1
EXHIBIT 10.25
INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
GTE SOUTHWEST INCORPORATED;
GTE ARKANSAS INCORPORATED;
GTE MIDWEST INCORPORATED
AND
DIGITAL TELEPORT, INC.
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TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT............................................................................I-1
ARTICLE II
DEFINITIONS ............................................................................................II-1
1. General Definitions.....................................................................................II-1
1.1 "ACCESS SERVICE REQUEST" ....................................................................II-1
1.2 "ACT" .......................................................................................II-1
1.3 "AFFILIATE" .................................................................................II-1
1.4 "AMA" .......................................................................................II-1
1.5 "APPLICABLE LAW" ............................................................................II-1
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT
SYSTEM (ALI/DMS)" ...........................................................................II-1
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI" ..................................................II-1
1.8 "BELLCORE" ..................................................................................II-1
1.9 "XXXX-AND-KEEP ARRANGEMENT" .................................................................II-1
1.10 "BONA FIDE REQUEST (BFR)" ...................................................................II-2
1.11 "BUSINESS DAY" ..............................................................................II-2
1.12 "CENTRAL OFFICE SWITCH" .....................................................................II-2
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS) ............................................II-2
1.14 "CLLI CODES" ................................................................................II-2
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS) ...................................................II-2
1.16 "COMMISSION" ................................................................................II-2
1.17 "COMMON CHANNEL SIGNALING" OR "CCS" .........................................................II-2
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC) .................................................II-2
1.19 "COMPLIANCE" ................................................................................II-2
1.20 "CUSTOMER" ..................................................................................II-2
1.21 "CUSTOMER USAGE DATA" .......................................................................II-2
1.22 "DS-1" ......................................................................................II-3
1.23 "DS-3" ......................................................................................II-3
1.24 "ELECTRONIC FILE TRANSFER" ..................................................................II-3
1.25 "EMR"........................................................................................II-3
1.26 "E-911 SERVICE" .............................................................................II-3
1.27 "EXCHANGE SERVICE" ..........................................................................II-3
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE" .................................................II-3
1.29 "FACILITY" ..................................................................................II-3
1.30 "FCC" .......................................................................................II-3
1.31 "GENERATOR" .................................................................................II-3
1.32 "GTOC" ......................................................................................II-3
1.33 "GUIDE"......................................................................................II-3
1.34 "HAZARDOUS CHEMICAL" ........................................................................II-4
1.35 "HAZARDOUS WASTE" ...........................................................................II-4
1.36 "IMMINENT DANGER" ...........................................................................II-4
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC) ...................................................II-4
1.38 "INTERIM NUMBER PORTABILITY (INP)" ..........................................................II-4
1.39 "INTERCONNECTION POINT" ("IP") ..............................................................II-4
1.40 "ISDN USER PART (ISUP)" .....................................................................II-4
1.41 "IXC" OR "INTEREXCHANGE CARRIER" ............................................................II-4
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY" .....................................II-4
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1.43 "LATA" ......................................................................................II-4
1.44 "LINE INFORMATION DATA BASE (LIDB)" .........................................................II-4
1.45 "LINE SIDE" .................................................................................II-4
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC" ...........................................................II-5
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG" ....................................................II-5
1.48 "LOCAL NUMBER PORTABILITY (LNP)" ............................................................II-5
1.49 "LOCAL TRAFFIC" .............................................................................II-5
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME" ..........................................................II-5
1.51 "MEET-POINT BILLING" OR "MPB" ...............................................................II-5
1.52 "MECAB" .....................................................................................II-5
1 53 "MECOD" .....................................................................................II-5
1.54 "MID-SPAN FIBER MEET" .......................................................................II-5
1.55 "NANP" ......................................................................................II-6
1.56 "NETWORK ELEMENT" ...........................................................................II-6
1.57 "NID" OR "NETWORK INTERFACE DEVICE" .........................................................II-6
1.58 "NUMBERING PLAN AREA" OR "NPA" ..............................................................II-6
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE" .......................................II-6
1.60 "911 SERVICE" ...............................................................................II-6
1.61 "OWNER AND OPERATOR" ........................................................................II-6
1 62 "POI" .......................................................................................II-6
1.63 "POLE ATTACHMENT" ...........................................................................II-6
1.64 "PROVIDER" ..................................................................................II-6
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP" ...................................................II-6
1.66 "RATE CENTER" ...............................................................................II-7
1.67 "RIGHT-OF-WAY" OR "ROW" .....................................................................II-7
1.68 "ROUTING POINT" .............................................................................II-7
1.69 "SERVICE CONTROL POINT" OR "SCP" ............................................................II-7
1.70 "SERVICE SWITCHING POINT" OR "SSP" ..........................................................II-7
1.71 "SIGNALING POINT" OR "SP" ...................................................................II-7
1.72 "SIGNALING SYSTEM 7" OR "SS7" ...............................................................II-7
1.73 "SIGNAL TRANSFER POINT" OR "STP" ............................................................II-7
1.74 "SUBSIDIARY" ................................................................................II-7
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" ....................................................II-7
1.76 "SWITCHED ACCESS SERVICE" ...................................................................II-8
1.77 "TELECOMMUNICATIONS SERVICES" ...............................................................II-8
1.78 "THIRD PARTY CONTAMINATION" .................................................................II-8
1.79 "TRUNK SIDE" ................................................................................II-8
1.80 "UNDEFINED TERMS" ...........................................................................II-8
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES") ............................................II-8
1.82 "WIRE CENTER" ...............................................................................II-8
ARTICLE III
GENERAL PROVISIONS......................................................................................III-1
1. Scope of General Provisions.............................................................................III-1
2. Term and Termination....................................................................................III-1
2.1 Term.........................................................................................III-1
2.2 Post-Termination Arrangements................................................................III-1
2.3 Termination Upon Default.....................................................................III-1
2.4 Termination Upon Sale........................................................................III-1
2.5 Liability upon Termination...................................................................III-1
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3. Amendments............................................................................................. III-2
4. Assignment..............................................................................................III-2
5. Authority...............................................................................................III-2
6. Responsibility for Payment..............................................................................III-2
7. Billing and Payment.....................................................................................III-2
7.1 Dispute......................................................................................III-2
7.2 Late Payment Charge..........................................................................III-2
7.3 Due Date.....................................................................................III-2
7.4 Audits.......................................................................................III-2
8. Binding Effect..........................................................................................III-3
9. Capacity Planning and Forecasting.......................................................................III-3
10. Compliance with Laws and Regulations....................................................................III-3
11. Confidential Information................................................................................III-3
11.1 Identification...............................................................................III-3
11.2 Handling.....................................................................................III-3
11.3 Exceptions...................................................................................III-4
11.4 Survival.....................................................................................III-4
12. Consent .............................................................................................III-4
13. Cooperation on Fraud Minimization.......................................................................III-4
14. Dispute Resolution......................................................................................III-4
14.1 Alternative to Litigation....................................................................III-4
14.2 Negotiations.................................................................................III-5
14.3 Arbitration..................................................................................III-5
14.4 Expedited Arbitration Procedures.............................................................III-5
14.5 Costs........................................................................................III-5
14.6 Continuous Service...........................................................................III-6
15. Entire Agreement........................................................................................III-6
16. Expenses................................................................................................III-6
17. Force Majeure...........................................................................................III-6
18. Good Faith Performance..................................................................................III-6
19. Governing Law...........................................................................................III-6
20. Standard Practices......................................................................................III-6
21. Headings .............................................................................................III-6
22. Independent Contractor Relationship.....................................................................III-6
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23. Law Enforcement Interface...............................................................................III-7
24. Liability and Indemnity.................................................................................III-7
24.1 Indemnification..............................................................................III-7
24.2 End User and Content-Related Claims..........................................................III-7
24.3 DISCLAIMER...................................................................................III-8
24.4 Limitation of Liability......................................................................III-8
24.5 Intellectual Property........................................................................III-8
25. Multiple Counterparts...................................................................................III-8
26. No Offer................................................................................................III-8
27. No Third Party Beneficiaries............................................................................III-8
28. Notices.................................................................................................III-8
29. Protection..............................................................................................III-9
29.1 Impairment of Service........................................................................III-9
29.2 Resolution...................................................................................III-9
30. Publicity...............................................................................................III-9
31. Regulatory Agency Control...............................................................................III-9
32. Changes in Legal Requirements...........................................................................III-10
33. Effective Date..........................................................................................III-10
34. Regulatory Matters......................................................................................III-10
35. Rule of Construction....................................................................................III-10
36. Section References......................................................................................III-10
37. Service Standards.......................................................................................III-10
37.1 .............................................................................................III-10
37.2 .............................................................................................III-10
37.3 .............................................................................................III-10
38. Severability............................................................................................III-10
39. Subcontractors..........................................................................................III-10
40. Subsequent Law..........................................................................................III-10
41. Taxes...................................................................................................III-10
42. Trademarks and Trade Names..............................................................................III-11
43. Waiver..................................................................................................III-11
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44. Environmental Responsibility............................................................................III-11
45. TBD Prices..............................................................................................III-13
46. Amendment of Certain Rates, Terms and Conditions........................................................III-13
ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS..................................................................................IV-1
1. General ................................................................................................IV-1
2. Liability of GTE........................................................................................IV-1
2.1 Inapplicability of Tariff Liability..........................................................IV-1
2.2 DTI Tariffs or Contracts.....................................................................IV-1
2.3 No Liability for Errors......................................................................IV-1
3. Unauthorized Changes....................................................................................IV-1
3.1 Procedures...................................................................................IV-1
3.2 Option to Restrict Changes Without Evidence of Authorization.................................IV-2
4. Impact of Payment of Charges on Service.................................................................IV-2
5. Unlawful Use of Service.................................................................................IV-2
6. Timing of Messages......................................................................................IV-3
7. Procedures For Preordering, Ordering, Provisioning, Etc. ...............................................IV-3
8. Customer Contacts.......................................................................................IV-3
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC................................................V-1
1. Services Covered by This Article........................................................................V-1
1.1 Types of Services............................................................................V-1
1.2 Service Locations for Interconnection Services and Facilities................................V-1
1.3 Additional Services or Service Locations.....................................................V-1
2. Billing and Rates.......................................................................................V-1
2.1 Rates and Charges............................................................................V-1
2.2 Billing......................................................................................V-1
3. Transport and Termination of Traffic....................................................................V-1
3.1 Traffic to be Exchanged......................................................................V-1
3.2 Compensation For Exchange Of Traffic.........................................................V-2
3.3 Tandem Switching Traffic.....................................................................V-3
3.4 Inter-Tandem Switching.......................................................................V-3
4. Direct Network Interconnection..........................................................................V-3
4.1 Network Interconnection Architecture.........................................................V-3
4.2 Compensation.................................................................................V-4
4.3 Trunking Requirements........................................................................V-5
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4.4 Network Redesigns Initiated by GTE...........................................................V-6
4.5 Interconnection Calling and Called Scopes for the Access Tandem
Interconnection and the End Office Interconnection...........................................V-6
5. Indirect Network Interconnection........................................................................V-6
6. Number Resources........................................................................................V-6
6.1 Number Assignment............................................................................V-6
6.2 Rate Centers.................................................................................V-6
6.3 Routing Points...............................................................................V-7
6.4 Code and Numbers Administration..............................................................V-7
6.5 Programming Switches.........................................................................V-7
7. Interim Number Portability (INP)........................................................................V-7
8. Meet-Point Billing......................................................................................V-7
8.1 Meet-Point Arrangements......................................................................V-7
8.2 Compensation.................................................................................V-8
9. Common Channel Signaling................................................................................V-8
9.1 Service Description..........................................................................V-8
9.2 Signaling Parameters.........................................................................V-8
9.3 Privacy Indicators...........................................................................V-9
9.4 Connection Through STP.......................................................................V-9
9.5 Third Party Signaling Providers..............................................................V-9
9.6 Multi-Frequency Signaling....................................................................V-9
10. Service Quality and Performance.........................................................................V-9
11. Network Outages.........................................................................................V-9
ARTICLE VI
RESALE OF SERVICES......................................................................................VI-1
1. General.................................................................................................VI-1
2. Terms and Conditions....................................................................................VI-1
2.1 Quality and Performance......................................................................VI-1
2.2 Restrictions on Resale.......................................................................VI-1
2.3 Restrictions on Discount of Retail Services..................................................VI-1
2.4 Resale to Other Carriers.....................................................................VI-2
3. Ordering and Billing....................................................................................VI-2
3.1 Local Service Request........................................................................VI-2
3.2 Certificate of Operating Authority...........................................................VI-2
3.3 Letter of Authorization......................................................................VI-2
3.4 Directory Assistance Listings................................................................VI-2
3.5 Nonrecurring Charges.........................................................................VI-2
3.6 Transfers Between DTI and Another Reseller of GTE Services...................................VI-2
3.7 Local Calling Detail.........................................................................VI-2
3.8 Procedures...................................................................................VI-2
3.9 LIDB.........................................................................................VI-2
3.10 "OLN"........................................................................................VI-3
-VI-
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4. Maintenance.............................................................................................VI-3
4.1 Maintenance, Testing and Repair..............................................................VI-3
4.2 Specifics and Procedures for Maintenance.....................................................VI-3
5.1 Description of Local Exchange Services Available for Resale..................................VI-3
5.2 List of Services Available for Resale........................................................VI-3
5.3 Rates........................................................................................VI-4
5.4 Grandfathered Services.......................................................................VI-4
5.5 Access.......................................................................................VI-4
5.6 Operator Services (OS) and Directory Assistance (DA).........................................VI-4
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS..............................................................................VII-1
1. General.................................................................................................VII-1
2. Unbundled Network Elements..............................................................................VII-1
2.1 Categories...................................................................................VII-1
2.2 Prices.......................................................................................VII-1
2.3 Interconnection to Unbundled Elements........................................................VII-1
2.4 Service Quality..............................................................................VII-2
3. Network Interface Device................................................................................VII-2
3.1 Direct Connection............................................................................VII-2
3.2 NID to NID Connection........................................................................VII-2
3.3 Removal of Cable Pairs.......................................................................VII-3
3.4 Maintenance..................................................................................VII-3
4. Loop Elements...........................................................................................VII-3
4.1 Service Description..........................................................................VII-3
4.2 Categories of Loops..........................................................................VII-3
4.3 Conditioned Loops............................................................................VII-4
4.4 Features, Functions, Attributes..............................................................VII-4
4.5 Digital Loop Carrier.........................................................................VII-4
4.6 Unbundled Loop Facility Certification........................................................VII-4
4.7 Unbundled Loop Facility Notification.........................................................VII-5
4.8 Subloops.....................................................................................VII-5
5. Port and Local Switching Elements.......................................................................VII-5
5.1 Port.........................................................................................VII-5
5.2 Ports Available as Unbundled Network Elements................................................VII-6
5.3 Port Prices..................................................................................VII-6
5.4 .............................................................................................VII-6
Local Switching.........................................................................................VII-6
5.5 Compliance with Section......................................................................VII-6
6. Transport Facility......................................................................................VII-6
6.1 Service Description..........................................................................VII-6
6.2 Categories/Types.............................................................................VII-7
7. SS7 Transport and Signaling.............................................................................VII-7
7.1 .............................................................................................VII-7
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8. LIDB Services...........................................................................................VII-7
9. Database 800-Type Services..............................................................................VII-7
10. Data Switching..........................................................................................VII-7
10.1 Access.......................................................................................VII-7
10.2 Nondiscrimination............................................................................VII-7
10.3 Testing, Monitoring, Administration and Maintenance..........................................VII-7
11. Digital Cross Connect System (DCS)......................................................................VII-7
11.1 Access.......................................................................................VII-7
11.2 Optional Characteristics.....................................................................VII-7
11.3 Alternate Provisioning.......................................................................VII-7
11.4 Elements.....................................................................................VII-8
11.5 Capabilities.................................................................................VII-8
11.6 Protection and Performance...................................................................VII-8
11.7 Provisioning, Administration and Maintenance.................................................VII-8
12. Operator Services (OS) and Directory Assistance (DA)....................................................VII-8
12.1 Customized Routing...........................................................................VII-8
13. Advanced Intelligent Network Access (AIN)...............................................................VII-9
14. Nondiscrimination Provision and Support.................................................................VII-9
15. Provisioning Intervals..................................................................................VII-9
16. Directory Assistance Listing............................................................................VII-9
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS................................................VIII-1
1. Bona Fide Request Process...............................................................................VIII-1
1.1 Intent ......................................................................................VIII-1
1.2 Process .....................................................................................VIII-1
2. Transfer of Service Announcements.......................................................................VIII-1
3. Misdirected Calls.......................................................................................VIII-1
3.1 .............................................................................................VIII-2
3.2 .............................................................................................VIII-2
4. 911/E911 Arrangements...................................................................................VIII-2
4.1 Description of Service.......................................................................VIII-2
4.2 Transport....................................................................................VIII-2
4.3 Cooperation and Level of Performance.........................................................VIII-2
4.4 Basic 911 and E911 General Requirements......................................................VIII-2
4.5 Compensation.................................................................................VIII-7
5. Information Services Traffic............................................................................VIII-7
5.1 Routing......................................................................................VIII-7
5.2 Billing and Collection and Information Service Provider (ISP) Remuneration...................VIII-7
5.3 900-976 Call Blocking........................................................................VIII-7
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5.4 Miscellaneous ...............................................................................VIII-7
6. Telephone Relay Service.................................................................................VIII-7
7. Directory Assistance (DA) and Operator Services (OS)....................................................VIII-8
7.1 Directory Assistance Calls...................................................................VIII-8
7.2 Operator Services Calls......................................................................VIII-8
8. Directory Assistance Listings Information...............................................................VIII-8
8.1 .............................................................................................VIII-8
8.2 .............................................................................................VIII-8
8.3 .............................................................................................VIII-8
9. Directory Listings and Directory Distribution...........................................................VIII-9
10. Busy Line Verification and Busy Line Verification Interrupt.............................................VIII-9
11. SAG ....................................................................................................VIII-9
12. Dialing Format Changes..................................................................................VIII-9
13. Operational Support Systems (OSS).......................................................................VIII-9
ARTICLE IX
COLLOCATION.............................................................................................IX-1
1. Physical Collocation....................................................................................IX-1
1.1 Space Planning...............................................................................IX-1
1.2 Connection to Customer Loops and Ports.......................................................IX-1
1.3 Connection to Other Collocated Carriers......................................................IX-1
1.4 Choice of Vendor.............................................................................IX-2
1.5 Monitoring...................................................................................IX-2
1.6 Phone Service................................................................................IX-2
1.7 Intraoffice Diversity........................................................................IX-2
1.8 DTI Proprietary Information..................................................................IX-2
1.9 Notification of Modifications................................................................IX-2
1.10 Drawings.....................................................................................IX-2
1.11 Construction of Space........................................................................IX-2
1.12 Connection Equipment.........................................................................IX-3
1.13 Access to DTI Collocation Space..............................................................IX-3
2. Virtual Collocation.....................................................................................IX-4
2.1 Existing Virtual Collocation.................................................................IX-4
2.2 Conversion from Physical to Virtual..........................................................IX-4
2.3 Vendors......................................................................................IX-5
2.4 Inspection...................................................................................IX-5
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY .....................................................X-1
APPENDIX A
GTE MEASURES OF QUALITY (MOQ)...........................................................................A-1
00
XXXXXXXX X
SERVICE MATRIX..........................................................................................B-1
APPENDIX C
INTERCONNECTION, TELECOMMUNICATIONS SERVICES
AND FACILITIES AGREEMENT................................................................................C-1
APPENDIX D
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC....................................................................D-1
APPENDIX E
RATES AND CHARGES FOR LOCAL NUMBER PORTABILITY USING RCF................................................E-1
APPENDIX F
SERVICES AVAILABLE FOR RESALE...........................................................................F-1
APPENDIX G
PRICES FOR UNBUNDLED ELEMENTS...........................................................................G-1
APPENDIX H
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS.............................................................H-1
APPENDIX I
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE.................................................I-1
APPENDIX J
SS7 SERVICES............................................................................................J-1
APPENDIX K
POLE ATTACHMENT AGREEMENT...............................................................................K-1
APPENDIX L
CONDUIT OCCUPANCY AGREEMENT.............................................................................L-1
APPENDIX M
RECIPROCAL COMPENSATION FOR CALL TERMINATION............................................................M-1
APPENDIX 46A
GTE TERMS...............................................................................................N-1
APPENDIX 46B
OTHERCLEC TERMS.........................................................................................O-1
-X-
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This Interconnection, Resale and Unbundling Agreement (the "Agreement"), is
made effective as of______, 199___ , by and between GTE Southwest
Incorporates/GTE Arkansas Incorporated/GTE Midwest Incorporated, with its
address for purposes of this Agreement at 000 Xxxxxx Xxxxx Xxxxx, Xxxxxx, Xxxxx
00000 ("GTE"), and Digital Teleport, Inc., in its capacity as a certified
provider of local dial-tone service ("DTI"), with its address for this
Agreement at 00000 Xxxxxxx Xxxx, Xx. Xxxxx, Xxxxxxxx 00000 (GTE and DTI being
referred to collectively as the "Parties" and individually as a "Party"). This
Agreement covers services in the State of Oklahoma only (the "State").
WHEREAS, interconnection between competing Local Exchange Carriers ("LECs") is
necessary and desirable for the mutual exchange and termination of traffic
originating on each LEC's network; and
WHEREAS, the Parties desire to exchange such traffic and related signaling in a
technically and economically efficient manner at defined and mutually agreed
upon interconnection points; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their
respective telecommunications networks on terms that are fair and equitable to
both Parties; and
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act") imposes
specific obligations on LECs with respect to the interconnection of their
networks, resale of their telecommunications services, access to their poles,
ducts, conduits and rights-of-way and, in certain cases, the offering of certain
unbundled network elements and physical collocation of equipment in LEC
premises;
WHEREAS, GTE is entering, under protest, into certain aspects of this Agreement
that incorporate adverse results from the arbitrated agreements approved or
which may be approved by the Commission in this state and is doing so in order
to avoid the expense of arbitration while at the same time preserving its legal
positions, rights and remedies.
NOW, THEREFORE, in consideration of the mutual provisions contained herein and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, GTE and DTI hereby covenant and agree as follows:
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ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one
another within each area in which they both operate within the State for
purposes of interconnection and the exchange of traffic between their respective
end user customers, and reciprocal access to poles, ducts, conduits and
rights-of-way. This Agreement also governs the purchase by DTI of certain
telecommunications services provided by GTE in its franchise areas for resale by
DTI, the purchase by DTI of certain unbundled network elements from GTE, and the
terms and conditions of the collocation of certain equipment of DTI in the
premises of GTE. This Agreement is an integrated package that reflects a
balancing of interests critical to the Parties. This Agreement will be submitted
to the Oklahoma Corporation Commission (the "Commission") for approval. The
Parties agree that their entrance into this Agreement is without prejudice to
and does not waive any positions they may have taken previously, or may take in
the future, in any legislative, regulatory, judicial or other public forum
addressing any matters, including matters related to the same types of
arrangements and/or matters related to GTE's cost recovery covered in this
Agreement. DTI agrees to negotiate reciprocal terms and conditions with GTE
based on this Agreement. GTE's execution of this Agreement is not a concession
or waiver in any manner concerning its position that certain of the rates, terms
and conditions contained herein are unlawful, illegal and improper.
The services and facilities to be provided to DTI by GTE in satisfaction of this
Agreement may be provided pursuant to GTE tariffs and then current practices.
Should such services and facilities be modified by tariff or by Order, including
any modifications resulting from other Commission proceedings, federal court
review or other judicial action, such modifications will be deemed to
automatically supersede any rates and terms and conditions of this Agreement.
GTE will provide notification to DTI before such a tariff becomes effective, and
DTI may provide input on such proposed tariff. The Parties shall cooperate with
one another for the purpose of incorporating required modifications into this
agreement.
I-1
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ARTICLE II
DEFINITIONS
1. General Definitions. Except as otherwise specified herein, the
following definitions shall apply to all Articles and Appendices
contained in this Agreement. Additional definitions that are specific
to the matters covered in a particular Article may appear in that
Article. To the extent that there may be any conflict between a
definition set forth in this Article II and any definition in a
specific Article or Appendix, the definition set forth in the specific
Article or Appendix shall control with respect to that Article or
Appendix.
1.1 "ACCESS SERVICE REQUEST" (ASR) means an industry standard form
used by the Parties to add, establish, change or disconnect
services or trunks for the purposes of Interconnection.
1.2 "ACT" means the Telecommunications Act of 1996, Public Law
104-104 of the 000xx Xxxxxx Xxxxxx Congress effective February
8, 1996.
1.3 "AFFILIATE" of a Party means a person, corporation or other
legal entity that, directly or indirectly, owns or controls a
Party, or is owned or controlled by, or is under common
ownership or control with a Party.
1.4 "AMA" means the Automated Message Accounting structure
inherent in switch technology that initially records
telecommunication message information. AMA format is contained
in the Automated Message Accounting document, published by
Bellcore as GR-1100-CORE which defines the industry standard
for message recording.
1.5 "APPLICABLE LAW" shall mean all laws, statutes, common law,
regulations, ordinances, codes, rules, guidelines, orders,
permits, and approvals of any Governmental Authority, which
apply or relate to the subject matter of this Agreement.
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM
(ALI/DMS)" means the emergency services (E911/911) database
containing customer location information (including name,
address, telephone number, and sometimes special information
from the local service provider) used to process subscriber
access records into Automatic Location Identification (ALI)
records. From this database, records are forwarded to GTE's
ALI Gateway for downloading by local ALI database systems to
be available for retrieval in response to ANI from a 9-1-1
call. Also, from this database, GTE will upload to its
selective routers the selective router ALI (SR/ALI) which is
used to determine to which Public Safety Answering Point
("PSAP") to route the call.
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI" refers to the
number transmitted through the network identifying the calling
party.
1.8 "BELLCORE" means an organization owned jointly by the Xxxx
regional holding companies and that may in the future be owned
partially or totally by other persons, that conducts research
and development projects for its owners, including development
of new telecommunications services. Bellcore also provides
certain centralized technical and management services for the
regional holding companies and also provides generic
requirements for the telecommunications industry for products,
services and technologies.
1.9 "XXXX-AND-KEEP ARRANGEMENT" means a compensation arrangement
whereby the Parties do not render bills to each other for the
termination of local traffic specified in this
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Agreement and whereby the Parties terminate local exchange
traffic originating from end-users served by the networks of
the other Party without explicit charging among or between
said carriers for such traffic exchange.
1.10 "BONA FIDE REQUEST (BFR)" process is intended to be used when
requesting customized Service Orders for certain services,
features, capabilities or functionality defined and agreed
upon by the Parties as services to be ordered as Bona Fide
Requests.
1.11 "BUSINESS DAY" shall mean Monday through Friday, except
for holidays on which the U.S. mail is not delivered.
1.12 "CENTRAL OFFICE SWITCH" means a switch used to provide
telecommunications services including (I) "End Office
Switches" which are Class 5 switches from which end user
Exchange Services are directly connected and offered, and (ii)
"Tandem Office Switches" which are Class 4 switches which are
used to connect and switch trunk circuits between and among
central office switches. Central office switches may be
employed as combination end office/tandem office switches
(combination Class 5/Class 4).
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS) means the
billing record and clearing house transport system that the
Regional Xxxx Operating Companies ("RBOCs") and other
incumbent LECs use to efficiently exchange out collects and in
collects as well as Carrier Access Billing System ("CABS")
records.
1.14 "CLLI CODES" means Common Language Location Identifier Codes.
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS) means a radio
communication service between mobile stations or receivers and
land stations, or by mobile stations communicating among
themselves that is provided for profit and that makes
interconnected service available to the public or to such
classes of eligible users as to be effectively available to a
substantial portion of the public.
1.16 "COMMISSION" means the Oklahoma Corporation Commission.
1.17 "COMMON CHANNEL SIGNALING" OR "CCS" means a high-speed
specialized packet-switched communications network that is
separate (out-of-band) from the public packet-switched and
message networks. CCS carries addressed signaling messages for
individual trunk circuits and/or database-related services
between Signaling Points in the CCS network using SS7
signaling protocol.
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC) means any company
or person authorized to provide local exchange services in
competition with an ILEC.
1.19 "COMPLIANCE" means environmental and safety laws and
regulations are based upon a federal regulatory framework,
with certain responsibilities delegated to the States. An
environmental/safety compliance program may include review of
applicable laws/regulations, development of written
procedures, training of employees and auditing.
1.20 "CUSTOMER" may mean GTE or DTI depending on the context
and which Party is receiving the service from the other Party.
1.21 "CUSTOMER USAGE DATA" means that the local telecommunications
services usage data of a CLEC customer, measured in minutes,
sub-minute increments, message units, or otherwise, that is
recorded and exchanged by the Parties.
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1.22 "DS-1" is a digital signal rate of 1.544 Mbps.
1.23 "DS-3" is a digital signal rate of 44.736 Mbps.
1.24 "ELECTRONIC FILE TRANSFER" refers to a system or process which
utilizes an electronic format and protocol to send/receive
data files.
1.25 "EMR" means the Exchange Message Record which is an industry
standard record used to exchange telecommunications message
information among CLECs for billable, non-billable, sample,
settlement and study data. EMR format is defined in
BR-010-200-010 XXXX Exchange Message Record, published by
Bellcore and which defines the industry standard for exchange
message records.
1.26 "E-911 SERVICE" is a method of routing 911 calls to a Public
Service Answering Point that uses a customer location database
to determine the location to which a call should be routed.
E-9-1-1 service includes the forwarding of the caller's
Automatic Number Identification (ANI) to the PSAP where the
ANI is used to retrieve and display the Automatic Location
Identification (ALI) on a terminal screen at the answering
Attendant's position. It usually includes selective routing.
1.27 "EXCHANGE SERVICE" refers to all basic access line services,
or any other services offered to end users which provide end
users with a telephonic connection to, and a unique telephone
number address on, the public switched telecommunications
network ("PSTN"), and which enable such end users to place or
receive calls to all other stations on the PSTN.
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE" means a service
that provides interconnecting carriers with the capability to
terminate basic fiber optic transmission facilities, including
optical terminating equipment and multiplexers, at GTE's wire
centers and access tandems and interconnect those facilities
with the facilities of GTE. Microwave is available on a
case-by-case basis where feasible.
1.29 "FACILITY" means all buildings, equipment, structures and
other items located on a single site or contiguous or adjacent
sites owned or operated by the same persons or person as used
in Article III, Section 44.
1.30 "FCC" means the Federal Communications Commission.
1.31 "GENERATOR" means under Resource Conservation Recovery Act
(RCRA), the person whose act produces a hazardous waste (40
CFR 261) or whose act first causes a hazardous waste to become
subject to regulation. The generator is legally responsible
for the proper management and disposal of hazardous wastes in
accordance with regulations.
1.32 "GTOC" means GTE Telephone Operating Company.
1.33 "GUIDE" means the GTE Open Market Transition Order/Processing
Guide/ALEC Customer Guide, which contains GTE's operating
procedures for ordering, provisioning, trouble reporting and
repair for resold services and unbundled elements. Except as
specifically provided otherwise in this Agreement, service
ordering, provisioning, billing and maintenance shall be
governed by the "Guide" which may be amended from time to time
by GTE as needed.
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1.34 "HAZARDOUS CHEMICAL" means as defined in the U.S. Occupational
Safety and Health (OSHA) hazard communication standard (29 CFR
1910.1200), any chemical which is a health hazard or physical
hazard.
1.35 "HAZARDOUS WASTE" means as described in Resource Conservation
Recovery Act (RCRA), a solid waste(s) which may cause, or
significantly contribute to an increase in mortality or
illness or pose a substantial hazard to human health or the
environment when improperly treated, stored, transported or
disposed of or otherwise managed because of its quantity,
concentration or physical or chemical characteristics.
1.36 "IMMINENT DANGER" means as described in the Occupational
Safety and Health Act and expanded for environmental matters,
any conditions or practices at a facility which are such that
a danger exists which could reasonably be expected to cause
death or serious harm or significant damage to the environment
or natural resources.
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC) means any local
exchange carrier that was as of February 8, 1996, deemed to be
a member of the Exchange Carrier Association as set forth in
47 C.F.R. ss.69.601(b) of the FCC's regulations.
1.38 "INTERIM NUMBER PORTABILITY (INP)" means the delivery of LNP
capabilities, from a customer standpoint in terms of call
completion, with as little impairment of functioning, quality,
reliability, and convenience as possible and from a carrier
standpoint in terms of compensation, through the use of
existing and available call routing, forwarding, and
addressing capabilities.
1.39 "INTERCONNECTION POINT" ("IP") means the physical point on the
network where the two parties interconnect. The "IP" is the
demarcation point between ownership of the transmission
facility.
1.40 "ISDN USER PART (ISUP)" means a part of the SS7 protocol
that defines call setup messages and call takedown messages.
1.41 "IXC" OR "INTEREXCHANGE CARRIER" means a telecommunications
service provider authorized by the FCC to provide interstate
long distance communications services between LATAs and are
authorized by the State to provide inter- and/or intraLATA
long distance communications services within the State.
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY" means
the physical connection of separate pieces of equipment,
transmission facilities, etc., within, between and among
networks, for the transmission and routing of exchange service
and exchange access.
1.43 "LATA" means Local Access and Transport Area. A LATA denotes a
geographic area for the provision and administration of
communications service; i.e., intraLATA or interLATA.
1.44 "LINE INFORMATION DATA BASE (LIDB)" means one or all, as the
context may require, of the Line Information databases owned
individually by GTE and other entities which provide, among
other things, calling card validation functionality for
telephone line number cards issued by GTE and other entities.
A LIDB also contains validation data for collect and third
number-billed calls; i.e., Billed Number Screening.
1.45 "LINE SIDE" refers to an end office switch connection that has
been programmed to treat the circuit as a local line connected
to an ordinary telephone station set. Line side
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connections offer only those transmission and signaling
features appropriate for a connection between an end office
and an ordinary telephone set.
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC" means any company certified
by the Commission to provide local exchange telecommunications
service. This includes the Parties to this Agreement.
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG" means the Bellcore
reference customarily used to identify NPA-NXX routing and
homing information, as well as network element and equipment
designation.
1.48 "LOCAL NUMBER PORTABILITY (LNP)" means the ability of users of
telecommunications services to retain, at the same location,
existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one
telecommunications carrier to another.
1.49 "LOCAL TRAFFIC" means traffic that is originated by an end
user of one Party and terminates to the end user of the other
Party within GTE's then current local serving area, including
mandatory local calling scope arrangements. A mandatory local
calling scope arrangement is an arrangement that provides end
users a local calling scope, Extended Area Service ("EAS"),
beyond their basic exchange serving area. Local Traffic does
not include optional local calling scopes (i.e., optional rate
packages that permit the end user to choose a local calling
scope beyond their basic exchange serving area for an
additional fee), referred to hereafter as "optional EAS."
Local Traffic excludes Information Service Provider ("ISP")
traffic (e.g., Internet, paging, 900-976, etc.).
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME" means the distribution
frame used to interconnect cable pairs and line trunk
equipment terminating on a switching system.
1.51 "MEET-POINT BILLING" OR "MPB" refers to an arrangement whereby
two LECs jointly provide the transport element of a switched
access service to one of the LEC's end office switches, with
each LEC receiving an appropriate share of the transport
element revenues as defined by their effective access tariffs.
1.52 "MECAB" refers to the Multiple Exchange Carrier Access Billing
("MECAB") document prepared by the Billing Committee of the
Ordering and Billing Forum ("OBF"), which functions under the
auspices of the Carrier Liaison Committee ("CLC") of the
Alliance for Telecommunications Industry Solutions ("ATIS").
The MECAB document, published by Bellcore as Special Report
SR-BDS-000983, contains the recommended guidelines for the
billing of an access service provided by two or more LECs, or
by one LEC in two or more states within a single LATA.
1.53 "MECOD" refers to the Multiple Exchange Carriers Ordering and
Design ("MECOD") Guidelines for Access Services - Industry
Support Interface, a document developed by the
Ordering/Provisioning Committee under the auspices of the
Ordering and Billing Forum ("OBF"), which functions under the
auspices of the Carrier Liaison Committee ("CLC") of the
Alliance for Telecommunications Industry Solutions ("ATIS").
The MECOD document, published by Bellcore as Special Report
SR-STS-002643, establish methods for processing orders for
access service which is to be provided by two or more LECs.
1.54 "MID-SPAN FIBER MEET" means an Interconnection architecture
whereby two carriers' fiber transmission facilities meet at a
mutually agreed-upon POI.
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1.55 "NANP" means the "North American Numbering Plan", the system
of telephone numbering employed in the United States, Canada,
and the Caribbean countries that employ NPA 809.
1.56 "NETWORK ELEMENT" means a facility or equipment used in the
provision of a telecommunications service. Network Element
includes features, functions, and capabilities that are
provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and
information sufficient for billing and collection or used in
the transmission, routing, or other provision of a
telecommunications service.
1.57 "NID" OR "NETWORK INTERFACE DEVICE" means the point of
demarcation between the end user's inside wiring and GTE's
facilities.
1.58 "NUMBERING PLAN AREA" OR "NPA" is also sometimes referred to
as an area code. This is the three digit indicator which is
defined by the "A", "B", and "C" digits of each 10-digit
telephone number within the NANP. Each NPA contains 800
possible NXX Codes. There are two general categories of NPA,
"Geographic NPAs" and "Non-Geographic NPAs". A Geographic NPA
is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with
services provided within that geographic area. A
Non-Geographic NPA, also known as a "Service Access Code" or
"SAC Code" is typically associated with a specialized
telecommunications service which may be provided across
multiple geographic NPA areas. 800, 900, 700, and 888 are
examples of Non-Geographic NPAs.
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE" is the
three digit switch entity indicator which is defined by the
"D", "E", and "F" digits of a 10-digit telephone number within
the NANP. Each NXX Code contains 10,000 station numbers.
1.60 "911 SERVICE" means a universal telephone number which gives
the public direct access to the PSAP. Basic 911 service
collects 911 calls from one or more local exchange switches
that serve a geographic area. The calls are then sent to the
correct authority designated to receive such calls.
1.61 "OWNER AND OPERATOR" means as used in OSHA regulations, owner
is the legal entity, including a lessee, which exercises
control over management and record keeping functions relating
to a building or facility. As used in the Resource
Conservation and Recovery Act (RCRA), operator means the
person responsible for the overall (or part of the) operations
of a facility.
1.62 "POI" means Point of Interconnection designated for routing of
local interconnection trunks.
1.63 "POLE ATTACHMENT" has the meaning as set forth in Article X
and Appendix K of this Agreement.
1.64 "PROVIDER" may mean GTE or DTI depending on the context
and which Party is providing the service to the other Party.
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP" means an answering
location for 9-1-1 calls originating in a given area. A PSAP
may be designated as Primary or Secondary, which refers to the
order in which calls are directed for answering. Primary PSAPs
respond first; Secondary PSAPs receive calls on a transfer
basis only, and generally serve as a centralized answering
location for a particular type of emergency call. PSAPs are
staffed
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by employees of Emergency Response Agencies ("ERAs") such as
police, fire or emergency medical agencies or by employees of
a common bureau serving a group of such entities.
1.66 "RATE CENTER" means the specific geographic point and
corresponding geographic area that are associated with one or
more particular NPA-NXX Codes that have been assigned to a LEC
for its provision of Exchange Services. The geographic point
is identified by a specific Vertical and Horizontal (V&H)
coordinate that is used to calculate distance-sensitive end
user traffic to/from the particular NPA-NXXs associated with
the specific Rate Center.
1.67 "RIGHT-OF-WAY" OR "ROW" means the right to use the land or
other property of another party to place poles, conduits,
cables, other structures and equipment, or to provide passage
to access such structures and equipment. A ROW may run under,
on, or above public or private property (including air space
above public or private property) and may include the right to
use discrete space in buildings, building complexes, or other
locations.
1.68 "ROUTING POINT" denotes a location that a LEC has designated
on its network as the homing (routing) point for traffic that
terminates to Exchange Services provided by the LEC that bear
a certain NPA-NXX designation. The Routing Point is used to
calculate airline mileage for the distance-sensitive transport
element charges of Switched Access Services. Pursuant to
Bellcore Practice BR795-100-100, the Routing Point may be an
end office location, or a "LEC Consortium Point of
Interconnection." The Routing Point must be in the same LATA
as the associated NPA-NXX.
1.69 "SERVICE CONTROL POINT" OR "SCP" is the node in the signaling
network to which informational requests for service handling,
such as routing, are directed and processed. The SCP is a real
time database system that, based on a query from the SSP,
performs subscriber or application-specific service logic, and
then sends instructions back to the SSP on how to continue
call processing.
1.70 "SERVICE SWITCHING POINT" OR "SSP" means a Signaling Point
that can launch queries to databases and receive/interpret
responses used to provide specific customer services.
1.71 "SIGNALING POINT" OR "SP" means a node in the CCS network that
originates and/or receives signaling messages, or transfers
signaling messages from one signaling link to another, or
both.
1.72 "SIGNALING SYSTEM 7" OR "SS7" means the signaling protocol,
Version 7, of the CCS network, based upon American National
Standards Institute ("ANSI") standards.
1.73 "SIGNAL TRANSFER POINT" OR "STP" means a packet switch in the
CCS network that is used to route signaling messages among
SSPs, SCPs and other STPs in order to set up calls and to
query databases for advanced services. GTE's network includes
mated pairs of local and regional STPs. STPs are provided in
pairs for redundancy. GTE STPs conform to ANSI T1.111-8
standards.
1.74 "SUBSIDIARY" of a Party means a corporation or other legal
entity that is majority owned by such Party.
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" means synchronous
electrical ("STS") or optical channel ("OC") connections
between LECs.
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1.76 "SWITCHED ACCESS SERVICE" means the offering of facilities for
the purpose of the origination or termination of traffic to or
from Exchange Service customers in a given area pursuant to a
switched access tariff. Switched Access Services include:
Feature Group A, Feature Group B, Feature Group C, Feature
Group D, 800 access and 900 access services.
1.77 "TELECOMMUNICATIONS SERVICES" means the offering of
telecommunications for a fee directly to the public, or to
such classes of users as to be effectively available directly
to the public, regardless of the facilities used.
1.78 "THIRD PARTY CONTAMINATION" means environmental pollution that
is not generated by the LEC or DTI but results from off-site
activities impacting a facility.
1.79 "TRUNK SIDE" refers to a central office switch connection that
is capable of, and has been programmed to treat the circuit
as, connecting to another switching entity, for example, to
another central office switch. Trunk side connections offer
those transmission and signaling features appropriate for the
connection of switching entities and cannot be used for the
direct connection of ordinary telephone station sets.
1.80 "UNDEFINED TERMS" means the Parties acknowledge that terms may
appear in this Agreement which are not defined and agree that
any such terms shall be construed in accordance with their
customary usage in the telecommunications industry as of the
effective date of this Agreement.
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES") means
vertical services and switch functionalities provided by GTE,
including: Automatic Call Back; Automatic Recall; Call
Forwarding Busy Line/Don't Answer; Call Forwarding Don't
Answer; Call Forwarding Variable; Call Forwarding - Busy Line;
Call Trace; Call Waiting; Call Number Delivery Blocking Per
Call; Calling Number Blocking Per Line; Cancel Call Waiting;
Distinctive Ringing/Call Waiting; Incoming Call Line
Identification Delivery; Selective Call Forward; Selective
Call Rejection; Speed Calling; and Three Way Calling/Call
Transfer.
1.82 "WIRE CENTER" means a building or space within a building that
serves as an aggregation point on a LEC's network, where
transmission facilities and circuits are connected or
switched. "Wire center" can also denote a building in which
one or more Central Offices, used for the provision of
exchange services and access services, are located.
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ARTICLE III
GENERAL PROVISIONS
1. Scope of General Provisions. Except as may otherwise be set forth in a
particular Article or Appendix of this Agreement, in which case the
provisions of such Article or Appendix shall control, these General
Provisions apply to all Articles and Appendices of this Agreement.
2. Term and Termination.
2.1 Term. Subject to the termination provisions contained in this
Agreement, the term of this Agreement shall be two (2) years
from the effective date referenced in the first paragraph of
this Agreement and shall continue in effect for consecutive
one (1) year terms until either Party gives the other Party at
least ninety (90) calendar days written notice of termination,
which termination shall be effective at the end of the
then-current term. In the event notice is given less than 90
calendar days prior to the end of the current term, this
Agreement shall remain in effect for 90 calendar days after
such notice is received, provided, that in no case shall the
term be extended beyond 90 calendar days after the end of the
current term.
2.2 Post-Termination Arrangements. Except in the case of
termination as a result of either Party's default or a
termination upon sale, for service arrangements made available
under this Agreement and existing at the time of termination,
those arrangements may continue without interruption (a) under
a new agreement voluntarily executed by the Parties; (b)
standard terms and conditions approved and made generally
effective by the Commission, if any; (c) tariff terms and
conditions made generally available to all CLECs; or (d) any
rights under Section 252(I) of the Act.
2.3 Termination Upon Default. Either Party may terminate this
Agreement in whole or in part in the event of a default by the
other Party; provided however, that the non-defaulting Party
notifies the defaulting party in writing of the alleged
default and that the defaulting Party does not cure the
alleged default within sixty (60) calendar days of receipt of
written notice thereof. Default is defined to include:
(a) A Party's insolvency or the initiation of bankruptcy or
receivership proceedings by or against the Party; or
(b) A Party's refusal or failure in any material respect properly
to perform its obligations under this Agreement, or the
violation any of the material terms or conditions of this
Agreement.
2.4 Termination Upon Sale. Notwithstanding anything to the
contrary contained herein, a Party may terminate this
Agreement as to a specific operating area or portion thereof
of such Party if such Party sells or otherwise transfers the
area or portion thereof. The Party shall provide the other
Party with at least ninety (90) calendar days' prior written
notice of such termination, which shall be effective on the
date specified in the notice. Notwithstanding termination of
this Agreement as to a specific operating area, this Agreement
shall remain in full force and effect in the remaining
operating areas.
2.5 Liability upon Termination. Termination of this Agreement, or
any part hereof, for any cause shall not release either Party
from any liability which at the time of termination had
already accrued to the other Party or which thereafter accrues
in any respect to any act or omission occurring prior to the
termination or from an obligation which is expressly stated in
this Agreement to survive termination.
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3. Amendments. Any amendment, modification, or supplement to this
Agreement must be in writing and signed by an authorized representative
of each Party. The term "this Agreement" shall include future
amendments, modifications, and supplements.
4. Assignment. Any assignment by either Party of any right, obligation, or
duty, in whole or in part, or of any interest, without the written
consent of the other Party shall be void, except that either Party may
assign all of its rights, and delegate its obligations, liabilities and
duties under this Agreement, either in whole or in part, to any entity
that is, or that was immediately preceding such assignment, a
Subsidiary or Affiliate of that Party without consent, but with written
notification. The effectiveness of an assignment shall be conditioned
upon the assignee's written assumption of the rights, obligations, and
duties of the assigning Party.
5. Authority. Each person whose signature appears on this Agreement
represents and warrants that he or she has authority to bind the Party
on whose behalf he or she has executed this Agreement.
6. Responsibility for Payment. All charges for Services provided under
this Agreement will be billed to DTI, including all applicable taxes
and surcharges. In addition, the End User Common Line (EUCL) Charge
from GTOC Tariff FCC No. 1 is applicable to Resold Services. DTI is
responsible for payment of charges billed regardless of any billing
arrangements or situation between DTI and its end user customer.
7. Billing and Payment. Except as provided elsewhere in this Agreement and
where applicable, in conformance with MECAB and MECOD guidelines, DTI
and GTE agree to exchange all information to accurately, reliably, and
properly xxxx for features, functions and services rendered under this
Agreement.
7.1 Dispute. If one Party disputes a billing statement issued by
the other Party, the billed Party shall notify Provider in
writing regarding the nature and the basis of the dispute
within six (6) months of the statement date or the dispute
shall be waived. The Parties shall diligently work toward
resolution of all billing issues.
7.2 Late Payment Charge. If any undisputed amount due on the
billing statement is not received by Provider on the payment
due date, Provider may charge, and Customer agrees to pay, at
Provider's option, interest on the past due balance at a rate
equal to the lesser of the interest rates set forth in the
applicable GTE/Contel state access tariffs or the GTOC/GSTC
FCC No. 1 tariff, one and one-half percent (1 1/2%) per
month or the maximum nonusurious rate of interest under
applicable law. Late payment charges shall be included on the
next statement.
7.3 Due Date. Payment is due 30 calendar days from the xxxx date.
7.4 Audits. Either Party may conduct an audit of the other Party's
books and records pertaining to the Services provided under
this Agreement, no more frequently than once per twelve (12)
month period, to evaluate the other Party's accuracy of
billing, data and invoicing in accordance with this Agreement.
Any audit shall be performed as follows: (I) following at
least thirty (30) Business Days' prior written notice to the
audited Party; (ii) subject to the reasonable scheduling
requirements and limitations of the audited Party: (iii) at
the auditing Party's sole cost and expense; (iv) of a
reasonable scope and duration; (v) in a manner so as not to
interfere with the audited Party's business operations; and
(vi) in compliance with the audited Party's security rules.
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8. Binding Effect. This Agreement shall be binding on and inure to the
benefit of the respective successors and permitted assigns of the
Parties.
9. Capacity Planning and Forecasting. Within thirty (30) days from the
Effective Date of this Agreement, the Parties agree to have met and
developed joint planning and forecasting responsibilities which are
applicable to Local Services, including Features, Network Elements,
INP, Interconnection Services, Collocation, Poles, Conduits and Rights
of Way (ROW). Such responsibilities shall include but are not limited
to the following:
(a) The Parties will establish periodic reviews of network and
technology plans and will notify one another no later than six
(6) months in advance of changes that would impact either
Party's provision of services.
(b) DTI will furnish to GTE information that provides for
state-wide annual forecasts of order activity, in-service
quantity forecasts, and facility/demand forecasts.
(c) The Parties will develop joint forecasting responsibilities
for traffic utilization over trunk groups and yearly
forecasted trunk quantities.
(d) DTI shall notify GTE promptly of changes to current forecasts
(increase or decrease) that generate a shift in the demand
curve for the following forecasting period.
10. Compliance with Laws and Regulations. Each Party shall comply with all
federal, state, and local statutes, regulations, rules, ordinances,
judicial decisions, and administrative rulings applicable to its
performance under this Agreement.
11. Confidential Information.
11.1 Identification. Either Party may disclose to the other
proprietary or confidential customer, technical, or business
information in written, graphic, oral or other tangible or
intangible forms ("Confidential Information"). In order for
information to be considered Confidential Information under
this Agreement, it must be marked "Confidential" or
"Proprietary," or bear a marking of similar import. Orally or
visually disclosed information shall be deemed Confidential
Information only if contemporaneously identified as such and
reduced to writing and delivered to the other Party with a
statement or marking of confidentiality within thirty (30)
calendar days after oral or visual disclosure.
Notwithstanding the foregoing, preorders and all orders for Services or
network elements placed by DTI pursuant to this Agreement, and
information that would constitute customer proprietary network
information of DTI end user customers pursuant to the Act and the rules
and regulations of the FCC, as well as recorded usage information with
respect to DTI end users, whether disclosed by DTI to GTE or otherwise
acquired by GTE in the course of its performance under this Agreement,
and where GTE is the NANP Number Plan Administrator, DTI information
submitted to GTE in connection with such responsibilities shall be
deemed Confidential Information of DTI for all purposes under this
Agreement whether or not specifically marked or designated as
confidential or proprietary.
11.2 Handling. In order to protect such Confidential Information from
improper disclosure, each Party agrees:
(a) That all Confidential Information shall be and shall remain
the exclusive property of the source;
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(b) To limit access to such Confidential Information to authorized
employees who have a need to know the Confidential Information
for performance of this Agreement;
(c) To keep such Confidential Information confidential and to use
the same level of care to prevent disclosure or unauthorized
use of the received Confidential Information as it exercises
in protecting its own Confidential Information of a similar
nature;
(d) Not to copy, publish, or disclose such Confidential
Information to others or authorize anyone else to copy,
publish, or disclose such Confidential Information to others
without the prior written approval of the source;
(e) To return promptly any copies of such Confidential Information
to the source at its request; and
(f) To use such Confidential Information only for purposes of
fulfilling work or services performed hereunder and for other
purposes only upon such terms as may be agreed upon between
the Parties in writing.
11.3 Exceptions. These obligations shall not apply to any
Confidential Information that was legally in the recipient's
possession prior to receipt from the source, was received in
good faith from a Third Party not subject to a confidential
obligation to the source, now is or later becomes publicly
known through no breach of confidential obligation by the
recipient, was developed by the recipient without the
developing persons having access to any of the Confidential
Information received in confidence from the source, or that is
required to be disclosed pursuant to subpoena or other process
issued by a court or administrative agency having appropriate
jurisdiction, provided, however, that the recipient shall give
prior notice to the source and shall reasonably cooperate if
the source deems it necessary to seek protective arrangements.
11.4 Survival. The obligation of confidentiality and use with
respect to Confidential Information disclosed by one Party to
the other shall survive any termination of this Agreement for
a period of three (3) years from the date of the initial
disclosure of the Confidential Information.
12. Consent. Where consent, approval, or mutual agreement is required of a
Party, it shall not be unreasonably withheld or delayed.
13. Cooperation on Fraud Minimization. DTI assumes responsibility for all
fraud associated with its end user customers and accounts. GTE shall
have no responsibility for, nor is it required to investigate or make
adjustments to DTI's account in cases of fraud. The Parties agree that
they shall cooperate with one another to resolve cases of fraud. The
Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to
the other.
14. Dispute Resolution.
14.1 Alternative to Litigation. Except as provided under Section
252 of the Act with respect to the approval of this Agreement
by the Commission, the Parties desire to resolve disputes
arising out of or relating to this Agreement without
litigation. Accordingly, except for action seeking a temporary
restraining order or an injunction related to the purposes of
this Agreement, or suit to compel compliance with this dispute
resolution process, the Parties agree to use the following
alternative dispute resolution procedures as their sole remedy
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with respect to any controversy or claim arising out of or
relating to this Agreement or its breach.
14.2 Negotiations. At the written request of a Party, each Party
will appoint a knowledgeable, responsible representative to
meet and negotiate in good faith to resolve any dispute
arising out of or relating to this Agreement. The Parties
intend that these negotiations be conducted by non-lawyer,
business representatives. The location, format, frequency,
duration, and conclusion of these discussions shall be left to
the discretion of the representatives. Upon agreement, the
representatives may utilize other alternative dispute
resolution procedures such as mediation to assist in the
negotiations. Discussions and correspondence among the
representatives for purposes of these negotiations shall be
treated as confidential information developed for purposes of
settlement, exempt from discovery, and shall not be admissible
in the arbitration described below or in any lawsuit without
the concurrence of all Parties. Documents identified in or
provided with such communications, which are not prepared for
purposes of the negotiations, are not so exempted and may, if
otherwise discoverable, be discovered or otherwise admissible,
be admitted in evidence, in the arbitration or lawsuit.
14.3 Arbitration. If the negotiations do not resolve the dispute
within sixty (60) Business Days of the initial written
request, the dispute shall be submitted to binding arbitration
by a single arbitrator pursuant to the Commercial Arbitration
Rules of the American Arbitration Association except that the
Parties may select an arbitrator outside American Arbitration
Association rules upon mutual agreement. A Party may demand
such arbitration in accordance with the procedures set out in
those rules. Discovery shall be controlled by the arbitrator
and shall be permitted to the extent set out in this section.
Each Party may submit in writing to a Party, and that Party
shall so respond to, a maximum of any combination of
thirty-five (35) (none of which may have subparts) of the
following: interrogatories, demands to produce documents, or
requests for admission. Each Party is also entitled to take
the oral deposition of one individual of another Party.
Additional discovery may be permitted upon mutual agreement of
the Parties. The arbitration hearing shall be commenced within
sixty (60) Business Days of the demand for arbitration. The
arbitration shall be held in a mutually agreeable city. The
arbitrator shall control the scheduling so as to process the
matter expeditiously. The Parties may submit written briefs.
The arbitrator shall rule on the dispute by issuing a written
opinion within thirty (30) Business Days after the close of
hearings. The times specified in this section may be extended
upon mutual agreement of the Parties or by the arbitrator upon
a showing of good cause. Judgment upon the award rendered by
the arbitrator may be entered in any court having
jurisdiction.
14.4 Expedited Arbitration Procedures. If the issue to be resolved
through the negotiations referenced in Section 14.2 directly
and materially affects service to either Party's end user
customers, then the period of resolution of the dispute
through negotiations before the dispute is to be submitted to
binding arbitration shall be five (5) Business Days. Once such
a service affecting dispute is submitted to arbitration, the
arbitration shall be conducted pursuant to the expedited
procedures rules of the Commercial Arbitration Rules of the
American Arbitration Association (i.e., rules 53 through 57).
14.5 Costs. Each Party shall bear its own costs of these
procedures. A Party seeking discovery shall reimburse the
responding Party the costs of production of documents
(including search time and reproduction costs). The Parties
shall equally split the fees of the arbitration and the
arbitrator.
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14.6 Continuous Service. The Parties shall continue providing
services to each other during the pendency of any dispute
resolution procedure, and the Parties shall continue to
perform their obligations (including making payments in
accordance with Article IV, Section 4) in accordance with this
Agreement.
15. Entire Agreement. This Agreement constitutes the entire agreement of
the Parties pertaining to the subject matter of this Agreement and
supersedes all prior agreements, negotiations, proposals, and
representations, whether written or oral, and all contemporaneous oral
agreements, negotiations, proposals, and representations concerning
such subject matter. No representations, understandings, agreements, or
warranties, expressed or implied, have been made or relied upon in the
making of this Agreement other than those specifically set forth
herein.
16. Expenses. Except as specifically set out in this Agreement, each Party
shall be solely responsible for its own expenses involved in all
activities related to the subject of this Agreement.
17. Force Majeure. In the event performance of this Agreement, or any
obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, earthquake or
likes acts of God, wars, revolution, civil commotion, explosion, acts
of public enemy, embargo, acts of the government in its sovereign
capacity, labor difficulties, including without limitation, strikes,
slowdowns, picketing, or boycotts, unavailability of equipment from
vendor, changes requested by Customer, or any other circumstances
beyond the reasonable control and without the fault or negligence of
the Party affected, the Party affected, upon giving prompt notice to
the other Party, shall be excused from such performance on a
day-to-day basis to the extent of such prevention, restriction, or
interference (and the other Party shall likewise be excused from
performance of its obligations on a day-to-day basis until the delay,
restriction or interference has ceased); provided however, that the
Party so affected shall use diligent efforts to avoid or remove such
causes of nonperformance and both Parties shall proceed whenever such
causes are removed or cease.
18. Good Faith Performance. In the performance of their obligations under
this Agreement, the Parties shall act in good faith. In situations in
which notice, consent, approval or similar action by a Party is
permitted or required by any provision of this Agreement, such action
shall not be unreasonably delayed, withheld or conditioned.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the domestic laws of the state where the Services are
provided or the facilities reside and shall be subject to the exclusive
jurisdiction of the courts therein.
20. Standard Practices. The Parties acknowledge that GTE shall be adopting
some industry standard approaches and/or establishing its own standard
approaches to various requirements hereunder applicable to DTI industry
which may be added in the Guide. DTI agrees that GTE may implement such
approaches to satisfy any GTE obligations under this Agreement. A copy
is attached hereto as Appendix ? and is incorporated by reference into
this Agreement.
21. Headings. The headings in this Agreement are inserted for convenience
and identification only and shall not be considered in the
interpretation of this Agreement.
22. Independent Contractor Relationship. The persons provided by each
Party shall be solely that Party's employees and shall be under the
sole and exclusive direction and control of that Party. They shall not
be considered employees of the other Party for any purpose. Each Party
shall remain an independent contractor with respect to the other and
shall be responsible for compliance with all laws, rules and
regulations involving, but not limited to, employment of labor,
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hours of labor, health and safety, working conditions and
payment of wages. Each Party shall also be responsible for payment of
taxes, including federal, state and municipal taxes, chargeable or
assessed with respect to its employees, such as Social Security,
unemployment, workers' compensation, disability insurance, and federal
and state withholding. Each Party shall indemnify the other for any
loss, damage, liability, claim, demand, or penalty that may be
sustained by reason of its failure to comply with this provision.
23. Law Enforcement Interface.
23.1 Except to the extent not available in connection with GTE's
operation of its own business, GTE shall provide seven day a
week/twenty-four hour a day assistance to law enforcement
persons for emergency traps, assistance involving emergency
traces and emergency information retrieval on customer invoked
CLASS services, including, without limitation, call traces
requested by DTI.
23.2 GTE agrees to work jointly with DTI in security matters to
support law enforcement agency requirements for taps, traces,
court orders, etc. Charges for providing such services for DTI
Customers will be billed to DTI.
23.3 GTE will, in non emergency situations, inform the requesting
law enforcement agencies that the end-user to be wire tapped,
traced, etc. is a DTI Customer and shall refer them to DTI.
24. Liability and Indemnity.
24.1 Indemnification. Subject to the limitations set forth in
Section 24.4 of this Article III, each Party agrees to
release, indemnify, defend, and hold harmless the other Party
from all losses, claims, demands, damages, expenses, suits, or
other actions, or any liability whatsoever, including, but not
limited to, costs and attorney's fees, whether suffered, made,
instituted, or asserted by any other party or person, for
invasion of privacy, personal injury to or death of any person
or persons, or for losses, damages, or destruction of
property, whether or not owned by others, proximately caused
by the indemnifying Party's negligence or willful misconduct,
regardless of form of action. The indemnified Party agrees to
notify the other Party promptly, in writing, of any written
claims, lawsuits, or demands for which it is claimed that the
indemnifying Party is responsible under this Section and to
cooperate in every reasonable way to facilitate defense or
settlement of claims. The indemnifying Party shall have
complete control over defense of the case and over the terms
of any proposed settlement or compromise thereof. The
indemnifying Party shall not be liable under this Section for
settlement by the indemnified Party or any claim, lawsuit, or
demand, if the indemnifying Party has not approved the
settlement in advance, unless the indemnifying Party has had
the defense of the claim, lawsuit, or demand tendered to it in
writing and has failed to assume such defense. In the event of
such failure to assume defense, the indemnifying Party shall
be liable for any reasonable settlement made by the
indemnified Party without approval of the indemnifying Party.
24.2 End User and Content-Related Claims. Each Party agrees to
release, indemnify, defend, and hold harmless the other Party,
its affiliates, and any third-party provider or operator of
facilities involved in the provision of Services, Unbundled
Network Elements or Facilities under this Agreement
(collectively, the "Indemnified Party") from all losses,
claims, demands, damages, expenses, suits, or other actions,
or any liability whatsoever, including, but not limited to,
costs and attorney's fees, suffered, made, instituted, or
asserted by either Party's end users against an Indemnified
Party arising from Services, Unbundled Network Elements or
Facilities. Each Party further agrees to release, indemnify,
defend, and hold
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harmless the Indemnified Party from all losses, claims,
demands, damages, expenses, suits, or other actions, or any
liability whatsoever, including, but not limited to, costs
and attorney's fees, suffered, made, instituted, or asserted
by any Third Party against an Indemnified Party arising from
or in any way related to actual or alleged defamation, libel,
slander, interference with or misappropriation of proprietary
or creative right, or any other injury to any person or
property arising out of content transmitted by the
Indemnified Party or such Party's end users, or any other act
or omission of the Indemnified Party or such Party's end
users.
24.3 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN
THIS AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES TO CUSTOMER CONCERNING THE SPECIFIC QUALITY OF ANY
SERVICES, UNBUNDLED NETWORK ELEMENTS OR FACILITIES PROVIDED
UNDER THIS AGREEMENT. PROVIDER DISCLAIMS, WITHOUT LIMITATION,
ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING, OR FROM USAGES OF TRADE.
24.4 Limitation of Liability. Each Party's liability, whether in
contract, tort or otherwise, shall be limited to direct
damages, which shall not exceed the monthly charges for the
Services, Unbundled Network Elements or facilities for the
month during which the claim of liability arose. Under no
circumstance shall either Party be responsible or liable for
indirect, incidental, or consequential damages, including, but
not limited to, economic loss or lost business or profits,
damages arising from the use or performance of equipment or
software, or the loss of use of software or equipment, or
accessories attached thereto, delay, error, or loss of data.
Should either Party provide advice, make recommendations, or
supply other analysis related to the Services, unbundled
network elements or facilities described in this Agreement,
this limitation of liability shall apply to provision of such
advice, recommendations, and analysis.
24.5 Intellectual Property. Neither Party shall have any obligation
to defend, indemnify or hold harmless, or acquire any license
or right for the benefit of, or owe any other obligation or
have any liability to, the other based on or arising from any
claim, demand, or proceeding by any Third Party alleging or
asserting that the use of any circuit, apparatus, or system,
or the use of any software, or the performance of any service
or method, or the provision or use of any facilities by either
Party under this Agreement constitutes direct or contributory
infringement, or misuse or misappropriation of any patent,
copyright, trademark, trade secret, or any other proprietary
or intellectual property right of any Third Party.
25. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of
which shall together constitute but one and the same document.
26. No Offer. This Agreement will be effective only upon execution and
delivery by both Parties and approval by the Commission in accordance
with Section 252 of the Act.
27. No Third Party Beneficiaries. Except as may be specifically set forth
in this Agreement, this Agreement does not provide and shall not be
construed to provide third parties with any remedy, claim, liability,
reimbursement, cause of action, or other right or privilege.
28. Notices. Any notice to a Party required or permitted under this
Agreement shall be in writing and shall be deemed to have been received
on the date of service if served personally, on the date receipt is
acknowledged in writing by the recipient if delivered by regular U.S.
mail, or on the date
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stated on the receipt if delivered by certified or registered mail or
by a courier service that obtains a written receipt. Upon prior
immediate oral agreement of the parties' designated recipients
identified below, notice may also be provided by facsimile, internet or
electronic messaging system, which shall be effective if sent before
5:00 p.m. on that day, or if sent after 5:00 p.m. it will be effective
on the next Business Day following the date sent. Any notice shall be
delivered using one of the alternatives mentioned in this section and
shall be directed to the applicable address indicated below or such
address as the Party to be notified has designated by giving notice in
compliance with this section:
If to GTE: GTE Central
Attention: State Director, External Affairs
0000 XXX Xxxxx
Xxxxxxxx "X"
Xxxxxxxxxx, Xxxxxxxx 00000
Facsimile number: (000) 000-0000
Internet Address:_________________
If to DTI: Digital Teleport, Inc.
Attention: X.X. Xxxxxx, Vice President, I.C.
Support
00000 Xxxxxxx Xxxx
Xx. Xxxxx, Xxxxxxxx 00000
Facsimile number: (000) 000-0000
Internet Address:_________________
29. Protection.
29.1 Impairment of Service. The characteristics and methods of
operation of any circuits, facilities or equipment of either
Party connected with the services, facilities or equipment of
the other Party pursuant to this Agreement shall not interfere
with or impair service over any facilities of the other Party,
its affiliated companies, or its connecting and concurring
carriers involved in its services, cause damage to their
plant, violate any applicable law or regulation regarding the
invasion of privacy of any communications carried over the
Party's facilities or create hazards to the employees of
either Party or to the public (each hereinafter referred to as
an "Impairment of Service").
29.2 Resolution. If either Party causes an Impairment in Service,
the Party whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Party causing the
Impairment of Service (the "Impairing Party") of the nature
and location of the problem and that, unless promptly
rectified, a temporary discontinuance of the use of any
circuit, facility or equipment may be required. The Impairing
Party and the Impaired Party agree to work together to attempt
to promptly resolve the Impairment of Service. If the
Impairing Party is unable to promptly remedy the Impairment of
Service, then the Impaired Party may at its option temporarily
discontinue the use of the affected circuit, facility or
equipment.
30. Publicity. Any news release, public announcement, advertising, or any
form of publicity pertaining to this Agreement, provision of Services,
Unbundled Network Elements or Facilities pursuant to it, or association
of the Parties with respect to provision of the services described in
this Agreement shall be subject to prior written approval of both GTE
and DTI.
31. Regulatory Agency Control. This Agreement shall at all times be subject
to changes, modifications, orders, and rulings by the Federal
Communications Commission and/or the applicable state utility
regulatory commission to the extent the substance of this Agreement is
or becomes subject to the jurisdiction of such agency.
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00. Changes in Legal Requirements. GTE and DTI further agree that the terms
and conditions of this Agreement were composed in order to effectuate
the legal requirements in effect at the time the Agreement was
produced. Any modifications to those requirements will be deemed to
automatically supersede any terms and conditions of this Agreement.
33. Effective Date. If this Agreement or changes or modifications thereto
are subject to approval of a regulatory agency, the "effective date" of
this Agreement for such purposes will be ten (10) Business Days after
such approval or in the event this Agreement is developed in whole or
in part through arbitration, sixty (60) Business Days after such
approval. Such date (i.e., ten (10) or, if arbitrated, sixty (60)
Business Days after the approval) shall become the "effective date" of
this Agreement for all purposes.
34. Regulatory Matters. Each Party shall be responsible for obtaining and
keeping in effect all their own FCC, state regulatory commission,
franchise authority and other regulatory approvals that may be required
in connection with the performance of its obligations under this
Agreement.
35. Rule of Construction. No rule of construction requiring interpretation
against the drafting party hereof shall apply in the interpretation of
this Agreement.
36. Section References. Except as otherwise specified, references within an
Article of this Agreement to a Section refer to Sections within that
same Article.
37. Service Standards.
37.1 The Parties shall meet applicable quality of local service
standards imposed by the Commission and will provide a level
of services to each other under this Agreement in compliance
with the nondiscrimination requirements of the Act.
37.2 GTE and DTI agree to implement the performance measures
defined in Appendix ?.
37.3 The Parties will alert each other to any network events that
can result or have resulted in service interruption, blocked
calls, and/or changes in network performance.
38. Severability. If any provision of this Agreement is held by a court or
regulatory agency of competent jurisdiction to be unenforceable, the
rest of the Agreement shall remain in full force and effect and shall
not be affected unless removal of that provision results, in the
opinion of either Party, in a material change to this Agreement. If a
material change as described in this paragraph occurs as a result of
action by a court or regulatory agency, the Parties shall negotiate in
good faith for replacement language. If replacement language cannot be
agreed upon within a reasonable period, either Party may terminate this
Agreement without penalty or liability for such termination upon
written notice to the other Party.
39. Subcontractors. Provider may enter into subcontracts with third parties
or affiliates for the performance of any of Provider's duties or
obligations under this Agreement.
40. Subsequent Law. The terms and conditions of this Agreement shall be
subject to any and all applicable laws, rules, or regulations that
subsequently may be prescribed by any federal, state or local
governmental authority. To the extent required by any such subsequently
prescribed law, rule, or regulation, the Parties agree to modify, in
writing, the affected term(s) and condition(s) of this Agreement to
bring them into compliance with such law, rule, or regulation.
41. Taxes. Any state or local excise, sales, or use taxes (excluding
any taxes levied on income) resulting from the performance of this
Agreement shall be borne by the Party upon which the
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obligation for payment is imposed under applicable law, even if the
obligation to collect and remit such taxes is placed upon the other
Party. The collecting Party shall charge and collect from the obligated
Party, and the obligated Party agrees to pay to the collecting Party,
all applicable taxes, except to the extent that the obligated Party
notifies the collecting Party and provides to the collecting Party
appropriate documentation as GTE requires that qualifies the obligated
Party for a full or partial exemption. Any such taxes shall be shown as
separate items on applicable billing documents between the Parties. The
obligated Party may contest the same in good faith, at its own expense,
and shall be entitled to the benefit of any refund or recovery,
provided that such Party shall not permit any lien to exist on any
asset of the other Party by reason of the contest. The collecting Party
shall cooperate in any such contest by the other Party. The other Party
will indemnify the collecting Party from any sales or use taxes that
may be subsequently levied on payments by the other Party by the
collecting Party.
41.1 Tax - A charge which is statutorily imposed by the state or
local jurisdiction and is either (a) imposed on the seller
with the seller having the right or responsibility to pass the
charge(s) on to the purchaser and the seller is responsible
for remitting the charge(s) to the state or local jurisdiction
or (b) imposed on the purchaser with the seller having an
obligation to collect the charge(s) from the purchaser and
remit the charge(s) to the state or local jurisdiction.
Taxes shall include but not be limited to: federal excise tax,
state/local sales and use tax, state/local utility user tax,
state/local telecommunication excise tax, state/local gross receipts
tax, and local school taxes. Taxes shall not include income,
income-like, gross receipts on the revenue of a provider, or property
taxes. Taxes shall not include payroll withholding taxes unless
specifically required by statute or ordinance.
41.2 Fees/Regulatory Surcharges - A charge imposed by a regulatory
authority, other agency, or resulting from a contractual
obligation, in which the seller is responsible or required to
collect the fee/surcharge from the purchaser and the seller is
responsible for remitting the charge to the regulatory
authority, other agency, or contracting party.
Fees/Regulatory Surcharges shall include but not be limited to
E911/911, E311/311, franchise fees, Lifeline, hearing impaired, and
Commission surcharges.
42. Trademarks and Trade Names. Except as specifically set out in this
Agreement, nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service marks, or
trade names of the other for any purpose whatsoever.
43. Waiver. The failure of either Party to insist upon the performance of
any provision of this Agreement, or to exercise any right or privilege
granted to it under this Agreement, shall not be construed as a waiver
of such provision or any provisions of this Agreement, and the same
shall continue in full force and effect.
44. Environmental Responsibility.
44.1 GTE and DTI agree to comply with applicable federal, state and
local environmental and safety laws and regulations including
U.S. Environmental Protection Agency (EPA) regulations issued
under the Clean Air Act, Clean Water Act, Resource
Conservation and Recovery Act, Comprehensive Environmental
Response, Compensation and Liability Act, Superfund Amendments
and Reauthorization Act and the Toxic Substances Control Act
and OSHA regulations issued under the Occupational Safety and
Health Act of 1970. Each Party has the responsibility to
notify the other if Compliance inspections occur and/or
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citations are issued that impact any aspect of this Agreement
such as occurring on a LEC Facility or involving DTI potential
employee exposure.
44.2 GTE and DTI shall provide notice of known and recognized
physical hazards or hazardous chemicals that must include
providing Material Safety Data Sheets (MSDSs) for materials
existing on site or brought on site to the Facility. Each
Party is required to provide specific notice for potential
imminent danger conditions which could include, but is not
limited to, a defective utility pole or significant petroleum
contamination in a manhole.
44.3 GTE will make available additional environmental control or
safety procedures for DTI to review and follow when working at
a GTE Facility. Providing these procedures, beyond government
regulatory Compliance requirements, is the decision of GTE.
These practices/procedures will represent the regular work
practices required to be followed by the employees and
contractors of GTE for safety and environmental protection.
44.4 Any materials brought, used or remaining at the Facility by
DTI are owned by DTI. DTI will indemnify GTE for these
materials. No substantial new safety or environmental hazards
can be created or new hazardous materials can be used at a GTE
Facility. DTI must demonstrate adequate emergency response
capabilities for its materials used or remaining at the GTE
Facility.
44.5 When Third Party contamination is discovered at a GTE
Facility, the Party uncovering the condition must notify the
proper safety or environmental authority, if required under
applicable laws or regulations. DTI must also notify GTE of
Third Party contamination it discovers at GTE facilities. The
cost xxxxxx (requiring access) will become the generator, as
owner or operator, of any waste materials such as petroleum
contaminated water, sewage or manhole sediment.
Notwithstanding Section 24 and Section 44.9 of this Article
III, the cost xxxxxx (requiring access) shall indemnify the
other Party hereunder.
44.6 DTI should obtain and use its own environmental permits, if
necessary. If GTE's permit or EPA identification number must
be used, DTI must comply with all of GTE's environmental
processes including environmental "best management practices
(BMP)" and/or selection of disposition vendors and disposal
sites.
44.7 DTI visitors must comply with GTE security, fire safety,
safety, environmental and building practices/codes including
equivalent employee training when working in GTE facilities.
44.8 GTE and DTI shall coordinate plans or information required to
be submitted to government agencies, such as emergency
response plans and community reporting. If fees are associated
with filing, GTE and DTI must develop a cost sharing
procedure.
44.9 Notwithstanding Section 23, with respect to environmental
responsibility under this Section 44, GTE and DTI shall
indemnify, defend and hold harmless the other party from and
against any claims (including, without limitation, Third Party
claims for personal injury or real or personal property
damage), judgments, damages (including direct and indirect
damage, and punitive damages), penalties, fines, forfeitures,
cost, liabilities, interest and losses proximately caused by
the indemnifying Party's negligent or willful misconduct
regardless of form, or in connection with the violation or
alleged violation of any applicable requirement with respect
to the presence or alleged presence of contamination arising
out of the indemnifying party's acts or omissions concerning
its operations at the Facility.
44.10 Activities impacting safety or the environment of a Right of
Way must be harmonized with the specific agreement and the
relationship between GTE and the private land
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owner. This could include limitations on equipment access due
to environmental conditions (e.g., wetland area with equipment
restrictions).
45. TBD Prices. Numerous provisions in this Agreement and its
Attachments refer to pricing principles. If a provision
references prices in an Attachment and there are no corresponding
prices in such Attachment, such price shall be considered "To Be
Determined" (TBD). With respect to all TBD prices, prior to DTI
ordering any such TBD item, the Parties shall meet and confer to
establish a price. If the Parties are unable to reach agreement on a
price for such item, an interim price shall be set for such item that
is equal to the price for the nearest analogous item for which a price
has been established (for example, if there is not an established price
for a nonrecurring charge (NRC) for a specific network element, the
Parties would use the NRC for the most analogous retail service for
which there is an established price). Any interim prices so set shall
be subject to modification by any subsequent decision of the
Commission. If an interim price is different from the rate subsequently
established by the Commission, any underpayment shall be paid by DTI to
GTE, and any overpayment shall be refunded by GTE to DTI, within 45
Business Days after the establishment of the price by the Commission.
46. Amendment of Certain Rates, Terms and Conditions. The Parties agree as
follows with respect to modification of the rates, terms and conditions
initially provided for herein:
The rates, terms and conditions that are specified in Appendix 00X (xxx
"XXX Xxxxx") may be replaced by the rates, terms and conditions from
the GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the
"OtherCLEC Agreement"), respectively, that are specified in Appendix
45B (the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes
effective after approval by order of the Commission in Case No. . The
rates, terms and conditions that are specified in Appendix 45B (the
OtherCLEC Terms) shall not take effect for purposes of this Agreement
until thirty (30) days following GTE's receipt of written notice of
DTI's election to replace the specified GTE Terms with the specified
OtherCLEC Terms, which notice may be given no earlier than the date the
OtherCLEC Agreement is approved by the Commission and effective. GTE
and DTI agree that if the OtherCLEC Terms are deemed to be unlawful, or
are stayed, enjoined or otherwise modified, in whole or in part, by a
court or commission of competent jurisdiction, then this Agreement
shall be deemed to have been amended accordingly, by modification of
the OtherCLEC Terms or, as appropriate, the substitution of GTE Terms
for all stayed or enjoined OtherCLEC Terms, and such amendment shall be
effective retroactive to the Effective Date of the OtherCLEC Terms.
GTE and DTI further agree that the terms and conditions of this
Agreement reflect certain requirements of the FCC's First Report and
Order in CC Docket No. 96-98. The terms and conditions of this
Agreement shall be subject to any and all actions by any court or other
governmental authority that invalidate, stay, vacate or otherwise
modify the FCC's First Report and Order, in whole or in part
("subsequent action"). To the extent warranted by any such subsequent
action, the Parties agree that this Agreement shall be deemed to have
been modified accordingly as in the first paragraph of this Section 45.
The Parties agree to immediately apply any effected terms and
conditions, including any in other sections and articles of this
Agreement consistent with such subsequent action, and within a
reasonable time incorporate such modified terms and conditions in
writing into this Agreement. If the OtherCLEC Terms are affected by
such subsequent action and GTE determines they cannot be consistently
applied therewith, the GTE Terms shall apply. DTI acknowledges that GTE
may seek to enforce such subsequent action before a commission or court
of competent jurisdiction. GTE does not waive any position regarding
the illegality or inappropriateness of the FCC's First Report and
Order.
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The rates, terms and conditions (including rates which may be
applicable under true-up) specified in both the GTE Terms and the
OtherCLEC Terms are further subject to amendment, retroactive to the
Effective Date of the Agreement, to provide for charges or rate
adjustments resulting from future Commission or other proceedings,
including but not limited to any generic proceeding to determine GTE's
unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's
end user surcharge)), the establishment of a competitively neutral
universal service system, or any appeal or other litigation.
If the Commission (or any other commission or federal or state court)
in reviewing this Agreement pursuant to applicable state or federal
laws, including Section 252(e) of the Telecommunications Act of 1996,
deletes or modifies in any way this Section 46, then the Parties agree
that they will reopen negotiations within ten (10) days after receipt
of the final decision making such deletion or modification in order to
attempt to craft the new provision that will provide substantially the
same protections to GTE and DTI as this Section 46. If the Parties
cannot reach agreement on such a provision within twenty (20) calendar
days thereafter, the Parties agree that this entire Agreement is void
and will not become effective, and DTI agrees to withdraw this
Agreement from consideration by the Commission (or any other commission
or federal or state court). In such event, each Party shall have 25
days following the close of the 20-day negotiation period within which
to file a petition for arbitration before the Commission under Section
252(e) of the Telecommunications Act of 1996 of the issues that remain
in dispute under this paragraph.
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ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS
1. General. General regulations, terms and conditions governing rate
applications, technical parameters, service availability, definitions
and feature interactions, as described in the appropriate GTE
intrastate local, toll and access tariffs, apply to retail services
made available by GTE to DTI for resale and unbundled network elements
provided by GTE to DTI, when appropriate, unless otherwise specified in
this Agreement. As applied to services or network elements offered
under this Agreement, the term "Customer" contained in the GTE Retail
Tariff shall be deemed to mean "DTI" as defined in this Agreement.
2. Liability of GTE.
2.1 Inapplicability of Tariff Liability. GTE's general liability,
as described in the GTE Retail Tariff, does not extend to
DTI's customers or any other Third Party. Liability of GTE to
DTI resulting from any and all causes arising out of services,
facilities, network elements or any other items relating to
this Agreement shall be governed by the liability provisions
contained in this Agreement and no other liability whatsoever
shall attach to GTE. GTE shall be liable for the individual
services, facilities or elements that it separately provides
to DTI and shall not be liable for the integration of
components combined by DTI.
2.2 DTI Tariffs or Contracts. DTI shall, in its tariffs or other
contracts for services provided to its end users using
services, facilities or network elements obtained from GTE,
provide that in no case shall GTE be liable to DTI's end users
or any third parties for any indirect, special or
consequential damages, including, but not limited to, economic
loss or lost business or profits, whether foreseeable or not,
and regardless of notification by DTI of the possibility of
such damages and DTI shall indemnify and hold GTE harmless
from any and all claims, demands, causes of action and
liabilities based on any reason whatsoever from its customers
as provided in this Agreement. Nothing in this Agreement shall
be deemed to create a third party beneficiary relationship
with DTI's end users.
2.3 No Liability for Errors. GTE is not liable for mistakes that
appear in GTE's listings, 911 and other information databases,
or for incorrect referrals of end users to DTI for any ongoing
DTI service, sales or repair inquiries, and with respect to
such mistakes or incorrect referrals, DTI shall indemnify and
hold GTE harmless from any and all claims, demands, causes of
action and liabilities whatsoever, including costs, expenses
and reasonable attorney's fees incurred on account thereof, by
third parties, including DTI's end users or employees. For
purposes of this Section 2.3, mistakes and incorrect referrals
shall not include matters arising out of the willful
misconduct of GTE or its employees or agents.
3. Unauthorized Changes.
3.1 Procedures. If DTI submits an order for resold services or
unbundled elements under this Agreement in order to provide
service to an end user that at the time the order is submitted
is obtaining its local services from GTE or another LEC using
GTE resold services or unbundled elements, and the end user
notifies GTE that the end user did not authorize DTI to
provide local exchange services to the end user, DTI must
provide GTE with written documentation of authorization from
that end user within thirty (30) Business Days of notification
by GTE. If DTI cannot provide written documentation of
authorization within such time frame, DTI must within three
(3) Business Days thereafter:
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(a) notify GTE to change the end user back to the LEC providing
service to the end user before the change to DTI was made; and
(b) provide any end user information and billing records DTI has
obtained relating to the end user to the LEC previously
serving the end user; and
(c) notify the end user and GTE that the change back to the
previous LEC has been made.
Furthermore, GTE will xxxx DTI fifty dollars ($50.00) per affected line
to compensate GTE for switching the end user back to the original LEC.
3.2 Option to Restrict Chances Without Evidence of Authorization.
DTI's or GTE's end users may request GTE to permit changes of
their provider of local exchange services only upon end user
written notification to GTE that the end user wishes to change
the end user's provider of local exchange services. In such a
situation, GTE will not change an end user's provider of local
exchange services without such written notification.
4. Impact of Payment of Charges on Service. DTI is solely responsible for
the payment of all charges for all services, facilities and elements
furnished under this Agreement, including, but not limited to, calls
originated or accepted at its or its end users' service locations. If
DTI fails to pay when due any and all charges billed to DTI under this
Agreement, including any late payment charges (collectively, "Unpaid
Charges"), and any or all such charges remain unpaid more than
forty-five (45) Business Days after the due date of such Unpaid Charges
excepting previously disputed charges for which DTI may withhold
payment, GTE shall notify DTI in writing that it must pay all Unpaid
Charges to GTE within seven (7) Business Days. If DTI disputes the
billed charges, it shall, within said seven (7) day period, inform GTE
in writing of which portion of the Unpaid Charges it disputes,
including the specific details and reasons for the dispute, unless such
reasons have been previously provided, and shall immediately pay to GTE
all undisputed charges. If DTI and GTE are unable, within thirty (30)
Business Days thereafter, to resolve issues related to the disputed
charges, then either DTI or GTE may file a request for arbitration
under Article III of this Agreement to resolve those issues. Upon
resolution of any dispute hereunder, if DTI owes payment it shall make
such payment to GTE with any late payment charge under Article III,
Section 7.2, from the original payment due date. If DTI owes no
payment, but has previously paid GTE such disputed payment, then GTE
shall credit such payment including any late payment charges. If DTI
fails to pay any undisputed Unpaid Charges, DTI shall, at its sole
expense, within five (5) Business Days notify its end users that their
service may be disconnected for DTI's failure to pay Unpaid Charges,
and that its end users must select a new provider of local exchange
services. If DTI fails to provide such notification or any of DTI's end
users fail to select a new provider of services within the applicable
time period, GTE will provide local exchange services to DTI's end
users under GTE's applicable end user tariff at the then current
charges for the services being provided. In this circumstance,
otherwise applicable service establishment charges will not apply to
DTI's end user, but will be assessed to DTI. GTE may discontinue
service to DTI upon failure to pay undisputed charges as provided in
this Section 4, and shall have no liability to DTI or DTI's end users
in the event of such disconnection.
5. Unlawful Use of Service. Services, facilities or unbundled elements
provided by GTE pursuant to this Agreement shall not be used by DTI or
its end users for any purpose in violation of law. DTI, and not GTE,
shall be responsible to ensure that DTI and its end users use of
services, facilities or unbundled elements provided hereunder comply at
all times with all applicable laws. GTE may refuse to furnish service
to DTI or disconnect particular services, facilities or unbundled
elements provided under this Agreement to DTI or, as appropriate, DTI's
end user when (i) an order is issued by a court of competent
jurisdiction finding that probable cause exists to believe that the use
made or to be made of the service, facilities or unbundled elements is
prohibited by
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law or (ii) GTE is notified in writing by a law enforcement agency
acting within its jurisdiction that any facility furnished by GTE is
being used or will be used for the purpose of transmitting or receiving
gambling information in interstate or foreign commerce in violation of
law. Termination of service shall take place after reasonable notice is
provided to DTI, or as ordered by the court. If facilities have been
physically disconnected by law enforcement officials at the premises
where located, and if there is not presented to GTE the written finding
of a court, then upon request of DTI and agreement to pay restoral of
service charges and other applicable service charges, GTE shall
promptly restore such service.
6. Timing of Messages. With respect to GTE resold measured rate local
service(s), chargeable time begins when a connection is established
between the calling station and the called station. Chargeable time
ends when the calling station "hangs up," thereby releasing the network
connection. If the called station "hangs up" but the calling station
does not, chargeable time ends when the network connection is released
by automatic timing equipment in the network. Timing of messages
applicable to GTE's Port and Local Switching element (usage sensitive
services) will be recorded based on originating and terminating access.
7. Procedures For Preordering, Ordering, Provisioning, Etc. Certain
procedures for preordering, ordering, provisioning, maintenance and
billing and electronic interfaces for many of these functions are
described in Appendix I. All costs and expenses for any new or modified
electronic interfaces DTI requires that GTE determines are technically
feasible and GTE agrees to develop will be paid by DTI pursuant to
Appendix I. The schedule for implementation of any new or modified
electronic interfaces will be developed by GTE according to industry
standards and will be based upon the amount of work needed to design,
test and implement the new or modified interface.
8. Customer Contacts. Except as otherwise provided in this Agreement or as
agreed to in a separate writing by DTI, DTI shall provide the exclusive
interface with DTI's end user customers in connection with the
marketing or offering of DTI services. Except as otherwise provided in
this Agreement, in those instances in which GTE personnel are required
pursuant to this Agreement to interface directly with DTI's end users,
such personnel shall not identify themselves as representing GTE. All
forms, business cards or other business materials furnished by GTE to
DTI end users shall bear no corporate name, logo, trademark or trade
name other than DTI's. In no event shall GTE personnel acting on behalf
of DTI pursuant to this Agreement provide information to DTI end users
about GTE products or services.
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ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
1. Services Covered by This Article.
1.1 Types of Services. This Article governs the provision of
internetwork facilities (i.e., physical interconnection
services and facilities), meet point billing by GTE to DTI or
by DTI to GTE and the transport and termination and billing of
Local, IntraLATA Toll, optional EAS traffic and jointly
provided Interexchange Carrier Access between GTE and DTI. The
services and facilities described in this Article shall be
referred to in this Article V as the "Services."
1.2 Service Locations for Interconnection Services and Facilities.
Appendix B, Service Matrix, attached to this Agreement and
made a part hereof, sets forth the Services and each location
in the State where a Service shall be provided (the "Service
Locations") and the Interconnection Point ("IP") for such
Services.
1.3 Additional Services or Service Locations. If, during the term
of this Agreement, the parties determine that additional
services are needed in the State, or existing Services will be
offered in new locations in the State, the Parties shall
execute an amendment to this Agreement substantially in the
form of Appendix C attached to this Agreement and made a part
hereof, incorporating the additional locations and/or any
additional terms necessary for the additional services. Upon
the effective date of the amendment, and continuing through
the remaining term of this Agreement, the new services shall
be deemed part of the Services provided pursuant to this
Article and/or the new locations shall be deemed part of the
Service Locations.
2. Billing and Rates.
2.1 Rates and Charges. Customer agrees to pay to Provider the
rates and charges for the Services set forth in the applicable
appendices to this Agreement. GTE's rates and charges are set
forth in Appendix D attached to this Agreement and made a part
hereof. DTI's separate rates and charges are also set forth in
Appendix D attached hereto and made a part hereof.
2.2 Billing. Provider shall render to Customer a xxxx for
interconnection services on a current basis. Charges for
physical facilities and other nonusage sensitive charges shall
be billed in advance, except for charges and credits
associated with the initial or final bills. Usage sensitive
charges, such as charges for termination of Local Traffic,
shall be billed in arrears. DTI is required to order trunks
pursuant to Section 4.3.3 of this Article. Charges for traffic
that has been routed over a jurisdictionally inappropriate
trunk group (e.g., local traffic carried over trunks used for
Switched Access Traffic) may be adjusted to reflect the
appropriate compensation arrangement and may be handled as a
post-billing adjustment to bills rendered. Additional matters
relating to billing are included in Appendix I attached to
this Agreement and made a part hereof.
3. Transport and Termination of Traffic.
3.1 Traffic to be Exchanged. The Parties shall reciprocally
terminate Local, IntraLATA Toll, optional EAS and jointly
provided Interexchange Carrier Traffic originating on each
other's networks utilizing either Direct or Indirect Network
Interconnections as provided in Section 4 or Section 5 herein.
To this end, the Parties agree that there will be
interoperability between their networks. The Parties agree to
exchange traffic associated with Third-Party
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LECs, CLECs and Wireless Service Providers pursuant to the
compensation arrangement specified in Section 3.3 herein. Only
traffic originated by or terminating to the Parties' end user
customers is to be exchanged. In addition, the Parties will
notify each other of any anticipated change in traffic to be
exchanged (e.g., traffic type, volume).
3.2 Compensation For Exchange Of Traffic.
3.2.1 Mutual Compensation. The Parties shall compensate
each other for the exchange of Local Traffic in
accordance with Section 3.2.2 of this Article. The
Parties will develop an initial factor representative
of the share of traffic exempt from local
compensation. This factor will be updated quarterly
in like manner or as the Parties otherwise agree.
Once the traffic that is exempt from local
compensation can be measured, the actual exempt
traffic will be used rather than the above factor.
Charges for the transport and termination of
intraLATA toll and interexchange traffic shall be in
accordance with the Parties' respective intrastate or
interstate access tariffs, as appropriate
3.2.2 Xxxx-and-Keep. The Parties shall assume that Local
Traffic is roughly balanced between the parties
unless traffic studies indicate otherwise.
Accordingly, the Parties agree to use a
Xxxx-and-Keep Arrangement with respect to
termination of Local Traffic only. Either Party may
request that a traffic study be performed no more
frequently than once a quarter. Should such
traffic study indicate, in the aggregate, that
either Party is terminating more than 60 percent of
the Parties' total terminated minutes for Local
Traffic, either Party may notify the other that
mutual compensation will commence pursuant to the
rates set forth in Appendix D of this Agreement and
following such notice it shall begin and continue
for the duration of the Term of this Agreement
unless otherwise agreed. To account for ISP traffic,
the Parties will negotiate an initial factor(s)
representative of the proportionate share of traffic
exempt from local compensation. This factor will be
updated quarterly in a like manner or as the Parties
otherwise agree. Once the traffic that is exempt
from local compensation can be measured, the actual
exempt traffic will be used rather than the above
factor. Nothing in this Section 3.2.2 shall be
interpreted to (i) change compensation set forth in
this Agreement for traffic or services other than
Local Traffic, including but not limited to
internetwork facilities, access traffic or wireless
traffic, or (ii) allow either Party to aggregate
traffic other than Local Traffic for the purpose of
compensation under the Xxxx-and-Keep Arrangement
described in this Section 3.2.2, except as set forth
in Section 3.1 above.
3.2.3 Sharing of Access Charges on Calls to Ported Numbers.
Until permanent number portability is implemented,
the Parties agree that switched access termination to
a ported number will be billed by the party providing
interim number portability and that the party billing
the switched access will share the switched access
revenue with the other party. After permanent number
portability is implemented, the Parties agree to
renegotiate sharing of access charges to ported
numbers in accordance with permanent number
portability requirements. In lieu of actual
measurements of minutes and/exchange of billing
records for this traffic the Parties agree that the
Party providing the ported number will pay the other
Party the rate per line/per month as specified in
Appendix E.
(a) The number of lines/talk paths per ported
number that are subject to compensation will
be determined at the time the end user
customer's local service is changed from one
party to the other. The number of lines per
number eligible for the shared revenue
arrangement described
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in this section will be limited to the
number of lines in service on the date of
conversion plus a 10% growth margin. After
conversion the number of lines per number
available for compensation can only be
increased by mutual consent of the parties.
(b) The Parties agree that the compensation rate
in paragraph 3.3.3 may change as a result of
changes in access rates, traffic volume or
for other reasons and agree to renegotiate
the rate if a significant event occurs. At a
minimum, the parties agree to reevaluate the
rate on an annual basis.
(c) The Parties agree that terminating switched
access calls ported via interim number
portability may appear to the receiving
party to be a local call and that the
implementation of reciprocal compensation
for terminating local calls may result in
overcompensation for ported switched access
calls. Therefore, the Parties agree to
renegotiate the terminating shared access
compensation rate if reciprocal compensation
for local calls is implemented.
3.3 Tandem Switching Traffic. The Parties will provide tandem
switching for traffic between the Parties' end offices
subtending each other's access tandem, as well as for traffic
between either Party's end users and any Third Party which is
interconnected to the other Party's access tandems as follows:
3.3.1 The originating Party will compensate the tandem
Party for each minute of originated tandem switched
traffic which terminates to Third Party (e.g., other
CLEC, ILEC, or wireless service provider). The
applicable rate for this charge is identified in
Appendix D.
3.3.2 The originating Party also assumes responsibility for
compensation to the company which terminates the
call.
3.4 Inter-Tandem Switching. The Parties will only use inter-tandem
switching for the transport and termination of local/EAS or
intraLATA toll traffic originating on each other's network at
and after such time as either (I) DTI has agreed to and fully
implemented an existing intraLATA toll compensation mechanism
such as IntraLATA Terminating Access Compensation (ITAC) or a
functional equivalent thereof or (ii) generally accepted
industry signaling standards and AMA record standards support
the recognition of multiple tandem switching events.
4. Direct Network Interconnection.
4.1 Network Interconnection Architecture. DTI may interconnect
with GTE at any of the minimum technically feasible points
required by the FCC. Interconnection at additional points will
be reviewed on an individual case basis. Where the Parties
mutually agree following a Bona Fide Request to directly
interconnect their respective networks, interconnection will
be as specified in the following subsections. The "IPs" shall
be set forth in Appendix B attached to this Agreement and made
a part hereof. Based on the configuration, the installation
timeline will vary considerably, however, GTE will work with
DTI in all circumstances to install "IPs" within 120 calendar
days absent extenuating circumstances. Internetwork connection
and protocol must be based on industry standards developed
consistent with Section 256 of the Telecommunications Act of
1996.
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4.1.1 Subject to mutual agreement, the Parties may use the
following types of network facility interconnection,
using such interface media as are (I) appropriate to
support the type of interconnection requested and
(ii) available at the facility at which
interconnection is requested. For each "IP" set forth
in Appendix B, the Parties shall specify the type of
interconnection used at that "IP."
(a) A Mid-Span Fiber Meet within an existing GTE
exchange area whereby the Parties mutually
agree to jointly plan and engineer their
facility "IP" at a designated manhole or
junction location. The "IP" is the
demarcation between ownership of the fiber
transmission facility. Each party is
individually responsible for its incurred
costs in establishing this arrangement.
(b) A Virtual or Physical EIS arrangement at a
GTE wire center subject to the rates, terms,
and conditions contained in GTE's applicable
tariffs.
(c) A Special Access arrangement and/or Switched
Transport terminating at a GTE wire center
subject to the rates, terms, and conditions
contained in GTE's applicable tariffs. These
facilities will meet the standards set forth
in such tariffs.
4.1.2 Virtual and Physical EIS arrangements are governed by
appropriate GTE tariffs, except as provided in
Article IX, Section 1.3.
4.1.3 The Parties will mutually designate at least one POI
on GTE's network within each GTE local calling area
for the routing of Local Traffic. Recording and
billing of traffic routed over these facilities shall
be as provided in Section 3.4 of this Article.
4.2 Compensation. The Parties agree to the following compensation
for internetwork facilities, depending on facility type.
4.2.1 Mid-Span Fiber Meet: GTE will charge special access
(flat rated) transport from the applicable intrastate
access tariff and will rate charges between the "IP"
and GTE's interconnection switch. Charges will be
reduced to reflect the proportionate share of the
facility that is used for transport of traffic
originated by GTE. DTI will charge flat rated
transport to GTE for DTI facilities used by GTE at
their tariffed rates or as mutually agreed, not to
exceed GTE rates. DTI will apply charges based on the
lesser of; (i) the airline mileage from the "IP" to
the DTI switch; or (ii) the airline mileage from the
GTE switch to the serving area boundary.
4.2.2 Collocation: GTE will charge Virtual or Physical EIS
rates from the applicable GTE tariff. DTI will charge
GTE flat rated transport at their tariffed rates or
as mutually agreed, not to exceed GTE rates, to
reflect the proportionate share of the facility that
is used for transport of traffic originated by GTE.
DTI will apply charges based on the lesser of; (I)
the airline mileage from the "IP" to the DTI switch;
or (ii) two (2) times the airline mileage from the
GTE switch to the serving area boundary.
4.2.3 Special Access and/or Switched Access: GTE will
charge special access and/or switched access rates
from the applicable GTE intrastate access tariff.
Charges will be reduced to reflect the proportionate
share of the facility that is used for transport of
traffic originated by GTE. The Parties will negotiate
an initial factor representative of the proportionate
share of the facilities. This factor will be updated
quarterly in like manner or as the Parties otherwise
agree.
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4.3 Trunking Requirements.
4.3.1 The Parties agree to establish trunk groups of
sufficient capacity from the interconnecting
facilities such that trunking is available to any
switching center designated by either Party,
including end offices, tandems, 911 routing switches,
and directory assistance/operator service switches.
The Parties will mutually agree where one-way or
two-way trunking will be available. The Parties may
use two-way trunks for delivery of local traffic or
either Party may elect to provision its own one-way
trunks for delivery of local traffic to the other
Party. If a Party elects to provision its own one-way
trunks, that Party will be responsible for its own
expenses associated with the trunks.
4.3.2 DTI shall make available to GTE trunks over which GTE
shall terminate to end users of DTI-provided Exchange
Services, Local Traffic and intraLATA toll or
optional EAS traffic originated from end users of
GTE-provided Exchange Service.
4.3.3 DTI and GTE shall, where applicable, make
reciprocally available, by mutual agreement, the
required trunk groups to handle different traffic
types. DTI and GTE will support the provisioning of
trunk groups that carry combined or separate Local
Traffic and intraLATA toll and optional EAS traffic.
GTE requires separate trunk groups from DTI to
originate and terminate interLATA calls and to
provide Switched Access Service to IXCs. To the
extent DTI desires to have any Interexchange Carriers
(IC) originate or terminate traffic to DTI, DTI will
arrange for such IC to issue an ASR to GTE
instructing GTE to route such traffic over the
appropriate IC trunk group. Until GTE receives and
processes such ASR, the traffic will not be routed.
4.3.3.1 Each Party agrees to route traffic only
over the proper jurisdictional trunk
group.
4.3.3.2 Each Party shall only deliver traffic over
the local interconnection trunk groups to
the other Party's access tandem for those
publicly-dialable NXX Codes served by end
offices that directly subtend the access
tandem or to those wireless service
providers that directly subtend the access
tandem.
4.3.3.3 Neither party shall route Switched Access
Service traffic over local interconnection
trunks, or local traffic over Switched
Access Service trunks.
4.3.4 DTI and GTE will reciprocally provide Percent Local
Usage (PLU) factors to each other on a quarterly
basis to identify the proper jurisdiction of each
call type that is carried over the required trunks.
4.3.5 Reciprocal traffic exchange arrangement trunk
connections shall be made at a DS-1 or multiple XX-0
xxxxx, XX-0, (SONET where technically available) and
shall be jointly-engineered to an objective P.01
grade of service.
4.3.6 DTI and GTE agree to use diligent efforts to develop
and agree on a Joint Interconnection Grooming Plan
prescribing standards to ensure that the reciprocal
traffic exchange arrangement trunk groups are
maintained at consistent P.01 or better grades of
service. Such plan shall also include mutually-agreed
upon default standards for the configuration of all
segregated trunk groups.
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4.3.7 Signaling System 7 (SS7) Common Channel Signaling
will be used to the extent that such technology is
available.
4.3.8 The Parties agree to offer and provide to each other
B8ZS Extended Superframe Format ("ESF") facilities,
where available, capable of voice and data traffic
transmission.
4.3.9 The Parties will support intercompany 64kbps clear
channel where available.
4.4 Network Redesigns Initiated by GTE. GTE will not charge DTI
when GTE initiates its own network redesigns/reconfigurations.
4.5 Interconnection Calling and Called Scopes for the Access
Tandem Interconnection and the End Office Interconnection.
4.5.1 GTE Access Tandem Interconnection calling scope
(originating and terminating) is to those GTE end
offices which subtend the GTE access tandem to which
the connection is made except as provided for in
Section 3.3 of this Article V.
4.5.2 GTE End Office Interconnection calling scope
(originating and terminating) is only to the end
office to which the connection is made.
5. Indirect Network Interconnection. Nether Party shall deliver traffic
destined to terminate at the other Party's end office via another LEC's
end office. In addition, neither Party shall deliver traffic destined
to terminate at an end office subtending the other Party's access
tandem via another LEC's access tandem until such time as compensation
arrangements have been established in accordance with this Article V,
Sections 3.1 and 3.4.
6. Number Resources.
6.1 Number Assignment. Nothing in this Agreement shall be
construed to, in any manner, limit or otherwise adversely
impact DTI's right to employ or to request and be assigned any
NANP number resources including, but not limited to, Central
Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines. Any request for numbering resources by
DTI shall be made directly to the NANP Number Plan
Administrator. Except with respect to those areas in which GTE
is the NANP Number Plan Administrator, GTE shall not be
responsible for the requesting or assignment of number
resources to DTI. The Parties agree that disputes arising from
numbering assignment shall be arbitrated by the NANP Number
Plan Administrator. DTI shall not request number resources to
be assigned to any GTE switching entity.
6.1.1 Each Party shall be responsible for notifying its
customers of any changes in numbering or dialing
arrangements to include changes such as the
introduction of new NPAs or new NXX codes. Each Party
is responsible for administering NXX codes assigned
to it.
6.2 Rate Centers. For purposes of compensation between the Parties
and the ability of GTE to appropriately apply its toll tariff
to its end user customers, DTI shall adopt the Rate Center
areas and Rate Center points that the Commission has approved
for the incumbent LEC and shall assign whole NPA-NXX codes to
each Rate Center.
6.3 Routing Points. DTI will also designate a Routing Point for
each assigned NXX code. DTI may designate one location within
each Rate Center as a Routing Point for the NPA-NXX associated
with that Rate Center; alternatively DTI may designate a
single location within
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one Rate Center to serve as the Routing Point for all the
NPA-NXXs associated with that Rate Center and with one or more
other Rate Centers served by DTI within an existing GTE
exchange area and LATA.
6.4 Code and Numbers Administration. The Parties will comply with
code administration requirements as prescribed by the FCC, the
Commission, and accepted industry guidelines. Where GTE is the
NANP Number Plan Administrator, GTE will administer number
resources, and charge for such administration in accord with
applicable rules and regulations. GTE will administer
numbering resources in a competitively neutral manner, and
process requests for NXX codes in a timely manner and in
accord with industry standards. The Parties shall protect DTI
proprietary information that may be submitted to GTE in
connection with GTE's responsibilities as NANP Number Plan
Administrator in accordance with Article III, Section 11 of
this Agreement.
6.5 Programming Switches. It shall be the responsibility of each Party to
program and update its own switches and network systems pursuant to the
Local Exchange Routing Guide ("LERG") guidelines to recognize and route
traffic to the other Party's assigned NXX codes at all times. Neither
Party shall impose any fees or charges whatsoever on the other Party
for such activities.
7. Interim Number Portability (INP). Each Party shall provide the other
Party with INP for the purpose of allowing end user customers to change
service-providing Parties without changing their telephone number. GTE
shall provide its INP to DTI using remote call forwarding ("RCF"). The
GTE rates for INP service using RCF are set out in Appendix E attached
to this Agreement and made a part hereof. If DTI wishes to use Direct
Inward Dialing ("DID") to provide INP to its end users, DTI may
purchase DID service from GTE at the rate specified in the appropriate
GTE tariff. DTI shall provide INP to GTE at the rates specified for DTI
in Appendix E.
8. Meet-Point Billing.
8.1 Meet-Point Arrangements.
8.1.1 The Parties may mutually establish Meet-Point Billing ("MPB")
arrangements in order to provide Switched Access Services to
Access Service customers via a GTE access tandem in accordance
with the MPB guidelines adopted by and contained in the
Ordering and Billing Forum's MECAB and MECOD documents, except
as modified herein and as described in Section 3.2.3 for
Interim Portability.
8.1.2 Except in instances of capacity limitations, GTE shall permit
and enable DTI to sub-tend the GTE access tandem(s) nearest to
the DTI Rating Point(s) associated with the NPA-NXX(s) to/from
which the Switched Access Services are homed. In instances of
capacity limitation at a given access tandem, DTI shall be
allowed to subtend the next-nearest GTE access tandem in which
sufficient capacity is available.
8.1.3 Interconnection for the MPB arrangement shall occur at the
"IP".
8.1.4 Common Channel Signaling shall be utilized in conjunction with
MPB arrangements to the extent such signaling is resident in
the GTE access tandem switch.
8.1.5 DTI and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective
federal and state access tariffs, and/or provisions within the
National Exchange Carrier Association ("NECA") Tariff No. 4,
or any successor tariff, sufficient to reflect this MPB
arrangement, including MPB percentages.
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8.1.6 As detailed in the MECAB document, DTI and GTE will, in a
timely fashion, exchange all information necessary to
accurately, reliably and promptly xxxx Access Service
customers for Switched Access Services traffic jointly handled
by DTI and GTE via the meet-point arrangement. Information
shall be exchanged in Electronic Message Record ("EMR")
format, on magnetic tape or via a mutually acceptable
electronic file transfer protocol.
8.1.7 DTI and GTE shall work cooperatively to coordinate rendering
of Meet-Point bills to customers, and shall reciprocally
provide each other usage data and related information at the
appropriate charge.
8.2 Compensation.
8.2.1 Initially, billing to Access Service customers for the
Switched Access Services jointly provided by DTI and GTE via
the MPB arrangement shall be according to the multiple-xxxx
method as described in the MECAB guidelines. This means each
Party will xxxx the portion of service they provided at their
appropriate tariff, or price list.
8.2.2 Subsequently, DTI and GTE may mutually agree to implement one
of the following options for billing to third parties for the
Switched Access Services jointly provided by DTI and GTE via
the MPB arrangement: single-xxxx/single tariff method,
single-xxxx/multiple tariff method, or to continue the
multiple-xxxx method. Should either Party prefer to change
among these billing methods, that Party shall notify the other
Party of such a request in writing, ninety (90) Business Days
in advance of the date on which such change is desired to be
implemented, such changes then may be made in accordance with
MECAB guidelines and if the Parties mutually agree, the change
will be made.
9. Common Channel Signaling.
9.1 Service Description. The Parties will provide Common Channel Signaling
("CCS") to one another via Signaling System 7 ("SS7") network
interconnection, where and as available, in the manner specified in FCC
Order 95-187, in conjunction with all traffic exchange trunk groups.
SS7 signaling and transport services shall be provided by GTE in
accordance with the terms and conditions of this Section 9 of this
Article and Appendix J attached to this Agreement and made a part
hereof. The Parties will cooperate on the exchange of all appropriate
SS7 messages for local and intraLATA call set-up signaling, including
ISUP and Transaction Capabilities Application Part ("TCAP") messages to
facilitate full interoperability of all CLASS Features and functions
between their respective networks. Any other SS7 message services to be
provided using TCAP messages (such as data base queries) will be
jointly negotiated and agreed upon.
9.2 Signaling Parameters. All SS7 signaling parameters will be provided in
conjunction with traffic exchange trunk groups, where and as available.
These parameters include Automatic Number Identification ("ANI"),
Calling Party Number ("CPN"), Privacy Indicator, calling party category
information, originating line information, charge number, etc. Also
included are all parameters relating to network signaling information,
such as Carrier Information Parameter ("CIP"), wherever such
information is needed for call routing or billing. GTE will provide SS7
via GR-394-SS7 and/or GR-317-SS7 format(s).
9.3 Privacy Indicators. Each Party will honor all privacy indicators as
required under applicable law.
9.4 Connection Through STP. DTI must interconnect with the GTE STP(s)
serving the LATA in which the traffic exchange trunk groups are
interconnected. Additionally, all interconnection to GTE's 800/888
database and GTE's LIDB shall, consistent with this section and
Appendix J attached hereto, take place only through appropriate STP
pairs.
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9.5 Third Party Signaling Providers. DTI may choose a third-party SS7
signaling provider to transport messages to and from the GTE SS7
network. In that event, that third-party provider must present a letter
of agency to GTE, prior to the testing of the interconnection,
authorizing the Third Party to act on behalf of DTI in transporting SS7
messages to and from GTE. The third-party provider must interconnect
with the GTE STP(s) serving the LATA in which the traffic exchange
trunk groups are interconnected.
9.6 Multi-Frequency Signaling. In the case where CCS is not available, in
band Multi-Frequency ("MF"), wink start, E & M channel associated
signaling with ANI will be provided by the Parties. Network signaling
information, such as CIC/OZZ, will be provided wherever such
information is needed for call routing or billing.
10. Service Quality and Performance. Each Party shall provide Services
under this Article to the other Party that are equal in quality to that
the Party provides to itself, its Affiliates or any other entity.
"Equal in quality" shall mean that the Service will meet the same
technical criteria and performance standards that the providing Party
uses within its own network for the same Service at the same location
under the same terms and conditions.
11. Network Outages. GTE shall work with DTI to establish reciprocal
responsibilities for managing network outages and reporting. Each party
shall be responsible for network outage as a result of termination of
its equipment in GTE wire center or access tandem. DTI shall be
responsible for notifying GTE of significant outages which could impact
or degrade GTE switches and services.
V-9
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ARTICLE VI
RESALE OF SERVICES
1. General. The purpose of this Article VI is to define the Exchange
Services and related Vertical Features and other Services (collectively
referred to for purposes of this Article VI as the "Services") that may
be purchased from GTE and resold by DTI and the terms and conditions
applicable to such resold Services. Except as specifically provided
otherwise in this Agreement, provisioning of Exchange Services for
resale will be governed by the GTE Guide. GTE will make available to
DTI for resale any Telecommunications Service that GTE currently
offers, or may offer hereafter, on a retail basis to subscribers that
are not telecommunications carriers, except as qualified by Section 2.2
below.
2. Terms and Conditions.
2.1 Quality and Performance. GTE shall provide Services to DTI that are
equal in quality and performance standards to the same Services
provided by GTE to its own end user customers.
2.2 Restrictions on Resale. The following restrictions shall apply to the
resale of retail services by DTI.
2.2.1 DTI shall not resell Basic Exchange Residential Service
2.2.2 DTI shall not resell to one class of customers a service that
is offered by GTE only to another class of customers in
accordance with State requirements (e.g., R-1 to B-1, disabled
services or Lifeline services to non-qualifying customers).
2.2.3 DTI shall not resell public pay telephone lines.
2.2.4 DTI shall not resell semi-public pay telephone lines.
2.3 Restrictions on Discount of Retail Services. The discount specified in
Section 5.3 herein shall apply to all retail services except for the
following:
2.3.1 DTI shall resell services that are provided at a volume
discount in accordance with terms and conditions of applicable
tariff. DTI shall not aggregate end user traffic in order to
qualify for volume discount.
2.3.2 DTI shall resell ICB/Contract services without a discount and
only to end user customers that already have such services.
2.3.3 DTI shall resell COCOT coin or coinless line but no discount
applies.
2.3.4 DTI shall resell Lifeline services and services for the
disabled but no discount shall apply and they shall only be
resold to end user customers who qualify under GTE's tariffs
and state/Commission rules, orders and regulations.
2.3.5 DTI shall resell special access but no discount applies.
2.3.6 DTI shall resell Operator Services and Directory Assistance as
specified in Section 5.6 herein however no discount applies.
VI-1
49
2.3.7 DTI shall resell promotional offerings that are ninety (90)
days or less in duration without a discount.
2.4 Resale to Other Carriers. Services available for resale may not be used
by DTI to provide access to the local network as an alternative to
tariffed switched and special access by other carriers, including, but
not limited to; interexchange carriers, wireless carriers, competitive
access providers, or other retail telecommunications providers.
3. Ordering and Billing.
3.1 Local Service Request. Orders for resale of Services will be placed
utilizing a standard Local Service Request ("LSR") form. GTE will
continue to participate in industry forums for developing service
order/disconnect order formats and will incorporate appropriate
industry standards. A complete and accurate LSR (containing the
requisite end user information as described in the Guide) must be
provided by DTI before a request can be processed.
3.2 Certificate of Operating Authority. When ordering, DTI must represent
and warrant to GTE that it is a certified provider of local dial-tone
service. DTI will provide a copy of its Certificate of Operating
Authority or other evidence of its status to GTE upon request.
3.3 Letter of Authorization. A Letter of Authorization ("LOA") will be
required before resold Services will be provided in cases in which the
subscriber currently receives Exchange Service from GTE or from a local
service provider other than DTI. Such LOA may be a blanket LOA or such
other form as agreed upon between GTE and DTI. GTE will not release
information to DTI on GTE end user customer accounts unless DTI first
provides to GTE a written LOA, signed by the end user customer,
authorizing the release of such information to DTI or if state or
federal law provides otherwise, in accordance with such law.
3.4 Directory Assistance Listings. GTE shall include a DTI customer listing
in its Directory Assistance database as part of the Local Service
Request ("LSR") process. GTE will honor DTI Customer's preferences for
listing status, including non-published and unlisted, as noted on the
LSR and will enter the listing in the GTE database which is used to
perform Directory Assistance functions as it appears on the LSR.
3.5 Nonrecurring Charges. DTI shall be responsible for the payment of all
nonrecurring charges ("NRCs") applicable to resold Services (e.g.,
installation, changes, ordering charges) in accordance with the
appropriate tariff. No discount applies to nonrecurring charges.
3.6 Transfers Between DTI and Another Reseller of GTE Services. When DTI
has obtained an end user customer from another reseller of GTE
services, DTI will inform GTE of the transfer by submitting a standard
LSR to GTE.
3.7 Local Calling Detail. Except for those Services and in those areas
where measured rate local service is available to end users, monthly
billing to DTI does not include local calling detail. However, DTI may
request and GTE shall consider developing the capabilities to provide
local calling detail in those areas where measured local service is not
available for a mutually agreeable charge.
3.8 Procedures. An overview of the procedures for preordering, ordering,
provisioning and billing for resold services are outlined in Appendix
I, attached hereto and made a part hereof.
3.9 LIDB. For resale services, GTE's service order will generate updates to
the LIDB for validation of calling card, collect, and third number
billed calls.
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3.10 "OLN". Upon request, GTE will update the database to provide
Originating Line Number ("OLN") Screening which indicates to an
operator the acceptable billing methods for calls originating from the
calling number (e.g., penal institutions, COCOTS).
4. Maintenance.
4.1 Maintenance, Testing and Repair. GTE will provide repair and
maintenance services to DTI and its end user customers for resold
Services in accordance with the same standards and charges used for
such services provided to GTE end user customers. GTE will not initiate
a maintenance call or take action in response to a trouble report from
a DTI end user until such time as trouble is reported to GTE by DTI.
DTI must provide to GTE all end user information necessary for the
installation, repair and servicing of any facilities used for resold
Services according to the procedures described in the Guide.
4.2 Specifics and Procedures for Maintenance. An overview of the procedures
for maintenance of resold services and additional matters agreed to by
the Parties concerning maintenance are set forth in Appendix I.
5. Services Available for Resale.
5.1 Description of Local Exchange Services Available for Resale. Resold
basic Exchange Service includes, but is not limited to, the following
elements:
(a) Voice Grade Local Exchange Access Line - includes a telephone
number and dial tone.
(b) Local Calling - at local usage measured rates if applicable to
the end user customer.
(c) Access to long distance carriers
(d) E-911 Emergency Dialing
(e) Access to Service Access Codes - e.g., 800, 888, 900
(f) Use of AIN Services (those currently available to end users)
(g) End User Private Line Services
(h) Listing of telephone number in appropriate "white pages"
directory; and
(i) Copy of "White Pages" and "Yellow Pages" directories for the
appropriate GTE service area
5.2 List of Services Available for Resale. The type of Services listed on
Appendix F, attached hereto and made a part of this Agreement, are
available for resale by DTI. Subject to the limitations on resale
enumerated in this Article, any new services that GTE offers in the
future at retail to customers who are not telecommunications carriers
shall also be available to DTI for resale under the same terms and
conditions contained in this Agreement. Additional regulations, terms
and conditions relating to the type of Services listed on Appendix F
can be found in the appropriate intrastate local, toll and access
tariffs. Terms, conditions and other matters concerning rate
applications, technical parameters, provisioning capability,
definitions and feature interactions contained in such tariffs are
applicable to the type of Services offered under this Agreement and are
incorporated herein by reference. Modifications to Services listed on
Appendix F shall be provided to DTI in accordance with GTE's practices
and procedures.
VI-3
51
5.3 Rates. The prices charged to DTI for Local Services shall be calculated
as follows:
(1) Avoided Cost Discount of 10.93% shall apply to all retail
services except those services listed in Section 2.2 and
Section 2.3 herein.
(2) The discount dollar amount calculated under Step 1 above will
be deducted from the retail rate.
(3) The resulting rate is the Wholesale Rate.
(4) This discount dollar amount in Step 2 above shall not change
during the Term of this Agreement, even though GTE may change
its retail rates.
5.4 Grandfathered Services. Services identified in GTE Tariffs as
grandfathered in any manner are available for resale only to end user
customers that already have such grandfathered service. An existing end
user customer may not move a grandfathered service to a new service
location.
5.5 Access. GTE retains all revenue due from other carriers for access to
GTE facilities, including both switched and special access charges.
5.6 Operator Services (OS) and Directory Assistance (DA). Where GTE
provides access to GTE Operator Services for local and toll assistance
(for example, call completion, busy line verification and emergency
interruption) and Directory Assistance (e.g., 411 calls routed to GTE's
DA operator centers) as an element of Exchange Services offered for
resale, DTI will be billed in accordance with Appendix F. GTE will
provide its existing OS and DA to a DTI at the same quality and in a
nondiscriminatory manner as the service GTE's end users receive.
5.6.1 Where Customized Routing is available (pursuant to Article
VII, Section 12.1), GTE will offer unbranded OS and DA or
rebranded OS and DA with the DTI brand. GTE will provide such
unbranding or rebranding on a switch-by-switch basis, subject
to capability and capacity limitations. Upon receipt of an
order for unbranding or rebranding, GTE will implement within
90 Business Days when technically capable.
5.6.2 DTI will be billed for unbranding or rebranding and Customized
Routing. Upon written request from DTI, GTE will provide DTI
with terms and conditions for providing Customized Routing and
branding, plus the applicable charges. In addition, a port and
dedicated trunk facilities are required as specified in
Article VII, Section 12.1.4.
5.6.3 For those offices that DTI has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it using live operators
where GTE performs its own OS and DA service and where handled
by automated systems. If GTE uses a Third Party contractor to
provide OS or DA, GTE will not provide branding nor will GTE
negotiate it with a Third Party on behalf of DTI. DTI must
negotiate with the Third Party. In these instances, DTI will
need to purchase customized routing to differentiate OS/DA
traffic between GTE's and a Third Party.
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ARTICLE VII
UNBUNDLED NETWORK ELEMENTS
1. General. The purpose of this Article VII is to define the unbundled
network elements that may be leased by DTI from GTE. Unless otherwise
specified in this Agreement, provisioning of unbundled network
arrangements will be governed with the GTE Customer Guide for DTI
Establishment of Services - Resale and Unbundling (the "Guide").
Additional procedures for preordering, ordering, provisioning and
billing of unbundled network elements are outlined in Appendix I.
2. Unbundled Network Elements.
2.1 Categories. There are several separate categories of Network Components
that shall be provided as unbundled network elements by GTE:
(a) Network Interface Device or NID
(b) Loop Elements
(c) Port and Local Switching Elements
(d) Transport Elements
(e) Signaling Elements
(f) Data Switching
(g) Digital Cross Connect System (DCS)
2.2 Prices. Individual unbundled network elements and prices are identified
on Appendix G attached to this Agreement and made a part hereof, or
under the appropriate GTE tariff as referenced in this Article.
Nonrecurring charges relating to unbundled elements are also listed on
Appendix G.
2.2.1 Reciprocal Compensation Arrangements for Call Termination.
Reciprocal compensation arrangements for call termination
shall be as provided in Appendix M attached hereto.
2.3 Interconnection to Unbundled Elements. DTI may lease and interconnect
to whichever of these unbundled network elements DTI chooses, and
subject to technical feasibility, may combine these unbundled elements
with any facilities or services that DTI may itself provide subject to
the following:
2.3.1 Interconnection shall be achieved via expanded
interconnection/collocation arrangements DTI shall maintain at
the wire center at which the unbundled services are resident.
2.3.2 DTI may order transport pursuant to Section 6 below as
follows:
(a) From the wire center at which the unbundled elements
(e.g., loop, port) are located to the GTE wire center
where DTI has established an
interconnection/collocation arrangement.
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(b) Directly from the DTI switch to a GTE wire center and
connect to unbundled loops. Applicable charges would
be transport, transport termination, multiplexing,
loop/port connector and loop.
2.3.3 Each loop or port element shall be delivered to DTI
collocation arrangement over a loop/port connector applicable
to the unbundled services as listed on Appendix G.
2.3.4 DTI shall combine unbundled network elements with its own
facilities. GTE has no obligation to combine any network
elements for DTI. DTI may not combine such network elements to
provide solely interexchange service or solely access service
to an interexchange carrier.
2.4 Service Quality. To the degree reasonably possible, all service
attributes, grades-of-service and installation, maintenance and repair
intervals which apply to the bundled service will apply to unbundled
network elements. Notwithstanding the foregoing, GTE shall not be
responsible for impacts on service attributes, grades of service, etc.,
resulting from DTI's specific use of or modification to any unbundled
network element.
3. Network Interface Device.
3.1 Direct Connection. DTI shall be permitted to connect its own Loop
directly to GTE's Network Interface Device or NID in cases in which DTI
uses its own facilities to provide local service to an end user
formerly served by GTE, as long as such direct connection does not
adversely affect GTE's network. In order to minimize any such adverse
effects, DTI shall follow the procedures in Sections 3.1.1 and 3.1.2
below.
3.1.1 When connecting its own loop facility directly to GTE's NID
for a residence or business customer, DTI must make a clean
cut on the GTE drop wire at the NID so that no bare wire is
exposed. DTI shall not remove or disconnect GTE's drop wire
from the NID or take any other action that might cause GTE's
drop wire to be left lying on the ground.
3.1.2 At multi-tenant customer locations, DTI must remove the jumper
wire from the distribution block (i.e. the NID) to the GTE
cable termination block. If DTI cannot gain access to the
cable termination block, DTI must make a clean cut at the
closest point to the cable termination block. At DTI's request
and discretion, GTE will determine the cable pair to be
removed at the NID in multi-tenant locations. DTI will
compensate GTE for the trip charge necessary to identify the
cable pair to be removed.
3.1.3 GTE agrees to offer NIDs for lease to DTI but not for sale.
DTI may remove GTE identification from any NID which it
connects to a DTI loop, but DTI may not place its own
identification on such NID.
3.1.4 GTE Loop elements leased by DTI will be required to terminate
only on a GTE NID. If DTI leasing a GTE loop wants a DTI NID,
they will also be required to lease a GTE NID for the direct
loop termination and effect a NID to NID connection.
3.2 NID to NID Connection. Rather than connecting its loop directly to
GTE's NID, DTI may also elect to install its own NID and effect a NID
to NID connection to gain access to the end user's inside wiring.
3.2.1 DTI that provides its own loop facilities may elect to move
all inside wire terminated on a GTE NID to one provided by
DTI. In this instance, a NID to NID connection will not be
VII-2
54
required. DTI, or the end user premise owner, can elect to
leave the GTE disconnected NID in place, or to remove the GTE
NID from the premise and dispose of it entirely.
3.3 Removal of Cable Pairs. Removal of existing cable pairs required for
DTI to terminate service is the responsibility of DTI.
3.4 Maintenance. When DTI provides its own loop and connects directly to
GTE's NID, GTE does not have the capability to perform remote
maintenance. DTI can perform routine maintenance via its loop and
inform GTE once the trouble has been isolated to the NID and GTE will
repair (or replace) the NID, or, at DTI's option, it can make a NID to
NID connection, using the GTE NID only to gain access to the inside
wire at the customer location.
4. Loop Elements.
4.1 Service Description. a "Loop" is an unbundled component of Exchange
Service. In general, it is the transmission facility (or channel or
group of channels on such facility) which extends from a Main
Distribution Frame ("MDF') or functionally comparable piece of
equipment in a GTE end office or wire center to a demarcation or
connector block in/at a subscriber's premises. Traditionally, Loops
were provisioned as 2-wire or 4-wire copper pairs running from the end
office MDF to the customer premises. However, a loop may be provided
via other media, including radio frequencies, as a channel on a high
capacity feeder/distribution facility which may, in turn, be
distributed from a node location to the subscriber premises via a
copper or coaxial drop facility, etc.
4.2 Categories of Loops. There are six general categories of loops:
4.2.1 "2-wire analog voice grade" loops will support analog
transmission of 300-3000 Hz, repeat loop start or ground start
seizure and disconnect in one direction (toward the end office
switch), and repeat ringing in the other direction (toward the
end user). This loop is commonly used for local dial tone
service;
4.2.2 "4-wire analog voice grade" loops conform to the
characteristics of a 2-wire voice grade loop and, in addition,
can support the simultaneous independent transmission of
information in both directions;
4.2.3 "2-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) will be required to
conform to these industry standards. The price for 2-wire
digital loops shall be the price for the basic 2-wire loop
plus the loop facility NRC to recover the cost of the special
provisioning.
4.2.4 "4-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) will be required to
conform to these industry standards. The price for 4-wire
digital loops shall be the price for the basic 4-wire loop
plus the loop facility NRC to recover the cost of the special
provisioning.
4.2.5 "DS-1" loops will support a digital transmission rate of 1.544
Mbps. The DS-1 loop will have no bridge taps or load coils and
will employ special line treatment. DS-1 loops will include
span line repeaters where required, office terminating
repeaters, and DSX cross connects. Prices for DS-1 grade loops
are the prices set forth in the appropriate GTE intrastate
special access tariff.
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55
4.2.6 "DS-3" loops will support the transmission of isochronous
bipolar serial data at a rate of 44.736 Mbps. This DS-3 type
of loop provides the equivalent of 28 DS-1 channels and shall
include the electronics at either end.
4.3 Conditioned Loops. DTI may also require that the loops ordered above be
conditioned in order for them to provide the end-user service. Examples
of this type of conditioning are: Type C, Type DA, Improved C, Clear
Channel, etc. The price for such a conditioned loops shall be the
applicable charge as provided in the appropriate GTE intrastate special
access tariff.
4.4 Features, Functions, Attributes. To the degree reasonably possible, all
transport-based features, functions, service attributes,
grades-of-service, installation, maintenance and repair intervals that
apply to the bundled services will apply to unbundled loops.
4.4.1 GTE will not perform routine testing of the unbundled loop for
maintenance purposes. DTI will be required to provision a loop
testing device either in its central office (switch location),
Network Control Center or in its collocation arrangement to
test the unbundled loop. GTE will perform repair and
maintenance once trouble is identified by DTI.
4.4.2 All Loop facilities furnished by GTE on the premises of DTI's
end users and up to the network interface or functional
equivalent are the property of GTE. GTE must have access to
all such facilities for network management purposes. GTE
employees and agents may enter said premises at any reasonable
hour to test and inspect such facilities in connection with
such purposes or, upon termination or cancellation of the Loop
facility, to remove such facility.
4.4.3 GTE will provide loop transmission characteristics to DTI end
users which are equal to those provided to GTE end users.
4.4.4 If DTI leases loops which are conditioned to transmit digital
signals, as a part of that conditioning, GTE will test the
loop and provide recorded test results to DTI. In maintenance
and repair cases, if loop tests are taken, GTE will provide
any recorded readings to DTI at time the trouble ticket is
closed in the same manner as GTE provides to itself and its
end users.
4.5 Digital Loop Carrier. Where GTE utilizes integrated digital loop
carrier ("IDLC") (1) technology to provision the Loop element, GTE will
take the necessary affirmative steps to provide unbundled Loops. The
basic Loop provided will support voice grade services. Loop
capabilities beyond voice grade (i.e., ISDN, ADSL, etc.) will be
provided under the terms and conditions, and at the prices indicated in
Section 4.3.
4.5.1 GTE will permit DTI to collocate digital loop carriers and
associated equipment in conjunction with collocation
arrangements DTI maintains at a GTE wire center for the
purpose of interconnecting to unbundled Loop elements.
4.6 Unbundled Loop Facility Certification.
4.6.1 Before deploying any service enhancing copper cable technology
(e.g., HDSL, ISDN, etc.) over unbundled 2-wire analog voice
grade loops leased from GTE, DTI shall notify GTE of
---------------------
(1) See Bellcore TR-TSY-000008, Digital Interface Between the SLC-
96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303,
Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface.
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such intentions to enable GTE to assess the loop transport
facilities to determine whether there are any existing copper
cable loop transport technologies (e.g., analog carrier, etc.)
deployed within the same cable sheath that would be interfered
with if DTI deployed the proposed service enhancing copper
cable technology. If there are existing copper cable loop
transport technologies already deployed within the same cable
sheath, or if GTE already has existing near term (within 18
months of the date of facility certification) plans to deploy
copper cable loop transport technologies that would be
interfered with as described above, GTE will so inform DTI and
DTI shall not be permitted to deploy such service enhancing
copper cable technologies. GTE will charge DTI the applicable
engineering time and labor costs to perform the certification.
4.6.2 If DTI fails to notify GTE of its plans to deploy service
enhancing copper cable technology and obtain prior
certification from GTE of the facilities, if DTI's deployment
of such technology is determined to have caused interference
with existing or planned copper cable loop transport
technologies deployed by GTE in the same cable sheath, DTI
will immediately remove such service enhancing copper cable
technology and shall reimburse GTE for all incurred expense
related to this interference.
4.7 Unbundled Loop Facility Notification.
4.7.1 GTE reserves the right to deploy within its network at its
sole discretion any and all copper cable loop transport
technologies. If GTE plans to deploy copper cable loop
transport technology within a cable sheath in which such
technology was not previously deployed, GTE will provide
notice to DTI of such planned deployment, indicating all
service enhancing copper cable technologies that would cause
interference with the technology to be deployed, or that would
be interfered with by the deployment of such technology. Such
notice will be provided at least ninety (90) Business Days in
advance of the planned deployment. If DTI has deployed any
technologies within the same cable sheath that would interfere
with, or be interfered with, by the technology GTE plans to
deploy, the parties will work together to resolve the
situation.
4.8 Subloops.
4.8.1 GTE will provide as separate items the loop distribution, loop
concentrator and loop feeder on a case-by-case basis pursuant
to a Bona Fide Request ("BFR").
4.8.2 GTE will design and construct loop access facilities
(including loop feeders and loop concentration/multiplexing
systems) in accordance with standard industry practices as
reflected in applicable tariffs and/or as agreed to by GTE and
DTI.
4.8.3 Transport for loop concentrators/multiplexers services not
supported by embedded technologies will be provided pursuant
to applicable tariffs or as individually agreed upon by GTE
and DTI. The Parties understand that embedded loop
concentrators/multiplexers are not necessarily capable of
providing advanced and/or digital services.
4.8.4 GTE will provide loop transmission characteristics as
specified in Section 4.4.3 herein.
5. Port and Local Switching Elements.
5.1 Port. Port is an unbundled component of Exchange Service that provides
for the interconnection of individual loops or trunks to the switching
components of GTE's network. In general, it is a line card or trunk
card and associated peripheral equipment on GTE end office switch that
serves as the hardware termination for the end user's Exchange Service
on that switch and generates dial
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tone and provides the end user access to the public switched
telecommunications network. The port does not include such features and
functions which are provided as part of Local Switching. Each line-side
port is typically associated with one (or more) telephone number(s),
which serve as the end user's network address.
5.2 Ports Available as Unbundled Network Elements. There are four types of
Ports available as unbundled network elements;
5.2.1 "2-wire analog line" Port is a line side switch connection
employed to provide basic residential and business type
Exchange Service.
5.2.2 "2-wire ISDN digital line" Port is a Basic Rate Interface
(BRI) line side switch connection employed to provide ISDN
Exchange Services.
5.2.3 "DS-1 digital trunk" Port is a direct inward dialing (DID)
trunk side switch connection employed to provide the
equivalent of 24 analog incoming trunk type Exchange Services.
5.2.4 "4-wire ISDN digital DS-1 trunk" Port is a Primary Rate
Interface (PRI) trunk side switch connection employed to
provide the ISDN Exchange Services
5.3 Port Prices. Prices for 2-wire analog and DS-1 Ports are listed in
Appendix G. 2-wire ISDN line side Ports and 4-wire ISDN trunk side
Ports shall be provided at a price agreed to by the Parties.
5.4 Local Switching. Local switching provides the basic switching functions
to originate, route and terminate traffic and any signaling deployed in
the switch. Vertical features are optional services provided through
software programming in the switch which can be added on a per-feature
basis with applicable rate. GTE will offer only those features and
functions currently available to the particular platform used (e.g.,
DMS, 5ESS, GTD5). Any feature or function which is not available, but
the switch is capable of providing, may be requested via the BFR
process. DTI will be responsible for bearing any costs incurred by GTE
in making such feature/function available, including Right-to-Use (RTU)
fees. The rates for Local Switching and Vertical Features are listed in
Appendix G.
5.4.1 DTI must purchase Local Switching with the line-side Port or
trunk-side Port, if applicable.
5.5 Compliance with Section 2.3. DTI shall only order unbundled elements in
accordance with Section 2.3 herein and it will be the responsibility of
DTI to make arrangements for the delivery of interexchange traffic and
routing of traffic over interoffice transmission facilities, if
applicable.
6. Transport Facility.
6.1 Service Description. Transport is an unbundled component of Exchange
Service. In general, it is the transmission facility (or channel or
group of channels on such facility) which extends from a Main
Distribution Frame (MDF) or functionally comparable piece of equipment
in a GTE end office or access tandem to either (I) another MDF or
functionally comparable piece of equipment in a GTE end office or
access tandem, or (ii) a meet point with transport facilities of DTI or
another carrier. Transport may be provided over a variety of media,
including, but not limped to, copper cables, radio frequencies or
channels on a high capacity facility.
6.1.1 Tandem Switching Capability. GTE will provide tandem
switching capability at GTE access tandems for
traffic between DTI and GTE end offices subtending
the GTE access tandem and for traffic between DTI
and non-GTE end offices subtending GTE access
tandems. GTE will provide the features and functions
that are
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centralized in tandem switches including but not limited to
call recording, the routing of calls to operator services when
technically feasible, and signaling conversion features.
6.2 Categories/Types. Unbundled transport is provided under rates, terms
and conditions of the applicable GTE access tariff or local private
line tariff.
7. SS7 Transport and Signaling. SS7 signaling and transport services in
support of DTI's local exchange services shall be provided in
accordance with the terms and conditions of Appendix I attached to this
Agreement and made a part hereof.
7.1 GTE will provide interconnection with its SS7 at the STPs but not at
other points.
8. LIDB Services. Access to GTE's LIDB shall be provided in accordance
with the rates, terms and conditions of GTE's switched access tariff,
GTOC Tariff FCC No. 1, Section 8.
9. Database 800-Type Services. Access to GTE's 800-Type database (i.e.,
888, 877) shall be provided in accordance with the rates, terms and
conditions of GTE's switched access tariff, GTOC Tariff FCC No. 1,
Section 8.
10. Data Switching.
10.1 Access. GTE will provide unbundled access to GTE data switches to DTI
at the user network interface ("UNI") and network to network interface
("NNI") level subject to mutual agreement on technical standards.
10.2 Nondiscrimination. Data switching features and functionalities provided
to DTI will be without discrimination with respect to the way GTE
provides them to GTE end users. In the event of overflow or congestion
conditions on the data switching network, DTI's data traffic carried on
GTE facilities will be equal priority to GTE data traffic.
10.3 Testing Monitoring, Administration and Maintenance. Testing,
monitoring, administration and maintenance will be performed by GTE in
a nondiscriminatory manner.
11. Digital Cross Connect System (DCS).
11.1 Access. GTE will provide unbundled access to the DCS element, which
shall provide automated cross-connection (with CNC), facility grooming,
bridging (MJU-digital), point to multipoint connections (DMB-analog),
broadcast and automated facility test capabilities. These
functionalities will be provided consistent with that which is provided
to GTE end users. DTI shall submit a Bona Fide Request to GTE
specifying these functionalities.
11.2 Optional Characteristics. The DCS element may include multiplexing,
format conversion, signaling conversion and manual cross connection
wiring.
11.3 Alternate Provisioning. Where no automated DCS capability exists, the
cross connection function will be provided manually by GTE through the
combination of DSX patch panels and D4 banks or DS0 (or higher
capacity) equipment.
11.4 Elements. DTI will have access to the following DCS elements:
(a) DS0 with DS1 interface (CNC)
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(b) DS1/VT1.5 with DS1, DS3 and SONET interfaces (CNC and Titan
5500)
11.5 Capabilities. The DCS elements will provide the following capabilities:
(a) Real-time configuration (with CNC)
(b) Real-time access to integrated test equipment (with React and
Customer Service)
(c) SONET asynchronous gateway functionality (with Titan 5500
only)
(d) Compliance with Bellcore and industry standards.
11.6 Protection and Performance. The unbundled DCS elements provided to DTI
will have equipment/interface protection, redundant power supply and/or
battery backup and performance/availability consistent with that
provided to GTE end users.
11.7 Provisioning, Administration and Maintenance. GTE will provide
provisioning, administration and maintenance of the DCS elements the
same level as GTE provides to itself as well as real time access to
performance monitoring and alarm data affecting DTI traffic (with CNC).
GTE is not required to keep software updated to the "current available
release" in every instance.
12. Operator Services (OS) and Directory Assistance (DA). GTE will provide
OS and DA to DTI in accordance with the terms set forth as follows:
12.0.1 Where Customized Routing is available, GTE will offer
unbranded OS and DA or rebranded OS and DA with the DTI
brand. GTE will provide such unbranding or rebranding on a
switch-by-switch basis, subject to capability and capacity
limitations. Upon receipt of an order for unbranding or
rebranding, GTE will implement within 90 Business Days when
technically capable.
12.0.2 DTI will be billed an element charge for OS and DA and a
charge for unbranding or rebranding and Customized Routing
as set forth in Section 12.1.2. In addition, charges
specified in Section 12.1.4 will apply.
12.0.3 For those offices that DTI has requested GTE to rebrand
and/or unbrand OS and DA, GTE will provide it using live
operators where GTE performs its own OS and DA service and
where handled by automated systems. If GTE uses a Third
Party contractor to provide OS or DA, GTE will not provide
branding nor will GTE negotiate it with a Third Party on
behalf of DTI. DTI must negotiate with the Third Party. In
these instances, DTI will need to purchase customized
routing to differentiate OS/DA traffic between GTE's and a
Third Party.
12.1 Customized Routing. Where technically feasible and upon receipt of
written request from DTI, GTE agrees to provide customized routing for
the following types of calls:
0-
0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when
intraLATA presubscription is not available)
1+HNPA-555-1212 (intraLATA, only when
intraLATA presubscription is not available)
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12.1.1 GTE will provide DTI a list of switches that can provide
customized routing using line class codes or similar method
(regardless of current capacity limitations). DTI will
return a list of these switches ranked in priority order.
GTE will return to DTI a schedule for customized routing in
the switches with existing capabilities and capacity.
12.1.2 Upon written request from DTI, GTE will provide DTI with
applicable charges, and terms and conditions, for providing
OS and DA, branding, and Customized Routing.
12.1.3 Subject to the above provisions, GTE will choose the method
of implementing customized routing of OS and DA calls.
12.1.4 The use of customized routing will require the purchase of a
trunk side port and dedicated facilities between the GTE end
office and the designated OS/DA platform. The rates for
these elements will be billed in accordance with Appendix G.
13. Advanced Intelligent Network Access (AIN). GTE will provide DTI access
to GTE AIN functionality from GTE's AIN SCP via GTE's local switch or
DTI's local switch.
14. Nondiscrimination Provision and Support. GTE agrees to provide
unbundled network elements in a timely manner considering the need and
volume of requests. GTE will provide unbundled network elements in a
non-discriminatory manner and shall provide power to such elements on
the same basis as GTE provides to itself.
15. Provisioning Intervals. GTE agrees to provide unbundled network
elements in a timely manner considering the need and volume of
requests, pursuant to agreed upon service provisioning intervals.
16. Directory Assistance Listing. When DTI orders an unbundled port, a
Directory Service Request (DSR) must be submitted to have the listing
included in GTE's Directory Assistance database. The applicable
ordering charge will be applied for processing the DSR.
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ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
1. Bona Fide Request Process.
1.1 Intent. The Bona Fide Request process is intended to be used when DTI
requests customized Service Orders for certain services, features,
capabilities or functionality defined and agreed upon by the Parties as
services to be ordered as Bona Fide Requests.
1.2 Process.
1.2.1 A Bona Fide Request shall be submitted in writing by DTI and shall
specifically identify the need to include technical requirements, space
requirements and/or other such specifications that clearly define the
request such that GTE has sufficient information to analyze and prepare
a response.
1.2.2 Although not expected to do so, DTI may cancel a Bona Fide Request in
writing at any time prior to DTI and GTE agreeing to price and
availability. GTE will then cease analysis of the request.
1.2.3 Within two (2) Business Days of its receipt, GTE shall acknowledge in
writing the receipt of the Bona Fide Request and identify a single
point of contact and any additional information needed to process the
request.
1.2.4 Except under extraordinary circumstances, within ten (10) Business Days
of its receipt of a Bona Fide Request, GTE shall provide a proposed
price and availability date, or it will provide an explanation as to
why GTE elects not to meet DTI's request. If extraordinary
circumstances prevail, GTE will inform DTI as soon as it realizes that
it cannot meet the ten (10) Business Day response due date. DTI and GTE
will then determine a mutually agreeable date for receipt of the
request.
1.2.5 Unless DTI agrees otherwise, all proposed prices shall be consistent
with the pricing principles of the Act, FCC and/or the Commission.
Payments for services purchased under a Bona Fide Request will be made
upon delivery, unless otherwise agreed to by DTI, in accordance with
the applicable provisions of the Agreement.
1.2.6 Upon affirmative response from GTE, DTI will submit in writing its
acceptance or rejection of GTE's proposal. If at any time an agreement
cannot be reached as to the terms and conditions or price of the
request GTE agrees to meet, the Dispute resolution procedures described
in Article III herein may be used by a Party to reach a resolution.
2. Transfer of Service Announcements. For services other than GTE resold
and ported number services, when an end user customer transfers service
from one Party to the other Party, and does not retain its original
telephone number, the Party formerly providing service to the end user
will provide, upon request and if such service is provided to its own
customers, a referral announcement on the original telephone number.
This announcement will provide the new number of the customer and will
remain in effect for the same time period this service is provided to
GTE's own end users. For GTE resold and ported number services, GTE
shall provide an intercept referral on behalf of DTI.
3. Misdirected Calls. The Parties will employ the following procedures for
handling any misdirected calls (e.g., Business office, repair bureau,
etc.).
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3.1 To the extent the correct provider can be determined, each Party will
refer misdirected calls to the proper provider of local exchange
service. When referring such calls, both Parties agree to do so in a
courteous manner, at no charge.
3.2 For misdirected repair calls, the Parties will provide their respective
repair bureau contact number to each other on a reciprocal basis and
provide the end user the correct contact number.
3.3 In responding to misdirected calls, nether Party shall make disparaging
remarks about each other, nor shall they use these calls as a basis for
internal referrals or to solicit end users or to market services.
4. 911/E911 Arrangements.
4.1 Description of Service. DTI will install a minimum of two (2) dedicated
trunks to GTE's 911/E911 selective routers (i.e., 911 tandem offices)
that serve the areas in which DTI provides Exchange Services, for the
provision of 911/E911 services and for access to all subtending PSAPs.
The dedicated trunks shall be, at a minimum, DS-0 level trunks
configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface in which all circuits are dedicated to 9-1-1 traffic.
Either configuration shall use CAMA type signaling with multifrequency
("MF") tones that will deliver ANI with the voice portion of the call.
GTE will provide DTI with the appropriate CLLI codes and specifications
of the tandem office serving area or the location of the primary PSAP
when there is no 911 routing in that 911 district. If a DTI central
office serves end users in an area served by more than one (1) GTE
911/E911 selective router, DTI will install a minimum of two (2)
dedicated trunks in accordance with this Section to each of such
911/E911 selective routers or primary PSAP.
4.2 Transport. If DTI desires to obtain transport from GTE to the GTE 911
selective routers, DTI may purchase such transport from GTE at the
rates set forth in Appendix H.
4.3 Cooperation and Level of Performance. The Parties agree to provide
access to 911/E911 in a manner that is transparent to the end user. The
Parties will work together to facilitate the prompt, reliable and
efficient interconnection of DTI's systems to the 911/E911 platforms,
with a level of performance that will provide the same grade of service
as that which GTE provides to its own end users. To this end, GTE will
provide documentation to DTI showing the correlation of its rate
centers to its E911 tandems at rates set forth in Appendix H.
4.4 Basic 911 and E911 General Requirements:
4.4.1 Basic 911 and E911 provides a caller access to the appropriate
emergency service bureau by dialing a 3-digit universal
telephone number (911).
4.4.2 Where GTE has a 911 selective router installed in the network
serving the 911 district, GTE shall use subscriber data
derived from the Automatic Location Identification/Database
Management System (ALI/DMS) to selectively route the 911 call
to the Public Safety Answering Point (PSAP) responsible for
the caller's location.
4.4.3 All requirements for E911 also apply to the use of SS7 as a
type of signaling used on the interconnection trunks from the
local switch to an end office or a selective router.
4.4.4 Basic 911 and E911 functions provided to DTI shall be at least
at parity with the support and services that GTE provides to
its subscribers for such similar functionality.
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4.4.5 Basic 911 and E911 access from Local Switching shall be
provided to DTI in accordance with the following:
4.4.5.1 GTE and DTI shall conform to all state regulations
concerning emergency services.
4.4.5.2 For E911, both DTI and GTE shall use their respective
service order processes to update access line
subscriber data for transmission to the database
management systems. Validation will be done via MSAG
comparison listed in Section 4.4.5.5.
4.4.5.3 If legally required by the appropriate jurisdiction,
GTE shall provide or overflow 911 traffic to be
routed to GTE Operator Services or, at DTI's
discretion, directly to DTI Operator Services.
4.4.5.4 Basic 911 and E911 access from the DTI local switch
shall be provided from GTE to DTI in accordance with
the following:
4.4.5.4.1 If required by DTI and technically
feasible, GTE shall interconnect
direct trunks from the DTI network to
the E911 PSAP, or to the E911
selective routers as designated by
DTI. Such trunks may alternatively be
provided by DTI.
4.4.5.4.2 In government jurisdictions where GTE
has obligations under existing
Agreements as the primary provider of
the 911 System to the county (i.e.,
"lead telco"), DTI shall participate
in the provision of the 911 System as
follows:
4.4.5.4.2.1 Each Party shall be responsible
for those portions of the 911
System for which it has control,
including any necessary
maintenance to each Party's
portion of the 911 System.
4.4.5.4.2.2 DTI and GTE recognize that the
lead telco in a 911 district has
the responsibility of
maintaining the ALI database for
that district. Each company will
provide its access line
subscriber records to the
database organization of that
lead telco. DTI and GTE will be
responsible for correcting
errors when notified by either
the 911 district or its
customer, and then submitting
the corrections to the lead
telco. Lead telco database
responsibilities are covered in
Section 4.4.5.5 of this Article.
4.4.5.4.2.3 DTI shall have the right to
verify the accuracy of
information regarding DTI
customers in the ALI database
using methods and procedures
mutually agreed to by the
Parties. The fee for this
service shall be determined
based upon the agreed upon
solution.
4.4.5.4.3 If a Third Party is the primary
service provider to a 911 district,
DTI shall negotiate separately with
such Third Party with regard to the
provision of 911 service to the
agency. All relations between such
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Third Party and DTI are totally
separate from this Agreement and GTE
makes no representations on behalf of
the Third Party.
4.4.5.4.4 If DTI or Affiliate is the primary
service provider to a 911 district,
DTI and GTE shall negotiate the
specific provisions necessary for
providing 911 service to the agency
and shall include such provisions in
an amendment to this Agreement.
4.4.5.4.5 Interconnection and database access
shall be at rates as set forth in
Appendix H.
4.4.5.4.6 GTE shall comply with established,
competitively neutral intervals for
installation of facilities, including
any collocation facilities, diversity
requirements, etc.
4.4.5.4.7 In a resale situation, where it may be
appropriate for GTE to update the ALI
database, GTE shall update such
database with DTI data in an interval
no less than is experienced by GTE
subscribers, or than for other
carriers, whichever is faster, at no
additional cost.
4.4.5.5 The following are Basic 911 and E911 Database
Requirements:
4.4.5.5.1 The ALI database shall be managed by
GTE, but is the property of GTE and
any participating LEC or DTI which
provides their records to GTE.
4.4.5.5.2 Copies of the MSAG shall be provided
within five (5) business days after
the date the request is received and
provided on diskette or paper copy at
the rates set forth in Appendix H.
4.4.5.5.3 DTI shall be solely responsible for
providing DTI database records to GTE
for inclusion in GTE's ALI database on
a timely basis.
4.4.5.5.4 GTE and DTI shall arrange for the
automated input and periodic updating
of the E911 database information
related to DTI end users. GTE shall
work cooperatively with DTI to ensure
the accuracy of the data transfer by
verifying it against the Master Street
Address Guide ("MSAG"). GTE shall
accept electronically transmitted
files or magnetic tape that conform to
National Emergency Number Association
("NENA") Version #2 format.
4.4.5.5.5 DTI shall assign an E911 database
coordinator charged with the
responsibility of forwarding DTI end
user ALI record information to GTE or
via a third-party entity, charged with
the responsibility of ALI record
transfer. DTI assumes all
responsibility for the accuracy of the
data that DTI provides to GTE.
4.4.5.5.6 GTE shall update the database within
one (1) business day of receiving the
data from DTI. If GTE detects an error
in the DTI provided data, the data
shall be returned to DTI within one
day from when it was provided to GTE.
DTI shall respond to requests from GTE
to make corrections to database record
errors by
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65
uploading corrected records within one
day. Manual entry shall be allowed
only in the event that the system is
not functioning properly.
4.4.5.5.7 GTE agrees to treat all data on DTI
subscribers provided under this
Agreement as strictly confidential and
to use data on DTI subscribers only
for the purpose of providing E911
services.
4.4.5.5.8 GTE shall adopt use of a Carrier Code
(NENA standard five-character field)
on all ALI records received from DTI.
The Carrier Code will be used to
identify the carrier of record in NP
configurations. The XXXX Xxxxxxx Code
for DTI is "DTI"; the XXXX Xxxxxxx
Code for GTE is "GTE."
4.4.5.6 GTE and DTI will comply with the following
requirements for network performance, maintenance
and trouble notification.
4.4.5.6.1 Equipment and circuits used for 911
shall be monitored at all times.
Monitoring of circuits shall be done
to the individual trunk level.
Monitoring shall be conducted by GTE
for trunks between the selective
router and all associated PSAPs.
4.4.5.6.2 Repair service shall begin immediately
upon report of a malfunction. Repair
service includes testing and
diagnostic service from a remote
location, dispatch of or in-person
visit(s) of personnel. Where an
on-site technician is determined to be
required, a technician will be
dispatched without delay.
4.4.5.6.3 GTE shall notify DTI forty-eight (48)
hours in advance of any scheduled
testing or maintenance affecting DTI
911 service. GTE shall provide
notification as soon as possible of
any unscheduled outage affecting DTI
911 service.
4.4.5.6.4 All 911 trunks must be capable of
transporting Baudot Code necessary to
support the use of Telecommunications
Devices for the Deaf ("TTY/TDDs").
4.4.5.7 Basic 911 and E911 Additional Requirements
4.4.5.7.1 All DTI lines that have been ported
via INP shall reach the correct PSAP
when 911 is dialed. Where GTE is the
lead telco and provides the ALI, the
ALI record will contain both the DTI
number and GTE ported number. The PSAP
attendant shall see both numbers where
the PSAP is using a standard ALI
display screen and the PSAP extracts
both numbers from the data that is
sent. GTE shall cooperate with DTI to
ensure that 911 service is fully
available to all DTI end users whose
telephone numbers have been ported
from GTE, consistent with State
provisions.
4.4.5.7.2 DTI and GTE shall be responsible for
reporting all errors, defects and
malfunctions to one another. GTE and
DTI shall provide each other with a
point of contact for reporting errors,
defects, and
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malfunctions in the service and shall
also provide escalation contacts.
4.4.5.7.3 DTI may enter into subcontracts with
third parties, including DTI
Affiliates, for the performance of any
of DTI's duties and obligations stated
herein.
4.4.5.7.4 Where GTE is the lead telco, GTE shall
provide DTI with notification of any
pending selective router moves within
at least ninety (90) days in advance.
4.4.5.7.5 Where GTE is the lead telco, GTE shall
establish a process for the management
of NPA splits by populating the ALI
database with the appropriate new NPA
codes.
4.4.5.7.6 Where GTE is the lead telco, GTE shall
provide the ability for DTI to update
911 database with end user information
for lines that have been ported via
INP or LNP.
4.4.6 Basic 911 and E911 Information Exchanges and interfaces. Where
GTE is the lead telco:
4.4.6.1 GTE shall provide DTI access to the ALI Gateway
which interfaces to the ALI/DMS database. GTE shall
provide error reports from the ALI/DMS database to
DTI within one (1) day after DTI inputs information
into the ALI/DMS database. Alternately, DTI may
utilize GTE or a Third Party entity to enter
subscriber information into the database on a
demand basis, and validate subscriber information
on a demand basis. The rates are set forth in
Appendix H.
4.4.6.2 GTE and DTI shall arrange for the automated input
and periodic updating of the E911 database
information related to DTI end users. GTE shall
work cooperatively with DTI to ensure the accuracy
of the data transfer by verifying it against the
Master Street Address Guide ("MSAG"). GTE shall
accept electronically transmitted files or magnetic
tape that conform to National Emergency Number
Association ("NENA") Version #2 format.
4.4.6.3 Updates to MSAG. Upon receipt of an error recording
an DTI subscriber's address from GTE, and where GTE
is the lead telco, it shall be the responsibility
of DTI to ensure that the address of each of its
end users is included in the Master Street Address
Guide ("MSAG") via information provided on DTI's
Local Service Request ("LSR") or via a separate
feed established by DTI pursuant to Section 4.4.5.7
of this Article.
4.4.6.4 The ALI database shall be managed by GTE, but is
the property of GTE and all participating telephone
companies. The interface between the E911 Switch or
Tandem and the ALI/DMS database for DTI subscriber
shall meet industry standards.
4.5 Compensation. In situations in which GTE is responsible for maintenance
of the 911/E911 database and can be compensated for maintaining DTI's
information by the municipality, GTE will seek such compensation from
the municipality. GTE will seek compensation from DTI only if, and to
the extent, that GTE is unable to obtain such compensation from the
municipality. GTE
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shall charge DTI a portion of the cost of the shared 911/E911 selective
router as set forth in Appendix H.
5. Information Services Traffic.
5.1 Routing. Each Party shall route traffic for Information Services (i.e.
900-976, Internet, weather lines, sports providers, etc.) which
originates on its network to the appropriate Information Service
Platform.
5.2 Billing and Collection and Information Service Provider (ISP)
Remuneration.
5.2.1 In the event GTE performs switching of ISP traffic associated
with resale or unbundled network elements for DTI, GTE shall
provide to DTI GTE's standard call detail records so as to
allow DTI to xxxx its end users. GTE shall not be responsible
or liable to DTI or ISP for Billing and Collection and/or any
receivables of Information Service Providers.
5.2.2 Notwithstanding and in addition to Article III, Section 24,
GTE shall be indemnified and held harmless by CLEC from and
against any and all suits, actions, losses, damages, claims,
or liability of any character, type, or description, including
all expenses of litigation and court cost which may arise as a
result of the provisions contained in this Article VIII,
Section 5.2.1 supra. The indemnity contained in this section
shall survive the termination of this Agreement, for whatever
reason.
5.2.3 GTE agrees to notify DTI in writing within ten (10) working
days, by registered or certified mail at DTI's address of any
claim made against GTE on the obligations indemnified against
pursuant to this Article VIII, Section 5.
5.2.4 It is understood and agreed that the indemnity provided for in
this Article VIII, Section 5 is to be interpreted and enforced
so as to provide indemnification of liability to GTE to the
fullest extent now or hereafter permitted by law.
5.3 900-976 Call Blocking. GTE shall not unilaterally block 900-976 traffic
in which GTE performs switching associated with resale or unbundled
network elements. GTE will block 900-976 traffic when requested to do
so, in writing, by DTI. DTI shall be responsible for all cost
associated with the 900-976 call blocking request. GTE reserves the
right to block any and all calls which may harm or damage its network.
5.4 Miscellaneous. GTE reserves the right to provide to any Information
Service Provider a list of any and all Telecommunications Providers
doing business with GTE.
6. Telephone Relay Service. Local and intraLATA Telephone Relay Service
("TRS") enables deaf, hearing-impaired, or speech-impaired TRS users to
reach other telephone users. With respect to resold services, DTI's end
users will have access to the state authorized TRS provider to the
extent required by the Commission, including any applicable
compensation surcharges.
7. Directory Assistance (DA) and Operator Services (OS). Where DTI is
providing local service with its own switch, upon DTI's request GTE
will provide to DTI rebranded or unbranded directory assistance
services and/or operator services pursuant to separate contracts to be
negotiated in good faith between the Parties. If DTI so requests
directory assistance services and/or operator services, such contracts
shall provide for the following:
7.1 Directory Assistance Calls. GTE directory assistance centers shall
provide number and addresses to DTI end users in the same manner that
number and addresses are provided to
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GTE end users. If information is provided by an automated response unit
("ARU"), such information shall be repeated twice in the same manner in
which it is provided to GTE end users. Where available, GTE will
provide call completion to DTI end users in the same manner that call
completion is provided to GTE end users. GTE will provide its existing
services to DTI end users consistent with the service provided to GTE
end users.
7.2 Operator Services Calls. GTE operator services provided to DTI end
users shall be provided in the same manner GTE operator services are
provided to GTE end users. In accordance with GTE practices and at GTE
rates, GTE will offer to DTI end users collect, person-to-person,
station-to-station calling, Third Party billing, emergency call
assistance, calling card services, credit for calls, time and charges,
notification of the length of call, and real time rating. GTE operators
shall also have the ability to quote DTI rates upon request but only if
there is appropriate cost recovery to GTE and to the extent it can be
provided within the technical limitations of GTE's switches. GTE will
provide its existing services to DTI end users consistent with the
service GTE provides to its own end users.
8. Directory Assistance Listings Information. GTE will include listings in
its directory assistance database for DTI end users in the same
geographic area as GTE provides directory assistance for GTE end users
as specified in Article VI, Section 3.4.
8.1 GTE shall provide to DTI, at DTI's request, for purposes of DTI
providing DTI-branded directory assistance services to its local
customers, within sixty (60) Business Days after an order for such tape
is received, all published DA listings for that specific state via
magnetic tape. Such listings will be Confidential Information under
this Agreement and DTI will use the listings only for its directory
assistance services to its end users. If DTI uses a Third Party
directory assistance service to its end users, DTI will ensure that
such Third Party likewise treats the listings as Confidential
Information under this Agreement, and uses them only for such directory
assistance. Changes to the DA Listing Information shall be updated on a
daily basis through the same means used to transmit the initial list.
DA Listing Information provided shall indicate whether the customer is
a residence or business customer. The rate to be paid by DTI to GTE
will be reasonable and mutually agreed upon.
8.2 The Parties will not release DA Listing Information that includes the
other Party's end user information to Third Parties without the other
Party's written approval. The other Party will inform the Releasing
Party if it desires to have the Releasing Party provide the other
Party's DA Listing Information to the Third Party, in which case, the
Releasing Party shall provide the other Party's DA Listing Information
at the same time as the Releasing Party provides the Releasing Party's
DA Listing Information to the Third Party. The rate to be paid by the
Releasing Party to the other Party shall be no more than the direct
costs of compiling such information. The other Party shall be
responsible for billing the Third Party.
8.3 The Parties will work together to identify and develop procedures for
database error corrections.
9. Directory Listings and Directory Distribution. DTI will be required to
negotiate a separate agreement for directory listings and directory
distribution, except as set forth below, with GTE's directory
publication company.
Listings. DTI agrees to supply GTE on a regularly scheduled basis, at
no charge, and in a mutually agreed upon format (e.g. Ordering and
Billing Forum developed), all listing information for DTI's subscribers
who wish to be listed in any GTE published directory for the relevant
operating area. Listing information will consist of names, addresses
(including city, state and zip code) and telephone numbers. Nothing in
this Agreement shall require GTE to publish a directory where it would
not otherwise do so.
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Listing inclusion in a given directory will be in accordance with GTE's
solely determined directory configuration, scope, and schedules, and
listings will be treated in the same manner as GTE's listings.
Distribution. Upon directory publication, GTE will arrange for the
initial distribution of the directory to service subscribers in the
directory coverage area at no charge.
DTI will supply GTE in a timely manner with all required subscriber
mailing information including non-listed and non-published subscriber
mailing information, to enable GTE to perform its distribution
responsibilities.
10. Busy Line Verification and Busy Line Verification Interrupt. Each Party
shall establish procedures whereby its operator assistance bureau will
coordinate with the operator assistance bureau of the other Party to
provide Busy Line Verification ("BLV") and Busy Line Verification and
Interrupt ("BLVI") services on calls between their respective end
users. Each Party shall route BLV and BLVI inquiries over separate
inward operator services trunks. Each Party's operator assistance
bureau will only verify and/or interrupt the call and will not complete
the call of the end user initiating the BLV or BLVI. Each Party shall
charge the other for the BLV and BLVI services at the rates contained
in Appendix F, or if there is no applicable rate listed in Appendix F,
at the rates in their respective tariffs.
11. SAG. GTE will provide to DTI upon request the Street Address Guide at a
reasonable charge. Two companion files will be provided with the SAG
which lists all services and features at all LSOs, and lists services
and features that are available in a specific LSO.
12. Dialing Format Changes. GTE will provide reasonable notification to DTI
of changes to local dialing format, i.e., 7 to 10 digit, by end office.
13. Operational Support Systems (OSS). GTE shall provide OSS functions to
DTI for ordering, provisioning and billing that are generally available
as described in Appendix I attached to this Agreement. DTI shall pay
GTE for access to GTE's OSS functions consistent with processes defined
in Appendix I.
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ARTICLE IX
COLLOCATION
1. Physical Collocation. GTE shall provide to DTI physical collocation of
equipment pursuant to 47 CFR Section 51.323 necessary for
interconnection or for access to unbundled network elements, provided
that GTE may provide virtual collocation in place of physical
collocation, or in some cases deny a particular collocation request
entirely, if GTE demonstrates that physical collocation, or perhaps
even virtual collocation, is not practical because of technical reasons
or space limitations, as provided in Section 251(c)(6) of the Act. GTE
will work with DTI to install collocation arrangements within 120
calendar days absent extenuating circumstances, GTE will provide such
collocation for purposes of interconnection or access to unbundled
network elements pursuant to the terms and conditions in the applicable
federal and state EIS tariffs.
1.1 Space Planning. In addition to such provisions for space planning and
reservation as may be set forth in the applicable GTE federal and state
EIS tariffs, the parties agree to the following terms and conditions.
1.1.1 GTE has the right to reserve space within its central offices
for its own use based on a 5-year planning horizon.
1.1.2 GTE will notify DTI if it plans to build an addition to a
central office where DTI has collocated facilities, if such
addition would result in a material increase of space
available for collocation.
1.1.3 Should DTI submit to GTE a two-year forecast for space
planning for collocated facilities in a central office, GTE
will, in good faith, consider and discuss such forecast with
DTI when considering space planning or utilization decisions
for such central office; provided, however that any final
space planning or utilization decision shall be made by GTE in
its sole discretion in light of GTE requirements.
1.1.4 Subject to technical feasibility and space limitations, GTE
will make available at applicable federal and state EIS
tariffs such intraoffice facilities as may be necessary to
accommodate projected volumes of DTI traffic.
1.2 Connection to Customer LOOPS and Ports. Facilities for cross-connection
to unbundled loops and ports shall be provided under the applicable GTE
federal tariff for Special Access Cross Connect, until such time as a
local tariff applicable to the facilities used for such
cross-connection is filed.
1.3 Connection to Other Collocated Carriers. Subject to technical
feasibility and space limitations, DTI may interconnect with other
carriers collocated at a GTE central office at which DTI has collocated
facilities; provided, however, that DTI and such other carriers must be
collocated at the GTE central office for the primary purpose of
interconnecting with GTE or accessing GTE's unbundled network elements.
If DTI wants to interconnect with other carriers collocated at a GTE
central office, DTI must provide GTE with thirty Business Days' prior
written notice, during which time GTE may elect to provide the
facilities necessary to accomplish such interconnection. DTI and the
other collocated carriers may provide the necessary interconnection
facilities only if GTE elects not to provide such facilities or fails
to so elect within the thirty day notice period. If GTE elects to
provide interconnection facilities under this section, GTE will provide
this cross connection under the GTE federal tariff for Special Access
Cross Connect, until such time as a local tariff applicable to the
facilities used for such interconnection facilities is filed.
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1.4 Choice of Vendor. DTI may use the vendor of its choice to install,
maintain and repair equipment within DTI's collocated space. Access by
the employees, agents or contractors of such vendor shall be subject to
the same restrictions on access by employees, agents or contractors of
DTI imposed under the applicable GTE federal and state EIS tariffs,
including but not limited to certification and approval by GTE.
1.5 Monitoring. Subject to technical feasibility and space limitations, DTI
may extend its own facilities for remote monitoring of its collocated
equipment to its collocated space. DTI may request that GTE provide the
facilities necessary for such remote monitoring, at which time GTE and
DTI will negotiate in good faith the price, terms and conditions of
remote monitoring by GTE.
1.6 Phone Service. Upon ordering collocated space, DTI may order that its
collocation cage be provided with plain old telephone service (POTS)
commencing at such time as GTE has completed construction of the
collocated space. DTI shall pay separately for any ordered POTS
service.
1.7 Intraoffice Diversity. At DTI's request, GTE will provide diversity for
ingress/egress fiber and power cables where such diversity is available
and subject to technical feasibility and space limitations.
1.8 DTI Proprietary Information. GTE will protect all DTI proprietary
information to the extent required under non-disclosure agreements
existing as of the date GTE completes construction of a physical
collocation space at DTI's request.
1.9 Notification of Modifications. GTE will notify DTI of modifications to
collocation space in accord with the terms of applicable GTE state and
federal EIS tariffs. Additionally, GTE shall notify DTI when major
upgrades are made to the power plants supporting DTI's collocation
space. The following shall constitute such major upgrades:
(a) replacement of a rectifier;
(b) addition or replacement of a new fusing module;
(c) addition or replacement of a power distribution unit frame; or
(d) addition or replacement of modular rectifiers.
1.10 Drawings. When DTI orders collocated space, GTE and DTI will hold a
GTE/Customer meeting in accord with applicable GTE state and federal
EIS tariffs. At such meeting, GTE will provide such drawings of GTE's
central office facility as may be necessary to adequately depict DTI's
proposed collocation space.
1.11 Construction of Space. GTE will construct DTI's collocation space in
accord with the terms and conditions set forth in the applicable GTE
state and federal EIS tariff. Additionally, GTE agrees to the following
terms and conditions regarding construction of collocated space:
1.11.1 Space will be constructed in 100 square foot increments, and
shall be designed so as to prevent unauthorized access.
1.11.2 a standard 100 square foot cage shall have the following
standard features:
(a) eight-foot high, nine gauge chain link panels;
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(b) three of the panels listed at (a) above shall
measure eight by ten feet, the fourth panel shall
measure eight by seven feet;
(c) the door to the cage shall measure eight by three
feet and shall also consist of nine gauge chain
link;
(d) the cage shall be provided with one padlock set,
with GTE retaining one master key;
(e) one ac electrical outlet;
(f) one charger circuit system;
(g) one electrical sub-panel;
(h) such additional lighting as may be necessary;
(i) one fire detection requirement evaluation;
(j) grounding for the cage consistent with COEI.
1.11.3 Modifications to the standard configuration set forth in
Section 1.11.2 can be made on an individual case basis. If
modifications are agreed upon and made by the Parties, GTE
will work with DTI to implement such additional
modifications as may be necessary to ensure that DTI's
collocated space is protected from unauthorized access.
1.11.4 At such time as construction of DTI's collocation space is
approximately 50 percent completed, GTE will give DTI
notification, and such notification shall include scheduled
completion and turnover dates.
1.11.5 Upon completion of construction of collocated space, GTE
will conduct a walk through of the collocated space with
DTI. Should DTI note any deviations from the plan agreed
upon by GTE and DTI at the customer meeting, and if such
deviations were not requested by DTI or not required by law,
GTE shall correct such deviations at its own expense within
5 Business Days.
1.12 Connection Equipment. DTI may provision equipment for the connection of
DTI termination equipment to GTE equipment using either of the
following methods:
1.12.1 DTI may extend an electrical or optical cable from the
terminal within DTI's collocation cage and terminate that
cable at GTE's network.
1.12.2 DTI may install a patch panel within its collocation cage
and then hand the cabling to GTE to extend to and have GTE
terminate that cable at GTE's network.
1.13 Access to DTI Collocation Space. The terms and conditions of access to
DTI's collocation space shall be as set forth in applicable GTE state
and federal EIS tariffs. Additionally, GTE agrees that the following
terms and conditions shall apply to access:
1.13.1 GTE shall implement adequate measures to control access to
collocation cages.
1.13.2 Collocation space shall comply with all applicable fire and
safety codes.
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1.13.3 Doors with removable hinges or inadequate strength shall be
monitored by an alarm connected to a manned site. All other
alarms monitoring DTI collocation space provided by GTE
shall also be connected to a manned site. DTI may, at its
option, provide its own intrusion alarms for its collocated
space.
1.13.4 GTE shall control janitorial access to collocation cages,
and restrict such access to approved and certified
employees, agents or contractors.
1.13.5 GTE shall establish procedures for access to collocation
cages by GTE and non- GTE emergency personnel, and shall not
allow access by security guards unless such access comports
with this section and is otherwise allowed under applicable
GTE state and federal EIS tariffs.
1.13.6 GTE shall retain a master key to DTI's collocation space for
use only in event of emergency as detailed in applicable GTE
state and federal tariffs. At DTI's option, the Parties
shall review key control procedures no more frequently than
once in any twelve month period. At any time, DTI may elect
to change keys if it suspects key control has been lost,
provided, however, that GTE will be provided with a master
key in accord with this section.
1.13.7 Not more frequently than once a year, DTI may audit the
security and access procedures and equipment applicable to
its collocated space and the central office housing the
collocation space. Access by personnel necessary to conduct
such an audit shall be limited as set forth in applicable
GTE state and federal EIS tariffs. Should DTI identify
deficiencies in security and access procedures and equipment
as a result of such audit, the cost, terms and conditions of
the correction of such deficiencies shall be negotiated in
good faith between the parties.
2. Virtual Collocation. Subject to Section 1 of this Article IX, GTE will
provide virtual collocation for purposes of interconnection or access
to unbundled network elements pursuant to the terms and conditions in
the applicable GTE federal and state EIS tariffs. In addition, GTE
agrees that the terms and conditions set forth in this Section 2 of
this Article IX, shall apply to virtual collocation provided to DTI.
2.1 Existing Virtual Collocation. If, on the effective date of this
Agreement, DTI is virtually collocated in a GTE premise, DTI may (I)
elect to retain its virtual collocation arrangement in that premise or
(ii) unless it is not practical for technical reasons or because of
space limitations, convert its virtual collocation arrangement at that
premise to physical collocation. If DTI elects the latter option, DTI's
request shall be treated as a new physical collocation request and DTI
shall pay GTE at the applicable tariff rates for construction and
rearrangement of DTI's equipment as well as all applicable tariffed
physical collocation recurring charges.
2.2 Conversion from Physical to Virtual. Unless it is not practical for
technical reasons or because of space limitations, DTI may convert a
physical collocation arrangement to a virtual collocation arrangement.
DTI's request to do so shall be treated as a new virtual collocation
request and DTI shall pay GTE at the applicable tariff rates for
construction and rearrangement of DTI's equipment as well as all
applicable tariffed virtual collocation recurring charges. If DTI
elects to change to a virtual collocation arrangement pursuant to this
section, GTE will not refund previous payments for physical collocation
received from DTI.
2.3 Vendors. Choice of vendors for equipment used for virtual collocation
shall be under the terms and conditions set forth in the applicable GTE
federal and state EIS tariff. Upon request by DTI,
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GTE shall provide a list of locally qualified vendors approved
for the type of equipment to be collocated.
2.4 Inspection. Upon provision of virtual collocation by GTE, the Parties
shall agree on a mutually acceptable schedule whereby DTI may inspect
the equipment in its virtual collocation space.
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ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
To the extent required by the Act, GTE and DTI shall each afford to the other
access to the poles, ducts, conduits rights of way it owns or controls on terms,
conditions and prices comparable to those offered to any other entity pursuant
to each Parties tariffs and/or standard agreements. Accordingly, GTE and DTI
shall execute pole attachment and conduit occupancy agreements in the form set
forth in Appendices I and J.
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IN WITNESS WHEREOF, each Party has executed this Agreement to be effective as of
the date first above written.
GTE SOUTHWEST INCORPORATED; DIGITAL TELEPORT, INC.
GTE ARKANSAS INCORPORATED;
GET MIDWEST INCORPORATED
By /s/ Xxxxxx Xxxxxxxx By /s/ X. X. Xxxxxx
----------------------------- -----------------------------
Name Xxxxxx Xxxxxxxx Name X.X. Xxxxxx
--------------------------- ---------------------------
Assistant Vice President
Title Wholesale Market Interconnection Title Vice President IC Support
---------------------------------- --------------------------
Date November 7, 1997 Date 10/20/97
--------------------------- ---------------------------
77
APPENDIX A
GTE PERFORMANCE MEASURES (PM)
Pursuant to Article III of this Agreement, the following terms and conditions
shall apply regarding the performance measures set forth in this Appendix A. The
Parties recognize that these performance measures are new and evolving, and as
further evolution is made by GTE, the parties will discuss the changed
procedures, including new standard processes and procedures, if any, for the
purpose of applying them to and incorporating them in this Agreement.
GTE'S PERFORMANCE MEASURES (PMs) as set forth in this Appendix implement
standards to measure the quality of services supplied by GTE with respect to
pre-ordering, order/provisioning, maintenance and billing that is equivalent in
equality to what GTE provides to itself. GTE's PMs contain measures for both GTE
and DTI with the measures for DTI being considered an essential element for GTE
meeting customer expectations.
GTE's PMs are conditioned upon a 150 order per month minimum requirement as
described below for Service Units, as a threshold for providing Financial
Incentives for certain PMs. The 150 order per month requirement for Service
Units was developed to provide a statistically valid sample size to measure
GTE's performance for DTI in relationship to the level of performance GTE
provides to its own customers. Service Units are defined to include unbundled
loops, unbundled ports, resold local service lines, INP ported numbers, and
interconnection trunks.
GTE will begin recording of performance data in the first full month in which it
receives the first official order from DTI. GTE's report of performance measures
to DTI, however, will begin after 6 months of data recording; i.e., for data
recorded in the seventh full month. Each month's report will then be reported as
a rolling 3-month result (i.e., July's report will actually include May, June,
July data). The calculation of DTI performance will be based on this 3 month
rolling average of actual performance unless otherwise specified.
Reporting will be available monthly, or at a longer interval, as requested by
DTI. The details of report delivery shall be agreed upon between DTI and the
appropriate GTE Account Management group.
FORECASTING PERFORMANCE MEASUREMENT - GTE's PMs are conditioned upon the
requirement, as described more fully below, that DTI submit timely and accurate
forecasts. The Forecasting PM includes provisions that measure the accuracy of
DTI's forecast by comparing forecasted Service Units to ordered Service Units
for the same period.
DTI shall furnish a quarterly forecast of service order volumes and quantities
of resold local services, unbundled network elements, and interconnection trunks
on a State-wide basis, identifying these volumes/quantities by month, for each
month included in the quarter. These forecasts shall be received by GTE at least
one month before the beginning of the quarter covered by the forecast. Should
the first month of the next quarterly forecast be greater than ten (10%) percent
of the last month of the current quarterly forecast, DTI shall notify GTE
promptly of the increased order volume. Notification shall be made to the
appropriate GTE Account Management group in order to allow sufficient "lead
time" to ensure staffing levels are available to support the increased order
volumes.
DTI must agree to comply with the requirements of the Forecasting PM as the
basis for the application of Financial Incentives described below. If DTI
chooses not to comply with the Forecasting PM, Financial Incentives will not
apply. For purposes of applying Financial Incentives the accuracy of forecasts
will be determined at the state level.
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The measurement and reporting of GTE's PMs will still be made available as
stated above regardless of DTI's election for the Forecasting PM.
FINANCIAL INCENTIVES - When DTI agrees to the Forecasting PM described above,
Financial Incentives will begin concurrently with reporting of individual DTI
performance data except as specified below for the
Pre-Ordering/Ordering/Provisioning and Interconnection PMs.
Financial Incentives will apply to Maintenance/Repair PMs without restriction
other than DTI's participation in the Forecasting PM.
Financial Incentives will apply to Pre-Ordering/Ordering/Provisioning and
Interconnection PMs subject to DTI's participation in the Forecasting PM and the
required per month ordering threshold. DTI must place a 150 orders per month
minimum for Service Units, by state, for three (3) consecutive months (hereafter
the "150-order requirement"). Once DTI's order volume reaches the "150-order
requirement", a ninety (90) day grace period will begin wherein data will be
accumulated and reviewed. At the end of that ninety (90) day grace period,
applicable Financial Incentives shall apply. The three (3) consecutive months
and the subsequent ninety (90) day grace period may be concurrent with all or
part of the beginning six (6) month period after recording of official data
begins, between initial order activity and the implementation of performance
reporting (i.e., month 7 data).
For purposes of applying Financial Incentives to the Forecasting PM, if DTI's
actual order activity for Service Units in a given month is below the forecast
for that month by more than 10%, Financial Incentives will apply only to the
incremental Service Units that were forecasted but not ordered; i.e., the
difference between the actual quantity ordered and the quantity which reflects
the forecast less 10%.
For purposes of applying Financial Incentives to the Pre-ordering/Ordering/
Provisioning and Interconnection PM, if DTI's actual order activity for Service
Units in a given month exceeds the forecast for that month by more than 10%,
Financial Incentives will not apply.
Average Non-Recurring Charges - The averages are calculated by dividing the sum
of all non-recurring charges applied to service orders issued by DTI to GTE by
the total number of orders or the total number of Service Units ordered. These
calculations will be made by service activity and service category: Business
(Single/Multi-line, Centranet, PBX, Trunks), Residence, etc. The average
Non-Recurring Charges will be separately calculated for field work and non-field
work orders. These averages and a weighting factor for field and non-field work
will be calculated during a study period to be mutually agreed between the
Parties. The initial average Non-Recurring Charge calculation will occur within
three (3) months of DTI's initial issuance of official orders. The average
Non-Recurring Charge shall be recalculated annually as mutually agreed between
the Parties.
Average Recurring Charges - The averages are calculated by dividing the sum of
all recurring charges applied to service orders issued by DTI to GTE by the
total number of orders or Service Units ordered. These averages will be
calculated during a study period to be mutually agreed between the Parties.
These calculations will be made by service activity and service category,
Business, Residence, etc. The initial average Recurring Charge calculation will
occur within three (3) months of DTI's initial issuance of official orders. The
average Recurring Charges shall be recalculated annually as mutually agreed
between the Parties.
A-2
79
A-3
80
GTE PERFORMANCE MEASURES WITH FINANCIAL INCENTIVES
PRE-ORDERING/ORDERING/PROVISIONING
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
1 GTE National Prompt transmission 85% of CSR's sent to 5% of average NRC
of Customer Service DTI by the close of incurred by DTI
Record (CSR) business on business for the number of
Information day following CSR's for which
receipt of request the Quality
Standard is not
met in the
reported month
--------------- --------------- ------------------- --------------------- ---------------------- ------------------
2 GTE National Prompt transmission 85% of LSC's sent 20% of average NRC
of Local Service to DTI by the close of incurred by DTI
Confirmation (LSC) business on business for the lines
day following ordered for which
receipt of request GTE failed to meet
the Quality
Standard in the
reported month
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
3 GTE State Due Date Percent of DTI Waiver of the
commitments met customer install, average NRC
transfer, and change installation
service orders for charges for the
which service is number of lines by
installed by close which GTE fails to
of business on the meet the Quality
committed due date Standard in the
is not more than reported month
2.5% below the
percent of GTE
customer install,
transfer, and change
service orders
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
A-4
81
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
4 GTE State % reporting trouble Percent of DTI One month's
within 30 days of customer install, average MRC per
the date installed transfer, and change trouble report
service orders which exceeding the
are followed by a Quality Standard
customer trouble in the reported
report within 30 month (not to
days of service exceed one month's
order completion credit per
date is not more customer line
than 2.5% worse than month)
the percent GTE
customer install,
transfer, and change
service orders which
are followed by a
customer trouble
report within 30
days of service
order completion
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
5 GTE State Service Order 80% of LSR's Payment by DTI to
discrepancy: LSR's initiated by DTI's GTE equal to 20%
issued without do not contain an of the average NRC
material errors order discrepancy or installation
error: 90% in 12 charges for the
months. Final number of lines
target - 95% which DTI fails to
meet the Quality
Standard in the
reported month
--------------- --------------- ------------------- --------------------- ---------------------- --------------------
A-5
82
INTERCONNECTION
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
1 GTE State Trunk orders Percent of trunk Waiver of 100% of
completed on or orders by DTI average NRC for
before the completed by GTE on trunks ordered fro
Committed Due Date or before the which GTE failed to
commitment date is meet the Quality
not more than 10% Standard in the
below the percent reported month
of FG B/D Switched
access orders by
all ordering
companies completed
by GTE on or before
the commitment date
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
2 GTE National Firm Order Percent of trunk Waiver of 20%
Confirmation (FOC) orders by DTI average of average
on time delivery completed by GTE on NRC installation for
or before the trunks for which GTE
commitment date is failed to meet the
not more than 5% Quality Standard in
below the percent the reported month
of FG B/D Switched
access by all
ordering companies
for which GTE sends
FOC (within 5 days,
or longer , as
requested by DTI)
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
A-6
83
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
3 DTI National Service Order 80% of ASR's Charge equal to 20%
discrepancy: ASR's initiated by DTI do of average NRC
issued without not contain installation of
material errors material error or trunks ordered for
result in which DTI failed to
discrepancy; 90% in meet the Quality
12 months. Final Standard in the
target 95% reported month
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
A-7
84
MAINTENANCE/REPAIR
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
1 GTE State Percent Commitments Percent of DTI One month's flat
Met customer Network rate average MRC per
trouble reports line out of service
where commitment for which Quality
was meet more than Standard is not met
2.5% worse than the in the reported month
percent of GTE's
customer Network
trouble reports
where commitment
was met (excluding
reports which are
cleared CPE, DTI
customer error)
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
A-8
85
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
2 GTE State Average clearing Average repair time One month's flat
time - Out of (total number of rate average MRC per
Service (OOS) - elapsed hours/ line OOS for which
Designed minutes for OOS DTI Quality Standard is
customer Network not met in the
trouble reports reported month
divided by total
number OOS customer
Network trouble
reports) for DTI
customers is more
than 10% of the
average repair time
for GTE customers
(includes only
"Designed" services)
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
A-9
86
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
3 GTE State Average clearing Average repair time One month's flat
time - Out of (total number of rate average MRC per
Service (OOS) - elapsed line OOS for which
Non-Designed hours/minutes for Quality Standard is
OOS DTI customer not met in the
Network trouble reported month
reports divided by
total number OOS
customer Network
trouble reports)
for DTI customers
is more than 10% of
the average repair
time for GTE
customers (includes
only POTS and
circuits which do
not require a
design)
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
4 GTE State Percent reports per Percent of DTI Within six (6)
100 (Failure customers making months of effective
Frequency) trouble reports date, GTE will have
(total number of established a
DTI customer minimum access line
Network trouble threshold.
reports divided by
the total access One month's flat
lines multiplied by rate average MRC per
100) is not worse line OOS for which
than .5 percent Quality Standard is
points of the not met in the
percentage of GTE reported month.
customers making
trouble reports
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
A-10
87
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
5 GTE State Percent repeat Percent of DTI One month's flat
reports in 30 days customer repeat rate average MRC per
trouble reports line OOS for which
(total number of Quality Standard is
DTI customer not met in the
Network trouble reported month
reports which had a
previous Network
trouble report
within the last 30
days divided by the
total of customer
Network trouble
reports multiplied
by 100) is not more
than 2.5% worse
than the percent of
GTE customer repeat
trouble reports
--------------- --------------- ------------------ --------------------- --------------------- ----------------------
**NOTE: OUTAGE CREDITS: LOCAL SERVICE AND UNBUNDLED NETWORK ELEMENTS: OUTAGE
CREDITS APPLY TO INTERRUPTIONS OF LOCAL SERVICES AND UNBUNDLED NETWORK ELEMENTS
IN ACCORDANCE WITH APPLICABLE STATE PUBLIC SERVICE COMMISSION REQUIREMENTS. IF A
LOCAL SERVICE OR UNBUNDLED NETWORK ELEMENT IS INTERRUPTED, DTI WILL BE ENTITLED
TO OUTAGE CREDITS. AN INTERRUPTION PERIOD BEGINS WHEN DTI REPORTS TO GTE THAT A
LOCAL SERVICE OR UNBUNDLED NETWORK ELEMENT IS INTERRUPTED (OR GTE HAS KNOWLEDGE
THAT AN INTERRUPTION HAS OCCURRED THROUGH SERVICE MONITORING OR OTHER MEANS). AN
INTERRUPTION PERIOD ENDS WHEN THE LOCAL SERVICE IS REPAIRED AND RETURNED TO DTI.
A LOCAL SERVICE OR UNBUNDLED NETWORK ELEMENT IS CONSIDERED TO BE INTERRUPTED
WHEN THERE HAS BEEN A LOSS OF CONTINUITY, THE LOCAL SERVICE OR UNBUNDLED NETWORK
ELEMENT DOES NOT OPERATE IN ACCORDANCE WITH THE APPLICABLE SERVICE STANDARDS, OR
IT IS OTHERWISE UNAVAILABLE FOR USE BY DTI. THIS DEFINITION IS NOT INTENDED TO
CONFLICT WITH STATE PUBLIC UTILITY COMMISSION REQUIREMENTS.
A-11
88
FORECASTING
--------------- --------------- ----------------- ---------------------- --------------------- ----------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE (PM) STANDARD INCENTIVE
--------------- --------------- ----------------- ---------------------- --------------------- ----------------------
1 DTI State Service Units Volume of DTI's 20% of the average
requirements Service Units NRC for the number of
accurately forecast requirements in a service units below the
all volumes for each month is not forecast when the
month contained in greater than 10% actual volumes are
the quarterly report. below the amount greater than 10%
forecast by DTI in and less than or
it's most recent equal to 30% under
quarterly forecast forecast. 40% of
(which shall have the average NRC for
been made not later the number of
than 30 days prior service units below
to the quarter in the forecast when
question) the actual volumes
are greater than 30%
and less than or
equal to 40% under
the forecast. 50%
of the average NRC
for the number of
service units below
the forecast when the
actual volumes are over
40% under the forecast.
--------------- --------------- ----------------- ---------------------- --------------------- ----------------------
X-00
00
XXXXXXXX X
SERVICE MATRIX
Date
------------------
Service Location
(identified by tandem serving IP Services
area) (identified by CLLI code) (identified by )
---------------
--------------------------------------- -------------------------------------- --------------------------------------
TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED
B-1
90
APPENDIX C
INTERCONNECTION, TELECOMMUNICATIONS SERVICES
AND FACILITIES AGREEMENT
BETWEEN
GTE ARKANSAS INCORPORATED
GTE MIDWEST INCORPORATED
AND
DIGITAL TELEPORT, INC.
AMENDMENT NO.
THIS AMENDMENT (herein so called) is made effective as of __________________,
199__ , by and between GTE Arkansas Incorporated/GTE Midwest Incorporated
("GTE") and Digital Teleport, Inc. ("DTI"). GTE and DTI are sometimes referred
to herein collectively as the "Parties" and individually as a "Party." Either
GTE or DTI may be referred to as "Provider" or "Customer" as the context
requires.
WHEREAS, Provider is providing to Customer and Customer is purchasing from
Provider those Services described in that certain Interconnection,
Telecommunications Services and Facilities Agreement for the State of
_______________ by and between GTE and DTI dated effective as of
______________, 199__ (the "Agreement"); and
WHEREAS, the Parties desire to amend the Agreement as provided in this
Amendment.
NOW, THEREFORE, in consideration of the terms and conditions contained in this
Amendment, the Parties agree as follows:
1.
2. ADDITIONAL SERVICES [IF APPLICABLE]
2.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following services under the terms and conditions set
forth in the Agreement and within the service attachment listed below
and attached to this Amendment:
Service Attachment _______ - ________________________
2.2 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, ___________________is made a part of
the Services provided under the Agreement and Service Attachment
___________________shall be deemed to be a Service Attachment to the
Agreement.
2.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, Appendix B, Service Matrix, to the
Agreement is hereby deleted and Appendix B, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect the additional
Services and related Service Locations.
C-1
91
3. SERVICE LOCATIONS [IF APPLICABLE]
3.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following Services in the following locations:
C-2
92
Service Location Services
(identified by tandem IP (identified by Service
serving area) (identified by CLLI code) Attachment Number)
--------------------------------------------------------------------------------
3.2 As of the effective date of this Amendment, the locations set forth in
Section 3.1 above shall be deemed Service Locations under the
Agreement.
3.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, Appendix B, Service Matrix, to the
Agreement is hereby deleted and Appendix B, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect additional
Service Locations.
4. INTERPRETATION
All capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Agreement.
5. EFFECT
Except as modified herein, the Agreement shall remain in full force and
effect.
6. AUTHORITY
Each person whose signature appears below represents and warrants that
he or she has the authority to bind the Party on whose behalf he or she
has executed this Amendment.
7. MULTIPLE COUNTERPARTS
This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one
and the same instrument.
8. NO OFFER
Submission of this Amendment for examination or signature does not
constitute an offer by Provider for the provision of the products or
services described herein. This Amendment will be effective only upon
execution by both Provider and Customer.
C-3
93
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date or
dates written below effective as of the date first above written.
GTE ARKANSAS INCORPORATED DIGITAL TELEPORT, INC.
GTE MIDWEST INCORPORATED
By By
------------------------------- ------------------------------
Name Name
----------------------------- ----------------------------
Title Title
---------------------------- ---------------------------
Date Date
----------------------------- ----------------------------
X-0
00
XXXXXXXX X
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC
General. The rates contained in this Appendix D are the rates as defined in
Article V and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
Each Party will xxxx the other Party as appropriate:
A. The Local Interconnection rate element that applies to Local
Traffic on a minute of use basis that each Party switches for
termination purposes at its wire centers. The local
interconnection rate is $0.0056564.
B. The Tandem Switching rate element that applies to tandem
routed Local Traffic on a minute of use basis. This rate
includes tandem transport, but does not include the local
interconnection charge. The tandem switching rate is
$0.0006351.
C. The Common Transport Facility rate element that applies to
tandem routed Local Traffic on a per minute/per mile basis.
The Common Transport Facility rate is $0.0000106.
D. The Common Transport Terminal element that applies to tandem
routed Local Traffic on a per minute/per termination basis.
The Common Transport Termination rate is $0.0001333.
X-0
00
XXXXXXXX X
RATES AND CHARGES FOR LOCAL NUMBER PORTABILITY USING RCF
General. The rates contained in this Appendix E are as defined in Article V,
Section 7, and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
In addition, as defined in Article V, Section 3.2.3, the Party providing the
ported number will pay the other Party the rate per line per month for each
ported business line and the rate per line per month for each ported residential
line for the sharing of Access Charges on calls to ported numbers.
Business Rate Per Line Per Month: $ 4.72
Residential Rate Per Line Per Month: $ 2.60
SERVICE NUMBER PORTABILITY
Remote Call Forwarding $ 4.60 line/month
Simultaneous Call Capability $ 3.40 path/month
Non-recurring for Portability $10.50
X-0
00
XXXXXXXX X
SERVICES AVAILABLE FOR RESALE
General. The rates contained in this Appendix F are based upon an avoided cost
discount from GTE's retail rates as provided in Article VI, Section 5.3 of the
Agreement to which this Appendix F is attached and are subject to change
resulting from future Commission or other proceedings, including but not limited
to any generic proceeding to determine GTE's unrecovered costs (e.g., historic
costs, contribution, undepreciated reserve deficiency, or similar unrecovered
GTE costs (including GTE's interim Universal Service Support Surcharge)), the
establishment of a competitively neutral universal service system, or any appeal
or other litigation.
NON-RECURRING CHARGES FOR RESALE SERVICES
Initial Service Order, per order $41.50
Subsequent Service Order, per order $24.00
Installation, per line $28.75
Outside Facility Connection Charge, per order* $Tariffed
*This charge will apply when field work is required for establishment of new
resale service. The terms, conditions and rates that apply for this work are
described in GTE's retail local service tariffs.
F-1
97
Issue Date: 06/26/97
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
5 BASIC LOCAL EXCHANGE SERVICES:
SCHEDULE A STRUCTURE - RATE GROUP 1 - FLAT RATE SERVICE
OK GTE Business:
OK GTE One Party MRC Yes Yes
OK GTE Manual Trunk MRC Yes Yes
OK GTE Automatic Trunk MRC Yes Yes
OK GTE Residence:
OK GTE One Party MRC No No
SCHEDULE A STRUCTURE - RATE GROUP 2 - FLAT RATE SERVICE
Business:
OK GTE One Party MRC Yes Yes
OK GTE Manual Trunk MRC Yes Yes
OK GTE Automatic Trunk MRC Yes Yes
Residence:
OK GTE One Party MRC No No
SCHEDULE A STRUCTURE - RATE GROUP 3 - FLAT RATE SERVICE
Business:
OK GTE One Party MRC Yes Yes
OK GTE Manual Trunk MRC Yes Yes
OK GTE Automatic Trunk MRC Yes Yes
Residence:
OK GTE One Party MRC No No
OK GTE SCHEDULE A NETWORK MODERNIZATION SURCHARGE (PER ACCESS LINE) MRC Yes No
SCHEDULE B STRUCTURE - RATE GROUP 1 - FLAT RATE SERVICE
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ---- ---- ----
5 BASIC LOCAL EXCHANGE SERVICES:
SCHEDULE A STRUCTURE - RATE GROUP 1 - FLAT RATE SERVICE
OK GTE Business:
OK GTE One Party $24.25 $2.65 $21.60
OK GTE Manual Trunk $24.25 $2.65 $21.60
OK GTE Automatic Trunk $24.25 $2.65 $21.60
OK GTE Residence:
OK GTE One Party $11.80 N/A N/A
SCHEDULE A STRUCTURE - RATE GROUP 2 - FLAT RATE SERVICE
Business:
OK GTE One Party $27.30 $2.98 $24.32
OK GTE Manual Trunk $27.30 $2.98 $24.32
OK GTE Automatic Trunk $27.30 $2.98 $24.32
Residence:
OK GTE One Party $12.90 N/A N/A
SCHEDULE A STRUCTURE - RATE GROUP 3 - FLAT RATE SERVICE
Business:
OK GTE One Party $35.63 $3.89 $31.74
OK GTE Manual Trunk $35.63 $3.89 $31.74
OK GTE Automatic Trunk $35.63 $3.89 $31.74
Residence:
OK GTE One Party $12.97 N/A N/A
OK GTE Schedule A Network Modernization Surcharge (per access line) $1.86 n/a $1.86
SCHEDULE B STRUCTURE - RATE GROUP 1 - FLAT RATE SERVICE
Page 1
98
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
Business:
OK GTE One Party MRC Yes Yes
OK GTE Rural Four Party MRC Yes Yes
OK GTE Manual Trunk MRC Yes Yes
OK GTE Automatic Trunk MRC Yes Yes
Residence:
OK GTE One Party MRC No No
Two Party MRC No No
SCHEDULE B STRUCTURE - RATE GROUP 2 - FLAT RATE SERVICE
OK GTE Business:
OK GTE One Party MRC Yes Yes
OK GTE Rural Four Party MRC Yes Yes
OK GTE Manual Trunk MRC Yes Yes
OK GTE Automatic Trunk MRC Yes Yes
Residence:
OK GTE One Party MRC No No
OK GTE Two Party MRC No No
SCHEDULE B STRUCTURE - RATE GROUP 3 - FLAT RATE SERVICE
Business:
OK GTE One Party MRC Yes Yes
OK GTE Rural Four Party MRC Yes Yes
OK GTE Manual Trunk MRC Yes Yes
OK GTE Automatic Trunk MRC Yes Yes
Residence:
OK GTE One Party MRC No No
OK GTE Two Party MRC No No
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------ -------
Business:
OK GTE One Party $24.25 $2.65 $21.60
OK GTE Rural Four Party $23.45 $2.56 $20.89
OK GTE Manual Trunk $24.25 $2.65 $21.60
OK GTE Automatic Trunk $24.25 $2.65 $21.60
Residence:
OK GTE One Party $11.80 N/A N/A
Two Party $10.65 N/A N/A
SCHEDULE B STRUCTURE - RATE GROUP 2 - FLAT RATE SERVICE
OK GTE Business:
OK GTE One Party $27.30 $2.98 $24.32
OK GTE Rural Four Party $25.70 $2.81 $22.89
OK GTE Manual Trunk $27.30 $2.98 $24.32
OK GTE Automatic Trunk $27.30 $2.98 $24.32
Residence:
OK GTE One Party $12.90 N/A N/A
OK GTE Two Party $11.60 N/A N/A
SCHEDULE B STRUCTURE - RATE GROUP 3 - FLAT RATE SERVICE
Business:
OK GTE One Party $36.09 $3.94 $32.15
OK GTE Rural Four Party $33.82 $3.70 $30.12
OK GTE Manual Trunk $36.09 $3.94 $32.15
OK GTE Automatic Trunk $36.09 $3.94 $32.15
Residence:
OK GTE One Party $12.97 N/A N/A
OK GTE Two Party $11.62 N/A N/A
Page 2
99
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OPTIONAL MEASURED SERVICE:
Metro:
OK GTE Business Access Line MRC Yes Yes
OK GTE Residence Access Line MRC No No
Non-Metro:
OK GTE Business Access Line MRC Yes Yes
OK GTE Residence Access Line MRC No No
Detail Billing Option:
OK GTE Subscription Fee MRC No No
OK GTE Charge per Xxxx Xxxx USAGE No No
OK GTE Associate Number Non-Aggregation MRC No No
Local Usage: (See Footnote: 5)
OK GTE Day Rate - Home Exchange - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 0 to 7 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 8 to 14 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 15 to 21 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 21 to 28 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - Over 28 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - Home Exchange - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 0 to 7 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 8 to 14 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 15 to 21 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 21 to 28 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - Over 28 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - Home Exchange - Each Additional Minute Charge USAGE Yes Yes
OK GTE Day Rate - 0 to 7 Miles - Each Additional Minute Charge USAGE Yes Yes
OK GTE Day Rate - 8 to 14 Miles - Each Additional Minute Charge USAGE Yes Yes
OK GTE Day Rate - 15 to 21 Miles - Each Additional Minute Charge USAGE Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------- -------
OPTIONAL MEASURED SERVICE:
Metro:
OK GTE Business Access Line $18.00 $1.97 $16.03
OK GTE Residence Access Line $6.50 N/A N/A
Non-Metro:
OK GTE Business Access Line $14.00 $1.53 $12.47
OK GTE Residence Access Line $5.80 N/A N/A
Detail Billing Option:
OK GTE Subscription Fee $1.00 N/A N/A
OK GTE Charge per Xxxx Xxxx $0.20 N/A N/A
OK GTE Associate Number Non-Aggregation $1.00 N/A N/A
Local Usage: (See Footnote: 5)
OK GTE Day Rate - Home Exchange - Initial Minute Charge $0.041 $0.004 $0.037
OK GTE Day Rate - 0 to 7 Miles - Initial Minute Charge $0.051 $0.006 $0.045
OK GTE Day Rate - 8 to 14 Miles - Initial Minute Charge $0.071 $0.008 $0.063
OK GTE Day Rate - 15 to 21 Miles - Initial Minute Charge $0.091 $0.010 $0.081
OK GTE Day Rate - 21 to 28 Miles - Initial Minute Charge $0.111 $0.012 $0.099
OK GTE Day Rate - Over 28 Miles - Initial Minute Charge $0.130 $0.014 $0.116
OK GTE Night/Weekend Rate - Home Exchange - Initial Minute Charge $0.025 $0.003 $0.022
OK GTE Night/Weekend Rate - 0 to 7 Miles - Initial Minute Charge $0.031 $0.003 $0.028
OK GTE Night/Weekend Rate - 8 to 14 Miles - Initial Minute Charge $0.043 $0.005 $0.038
OK GTE Night/Weekend Rate - 15 to 21 Miles - Initial Minute Charge $0.055 $0.006 $0.049
OK GTE Night/Weekend Rate - 21 to 28 Miles - Initial Minute Charge $0.067 $0.007 $0.060
OK GTE Night/Weekend Rate - Over 28 Miles - Initial Minute Charge $0.078 $0.009 $0.069
OK GTE Day Rate - Home Exchange - Each Additional Minute Charge $0.016 $0.002 $0.014
OK GTE Day Rate - 0 to 7 Miles - Each Additional Minute Charge $0.020 $0.002 $0.018
OK GTE Day Rate - 8 to 14 Miles - Each Additional Minute Charge $0.028 $0.003 $0.025
OK GTE Day Rate - 15 to 21 Miles - Each Additional Minute Charge $0.036 $0.004 $0.032
Page 3
100
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE Day Rate - 21 to 28 Miles - Each Additional Minute Charge USAGE Yes Yes
OK GTE Day Rate - Over 28 Miles - Each Additional Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - Home Exchange - Each Additional Minute USAGE Yes Yes
OK GTE Night/Weekend Rate - 0 to 7 Miles - Each Additional Minute Char USAGE Yes Yes
OK GTE Night/Weekend Rate - 8 to 14 Miles - Each Additional Minute Cha USAGE Yes Yes
OK GTE Night/Weekend Rate - 15 to 21 Miles - Each Additional Minute Ch USAGE Yes Yes
OK GTE Night/Weekend Rate - 21 to 28 Miles - Each Additional Minute Ch USAGE Yes Yes
OK GTE Night/Weekend Rate - Over 28 Miles - Each Additional Minute Ch USAGE Yes Yes
OK GTE CENTRAL OFFICE BRIDGING FOR FIRE BAR MRC Yes No
7 DIRECTORY LISTINGS:
Business
OK GTE Additional Listing MRC No No
OK GTE NonPublish Service MRC No No
Residence:
OK GTE Additional Listing MRC No No
OK GTE NonPublish Service MRC No No
OK GTE Family Plan MRC No No
9 MISCELLANEOUS SERVICES:
OK GTE Rotary Hunting Line Charge MRC Yes Yes
OK GTE Multiple Copies of Customer Bills MRC No No
OK GTE Special Billing Numbers (incremenets of 1-25 numbers) MRC No No
OK GTE DID Trunk Termination MRC Yes Yes
OK GTE DID Trunk Termination NRC Yes No
OK GTE DID - Block of 20 Numbers MRC Yes Yes
OK GTE DID - Block of 100 Numbers MRC Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------- ------
OK GTE Day Rate - 21 to 28 Miles - Each Additional Minute Charge $0.044 $0.005 $0.039
OK GTE Day Rate - Over 28 Miles - Each Additional Minute Charge $0.051 $0.006 $0.045
OK GTE Night/Weekend Rate - Home Exchange - Each Additional Minute $0.010 $0.001 $0.009
OK GTE Night/Weekend Rate - 0 to 7 Miles - Each Additional Minute Char $0.012 $0.001 $0.011
OK GTE Night/Weekend Rate - 8 to 14 Miles - Each Additional Minute Cha $0.017 $0.002 $0.015
OK GTE Night/Weekend Rate - 15 to 21 Miles - Each Additional Minute Ch $0.022 $0.002 $0.020
OK GTE Night/Weekend Rate - 21 to 28 Miles - Each Additional Minute Ch $0.026 $0.003 $0.023
OK GTE Night/Weekend Rate - Over 28 Miles - Each Additional Minute Ch $0.031 $0.003 $0.028
OK GTE CENTRAL OFFICE BRIDGING FOR FIRE BAR $1.00 N/A $1.00
7 DIRECTORY LISTINGS:
Business
OK GTE Additional Listing $1.25 N/A N/A
OK GTE NonPublish Service $1.90 N/A N/A
Residence:
OK GTE Additional Listing $0.60 N/A N/A
OK GTE NonPublish Service $1.90 N/A N/A
OK GTE Family Plan $0.75 N/A N/A
9 MISCELLANEOUS SERVICES:
OK GTE Rotary Hunting Line Charge $2.90 $0.32 $2.58
OK GTE Multiple Copies of Customer Bills $1.00 N/A N/A
OK GTE Special Billing Numbers (incremenets of 1-25 numbers) $3.15 N/A N/A
OK GTE DID Trunk Termination $25.00 $2.73 $22.27
OK GTE DID Trunk Termination $150.00 N/A $150.00
OK GTE DID - Block of 20 Numbers $8.00 $0.87 $7.13
OK GTE DID - Block of 100 Numbers $22.00 $2.40 $19.60
Page 4
101
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE Reserved Telephone Number NRC Yes No
OK GTE Returned Check Charge NRC No No
OK GTE Personalized Telephone Number - Business MRC Yes Yes
OK GTE Personalized Telephone Number - Business NRC Yes No
OK GTE Personalized Telephone Number - Residence MRC Yes Yes
OK GTE Personalized Telephone Number - Residence NRC Yes No
OK GTE Local Operator Interrupt USAGE Yes No
OK GTE Verification USAGE Yes No
OK GTE Toll Blocking - All 1+ Calls NRC Yes No
OK GTE Toll Blocking - All 1+ Calls MRC Yes Yes
OK GTE Toll Blocking - All 1+, 0+ and 0- Calls NRC Yes No
OK GTE Toll Blocking - All 1+, 0+ and 0- Calls MRC Yes Yes
OK GTE Billed Number Screening - Third Number Billing NRC Yes No
OK GTE Billed Number Screening - Third Number Billing MRC Yes Yes
OK GTE Billed Number Screening - Collect Calling Billing NRC Yes No
OK GTE Billed Number Screening - Collect Calling Billing MRC Yes Yes
OK GTE Billed Number Screening - Collect and Third Number Billing NRC Yes No
OK GTE Billed Number Screening - Collect and Third Number Billing MRC Yes Yes
OK GTE Selective Class of Call Screening (per Line Charge) NRC Yes No
OK GTE Selective Class of Call Screening (per Line Charge) MRC Yes Yes
OK GTE Selective Class of Call Screening (per Trunk Charge) NRC Yes No
OK GTE Selective Class of Call Screening (per Trunk Charge) MRC Yes Yes
OK GTE 12 Local Message Coin Service USAGE Yes No
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------- -------
OK GTE Reserved Telephone Number $5.00 N/A $5.00
OK GTE Returned Check Charge $10.00 N/A N/A
OK GTE Personalized Telephone Number - Business $3.50 $0.38 $3.12
OK GTE Personalized Telephone Number - Business $50.00 N/A $50.00
OK GTE Personalized Telephone Number - Residence $1.50 $0.16 $1.34
OK GTE Personalized Telephone Number - Residence $25.00 N/A $25.00
OK GTE Local Operator Interrupt $2.50 N/A $2.50
OK GTE Verification $1.50 N/A $1.50
OK GTE Toll Blocking - All 1+ Calls $10.00 N/A $10.00
OK GTE Toll Blocking - All 1+ Calls $3.00 $0.33 $2.67
OK GTE Toll Blocking - All 1+, 0+ and 0- Calls $10.00 N/A $10.00
OK GTE Toll Blocking - All 1+, 0+ and 0- Calls $3.00 $0.33 $2.67
OK GTE Billed Number Screening - Third Number Billing $10.00 N/A $10.00
OK GTE Billed Number Screening - Third Number Billing $3.00 $0.33 $2.67
OK GTE Billed Number Screening - Collect Calling Billing $10.00 N/A $10.00
OK GTE Billed Number Screening - Collect Calling Billing $3.00 $0.33 $2.67
OK GTE Billed Number Screening - Collect and Third Number Billing $10.00 N/A $10.00
OK GTE Billed Number Screening - Collect and Third Number Billing $3.00 $0.33 $2.67
OK GTE Selective Class of Call Screening (per Line Charge) $10.00 N/A $10.00
OK GTE Selective Class of Call Screening (per Line Charge) $3.00 $0.33 $2.67
OK GTE Selective Class of Call Screening (per Trunk Charge) $10.00 N/A $10.00
OK GTE Selective Class of Call Screening (per Trunk Charge) $10.00 $1.09 $8.91
OK GTE 12 Local Message Coin Service $0.25 N/A $0.25
Page 5
102
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE 17 Local Directory Assistance USAGE Yes No
OK GTE Local Directory Assistance Call Completion USAGE Yes No
OK GTE 9 Business Dial DataLink Service MRC Yes Yes
OK GTE Business Dial DataLink Service NRC Yes No
OK GTE Residence Dial DataLink Service MRC Yes Yes
OK GTE Residence Dial DataLink Service NRC Yes No
OK GTE 900 Call Restriction - Business NRC Yes No
OK GTE 900 Call Restriction - Residence NRC Yes No
OK GTE 23 Establishment of TSP Service NRC Yes No
OK GTE Restoration Priority MRC Yes Yes
9 CUSTOM CALLING VERTICAL SERVICES:
OK GTE Call Waiting - Business MRC Yes Yes
OK GTE Call Waiting - Residence MRC Yes Yes
OK GTE Call Forwarding - Business MRC Yes Yes
OK GTE Call Forwarding - Residence MRC Yes Yes
OK GTE Call Forwarding Multipath - Business MRC Yes Yes
OK GTE Call Forwarding Multipath - Residence MRC Yes Yes
OK GTE Call Waiting and Call Forwarding - Business MRC Yes Yes
OK GTE Call Waiting and Call Forwarding - Residence MRC Yes Yes
OK GTE Call Waiting and Speed Call 8 - Business MRC Yes Yes
OK GTE Call Waiting and Speed Call 8 - Residence MRC Yes Yes
OK GTE Call Forwarding and Speed Call 8 - Residence MRC Yes Yes
OK GTE Call Waiting and Speed Call 30 - Residence MRC Yes Yes
OK GTE Call Forwarding and Speed Call 30 - Business MRC Yes Yes
OK GTE Call Waiting, Call Forwarding and Speed Call 8 - Residence MRC Yes Yes
OK GTE Call Waiting, Call Forwarding and Speed Call 30 - Business MRC Yes Yes
OK GTE Call Waiting, Call Forwarding and Speed Call 30 - Residence MRC Yes Yes
OK GTE Three Way Calling - One Feature - Business MRC Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------- -------- -----
OK GTE 17 Local Directory Assistance $0.25 N/A $0.25
OK GTE Local Directory Assistance Call Completion $0.50 N/A $0.50
OK GTE 9 Business Dial DataLink Service $5.00 $0.55 $4.45
OK GTE Business Dial DataLink Service $25.00 N/A $25.00
OK GTE Residence Dial DataLink Service $5.00 $0.55 $4.45
OK GTE Residence Dial DataLink Service $25.00 N/A $25.00
OK GTE 900 Call Restriction - Business $3.50 N/A $3.50
OK GTE 900 Call Restriction - Residence $3.50 N/A $3.50
OK GTE 23 Establishment of TSP Service $14.50 N/A $14.50
OK GTE Restoration Priority $4.90 $0.54 $4.36
9 CUSTOM CALLING VERTICAL SERVICES:
OK GTE Call Waiting - Business $3.50 $0.38 $3.12
OK GTE Call Waiting - Residence $2.45 $0.27 $2.18
OK GTE Call Forwarding - Business $2.70 $0.30 $2.40
OK GTE Call Forwarding - Residence $2.10 $0.23 $1.87
OK GTE Call Forwarding Multipath - Business $2.70 $0.30 $2.40
OK GTE Call Forwarding Multipath - Residence $2.10 $0.23 $1.87
OK GTE Call Waiting and Call Forwarding - Business $6.40 $0.70 $5.70
OK GTE Call Waiting and Call Forwarding - Residence $4.70 $0.51 $4.19
OK GTE Call Waiting and Speed Call 8 - Business $6.40 $0.70 $5.70
OK GTE Call Waiting and Speed Call 8 - Residence $4.70 $0.51 $4.19
OK GTE Call Forwarding and Speed Call 8 - Residence $4.70 $0.51 $4.19
OK GTE Call Waiting and Speed Call 30 - Residence $5.85 $0.64 $5.21
OK GTE Call Forwarding and Speed Call 30 - Business $8.15 $0.89 $7.26
OK GTE Call Waiting, Call Forwarding and Speed Call 8 - Residence $5.85 $0.64 $5.21
OK GTE Call Waiting, Call Forwarding and Speed Call 30 - Business $9.70 $1.06 $8.64
OK GTE Call Waiting, Call Forwarding and Speed Call 30 - Residence $6.95 $0.76 $6.19
OK GTE Three Way Calling - One Feature - Business $6.25 $0.68 $5.57
Page 6
103
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE Three Way Calling - One Feature - Residence MRC Yes Yes
OK GTE Three Way Calling - More than One Feature -Business MRC Yes Yes
OK GTE Three Way Calling - More than One Feature - Residence MRC Yes Yes
OK GTE Cancel Call Waiting - Business MRC Yes Yes
OK GTE Cancel Call Waiting - Residence MRC Yes Yes
OK GTE Last Number Redial and Saved-Number Redial - Business MRC Yes Yes
OK GTE Last Number Redial and Saved-Number Redial - Residence MRC Yes Yes
OK GTE Call Forward/Busy/No Answer - Business (Variable) MRC Yes Yes
OK GTE Call Forward/Busy/No Answer - Residence (Variable) MRC Yes Yes
OK GTE Smart Ring - One Feature - Business MRC Yes Yes
OK GTE Smart Ring - One Feature - Residence MRC Yes Yes
OK GTE Fixed Call Forwarding/Busy - Business MRC Yes Yes
OK GTE Fixed Call Forwarding/Busy - Residence MRC Yes Yes
OK GTE Fixed Call Forwarding/No Answer - Business MRC Yes Yes
OK GTE Fixed Call Forwarding/No Answer - Residence MRC Yes Yes
OK GTE Fixed Call Forwarding/All Calls - Business MRC Yes Yes
OK GTE Fixed Call Forwarding/All Calls - Residence MRC Yes Yes
OK GTE SMART Package - Business MRC Yes Yes
OK GTE SMART Package - Residence MRC Yes Yes
OK GTE SMARTER Package - Business MRC Yes Yes
OK GTE SMARTER Package - Residence MRC Yes Yes
OK GTE Smart Call PAK With Smart Ring - Business MRC Yes Yes
OK GTE Smart Call PAK With Smart Ring - Residence MRC Yes Yes
OK GTE Smarter Call PAK With Smart Ring - Business MRC Yes Yes
OK GTE Smarter Call PAK With Smart Ring - Residence MRC Yes Yes
OK GTE SMARTEST Package -Business MRC Yes Yes
OK GTE SMARTEST Package - Residence MRC Yes Yes
OK GTE Smartest Call PAK With Smart Ring - Business MRC Yes Yes
OK GTE Smartest Call PAK With Smart Ring - Residence MRC Yes Yes
OK GTE Remote Call Forwarding - Business MRC Yes Yes
OK GTE Remote Call Forwarding - Residence MRC Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------ ------
OK GTE Three Way Calling - One Feature - Residence $5.65 $0.62 $5.03
OK GTE Three Way Calling - More than One Feature -Business $5.00 $0.55 $4.45
OK GTE Three Way Calling - More than One Feature - Residence $4.40 $0.48 $3.92
OK GTE Cancel Call Waiting - Business $2.00 $0.22 $1.78
OK GTE Cancel Call Waiting - Residence $1.00 $0.11 $0.89
OK GTE Last Number Redial and Saved-Number Redial - Business $3.50 $0.38 $3.12
OK GTE Last Number Redial and Saved-Number Redial - Residence $3.00 $0.33 $2.67
OK GTE Call Forward/Busy/No Answer - Business (Variable) $3.50 $0.38 $3.12
OK GTE Call Forward/Busy/No Answer - Residence (Variable) $2.50 $0.27 $2.23
OK GTE Smart Ring - One Feature - Business $6.00 $0.66 $5.34
OK GTE Smart Ring - One Feature - Residence $6.00 $0.66 $5.34
OK GTE Fixed Call Forwarding/Busy - Business $1.25 $0.14 $1.11
OK GTE Fixed Call Forwarding/Busy - Residence $1.25 $0.14 $1.11
OK GTE Fixed Call Forwarding/No Answer - Business $1.25 $0.14 $1.11
OK GTE Fixed Call Forwarding/No Answer - Residence $1.25 $0.14 $1.11
OK GTE Fixed Call Forwarding/All Calls - Business $3.50 $0.38 $3.12
OK GTE Fixed Call Forwarding/All Calls - Residence $3.50 $0.38 $3.12
OK GTE SMART Package - Business $4.75 $0.52 $4.23
OK GTE SMART Package - Residence $3.75 $0.41 $3.34
OK GTE SMARTER Package - Business $5.75 $0.63 $5.12
OK GTE SMARTER Package - Residence $4.75 $0.52 $4.23
OK GTE Smart Call PAK With Smart Ring - Business $7.75 $0.85 $6.90
OK GTE Smart Call PAK With Smart Ring - Residence $6.75 $0.74 $6.01
OK GTE Smarter Call PAK With Smart Ring - Business $8.75 $0.96 $7.79
OK GTE Smarter Call PAK With Smart Ring - Residence $7.75 $0.85 $6.90
OK GTE SMARTEST Package -Business $6.75 $0.74 $6.01
OK GTE SMARTEST Package - Residence $5.75 $0.63 $5.12
OK GTE Smartest Call PAK With Smart Ring - Business $9.75 $1.07 $8.68
OK GTE Smartest Call PAK With Smart Ring - Residence $8.75 $0.96 $7.79
OK GTE Remote Call Forwarding - Business $14.50 $1.58 $12.92
OK GTE Remote Call Forwarding - Residence $14.50 $1.58 $12.92
Page 7
104
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
TEL-TEEN SERVICE CUSTOM FEATURE PACKAGES:
OK GTE Touch Call, Three-Way Calling, Speed Call 8, Toll Control MRC Yes Yes
OK GTE Touch Call, Call Waiting, Speed Call 8, Toll Control MRC Yes Yes
OK GTE Touch Call, Three-Way Calling, Toll Control MRC Yes Yes
OK GTE Touch Call, Call Waiting, Speed Call 8 MRC Yes Yes
CLASS VERTICAL SERVICES:
OK GTE Automatic Busy Redial - Business MRC Yes Yes
OK GTE Automatic Busy Redial - Residence MRC Yes Yes
OK GTE Automatic Call Return - Business MRC Yes Yes
OK GTE Automatic Call Return - Residence MRC Yes Yes
OK GTE Call Back - Business MRC Yes Yes
OK GTE Call Back - Residence MRC Yes Yes
OK GTE Special Call Acceptance - Business MRC Yes Yes
OK GTE Special Call Acceptance - Residence MRC Yes Yes
OK GTE Special Call Forwarding - Business MRC Yes Yes
OK GTE Special Call Forwarding - Residence MRC Yes Yes
OK GTE Special Call Waiting - Business MRC Yes Yes
OK GTE Special Call Waiting - Residence MRC Yes Yes
OK GTE VIP Alert - Business MRC Yes Yes
OK GTE VIP Alert - Residence MRC Yes Yes
OK GTE Call Tracing Service - Business MRC Yes Yes
OK GTE Call Tracing Service - Residence MRC Yes Yes
OK GTE Cancel Calling Number ID - Business MRC Yes Yes
OK GTE Cancel Calling Number ID - Residence MRC Yes Yes
OK GTE Calling Number ID - Business MRC Yes Yes
OK GTE Calling Number ID - Residence MRC Yes Yes
OK GTE SmartCall PAK 4400- Residence MRC Yes Yes
OK GTE SmartCall PAK 4900 - Residence MRC Yes Yes
6 SERVICE CHARGES:
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------ ------
TEL-TEEN SERVICE CUSTOM FEATURE PACKAGES:
OK GTE Touch Call, Three-Way Calling, Speed Call 8, Toll Control $0.00 $0.00 $0.00
OK GTE Touch Call, Call Waiting, Speed Call 8, Toll Control $0.00 $0.00 $0.00
OK GTE Touch Call, Three-Way Calling, Toll Control $0.00 $0.00 $0.00
OK GTE Touch Call, Call Waiting, Speed Call 8 $0.00 $0.00 $0.00
CLASS VERTICAL SERVICES:
OK GTE Automatic Busy Redial - Business $4.00 $0.44 $3.56
OK GTE Automatic Busy Redial - Residence $3.00 $0.33 $2.67
OK GTE Automatic Call Return - Business $4.00 $0.44 $3.56
OK GTE Automatic Call Return - Residence $3.00 $0.33 $2.67
OK GTE Call Back - Business $4.00 $0.44 $3.56
OK GTE Call Back - Residence $3.00 $0.33 $2.67
OK GTE Special Call Acceptance - Business $4.00 $0.44 $3.56
OK GTE Special Call Acceptance - Residence $3.00 $0.33 $2.67
OK GTE Special Call Forwarding - Business $6.00 $0.66 $5.34
OK GTE Special Call Forwarding - Residence $5.00 $0.55 $4.45
OK GTE Special Call Waiting - Business $6.00 $0.66 $5.34
OK GTE Special Call Waiting - Residence $5.00 $0.55 $4.45
OK GTE VIP Alert - Business $4.00 $0.44 $3.56
OK GTE VIP Alert - Residence $3.00 $0.33 $2.67
OK GTE Call Tracing Service - Business $6.00 $0.66 $5.34
OK GTE Call Tracing Service - Residence $5.00 $0.55 $4.45
OK GTE Cancel Calling Number ID - Business $0.00 $0.00 $0.00
OK GTE Cancel Calling Number ID - Residence $0.00 $0.00 $0.00
OK GTE Calling Number ID - Business $10.00 $1.09 $8.91
OK GTE Calling Number ID - Residence $7.00 $0.77 $6.23
OK GTE SmartCall PAK 4400- Residence $8.75 $0.96 $7.79
OK GTE SmartCall PAK 4900 - Residence $13.25 $1.45 $11.80
6 SERVICE CHARGES:
PAGE 8
105
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
BUSINESS:
OK GTE Primary Service Order Charge NRC No No
OK GTE Secondary Service Order Charge NRC No No
OK GTE Line Connection Charge NRC Yes No
OK GTE Restoral From Vacation Service (prior to min vacation period) NRC No No
OK GTE Restore Service After Temporary Denial Nonpay NRC No No
OK GTE Expedited Due Date Charge (non system) NRC No No
OK GTE Operator Referral NRC No No
RESIDENCE:
OK GTE Primary Service Order Charge NRC No No
OK GTE Secondary Service Order Charge NRC No No
OK GTE Line Connection Charge NRC Yes No
OK GTE Restoral From Vacation Service (prior to min vacation period) NRC No No
OK GTE Restore Service After Temporary Denial Nonpay NRC No No
OK GTE Expedited Due Date Charge NRC No No
OK GTE Operator Referral NRC No No
LDMT GTE LONG DISTANCE TELECOMMUNICATIONS SERVICES:
1 INTRALATA TWO POINT SERVICE
OK GTE Day Rate - 1 to 8 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 9 to 12 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 13 to 17 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 18 to 22 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 23 to 27 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 28 to 32 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 33 to 42 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 43 to 54 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 55 to 66 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 67 to 82 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 83 to 100 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 101 to 122 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 123 to 168 Miles - Initial Minute Charge USAGE Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ---- ---- ----
BUSINESS:
OK GTE Primary Service Order Charge $32.50 N/A N/A
OK GTE Secondary Service Order Charge $13.70 N/A N/A
OK GTE Line Connection Charge $20.70 N/A $20.70
OK GTE Restoral From Vacation Service (prior to min vacation period) $23.00 N/A N/A
OK GTE Restore Service After Temporary Denial Nonpay $20.70 N/A N/A
OK GTE Expedited Due Date Charge (non system) $10.00 N/A N/A
OK GTE Operator Referral $ 5.00 N/A N/A
RESIDENCE:
OK GTE Primary Service Order Charge $23.00 N/A N/A
OK GTE Secondary Service Order Charge $12.00 N/A N/A
OK GTE Line Connection Charge $20.70 N/A $20.70
OK GTE Restoral From Vacation Service (prior to min vacation period) $23.00 N/A N/A
OK GTE Restore Service After Temporary Denial Nonpay $20.70 N/A N/A
OK GTE Expedited Due Date Charge $10.00 N/A N/A
OK GTE Operator Referral $ 5.00 N/A N/A
LDMT GTE LONG DISTANCE TELECOMMUNICATIONS SERVICES:
1 INTRALATA TWO POINT SERVICE
OK GTE Day Rate - 1 to 8 Miles - Initial Minute Charge $ 0.12 $0.01 $0.11
OK GTE Day Rate - 9 to 12 Miles - Initial Minute Charge $ 0.15 $0.02 $0.13
OK GTE Day Rate - 13 to 17 Miles - Initial Minute Charge $ 0.16 $0.02 $0.16
OK GTE Day Rate - 18 to 22 Miles - Initial Minute Charge $ 0.19 $0.02 $0.17
OK GTE Day Rate - 23 to 27 Miles - Initial Minute Charge $ 0.23 $0.03 $0.20
OK GTE Day Rate - 28 to 32 Miles - Initial Minute Charge $ 0.27 $0.03 $0.24
OK GTE Day Rate - 33 to 42 Miles - Initial Minute Charge $ 0.30 $0.03 $0.27
OK GTE Day Rate - 43 to 54 Miles - Initial Minute Charge $ 0.34 $0.04 $0.30
OK GTE Day Rate - 55 to 66 Miles - Initial Minute Charge $ 0.37 $0.04 $0.33
OK GTE Day Rate - 67 to 82 Miles - Initial Minute Charge $ 0.41 $0.04 $0.37
OK GTE Day Rate - 83 to 100 Miles - Initial Minute Charge $ 0.45 $0.05 $0.40
OK GTE Day Rate - 101 to 122 Miles - Initial Minute Charge $ 0.48 $0.05 $0.43
Page 9
106
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE Day Rate - 123 to 168 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - 169 to 252 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Day Rate - Over 252 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 1 to 8 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 9 to 12 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 13 to 17 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 18 to 22 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 23 to 27 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 28 to 32 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 33 to 42 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 43 to 54 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 55 to 66 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 67 to 82 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 83 to 100 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 101 to 122 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 123 to 168 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - 169 to 252 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Evening Rate - Over 252 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 1 to 8 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 9 to 12 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 13 to 17 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 18 to 22 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 23 to 27 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 28 to 32 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 33 to 42 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 43 to 54 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 55 to 66 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 67 to 82 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 83 to 100 Miles - Initial Minute Charge USAGE Yes Yes
OK GTE Night/Weekend Rate - 101 to 122 Miles - Initial Minute Charge USAGE Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------ ------
OK GTE Day Rate - 123 to 168 Miles - Initial Minute Charge $0.51 $0.06 $0.45
OK GTE Day Rate - 169 to 252 Miles - Initial Minute Charge $0.53 $0.06 $0.47
OK GTE Day Rate - Over 252 Miles - Initial Minute Charge $0.55 $0.06 $0.49
OK GTE Evening Rate - 1 to 8 Miles - Initial Minute Charge $0.09 $0.01 $0.08
OK GTE Evening Rate - 9 to 12 Miles - Initial Minute Charge $0.11 $0.01 $0.10
OK GTE Evening Rate - 13 to 17 Miles - Initial Minute Charge $0.14 $0.02 $0.12
OK GTE Evening Rate - 18 to 22 Miles - Initial Minute Charge $0.14 $0.02 $0.12
OK GTE Evening Rate - 23 to 27 Miles - Initial Minute Charge $0.17 $0.02 $0.15
OK GTE Evening Rate - 28 to 32 Miles - Initial Minute Charge $0.20 $0.02 $0.18
OK GTE Evening Rate - 33 to 42 Miles - Initial Minute Charge $0.16 $0.02 $0.14
OK GTE Evening Rate - 43 to 54 Miles - Initial Minute Charge $0.26 $0.03 $0.23
OK GTE Evening Rate - 55 to 66 Miles - Initial Minute Charge $0.28 $0.03 $0.25
OK GTE Evening Rate - 67 to 82 Miles - Initial Minute Charge $0.31 $0.03 $0.28
OK GTE Evening Rate - 83 to 100 Miles - Initial Minute Charge $0.34 $0.04 $0.30
OK GTE Evening Rate - 101 to 122 Miles - Initial Minute Charge $0.36 $0.04 $0.32
OK GTE Evening Rate - 123 to 168 Miles - Initial Minute Charge $0.38 $0.04 $0.34
OK GTE Evening Rate - 169 to 252 Miles - Initial Minute Charge $0.40 $0.04 $0.36
OK GTE Evening Rate - Over 252 Miles - Initial Minute Charge $0.41 $0.04 $0.37
OK GTE Night/Weekend Rate - 1 to 8 Miles - Initial Minute Charge $0.07 $0.01 $0.06
OK GTE Night/Weekend Rate - 9 to 12 Miles - Initial Minute Charge $0.09 $0.01 $0.08
OK GTE Night/Weekend Rate - 13 to 17 Miles - Initial Minute Charge $0.11 $0.01 $0.10
OK GTE Night/Weekend Rate - 18 to 22 Miles - Initial Minute Charge $0.11 $0.01 $0.10
OK GTE Night/Weekend Rate - 23 to 27 Miles - Initial Minute Charge $0.14 $0.02 $0.12
OK GTE Night/Weekend Rate - 28 to 32 Miles - Initial Minute Charge $0.16 $0.02 $0.14
OK GTE Night/Weekend Rate - 33 to 42 Miles - Initial Minute Charge $0.18 $0.02 $0.16
OK GTE Night/Weekend Rate - 43 to 54 Miles - Initial Minute Charge $0.20 $0.02 $0.18
OK GTE Night/Weekend Rate - 55 to 66 Miles - Initial Minute Charge $0.22 $0.02 $0.20
OK GTE Night/Weekend Rate - 67 to 82 Miles - Initial Minute Charge $0.25 $0.03 $0.22
OK GTE Night/Weekend Rate - 83 to 100 Miles - Initial Minute Charge $0.27 $0.03 $0.24
OK GTE Night/Weekend Rate - 101 to 122 Miles - Initial Minute Charge $0.29 $0.03 $0.26
PAGE 10
107
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- ------- -------- ------ ------- -----
OK GTE Night/Weekend Rate - 123 to 168 Miles - Initial Minute Charge USAGE Yes Yes $0.31 $0.03 $0.28
OK GTE Night/Weekend Rate - 169 to 252 Miles - Initial Minute Charge USAGE Yes Yes $0.32 $0.03 $0.29
OK GTE Night/Weekend Rate - Over 252 Miles - Initial Minute Charge USAGE Yes Yes $0.33 $0.04 $0.29
OK GTE Day Rate - 1 to 8 Miles - Each Additional Minute Charge USAGE Yes Yes $0.07 $0.01 $0.06
OK GTE Day Rate - 9 to 12 Miles - Each Additional Minute Charge USAGE Yes Yes $0.09 $0.01 $0.08
OK GTE Day Rate - 13 to 17 Miles - Each Additional Minute Charge USAGE Yes Yes $0.11 $0.01 $0.10
OK GTE Day Rate - 18 to 22 Miles - Each Additional Minute Charge USAGE Yes Yes $0.14 $0.02 $0.12
OK GTE Day Rate - 23 to 27 Miles - Each Additional Minute Charge USAGE Yes Yes $0.18 $0.02 $0.16
OK GTE Day Rate - 28 to 32 Miles - Each Additional Minute Charge USAGE Yes Yes $0.20 $0.02 $0.18
OK GTE Day Rate - 33 to 42 Miles - Each Additional Minute Charge USAGE Yes Yes $0.24 $0.03 $0.21
OK GTE Day Rate - 43 to 54 Miles - Each Additional Minute Charge USAGE Yes Yes $0.27 $0.03 $0.24
OK GTE Day Rate - 55 to 66 Miles - Each Additional Minute Charge USAGE Yes Yes $0.31 $0.03 $0.28
OK GTE Day Rate - 67 to 82 Miles - Each Additional Minute Charge USAGE Yes Yes $0.35 $0.04 $0.31
OK GTE Day Rate - 83 to 100 Miles - Each Additional Minute Charge USAGE Yes Yes $0.39 $0.04 $0.35
OK GTE Day Rate - 101 to 122 Miles - Each Additional Minute Charge USAGE Yes Yes $0.41 $0.04 $0.37
OK GTE Day Rate - 123 to 168 Miles - Each Additional Minute Charge USAGE Yes Yes $0.44 $0.05 $0.39
OK GTE Day Rate - 169 to 252 Miles - Each Additional Minute Charge USAGE Yes Yes $0.45 $0.05 $0.40
OK GTE Day Rate - Over 252 Miles - Each Additional Minute Charge USAGE Yes Yes $0.47 $0.05 $0.42
OK GTE Evening Rate - 1 to 8 Miles - Each Additional Minute Charge USAGE Yes Yes $0.05 $0.01 $0.04
OK GTE Evening Rate - 9 to 12 Miles - Each Additional Minute Charge USAGE Yes Yes $0.07 $0.01 $0.06
OK GTE Evening Rate - 13 to 17 Miles - Each Additional Minute Charge USAGE Yes Yes $0.08 $0.01 $0.07
OK GTE Evening Rate - 18 to 22 Miles - Each Additional Minute Charge USAGE Yes Yes $0.11 $0.01 $0.10
OK GTE Evening Rate - 23 to 27 Miles - Each Additional Minute Charge USAGE Yes Yes $0.14 $0.02 $0.12
OK GTE Evening Rate - 28 to 32 Miles - Each Additional Minute Charge USAGE Yes Yes $0.15 $0.02 $0.13
OK GTE Evening Rate - 33 to 42 Miles - Each Additional Minute Charge USAGE Yes Yes $0.18 $0.02 $0.16
OK GTE Evening Rate - 43 to 54 Miles - Each Additional Minute Charge USAGE Yes Yes $0.20 $0.02 $0.18
OK GTE Evening Rate - 55 to 66 Miles - Each Additional Minute Charge USAGE Yes Yes $0.23 $0.03 $0.20
OK GTE Evening Rate - 67 to 82 Miles - Each Additional Minute Charge USAGE Yes Yes $0.26 $0.03 $0.23
OK GTE Evening Rate - 83 to 100 Miles - Each Additional Minute Charge USAGE Yes Yes $0.29 $0.03 $0.26
OK GTE Evening Rate - 101 to 122 Miles - Each Additional Minute Charge USAGE Yes Yes $0.31 $0.03 $0.28
PAGE 11
108
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE
-- -- --- ------------------- ---- -------- -------- ------
OK GTE Evening Rate - 123 to 168 Miles - Each Additional Minute Charge USAGE Yes Yes $0.33
OK GTE Evening Rate - 169 to 252 Miles - Each Additional Minute Charge USAGE Yes Yes $0.34
OK GTE Evening Rate - Over 252 Miles - Each Additional Minute Charge USAGE Yes Yes $0.35
OK GTE Night/Weekend Rate - 1 to 8 Miles - Each Additional Minute Charge USAGE Yes Yes $0.04
OK GTE Night/Weekend Rate - 9 to 12 Miles - Each Additional Minute Charge USAGE Yes Yes $0.05
OK GTE Night/Weekend Rate - 13 to 17 Miles - Each Additional Minute Charg USAGE Yes Yes $0.07
OK GTE Night/Weekend Rate - 18 to 22 Miles - Each Additional Minute Charg USAGE Yes Yes $0.08
OK GTE Night/Weekend Rate - 23 to 27 Miles - Each Additional Minute Charg USAGE Yes Yes $0.11
OK GTE Night/Weekend Rate - 28 to 32 Miles - Each Additional Minute Charg USAGE Yes Yes $0.12
OK GTE Night/Weekend Rate - 33 to 42 Miles - Each Additional Minute Charg USAGE Yes Yes $0.14
OK GTE Night/Weekend Rate - 43 to 54 Miles - Each Additional Minute Charg USAGE Yes Yes $0.16
OK GTE Night/Weekend Rate - 55 to 66 Miles - Each Additional Minute Charg USAGE Yes Yes $0.19
OK GTE Night/Weekend Rate - 67 to 82 Miles - Each Additional Minute Charg USAGE Yes Yes $0.21
OK GTE Night/Weekend Rate - 83 to 100 Miles - Each Additional Minute Char USAGE Yes Yes $0.23
OK GTE Night/Weekend Rate - 101 to 122 Miles - Each Additional Minute Ch USAGE Yes Yes $0.25
OK GTE Night/Weekend Rate - 123 to 168 Miles - Each Additional Minute Ch USAGE Yes Yes $0.26
OK GTE Night/Weekend Rate - 169 to 252 Miles - Each Additional Minute Ch USAGE Yes Yes $0.27
OK GTE Night/Weekend Rate - Over 252 Miles - Each Additional Minute Char USAGE Yes Yes $0.28
INTRALATA TWO POINT SERVICE:
OK GTE Service Charge - Dial Calling Card - Station to Station USAGE Yes No $0.35
OK GTE Service Charge - Operator - Station to Station USAGE Yes No $1.20
OK GTE Service Charge - Person to Person USAGE Yes No $2.70
OK GTE
2 INTRALATA OPTIONAL TOLL CALLING PLANS:
Extended Community Saver:
Residence:
Block-of-Time:
OK GTE Monthly Rate for First Hour MRC Yes Yes $3.60
OK GTE Additional Per Minute USAGE Yes Yes $0.05
OK GTE Service Charge NRC Yes No $5.00
AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION COST RATE
-- -- --- ------------------- ------ ------
OK GTE Evening Rate - 123 to 168 Miles - Each Additional Minute Charge $0.04 $0.29
OK GTE Evening Rate - 169 to 252 Miles - Each Additional Minute Charge $0.04 $0.30
OK GTE Evening Rate - Over 252 Miles - Each Additional Minute Charge $0.04 $0.31
OK GTE Night/Weekend Rate - 1 to 8 Miles - Each Additional Minute Charge $0.00 $0.04
OK GTE Night/Weekend Rate - 9 to 12 Miles - Each Additional Minute Charg $0.01 $0.04
OK GTE Night/Weekend Rate - 13 to 17 Miles - Each Additional Minute Char $0.01 $0.06
OK GTE Night/Weekend Rate - 18 to 22 Miles - Each Additional Minute Char $0.01 $0.07
OK GTE Night/Weekend Rate - 23 to 27 Miles - Each Additional Minute Char $0.01 $0.10
OK GTE Night/Weekend Rate - 28 to 32 Miles - Each Additional Minute Char $0.01 $0.11
OK GTE Night/Weekend Rate - 33 to 42 Miles - Each Additional Minute Char $0.02 $0.12
OK GTE Night/Weekend Rate - 43 to 54 Miles - Each Additional Minute Char $0.02 $0.14
OK GTE Night/Weekend Rate - 55 to 66 Miles - Each Additional Minute Char $0.02 $0.17
OK GTE Night/Weekend Rate - 67 to 82 Miles - Each Additional Minute Char $0.02 $0.19
OK GTE Night/Weekend Rate - 83 to 100 Miles - Each Additional Minute Cha $0.03 $0.20
OK GTE Night/Weekend Rate - 101 to 122 Miles - Each Additional Minute Ch $0.03 $0.22
OK GTE Night/Weekend Rate - 123 to 168 Miles - Each Additional Minute Ch $0.03 $0.23
OK GTE Night/Weekend Rate - 169 to 252 Miles - Each Additional Minute Ch $0.03 $0.24
OK GTE Night/Weekend Rate - Over 252 Miles - Each Additional Minute Cha $0.03 $0.25
INTRALATA TWO POINT SERVICE:
OK GTE Service Charge - Dial Calling Card - Station to Station N/A $0.35
OK GTE Service Charge - Operator - Station to Station N/A $1.20
OK GTE Service Charge - Person to Person N/A $2.70
OK GTE
2 INTRALATA OPTIONAL TOLL CALLING PLANS:
Extended Community Saver:
Residence:
Block-of-Time:
OK GTE Monthly Rate for First Hour $0.39 $3.21
OK GTE Additional Per Minute $0.01 $0.04
OK GTE Service Charge N/A $5.00
Page 12
109
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------ ------
Business:
Block-of-Time:
OK GTE Monthly Rate for First Hour MRC Yes Yes $4.20 $0.46 $3.74
OK GTE Additional Per Minute USAGE Yes Yes $0.06 $0.01 $0.05
OK GTE Service Charge NRC Yes No $7.50 N/A $7.50
Residence:
OK GTE Unlimited Usage MRC Yes Yes $20.00 $2.19 $17.81
OK GTE Service Charge NRC Yes No $5.00 N/A $5.00
OK GTE Business:
OK GTE Unlimited Usage MRC Yes Yes $30.00 $3.28 $26.72
OK GTE Service Charge NRC Yes No $7.50 N/A $7.50
Circle Saver:
Residence Block-of-Time:
17 Mile Radius:
OK GTE Monthly Rate for First Hour MRC Yes Yes $4.80 $0.52 $4.28
OK GTE Additional Per Minute USAGE Yes Yes $0.07 $0.01 $0.06
OK GTE Service Charge NRC Yes No $5.00 N/A $5.00
32 Mile Radius:
OK GTE Monthly Rate for First Hour MRC Yes Yes $6.25 $0.68 $5.57
OK GTE Additional Per Minute USAGE Yes Yes $0.09 $0.01 $0.08
OK GTE Service Charge NRC Yes No $5.00 N/A $5.00
Business Block-of-Time:
17 Mile Radius:
OK GTE Monthly Rate for First Hour MRC Yes Yes $6.25 $0.68 $5.57
OK GTE Additional Per Minute USAGE Yes Yes $0.09 $0.01 $0.08
OK GTE Service Charge NRC Yes No $7.50 N/A $7.50
32 Mile Radius:
OK GTE Monthly Rate for First Hour MRC Yes Yes $8.25 $0.90 $7.35
OK GTE Additional Per Minute USAGE Yes Yes $0.12 $0.01 $0.11
OK GTE Service Charge NRC Yes No $7.50 N/A $7.50
PAGE 13
110
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
1+Saver:
Residence:
Block-of-Time:
OK GTE Monthly Rate for First Hour MRC Yes Yes
OK GTE Additional Per Minute USAGE Yes Yes
OK GTE Service Charge NRC Yes No
Business:
Block-of-Time:
OK GTE Monthly Rate for First Hour MRC Yes Yes
OK GTE Additional Per Minute USAGE Yes Yes
OK GTE Service Charge NRC Yes No
Residence:
Discount Plan:
OK GTE 15% Discount MRC Yes Yes
OK GTE Service Charge NRC Yes No
Business:
Discount Plan:
OK GTE 10% Discount MRC Yes Yes
OK GTE Service Charge NRC Yes No
Discount Plan:
OK GTE 15% Discount MRC Yes Yes
OK GTE Service Charge NRC Yes No
Discount Plan:
OK GTE 20% Discount MRC Yes Yes
OK GTE Service Charge NRC Yes No
Corridor Optional Saver:
Residence:
Block-of-Time:
OK GTE Monthly Rate for First Hour (1-Way Originating Calling) MRC Yes Yes
OK GTE Additional Per Minute USAGE Yes Yes
OK GTE Service Charge NRC Yes No
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------ ------
Saver:
Residence:
Block-of-Time:
OK GTE Monthly Rate for First Hour $10.25 $1.12 $9.13
OK GTE Additional Per Minute $0.16 $0.02 $0.14
OK GTE Service Charge $5.00 N/A $5.00
Business:
Block-of-Time:
OK GTE Monthly Rate for First Hour $14.40 $1.57 $12.83
OK GTE Additional Per Minute $0.23 $0.03 $0.20
OK GTE Service Charge $7.50 N/A $7.50
Residence:
Discount Plan:
OK GTE 15% Discount $3.00 $0.33 $2.67
OK GTE Service Charge $5.00 N/A $5.00
Business:
Discount Plan:
OK GTE 10% Discount $3.00 $0.33 $2.67
OK GTE Service Charge $7.50 N/A $7.50
Discount Plan:
OK GTE 15% Discount $8.00 $0.87 $7.13
OK GTE Service Charge $7.50 N/A $7.50
Discount Plan:
OK GTE 20% Discount $20.00 $2.19 $17.81
OK GTE Service Charge $7.50 N/A $7.50
Corridor Optional Saver:
Residence:
Block-of-Time:
OK GTE Monthly Rate for First Hour (1-Way Originating Calling) $4.80 $0.52 $4.28
OK GTE Additional Per Minute $0.07 $0.01 $0.06
OK GTE Service Charge $5.00 N/A $5.00
PAGE 14
111
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
Business:
Block-of-Time:
OK GTE Monthly Rate for First Hour (1-Way Originating Calling) MRC Yes Yes
OK GTE Additional Per Minute USAGE Yes Yes
OK GTE Service Charge NRC Yes No
Residence:
OK GTE Unlimited Usage (1-Way Originating Calling) MRC Yes Yes
OK GTE Service Charge NRC Yes No
Business:
OK GTE Unlimited Usage (1-Way Originating Calling) MRC Yes Yes
OK GTE Service Charge NRC Yes No
Residence:
OK GTE Unlimited Usage (2-Way Calling) MRC Yes Yes
OK GTE Service Charge NRC Yes No
Business:
OK GTE Unlimited Usage (2-Way Calling) MRC Yes Yes
OK GTE Service Charge NRC Yes No
SWB WIDE AREA TELECOMMUNICATIONS SERVICES:
800 Service:
OK GTE Access Line MRC Yes Yes
OK GTE Service Charge - Installation or Move NRC Yes No
OK GTE Service Charge - Number Change NRC Yes No
Usage Rates (per Hour):
OK GTE Day - First 10 Hours USAGE Yes Yes
OK GTE Day - Next 16 Hours USAGE Yes Yes
OK GTE Day - Next 25 Hours USAGE Yes Yes
OK GTE Day - Over 51 Hours USAGE Yes Yes
OK GTE Evening - First 10 Hours USAGE Yes Yes
OK GTE Evening - Next 16 Hours USAGE Yes Yes
OK GTE Evening - Next 25 Hours USAGE Yes Yes
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------ ------
Business:
Block-of-Time:
OK GTE Monthly Rate for First Hour (1-Way Originating Calling) $6.25 $0.68 $5.57
OK GTE Additional Per Minute $0.09 $0.01 $0.08
OK GTE Service Charge $7.50 N/A $7.50
Residence:
OK GTE Unlimited Usage (1-Way Originating Calling) $20.00 $2.19 $17.81
OK GTE Service Charge $5.00 N/A $5.00
Business:
OK GTE Unlimited Usage (1-Way Originating Calling) $30.00 $3.28 $26.72
OK GTE Service Charge $7.50 N/A $7.50
Residence:
OK GTE Unlimited Usage (2-Way Calling) $30.00 $3.28 $26.72
OK GTE Service Charge $5.00 N/A $5.00
Business:
OK GTE Unlimited Usage (2-Way Calling) $40.00 $4.37 $35.63
OK GTE Service Charge $7.50 N/A $7.50
SWB WIDE AREA TELECOMMUNICATIONS SERVICES:
800 Service:
OK GTE Access Line $37.30 $4.08 $33.22
OK GTE Service Charge - Installation or Move $307.00 N/A $307.00
OK GTE Service Charge - Number Change $18.50 N/A $18.50
Usage Rates (per Hour):
OK GTE Day - First 10 Hours $23.29 $2.55 $20.74
OK GTE Day - Next 16 Hours $22.16 $2.42 $19.74
OK GTE Day - Next 25 Hours $21.08 $2.30 $18.78
OK GTE Day - Over 51 Hours $20.05 $2.19 $17.86
OK GTE Evening - First 10 Hours $17.22 $1.88 $15.34
OK GTE Evening - Next 16 Hours $16.37 $1.79 $14.58
OK GTE Evening - Next 25 Hours $15.56 $1.70 $13.86
PAGE 15
112
Issue Date: 06/26/97
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------- ------
OK GTE Evening - Over 51 Hours USAGE Yes Yes $14.79 $1.62 $13.17
OK GTE Night/Weekend - First 10 Hours USAGE Yes Yes $13.58 $1.48 $12.10
OK GTE Night/Weekend - Next 16 Hours USAGE Yes Yes $12.90 $1.41 $11.49
OK GTE Night/Weekend - Next 25 Hours USAGE Yes Yes $12.25 $1.34 $10.91
OK GTE Night/Weekend - Over 51 Hours USAGE Yes Yes $11.63 $1.27 $10.36
Outward WATS:
OK GTE Access Line MRC Yes Yes $36.60 $4.00 $32.60
OK GTE Service Charge - Installation or Move NRC Yes No $307.00 N/A $307.00
OK GTE Service Charge - Number Change NRC Yes No $18.50 N/A $18.50
Usage Rates (per Hour):
OK GTE Day - First 9 Hours USAGE Yes Yes $19.40 $2.12 $17.28
OK GTE Day - Next 16 Hours USAGE Yes Yes $18.45 $2.02 $16.43
OK GTE Day - Next 25 Hours USAGE Yes Yes $17.55 $1.92 $15.63
OK GTE Day - Over 50 Hours USAGE Yes Yes $16.69 $1.82 $14.87
OK GTE Evening - First 9 Hours USAGE Yes Yes $14.30 $1.56 $12.74
OK GTE Evening - Next 16 Hours USAGE Yes Yes $13.59 $1.49 $12.10
OK GTE Evening - Next 25 Hours USAGE Yes Yes $12.92 $1.41 $11.51
OK GTE Evening - Over 50 Hours USAGE Yes Yes $12.27 $1.34 $10.93
OK GTE Night/Weekend - First 9 Hours USAGE Yes Yes $11.24 $1.23 $10.01
OK GTE Night/Weekend - Next 16 Hours USAGE Yes Yes $10.67 $1.17 $9.50
OK GTE Night/Weekend - Next 25 Hours USAGE Yes Yes $10.13 $1.11 $9.02
OK GTE Night/Weekend - Over 50 Hours USAGE Yes Yes $9.62 $1.05 $8.57
Business Line 800:
OK GTE Change Number Charge (1 or 2 terms) NRC Yes No $20.00 N/A $20.00
OK GTE Change Number Charge (3 to 10 terms) NRC Yes No $90.00 N/A $90.00
OK GTE Change Number Charge (over 10 terms) NRC Yes No $225.00 N/A $225.00
Page 16
113
Issue Date: 06/26/97
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------- -----
OK GTE Call Detail Information NRC Yes No $12.50 N/A $12.50
OK GTE Access Line MRC Yes Yes $10.00 $1.09 $8.91
Usage Rates (per hour):
OK GTE First 10 Hours USAGE Yes Yes $12.00 $1.31 $10.69
OK GTE Over 10 Hours USAGE Yes Yes $10.80 $1.18 $9.62
OK GTE Residence Line 800:
OK GTE Change Number Charge (1 or 2 terms) NRC Yes No $20.00 N/A $20.00
OK GTE Change Number Charge (3 to 10 terms) NRC Yes No $90.00 N/A $90.00
OK GTE Change Number Charge (over 10 terms) NRC Yes No $225.00 N/A $225.00
OK GTE Call Detail Information NRC Yes No $12.50 N/A $12.50
OK GTE Access Line MRC Yes Yes $3.95 $0.43 $3.52
OK GTE Charge to Change Usage Plans NRC Yes No $5.00 N/A $5.00
Usage Rates:
Per Minute of Use Plan:
OK GTE Day Rate USAGE Yes Yes $0.20 $0.02 $0.18
OK GTE Evening/Night/Weekend Rate USAGE Yes Yes $0.18 $0.02 $0.16
Block of Time Plan:
1 Hour Block Plan:
OK GTE Monthly Rate for First Hour MRC Yes Yes $9.00 $0.98 $8.02
OK GTE Additional Per Minute USAGE Yes Yes $0.14 $0.02 $0.12
2 Hour Block Plan
OK GTE Monthly Rate for Two Hours MRC Yes Yes $15.00 $1.64 $13.36
OK GTE Additional Per Minute USAGE Yes Yes $0.12 $0.01 $0.11
EXCHG
NET TA CENTRANET:
Page 17
114
Issue Date: 06/26/97
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST
-- -- --- ------------------- ---- -------- -------- ------ -------
OK GTE 19 Centrex Local Line - First 25 Lines (2-25) Month-to-Month C MRC Yes Yes $16.75 $1.83
OK GTE Centrex Local Line - Next 25 Lines (26-50) Month-to-Month C MRC Yes Yes $16.50 $1.80
OK GTE Centrex Local Line - Next 50 Lines (51-100) 12 Month Contrac MRC Yes Yes $16.25 $1.78
OK GTE Centrex Local Line - Next 50 Lines (51-100) 36 Month Contrac MRC Yes Yes $16.00 $1.75
OK GTE Network Access Register - Rate Groups 1 and 2 MRC Yes No $23.00 N/A
OK GTE Network Access Register - Rate Group 3 MRC Yes No $31.06 N/A
OK GTE Restricted Station MRC Yes Yes $6.00 $0.66
OK GTE PAK1000 Per Customer Group NRC NRC Yes No $100.00 N/A
OK GTE PAK1000 Per Station MRC Yes Yes $2.00 $0.22
OK GTE PAK2000 Per Customer Group NRC NRC Yes No $150.00 N/A
OK GTE PAK2000 Per Station MRC Yes Yes $2.30 $0.25
OK GTE PAK3000 Per Customer Group NRC NRC Yes No $215.00 N/A
OK GTE PAK3000 Per Station MRC Yes Yes $2.50 $0.27
OK GTE PACKAGE Programming ARS/FRS NRC NRC Yes No $120.00 N/A
Line Connection Charge:
OK GTE Line Size: 2 NRC Yes No $18.00 N/A
OK GTE Line Size: 3 to 5 NRC Yes No $12.00 N/A
OK GTE Line Size: 6 to 10 NRC Yes No $10.00 N/A
OK GTE Line Size: 11 to 25 NRC Yes No $6.40 N/A
OK GTE Line Size: 26 to 50 NRC Yes No $4.00 N/A
OK GTE Line Size: 51 to 75 NRC Yes No $3.20 N/A
OK GTE Line Size: 76 to 100 NRC Yes No $3.00 N/A
Optional System Features:
OK GTE WATS Access NRC Yes No $25.00 N/A
OK GTE 800 Service Access NRC Yes No $25.00 N/A
OK GTE Tie Facility Access NRC Yes No $25.00 N/A
OK GTE FX Access NRC Yes No $25.00 N/A
RESALE
ST CO SEC SERVICE DESCRIPTION RATE
-- -- --- ------------------- -----
OK GTE 19 Centrex Local Line - First 25 Lines (2-25) Month-to-Month C $14.92
OK GTE Centrex Local Line - Next 25 Lines (26-50) Month-to-Month C $14.70
OK GTE Centrex Local Line - Next 50 Lines (51-100) 12 Month Contrac $14.47
OK GTE Centrex Local Line - Next 50 Lines (51-100) 36 Month Contrac $14.25
OK GTE Network Access Register - Rate Groups 1 and 2 $23.00
OK GTE Network Access Register - Rate Group 3 $31.06
OK GTE Restricted Station $5.34
OK GTE PAK1000 Per Customer Group NRC $100.00
OK GTE PAK1000 Per Station $1.78
OK GTE PAK2000 Per Customer Group NRC $150.00
OK GTE PAK2000 Per Station $2.05
OK GTE PAK3000 Per Customer Group NRC $215.00
OK GTE PAK3000 Per Station $2.23
OK GTE PACKAGE Programming ARS/FRS NRC $120.00
Line Connection Charge:
OK GTE Line Size: 2 $18.00
OK GTE Line Size: 3 to 5 $12.00
OK GTE Line Size: 6 to 10 $10.00
OK GTE Line Size: 11 to 25 $6.40
OK GTE Line Size: 26 to 50 $4.00
OK GTE Line Size: 51 to 75 $3.20
OK GTE Line Size: 76 to 100 $3.00
Optional System Features:
OK GTE WATS Access $25.00
OK GTE 800 Service Access $25.00
OK GTE Tie Facility Access $25.00
OK GTE FX Access $25.00
Page 18
115
Issue Date: 06/26/97
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------- -----
OK GTE Limited Auto Call Distribution NRC Yes No $25.00 N/A $25.00
OK GTE Preferential Hunting NRC Yes No $25.00 N/A $25.00
OK GTE Stop Xxxx NRC Yes No $25.00 N/A $25.00
OK GTE Priority Queuing NRC Yes No $25.00 N/A $25.00
OK GTE Authorization Codes NRC Yes No $25.00 N/A $25.00
OK GTE Terminal Make Busy NRC Yes No $25.00 N/A $25.00
OK GTE Paging/Public Address Access NRC Yes No $140.00 N/A $140.00
OK GTE Paging/Public Address Access MRC Yes Yes $30.00 $3.28 $26.72
OK GTE Dictation Access NRC Yes No $140.00 N/A $140.00
OK GTE Dictation Access MRC Yes Yes $30.00 $3.28 $26.72
OK GTE Code Calling Access NRC Yes No $140.00 N/A $140.00
OK GTE Code Calling Access MRC Yes Yes $30.00 $3.28 $26.72
OK GTE Music on Hold NRC Yes No $50.00 N/A $50.00
OK GTE Music on Hold MRC Yes Yes $10.00 $1.09 $8.91
OK GTE Custom Recorded Announcement NRC Yes No $260.00 N/A $260.00
OK GTE Custom Recorded Announcement MRC Yes Yes $45.00 $4.92 $40.08
OK GTE 8 Port Conference Calling NRC Yes No $160.00 N/A $160.00
OK GTE 8 Port Conference Calling MRC Yes Yes $110.00 $12.02 $97.98
OK GTE Mag Tape SMDR (per line) NRC Yes No $0.30 N/A $0.30
OK GTE T1 Access NRC Yes No $100.00 N/A $100.00
OK GTE T1 Access MRC Yes Yes $105.00 $11.48 $93.52
OK GTE Priority Set Interface MRC Yes Yes $5.00 $0.55 $4.45
OK GTE Pseudo Numbers MRC Yes Yes $6.00 $0.66 $5.34
OK GTE Automatic Route Selection MRC Yes Yes $175.00 $19.13 $155.87
Optional Attendant Features:
OK GTE Non-Data Link Console Interface NRC Yes No $50.00 N/A $50.00
OK GTE Data Link Console Interface NRC Yes No $210.00 N/A $210.00
OK GTE Data Link Console Interface MRC Yes Yes $90.00 $9.84 $80.16
OK GTE Attendant Identification
Multiple Directory Number NRC Yes No $25.00 N/A $25.00
OK GTE Pre-Determined Night Answer NRC Yes No $25.00 N/A $25.00
OK GTE Universal Night Answer NRC Yes No $65.00 N/A $65.00
Page 19
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------- -----
OK GTE Universal Night Answer MRC Yes Yes $10.00 $1.09 $8.91
OK GTE Mixed Night Answer NRC Yes No $65.00 N/A $65.00
OK GTE Mixed Night Answer MRC Yes Yes $10.00 $1.09 $8.91
OK GTE Additional Console Member NRC Yes No $185.00 N/A $185.00
OK GTE Additional Console Member MRC Yes Yes $90.00 $9.84 $80.16
OK GTE Flexible Night Answer MRC Yes Yes $0.25 $0.03 $0.22
Data Base Changes:
OK GTE Major Software Additions NRC Yes No $100.00 N/A $100.00
OK GTE Routine Software Change NRC Yes No $50.00 N/A $50.00
OK GTE Minor Software Change NRC Yes No $25.00 N/A $25.00
OK GTE Hourly Rate For Non-Listed Additions
or Changes NRC Yes No $50.00 N/A $50.00
29 SWITCHED DATA CUSTOMER LINE SERVICES
OK GTE Individual Line Loop Extension Access MRC Yes Yes $50.00 $5.47 $44.54
OK GTE Individual Line Loop Extension Access NRC Yes No $50.00 N/A $50.00
OK GTE Individual Line Loop Extension Channel MRC Yes Yes $12.00 $1.31 $10.69
OK GTE Individual Line Loop Extension Channel NRC Yes No $50.00 N/A $50.00
OK GTE Central Office Termination MRC Yes Yes $150.00 $16.40 $133.61
OK GTE Central Office Termination NRC Yes No $125.00 N/A $125.00
OK GTE Central Office Channelization MRC Yes Yes $5.00 $0.55 $4.45
OK GTE Data Direct Connect MRC Yes Yes $1.00 $0.11 $0.89
OK GTE Data Closed User Group MRC Yes Yes $1.00 $0.11 $0.89
OK GTE Feature Package Data 1000 MRC Yes Yes $3.00 $0.33 $2.67
OK GTE Software Reconfiguration NRC Yes No $12.75 N/A $12.75
SWB PRIVATE LINE TARIFF
INTRALATA INTEREXCHANGE PRIVATE LINES
Series 200
2 Type 102
OK GTE Local Channel, ea MRC Yes No $11.00 N/A $11.00
PAGE 20
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ------- -------- -------- ------ ------- ------
OK GTE NRC Yes No $210.00 N/A $210.00
OK GTE Interoffice Channel, ea mi MRC Yes No $5.25 N/A $5.25
OK GTE Interoffice Channel Terminal, per terminal,
2 req. per ch. MRC Yes No $6.30 N/A $6.30
IX Channel, per mi, per channel
OK GTE 0 to 150 mi, ea mi MRC Yes No $5.25 N/A $5.25
OK GTE Ea additional mi over 150 MRC Yes No $5.25 N/A $5.25
OK GTE IX Channel terminal per channel MRC Yes No $11.65 N/A $11.65
2 TYPE 250
OK GTE Local Channel, ea NRC Yes No $280.00 N/A $280.00
OK GTE Half-duplex MRC Yes No $19.00 N/A $19.00
OK GTE Duplex MRC Yes No $27.40 N/A $27.40
Interoffice Channel, ea mi
OK GTE Half-duplex MRC Yes No $3.00 N/A $3.00
OK GTE Duplex MRC Yes No $4.00 N/A $4.00
Interoffice Channel Terminal, per
terminal, 2 req. per ch.
OK GTE Half-duplex MRC Yes No $12.35 N/A $12.35
OK GTE Duplex MRC Yes No $12.35 N/A $12.35
IX Channel, ea mi
Half-duplex
OK GTE 0 to 150 mi, ea mi MRC Yes No $4.20 N/A $4.20
OK GTE Ea additional mi over 150 MRC Yes No $2.30 N/A $2.30
Duplex
OK GTE 0 to 150 mi, ea mi MRC Yes No $4.20 N/A $4.20
OK GTE Ea additional mi over 150 MRC Yes No $2.30 N/A $2.30
2 IXC Terminal, per terminal, 2 required per IXC
OK GTE Half-duplex MRC Yes No $42.65 N/A $42.65
OK GTE Duplex MRC Yes No $43.45 N/A $43.45
2 Type 251
OK GTE Local Channel, ea NRC Yes No $280.00 N/A $280.00
OK GTE Half-duplex MRC Yes No $22.85 N/A $22.85
OK GTE Duplex MRC Yes No $31.25 N/A $31.25
Interoffice Channel, ea mi
PAGE 21
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------- -------- -------- ------ ------- ------
OK GTE Half-duplex MRC Yes No $3.00 N/A $3.00
OK GTE Duplex MRC Yes No $4.00 N/A $4.00
Interoffice Channel Terminal, per
terminal, 2 req. per ch.
OK GTE Half-duplex MRC Yes No $6.85 N/A $6.85
OK GTE Duplex MRC Yes No $6.85 N/A $6.85
IX Channel, ea mi
Half-duplex
OK GTE 0 to 150 mi, ea mi MRC Yes No $3.60 N/A $3.60
OK GTE Ea additional mi over 150 MRC Yes No $2.60 N/A $2.60
Duplex
OK GTE 0 to 150 mi, ea mi MRC Yes No $3.60 N/A $3.60
OK GTE Ea additional mi over 150 MRC Yes No $2.60 N/A $2.60
2 IXC Terminal, per terminal, 2 required per IXC
OK GTE Half-duplex MRC Yes No $40.40 N/A $40.40
OK GTE Duplex MRC Yes No $41.15 N/A $41.15
2 Series 300 and 400
Local Channel, ea
OK GTE Type 314B (1) MRC Yes No $39.25 N/A $39.25
OK GTE Type 314B (1) NRC Yes No $535.00 N/A $535.00
OK GTE Type 314C NRC Yes No $450.00 N/A $450.00
OK GTE Type 315 MRC Yes No $12.95 N/A $12.95
OK GTE Type 315 NRC Yes No $240.00 N/A $240.00
OK GTE Type 317A MRC Yes No $16.00 N/A $16.00
OK GTE Type 317A NRC Yes No $405.00 N/A $405.00
OK GTE Type 317B MRC Yes No $14.75 N/A $14.75
OK GTE Type 317B NRC Yes No $410.00 N/A $410.00
OK GTE Type 322 MRC Yes No $32.00 N/A $32.00
OK GTE Type 322 NRC Yes No $470.00 N/A $470.00
OK GTE Type 342 MRC Yes No $17.00 N/A $17.00
OK GTE Type 342 NRC Yes No $260.00 N/A $260.00
OK GTE Type 343 MRC Yes No $40.00 N/A $40.00
OK GTE Type 343 NRC Yes No $275.00 N/A $275.00
PAGE 22
119
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
Issue Date: 06/26/97
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ----- ------
OK GTE Type 420 MRC Yes No $29.50 N/A $29.50
OK GTE Type 420 NRC Yes No $265.00 N/A $265.00
OK GTE Type 422 MRC Yes No $28.75 N/A $28.75
OK GTE Type 422 NRC Yes No $265.00 N/A $265.00
OK GTE Type 423 MRC Yes No $11.00 N/A $11.00
OK GTE Type 423 NRC Yes No $260.00 N/A $260.00
OK GTE Type 424 (1) MRC Yes No $30.25 N/A $30.25
OK GTE Type 424 (1) NRC Yes No $310.00 N/A $310.00
OK GTE Type 425 MRC Yes No $22.50 N/A $22.50
OK GTE Type 425 NRC Yes No $260.00 N/A $260.00
OK GTE Type 428 MRC Yes No $12.75 N/A $12.75
OK GTE Type 428 NRC Yes No $260.00 N/A $260.00
OK GTE Type 435 MRC Yes No $31.25 N/A $31.25
OK GTE Type 435 NRC Yes No $250.00 N/A $250.00
OK GTE Interoffice Channel, ea mi MRC Yes No $3.50 N/A $3.50
OK GTE Interoffice Channel Terminal MRC Yes No $4.20 N/A $4.20
IX Channel, mi
OK GTE 0 to 150 mi, ea mi MRC Yes No $2.70 N/A $2.70
OK GTE Ea additional mi over 150 MRC Yes No $2.15 N/A $2.15
2 Interexchange Channel Terminal
OK GTE Type 314B MRC Yes No $12.95 N/A $12.95
OK GTE Type 314C MRC Yes No $15.00 N/A $15.00
OK GTE Type 317A MRC Yes No $18.85 N/A $18.85
OK GTE Type 317B MRC Yes No $12.95 N/A $12.95
OK GTE Type 322 MRC Yes No $19.40 N/A $19.40
OK GTE Type 342 MRC Yes No $12.95 N/A $12.95
OK GTE Type 343 MRC Yes No $12.95 N/A $12.95
OK GTE Type 420 MRC Yes No $15.15 N/A $15.15
OK GTE Type 422 MRC Yes No $15.15 N/A $15.15
OK GTE Type 423 MRC Yes No $12.95 N/A $12.95
OK GTE Type 424 MRC Yes No $12.95 N/A $12.95
OK GTE Type 425 MRC Yes No $12.95 N/A $12.95
Page 23
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE Type 428 MRC Yes No
OK GTE Type 435 MRC Yes No
OK GTE 2 Bridging Charge, (multi point service), per bridged channel MRC Yes No
Channel Conditioning
Type C1
OK GTE Two-point not arranged for switching, per station MRC Yes No
OK GTE Two-point not arranged for switching, per station NRC Yes No
OK GTE Two-point arranged for switching, per station MRC Yes No
OK GTE Two-point arranged for switching, per station NRC Yes No
OK GTE Multi-point channel, per station MRC Yes No
OK GTE Multi-point channel, per station NRC Yes No
Type C2
OK GTE Two-point not arranged for switching, per station MRC Yes No
OK GTE Two-point not arranged for switching, per station NRC Yes No
OK GTE Two-point arranged for switching, per station MRC Yes No
OK GTE Two-point arranged for switching, per station NRC Yes No
OK GTE Multi-point channel, per station MRC Yes No
OK GTE Multi-point channel, per station NRC Yes No
2 Type C4
OK GTE Two-point channel, per channel MRC Yes No
OK GTE Two-point channel, per channel NRC Yes No
OK GTE Three or four-point channel, per station MRC Yes No
OK GTE Three or four-point channel, per station NRC Yes No
Type C5
OK GTE On a two-point channel not arr. for switch., per sta. MRC Yes No
OK GTE On a two-point channel not arr. for switch., per sta. NRC Yes No
Type D1
OK GTE Two-point channel not arr. for switching, per channel MRC Yes No
OK GTE Two-point channel not arr. for switching, per channel NRC Yes No
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------- -----
OK GTE Type 428 $12.95 N/A $12.95
OK GTE Type 435 5.70 N/A $12.95
OK GTE 2 Bridging Charge, (multi point service), per bridged channel $5.70 N/A $5.70
Channel Conditioning
Type C1
OK GTE Two-point not arranged for switching, per station $6.90 N/A $6.90
OK GTE Two-point not arranged for switching, per station $75.00 N/A $75.00
OK GTE Two-point arranged for switching, per station $12.40 N/A $12.40
OK GTE Two-point arranged for switching, per station $75.00 N/A $75.00
OK GTE Multi-point channel, per station $6.90 N/A $6.90
OK GTE Multi-point channel, per station $75.00 N/A $75.00
Type C2
OK GTE Two-point not arranged for switching, per station $27.60 N/A $27.60
OK GTE Two-point not arranged for switching, per station $75.00 N/A $75.00
OK GTE Two-point arranged for switching, per station $41.40 N/A $41.40
OK GTE Two-point arranged for switching, per station $75.00 N/A $75.00
OK GTE Multi-point channel, per station $20.70 N/A $20.70
OK GTE Multi-point channel, per station $75.00 N/A $75.00
2 Type C4
OK GTE Two-point channel, per channel $96.60 N/A $96.60
OK GTE Two-point channel, per channel $150.00 N/A $150.00
OK GTE Three or four-point channel, per station $62.10 N/A $62.10
OK GTE Three or four-point channel, per station $75.00 N/A $75.00
Type C5
OK GTE On a two-point channel not arr. for switch., per sta. $69.00 N/A $69.00
OK GTE On a two-point channel not arr. for switch., per sta. $75.00 N/A $75.00
Type D1
OK GTE Two-point channel not arr. for switching, per channel $16.55 N/A $16.55
OK GTE Two-point channel not arr. for switching, per channel $150.00 N/A $150.00
PAGE 24
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
GTESW OKLAHOMA STATE ACCESS TARIFF
OK GTE 5 Design Change Charge per ASR/Per Occurrance NRC Yes No
OK GTE Special Transport, per airline mile MRC Yes No
OK GTE Special Access Line - Two-Wire NRC Yes No
OK GTE Special Access Line - Two-Wire MRC Yes No
OK GTE Special Access Line - Four-Wire NRC Yes No
OK GTE Special Access Line - Four-Wire MRC Yes No
Supplemental Features, Per Port
OK GTE Multi-point Data Bridging MRC Yes No
OK GTE Voice Conference Bridging MRC Yes No
OK GTE Alarm Distributing Bridging - Common Equipment MRC Yes No
OK GTE Alarm Distributing Bridging - Per Two-Wire Port MRC Yes No
OK GTE Conditioning Arrangements - Data Type C MRC Yes No
OK GTE Conditioning Arrangements - Data Type DA MRC Yes No
OK GTE Conditioning Arrangements - Data Type C - Improved MRC Yes No
OK GTE Signaling Arrangement/per XXX-Loop Signaling Range Extension MRC Yes No
OK GTE Signaling Arrangement/per XXX-Loop or E&M to SF MRC Yes No
OK GTE Signaling Arrangement/per XXX-E&M to DX MRC Yes No
OK GTE Signaling Arrangement/per XXX-E&M to Loop MRC Yes No
OK GTE Signaling Arrangement/per XXX-Loop or E&M to PCM MRC Yes No
OK GTE Signaling Arrangement/per XXX-Automatic Ringdown MRC Yes No
OK GTE Signaling Arrang/per XXX-Echo Control-Echo Suppression/per CKT MRC Yes No
OK GTE Signaling Arrang/per XXX-Echo Control-Echo Canceller/per CKT MRC Yes No
OK GTE Impoved Return Loss/per XXX MRC Yes No
OK GTE Impoved Termination Option/per XXX MRC Yes No
OK GTE Impoved Equal Level Echo Path Loss/per XXX MRC Yes No
OK GTE Voicebank Facility Switching Arrangement MRC Yes No
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------- -----
GTESW OKLAHOMA STATE ACCESS TARIFF
OK GTE 5 Design Change Charge per ASR/Per Occurrance $38.18 N/A $38.18
OK GTE Special Transport, per airline mile $4.50 N/A $4.50
OK GTE Special Access Line - Two-Wire $200.00 N/A $200.00
OK GTE Special Access Line - Two-Wire $30.00 N/A $30.00
OK GTE Special Access Line - Four-Wire $200.00 N/A $200.00
OK GTE Special Access Line - Four-Wire $48.00 N/A $48.00
Supplemental Features, Per Port
OK GTE Multi-point Data Bridging $9.73 N/A $9.73
OK GTE Voice Conference Bridging $10.05 N/A $10.05
OK GTE Alarm Distributing Bridging - Common Equipment $30.00 N/A $30.00
OK GTE Alarm Distributing Bridging - Per Two-Wire Port $4.42 N/A $4.42
OK GTE Conditioning Arrangements - Data Type C $3.15 N/A $3.15
OK GTE Conditioning Arrangements - Data Type DA $2.99 N/A $2.99
OK GTE Conditioning Arrangements - Data Type C - Improved $30.00 N/A $30.00
OK GTE Signaling Arrangement/per XXX-Loop Signaling Range Extension $10.00 N/A $10.00
OK GTE Signaling Arrangement/per XXX-Loop or E&M to SF $16.00 N/A $16.00
OK GTE Signaling Arrangement/per XXX-E&M to DX $14.00 N/A $14.00
OK GTE Signaling Arrangement/per XXX-E&M to Loop $12.00 N/A $12.00
OK GTE Signaling Arrangement/per XXX-Loop or E&M to PCM $10.54 N/A $10.54
OK GTE Signaling Arrangement/per XXX-Automatic Ringdown $10.00 N/A $10.00
OK GTE Signaling Arrang/per XXX-Echo Control-Echo Suppression/per CK $30.00 N/A $30.00
OK GTE Signaling Arrang/per XXX-Echo Control-Echo Canceller/per CKT $85.00 N/A $85.00
OK GTE Impoved Return Loss/per XXX $3.75 N/A $3.75
OK GTE Impoved Termination Option/per XXX $10.00 N/A $10.00
OK GTE Impoved Equal Level Echo Path Loss/per XXX $3.75 N/A $3.75
OK GTE Voicebank Facility Switching Arrangement $11.02 N/A $11.02
PAGE 25
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION
-- -- --- ------------------- ---- -------- --------
OK GTE PA (200-3500 Hz)-Special Transport per ALM MRC Yes No
OK GTE PA (200-3500 Hz)-Special Transport per ALM DAILY Yes No
OK GTE PA (200-3500 Hz)-Special Access Line NRC Yes No
OK GTE PA (200-3500 Hz)-Special Access Line MRC Yes No
OK GTE PA (200-3500 Hz)-Special Access Line DAILY Yes No
OK GTE PA (100-5000 Hz)-Special Transport per ALM MRC Yes No
OK GTE PA (100-5000 Hz)-Special Transport per ALM DAILY Yes No
OK GTE PA (100-5000 Hz)-Special Access Line NRC Yes No
OK GTE PA (100-5000 Hz)-Special Access Line MRC Yes No
OK GTE PA (100-5000 Hz)-Special Access Line DAILY Yes No
OK GTE PA (50-8000 Hz)-Special Transport per ALM MRC Yes No
OK GTE PA (50-8000 Hz)-Special Transport per ALM DAILY Yes No
OK GTE PA (50-8000 Hz)-Special Access Line NRC Yes No
OK GTE PA (50-8000 Hz)-Special Access Line MRC Yes No
OK GTE PA (50-8000 Hz)-Special Access Line DAILY Yes No
OK GTE PA (50-15000 Hz)-Special Transport per ALM MRC Yes No
OK GTE PA (50-15000 Hz)-Special Transport per ALM DAILY Yes No
OK GTE PA (50-15000 Hz)-Special Access Line NRC Yes No
OK GTE PA (50-15000 Hz)-Special Access Line MRC Yes No
OK GTE PA (50-15000 Hz)-Special Access Line DAILY Yes No
OK GTE PA (50-15000 Hz)-Conditioning Program Audio, Stereo Conditioning MRC Yes No
OK GTE PA (50-15000 Hz)-Conditioning Program Audio, Stereo Conditioning DAILY Yes No
OK GTE PA (All Bandwidths)-Program Audio Bridging per port MRC Yes No
OK GTE PA (All Bandwidths)-Program Audio Bridging per port DAILY Yes No
OK GTE PA (All Bandwidths)-Conditioning Program Audio Zero Loss per XXX MRC Yes No
OK GTE PA (All Bandwidths)-Conditioning Program Audio Zero Loss per XXX DAILY Yes No
OK GTE DDS(2.4, 4.8, 9.6, 19.2, 56, 64 Kbps) Special Transport Per ALM MRC Yes No
RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION RATE COST RATE
-- -- --- ------------------- ------ ------- -----
OK GTE PA (200-3500 Hz)-Special Transport per ALM $4.70 N/A $4.70
OK GTE PA (200-3500 Hz)-Special Transport per ALM $0.47 N/A $0.47
OK GTE PA (200-3500 Hz)-Special Access Line $200.00 N/A $200.00
OK GTE PA (200-3500 Hz)-Special Access Line $30.00 N/A $30.00
OK GTE PA (200-3500 Hz)-Special Access Line $3.00 N/A $3.00
OK GTE PA (100-5000 Hz)-Special Transport per ALM $9.00 N/A $9.00
OK GTE PA (100-5000 Hz)-Special Transport per ALM $0.90 N/A $0.90
OK GTE PA (100-5000 Hz)-Special Access Line $200.00 N/A $200.00
OK GTE PA (100-5000 Hz)-Special Access Line $41.00 N/A $41.00
OK GTE PA (100-5000 Hz)-Special Access Line $4.10 N/A $4.10
OK GTE PA (50-8000 Hz)-Special Transport per ALM $14.45 N/A $14.45
OK GTE PA (50-8000 Hz)-Special Transport per ALM $1.45 N/A $1.45
OK GTE PA (50-8000 Hz)-Special Access Line $200.00 N/A $200.00
OK GTE PA (50-8000 Hz)-Special Access Line $42.00 N/A $42.00
OK GTE PA (50-8000 Hz)-Special Access Line $4.20 N/A $4.20
OK GTE PA (50-15000 Hz)-Special Transport per ALM $21.66 N/A $21.66
OK GTE PA (50-15000 Hz)-Special Transport per ALM $2.17 N/A $2.17
OK GTE PA (50-15000 Hz)-Special Access Line $200.00 N/A $200.00
OK GTE PA (50-15000 Hz)-Special Access Line $43.00 N/A $43.00
OK GTE PA (50-15000 Hz)-Special Access Line $4.30 N/A $4.30
OK GTE PA (50-15000 Hz)-Conditioning Program Audio, Stereo Conditioning $15.81 N/A $15.81
OK GTE PA (50-15000 Hz)-Conditioning Program Audio, Stereo Conditioning $1.58 N/A $1.58
OK GTE PA (All Bandwidths)-Program Audio Bridging per port $10.84 N/A $10.84
OK GTE PA (All Bandwidths)-Program Audio Bridging per port $1.08 N/A $1.08
OK GTE PA (All Bandwidths)-Conditioning Program Audio Zero Loss per XXX $15.81 N/A $15.81
OK GTE PA (All Bandwidths)-Conditioning Program Audio Zero Loss per XXX $1.58 N/A $1.58
OK GTE DDS(2.4, 4.8, 9.6, 19.2, 56, 64 Kbps) Special Transport Per ALM $4.50 N/A $4.50
PAGE 26
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE
-- -- --- ------------------- ---- -------- -------- ------
OK GTE DDS(2.4, 4.8, 9.6, 19.2 56, 64 Kbps) XXX NRC Yes No $250.00
OK GTE DDS(2.4, 4.8, 9.6, 19.2 Kbps) XXX MRC Yes No $68.00
OK GTE DDS(56, 64 Kbps) XXX MRC Yes No $85.00
OK GTE DDS Bridging (per port) MRC Yes No $11.00
OK GTE DDS Secondary Channel MRC Yes No $7.00
OK GTE Multiplexing-DS1 to Voice NRC Yes No $800.00
OK GTE Multiplexing-DS1 to Voice MRC Yes No $190.00
OK GTE Multiplexing-DS3 to DS1 NRC Yes No $450.00
OK GTE Multiplexing-DS3 to DS1 MRC Yes No $490.00
OK GTE Digital Data Carrier Multiplexer NRC Yes No $1,500.00
OK GTE Digital Data Carrier Multiplexer MRC Yes No $550.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to twenty 2.4 Kbps NRC Yes No $800.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to twenty 2.4 Kbps MRC Yes No $160.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to ten 4.8 Kbps NRC Yes No $800.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to ten 4.8 Kbps MRC Yes No $120.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to Five 9.6 Kbps NRC Yes No $800.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to Five 9.6 Kbps MRC Yes No $100.00
OK GTE DS1 Special Access Line-First System NRC Yes No $254.00
OK GTE DS1 Special Access Line-First System MRC Yes No $254.00
OK GTE DS1 Special Access Line-Each Additional Sysytem NRC Yes No $900.00
OK GTE DS1 Special Access Line-Each Additional Sysytem MRC Yes No $254.00
OK GTE DS1 Special Access Line-Special Transport Termination MRC Yes No $30.00
OK GTE DS1 Special Access Line-Special Transport per ALM MRC Yes No $15.00
OK GTE DS1-Automatic Protecting Switching NRC Yes No $700.00
OK GTE DS1-Automatic Protecting Switching MRC Yes No $100.00
OK GTE DS1 OPP "First System" XXX-One Year MRC Yes No $250.00
OK GTE DS1 OPP "First System" XXX-Three Year MRC Yes No $210.00
OK GTE DS1 OPP "First System" XXX-Five Year MRC Yes No $175.00
AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION COST RATE
-- -- --- ------------------- ------- ------
OK GTE DDS(2.4, 4.8, 9.6, 19.2 56, 64 Kbps) XXX N/A $250.00
OK GTE DDS(2.4, 4.8, 9.6, 19.2 Kbps) XXX N/A $68.00
OK GTE DDS(56, 64 Kbps) XXX N/A $85.00
OK GTE DDS Bridging (per port) N/A $11.00
OK GTE DDS Secondary Channel N/A $7.00
OK GTE Multiplexing-DS1 to Voice N/A $800.00
OK GTE Multiplexing-DS1 to Voice N/A $190.00
OK GTE Multiplexing-DS3 to DS1 N/A $450.00
OK GTE Multiplexing-DS3 to DS1 N/A $490.00
OK GTE Digital Data Carrier Multiplexer N/A $1,500.00
OK GTE Digital Data Carrier Multiplexer N/A $550.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to twenty 2.4 Kbps N/A $800.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to twenty 2.4 Kbps N/A $160.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to ten 4.8 Kbps N/A $800.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to ten 4.8 Kbps N/A $120.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to Five 9.6 Kbps N/A $800.00
OK GTE Digital Data Carrier Subrate Multiplexer-one DSO to Five 9.6 Kbps N/A $100.00
OK GTE DS1 Special Access Line-First System N/A $254.00
OK GTE DS1 Special Access Line-First System N/A $254.00
OK GTE DS1 Special Access Line-Each Additional Sysytem N/A $900.00
OK GTE DS1 Special Access Line-Each Additional Sysytem N/A $254.00
OK GTE DS1 Special Access Line-Special Transport Termination N/A $30.00
OK GTE DS1 Special Access Line-Special Transport per ALM N/A $15.00
OK GTE DS1-Automatic Protecting Switching N/A $700.00
OK GTE DS1-Automatic Protecting Switching N/A $100.00
OK GTE DS1 OPP "First System" XXX-One Year N/A $250.00
OK GTE DS1 OPP "First System" XXX-Three Year N/A $210.00
OK GTE DS1 OPP "First System" XXX-Five Year N/A $175.00
PAGE 27
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------- ------
OK GTE DS3 Electrical Interface XXX - One Year - 3system NRC Yes No $2,500.00 N/A $2,500.00
OK GTE DS3 Electrical Interface XXX - One Year - 3 system MRC Yes No $3,800.00 N/A $3,800.00
OK GTE DS3 Electrical Interface XXX - Three Year - 3 system NRC Yes No $2,500.00 N/A $2,500.00
OK GTE DS3 Electrical Interface XXX - Three Year - 3 system MRC Yes No $2,700.00 N/A $2,700.00
OK GTE DS3 Electrical Interface XXX - Five Year - 3 system NRC Yes No $2,500.00 N/A $2,500.00
OK GTE DS3 Electrical Interface XXX - Five Year - 3 system MRC Yes No $2,400.00 N/A $2,400.00
OK GTE DS3 Electrical Interface XXX - Seven Year -3 system NRC Yes No $2,500.00 N/A $2,500.00
OK GTE DS3 Electrical Interface XXX - Seven Year - 3 system MRC Yes No $2,250.00 N/A $2,250.00
OK GTE DS3 Electrical Interface each add'l XXX - One Year (Max of 2) NRC Yes No $400.00 N/A $400.00
OK GTE DS3 Electrical Interface each add'l XXX - One Year (Max of 2) MRC Yes No $500.00 N/A $500.00
OK GTE DS3 Electrical Interface each add'l XXX - Three Year (Max of 2) NRC Yes No $400.00 N/A $400.00
OK GTE DS3 Electrical Interface each add'l XXX - Three Year (Max of 2) MRC Yes No $400.00 N/A $400.00
OK GTE DS3 Electrical Interface each add'l XXX - Five Year (Max of 2) NRC Yes No $400.00 N/A $400.00
OK GTE DS3 Electrical Interface each add'l XXX - Five Year (Max of 2) MRC Yes No $300.00 N/A $300.00
OK GTE DS3 Electrical Interface each add'l XXX - Seven Year (Max of 2) NRC Yes No $400.00 N/A $400.00
OK GTE DS3 Electrical Interface each add'l XXX - Seven Year (Max of 2) MRC Yes No $200.00 N/A $200.00
OK GTE DS3 Electrical Interface each XXX - One Year NRC Yes No $900.00 N/A $900.00
OK GTE DS3 Electrical Interface each XXX - One Year MRC Yes No $900.00 N/A $900.00
OK GTE DS3 Electrical Interface each XXX - Three Year NRC Yes No $900.00 N/A $900.00
OK GTE DS3 Electrical Interface each XXX - Three Year MRC Yes No $700.00 N/A $700.00
OK GTE DS3 Electrical Interface each XXX - Five Year NRC Yes No $900.00 N/A $900.00
OK GTE DS3 Electrical Interface each XXX - Five Year MRC Yes No $650.00 N/A $650.00
OK GTE DS3 Electrical Interface each XXX - Seven Year NRC Yes No $900.00 N/A $900.00
OK GTE DS3 Electrical Interface each XXX - Seven Year MRC Yes No $610.00 N/A $610.00
OK GTE DS3 Electrical Interface XXX - Spec Trans Term - 3 system MRC Yes No $300.00 N/A $300.00
OK GTE DS3 Electrical Interface XXX - Spec Trans Fac per ALM - 3 system MRC Yes No $60.00 N/A $60.00
OK GTE DS3 Electrical Interface XXX - Multiplexer Cross Connect Arrang MRC Yes No $65.00 N/A $65.00
OK GTE Clear Channel Capability NRC Yes No $90.00 N/A $90.00
OK GTE Clear Channel Capability MRC Yes No $24.00 N/A $24.00
Footnote: (1) The retail rates above do not include the End User Subscriber
Line Charge (ECSLC) The ALEC will be resp
Page 28
125
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF OKLAHOMA
GTESW EXCHANGE NETWORK TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------ ------- ------
Footnote: (2) This document is subject to the terms and conditions of the
nondisclosure agreement between the ALEC and GTE.
Footnote: (3) This matrix is subject to Legal and/or Regulatory constraints.
Footnote: (4) Prices contained in this price list have been calculated
according to the formula: (1) retail price, less (2) avoided
retail costs.
Footnote: (5) Resale with discount to Business Customers only. No Resale
and No Discount to Residential Customers
Page 29
126
APPENDIX G
PRICES FOR UNBUNDLED ELEMENTS
General. The rates contained in this Appendix G are the rates as defined in
Article VII and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Service Support Surcharge)), the establishment of a competitively neutral
universal service system, or any appeal or other litigation.
(1) Local Loops
Local Loop
2 Wire Loop $ 34.00
4 Wire Loop $ 54.00
Network Interface Device
Basic NID $ 1.60
12x NID $ 2.30
(2) Local Switching (Must purchase Port)
Ports
2 Wire Basic Port $ 6.20
DS-1 Port $ 71.00
Local Switching
Originating MOU $ 0.0056564
Terminating MOU $ 0.0056564
Intrastate End Office Switching
Originating MOU $ 0.0056564
Terminating MOU $ 0.0056564
Interconnection Charge $ 0.0100320
CCL
-Originating $ 0.0122000
-Terminating $ 0.0122000
Interstate End Office Switching
Originating MOU $ 0.0056564
Terminating MOU $ 0.0056564
Interconnection Charge $ 0.0037789
CCL
-Originating $ 0.0100000
-Terminating $ 0.0215610
(3) Features See Attached
(4) Dedicated Transmission Links
Entrance Facility
2 Wire Voice $ 34.00
4 Wire Voice $ 54.00
DS1 Standard 1st System $ 275.00
DS1 Standard Add'l System $ 140.00
DS3 Protected, Electrical $1,250.00
DS1 to Voice Multiplexing $ 195.00
G-1
127
DS3 to Voice Multiplexing $ 350.00
Direct Trunked Transport
Voice Facility Per ALM $ 4.44
DS1 Facility Per ALM $ 4.75
DS1 Per Termination $ 30.00
DS3 Facility Per ALM $ 25.00
DS3 Per Termination $ 300.00
(5) Common/Shared Transmission Links
Transport Termination MOU/Term $ 0.0001333
Transport Facility MOU/Mile $ 0.0000106
(6) Tandem Switching MOU $ 0.0006351
(7) Databases and Signaling Systems
Signaling Links and STP
56 Kbps Links $ 78.98
DS-1 Link $ 90.78
Signal Transfer Point (STP) Port Term $ 178.90
Call Related Databases
Line Information Database (ABS-Queries) $ 0.035
Toll Free Calling Database Transport (ABS-Queries) $ 0.0046
Toll Free Calling Database (DB800 Queries) $ 0.0086010
Non-Recurring Charges for Unbundled Services
Service Ordering (loop or port)
Initial Service Order, per order $ 47.25
Transfer of Service Charges, per order $ 16.00
Subsequent Service Order, per order $ 24.00
Customer Service Record Research, per request $ 5.25
Installation
Unbundled Loop, per loop $ 11.75
Unbundled Port, per port $ 11.75
Loop Facility Charge, per order $ 68.25
This charge will apply when field
work is required for establishment of new unbundled loop service.
Monthly Recurring Charge for EIS
DS0 Level Connection $ 2.21
DS1 Level Connection $ 5.30
G-2
128
OKLAHOMA FEATURES
FEATURE NAME: GTE PROPOSED RATE:
------------- ------------------
1. Speed Call 8 (Changeable) $ 0.25
2. Speed Call 30 (Changeable) $ 0.25
3. Cancel Call Waiting $ 0.25
4. Call Forward Variable $ 0.25
5. Call Waiting $ 0.25
6. Dual Tone Multifrequency (DTMF) $ 0.25
7. Three-Way Calling $ 0.75
8. Account Codes For AFR $ 0.25
9. Add On - Consultation Hold - Incoming Only $ 0.25
10 Attendant BL Verification $ 0.75
11. Attendant camp-on (NonDL Console) $ 0.25
12. Attendant Conference $ 5.00
13. Authorization Codes for AFR $ 0.50
14. Basic Business Group $ 1.50
15. Dual Tone Multifrequency (DTMF) $ 0.25
16. Station-to-Station Dialing (Intercom) $ 2.75
17. Business Group Automatic Callback (BGAC) $ 0.25
18. Call Forwarding Variable $ 0.25
19. Business Group - Speed Call - 8 $ 0.25
20. Business Group - Speed Call - 30 $ 0.25
21. Business Group - Three Way Calling (TWC) $ 0.75
22. Code Calling $ 0.25
23. Call Forward Busy Line $ 0.25
24. Call Forward Don't Answer $ 0.25
25. Call Forward Fixed $ 0.25
26. Call Forwarding - Incoming Only $ 0.25
27. Call Flip/Flop $ 0.25
28. Call Forwarding - Withing Group $ 0.25
29. Call Hold $ 0.25
30. Circular Hunting $ 0.25
31. Call Park $ 0.25
32. Call Pick-Up $ 0.25
33. Code Restrictions and Diversion $ 2.00
34. Call Transfer Individual - All Calls $ 0.25
35. Call Waiting Originating $ 0.25
36. Call Waiting Terminating $ 0.25
37. Direct Connect $ 0.25
38. Directed Call Pickup W/BI $ 0.25
39. Directed Call Pickup WO/BI $ 0.25
40. Dial Call Waiting $ 0.25
G-3
129
OKLAHOMA FEATURES
FEATURE NAME: GTE PROPOSED RATE:
------------- ------------------
41. Remote Access to (Business Group) Features $ 0.25
42. Distinctve Ringing $ 0.25
43. Executive Busy Override $ 0.25
44. Fixed Night Service - Call Fwd $ 0.25
45. Fixed Night Service - Key $ 0.25
46. Fully Restricted (Orig/Term) $ 0.50
47. Facility Restriction Level $ 2.00
48. Foreign Exchange Facilities $ 0.25
49. Last Number Redial $ 0.25
50. Loud Speaker Paging $ 0.25
51. Make Busy Key $ 1.25
52. Off-Hook Queuing $ 0.25
53. On-Hook Queuing $ 0.25
54. Preferential Multiline Hunting $ 0.25
55. Recorded Telephone Dictation $ 0.25
56. Speed Calling Individual 1 Digit $ 0.25
57. Speed Calling Individual 2 Digit $ 0.25
58. Stop Xxxx Key $ 1.25
59. Special Intercept Announcements $ 0.50
60. Station Restricted (Orig/Term) $ 0.50
61. Time of Day Routing Control $ 0.50
62. Toll Restricted Service $ 2.00
63. Two-way Splitting $ 0.25
64. Uniform Call Distribution (UCD) Hunting $ 0.25
65. Auto Alt Rt $ 1.25
66. Auto Rt Sel $ 0.75
67. Meet Me Conf $ 62.00
68. Auto Call Back $ 0.25
69. Anon Call Rej $ 0.25
70. Auto Recall $ 0.25
71. Call Num Deliver $ 0.25
72. Call Num DeliverBlk $ 0.25
73. Cust Ord Trace $ 0.25
74. Dist Ring/VIP $ 0.25
75. Select Call Accept $ 0.25
76. Select Call Frwd $ 0.25
77. Select Call Reject $ 0.25
78. Select Call Wait $ 0.25
---------------- -------
TOTAL $101.25
G-4
130
APPENDIX H
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS
The following services are offered by GTE for purchase by DTI, where an
individual item is not superseded by a tariffed offering.
NRC MRC
--- ---
1. 9-1-1 Selective Router Map $125.00 n/a
Provided is a color map showing a selective router's
location and the GTE central offices that send their 9-1-1
call to it. The selective router and central office information
will include CLLI codes and NPA/NXXs served. The map
will include boundaries of each central office and show major
streets and the county boundary. Permission to reproduce
within DTI for its internal use is granted without further fee.
Non-tariffed price.
2. 9-1-1 Selective Router Pro-Rata Fee/trunk $0 $100.77
This fee covers the cost of selective routing switch capacity
per trunk to cover investment to handle the additional capacity
without going to the 9-1-1 districts for additional funding.
3. PS ALI Software $790.80
a personal computer software program running on Windows
3.1(TM)for formatting subscriber records into NENA Verison #2
format to create files for uploading to GTE's ALI Gateway.
Fee includes software, warranty and 0 000 000-0000 support
at no additional cost.
4. ALI Gateway Service $135.00 $36.12
Interface for delivery of ALI records to GTE's Data Base
Management System. This provides a computer access port for
DTI to transmit daily subscriber record updates to GTE for
loading into ALI databases. It includes support at
0 000 000-0000 at no additional cost.
5. 9-1-1 Interoffice Trunk Tariff Tariff
This is a tariffed offering, to be found in each state's
Emergency Number Service Tariff.
6. ALI Database Tariff Tariff
This is a tariffed offering, to be found in each state's
Emergency Number Service Tariff.
7. Selective Router Database per Record Charge Tariff Tariff
Fee for each ALI record used in a GTE selective router.
This is a tariffed offering, to be found in each state's
Emergency Number Service Tariff.
H-1
131
NRC MRC
--- ---
8. MSAG Copy
Production of one copy of a 9-1-1 Customer's Master Street Address Guide,
postage paid.
a. Copy provided in paper format $238.50 $54.00
b. Copy provided in flat ASCII file on a 3 1/2" diskette $276.00 $36.00
H-2
132
APPENDIX I
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE
1. Service Ordering, Provisioning, and Billing Systems Generally. The
following describes generally the operations support systems that GTE
will use and the related functions that are available for ordering,
provisioning and billing for resold services, interconnection
facilities and services and unbundled network elements. Except as
specifically provided otherwise in this Agreement, service ordering,
provisioning, billing and maintenance shall be governed by the GTE
Guide. Before orders can be taken, DTI will provide GTE with its
Operating Company Number ("OCN") and Company Code ("CC") as follows:
(a) The ALEC must provide their OCN (four-digit alpha-numeric
assigned by Bellcore or number administrator) on the ALEC
Profile. The GTE Guide provides the necessary information for
the ALEC to contact Bellcore to obtain the OCN. There are no
optional fields on the Profile.
(b) Before the Local Service Request ("LSR") and Directory Service
Request ("DSR") order forms can be processed DTI must provide
the OCN and Customer Carrier Name Abbreviation ("CCNA").
1.1 Operations Support Systems for Trunk-Side Interconnection
1.1.1 DTI will be able to order trunk-side interconnector
services and facilities from GTE through a direct
electronic interface over the GTE Network Data Mover
("NDM") in a nondiscriminatory manner. Orders for
trunk-side interconnection will be initiated by an
Access Service Request ("ASR") sent electronically by
DTI over the NDM. ASRs for trunk-side interconnection
will be entered electronically into GTE's Carrier
Access Management System ("CAMS") to validate the
request, identify any errors, and resolve any errors
back to DTI. CAMS is a family of GTE systems
comprised primarily of EXACT/TUF, SOG/SOP, and CABS.
1.1.2 The use of CAMS to support DTI's requests for
trunk-side interconnection will operate in the
following manner: GTE will route the ASR through its
data center to one of two National Access Ordering
Centers ("NACC"). The ASR will be entered
electronically into the EXACT/TUF system for
validation and correction of errors. Errors will be
referred back to DTI. DTI then will correct any
errors that GTE has identified and resubmit the
request to GTE electronically through a supplemental
ASR, without penalty or charge (e.g., order
modification charge) to DTI. Similarly, errors
committed by GTE subsequent to the receipt of a valid
ASR from DTI will be expeditiously identified and
corrected by GTE without the need for DTI's
submission of a supplemental ASR. GTE then will
translate the ASR into a service order for
provisioning and billing. In order to convert the ASR
into a service order, GTE personnel must apply the
necessary elements to provision the service and
include the billable elements necessary for GTE to
xxxx DTI for the services provided. This application
also requires a determination of the access tandem to
end office relationships with the service requested.
1.1.3 At the next system level, translated service orders
will be distributed electronically through the
SOG/SOP systems to several destinations. The SOG/SOP
system will begin the actual provisioning of the
service for DTI. Other GTE provisioning systems are
CNAS and ACES. The GTE Database Administrative Group
("DBA")
I-1
133
and the Special Services Control Center ("SSCC") will
be the two most important destinations at this level.
The DBA location will identify codes for the
appropriate GTE switch in order to provide the
functions required by the ASR. The SSCC will provide
the engineering for the facilities over which the
services will be handled. Information from these two
groups (and others) then will be transmitted
electronically to GTE's field service personnel
(Customer Zone Technicians or "CZTs") who will
establish the trunks and facilities, thus connecting
the GTE facilities to a connecting company, if one is
required, and to DTI. GTE's CZTs also will contact
DTI directly to perform testing, and upon acceptance
by DTI, will make the necessary entries into the GTE
system to complete the order. The completed orders
then will pass to GTE's Carrier Access Billing System
("CABS") which will generate the xxxx to DTI. The
billing process under CABS requires coordination with
several other systems.
1.1.4 Billing for transport and termination services cannot
be accomplished without call records from GTE's
central office switches. Records of usage will be
generated at GTE's end office switches or the access
tandems. Call usage records will be transmitted
electronically from GTE's switches through GTE's
Billing Intermediate Processor ("BIP"). This system
will collect the call records, perform limited
manipulations to the record and transfer them to a
centralized data center where they will be processed
through the Universal Measurement System ("UMS") to
determine the validity and accuracy of the records.
UMS also will sort the records and send them to the
CABS billing system, from which GTE will produce a
xxxx and send it to DTI.
1.2 Operations Support Systems for Resold Services and Unbundled Elements
1.2.1 DTI will also be able to order services for resale
and unbundled network elements, as well as interim
number portability, directly from GTE through an
electronic interface. To initiate an order for these
services or elements, DTI will submit a Local Service
Request ("LSR") from its data center to GTE's Data
Center using the same electronic NDM interface used
for trunk-side interconnection. If no NDM interface
exists or if DTI chooses to establish a separate NDM
interface, DTI must request an NDM facility. For new
entrants that elect not to interface electronically,
GTE will accommodate submission of LSR orders by
facsimile, E-mail, Internet or a dial NDM
arrangement. An LSR is very similar to an ASR, except
that it will be used exclusively for line-side
interconnection requests. GTE will transfer LSRs to
GTE's NOMC centralized service order processing
center electronically.
1.2.2 Most LSRs will be used either to transfer an existing
GTE customer to DTI or to request service for a new
customer who is not an existing GTE customer.
Depending on the situation, different information
will be required on the LSR. LSRs for a conversion of
a GTE local customer to DTI must include information
relating to all existing, new and disconnected
services for that customer, including the customer's
name, type of service desired, location of service
and features or options the customer desires. DTI
will be able to obtain this customer information
after GTE has received the customer's written consent
as specified in Article VI.3.3. For service to a new
customer who is not an existing GTE customer, the LSR
must contain the customer's name, service address,
service type, services, options, features and ALEC
data. If known, the LSR should include the telephone
number and due date/desired due date.
I-2
134
1.2.3 While DTI would have its own customer information and
may have the SAG/GTE products on tape from GTE, DTI
would not have the due date or new telephone number
for new customers since that information is contained
in GTE's systems. Therefore, a process is required to
provide this information to DTI. GTE itself does not
have uniform access to this information
electronically. Until GTE and DTI have agreed and
established electronic interfaces, DTI agrees that an
800 number is the method that will be used. The 800
telephone number will connect DTI directly to GTE's
NOMC service representatives. When DTI receives a
request for basic services from a new local service
customer, DTI will call GTE's NOMC through the 800
number, and, while the new customer is on hold, GTE
will provide the due date for service and the new
telephone number for that customer. At the same time,
DTI will give GTE the new customer's name, service
address and type of requested service (i.e., X0, X0).
GTE will enter that information into its SORCES or
SOLAR service ordering systems to be held in suspense
until DTI sends the confirming LSR. DTI will then
return to its customer holding on the line and
provide the due date and new telephone number.
1.2.4 After concluding the telephone call with the new
customer, DTI will complete a confirming LSR for the
new service and send it electronically to GTE's data
center for processing. Upon receipt, GTE will match
the LSR with the service order suspended in GTE's
system, and if there is a match, GTE will process the
LSR. After the LSR is processed, GTE will transmit
confirmation electronically to DTI through the NDM
that the LSR has been processed, providing a record
of the telephone number and due date. DTI will be
required to submit the confirming LSR by 12:00 p.m.
each day local time, as defined by the location of
the service address. If DTI fails to submit the LSR
in a timely manner, the suspended LSR will be
considered in jeopardy, at which time GTE will assign
a new due date upon receipt of the delayed LSR for
such customer requests and notify DTI of the change.
1.2.5 Number assignments and due date schedules for
services other than single line service and xxxx
groups up to 12 lines will be assigned within
approximately twenty-four (24) hours after GTE's
receipt of the LSR using the standard Local
Confirmation ("LSC") report sent electronically to
DTI over the NDM, thereby providing a record of the
newly established due date. An exception would be a
multi-line xxxx group for 12 lines or fewer. The
other numbers then will be provided through the
normal electronic confirmation process.
1.2.6 The processing of specifically requested telephone
numbers (called "vanity numbers") is as follows. GTE
will work with DTI on a real time interface to
process vanity numbers while DTI's customer is still
on the line. If a number solution can be established
expeditiously, it will be done while the customer is
still on the line. If extensive time will be required
to find a solution, GTE service representatives will
work with DTI representatives off line as GTE would
for its own customers. For all of this, the basic
tariff guidelines for providing telephone numbers
will be followed.
1.2.7 Once the order for line-side interconnection service
is established, it is moved for provisioning to the
next system level. Here, GTE will validate and
process the LSR to establish an account for DTI and,
if GTE continues to provide some residual services to
the customer, GTE will maintain a GTE account. In
GTE's system, GTE's account is called the Residual
Account and DTI's account is referred to as DTI
Account. If any engineering for the service is
necessary, the account would be distributed to the
SSCC. Otherwise, it will be distributed for facility
assignment.
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1.2.8 With the account established and any engineering and
facility assignment complete, GTE then will transmit
electronically a record to GTE's CZT field personnel
if physical interconnection or similar activity is
required. The CZTs will provision the service and
then electronically confirm such provision in the
SOLAR/SORCES system when completed. The accounts then
will be transmitted to GTE's Customer Billing
Services System ("CBSS"). GTE shall provide to DTI a
service completion report. Call records for actual
service provided to DTI's customers on GTE facilities
will be transmitted from GTE's switches through some
usage rating systems (BIP, UMS), screened and
eventually delivered to CBSS for the generation of
bills.
1.2.9 CBSS is a different system than CABS, and it is the
one that GTE will utilize to produce the required
bills for resold services, unbundled elements and
local number portability. CBSS will create a xxxx to
DTI for resold services and unbundled elements along
with a summary xxxx master. Daily unrated records for
intraLATA toll usage and local usage (in collect
usage data will be provided on rated basis) on DTI's
accounts will be generated and transmitted
electronically to DTI.
1.2.10 On resold accounts, GTE will provide usage in EMR
format per existing file exchange schedules. The
usage billing will be in agreed upon level of detail
for DTI to issue a xxxx to its end users.
1.2.11 GTE will provide DTI with detailed monthly billing
information in a paper format until an agreed upon
Electronic Data Interchange 811 electronic xxxx
format is operational.
1.2.12 State or sub-state level billing will include up to
ten (10) summary xxxx accounts.
1.2.13 GTE accepts DTI's control reports and agrees to
utilize industry standard return codes for unbillable
messages. Transmission will occur via the NDM. Tape
data will conform to Attachment "A" of the LRDTR.
Data will be delivered Monday through Friday except
for Holidays as agreed. Data packages will be tracked
by invoice sequencing criteria. GTE contacts will be
provided for sending/receiving usage files.
1.2.14 GTE will retain data backup for 45 Business Days. To
the extent this retention is exclusively for DTI, DTI
shall reimburse GTE for all expenses related to this
retention.
1.2.15 In addition to the LSR delivery process, DTI will
distribute directory assistance and directory listing
information (together sometimes referred to hereafter
as "DA/DL information") to GTE via the LSR ordering
process over the NDM. GTE will provide listings
service via its "listing continuity" offering.
1.2.16 Charges and credits for PIC changes ordered via an
LSR will appear on the wholesale xxxx. As DTI places
a request for a PIC change via LSR, the billing will
be made on DTI account associated with each
individual end user. GTE will process all PIC changes
from IXCs that are received for DTI end users by
rejecting back to the IXC with DTI OCN. Detail is
provided so that DTI can identify the specific
charges for rebilling to their end user.
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1.2.17 CMDS. The parties provide for the distribution of
intraLATA CMDS incollect messages and/or selected
local measured service messages as follows:
1.2.17.1 Messages to be Screened. GTE
receives CMDS I transmissions
containing intraLATA incollect
messages from the state RBOC CMDS
host each business day. Per DTI's
request, GTE will screen the
incollects by NPA and line number
and accumulate the Collect, Third
Number Billed and Credit Card
(collectively called incollects)
messages in a data file. The
screening will be for end users who
have chosen DTI as their local
service provider through a Resale or
Unbundled Network arrangement. The
screened incollect messages and any
Local Measured Service (LMS) usage
will be accumulated and forwarded to
DTI. The Parties will mutually agree
on the frequency of the data
exchange and the method of
transmission (i.e., magnetic tape or
direct electronic transmission). GTE
will forward the screened messages
in the industry standard EMR format.
GTE intraLATA toll messages that are
recorded by GTE and dialed on a one
plus or zero plus basis are not part
of this section and will not be
screened.
1.2.17.2 Compensation. GTE will xxxx DTI
monthly for all services related to
the screening, accumulating,
processing and transmitting of
incollect messages and LMS usage, if
applicable, at a reasonable and
mutually agreeable charge. In
addition, any message processing fee
associated with DTI's incollect
messages that are charged to GTE by
the CMDS Host will be passed on to
DTI on the monthly statement. All
revenue, surcharges, taxes and any
other amounts due to the CMDS Host
for DTI's incollect messages will be
billed on the monthly statement. It
is DTI's responsibility to xxxx and
collect all incollect and LMS
amounts due from its end users. The
incollect and LMS revenue amounts
that are listed on the monthly
invoice are payable to GTE in total.
The Parties agree that the
arrangement for invoicing the
incollect and LMS revenue amounts
due GTE is not a settlement process
with DTI.
1.2.17.3 Administration. The Parties agree to
develop a process whereby DTI's end
user information is available in a
timely manner to allow GTE to build
tables to screen the CMDS incollect
files and LMS files on behalf of
DTI.
1.2.18 Backbilling. GTE shall xxxx DTI on a timely basis. In
no case shall GTE xxxx DTI for previously unbilled
charges that are for more than one year prior to the
current xxxx date.
1.3 Order Processing.
1.3.1 Order Expectations. DTI agrees to warrant to GTE that
it is a certified provider of telecommunications
service. DTI will document its Certificate of
Operating Authority on DTI Profile and agrees to
update this DTI Profile as required to reflect its
current certification. The Parties agree to exchange
and to update end user contact and referral numbers
for order inquiry, trouble reporting, billing
inquiries,
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and information required to comply with law
enforcement and other security agencies of the
government. The Parties also agree to exchange and to
update internal order, repair and billing point of
contacts. Prior to submitting an order under this
Agreement, DTI shall obtain such documentation as may
be required by state and federal laws and
regulations.
1.3.2 GTE shall provide DTI with a specified customer
contact center for purposes of placing service orders
and coordinating the installation of services. These
activities shall be accomplished by telephone call or
facsimile until electronic interface capability has
been established. The Parties adopt the OBF LSR and
DSR forms for the ordering, confirmation and billing
of resale and unbundled services. The Parties adopt
the OBF ASR forms for the ordering, confirmation and
billing of trunk-side interconnection.
1.3.3 GTE will process such service orders during normal
operating hours, at a minimum on each Business Day
between the hours of 8 a.m. to 8 p.m. Eastern Time
and shall implement service orders within the same
time intervals used to implement service orders for
similar services for its own users.
1.3.4 GTE will provide current GTE customer proprietary
network information (name, address, telephone number
and description of services provided by GTE including
PIC and white page directory listing information) as
provided in Article VI, Section 3. The return of
customer information will be via facsimile or via
electronic transmission.
1.3.5 Transfer Between Local Service Providers - GTE will
provide a displacement/out service report to a Local
Service Provider (LSP) whenever an end user leaves
that LSP and procures service from another LSP. When
DTI end user changes to another LSP, GTE will notfiy
DTI when such activity occurs the day after
completion or within 48 hours of such disconnect.
2. Maintenance Systems.
2.1 General Overview
2.1.1 If DTI requires maintenance for its local service
customers, DTI will initiate a request for repair
(sometimes referred to as a "trouble report") by
calling GTE's Customer Care Repair Center. During
this call, GTE service representatives will verify
that the end-user is DTI customer and will then
obtain the necessary information from DTI to process
the trouble report. While DTI representatives are
still on the line, GTE personnel will perform an
initial analysis of the problem and remote line
testing for resale services. If engineered services
are involved, the call will be made to the GTE SSCC
for handling. If no engineering is required and the
line testing reveals that the trouble can be repaired
remotely, GTE personnel will correct the problem and
close the trouble report while DTI representatives
are still on the line. If on-line resolution is not
possible, GTE personnel will provide DTI
representatives a commitment time for repair, and the
GTE personnel then will enter the trouble ticket into
the GTE service dispatch queue. DTI's repair service
commitment times will be within the same intervals as
GTE provides to its own end users. Maintenance and
repair of GTE facilities is the responsibility of GTE
and will be performed at no incremental charge to
DTI. If, as a result of DTI-initiated trouble report,
trouble is found to be the responsibility of DTI
(e.g., non-network cause) GTE will charge DTI for
trouble isolation. DTI will have the ability to
report
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trouble for its end users to appropriate trouble
reporting centers 24 hours a day, 7 days a
week. DTI will be assigned a customer contact center
when initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will
be processed in essentially the same manner as those
by the GTE Customer Care Center. GTE personnel will
analyze the problem, provide DTI representative with
a commitment time while they are still on the line,
and then place the trouble ticket in the dispatch
queue.
2.1.3 GTE then will process all DTI trouble reports in the
dispatch queue along with GTE trouble reports in the
order they were filed (first in, first out), with
priority given to out-of-service conditions. If, at
any time, GTE would determine that a commitment time
given to DTI becomes in jeopardy, GTE service
representatives will contact DTI by telephone to
advise of the jeopardy condition and provide a new
commitment time.
2.1.4 Trouble reports in the dispatch queue will be
transmitted electronically to GTE CZT service
technicians who will repair the service problems and
clear the trouble reports. For cleared DTI trouble
reports, GTE service technicians will make a
telephone call to DTI directly to clear the trouble
ticket. GTE service technicians will make the
confirmation call to the telephone number provided by
DTI. If DTI is unable to process the call or places
the GTE technician on hold, the call will be
terminated. To avoid disconnect, DTI may develop an
answering system, such as voice mail, to handle the
confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to
operation support systems functions which provide the
capability to initiate, status and close a repair
trouble ticket. GTE will not provide to DTI real time
testing capability on DTI end user services. GTE will
not provide to DTI an interface for network
surveillance (performance monitoring).
2.1.6 GTE will resolve repair requests by or for DTI local
service customers using GTE's existing repair system
in parity with repair requests by GTE end users. GTE
will respond to service requests for DTI using the
same time parameters and procedures that GTE uses.
DTI then would call GTE's Customer Care Center or
SSCC while the customers were on hold.
2.2 Network Mananement Controls.
2.2.1 Network Maintenance and Management. The Parties will
work cooperatively to install and maintain a reliable
network.
2.2.2 Neither Party shall be responsible to the other if
necessary changes in network configurations render
any facilities of the other obsolete or necessitate
equipment changes.
2.2.3 Network Management Controls. Each Party shall provide
a 24-hour contact number for Network Traffic
Management issues to the other's network surveillance
management center. A fax number must also be provided
to facilitate event notifications for planned mass
calling events. Additionally, both Parties agree that
they shall work cooperatively that all such events
shall attempt to be conducted in such a manner as to
avoid degradation or loss of service to other end
users. Each
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Party shall maintain the capability of respectively
implementing basic protective controls such as
"Cancel To" and "Call Gap."
3. Electronic Interface. The Parties shall work cooperatively in the
implementation of electronic gateway access to GTE operational support
systems functions in the long-term in accordance with established
industry standards. DTI shall compensate GTE for the full costs
including but not limited to design, development, testing,
implementation and deployment, for access to GTE's Operational Support
System functions. Where subsequent parties request use of GTE's
operation support systems, cost recovery for such electronic interface
systems shall be allocated among all requesting users.
3.1 DTI shall have immediate access to the following OSS electronic
interfaces that will provide functionality to enable DTI to service
customers in an equal and non-discriminatory manner:
3.1.1 Pre-Order functions, e.g., TN Assignment, DD
Reservation, Address Validation, Product
Availability, that are available on a dial-up or
dedicated basis using the Secure Integrated Gateway
System (SIGS).
3.1.2 Order functions that are available on a dial-up or
dedicated basis using CONNECT: Mail file transfer.
3.1.3 Repair functions, e.g., trouble report repair
functions, to allow DTI to determine status and close
trouble reports.
3.1.4 Electronic transfer of DTI xxxx in electronic data
811 format.
3.2 DTI may migrate to fully interactive system to system
interconnectivity. GTE, with input from DTI and other carriers, shall
provide general interface specifications for electronic access to this
functionality. These specifications will be provided to enable DTI to
design system interface capabilities. Development will be in accordance
with applicable national standards committee guidelines. Such
interfaces will be available as expeditiously as possible.
3.3 All costs and expenses for any new or modified electronic interfaces
exclusively to meet DTI requirements that GTE determines are
technically feasible and GTE agrees to develop will be paid by DTI.
Costs for development of systems intended for common use by competing
carriers will be assessed based on a mutually agreed method of cost
recovery.
3.4 DTI shall be responsible for modifying and connecting any of its
pre-ordering and ordering systems with GTE provided interfaces as
described in this Appendix.
4. GTE Initiated Electronic System Redesigns. GTE will not charge
DTI when GTE initiates its own electronic system
redesigns/reconfigurations.
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APPENDIX J
SS7 SERVICES
ARTICLE 1.
DEFINITIONS
In addition to the definitions contained elsewhere in the Agreement to which
this Appendix J is attached and made a part, for purposes of this Appendix J the
following terms shall have the following meanings.
1.1 "A" Link: An access signaling link that connects SPs and/or SSPs to
STPs.
1.2 "B" Link: A bridge signaling link that connects two (2) sets or pairs
of STPs, not the STPs within a mated pair, but on the same hierarchical
level.
1.3 Compatibility Testing: Certification testing performed by
representatives of GTE and DTI to ensure proper interconnection of CCS
network facilities for accurate transmission of system signals and
messages. This certification testing shall be performed in accordance
with the following ANSI documents:
T1.234 Telecommunications - Signaling System Number 7 (SS7) -
MTP Levels 2 and 3 Compatibility Testing (ATIS)
T1.235 Telecommunications - Signaling System Number 7 (SS7) -
SCCP Class 0 Compatibility Testing (ATIS)
T1.236 Telecommunications Signaling System Number 7 (SS7) -
ISDN User Part Compatibility Testing (ATIS)
1.4 Service: The service described in Article 2 of this Appendix.
1.5 Signaling Link: An end-to-end high-capacity data link (56 kbps) that
transmits supervision and control signals from one network SS7 node to
another in a CCS network. The link type identifies the functionality of
the signaling link sets. The two link types associated with the Service
are "a" Links and "B" Links.
1.6 Signaling Point Code (SPC): A code that identifies the Signaling Point
address in the CCS network. Signaling Point Codes consist of three (3)
segments of three (3) digits each, identifying the network ID, network
cluster, and cluster member, respectively.
1.7 Signaling Point of Interface (SPOI): The point at which GTE hands off
signaling information to DTI.
ARTICLE 2.
SERVICE DESCRIPTION
2.1 Provision. Subject to the terms and conditions of this Appendix, GTE
agrees to provide the Service to DTI.
2.2 Interconnection. This Agreement is for DTI's interconnection with GTE
at GTE's ____________ STPs to support local exchange services. DTI
shall not submit signaling messages in support of interexchange
services.
2.3 Service. The "Service" consists of the following:
(a) Interconnection of GTE's CCS/SS7 network to DTI's CCS/SS7
network is via an "a" Link connection between DTI's SP or SSP
and GTE's STP. The "a" Link connection is made by a
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dedicated 56 kbps channel between the SP or SSP and the STP.
Any connection from an SSP or an SP to an STP pair will have a
link to each individual STP (i.e., two (2) links). DTI and GTE
shall mutually agree upon the location of the SPOI.
(b) Interconnection of GTE's CCS/SS7 network to DTI's CCS/SS7
network via a "B" Link connection between DTI's STPs and GTE's
STPs. The "B" Link connection is a dedicated 56 kbps channel.
Connections between two (2) pairs of STPs will have four (4)
connections; i.e., one (1) link from each individual STP to
each individual STP. DTI and GTE shall mutually agree upon the
location of the SPOI.
(c) Local and IntraLATA call set-up signaling, allowing DTI to
use the out-of-band trunk signaling provided by GTE's CCS/SS7
network to carry its calls on the intraLATA toll network.
(d) The Service shall include access to: (1) all switching systems
served by a given STP which have been converted to SS7
signaling, including switching systems owned by other local
service providers; (2) databases directly connected to a given
STP, with the exception of 800/888 databases which can be
accessed through any STP; (3) other local service provider
STPs on an intraLATA basis; and (4) other Third Party local
service provider STPs on an intraLATA basis.
(e) It is the responsibility of DTI to populate the "privacy
indicator" portion of all SS7 signaling messages forwarded to
GTE's network. GTE agrees to deliver the information forwarded
by DTI in the SS7 signaling message. DTI, by entering into
this Agreement, agrees to deliver "privacy indicator"
information forwarded by GTE in its signaling message.
(f) DTI acknowledges that call set-up times may be greater when
DTI employs intermediate access tandems (IATs) in its network.
(g) If selected on the order form attached to this Appendix, the
Service shall also include IXC call set-up signaling service
(ISUP) as described in Article 2.4 of this Appendix.
Additional charges as set forth in Exhibit A shall apply.
2.4 ISUP Service Charge. This is an optional service that allows DTI to
utilize SS7 signaling to an SS7 capable interexchange carrier (IXC)
for Feature Group D access service and other intraLATA interexchange
services. The ISUP service is a monthly charge.
(a) The rate for ISUP signaling is per connection in situations
when GTE does not provide any underlying call messages for DTI
on GTE's network trunks. The rate for ISUP signaling is shown
in Exhibit a.
(b) Where GTE has a mated pair of STPs and has CCS/SS7
interconnection facilities to an IXC within the same LATA, for
interexchange telecommunications services, GTE shall provide
call set-up signaling between DTI and the IXC.
(c) DTI agrees to provide to GTE such information as deemed
necessary by GTE for network planning in connection with this
offering and as may be requested by GTE from time to time.
(d) DTI must provide the Signaling Point Codes of the IXCs for
which it is providing call setup via GTE's SS7 signaling
network, so that GTE screening and translation tables can be
updated.
2.5 Technical Specifications. The technical specifications for the
Services described above are defined in Bellcore TR-TSV-000905. GTE
will provide SS7 via OR-394-SS7 and/or OR-317-SS7 format(s).
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2.6 Other Services. If DTI desires to order SS7-related services other than
the Service, such services will be governed by separate agreements.
2.7 Applicable Traffic. The Service applies to the traffic of DTI and its
subtending LECs only. DTI must provide GTE with thirty (30) calendar
days' written notice and a letter of agency before the traffic of any
party other than DTI or its subtending LECs may be transmitted through
DTI's facilities on to GTE's SS7 network.
ARTICLE 3.
MANNER OF PROVISIONING
3.1 Link Facilities. The link facilities to GTE STPs in the same LATA can
be either:
(a) "a" Link sets from DTI's SP or SSP. A minimum of two (2) links
is required, one (1) from the SP or SSP to each STP; or,
(b) "B" Link sets from DTI's STPs that are connected to GTE's
mated pairs of STPs. A minimum of four (4) links is required
between the two (2) pairs of STPs.
3.2 Port Termination. An STP port termination is required for each 56 kbps
access link utilized for the Service. STP locations are set forth in
the National Exchange Carrier Association, Inc. (NECA) Tariff, F.C.C.
No. 4.
3.3 Signaling Point Codes. GTE shall install all applicable Signaling Point
codes for each signaling link at each of GTE's interconnecting STPs.
3.4 Protocol. GTE shall provision the Service in accordance with ANSI
T1.226 Telecommunications - Operations, Administration, Maintenance,
and Provisioning (OAM&P) -Management of functions for Signaling System
No. 7 (SS7) Network Interconnections (ATIS) with the exception of
references to OMAP protocol elements. The Service cannot be established
until Compatibility Testing has been successfully completed between DTI
and GTE.
3.5 56 kbps Channel. Unless DTI elects to provide such links, GTE shall
provide two (2) or four (4) 56 kbps circuits as link facilities at
rates set forth in Article 4 herein. If approved by GTE, DTI may
utilize a 56 kbps channel of an intraLATA DS1 (1.544 mbps) facility,
which is in place at the time of ordering, as an "A" Link or a "B"
Link, for the STP access connection between the SPOI and GTE's STP.
WHEN THIS OPTION IS CHOSEN, DTI UNDERSTANDS AND ACCEPTS THAT THE
SERVICE PERFORMANCE STANDARDS AS OUTLINED IN BELLCORE DOCUMENT
TR-TSV-000905 MAY NOT BE MET IN THE PROVISION OF THE TOTAL SERVICE. If
such a channel is not utilized, DTI must order DS1 (1.544 Mbps)
service.
3.6 Multiplexing. Where technically required, GTE shall provide
multiplexing arrangements to DTI at no charge.
3.7 Diversity. Where technically feasible and not unreasonably economically
burdensome, GTE agrees to allow interoffice and intraoffice diversity.
ARTICLE 4.
RATES AND CHARGES
4.1 Payment. DTI agrees to pay to GTE for the Service at the rates and
charges set forth in Exhibit A attached to this Appendix and made a
part hereof.
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4.2 Period. Subject to Article 4.3 below, the rates and charges shall
remain in effect and are firm for a period of twelve (12) months from
the effective date of this Appendix. Thereafter, GTE shall give DTI
sixty (60) calendar days' notice any price change. If the new prices
are not acceptable to DTI, DTI may terminate this Appendix upon thirty
(30) calendar days' advance written notice without penalties for either
Party.
4.3 Rate Basis. The rates are based upon rates and charges reflected in
GTE's approved CCS/SS7 interconnection tariffs. To the extent that
tariff rates are adjusted, rates and charges for similar rate elements
in this Appendix will be adjusted accordingly on the date the new
tariff rates become effective. If a state or federal regulatory agency
requires, or GTE elects, to offer the Service by tariff, the tariff
shall supersede this Appendix. If the Service becomes tariffed, DTI has
the right to terminate this Appendix upon sixty (60) calendar days'
advance written notice effective on the effective date of such tariff,
without penalty to either Party.
4.4 Mileage. Mileage is calculated on the airline distance between the
locations involved, using the V&H coordinates method, as set forth in
the National Exchange Carrier Association, Inc. Tariff, F.C.C. No. 4.
4.5 Rates and Charges. Rates and charges for each component of the Service
are described as follows:
(a) "A" Link connection - Charges for the "a" Link connection to
GTE's CCS/SS7 network consist of the STP port termination
charges.
(1) The STP port termination charges are for the
termination of a 56 kbps channel at each STP from
DTI's SSP or SP.
(2) DTI will lease facilities between its SSPs/SPs and
GTE's STPs.
(b) "B" Link connection - Charges for the "B" Link connection to
GTE's CCS/SS7 network consist of the STP port termination
charges.
(1) The STP port termination charges are for the
termination of a 56 kbps channel at each STP from
DTI's STPs.
(2) DTI and GTE shall mutually agree upon the rates for
"B" Link interconnections within thirty (30) calendar
days of the execution of this Agreement.
(c) STP Interconnection nonrecurring charge - STP interconnection
nonrecurring charge shall apply for each "A" Link and "B" Link
interconnection to GTE's SS7 network.
4.6 Rearrangement. Charges for rearrangement of the Service that are not
specifically addressed will be determined by GTE on an individual case
basis.
4.7 Applicable Traffic. The rates apply only to the traffic of DTI and its
subtending LECs. Any traffic from any other party will be subject to
additional charges.
ARTICLE 5.
ORDERING THE SERVICE
5.1 Order. To order the Service, DTI shall submit a completed CCS/SS7 Order
Form to GTE. DTI may change its Service order by submitting a new Order
Form which shall be effective when executed by both Parties. Service
shall be implemented for DTI thirty (30) calendar days after the
execution of this Agreement by both Parties.
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5.2 Port Terminations. GTE shall reserve STP port terminations only upon
receipt of a fully executed copy of this Agreement and the Order Form
referred to in this Appendix. GTE shall reserve ports on a first come,
first served basis. Should DTI fail to use a port within sixty (60)
Business Days of availability, GTE may reassign the port and, DTI must
resubmit an Order Form for interconnection.
ARTICLE 6.
RESPONSIBILITIES OF GTE
6.1 Managing the Network. GTE is responsible for managing the network
provided by GTE as part of the Service and applying protective controls
which it can invoke as a result of occurrences including, but not
limited to, failure or overload of GTE or DTI facilities due to natural
disasters, mass calling or national security demands.
6.2 Performance Standards. GTE is responsible for meeting service
performance standards as outlined in Bellcore TR-TSV-000905 except as
otherwise provided herein.
6.3 Invoice. GTE shall include with the monthly invoice such data GTE and
DTI mutually agree is necessary for DTI to verify the accuracy of the
billing it receives from GTE for the Service.
ARTICLE 7.
RESPONSIBILITIES OF DTI
7.1 Signaling Link. DTI shall provision the signaling links from its
premises to the SPOIs in a manner technically compatible to the GTE
network.
7.2 Privacy Indicator. DTI shall populate the "privacy indicator" portion
of the CCS/SS7 initial address message forwarded to GTE's network for
call processing.
7.3 Accuracy of Information. DTI shall verify the accuracy of information
provided by DTI concerning the Service ordered by DTI.
7.4 Forecast. DTI shall furnish to GTE, at the time the Service is ordered
and annually thereafter, an updated three year forecast of usage for
the 56 kbps channel and the STP port termination for each STP pair. The
forecast shall include total annual volume and busy hour busy month
volume. GTE shall utilize the forecast in its own efforts to project
further facility requirements.
7.5 Changes. DTI agrees to inform GTE in writing at least thirty (30)
Business Days in advance of any change in its use of the Service that
alters by ten percent (10%) or more for any thirty (30) day period the
volume of signaling transactions to be forwarded to GTE's CCS/SS7
network. DTI will provide the reason for the change in volume by
individual SS7 service.
ARTICLE 8.
SIGNALING POINT CODES
8.1 Interconnection. DTI may utilize either the GTE CCS/SS7 network SPC or
its own SPC for interconnection purposes when interconnecting its SPs
or SSPs at the "A" Link level. DTI shall utilize its own SPC when
interconnecting its STP at the "B" Link level. DTI agrees to obtain its
own initial SPC if it has short or long range plans to provide its own
STPs.
8.2 SPC. When the SPC is utilized, GTE shall be responsible for DTI code
assignment. When DTI obtains its own SPC, DTI shall be responsible for
code assignments and shall be responsible for notifying GTE and other
CCS/SS7 network providers of such assignments.
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8.3 SPC Change. Due to the complexities and potential DTI signaling network
downtime required for changing working SPCs, DTI agrees to give GTE a
written notice of an SPC change as soon as possible but no later than
thirty (30) Business Days prior to the effective date of the SPC
change.
ARTICLE 9.
MONTHLY BILLING
Billing statements shall be rendered monthly by GTE to DTI. The monthly charge
shall be the total of all monthly rate element charges associated with the
Service. Payment to GTE for bills rendered to DTI shall be due thirty (30)
calendar days after receipt of the invoice and DTI agrees to pay all billed
amounts. Beginning the day after the due date of the xxxx, interest charges of
twelve per cent (12%) per annum or the maximum allowed by law, whichever is
less, shall be added to DTI's xxxx. Payments shall be applied to the oldest
outstanding amounts first.
ARTICLE 10.
LIABILITY AND INDEMNIFICATION
10.1 Release from Liability. Each Party releases the other from any
liability for loss or damage arising out of errors, interruptions,
defects, failures, delays, or malfunctions of the Service, including
any and all associated equipment and data processing systems, not
caused by gross negligence or willful misconduct. Any losses or damages
for which either Party is held liable under this Agreement shall in no
event exceed the amount of the charges for the Service during the
period beginning at the time notice of the error, interruption, defect,
failure, or malfunction is received, to the time Service is restored.
10.2 Limitation of Liability. IN ADDITION TO THE LIMITATION OF LIABILITY SET
FORTH AT SECTION 24.4 OF ARTICLE III OF THE AGREEMENT, NEITHER PARTY
SHALL BE LIABLE FOR ANY LOSS OF REVENUE OR PROFIT OR FOR ANY LOSS OR
DAMAGE ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF THE CCS OR
ANY OF THE SERVICES PROVIDED UNDER THIS AGREEMENT THAT IS SUFFERED BY
THE OTHER PARTY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR
NOT INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER
PARTY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES.
10.3 Third Parties. Each Party agrees to release, defend, indemnify, and
hold harmless the other Party from and against any and all losses,
damages, or other liability, including reasonable attorneys' fees, that
it may incur as a result of claims, demands, wrongful death actions, or
other suits brought by third parties, arising out of the use of the
Service and resulting from the gross negligence or willful misconduct
by the indemnifying Party, its employees, agents, or contractors in the
performance of this Agreement. In addition, to the extent that the
Parties' interests do not conflict, DTI shall defend GTE against all
end users' claims just as if DTI had provided such service to its end
users with its own employees. In any event, DTI shall assert its tariff
limitation of liability for the benefit of both GTE and DTI.
10.4 Infringement. Each Party agrees to release, defend, indemnify, and hold
harmless the other Party from and against any claim, demands or suit
that asserts any infringement or invasion of privacy or confidentiality
of any person(s), caused or claimed to be caused, directly or
indirectly, by the indemnifying Party's employees or equipment
associated with provision of the Service. This includes, but is not
limited to, suits arising from disclosure of any customer-specific
information associated with either the originating or terminating
numbers used to provision the Service.
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10.5 No Warranties. IN ADDITION TO THE DISCLAIMER SET FORTH AT SECTION 24.3
OF ARTICLE III OF THE AGREEMENT, NEITHER GTE NOR DTI MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER OR TO ANY THIRD PARTY
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES PROVIDED UNDER OR IN
CONNECTION WITH THIS APPENDIX, THAT THE SERVICES PROVIDED UNDER THIS
APPENDIX WILL BE ERROR FREE OR THAT THE FACILITIES WILL OPERATE WITHOUT
INTERRUPTION. GTE AND DTI DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR
GUARANTEE OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR PURPOSE,
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR FROM USAGES OF
TRADE.
ARTICLE 11.
RESERVATION OF RIGHTS
11.1 Rights Reserved. By entering into this Appendix to the Agreement,
neither Party waives, releases or compromises any rights it may have to
argue, in any federal or state regulatory proceeding (or in any
judicial appeal following such a proceeding), in support of, or in
opposition to any position, including but not limited to: (a)
Accounting for deregulated (or detariffed) data base services; (b)
removal from regulated accounts of expenses and investment associated
with deregulated (or detariffed) data base services; and (c) any other
issue pertinent to regulation or deregulation of costs which were, are
now, or may in the future be, associated with the provisions of data
base services. Each Party expressly reserves all its rights in
connection with such matters.
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EXHIBIT A
RATES AND CHARGES
for Interconnection at
GTE's___________-________,____ STP
Rates & Charges
Rate Element Nonrecurring Monthly
-------------------------------------------------------------------------------------------------------
1. STP Port Termination for an "A" Link Per Port $ 65.00 $229.00
2. STP Port Termination for a "B" Link Per Port $ 65.00 $229.00
3. 56 Kbps Digital Facility
Dedicated Switched Access Transport
Per Airline Mile $4.91
4. 56 Kbps Dedicated Switched Access Line $100.00 $91.06
5. 1.544 Mbps (DS1) High Capacity Digital $11.50
Facility Dedicated Switched Access Transport
Per Airline Mile
6. 1.544 Mbps (DS1) Dedicated Switched Access $1500.00 $168.67
Line
7. Facility Charge for "B" Links Depends negotiated
interconnection agreement
8. ISUP Charge per Interconnection $500.00
8.1 For ISUP Service an additional SCP charge shall apply per interconnection.
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APPENDIX K
POLE ATTACHMENT AGREEMENT
1. Parties.
This agreement (Agreement) is between GTE ARKANSAS INCORPORATED/GTE
MIDWEST INCORPORATED, a State of ____________ corporation having its
principal office at __________ ("GTE"), and DIGITAL TELEPORT, INC., a
corporation of the State of ________, having its principal office at
_______ ("Licensee").
2. Definitions.
2.1 "GTE's poles" or "GTE pole(s)" means a pole or poles solely owned by
GTE, jointly owned by GTE and another entity, and space on poles
obtained by GTE through arrangements with the owner(s) thereof.
2.2 "Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the
facilities used.
2.3 "Cable Television Services" means the transmission to subscribers of
off-the-air pickup of broadcast signals or the transmission, without
separate charge, of locally originated closed circuit television to the
subscribers of off-the-air service.
2.4 "Attachments" means the equipment reasonably required by Licensee to
provide its Telecommunications Services or Cable Television Services
that is placed on GTE's poles.
2.5 "Make-Ready Work" means all work, including, but not limited to,
rearrangement, removal, or transfer of existing attachments, placement,
repair, or replacement of poles, or any other changes required to
accommodate the Licensee's Attachments on a pole.
2.6 "Hazardous Materials" means (i) any substance, material or waste now or
hereafter defined or characterized as hazardous, extremely hazardous,
toxic or dangerous within the meaning of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as
amended, or any similar law, ordinance, statute, rule or regulation of
any governmental body or authority, (ii) any substance, material or
waste now or hereafter classified as a contaminant or pollutant under
any law, ordinance, statute, rule or regulation of any governmental
body or authority or (iii) any other substance, material or waste, the
manufacture, processing, distribution, use, treatment, storage,
placement, disposal, removal or transportation of which is now or
hereafter subject to regulation under any law, ordinance, statute, rule
or regulation of any governmental body or authority.
2.7 "Attachment Fee" means the fee assessed per pole and paid by Licensee
to place Attachments on GTE's poles.
3. Purpose.
3.1 Licensee represents to GTE that Licensee has a need to occupy, place
and maintain Attachments on GTE's poles for the purpose of providing
Telecommunications Services.
3.2 GTE agrees to permit Licensee to occupy, place and maintain its
Attachments on such GTE poles as GTE may allow pursuant to the terms of
this Agreement.
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4. Grant of License.
GTE grants to Licensee and Licensee accepts from GTE a non-exclusive
revocable license to occupy, place and maintain in a designated space
on specified GTE poles Licensee's Attachments on the terms and
conditions set forth herein. Licensee shall have no further right,
title, or other interest in connection with GTE's poles. GTE shall have
the right to grant, renew or extend privileges to others not parties to
this Agreement to occupy, place or maintain Attachments on or otherwise
use any or all GTE poles. Nothing herein is intended to, nor should it
be construed to require GTE to construct or modify any facilities not
needed for its own service requirements. GTE grants this license in
reliance on the representation of Licensee that Licensee intends to
provide Telecommunications Services with the Attachments covered by
this Agreement.
5. Term.
Subject to the termination provisions contained in this Agreement, the
term of this Agreement shall be two (2) years from the effective date
referenced in the first paragraph of this Agreement and shall continue
in effect for consecutive one (1) year terms until either Party gives
the other Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term. In the event notice is given less than ninety (90)
calendar days prior to the end of the current term, this Agreement
shall remain in effect for ninety (90) calendar days after such notice
is received, provided, that in no case shall the term be extended
beyond ninety (90) calendar days after the end of the current term.
6. Pole Attachment Requests (PARs).
6.1 Licensee shall submit a written Pole Attachment Request ("PAR") to GTE
identifying the GTE poles upon which it desires to place Attachments.
Each PAR shall be in a form specified by GTE and may be revised from
time to time by GTE. All PARs submitted to GTE shall be processed on a
first come, first served basis. GTE, in its sole judgment, will
determine the availability of space on the GTE pole(s) specified in the
PAR and will provide its response to the PAR within thirty (30)
Business Days of its submission. Upon approval of the PAR, GTE shall
return one copy thereof to Licensee bearing an endorsement
acknowledging GTE's authorization. All Attachments placed on GTE's
poles pursuant to an approved PAR shall become subject to all of the
terms and conditions of this Agreement. Licensee may submit subsequent
PARs for approval by GTE as needed. GTE is under no obligation to
provide general information respecting the location and availability of
GTE poles, except as may be necessary to process a PAR. No Attachment
shall be placed on any GTE pole identified in a PAR until that PAR has
been approved by GTE.
6.2 Licensee shall pay GTE a fee for processing a PAR to compensate GTE for
the general administrative costs as well as the actual engineering
costs reasonably incurred. The fee for engineering costs shall be
computed by multiplying the fully loaded hourly rate for an engineer
times the number of hours reasonably required by each engineer to
inspect the GTE poles included in the PAR. GTE will charge its then
current rates for administrative and engineering costs, as may be
changed from time to time by GTE to remain consistent with prevailing
costs.
6.3 Upon receiving an approved PAR, Licensee shall have the right, subject
to the terms of this License, to place and maintain the facilities
described in the PAR in the space designated on the GTE poles
identified therein.
6.4 In the event Make-Ready Work is necessary to accommodate Licensee's
Attachments, GTE shall notify Licensee of such fact and provide
Licensee with a good faith estimate of the total cost of such
Make-Ready Work needed to accommodate Licensee's Attachments. Within
fifteen (15)
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days after receiving such notice from GTE, Licensee shall notify GTE
either (1) that Licensee shall pay all of the costs actually incurred
to perform the Make-Ready Work and shall pay the total estimated amount
to GTE at least ten (10) days prior to the date the Make-Ready Work is
to begin or (2) that it desires to cancel its PAR.
6.5 GTE shall not be responsible to Licensee for any loss sustained by
Licensee by reason of the refusal or failure of any other party with
attachments on GTE's poles to rearrange or modify its attachments as
may be required to accommodate Licensee's Facilities.
6.6 Licensee is not authorized and shall have no right to place facilities
on any GTE pole unless that GTE pole is identified in an approved PAR.
7. Availability of Information Regarding Space on Poles.
GTE will provide information regarding the availability of pole space
within thirty (30) Business Days of a written request by Licensee.
Because GTE will endeavor to determine available space as quickly as
possible, a shorter interval may be experienced for requests of a
limited scope where physical field verification is not necessary. In
the event the thirty (30) Business Day time frame cannot be met, GTE
shall so advise Licensee and shall seek a mutually satisfactory
alternative response date. No representation regarding the availability
of space shall be made in the absence of a physical field verification.
8. Authority to Place Attachments.
8.1 Before Licensee places any Attachments on GTE's poles pursuant to an
approved PAR, Licensee shall submit evidence satisfactory to GTE of its
authority to erect and maintain the facilities to be placed on GTE's
poles within the public streets, highways and other thoroughfares or on
private property. Licensee shall be solely responsible for obtaining
all rights-of-way, easements, licenses, authorizations, permits and
consents from federal, state and municipal authorities or private
property owners that may be required to place Attachments on GTE's
poles. In the event Licensee must obtain any additional easements,
permits, approvals, licenses and/or authorizations from any
governmental authority or private individual or entity in order to
utilize GTE's poles under an approved PAR, GTE shall, upon Licensee's
request, provide written confirmation of its consent to Licensee's
utilization of poles in a particular location in accordance with this
Agreement, if needed by Licensee to obtain such additional approvals or
authorizations. GTE shall also provide maps or drawings of its
facilities' locations to the extent reasonably required by such
governmental authority or private individual or entity for purposes of
considering or granting Licensee's request to it for authority or
approval.
8.2 GTE shall not unreasonably intervene in or attempt to delay the
granting of any rights-of-way, easements, licenses, authorizations,
permits and consents from federal, state or municipal authorities or
private property owners that may be required for Licensee to place its
Attachments on GTE's poles.
8.3 If any right-of-way, easement, license, authorization, permit or
consent obtained by Licensee is subsequently revoked or denied for any
reason, Licensee's permission to attach to GTE's poles shall terminate
immediately and Licensee shall promptly remove its Attachments. Should
Licensee fail to remove its Attachments within one hundred twenty (120)
days of receiving notice to do so from GTE, GTE shall have the option
to remove all such Attachments and store them in a public warehouse or
elsewhere at the expense of and for the account of Licensee without GTE
being deemed guilty of trespass or conversion, and without GTE becoming
liable for any loss or damages to Licensee occasioned thereby. All
costs incurred by GTE to remove Licensee's Attachments shall be
reimbursed to GTE by Licensee upon demand.
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8.4 Upon notice from GTE to Licensee that the cessation of the use of any
one or more of GTE's poles is necessary for reasons of safety or has
been directed by any federal, state or municipal authority, or private
property owner, permission to attach to such pole or poles shall
terminate immediately and Licensee promptly shall remove its
Attachments. Should Licensee fail to remove its Attachments within the
time frame provided by the requesting or directing party or one hundred
twenty (120) days of receiving notice to do so from GTE, whichever is
less, GTE shall have the option to remove all such Attachments and
store them in a public warehouse or elsewhere at the expense of and for
the account of Licensee without GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable for any loss or damages to
Licensee occasioned thereby. All costs incurred by GTE to remove
Licensee's Attachments shall be reimbursed to GTE by Licensee upon
demand by GTE.
9. Placement of Attachments.
9.1 Licensee shall, at its own expense, place and maintain its Attachments
on GTE's poles in accordance with (I) such requirements and
specifications as GTE shall from time to time prescribe in writing,
(ii) all rules or orders now in effect or that hereafter may be issued
by any regulatory agency or other authority having jurisdiction, and
(iii) all currently applicable requirements and specifications of the
National Electrical Safety Code, and the applicable rules and
regulations of the Occupational Safety and Health Act. Licensee agrees
to comply, at its sole risk and expense, with all specifications
included in Exhibits _____ through _____ hereto, as may be revised
from time to time by GTE.
9.2 Licensee's Facilities shall be tagged at maximum intervals of 300 feet
so as to identify Licensee as the owner of the Facilities. The tags
shall be of sufficient size and lettering so as to be easily read from
ground level.
10. Failure of Licensee to Place Attachments.
Once Licensee has obtained an approved PAR, Licensee shall have sixty
(60) days from the date the PAR is approved to begin the placement of
its Attachments on the GTE poles covered by the PAR. If Licensee has
not begun placing its Attachments within that sixty (60) day period,
Licensee shall so advise GTE with a written explanation for the delay.
If Licensee fails to advise GTE of its delay, with a written
explanation therefor, or if Licensee fails to act in good faith by not
making a bona fide effort to begin placing its Attachments within the
sixty (60) days prescribed by this Section, the previously approved PAR
shall be deemed rescinded by GTE and Licensee shall have no further
right to place Attachments pursuant to that PAR.
11. Attachment Fees.
11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit
_____ hereto, for each GTE pole upon which Licensee obtains
authorization to place an Attachment. The Attachment Fee may be
increased by GTE from time to time as permitted by law upon sixty
(60) days written notice to Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is
approved by GTE for all GTE poles identified in that PAR on a pro rata
basis until the end of the then current year and thereafter on an
annual basis within thirty (30) days of the date of a statement from
GTE specifying the fees to be paid. Any payment after thirty (30) days
shall bear interest at the rate of eighteen percent (18%) per annum or
the maximum rate allowed by law, whichever is less.
11.3 GTE shall maintain an inventory of the total number of GTE poles
occupied by Licensee based upon the cumulative number of poles
specified in all PARs approved by GTE. GTE may, at its
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option, conduct a physical inventory of Licensee's Attachments under
this Section. It shall be Licensee's sole responsibility to notify GTE
of any and all removals of Attachments from GTE's poles. Except as
provided in Section 18 of this Agreement in connection with the
termination of this Agreement, such notice shall be provided to GTE at
least thirty (30) days prior to the removal of the Attachments. Each
Notice of Removal shall be in a form specified by GTE and may be
revised from time to time at GTE's sole discretion. Licensee shall
remain liable for Attachment Fees until Licensee's Attachments have
been physically removed from GTE's poles.
12. Modifications, Additions or Replacements to Existing Attachments.
12.1 Licensee shall not modify, add to or replace Facilities on any
pre-existing Attachment without first notifying GTE in writing of the
intended modification, addition or replacement at least thirty (30)
days prior to the date the activity is scheduled to begin. The required
notification shall include: (1) the date the activity is scheduled to
begin, (2) a description of the planned modification, addition or
replacement, (3) a representation that the modification, addition or
replacement will not require any space other than the space previously
designated for Licensee's Attachments, and (4) a representation that
the modification, addition or replacement will not impair the
structural integrity of the poles involved.
12.2 Should GTE determine that the modification, addition or replacement
specified by Licensee in its notice will require more space than that
allocated to Licensee or will require the reinforcement of, replacement
of or an addition of support equipment to the poles involved in order
to accommodate Licensee's modification, addition or replacement, GTE
will so notify Licensee, whereupon Licensee will be required to submit
a PAR in compliance with this Agreement in order to obtain
authorization for the modification, addition or replacement of its
Attachments.
12.3 Access to GTE's poles for repairs, modifications, additions, or
replacements required in emergency situations shall be governed by
Section 22 of this Agreement.
12.4 Should Licensee request GTE to expand capacity or purchase additional
plant, Licensee agrees to pay all costs.
13. Rearrangements to Accommodate Other Licensees.
Licensee acknowledges that at some point in the future it may become
necessary to rearrange Licensee's Facilities in order to create space
to accommodate the facilities of another licensee. Licensee agrees that
in such event Licensee will cooperate in good faith with such other
licensee to come to a mutually agreeable understanding regarding the
manner in which the rearrangement of Licensee's Facilities will be
achieved.
14. Unauthorized Attachments.
14.1 The parties agree that because it would be impracticable and extremely
difficult to determine the actual amount of damages resulting from
Licensee's unauthorized Attachment(s), a charge equal to five (5) times
the amount of the then current Attachment Fee shall be paid by Licensee
to GTE for each unauthorized Attachment to a GTE pole. Such payment
shall be deemed liquidated damages and not a penalty. Licensee also
shall pay GTE an Attachment Fee for each unauthorized Attachment
accruing from the date the unauthorized Attachment was first placed on
the GTE pole. In the event that the date the unauthorized Attachment
was first placed on a GTE pole cannot be determined, such date shall be
deemed the date of the last physical inventory made in accordance with
this Agreement or, if no physical inventory has been conducted, the
date the first PAR from Licensee was approved in accordance with this
Agreement. Licensee also shall pay to GTE all costs incurred by GTE to
rearrange any
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unauthorized Attachment(s) of Licensee if such rearrangement is
required to safeguard GTE's Attachment(s) or to accommodate the
Attachment(s) of another party whose Attachment(s) would not have
required a rearrangement but for the presence of Licensee's
unauthorized Attachment(s). Licensee shall also pay to GTE all costs
incurred by GTE to reinforce, replace or modify any GTE pole, which
reinforcement, replacement or modification was required as a result of
the unauthorized Attachment of Licensee. The Attachment Fee referenced
in this subsection 14.1 shall be determined in the same manner as such
fee would have been determined if the attachment had been authorized by
GTE.
14.2 For purposes of this section, an unauthorized Attachment shall include,
but not be limited to:
14.2.1 An Attachment to a GTE pole which pole is not identified in
any PAR approved in accordance with this Agreement;
14.2.2 An Attachment that occupies more space than that allocated to
Licensee by GTE;
14.2.3 An Attachment that is not placed in accordance with the
provisions of this Agreement or the appropriate PAR issued
pursuant to this Agreement;
14.2.4 An addition or modification by Licensee to its pre-existing
Attachment(s) that impairs the structural integrity of the
involved GTE pole(s).
14.2.5 An Attachment that consists of facilities owned or controlled
by, and for the use of a party other than Licensee.
15. Surveys and Inspections of Pole Attachments.
15.1 Upon written notice to Licensee, the total number and exact location of
Licensee's Attachments on GTE's poles may be determined, at GTE's
discretion, through a survey to be made not more than once per calendar
year by GTE. If so requested, Licensee and/or any other entity owning
or jointly owning the poles with GTE may participate in the survey. The
costs incurred by GTE to conduct the survey shall be reimbursed to GTE
by Licensee upon demand by GTE. If the Attachments of more than one
Licensee are surveyed, each such Licensee shall contribute a
proportionate share of the costs reimbursed to GTE.
15.2 Apart from surveys conducted in accordance with this section, GTE
shall have the right to inspect any Attachment of Licensee on GTE's
poles as conditions may warrant upon written notice to Licensee.
Licensee shall, upon demand by GTE, reimburse GTE all costs incurred
to conduct its inspection. No joint survey or inspection, or lack
thereof, by GTE shall operate to relieve Licensee of any
responsibility, obligation or liability assumed under this Agreement.
16. Notice of Modification or Alteration of Poles by GTE.
16.1 In the event GTE plans to modify or alter any GTE pole(s) upon which
Licensee has Attachments, GTE shall provide Licensee notice of the
proposed modification or alteration at least thirty (30) days prior to
the time the proposed modification or alteration is scheduled to take
place. Should Licensee decide to modify or alter its Attachments on the
GTE poles to be modified or altered by GTE, Licensee shall so notify
GTE in writing. In such event, Licensee shall bear a proportionate
share of the total costs incurred by GTE to make such poles accessible
to Licensee.
16.2 In the event GTE is required by a federal, state, or local authority to
move, replace or change the location of any GTE pole(s), Licensee shall
concurrently relocate Licensee's Attachments. GTE
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and each Licensee required to relocate its Attachments shall bear its
own costs for such relocation.
17. Disclaimer of Warranties.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GTE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR
PURPOSE.
18. Default and Remedies.
18.1 The occurrence of any one of the following shall be deemed a Material
Default by Licensee under this Agreement:
18.1.1 Failure by Licensee to pay any fee or other sum required to be
paid under the terms of this Agreement and such default
continues for a period of ten (10) days after written notice
thereof to Licensee;
18.1.2 Failure by Licensee to perform or observe any other term,
condition, covenant, obligation or provision of this Agreement
and such default continues for a period of thirty (30) days
after written notice thereof from GTE (provided that if such
default is not curable within such thirty (30) day period, the
period will be extended if Licensee commences to cure such
default within such thirty (30) day period and proceeds
diligently thereafter to effect such cure);
18.1.3 The filing of any tax or mechanic's lien against GTE's poles
which is not bonded or discharged within thirty (30) days of
the date Licensee receives notice that such lien has been
filed;
18.1.4 Licensee's voluntary or involuntary bankruptcy;
18.1.5 Licensee's knowing use or maintenance of its Attachments in
violation of any law or regulation, or in aid of any unlawful
act or undertaking;
18.1.6 If any authorization which may be required of the Licensee by
any governmental or private authority for the placement,
operation or maintenance of Licensee's Attachments is denied
or revoked.
18.2 In the event of a Material Default, GTE, without any further notice to
the Licensee (except where expressly provided for below or required by
applicable law) may do any one or more of the following:
18.2.1 Perform, on behalf and at the expense of Licensee, any
obligation of Licensee under this Agreement which Licensee has
failed to perform and of which GTE shall have given Licensee
notice, the cost of which performance shall be paid by
Licensee to GTE upon demand;
18.2.2 Terminate this Agreement by giving notice of such termination
to Licensee and remove Licensee's Attachments and store them
in a public warehouse or elsewhere at the expense of and for
the account of Licensee without GTE being deemed guilty of
trespass or conversion, and without GTE becoming liable for
any loss or damages to Licensee occasioned thereby; or
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18.2.3 Exercise any other legal or equitable right or remedy which
GTE may have.
18.3 Any costs and expenses incurred by GTE (including, without limitation,
reasonable attorneys' fees) in enforcing this Agreement shall be repaid
to GTE by Licensee upon demand.
18.4 Upon termination of this Agreement by GTE because of a material default
by Licensee, Licensee shall remain liable to GTE for any and all fees,
other payments and damages which may be due or sustained prior to such
termination, all reasonable costs, fees and expenses, including,
without limitation, reasonable attorneys' fees incurred by GTE in
pursuit of its remedies hereunder, and additional liquidated damages
which shall be an amount equal to one full year of Pole Attachment
fees.
18.5 All rights and remedies of each party set forth in this Agreement shall
be cumulative and none shall exclude any other right or remedy, now or
hereafter allowed by or available under any statute, ordinance, rule of
court, or the common law, either at law or in equity, or both.
19. Indemnification.
19.1 Licensee shall compensate GTE for the full actual loss, damage or
destruction of GTE's property that in any way arises from or is related
to this Agreement or activities undertaken pursuant to this Agreement
(including, without limitation, the installation, construction,
operation or maintenance of Licensee's Attachments).
19.2 Licensee will further indemnify, defend and hold harmless GTE and GTE's
agents, officers, employees and assigns, from any and all losses,
damages, costs, expenses (including, without limitation, reasonable
attorneys' fees), statutory fines or penalties, actions or claims for
personal injury (including death), damage to property, or other damage
or financial loss of whatever nature in any way arising out of or
connected with this Agreement or activities undertaken pursuant to this
Agreement (including, without limitation, the installation,
construction, operation or maintenance of Licensee's Attachments),
except to the extent caused by the gross negligence or willful
misconduct on the part of GTE or GTE's agents, officers, employees and
assigns. Licensee further indemnifies GTE from subsequent taxes and
fees that may be levied by municipalities ROWs in association with
these agreements. Such fees that are levied would be in addition to the
attachment/occupancy fees reflected in this Agreement. Licensee
expressly assumes all liability for actions brought against GTE and
GTE's agents, officers, employees and assigns, by Licensee's agents,
officers or employees and Licensee expressly waives any immunity from
the enforcement of this indemnification provision that might otherwise
be provided by workers' compensation law or by other state or federal
laws.
19.3 Without limiting any of the foregoing, Licensee assumes all risk of,
and agrees to relieve GTE of any and all liability for, loss or damage
(and the consequences of loss or damage) to any Attachments placed on
GTE's poles and any other financial loss sustained by Licensee, whether
caused by fire, extended coverage perils, or other casualty, except to
the extent caused by the gross negligence or willful misconduct on the
part of GTE or GTE's agents, officers, employees and assigns.
19.4 Without limiting the foregoing, Licensee expressly agrees to indemnify,
defend and hold harmless GTE and GTE's agents, officers, employees and
assigns from any and all claims asserted by customers of Licensee in
any way arising out of or in connection with this Agreement or
Licensee's Attachments, except to the extent caused by the gross
negligence or willful misconduct on the part of GTE or GTE's agents,
officers, employees and assigns.
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19.5 Notwithstanding anything to the contrary in this Agreement, Licensee
further shall indemnify and hold harmless GTE, its agents, officers,
and assigns from and against any claims, liabilities, losses, damages,
fines, penalties and costs (including, without limitation, reasonable
attorneys' fees) whether foreseen or unforeseen, which the indemnified
parties suffer or incur because of: (I) any discharge of Hazardous
Waste resulting from acts or omissions of Licensee or the Licensee's
predecessor in interest; (ii) acts or omissions of the Licensee, it
agents, employees, contractors or representatives in connection with
any cleanup required by law, or (iii) failure of Licensee to comply
with Environmental, Safety and Health Laws.
19.6 In no event shall either party be liable to the other party for any
special, consequential or indirect damages (including, without
limitation, lost revenues and lost profits) arising out this Agreement
or any obligation arising hereunder, whether in an action for or
arising out of breach of contract, tort or otherwise.
19.7 Licensee shall indemnify, protect and hold harmless GTE from and
against any and all claims for libel and slander, copyright and/or
patent infringement arising directly or indirectly by reason of
installation of Licensee's equipment on GTE's poles pursuant to this
Agreement.
20. Insurance.
20.1 Licensee shall carry insurance, at its sole cost and expense,
sufficient to cover its indemnification obligations as set
forth in Section 19 of this Agreement. Such insurance shall
include, but not be limited to, coverage against liability due
to personal injury or death of persons in the amount of
$500,000 as to any one person and $1,000,000 as to any one
accident; coverage against liability due to property damage in
the amount of $500,000 as to each accident and $500,000
aggregate; and coverage necessary to fully protect both it and
GTE from all claims under any worker's compensation laws that
may be applicable.
20.2 All insurance required of Licensee under this Agreement shall
remain in force for the entire life of this Agreement. The
company or companies issuing such insurance shall be approved
by GTE and GTE shall be named as an additional insured in each
such policy. Licensee shall submit to GTE certificates by each
insurer to the effect that the insurer has insured Licensee
for all potential liabilities of Licensee under this
Agreement, and that it will not cancel or change any policy of
insurance issued to Licensee except upon thirty (30) days
notice to GTE. In the event Licensee's insurance coverage is
to be canceled by reason of non-payment of premiums due, GTE
shall have the option of paying any amount due and Licensee
shall forthwith reimburse GTE the full amount paid by GTE.
20.3 Licensee shall promptly advise GTE in writing of any and all
claims for damages, including, but not limited to, damage to
property or injury to or death of persons, allegedly arising
out of or in any manner related, directly or indirectly, to
the presence or use of Licensee's Attachments.
20.4 Licensee shall furnish bond or satisfactory evidence of
contractual insurance coverage, the terms of which shall be
subject to GTE's approval, in the amount of ten thousand
dollars ($10,000) to guarantee the payment of any sums which
may become due to GTE for rentals, inspections or for work
performed by GTE for the benefit of Licensee under this
Agreement, including the removal of Licensee's equipment
pursuant to any of the provisions hereof. All bonds must
specify that GTE be notified thirty (30) days prior to the
expiration or cancellation of the policy.
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21. Taxes.
Any state or local excise, sales, or use taxes (excluding any taxes
levied on income) resulting from the performance of this Agreement
shall be borne by the Party upon which the obligation for payment is
imposed under applicable law, even if the obligation to collect and
remit such taxes is placed upon the other Party. The collecting Party
shall charge and collect from the obligated Party, and the obligated
Party agrees to pay to the collecting Party, all applicable taxes,
except to the extent that the obligated Party notifies the collecting
Party and provides to the collecting Party appropriate documentation as
GTE requires that qualifies the obligated Party for a full or partial
exemption. Any such taxes shall be shown as separate items on
applicable billing documents between the Parties. The obligated Party
may contest the same in good faith, at its own expense, and shall be
entitled to the benefit of any refund or recovery, provided that such
Party shall not permit any lien to exist on any asset of the other
Party by reason of the contest. The collecting Party shall cooperate in
any such contest by the other Party. The other Party will indemnify the
collecting Party from any sales or use taxes that may be subsequently
levied on payments by the other Party by the collecting Party.
22. Emergency Restoration Procedures.
In the event of an emergency, restoration procedures may be affected by
the presence of Licensee's Attachments. While GTE shall not be
responsible for the repair of Licensee's Attachments that are damaged
(except by mutual written agreement), GTE shall nonetheless control
access to its poles if the restoration is to be achieved in an orderly
fashion.
22.1 Where GTE and Licensee are involved in emergency restorations,
access to GTE's poles will be controlled by GTE's Maintenance
District Manager or his/her on-site representative according
to the following guidelines:
22.1.1 Service Disruptions/Outages
(a) In the event of service disruptions and/or
outages, while exercising its right to first
access, GTE shall make all reasonable efforts
to grant access to as many other entities with
Attachments as is reasonably safe.
(b) Where simultaneous access is not possible,
access will be granted by GTE on a first come,
first served basis.
22.1.2 Service Affecting Emergencies
(a) In the event of service affecting emergencies
not resulting in service disruptions or
outages, while exercising its right to first
access, GTE shall make all reasonable efforts
to grant access to as many other entities with
Attachments as is reasonably safe.
(b) Where GTE is unable to grant simultaneous
access to all other entities with Attachments,
access will granted according to the level of
damage to the Attachments of each entity and
the likelihood that a given level of damage
will result in service disruption. Where the
likelihood that a service disruption will
result is not clearly discernible, access will
be on a first come, first served basis.
22.2 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any
decision by GTE regarding access to Attachments, or any action
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or failure to act by GTE, under this Section 22 shall not
constitute a basis for any claim by Licensee against GTE for
any damage to Licensee's Attachments or disruption of
Licensee's services, or any other direct or indirect damages
of any kind whatsoever incurred by Licensee.
23. Damage Suspected to Licensee's Facilities Only.
23.1 In the event Licensee receives information that Licensee's
Attachments are damaged, Licensee shall notify GTE of said
damage at a number to be provided later by GTE. This is a
24-hour, 7 days per week notification number. Licensee shall
provide GTE all information known to it regarding the damage
to Licensee's Attachments.
23.2 In the event GTE receives notice that Licensee's Facilities
are damaged, GTE will notify Licensee of said damage by
telephone at the Licensee's emergency telephone number. GTE
shall provide Licensee all information known to it regarding
the damage to Licensee's Attachments.
23.3 After the giving of such notice by either Licensee or GTE,
Licensee shall be authorized to perform emergency restoration
maintenance activities in connection with Licensee's
Attachments, subject to the provisions of this Agreement.
23.4 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any
decision by GTE regarding access to Licensee's Attachments, or
any action or failure to act by GTE, appropriately or
inappropriately, under this Section shall not be the basis for
any claim by Licensee against GTE for any damage to Licensee's
Attachments or disruption of Licensee's services, or any other
direct or indirect damages of any kind whatsoever incurred by
Licensee and Licensee shall indemnify and hold GTE harmless
from any such claim.
24. Abandonment.
Nothing in this Agreement shall prevent or be construed to prevent GTE
from abandoning, selling, assigning or otherwise disposing of any poles
or other GTE property used for Licensee's Attachments; provided,
however, that GTE shall condition any such sale, assignment or other
disposition subject to the rights granted to Licensee pursuant to this
Agreement. GTE shall promptly notify Licensee of any proposed sale,
assignment or other disposition of any poles or other GTE property used
for Licensee's Attachments.
25. Notices.
Any written notice to be given to a party to this Agreement shall be in
writing and given or made by means of telegram, facsimile transmission,
certified or registered mail, express mail or other overnight delivery
service, or hand delivery, proper postage or other charges prepaid, and
addressed or directed to the respective parties as follows:
To Licensee:
-------------------------------
-------------------------------
-------------------------------
To GTE:
-------------------------------
-------------------------------
-------------------------------
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Any notice given by personal delivery shall be deemed to have been
given on the day of actual delivery and, if given by registered or
certified mail, return receipt requested, on the date of receipt
thereof and, if given by facsimile transmission, on the day of
transmittal thereof if given during the normal business hours of the
recipient and on the next business day if not given during normal
business hours.
26. Non-Waiver of Terms and Conditions.
No course of dealing, course of performance or failure to enforce any
of term, right, condition or other provision of this Agreement shall
constitute or be construed as a waiver of any term, right or condition
or other provision of this Agreement.
27. Dispute Resolution.
27.1 Except in the case of (i) a suit, action or proceeding by GTE
to compel Licensee to comply with its obligations to indemnify
GTE pursuant to this Agreement or (ii) a suit, action or
proceeding to compel either party to comply with the dispute
resolution procedures set forth in this section, the parties
agree to use the following procedure to resolve any dispute,
controversy or claim arising out of or relating to this
Agreement or its breach.
27.2 At the written request of a party, each party shall designate
a knowledgeable, responsible representative to meet and
negotiate in good faith to resolve any dispute, controversy or
claim arising under this Agreement. The parties intend that
these negotiations be conducted by non-lawyer, business
representatives. The substance of the negotiations shall be
left to the discretion of the representatives. Upon mutual
agreement, the representatives may utilize other alternative
dispute resolution procedures such as mediation to assist in
the negotiations. Discussions and correspondence between the
representatives for purposes of these negotiations shall be
treated as confidential, undertaken for purposes of
settlement, shall be exempt from discovery and production, and
shall not be admissible in the arbitration described below or
in any subsequent lawsuit without the concurrence of all
parties. Documents identified in or provided during such
negotiations, which are not prepared for purposes of the
negotiations, shall not be so exempt and may, if otherwise
admissible, be admitted as evidence in any subsequent
proceeding.
27.3 If a resolution of the dispute, controversy or claim is not
reached within sixty (60) days of the initial written request,
the dispute, controversy or claim shall be submitted to
binding arbitration by a single arbitrator pursuant to the
rules of the American Arbitration Association (AAA), except as
hereinafter provided. Discovery in any proceeding before the
AAA shall be controlled by the arbitrator and shall be
permitted to the extent set forth in this section. Parties may
exchange, in any combination, up to thirty-five (35) (none of
which may contain subparts) written interrogatories, demands
to produce documents and requests for admission. Each party
may also to take the oral deposition of one (1) witness.
Additional discovery may be permitted upon mutual agreement of
the parties. The arbitration hearing shall be commenced within
sixty (60) days of the demand for arbitration and shall be
held in the city where GTE's local offices are located. The
arbitrator shall rule on the dispute, controversy or claim by
issuing a written opinion within thirty (30) days after the
close of hearings. The times specified in this section may be
extended upon mutual agreement of the parties or by the
arbitrator upon a showing of good cause. Judgment upon the
award rendered by the arbitrator may be entered in any court
having jurisdiction.
27.4 Each party shall bear its own costs, including attorneys'
fees, incurred in connection with any of the foregoing
procedures. A party seeking discovery shall reimburse the
responding
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party the cost of reproducing documents (to include search
time and reproduction time costs). The fees associated with
any arbitration, including the fees of the arbitrator, shall
be divided equally between the parties.
28. Compliance With Laws.
Notwithstanding anything to the contrary in this Agreement, each party
shall ensure that any and all activities it undertakes pursuant to this
Agreement shall comply with all applicable laws, including, without
limitation, all applicable provisions of (i) workers' compensation
laws, (ii) unemployment compensation laws, (iii) the Federal Social
Security Law, (iv) the Fair Labor Standards Act, and (v) all laws,
regulations, rules, guidelines, policies, orders, permits and approvals
of any governmental authority relating to environmental matters and/or
occupational safety.
29. Force Majeure.
Neither party shall have any liability for its delays or its failure in
performance due to fire, flood, explosion, pest damage, power failures,
strikes or labor disputes, acts of God, the Elements, war, civil
disturbances, acts of civil or military authorities or the public
enemy, inability to secure raw materials, transportation facilities,
fuel or energy shortages, or other cause beyond its control.
30. Assignment.
30.1 The rights and obligations of Licensee under this Agreement
shall not be assigned, transferred or sub-licensed, in whole
or in part, without the prior written consent of GTE. An
assignment, transfer or sub-license of this Agreement by
Licensee shall not relieve Licensee of its obligations under
this Agreement. Any assignment attempted without the prior
written consent of GTE shall be void.
30.2 GTE shall have the right to assign this Agreement and to
assign its rights and delegate its obligations and liabilities
under this Agreement, either in whole or in part. GTE shall
provide notice to Licensee of any assignment which shall state
the effective date thereof. Upon the effective date and to the
extent of the assignment, GTE shall be released and discharged
from all obligations and liabilities under this Agreement.
30.3 Neither this Agreement nor any term or provision hereof, nor
any inclusion by reference shall be construed as being for the
benefit of any person or entity not a signatory hereto.
30.4 This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and
assigns.
31. Applicable Law.
This Agreement, and the rights and obligations contained in it, shall
be governed and construed under the laws of the State of _______
without regard to its conflicts of laws provisions.
32. Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and
all applicable laws, rules, regulations, guidelines, orders, or tariffs
that are currently in force or that may be prescribed by any federal,
state or local governmental authority. The parties agree to modify, in
writing, the affected term(s) and condition(s) of this Agreement to
bring them into compliance with such law, rule, regulation, guideline,
order, or tariff. Should any term of this Agreement be determined by a
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court or other entity with competent jurisdiction to be unenforceable,
all other terms of this Agreement shall remain in full force and
effect.
33. Headings.
All headings contained in this Agreement are for convenience only and
are not intended to affect the meaning or interpretation of any part of
this Agreement.
34. Entire Agreement.
The terms and conditions of this Agreement supersede all prior oral or
written understandings between the parties and constitute the entire
agreement between them concerning the subject matter of this Agreement.
There are no understandings or representations, express or implied, not
expressly set forth in this Agreement. This Agreement shall not be
modified or amended except by a writing signed by the party to be
charged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For Licensee:
GTE
--------------------------------------- ------------------------------------
(Signature of Authorized Agent) (Signature of Officer)
(Printed Name of Authorized Agent) (Printed Name of Officer)
(Title) (Title)
(Date) (Date)
ATTEST:
Corporate Seal (If Applicable)
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EXHIBIT
----
ATTACHMENT FEES
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APPENDIX L
CONDUIT OCCUPANCY AGREEMENT
1. Parties.
This agreement (Agreement) is between GTE ARKANSAS INCORPORATED/GTE
MIDWEST INCORPORATED, a State of _______________ corporation having
its principal office at _______________ ("GTE"), and DIGITAL TELEPORT,
INC., a corporation of the State of _______________, having its
principal office at _______________ ("Licensee").
2. Definitions.
2.1 "GTE's conduit(s)" or "GTE conduit(s)" means any reinforced
passage or opening in, on, under/over or through the ground
capable of containing communications facilities.
2.2 "Telecommunications Services" means the offering of
telecommunications for a fee directly to the public, or to
such classes of users as to be effectively available directly
to the public, regardless of the facilities used.
2.3 "Cable Television Services" means the transmission to
subscribers of off-the-air pickup of broadcast signals or the
transmission, without separate charge, of locally originated
closed circuit television to the subscribers of off-the-air
service.
2.4 "Conduit" or "Duct" means a single enclosed raceway used to
house Innerduct.
2.5 "Innerduct," unless otherwise specified or approved by GTE,
shall mean a single enclosed raceway 1" or 1-1/4" in diameter,
placed within duct and used for housing communications
facilities.
2.6 "Facilities" means all facilities, including, but not limited
to, cables, equipment and associated hardware, owned and
utilized by the Licensee which occupy an innerduct.
2.7 "Make-Ready Work" means all work, including, but not limited
to, rearrangement, removal, or transfer of existing
facilities, placement, repair, or replacement of duct or
innerduct, or any other changes required to accommodate the
Licensee's Facilities in a conduit.
2.8 "Manholes" and "handholes" mean subsurface enclosures which
personnel may enter and use for the purpose of installing,
operating and maintaining communications facilities.
2.9 "Hazardous Materials" means (I) any substance, material or
waste now or hereafter defined or characterized as hazardous,
extremely hazardous, toxic or dangerous within the meaning of
the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, or any similar law,
ordinance, statute, rule or regulation of any governmental
body or authority, (ii) any substance, material or waste now
or hereafter classified as a contaminant or pollutant under
any law, ordinance, statute, rule or regulation of any
governmental body or authority or (iii) any other substance,
material or waste, the manufacture, processing, distribution,
use, treatment, storage, placement, disposal, removal or
transportation of which is now or hereafter subject to
regulation under any law, ordinance, statute, rule or
regulation of any governmental body or authority.
2.10 "Occupancy Fee" means the fee paid by Licensee to GTE per
linear foot for each innerduct occupied by Licensee's
Facilities in GTE's Conduit(s).
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3. Purpose.
Licensee represents to GTE that Licensee has a need to occupy, place
and maintain communications facilities within GTE's conduit(s) for the
purpose of providing Telecommunications Service. GTE agrees to permit
Licensee to occupy, place and maintain communications facilities within
GTE's conduit(s) as GTE may allow pursuant to the terms of this
Agreement.
4. Grant of License.
GTE grants to Licensee and Licensee accepts from GTE a non-exclusive
revocable license to occupy, place and maintain in a designated space
in specified GTE conduits Licensee's Facilities on the terms and
conditions set forth herein. Licensee shall have no further right,
title, or other interest in connection with GTE's conduit(s). GTE shall
have the right to grant, renew or extend privileges to others not
parties to this Agreement to occupy, place and maintain facilities in
or otherwise use any or all of GTE's conduit(s). Nothing herein is
intended to, nor should it be construed to require GTE to construct or
modify any facilities not needed for its own service requirements. GTE
grants this license in reliance on the representation of Licensee that
Licensee intends to provide Telecommunications Service with Licensee's
Facilities covered by this Agreement.
5. Term.
Subject to the termination provisions contained in this Agreement, the
term of this Agreement shall be two (2) years from the effective date
referenced in the first paragraph of this Agreement and shall continue
in effect for consecutive one (1) year terms until either Party gives
the other Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term. In the event notice is given less than ninety (90)
calendar days prior to the end of the current term, this Agreement
shall remain in effect for ninety (90) calendar days after such notice
is received, provided, that in no case shall the term be extended
beyond ninety (90) calendar days after the end of the current term.
6. Conduit Occupancy Requests.
6.1 Upon execution of this Agreement, Licensee shall have the
right to submit a written Conduit Occupancy Request ("COR") to
GTE specifying the GTE conduits in which it desires to place
its Facilities. Each COR shall be in a form specified by GTE,
which form may be revised from time to time by GTE. CORs
received by GTE shall be processed on a first come, first
served basis. GTE will determine the availability of space for
Licensee's Facilities in the GTE conduit(s) specified in the
COR within thirty (30) Business Days of its submission. Upon
approval of the COR, GTE shall return a copy thereof to
Licensee bearing an endorsement acknowledging GTE's
authorization. All of Licensee's Facilities placed in GTE's
conduit(s) pursuant to an approved COR shall become subject to
all of the terms and conditions of this Agreement. Licensee
may submit subsequent CORs for approval by GTE as needed. All
of Licensee's Facilities shall be placed in innerduct unless
otherwise approved by GTE. No facilities of any kind shall be
placed in any GTE conduit(s) identified in a COR until that
COR has been approved by GTE.
6.2 Licensee shall pay GTE a fee for processing a COR to
compensate GTE for the general administrative costs as well as
the actual engineering costs reasonably incurred. The fee for
engineering costs shall be computed by multiplying the fully
loaded hourly rate for an engineer times the number of hours
reasonably required by each engineer to inspect the GTE
conduits included in the COR. GTE will charge its then current
rates for
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administrative and engineering costs, as may be changed from
time to time by GTE to remain consistent with prevailing
costs.
6.3 Upon receiving an approved COR, Licensee shall have the right,
subject to the terms of this Agreement, to place and maintain
Licensee's Facilities described in the COR in the innerducts
of the GTE conduit(s) identified therein.
6.4 In the event Make-Ready Work is necessary to accommodate
Licensee's Facilities, GTE shall notify Licensee of such fact
and provide Licensee with an estimate of the total cost of
such Make-Ready Work. Within fifteen (15) days after receiving
such notice from GTE, Licensee shall notify GTE either (1)
that Licensee shall pay all of the costs actually incurred to
perform the Make-Ready Work and shall pay the total estimated
amount to GTE at least ten (10) days prior to the date the
Make-Ready Work is to begin or (2) that it desires to cancel
its COR.
6.5 Nothing herein shall confer any right upon Licensee to place
power cables or related power equipment in GTE conduit(s) or
Manholes. Licensee shall place equipment of this nature in its
own pull boxes outside of GTE's Conduit(s) or Manholes. Cable
connectors or splicing devices shall not be used by Licensee
in GTE's conduit(s) or innerducts.
7. Availability of Conduit Maps.
Existing conduit maps will be made available for viewing by Licensee
for the purpose of pre-order planning at the GTE area engineering
offices during normal business hours, subject to reasonable advance
notification. While a formal written request will not be required in
connection with the first request by Licensee to view conduit maps, GTE
reserves the right to refuse any subsequent viewing request or require
written justification for the request if Licensee has demonstrated that
it does not have a good faith intention to submit a COR. If the
availability of specific point-to-point conduits can be determined at
the time of viewing conduit maps, maps reflecting such point-to-point
conduits may be made available for copying. Licensee shall pay to GTE a
fee for making such copies available sufficient to cover the general
administrative costs incurred. IN MAKING CONDUIT MAPS AVAILABLE, GTE
WILL BE MAKING NO EXPRESS OR IMPLIED WARRANTY REGARDING THEIR ACCURACY
OTHER THAN THAT THEY ARE THE SAME CONDUIT MAPS USED BY GTE IN ITS
DAY-TO-DAY OPERATIONS.
8. Availability of Information Regarding Space In Conduits.
GTE will provide information regarding the availability of conduit
space within thirty (30) Business Days of a written request by
Licensee. Because GTE will endeavor to determine available space as
quickly as possible, a shorter interval may be experienced for requests
of a limited scope where physical field verification is not necessary.
In the event the thirty (30) Business Day time frame cannot be met, GTE
shall so advise Licensee and shall seek a mutually satisfactory
alternative response date. No representation regarding the availability
of space shall be made in the absence of a physical field verification.
9. Authority to Place Licensee's Facilities.
9.1 Before Licensee places any of Licensee's Facilities in GTE's
conduit(s) pursuant to an approved COR, Licensee, upon
request, shall submit sufficient evidence to GTE of its
authority to maintain the Facilities to be placed in GTE's
conduit(s) within the public streets, highways and other
thoroughfares or on private property. Licensee shall be solely
responsible for obtaining all licenses, authorizations,
permits and consents from federal,
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state and municipal authorities or private property owners
that may be required to place and maintain Licensee's
Facilities in GTE's conduit(s).
9.2 GTE shall not attempt to prevent or delay the granting of any
rights-of-way, easements, licenses, authorizations, permits
and consents from any federal, state or municipal authorities,
or private property owners that may be required by Licensee to
place Licensee's Facilities in GTE's conduit(s).
9.3 If any right-of-way, easement, license, authorization, permit
or consent obtained by Licensee is subsequently revoked or
denied for any reason, Licensee's permission to occupy GTE's
conduit(s) shall terminate immediately and Licensee shall
promptly remove Licensee's Facilities. Should Licensee fail to
remove Licensee's Facilities within thirty (30) days of
receiving notice to do so from GTE, GTE shall have the option
to remove Licensee's Facilities and store them in a public
warehouse or elsewhere at the expense of and for the account
of Licensee without GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable for any loss or
damages to Licensee occasioned thereby. All costs incurred by
GTE to remove Licensee's Facilities shall be reimbursed to GTE
by Licensee upon demand.
9.4 Upon notice from GTE to Licensee that the cessation of the use
of any portion of GTE's conduit(s) has been ordered or
directed by any federal, state or municipal authority, or
private property owner, Licensee's permission to occupy such
GTE conduit(s) shall terminate immediately and Licensee
promptly shall remove Licensee's Facilities. Should Licensee
fail to remove Licensee's Facilities within thirty (30) days
of receiving notice to do so from GTE, GTE shall have the
option to remove Licensee's Facilities and store them in a
public warehouse or elsewhere at the expense of and for the
account of Licensee without GTE being deemed guilty of
trespass or conversion, and without GTE becoming liable for
any loss or damages to Licensee occasioned thereby. All costs
incurred by GTE to remove Licensee's Facilities shall be
reimbursed to GTE by Licensee upon demand by GTE.
10. Placement of Licensee's Facilities.
10.1 Licensee shall, at its sole expense, place and maintain
Licensee's Facilities in GTE's conduit(s) in accordance with
(I) such requirements and specifications as GTE shall from
time to time prescribe in writing, (ii) all rules or orders
now in effect or that hereafter may be issued by any
regulatory agency or other authority having jurisdiction, and
(iii) all currently applicable requirements and specifications
of the National Electrical Safety Code, and the applicable
rules and regulations of the Occupational Safety And Health
Act. Licensee agrees to comply, at its sole risk and expense,
with all specifications included in Exhibits _______________
through _______________ hereto, as may be revised from time to
time by GTE.
10.2 Licensee's Facilities shall be tagged at each manhole so as to
identify Licensee as the owner of the Facilities. The tags
shall be of sufficient size and lettering so as to be easily
read.
11. Failure of Licensee to Occupy Conduit Space.
Upon approval of a COR, Licensee shall have sixty (60) days in which to
begin the placement of Licensee's Facilities in the GTE conduit(s)
covered by the COR. If Licensee has not begun placing its Facilities
within that sixty (60) day period, Licensee shall so advise GTE with a
written explanation for the delay. If Licensee fails to advise GTE of
its delay, with a written explanation
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therefor, or if Licensee fails to act in good faith by not making a
bona fide effort to begin placing its Facilities within the sixty (60)
days prescribed by this Section, the previously approved COR shall be
deemed rescinded by GTE and Licensee shall have no further right to
place Licensee's Facilities pursuant to that COR.
12. Occupancy Fees.
12.1 Licensee shall pay to GTE an Occupancy Fee, as specified in
Exhibit _______________ hereto, for each linear foot of
innerduct occupied by Licensee's Facilities in GTE's
conduit(s). If Licensee's Facilities occupy more than one
innerduct, a separate Occupancy Fee shall be paid by Licensee
for each innerduct occupied. The Occupancy Fee specified in
Exhibit _______________ hereto is the fee applicable to 1" or
1-1/4" diameter innerduct. GTE reserves the right to charge a
higher fee for innerduct of greater diameter. The Occupancy
Fee may be increased by GTE from time to time as permitted by
law upon sixty (60) days written notice to Licensee.
12.2 Occupancy Fees shall become due and payable on the date a COR
is approved by GTE for all GTE innerducts identified in that
COR on a pro rata basis until the end of the calendar year and
thereafter on an annual basis within thirty (30) days of the
receipt of a statement from GTE specifying the fees to be
paid. Any payment after thirty (30) days shall bear interest
at the rate of eighteen percent (18%) per annum or the maximum
rate allowed by law, whichever is less.
12.3 GTE shall maintain an inventory of the total linear footage of
innerduct occupied by Licensee's Facilities in GTE's
conduit(s) based upon the cumulative linear footage per
innerduct from all CORs approved by GTE. GTE may, at its
option, conduct a physical inventory of Licensee's Facilities
for purposes of determining the Occupancy Fees to be paid by
Licensee under this section. It shall be Licensee's sole
responsibility to notify GTE of any and all removals of
Licensee's Facilities from GTE's conduit(s). Written notice of
such removals (unless they are covered by Section 17 of this
Agreement) shall be provided to GTE at least thirty (30) days
prior to the removal. Each Notice of Removal shall be in a
form specified by GTE. Licensee shall remain liable for all
Occupancy Fees until Licensee's Facilities have been
physically removed from GTE's conduits.
13. Modifications, Additions or Replacements of Licensee's Facilities.
13.1 Licensee shall not modify, add to or replace Licensee's
Facilities in any GTE conduit(s) without first notifying GTE
in writing of the intended modification, addition or
replacement at least thirty (30) days prior to the date the
activity is scheduled to begin. The required notification
shall include: (1) the date the activity is scheduled to
begin, (2) a description of the planned modification, addition
or replacement, (3) a representation that the modification,
addition or replacement will not require any space other than
the space previously designated for Licensee's Facilities, and
(4) a representation that the modification, addition or
replacement will not impair the structural integrity of the
GTE conduit(s) involved.
13.2 Should GTE determine that the modification, addition or
replacement specified by Licensee in its notice will require
more space than that allocated to Licensee or will require any
modification, replacement or reinforcement of the GTE
conduit(s) involved in order to accommodate Licensee's
modification, addition or replacement, GTE will so notify
Licensee, whereupon Licensee shall be required to submit a COR
in compliance with this Agreement in order to obtain
authorization for the modification, addition or replacement of
Licensee's Facilities.
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13.3 Access to GTE's conduit(s) for repairs, modifications,
additions, or replacements required in emergency situations
shall be governed by the provisions of Section 21 of this
Agreement.
14. Unauthorized Occupancy of GTE Conduit.
14.1 It is agreed that a charge equal to five (5) times the amount
of the then current Occupancy Fee shall be paid by Licensee to
GTE for each unauthorized occupancy of GTE's conduit(s) by
Licensee. Such payment shall be deemed liquidated damages and
not a penalty. Licensee also shall pay GTE an Occupancy Fee
for each unauthorized occupancy accruing from the date the
unauthorized occupancy first began. In the event that the date
the unauthorized occupancy first began cannot be determined,
such date shall be deemed the date of the last physical
inventory made in accordance with this Agreement or, if no
physical inventory has been conducted, the date the first COR
from Licensee was approved in accordance with this Agreement.
Licensee also shall pay to GTE all costs incurred by GTE to
rearrange Licensee's Facilities that are unauthorized if such
rearrangement is required to safeguard GTE's facilities or to
accommodate the facilities of another party whose facilities
would not have required a rearrangement but for the presence
of Licensee's unauthorized facilities. Licensee also shall pay
to GTE all costs incurred by GTE to reinforce, replace or
modify any GTE conduit(s), which reinforcement, replacement or
modification is required as a result of the unauthorized
occupancy by Licensee. The Occupancy Fee referenced in this
subsection 14.1 shall be determined in the same manner as such
a fee would have been determined if the occupancy had been
authorized by GTE.
14.2 For purposes of this section, an unauthorized occupancy shall
include, but not be limited to:
14.2.1 The presence of Licensee's Facilities in any GTE
conduit which conduit is not identified in any COR
approved in accordance with this Agreement;
14.2.2 The presence of Licensee's Facilities in any GTE
conduit that occupies more space than that
allocated to Licensee by GTE;
14.2.3 Licensee's Facilities that are not placed in
accordance with the provisions of this Agreement
or the appropriate COR issued pursuant to this
Agreement;
14.2.4 An addition or modification by Licensee to its
pre-existing Facilities in any GTE conduit that
impairs the structural integrity of that GTE
conduit.
14.2.5 The presence of facilities in GTE's conduit(s)
placed by Licensee that are owned or controlled by
and for the use of a party other than Licensee.
15. Modification or Alteration GTE Conduits.
15.1 In the event GTE plans to modify or alter any GTE conduit(s)
that house Licensee's Facilities, GTE shall provide Licensee
notice of the proposed modification or alteration at least
fourteen (14) days prior to the time the proposed modification
or alteration is scheduled to take place. Should Licensee
decide to modify or alter Licensee's Facilities in the GTE
conduit(s) to be modified or altered by GTE, Licensee shall so
notify GTE in
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writing. In such event, Licensee shall bear a proportionate
share of the total costs incurred by GTE to make the GTE
conduit(s) accessible. Licensee's proportionate share of the
total cost shall be based on the ratio of the amount of new
space occupied by Licensee to the total amount of new space
occupied by all of the parties joining in the modification.
15.2 In the event GTE moves, replaces or changes the location,
alignment or grade of GTE's conduit(s) ("relocation") for
reasons beyond GTE's control, Licensee concurrently shall
relocate Licensee's Facilities. Licensee shall be solely
responsible for the costs of the relocation of Licensee's
Facilities.
16. Disclaimer of Warranties.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GTE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR
PURPOSE.
17. Default and Remedies.
17.1 The occurrence of any one of the following shall be deemed a
Material Default by Licensee under this Agreement:
17.1.1 Failure by Licensee to pay any fee or other sum
required to be paid under the terms of this
Agreement and such default continues for a period
of five (5) days after written notice thereof to
Licensee;
17.1.2 Failure by Licensee to perform or observe any
other term, condition, covenant, obligation or
provision of this Agreement and such default
continues for a period of thirty (30) days after
written notice thereof from GTE (provided that if
such default is not curable within such thirty
(30) day period, the period will be extended if
Licensee commences to cure such default within
such thirty (30) day period and proceeds
diligently thereafter to effect such cure);
17.1.3 The filing of any tax or mechanic's lien against
any GTE conduit(s) which is not bonded or
discharged within thirty (30) days of the date
Licensee receives notice that such lien has been
filed;
17.1.4 Licensee's voluntary or involuntary bankruptcy;
17.1.5 Licensee's knowing use or maintenance of
Licensee's Facilities in violation of any law or
regulation, or in aid of any unlawful act or
undertaking;
17.1.6 If any authorization which may be required of the
Licensee by any governmental or private authority
for the placement, operation or maintenance of
Licensee's Facilities is denied or revoked.
17.2 In the event of a Material Default, GTE, without any further
notice to the Licensee (except where expressly provided for
below or required by applicable law) may do any one or more
of the following:
17.2.1 Perform, on behalf and at the expense of
Licensee, any obligation of Licensee under this
Agreement which Licensee has failed to perform
and of which GTE shall have given Licensee
notice, the cost of which performance shall be
paid by Licensee to GTE upon demand;
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17.2.2 Terminate this Agreement by giving notice of
such termination to Licensee and remove
Licensee's Facilities and store them in a
public warehouse or elsewhere at the expense
of and for the account of Licensee without
GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable
for any loss or damages to Licensee
occasioned thereby; or
17.2.3 Exercise any other legal or equitable right
or remedy which GTE may have.
17.3 Any costs and expenses incurred by GTE (including,
without limitation, reasonable attorneys' fees) in
enforcing this Agreement shall be paid to GTE by Licensee
upon demand.
17.4 Upon termination of this Agreement by GTE, Licensee shall
remain liable to GTE for any and all fees, other payments
and damages which may be due or sustained prior to such
termination, all reasonable costs, fees and expenses,
including, without limitation, reasonable attorneys' fees
incurred by GTE in pursuit of its remedies hereunder, and
additional liquidated damages which shall be an amount
equal to one full year of Occupancy Fees.
17.5 All rights and remedies of GTE set forth in this
Agreement shall be cumulative and none shall exclude any
other right or remedy, now or hereafter allowed by or
available under any statute, ordinance, rule of court, or
the common law, either at law or in equity, or both.
18. Indemnification.
18.1 Licensee shall compensate GTE for the full actual loss, damage
or destruction of GTE's property that in any way arises from
or is related to this Agreement or activities undertaken
pursuant to this Agreement (including, without limitation, the
installation, construction, operation or maintenance of
Licensee's Facilities).
18.2 Licensee will further indemnify, defend and hold harmless GTE
and GTE's agents, officers, employees and assigns, from any
and all losses, damages, costs, expenses (including, without
limitation, reasonable attorneys' fees), statutory fines or
penalties, actions or claims for personal injury (including
death), damage to property, or other damage or financial loss
of whatever nature in any way arising out of or connected with
this Agreement or activities undertaken pursuant to this
Agreement (including, without limitation, the installation,
construction, operation or maintenance of Licensee's
Facilities), except to the extent caused by the negligence or
willful misconduct on the part of GTE or GTE's agents,
officers, employees and assigns. Licensee further indemnifies
GTE from subsequent taxes and fees that may be levied by
municipalities ROWs in association with these agreements. Such
fees that are levied would be in addition to the
attachment/occupancy fees reflected in this Agreement.
Licensee expressly assumes all liability for actions brought
against GTE and GTE's agents, officers, employees and assigns,
by Licensee's agents, officers or employees and Licensee
expressly waives any immunity from the enforcement of this
indemnification provision that might otherwise be provided by
workers' compensation law or by other state or federal laws.
18.3 Without limiting any of the foregoing, Licensee assumes all
risk of, and agrees to relieve GTE of any and all liability
for, loss or damage (and the consequences of loss or damage)
to any of Licensee's Facilities placed in any GTE conduit(s)
and any other financial loss sustained by Licensee, whether
caused by fire, extended coverage perils, or other casualty,
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except to the extent caused by the negligence or willful
misconduct on the part of GTE or GTE's agents, officers,
employees and assigns.
18.4 Without limiting the foregoing, Licensee expressly agrees to
indemnify, defend and hold harmless GTE and GTE's agents,
officers, employees and assigns from any and all claims
asserted by customers of Licensee in any way arising out of or
in connection with this Agreement or Licensee's Attachments,
except to the extent caused by the negligence or willful
misconduct on the part of GTE or GTE's agents, officers,
employees and assigns.
18.5 Notwithstanding anything to the contrary in this Agreement,
Licensee further shall indemnify and hold harmless GTE, its
agents, officers, employees and assigns from and against any
claims, liabilities, losses, damages, fines, penalties and
costs (including, without limitation, reasonable attorneys'
fees) whether foreseen or unforeseen, which the indemnified
parties suffer or incur because of: (I) any discharge of
Hazardous Waste resulting from acts or omissions of Licensee
or the Licensee's predecessor in interest; (ii) acts or
omissions of the Licensee, it agents, employees, contractors
or representatives in connection with any cleanup required by
law, or (iii) failure of Licensee to comply with
Environmental, Safety and Health Laws.
18.6 In no event shall GTE be liable to Licensee for any special,
consequential or indirect damages (including, without
limitation, lost revenues and lost profits) arising out this
Agreement or any obligation arising hereunder, whether in an
action for or arising out of breach of contract, tort or
otherwise.
18.7 Licensee shall indemnify, protect and hold harmless GTE from
and against any and all claims for libel and slander,
copyright and/or patent infringement arising directly or
indirectly by reason of installation of Licensee's equipment
in GTE's Ducts pursuant to this Agreement.
19. Insurance.
19.1 Licensee shall carry insurance, at its sole cost and expense,
sufficient to cover its indemnification obligations as set
forth in Section 18 of this Agreement. Such insurance shall
include, but not be limited to, coverage against liability due
to personal injury or death of persons in the amount of
$500,000 as to any one person and $1,000,000 as to any one
accident; coverage against liability due to property damage in
the amount of $500,000 as to each accident and $500,000
aggregate; and coverage necessary to fully protect both it and
GTE from all claims under any worker's compensation laws that
may be applicable.
19.2 All insurance required of Licensee under this Agreement shall
remain in force for the entire life of this Agreement. The
company or companies issuing such insurance shall be approved
by GTE and GTE shall be named as an additional insured in each
such policy. Licensee shall submit to GTE certificates by each
insurer to the effect that the insurer has insured Licensee
for all potential liabilities of Licensee under this
Agreement, and that it will not cancel or change any policy of
insurance issued to Licensee except upon thirty (30) days
notice to GTE. In the event Licensee's insurance coverage is
to be canceled by reason of non-payment of premiums due, GTE
shall have the option of paying any amount due and Licensee
shall forthwith reimburse GTE the full amount paid by GTE.
19.3 Licensee shall promptly advise GTE in writing of any and all
claims for damages, including, but not limited to, damage to
property or injury to or death of persons, allegedly arising
out of or in any manner related, directly or indirectly, to
the presence or use of Licensee's Facilities.
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19.4 Licensee shall furnish bond or satisfactory evidence of
contractual insurance coverage, the terms of which shall be
subject to GTE's approval, in the amount of ten thousand
dollars ($10,000) to guarantee the payment of any sums which
may become due to GTE for rentals, inspections or for work
performed by GTE for the benefit of Licensee under this
Agreement, including the removal of Licensee's equipment
pursuant to any of the provisions hereof. All bonds must
specify that the GTE be notified thirty (30) days prior to the
expiration or cancellation of the policy.
20. Taxes.
Any state or local excise, sales, or use taxes (excluding any taxes
levied on income) resulting from the performance of this Agreement
shall be borne by the Party upon which the obligation for payment is
imposed under applicable law, even if the obligation to collect and
remit such taxes is placed upon the other Party. The collecting Party
shall charge and collect from the obligated Party, and the obligated
Party agrees to pay to the collecting Party, all applicable taxes,
except to the extent that the obligated Party notifies the collecting
Party and provides to the collecting Party appropriate documentation as
GTE requires that qualifies the obligated Party for a full or partial
exemption. Any such taxes shall be shown as separate items on
applicable billing documents between the Parties. The obligated Party
may contest the same in good faith, at its own expense, and shall be
entitled to the benefit of any refund or recovery, provided that such
Party shall not permit any lien to exist on any asset of the other
Party by reason of the contest. The collecting Party shall cooperate in
any such contest by the other Party. The other Party will indemnify the
collecting Party from any sales or use taxes that may be subsequently
levied on payments by the other Party by the collecting Party.
21. Emergency Restoration Procedures.
In the event of an emergency, restoration procedures may be affected by
the presence of Licensee's Facilities in GTE's conduit(s). While GTE
shall not be responsible for the repair of Licensee's Facilities that
are damaged (except by mutual written agreement), GTE shall nonetheless
control access to its Conduits if the restoration is to be achieved in
an orderly fashion.
21.1 Where GTE and Licensee are involved in emergency restorations,
access to GTE's conduit(s) will be controlled by GTE's
Maintenance District Manager or his/her on-site representative
according to the following guidelines:
21.1.1 Service Disruptions/Outages
(a) In the event of service disruptions and/or
outages, while exercising its right to first
access, GTE shall make all reasonable efforts to
grant access to as many other entities with
facilities in GTE's conduit(s) as is reasonably
safe.
(b) Where simultaneous access is not possible, access
will be granted by GTE on a first come, first
served basis.
21.1.2 Service Affecting Emergencies
(a) In the event of service affecting emergencies not
resulting in service disruptions or outages,
while exercising its right to first access, GTE
shall make all reasonable efforts to grant access
to as many other entities with facilities in
GTE's conduit(s) as is reasonably safe.
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(b) Where GTE is unable to grant simultaneous access
to all other entities with facilities in GTE's
conduit(s), access will granted according to the
level of damage to the facilities of each entity
and the likelihood that a given level of damage
will result in service disruption. Where the
likelihood that a service disruption will result
is not clearly discernible, access will be on a
first come, first served basis.
21.2 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any
decision by GTE regarding access to Licensee's Facilities, or
any action or failure to act by GTE under this Section 21
shall not constitute a basis for any claim by Licensee against
GTE for any damage to Licensee's Facilities or disruption of
Licensee's services, or any other direct or indirect damages
of any kind whatsoever incurred by Licensee.
22. Damage Suspected to Licensee's Facilities Only.
22.1 In the event Licensee receives information that Licensee's
Facilities are damaged, Licensee shall notify GTE of said
damage at [---TELEPHONE NUMBER---]. This is a 24-hour, 7 days
per week notification number. Licensee shall provide GTE all
information known to it regarding the damage to Licensee's
Facilities.
22.2 In the event GTE receives notice that Licensee's Facilities
are damaged, GTE will notify Licensee of said damage by
telephone at the Licensee's emergency telephone number. GTE
shall provide Licensee all information known to it regarding
the damage to Licensee's Facilities.
22.3 After the giving of such notice by either Licensee or GTE,
Licensee shall be authorized to perform emergency restoration
maintenance activities in connection with Licensee's
Facilities, subject to the provisions of this Agreement.
22.4 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any
decision by GTE regarding access to Licensee's facilities, or
any action or failure to act by GTE, appropriately or
inappropriately, under this Section shall not be the basis for
any claim by Licensee against GTE for any damage to Licensee's
Facilities or disruption of Licensee's services, or any other
direct or indirect damages of any kind whatsoever incurred by
Licensee and Licensee shall indemnify and hold GTE harmless
from any such claim.
23. Access to GTE's Manholes/Handholes.
23.1 GTE will allow Licensee to audit manholes/handholes that are
included in any COR submitted to GTE to confirm usability.
Licensee shall give GTE at least fourteen (14) days advance
written notice of its desire to audit and shall obtain all
authorizations from appropriate authorities required to open
the manholes/handholes. GTE shall have the right to have a GTE
employee or agent present when its manholes/handholes are
being opened. Such GTE employee or agent shall have the
authority to suspend Licensee's activities in and around GTE's
manholes/handholes if, in the sole discretion of said employee
or agent, any hazardous conditions arise or any unsafe
practices are being followed by Licensee's employees, agents,
or contractors. Licensee agrees to reimburse GTE the cost of
having GTE's employee or agent present. Such charge shall be
GTE's fully loaded labor rates then in effect.
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23.2 For purposes other than to audit usability, GTE's
manholes/handholes shall be opened only as permitted by GTE
and only after Licensee has obtained all necessary
authorizations from appropriate authorities to open
manholes/handholes and conduct work operations therein. GTE
shall have the right to have a GTE employee or agent present
at any site at which its manholes/handholes are being opened.
Such GTE employee or agent shall have the authority to suspend
Licensee's work operations in and around GTE's
manholes/handholes if, in the sole discretion of said employee
or agent, any hazardous conditions arise or any unsafe
practices are being followed by Licensee's employees, agents,
or contractors. Licensee agrees to reimburse GTE the cost of
having GTE's employee or agent present. Such charge shall be
GTE's fully loaded labor rates then in effect. The presence
of GTE's authorized employee or agent shall not relieve
Licensee of its responsibility to conduct all of its work
operations in and around GTE's conduit(s) in a safe and
workmanlike manner, in accordance with the terms of this
Agreement.
24. Abandonment.
Nothing in this Agreement shall prevent or be construed to prevent GTE
from abandoning, selling, assigning or otherwise disposing of any GTE
conduit(s) or other GTE property used in connection with Licensee's
Facilities; provided, however, that GTE shall condition any such sale,
assignment or other disposition subject to the rights granted to
Licensee pursuant to this Agreement. GTE shall promptly notify Licensee
of any proposed sale, assignment or other disposition of any GTE
conduit(s) or other GTE property used in connection with Licensee's
Facilities.
25. Notices.
Any written notice to be given to a party to this Agreement shall be in
writing and given or made by means of telegram, facsimile transmission,
certified or registered mail, express mail or other overnight delivery
service, or hand delivery, proper postage or other charges prepaid, and
addressed or directed to the respective parties as follows:
To Licensee:
-------------------------------
-------------------------------
-------------------------------
To GTE:
-------------------------------
-------------------------------
-------------------------------
Any notice given by personal delivery shall be deemed to have been
given on the day of actual delivery and, if given by registered or
certified mail, return receipt requested, on the date of receipt
thereof and, if given by facsimile transmission, on the day of
transmittal thereof if given during the normal business hours of the
recipient and on the next business day if not given during normal
business hours.
26. Non-Waiver of Terms and Conditions.
No course of dealing, course of performance or failure to enforce any
of term, right, condition or other provision of this Agreement shall
constitute or be construed as a waiver of any term, right or condition
or other provision of this Agreement.
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27. Dispute Resolution.
27.1 Except in the case of (i) a suit, action or proceeding by GTE
to compel Licensee to comply with its obligations to indemnify
GTE pursuant to this Agreement or (ii) a suit, action or
proceeding to compel either party to comply with the dispute
resolution procedures set forth in this section, the parties
agree to use the following procedure to resolve any dispute,
controversy or claim arising out of or relating to this
Agreement or its breach.
27.2 At the written request of a party, each party shall designate
a knowledgeable, responsible representative to meet and
negotiate in good faith to resolve any dispute, controversy or
claim arising under this Agreement. The parties intend that
these negotiations be conducted by non-lawyer, business
representatives. The substance of the negotiations shall be
left to the discretion of the representatives. Upon mutual
agreement, the representatives may utilize other alternative
dispute resolution procedures such as mediation to assist in
the negotiations. Discussions and correspondence between the
representatives for purposes of these negotiations shall be
treated as confidential, undertaken for purposes of
settlement, shall be exempt from discovery and production, and
shall not be admissible in the arbitration described below or
in any subsequent lawsuit without the concurrence of all
parties. Documents identified in or provided during such
negotiations, which are not prepared for purposes of the
negotiations, shall not be so exempt and may, if otherwise
admissible, be admitted as evidence in any subsequent
proceeding.
27.3 If a resolution of the dispute, controversy or claim is not
reached within sixty (60) days of the initial written request,
the dispute, controversy or claim shall be submitted to
binding arbitration by a single arbitrator pursuant to the
rules of the American Arbitration Association (AAA), except as
hereinafter provided. Discovery in any proceeding before the
AAA shall be controlled by the arbitrator and shall be
permitted to the extent set forth in this section. Parties may
exchange, in any combination, up to thirty-five (35) (none of
which may contain subparts) written interrogatories, demands
to produce documents and requests for admission. Each party
may also to take the oral deposition of one (1) witness.
Additional discovery may be permitted upon mutual agreement of
the parties. The arbitration hearing shall be commenced within
sixty (60) days of the demand for arbitration and shall be
held in the city where GTE's local offices are located. The
arbitrator shall rule on the dispute, controversy or claim by
issuing a written opinion within thirty (30) days after the
close of hearings. The times specified in this section may be
extended upon mutual agreement of the parties or by the
arbitrator upon a showing of good cause. Judgment upon the
award rendered by the arbitrator may be entered in any court
having jurisdiction.
27.4 Each party shall bear its own costs, including attorneys'
fees, incurred in connection with any of the foregoing
procedures. A party seeking discovery shall reimburse the
responding party the cost of reproducing documents (to include
search time and reproduction time costs). The fees associated
with any arbitration, including the fees of the arbitrator,
shall be divided equally between the parties.
28. Compliance With Laws.
Notwithstanding anything to the contrary in this Agreement, Licensee
shall ensure that any and all activities it undertakes pursuant to this
Agreement shall comply with all applicable laws, including, without
limitation, all applicable provisions of (i) workers' compensation
laws, (ii) unemployment compensation laws, (iii) the Federal Social
Security Law, (iv) the Fair Labor Standards Act, and (v) all laws,
regulations, rules, guidelines, policies, orders, permits and
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approvals of any governmental authority relating to environmental
matters and/or occupational safety.
29. Force Majeure.
Except for payment of the Occupancy Fees and other amounts payable
under this Agreement, neither party shall have any liability for its
delays or its failure in performance due to fire, flood, explosion,
pest damage, power failures, strikes or labor disputes, acts of God,
the Elements, war, civil disturbances, acts of civil or military
authorities or the public enemy, inability to secure raw materials,
transportation facilities, fuel or energy shortages, or other cause
beyond its control.
30. Assignment.
30.1 The rights and obligations of Licensee under this Agreement
shall not be assigned, transferred or sub-licensed, in whole
or in part, without the prior written consent of GTE. An
assignment, transfer or sub-license of this Agreement by
Licensee shall not relieve Licensee of its obligations under
this Agreement. Any assignment attempted without the prior
written consent of GTE shall be void.
30.2 GTE shall have the right to assign this Agreement and to
assign its rights and delegate its obligations and liabilities
under this Agreement, either in whole or in part. GTE shall
provide notice to Licensee of any assignment which shall state
the effective date thereof. Upon the effective date and to the
extent of the assignment, GTE shall be released and discharged
from all obligations and liabilities under this Agreement.
30.3 Neither this Agreement nor any term or provision hereof, nor
any inclusion by reference shall be construed as being for the
benefit of any person or entity not a signatory hereto.
30.4 This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and
assigns.
31. Applicable Law.
This Agreement, and the rights and obligations contained in it, shall
be governed and construed under the laws of the State of _______
without regard to its conflicts of laws provisions.
32. Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and
all applicable laws, rules, regulations or guidelines that subsequently
may be prescribed by any federal, state or local governmental
authority. To the extent required by any such subsequently prescribed
law, rule, regulation or guideline, the parties agree to modify, in
writing, the affected term(s) and condition(s) of this Agreement to
bring them into compliance with such law, rule, regulation or
guideline. Should any term of this Agreement be determined by a court
or other entity with competent jurisdiction to be unenforceable, all
other terms of this Agreement shall remain in full force and effect.
33. Headings.
All headings contained in this Agreement are for convenience only and
are not intended to affect the meaning or interpretation of any part of
this Agreement.
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34. Entire Agreement.
The terms and conditions of this Agreement supersede all prior oral or
written understandings between the parties and constitute the entire
agreement between them concerning the subject matter of this Agreement.
There are no understandings or representations, express or implied, not
expressly set forth in this Agreement. This Agreement shall not be
modified or amended except by a writing signed by the party to be
charged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For Licensee:
GTE
----------------------------------------- ---------------------------------
(Signature of Authorized Agent) (Signature of Officer)
(Printed Name of Authorized Agent) (Printed Name of Officer)
(Title) (Title)
(Date) (Date)
ATTEST:
Corporate Seal (If Applicable)
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EXHIBIT
----
OCCUPANCY FEES
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APPENDIX M
RECIPROCAL COMPENSATION FOR CALL TERMINATION
1. This document describes the reciprocal compensation arrangements
between DTI and GTE for Local Tariff, Toll and Switched Access
Services. The Parties shall compensate each other for transport and
termination of such traffic at the rates provided in Appendix D and/or
the appropriate Parties' Switched Access Tariff.
2. Compensation for Call Termination
A. Reciprocal compensation does not apply in a resale
environment.
B. The following compensation terms shall apply in all cases
where DTI purchases GTE's unbundled Local Switching:
1. For local intra-switch calls between lines connected
to GTE's switch where DTI has purchased GTE's
unbundled Local Switching, the Parties agree to
impose no call termination charges on each other.
GTE's Local Switching charge will apply as described
below where the call is:
(a) Originated by DTI's customer and completed
to a GTE customer:
(1) (For use of the local switch): Local
Switching charge at the originating
office will apply to DTI.
(b) Originated by DTI's customer and completed
to the customer of a Third Party LEC (not
affiliated with DTI) using GTE's unbundled
Local Switching:
(1) (For use of the local switch): Local
Switching charge at the originating
office will apply to DTI.
(c) Originated by DTI's customer and completed
to another DTI's customer using GTE's
unbundled Local Switching.
(1) (For use of the local switch): Local
Switching charge at the originating
office will apply to DTI.
(d) Originated by a GTE customer and terminated
to DTI's customer using GTE's unbundled
Local Switching.
(1) No Local Switching charge will
apply.
(e) Originated by the customer of a Third Party
LEC (not affiliated with DTI) using GTE's
unbundled Local Switching and terminated to
DTI's customers using GTE's unbundled Local
Switching.
(1) No Local Switching charge will apply
to DTI.
2. For Local inter-switch calls where DTI has purchased GTE's unbundled
Local Switching.
GTEs charges will apply to DTI described below where the call is:
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(a) Originated from DTI's end-user customer using GTE's unbundled
Local Switching and completed to a GTE customer.
(1) (For use of the local switch): Local Switching charge at
the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport.
(3) (For call termination): Charges for local
interconnection/call termination, when applicable.
(b) Originated from DTI's customer using GTE's unbundled Local
Switching and completed to a Third Party LEC (not affiliated
with DTI) customer using GTE's unbundled Local Switching.
(1) (For use of the local switch): Local Switching charge at
the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport.
(c) Originated from DTI's customer using GTE's unbundled Local
Switching and completed to the interconnected network of a
Third Party LEC (not affiliated with DTI).
(1) (For use of the local switch): Local Switching charge at
the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport, and mileage shall be measured
between the originating office and the POI of the Third
Party's network.
(d) Originated from DTI's customer using GTE's unbundled Local
Switching and completed to DTI's customer using GTE's
unbundled Local Switching.
(1) (For use of the local switch): Local Switching charge at
the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport.
(3) (For use of the local switch): Local Switching charge at
the terminating office.
(d) Originated by a GTE customer and terminated to DTI's customer
using GTE's unbundled Local Switching.
(1) (For use at local switch): Local Switching Charge at the
terminating office.
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(2) (For call termination): DTI shall charge GTE for local
interconnection/call termination, when applicable.
(f) Originated by a customer of a third-party LEC (not affiliated
with DTI) using GTE's unbundled Local Switching and terminated
to DTI's customer using GTE's unbundled Local Switching.
(1) (For use of the local switch): Local Switching charge at
the terminating office.
(g) Originated by a customer of the interconnected network of a
third-party LEC (not affiliated with DTI) and terminated to
DTI's customer using GTE's unbundled Local Switching.
(1) (For use of the local switch): Local Switching charge at
the terminating office.
3. For intraLATA toll calls where DTI has purchased GTE's unbundled Local
Switching, charges per Unbundled Network Element pricing shall apply as
follows:
a. Originated by DTI's customer and completed to a GTE customer.
1. (For use of the local switch): Local Switching charge plus RIC
and CCLC (Residual Interconnection Charge) at the originating
office.
2. Shared transport charge between the two offices will apply
when DTI uses GTE's transport.
3. (For call termination): End Office Switching charge at the
terminating office (Switched Access Rate).
4. RIC and CCLC at the terminating office.
B. Originated by DTI's customer and completed to the customer of a
third-party LEC (not affiliated with DTI) using GTE's unbundled
Local Switching in a distant end office.
1. (For use of the local switch): Local Switching charge plus RIC
and CCLC at the originating office.
2. Shared transport charge between the two offices will apply
when DTI uses GTE's transport.
C. Originated by DTI customer and completed to the network of a
third-party LEC (not affiliated with DTI) interconnected with GTE's
network.
1. (For use of the local switch): Local Switching charge, plus
RIC and CCLC, at the originating office.
2. Common transport charge will apply when DTI uses GTE's
transport, and mileage shall be measured between the
originating office and the POI of the Third Party's network.
3. Tandem Switching, where applicable.
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D. Originated by DTI's customer and completed by another of DTI's
customers being served through GTE's unbundled Local Switching in a
distant office.
1. (For use of the local switch): Local Switching charge plus RIC
and CCLC at the originating office.
2. Shared transport charge between the two offices will apply
when DTI uses GTE's transport.
3. (For use of the local switch): Local Switching charge plus RIC
and CCLC at the terminating office.
E. Originated by a GTE customer and terminated to DTI's customer using
GTE's unbundled Local Switching.
1. (For use of the local switch): Local Switching charge plus RIC
and CCLC at the terminating office.
2. (For call termination): DTI will charge GTE Local Switching at
the terminating office (Switched Access Rate).
3. (For call termination): DTI will charge GTE NIC and CCLC at
the terminating office.
F. Originated by the customer of a third-party LEC (not affiliated
with DTI) using GTE's unbundled Local Switching in a distant end
office and terminated to DTI's customer using GTE's unbundled Local
Switching.
1. (For use of the local switch): Local Switching charge plus RIC
and CCLC at the terminating office.
G. Originated by a customer of the network of a third-party LEC (not
affiliated with DTI) interconnected with GTE's network and
terminated to DTI's customer using GTE's unbundled Local Switching.
1. (For use of the local switch): Local Switching charge plus RIC
and CCLC at the terminating office.
4. For intrastate Switched Access calls where DTI's is using GTE's
unbundled Local Switching for calls originated from or terminated to
an IXC for completion:
a. For calls originated from DTI's customer to DTI's own IXC switch
(or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge at the
terminating office.
2. Originating RIC and CCLC.
3. GTE will charge DTI's IXC affiliate the following Switched
Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
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4. DTI will charge DTI's IXC affiliate the following Switched
Access elements on a meet-point basis:
(a) Originating RIC and CCLC;
(b) Local Switching.
B. For calls originating from DTI's customer to an IXC's switch not
affiliated with DTI.
1. (For use of the local switch): DTI's customer to an IXC's
switch not affiliated with DTI.
2. Originating RIC and CCLC.
3. GTE shall charge the non-affiliated IXC for the following
originating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge the non-affiliated IXC for the following
Switched Access elements on a meet-point basis:
(a) Originating RIC and CCLC;
(b) Local Switching.
C. For calls terminating to DTI's end-user customer from DTI's own IXC
switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge at the
terminating office.
2. Terminating RIC and CCLC.
3. GTE will charge DTI's IXC (affiliate) the following Switched
Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC (affiliate) for the following
Switched Access elements on a meet-point basis:
(a) Terminating RIC and CCLC.
(b) Local Switching.
D. For calls terminating to DTI's customer from an IXC switch not
affiliated with DTI.
1. (For use of the local switch): Local Switching charge at the
terminating office.
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2. Terminating RIC and CCLC.
3. GTE shall charge the IXC for the following terminating
Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge IXC for the following Switched Access elements
on a meet-point basis:
(a) Terminating RIC and CCLC;
(b) Local Switching.
5. For interstate Switched Access calls where DTI is using GTE's unbundled
Local Switching for calls originated from or terminated to an IXC for
completion:
a. For calls originated from DTI's customer to DTI's own IXC switch
(or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge at the
originating office.
2. Originating Residual Interconnection Charge (RIC) and CCL.
3. GTE shall charge DTI's IXC affiliate for the following
originating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following Switched
Access elements on a meet-point basis:
(a) Originating RIC;
(b) Originating CCLC;
(c) Local Switching.
B. For calls originated from DTI's customer to an IXC's switch not
affiliated to DTI.
1. (For use of the local switch): Local Switching charge at the
terminating office.
2. Originating RIC and CCLC.
3. GTE shall charge the IXC for the following originating
Switched Access on a meet-point basis:
(a) Local Transport;
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(b) Tandem Switching.
4. DTI will charge IXC the following Switched Access elements
on a meet-point basis:
(a) Originating RIC;
(b) Originating CCLC;
(c) Local Switching.
C. For calls terminating to DTI's customer for DTI's own IXC switch
(or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge at the
terminating office.
2. Terminating RIC and CCL.
3. GTE will charge DTI's IXC (affiliate) the following Switched
Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following Switched
Access elements on a meet-point basis:
(a) Terminating RIC;
(b) Terminating CCLC;
(c) Local Switching.
D. For calls terminating to DTI's customer from an IXC switch not
affiliated with DTI.
1. (For use of the local switch): Local Switching charge at the
terminating office.
2. Terminating RIC and CCL.
3. GTE will charge the non-affiliated IXC for the following
terminating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge IXC the following Switched Access elements on
a meet-point basis:
(a) Terminating RIC;
(b) Terminating CCLC;
(c) Local Switching.
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APPENDIX 46A
GTE TERMS
GTE/DTI OPT-IN NEGOTIATION ISSUES
Pursuant to Section 46 of Article III to the GTE/Digital Teleport, Inc.
Interconnection Agreement and subject to all of the terms and conditions of that
Section, each of the following rates or terms may be replaced or supplemented by
the correlative rate or term set forth in the Arbitrating CLEC Terms listed in
Appendix 46, as and when provided in Section 46 and only until, as long as, and
under the conditions prescribed by Section 46.
1. Substitute the Avoided Cost Discount in Appendix F with the resale
discount rate(s) that may be indicated in Appendix 46B.
2. Substitute the list of services excluded from resale under Section 2.2
of Article VI to remove those services to be made available for resale
that may be indicated in Appendix 46B.
3. Substitute the list of services available for resale but not at a
discount under Section 2.3 if Article VI to remove those services to be
made available for resale at a discount that may be indicated in
Appendix 46B.
4. Substitute the rates for transport and termination of traffic in
Appendix D with the rates that may be indicated in Appendix 46B.
5. Substitute the prices for unbundled elements in Appendix G with prices
that may be indicated in Appendix 46B.
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APPENDIX 46B
OTHERCLEC TERMS
GTE/DTI OPT-IN NEGOTIATION ISSUES
Pursuant to Section 46 of Article III of the GTE/Digital Teleport, Inc.
Interconnection Agreement, and subject to all of the terms and condition
thereof, and after notice as called for in Section 46, the following terms as
written in the "Arbitrating CLEC" Agreement referred to in Section 46 will be
substituted for the GTE Terms which are set out in Appendix 46A as and when
Section 46 calls for them to be substituted.
When the identity of the Arbitrating CLEC Agreement is established pursuant to
the provisions of Section 46, the parties shall modify this Appendix by
replacing the descriptions of subjects below with the specific rates and terms
of the Arbitrating CLEC Agreement that describes those precise points.
1. The resale discount percentages(s) ordered by the arbitrator to apply
to the services that will be provided under Article VI of this
Agreement for resale at a discount.
2. The services that were ordered by the arbitrator to be made available
for resale which would otherwise be excluded from available resale
services under Article VI, Section 2.2 of this Agreement.
3. The services that were ordered by the arbitrator to be made available
for resale at a discount which would otherwise be made available but
not at a discount under Article VI, Section 2.3. of this Agreement.
4. The rates for transport and termination of traffic ordered by the
arbitrator to apply to the services that will be provided under Article
V of this Agreement.
5. The rates for unbundled elements ordered by the arbitrator to apply to
the services that will be provided under Article VII of this Agreement.
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