INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
DATED AS OF JUNE 5, 1998
BY AND BETWEEN
XXXX ATLANTIC - PENNSYLVANIA, INC.
AND
ACCELERATED
CONNECTIONS,
INC.
TABLE OF CONTENTS
Page
----
1.0 DEFINITIONS 2
2.0 INTERPRETATION AND CONSTRUCTION 11
3.0 INTERCONNECTION ACTIVATION DATES AND IMPLEMENTATION SCHEDULE 11
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2) 12
4.1 Scope 12
4.2 Physical Architectures 14
4.3 Mid-Span Meets 15
4.4 Interconnection in Additional LATAs 16
4.5 Interconnection Points for Different Types of Traffic 17
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC
PURSUANT TO SECTION 251(c)(2) 17
5.1 Scope of Traffic 17
5.2 Trunk Group Connections and Ordering 17
5.3 Additional Switching System Hierarchy and Trunking Requirements 18
5.4 Signaling 18
5.5 Grades of Service 18
5.6 Measurement and Billing 18
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5) 19
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC
PURSUANT TO 251(c)(2) 20
6.1 Scope of Traffic 20
6.2 Trunk Group Architecture and Traffic Routing 20
6.3 Meet-Point Billing Arrangements 21
6.4 800/888 Traffic 24
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC 25
7.1 Information Services Traffic 25
7.2 LSV/VCI Traffic 26
7.3 Transit Service 27
7.4 911/E911 Arrangements 28
7.5 Ancillary Traffic Generally 30
8.0 NUMBER RESOURCES, RATE CENTERS, AND RATING POINTS 30
i
9.0 NETWORK MAINTENANCE AND MANAGEMENT; OUTAGES 31
9.3 Interference or Impairment 31
9.4 Repeated or Willful Noncompliance 31
9.5 Outage Repair Standard 32
9.6 Notice of Changes -- Section 251(c)(5) 32
10.0 JOINT NETWORK IMPLEMENTATION AND GROOMING PROCESS;
INSTALLATION, MAINTENANCE, TESTING AND REPAIR 32
10.1 Joint Network Implementation and Grooming Process 32
10.2 Installation, Maintenance, Testing and Repair 33
10.3 Forecasting Requirements for Trunk Provisioning 33
11.0 UNBUNDLED ACCESS -- SECTION 251(c)(3) 34
11.1 Available Network Elements 35
11.2 Unbundled Local Loop (ULL) Transmission Types 35
11.3 Network Interface Device 37
11.4 Unbundled Switching Elements 37
11.5 Interoffice Transmission Facilities 37
11.6 Operations Support Systems 37
11.7 Limitations on Unbundled Access 37
11.8 Availability of Other Network Elements on an Unbundled Basis 38
11.9 Provisioning of Unbundled Local Loops 39
11.10 Maintenance of Unbundled Local Loops 40
11.11 Rates and Charges 40
12.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1) 41
12.1 Availability of Retail Rates for Resale 41
12.2 Availability of Wholesale Rates for Resale 41
12.3 Availability of Support Services for Resale 41
12.4 Restrictions on Resale and Use of BA Services 41
13.0 COLLOCATION -- SECTION 251(c)(6) 42
14.0 NUMBER PORTABILITY -- SECTION 251(b)(2) 44
14.1 Scope 44
14.2 Procedures for Providing INP Through Remote Call Forwarding 44
14.3 Procedures for Providing INP Through Direct Inward Dial
Trunks (Flex-DID) 46
14.4 Procedures for Providing LTNP Through Full NXX Code Migration 46
14.5 Receipt of Terminating Compensation on Traffic to INP'ed Numbers 46
14.6 Recovery of INP Costs Pursuant to FCC Order and Rulemaking 47
15.0 DIALING PARITY -- SECTION 251(b)(3) 47
ii
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4) 48
17.0 DATABASES AND SIGNALING 48
18.0 COORDINATED SERVICE ARRANGEMENTS 50
18.1 Intercept and Referral Announcements 50
18.2 Coordinated Repair Calls 50
18.3 Customer Authorization 50
19.0 DIRECTORY SERVICES ARRANGEMENTS 51
19.1 Directory Listings and Directory Distributions 51
19.2 Yellow Pages Maintenance 53
19.3 Service Information Pages 53
19.4 Directory Assistance (DA); Call Completion 54
20.0 COORDINATION WITH TARIFF TERMS 54
21.0 INSURANCE 55
22.0 TERM AND TERMINATION 55
23.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 56
24.0 CANCELLATION CHARGES 56
25.0 INDEMNIFICATION 57
26.0 LIMITATION OF LIABILITY 57
27.0 PERFORMANCE STANDARDS FOR SPECIFIED ACTIVITIES 58
27.1 Performance Standards 58
27.2 Performance Reporting 58
27.3 Performance Remedies 59
28.0 COMPLIANCE WITH LAWS; REGULATORY APPROVAL 59
29.0 MISCELLANEOUS 60
29.1 Authorization 60
29.2 Independent Contractor 60
29.3 Force Majeure 61
29.4 Confidentiality 61
29.5 Choice of Law 62
29.6 Taxes 62
29.7 Assignment 65
iii
29.8 Billing and Payment; Disputed Amounts 65
29.9 Dispute Resolution 66
29.10 Notices 66
29.11 Section 252(i) Obligations 67
29.12 Joint Work Product 68
29.13 No Third Party Beneficiaries; Disclaimer of Agency 68
29.14 No License 69
29.15 Technology Upgrades 69
29.16 Survival 69
29.17 Entire Agreement 70
29.18 Counterparts 70
29.19 Modification, Amendment, Supplement or Waiver 70
29.20 Successors and Assigns 70
29.21 Publicity 70
LIST OF SCHEDULES AND EXHIBITS
Schedules
---------
Schedule 1.0 Deleted by Mutual Agreement of the Parties
Schedule 3.0 Initial Network Implementation Schedule
Schedule 4.0 Interconnection Points in LATA
Schedule 4.5 Interconnection Points for Different Types of Traffic
Schedule 6.3 Rate Elements Under Meet Point Billing
Schedule 11.3 Access to Network Interface Device
Schedule 11.4 Unbundled Switching Elements
Schedule 12.3 Support Services for Resale
Schedule 13.6 Non-Recurring Charge Installment Payment Option for Collocation
and Central Office Switch Dialing Plans
Schedule 27.0 Performance Monitoring Reports, Standards and Remedies
Exhibits
--------
Exhibit A Detailed Schedule of Itemized Charges
Exhibit B Network Element Bona Fide Request
Exhibit C Directory Assistance and Call Completion Services Agreement
Exhibit D IntraLATA Telecommunications Services Settlement Agreement
iv
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996, is effective as of the 5th day of June, 1998
(the "Effective Date"), by and between Xxxx Atlantic - Pennsylvania, Inc.
("BA"), a Pennsylvania corporation with offices at 0000 Xxxx Xxxxxx, 00xx Xxxxx,
Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, and ACI Corp. d/b/a Accelerated Connections,
Inc., a Delaware corporation with offices at 0000 Xxxxx Xxxxxx Xxxxxxx,
Xxxxxxxxx, Xxxxxxxx, 00000.
WHEREAS, BA and ACI (individually, a "Party" and collectively, the
"Parties") want to interconnect their networks at mutually agreed upon points
of interconnection to provide Telephone Exchange Services, Switched Exchange
Access Services, and other Telecommunications Services (all as defined below) to
their respective customers;
WHEREAS, the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Act (as defined below) and additional services as set forth
herein; and
WHEREAS, Sections 251 and 252 of the Telecommunications Act of 1996 have
specific requirements for interconnection, unbundling and service resale;
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, ACI and BA hereby agree as follows:
This Agreement sets forth the terms, conditions and pricing under which
BA and ACI (individually, a "Party" and collectively, the "Parties") will offer
and provide other network Interconnection, access to Network Elements,
ancillary services, and wholesale Telecommunications Services available for
resale within each LATA in which they both operate within Pennsylvania. This
Agreement also sets forth the terms, conditions and pricing under which ACI
agrees to offer and provide to BA network Interconnection. As such, this
Agreement is an integrated package that reflects compromises made by both
Parties. It will be submitted to the Pennsylvania Public Utility Commission,
and the Parties will specifically request that the Commission refrain from
taking any action to change, suspend or otherwise delay implementation of the
Agreement. So long as the Agreement remains in effect, neither Party shall
advocate before any legislative, regulatory, or other public forum that any term
of this Agreement be modified or eliminated, unless mutually agreed to by the
Parties.
1
1.0 DEFINITIONS.
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1. For convenience of reference only, the
following terms are defined for use in this Agreement. Terms that are defined
or explained in the Act (as defined below) shall have the meaning given them in
the Act. Where industry standard sources, such as Bellcore materials are
referenced in a definition, that definition shall incorporate any additional
explanations or standards set forth in those sources.
1.1 "Act" means the Communications Act of 1934 (47 U.S.C. 151 ET.
SEQ.), as amended by the Telecommunications Act of 1996, and as from time to
time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
1.2 "ADSL" or "Asymmetrical Digital Subscriber Line" means a
transmission technology which transmits an asymmetrical digital signal of up to
6 mbps to the Customer and up to 640 kbps from the Customer.
1.3 "Agreement" means this Interconnection Agreement under Sections
251 and 252 of the Act and all Exhibits, Schedules, addenda, and attachments
referenced herein and/or appended hereto.
1.4 "Ancillary Traffic," means all traffic that is destined for
ancillary services, or that may have special billing requirements, including but
not limited to the following: LSV/VCI, Directory Assistance, 911/E911, Operator
Services (IntraLATA call completion), IntraLATA third party, collect and calling
card, 800/888 database query, LIDB, and information services requiring special
billing.
1.5 "Applicable Laws" means all laws, regulations, and orders
applicable to each Party's performance of its obligations hereunder.
1.6 "As Defined in the Act" means as specifically defined by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
1.7 "As Described in the Act" means as described in or required by the
Act and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
1.8 "Automatic Number Identification" or "ANI" means a signaling
parameter which refers to the number transmitted through a network identifying
the billing number of the calling party.
1.8.A "Bona Fide Request" or "BFR" means the process described on
Exhibit B that prescribes the terms and conditions relating to a Party's request
that the other Party provide a BFR Item (as defined in Exhibit B) not otherwise
provided by the terms of this Agreement.
2
1.9 "Calling Party Number" or "CPN" is a Common Channel Signaling
("CCS") parameter which refers to the number transmitted through a network
identifying the calling party.
1.10 "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to:
(a) "End Office Switch" or "End Office" is a switching entity
that is used to terminate Customer station Loops for the purpose of
interconnection to each other and to trunks; and
(b) "Tandem Switch" or "Tandem Office" or "Tandem" is a
switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Office Switches and
between and among End Office Switches and carriers' aggregation points, points
of termination, or points of presence, and to provide Switched Exchange Access
Services.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
1.11 "CLASS Features" means certain CCS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace;
Caller Identification, and future offerings.
1.12 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in equipment necessary for
Interconnection or for access to Network Elements offered by the second Party on
an unbundled basis that has been installed and maintained at the premises of a
second Party (the "Housing Party"). For purposes of Collocation, the "premises"
of a Housing Party is limited to a Housing Party Wire Center, other mutually
agreed-upon locations of the Housing Party, or any other location for which
Collocation has been agreed to by the parties or ordered by the FCC or
Commission. Collocation may be "physical" or "virtual". In "Physical
Collocation," the Collocating Party installs and maintains its own equipment in
the Housing Party's premises. In "Virtual Collocation," the Housing Party owns,
installs, and maintains equipment dedicated to use by the Collocating Party in
the Housing Party's premises. BA currently provides Collocation under terms,
rates, and conditions as described in tariffs on file or soon to be filed with
the FCC and the Commission. Upon request by either Party, BA and ACI will
address the provision of additional types of Collocation arrangements, including
additional physical locations and alternative utilizations of space and
facilities.
1.13 "Commission" means the Pennsylvania Public Utility Commission.
1.14 "Common Channel Signaling" or "CCS" means a method of transmitting
call set-up and network control data over a digital signaling network separate
from the public switched
3
telephone network facilities that carry the actual voice or data traffic of the
call. "SS7" means the common channel out of band signaling protocol developed
by the Consultative Committee for International Telephone and Telegraph
("CCITT") and the American National Standards Institute ("ANSI"). BA and ACI
currently utilize this out-of-band signaling protocol. "CCSAC" or "CCSAS" means
the common channel signaling access connection or service, respectively, which
connects one Party's signaling point of interconnection ("SPOI") to the other
Party's STP for the exchange of SS7 messages.
1.15 "Competitive Local Exchange Carrier" or "CLEC" means any Local
Exchange Carrier other than BA, operating as such in BA's certificated territory
in Pennsylvania. ACI is a CLEC.
1.16 "Cross Connection" means a jumper cable or similar connection
provided pursuant to Collocation at the digital signal cross connect, Main
Distribution Frame or other suitable frame or panel between (i) the Collocating
Party's equipment and (ii) the equipment or facilities of the Housing Party.
1.17 "Customer" means a third-party residence or business end-user
subscriber to Telecommunications Services provided by either of the Parties.
Where appropriate in the context of a particular provision, a "subscriber" shall
include end users at remote subscriber locations whose telephone service is
billed to the subscriber, including but not limited to homes of the subscriber's
employees; provided, however, that in no event shall any interpretation of this
term change the classification of any traffic, whether from toll to local or
from intraLATA toll to interLATA toll, or otherwise.
1.17.A "Customer Proprietary Network Information" or "CPNI" is As Defined
in the Act.
1.18 "Dialing Parity" is As Defined in the Act.
1.19 "Digital Signal Level" means one of several transmission rates in
the time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level
signal in the time-division multiplex hierarchy.
1.21 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
1.22 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps
third-level in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS3 is defined as the third
level of multiplexing.
4
1.22A "Digital Subscriber Line", "DSL", and "xDSL" mean a family of
transmission technologies that transmit digital signal to and from the Customer
at varying speeds, both symmetrical and asymmetrical.
1.23 "Exchange Access" is As Defined in the Act.
1.24 "Exchange Message Record" or "EMR" means the standard used for
exchange of telecommunications message information among Local Exchange Carriers
for billable, non-billable, sample, settlement, and study data. EMR format is
contained in BR-010-200-010 XXXX Exchange Message Record, a Xxxx Communications
Research, Inc. ("Bellcore") document that defines industry standards for
Exchange Message Records.
1.25 "FCC" means the Federal Communications Commission.
1.26 "FCC Regulations" means Title 47 of the Code of Federal
Regulations, including but not limited to the amendments adopted in, and the
additional requirements of, the First Report and Order In the Matter of
Implementation of the Local Competition Provisions in the Telecommunications Act
of 1996 and Interconnection between Local Exchange and Commercial Mobile Radio
Service Providers, CC Docket Nos. 96-98 and 95-185, adopted on August 1, 1996
and released on August 8, 1996, and the Second Report and Order and Memorandum
Opinion and Order, CC Docket Nos. 96-98, 95-185, and 92-237, adopted and
released on August 8, 1996, as each may be amended, stayed, voided, repealed, or
supplemented from time to time.
1.27 "HDSL" or "High-Bit Rate Digital Subscriber Line" means a
transmission technology which transmits up to 784 kbps simultaneously in both
directions on a two-wire channel using a 2 Binary / 1 Quartenary ("2B1Q") line
code.
1.28 "Incumbent Local Exchange Carrier" or "ILEC" is As Defined in the
Act. For purposes of this Agreement, BA is an Incumbent Local Exchange Carrier.
1.29 "Independent Telephone Company" or "ITC" means any entity other
than BA which, with respect to its operations within the Commonwealth of
Pennsylvania, is an Incumbent Local Exchange Carrier.
1.30 "Information Service Traffic" means Local Traffic or IntraLATA
Toll Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform (E.G., 540, 550, 556, 846, 936, and 970).
1.30.A "Inside Wire" or "Inside Wiring" means all wire, cable, terminals,
hardware, and other equipment or materials on the Customer's side of the Rate
Demarcation Point.
5
1.31 "Integrated Digital Loop Carrier" or "IDLC" means a subscriber
loop carrier system which integrates within the switch at a DS1 level that is
twenty-four (24) loop transmission paths combined into a 1.544 Mbps digital
signal.
1.32. "Integrated Services Digital Network" or "ISDN" means a switched
network service providing end-to-end digital connectivity for the simultaneous
transmission of voice and data. Basic Rate Interface-ISDN ("BRI-ISDN") provides
for digital transmission of two 64 kbps bearer channels and one 16 kbps data and
signaling channel (2B+D). Primary Rate Interface-ISDN ("PRI-ISDN") provides for
digital transmission of twenty three (23) 64 kbps bearer channels and one (1) 64
kbps data and signaling channel (23 B+D).
1.33 "Interconnection" is As Described in the Act, and means the
connection of separate pieces of equipment or transmission facilities within,
between, or among networks. The architecture of Interconnection may include,
but is not limited to, Collocation Arrangements, entrance facilities, and
Mid-Span Meet arrangements.
1.34 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
1.35 "Interim Number Portability" or "INP" means the use of existing
and available call routing, forwarding, and addressing capabilities (E.G. remote
call forwarding) to enable a Customer to receive Telephone Exchange Service
provided by any Local Exchange Carrier operating within the exchange area with
which the Customer's telephone number(s) is associated, without having to change
the telephone number presently assigned to the Customer and regardless of
whether the Customer's chosen Local Exchange Carrier is the carrier that
originally assigned the number to the Customer.
1.36 "InterLATA" is As Defined in the Act.
1.37 "IntraLATA Toll Traffic" means those intraLATA calls that are not
defined as Local Traffic in this Agreement.
1.38 "Line Side" means an End Office Switch connection that provides
transmission, switching and optional features suitable for Customer connection
to the public switched network, including loop start supervision, ground start
supervision, and signaling for basic rate ISDN service.
1.39 "Line Status Verification" or "LSV" means an operator request for
a status check on the line of a called party. The request is made by one
Party's operator to an operator of the other Party. The verification of the
status check is provided to the requesting operator.
1.40 "Local Access and Transport Area" or "LATA" is As Defined in the
Act.
1.41 "Local Exchange Carrier" or "LEC" is As Defined in the Act. The
Parties to this Agreement are or will shortly become Local Exchange Carriers.
6
1.42 "Local Serving Wire Center" means a Wire Center that (i) serves
the area in which the other Party's or a third party's Wire Center, aggregation
point, point of termination, or point of presence is located, or any Wire Center
in the LATA in which the other Party's Wire Center, aggregation point, point of
termination or point of presence is located in which the other Party has
established a Collocation Arrangement or is purchasing an entrance facility, and
(ii) has the necessary multiplexing capabilities for providing transport
services.
1.43 "Local Telephone Number Portability" or "LTNP" means "number
portability" As Defined in the Act.
1.44 "Local Traffic," means traffic that is originated by a Customer of
one Party on that Party's network and terminates to a Customer of the other
Party on that other Party's network, within a given local calling area, or
expanded area service ("EAS") area, as defined in BA's effective Customer
tariffs, or, if the Commission has defined local calling areas applicable to all
LECs, then as so defined by the Commission.
1.45 "Main Distribution Frame" or "MDF" means the primary point at
which outside plant facilities terminate within a Wire Center, for
interconnection to other telecommunications facilities within the Wire Center.
1.46 "MECAB" means 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 Exchange Access service
provided by two or more LECs, or by one LEC in two or more states, within a
single LATA.
1.47 "MECOD" means 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 OBF. The
MECOD document, published by Bellcore as Special Report SR-STS-002643,
establishes methods for processing orders for Exchange Access service which is
to be provided by two or more LECs.
1.48 "Meet-Point Billing" or "MPB" means an arrangement whereby two or
more LECs jointly provide to a third party the transport element of a Switched
Exchange Access Service to one of the LECs' End Office Switches, with each LEC
receiving an appropriate share of the transport element revenues as defined by
their effective Exchange Access tariffs. "Meet-Point Billing Traffic" means
traffic that is subject to an effective Meet-Point Billing arrangement.
1.49 "Mid-Span Meet" means an Interconnection architecture whereby two
carriers' transmission facilities meet at a mutually agreed-upon point of
Interconnection utilizing a fiber
7
hand-off and, at the delivering carrier's option, may interface with such
carrier's collocated equipment to gain access to unbundled elements.
1.50 "Multiple Xxxx/Single Tariff" or "Multiple Xxxx/Multiple Tariff"
means the MPB method whereby each LEC prepares and renders its own meet point
xxxx in accordance with its own Tariff(s) for the portion of the
jointly-provided Switched Exchange Access Service which the LEC provides.
1.51 "Network Element" is As Defined in the Act.
1.52 "Network Interface Device" or "NID" means the BA-provided
interface terminating BA's telecommunications network on the property where the
Customer's service is located at a point determined by BA. The NID contains a
FCC Part 68 registered xxxx from which Inside Wire may be connected to BA's
network.
1.53 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States that also serves Canada, Bermuda, Puerto Rico and
certain Caribbean Islands. The NANP format is a 10-digit number that consists
of a 3-digit NPA code (commonly referred to as the area code), followed by a
3-digit NXX code and 4-digit line number.
1.54. "Numbering Plan Area" or "NPA" is also sometimes referred to as an
area code. There are two general categories of NPAs, "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, 500 and 888 are examples of Non-Geographic NPAs.
1.55 "NXX," "NXX Code," or "End Office Code" means the three digit
switch entity indicator (I.E. the first three digits of a seven digit telephone
number).
1.56 "Permanent Number Portability" or "PNP" means the use of a
database or other technical solution that comports with regulations issued by
the FCC to provide LTNP for all customers and service providers.
1.57 "Port Element" or "Port" means a line card (or equivalent) and
associated peripheral equipment on an End Office Switch which serves as the
Interconnection between individual loops or individual Customer trunks and the
switching components of an End Office Switch and the associated switching
functionality in that End Office Switch. Each Port is typically associated with
one (or more) telephone number(s) which serves as the Customer's network
address. The Port Element is part of the provision of unbundled local Switching
Element.
1.58 "Rate Center Area" or "Exchange Area" means the geographic area
that has been identified by a given LEC as being associated with a particular
NPA-NXX code assigned to the
8
LEC for its provision of Telephone Exchange Services. The Rate Center Area is
the exclusive geographic area which the LEC has identified as the area within
which it will provide Telephone Exchange Services bearing the particular NPA-NXX
designation associated with the specific Rate Center Area. A "Rate Center
Point" is a specific geographic point, defined by a V&H coordinate, located
within the Rate Center Area and used to measure distance for the purpose of
billing Customers for distance-sensitive Telephone Exchange Services and Toll
Traffic.
1.59 "Rate Demarcation Point" means the Minimum Point of Entry ("MPOE")
of the property or premises where the Customer's service is located as
determined by BA. This point is where network access recurring charges and BA
responsibility stop and beyond which Customer responsibility begins.
1.60 "Rating Point" or "Routing Point" means a specific geographic
point identified by a specific V&H coordinate. The Rating Point is used to
route inbound traffic to specified NPA-NXXs and to calculate mileage
measurements for distance-sensitive transport charges of switched access
services. Pursuant to Bellcore Practice BR-795-100-100, the Rating Point may be
an End Office location, or a "LEC Consortium Point of Interconnection."
Pursuant to that same Bellcore Practice, examples of the latter shall be
designated by a common language location identifier (CLLI) code with (x)KD in
positions 9, 10, 11, where (x) may be any alphanumeric A-Z or 0-9. The Rating
Point/Routing Point must be located within the LATA in which the corresponding
NPA-NXX is located. However, the Rating Point/Routing Point associated with
each NPA-NXX need not be the same as the corresponding Rate Center Point, nor
must it be located within the corresponding Rate Center Area, nor must there be
a unique and separate Rating Point corresponding to each unique and separate
Rate Center.
1.61 "Reciprocal Compensation" is As Described in the Act, and refers
to the payment arrangement set forth in subsection 5.7 below.
1.62 "Service Control Point" or "SCP" means the node in the common
channel 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 a service switching point and via a Signaling
Transfer Point, performs subscriber or application-specific service logic, and
then sends instructions back to the SSP on how to continue call processing.
1.63 "Signaling Transfer Point" or "STP" means a specialized switch
that provides SS7 network access and performs SS7 message routing and screening.
1.64 "Switched Access Detail Usage Data" means a category 1101XX record
as defined in the EMR Bellcore Practice BR-010-200-010.
1.65 "Switched Access Summary Usage Data" means a category 1150XX
record as defined in the EMR Bellcore Practice BR-010-200-010.
9
1.66 "Switched Exchange Access Service" means the offering of
transmission and switching services for the purpose of the origination or
termination of Toll Traffic. Switched Exchange Access Services include but may
not be limited to: Feature Group A, Feature Group B, Feature Group D, 700
access, 800 access, 888 access, and 900 access.
1.67 "Switching Element" is the unbundled Network Element that provides
a CLEC the ability to use switching functionality in a BA End Office switch,
including all vertical services that are available on that switch, to provide
Telephone Exchange Service to its end user customer(s). The Switching Element
will be provisioned with a Port Element, which provides line side access to the
Switching Element.
1.68 "Tariff" means any applicable federal or state tariff of a Party,
or standard agreement or other document that sets forth the generally available
terms and conditions, each as may be amended by the Party from time to time,
under which a Party offers a particular service, facility, or arrangement. A
Tariff shall not include BA's "Statement of Generally Available Terms and
Conditions for Interconnection, Unbundled Network Elements, Ancillary Services
and Resale of Telecommunications Services" which has been approved or is pending
approval by the Commission pursuant to Section 252(f) of the Communications Act
of 1934, 47 U.S.C. Section 252(f).
1.69 "Technically Feasible Point" is As Described in the Act.
1.70 "Telecommunications" is As Defined in the Act.
1.71 "Telecommunications Act" means the Telecommunications Act of 1996
and any rules and regulations promulgated thereunder.
1.72 "Telecommunications Carrier" is As Defined in the Act.
1.73 "Telecommunications Service" is As Defined in the Act.
1.74 "Telephone Exchange Service," sometimes also referred to as
"Exchange Service," is As Defined in the Act. Telephone Exchange Service
generally provides the Customer with a telephonic connection to, and a unique
telephone number address on, the public switched telecommunications network, and
enables such Customer to place or receive calls to all other stations on the
public switched telecommunications network.
1.75 [Reserved]
1.76 "Toll Traffic" means traffic that is originated by a Customer of
one Party on that Party's network and terminates to a Customer of the other
Party on that Party's network and is not Local Traffic or Ancillary Traffic.
Toll Traffic may be either "IntraLATA Toll Traffic" or "InterLATA Toll Traffic,"
depending on whether the originating and terminating points are within the same
LATA.
10
1.77 "Transit Traffic" means any traffic that originates from or
terminates at ACI's network, "transits" BA's network substantially unchanged,
and terminates to or originates from a third carrier's network, as the case may
be. "Transit Traffic Service" provides ACI with the ability to use its
connection to a BA Tandem for the delivery of calls which originate or terminate
with ACI and terminate to or originate from a carrier other than BA, such as
another CLEC, a LEC other than BA, or a wireless carrier. In these cases,
neither the originating nor terminating Customer is a Customer of BA. This
service is provided through BA's Tandems and applies only where the terminating
End Office of the third carrier subtends the BA Tandem. "Transit Traffic" and
"Transit Traffic Service" do not include or apply to traffic that is subject to
an effective Meet-Point Billing arrangement.
1.78 "Trunk Side" means a Central Office Switch connection that is
capable of, and has been programmed to treat the circuit as, connecting to
another switching entity (E.G. another carrier's network). Trunk Side
connections offer those transmission and signaling features appropriate for the
connection of switching entities.
1.79 "Unbundled Local Loop Element" or "ULL" means a transmission path
that extends from a Main Distribution Frame, DSX-panel, or functionally
comparable piece of equipment in the Customer's serving End Office to the Rate
Demarcation Point (or network interface device (NID) if installed) in or at a
Customer's premises. The actual loop transmission facilities used to provide an
ULL may utilize any of several technologies.
1.80 "Verification with Call Interruption" or "VCI" means a service
that may be requested and provided when Line Status Verification has determined
that a line is busy due to an ongoing call. VCI is an operator interruption of
that ongoing call to inform the called party that a calling party is seeking to
complete his or her call to the called party.
1.81 "Voice Grade" means either an analog signal of 300 to 3000 Hz or a
digital signal of 56/64 kilobits per second. When referring to digital voice
grade service (a 56/64 kbps channel), the terms "DS-0" or "sub-DS-1" may also be
used.
1.82 "Wire Center" means a building or portion thereof in which a Party
has the exclusive right of occupancy and which serves as a Routing Point for
Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION.
2.1 All references to Sections, Exhibits and Schedules shall be deemed
to be references to Sections of, and Exhibits and Schedules to, this Agreement
unless the context shall otherwise require. The headings used in this Agreement
are inserted for convenience of reference only and are not intended to be a part
of or to affect the meaning of this Agreement. Unless the context shall
otherwise require, any reference to any agreement, other instrument (including
BA or other third party offerings, guides or practices), statute, regulation,
rule or tariff is to such
11
agreement, instrument, statute, regulation, or rule or tariff as amended and
supplemented from time to time (and, in the case of a statute, regulation, rule
or tariff, to any successor provision).
2.2 Subject to the terms set forth in Section 20 regarding rates and
charges, each Party hereby incorporates by reference those provisions of its
tariffs that govern the provision of any of the services or facilities provided
hereunder. If any provision of this Agreement and an applicable tariff cannot
be reasonably construed or interpreted to avoid conflict, the provision
contained in this Agreement shall prevail, provided that in all cases the more
specific shall prevail over the more general. If any provision contained in
this main body of the Agreement and any Schedule or Exhibit hereto cannot be
reasonably construed or interpreted to avoid conflict, the provision contained
in this main body of the Agreement shall prevail. The fact that a condition,
right, obligation, or other term appears in this Agreement but not in any such
tariff shall not be interpreted as, or be deemed grounds for finding, a conflict
for purposes of this Section 2.
3.0 INTERCONNECTION ACTIVATION DATES AND IMPLEMENTATION SCHEDULE.
Subject to the terms and conditions of this Agreement, each Party
shall exercise its best efforts to adhere to the Interconnection Activation
Dates and Network Implementation Schedule set forth in Schedule 3.0, and to
provide fully operational service predominantly over its own Telephone
Exchange Service facilities to business and residential Customers as soon as
reasonably practicable following the achievement of the milestones in said
Schedule for each listed LATA in Pennsylvania. Schedule 3.0 may be revised
and supplemented from time to time upon the mutual agreement of the Parties
to reflect the intention of the Parties to interconnect in additional LATAs
pursuant to subsection 4.4 by attaching one or more supplementary schedules
to Schedule 3.0. The Parties agree that the performance of this Agreement
is in satisfaction of BA's obligation to provide Interconnection under
Section 251 of the Act. ACI represents that it is, or intends to become, a
provider of Telephone Exchange Service to residential and business
subscribers offered exclusively over its own Telephone Exchange Service
facilities or predominantly over its own Telephone Exchange Service
facilities in combination with the use of unbundled Network Elements
purchased from another entity and the resale of the Telecommunications
Services of other carriers.
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
The types of Traffic to be exchanged under this Agreement shall be Local
Traffic, IntraLATA Toll (and InterLATA Toll, as applicable) Traffic, Transit
Traffic, Meet Point Billing Traffic, and Ancillary Traffic. Subject to the
terms and conditions of this Agreement, Interconnection of the Parties
facilities and equipment for the transmission and routing of Local Traffic and
Toll Traffic pursuant to this Section 4 shall be established on or before the
corresponding "Interconnection Activation Date" shown for each such LATA within
Pennsylvania on Schedule 3.0 and in accordance with the standards set forth in
subsection 10.2.
12
Both Schedule 3.0 and Schedule 4.0 may be revised and supplemented from time to
time upon the mutual agreement of the Parties to reflect additional or changed
Interconnection Points in Pennsylvania by attaching one or more supplementary
addenda to such Schedule.
4.1 SCOPE
4.1.1 Section 4 describes the architecture for Interconnection of
the Parties' facilities and equipment over which the Parties shall configure the
following separate and distinct trunk groups, provided however, that this
provision does not require physically separate trunk groups:
TRAFFIC EXCHANGE TRUNKS for the transmission and routing of
terminating Local Traffic, Transit Traffic, translated LEC
IntraLATA 800/888 traffic, IntraLATA Toll Traffic, and, where
agreed to between the Parties and as set forth in subsection 4.2.8
below, InterLATA Toll Traffic between their respective Telephone
Exchange Service customers pursuant to Section 251 (c)(2) of the
Act, in accordance with Section 5 below;
ACCESS TOLL CONNECTING TRUNKS for the transmission and routing of
Exchange Access traffic, including translated InterLATA 800/888
traffic, between ACI Telephone Exchange Service customers and
purchasers of Switched Exchange Access Service via a BA Tandem,
pursuant to Section 251(c)(2) of the Act, in accordance with
Section 6 below;
INFORMATION SERVICES TRUNKS for the transmission and routing of
terminating Information Services Traffic in accordance with
Section 7 below;
LSV/VCI TRUNKS for the transmission and routing of terminating
LSV/VCI traffic, in accordance with Section 7 below;
911/E911 TRUNKS for the transmission and routing of terminating
E911/911 traffic, in accordance with Section 7 below;
DIRECTORY ASSISTANCE TRUNKS for the transmission and routing of
terminating directory assistance traffic, in accordance with
subsection 19.4 below; and
OPERATOR SERVICES (INTRALATA CALL COMPLETION) TRUNKS for the
transmission and routing of terminating IntraLATA call completion
traffic, in accordance with subsection 19.4 below.
CHOKE TRUNKS for traffic congestion and testing.
4.1.2 Consistent with Section 251 of the Act, this Agreement
provides for Interconnection to each other's networks at technically feasible
points. For the purposes of this
13
Agreement, the Parties agree that Interconnection for the transport and
termination of traffic may take place, in the case of BA, at a terminating End
Office, a Tandem, a Local Serving Wire Center and/or other points as specified
herein, and, in the case of ACI, at a Central Office and/or other points as
specified herein, and, in the case of both Parties, any mutually agreed-upon
Mid-Span Meet arrangement as provided in Section 4.3 below. For purposes of
Interconnection, if ACI delivers traffic to BA at a BA End Office or Tandem
point of Interconnection other than the terminating End Office or Tandem
subtended by the terminating End Office, then such point of Interconnection
shall be deemed to be a Local Serving Wire Center. In such instances and
whenever ACI utilizes a Local Serving Wire Center as point of Interconnection,
ACI shall designate that such traffic be transported via a separate trunk group
to the BA Tandem that is subtended by the applicable terminating End Office. In
such cases, the BA Tandem subtended by the terminating End Office will serve as
the BA-IP (as defined below). The Parties further agree that they will work
together in good faith to establish, via the Bona Fide request process, or such
other process as the Parties agree on, additional technically feasible points of
interconnection other than those specifically set forth in this Agreement, to
exchange traffic pursuant to this Section 4.0.
4.1.3 The Parties shall establish interconnection points
(collectively, the "Interconnection Points" or "IPs") at the available locations
designated in Schedule 4.0. The mutually agreed-upon IPs on the ACI network at
which ACI will provide transport and termination of traffic shall be designated
as the ACI Interconnection Points ("ACI-IPs"); the mutually agreed-upon IPs on
the BA network shall be designated as the BA Interconnection Points ("BA-IPs")
and shall be either a BA terminating End Office or Tandem.
4.1.4 In the event either Party fails to make available a
geographically relevant End Office or functional equivalent as an IP on its
network to the other Party, the other Party may, at any time, request that the
first Party establish such additional technically feasible IP(s). Such requests
shall be made as a part of the Joint Process established pursuant to subsection
10.1; provided, however, that the Parties shall commence negotiations to
determine the technically feasible and geographically relevant location(s) of
the additional IP(s) as soon as reasonably practicable following a Party's
request therefor. If, after sixty (60) days following said request, the Parties
have been unable to reach agreement on the additional Interconnection Points,
then either Party may file a complaint with the Commission to resolve such
impasse or pursue with any other remedy available under law or equity. For
purposes of this subsection 4.1.4, a "geographically relevant" IP shall mean an
IP that is located within the BA local calling area of equivalent BA end user
customers, but no greater than twenty five (25) miles from the BA Rate Center
Point of the BA NXX serving the equivalent relevant end user customers, or, with
the mutual agreement of the Parties, an existing and currently utilized IP
within the LATA but outside the foregoing BA local calling area and/or twenty
five (25) mile radius. "Equivalent" customers shall mean customers served by
either Party at the same physical location.
4.1.5 In recognition of the large number and variety of BA-IPs
available for use by ACI, ACI's ability to select from among those points to
minimize the amount of transport it needs to provide or purchase, and the fewer
number of ACI-IPs available to BA to select from
14
for similar purposes, and as an express condition of BA's making its LSWCs
available to ACI as points of Interconnection pursuant to subsection 4.1.2
above, ACI shall charge BA no more than ACI's Tariffed non-distance sensitive
entrance facility charge for the transport of traffic from a BA-IP to a ACI-IP
in any given LATA. The Parties may by mutual agreement establish additional
Interconnection Points at any technically feasible points consistent with the
Act.
4.1.6 The Parties shall configure separate trunk groups (as
described in subsection 4.1.1 above) for traffic from ACI to BA, and for traffic
from BA to ACI, respectively; however, the trunk groups shall be equipped as
two-way trunks for testing purposes. As provided in Section 10 below, the
Parties agree to consider as part of the Joint Process the feasibility of
combining any of the separate trunk groups into a single two-way trunk group.
4.2 PHYSICAL ARCHITECTURES
4.2.1 In each LATA identified in Schedule 4.0, the Parties shall
utilize the ACI-IP(s) and BA-IP(s) designated in such Schedule as the points
from which each Party will provide the transport and termination of traffic.
4.2.2 ACI shall have the sole right and discretion to specify any
of the following methods for interconnection at any of the BA-IPs:
(a) a Physical or Virtual Collocation facility ACI establishes
at the BA-IP;
(b) a Physical or Virtual Collocation facility established
separately at the BA-IP by a third party with whom ACI has
contracted for such purposes; and/or
(c) an entrance facility, either copper or fiber, or fiber, at
ACI's request and as mutually agreed, and transport (where
applicable) leased from BA (and any necessary multiplexing), where
such facility extends to the BA-IP from a mutually agreed to point
on ACI's network.
4.2.3 ACI shall provide its own facilities or purchase necessary
transport for the delivery of traffic to any Collocation arrangement it
establishes at a BA-IP pursuant to Section 13. BA shall provide the transport
and termination of the traffic beyond the BA-IP.
4.2.4 ACI may order from BA any of the Interconnection methods
specified above in accordance with the order intervals and other terms and
conditions, including, without limitation, rates and charges, set forth in this
Agreement, in any applicable Tariff(s), or as may be subsequently agreed to
between the Parties.
4.2.5 BA shall have the sole right and discretion to specify any
one of the following methods for Interconnection at any of the ACI-IPs:
15
(a) upon reasonable notice to ACI, a Physical Collocation
facility BA establishes at the ACI-IP;
(b) a Physical or Virtual Collocation facility established
separately at the ACI-IP by a third party with whom BA has
contracted for such purposes; and/or
(c) an entrance facility leased from ACI (and any necessary
multiplexing), where such facility extends to the ACI-IP from a
mutually agreed upon point on BA's network.
4.2.6 BA shall provide its own facilities or purchase necessary
transport for the delivery of traffic to any Collocation arrangement it
establishes at an ACI-IP pursuant to Section 13. ACI shall provide the
transport and termination of the traffic beyond the ACI-IP.
4.2.7 BA may order from ACI any of the Interconnection methods
specified above in accordance with the order intervals and other terms and
conditions, including, without limitation, rates and charges, set forth in this
Agreement, in any applicable Tariff(s), or as may be subsequently agreed to
between the Parties.
4.2.8 Under any of the architectures described in this subsection
4.2, either Party may utilize the Traffic Exchange Trunks for the termination of
InterLATA Toll Traffic in accordance with the terms contained in Section 5 below
and pursuant to the other Party's Switched Exchange Access Service tariffs. The
other Party's Switched Exchange Access Service rates shall apply to such
Traffic.
4.3 MID-SPAN MEETS
4.3.1 In addition to the foregoing methods of Interconnection,
the Parties may agree, at either Party's request at any time, to establish (i) a
Mid-Span Meet arrangement in accordance with the terms of this subsection 4.3
that utilizes either wireless or wireline transmission facilities, or a
combination of both, or (ii) a SONET backbone with an electrical interface at
the DS-3 level where and on the same terms BA offers such SONET services to
other carriers. In the event the Parties agree to adopt a Mid-Span Meet
arrangement that utilizes both wireless and wireline facilities, ACI agrees to
bear all expenses associated with the purchase of equipment, materials, or
services necessary to facilitate a wireless to wireline meet up to and including
the optical to electrical multiplexer necessary to effect a fiber hand-off to
BA.
4.3.2 The establishment of any Mid-Span Meet arrangement is
expressly conditioned upon the Parties' reaching prior agreement on appropriate
sizing and forecasting, equipment, ordering, provisioning, maintenance, repair,
testing, augment, and compensation procedures and arrangements, reasonable
distance limitations, and on any other arrangements necessary to implement the
Mid-Span Meet arrangement. Any Mid-Span Meet arrangement requested at a
third-party premises is expressly conditioned on the Parties' having sufficient
capacity at the requested location to meet such request, on unrestricted 24-hour
access for both
16
Parties to the requested location, on other appropriate protections as deemed
necessary by either Party, and on an appropriate commitment that such access and
other arrangements may not be restricted for a reasonable period.
4.3.3 Mid-Span Meet arrangements shall be used only for the termination
of Local Traffic and IntraLATA Toll Traffic unless and until such time as the
Parties have agreed to appropriate compensation arrangements relating to the
exchange of other types of traffic over such Mid-Span Meet, and only where
facilities are available. Any agreement to access unbundled Network Elements
via a Mid-Span Meet arrangement shall be conditioned on the resolution of the
technical and other issues described in this subsection 4.3, resolution by the
joint operations team of additional issues (such as inventory and testing
procedures unique to the provision of unbundled Network Elements via a Mid-Span
Meet), and, as necessary, completion of a joint operational and technical test.
In addition, access to unbundled Network Elements via a Mid-Span Meet
arrangement for access to such Elements, shall be limited to that which is
required by Applicable Laws, and shall be subject to full compensation of all
relevant costs (as defined in the FCC Regulations) by the requesting Party to
the other Party.
4.4 INTERCONNECTION IN ADDITIONAL LATAS
4.4.1 If ACI determines to offer Telephone Exchange Services in
any LATA not listed in Schedule 3.0 in which BA also offers Telephone Exchange
Services, ACI shall provide written notice to BA of the need to establish
Interconnection in such LATA pursuant to this Agreement.
4.4.2 The notice provided in subsection 4.4.1 shall include (i)
the initial Routing Point ACI has designated in the new LATA; (ii) ACI's
requested Interconnection Activation Date (and related milestone dates in
accordance with the format in Schedule 3.0); and (iii) a non-binding forecast of
ACI's trunking requirements.
4.4.3 Unless otherwise agreed to by the Parties, the Parties
shall designate the Wire Center(s) ACI has identified as its initial Routing
Point(s) in the LATA as the ACI-IP(s) in that LATA and shall designate mutually
agreed upon BA Local Serving Wire Center(s) that houses a Tandem Office within
the LATA nearest to the ACI-IP (as measured in airline miles utilizing the V&H
coordinates method) as the BA-IP(s) in that LATA, provided that, for the purpose
of charging for the transport of traffic from the BA-IP to the ACI-IP, the
ACI-IP shall be no further than an entrance facility away from the BA-IP.
4.4.4 The Parties shall agree upon an addendum to Schedule 3.0 to
reflect the schedule applicable to each new LATA requested by ACI; provided,
however, that unless agreed by the Parties, the Interconnection Activation Date
in a new LATA shall not be earlier than forty-five (45) days after receipt by BA
of all complete and accurate trunk orders and routing information. Within ten
(10) business days of BA's receipt of ACI's notice, BA and ACI shall confirm the
BA-IP, the ACI-IP and the Interconnection Activation Date for the new LATA by
attaching an addendum to Schedule 3.0.
17
4.5 INTERCONNECTION POINTS FOR DIFFERENT TYPES OF TRAFFIC
Each Party shall make available Interconnection Points and facilities for
routing of traffic from those Interconnection Points as designated in Schedule
4.5. Any additional traffic that is not covered in Schedule 4.5 shall be
subject to separate negotiations between the Parties, except that (i) either
Party may deliver traffic of any type or character to the other Party for
termination as long as the delivering Party pays the receiving Party's then
current Switched Exchange Access rates for such traffic, and (ii) upon a BONA
FIDE request from either Party, the Parties will exercise all reasonable efforts
to conclude an agreement covering the exchange of such traffic.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT
TO SECTION 251(c)(2)
5.1 SCOPE OF TRAFFIC
Section 5 prescribes parameters for trunk groups (the "Traffic Exchange
Trunks") to be effected over the Interconnections specified in Section 4 for the
transmission and routing of Local Traffic, Transit Traffic, translated LEC
IntraLATA 800/888 traffic, InterLATA Toll Traffic (to the extent applicable),
and IntraLATA Toll Traffic between the Parties' respective Telephone Exchange
Service Customers.
5.2 TRUNK GROUP CONNECTIONS AND ORDERING
5.2.1 Traffic Exchange Trunk group connections will be made at a
DS-1 level or higher. Higher speed connections shall be made, when and where
available, in accordance with the Joint Implementation and Grooming Process
prescribed in Section 10. Ancillary Traffic trunk groups may be made below a
DS-1 level, as may be agreed to by the Parties.
5.2.2 Each Party will identify its Carrier Identification Code, a
three or four digit numeric obtained from Bellcore, to the other Party when
ordering a trunk group.
5.3 ADDITIONAL SWITCHING SYSTEM HIERARCHY AND TRUNKING REQUIREMENTS
For purposes of routing ACI traffic to BA, the subtending arrangements
between BA Tandem Switches and BA End Office Switches shall be the same as the
Tandem/End Office subtending arrangements BA maintains for the routing of its
own or other carriers' traffic. For purposes of routing BA traffic to ACI, the
subtending arrangements between ACI Tandem Switches (or functional equivalent)
and ACI End Office Switches (or functional equivalent) shall be the same as the
Tandem/End Office subtending arrangements (or functional equivalent) which ACI
maintains for the routing of its own or other carriers' traffic.
5.4 SIGNALING
18
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions contained in Section 17 below.
5.5 GRADES OF SERVICE
The Parties shall initially engineer and shall jointly monitor and
enhance all trunk groups consistent with the Joint Implementation and Grooming
Process as set forth in Section 10.
5.6 MEASUREMENT AND BILLING
5.6.1 For billing purposes, each Party shall pass Calling Party
Number ("CPN") information on each call carried over the Traffic Exchange Trunks
at such time as the originating switch is equipped for SS7 and from all switches
no later than December 31, 1998. At such time as either Party has the ability,
as the Party receiving the traffic, to use such CPN information to classify on
an automated basis traffic delivered by the other Party as either Local Traffic
or Toll Traffic, such receiving Party shall xxxx the originating Party the Local
Traffic termination rates, Intrastate Exchange Access rates, or Interstate
Exchange Access rates applicable to each minute of Traffic for which CPN is
passed, as provided in Exhibit A and applicable Tariffs.
5.6.2 If, under the circumstances set forth in subsection 5.6.1,
the originating Party does not pass CPN on up to ten percent (10%) of calls, the
receiving Party shall xxxx the originating Party the Local Traffic termination
rates, Intrastate Exchange Access rates, Intrastate/Interstate Transit Traffic
rates, or Interstate Exchange Access rates applicable to each minute of traffic,
as provided in Exhibit A and applicable Tariffs, for which CPN is passed. For
the remaining up to ten percent (10%) of calls without CPN information, the
receiving Party shall xxxx the originating Party for such traffic as Local
Traffic termination rates, Intrastate Exchange Access rates,
Intrastate/Interstate Transit Traffic rates, or Interstate Exchange Access rates
applicable to each minute of traffic, as provided in Exhibit A and applicable
Tariffs, in direct proportion to the minutes of use of calls passed with CPN
information.
5.6.3 If the originating Party does not pass CPN on more than ten
percent (10%) of calls, or if the receiving Party lacks the ability to use CPN
information to classify on an automated basis traffic delivered by the other
Party as either Local Traffic or Toll Traffic, and the originating Party chooses
to combine Local and Toll Traffic on the same trunk group, it will supply an
auditable Percent Local Use ("PLU") report quarterly, based on the previous
three months' traffic, and applicable to the following three months. If the
originating Party also chooses to combine Interstate and Intrastate Toll Traffic
on the same trunk group, it will supply an auditable Percent Interstate Use
("PIU") report quarterly, based on the previous three months' terminating
traffic, and applicable to the following three months. In lieu of the foregoing
PLU and/or PIU reports, the Parties may agree to provide and accept reasonable
surrogate measures for an agreed-upon interim period.
19
5.6.4 Measurement of billing minutes for purposes of determining
terminating compensation shall be in conversation seconds.
5.7 RECIPROCAL COMPENSATION ARRANGEMENTS -- SECTION 251(b)(5)
Reciprocal Compensation arrangements address the transport and
termination of Local Traffic. BA's delivery of Traffic to ACI that originated
with a third carrier is addressed in subsection 7.3. Where ACI delivers Traffic
(other than Local Traffic) to BA, except as may be set forth herein or
subsequently agreed to by the Parties, ACI shall pay BA the same amount that
such carrier would have paid BA for termination of that Traffic at the location
the Traffic is delivered to BA by ACI. Compensation for the transport and
termination of traffic not specifically addressed in this subsection 5.7 shall
be as provided elsewhere in this Agreement, or if not so provided, as required
by the Tariffs of the Party transporting and/or terminating the traffic. BA
shall provide notice to ACI of any BA filing to the Commission that would alter
the classification of particular traffic as Local or IntraLATA Toll Traffic.
5.7.1 Nothing in this Agreement shall be construed to limit
either Party's ability to designate the areas within which that Party's
Customers may make calls which that Party rates as "local" in its Customer
Tariffs.
5.7.2 The Parties shall compensate each other for the transport
and termination of Local Traffic in an equal and symmetrical manner at the rates
provided in the Detailed Schedule of Itemized Charges (Exhibit A hereto), as may
be amended from time to time in accordance with Exhibit A and subsection 20.1.2
below or, if not set forth therein, in the applicable Tariff(s) of the
terminating Party, as the case may be. These rates are to be applied at the
ACI-IP for traffic delivered by BA, and at the BA-IP for traffic delivered by
ACI. No additional charges, including port or transport charges, shall apply
for the termination of Local Traffic delivered to the BA-IP or the ACI-IP,
except as set forth in Exhibit A. When Local Traffic is terminated over the
same trunks as Toll Traffic, any port or transport or other applicable access
charges related to the Toll Traffic shall be prorated to be applied only to the
Toll Traffic.
5.7.3 The Parties disagree as to whether traffic that originates
on one Party's network and is transmitted to an Internet Service Provider
("ISP") constitutes Local Traffic as defined herein. The issue of whether such
traffic constitutes Local on which reciprocal compensation must be paid pursuant
to the Act may be considered by the Commission and is presently before the FCC
in CCB/CPD 97-30. The Parties agree that the decision of the FCC in that
proceeding shall determine whether such traffic is Local Traffic (as defined
herein). Absent an FCC determination, any Commission ruling on this issue shall
be controlling. If the FCC determines that ISP Traffic is Local Traffic, as
defined herein, it shall be compensated as Local Traffic under this Agreement.
If the FCC or court of competent jurisdiction determines that ISP Traffic is not
Local Traffic, as defined herein, and such decision preempts inconsistent state
rulings, the Parties will agree upon appropriate treatment of said traffic for
compensation purposes; if the Parties are unable to agree upon an appropriate
treatment, either Party may apply to the Commission for a decision on such
issue.
20
5.7.4 Compensation for transport and termination of all Traffic
which has been subject to performance of INP by one Party for the other Party
pursuant to Section 14 shall be as specified in subsection 14.5.
5.7.5 The designation of Traffic as Local or non-Local for
purposes of compensation shall be based on the actual originating and
terminating points of the complete end-to-end call, regardless of the entities
involved in carrying any segment of the call.
5.7.6 Each Party reserves the right to measure and audit all
Traffic, up to a maximum of two audits per calendar year, to ensure that proper
rates are being applied appropriately, provided, however, that either Party
shall have the right to conduct additional audit(s) if the preceding audit
disclosed material errors or discrepancies. Each Party agrees to provide the
necessary Traffic data or permit the other Party's recording equipment to be
installed for sampling purposes in conjunction with any such audit.
5.7.7 The Parties will engage in settlements of intraLATA
intrastate alternate-billed calls (E.G. collect, calling card, and third-party
billed calls) originated or authorized by their respective Customers in
Pennsylvania in accordance with the terms of an appropriate IntraLATA
Telecommunications Services Settlement Agreement between the Parties
substantially in the form appended hereto as Exhibit D.
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO 251(c)(2)
6.1 SCOPE OF TRAFFIC
Section 6 prescribes parameters for certain trunks to be established over
the Interconnections specified in Section 4 for the transmission and routing of
traffic between ACI Telephone Exchange Service Customers and Interexchange
Carriers ("Access Toll Connecting Trunks"), in any case where ACI elects to have
its End Office Switch subtend a BA Tandem. This includes casually-dialed (10XXX
and 101XXXX) traffic.
6.2 TRUNK GROUP ARCHITECTURE AND TRAFFIC ROUTING
6.2.1 ACI shall establish Access Toll Connecting Trunks by which
it will provide tandem-transported Switched Exchange Access Services to
Interexchange Carriers to enable such Interexchange Carriers to originate and
terminate traffic to and from ACI's Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow ACI's Customers to connect
to or be connected to the interexchange trunks of any Interexchange Carrier
which is connected to a BA Tandem.
21
6.2.3 The Access Toll Connecting Trunks shall be two-way trunks
connecting an End Office Switch ACI utilizes to provide Telephone Exchange
Service and Switched Exchange Access in a given LATA to a Tandem BA utilizes to
provide Exchange Access in such LATA.
6.2.4 The Parties shall jointly determine which BA Tandem(s) will
be subtended by each ACI End Office Switch. ACI's End Office switch shall
subtend the BA Tandem that would have served the same rate center on BA's
network. Alternative configurations will be discussed as part of the Joint
Implementation and Grooming Process.
6.3 MEET-POINT BILLING ARRANGEMENTS
6.3.1 ACI and BA will establish Meet-Point Billing arrangements
in order to provide a common transport option to Switched Access Services
Customers via a Tandem Switch in accordance with the Meet-Point Billing
guidelines contained in the OBF's MECAB and MECOD documents, except as modified
herein, and BA's Pennsylvania Tariff Number 302, Section 2.4.7. The
arrangements described in this Section 6 are intended to be used to provide
Switched Exchange Access Service that originates and/or terminates on a
Telephone Exchange Service that is provided by either Party, where the transport
component of the Switched Exchange Access Service is routed through a Tandem
Switch that is provided by BA.
6.3.2 In each LATA, the Parties shall establish MPB arrangements
between the applicable Rating Point/BA Local Serving Wire Center combinations.
6.3.3 Interconnection for the MPB arrangement shall occur at the
BA-IP in the LATA, unless otherwise agreed to by the Parties.
6.3.4 ACI and BA will use reasonable efforts, individually and
collectively, to maintain provisions in their respective state access tariffs,
and/or provisions within the National Exchange Carrier Association ("NECA")
tariff No. 4, or any successor Tariff sufficient to reflect the MPB arrangements
established pursuant to this Agreement.
6.3.5 Each Party shall implement the "Multiple Xxxx/Single
Tariff" or "Multiple Xxxx/Multiple Tariff" option, as appropriate, in order to
xxxx an IXC for the portion of the jointly provided telecommunications service
provided by that Party.
6.3.6 The rate elements to be billed by each Party are as set
forth in Schedule 6.3. The actual rate values for each Party's affected access
service rate element shall be the rates contained in that Party's own effective
federal and state access tariffs, or other document that contains the terms
under which that Party's access services are offered. The MPB billing
percentages for each Rating Point/BA Local Serving Wire Center combination shall
be calculated in accordance with the formula set forth in subsection 6.3.17
below.
6.3.7 Each Party shall provide the other Party with the billing
name, billing address, and Carrier Identification Code ("CIC") of the IXC, and
identification of the IXC's Local Serving
22
Wire Center in order to comply with the MPB notification process as outlined in
the MECAB document via facsimile or such other media as the Parties may agree
to.
6.3.8 BA shall provide ACI with the Switched Access Detail Usage
Data (category 1101XX records) on magnetic tape or via such other media as the
Parties may agree to, no later than ten (10) business days after the date the
usage occurred.
6.3.9 ACI shall provide BA with the Switched Access Summary Usage
Data (category 1150XX records) on magnetic tape or via such other media as the
Parties may agree, no later than ten (10) business days after the date of its
rendering of the xxxx to the relevant IXC, which xxxx shall be rendered no less
frequently than monthly.
6.3.10 All usage data to be provided pursuant to subsections
6.3.8 and 6.3.9 above shall be sent to the following addresses:
To ACI: ACI Corp.
c/o Xxx X'Xxxxxx
0000 Xxxxx Xxxxxx Xxxxxxx
Xxxxxxxxx, XX 00000
To BA: Xxxx Atlantic
Tape Library
0000 Xxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
Either Party may change its address for receiving usage data by notifying the
other Party in writing.
6.3.11 Each Party shall coordinate and exchange the billing
account reference ("BAR") and billing account cross reference ("BACR") numbers
or Operating Company Number ("OCN"), as appropriate, for the MPB Service. Each
Party shall notify the other if the level of billing or other BAR/BACR elements
change, resulting in a new BAR/BACR number, or if the OCN changes.
6.3.12 Errors may be discovered by ACI, the IXC or BA. Each
Party agrees to provide the other Party with notification of any errors it
discovers within two (2) business days of the date of such discovery. In the
event of a loss of data, both Parties shall cooperate to reconstruct the lost
data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
6.3.13 Either Party may request a review or audit of the various
components of access recording up to a maximum of two (2) audits per calendar
year. All costs associated with each review and audit shall be borne by the
requesting Party. Such review or audit shall be conducted subject to
confidentiality protection and during regular business hours. A Party may
23
conduct additional audits, at its expense, upon the other Party's consent, which
consent shall not be unreasonably withheld.
6.3.14 Nothing contained in this subsection 6.3 shall create any
liability for damages, losses, claims, costs, injuries, expenses or other
liabilities whatsoever on the part of either Party (other than as may be set
forth in MECAB or in any applicable Tariff).
6.3.15 The Parties shall not charge one another for the services
rendered or information provided pursuant to this subsection 6.3.
6.3.16 MPB will apply for all traffic bearing the 500, 900,
800/888 (to the extent provided by an IXC) or any other non-geographic NPA which
may be likewise designated for such traffic in the future.
6.3.17 In the event ACI determines to offer Telephone Exchange
Services in another LATA in which BA operates a Tandem Switch, BA shall permit
and enable ACI to subtend the BA Tandem Switch(es) designated for the BA End
Offices in the area where the ACI Rating Point(s) associated with the NPA-NXX(s)
to/from which the Switched Exchange Access Services are homed. The MPB billing
percentages for each new Rating Point/BA Local Serving Wire Center combination
shall be calculated according to the following formula:
a / (a + b) = ACI Billing Percentage
and
b / (a + b) = BA Billing Percentage
WHERE:
a = the airline mileage between the Rating Point and the
actual point of interconnection for the MPB arrangement; and
b = the airline mileage between the BA Local Serving Wire
Center and the actual point of interconnection for the MPB
arrangement.
ACI shall inform BA of the LATA in which it intends to offer Telephone Exchange
Services and its calculation of the billing percentages which should apply for
such arrangement, as part of the notice required by subsection 4.4.1 above.
Within ten (10) business days of ACI's delivery of notice to BA, BA and ACI
shall confirm the new Rating Point/BA Local Serving Wire Center combination and
billing percentages. Nothing in this subsection 6.3.17 shall be construed to
limit ACI's ability to select to interconnect with BA in additional LATAs by
means of Interconnection at a Local Serving Wire Center, to the extent that such
Interconnection is permitted under this Agreement.
6.3.18 Within thirty (30) days of a request by ACI, BA agrees to
notify all switched access users with a Carrier Identification Code in a LATA in
which the Parties have newly
24
established Interconnection arrangements pursuant to this Agreement that BA and
ACI have entered in a Meet Point Billing arrangement.
6.4 800/888 TRAFFIC
The following terms shall apply when either Party delivers 800/888 calls
to the other Party for completion.
6.4.1 When ACI delivers translated 800/888 calls to BA for
completion
(a) to an IXC, ACI shall:
(i) Provide a MPB record in an industry standard format
to BA; and
(ii) Xxxx the IXC the appropriate ACI query charge
associated with the call.
(b) as an IntraLATA call to BA or another LEC in the LATA, ACI
shall:
(i) Provide a copy record in an industry standard format
to BA or the terminating LEC;
(ii) Submit the call records to ITORP for payment by BA
or the LEC that is the 800/888 service provider of ACI's and any
intermediate LEC's Tariffed Exchange Access charges and query
charges.
6.4.2 When BA delivers translated 800/888 calls originated by
BA's or another LEC's Customers to ACI for completion
(a) to ACI in its capacity as an IXC, BA shall:
(i) Xxxx ACI the appropriate BA query charge associated
with the call; and
(ii) Xxxx ACI the appropriate FGD Exchange Access charges
associated with the call.
(b) as an IntraLATA call to ACI in its capacity as a LEC,
(i) the originating LEC shall submit the appropriate
call records to BA for processing under the IntraLATA Toll
Originating Responsibility Plan ("ITORP") for payment by ACI of
BA's (and another LEC's, if appropriate) tariffed Exchange Access
charges; and
25
(ii) ACI shall pay the originating LEC's appropriate
query charge associated with the call.
6.4.3 The settlement of all IntraLATA 800/888 calls exchanged
pursuant to this subsection 6.4 shall be in accordance with the terms of an
appropriate IntraLATA Telecommunications Services Settlement Agreement between
the Parties substantially in the form appended hereto as Exhibit D.
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 INFORMATION SERVICES TRAFFIC
The following provisions shall apply only to ACI-originated Information
Services Traffic directed to an information services platform connected to BA's
network. At such time as ACI connects Information Services platforms to its
network, the Parties shall agree upon a comparable arrangement for BA-originated
Information Services Traffic.
7.1.1 ACI shall have the option to route Information Services
Traffic that originates on its own network to the appropriate information
services platform(s) connected to BA's network. In the event ACI exercises such
option, ACI will establish a dedicated trunk group to the BA information
services serving switch. This trunk group will be utilized to allow ACI to
route information service traffic originated on its network to BA.
7.1.2 ACI shall provide an electronic file transfer or monthly
magnetic tape containing recorded call detail information to BA.
7.1.3 BA shall provide to ACI via electronic file transfer or
magnetic tape or other means as available all necessary information to rate the
Information Services Traffic to ACI's Customers pursuant to the BA's agreements
with each information services provider. Information shall be provided in as
timely a fashion as practical in order to facilitate record review and reflect
actual prices set by the individual information services providers.
7.1.4 ACI shall xxxx and collect such information services
provider charges and remit the amounts collected to BA less:
(a) The Information Services Billing and Collection fee set
forth in Exhibit A; and
(b) An uncollectibles reserve calculated based on the
uncollectibles reserve in BA's billing and collection agreement with the
applicable information services provider; and
(c) Customer adjustments provided by ACI.
26
ACI shall provide to BA sufficient information regarding uncollectibles
and Customer adjustments to allow BA to pass through the adjustments to the
information services provider, and BA shall pass through such adjustments.
However, if the information services provider disputes such adjustments and
refuses to accept such adjustments, ACI shall reimburse BA for all such disputed
adjustments. Final resolution regarding all disputed adjustments shall be
solely between ACI and the information services provider.
7.1.5 Nothing in this Agreement shall restrict either Party from
offering, or obviate either Party's obligations, if any, under Applicable Laws
to offer, to its Telephone Exchange Service Customers the ability to block the
completion of Information Service Traffic or from establishing such blocking as
the default and requiring that such Customers make an affirmative request to
remove the blocking.
7.1.6 To the extent either Party offers variable rated (E.G. 976,
554, and/or 915, as applicable) information services, the Parties may agree to
separate arrangements for the billing and compensation of such services.
7.1.7 The Information Services Traffic addressed herein does not
include 555 traffic or similar traffic with AIN service interfaces, which
traffic shall be subject to separate arrangements between the Parties.
7.2 LSV/VCI TRAFFIC
7.2.1 If Party A decides or is required by a regulatory body of
competent jurisdiction to offer LSV and VCI services to enable its Customers to
verify and/or interrupt calls of Party B's Customers, Party B shall accept and
respond to LSV and VCI requests from the operator bureau of the Party A. Each
Party shall compensate the other Party for LSV and VCI inquiries in accordance
with the other Party's Tariffed rates, the terms of the Directory Assistance and
Call Completion Agreement appended hereto as Exhibit C, or as may be agreed to
by the Parties.
7.2.2 The Party B operator shall only verify the status of the
line (LSV) or interrupt the line to inform the called party that there is a call
waiting. The Party B operator will not complete the telephone call of the
Customer initiating the LSV/VCI request. The Party B operator will only make
one LSV/VCI attempt per Customer operator bureau telephone call, and the
applicable charges apply whether or not the called party releases the line.
7.2.3 Each Party's operator bureau shall accept LSV and VCI
inquiries from the operator bureau of the other Party in order to allow
transparent provision of LSV/VCI Traffic between the Parties' networks.
7.2.4 Each Party shall route LSV/VCI Traffic inquiries over
separate direct trunks (and not the Local/IntraLATA/InterLATA Trunks)
established between the Parties'
27
respective operator bureaus. Each Party shall offer interconnection for LSV/VCI
traffic at its Local Serving Wire Center, operator services Tandem Office
subtended by such Local Serving Wire Center, or other mutually agreed point in
the LATA. Separate LSV/VCI trunks delivered at the Local Serving Wire Center
will be directed to the operator services Tandem Office designated by Party B.
Unless otherwise mutually agreed, the Parties shall configure LSV/VCI trunks
over the Interconnection architectures in accordance with the terms of Section
4, consistent with the Joint Implementation and Grooming Process. Party A shall
outpulse the appropriate NPA, ATC Code, and Routing Code (operator code) to
Party B.
7.3 TRANSIT SERVICE
7.3.1 Each Party shall exercise all reasonable efforts to enter
into a reciprocal local traffic exchange arrangement (either via written
agreement or mutual tariffs) with any wireless carrier, ITC, CLEC, or other LEC
to which it sends, or from which it receives, local traffic that transits the
other Party's facilities over Traffic Exchange Trunks. If either Party fails to
enter into such an arrangement as quickly as commercially reasonable following
the Effective Date and to provide written notification of such Agreement,
including the relevant rates therein, to the other Party, but continues to
utilize the other Party's Transit Service for the exchange of local traffic with
such wireless carrier, ITC, CLEC, or other LEC, then the Party utilizing the
Transit Service shall, in addition to paying the rate set forth in Exhibit A for
said Transit Service, pay the other Party any charges or costs such terminating
third party carrier imposes or levies on the other Party for the delivery or
termination of such Traffic, including any switched access charges, PLUS all
reasonable expenses incurred by the other Party in delivering or terminating
such Traffic and/or resulting from the utilizing Party's failure to secure said
reciprocal local traffic exchange arrangement. Each Party will, upon request,
provide the other Party with all reasonable cooperation and assistance in
obtaining such arrangements. In addition, neither Party shall take any actions
to prevent the other Party from entering into a direct and reciprocal local
traffic exchange arrangement (either via written agreement or mutual tariffs)
with any wireless carrier, ITC, CLEC, or other LEC to which it sends, or from
which it receives, local traffic that does not utilize the Transit Service of
the first Party. The Parties agree to work cooperatively in appropriate
industry fora to promote the adoption of reasonable industry guidelines relating
to Transit Traffic.
7.3.2 Transit Traffic that is originated by an ITC or wireless
carrier shall be settled in accordance with the terms of an appropriate
IntraLATA Telecommunications Services Settlement Agreement between the Parties
substantially in the form appended hereto as Exhibit D. Meet-Point Billing
compensation arrangements as described in subsection 6.3 shall be utilized for
compensation for the joint handling of Toll Traffic.
7.3.3 BA expects that most networks involved in Transit Traffic
will deliver each call to each involved network with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of those services supported by BA and billing functions. In
all cases, each Party shall follow the Exchange Message Record ("EMR") standard
and exchange records between the Parties and with the terminating carrier to
facilitate the billing process to the originating network.
28
7.3.4 Transit Traffic shall be routed over the Traffic Exchange
Trunks described in Section 5 above.
7.4 911/E911 ARRANGEMENTS
7.4.1 ACI may, at its option, interconnect to the BA 911/E911
selective routers or 911 Tandem Offices, as appropriate, that serve the areas in
which ACI provides Telephone Exchange Services, for the provision of 911/E911
services and for access to all subtending Public Safety Answering Points
("PSAP"). In such situations, BA will provide ACI with the appropriate CLLI
codes and specifications of the Tandem Office serving area. In areas where E911
is not available, ACI and BA will negotiate arrangements to connect ACI to the
911 service.
7.4.2 Path and route diverse interconnections for 911/E911 shall
be made at the ACI-IP, the BA-IP, or other points as necessary and mutually
agreed, and as required by law or regulation.
7.4.3 Within thirty (30) days of its receipt of a request from
ACI and to the extent authorized by the relevant federal, state, and local
authorities, BA will provide ACI with the following at no charge:
(a) a file on diskette or other mutually agreed upon medium
containing the Master Street Address Guide ("MSAG") for each county within the
LATA(s) specified in this Agreement, which MSAG shall be updated no more
frequently than monthly and a complete copy of which shall be made available on
an annual basis;
(b) a list of the address, CLLI code, and an associated NXX of
each 911/E911 selective router or 911 Tandem office(s) in the area in which ACI
plans to offer Telephone Exchange Service;
(c) a list of the address, CLLI code, associated NXX, contact
name and phone number of each PSAP in each county in the area in which ACI plans
to offer Telephone Exchange Service;
(d) a list of BA personnel who currently have responsibility
for each county's 911 requirements;
(e) the ten-digit subscriber number for each PSAP or the "main"
PSAP that subtends each BA 911/E911 selective router or 911 Tandem to which ACI
is interconnected for the transfer of "0-" calls to the PSAP;
(f) any special 911 trunking requirements for each 911/E911
selective router or 911 Tandem;
29
(g) an electronic interface, when available, through which ACI
shall input and provide a daily update of 911/E911 database information related
to appropriate ACI Customers. Until such time as an electronic interface is
available, ACI shall provide BA with all appropriate 911 information such as
name, address, and telephone number in writing for BA's entry into the 911
database system. Any 911-related data exchanged between the Parties prior to
the availability of an electronic interface shall conform to BA standards,
whereas 911-related data exchanged electronically shall conform to the National
Emergency Number Association standards;
(h) return of any ACI E911 data entry files containing errors,
so that ACI may ensure the accuracy of the Customer records; and
(i) a Design Layout Record ("DLR") of a 911 (CAMA) trunk, if
applicable.
7.4.4 In cases where a Customer of one Party elects to
discontinue its service and become the Customer of the other Party ("Party B")
but desires to retain its original telephone number pursuant to an INP
arrangement, Party B will outpulse the telephone number to which the call has
been forwarded (I.E. the Customer's ANI) to the 911 Tandem Office. Party B will
also provide the 911 database with both the forwarded number and the directory
number, as well as the appropriate address information of the Customer.
7.4.5 BA and ACI will use their best efforts to facilitate the
prompt, robust, reliable and efficient interconnection of ACI systems to the
911/E911 platforms.
7.4.6 BA and ACI will work cooperatively to arrange meetings with
PSAPs to answer any technical questions the PSAPs, or county or municipal
coordinators may have regarding the 911/E911 arrangements.
7.4.7 The Parties acknowledge that the provision of INP, until
PNP with full 911 compatibility is available, creates a special need to have the
Automatic Location Identification ("ALI") screen reflect two number: the "old"
number and the "new" number assigned by ACI. The Parties acknowledge further
the objective of including the five character Telephone Company Identification
("TCI") of the company that provides service to the calling line as part of the
ALI display. Until such time as TCI is operational, however, BA and ACI agree
to supply and use the three-letter Access Carrier Name Abbreviation ("ACNA") as
the carrier identifier.
7.4.8 ACI will compensate BA for connections to its 911/E911
pursuant to Exhibit A.
7.4.9 ACI will comply with all applicable rules and regulations
pertaining to the provision of 911/E911 services in Pennsylvania.
30
7.5 ANCILLARY TRAFFIC GENERALLY
Ancillary Traffic that may be terminated at a BA Local Serving Wire
Center pursuant to subsection 4.5 above shall be subject to a separate transport
charge for transport from the Local Serving Wire Center to the appropriate
Tandem Office, as set forth in Exhibit A.
8.0 NUMBER RESOURCES, RATE CENTERS AND RATING POINTS
8.1 Nothing in this Agreement shall be construed to limit or otherwise
adversely affect in any manner either Party's right to employ or to request and
be assigned any Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines, as may be amended from time to time, or to establish, by
Tariff or otherwise, Rate Centers and Rating Points corresponding to such NXX
codes. Until such time as number administration is provided by a third party, BA
shall provide ACI access to telephone numbers by assigning NXX codes to ACI in
accordance with such Assignment Guidelines.
8.2 It shall be the responsibility of each Party to program and update
its own switches and network systems in accordance with the Local Exchange
Routing Guide ("LERG") in order 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, except as expressly
set forth in this Agreement.
8.3 Unless mandated otherwise by a Commission order, the Rate Center
Areas will be the same for each Party. During the term of this Agreement, ACI
shall adopt the Rate Center Areas and Rate Center Points that the Commission has
approved for BA, in all areas where BA and ACI service areas overlap, and ACI
shall assign whole NPA-NXX codes to each Rate Center unless the LEC industry
adopts alternative methods of utilizing NXXs in the manner adopted by the NANP.
8.4 ACI will also designate a Routing Point for each assigned NXX
code. ACI shall designate one location for each Rate Center Area as the Routing
Point for the NPA-NXXs associated with that Area, and such Routing Point shall
be within the same LATA as the Rate Center Area but not necessarily within the
Rate Center Area itself.
8.5 Notwithstanding anything to the contrary contained herein, nothing
in this Agreement is intended to, and nothing in this Agreement shall be
construed to, in any way constrain ACI's choices regarding the size of the local
calling area(s) that ACI may establish for its Customers, which local calling
areas may be larger than, smaller than, or identical to, BA's local calling
areas.
31
9.0 NETWORK MAINTENANCE AND MANAGEMENT; OUTAGES
9.1 The Parties will work cooperatively to install and maintain a
reliable network. ACI and BA will exchange appropriate information (E.G.,
maintenance contact numbers, escalation procedures, network information,
information required to comply with law enforcement and other security agencies
of the Government) to achieve this desired reliability. In addition, the
Parties will work cooperatively to apply sound network management principles to
alleviate or to prevent congestion.
9.2 Each Party recognizes a responsibility to follow the standards
that may be agreed to between the Parties and to employ characteristics and
methods of operation that will not interfere with or impair the service or any
facilities of the other or any third parties connected with or involved directly
in the network of the other. Each Party also recognizes the need for the other
Party to follow spectrum management guidelines or practices in order to maintain
or prevent degradation or impairment of the quality of its network. The Parties
will keep each other informed of such guidelines or practices and will attempt
to co-ordinate their development and use of such guidelines or practices.
9.3 INTERFERENCE OR IMPAIRMENT
If BA reasonably determines that the use of an unbundled Network
Element or network service by ACI is interfereing with or impairing BA's
provision of services, BA shall have the right to discontinue service to the
degree reasonably necessary to resolve the interference or impairment,
subject, however, to the following:
9.3.1 BA shall have given ACI at least ten (10) days' prior
written notice of the interference or impairment or potential interference or
impairment and the need to correct the condition within said time period.
9.3.2 BA shall have concurrently provided a copy of the notice
provided to ACI under subsection 9.3.1 above to the appropriate federal and/or
state regulatory bodies.
9.3.3 Notice in accord with subsections 9.3.1 and 9.3.2 above
shall not be required in emergencies and BA may immediately discontinue service
if reasonably necessary to avoid interference with or impairment of BA's
network or services. In such case, however, BA shall use all reasonable means
to notify ACI and the appropriate federal and/or state regulatory bodies.
9.3.4 Upon correction of the interference or impairment, which
may include relocation at appropriate rates and charges, BA will promptly
renew service to ACI. During such period of discontinuance, there will be no
compensation or credit allowance by BA to ACI for interruptions.
9.3.5 If Party A reasonably determines that (i) the Party B's use
of an Unbundled Network Element or a service or (ii) the characteristics and
methods of operation used by Party B
32
would or could interfere with or impair Party A's provision of services, Party A
shall give Party B at least twenty (20) days' prior written notice of the
potential interference or impairment and the need to correct the condition
within said time period, Party A may take any action permitted by Applicable
Law, including, but not limited to, filing a complaint with or seeking other
relief from the FCC or the Commission.
9.3.6 The provisions of the Section 9.3 shall not apply to XXXX
0X, XXXX 0X, and HDSL 4W ULLs provided by BA to ACI pursuant to Section 11.2 of
this Agreement, so long as ACI conforms to the applicable technical references
in its use of such loops.
9.4 Interference and Impairment for ADSL 2W, HDSL 2W and HDSL 4W ULLs
Subject to Section 11.2.4:
9.4.1 ACI shall be able to order and BA shall provision ADSL 2W, HDSL 2W
and HDSL 4W ULL(s).
9.4.2 In its use of ADSL 2W, HDSL 2W and HDSL 4W ULLs, ACI shall conform
to the BA references in order to ensure that its provision of services to its
customers does not degrade or otherwise adversely affect the quality or
reliability of service to BA's customers, provided that BA is in compliance with
the provisions of this Section.
9.4.3 BA shall conform to its references and shall not introduce
services on its network that would degrade or otherwise adversely affect the
quality or reliability of service to ACI's customers, provided that ACI is in
compliance with the provisions of this Section.
9.4.4 If ACI determines that BA is deploying xDSL technology on an ADSL
or HDSL Compatible ULL in a manner that will or may interfere with ACI's
provision of its services, ACI shall notify BA in a reasonable manner and time
frame. If BA determines that ACI is using an ADSL or HDSL Compatible ULL in a
manner that will interfere with or impair BA's provision of its services, BA
shall notify ACI in a reasonable manner and time frame.
9.4.5 The Parties agree to work cooperatively to resolve interference or
other impairment issues. In the event a cooperative resolution cannot be
reached, the Dispute Resolution procedures for this Agreement shall apply.
9.5 REPEATED OR WILLFUL NONCOMPLIANCE
The Interconnection provided hereunder may be discontinued by either
Party upon thirty (30) days written notice to the other for repeated or willful
violation of and/or a refusal to comply with this Agreement in any material
respect. The Party discontinuing will notify the appropriate federal and/or
state regulatory bodies concurrently with the notice to the other Party of the
prospective discontinuance.
33
9.6 OUTAGE REPAIR STANDARD
In the event of an outage or trouble in any arrangement, facility, or
service being provided by a Party hereunder, the providing Party will follow
procedures for isolating and clearing the outage or trouble that are no less
favorable than those that apply to comparable arrangements, facilities, or
services being provided by the providing Party to any other carrier whose
network is connected to that of the providing Party. ACI and BA may agree to
modify those procedures from time to time based on their experience with
comparable Interconnection arrangements with other carriers.
9.7 NOTICE OF CHANGES -- SECTION 251(c)(5)
If a Party makes a change in the information necessary for the
transmission and routing of services using that Party's network, or any other
change in its network which it believes will materially affect the
interoperability of its network with the other Party's network, the Party making
the change shall provide at least ninety (90) days advance written notice of
such change to the other Party, and shall use all reasonable efforts to provide
at least one hundred eighty (180) days notice where practicable; provided,
however, that if a longer period of notice is required by the FCC's or
Commission's rules, including, E.G., the Network Disclosure rules set forth in
the FCC Regulations, the Party will comply with such rules.
9.8 FRAUD
The Parties shall work cooperatively to minimize fraud associated with
third number billed calls, calling card calls, and any other services related to
this Agreement.
10. JOINT NETWORK IMPLEMENTATION AND GROOMING PROCESS; INSTALLATION,
MAINTENANCE, TESTING AND REPAIR
10.1 JOINT NETWORK IMPLEMENTATION AND GROOMING PROCESS
On or before November 1, 1998, unless the Parties agree to a different
date, ACI and BA shall jointly develop an implementation and grooming process
(the "Joint Process") which shall define and detail, INTER ALIA,
(a) standards to ensure that Interconnection trunk groups
experience a grade of service, availability and quality which is
comparable to that achieved on interoffice trunks within BA's network and
in accord with all appropriate relevant industry-accepted quality,
reliability and availability standards. Trunks provided by either Party
for Interconnection services will be engineered using a design blocking
objective of B.01;
34
(b) the respective duties and responsibilities of the Parties
with respect to the administration and maintenance of the trunk groups,
including, but not limited to, standards and procedures for notification
and discoveries of trunk disconnects;
(c) disaster recovery provision escalations;
(d) migration from one-way to two-way Interconnection Trunks
upon mutual agreement of the Parties;
(e) the procedures to govern any ACI request for information
concerning available BA network facilities that ACI may purchase as
unbundled Network Elements to connect the beginning and end points within
given exchanges specified by ACI in its request;
(f) additional technically feasible and geographically relevant
IP(s) in a LATA as provided in subsection 4.1.4 above; and
(g) such other matters as the Parties may agree, including,
E.G., End Office to End Office high usage trunks as good engineering
practices may dictate.
Nothing in this subsection 10.1 shall affect either Party's obligations
to meet the milestone dates set forth in Schedule 3.0 hereof.
10.2 INSTALLATION, MAINTENANCE, TESTING AND REPAIR
Unless otherwise agreed to by the Parties, Interconnection shall be equal
in quality to that provided by each of the Parties to itself or any subsidiary,
affiliate, or third party. For purposes of this Agreement, "equal in quality"
means the same or equivalent interface specifications, provisioning,
installation, maintenance, testing and repair intervals for the same or
equivalent services under like Interconnection circumstances. If either Party
is unable to fulfill its obligations under this subsection 10.2, it shall notify
the other Party of its inability to do so and will negotiate alternative
intervals in good faith. The Parties agree that the standards to be used by
each Party for isolating and clearing any disconnections and/or other outages or
troubles shall be no less favorable than those applicable to comparable
arrangements, facilities, or services being provided by such Party to any other
carrier whose network is connected to that of the providing Party, including
itself or any subsidiary or affiliate.
10.3 FORECASTING REQUIREMENTS FOR TRUNK PROVISIONING
Within ninety (90) days of executing this Agreement, ACI shall provide BA
a one (1) year traffic forecast. This initial forecast will provide the amount
of traffic to be delivered to BA over each of the Traffic Exchange Trunk groups
over the next four (4) quarters. The forecast shall be updated and provided to
BA on an as-needed but no less frequently than quarterly basis. All forecasts
shall include Access Carrier Terminal Location (ACTL), traffic type (local/toll,
35
operator services, 911, etc.), code (identifies trunk group), A location/Z
location (CLLI codes for ACI-IPs and BA-IPs), interface type (e.g., DS1), and
trunks in service each year (cumulative).
10.3.1 INITIAL FORECASTS/TRUNKING REQUIREMENTS Because BA's
trunking requirements will, at least during an initial period, be dependent on
the customer segments and service segments within customer segments to whom ACI
decides to market its services, BA will be largely dependent on ACI to provide
accurate trunk forecasts for both inbound (from BA) and outbound (from ACI)
traffic. BA will, as an initial matter and upon request, provide the same
number of trunks to terminate local traffic to ACI as ACI provides to terminate
local traffic to BA, unless ACI expressly identifies particular situations that
are expected to produce traffic that is substantially skewed in either the
inbound or outbound direction, in which case BA will provide the number of
trunks ACI suggests; provided, however, that in all cases BA's provision of the
forecasted number of trunks to ACI is conditioned on the following: that such
forecast is based on reasonable engineering criteria, there are no capacity
constraints, and ACI's previous forecasts have proven to be reliable and
accurate.
10.3.2 MONITORING AND ADJUSTING FORECASTS BA will, for ninety
(90) days, monitor traffic on each trunk group that it establishes at ACI's
suggestion or request pursuant to the procedures identified in subsection 10.3.1
above. At the end of such ninety (90) day period, BA may disconnect such trunks
that, based on reasonable engineering criteria and capacity constraints, are not
warranted by the actual traffic volume experienced. If, after such initial
ninety (90) day period for a trunk group, BA determines that any trunks in the
trunk group in excess of four (4) DS-1s are not warranted by actual traffic
volumes (considering engineering criteria for busy hour CCS and blocking
percentages), then BA may hold ACI financially responsible for the excess
facilities. In subsequent periods, BA may also monitor traffic for ninety (90)
days on additional trunk groups that ACI suggests or requests BA to establish.
If, after any such (90) day period, BA determines that any trunks in the trunk
group are not warranted by actual traffic volumes (considering engineering
criteria for busy hour CCS and blocking percentages), then BA may hold ACI
financially responsible for the excess facilities. At any time during the
relevant ninety (90) day period, ACI may request that BA disconnect trunks to
meet a revised forecast. In such instances, BA may hold ACI financially
responsible for the disconnected trunks retroactive to the start of the ninety
(90) day period through the date such trunks are disconnected.
10.3.3 RECIPROCAL RESPONSIBILITY To the extent that BA requires
ACI to install trunks for delivery of traffic to BA, ACI may apply the same
procedures with respect to BA's trunking requirements.
10.3.4 FUTURE FORECASTS/TRUNKING REQUIREMENT The Parties agree
to determine and develop reciprocal forecast requirements at the end of two (2)
years following the Service Activation Date (as set forth in Schedule 3.0).
11.0 UNBUNDLED ACCESS -- SECTION 251(c)(3)
36
As required by Section 251 of the Act, BA shall offer ACI
nondiscriminatory access to Network Elements on an unbundled basis at any
technically feasible point. BA shall unbundle and separately price and offer
Network Elements such that ACI will be able to lease and interconnect to
whichever of the Network Elements ACI requires, and to allow ACI to combine the
BA provided elements with any facilities and services that ACI may itself
provide, subject to Applicable Law.
To the extent permitted by Applicable Law, ACI may use one or more
unbundled Network Elements to provide to itself, its affiliates or its customers
any feature, function or service option that (1) such unbundled Network Element
is presently capable or becomes capable of providing in the BA network, (2) is
described in the applicable Bellcore and other industry standard technical
references identified herein and which the BA network has the capability of
providing on the Effective Date of this Agreement or becomes capable of
providing during the Term of this Agreement, or (3) may otherwise be agreed to
by the Parties. To the extent required by Applicable Law, BA may require that
any combination by ACI of unbundled Network Elements purchased from BA shall be
through a Collocation arrangement pursuant to Section 13.0 or applicable Tariff.
Unless otherwise provided in this Agreement, the unbundled Network
Elements specified in this Agreement shall be made available by BA to ACI for
ordering and provisioning on the Effective Date. The unbundled Network Elements
and rates specified in this Agreement shall be made available by BA to ACI
pursuant to and to the extent required by Applicable Law.
ACI and BA agree that the unbundled Network Elements identified in this
Section 11 are not exclusive and that pursuant to the BFR Process ACI may
identify and request that XX xxxxxxx additional or revised unbundled Network
Elements to the extent required under the Act. Additionally, if BA provides any
unbundled Network Element that is not identified in this Agreement to a
requesting Telecommunications Carrier, including a BA affiliate, without
requiring such carrier to utilize the BFR process, then BA will make available
the same unbundled Network Element to ACI without ACI being required to use the
BFR process.
At the time ACI provides BA with an order for a particular unbundled
Network Element other than the standard interfaces provided under this
Agreement, ACI may request any technically feasible network interface. Where
appropriate, such request shall be made pursuant to the BFR process. Any such
requested network interface shall be subject to the approval of BA, which
approval shall not be unreasonably withheld or delayed. If ACI's request is
denied, BA shall provide ACI with written notice of the reasons for said denial,
including, if applicable, a specific description of why it is technically
infeasible for BA to comply with ACI's request.
For each appropriate unbundled Network Element, BA shall identify a
demarcation point and, if necessary and appropriate, provide access to such
demarcation point.
11.1 AVAILABLE NETWORK ELEMENTS
37
At the request of ACI, BA shall, at a minimum, provide ACI access to the
following unbundled Network Elements in accordance with the requirements of the
FCC Regulations:
11.1.1 Local Loops, as set forth in subsection 11.2;
11.1.2 The Network Interface Device, as set forth in subsection
11.3;
11.1.3 Switching Capability, as set forth in subsection 11.4;
11.1.4 Interoffice Transmission Facilities, as set forth in
subsection 11.5;
11.1.5 Signaling Links and Call-Related Databases, as set forth in
Section 17 and Section 5.4;
11.1.6 Operations Support Systems, as set forth in subsection
11.6;
11.1.7 Operator Services and Directory Assistance, as set forth in
subsection 19.4; and
11.1.8 such other Network Elements in accordance with subsection
11.8 below.
11.2 UNBUNDLED LOCAL LOOP ("ULL") TRANSMISSION TYPES
Subject to subsection 11.7, BA shall allow ACI to access the following
ULL types (in addition to those ULLs available under applicable tariffs)
unbundled from local switching and local transport in accordance with the terms
and conditions set forth in this subsection 11.2.
11.2.1 "2-Wire Analog Voice Grade ULL" or "Analog 2W" which
supports analog transmission of 300-3000 Hz, repeat link start, link reverse
battery, or ground start seizure and disconnect in one direction (toward the End
Office Switch), and repeat ringing in the other direction (toward the Customer)
and terminates at both the central office MDF (or equivalent) and the Customer
premises, in accordance with BA TR72565 and TR 72570. At the request of ACI, BA
agrees to make every commercially reasonable effort to provide such ULLs over
copper facilities.
11.2.2 "4-Wire Analog Voice Grade ULL" or "Analog 4W" which
supports transmission of voice grade signals using separate transmit and receive
paths and terminate in a 4-wire electrical interface at both ends, in accordance
with BA TR72570.
11.2.3 "2-Wire ISDN Digital Grade ULL" or "BRI ISDN" provides a
channel with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 2B1Q line code.
38
11.2.4 "2 Wire ADSL-Compatible ULL" or "ADSL 2W" is a 2-wire,
non-loaded, twisted copper pair that meets revised resistance design or carrier
serving area design guidelines. An ADSL-2W is a transmission path that is
suitable for the transmission of up to a 6Mpbs digital signal downstream (toward
the Customer) and up to a 640 Kbps digital signal upstream (away from the
Customer) while simultaneously carrying an analog voice signal, although ACI is
not restricted to those bandwidth specifications in providing its services,
provided that ACI complies with appropriate industry ADSL standards and BA
technical reference TR72575. An ADSL 2W terminates in a 2-wire electrical
interface at the Customer premises and at the Xxxx Atlantic Central Office
frame. ADSL 2W loops are only available where existing facilities can meet the
non-loaded revised resistance design or carrier serving area design guidelines.
The upstream and downstream ADSL power spectral density masks and dc line power
limits referenced in BA TR 72575 must be met. 2-Wire ADSL compatible local
loops are offered under this Agreement subject to availability.
11.2.4.1 In addition to the options provided under Section
11.7.2, once it becomes technically feasible for BA to provide an ADSL 2W loop
that is partly copper and partly fiber with ADSL electronics, BA will provide
ACI with non-discriminatory access to the ASDL 2W ULL.
11.2.5 "2-Wire HDSL-Compatible ULL" or "HDSL 2W" consists of
a single 2-wire, non-loaded, twisted copper pair that meets the carrier serving
area design criteria. The HDSL power spectral density mask and dc line power
limits referenced in BA TR 72575 must be met. 2-Wire HDSL loops are subject to
availability.
11.2.6 "4-Wire HDSL-Compatible ULL" or "HDSL 4W" consists of two
2-wire, non-loaded, twisted copper pairs that meet the carrier serving area
design criteria. The HDSL power spectral density mask and dc line power limits
referenced in BA TR 72575 must be met. 4-wire HDSL loops are subject to
availability.
11.2.7 "4-Wire DS1-compatible ULL" (Digital Grade Loop) is a
transmission path that supports the transmission of digital signals of up to a
maximum binary information rate of 1.544 Mbps and terminates in a 4-Wire
electrical interface at the Customer premises and a ACI Collocation node at a
BA central office. A DS-1 Digital Grade Loop is capable of operating in a full
duplex, time division (digital) multiplexing mode and provides transmission
capacity equivalent to 24 voice grade channels with associated signaling,
twenty-four 56 Kbps digital channels when in band signaling is provided or
twenty-four 64 Kbps channels with the selection of the Clear Channel signaling
option, as described in BA TR72575.
11.2.8 ULLs will be offered on the terms and conditions specified
herein and on such other terms in applicable Tariffs that are not inconsistent
with the terms and conditions set forth herein or in the Act or FCC and
Commission orders interpreting the Act. BA shall make ULLs available to ACI at
the rates specified by the Commission, as amended from time to time, subject to
the provisions of subsection 11.2.9 below.
39
11.2.9 BA will make Analog 2-Wire ULLs, BRI ISDN ULLs, Analog 4W
ULLs, and 4-Wire DS-1-compatible ULLs available for purchase by ACI at any time
after the Effective Date. BA will make available ADSL 2-Wire ULLs to ACI at
Central Offices in the Philadelphia and Pittsburgh metropolitan areas by July 1,
1998, and BA will make ADSL 2-Wire ULLs at other Central Offices, HDSL 4-Wire
ULLs and HDSL 4-Wire, HDSL 2-Wire, and ADSL 2-Wire ULLs available to ACI no
later than the date on which it makes such ULLs commercially available to any
other Telecommunications Carrier in Pennsylvania.
11.2.10 BA is presently undertaking mechanized testing of loops
on a Central Office-by-Central Office basis and it intends to incorporate
information developed as a result of this testing, including the loop type and
associated loop length information, in a database or databases (collectively,
the "Loop Database"). BA will provide ACI with non-discriminatory access to the
information contained in the Loop Database no later than the time that BA begins
using the information included in the Loop Database on a commercial bases in its
own retail operations. If at the time that ACI requests a loop to provide ADSL
service to a specific customer there are no loops in the Loop Database that meet
the requirements of 11.2.4, then ACI may request BA to undertake a mechanized
testing of the of the relevant Central Office (if such testing has not yet been
done) or the manual qualification of a loop (if mechanized testing has already
been performed at that Central Office). ACI shall pay BA's normal charge for
any such mechanized testing or manual loop qualification. BA shall provide ACI
with information developed pursuant to such mechanized testing or manual loop
qualification.
11.2.11 ACI may choose to accept as an ADSL 2W one or more
available copper ULLs that fail (for reasons of length or otherwise) to meet the
performance characteristics in appropriate industry ADSL standards (including BA
technical reference TR72575) and therefore would not normally qualify as an ADSL
2W. Alternatively, ACI may obtain such a ULL for testing. Except as provided
in 11.2.12 below, ACI shall pay the regular recurring and non-recurring charges
for connecting and disconnecting such ULL for testing.
11.2.12 BA and ACI will continue to negotiate after the signing
of this Agreement in order to determine the feasibility of developing a simpler,
alternative procedure by which BA would, at the request and expense of ACI, make
available to ACI for acceptability testing any ULL identified pursuant to
11.2.11 above.
11.3 NETWORK INTERFACE DEVICE
At the request of ACI, BA shall permit ACI to connect a carrier's loop to
the Inside Wiring of a Customer's premises through BA's NID in the manner set
forth in Schedule 11.3. ACI must establish the connection to BA's NID through
an adjoining NID deployed by ACI. The Customer shall be responsible for
resolving any conflicts between service providers for access to Customer's
premises and Inside Wire.
11.4 UNBUNDLED SWITCHING ELEMENTS
40
BA shall make available to ACI the local Switching Element and tandem
Switching Element unbundled from transport, local loop transmission, or other
services in accordance with all Applicable Laws and as more fully described in
Schedule 11.4. In the event there is no applicable Tariff, the parties agree to
negotiate the terms, conditions and rates for the provision of unbundled
switching elements upon ACI's request.
11.5 INTEROFFICE TRANSMISSION FACILITIES
BA shall provide ACI local transport from the trunk side of BA's Central
Office Switches unbundled from switching, unbundled interoffice transmission
facilities, and other services in accordance with Exhibit A.
11.6 OPERATIONS SUPPORT SYSTEMS
BA shall provide ACI with access via electronic interfaces or electronic
bonding to databases required for pre-ordering, ordering, provisioning,
maintenance and repair, and billing as soon as required by Applicable Law.
Until such electronic access is established, and for an interim period
thereafter, BA shall provide ACI with comparable information via facsimile or
other mutually agreed upon medium. ACI shall have access to Operations Support
Systems that shall be non-discriminatory and equal in quality to the access
available to or utilized by the retail BA entities for functions specifically
held by the FCC or the Commission to be comparable to the functions provided to
ACI. Nothing in this subsection shall restrict ACI's ability to obtain access
to any operational support systems ("OSS") that BA makes generally available to
any other Telecommunications Carrier in the state.
11.7 LIMITATIONS ON UNBUNDLED ACCESS
11.7.1 ACI shall access BA's unbundled Network Elements
specifically identified in this Agreement via Collocation in accordance with
Section 13 at the BA Wire Center where those elements exist or other mutually
agreed upon means of Interconnection, and each ULL or Port shall, in the case of
Collocation, be delivered to ACI's Collocation by means of a Cross Connection.
11.7.2 BA shall provide ACI access to its Unbundled Local Loops
at each of BA's Wire Centers for loops terminating in that Wire Center. In
addition, if ACI requests one or more ULLs provisioned via Integrated Digital
Loop Carrier or Remote Switching technology deployed as a ULL concentrator, BA
shall, where available, move the requested ULL(s) to an available , existing
physical ULL at no additional charge to ACI. If, however, no physical ULL is
available, BA shall within three (3) business days of ACI's request notify ACI
of the lack of available facilities. ACI may then at its discretion make a
Network Element Bona Fide Request to BA to provide the Unbundled Local Loop
through the demultiplexing of the integrated digitized ULL(s). ACI may also
make a Network Element Bona Fide Request for access to Unbundled Local Loops at
the ULL concentration site point. Alternatively, ACI may choose to avail itself
of BA's Special Construction services, as set forth in Exhibit A, for the
provisioning
41
of such ULL(s). Notwithstanding anything to the contrary in this Agreement, the
provisioning intervals set forth in subsection 11.9 and the Performance Criteria
and Performance Interval Dates set forth in subsection 27.1 and Schedule 27,
respectively, shall not apply to ULLs provided under this subsection 11.7.2. BA
shall provide ULL(s) to ACI via the BFR process in intervals no longer than the
intervals in which BA provides to any entity related to BA, whether through the
BFR process or otherwise, any functionality specifically held by the FCC or the
Commission as being equivalent to that provided under this subsection. If BA
provides any unbundled Network Element that is not identified in the Agreement
to a requesting Telecommunications Carrier, including a BA affiliate, without
requiring such carrier to utilize the BFR process, then BA will make available
the same unbundled Network Element to ACI without ACI being required to use the
BFR process.
11.7.3 If ACI orders a ULL type and the distance requested on
such ULL exceeds the transmission characteristics in applicable technical
references, including those specified below, distance extensions may be required
and additional rates and charges shall apply as set forth in Exhibit A or
applicable Tariffs.
Loop Type Technical Reference/Limitation
ISDN Bellcore TA-NWT-000393
HDSL 2W T1E1 Technical Report Number 28
HDSL 4W T1E1 Technical Report Number 28
ADSL 2W ANSI T1.413 1995 Specification
11.7.4 BA will exercise all reasonable efforts to ensure that the
service intervals that apply to ULLs and unbundled Ports are comparable to the
(i) repair intervals that apply to the bundled dial tone line service, and (ii)
installation intervals that apply to other BA-coordinated services, except as
provided in Section 27. Although BA will make commercially reasonable efforts
to ensure that ULLs and unbundled ports meet specified or agreed-upon technical
standards, BA makes no warranty that the ULLs or unbundled Ports supplied by BA
hereunder will be compatible with the services ACI may offer to its Customers if
they are used in a manner not contemplated by the Parties.
11.8 AVAILABILITY OF OTHER NETWORK ELEMENTS ON AN UNBUNDLED BASIS
11.8.1 BA shall, upon request of ACI and to the extent required
by Applicable Law, provide to ACI access to its Network Elements on an unbundled
basis for the provision of ACI's Telecommunications Service. Any request by ACI
for access to an BA Network Element that is not already available and is not
specifically required to be offered under regulations or orders of the FCC or
the Commission shall be treated as a Network Element Bona Fide Request.
11.8.2 A Network Element obtained by ACI from BA under this
subsection 11.8 may be used in combination with the facilities of ACI only to
provide a Telecommunications
42
Service, including obtaining billing and collection, transmission, and routing
of the Telecommunications Service.
11.8.3 Notwithstanding anything to the contrary in this
subsection 11.8, a Party shall not be required to provide a proprietary Network
Element to the other Party under this subsection 11.8 except as required by the
Commission or FCC.
11.8.4 BA will notify ACI of the availability of any new
unbundled Network Element as soon as such Network Element is made available to
any entity, including without limitation any BA retail customer or any entity
that is related to BA in any way and that offers on a retail basis a service
using such Network Element. The notice to be provided under this Section 11.8.4
may be provided in writing or electronically, including, but not limited to, by
allowing ACI to access a data base or Internet site containing the applicable
information.
11.9 PROVISIONING OF UNBUNDLED LOCAL LOOPS
The following coordination procedures shall apply for conversions of
"live" Telephone Exchange Services to ULLs. These and other mutually
agreed-upon procedures shall apply reciprocally for the "live" cutover of
Customers from BA to ACI and from ACI to BA.
11.9.1 Upon request by ACI, and to ensure compliance with the
nondiscrimination requirements of the Act, BA will apply the following
coordination procedures to conversions of live Telephone Exchange Services to
ULLs. Coordinated cutover charges will apply to any such arrangement, unless
Commission approval of such charges is required by Applicable Law and has not
been granted. If ACI elects not to request coordinated cutover, BA will
process ACI's request in the normal course and subject to the normal
installation intervals.
11.9.2 ACI shall request ULLs from BA by delivering to BA a valid
electronic transmittal service order (when available) or another mutually
agreed-upon type of service order such as a Loop/NID Time and Material form.
Such service order shall be provided in accordance with industry format and
specifications or such format and specifications as may be agreed to by the
Parties. At the earliest possible time, but no more than forty-eight (48)
hours of BA's receipt of such valid service order, BA shall provide ACI the firm
order commitment date according to the Performance Interval Dates set forth in
Schedule 27 by which the ULLs covered by such service order will be installed.
11.9.3 On each ULL order in a Wire Center, ACI and BA will agree
on a cutover time at least forty eight (48) hours before that cutover time. The
cutover time will be defined as a 15-30 minute window within which both the ACI
and BA personnel will make telephone contact to complete the cutover.
11.9.4 Within the appointed 15-30 minute cutover time, the BA
person will call the ACI person designated to coordinate cutover work.
43
11.9.5 If ACI requires a change in scheduling, it must contact BA
to issue a supplement to the original order. The negotiations process to
determine the date and time of cutover will then be reinitiated as usual.
11.9.6 If the ACI person is not ready within the appointed
interval and if ACI had not called to reschedule the work at least two (2) hours
prior to the start of the interval, ACI shall be liable for the non-recurring
charge for the unbundled elements scheduled for the missed appointment. In
addition, non-recurring charges for the rescheduled appointment will apply.
11.9.7 If BA is not available or not ready at any time during the
appointed 15-30 minute interval, ACI and BA will reschedule and BA will waive
the non-recurring charge for the unbundled elements originally scheduled for
that interval, whenever those unbundled elements are actually cut over pursuant
to an agreed-upon rescheduling, with the result that ACI will pay no
non-recurring charge for the unbundled elements.
11.9.8 The standard time expected from disconnection of a live
Telephone Exchange Service to the connection of the unbundled element to the ACI
Collocation Arrangement is fifteen (15) minutes per voice grade circuit for all
orders consisting of twenty (20) ULLs or less at any single customer premise.
Orders involving more than twenty (20) ULLs at any single customer premise will
require a negotiated interval.
11.9.9 If unusual or unexpected circumstances prolong or extend
the time required to accomplish the coordinated cutover, the Party responsible
for such circumstances is responsible for the reasonable labor charges of the
other Party. Delays caused by the Customer are the responsibility of ACI.
11.9.10 If ACI has ordered INP as part of an ULL installation, BA
will coordinate implementation of INP with the ULL installation.
11.9.11 If ACI requests or approves a BA technician to perform
services on the network side of the Rate Demarcation Point beyond normal
installation of the ULLs covered by the service order, BA may charge ACI for any
additional and reasonable labor charges to perform such services. BA may also
charge ACI its normal overtime rates for services ACI requests to be performed
outside of BA's normal business hours (M-F, 9 am to 5 pm, E.S.T.).
11.9.12 BA's provision of facilities for unbundled elements shall
in all cases be subject to the availability of such facilities, to the extent
permitted by Section 251 of the Act, unless and until there is a relevant change
in the law as set forth in Iowa Utilities Board v. XXX 000 X.0X 000 (0xx Xxx.,
0000).
11.10 MAINTENANCE OF UNBUNDLED LOCAL LOOPS
If (i) ACI reports to BA a Customer trouble, (ii) ACI requests a
dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused
by BA's facilities or equipment,
44
then ACI shall pay BA the applicable tariff rate for said dispatch. In
addition, this charge also applies in situations when the Customer contact as
designated by ACI is not available at the appointed time. ACI accepts
responsibility for initial trouble isolation and providing BA with appropriate
dispatch information based on their test results. If, as the result of ACI
instructions, BA is erroneously requested to dispatch within the Central Office,
BA may levy on ACI an appropriate charge. However, if BA imposes any charge on
ACI under this subsection 11.8 and the same trouble recurs and the cause in both
instances is determined to be in BA's facilities, then BA shall refund to ACI
all charges applicable to that trouble that were erroneously levied on and paid
by ACI to BA plus interest at the rate applicable to refunds of overpayments
pursuant to BA's Tariffs. BA agrees to respond to ACI trouble reports on a
nondiscriminatory basis consistent with the manner in which it provides service
to its own retail customers or to any other similarly situated
Telecommunications Carrier.
11.11 RATES AND CHARGES
BA shall charge the non-recurring and monthly recurring rates for ULLs
and other Network Elements set forth in Exhibit A as interim rates until such
time as the Commission adopts permanent rates consistent with the requirements
of the FCC Regulations. Such permanent rates shall be applied in the manner
described in Exhibit A and subsection 20.1.2 below.
12.0 RESALE -- SECTIONS 251(c)(4) AND 251(b)(1)
12.1 AVAILABILITY OF RETAIL RATES FOR RESALE
Each Party shall make available its Telecommunications Services for
resale at the retail rates set forth in its Tariffs to the other Party in
accordance with Section 251(b)(1) of the Act and the Commission's rulings. In
addition, BA shall allow ACI the resale of all Telecommunications Services
that are offered primarily or entirely to other Telecommunications Carriers
(E.G., Switched and special Exchange Access Services) at the rates applicable
to such services. BA shall also allow the resale by ACI of such other
non-Telecommunications Services as BA, in its sole discretion, determines to
provide for resale under terms and conditions to be agreed to by the Parties.
12.2 AVAILABILITY OF WHOLESALE RATES FOR RESALE
BA shall make available to ACI for resale all Telecommunications Services
that BA provides at retail to Customers that are not Telecommunications Carriers
at the retail prices set forth in BA's Tariffs less the wholesale discount set
forth in Exhibit A in accordance with Section 251(c)(4) of the Act. Such
services shall be provided in accordance with the terms of the applicable retail
services Tariff(s), including, without limitation, user or user group
restrictions, as the case may be, subject to the requirement that such
restrictions shall in all cases comply with the requirements of Section 251 of
the Act and the FCC Regulations regarding restrictions on resale. The Parties
may also agree to negotiate term and/or volume discounts for resold services.
45
12.3 AVAILABILITY OF SUPPORT SERVICES AND BRANDING FOR RESALE
BA shall make available to ACI the various support services for resale
described in Schedule 12.3 hereto in accordance with the terms set forth
therein. In addition, to the extent required by Applicable Law, upon request by
ACI and at prices, terms and conditions to be negotiated by ACI and BA, BA shall
provide BA Retail Telecommunications Services (as defined in Schedule 12.3) that
are identified by ACI's trade name, or that are not identified by trade name,
trademark or service xxxx.
12.4 ADDITIONAL TERMS GOVERNING RESALE AND USE OF BA SERVICES
12.4.1 ACI shall comply with the provisions of this Agreement
(including, but not limited to, all applicable BA Tariffs) regarding resale or
use of BA services. In addition, ACI shall undertake in good faith to ensure
that its Customers comply with the provisions of BA's Tariffs applicable to
their use of BA's Telecommunications Services.
12.4.2 Without in any way limiting subsection 12.4.1, ACI shall
not resell (a) residential service to business or other nonresidential Customers
of ACI, or (b) Lifeline or other means-tested service offerings, or
grandfathered service offerings, to persons not eligible to subscribe to such
service offerings from BA, In addition, ACI shall be subject to the same
limitations that BA's own retail Customers may be subject to with respect to any
Telecommunications Service that BA may, in its discretion and to the extent not
prohibited by Applicable Law, discontinue offering.
12.4.3 BA shall not be obligated to offer to ACI at a wholesale
discount Telecommunications Services that BA offers at a special promotional
rate if such promotions are for a limited duration of ninety (90) days or less.
12.4.4 Upon request by BA, ACI shall provide to BA adequate
assurance of payment of charges due to BA in connection with ACI's purchase of
BA services for resale. Assurance of payment of charges may be requested by BA:
if ACI (a) in BA's reasonable judgment, at the Effective Date or at any time
thereafter, is unable to show itself to be creditworthy; (b) in BA's reasonable
judgment, at the Effective Date or at any time thereafter, is not creditworthy;
or, (c) fails to timely pay a xxxx rendered to ACI by BA. Unless otherwise
agreed by the Parties, the assurance of payment shall be in the form of a cash
deposit and shall be in an amount equal to the charges for BA services that ACI
may reasonably be expected to incur during a period of two (2) months. BA may
at any time use the deposit or other assurance of payment to pay amounts due
from ACI.
12.4.5 ACI shall not be eligible to participate in any BA plan or
program under which BA end user retail Customers may obtain products or
merchandise, or services which are not Xxxx Atlantic Retail Telecommunications
Services, in return for trying, agreeing to purchase, purchasing, or using Xxxx
Atlantic Retail Telecommunications Services.
46
12.4.6 BA may impose additional restrictions on ACI's resale of
BA's retail Telecommunications Services to the extent permitted by Applicable
Laws.
13.0 COLLOCATION -- SECTION 251(c)(6)
13.1 BA shall offer to ACI Physical Collocation of equipment necessary
for Interconnection (pursuant to Section 4) or for access to unbundled Network
Elements (pursuant to Section 11.0), except that BA may offer only Virtual
Collocation if BA demonstrates to the Commission that Physical Collocation is
not practical for technical reasons or because of space limitations, as provided
in Section 251(c)(6) of the Act. In the event that Physical Collocation is not
available, BA will work with ACI to explore other collocation alternatives. BA
shall provide such Collocation solely for the purpose of Interconnection with
facilities or services of BA or access to unbundled Network Elements of BA,
except as otherwise mutually agreed to in writing by the Parties or as required
by the FCC or the Commission, subject to applicable federal and state Tariffs.
13.2 In the event BA desires to terminate any Virtual Collocation
established by ACI at a BA premise, BA shall allow ACI a reasonable period of
time to migrate to a Physical Collocation arrangement (or another Virtual
Collocation arrangement at a different BA premise) before terminating the
existing Virtual Collocation arrangement. For purposes of the preceding
sentence, a "reasonable period of time" shall mean up to sixty (60) days
following the date of Collocation termination notice to ACI for ACI to submit a
new Collocation application to BA PLUS the amount of time needed for BA to
prepare the BA premise(s) specified by ACI in its application or as may be
agreed to by the Parties for Collocation by ACI. If Physical Collocation
becomes available in a Central Office in which ACI has virtual collocation, then
ACI may, at its option, migrate to Physical Collocation.
13.3
13.3 Prior to the initiation of a Collocation project, BA shall:
(a) identify the Collocation project manager assigned to the project;
(b) develop a written comprehensive "critical tasks" timeline
detailing the work (and relative sequence thereof) that is to be performed by
each Party or jointly by both Parties; and
(c) provide ACI with the following engineering requirements, if
applicable:
- Fiber Optic Terminal/Integrated Digital Loop Carrier bay
locations;
- Digital Cross-Connect panel location and xxxx assignments (in
the case of Physical Collocation only);
- fiber panel location and fiber port assignments;
47
- single point of contact for each BA office where
Collocation activities will
be performed; and
- MDF assignments for the installation of ULLs.
13.4 For both Physical Collocation and Virtual Collocation, ACI shall
provide its own or third-party leased transport facilities and terminate those
transport facilities in equipment located in its Physical Collocation space, or
in its virtually collocated equipment, at BA's premises as described in
applicable Tariffs, and purchase Cross Connection to services or facilities as
described in applicable Tariffs.
13.5 Collocation shall occur under the terms of BA's applicable and
available Tariffs.
13.6 Non-recurring charges for collocation and central office switch
dialing plans may be paid in installments in accordance with Schedule 13.6.
SECTION 251(b) PROVISIONS
14.0 NUMBER PORTABILITY -- SECTION 251(b)(2)
14.1 SCOPE
14.1.1 The Parties shall provide Local Telephone Number
Portability ("LTNP") on a reciprocal basis to each other to the extent
technically feasible, and in accordance with rules and regulations as from time
to time prescribed by the FCC and/or the Commission.
14.1.2 Until Permanent Number Portability is implemented by the
industry pursuant to regulations issued by the FCC and/or the Commission, the
Parties agree to reciprocally provide Interim Number Portability to each other
at the prices listed in Exhibit A. Such agreed-upon prices for INP are not
intended to reflect either Party's views on the cost recovery mechanisms being
considered by the FCC in its current proceeding on number portability issues.
14.1.3 Upon the agreement of the Parties or issuance of
applicable FCC and/or Commission order(s) or regulations mandating the adoption
of a Permanent Number Portability ("PNP") arrangement, BA and ACI will commence
migration from INP to the agreed-upon or mandated PNP arrangement as quickly as
practically possible while minimizing interruption or degradation of service to
their respective Customers. Once PNP is implemented, either Party may withdraw,
at any time and at its sole discretion, its INP offerings, subject to advance
notice to the other Party and coordination to allow the seamless and transparent
conversion of INP Customer numbers to PNP. Upon implementation of PNP pursuant
to FCC or Commission regulation, both Parties agree to conform and provide such
PNP. To the extent PNP rates or cost recovery mechanisms are not established by
the applicable FCC or Commission order or regulation mandating the adoption of
PNP, the Parties will negotiate in good faith the charges or
48
cost recovery mechanism for PNP service at such time as a PNP arrangement is
adopted by the Parties.
14.1.4 Under either an INP or PNP arrangement, ACI and BA will
implement a process to coordinate LTNP cutovers with ULL conversions (as
described in Section 11 of this Agreement).
14.2 PROCEDURES FOR PROVIDING INP THROUGH REMOTE CALL FORWARDING
ACI and BA will provide INP through Remote Call Forwarding as follows:
14.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Telephone Exchange Service(s)
it previously received from Party A, in conjunction with the Telephone Exchange
Service(s) it will now receive from Party B. Upon receipt of a service order
from Party B requesting assignment of the number(s) to Party B, Party A will
implement an arrangement whereby all calls to the original telephone number(s)
will be forwarded to a new telephone number(s) designated by Party B, only
within the same Exchange Area as the original telephone number(s). Party A will
route the forwarded traffic to Party B over the appropriate traffic exchange
trunk groups.
14.2.2 Party B will become the customer of record for the
original Party A telephone number(s) subject to the INP arrangements. Upon the
execution of an appropriate billing services agreement or such other mutually
agreed-upon arrangement between the Parties, Party A shall use its reasonable
efforts to consolidate into as few billing statements as possible collect,
calling card, and third-number billed calls associated with the number(s), with
sub-account detail by retained number.
14.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and load calling card information associated with
those forwarded numbers as directed by Party B. In addition, Party A will
update the retained numbers in the LIDB with the screening options provided by
Party B on a per order basis. Party B shall determine which of the screening
options offered by Party A should apply to the Party B Customer account.
14.2.4 Party B will outpulse the telephone number to which the
call has been forwarded to the 911 Tandem Office. Party B will also provide the
911 database with both the forwarded number and the directory number, as well as
the appropriate address information of the Customer.
14.2.5 Party A shall be permitted to cancel INP arrangements and
reassign the telephone number(s) upon (i) receipt of notification from Party B
or a third party that is authorized to act on behalf of the Customer or (ii)
authorization from the Customer itself. The Parties agree to work cooperatively
to develop procedures or adopt industry standards or practices concerning the
initiation and termination of INP service in a multi-carrier environment.
49
14.2.6 The INP service offered herein shall not initially apply
to NXX Codes 555, 915, 950 (as applicable), or 976, or for Feature Group A or
coin telephone service. Upon request of either Party, provision of INP to these
services will be mutually negotiated between the parties and provided to the
extent feasible under negotiated rates, terms and conditions. INP shall not
apply for any arrangement that would render the forwarded call Toll Traffic.
14.2.7 The ordering of INP arrangements and the exchange of
screening information shall be made in accordance with industry-accepted (E.G.
OBF developed) format and specifications to the extent they have been
implemented by the Parties.
14.3 PROCEDURES FOR PROVIDING INP THROUGH DIRECT INWARD DIAL TRUNKS
(FLEX-DID)
Either Party may also request INP through Direct Inward Dial Trunks
pursuant to any applicable Tariffs.
14.4 PROCEDURES FOR PROVIDING LTNP THROUGH FULL NXX CODE MIGRATION
Where either Party has activated an entire NXX for a single Customer, or
activated at least eighty percent (80%) of an NXX for a single Customer, with
the remaining numbers in that NXX either reserved for future use by that
Customer or otherwise unused, if such Customer chooses to receive Telephone
Exchange Service from the other Party, the first Party shall cooperate with the
second Party to have the entire NXX reassigned in the LERG (and associated
industry databases, routing tables, etc.) to an End Office operated by the
second Party. Such transfer will be accomplished with appropriate coordination
between the Parties and subject to appropriate industry lead-times for movements
of NXXs from one switch to another. Neither Party shall charge the other in
connection with this coordinated transfer.
14.5 RECEIPT OF TERMINATING COMPENSATION ON TRAFFIC TO INP'ED NUMBERS
The Parties agree in principle that, under the INP arrangements described
in subsections 14.2 and 14.3 above, terminating compensation on calls to INP'ed
numbers should be received by each Customer's chosen LEC as if each call to the
Customer had been originally addressed by the caller to a telephone number
bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In order to
accomplish this objective where INP is employed, the Parties shall utilize the
process set forth in this subsection 14.5 whereby terminating compensation on
calls subject to INP will be passed from the Party (the "Performing Party")
which performs the INP to the other Party (the "Receiving Party") for whose
Customer the INP is provided.
14.5.1 The Parties shall individually and collectively make best
efforts to track and quantify INP traffic between their networks based on the
CPN of each call by identifying CPNs which are INP'ed numbers. The Receiving
Party shall charge the Performing Party for
50
each minute of INP traffic at the INP Traffic Rate specified in subsection
14.5.3 in lieu of any other compensation charges for terminating such traffic,
except as provided in subsection 14.5.2.
14.5.2 By the Interconnection Activation Date in each LATA, the
Parties shall jointly estimate for the prospective six months, based on historic
data of all traffic in the LATA, the percentages of such traffic that, if dialed
to telephone numbers bearing NPA-NXXs directly assigned to a Receiving Party (as
opposed to the INP'ed number), would have been subject to (i) Reciprocal
Compensation ("Recip Traffic"), (ii) appropriate intrastate FGD charges ("Intra
Traffic"), (iii) interstate FGD charges ("Inter Traffic"), or (iv) handling as
Transit Traffic. On the date which is six (6) months after the Interconnection
Activation Date, and thereafter on each succeeding six month anniversary of such
Interconnection Activation Date, the Parties shall establish new INP traffic
percentages to be applied in the prospective six (6) month period, based on the
Performing Party's choice of actual INP traffic percentages from the preceding
six (6) month period or historic data of all traffic in the LATA.
14.5.3 The INP Traffic Rate shall be equal to the sum of:
(Recip Traffic percentage TIMES the Reciprocal Compensation Rate set forth
in Exhibit A)
PLUS
(Intra Traffic percentage TIMES Receiving Party's effective intrastate
FGD rates)
PLUS
(Inter Traffic percentage TIMES Receiving Party's effective interstate
FGD rates).
The Receiving Party shall compensate the Performing Party for its billing
and collection of charges for the intrastate and interstate FGD access services
provided by the Receiving Party to a third party through the greater of (i) the
difference between the intrastate and interstate FGD rates of the Receiving
Party and the Performing Party, or (ii) three percent (3%) of the Performing
Party's intrastate and interstate FGD revenues for INP'ed numbers. Under no
circumstances shall the Performing Party, in performing the billing and
collections service on behalf of the Receiving Party, be obligated to pass
through more than ninety seven percent (97%) of its FGD access charge to the
Receiving Party in connection with any given INP'ed call.
14.6 RECOVERY OF INP COSTS PURSUANT TO FCC ORDER AND RULEMAKING
Notwithstanding anything to the contrary contained in this Section 14, in
light of the FCC's First Report and Order and Further Notice of Proposed
Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the
Parties stipulate and agree as follows:
14.6.1 The rates listed in Exhibit A for the provision of INP are
appropriate amounts that each Party providing INP service should recover for the
provision of those INP functionalities in BA's operating territory on an interim
basis until the Commission mandates an alternative cost recovery mechanism for
the provision of INP. For the INP functions it provides, each Party should be
allowed to recover these amounts in a manner consistent with any final
51
FCC and/or Commission order on INP cost recovery (such as a state-wide fund
contributed to by all telecommunications carriers).
14.6.2 The Parties agree that neither Party waives its rights to
advocate its views that are consistent with this subsection 14.6 on the
appropriate INP cost recovery mechanism, or to present such views before any
relevant regulatory body or other agency as they relate to FCC or Commission
actions on INP cost recovery.
15.0 DIALING PARITY -- SECTION 251(b)(3)
BA and ACI shall each provide the other with nondiscriminatory access to
such services and information as are necessary to allow the other Party to
implement dialing parity for Telephone Exchange Service, operator services,
directory assistance, and directory listing information with no unreasonable
dialing delays, as required under Section 251(b)(3) of the Act.
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
16.1 BA ("Licensor") shall provide ACI ("Licensee") access for
purposes of making attachments to the poles, ducts, rights-of-way and conduits
it owns or controls pursuant to any existing or future license agreement between
the Parties, and in conformance with 47 U.S.C. Section 224, where facilities are
available, on terms, conditions and prices comparable to those offered to any
other entity pursuant to BA's applicable Tariffs (including generally-available
license agreements). Where no such Tariffs exist, such access shall be provided
in accordance with the requirements of 47 U.S.C. Section 224, including any
applicable FCC regulations that may be issued.
16.2 Licensor shall process all completed license applications for new
or additional attachments, including the performance of a pre-license survey, on
a first-come, first-serve basis as set forth in its applicable Tariff. Licensor
shall make all access determinations in accordance with the requirements of
Applicable Law (including any applicable FCC regulations), considering such
factors as capacity, safety, reliability and general engineering considerations.
Licensor shall inform Licensee in writing as to whether an application has been
granted (subject to Licensee's payment for any "make-ready" work that may be
required) or denied within forty-five (45) days of receipt of such application.
Where an application involves an increase in capacity by Licensor, Licensor
shall take reasonable steps to accommodate requests for access in accordance
with Applicable Law. Before denying Licensee access based on lack of capacity,
Licensor shall explore potential accommodations in good faith with Licensee. In
order to facilitate Licensee's completion of an application, Licensor shall make
commercially reasonable efforts to, within fifteen (15) business days of a
legitimate request identifying the specific geographic area and types and
quantities of required structures, provide Licensee such maps, plats or other
relevant data reasonably necessary to complete the applications described above,
subject to a non-disclosure agreement in form reasonably agreeable to Licensor.
Such requests shall be processed by Licensor on a first-come, first-serve basis.
This exchange of information and records does not preclude the need for a field
52
survey to verify the location and availability of structures and rights of way
to be used. Licensor shall make commercially reasonable efforts to meet with or
respond to Licensee's inquiries regarding the information supplied to it as soon
as practicable following receipt of such request for meeting or inquiry from
Licensee. Completion of make-ready work and attachments shall be in accordance
with any existing or future license agreement between the Parties.
17.0 DATABASES AND SIGNALING
17.1 Each Party shall provide the other Party with access to databases
and associated signaling necessary for call routing and completion by providing
SS7 Common Channel Signaling (CCS) Interconnection in accordance with existing
Tariffs, and Interconnection and access to 800/888 databases, LIDB, and any
other necessary databases in accordance with existing Tariffs and/or agreements
with other unaffiliated carriers, at the rates set forth in Exhibit A.
Alternatively, either Party may secure CCS Interconnection from a commercial SS7
hub provider, and in that case the other Party will permit the purchasing Party
to access the same databases as would have been accessible if the purchasing
party had connected directly to the other Party's CCS network.
17.2 The Parties will provide CCS Signaling to each other, where and as
available, in conjunction with all Local Traffic, Toll Traffic, Meet Point
Billing Traffic, and Transit Traffic. The Parties will cooperate on the
exchange of TCAP messages to facilitate interoperability of CCS-based features
between their respective networks, including all CLASS features and functions,
to the extent each Party offers such features and functions to its Customers.
All CCS Signaling parameters will be provided upon request (where available),
including called party number, calling party number, originating line
information, calling party category, and charge number. All privacy indicators
will be honored. The Parties will follow all Ordering and Billing Forum-adopted
standards pertaining to CIC/OZZ codes. Where CCS Signaling is not available,
in-band multi-frequency (MF) wink start signaling will be provided. Any such MF
arrangement will require a separate local trunk circuit between the Parties'
respective switches in those instances where the Parties have established End
Office to End Office high usage trunk groups. In such an arrangement, each
Party will outpulse the full ten-digit telephone number of the called party to
the other Party.
17.3 Each Party shall provide trunk groups, where available and upon
reasonable request, that are configured utilizing the B8ZS ESF protocol for 64
kbps clear channel transmission to allow for ISDN interoperability between the
Parties' respective networks.
17.4 The following publications describe the practices, procedures and
specifications generally utilized by BA for signaling purposes and is listed
herein to assist the Parties in meeting their respective Interconnection
responsibilities related to Signaling:
(a) Bellcore Generic Requirements, GR-905-CORE, Issue 1, March,
1995, and subsequent issues and amendments; and
53
(b) Xxxx Atlantic Supplement Common Channel Signaling Network
Interface Specification (BA-905).
17.5 Each Party shall charge the other Party mutual and reciprocal
rates for any usage-based charges for CCS Signaling, 800/888 database access,
LIDB access, and access to other necessary databases, as follows: BA shall
charge ACI in accordance with Exhibit A hereto and applicable Tariffs; ACI shall
charge BA rates equal to the rates BA charges ACI, unless ACI's Tariffs for CCS
signaling provide for lower generally available rates, in which case ACI shall
charge BA such lower rates; except to the extent a Party uses a third party
vendor for the provision of CCS Signaling, in which case such charges shall
apply only to the third party vendor.
18.0 COORDINATED SERVICE ARRANGEMENTS
18.1 INTERCEPT AND REFERRAL ANNOUNCEMENTS
When a Customer changes its service provider from BA to ACI, or from ACI
to BA, and does not retain its original telephone number, the Party formerly
providing service to such Customer shall provide a referral announcement
("Referral Announcement") on the abandoned telephone number which provides
details on the Customer's new number or provide other appropriate information to
the extent known. Referral Announcements shall be provided reciprocally, free
of charge to either the other Party or the Customer to the extent the providing
Party does not charge its own customers for such service, for a period of not
less than four (4) months after the date the Customer changes its telephone
number in the case of business Customers and not less than sixty (60) days after
the date the Customer changes its telephone number in the case of residential
Customers. However, if either Party provides Referral Announcements for
different periods than the above respective periods when its Customers change
their telephone numbers, such Party shall provide the same level of service to
Customers of the other Party.
18.2 COORDINATED REPAIR CALLS
ACI and BA will employ the following procedures for handling misdirected
repair calls:
18.2.1 ACI and BA will educate their respective Customers as to
the correct telephone numbers to call in order to access their respective repair
bureaus.
18.2.2 To the extent Party A is identifiable as the correct
provider of service to Customers that make misdirected repair calls to Party B,
Party B will immediately refer the Customers to the telephone number provided by
Party A, or to an information source that can provide the telephone number of
Party A, in a courteous manner and at no charge. In responding to
54
misdirected repair calls, neither Party shall make disparaging remarks about the
other Party, its services, rates, or service quality.
18.2.3 ACI and BA will provide their respective repair contact
numbers to one another on a reciprocal basis.
18.3 CUSTOMER AUTHORIZATION
18.3.1 Without in any way limiting either Party's obligations
under subsection 28.1, each Party shall comply with Applicable Laws with regard
to Customer selection of a primary Telephone Exchange Service provider. Until
the Commission and/or FCC adopts regulations and/or orders applicable to
Customer selection of a primary Telephone Exchange Service provider, each Party
shall adhere to the rules and procedures set forth in Section 64.1100 of the FCC
Rules, 47 CFR Section 64.1100, in effect on the Effective Date hereof when
ordering, terminating, or otherwise changing Telephone Exchange Service on
behalf of the other Party's or another carrier's Customers.
18.3.2 In the event either Party requests that the other Party
install, provide, change, or terminate a Customer's Telecommunications Service
(including, but not limited to, a Customer's selection of a primary Telephone
Exchange Service Provider) and (a) fails to provide documentary evidence of the
Customer's primary Telephone Exchange Service Provider selection upon request,
or (b) without having obtained authorization from the Customer for such
installation, provision, selection, change or termination in accordance with
Applicable Laws (or as provided in subsection 18.3.1 above), the requesting
Party shall be liable to the other Party for all charges that would be
applicable to the Customer for the initial change in the Customer's
Telecommunications Service and any charges for restoring the Customer's
Telecommunications Service to its Customer-authorized condition, including to
the appropriate primary Telephone Exchange Service provider.
18.3.3 Without in any way limiting ACI's obligations under
subsection 28.1, the Parties shall comply with Applicable Laws with regard to
Customer Proprietary Network Information, including, but not limited to, 47
U.S.C. Section 222. Neither Party shall access (including, but not limited to,
through OSS Services (as defined in Schedule 12.3) and Pre-OSS Services), use,
or disclose Customer Proprietary Network Information made available to it by the
other Party pursuant to this Agreement, expect as permitted by Applicable Law,
as required by a court or agency pursuant to legal process, or where the
accessing Party has obtained any Customer authorization for such access, use
and/or disclosure required by Applicable Laws. By accessing, using or
disclosing Customer Proprietary Network Information, the Parties represent and
warrant that they have obtained authorization for such action from the
applicable Customer in the manner required by Applicable Laws and this
Agreement. Each Party shall, upon request by the other Party, provide proof
of such authorization (including a copy of any written authorization).
55
18.3.4 BA shall have the right to monitor and/or audit ACI's
access to and use and/or disclosure of Customer Proprietary Network Information
that is made available by BA to ACI pursuant to this Agreement to ascertain
whether ACI is complying with the requirements of Applicable Laws and this
Agreement with regard to such access, use, and/or disclosure. To the extent
permitted by Applicable Laws, the foregoing right shall include, but not be
limited to, the right to electronically monitor ACI's access to and use of
Customer Proprietary Network Information that is made available by BA to ACI
pursuant to this Agreement.
19.0 DIRECTORY SERVICES ARRANGEMENTS
19.1 DIRECTORY LISTINGS AND DIRECTORY DISTRIBUTIONS
In this subsection 19.1, references to a ACI Customer's "primary listing"
shall mean such Customer's primary name, address, and telephone number, which
number falls within the NXX codes directly assigned to ACI or is retained by ACI
on the Customer's behalf pursuant to LTNP arrangements with BA or any other
carrier within the geographic area covered in the relevant BA directory. BA
will, upon request, provide the following directory services to ACI in
accordance with the terms set forth herein.
19.1.1 BA will include the ACI Customer's primary listing in its
"White Pages" directory (residence and business listings) and "Yellow Pages"
directory (business listings) that cover the address of the Customer. Listings
of ACI's Customers will be interfiled with listings of BA's Customers and the
Customers of other LECs included in the BA directories. ACI will pay BA a
non-recurring charge as set forth in Exhibit A for providing such service for
each ACI Customer's primary listing. ACI will also pay BA's Tariffed charges,
as the case may be, for additional and foreign white page listings and other
white pages services for ACI's Customers. BA will not require a minimum number
of listings per order.
19.1.2 BA will also include the ACI Customer's primary listing in
BA's directory assistance database on the same basis that BA's own Customers are
included, as well as in any electronic directories in which BA's Customers are
ordinarily included, for no charge other than the charges identified in
subsection 19.1.1.
19.1.3 BA will distribute to ACI Customers copies of their
primary white pages and yellow pages directories at the same time and on the
same basis that BA distributes primary directories to its own Customers. BA
will also deliver a reasonable number of such directories to ACI. These
distributions will be made for no additional charge. ACI and its Customers may
request additional directories from BA's Directory Fulfillment Centers, which
Centers will provide such additional directories for the same charges applicable
to comparable requests by BA Customers.
56
19.1.4 Upon request by ACI, BA will provide ACI with a directory
list of relevant NXX codes, the close dates, publishing data, and call guide
close dates on the same basis as such information is provided to BA's own
business offices.
19.1.5 ACI shall provide BA with daily listing information on all
new ACI Customers in the format required by BA or a mutually-agreed upon
industry standard format. The information shall include the Customer's name,
address, telephone number, the delivery address and number of directories to be
delivered, and, in the case of a business listing, the primary business heading
under which the business Customer desires to be placed, and any other
information necessary for the publication and delivery of directories. ACI will
also provide BA with daily listing information showing Customers that have
disconnected or terminated their service with ACI. BA will provide ACI with
confirmation of listing order activity within forty eight (48) hours.
19.1.6 BA will accord ACI's directory listing information the
same level of confidentiality which BA accords its own directory listing
information, and BA shall ensure that access to ACI's directory listing
information will be used solely for the purpose of providing directory services;
provided, however, that BA may use or license information contained in its
directory listings for direct marketing purposes so long as the ACI Customers
are not separately identified as such; and provided further that ACI may
identify those of its Customers that request that their names not be sold for
direct marketing purposes, and BA will honor such requests to the same extent as
it does for its own Customers.
19.1.7 Both Parties shall use their best efforts to ensure the
accurate listing of ACI Customer listings. BA will also provide ACI, upon
request, a copy of the BA listings standards and specifications manual. In
addition, BA will provide ACI with a listing of Yellow Pages headings and
directory close schedules on an ongoing basis.
19.1.8 ACI will adhere to all practices, standards, and ethical
requirements of BA with regard to listings, and, by providing BA with listing
information, warrants to BA that ACI has the right to place such listings on
behalf of its Customers. ACI agrees that it will undertake commercially
practicable and reasonable steps to attempt to ensure that any business or
person to be listed is authorized and has the right (i) to provide the product
or service offered, and (ii) to use any personal or corporate name, trade name
or language used in the listing. In addition, ACI agrees to release, defend,
hold harmless and indemnify BA from and against any and all claims, losses,
damages, suits, or other actions, or any liability whatsoever, suffered, made,
instituted, or asserted by any person arising out of BA's listing of the listing
information provided by ACI hereunder.
19.1.9 BA's liability to ACI in the event of a BA error in or
omission of a listing shall not exceed the amount of charges actually paid by
ACI for such listing. In addition, ACI agrees to take, with respect to its own
Customers, all reasonable steps to ensure that its and BA's liability to ACI's
Customers in the event of a BA error in or omission of a listing shall be
subject to the same limitations that BA's liability to its own Customers are
subject to.
57
19.1.10 Within thirty (30) business days of the Effective Date,
BA agrees to meet with ACI and, if appropriate, arrange a meeting with a BA
authorized Yellow Pages agent, to address issues regarding ACI customer
referrals or questions pertaining to Yellow Pages listings.
19.2 YELLOW PAGES MAINTENANCE
The Parties agree to work cooperatively to ensure that Yellow Page
advertisements purchased by Customers that switch their service to ACI
(including Customers utilizing ACI-assigned telephone numbers and ACI Customers
utilizing LTNP) are maintained without interruption. BA will offer Yellow Pages
services to ACI Customers on the same basis as they are offered to BA Customers.
19.3 SERVICE INFORMATION PAGES
BA will include all ACI NXX codes associated with the areas to which each
directory pertains, along with BA's own NXX codes, in any lists of such codes
which are contained in the general reference portions of the directories. ACI's
NXX codes shall appear in such lists in the same manner as BA's NXX information.
In addition, BA will include in the "Customer Guide" or comparable section of
the applicable white pages directories listings provided by ACI for ACI's
installation, repair and customer service and other essential service oriented
information, as agreed by the Parties, including appropriate identifying logo.
Such listings shall appear in the manner agreed to by the Parties. BA shall not
charge ACI for inclusion of this essential service-oriented information, but
reserves the right to impose charges on other information ACI may elect to
submit and BA may elect to accept for inclusion in BA's white pages directories.
BA will provide ACI with the annual directory close dates and reasonable notice
of any changes in said dates.
19.4 DIRECTORY ASSISTANCE (DA); CALL COMPLETION
19.4.1 Upon request, BA will provide ACI with directory
assistance, connect request, and/or IntraLATA call completion services in
accordance with the terms set forth in the Directory Assistance and Call
Completion Services Agreement appended hereto as Exhibit C.
19.4.2 Also upon request, BA will provide to ACI operator
services trunk groups, utilizing Feature Group D type signaling, with ANI, minus
OZZ, when interconnecting to the BA operator services network.
19.4.3 BA agrees to utilize existing trunking arrangements, at no
facility charge to ACI, to transfer ACI's operator calls handled by a BA
operator to the appropriate 911/E911 PSAP. The ALI information passed to the
PSAP shall be consistent with the information that BA passes on its own
operator-handled calls.
19.4.4 At the request of ACI, BA will provide ACI with "Direct
Access" service to the same directory assistance ("DA") database that is used by
BA to provide directory assistance to BA Customers. Direct Access will enable
ACI's operator bureau, if ACI elects to
58
provide its own DA services, to obtain direct electronic access to the DA
database for the purpose of providing intraLATA directory assistance to ACI
Customers. ACI may search and read DA database information at the per query
rates specified in Exhibit A. BA will furnish ports for connection and
termination of ACI facilities to the DA database system. The type of ports and
associated charges will be based on the type of access configuration required by
ACI for termination of its facilities. The number of ports provided at the
database will be based on ACI's annual forecast of "Busy Hour" queries. At the
request of ACI, BA will also accept electronic transmission of ACI Customer DA
information for inclusion in the DA database.
20.0 COORDINATION WITH TARIFF TERMS
20.1 The Parties acknowledge that some of the services, facilities, and
arrangements described herein are or will be available under and subject to the
terms of the federal or state tariffs of the other Party applicable to such
services, facilities, and arrangements. To the extent a Tariff of the providing
Party applies to any service, facility, and arrangement described herein, the
Parties agree as follows:
20.1.1 Those rates and charges set forth in Exhibit A for the
services, facilities, and arrangements described herein that reference or are
identical to a rate contained in an existing Tariff of the providing Party,
shall conform with those contained in the then-prevailing Tariff and vary in
accordance with any changes that may be made to the Tariff rates and charges
subsequent to the Effective Date.
20.1.2 As applied to wholesale discount rates, unbundled Network
Elements or call transport and/or termination of Local Traffic purchased for the
provision of Telephone Exchange Service or Exchange Access, the rates and
charges set forth in Exhibit A shall apply until such time as they are replaced
by new rates as may be approved by the Commission from time to time pursuant to
the FCC Regulations, subject to a stay or other order issued by any court of
competent jurisdiction. At such time(s) as such new rates have been approved by
the Commission, the Parties shall amend Exhibit A to reflect the new approved
rates.
20.2 Except with respect to the rates and charges described in
subsection 20.1 above, all other terms contained in an applicable Tariff of the
providing Party shall apply in connection with its provision of the particular
service, facility, and arrangement hereunder, except where such terms conflict
with the provisions of this Agreement, in which case the Agreement shall
control.
21.0 INSURANCE
21.1 ACI shall maintain, during the term of this Agreement, all
insurance and/or bonds required by law and necessary to satisfy its obligations
under this Agreement, including, without limitation, its obligations set forth
in Section 25 hereof. At a minimum and without limiting the foregoing covenant,
ACI shall maintain the following insurance:
59
(a) Commercial General Liability Insurance, on an occurrence
basis, including but not limited to, premises-operations, broad form
property damage, products/completed operations, contractual liability,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
(b) Automobile Liability, Comprehensive Form, with limits of at
least $500,000 combined single limit for each occurrence.
(c) Excess Liability, in the umbrella form, with limits of at
least $10,000,000 combined single limit for each occurrence.
(d) Worker's Compensation Insurance as required by law and
Employer's Liability Insurance with limits of not less than $1,000,000
per occurrence.
21.2 ACI shall name BA as an additional insured on the foregoing
insurance.
21.3 ACI shall, within two (2) weeks of the date hereof and on a
semi-annual basis thereafter, furnish certificates or other adequate proof of
the foregoing insurance. The certificates or other proof of the foregoing
insurance shall be sent to: Xxxx Atlantic, Insurance Administration Group, 0000
X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx, Xxxxxxxxx, Xxxxxxxx, 00000. In addition, ACI
shall require its agents, representatives, or contractors, if any, that may
enter upon the premises of BA or BA's affiliated companies to maintain similar
and appropriate insurance and, if requested, to furnish BA certificates or other
adequate proof of such insurance. Certificates furnished by ACI or ACI's
agents, representatives, or contractors shall contain a clause stating: "Xxxx
Atlantic - Pennsylvania, Inc. shall be notified in writing at least thirty (30)
days prior to cancellation of, or any material change in, the insurance."
22.0 TERM AND TERMINATION.
22.1 This Agreement shall be effective as of the date first above
written and continue in effect until December 31, 1999, and
thereafter the Agreement shall continue in force and effect unless
and until terminated as provided herein. Upon the expiration of
the initial term, either Party may terminate this Agreement by
providing written notice of termination to the other Party, such
written notice to be provided at least ninety (90) days in advance
of the date of termination. In the event of such termination,
those service arrangements made available under this Agreement and
existing at the time of termination shall continue without
interruption under (a) a new agreement executed by the Parties,
(b) standard Interconnection terms and conditions approved and
made generally effective by the Commission, (c) Tariff terms and
conditions generally available to CLECs, or (d) if none of the
above is available, under the terms of this Agreement on a
month-to-month basis until such time as (a), (b), or (c) becomes
available.
60
22.1.1 This Agreement shall be effective between the Parties as of the
Effective Date, notwithstanding the pendency of Commission approval of
this Agreement.
22.2 For service arrangements made available under this Agreement
and existing at the time of termination, if the standard Interconnection
terms and conditions or Tariff terms and conditions result in the
non-terminating Party physically rearranging facilities or incurring
programming expense, the non-terminating Party shall be entitled to recover
such rearrangement or programming costs from the terminating Party. By
mutual agreement, the Parties may jointly petition the appropriate regulatory
bodies for permission to have this Agreement supersede any rules as such
regulators might adopt or approve.
22.3 If either Party defaults in the payment of any amount due
hereunder, or if either Party violates any other provision of this Agreement,
and such default or violation shall continue for sixty (60) days after
written notice thereof, the other Party may terminate this Agreement and
services hereunder by written notice; provided the other Party has provided
the defaulting Party and the appropriate federal and/or state regulatory
bodies with written notice at least twenty five (25) days' prior to
terminating service. Notice shall be posted by overnight mail, return receipt
requested. If the defaulting Party cures the default or violation within the
twenty five (25) day period, the other Party will not terminate service or
this Agreement but shall be entitled to recover all costs, if any, incurred
by it in connection with the default or violation, including, without
limitation, costs incurred to prepare for the termination of service.
23.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NEITHER PARTY MAKES
ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, FUNCTIONS AND
PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND THE PARTIES
DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.
24.0 CANCELLATION CHARGES
Except as provided in this Agreement or as otherwise provided in any
applicable Tariff, no cancellation charges shall apply.
61
25.0 INDEMNIFICATION
25.1 Each Party agrees to release, indemnify, defend and hold harmless
the other Party from and against all losses, claims, demands, damages, expenses,
suits or other actions, or any liability whatsoever, including, but not limited
to, costs and attorneys' fees (collectively, a "Loss"), (a) whether suffered,
made, instituted, or asserted by any other party or person, relating to personal
injury to or death of any person, or for loss, damage to, or destruction of real
and/or personal property, whether or not owned by others, arising from
transactions or activities relating to this Agreement and to the extent
proximately caused by the negligent or willful acts or omissions of the
indemnifying Party, regardless of the form of action, or (b) suffered, made,
instituted, or asserted by its own customer(s) against the other Party arising
out of the other Party's provision of services to the indemnifying Party under
this Agreement. Notwithstanding the foregoing indemnification, nothing in this
Section 25.0 shall affect or limit any claims, remedies, or other actions the
indemnifying Party may have against the indemnified Party under this Agreement,
any other contract, or any applicable Tariff(s), regulations or laws for the
indemnified Party's provision of said services.
25.2 The indemnification provided herein shall be conditioned upon:
(a) The indemnified Party shall promptly notify the
indemnifying Party of any action taken against the indemnified Party
relating to the indemnification.
(b) The indemnifying Party shall have sole authority to defend
any such action, including the selection of legal counsel, and the
indemnified Party may engage separate legal counsel only at its sole cost
and expense.
(c) In no event shall the indemnifying Party settle or consent
to any judgment pertaining to any such action without the prior written
consent of the indemnified Party, which consent shall not be unreasonably
withheld. However, in the event the settlement or judgment requires a
contribution from or affects the rights of the Indemnified Party, the
Indemnified Party shall have the right to refuse such settlement or
judgment and, at its own cost and expense, take over the defense against
such Loss, provided that in such event the indemnifying Party shall not
be responsible for, nor shall it be obligated to indemnify the
indemnified Party against, the Loss for any amount in excess of such
refused settlement or judgment.
(d) The indemnified Party shall, in all cases, assert any and
all provisions in its Tariffs that limit liability to third parties as a
bar to any recovery by the third party claimant in excess of such
limitation of liability.
(e) The indemnified Party shall offer the indemnifying Party
all reasonable cooperation and assistance in the defense of any such
action.
62
26.0 LIMITATION OF LIABILITY
26.1 The liability of either Party to the other Party for damages
arising out of failure to comply with a direction to install, restore or
terminate facilities; or out of failures, mistakes, omissions, interruptions,
delays, errors, or defects (collectively, "Errors") occurring in the course of
furnishing any services, arrangements, or facilities hereunder shall be
determined in accordance with the terms of the applicable tariff(s) of the
providing Party. In the event no tariff(s) apply, the providing Party's
liability for such Errors shall not exceed an amount equal to the pro rata
monthly charge for the period in which such failures, mistakes, omissions,
interruptions, delays, errors or defects occur. Absent willful misconduct,
recovery of said amount shall be the injured Party's sole and exclusive remedy
against the providing Party for such failures, mistakes, omissions,
interruptions, delays, errors or defects.
26.2 Neither Party shall be liable to the other in connection with the
provision or use of services offered under this Agreement for indirect,
incidental, consequential, reliance or special damages, including (without
limitation) damages for lost profits (collectively, "Consequential Damages"),
regardless of the form of action, whether in contract, warranty, strict
liability, or tort, including, without limitation, negligence of any kind, even
if the other Party has been advised of the possibility of such damages;
provided, that neither Party's liability shall be limited for willful
misconduct; and, provided further that the foregoing shall not limit a Party's
obligation under Section 25.
26.3 The Parties agree that neither Party shall be liable to the
customers of the other Party in connection with its provision of services to the
other Party under this Agreement. Nothing in this Agreement shall be deemed to
create a third party beneficiary relationship between the Party providing the
service and the customers of the Party purchasing the service. In the event of
a dispute involving both Parties with a customer of one Party, both Parties
shall assert the applicability of any limitations on liability to customers that
may be contained in either Party's applicable Tariff(s).
27.0 PERFORMANCE STANDARDS FOR SPECIFIED ACTIVITIES
27.1 PERFORMANCE STANDARDS
BA shall provide the Interconnection and unbundled Network Elements
contemplated hereunder in accordance with the performance standards set forth in
Section 251(c) of the Act and the FCC Regulations, including without limitation
the rules set forth in 47 Code of Federal Regulations Sections 51.305(a)(3),
51.305(a)(5), 51.311(a), 51.311(b), and 51.313(b).
27.2 PERFORMANCE MONITORING REPORTS, STANDARDS AND REMEDIES
63
27.2.1 Schedule 27.0, Performance Monitoring Reports, Standards
and Remedies, is made a part of this Agreement and incorporated herein in its
entirety. The Parties acknowledge that Schedule 27.0 does not provide for
intervals, reports or standards including xDSL loops and intend that such
intervals, reports and standards will be developed in the future.
27.3 PERFORMANCE REMEDIES
The question of what remedies or other action might be appropriate in any
situation where ACI believes, based on a statistically significant number of
reports described above, that Xxxx Atlantic is not complying with the
performance standards referenced in subsection 27.1 above shall be resolved, in
the first instance, through negotiations between the Parties and, failing prompt
and successful negotiations, through the complaint processes of the Commission,
the FCC, or a court of competent jurisdiction. BA agrees to join ACI in
encouraging the Commission to develop expedited procedures for the resolution of
any performance-related complaints.
28.0 COMPLIANCE WITH LAWS; REGULATORY APPROVAL
28.1 Each Party represents and warrants that it is now and will remain
in compliance with all Applicable Laws. Each Party shall promptly notify the
other Party in writing of any governmental action that suspends, cancels,
withdraws, limits, or otherwise materially affects its ability to perform its
obligations hereunder.
28.2 The Parties understand and agree that this Agreement will be
filed with the Commission and may thereafter be filed with the FCC as an
integral part of BA's application pursuant to Section 271(d) of the Act. The
Parties agree this Agreement was negotiated to satisfy obligations imposed by
Section 251 of the Act. Each Party covenants and agrees to fully support
approval of this Agreement by the Commission or the FCC under Section 252 of
the Act without modification. The Parties, however, reserve the right to
seek regulatory relief and otherwise seek redress from each other regarding
performance and implementation of this Agreement, including, without
limitation, the conformance of this Agreement to the FCC Regulations as
provided in subsection 28.3 below.
28.3 The Parties recognize that the FCC has issued and may continue to
issue the FCC Regulations implementing Sections 251, 252, and 271 of the Act
that affect certain terms contained in this Agreement. In the event that any
one or more of the provisions contained herein is inconsistent with any
applicable rule contained in such FCC Regulations or, in BA's reasonable
determination, affects BA's application pursuant to Section 271(d) of the Act,
the Parties agree to make only the minimum revisions necessary to eliminate the
inconsistency or amend the application-affecting provision(s). Such minimum
revisions shall not be considered material, and
64
shall not require further Commission approval (beyond any Commission approval
required under Section 252(e) of the Act).
28.4 In the event any Applicable Law other than the FCC Regulations
requires modification of any material term(s) contained in this Agreement,
either Party may require a renegotiation of the term(s) that require direct
modification as well as of any term(s) that are reasonably affected thereby. If
neither Party requests a renegotiation or if an Applicable Law requires
modification of any non-material term(s), then the Parties agree to make only
the minimum modifications necessary, and the remaining provisions of this
Agreement shall remain in full force and effect. For purposes of this
subsection 28.4 and without limitation of any other modifications required by
Applicable Laws, the Parties agree that any modification required by Applicable
Laws (i) to the two-tier Reciprocal Call Termination compensation structure for
the transport and termination of Local Traffic described in Exhibit A, or (ii)
that affects either Party's receipt of reciprocal compensation for the transport
and termination of Local Traffic, shall be deemed to be a modification of a
material term that requires immediate good faith renegotiation between the
Parties. Until such renegotiation results in a new agreement or an amendment to
this Agreement between the Parties, the Parties agree that (a) in the case of
(i) above, they will pay each other appropriate transport charges in addition to
the usual call termination charge for Local Traffic that it delivers to the
other Party's Local Serving Wire Center, provided each Party continues to offer
the option of delivering Local Traffic to another IP in the LATA at the usual
call termination charge only, and (b) in the case of (ii) above, the Party whose
receipt of reciprocal compensation is affected shall not be obligated to pay the
other Party reciprocal compensation for the other Party's transport and
termination of the same kind of Local Traffic delivered by the affected Party in
excess of what the affected Party is permitted to receive and retain.
29.0 MISCELLANEOUS
29.1 AUTHORIZATION
29.1.1 BA is a corporation duly organized, validly existing and
in good standing under the laws of the Commonwealth of Pennsylvania and has full
power and authority to execute and deliver this Agreement and to perform the
obligations hereunder.
29.1.2 ACI is a corporation duly organized, validly existing and
in good standing under the laws of the State of Delaware, and has full power and
authority to execute and deliver this Agreement and to perform its obligations
hereunder.
29.2 INDEPENDENT CONTRACTOR
Each Party shall perform services hereunder as an independent contractor
and nothing herein shall be construed as creating any other relationship between
the Parties. Each Party and each Party's contractor shall be solely responsible
for the withholding or payment of all applicable federal, state and local income
taxes, social security taxes and other payroll taxes with
65
respect to their employees, as well as any taxes, contributions or other
obligations imposed by applicable state unemployment or workers' compensation
acts. Each Party has sole authority and responsibility to hire, fire and
otherwise control its employees.
29.3 FORCE MAJEURE
Neither Party shall be responsible for delays or failures in performance
resulting from acts or occurrences beyond the reasonable control of such Party,
regardless of whether such delays or failures in performance were foreseen or
foreseeable as of the date of this Agreement, including, without limitation:
adverse weather conditions, fire, explosion, power failure, acts of God, war,
revolution, civil commotion, or acts of public enemies; any law, order,
regulation, ordinance or requirement of any government or legal body; or labor
unrest, including, without limitation, strikes, slowdowns, picketing or
boycotts; or delays caused by the other Party or by other service or equipment
vendors; or any other circumstances beyond the Party's reasonable control. In
such event, the affected Party shall, upon giving prompt notice to the other
Party, be excused from such performance on a day-to-day basis to the extent of
such interferences (and the other Party shall likewise be excused from
performance of its obligations on a day-to-day basis to the extent such Party's
obligations relate to the performance so interfered with). The affected Party
shall use its best efforts to avoid or remove the cause(s) of non-performance
and both Parties shall proceed to perform with dispatch once the cause(s) are
removed or cease.
29.4 CONFIDENTIALITY
29.4.1 All information, including but not limited to
specification, microfilm, photocopies, magnetic disks, magnetic tapes, drawings,
sketches, models, samples, tools, technical information, data, employee records,
maps, financial reports, and market data, (i) furnished by one Party to the
other Party dealing with customer specific, facility specific, or usage specific
information, other than customer information communicated for the purpose of
publication or directory database inclusion, or (ii) obtained by one Party about
the other Party's Customers through use of operations support systems, and that
the receiving Party knows or has reason to know is Confidential information, or
(iii) in written, graphic, electromagnetic, or other tangible form and marked at
the time of delivery as "Confidential" or "Proprietary," or (iv) communicated
orally and declared to the receiving Party at the time of delivery to be
"Confidential" or "Proprietary" (collectively referred to as "Proprietary
Information"), shall remain the property of the disclosing Party.
29.4.2 Each Party shall keep all of the other Party's Proprietary
Information confidential in the same manner it holds its own Proprietary
Information confidential (which in all cases shall be no less than reasonable)
and shall use the other Party's Proprietary Information only for performing the
covenants contained in this Agreement. Neither Party shall use the other
Party's Proprietary Information for any other purpose, including access by BA's
retail operations, except as permitted by Applicable Law or upon such terms and
conditions as may be agreed upon between the Parties in writing.
66
29.4.3 Unless otherwise agreed, the obligations of
confidentiality and non-use set forth in this Agreement do not apply to such
Proprietary Information that:
(a) was, at the time of receipt, already known to the receiving
Party free of any obligation to keep it confidential as evidenced by
written records prepared prior to delivery by the disclosing Party; or
(b) is or becomes publicly known through no wrongful act of the
receiving Party; or
(c) is rightfully received from a third person having no direct
or indirect secrecy or confidentiality obligation to the disclosing Party
with respect to such information; or
(d) is independently developed by an employee, agent, or
contractor of the receiving Party that is not involved in any manner with
the provision of services pursuant to this Agreement and does not have
any direct or indirect access to the Proprietary Information; or
(e) is approved for release by written authorization of the
disclosing Party; or
(f) is required to be made public by the receiving Party
pursuant to applicable law or regulation, provided that the receiving
Party shall give sufficient notice of the requirement to the disclosing
Party to enable the disclosing Party to seek protective orders.
29.4.4 Upon request by the disclosing Party, the receiving Party
shall return all tangible copies of Proprietary Information, whether written,
graphic, electromagnetic or otherwise, except that the receiving Party may
retain one copy for archival purposes only.
29.4.5 Notwithstanding any other provision of this Agreement, the
provisions of this subsection 29.4 shall apply to all Proprietary Information
furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
29.4.6 Any breach by a Party or its employees, agents or
contractors, of the provisions of this section 29.4 shall be deemed a material
breach of the Agreement. The Parties agree that the Party whose information is
disclosed would be irreparably injured by such a breach of this section 29.4.
In addition, if a Party or its employee, agent or contractor any time breaches
this section 29.4 and such breach continues for more than ten (10) days after
written notice thereof from the other Party, then that other Party shall be
entitled to seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies shall not be deemed
to be the exclusive remedies for any such breach, but shll be in addition to any
other remedies available under this Agreement or at law or in equity.
29.5 CHOICE OF LAW
67
The construction, interpretation and performance of this Agreement shall
be governed by and construed in accordance with the laws of the state in which
this Agreement is to be performed, except for its conflicts of laws provisions.
In addition, insofar as and to the extent federal law may apply, federal law
will control.
29.6 TAXES
29.6.1 IN GENERAL. With respect to any purchase hereunder of
services, facilities or arrangements, if any federal, state or local tax, fee,
surcharge or other tax-like charge (a "Tax") is required or permitted by
Applicable Law to be collected from the purchasing Party by the providing Party,
then (i) the providing Party shall properly xxxx the purchasing Party for such
Tax, (ii) the purchasing Party shall timely remit such Tax to the providing
Party and (iii) the providing Party shall timely remit such collected Tax to the
applicable taxing authority.
29.6.2 TAXES IMPOSED ON THE PROVIDING PARTY With respect to any
purchase hereunder of services, facilities or arrangements, if any federal,
state or local Tax is imposed by Applicable Law on the receipts of the providing
Party, which Law permits the providing Party to exclude certain receipts
received from sales for resale to a public utility, distributor, telephone
company, local exchange carrier, telecommunications company or other
communications company ("Telecommunications Company"), such exclusion being
based solely on the fact that the purchasing Party is also subject to a tax
based upon receipts ("Receipts Tax"), then the purchasing Party (i) shall
provide the providing Party with notice in writing in accordance with subsection
29.6.6 of this Agreement of its intent to pay the Receipts Tax and (ii) shall
timely pay the Receipts Tax to the applicable tax authority.
29.6.3 TAXES IMPOSED ON CUSTOMERS With respect to any purchase
hereunder of services, facilities or arrangements that are resold to a third
party, if any federal, state or local Tax is imposed by Applicable Law on the
subscriber, end-user, Customer or ultimate consumer ("Subscriber") in connection
with any such purchase, which a Telecommunications Company is required to impose
and/or collect from a Subscriber, then the purchasing Party (i) shall be
required to impose and/or collect such Tax from the Subscriber and (ii) shall
timely remit such Tax to the applicable taxing authority.
29.6.4 LIABILITY FOR UNCOLLECTED TAX, INTEREST AND PENALTY If
the providing Party has not received an exemption certificate and fails to
collect any Tax as required by subsection 29.6.1, then, as between the providing
Party and the purchasing Party, (i) the purchasing Party shall remain liable for
such uncollected Tax and (ii) the providing Party shall be liable for any
interest assessed thereon and any penalty assessed with respect to such
uncollected Tax by such authority. If the providing Party properly bills the
purchasing Party for any Tax but the purchasing Party fails to remit such Tax to
the providing Party as required by subsection 29.6.1, then, as between the
providing Party and the purchasing Party, the purchasing Party shall be liable
for such uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the applicable taxing
authority. If the providing Party does not collect any Tax as required by
subsection 29.6.1 because the purchasing Party has
68
provided such providing Party with an exemption certificate that is later found
to be inadequate by a taxing authority, then, as between the providing Party and
the purchasing Party, the purchasing Party shall be liable for such uncollected
Tax and any interest assessed thereon, as well as any penalty assessed with
respect to such uncollected Tax by the applicable taxing authority. If the
purchasing Party fails to pay the Receipts Tax as required by subsection 29.6.2,
then, as between the providing Party and the purchasing Party, (x) the providing
Party shall be liable for any Tax imposed on its receipts and (y) the purchasing
Party shall be liable for any interest assessed thereon and any penalty assessed
upon the providing Party with respect to such Tax by such authority. If the
purchasing Party fails to impose and/or collect any Tax from Subscribers as
required by subsection 29.6.3, then, as between the providing Party and the
purchasing Party, the purchasing Party shall remain liable for such uncollected
Tax and any interest assessed thereon, as well as any penalty assessed with
respect to such uncollected Tax by the applicable taxing authority. With
respect to any Tax that the purchasing Party has agreed to pay, or is required
to impose on and/or collect from Subscribers, the purchasing Party agrees to
indemnify and hold the providing Party harmless on an after-tax basis for any
costs incurred by the providing Party as a result of actions taken by the
applicable taxing authority to recover the Tax from the providing Party due to
the failure of the purchasing Party to timely pay, or collect and timely remit,
such Tax to such authority. In the event either Party is audited by a taxing
authority, the other Party agrees to cooperate fully with the Party being
audited in order to respond to any audit inquiries in a proper and timely manner
so that the audit and/or any resulting controversy may be resolved
expeditiously.
29.6.5 TAX EXEMPTIONS AND EXEMPTION CERTIFICATES If Applicable
Law clearly exempts a purchase hereunder from a Tax, and if such Law also
provides an exemption procedure, such as an exemption-certificate requirement,
then, if the purchasing Party complies with such procedure, the providing Party
shall not collect such Tax during the effective period of such exemption. Such
exemption shall be effective upon receipt of the exemption certificate or
affidavit in accordance with the terms set forth in subsection 29.6.6. If
Applicable Law clearly exempts a purchase hereunder from a Tax, but does not
also provide an exemption procedure, then the providing Party shall not collect
such Tax if the purchasing Party (i) furnishes the providing Party with a letter
signed by an officer requesting such an exemption and citing the provision in
the Law which clearly allows such exemption and (ii) supplies the providing
Party with an indemnification agreement, reasonably acceptable to the providing
Party (E.G., an agreement commonly used in the industry), which holds the
providing Party harmless on an after-tax basis with respect to its forbearing to
collect such Tax.
29.6.6 If any discount or portion of a discount in price provided
to ACI under this Agreement (including, but not limited to, a wholesale discount
provided for in Exhibit A) is based on anticipated Tax savings to BA because it
was anticipated that receipts from sales of BA services that would otherwise be
subject to a Tax on such receipts could be excluded from such Tax under
Applicable Law because the BA services would be sold to ACI for resale, and BA
is, in fact, required by Applicable Law to pay such Tax on receipts from sales
of BA services to ACI, then, as between BA and ACI, ACI shall be liable for, and
shall indemnify and hold harmless BA against (on an after-tax basis), any such
Tax and any interest and/or penalty
69
assessed by the applicable taxing authority on either ACI or BA with respect to
the Tax on BA's receipts.
29.6.7 All notices, affidavits, exemption-certificates or other
communications required or permitted to be given by either Party to the other,
for purposes of this subsection 29.6, shall be made in writing and shall be
delivered in person or sent by certified mail, return receipt requested, or
registered mail, or a courier service providing proof of service, and sent to
the addressees set forth in subsection 29.10 as well as to the following:
To Xxxx Atlantic: Tax Administration
Xxxx Atlantic Network Services, Inc.
0000 Xxxx Xxxxxx
00xx Xxxxx
Xxxxxxxxxxxx, XX 00000
To ACI:
ACI Corp.
c/o Xxxxxxx Xxxxxxxx
0000 Xxxxxxx Xxxxx
Xxxxx 000
Xxx Xxxxx, XX 00000
Either Party may from time to time designate another address or other addressees
by giving notice is accordance with the terms of this subsection 29.6. Any
notice or other communication shall be deemed to be given when received.
29.7 ASSIGNMENT
Either Party may assign this Agreement or any of its rights or
obligations hereunder to a third party, including, without limitation, its
parent or other affiliate, with the other Party's prior written consent, which
consent shall not be unreasonably withheld upon the provision of reasonable
evidence by the proposed assignee that it has the resources, ability, and
authority to provide satisfactory performance under this Agreement. Any
assignment or delegation in violation of this subsection 29.7 shall be void and
ineffective and constitute a default of this Agreement.
29.8 BILLING AND PAYMENT; DISPUTED AMOUNTS
29.8.1 Except as may otherwise be provided in this Agreement, or
as otherwise expressly agreed in writing by the Parties, each Party shall submit
on a monthly basis an itemized statement of charges incurred by the other Party
during the preceding month(s) for services rendered hereunder. Payment of
billed amounts under this Agreement, whether billed on a monthly basis or as
otherwise provided herein, shall be due, in immediately available U.S. funds,
within thirty (30) calendar days of the xxxx date or within twenty (20)
calendar days from the receipt of the xxxx, whichever is longer.
70
29.8.2 Although it is the intent of both Parties to submit timely
and accurate statements of charges, failure by either Party to present
statements to the other Party in a timely manner shall not constitute a breach
or default, or a waiver of the right to payment of the incurred charges, by the
billing Party under this Agreement, and the billed Party shall not be entitled
to dispute the billing Party's statement(s) based on such Party's failure to
submit them in a timely fashion.
29.8.3 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a BONA FIDE dispute between the
Parties, the Party billed (the "Non-Paying Party") shall within sixty (60) days
of its receipt of the invoice containing such disputed amount give notice to the
Billing Party of the amounts it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The
Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing
Party and (ii) the Disputed Amount up to the higher of $10,000 or 50% of the
Disputed Amount into an interest bearing escrow account with a third party
escrow agent mutually agreed upon by the Parties. The remaining balance of the
Disputed Amount not placed into escrow shall thereafter be paid, if appropriate,
upon final determination of such dispute.
29.8.4 If the Parties are unable to resolve the issues related to
the Disputed Amounts in the normal course of business within ninety (90) days
after delivery to the Billing Party of notice of the Disputed Amounts, each of
the Parties shall appoint a designated representative that has authority to
settle the dispute and that is at a higher level of management than the persons
with direct responsibility for administration of this Agreement. The designated
representatives shall meet as often as they reasonably deem necessary in order
to discuss the dispute and negotiate in good faith in an effort to resolve such
dispute. The specific format for such discussions will be left to the
discretion of the designated representatives, however all reasonable requests
for relevant information made by one Party to the other Party shall be honored.
29.8.5 If the Parties are unable to resolve issues related to the
Disputed Amounts within forty-five (45) days after the Parties' appointment of
designated representatives pursuant to subsection 29.8.4, or if either Party
fails to appoint a designated representative within forty five (45) days, then
either Party may file a complaint with the Commission to resolve such issues or
proceed with any other remedy pursuant to law or equity. The Commission may
direct release of any or all funds (including any accrued interest) in the
escrow account, plus applicable late fees, to be paid to either Party.
29.8.6 The Parties agree that all negotiations pursuant to this
subsection 29.8 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence.
29.8.7 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and
one-half percent (1-1/2%) per month or (ii) the highest rate of interest that
may be charged under applicable law.
71
29.9 DISPUTE RESOLUTION
Any dispute between the Parties regarding the interpretation or
enforcement of this Agreement or any of its terms shall be addressed by good
faith negotiation between the Parties, in the first instance. Should such
negotiations fail to resolve the dispute in a reasonable time, either Party may
initiate an appropriate action in any regulatory or judicial forum of competent
jurisdiction or such other dispute resolution mechanisms as the Parties may
agree. During any such negotiation or action, each Party shall continue to
perform its obligations under this Agreement; provided, however, that neither
Party shall be required to act in an unlawful fashion.
29.10 NOTICES
Except as otherwise provided in this Agreement, notices given by one
Party to the other Party under this Agreement shall be in writing and shall be
(a) delivered personally, (b) delivered by express delivery service, (c) mailed,
certified mail or first class U.S. mail postage prepaid, return receipt
requested, or (d) delivered by telecopy to the following addresses of the
Parties:
To ACI: ACI Corp.
c/o Xxxxxxx Xxxxxxxxxx
Xxxxxxxxxx and Xxxxx
0000 X. Xxxxxx, X.X.
Xxxxx 000
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000
Fax: 000-000-0000
To BA: Director - Interconnection Services
Xxxx Atlantic Network Services, Inc.
0000 X. Xxxxxxxxxx Xxxx
0xx Xxxxx
Xxxxxxxxx, XX 00000
Facsimile: 703/974-2183
with a copy to:
Vice President and General Counsel
Xxxx Atlantic - Pennsylvania, Inc.
0000 Xxxx Xxxxxx
00xx Xxxxx
Xxxxxxxxxxxx, XX 00000
Facsimile: 215/563-2658
72
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next business day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail, or (iv) on the date set forth on the confirmation in the
case of telecopy.
29.11 SECTION 252(i) OBLIGATIONS
29.11.1 To the extent , and only to the extent, required under
Applicable Law, BA shall make available without unreasonable delay to ACI any
individual interconnection, service or network element contained in any
agreement to which BA is a party that is approved by the Commission pursuant to
Section 252 of the Act, upon the same rates, terms and conditions, as those
provided in such agreement. In addition, BA shall make available to ACI without
unreasonable delay to ACI any individual interconnection, services or network
elements not provided for in this Agreement, that is contained in any Agreement
to which BA is a party and that has been approved by the Commission pursuant to
Section 252 of the Act, upon the same rates, terms, and conditions as those
provided in such agreement. BA agrees to notify ACI on a quarterly basis via an
"all users of access" letter or similar written notice or by providing
information on a publicly available BA Internet website of any such agreement
once BA has filed it with the Commission for approval.
29.11.2 To the extent the exercise of the foregoing options
requires a rearrangement of facilities by the providing Party, the opting Party
shall be liable for the non-recurring charges associated therewith.
29.11.3 The Party electing to exercise such option shall do so by
delivering written notice to the first Party. Upon receipt of said notice by
the first Party, the Parties shall amend this Agreement to provide the same
rates, terms and conditions to the notifying Party for the remaining term of
this Agreement; provided, however, that the Party exercising its option under
this subsection 29.11 must continue to provide the same services or arrangements
to the first Party as required by this Agreement, subject either to the rates,
terms, and conditions applicable to the first Party in its agreement with the
third party or to the rates, terms, and conditions of this Agreement, whichever
is more favorable to the first Party in its sole determination.
29.11.4 BA represents and warrants that, as of the date of this
Agreement, it has not entered into any comparable Interconnection agreement with
any other CLEC in BA's service territory that is significantly more favorable
than the terms contained herein. BA makes no warranty or representation with
respect to its Interconnection arrangements with its affiliates or ITCs.
29.12 JOINT WORK PRODUCT
Certain of the provisions in this Agreement are the joint work product of
the parties and have been negotiated by the parties and their respective counsel
and those provisions shall be
73
fairly interpreted in accordance with its terms and, in the event of any
ambiguities, no inferences shall be drawn against either Party.
29.13 NO THIRD PARTY BENEFICIARIES; DISCLAIMER OF AGENCY
This Agreement is for the sole benefit of the Parties and their permitted
assigns, and nothing herein express or implied shall create or be construed to
create any third-party beneficiary rights hereunder. Except for provisions
herein expressly authorizing a Party to act for another, nothing in this
Agreement shall constitute a Party as a legal representative or agent of the
other Party, nor shall a Party have the right or authority to assume, create or
incur any liability or any obligation of any kind, express or implied, against
or in the name or on behalf of the other Party unless otherwise expressly
permitted by such other Party. Except as otherwise expressly provided in this
Agreement, no Party undertakes to perform any obligation of the other Party,
whether regulatory or contractual, or to assume any responsibility for the
management of the other Party's business.
29.14 NO LICENSE
29.14.1 Except as may be expressly provided herein, nothing in
this Agreement shall be construed as the grant of a license with respect to any
patent, copyright, trademark, trade name, trade secret or any other proprietary
or intellectual property now or hereafter owned, controlled or licensable by
either Party. Neither Party may use any patent, copyrightable materials,
trademark, trade name, trade secret or other intellectual property right of the
other Party except in accordance with the terms of a separate license agreement
between the Parties granting such rights.
29.14.2 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 Party or its
customers 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 of any facilities by either Party under this Agreement, alone or in
combination with that of the other Party, constitutes direct, vicarious or
contributory infringement or inducement to infringe, misuse or misappropriation
of any patent, copyright, trademark, trade secret, or any other proprietary or
intellectual property right of any Party or third party. Each Party, however,
shall offer to the other reasonable cooperation and assistance in the defense of
any such claim.
29.14.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST,
ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE USE BY THE PARTIES OF THE OTHER'S
FACILITIES, ARRANGEMENTS, OR SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT
GIVE RISE TO A CLAIM BY ANY THIRD PARTY OF INFRINGEMENT, MISUSE, OR
MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT OF SUCH THIRD PARTY.
74
29.15 TECHNOLOGY UPGRADES
Nothing in this Agreement shall limit BA's ability to upgrade its network
through the incorporation of new equipment, new software or otherwise. BA shall
provide ACI written notice at least ninety (90) days prior to the incorporation
of any such upgrades in BA's network that will materially affect ACI's service,
and shall exercise reasonable efforts to provide at least one hundred eighty
(180) days notice where practicable. In addition, BA shall comply with the FCC
Network Disclosure rules set forth in the FCC Regulations to the extent
applicable. ACI shall be solely responsible for the cost and effort of
accommodating such changes in its own network.
29.16 SURVIVAL
The Parties' obligations under this Agreement which by their nature are
intended to continue beyond the termination or expiration of this Agreement
shall survive the termination or expiration of this Agreement.
29.17 ENTIRE AGREEMENT
The terms contained in this Agreement and any Schedules, Exhibits,
tariffs and other documents or instruments referred to herein, which are
incorporated into this Agreement by this reference, constitute the entire
agreement between the Parties with respect to the subject matter hereof,
superseding all prior understandings, proposals and other communications, oral
or written. Neither Party shall be bound by any preprinted terms additional to
or different from those in this Agreement that may appear subsequently in the
other Party's form documents, purchase orders, quotations, acknowledgments,
invoices or other communications.
29.18 COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one and
the same instrument.
29.19 MODIFICATION, AMENDMENT, SUPPLEMENT, OR WAIVER
No modification, amendment, supplement to, or waiver of the Agreement or
any of its provisions shall be effective and binding upon the Parties unless it
is made in writing and duly signed by the Parties. A failure or delay of either
Party to enforce any of the provisions hereof, to exercise any option which is
herein provided, or to require performance of any of the provisions hereof shall
in no way be construed to be a waiver of such provisions or options.
29.20 SEVERABILITY
If any term, condition or provision of this Agreement is held to be
invalid or unenforceable for any reason, such invalidity or unenforceability
shall not invalidate the entire Agreement (unless
75
such construction would be unreasonable), and the Agreement shall be construed
as if it did not contain the invalid or unenforceable provision or provisions,
and the rights and obligations of each Party construed and enforced accordingly.
29.21 SUCCESSORS AND ASSIGNS
This Agreement shall be binding on and inure to the benefit of the
Parties and their respective legal successors and permitted assigns.
29.22 PUBLICITY
Neither Party shall use the name of the other Party in connection with
this Agreement in a press release or statement without the prior consent of the
other Party, which consent shall not be unreasonably withheld.
29.23 GOOD FAITH PERFORMANCE
In the performance of their obligations under this Agreement, the Parties
shall cooperate fully and act in good faith and consistently with the intent of
the Act. Where notice, approval or similar action by a Party is permitted or
required by any provision of this Agreement (including, without limitation the
obligation of the Parties to further negotiate the resolution of new or open
issues under this Agreement), such action shall not be unreasonably delayed,
withheld or conditioned.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 5th day of June, 1998.
ACI CORP. XXXX ATLANTIC-
PENNSYLVANIA, INC.
By: /s/ Xxxxxx X. X'Xxxxxx By: /s/ X. Xxxxxxxx
------------------------- -------------------------
Printed: Xxxxxx X. X'Xxxxxx Printed: X. Xxxxxxxx
-------------------- --------------------
Title: VP and GM Title: President -- TLS
---------------------- ----------------------
76
SCHEDULE 1.0
[INTENTIONALLY LEFT BLANK BY MUTUAL AGREEMENT OF THE PARTIES]
1
SCHEDULE 3.0
INITIAL NETWORK IMPLEMENTATION SCHEDULE FOR BA-PA
In accordance with the provisions of Section 3 of the Agreement, the
Parties shall make their best efforts to meet the following initial Milestones
no later than the listed Dates.
--------------------------------------------------------------------------------
LATA IN BA-PA MILESTONE DATE
--------------------------------------------------------------------------------
LATA ___ LATA Start Date TBD
-----------------------------------------------------------
SS7 Certification, Collocation, Operator TBD
Services/DA Facilities, and NXX(s) Applied For
-----------------------------------------------------------
Parties Agree on Trunking Arrangements for Traffic TBD
Exchange
-----------------------------------------------------------
Valid Access Service Request(s) ("ASRs") for TBD
Traffic Exchange Trunk Groups and Routing
Information Received by BA
-----------------------------------------------------------
Valid Orders for 911 Facilities Received by BA TBD
-----------------------------------------------------------
All Trunks (Traffic Exchange, Operator TBD
Services/DA, 911) Tested and Turned Up
-----------------------------------------------------------
SS7 Certification Achieved;(1) Collocation TBD
Arrangements Complete for Trunk Interconnection
and Access to Network Elements(2)
-----------------------------------------------------------
Arrangements for Alternate-Billed Calls Agreed TBD
Upon
-----------------------------------------------------------
Call-through Testing Completed; "Interconnection TBD
Activation Date"
--------------------------------------------------------------------------------
Failure of a Party or the Parties to meet an earlier Milestone Date shall
not relieve either Party of the responsibility to make its best efforts to meet
subsequent Milestone Date(s) in the LATA, unless, and only to the extent that,
the subsequent Milestone Date(s) depend on the timely completion of such earlier
Milestone Date.
For purposes of Section 3, (i) business Telephone Exchange Service shall be
considered "fully operational" in a LATA in BA-PA when ACI has an effective
Tariff for business Telephone Exchange Service in BA-PA and a significant number
of Telephone Exchange Service Customer lines in service for business Telephone
Exchange Service Customers in that LATA in BA-PA that are not affiliates or
employees of either BA or
-----------------------------------
(1) SS7 certification scheduling depends on actual schedule availability at
time of request. Initial implementation will be multi-frequency until SS7
certification is achieved.
(2) Intervals for IDLC collocation arrangements for VG ULL capability are 60
days for Virtual Collocation and 120 days for Physical Collocation from the date
the arrangement is applied for.
1
ACI, and (ii) residential Telephone Exchange Service shall be considered "fully
operational" in a LATA in BA-PA when ACI has an effective Tariff for residential
Telephone Exchange Service in BA-PA and has a significant number of Telephone
Exchange Service Customer lines in service for residential Telephone Exchange
Service Customers in that LATA in BA-PA that are not affiliates or employees of
either BA or ACI.
2
SCHEDULE 4.0
BA - PA
ACI IPs BA IPs
------- ------
XXX XXX
SCHEDULE 4.5
INTERCONNECTION POINTS FOR DIFFERENT TYPES OF TRAFFIC
Each Party shall provide the other Party with Interconnection to its
network at the following points for transmission, routing and termination. Each
Party shall make available at its Interconnection Points facilities to route the
traffic it receives to the appropriate final destination. Interconnection at a
BA-IP that is a Local Serving Wire Center provides access to all of the
Interconnection Points identified below (except for paragraphs 8 through 11),
via facilities appropriate for the traffic types and destinations identified
below. Compensation for such facilities will be as set forth in Exhibit A or as
provided elsewhere herein.
1. For the termination of Local Traffic or Toll Traffic originated by one
Party's Customer and terminated to the other Party's Customer, at the points set
forth in subsections 4.2 and/or 4.3 of the main body of the Agreement.
2. For the termination of Meet Point Billing Traffic from an IXC to:
(a) ACI, at the ACI-IP in LATA in which the Traffic is to terminate.
(b) BA, at the BA-IP in LATA in which the Traffic is to terminate.
3. For the termination of Transit Traffic from an ITC, wireless carrier,
or other CLEC to:
(a) ACI, at the ACI-IP in which the Traffic is to terminate.
(b) BA, at the BA-IP in LATA in which the Traffic is to terminate.
4. For 911/E911 traffic originated on ACI's network, at the PSAP in areas
where only Basic 911 service is available, or at the BA 911 Tandem Office
serving the area in which the ACI Customer is located, in accordance with
applicable state laws and regulations and PSAP requirements.
5. For Directory Assistance (411 or NPA-555-1212) traffic, at the
applicable BA Local Serving Wire Center or the BA operator services Tandem
Office subtended by such Local Serving Wire Center.
6. For Operator Services (call completion) traffic, at the applicable BA
Local Serving Wire Center or the BA operator services Tandem Office subtended by
such Local Serving Wire Center.
7. For LSV/VCI traffic, at the terminating Party's Local Serving Wire
Center or operator services Tandem Office subtended by such Local Serving Wire
Center.
1
8. For SS7 signaling originated by:
(a) ACI, at mutually agreed-upon Signaling Point of
Interconnection(s) ("SPOI") in the LATA in which the Local or Toll Traffic
originates, over CCSAC links provisioned in accordance with Bellcore GR-905 and
Xxxx Atlantic Supplement Common Channel Signaling Network Interface
Specification (BA_905).
(b) BA, at mutually agreed-upon SPOIs in the LATA in which the Local
or Toll Traffic originates, over a CCSAC links provisioned in accordance with
Bellcore GR-905 and BA-905.
Alternatively, either Party may elect to interconnect for SS7 signaling through
a commercial SS7 hub provider.
9. For 800/888 database inquiry traffic, at any BA Signaling Transfer
Point in the LATA in which the originating ACI Wire Center is located, over a
CCSAC link. Alternatively, ACI may elect to interconnect through a commercial
SS7 hub provider.
10. For Line Information Database ("LIDB") inquiry traffic, at any BA
Signaling Transfer Point in the LATA in which the LIDB is located, over a CCSAC
link. Alternatively, ACI may elect to interconnect through a commercial SS7 hub
provider.
11. For any other type of traffic, at reasonable points to be agreed upon
by the Parties, based on the network architecture of the terminating Party's
network.
2
SCHEDULE 6.3
RATE ELEMENTS UNDER MEET POINT BILLING
INTERSTATE ACCESS - TERMINATING TO OR ORIGINATING FROM ACI CUSTOMERS
RATE ELEMENT BILLING COMPANY
------------ ---------------
Carrier Common Line ACI
Local Switching ACI
Interconnection Charge ACI
Local Transport Facility/
Tandem Switched Transport Per Mile Based on negotiated billing
percentage (BIP)
Tandem Switching BA
Local Transport Termination/
Tandem Switched Transport Fixed BA
Entrance Facility BA
800 Database Query Party that performs query
INTRASTATE ACCESS - TERMINATING TO OR ORIGINATING FROM ACI CUSTOMERS
RATE ELEMENT BILLING COMPANY
------------ ---------------
Carrier Common Line ACI
Local Switching ACI
Interconnection Charge ACI
Local Transport Facility/
Tandem Switched Transport Per Mile Based on negotiated billing
percentage (BIP)
Tandem Switching BA
Local Transport Termination/
Tandem Switched Transport Fixed BA
Entrance Facility BA
800 Database Query Party that performs query
SCHEDULE 11.3
ACCESS TO NETWORK INTERFACE DEVICE
1. Due to the wide variety of NIDs utilized by BA (based on Customer size
and environmental considerations), ACI may access the Customer's Inside Wire by
any of the following means:
(a) Where an adequate length of Inside Wire is present and
environmental conditions permit, Requesting Carrier may remove the Inside Wire
from BA's NID and connect that wire to ACI's NID;
(b) Enter the Customer access chamber or "side" of "dual chamber" NID
enclosures for the purpose of extending a connecterized or spliced jumper wire
from the Inside Wire through a suitable "punch-out" hole of such NID enclosures;
(c) Request BA to make other rearrangements to the Inside Wire
terminations or terminal enclosure on a time and materials cost basis to be
charged to the requesting party (I.E., ACI, its agent, the building owner or the
Customer).
2. If ACI accesses the Customer's Inside Wire as described in Paragraph
1(c) above, the Tariffed time and materials charges will be billed to the
requesting party (I.E., ACI, the building owner or the Customer).
3. In no case shall ACI remove or disconnect BA's loop facilities from
BA's NIDs, enclosures, or protectors.
4. In no case shall ACI remove or disconnect ground wires from BA's NIDs,
enclosures, or protectors.
5. In no case shall ACI remove or disconnect NID modules, protectors, or
terminals from BA's NID enclosures.
6. Maintenance and control of premises wiring (Inside Wire) is the
responsibility of the Customer. Any conflicts between service providers for
access to the Customer's Inside Wire must be resolved by the Customer.
7. Due to the wide variety of NID enclosures and outside plant
environments, BA will work with ACI to develop specific procedures to establish
the most effective means of implementing this Schedule 11.3.
SCHEDULE 11.4
UNBUNDLED SWITCHING ELEMENTS
LOCAL SWITCHING
The unbundled local Switching Elements include line side and trunk side
facilities (E.G. line and trunk side Ports such as analog and ISDN line side
Ports and DS1 trunk side Ports) plus the features, functions, and capabilities
of the switch. It consists of the line-side Port (including connection between
a loop termination and a switch line card, telephone number assignment, basic
intercept, one primary directory listing, presubscription, and access to 911,
operator services, and directory assistance), line and line group features
(including all vertical features and line blocking options that the switch and
its associated deployed switch software is capable of providing and are
currently offered to BA's local exchange customers), usage (including the
connection of lines to lines, lines to trunks, trunks to lines, and trunks to
trunks), and trunk features (including the connection between the trunk
termination and a trunk card).
BA shall offer, as an optional chargeable feature, daily usage tapes. ACI
may request activation or deactivation of features on a per-port basis at any
time, and shall compensate BA for the non-recurring charges associated with
processing the order. ACI may submit a Bona Fide Request for other switch
features and functions that the switch is capable of providing, but which BA
does not currently provide, or for customized routing of traffic other than
operator services and/or directory assistance traffic. BA shall develop and
provide these requested services where technically feasible with the agreement
of ACI to pay the recurring and non-recurring costs of developing, installing,
updating, providing and maintaining these services.
TANDEM SWITCHING
The unbundled tandem Switching Element includes trunk-connect facilities,
the basic switching function of connecting trunks to trunks, and the functions
that are centralized in Tandem Switches. Unbundled tandem switching creates a
temporary transmission path between interoffice trunks that are interconnected
at a BA Access Tandem for the purpose of routing a call or calls.
SCHEDULE 12.3
SUPPORT SERVICES FOR RESALE
1. BA OSS SERVICES
1.1 DEFINITIONS
As used in the Schedule 12.3, the following terms shall have the meanings
stated below:
1.1.1 "BA Operations Support Systems" means BA systems for pre-ordering,
ordering, provisioning, maintenance and repair, and billing.
1.1.2 "BA OSS Services" means access to BA Operations Support Systems
functions. The term "BA OSS Services" includes, but is not limited to:
(a) BA's provision of ACI Usage Information to ACI pursuant to Section 1.3
below; and, (b) "BA OSS Information", as defined in Section 1.1.4 below.
1.1.3 "BA OSS Facilities" means any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by BA to provide BA OSS
Services to ACI.
1.1.4 "BA OSS Information" means any information accessed by, or disclosed
or provided to, ACI through or as a part of BA OSS Services. The term "BA
OSS Information" includes, but is not limited to: (a) any Customer
Information related to a BA Customer or a ACI Customer accessed by, or
disclosed or provided to, ACI through or as a part of BA OSS Services; and,
(b) any ACI Usage Information (as defined in Section 1.1.6 below) accessed
by, or disclosed or provided to, ACI.
1.1.5 "BA Retail Telecommunications Service" means any Telecommunications
Service that Xxxx Atlantic provides at retail to subscribers that are not
Telecommunications Carriers. The term "BA Retail Telecommunications
Service" does not include any exchange access service (as defined in
Section 3(16) of the Act, 47 U.S.C. Section 153(16)) provided by BA.
1.1.6 "ACI Usage Information" means the usage information for a BA Retail
Telecommunications Service purchased by ACI under this Agreement that BA
would record if BA was furnishing such BA Retail Telecommunications Service
to a BA end-user retail Customer.
1.1.7 "Customer Information" means CPNI of a Customer and any other
non-public, individually identifiable information about a Customer or
the purchase by a Customer of the services or products of a Party.
1.2 BA OSS SERVICES
1.2.1 Upon request by ACI, BA shall provide to ACI, pursuant to Section
251(c)(3) of the Act, 47 U.S.C. Section 251(c)(3), BA OSS Services.
1.2.2 Subject to the requirements of Applicable Law, BA Operations Support
Systems, BA Operations Support Systems functions, BA OSS Facilities, BA OSS
Information, and the BA OSS Services that will be offered by BA, shall be
as determined by BA. Subject to the requirements of Applicable Law,
(including, where applicable, the disclosure requirements of Sections
29.15, 11.8.4 as well as any disclosure requirements imposed by the
Commission, FCC or a court of competent jurisdiction). BA shall have the
right to change BA Operations Support Systems, BA Operations Support
Systems functions, BA OSS
1
Facilities, BA OSS Information, and the BA OSS Services, from time-to-time,
without the consent of ACI. .
1.3 ACI USAGE INFORMATION
1.3.1 Upon request by ACI, BA shall provide to ACI, pursuant to Section
251(c)(3) of the Act, 47 U.S.C. Section 251(c)(3), ACI Usage Information.
1.3.2 ACI Usage Information will be available to ACI through the
following:
(a) Daily Usage File on Data Tape.
(b) Daily Usage File through Network Data Mover ("NDM").
(c) Daily Usage File through Centralized Message Distribution System
("CMDS").
1.3.3.1 ACI Usage Information will be provided in a Bellcore Exchange
Message Records ("EMR") format.
1.3.3.2 Daily Usage File Data Tapes provided pursuant to Section 1.3.2(a)
above will be issued each day, Monday through Friday, except holidays
observed by BA.
1.3.4 Except as stated in this Section 1.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, ACI
Usage Information will be provided to ACI shall be determined by BA.
1.5 ACCESS TO AND USE OF BA OSS FACILITIES
1.5.1 BA OSS Facilities may be accessed and used by ACI only to the extent
necessary for ACI's access to and use of BA OSS Services pursuant to the
Agreement.
1.5.2 BA OSS Facilities may be accessed and used by ACI only to provide
Telecommunications Services to ACI Customers.
1.5.3 ACI shall restrict access to and use of BA OSS Facilities to ACI.
This Schedule 12.3 does not grant to ACI any right or license to grant
sublicenses to other persons, or permission to other persons (except ACI's
employees, agents and contractors, in accordance with Section 1.5.7 below),
to access or use BA OSS Facilities.
1.5.4 ACI shall not (a) alter, modify or damage the BA OSS Facilities
(including, but not limited to, BA software), (b) copy, remove, derive,
reverse engineer, or decompile, software from the BA OSS Facilities, or (c)
obtain access through BA OSS Facilities to BA databases, facilities,
equipment, software, or systems, which are not offered for ACI's use under
this Schedule 12.3.
1.5.5 ACI shall comply with all practices and procedures established by BA
for access to and use of BA OSS Facilities (including, but not limited to,
BA practices and procedures with regard to security and use of access and
user identification codes).
1.5.6 All practices and procedures for access to and use of BA OSS
Facilities, and all access and user identification codes for BA OSS
Facilities: (a) shall remain the property of BA; (b) shall be used by ACI
only in connection with ACI's use of BA OSS Facilities permitted by this
Schedule 12.3; (c) shall be treated by ACI as Confidential Information of
BA pursuant to subsection 29.4 of the Agreement; and, (d) shall be
destroyed or returned by ACI to BA upon the earlier of request by BA or the
expiration or termination of the Agreement.
2
1.5.7 ACI's employees, agents and contractors may access and use BA OSS
Facilities only to the extent necessary for ACI's access to and use of the
BA OSS Facilities permitted by this Agreement. Any access to or use of BA
OSS Facilities by ACI's employees, agents, or contractors, shall be subject
to the provisions of the Agreement, including, but not limited to,
subsection 29.4 thereof and Sections 1.5.6 and 1.6.3.3 of this Schedule
12.3.
1.6 BA OSS INFORMATION
1.6.1 Subject to the provisions of this Schedule 12.3 and Applicable Law,
BA grants to ACI a non-exclusive license to use BA OSS Information.
1.6.2 All BA OSS Information shall at all times remain the property of BA.
Except as expressly stated in this Schedule 12.3, ACI shall acquire no
rights in or to any BA OSS Information.
1.6.3.1 The provisions of this Section 1.6.3 shall apply to all BA OSS
Information, except (a) ACI Usage Information, (b) CPNI of ACI, and (c)
CPNI of a BA Customer or a ACI Customer, to the extent the Customer has
authorized ACI to use the Customer Information.
1.6.3.2 BA OSS Information may be accessed and used by ACI only to provide
Telecommunications Services to ACI Customers.
1.6.3.3 ACI shall treat BA OSS Information that is designated by BA,
through written or electronic notice (including, but not limited to,
through the BA OSS Services), as "Confidential" or "Proprietary" as
Confidential Information of BA pursuant to subsection 29.4 of the
Agreement.
1.6.3.4 Except as expressly stated in this Schedule 12.3, this Agreement
does not grant to ACI any right or license to grant sublicenses to other
persons, or permission to other persons (except ACI's employees, agents or
contractors, in accordance with Section 1.6.3.5 below, to access, use or
disclose BA OSS Information.
1.6.3.5 ACI's employees, agents and contractors may access, use and
disclose BA OSS Information only to the extent necessary for ACI's access
to, and use and disclosure of, BA OSS Information permitted by this
Schedule 12.3. Any access to, or use or disclosure of, BA OSS Information
by ACI's employees, agents or contractors, shall be subject to the
provisions of this Agreement, including, but not limited to, subsection
29.4 of the Agreement and Section 1.6.3.3 above.
1.6.3.6 ACI's license to use BA OSS Information shall expire upon the
earliest of: (a) the time when the BA OSS Information is no longer needed
by ACI to provide Telecommunications Services to ACI Customers; (b)
termination of the license in accordance with this Schedule 12.3; or (c)
expiration or termination of the Agreement.
1.6.3.7 All BA OSS Information received by ACI shall be destroyed or
returned by ACI to BA, upon expiration, suspension or termination of the
license to use such BA OSS Information.
1.6.4 Unless sooner terminated or suspended in accordance with the
Agreement or this Schedule 12.3 (including, but not limited to, subsection
22.3 of the Agreement and Section 1.7.1 above), ACI's access to BA OSS
Information through BA OSS Services shall terminate upon the expiration or
termination of the Agreement.
1.6.5.1 Without in any way limiting subsections 18.3 or 29.4 of the
Agreement, BA shall have the right (but not the obligation) to audit ACI to
ascertain whether ACI is complying with the requirements of Applicable Law
and this Agreement with regard to ACI's access to, and use and disclosure
of, BA OSS Information.
3
1.6.5.2 Without in any way limiting any other rights BA or ACI may have
under the Agreement or Applicable Law, BA shall have the right (but not the
obligation) to monitor ACI's access to and use of BA OSS Information which
is made available by BA to ACI pursuant to this Agreement, solely for the
purpose of ascertaining whether ACI is complying with the requirements of
Applicable Law and this Agreement, with regard to ACI's access to, and use
and disclosure of, such BA OSS Information. The foregoing right shall
include, but not be limited to, the right (but not the obligation) to
electronically monitor ACI's access to and use of BA OSS Information which
is made available by BA to ACI through BA OSS Facilities.
1.6.5.3 Information obtained by BA pursuant to this Section 1.6.5 shall be
treated by BA as Confidential Information of ACI pursuant to subsection
29.4 of the Agreement; provided that, BA shall have the right (but not the
obligation) to use and disclose information obtained by BA pursuant to this
Section 1.6.5 to enforce BA's rights under the Agreement or Applicable Law.
1.6.6 ACI acknowledges that the BA OSS Information, by its nature, is
updated and corrected on a continuous basis by BA, and therefore that BA
OSS Information is subject to change from time to time.
1.7 LIABILITIES AND REMEDIES
1.7.1 Any breach by ACI, or ACI's employees, agents or contractors, of the
provisions of Sections 1.5 or 1.6 above shall be deemed a material breach
of the Agreement. In addition, if ACI or an employee, agent or contractor
of ACI at any time breaches a provision of Sections 1.5 or 1.6 above and
such breach continues for more than ten (10) days after written notice
thereof from BA, then, except as otherwise required by Applicable Law, BA
shall have the right, upon notice to ACI, to suspend the license to use BA
OSS Information granted by Section 1.6.1 above and/or the provision of BA
OSS Services, in whole or in part.
1.7.2 ACI agrees that BA would be irreparably injured by a breach of
Sections 1.5 or 1.6 above by ACI or the employees, agents or contractors
of ACI, and that BA shall be entitled to seek equitable relief, including
injunctive relief and specific performance, in the event of any such
breach. Such remedies shall not be deemed to be the exclusive remedies for
any such breach, but shall be in addition to any other remedies available
under this Agreement or at law or in equity.
1.8 RELATION TO APPLICABLE LAW
The provisions of Sections 1.5, 1.6 and 1.7 above shall be in addition to
and not in derogation of any provisions of Applicable Law, including, but
not limited to, 47 U.S.C. Section 222, and are not intended to constitute a
waiver by BA of any right with regard to protection of the confidentiality
of the information of BA or BA Customers provided by Applicable Law.
1.9 COOPERATION
ACI, at ACI's expense, shall reasonably cooperate with BA in using BA OSS
Services. Such cooperation shall include, but not be limited to, the
following:
1.9.1 Upon request by BA, ACI shall by no later than the fifteenth (15th)
day of each calendar month submit to BA reasonable, good faith estimates
(by central office or other BA office or geographic area designated by BA)
of the volume of each BA Retail Telecommunications Service for which ACI
anticipates submitting orders in each week of the next calendar month.
1.9.2 Upon request by BA, ACI shall submit to BA reasonable, good faith
estimates of other types of transactions or use of BA OSS Services that ACI
anticipates.
4
1.9.3 ACI shall reasonably cooperate with BA in submitting orders for BA
Retail Telecommunications Services and otherwise using the BA OSS Services,
in order to avoid exceeding the capacity or capabilities of such BA OSS
Services. The Parties shall take such steps as are commercially reasonable
to alleviate any difficulties or delays in order processing that may occur.
1.9.4 ACI shall participate in cooperative testing of BA OSS Services and
shall provide assistance to BA in identifying and correcting mistakes,
omissions, interruptions, delays, errors, defects, faults, failures, or
other deficiencies, in BA OSS Services.
1.10 BA ACCESS TO INFORMATION RELATED TO ACI CUSTOMERS
1.10.1 To the extent necessary to effectuate the transfer of a Customer
from one carrier to another, either Party shall have the right to access,
use and disclose information related to that Customer that is in either
Party's possession (including, but not limited to, in either Party's OSS
Facilities) to the extent such access, use and/or disclosure has been
authorized by that Customer. Nothing in this section shall alter any
rights that either Party may have to use or access such Customer's
information, as provided under Applicable Laws. All such access, use
and/or disclosure shall be subject to Section 29.4.
1.10.2 If BA obtains the right to access ACI's OSS systems, ACI agrees to
negotiate terms for such access.
2. XXXX ATLANTIC PRE-OSS SERVICES
2.1 As used in this Schedule 12.3, "BA Pre-OSS Service" means a service
which allows the performance of an activity which is comparable to an
activity to be performed through a BA OSS Service and which BA offers to
provide to ACI prior to, or in lieu of, BA's provision of the BA OSS
Service to ACI. The term "BA Pre-OSS Service" includes, but is not limited
to, the activity of placing orders for BA Retail Telecommunications
Services through a telephone facsimile communication.
2.2 Subject to the requirements of Applicable Law, (including, where
applicable, the disclosure requirements of Sections 29.15, 11.8.4 as well
as any disclosure requirements imposed by the Commission, FCC or a court of
competent jurisdiction), the BA Pre-OSS Services that will be offered by BA
shall be as determined by BA and BA shall have the right to change BA
Pre-OSS Services, from time-to-time, without the consent of ACI.
2.3 Subject to the requirements of Applicable Law, the prices for BA
Pre-OSS Services shall be as determined by BA and shall be subject to
change by BA from time-to-time.
2.4 The provisions of Sections 1.5 through 1.9 above shall also apply to
BA Pre-OSS Services. For the purposes of this Section 2.4: (a) references
in Sections 1.5 through 1.9 above to BA OSS Services shall be deemed to
include BA Pre-OSS Services; and, (b) references in Sections 1.5 through
1.9 above to BA OSS Information shall be deemed to include information made
available to ACI through BA Pre-OSS Services.
3. RATES AND CHARGES
The prices for the foregoing services shall be as set forth in BA's
Tariffs or, in the absence of an applicable BA Tariff price, in Exhibit
A or, if not set forth in either, as may be determined by BA from time
to time, subject to any necessary Commission approval or if no such
approval is required, negotiation of the Parties. If BA at any time
offers another resale support service the prices for which are not
stated in BA's Tariffs or Exhibit A, BA shall have the right to revise
Exhibit A to add such prices, subject to any necessary Commission
approval or if no such approval is required, negotiation of the Parties.
5
SCHEDULE 13.6
NON-RECURRING CHARGE INSTALLMENT PAYMENT OPTION FOR
COLLOCATION AND CENTRAL OFFICE SWITCH DIALING PLANS
1. Subject to the terms and conditions specified below, ACI may, at its
option, elect to pay nonrecurring charges for collocation and central office
switch dialing plans (if applicable) on an installment basis over an 18 month
period.
2. ACI will be eligible for this payment option only if ACI and its affiliates
(as affiliates are defined in the Act), if any, have gross revenue of less than
$2 billion per year arising from the provision of telecommunications services or
facilities at the time the order is placed. BA may require ACI to establish its
eligibility under this section to BA's reasonable satisfaction.
3. The following non-recurring charges are subject to this installment payment
option:
(a) For physical collocation: all elements associated with conditioning
the space for collocation room construction (including but not limited to
power plant upgrades, HVAC and asbestos removal), cage construction,
overhead lighting and AC outlet, as well as cable installation.
(b) For virtual collocation: all elements associated with equipment
installation and cable installation.
(c) All non-recurring charges associated with office dialing plans.
4. For physical collocation, the first payment will reflect 20% of the
estimate rendered for construction of the room (common area), or pro rata amount
if the room has already been built. Eighteen subsequent monthly payments will
commence once the collocation site is complete (subject to tariffed interval)
and will be based on the balance of room construction plus cage construction,
overhead lighting, AC outlet and cable installation charges.
5. For virtual collocation, the first payment will reflect 20% of the total
estimated cost for the entire virtual collocation arrangement. Eighteen
subsequent monthly payments will commence once the collocation site is complete
and service is rendered (subject to tariffed interval) and will be based on the
balance of charges due.
6. For office dialing plans, the first payment will reflect 20% of the
estimate to develop and implement the plan. Eighteen subsequent monthly
payments will commence once the plan is in place (usually between 60 and 120
days).
7. The amount of each subsequent monthly installment payment shall equal the
total remaining non-recurring charge that would otherwise apply, divided by 18
payments, and increased by an annual factor of 13.9%. This factor is intended
to reflect BA's cost of money (11.9%) and anticipated bad debt (2%) for a total
of 13.9%. The result is that each of the 18 payments shall consist of 6.12% of
the original total amount of non-recurring charge before deduction of the
initial 20% payment. An additional payment of $199.10 per month will apply for
the duration of the installment period, based on the costs to BA of
administering the installment option.
8. The charges under this installment option are designed to be revenue
neutral to BA compared to the payment of a one-time charge, and are subject to
periodic prospective adjustments as often as quarterly to reflect actual bad
debt experience, churn rates, administrative costs, or changes in the cost of
money.
9. If the service is removed before all installment payments have been made,
the remaining unpaid amount of the non-recurring charge shall be due and
payable.
10. This installment payment option is offered by BA in fulfillment of a
condition imposed by the FCC in approving the merger of Xxxx Atlantic
Corporation and NYNEX Corporation. The availability, terms and conditions of
this payment option are subject to change based on any change in, or definitive
reinterpretation of, the underlying merger condition.
11. Unless expressly renewed by BA, this installment payment option will not be
available for orders with due dates after August 14, 2001, according to standard
intervals.
12. Service provided under this installment payment option is subject to all
other terms and conditions of this Agreement or applicable tariffs, including
those relating to deposits, billing, form of payment, late payment charges, and
dispute resolution, if any. ACI hereby grants to BA a continuing security
interest in and to all of ACI's personal property including ACI's now-owned and
hereafter acquired accounts, goods, general intangibles, equipment, inventory,
and contract rights and in the proceeds and products thereof. The security
interest granted hereby is to secure payment and performance of the obligations
of ACI hereunder. ACI hereby agrees to execute all documents, including
financing statements, required by BA to evidence, perfect and enforce the
security interest granted hereunder. In the event of a default, BA shall have
all rights and remedies available to it under the Uniform Commercial Code in
addition to any rights and remedies available under law or equity.
SCHEDULE 27.0
PERFORMANCE MONITORING REPORTS, STANDARDS AND REMEDIES
1. Performance Monitoring Reports
1.1. Subject to the provisions of this Schedule 27.0, BA shall provide to ACI
performance monitoring reports ("Performance Monitoring Reports") for services
and facilities provided by Xxxx Atlantic. Subject to the provisions of Appendix
1, the Performance Monitoring Reports will include the measurements set forth in
subsections (a) through (d) of this Section 1.1, to the extent the measurements
set forth in a subsection are applicable to the services set forth in such
subsection: (a) for services provided to Xxxx Atlantic's retail customers, in
the aggregate, the measurements stated in Xxxxxxxx 0, Xxxxxxx 0, "Xxxxxx"; (x)
for services and facilities provided to any Xxxx Atlantic local exchange
affiliate purchasing Interconnection,(1) if Xxxx Atlantic decides to operate a
wholesale carrier, the measurements stated in Appendix 1, Section 2, "Unbundled
Network Elements", Section 3, "Resale", and Section 4, "Network Interconnection
Trunks"; (c) for services and facilities provided to carriers purchasing
Interconnection, in the aggregate, the measurements stated in Appendix 1,
Section 1, "OSS", Section 2, "Unbundled Network Elements", Section 3, "Resale",
Section 4, "Network Interconnection Trunks", and Section 5, "CLEC Billing"; and,
(d) for services and facilities provided to ACI, the measurements stated in
Appendix 1, Section 2, "Unbundled Network Elements", Section 3, "Resale", and
Section 4, "Network Interconnection Trunks".(2)
1.2 The Performance Monitoring Reports shall be provided on a calendar quarter
basis (January through March, April through June, July through September,
October through December) with monthly information detail. The Performance
Monitoring Reports shall be provided within forty-five (45) days after the
completion of each calendar quarter. The first Performance Monitoring Reports
shall cover the calendar quarter of July through September, 1998.
2. Performance Metrics, Standards and Remedies
------------------------------
(1) As used in this Schedule 27.0, Section 1.1, "Interconnection" includes
interconnection, transport and termination, services for resale, and/or access
to unbundled network elements, under Section 251 of the Act, as amended.
(2) The measurements listed in subsections (b), (c) and (d), do not include
Section 4, "Network Interconnection Trunks", Measurement 19, "% Common Final
Trunk Blockage". The measurements listed in subsections (b) and (d) do not
include Section 2, "Unbundled Network Elements", Measurement 7, "% Flow Through
Orders", and Section 3, "Resale", Measurement 7, "% Flow Through Orders".
1
2.1 Appendix 2 sets out performance standards for 21 service quality
measurement items ("Performance Metrics") listed in the Performance Monitoring
Reports. BA shall measure on a calendar quarter basis BA's performance for each
Performance Metric for service provided to ACI.
2.2 If for any calendar quarter BA fails to meet the standard for a Performance
Metric for service provided to ACI, BA will conduct an investigation with regard
to the failure. The investigation will review the validity of the measurement
for the Performance Metric, and, if the measurement is concluded to be valid,
identify the cause of the failure. After identifying the cause of the failure,
BA will take commercially reasonable action to correct the failure resulting
from such cause. ACI shall provide all information and support reasonably
requested by BA in order to enable BA to conduct the investigation and to
correct any failure.
2.3.1 BA shall not be obligated to take investigative or corrective action
pursuant to Section 2.2, above, to the extent the failure to meet the standard
for a Performance Metric is caused by a Delaying Event. As used in this
Schedule 27.0, "Delaying Event" means: (a) a failure by ACI to perform any of
its obligations set forth in this Agreement; (b) any delay, act or failure to
act by ACI or a customer, end-user, agent, affiliate, representative, vendor, or
contractor of ACI; (c) any Force Majeure Event as defined in Section 28.3; (d)
any event, delay, act or failure to act, beyond the reasonable control of BA;
or, (e) such other event, delay, act or failure to act upon which the Parties
may agree. In calculating a Performance Metric, BA may adjust the performance
data to exclude any negative effect upon BA's meeting the standard for the
Performance Metric caused by a Delaying Event. If, pursuant to this Section
2.3.1, BA adjusts performance data to exclude a negative effect upon BA's
meeting the standard for a Performance Metric caused by a Delaying Event, BA
shall provide to ACI a reasonably detailed description of the adjustment. If
ACI disputes the appropriateness of the adjustment, either Party may seek
resolution of the dispute in accordance with Section 28.11 of the Agreement.
2.3.2 BA shall not be obligated to take investigative or corrective action
pursuant to Section 2.2 for any Performance Metric that shows a failure to meet
a performance standard if BA can reasonably show that (a) the measurement for
the Performance Metric does not have a statistically valid basis, or (b) the
data measured for service provided to ACI cannot be validly compared to the
measurement to which Appendix 2 specifies such data is to be compared (e.g., the
measurement for service provided to BA retail customers). If, pursuant to the
preceding sentence of this Section 2.3.2, BA excludes from action under Section
2.2 any Performance Metric, BA shall provide to ACI a reasonably detailed
explanation of the
2
basis for the exclusion. If ACI disputes the appropriateness of the exclusion,
either Party may seek resolution of the dispute in accordance with Section 28.11
of the Agreement.
2.3.3 BA may exclude from consideration in calculating Performance Metrics any
activities where ACI has requested a date due or other performance interval
different from (greater or less than) that which BA provides for its own retail
customers or its other telecommunications carrier customers.
2.3.4 BA shall not be obligated to take investigative or corrective action
pursuant to Section 2.2 for any Performance Metric where the data for two or
more months in a calendar quarter have been excluded from consideration pursuant
to the provisions of this Agreement.
2.4 For each Performance Metric related to UNE or Resale Services that requires
calculation of a percentage, a minimum of 200 items per calendar quarter for the
denominator shall be a prerequisite (e.g., a/200 x 100 = b%). Lack of the
minimum 200 items will result in BA being deemed to have met the standard for
that Performance Metric. For each Performance Metric related to Interconnection
Trunks that requires calculation of a percentage, a minimum of 50 items per
calendar quarter for the denominator shall be a prerequisite (e.g., a/50 x 100 =
b%). Lack of the minimum 50 items will result in BA being deemed to have met
the standard for that Performance Metric.
2.5 As used in Appendix 2 for those Performance Metrics where "Parity" is the
standard, "Parity" will be determined in accordance with Appendix 4,
"Statistical Methodology for Determining 'Parity' Range".
3. Performance Measurements, Standards and Remedies
3.1 Appendix 3 sets forth eight (8) performance categories ("Performance
Categories"). Each Performance Category is composed of one or more performance
measurements, which are listed in the left-hand column of each Performance
Category matrix ("Performance Measurements"). Each Performance Category
point-score, when calculated, will be the sum of the point-scores of the
Performance Measurements composing that Performance Category, and may be "0", a
positive number (+1 or higher), or a negative number (-1 or less).
3.2 BA shall measure on a calendar quarter basis BA's performance for each
Performance Measurement for service provided to ACI. No later than sixty (60)
days after the completion of each calendar quarter, BA shall forward to ACI a
statement showing BA's performance for each Performance Measurement for service
provided to ACI and a calculation of each Performance Category point-score
("Performance Statement").
3
3.3 If for any calendar quarter BA fails to obtain a point-score of "0" or
higher for a Performance Measurement for service provided to ACI, BA will
conduct an investigation with regard to the failure. The investigation will
review the validity of the measurement for the Performance Measurement, and, if
the measurement is concluded to be valid, identify the cause of the failure.
After identifying the cause of the failure, BA will take commercially reasonable
action to correct the failure resulting from such cause. ACI shall provide
all information and support reasonably requested by BA in order to enable BA to
conduct this investigation and to correct any failure to obtain a point-score of
"0" or higher for the Performance Measurement.
3.4.1 Subject to the provisions of this Schedule 27.0 and other applicable
provisions of this Agreement, if the point-score for a Performance Category for
service provided to ACI is a negative number (-1 or less) for two (2)
consecutive calendar quarters, BA shall give a billing credit to ACI in the
amount provided for in Appendix 3 ("Performance Credit"). A Performance Credit
shall be given for the second consecutive calendar quarter and for each
subsequent consecutive calendar quarter for which the point-score for the
Performance Category is a negative number (-1 or less). Each Performance
Statement shall include a statement showing any Performance Credit due to ACI.
Each Performance Credit which is due shall be applied to an appropriate ACI xxxx
no later than thirty (30) days after the Performance Statement stating that the
Performance Credit is due is delivered to ACI.
3.4.2 If the point-score for a Performance Category for service provided to ACI
is a positive number (+1 or more), BA may use the positive point-score for that
Performance Category to off-set a negative point-score for that Performance
Category for the next calendar quarter.
3.4.3.1 BA shall not be obligated to take investigative or corrective action
pursuant to Section 3.3, or to pay a Performance Credit, to the extent the
negative point-score for a Performance Measurement or Performance Category is
caused by a Delaying Event, as defined in Section 2.3.1, above. In calculating
a Performance Measurement, BA may adjust the performance data to exclude any
negative effect on BA's meeting the performance standard for the Performance
Measurement caused by a Delaying Event. If, pursuant to this Section 3.4.3.1,
BA adjusts performance data to exclude a negative effect on BA's meeting the
performance standard for a Performance Measurement caused by a Delaying Event,
BA shall provide to ACI a reasonably detailed description of the adjustment. If
ACI disputes the appropriateness of the adjustment, either Party may seek
resolution of the dispute in accordance with Section 28.11 of the Agreement.
4
3.4.3.2 BA may exclude from consideration in calculating Performance Category
Point Scores and Performance Credits, and shall not be obligated to take
investigative or corrective action pursuant to Section 3.3 with regard to, any
Performance Measurement that shows a failure to meet a performance standard if
BA can reasonably show that (a) the measurement for the Performance Measurement
does not have a statistically valid basis, or (b) the data measured for service
provided to ACI cannot be validly compared to the measurement to which Appendix
3 specifies such data is to be compared (e.g., the measurement for service
provided to BA retail customers). If, pursuant to the preceding sentence of
this Section 3.4.3.2, BA excludes from consideration in calculating Performance
Category Point Scores and Performance Credits and from action under Section 3.3
any Performance Measurement, BA shall provide to ACI a reasonably detailed
explanation of the basis for the exclusion. If ACI disputes the appropriateness
of the exclusion, either Party may seek resolution of the dispute in accordance
with Section 28.11 of the Agreement.
3.4.3.3 BA may exclude from consideration in calculating Performance
Measurements any activities where ACI has requested a date due or other
performance interval different from (greater or less than) that which BA
provides for its own retail customers or its other telecommunications carrier
customers.
3.4.3.4 BA may also exclude from consideration in calculating Performance
Category point-scores and Performance Credits, and shall not be obligated to
take investigative or corrective action pursuant to Section 3.3 with regard to,
any Performance Measurement where the data for two or more months in a calendar
quarter have been excluded from consideration pursuant to the provisions of this
Agreement.
3.4.4 For each Performance Measurement related to OSS, UNE, Resale Services or
Billing, that requires calculation of a percentage, a minimum of 200 items per
calendar quarter for the denominator shall be a prerequisite (e.g., a/200 x 100
= b%). Lack of the minimum 200 items will result in BA receiving a "0 Points"
score for that Performance Measurement. For each Performance Measurement
related to Interconnection Trunks that requires calculation of a percentage, a
minimum of 50 items per calendar quarter for the denominator shall be a
prerequisite (e.g., a/50 x 100 = b%). Lack of the minimum 50 items will result
in BA receiving a "0 Points" score for that Performance Measurement.
3.4.5 As used in Appendix 3 for those Performance Measurements where "Parity"
is the standard, "Parity" will be determined in accordance with Appendix 4,
"Statistical Methodology for Determining 'Parity' Range".
5
4. Notwithstanding anything in this Agreement to the contrary, the Performance
Metrics, Performance Metrics standards, Performance Measurements, Performance
Measurements standards, Performance Categories, and Performance Credits,
provided for in this Schedule 27.0 shall also apply to ACI with regard to OSS,
UNE, Resale Services, Interconnection Trunks, and other services and
arrangements, purchased by BA from ACI. ACI shall for OSS, UNE, Resale
Services, Interconnection Trunks, and other services and arrangements, purchased
by BA from ACI, provide to BA Performance Monitoring Reports and Performance
Statements similar to those to be provided by BA to ACI. If ACI fails to meet a
standard for a Performance Metric or a Performance Measurement or incurs a
negative point-score on a Performance Category, ACI shall (a) undertake
correction of the failure, to the same extent as BA would be required to
undertake correction of the failure under this Schedule 27.0, and (b) give
Performance Credits to BA, to the same extent as BA would be required to give
Performance Credits to ACI under this Schedule 27.0.
5. Appendix 1 sets out definitions for terms that are used in this Schedule
27.0. Except as clearly stated otherwise in a particular instance, these
definitions apply throughout this Schedule 27.0.
6. ACI agrees that the information contained in the Performance Reports and the
information contained in the Performance Statements is confidential and
proprietary to BA, and shall be used by ACI solely for internal performance
assessment purposes, for purposes of joint ACI and BA assessments of service
performance, and for reporting to the Commission, the FCC, or courts of
competent jurisdiction, under cover of an agreed-upon protective order, for the
sole purpose of enforcing BA's obligations under this Agreement. ACI shall not
otherwise disclose the information contained in the Performance Reports or
Performance Statements to third-persons.
7. BA shall provide ACI with access to the available data and information
necessary for ACI to verify the accuracy of the Performance Monitoring Reports
provided by BA to ACI. ACI agrees that such data and information is
confidential and proprietary to Xxxx Atlantic and shall be used by ACI solely
for the purpose of verifying the accuracy of the Performance Monitoring Reports.
ACI shall not disclose such data and information to third-persons. BA shall
be obligated to retain data and information for access by ACI under this Section
7 only for the period of time required by Applicable Laws.
8. In providing Performance Reports to ACI, providing Performance Statements to
ACI, providing ACI with access to data and information pursuant to Section 7,
above, and otherwise performing its obligations under this Schedule 27.0, BA
shall not be obligated, and may decline, to disclose to ACI any individually
identifiable information pertaining to a person other
6
than ACI, including, but not limited to, any other carrier customer of BA or
any retail customer of BA. However, nothing contained in this Section 8
shall be deemed to limit any right ACI may have: (a) under Section 5.8,
"Call Detail", of the Agreement; or, (b) under Applicable Laws to obtain
Customer Proprietary Network Information (as defined in Section 222 of the
Act, 47 U.S.C. Section 222) from BA with the consent of the end-user customer
to whom such Customer Proprietary Network Information pertains.
9. The Parties acknowledge that this Schedule 27.0 is intended to implement
obligations of BA under the FCC's Memorandum Opinion and Order in "In the
Applications of NYNEX Corporation, Transferor, and Xxxx Atlantic Corporation,
Transferee, For Consent to Transfer Control of NYNEX Corporation and Its
Subsidiaries", File No. NSD-L-96-10, Released August 14, 1997. This Schedule
27.0 shall be interpreted and construed in a manner consistent with the FCC's
Memorandum Opinion and Order.
7
SCHEDULE 27.0
APPENDIX 1
PERFORMANCE MONITORING REPORTS
1. OSS
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
OSS:
-------------------------------------------------------------------------------------------
PRE-ORDER PROCESS:
1. PRE-ORDER RESPONSE TIME: NOT CARRIER SPECIFIC
-------------------------------------------------------------------------------------------
- a. Customer Service Records
- b. Other Pre-Order (Aggregate of the following):
- Due Date Availability
- Product & Service Availability Information
- Address Validation
- Telephone number availability and reservation
-------------------------------------------------------------------------------------------
2. AVAILABILITY OF XXXX ATLANTIC INTERFACE TO OSS ACCESS: NOT CARRIER SPECIFIC
-------------------------------------------------------------------------------------------
- % ECG Uptime
-------------------------------------------------------------------------------------------
8
2. UNBUNDLED NETWORK ELEMENTS ("UNE"):
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
ORDERING PROCESS:
-------------------------------------------------------------------------------------------
3. ORDER CONFIRMATION TIMELINESS:
-------------------------------------------------------------------------------------------
POTS:
-------------------------------------------------------------------------------------------
- a. Average Response Time: Order Confirmation
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
- b. % On Time - Order Confirmation
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
SPECIALS:
- Average Response Time: Order Confirmation
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
4. REJECT TIMELINESS
-------------------------------------------------------------------------------------------
POTS:
- a. Average Response Time - Rejects
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
- b. % On Time -Rejects
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
SPECIALS:
- Average Response Time - Rejects
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
5. % REJECTS:
-------------------------------------------------------------------------------------------
- % Rejects
-------------------------------------------------------------------------------------------
6. TIMELINESS OF COMPLETION NOTIFICATION:
-------------------------------------------------------------------------------------------
- Average Response Time - Notice of Completion
-------------------------------------------------------------------------------------------
9
2. UNBUNDLED NETWORK ELEMENTS:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
7. % FLOW THROUGH ORDERS TRACKED
NOT CARRIER SPECIFIC
-------------------------------------------------------------------------------------------
PROVISIONING PROCESS
-------------------------------------------------------------------------------------------
8. AVERAGE INTERVAL - OFFERED
-------------------------------------------------------------------------------------------
POTS:
- Avg. Interval Offered -Dispatch
- Avg. Interval Offered - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- Avg. Interval Offered
-------------------------------------------------------------------------------------------
9. AVERAGE INTERVAL - COMPLETED
-------------------------------------------------------------------------------------------
POTS:
- Avg. Interval Completed - Dispatch
- Avg. Interval Completed - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- Avg. Interval Completed
-------------------------------------------------------------------------------------------
10. % COMPLETED W/IN 5 BUSINESS DAYS - TOTAL
-------------------------------------------------------------------------------------------
POTS:
- % Completed w/in 5 Days (< 5 Lines):
-------------------------------------------------------------------------------------------
11. % MISSED INSTALLATION APPOINTMENT -BA REASONS
-------------------------------------------------------------------------------------------
POTS:
- % Missed Installation Appt. - Dispatch
- % Missed Installation Appt. - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- % Missed Installation Appt.
-------------------------------------------------------------------------------------------
12. % MISSED INSTALLATION APPOINTMENT - FACILITIES
-------------------------------------------------------------------------------------------
POTS:
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
SPECIALS:
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
13. % INSTALLATION TROUBLES W/IN 30 DAYS
-------------------------------------------------------------------------------------------
POTS:
- % Installation Troubles within 30 days
-------------------------------------------------------------------------------------------
SPECIALS:
- % Installation Troubles within 30 days
-------------------------------------------------------------------------------------------
10
2. UNBUNDLED NETWORK ELEMENTS:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
MAINTENANCE AND REPAIR PROCESS
-------------------------------------------------------------------------------------------
14. NETWORK TROUBLE REPORT RATE
-------------------------------------------------------------------------------------------
POTS:
- Trouble Report Rate - Loop
- Trouble Report Rate - Central Office
-------------------------------------------------------------------------------------------
SPECIALS:
- Network Trouble Report Rate (Loop + CO)
-------------------------------------------------------------------------------------------
15. % MISSED REPAIR APPOINTMENTS
-------------------------------------------------------------------------------------------
POTS:
- % Missed Repair Appt - Loop
- % Missed Repair Appt - Central Office
-------------------------------------------------------------------------------------------
16. MEAN TIME TO REPAIR
-------------------------------------------------------------------------------------------
POTS:
- Mean Time to Repair - Loop (Run Clock)
- Mean Time to Repair - Central Office (Run Clock)
-------------------------------------------------------------------------------------------
SPECIALS:
- Mean Time to Repair (Stop Clock)
-------------------------------------------------------------------------------------------
17. % OUT OF SERVICE > 24 HOURS
-------------------------------------------------------------------------------------------
POTS:
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
SPECIALS:
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
18. % REPEAT REPORTS W/IN 30 DAYS
-------------------------------------------------------------------------------------------
POTS:
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
SPECIALS:
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
11
3. RESALE:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
3. ORDER CONFIRMATION TIMELINESS:
-------------------------------------------------------------------------------------------
POTS:
- a. Average Response Time: Order Confirmation
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
- b. % On Time - Order Confirmation
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
SPECIALS:
- Average Response Time: Order Confirmation
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
4. REJECT TIMELINESS
-------------------------------------------------------------------------------------------
POTS:
- a. Average Response Time - Rejects
- Automated (Flow-Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
- b. % On Time -Rejects
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
SPECIALS
- Average Response Time - Rejects
- Automated (Flow Through) Orders
- Non-Automated Orders:
- < 10 Lines
- > or = 10 Lines
-------------------------------------------------------------------------------------------
5. % REJECTS:
-------------------------------------------------------------------------------------------
- % Rejects
-------------------------------------------------------------------------------------------
6. TIMELINESS OF COMPLETION NOTIFICATION:
-------------------------------------------------------------------------------------------
- Average Response Time - Notice of Completion
-------------------------------------------------------------------------------------------
12
3. RESALE:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
7. % FLOW THROUGH ORDERS TRACKED
NOT CARRIER SPECIFIC
-------------------------------------------------------------------------------------------
PROVISIONING PROCESS
-------------------------------------------------------------------------------------------
8. AVERAGE INTERVAL - OFFERED
-------------------------------------------------------------------------------------------
POTS:
- Avg. Interval Offered - Dispatch
- Avg. Interval Offered - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- Avg. Interval Offered
-------------------------------------------------------------------------------------------
9. AVERAGE INTERVAL - COMPLETED
-------------------------------------------------------------------------------------------
POTS:
- Avg. Interval Completed - Dispatch
- Avg. Interval Completed -No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- Avg. Interval Completed
-------------------------------------------------------------------------------------------
13
3. RESALE:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
10. % COMPLETED W/IN 5 BUSINESS DAYS - TOTAL
-------------------------------------------------------------------------------------------
POTS:
- % Completed w/in 5 Days (< 5 Lines):
-------------------------------------------------------------------------------------------
11. % MISSED INSTALLATION APPOINTMENT -BA REASONS
-------------------------------------------------------------------------------------------
POTS:
- % Missed Installation Appt. (BA) - Dispatch
- % Missed Appt. (BA) - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- % Missed Appt. (BA)
-------------------------------------------------------------------------------------------
12. % MISSED INSTALLATION APPOINTMENT - FACILITIES
-------------------------------------------------------------------------------------------
POTS:
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
SPECIALS:
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
13. % INSTALLATION TROUBLES W/IN 30 DAYS
-------------------------------------------------------------------------------------------
POTS:
- % Installation Trouble within 30 days
-------------------------------------------------------------------------------------------
SPECIALS:
- % Installation Trouble within 30 days
-------------------------------------------------------------------------------------------
MAINTENANCE AND REPAIR PROCESS
-------------------------------------------------------------------------------------------
14. NETWORK TROUBLE REPORT RATE
-------------------------------------------------------------------------------------------
POTS:
- Network Trouble Report Rate (Loop + CO)
-------------------------------------------------------------------------------------------
SPECIALS:
- Network Trouble Report Rate (Loop + CO)
-------------------------------------------------------------------------------------------
15. % MISSED REPAIR APPOINTMENTS
-------------------------------------------------------------------------------------------
POTS:
- % Missed Repair Appt - Loop
- % Missed Repair Appt - Central Office
-------------------------------------------------------------------------------------------
16. MEAN TIME TO REPAIR
-------------------------------------------------------------------------------------------
POTS:
- Mean Time to Repair (Run Clock)
-------------------------------------------------------------------------------------------
SPECIALS:
- Mean Time to Repair (Stop Clock)
-------------------------------------------------------------------------------------------
14
3. RESALE:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
17. % OUT OF SERVICE > 24 HOURS
-------------------------------------------------------------------------------------------
POTS:
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
SPECIALS:
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
18. % REPEAT REPORTS W/IN 30 DAYS
-------------------------------------------------------------------------------------------
POTS:
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
SPECIALS:
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
15
4. NETWORK INTERCONNECTION TRUNKS:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
ORDERING PROCESS:
-------------------------------------------------------------------------------------------
3. ORDER CONFIRMATION TIMELINESS:
- a. Average Response Time: Firm Order Confirmation
-------------------------------------------------------------------------------------------
- b. % > 10 days
-------------------------------------------------------------------------------------------
4. REJECT TIMELINESS MANUAL TRACKING
-------------------------------------------------------------------------------------------
- a. Average Response Time: Rejects
- b. % > 10 days
-------------------------------------------------------------------------------------------
5. % Rejects:
-------------------------------------------------------------------------------------------
- % Rejects
-------------------------------------------------------------------------------------------
6. TIMELINESS OF COMPLETION NOTIFICATION:
-------------------------------------------------------------------------------------------
- Average Response Time - Notice of Completion MANUAL TRACKING
(REQUIRES SERIAL NUMBER)
-------------------------------------------------------------------------------------------
PROVISIONING PROCESS
-------------------------------------------------------------------------------------------
8. AVERAGE INTERVAL - OFFERED
-------------------------------------------------------------------------------------------
- Average Interval - Offered
-------------------------------------------------------------------------------------------
9. AVERAGE INTERVAL - COMPLETED
-------------------------------------------------------------------------------------------
- Average Interval - Completed
-------------------------------------------------------------------------------------------
10. [INTENTIONALLY OMITTED]
-------------------------------------------------------------------------------------------
11. % MISSED INSTALLATION APPOINTMENT -BA REASONS
-------------------------------------------------------------------------------------------
- % Missed Installation Appointment (BA REASONS)
-------------------------------------------------------------------------------------------
12. % MISSED INSTALLATION APPOINTMENT - FACILITIES
-------------------------------------------------------------------------------------------
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
13. % INSTALLATION TROUBLES W/IN 30 DAYS
-------------------------------------------------------------------------------------------
- % Installation Trouble within 30 days
-------------------------------------------------------------------------------------------
16
4. NETWORK INTERCONNECTION TRUNKS:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
MAINTENANCE AND REPAIR PROCESS
-------------------------------------------------------------------------------------------
14. NETWORK TROUBLE REPORT RATE
-------------------------------------------------------------------------------------------
- Network Trouble Report Rate
-------------------------------------------------------------------------------------------
15. [INTENTIONALLY OMITTED]
-------------------------------------------------------------------------------------------
16. MEAN TIME TO REPAIR
-------------------------------------------------------------------------------------------
- Mean Time to Repair (Stop Clock)
-------------------------------------------------------------------------------------------
17. % OUT OF SERVICE > 24 HOURS
-------------------------------------------------------------------------------------------
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
18. % REPEAT REPORTS W/IN 30 DAYS
-------------------------------------------------------------------------------------------
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
NETWORK PERFORMANCE
-------------------------------------------------------------------------------------------
19. % COMMON FINAL TRUNK BLOCKAGE
-------------------------------------------------------------------------------------------
20. % DEDICATED FINAL TRUNK BLOCKAGE
-------------------------------------------------------------------------------------------
17
5. CLEC BILLING (ALL SERVICES, INTERCONNECTION, UNE AND RESALE):
-------------------------------------------------------------------------------------------
BILLING:
-------------------------------------------------------------------------------------------
21. TIMELINESS OF DAILY USAGE FEED
-------------------------------------------------------------------------------------------
- TIMELINESS OF USAGE INFORMATION
- % Usage sent in 3 business days
- % Usage sent in 4 business days
- % Usage sent in 5 business days
- % Usage sent in 8 business days
-------------------------------------------------------------------------------------------
22. TIMELINESS OF XXXXXXX XXXX
-------------------------------------------------------------------------------------------
18
6. RETAIL:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
PROVISIONING PROCESS
-------------------------------------------------------------------------------------------
8. AVERAGE INTERVAL - OFFERED
-------------------------------------------------------------------------------------------
POTS:
- Avg. Interval Offered - Dispatch
- Avg. Interval Offered - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- Avg. Interval Offered
-------------------------------------------------------------------------------------------
9. AVERAGE INTERVAL - COMPLETED
-------------------------------------------------------------------------------------------
POTS:
- Avg. Interval Completed - Dispatch
- Avg. Interval Completed - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- Avg. Interval Completed
-------------------------------------------------------------------------------------------
19
6. RETAIL:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
10. % COMPLETED W/IN 5 BUSINESS DAYS - TOTAL
-------------------------------------------------------------------------------------------
POTS:
- % Completed w/in 5 Days (< 5 Lines):
-------------------------------------------------------------------------------------------
11. % MISSED INSTALLATION APPOINTMENT -BA REASONS
-------------------------------------------------------------------------------------------
POTS:
- % Missed Installation Appt. (BA) - Dispatch
- % Missed Appt. (BA) - No Dispatch
-------------------------------------------------------------------------------------------
SPECIALS:
- % Missed Appt. (BA)
-------------------------------------------------------------------------------------------
12. % MISSED INSTALLATION APPOINTMENT - FACILITIES
-------------------------------------------------------------------------------------------
POTS:
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
SPECIALS:
- % Missed Installation Appointment - Facilities
-------------------------------------------------------------------------------------------
13. % INSTALLATION TROUBLES W/IN 30 DAYS
-------------------------------------------------------------------------------------------
POTS:
- % Installation Trouble within 30 days
-------------------------------------------------------------------------------------------
SPECIALS:
- % Installation Trouble within 30 days
-------------------------------------------------------------------------------------------
MAINTENANCE AND REPAIR PROCESS
-------------------------------------------------------------------------------------------
14. NETWORK TROUBLE REPORT RATE
-------------------------------------------------------------------------------------------
POTS:
- Network Trouble Report Rate - Total
- Network Trouble Report Rate - Loop
- Network Trouble Report Rate - Central Office
-------------------------------------------------------------------------------------------
SPECIALS:
- Network Trouble Report Rate (Loop + CO)
-------------------------------------------------------------------------------------------
15. % MISSED REPAIR APPOINTMENTS
-------------------------------------------------------------------------------------------
POTS:
- % Missed Repair Appt. - Loop
- % Missed Repair Appt. - Central Office
-------------------------------------------------------------------------------------------
16. MEAN TIME TO REPAIR
-------------------------------------------------------------------------------------------
POTS:
- Mean Time to Repair - Total (Run Clock)
- Mean Time to Repair - Loop (Run Clock)
- Mean Time to Repair - Central Office (Run Clock)
-------------------------------------------------------------------------------------------
SPECIALS:
- Mean Time to Repair (Stop Clock)
-------------------------------------------------------------------------------------------
20
6. RETAIL:
-------------------------------------------------------------------------------------------
KEY SERVICE QUALITY MEASUREMENTS NOTES
-------------------------------------------------------------------------------------------
17. % OUT OF SERVICE > 24 HOURS
-------------------------------------------------------------------------------------------
POTS:
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
SPECIALS:
- % Out of Service > 24 Hours
-------------------------------------------------------------------------------------------
18. % REPEAT REPORTS W/IN 30 DAYS
-------------------------------------------------------------------------------------------
POTS:
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
SPECIALS:
- % Repeat Reports w/in 30 Days
-------------------------------------------------------------------------------------------
21
DEFINITIONS
The following definitions apply to the terms used in this Schedule 27.0.
PRODUCT DEFINITIONS:
--------------------------------------------------------------------------------
Products: Definition:
--------------------------------------------------------------------------------
- POTS services All non-designed lines/circuits that
originate at a customer's premise and
terminate on an OE (switch Office
Equipment). All others are considered
specials. POTS includes Centrex, Basic
ISDN and PBX trunks.
--------------------------------------------------------------------------------
UNE POTS includes Basic 2-Wire Analog
Loop, Customer specified signaling loops,
Analog Line Port, and Number Portability.
--------------------------------------------------------------------------------
UNE Loop includes orders for Loop only.
Includes both new loops and "coordinated
cutover" loop orders. "Coordinated
cutover" loops are orders where a live
customer is converted to a CLEC re-using
the outside plant facilities.
Coordination of all parties is necessary
to minimize disruption of service to the
end user
--------------------------------------------------------------------------------
UNE- OTHER orders include Analog Line
Port and Number Portability orders.
--------------------------------------------------------------------------------
- Special Services Special Services ("Specials") are
services or elements that require design
intervention. These include such
services/elements as: high capacity links
(DS1, or DS3), Primary rate ISDN, digital
services, and multiplexing.
--------------------------------------------------------------------------------
- Interconnection Trunks Includes switched local interconnection
trunks carrying traffic between BA and
CLEC offices. Includes End Office and
Tandem trunks.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
- Number of Installation Orders Total number of "N", "T", or "C" type
orders. These orders include new orders,
orders where the service is moving to a
different location, or changes for
existing service.
--------------------------------------------------------------------------------
22
KEY SERVICE QUALITY MEASUREMENT DEFINITIONS:
--------------------------------------------------------------------------------
PRE-ORDERING:
--------------------------------------------------------------------------------
1. Response Time: NOTE: ALL PRE-ORDER MEASURES ARE REPORTED
ON AN AGGREGATED BASIS AND ARE NOT CLEC
SPECIFIC . "Response time" is defined as
time that elapses from the receipt of a
transaction by the gateway to
presentation of the result through the
gateway.
METHODOLOGY: XXXX ATLANTIC to sample 10*
transactions per hour from 8 a.m. to 5
p.m. via Sentinel system. Sentinel will
replicate the transaction of a XXXX
ATLANTIC service representative going
directly to the OSS as well as a CLEC
representative coming in through ECG.
--------------------------------------------------------------------------------
- Customer Service Record Customer Service Records can range from 1
to about 200 pages.
BA may combine measurement data for PA
and DE for this measurement.
BA may combine measurement data for DC,
MD, VA and WV for this measurement.
--------------------------------------------------------------------------------
- Other Pre-Order Includes average response time for (1)
product & service availability, (2) due
date availability, (3) address
validation, and (4) telephone number
availability.
BA may combine measurement data from all
BA--South states (DE, DC, MD, NJ, PA, VA,
WV) for this measurement.
--------------------------------------------------------------------------------
23
KEY SERVICE QUALITY MEASUREMENT DEFINITIONS:
--------------------------------------------------------------------------------
2. OSS Interface Availability "System availability" measures the hours
of actual availability compared to
scheduled availability.
--------------------------------------------------------------------------------
ORDERING:
--------------------------------------------------------------------------------
3. Order Confirmation Timeliness:
--------------------------------------------------------------------------------
- Avg. Response Time: Average response time from EDI or GUI(3)
Automated Orders receipt of a valid service request to EDI
or GUI distribution of order
confirmation. Includes orders received
via EDI or GUI that flow-through to
legacy OSS ordering and provisioning
systems.
--------------------------------------------------------------------------------
- Avg. Response Time: Non- Average response time from receipt of a
Automated valid service request to distribution of
order confirmation. Includes orders
received via EDI or GUI that require
manual input to legacy OSS ordering and
provisioning systems. Does not include
orders requiring negotiated intervals.
--------------------------------------------------------------------------------
- Trunks: % > 10 Days For Interconnection Trunks, the percent
of ASR (Access Service Requests) where
the Firm Order Confirmation is sent more
than 10 days after receipt of a valid
Access Service Request (ASR). All ASRs
must be electronically transmitted for
FOC/Reject measure to apply.
--------------------------------------------------------------------------------
- Application Date/Time Orders received after 12 Noon Eastern
Time will be considered received the next
business day.
--------------------------------------------------------------------------------
-----------------
(3) As of the effective date of this Agreement, BA's GUI may not be fully
available for use in the BA-South states (DE, DC, MD, NJ, PA, VA, WV).
Accordingly, references in this Schedule 27.0 to BA's GUI are to BA's GUI when
and to the extent it is available for use by ACI.
24
KEY SERVICE QUALITY MEASUREMENT DEFINITIONS:
--------------------------------------------------------------------------------
4. Reject Notice Timeliness:
--------------------------------------------------------------------------------
- Avg. Response Time - Average response time from EDI or GUI
Automated receipt of a service request to EDI or
GUI distribution of reject or query.
Includes orders received via EDI or GUI
that flow-through to legacy OSS ordering
and provisioning systems.
--------------------------------------------------------------------------------
- Avg. Response Time - Non- Average response time from EDI or GUI
Automated receipt of a service request to EDI or
GUI distribution of reject or query.
Includes orders received via EDI or GUI
that require manual input to legacy OSS
ordering and provisioning systems.
--------------------------------------------------------------------------------
5. % Rejects The percent of total orders received that
are rejected or queried by BA.
--------------------------------------------------------------------------------
6. Timeliness of Completion The average interval between actual order
Notification completion date to the distribution of
order completion notification. The
current process for notification is a
telephone call for UNEs and
Interconnection Trunks. Resale order
completions are transmitted either
electronically via EDI or GUI or via FAX.
Does not include orders requiring
negotiated intervals. This measurement
is currently under development for
Network Interconnection Trunks and will
be furnished for Network Interconnection
Trunks when available.
--------------------------------------------------------------------------------
7. % Flow Through Orders The number of orders processed via EDI or
GUI directly to legacy ordering OSS
systems without manual intervention as a
percent of total orders.
--------------------------------------------------------------------------------
PROVISIONING:
--------------------------------------------------------------------------------
8. Average Interval - Offered Average number of business days between
application date and committed due date.
The application date is the date that a
valid service request is received. For
orders received after 12 Noon Eastern
Time the next business day is considered
the application date. Includes "W" coded
orders only. Does not include orders
requiring negotiated intervals.
--------------------------------------------------------------------------------
25
KEY SERVICE QUALITY MEASUREMENT DEFINITIONS:
--------------------------------------------------------------------------------
9. Average Interval - Completed Average number of business days between
application date and completed date.
Completion date is the field completion
date noted on the Service Order. Includes
"W" coded orders only. Orders completed
late due to a CLEC or CLEC end user
caused delay are excluded from this
performance measure. Does not include
orders requiring negotiated intervals.
--------------------------------------------------------------------------------
10. % Completed w/in 5 business For POTS orders of less than 5 lines.
days - Total The percentage of lines completed in 5
business days. Includes "W" coded orders
only. Standard interval Unbundled Loop
orders will be excluded from this
measure.
--------------------------------------------------------------------------------
11. % Missed Installation % of all orders for which there was a
Appointment - BA - Total missed installation appointment caused by
BA. Excludes missed installation
appointments caused by CLEC or end user
delays.
--------------------------------------------------------------------------------
- % Missed Installation Same as above, for orders that require
Appointment - Dispatch the assignment of loop facilities,
switching office equipment, or both.
--------------------------------------------------------------------------------
- % Missed Appointment - No Same as above, for orders that require
Dispatch switching translations work only. These
are primarily "feature orders".
--------------------------------------------------------------------------------
12. % Missed Installation % of all Orders for which there was a
Appointment - Facilities missed installation appointment due to
lack of facilities.
--------------------------------------------------------------------------------
13. % Installation Troubles w/in Troubles received on lines within one
30 Days month of service order activity as a
percent of lines ordered in one month.
This measurement is currently under
development and will be furnished when
available.
--------------------------------------------------------------------------------
26
KEY SERVICE QUALITY MEASUREMENT DEFINITIONS:
--------------------------------------------------------------------------------
MAINTENANCE:
--------------------------------------------------------------------------------
14. Network Trouble Report Total Initial Customer Troubles reported
Rate on regulated services by customer, where
the trouble disposition was found to be a
network problem (Disposition Codes 3, 4
and 5) per 100 lines/circuits in service.
Excludes Subsequents reports (additional
customer calls while the trouble is
pending), Customer Provided Equipment
(CPE) troubles, and troubles reported but
not found upon dispatch (Found OK and
Test OK). Also excludes troubles closed
due to customer action. Trouble reports
on unregulated services, such as Voice
Messaging, are excluded.
--------------------------------------------------------------------------------
- Trouble Report Rate - Loop Same as above, Disposition Codes 3 (Drop
Wire) and 4 (Outside Plant) only.
Troubles found to be in the Outside Plant
facilities.
--------------------------------------------------------------------------------
- Trouble Report Rate - Same as above, Disposition Code 5
Central Office (Central Office) only. Troubles found to
be within the Central Office, including
translation troubles.
--------------------------------------------------------------------------------
15. % Missed Repair Appointments For Initial Customer Trouble Reports,
found to be network troubles (disposition
codes, 3, 4 and 5). The BA process for
POTS troubles is to give an "arrive by"
appointment.
--------------------------------------------------------------------------------
- % Missed Repair Appt. - Same as above, for troubles where a
Loop dispatch was required outside of the BA
Central Office and the trouble was found
in Outside Plant (disposition codes 3
and 4). Troubles where there was both an
inside and an outside dispatch are
included if the final resolution was a
loop trouble.
--------------------------------------------------------------------------------
- % Missed Repair Appt. - Same as above, for troubles where a
Central Office dispatch may have been required outside
of the BA Central Office, but the trouble
was resolved within the Central Office.
Includes translation type troubles as
well as Central Office type troubles.
--------------------------------------------------------------------------------
16. Mean Time to Repair For Initial Customer Trouble Reports,
found to be network troubles, the average
duration time from trouble receipt to
trouble clear time. Running clock for
POTS troubles. Stop Clock for Special
troubles.
--------------------------------------------------------------------------------
17. % Out of Service > 24 Hours Network troubles (disposition codes, 3,
4, and 5) out of service, cleared in
greater than 24 hours, as a percentage of
total network troubles (disposition
codes, 3, 4, and 5) out of service. Out
of Service means that there is no dial
tone, the customer can not call out or
the customer can not be called. The Out
of Service period commences when the
trouble is reported to BA's designated
trouble reporting interface.
--------------------------------------------------------------------------------
27
KEY SERVICE QUALITY MEASUREMENT DEFINITIONS:
--------------------------------------------------------------------------------
18. % Repeat Reports w/in 30 The percent of troubles that originated
days as a disposition code other than customer
action, Front End close out, CPE found
troubles, or a customer code, that have
an additional trouble within 30 days and
a network trouble found disposition code
of 3, 4, or 5.
--------------------------------------------------------------------------------
NETWORK PERFORMANCE:
--------------------------------------------------------------------------------
19. % Common Final Trunk Blockage Common Final Trunks carry traffic between
BA end offices and the BA Tandem,
including local traffic to BA customers
as well as CLEC customers.
BLOCKAGE: The system used to measure
trunk performance is TNDS (Total Network
Data System). Monthly trunk blockage
studies are based on a time consistent
busy hour. The percentage of BA trunk
groups exceeding the applicable blocking
design (either B.01 or B.005) will be
reported. For B.01 design, this is trunk
groups exceeding a threshold of about 3%
blocking. For B.005 design, this is
trunk groups exceeding a threshold of
about 2% blocking.
BA may combine measurement data for PA
and DE for this measurement.
--------------------------------------------------------------------------------
20. % Dedicated Final Trunk DEDICATED FINAL TRUNKS: A dedicated
Blockage final trunk group does not overflow.
These dedicated final trunk groups carry
local traffic from a BA Access Tandem to
a CLEC switch.
BLOCKAGE: The system used to measure
trunk performance is TNDS (Total Network
Data System). Monthly trunk blockage
studies are based on a time consistent
busy hour. The percentage of BA to CLEC
dedicated final trunk groups exceeding
the applicable blocking design (either
B.01 or B.005) will be reported. For
B.01 design, this is trunk groups
exceeding a threshold of about 3%
blocking. For B.005 design, this is
trunk groups exceeding a threshold of
about 2% blocking.
BA may combine measurement data for PA
and DE for this measurement.
--------------------------------------------------------------------------------
28
--------------------------------------------------------------------------------
BILLING:
--------------------------------------------------------------------------------
21. Timeliness of Daily Usage Measures the number of business days from
Feed the call event date to the output file
header date on the daily usage feed.
Measured in % in 3, 4, 5, and 8 business
days.
--------------------------------------------------------------------------------
22. Timeliness of Xxxxxxx Xxxx Measures the percent of carrier bills
ready for distribution to the carrier
within 10 business days of the xxxx date.
--------------------------------------------------------------------------------
29
SCHEDULE 27.0
APPENDIX 2
PERFORMANCE METRICS, STANDARDS AND REMEDIES
A. UNBUNDLED NETWORK ELEMENTS
1. ORDERING AND PROVISIONING
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (POTS) Parity
(UNE KSQM 13)(4)
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (Specials) Parity
(UNE KSQM 13)
--------------------------------------------------------------------------------
2. MAINTENANCE
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Mean Time to Repair - Loop (POTS) Parity
(UNE KSQM 16)
--------------------------------------------------------------------------------
Mean Time to Repair - Central Office (POTS) Parity
(UNE KSQM 16)
--------------------------------------------------------------------------------
Mean Time to Repair (Specials) Parity
(UNE KSQM 16)
--------------------------------------------------------------------------------
B. RESALE SERVICES
1. ORDERING AND PROVISIONING
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Average Interval Offered (POTS) - Dispatch Parity
(Resale KSQM 8)
--------------------------------------------------------------------------------
Average Interval Offered (POTS) - No Dispatch Parity
(Resale KSQM 8)
--------------------------------------------------------------------------------
Average Interval Offered (Specials) Parity
(Resale KSQM 8)
--------------------------------------------------------------------------------
Average Interval Completed (POTS) - Dispatch Parity
(Resale KSQM 9)
--------------------------------------------------------------------------------
Average Interval Completed (POTS) - No Dispatch Parity
(Resale KSQM 9)
--------------------------------------------------------------------------------
---------------
(4) "(UNE KSQM 13)" identifies the Key Service Quality Measurement listed in
Appendix 1 which is the basis for measurement of this Performance Metric.
30
--------------------------------------------------------------------------------
Average Interval Completed (Specials) Parity
(Resale KSQM 9)
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (POTS) Parity
(Resale KSQM 13)
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (Specials) Parity
(Resale KSQM 13)
--------------------------------------------------------------------------------
2. MAINTENANCE
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Mean Time to Repair (POTS) Parity
(Resale KSQM 16)
--------------------------------------------------------------------------------
Mean Time to Repair (Specials) Parity
(Resale KSQM 16)
--------------------------------------------------------------------------------
C. INTERCONNECTION TRUNKS
1. ORDERING AND PROVISIONING
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
FOC Timeliness GREATER THAN OR EQUAL TO 90% in 10 Days
(Network Interconnection Trunks {"IT"} KSQM 3.b)
--------------------------------------------------------------------------------
Rejects Timeliness GREATER THAN OR EQUAL TO 90% in 10 Days
(IT KSQM 4.b)
--------------------------------------------------------------------------------
Average Interval Offered Parity
(IT KSQM 8)
--------------------------------------------------------------------------------
Average Interval Completed Parity
(IT KSQM 9)
--------------------------------------------------------------------------------
D. NETWORK PERFORMANCE
1. FINAL TRUNK GROUP BLOCKING
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Dedicated Final Trunk Group Blockage (CLEC Trunks) Parity
(IT KSQM 20)
--------------------------------------------------------------------------------
Common Final Trunk Group Blockage (Retail Trunks) (B.01 Design Standard
(IT KSQM 19) or B.005 Design
Standard, as
applicable)
--------------------------------------------------------------------------------
31
PARITY
"Parity" will be determined in accordance with the statistical methodology set
forth in Appendix 4, "Statistical Methodology for Determining 'Parity' Range".
"Parity" for UNE and Resale Services will be based upon a comparison of BA's
performance for the above Performance Metrics with BA's performance for the
appropriate corresponding Retail measurements set forth in Appendix 1, or, in
the absence of appropriate corresponding Retail measurements set forth in
Appendix 1, Retail measurements as reasonably determined and provided by BA.
"Parity" for "Dedicated Final Trunk Group Blockage (CLEC Trunks)" will be based
upon a comparison of BA's performance for the above Performance Metric with BA's
performance for the appropriate corresponding measurement for BA's comparable
retail trunks, as reasonably determined and provided by BA.
DEFINITIONS, CONDITIONS, REQUIREMENTS & EXCLUSIONS FOR APPENDIX 2
See, "UNE Definitions, Conditions, Requirements & Exclusions", "Resale
Definitions, Conditions, Requirements & Exclusions", "Interconnection Trunk
Definitions, Conditions, Requirements & Exclusions", and "Billing Definitions,
Conditions, Requirements & Exclusions", in Appendix 3, which are incorporated
here by reference. As used in this Appendix 2, references to Performance
Measurements in "UNE Definitions, Conditions, Requirements & Exclusions",
"Resale Definitions, Conditions, Requirements & Exclusions", "Interconnection
Trunk Definitions, Conditions, Requirements & Exclusions", and "Billing
Definitions, Conditions, Requirements & Exclusions", in Appendix 3, shall be
deemed to be references to Performance Metrics.
RESALE SERVICES
1. Ordering and Provisioning. Average Interval Offered and Average Interval
Completed Performance Measurements do not include orders with negotiated
intervals.
INTERCONNECTION TRUNKS
1. FOC and Rejects measurements apply only to electronically received ASRs.
2. FOC and Rejects measurements apply only to additions to existing trunk
groups, adding less than 96 trunks, with no routing or translations changes.
3. Average Interval Offered measurement comparison is to IXC Feature Group D
switched access trunks provided by BA to IXCs.
4. Average Interval Offered measurement applies only to additions to existing
trunk groups, adding less than 96 trunks, with no routing or translations
changes.
5. Average Interval Completed comparison is to IXC Feature Group D switched
access trunks provided by BA to IXCs.
6. Average Interval Completed measurement applies only to additions to existing
trunk groups, adding less than 96 trunks, with no routing or translations
changes.
32
SCHEDULE 27.0
APPENDIX 3
PERFORMANCE MEASURMENTS, STANDARDS AND REMEDIES
A. OPERATIONAL SUPPORT SYSTEMS
1. PERFORMANCE CATEGORY 1 -- OSS PRE-ORDER RESPONSE TIME AND AVAILABILITY
---------------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
---------------------------------------------------------------------------------------------------------------------------------
Response Time - Customer Service Records > 8.5 seconds difference 7.0 to 8.5 seconds < 7.0 seconds difference
(OSS KSQM 1.a)(5) difference
---------------------------------------------------------------------------------------------------------------------------------
Response Time - Aggregated Other Pre-Order > 8.5 seconds difference 7.0 to 8.5 seconds < 7.0 seconds difference
Transactions difference
(OSS KSQM 1.b)
---------------------------------------------------------------------------------------------------------------------------------
Access Platform Availability(1) < 99 % Availability > or = 99% Availability
(OSS KSQM 2)
---------------------------------------------------------------------------------------------------------------------------------
(1) Excludes (a) scheduled maintenance and (b) unavailability of Operations
Support Systems (e.g., BOSS, Livewire) other than the access platform.
CALCULATION OF PERFORMANCE CREDIT:
TOTAL SCORE:
0 or Greater Points = No Performance Credit
-1 to -2 points = 1 % of OSS Charges for the Measured Calendar Quarter
-3 points = 2 % of OSS Charges for the Measured Calendar Quarter
------------------
(5) "(OSS KSQM 1)" identifies the Key Service Quality Measurement listed in
Appendix 1 which is the basis for measurement of this Performance Measurement.
33
OSS DEFINITIONS, CONDITIONS, REQUIREMENTS & EXCLUSIONS:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.0 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
RESPONSE TIME:
1. Performance Measurements and Performance Credits apply only to use of the
ECG gateway or such successor OSS gateway as shall be implemented and designated
for measurement under this Performance Category by Xxxx Atlantic.
2. Performance Measurements and Performance Credits will be calculated only if
the ECG gateway (or such successor OSS gateway as shall be implemented and
designated for measurement under this Performance Category by Xxxx Atlantic) has
been fully tested by the Parties and accepted by ACI, and is used by ACI for all
transactions.
3. Performance Measurements apply only to CSR Retrieval and Aggregated Other
Pre-Order Transactions. Aggregated Other Pre-Order Transactions will initially
include Telephone Number Availability and Reservation, and Address Validation.
Product & Service Availability Information and Due Date Availability will be
added in the future.
4. ACI shall provide to BA forecasts of volumes at least six (6) months prior
to the commencement of the measured calendar quarter. Forecasts for UNE and
Resale Services volumes (including both number of orders to be submitted and
number of items of service to be ordered) shall be submitted by ACI for each
month. Forecasts for Interconnection Trunk volumes (including both number of
orders to be submitted and number of items of service to be ordered) shall be
submitted by ACI either (a) for each month or (b) for each quarter, in which
case the quarterly volume will be pro-rated to a monthly volume. If submission
volumes for any one month in a measured calendar quarter vary from forecasted
volumes for such month stated in timely submitted forecasts by more than 10%
(plus or minus), BA may exclude that month from consideration in calculating
Performance Measurements and Performance Credits and determining whether BA is
obligated to take investigative or corrective action under Section 3.3. If ACI
fails to timely provide the forecasts of volumes to BA, BA may exclude
Performance Category 1 and the Performance Measurements in Category 1 from
calculation of Performance Credits and from taking investigative and corrective
action under Section 3.3.
5. When the ACI submitted work load for any one hour in a day is more than
twice (2x) the daily average hour ACI submitted work load(6), all transactions
for that day will be deemed to have at least met "Equals Standard" ("O" Points).
6. These Performance Measurements are not carrier specific.
ACCESS PLATFORM AVAILABILITY:
1. This Performance Measurement is not carrier specific. This Performance
Measurement measures the overall availability performance of the OSS access
platform and is not service or function specific.
2. Performance Measurements and Performance Credits will be calculated only if
the ECG gateway (or such successor OSS gateway as shall be implemented and
designated for measurement under this Performance Category by Xxxx Atlantic) has
been fully tested by the Parties and accepted by ACI, and is used by ACI for all
transactions.
------------------------
(6) In calculating "the daily average hour ACI submitted work load", the
"daily" period used for the calculation shall be deemed to be twelve (12) hours
in length.
34
B. UNBUNDLED NETWORK ELEMENTS:
1. PERFORMANCE CATEGORY 2 - UNE ORDERING AND PROVISIONING:
--------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
--------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness: < 10 Lines < 89.5 % < or = 24 Hours(1) 89.5 - 90.5% < or = 24 > 90.5% < or = 24 Hours(1)
(UNE KSQM 3.b) Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness: > or = 10 Lines < 89.5 % < or = 96 Hours(1) 89.5 - 90.5% < or = 96 > 90.5% < or = 96 Hours(1)
(UNE KSQM 3.b) Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness: < 10 Lines < 89.5 % < or = 24 Hours(1) 89.5 - 90.5% < or = 24 > 90.5% < or = 24 Hours(1)
(UNE KSQM 4.b) Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness: > or = 10 Lines < 89.5 % < or = 96 Hours(1) 89.5 - 90.5% < or = 96 > 90.5% < or = 96 Hours(1)
(UNE KSQM 4.b) Hours(1)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity(2) Moderate to High
POTS - Dispatch probability less than probability better than
(UNE KSQM 11) Parity(2) Parity(2)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity(2) Moderate to High
POTS - No Dispatch probability less than probability better than
(UNE KSQM 11) Parity(2) Parity(2)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity(2) Moderate to High
Specials probability less than probability better than
(UNE KSQM 11) Parity(2) Parity(2)
--------------------------------------------------------------------------------------------------------------------------
OC = Order confirmation
(1) Orders received after 12:00 Noon Eastern Time shall have the "clock" start
at 8:00 a.m. on the next business day.
(2) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the appropriate
corresponding Retail measurements set forth in Appendix 1, or, in the absence of
appropriate corresponding Retail measurements set forth in Appendix 1, Retail
measurements to be reasonably determined and provided by BA.
CALCULATION OF PERFORMANCE CREDIT:
TOTAL SCORE:
0 or Greater Points = No Performance Credits
-1 to -3 points = 5 % of UNE POTS and Specials Non-Recurring Charges for ACI for
the measured calendar quarter times the Missed Installation Factor(1)
-4 to -5 points = 10 % of UNE POTS and Specials Non-Recurring Charges for ACI
for the measured calendar quarter times the Missed Installation Factor(1)
-6 to -7 points = 15 % of UNE POTS and Specials Non-Recurring Charges for ACI
for the measured calendar quarter times the Missed Installation Factor(1)
(1) Missed Installation Factor = (Missed Installation Appointments for UNE POTS
and Specials provided by BA to ACI for the measured calendar quarter as a
percentage of Installation Appointments for UNE POTS and Specials provided by BA
to ACI for the measured calendar quarter) - (Missed Installation Appointments
for POTS and Specials provided by BA to BA
35
retail customers for the measured calendar quarter as a percentage of
Installation Appointments for POTS and Specials provided by BA to BA retail
customers for the measured calendar quarter).
If more than 10% of ACI's orders are rejected or queried by BA(7), BA shall not
be obligated to calculate this Performance Category, to pay a Performance Credit
in connection with this Performance Category, or to take investigative or
corrective action under Section 3.3 with regard to any Performance Measurement
in this Performance Category.
------------------
(7) Orders that are rejected or queried by BA because of a failure in the
operation of a BA ordering system will not be included in calculations to
determine the percentage of ACI's orders that are rejected or queried by BA.
36
2. PERFORMANCE CATEGORY 3 - UNE MAINTENANCE:
-----------------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
-----------------------------------------------------------------------------------------------------------------------------------
POTS: % Out of Service > 24 Hours Moderate to High Parity(1) Moderate to High
(UNE KSQM 17) probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
SPECIALS: % Out of Service > 24 Hours Moderate to High Parity(1) Moderate to High
(UNE KSQM 17) probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
POTS: % Repeat Reports w/in 30 Days Moderate to High Parity(1) Moderate to High
(UNE KSQM 18) probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the appropriate
corresponding Retail measurements set forth in Appendix 1, or, in the absence of
appropriate corresponding Retail measurements set forth in Appendix 1, Retail
measurements to be reasonably determined and provided by BA.
CALCULATION OF PERFORMANCE CREDIT:
TOTAL SCORE:
0 or Greater Points = No Performance Credit
-1 point = 2 % of UNE POTS and Specials Recurring Charges for ACI for the
measured calendar quarter times the Lines Out of Service Factor(1)
-2 points = 4 % of UNE POTS and Specials Recurring Charges for ACI for the
measured calendar quarter times the Lines Out of Service Factor(1)
-3 points = 6 % of UNE POTS and Specials Recurring Charges for ACI for the
measured calendar quarter times the Lines Out of Service Factor(1)
(1) Lines Out of Service Factor = (Percentage of ACI UNE POTS and Specials lines
network troubles out of service > 24 hours - Percentage of BA retail customer
POTS and Specials lines network troubles out of service > 24 hours) x (ACI UNE
POTS and Specials lines with network troubles out of service > 24 hours, as a
percentage of the measured calendar quarter average total ACI UNE POTS and
Specials lines in service).
ADJUSTMENT OF PERFORMANCE CREDIT:
In the repair/maintenance function, mutual responsibilities exist. The
responsibility for testing unbundled loops and the identification of a required
dispatch for UNE reside with ACI. Reductions will be made in the Performance
Credit if necessary access is not available, or if a dispatch is made and no
trouble is found(8), or if trouble is found to be on the ACI customer's side of
the network demarcation point (e.g., in premises wiring or customer premises
equipment), at a statistically higher rate than BA experiences for BA's own
retail customers.
------------------------
(8) BA will not include in calculations to determine reductions in the
Performance Credit a dispatch where no trouble is found if a trouble which
should have been found on such dispatch is found on a subsequent dispatch.
37
-----------------------------------------------------------------------------------------------------------------------------------
Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
-----------------------------------------------------------------------------------------------------------------------------------
% No Access Moderate to High Parity(1) Moderate to High
probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
% Found OK or Trouble Found on Customer Premises Moderate to High Parity(1) Moderate to High
probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range".
TOTAL SCORE:
0 or Greater Points = No Adjustment to Maintenance Performance Credit
-1 point = 25 % Reduction of Maintenance Performance Credit
-2 points = 50 % Reduction of Maintenance Performance Credit
38
UNE DEFINITIONS, CONDITIONS, REQUIREMENTS & EXCLUSIONS:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.0 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
ORDERING (OC TIMELINESS AND REJECT TIMELINESS):
1. Unbundled Switching Network Elements are included for measurement after the
establishment of unbundled switching in the switch through the joint
planning/services establishment process.
2. Performance Measurements and Performance Credits will apply only if: (a)
EDI Issue 7 implementing LSOG Issue 2 ordering interface specifications (or such
later ordering interface specifications, supported by BA, as BA shall have made
available for ACI's use) is in place and is being used by ACI for all UNE
ordering which can be performed via EDI; or, (b) BA's GUI is in place and being
used by ACI for all UNE ordering which can be performed via BA's GUI. ACI must
implement later specifications of EDI and later versions of GUI within 90 days
(or such other shorter period as may be required by this Agreement) after BA has
made them available for ACI's use.
3. ACI shall provide to BA forecasts of UNE volumes at least six (6) months
prior to the commencement of the measured calendar quarter. Forecasts for UNE
volumes (including both number of orders to be submitted and number of items of
service to be ordered) shall be submitted by ACI for each month. If submission
volumes for any one month in a measured calendar quarter vary from forecasted
volumes for such month stated in submitted forecasts by more than 10% (plus or
minus), BA may exclude that month from consideration in calculating Performance
Measurements and Performance Credits and determining whether BA is obligated to
take investigative or corrective action under Section 3.3. If ACI fails to
timely provide the forecasts of UNE volumes to BA, BA may exclude Performance
Category 2 and the Performance Measurements in Category 2 from calculation of
Performance Credits and from taking investigative and corrective action under
Section 3.3.
4. When the ACI submitted work load for any one hour in a day is more than
twice (2x) the daily average hour ACI submitted work load(9), all transactions
for that day will be deemed to have at least met "Equals Standard" ("O" Points).
5. OC and Reject Timeliness Performance Measurements do not apply to orders
with negotiated due dates.
---------------------
(9) In calculating "the daily average hour ACI submitted work load", the
"daily" period used for the calculation shall be deemed to be twelve (12) hours
in length.
39
PROVISIONING (MISSED INSTALLATION APPOINTMENTS):
1. ACI Missed Installation Appointments do not include appointments missed or
rescheduled due to the delay, act or omission of ACI, ACI's contractors or
vendors,(10) or ACI's customers (including, but not limited to, inability to
access customer interfaces and terminals).
2. If the Expedited Due Dates(11) for any one month in a measured calendar
quarter exceed 10% of the total appointments for that month, BA will not be
obligated to calculate Performance Category 2 for that month, or the Performance
Measurements in Performance Category 2 for that month, and may exclude
Performance Category 2 for that month, and the Performance Measurements in
Performance Category 2 for that month, from calculation of Performance Credits
and from taking investigative and corrective action under Section 3.3.
3. ACI Missed Installation Appointments will be included in the computation
only if:
a. LOOP ORDERS:
(i) ANI to ACI telephone number, verification successful from DEMARC
by BA field technician.
(ii) All order information submitted by ACI was valid, accurate and
complete (e.g., street address, end user local contact (LCON),
floor/unit number, appropriate ACI transmission equipment assignment
information).
(iii) ACI and ACI's customer were available and ready for service at
appointed date and time.
(iv) Verifiable ACI dial tone and correct ACI telephone number at POT
bay testable by BA technician, by 8:00 a.m. on the date due minus one
(1) day.
(v) Accurate account and end user information was submitted on the
service request.
(vi) Orders were completed as submitted without cancellation after
Order Confirmation.
(vii) ACI and ACI's customer were available for testing and
cooperative coordination as requested by BA.
4. ACI shall provide to BA forecasts of UNE volumes at least six (6) months
prior to the commencement of the measured calendar quarter. Forecasts for UNE
volumes (including both number of orders to be submitted and number of items of
service to be ordered) shall be submitted by ACI for each month. If submission
volumes for any one month in a measured calendar quarter vary from forecasted
volumes for such month stated in submitted forecasts by more than 10% (plus or
minus), BA may exclude that month from consideration in calculating Performance
Measurements and Performance Credits and determining whether BA is obligated to
take investigative or corrective action under Section 3.3. If ACI fails to
timely provide the forecasts of UNE volumes to BA, BA may exclude Performance
Category 2 and the Performance Measurements in Category 2 from calculation of
Performance Credits and from taking investigative and corrective action under
Section 3.3.
5. If more than 10% of ACI's orders in a month fall out of BA's provisioning
systems (i.e., require manual investigation and/or correction), or require
correction of ACI provided information during provisioning, BA may exclude the
Missed Installation Appointments Performance Measurements for that month from
the calculation of calendar quarter Performance Measurements and Performance
Credits.
6. Performance Measurement calculations for provisioning will exclude UNEs
provided pursuant to negotiated installation intervals.
MAINTENANCE:
--------------------------
(10) For the purposes of Paragraph 1, above, the phrase "ACI's contractors or
vendors" does not include BA.
(11) An "Expedited Due Date" is any due date with a shorter interval than the
standard interval being offered by BA for the transaction at the time the
transaction is requested.
40
1. Out of Service Over 24 Hours: Excluded will be reports where access was
required but not available during the first 24 hours.
2. Measured Trouble Reports include those found to be in the Network:
Disposition Codes 03 (Drops), 04 (Loops) and 05 (Inside Central Office).
3. UNE loops that meet the standards identified in appropriate BA unbundled
loop Technical References will not be treated as Out of Service.
4. ACI shall establish a toll free 800 number for BA repair technicians to call
for trouble related questions and trouble closeout.
5. The ACI repair center and toll free number must be available 24 hours per
day, seven days per week.
41
C. RESALE SERVICES:
1. PERFORMANCE CATEGORY 4 - RESALE SERVICES ORDERING AND PROVISIONING:
---------------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
---------------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness < 10 Lines < 89.5 % < or = 24 Hours(1) 89.5 - 90.5% < or = 24 > 90.5% < or = 24 Hours(1)
(Resale KSQM 3.b) Hours(1)
---------------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness > or = 10 Lines < 89.5 % < or = 96 Hours(1) 89.5 - 90.5% < or = 96 > 90.5% < or = 96 Hours(1)
(Resale KSQM 3.b) Hours(1)
---------------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness < 10 Lines < 89.5 % < or = 24 Hours(1) 89.5 - 90.5% < or = 24 > 90.5% < or = 24 Hours(1)
(Resale KSQM 4.b) Hours(1)
---------------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness > or = 10 Lines < 89.5 % < or = 96 Hours(1) 89.5 - 90.5% < or = 96 > 90.5% < or = 96 Hours(1)
(Resale KSQM 4.b) Hours(1)
---------------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity(2) Moderate to High
POTS - Dispatch probability less than probability better than
(Resale KSQM 11) Parity(2) Parity(2)
---------------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity(2) Moderate to High
POTS - No Dispatch probability less than probability better than
(Resale KSQM 11) Parity(2) Parity(2)
---------------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity(2) Moderate to High
Specials probability less than probability better than
(Resale KSQM 11) Parity(2) Parity(2)
---------------------------------------------------------------------------------------------------------------------------------
OC = Order Confirmation
(1) Orders Received after 12:00 Noon Eastern Time will have the "clock" start at
8:00 a.m. on the next business day.
(2) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the appropriate
corresponding Retail measurements set forth in Appendix 1, or, in the absence of
appropriate corresponding Retail measurements set forth in Appendix 1, Retail
measurements to be reasonably determined and provided by BA.
CALCULATION OF PERFORMANCE CREDIT:
TOTAL SCORE:
0 or Greater Points = No Performance Credit
-1 to -3 points = 5 % of Resale Services Non-Recurring Charges for ACI for the
measured calendar quarter multiplied by the Missed Installation Factor(1)
-4 to -5 points = 10 % of Resale Services Non-Recurring Charges for ACI for the
measured calendar quarter multiplied by the Missed Installation Factor(1)
-6 to -7 points = 15 % of Resale Services Non-Recurring Charges for ACI for the
measured calendar quarter multiplied by the Missed Installation Factor(1)
(1) Missed Installation Factor = (Missed Installation Appointments for Resale
Services provided by BA to ACI for the measured calendar quarter as a percentage
of Installation Appointments for Resale Services provided by BA to ACI for the
measured calendar quarter) - (Missed Installation Appointments for
corresponding retail services provided by BA to BA retail customers for the
measured calendar quarter as a percentage of Installation Appointments for
corresponding retail services provided by BA to BA retail customers for the
measured calendar quarter).
42
If more than 10% of ACI's orders are rejected or queried by BA,(12) BA shall not
be obligated to calculate this Performance Category, to pay a Performance Credit
in connection with this Performance Category, or to take investigative or
corrective action under Section 3.3 with regard to any Performance Measurement
in this Performance Category.
2. PERFORMANCE CATEGORY 5 - RESALE SERVICES MAINTENANCE:
-----------------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
-----------------------------------------------------------------------------------------------------------------------------------
POTS: % Out of Service > 24 Hours Moderate to High Parity(1) Moderate to High
(Resale KSQM 17) probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
SPECIALS: % Out of Service > 24 Hours Moderate to High Parity(1) Moderate to High
(Resale KSQM 17) probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
POTS - % Repeat Reports w/in 30 Days Moderate to High Parity(1) Moderate to High
(Resale KSQM 18) probability less than probability better than
Parity(1) Parity(1)
-----------------------------------------------------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the corresponding
Retail measurements set forth in Appendix 1, or, in the absence of appropriate
corresponding Retail measurements set forth in Appendix 1, Retail measurements
to be reasonably determined and provided by BA.
CALCULATION OF PERFORMANCE CREDIT:
TOTAL SCORE:
0 or Greater Points = No Performance Credit
-1 point = 2 % of Resale Services Recurring Charges for ACI for the measured
calendar quarter multiplied by the Lines Out of Service Factor.(1)
-2 points = 4 % of Resale Services Recurring Charges for ACI for the measured
calendar quarter multiplied by the Lines Out of Service Factor.(1)
-3 points = 6 % of Resale Services Recurring Charges for ACI for the measured
calendar quarter multiplied by the Lines Out of Service Factor.(1)
(1) Lines Out of Service Factor = (Percentage of ACI Resale Services POTS and
Specials lines network troubles out of service > 24 hours - Percentage of BA
retail customer POTS and Specials lines network troubles out of service > 24
hours) x (ACI Resale Services POTS and Specials lines with network troubles out
of service > 24 hours, as a percentage of the measured calendar quarter average
total ACI Resale Services POTS and Specials lines in service).
ADJUSTMENT OF PERFORMANCE CREDIT:
In the repair function, mutual responsibilities exist. The responsibility for
authorizing a dispatch resides with ACI. Reductions will be made in the
Performance Credit if necessary access is not available, or if a dispatch is
made and no
---------------------
(12) Orders that are rejected or queried by BA because of a failure in the
operation of a BA ordering system will not be included in calculations to
determine the percentage of ACI's orders that are rejected or queried by BA.
43
trouble is found,(13) or if trouble is found to be on the ACI customer's side of
the network demarcation point (e.g., in premises wiring or customer premises
equipment), at a statistically higher rate than the same performance that BA
experiences for BA's own retail customers.
----------------------------------------------------------------------------------------------------------------------------------
Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
----------------------------------------------------------------------------------------------------------------------------------
% No Access Rate Moderate to High probability Parity(1) Moderate to High probability
less than Parity(1) better than Parity(1)
----------------------------------------------------------------------------------------------------------------------------------
% Found OK or Trouble Found on Moderate to High probability Parity(1) Moderate to High probability
Customer Premises less than Parity(1) better than Parity(1)
----------------------------------------------------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range".
TOTAL SCORE:
0 or Greater Points = No Adjustment to Maintenance Performance Credit
-1 point = 25 % Reduction of Maintenance Performance Credit
-2 points = 50 % Reduction of Maintenance Performance Credit
----------------------
(13) BA will not include in calculations to determine reductions in the
Performance Credit a dispatch where no trouble is found if a trouble which
should have been found on such dispatch is found on a subsequent dispatch.
44
RESALE DEFINITIONS, CONDITIONS, REQUIREMENTS & EXCLUSIONS:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.0 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
ORDERING (OC TIMELINESS AND REJECT TIMELINESS):
1. Performance Measurements and Performance Credits will apply only if: (a)
EDI Issue 7 implementing LSOG Issue 2 ordering interface specifications (or such
later ordering interface specifications, supported by BA, as BA shall have made
available for ACI's use) is in place and is being used by ACI for all Resale
Services ordering which can be performed via EDI; or, (b) BA's GUI is in place
and being used by ACI for all Resale Services ordering which can be performed
via BA's GUI. ACI must implement later specifications of EDI and later versions
of GUI within 90 days (or such other shorter period as may be required by this
Agreement) after BA has made them available for ACI's use.
2. ACI shall provide to BA forecasts of Resale Services volumes at least six
(6) months prior to the commencement of the measured calendar quarter.
Forecasts for Resale Services volumes (including both number of orders to be
submitted and number of items of service to be ordered) shall be submitted by
ACI for each month. If submission volumes for any one month in a measured
calendar quarter vary from forecasted volumes for such month stated in submitted
forecasts by more than 10% (plus or minus), BA may exclude that month from
consideration in calculating Performance Measurements and Performance Credits
and determining whether BA is obligated to take investigative or corrective
action under Section 3.3. If ACI fails to timely provide the forecasts of
Resale Services volumes to BA, BA may exclude Performance Category 4 and the
Performance Measurements in Category 4 from calculation of Performance Credits
and from taking investigative or corrective action under Section 3.3.
3. When ACI submitted work load for any one hour in a day is more than twice
(2x) the daily average hour ACI submitted work load,(14) all transactions for
that day will be deemed to have at least met "Equals Standard" ("O" Points).
4. OC and Reject Timeliness Performance Measurements do not apply to orders with
negotiated due dates.
PROVISIONING (MISSED INSTALLATION APPOINTMENTS):
1. ACI Missed Installation Appointments do not include appointments missed or
rescheduled due to the delay, act or omission of ACI, ACI's contractors or
vendors,(15) or ACI's customers (including, but not limited to, inability to
access interfaces and terminals).
2. If the Expedited Due Dates(16) for any one month in a measured calendar
quarter exceed 10% of the total appointments for that month, BA will not be
obligated to calculate Performance Category 4 for that month, or the Performance
Measurements in Performance Category 4 for that month, and may exclude
Performance Category 4 for that month, and the Performance Measurements in
Performance Category 4 for that month, from calculation of Performance Credits
and from taking investigative or corrective action under Section 3.3.
3. ACI Missed Installation Appointments will be included in the computation
only if:
-----------------------
(14) In calculating "the daily average hour ACI submitted work load", the
"daily" period used for the calculation shall be deemed to be twelve (12) hours
in length.
(15) For the purposes of Paragraph 1, above, the phrase "ACI's contractors or
vendors" does not include BA.
(16) An "Expedited Due Date" is any due date with a shorter interval than the
standard interval being offered by BA for the transaction at the time the
transaction is requested.
45
(a) All order information submitted by ACI was valid (e.g., street
address, end user local contact (LCON), Floor/unit number).
(b) ACI and ACI's customer were available and ready for service at the
appointed date and time. Access to Terminal Equipment was available.
(c) Accurate account and customer information was submitted by ACI.
(d) Orders were completed as submitted without cancellation after Order
Confirmation.
(e) ACI and ACI's customer were available for testing and cooperative
coordination as requested by BA.
4. ACI shall provide to BA forecasts of Resale Services volumes at least six
(6) months prior to the commencement of the measured calendar quarter.
Forecasts for Resale Services volumes (including both number of orders to be
submitted and number of items of service to be ordered) shall be submitted by
ACI for each month. If submission volumes for any one month in a measured
calendar quarter vary from forecasted volumes for such month stated in submitted
forecasts by more than 10% (plus or minus), BA may exclude that month from
consideration in calculating Performance Measurements and Performance Credits
and determining whether BA is obligated to take investigative or corrective
action under Section 3.3. If ACI fails to timely provide the forecasts of
Resale Services volumes to BA, BA may exclude Performance Category 4 and the
Performance Measurements in Category 4 from calculation of Performance Credits
and from taking investigative or corrective action under Section 3.3.
5. If more than 10% of ACI's orders in a month fall out of BA's provisioning
systems (i.e., require manual investigation and/or correction), or require
correction of ACI provided information during provisioning, BA may exclude
Missed Installation Appointment Performance Measurements for that month from the
calculation of calendar quarter Performance Measurements and Performance
Credits.
6. Performance Measurement calculations for provisioning will exclude Resale
Services provided pursuant to negotiated installation intervals.
MAINTENANCE:
1. Out of Service Over 24 Hours: Excluded will be reports where access was
required but not available during the first 24 hours.
2. Measured Trouble Reports include those found to be in the Network:
Disposition Codes 03 (Drops), 04 (Loops) and 05 (Inside Central Office).
3. ACI shall establish a toll free 800 number for BA repair technicians to call
for trouble related questions and trouble closeout.
4. The ACI repair center and toll free number must be available 24 hours per
day, seven days per week.
46
D. INTERCONNECTION TRUNKS
1. PERFORMANCE CATEGORY 6 - INTERCONNECTION TRUNK PROVISIONING
--------------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
-1 Point 0 Points + 1 Point
--------------------------------------------------------------------------------------------------------------------------------
Provisioning - Missed Installation > 1.65 Standard +/- 1.65 Standard > 1.65 Standard
Appointments(1) Deviations worse than Deviations from Deviations better than
(IT KSQM 11) mean BA mean BA mean BA
Performance for BA Performance for BA Performance for BA
IXC Feature Group D IXC Feature Group D IXC Feature Group D
Trunks. Trunks. Trunks.
--------------------------------------------------------------------------------------------------------------------------------
(1) Orders Received after 12:00 Noon Eastern Time will have the "clock" start
at 8:00 a.m. on the next business day.
CALCULATION OF PERFORMANCE CREDIT:
Total Score:
------------
Score % Credit Applied to
----- -------- -----------
0 or greater No Performance Credits
-1 point 10 % Trunk Non-Recurring Charges for ACI for the
measured calendar quarter
multiplied by the Missed Installation Factor(3)
(3) Missed Installation Factor = (Missed ACI Trunk Installation Appointments for
the measured calendar quarter as a percentage of ACI Trunk Installation
Appointments for the measured calendar quarter) - (Missed Installation
Appointments for BA IXC Feature Group D trunks for the measured calendar quarter
as a percentage of BA IXC Feature Group D Trunk Installation Appointments for
the measured calendar quarter).
ADJUSTMENT OF PERFORMANCE CREDIT:
In the provisioning function, mutual responsibilities exist. In addition to
trunks provided by BA to ACI, ACI will provide trunks to BA. If the percentage
of Missed Appointments for trunks ordered by BA from ACI exceeds the percentage
of missed appointments for trunks ordered by ACI from BA performance, the
Performance Credit will be reduced as stated below. (The percentage missed
appointment calculation comparison requires a minimum sample size of 50 trunks
on both sides to be valid.) ACI shall maintain due date intervals for trunks to
be provided by ACI to BA that are no longer than BA's due date intervals for
comparable trunks.
47
TRUNKS ORDERED BY BA FROM ACI
---------------------------------------------------------------------------------------------------------------------------------
Measurement 100% reduction in Credit 50% Reduction in Credit
---------------------------------------------------------------------------------------------------------------------------------
Provisioning of Trunks for BA by ACI - Missed
Installation Appointments: > 5 percentage points > 2 but < or = 5 percentage points worse than
worse than BA Performance BA Performance
---------------------------------------------------------------------------------------------------------------------------------
2. PERFORMANCE CATEGORY 7 - INTERCONNECTION TRUNK MAINTENANCE AND REPAIR
----------------------------------------------------------------------------------------------------------
Performance Approaches Standard Equals Standard Exceeds Standard
Measurement - 1 point 0 points + 1 point
----------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours > 1.65 Standard +/- 1.65 Standard > 1.65 Standard
(IT KSQM 17) Deviations worse than Deviations from Deviations better than
mean BA mean BA mean BA
Performance for BA Performance for BA Performance for BA
IXC Feature Group D IXC Feature Group D IXC Feature Group D
Trunks. Trunks. Trunks.
----------------------------------------------------------------------------------------------------------
CALCULATION OF PERFORMANCE CREDIT:
Total Score:
------------
Score % Credit Applied to
----- -------- ----------
0 or greater No Performance Credits
-1 point $ 1.00 Per DS1 Trunk per Day out of service Lines Out of Service Factor
(1) Lines Out of Service Factor = (Percentage of ACI Interconnection Trunks
network troubles out of service > 24 hours - Percentage of BA IXC Feature Group
D Trunk network troubles out of service > 24 hours) x (ACI Interconnection
Trunks with network troubles out of service > 24 hours, as a percentage of the
measured calendar quarter average total ACI Interconnection Trunks in service).
48
INTERCONNECTION TRUNK DEFINITIONS, CONDITIONS, REQUIREMENTS & EXCLUSIONS:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.0 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
PROVISIONING:
1. Performance Measurement calculations for provisioning will be performed only
if for the measured calendar quarter a minimum of 50 trunks was installed by BA
for ACI and a minimum of 100 IXC Feature Group D trunks was installed by BA for
IXCs.
2. Orders must be received electronically, using a BA supported version of BA's
electronic Access Service Request System.
3. Performance Measurement calculations for provisioning will exclude trunks
provided pursuant to negotiated installation intervals.
4. Performance Measurement calculations for provisioning will be based on
comparisons by trunk type (e.g., DS0 with DS0, DS1 with DS1).
5. ACI shall provide to BA forecasts of Interconnection Trunk volumes at least
six (6) months prior to the commencement of the measured calendar quarter.
Forecasts for Interconnection Trunk volumes (including both number of orders to
be submitted and number of items of service to be ordered) shall be submitted by
ACI either (a) for each month or (b) for each quarter, in which case the
quarterly volume will be pro-rated to a monthly volume. If submission volumes
for any one month in a measured calendar quarter vary from forecasted volumes
for such month stated in submitted forecasts by more than 10% (plus or minus),
BA may exclude that month from consideration in calculating Performance
Measurements and Performance Credits and determining whether BA is obligated to
take investigative or corrective action under Section 3.3. If ACI fails to
timely provide the forecasts of volumes to BA, BA may exclude Performance
Category 6 and the Performance Measurements in Category 6 from calculation of
Performance Credits and from taking investigative or corrective action under
Section 3.3.
6. ACI Missed Installation Appointments do not include:
a. Installation Appointments missed or rescheduled due to the delay, act
or omission of ACI, ACI's contractors or vendors(17), or ACI's
customers.
b. Missed Installation Appointments for ACI installations being made to
rehome trunks or for network grooming.
7. ACI Missed Installation Appointments will be included in the computation
only if they result in a blockage of traffic that is in excess of standard
design blocking thresholds and that is identified and reported to BA by ACI.
8. ACI Missed Installation Appointments will be included in the computation
only if:
a. All order information submitted by ACI was valid.
b. ACI was prepared to accept the installation of service at the
scheduled time.
-------------
(17) For the purposes of Paragraph 6, above, the phrase "ACI's contractors or
vendors" does not include BA.
49
c. Orders were completed as submitted without cancellation after order
confirmation.
d. ACI and ACI's customer were available for testing and cooperative
coordination as requested by BA.
9. ACI Missed Installation Appointments include only missed installation
appointments for interconnection trunks used one-way.
MAINTENANCE:
1. This Performance Category will be measured no earlier than the later of the
quarter commencing April 1, 1998, or completion of the WFA inventory for ACI and
BA trunks and validation of applicable field procedures.
2. Measured Trouble Reports include those found to be in the Network:
Disposition Codes 04 (Outside Plant) and 05 (Inside Central Office).
3. Applies only to trunks used as per applicable technical specifications.
4. ACI trunks will be included in the computation only if ACI was available for
testing and cooperative coordination if requested by BA.
5. Applies only to trunks where blockage exceeding standard design blocking
thresholds has been identified and reported by ACI.
6. Applies only to interconnection trunks used one-way.
50
E. BILLING
1. PERFORMANCE CATEGORY 8 - TIMELINESS OF DAILY USAGE FEED ("DUF") FOR UNE
SWITCHING AND RESALE SERVICES
-------------------------------------------------------------------------------------------------------------------------------
Performance Measurement Approaches Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
-------------------------------------------------------------------------------------------------------------------------------
Timeliness of Daily < 90% of recorded call 90% to 95% of > 95% of recorded call
Usage Feed events in 5 Business recorded call events in 5 events in 5 Business
(CLEC Billing KSQM 21) Days Business Days Days
-------------------------------------------------------------------------------------------------------------------------------
CALCULATION OF PERFORMANCE CREDIT
TOTAL SCORE:
0 or Greater Points = No Performance Credit
-1 point = 0.25 % of DUF Charges (for UNE Switching and Resale Services) for ACI
for the measured calendar quarter.
BILLING DEFINITIONS, CONDITIONS, REQUIREMENTS & EXCLUSIONS:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.0 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
1. UNE usage (Daily Usage Feed) information is limited to only Unbundled
Switching. Measurement with regard to Unbundled Switching will begin no earlier
than 4/1/98.
2. Excluded are delays or failures to provide information provided by third
parties.
3. Excluded are delays or failures to provide information where the cause of
the delay or failure also affects BA's ability to collect and utilize
information for itself.
4. Measurement will be made for lines that have been equipped at ACI's request
to collect daily usage feed information.
51
SCHEDULE 27.0
APPENDIX 4
STATISTICAL METHODOLOGY FOR DETERMINING "PARITY" RANGE
1. FOR PERFORMANCE MEASURES WHERE THE MEASURE IS A YES OR NO ON EACH MEASURED
ITEM: (E.G., % MET OR NOT MET):
MEASUREMENT OBJECTIVE:
To determine if the level of service provided to ACI is, on average, similar to
or different from the level of service BA provides to other BA customers.
The following methodology applies to service in which in each instance of its
provision, the outcome can be categorized as a success or a failure (e.g., was
the appointment missed, was a customer's line out of service for more than 24
hours, etc.).
Now, let x = the ith customers score on service; where
ij
x = 0 if the outcome is categorized as a success
ij
x = 1 if the outcome is categorized as a failure
ij
More specifically, let
[SIGMA]X = the number of ACI customers' instances of service categorized
lij as a failure
The standard of service against which the instances of service to ACI's
customers will be compared is the average of that provided by BA to its own
customers, viz.
[SIGMA]X where N is the number of instances of provision of
0ij 0j
P = ------------
0j N service j to BA's customers
0j
The service index calculated for ACI for service j and which will be compared
against the service standard Poj is given by:
[SIGMA]X where N is the number of instances of provision of
lij lj
P = ------------
lj N service j ACI's customers
lj
It is assumed that N(0j) will be large relative to N(1j); and that N(1j) may
in fact, for certain j, be small.
The assumption can be made that the N(1j) constitutes a sample taken from a
larger population comprised of N(0j) ; i.e., instances of service provision like
those provided to BA customers. In this case the N(1j) are not technically a
subset (i.e., sample) of N(0j). But for the purposes of the model we assume
that if ACI customers are being treated the same as BA customers, then the
distribution of the x(0ij) and the x(1ij); should be identical, hence our
viewing N(1j) as a sample of N(0j).
If such an assumption is correct then the value P(1j) should be similar to the
value P(0j). If it is not correct, then the two values would be expected to be
different with the magnitude of the difference reflecting how different the two
populations are, and by implication, how different the service level to each.
52
The question that arises is how close must P(1j) and P(0j) be to conclude that
the two populations received similar levels of service and how different must
they be to conclude they did not.
If we assume N(1j) is a sample taken from a universe identical to the BA
universe, then it is possible to derive the distribution of possible values of
P(1j) that could occur when drawing a sample of size N(1j) from such a universe.
If N(1j) is adequately large, (viz., if N(1j) is greater than 30) these values
will follow a normal distribution and have:
Expected value = E (x) = N P
lj 0j
and
the Variance = Var (x) = N P (1-P )
lj 0j 0j
If the CLEC population is in fact identical (or very nearly so) to the BA
population, then most values of P(1j) would lie close to P(0j), and if the
populations were not identical than most values of P(1j) would lie further from
P(0j) with the magnitude of the differences reflecting how different the two
underlying populations are and, by implication, how different the level of
service provided the two populations.
It is possible to evaluate how likely it is that the N(0j) and the N(1j)
instances of service are, on average, the same by evaluating how likely it would
be by chance alone to observe a difference as large as the one in fact observed,
viz. P(0j) - P(1j).
53
The procedure for performing this evaluation is as follows:
1. Calculate the BA service standard for service j as follows:
[SIGMA]X
0ij
P = ----------
0j N
0j
2. Calculate the level of service provided to ACI as follows:
[SIGMA]X
1ij
P = ----------
1j N
1j
3. Calculate an index of service level comparability, z, as follows:
P - P
0j 1j
-------------------
Z = ----------------
|
| P (1 - P )
| 0j 0j
| --------------
| N
\| 1j
4. Evaluate the probability of similar or dissimilar services for BA and CLEC
customers as follows:
< -0.83 - Probability is moderate to high that ACI
("Misses Standard") customers are more poorly served than BA
customers.
-0.83 to 0.83 ("Parity") - Probability is weak that ACI customers are
more poorly served than BA customers, or the
("Equals Standard") probability is high that ACI customers are
served the same as BA customers, or the
probability is weak that ACI customers are
better served than BA customers.
>0.83 - Probability is moderate to high that ACI
("Exceeds Standard") customers are better served than BA
customers.
For the purposes of Performance Metrics listed in Appendix 2 to which the
statistical methodology set forth in this Appendix 4, Section 1 is applicable,
and Performance Measurements listed in Appendix 3 to which the statistical
methodology set forth in this Appendix 4, Section 1 is applicable, BA's
performance will be deemed: (a) to have missed or failed to meet the "Parity"
standard ("Misses Standard") if the result is < -0.83 ("Probability is moderate
to high that ACI customers are more poorly served than BA customers"); (b) to
have equaled or met the "Parity" standard ("Equals Standard") if the result is
-0.83 to 0.83 (i.e., "Probability is weak that ACI customers are more poorly
served than BA customers, or the probability is high that ACI customers are
served the same as BA customers, or the probability is weak that ACI customers
are better served than BA customers"); or, (c) to have exceeded the "Parity"
standard ("Exceeds Standard") if the result is > 0.83 ("Probability is moderate
to high that ACI customers are better served than BA customers").
54
2. FOR PERFORMANCE MEASURES WHERE THE MEASURE IS A VARIABLE MEASURE: (E.G.,
CYCLE TIME):
MEASUREMENT OBJECTIVE:
To determine, for those services for which performance level is measured as an
elapsed time, if the level of service provided to ACI is, on average, similar to
or different from the level of service BA provides to other BA customers.
METHODOLOGY:
The following methodology applies to service in which in each instance of its
provision, the outcome is represented as a measurement of an interval of time
(e.g., 10 minutes, 2.5 hours, 3.5 days, etc.). For example, "time to restore
service."
Define the variable X, as duration of interval being measured (e.g., time to
restore service in hours)
Now, let N = the number of instances of service j for BA customers
j
n = the number of instances of service j for ACI customers
j
x = BA's ith customer's score on service j i=1,2,3...N
ij j
x = ACI's ith customer's score on service j i=1,2,3...n
ij j
1. Calculate the AVERAGE duration for service j for all Xxxx Atlantic
customers as follows:
N
j
[SIGMA]x
x + x + x ...x ij
1j 2j 3j Nj i=1
Average duration of BA customers = [MU] = ------------------- = ----------
N N
j j
2. Calculate the STANDARD DEVIATION of the duration scores on service j for
all BA customers as follows:
Standard deviation of BA customer's scores =
--------------------
----------------------------------------------------------- | N
| 2 2 2 2 | j 2
|(x - [mu]) + (x - [mu]) + (x - [mu]) + ... (x - [mu]) |[SIGMA](x - [mu])
| 1j 2j 3j Nj | i=1 ij
[sigma] = |---------------------------------------------------------- = |--------------------
x \| N \| N
\ j \ j
55
3. Calculate the AVERAGE duration for service j for all ACI customers as
follows:
N
j
x' + x' + x' ...x' [SIGMA]x'
_ 1j 2j 3j nj i=1 ij
Average duration of ACI customers X' = ------------------- = ----------
j n n
j j
4. Calculate an INDEX of parity:
Having determined the following values:
N = the number of instances of service j for BA customers
j
n = the number of instances of service j for ACI customers
j
[mu] = the average duration for all BA customers
[sigma] = the standard deviation of duration scores for all BA customers
x
_
X = the average duration for all ACI customers
j
Derive an index of parity as follows:
_
X - [mu]
j x
Index of Parity = t = ----------
[sigma]
x
-------
---
|n
\| j
\
where values of the index less than 0.0 indicate ACI customers are being
serviced on average with less delay (i.e., better) than BA customers, values of
the index greater than 0.0 indicate ACI customers are being serviced on average
with more delay (i.e., worse) than BA customers,
and
where greater absolute values of the index, t, indicate increasingly less
likelihood that the observed differences between ACI and BA customers' is due to
chance variation, or what is called sampling error, and greater likelihood the
difference is due to other than chance factors.
5. INTERPRET THE INDEX OF PARITY by referring to the PARITY TRANSLATION TABLE
and following these steps:
a. Note the value of nj as determined previously, and calculate the
value nj-1
b. Locate the value of nj-1 in the first column of the parity index
translation table
c. Inspect the ranges of values of t in the row of the table
corresponding to your value of nj-1, locating the range containing
the value of t corresponding to the one you calculated.
d. Look at the top of the column containing the value of t
corresponding to the one you calculated and read the interpretation
of the calculated index.
For the purposes of Performance Metrics listed in Appendix 2 to which the
statistical methodology set forth in this Appendix 4, Section 2 is applicable,
and Performance Measurements listed in Appendix 3 to which the statistical
methodology set forth in this Appendix 4, Section 2 is applicable, BA's
performance will be deemed: (a) to have missed or failed to meet the "Parity"
standard ("Misses Standard") if the result as shown on the PARITY TRANSLATION
TABLE is "Probability that CLEC customers Serviced worse than BA's Customers is
High" or "Probability that CLEC customers
56
Serviced worse than BA's Customers is Moderate"; (b) to have equaled or met the
"Parity" standard ("Equals Standard") if the result as shown on the PARITY
TRANSLATION TABLE is "Probability that CLEC customers Serviced worse than BA's
Customers is Weak", "Probability CLEC & BA Customers Serviced the Same is High",
or "Probability that CLEC Customers Serviced Better than BA's Customers is
Weak"; or, (c) to have exceeded the "Parity" standard ("Exceeds Standard") if
the result as shown on the PARITY TRANSLATION TABLE is "Probability CLEC
Customers Serviced Better than BA's Customers is Moderate" or "Probability that
CLEC Customers Serviced Better than BA's Customers is High").
57
EXHIBIT A
XXXX ATLANTIC - PENNSYLVANIA, INC.
DETAILED SCHEDULE OF ITEMIZED CHARGES
A. BA SERVICES, FACILITIES, AND ARRANGEMENTS:(1)
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
I. LOCAL CALL TERMINATION(2)
Traffic Delivered at BA End Office $.001864/MOU Not Applicable
Traffic Delivered at BA Tandem or Local
Serving Wire Center $.002902/MOU Not Applicable
(1) Unless a citation is provided to a generally applicable BA tariff, all
listed rates and services available only to ACI when purchasing these services
for use in the provision of Telephone Exchange Service, and apply only to Local
Traffic and local Ancillary Traffic. BA rates and services for use by ACI in
the carriage of Toll Traffic shall be subject to BA's tariffs for Exchange
Access Service. Adherence to these limitations is subject to a reasonable
periodic audit by BA.
As applied to wholesale discount rates, unbundled Network Elements or call
transport and/or termination of Local Traffic purchased for the provision of
Telephone Exchange Service or Exchange Access, the rates and charges set forth
in Exhibit A shall apply until such time as they are replaced by new rates as
may be approved or allowed into effect by the Commission from time to time
pursuant to the FCC Regulations, subject to a stay or other order issued by any
court of competent jurisdiction. At such time(s) as such new rates have been
approved or allowed into effect by the Commission, the Parties shall amend
Exhibit A to reflect the new approved rates.
(2) See note 6 regarding measurement and calculation of local traffic
termination charges.
1
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
II. UNBUNDLED TRANSPORT
A. DEDICATED TRANSPORT
Voice Grade/DS-0 $10.37/Month & VOICE XXXXX/XX-0, XX-0, XX-0
$.03/Mile/Month & DDS:
$1.05/Service Order,
DS-1 $37.66/Month & $353.70/Initial Facility &
$.66/Mile/Month $24.00/Additional Facility
(if purchased when initial
DS-3 $526.72/Month & facility ordered)
$18.66/Mile/Month
DDS $10.74/Month &
$.04/Mile /Month
B. COMMON TRANSPORT
Tandem Switching $.000836/MOU Not Applicable
Transport Fixed $.000152/MOU Not Applicable
Transport Per Mile $.000004/MOU Not Applicable
2
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
II. UNBUNDLED TRANSPORT (CONTINUED)
C. ENTRANCE FACILITIES
ALL:
$1.05/Service Order plus
installation charges for
each initial and additional
facility purchased at the
time of order:
$497.06/Initial &
2Wire Voice Grade Channel Termination $16.78/Month $289.47/Additional
$498.73/Initial &
4Wire Voice Grade Channel Termination $33.76/Month $290.02/Additional
$548.06/Initial &
DS-1 to Voice Grade Multiplexing $77.83/Month $548.06/Additional
$668.37/Initial &
DS-1 Channel Termination $180.59/Month $331.87/Additional
$548.06/Initial &
DS-3 to DS-1 Multiplexing $257.61/Month $548.06/Additional
$668.37/Initial &
DS-3 Channel Termination $1059.65/Month $331.87/Additional
D. DIGITAL CROSS-CONNECT SYSTEM
Service Establishment Not Applicable $1890.82
Database Modification Not Applicable $148.68/Modification Request
Reconfiguration by BA personnel Not Applicable $31.98 Programming
Charge/Half Hour
DS-0 Cross-Connect $20.54/Port/Month $26.17/Port
DS-1 Cross-Connect $71.92/Port/Month $32.71/Port
3
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
II. UNBUNDLED TRANSPORT (CONTINUED)
E. MID-SPAN MEET ARRANGEMENTS To be charged in
accordance with
the requirements
of Section 4.3 of
the Agreement
F. TRANSIT ARRANGEMENTS (FOR INTERCONNECTIONS
BETWEEN ACI AND CARRIERS OTHER THAN BA)
Tandem Switching $.000836/MOU Per Section II. above and
V., as applicable
Switched Transport $.000152/MOU
$.000004/MOU/Mile
III. UNBUNDLED SWITCHING(3)
A. LOCAL SWITCHING PORTS
POTS/PBX/Centrex $2.67/Port/Month $1.05/Service Order Per
Port: $2.97/Installation
$1.32/Disconnect
ISDN (BRI) $10.28/Port/Month $1.05/Service Order Per
Port: $2.97/Installation
$1.32/Disconnect
ISDN (PRI) $135.13/Port/Month $1.05/Service Order Per
Port: $113.36/Installation
$1.32/Disconnect
Public/Semi-Public $3.52/Port/Month $1.05/Service Order
Per Port: $2.97/Installation
$1.32/Disconnect
DID $5.98/Port/Month $1.05/ Service Order
Per Port:
$692.07/Installation
$1.32/Disconnect
B. TANDEM SWITCHING USAGE $.0008360/MOU Not Applicable
C. LOCAL SWITCHING USAGE
Originating With Vertical Features $.011067/MOU Not Applicable
Terminating With Vertical Features $.006143/MOU Not Applicable
-------------------
(3) In addition to the recurring and non-recurring rates set forth herein
for unbundled switching elements, BA may levy upon purchaser of such
elements any access charges (or portion thereof) permitted by Applicable Laws.
4
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
IV. UNBUNDLED LOOPS
POTS (Analog 2-Wire) DENSITY CELL: SERVICE ORDER: $1.05
1 - $11.52/Month INSTALLATION:
2 - $12.71/Month If premises visit not
3 - $16.12/Month required - $2.97 initial and
4 - $23.11/Month each additional loop; Not
Applicable if existing loop
& port together
If premises visit required -
$66.85, initial loop;
$22.59, additional loop
DISCONNECT:
$1.32 per loop
ISDN DENSITY CELL: SERVICE ORDER: $1.05
1 - $13.16/Month INSTALLATION:
2 - $14.35/Month If premises visit not
3 - $17.75/Month required - $12.91 initial
4 - $24.74/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required -
$76.78, initial loop;
$32.52, additional loop
DISCONNECT:
$1.32 per loop
5
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
IV. UNBUNDLED LOOPS (CONTINUED)
Customer Specified Signaling - 2 Wire DENSITY CELL: SERVICE ORDER: $1.05
1 - $11.52/Month INSTALLATION:
2 - $12.71/Month If premises visit not
3 - $16.12/Month required - $2.97 initial and
4 - $23.11/Month each additional loop; Not
Applicable if existing loop
& port together
If premises visit required -
$66.85, initial loop;
$22.59, additional loop
DISCONNECT:
$1.32 per loop
COORDINATED CUTOVER:
If premises visit not
required - $3.24 per order
If premises visit required -
$12.10 per order
DESIGNED CIRCUIT:
$40.93 per order
6
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
IV. UNBUNDLED LOOPS (CONTINUED)
Customer Specified Signaling - 4 Wire DENSITY CELL: SERVICE ORDER: $1.05
1 - $22.40/Month INSTALLATION:
2 - $26.36/Month If premises visit not
3 - $33.03/Month required - $2.97 initial and
4 - $45.47/Month each additional loop; Not
Applicable if existing loop
& port together
If premises visit required -
$66.85, initial loop;
$22.59, additional loop
DISCONNECT:
$1.32 per loop
COORDINATED CUTOVER:
If premises visit not
required - $3.24 per order
If premises visit required -
$12.10 per order
DESIGNED CIRCUIT:
$40.93 per order
7
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
IV. UNBUNDLED LOOPS (CONTINUED)
DS1 DENSITY CELL: SERVICE ORDER: $1.05
1 - $132.51/Month INSTALLATION:
2 - $139.37/Month If premises visit not
3 - $168.59/Month required - $2.97 initial and
4 - $252.46/Month each additional loop; Not
Applicable if existing loop
& port together
If premises visit required -
$66.85, initial loop;
$22.59, additional loop
DISCONNECT:
$1.32 per loop
COORDINATED CUTOVER:
If premises visit not
required - $3.24 per order
If premises visit required -
$12.10 per order
DESIGNED CIRCUIT:
$40.93 per order
2 Wire ADSL Loops Interim pricing is Interim pricing is equal to
equal to Analog 2W, Analog 2W, with True Up at
with True Up at the the time Commission approved
time Commission rates go into effect
approved rates go pursuant to Tariff
into effect pursuant
to Tariff
2 Wire & 4 Wire HDSL Loops XXX XXX
V. COLLOCATION CROSS-CONNECTION
A. VOICE GRADE LOOP
Physical DS0 CO side to equipment $.41/Month
Not Applicable
Virtual DS0 with RFT CO side MDF to $1.20/Month Not Applicable
equipment
Virtual DS1 with EDSX (1DS1 + 24 DS0's $60.21/Month BOTH:
with IDLC) $1.05/Service Order
$544.36/Initial Installation
Virtual DS1 with CFA (24DS0s with IDLA) $44.08/Month & $210.46/Additional
Installations
8
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
V. COLLOCATION CROSS-CONNECTION (CONTINUED)
B. OTHER
Physical DS3 $84.27/Month ALL:
$1.05/Service Order
Physical DS1 $15.72/Month $481.36/Initial Installation
& $194.71/Additional
Virtual DS3 $88.81/Month Installations
Virtual DS1 $16.12/Month
VI. TIME AND MATERIALS
Special Construction As applicable per BA-PA PUC
1 sec. 9
Service Technician (service work on unbundled Not Applicable $1.05/Service Order
loops outside of the Central Office) $26.24/Premises Visit
$12.10 Labor Charge/ Quarter
Hour After First Quarter
Hour
Central Office Technician Not Applicable $1.05/Service Order
$10.42 Labor Charge/ Quarter
Hour or Fraction Thereof
VII. SIGNALING AND DATABASES
A. STP PORT
Termination $640.02/Month $94.15/Port
Access $.47/Mile/Month $1.05/Service Order
$274.06/Initial Facility &
$24.01/Additional Facility
B. 800/888 DATABASE
Basic Query $.000835/Query Not Applicable
Vertical Query $.000343/Query Not Applicable
9
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
VII. SIGNALING AND DATABASES (CONTINUED)
C. LIDB VALIDATION
LIDB Point Codes Not Applicable $85.84/Point Code
Calling Card $.015542/Query Not Applicable
Billed Number Screening $.015542/Query Not Applicable
Storage of ACI's Data in LIDB Database Not Applicable $1,469.92 Service
Establishment
D. AIN SERVICE CREATION (ASC) SERVICE
1. DEVELOPMENTAL CHARGES
Service Establishment Not Applicable $884.08
Service Creation Access Port $123.86/Port/Month Not Applicable
Service Creation Usage
a. Remote Access $1,328.47/Day Not Applicable
b. On-Premise $1,328.47/Day Not Applicable
Certification & Testing $76.99/Hour Not Applicable
Help Desk Support $81.48/Hour Not Applicable
2. SERVICE CHARGES
Subscription Charge $5.44/Month Not Applicable
Database Queries
a. Network Query $.0007/Query Not Applicable
b. ACI Network Query $.0007/Query Not Applicable
c. ACI Switch Query $.0007/Query Not Applicable
Trigger Charge
a. Line Based $.0010/Query Not Applicable
b. Office Based $.0010/Query Not Applicable
Utilization Element $.0003/Query Not Applicable
Service Activation Charge
a. Network Service Activation Not Applicable $8.37/Service Activated/Line
b. ACI Network Service Activation Not Applicable $8.37/Service Activated/Line
c. ACI Switch Service Activation Not Applicable $8.37/Service Activated/Line
D. AIN SERVICE CREATION (ASC) SERVICE
(CONTINUED)
Service Modification
DTMF Update $.1080/Occurrence Not Applicable
Switch Based Announcement $.005/Announcement Not Applicable
VIII. DIRECTORY LISTINGS & BOOKS
10
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
Primary Listing (on initial UNE service Not Applicable Not Applicable
order). For each residence telephone
number, two (2) listings in the White
Page directory are provided. For each
business telephone number listed (except
numbers of Centrex or Centrex-like
services or indialing service station
lines) one (1) listing is provided in the
White Page Directory and one (1) listing
in the Yellow Page directory of the type
provided to BA-PA end user business
customers for which no specific charge
applies.
Other Tariffed Listing Services (For Retail rates less wholesale discount. For retail
listings ordered in excess of the primary rates see BA-PA tariff No. 1 sec. 5.B.
listings provided or other listing types,
or listings ordered at a time other than
initial UNE service order, or listings
ordered not associated with a UNE service
order.)
Books & delivery (annual home area No charge for normal numbers of books delivered to
directories only) end users; bulk deliveries to ACI per separate
arrangement
11
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
IX. OPERATOR SERVICES/DIRECTORY ASSISTANCE
Direct Access $.0342/Query $32,135.28/Link & $15,206.81
Service Establishment
Directory Assistance $.3664/Call Not Applicable
Directory Transport
Tandem Switching $.000730/Call Not Applicable
Tandem Switched Transport $.000132/Call & Not Applicable
$.000000/Mile/Call
Operator Services - Live $.01280/Operator Not Applicable
Work
Second
Operator Services - Automated $.00158/Automated Not Applicable
Work
Second
Branding for Directory Assistance and/or Not Applicable $1,358.62/Message
Operator Services
Carrier-to-Carrier LSV/VCI Requests $.01280/Operator Not Applicable
Work
Second
12
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
X. ACCESS TO OPERATION SUPPORT SYSTEMS
A. PRE-ORDERING $.22/Query Not Applicable
B. ORDERING $3.34/Transaction Not Applicable
C. PROVISIONING Included in Ordering Not Applicable
D. MAINTENANCE & REPAIR
1. ECG ACCESS $.22/Query Not Applicable
2. EB/OSI ACCESS $1.16/Trouble Ticket Not Applicable
E. BILLING
1. CD-ROM $246.59/CD-ROM Not Applicable
2. DAILY USAGE FILE
a. EXISTING MESSAGE RECORDING $.000258/Message Not Applicable
b. DELIVERY OF DUF
Data Tape $17.18/Tape $61.39/Programming Hour
Network Data Mover $.000094/Message Not Applicable
CMDS $.000094/Message $61.39/Programming Hour
c. DUF TRANSPORT
9.6 kb Communications Port $10.24/Month $7,437.36/Port
56 kb Communications Port $28.29/Month $30,778.91/Port
256 kb Communications Port $28.29/Month $51,236.88/Port
T1 Communications Port $359.31/Month $182,827.99/Port
Line Installation Not Applicable $61.39/Programming Hour/Port
Port Set-up Not Applicable $9.85/Port
Network Control Programming Coding Not Applicable $61.39/Programming Hour/Port
XI. EXCHANGE ACCESS SERVICE
Interstate Per BA-FCC tariff number 1
Intrastate Per BA-PA tariff number 302
13
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
XII. NUMBER PORTABILITY
Interim (using RCF) $1.50/Month/Ported $5.00/Service Order
Number $4.00/Installation/No. at
same location
Permanent Per permanent funding mechanism when established.
Access pass-through to number portability In accordance with Section 14.5 of Agreement
purchaser
XIII. 911/E911
Transport Per section II above.
Data Entry and Maintenance No Charge
XIV. POLES CONDUITS & ROW Per contract rates pursuant to 47 U.S.C. sec. 224
Illustrative:
Duct: $5.45/Foot/Year
Pole: $3.98/Attachment/Year
XV. NETWORK INTERFACE DEVICE (NID) $.68/Month Not Applicable
XVI. ACCESS TO TELEPHONE NUMBERS (NXX CODES ISSUED No Charge
PER ICCF CODE ADMINISTRATION GUIDELINES)
XVII. LOCAL DIALING PARITY No Charge
XVIII. CUSTOMIZED ROUTING
To Reseller Platform $.142360/Line/Month $3.84/Line
To BA Platform for Re-Branding $.08330/Call $3.84/Line
Customized Routing Transport Per section II above.
14
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
XIX. WHOLESALE DISCOUNT FOR RESALE OF RETAIL TELECOMMUNICATIONS SERVICES(4)
Resale of retail services if ACI provides own 20.69%
operator services platform
Resale of retail services if ACI uses Xxxx 18.43%
Atlantic operator services platform
Pennsylvania Gross Receipts Tax Discount Discount as per BA-PA PUC 1 sec. 1.8.1 tariff.
----------------------
(4) Excludes telecommunications services designed primarily for wholesale, such
as switched and special exchange access service, and, subject to Section 12 of
the Agreement, the following additional arrangements that are not subject to
resale: limited duration (90 days or less) promotional offerings, public coin
telephone service, and technical and market trials. Taxes shall be collected
and remitted by the reseller and BA in accordance with legal requirements and as
agreed between the Parties. Surcharges (e.g., 911, telecommunications relay
service, universal service fund) shall be collected by the reseller and either
remitted to the recipient agency or NECA, or passed through to BA for remittance
to the recipient agency or NECA, as appropriate and agreed between the Parties.
End user common line charges shall be collected by the reseller and remitted to
BA.
Pending establishment of mechanized billing procedures adapted to resale,
BA will apply the wholesale discount for resale as a "bottom-of-the-xxxx"
discount rate and will utilize a "true-up" process to correct possible
inadvertent application of the wholesale discount to the exclusions identified
herein and to reflect other adjustments as the Companies agree.
15
B. ACI SERVICES, FACILITIES, AND ARRANGEMENTS:
SERVICE OR ELEMENT DESCRIPTION: RECURRING CHARGES: NON-RECURRING CHARGE:
------------------------------ ----------------- --------------------
I. LOCAL CALL TERMINATION(5)
Traffic Delivered at End Office $.001864/MOU Not Applicable
Traffic Delivered at Tandem or Local Serving
Wire Center $.002902/MOU Not Applicable
II. NUMBER PORTABILITY
Interim $1.50/Month/Ported $5.00/Service Order
Number $4.00/Installation/No. at
same location
Permanent Per permanent funding mechanism when established.
Access pass-through to number portability In accordance with Section 14.5 of Agreement
purchaser
III. EXCHANGE ACCESS SERVICE
Interstate Per ACI FCC exchange access tariff.
Intrastate Per ACI PA tariff exchange access tariff.
IV. LOCAL DIALING PARITY No Charge
V. ALL OTHER ACI SERVICES AVAILABLE TO BA FOR Available at ACI's tariffed or otherwise generally
PURPOSES OF EFFECTUATING LOCAL EXCHANGE COMPETITION available rates, not to exceed BA rates for
equivalent services available to ACI.
VI. OTHER SERVICES $.03/Call No Charge
INFORMATION SERVICE BILLING FEE
-----------------------
(5) See note 6 regarding measurement and calculation of local traffic
termination charges.
16
6 LOCAL TRAFFIC TERMINATION RATES
A. CHARGES BY BA
(a) Traffic delivered to BA Local Serving Wire Center ("LSWC") or BA
Access Tandem: $.002902 per mou.
(b) Traffic delivered directly to terminating BA End Office: $.001864 per
mou.
B. CHARGES BY ACI
1. Single-tiered interconnection structure:
ACI's rates for the termination of BA's Local Traffic under the
single-tiered interconnection structure shall be recalculated once each
year on each anniversary of the Effective Date (the "Rate Determination
Date"). The methodology for recalculating the rates is as follows:
LSWC/ACCESS TANDEM MINUTES = Total minutes of use of Local Traffic
delivered by ACI to the BA LSWC or BA Access Tandem for most recent
billed quarter.
END OFFICE MINUTES = Total minutes of use Local Traffic delivered
by ACI directly to the terminating BA End Office for most recent
billed quarter.
TOTAL MINUTES = Total minutes of use of Local Traffic delivered
by ACI to BA for most recent billed quarter.
ACI Charge at the ACI-IP =
(LSWC/ACCESS TANDEM MINUTES x $.002902) + (END OFFICE MINUTES x $.001864)
--------------------------------------------------------------------------
TOTAL MINUTES
For the first year after the Effective Date, the ACI charge shall be
calculated based on the traffic data of the quarter immediately preceding
such Effective Date, or if no such traffic exists, on the proportion of
local call termination trunks to BA End Offices and to BA LSWC/Access
Tandems.
2. Multiple-tiered interconnection structure (if offered by ACI to any
carrier)
(a) Local Traffic delivered to ACI LSWC or ACI Access Tandem: $.002902
(b) Local Traffic delivered to terminating ACI End Office/node: $.001864
C. MISCELLANEOUS NOTES
1. In the event a Party desires to deliver Local Traffic to a LSWC (i) that is
not located within 25 miles of the Tandem Office that it subtends, or (ii) where
the Tandem Office that it subtends is not located within 25 miles of the Tandem
Office that is subtended by the terminating End Office, or (iii) that is not
located within 25 miles of the Tandem Office that is subtended by the
terminating End Office, then the Party shall (x) in addition to paying the
LSWC/Access Tandem termination rate described above, purchase the necessary
facilities from the terminating Party to transport such Traffic to a qualifying
LSWC or Access Tandem that is not subject to any of conditions (i), (ii), or
(iii) above, (y) purchase such other service(s) as the terminating Party may
offer under applicable tariff to remedy such condition(s), or (z) enter into a
new compensation arrangement as the Parties may agree. Notwithstanding the
foregoing, nothing in this Agreement shall obligate BA to provide switching
services at a LSWC when it functions as such.
2. The ACI termination rate under the single-tiered interconnection structure
set forth above is intended to be a Local Traffic termination rate for
Interconnection to the ACI-IP within each LATA that is reciprocal and equal to
the actual rates that will be charged by BA to ACI under the two-tiered Local
Traffic termination rate structure described above that will apply after the
first anniversary of the Effective Date. The single ACI termination rate is
also intended to provide financial incentives to ACI to deliver traffic directly
to BA's terminating End Offices once ACI's traffic volumes reach an appropriate
threshold.
17
Exhibit B BONA FIDE REQUEST PROCESS FOR FURTHER UNBUNDLING
1. The Parties recognize that, because ACI plans to maintain a
technologically advanced network, it is likely to seek further unbundling
of Network Elements or the introduction of new Network Elements.
Accordingly, ACI may request such new unbundled Network Elements or
arrangements from time to time by submitting a request in writing ("Bona
Fide Request" or "BFR"). Xxxx Atlantic shall promptly consider and analyze
ACI's submission of a Bona Fide Request that Xxxx Atlantic provide: (a) a
method of Interconnection or access to a Network Element not otherwise
provided under this Agreement at the time of such Bona Fide Request; (b) a
method of Interconnection or access to a Network Element that is different
in quality to that which Xxxx Atlantic provides to itself, its Affiliates,
or its subscribers at the time of such request; (c) Collocation at a
location other than a Xxxx Atlantic Central Office; and (d) such other
arrangement, service, or Network Element for which a Bona Fide Request is
required under this Agreement. Items (a) through (d) above may be referred
to individually as a "BFR Item." The Bona Fide Request process set forth
herein does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (rel. October 19, 1992),
Paragraph 259 and Footnote 603 or subsequent orders.
2. A Bona Fide Request shall be submitted in writing and shall contain
information required to perform a preliminary analysis of the requested BFR
Item. Such information will include a technical description of each BFR
Item and reasonable estimates of the number or volume requested, the
location(s) of each BFR Item, and the date(s) each BFR Item is desired.
ACI shall submit each BFR via United States Postal Service or private
courier, return receipt requested.
3. ACI may cancel a Bona Fide Request at any time, but shall pay Xxxx
Atlantic's reasonable and demonstrable costs of processing and/or
implementing the Bona Fide Request up to the date of cancellation; except
ACI shall not be charged for preliminary analysis if costs do not exceed
one hundred dollars ($100). Xxxx Atlantic shall notify ACI if costs will
exceed five thousand dollars ($5,000). Xxxx Atlantic shall provide ACI
with weekly status reports on the progress of its analysis and shall
include the cost of such status reports in the costs of processing the BFR.
4. Within fifteen (15) business days after its receipt of a Bona Fide
Request, Xxxx Atlantic shall provide to ACI a preliminary analysis of the
BFR Item. The preliminary analysis shall respond in one of the following
ways:
4.1 confirm that Xxxx Atlantic will offer the BFR Item and identify
the date (no more than ninety (90) days after the date of the
preliminary analysis) when Xxxx Atlantic will deliver a firm price
proposal, including service description, pricing and an estimated
schedule for availability ("Bona Fide Request Price Proposal");
4.2 provide a detailed explanation that such BFR Item is not
technically feasible and/or that the BFR Item does not qualify as one
that is required to be provided under the Act;
4.3 inform ACI that Xxxx Atlantic must do laboratory testing to
determine whether the BFR Item is technically feasible;
4.4 inform ACI that Xxxx Atlantic must do field testing to determine
whether the BFR Item is technically feasible;
4.5 inform ACI that it is necessary for the Parties to undertake a
joint technical/operational field test in order to determine both
technical feasibility and operational cost impacts of the BFR Item; or
4.6 request face-to-face meetings between technical representatives
of both Parties to further explain the BFR Item. No later than five
(5) business days following such meetings, Xxxx Atlantic will provide
a preliminary analysis in one of the ways identified in Sections 4.1
through 4.5. Both Parties shall make reasonable efforts to schedule
such meetings as expeditiously as possible.
5. Within ten (10) business days after receiving Xxxx Atlantic's
preliminary analysis from Section 4.3, 4.4, or 4.5, ACI shall:
5.1 in the case of Sections 4.3 or 4.4, (i) negotiate a mutually
agreeable, reasonably expeditious schedule for Xxxx Atlantic's
testing, (ii) a mutually agreeable date (no more than ninety (90) days
after the testing has shown the BFR Item is technically feasible) when
Xxxx Atlantic will deliver a Bona Fide Request Price Proposal, and
(iii) a mutually agreeable arrangement for sharing the testing costs;
or
5.2 in the case of Section 4.5, (i) negotiate a mutually agreeable,
reasonably expeditious schedule for joint technical/operational field
testing, (ii) a mutually agreeable date (no more than 90 days after
the testing has shown the BFR Item is technically feasible) when Xxxx
Atlantic will deliver a Bona Fide Request Price Proposal, and a
mutually agreeable arrangement for sharing the testing costs.
6. In handling a Bona Fide Request pursuant to Xxxxxxx 0, Xxxx Xxxxxxxx
shall, to the extent possible, utilize information from previously
developed Bona Fide Requests in order to shorten its response times. ACI
may take advantage of previously canceled BFR work performed by Xxxx
Atlantic on the same BFR Item or a substantially similar BFR Item, to the
extent applicable.
7. Within ten (10) business days after receiving Xxxx Atlantic's
preliminary analysis from Section 4.1, ACI shall:
7.1 accept Xxxx Atlantic's date to deliver a Bona Fide Request Price
Proposal;
7.2 negotiate as expeditiously as possible a different date for Xxxx
Atlantic to deliver a Bona Fide Request Price Proposal; or
7.3 cancel the Bona Fide Request.
8. Unless the Parties otherwise agree, a BFR Item shall be priced in
accordance with Section 252(d)(1) of the Act and any applicable FCC or
Commission rules, regulations, or orders. Consistent with Applicable Law,
the price for each BFR Item shall include the reasonable and demonstrable
costs incurred by Xxxx Atlantic in responding to the BFR, to the extent
that Xxxx Atlantic has not previously been reimbursed for such costs.
9. Within ninety (90) days after its receipt of the Bona Fide Request
Price Proposal, ACI must either place an order for such BFR Item pursuant
to the Bona Fide Request Price Proposal or, if it believes such Bona Fide
Request Price Proposal is inconsistent with the requirements of the Act,
seek arbitration by the Commission, including the use of any available
expedited procedures. If, within ninety (90) days after its receipt of the
Bona Fide Request Price Proposal, ACI fails to confirm an order for such
BFR Item or seek arbitration by the Commission, Xxxx Atlantic may treat the
Bona Fide Request as canceled by ACI. If within ninety (90) days after
issuance of a Commission order finding that a Bona Fide Request Price
Proposal is consistent with the requirements of the Act, ACI fails to place
an order for such BFR Item, Xxxx Atlantic may treat the Bona Fide Request
as canceled by ACI.
10. If a Party to a Bona Fide Request believes that the other Party is not
requesting, or negotiating, or processing the Bona Fide Request in good
faith, or disputes a determination, or price or cost quote, or is failing
to act in accordance with Section 251 of the Act, such Party may seek
mediation or arbitration by the Commission, including the use of any
available expedited procedures, after giving the other Party written notice
at least ten (10) days in advance.
EXHIBIT C
DIRECTORY ASSISTANCE AND INTRALATA
CALL COMPLETION SERVICES AGREEMENT
THIS AGREEMENT is made, effective this _____ day of _____________ 19___, by
and between XXXX ATLANTIC - __________________, INC., (hereinafter referred to
as "Xxxx Atlantic"), a __________________________ corporation, with offices at
_____________________________________, and _______________________________,
hereinafter referred to as "Carrier", a ______________________ corporation with
offices at _______________________________________.
1. SCOPE AND TERM OF AGREEMENT
---------------------------
1.1 SCOPE This Agreement sets forth the terms and conditions which shall
govern the use of and payment for Directory Assistance (DA) Service and
IntraLATA Operator Service (hereinafter collectively referred to as
"Services") to be provided by Xxxx Atlantic, or its affiliated companies, to
Carrier. Carrier shall subscribe to and pay for Services for Carrier's local
exchange customers in the ___________ LATA(s).
1.2 TERM The initial term of this Agreement shall commence as of 12:01 a.m.
on the date first written above and will expire six (6) months following the
Cutover Date as defined in Section 3.2. At the end of this initial term, or
any subsequent renewal term, this Agreement shall automatically renew for an
additional period of six (6) months unless either party provides written
notice to the other of its intent to terminate at least three (3) months
prior to the expiration of the then current term.
2. DESCRIPTION OF SERVICES
-----------------------
2.1 DIRECTORY ASSISTANCE (DA) SERVICE
a) Directory Assistance Service shall consist of 1) directory transport
by Xxxx Atlantic from the point of Xxxx Atlantic's interconnection with
Carrier's trunks to Xxxx Atlantic's designated DA locations, and 2) the
provision of telephone number listings by Xxxx Atlantic operators in response
to calls from Carrier's local exchange customers located in the LATA(s)
designated in Section 1.1.
b) A maximum of two requests for telephone numbers will be accepted per DA
call. A "DA call" as used in this Agreement shall mean a call answered by or
forwarded to Xxxx Atlantic, regardless of whether a telephone number is
requested, provided, or available. The listings that will be available to
Carrier's customers are those telephone numbers that are listed in Xxxx
Atlantic's DA records for the LATA(s) designated in Section 1.1.
1
2.2 IntraLATA Call Completion Service IntraLATA Call Completion Service
consists of the live and automated local and toll call completion services
specified in Appendix B including the completion of collect, card and
xxxx-to-third party calls; busy line verification; customer requested
interrupt; and other assistance to Carrier's local exchange customers located
in the LATA(s) designated in Section 1.1.
2.3 BRANDING Branding is a service option that permits the Carrier to
deliver a customized front-end announcement to its callers, identifying the
Carrier as the customer service provider. Carrier shall provide the
information required by Xxxx Atlantic to create this announcement. Branding
also requires that the Carrier maintain dedicated trunking arrangements to
the designated Xxxx Atlantic DA or operator switch locations.
2.4 END USER BILLING Xxxx Atlantic will provide Carrier with unrated EMR
records for use in the billing of Carrier's end users for Services. The rating,
billing, and settlement of end-user charges for the calls are the responsibility
of Carrier.
2.5 SERVICE METHODS Xxxx Atlantic agrees to provide Services in accordance
with Xxxx Atlantic's service standards and methods. Xxxx Atlantic will notify
Carrier in writing of any significant policy changes to operator services or
directory assistance standards and methods prior to implementation.
2.6 CUSTOMIZED SERVICE FEATURES AND OPTIONS Carrier may request
custom-designed service features or optional services to be provided in
conjunction with the Services hereunder. Upon mutual agreement of the
parties, such features and options will be provided pursuant to this
Agreement. Xxxx Atlantic, if requested, shall provide Carrier with an
estimate of the charges for such custom-designed supplements, changes, or
options prior to implementation.
3. COMMENCEMENT AND IMPLEMENTATION OF SERVICE
------------------------------------------3.1 REQUIRED INFORMATION Each
party shall make good-faith efforts to carry out its respective
responsibilities in meeting a jointly established schedule for
implementation. All records and other required information specified in
Appendix C, as well as a fully completed Technical Questionnaire, will be
furnished by Carrier at least ninety (90) days prior to the commencement of
services (i.e., the Cutover Date described in Section 3.2). Notices of any
changes, additions, or deletions to such records and information shall be
provided promptly in writing by Carrier to Xxxx Atlantic. Xxxx Atlantic will
review these change requests and determine any potential impact on the
Cutover Date. Written confirmation of any impact will be provided to Carrier.
2
3.2 CUTOVER DATE The Cutover Date for Service(s) provided under this
Agreement shall be the date on which the Service(s) shall be available to all
of Carrier's local exchange customers in the LATA(s) designated in Section
1.1. The initial six-month term set forth in Section 1.2 shall commence on
the Cutover Date.
3.3 SERVICE REVIEW MEETINGS Xxxx Atlantic will meet and confer with Carrier
during the term of this Agreement to review and discuss the Services provided
under this Agreement. The times for meetings will be established by mutual
agreement of the parties.
4. EQUIPMENT AND FACILITIES
------------------------
4.1 XXXX ATLANTIC will establish and maintain such access equipment and
related facilities as may be necessary to perform the Services under this
Agreement, provided that Carrier furnishes Xxxx Atlantic the information
specified in Appendix C, and any changes in such information, in a timely and
accurate manner. Any additional services that Carrier seeks during the term
of this Agreement will be subject to mutual agreement and the availability of
facilities and equipment.
4.2 CARRIER will provide and maintain such equipment within its premises as is
necessary to permit Xxxx Atlantic to perform the agreed-upon Services in
accordance with Xxxx Atlantic standard equipment operation and traffic operation
procedures.
4.3 CARRIER TRANSPORT
a) Carrier shall, at its expense, arrange for and establish the trunking
and other transport, interface, and signaling arrangements required by
Xxxx Atlantic to provide Services to Carrier. Separate dedicated trunks for
each NPA or LATA may be required. Any trunks or other transport and access
that Carrier obtains from Xxxx Atlantic to deliver Carrier's calls to Xxxx
Atlantic shall be provided pursuant to the applicable tariffs, or other
contractual arrangements, and not under this Agreement. Xxxx Atlantic agrees
to coordinate the scheduling of Services to be provided under this Agreement
with the scheduling of any trunking or related services provisioned by Xxxx
Atlantic under such tariffs or other contractual arrangements.
b) Carrier shall specify the number of trunks required for Services.
Carrier must provide trunks with operator services signaling directly to the
locations designated by Xxxx Atlantic. Xxxx Atlantic shall provide Carrier at
least three (3) months advance notice in the event of any change in a designated
location.
5. PAYMENT FOR SERVICES
---------------------
5.1 RATES Carrier agrees to subscribe to and pay for the Services and
options selected in Appendix A. Carrier shall pay the rates set forth in
Appendix A, subject to such obligations as Xxxx Atlantic may have under the
Telecommunications Act of 1996, and the FCC and state regulations and decisions
thereunder, to set cost-based rates for unbundled network elements.
Specifically, when a regulatory body of competent jurisdiction has duly approved
the rates under which Xxxx Atlantic is required to provide Services to
competitive local exchange carriers (hereinafter referred to as "CLEC rates"),
Xxxx Atlantic shall charge, and Carrier shall pay, such CLEC rates for the
applicable Services.
3
5.2 SETTLEMENTS Carrier shall render payment to Xxxx Atlantic net thirty
(30) calendar days from the date of delivery of the Services or from the date of
billing for the Services, whichever occurs later. Carrier shall pay interest on
any amount overdue at the rate of fifteen (15) percent per annum, compounded
monthly.
5.3 BILLING DISAGREEMENTS
a) Carrier may, in good faith, dispute part or all of an invoice
provided by Xxxx Atlantic. To dispute an invoice, Carrier must provide Xxxx
Atlantic with a written explanation of the questioned charges for
consideration within thirty (30) days of receipt of the invoice. Xxxx
Atlantic will respond to Carrier's claim within thirty (30) days of receipt
of the explanation.
b) The parties agree to negotiate any dispute in good faith to reach a
satisfactory resolution of the dispute no later than ninety (90) days after
Carrier's receipt of the invoice. Carrier shall have no obligation to pay
interest on a disputed amount while a resolution is being negotiated during
this period. In the event that the dispute is not resolved at the account
manager level within forty five (45) days after receipt of Carrier's claim,
the parties agree to submit the dispute to an Intercompany Review Board for
resolution. The Intercompany Review Board shall consist of two
representatives from each party who are authorized to resolve the dispute on
behalf of their respective companies. The Intercompany Review Board shall
conduct a joint conference to review the parties' respective positions and to
resolve the dispute.
c) Upon the resolution of the dispute, an appropriate adjustment of
billing shall be made by Xxxx Atlantic. Xxxx Atlantic shall apply any
reductions in the invoiced amount as a credit. Carrier shall promptly pay any
amounts the parties agree are due with interest thereon under Section 5.2
retroactive to the date of the original invoice. If no resolution is reached
within the specified 90-day period, either party may pursue such other
remedies and recourse as are otherwise available under or this Agreement.
5.4 TAXES The rates specified in this Agreement are exclusive of all taxes,
duties, or similar charges imposed by law. Carrier shall be liable for and
shall reimburse Xxxx Atlantic for any sales, use, excise, or other taxes
applicable to the Services performed under this Agreement.
5.5 CARRIER'S CUSTOMERS Carrier shall be responsible for all contacts and
arrangements with its customers concerning the provision and maintenance, and
the billing and collection, of charges for Services furnished to Carrier's
customers.
6. DEFAULTS AND REMEDIES
---------------------
4
6.1 DEFAULTS If Carrier defaults in the payment of any amount due hereunder,
or if Xxxx Atlantic materially fails to provide Services as agreed hereunder,
and such default or failure shall continue for thirty (30) days after written
notice thereof, the other party may terminate this Agreement with thirty (30)
days written notice.
6.2 CARRIER REMEDIES In the event that Xxxx Atlantic, through negligence or
willful misconduct, fails to provide the Services selected and contracted for
under this Agreement, Xxxx Atlantic shall pay Carrier for Carrier's direct
damages resulting from such failure, up to an amount not to exceed the charges
payable under this Agreement for the Services affected.
6.3 DISCONTINUANCE BY CARRIER. In the event that Carrier discontinues using
Services,either in part or in whole, prior to expiration of the then current
term and such discontinuance is not due to Xxxx Atlantic's material failure
to perform as specified in Section 6.1, Carrier shall pay Xxxx Atlantic an
amount equal to the average monthly charges for the six-month period
immediately preceding the discontinuance multiplied by the number of months
remaining in the then-current term. If Services have been provided for a
period of less than six months, Carrier shall pay the charges for the month
with the highest usage multiplied by the number of months remaining in the
then-current six-month term. If Carrier terminates this Agreement prior to
the Cutover Date, Carrier shall pay Xxxx Atlantic the greater of the
following: (i) all reasonable and necessary costs already incurred by Xxxx
Atlantic in preparation for the commencement of services, or (ii) the sum of
fifty thousand dollars ($50,000).
6.4 OTHER REMEDIES THE EXTENT OF LIABILITY ARISING UNDER THIS AGREEMENT SHALL
BE LIMITED AS DESCRIBED IN SECTIONS 6.1, 6.2 AND 6.3 ABOVE. IN NO EVENT SHALL
EITHER PARTY BE LIABLE FOR ANY OTHER LOSS, COST, CLAIM, INJURY, LIABILITY, OR
EXPENSE RELATED TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED
HEREUNDER INCLUDING, BUT NOT LIMITED TO, ANY INCIDENTAL, SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT,
WHETHER RECOVERY IS SOUGHT IN TORT, CONTRACT, OR OTHERWISE, EVEN IF EITHER PARTY
HAD NOTICE OF SUCH DAMAGES.
7. CONFIDENTIAL INFORMATION
------------------------
7.1 CONFIDENTIALITY The parties agree that all confidential and proprietary
information that is marked as specified in Section 7.2 and that is disclosed by
either party to the other party for the purposes of this Agreement, including
rates and terms, shall be treated as confidential unless (a) such information
was previously or becomes known to the receiving party free of any obligation to
keep it confidential, (b) has been or is subsequently made public by the
disclosing party, or (c) is required to be disclosed by law. The receiving
party shall not, except in the performance of the Services under this Agreement
or with the
5
express prior written consent of the other party, disclose or permit access
to any confidential information to any other parties. The parties agree to
advise their respective employees, agents, and representatives to take such
action as may be advisable to preserve and protect the confidentiality of
such information.
7.2 MARKING OF CONFIDENTIAL INFORMATION All information the disclosing party
considers proprietary or confidential, if in writing or other tangible form,
shall be conspicuously labeled or marked as "Proprietary" and/or "Confidential"
and, if oral, shall be identified as proprietary at the time of disclosure and
promptly confirmed in writing. Either party shall have the right to correct any
inadvertent failure to designate information as proprietary by written
notification within ten (10) days following disclosure.
8. RELATIONSHIP OF THE PARTIES
---------------------------
8.1 INDEPENDENT CONTRACTORS Xxxx Atlantic and Carrier shall be independent
contractors under this Agreement, and all services under this Agreement shall be
performed by Xxxx Atlantic as an independent contractor and not as an agent of
Carrier.
8.2 RESPONSIBILITY FOR EMPLOYEES AND AGENTS All persons furnished by Xxxx
Atlantic shall be considered solely Xxxx Atlantic's employees or agents, and
Xxxx Atlantic shall be responsible for compliance with all laws, rules, and
regulations relating to such persons including, but not limited to, hours of
labor, working conditions, workers' compensation, payment of wages, benefits,
unemployment, social security and other payroll taxes. Each party's employees
and agents, while on premises of the other, shall comply with all rules and
regulations, including any applicable security procedures and safeguarding of
confidential data.
9. GENERAL CONDITIONS
------------------
9.1 ASSIGNMENT Neither party may assign or delegate its rights and
obligations under this Agreement without the prior written consent of the
other party, except that either party may assign this Agreement, without such
consent, to its parent, affiliate or subsidiary, provided that the assignee
has the resources, legal authority, and ability to perform all terms of this
Agreement. Thirty (30) days advance notice of such assignment shall be
provided to the other party.
9.2 CHOICE OF LAW The validity, construction and performance of this
Agreement shall be governed by the laws of the state in which LATA(s)
designated in Section 1.7 is/are located.
9.3 COMPLIANCE WITH LAWS Each party shall comply with all applicable
federal, state, county and local laws, ordinances, regulation, rules and codes
in the performance of this Agreement. Neither party shall be liable to the
other for termination of this Agreement or
6
any services to be provided hereunder necessitated by compliance with any
law, rule, regulation or court order of a duly authorized governmental body.
9.4 CONTINGENCY Neither party shall be held responsible or liable to the
other for any delay or failure in performance caused by fires, strikes,
embargoes, requirements imposed by Government regulation, civil or military
authorities, act of God or by the public enemy, or other causes beyond the
control of Carrier or Xxxx Atlantic. If such a contingency occurs, the party
injured by the other's inability to perform may either: a) terminate the
affected services or part thereof not already rendered; or b) suspend the
affected services or part thereof for the duration of the delaying cause and
resume performance once the delaying causes cease.
9.5 LICENSES No licenses, expressed or implied, under any patents,
copyrights, trademarks or other intellectual property rights are granted by
Xxxx Atlantic to Carrier under this Agreement.
9.6 NOTICES Except as otherwise specified in this Agreement, any notice
required or permitted under this Agreement shall be in writing and shall be
given to the other party at the address designated below by hand delivery,
registered return-receipt requested mail, or nationally recognized courier
service:
For Xxxx Atlantic: ____________________________________
____________________________________
____________________________________
____________________________________
For Carrier: ____________________________________
____________________________________
____________________________________
____________________________________
The above addresses may be changed by giving thirty (30) calendar days prior
written notice as prescribed above. Notice shall be deemed to have been given
or made on the date of delivery if received by hand, or express courier, and
three days after delivery to the U.S. Postal Service, if mailed.
9.7 PUBLICITY Xxxx Atlantic and Carrier agree not to publish any
advertising, sales promotions, or press releases that promote or otherwise
relate to the services provided under this Agreement and include the other
party's name, logos, trademarks, or service marks, unless it obtains the other
party's prior written consent, except that either party may disclose the fact
that Xxxx Atlantic provides directory assistance and/or operator services to
Carrier without such prior review or approval.
7
9.8 SEVERABILITY If any provision of this Agreement or the application of any
provision shall be held by a tribunal of competent jurisdiction to be contrary
to law or unenforceable, the remaining provisions of this Agreement shall
continue in full force and effect.
9.9 SURVIVAL All obligations hereunder, incurred by either Xxxx Atlantic or
Carrier prior to the cancellation, termination, or expiration of this Agreement
shall survive such cancellation, termination or expiration.
9.10 CAPTIONS AND SECTION HEADINGS The captions and section headings in this
Agreement are for convenience only and do not affect the meaning or
interpretation of this Agreement.
9.11 DUPLICATE ORIGINALS This Agreement may be executed separately by the
parties in one or more counterparts. Each duplicate executed shall be deemed an
original, and all together shall constitute one and the same document.
9.12 ENTIRE AGREEMENT The terms and conditions of this Agreement, including
the Appendices attached to this Agreement, constitute the entire Agreement
between Xxxx Atlantic and Carrier relating to the subject matter of this
Agreement, and supersede any and all prior or contemporaneous understandings,
promises or representations, whether written or oral, between the parties
relating to the subject matter of this Agreement. Any waiver, modification
or amendment of any provision of this Agreement, or of any right or remedy
hereunder, shall not be effective unless made in writing and signed by both
parties.
IN WITNESS WHEREOF, the parties agree that the effective date of this
Agreement is the date first written above, and each party warrants that it
has caused this Agreement to be signed and delivered by its duly authorized
representative.
FOR XXXX ATLANTIC - FOR CARRIER
________________________, INC.
NAME: _______________________ NAME: _________________________
TITLE: ______________________ TITLE: ________________________
SIGNATURE: __________________ SIGNATURE: ____________________
DATE: _______________________ DATE: _________________________
8
APPENDIX A
CARRIER SERVICE SELECTION FORM
------------------------------
Please select desired services.
MINIMUM
SERVICE
SERVICE PERIOD CHARGE SELECTION
------- ------- ------ ---------
Directory Assistance (ADAS) 6 months _______/call (Directory Yes / / No / /
Transport charges below)
IntraLATA Call Completion 6 months Live: ______/op work second Yes / / No / /
Operator Services Automated: ______/auto wk sec
LIDB: ______/query
Branding ______per service, per switch Yes / / No / /
(one-time fee)
Directory Transport charges are as follows. (Call miles are measured from the
BA Wire Center serving Carrier's premises to the Directory Assistance
location.)
RATE PER DIRECTORY ASSISTANCE CALL
----------------------------------
Tandem-Switched Transport
Fixed ................................... _______
Per mile................................. _______
Tandem Switching............................ _______
NOTE: Trunking, daily usage file, and switched access costs are not included in
---- the above rates.
9
APPENDIX B
INTRALATA CALL COMPLETION OPERATOR SERVICES CALL TYPES
------------------------------------------------------
IntraLATA Call Completion Operator Services may include the following:
a. CALLING CARD
------------
(i) LIVE: Xxxx Atlantic operator keys the calling card number and
call details into the system, secures validation, and releases the
call to the network.
(ii) AUTOMATED: Caller keys the calling number and call details in
response to automated prompts. Xxxx Atlantic secures validation and
releases the call to the network.
b. COLLECT
-------
(i) LIVE: Xxxx Atlantic operator obtains the calling party's name, keys
the call details if necessary, announces the call to the called party,
waits for acceptance, and releases the call to the network.
(ii) AUTOMATED: Caller provides name and call details. Xxxx Atlantic's
automated system obtains called party's consent and releases the call
to the network.
c. BILLED TO A THIRD PARTY
-----------------------
(i) LIVE: Xxxx Atlantic operator requests the calling party's name, keys
the call details if necessary, calls the third party to verify
acceptance of billing, and upon acceptance, releases the call to the
network.
(ii) AUTOMATED: Caller provides name, call details, and billing number.
Xxxx Atlantic's automated system verifies billed number and releases
the call to the network.
d. PERSON-TO-PERSON
----------------
Xxxx Atlantic operator requests the person or department the calling party
has specified, ensures the appropriate party has been reached (person or
department), and releases the call to the network.
e. COIN SENT PAID
--------------
Xxxx Atlantic operator keys the call details if necessary, requests the
initial deposit, and upon deposit, releases the call to the network.
10
f. MISCELLANEOUS CALL ASSISTANCE (LIVE)
------------------------------------
(i) 0- CALLS: Xxxx Atlantic operator provides caller with dialing
instructions or assistance, transfers emergency calls, or refers
questions to the business office or repair service.
(ii) DIALING ASSISTANCE & INTERVENTION: Xxxx Atlantic operator dials a
number for a caller who is unwilling to dial directly or is
encountering trouble (such as wrong number, poor transmission, or
cutoff), and who requests a credit or reconnection.
(iii) TIME AND CHARGES: Xxxx Atlantic operator provides caller with time
and charges at the end of conversation, if requested.
(iv) INDIVIDUALS WITH DISABILITIES: Xxxx Atlantic operator assists a
caller requiring dialing assistance due to a disability.
g. BUSY-LINE VERIFICATION
----------------------
Xxxx Atlantic operator determines if the number specified by the customer
is in use, idle, or out of order. Appropriate facilities and equipment
may be required from the Carrier to enable verification of Carrier's lines.
h. CUSTOMER-REQUESTED INTERRUPT
----------------------------
At the caller's request, Xxxx Atlantic operator interrupts conversation in
progress on a line that is in use, as verified through Busy-Line
Verification.
i. OPERATOR NUMBER IDENTIFICATION (ONI) REQUESTS
----------------------------------------------
Xxxx Atlantic operator requests the calling telephone number, keys the
number into the system for identification, and releases the call for
processing.
j. TIME OF DAY
-----------
Xxxx Atlantic operator provides the customer with the approximate time of
day for companies that have approved tariffs. For those companies without
approved tariffs, customers are referred to directory assistance. If the
request is in connection with a call, the operator provides the approximate
time.
k. AUTOMATED COIN TOLL SERVICE (ACTS)
----------------------------------
Xxxx Atlantic will provide automated messages for intraLATA toll calls
that originate from coin phones. The messages will prompt callers for
the correct change and record the change upon deposit. If a caller fails
to deposit the correct amount within the time threshold (set by Xxxx
Atlantic), the call will default to a live operator.
l. VALIDATION SERVICES
-------------------
Xxxx Atlantic will launch queries for the validation of all calling card
calls, collect calls, and billed-to-third number calls to a Line
Information Data Base (LIDB). The validation costs for queries of LIDB
may be separate from the individual call rates. Xxxx Atlantic will also
launch queries for validations to another company's LIDB if that company
has a card honoring agreement with Xxxx Atlantic.
11
APPENDIX C
REQUIRED INFORMATION
--------------------
Carrier shall furnish Xxxx Atlantic all information required by Xxxx Atlantic to
establish and maintain the Services to be provided to Carrier, including a
completed Technical Questionnaire. Such required information includes, but is
not limited to, the following:
1. Central office exchange names
2. Usage forecasts
3. Local central office characteristics
4. Trunking arrangements and trunk group types
5. Emergency reporting system and procedures
6. Business office information
7. Repair service information
8. Name and address request information
9. Tariffs and rate information
10. Customer dialing capabilities
11. Access to EMR records
12. Desired branding announcement (if applicable)
13. Carrier's estimated start date of Services
14. Access Service Requests (ASRs) for trunking and translations
NOTE: ASRs are not to be submitted by Carrier until Carrier and Xxxx Atlantic
----- have reviewed the Technical Questionnaire.
12
EXHIBIT D
INTRALATA TELECOMMUNICATIONS SERVICES SETTLEMENT AGREEMENT
This Agreement is entered into as of ___________________, 1997, by and
between Xxxx Atlantic - __________________________, Inc., a ___________________
corporation, with principal offices located at ________________________________
("BA-__"), and __________________________, a ______________________ corporation,
with principal offices located at ______________________________________________
____________________________________________________ ("Carrier").
SECTION I
SCOPE
This Agreement sets forth the terms and conditions for the following:
(a) administering and processing messages in the intraLATA Toll Originating
Responsibility Plan ("ITORP"); and
(b) the settlement of compensation for the following telecommunications
traffic within a BA-__ LATA:
(1) intrastate and interstate intraLATA traffic terminated to Carrier
and originated by an Independent Telephone Company or wireless
carriers that transits the facilities of BA-__ within a BA-__ LATA,
including Message Telecommunications Service and Local Exchange
Service (the "ITORP Transit Service Traffic");
(2) intrastate and interstate intraLATA Message
Telecommunications Service and Local Exchange Service traffic
which originates from a Certified Local Exchange Carrier or
Carrier, transits BA-PA's network and terminates to Carrier, or a
wireless carrier or an Exchange Carrier other than BA-__, which
traffic is subject to a Meet-Point Billing arrangement (the
"Meet-Point Transit Service Traffic");
(3) intraLATA 800/888 Service Traffic; and
(4) intraLATA Alternately Billed Calls billed to a line-based
telephone number within the state where the call is originated.
By way of clarification, this Agreement does not cover the following: (x)
traffic that does not use BA-__ facilities; (y) interLATA traffic; and (z) any
statewide services (whether interLATA or intraLATA) provided entirely by an
Interexchange Carrier such as statewide WATS.
EXHIBIT D
SECTION II
DEFINITIONS
For purposes of this Agreement, the terms set forth below shall have the
following meaning:
A. 800/888 NUMBER DATABASE shall mean the call management service
database that provides POTS telephone number translation or routing
information or both for a given 800/888 telephone number.
B. 800/888 SERVICE TRAFFIC means a toll free call originating with the
Originating Company and billed to the Terminating Company's end user.
800/888 service MOUs are recorded by the Originating Company and
provided to the Terminating Company so that it can xxxx its end
user(s).
C. ACCESS TANDEM shall mean a switching entity that is used to connect
and switch trunk circuits between and among End Offices and between
and among End Office switches and carriers' aggregation points, points
of termination, or points of presence, which entity has billing and
recording capabilities that are used to provide switched Exchange
Access services.
D. ALTERNATELY BILLED CALLS shall mean all intraLATA land-line Collect
Calls, Calling Card Calls and Third-Number Calls that originate and
terminate in the _________ of _____________ and are billed to a
line-based number within the jurisdiction of the __________ of
_____________ serviced by the Billing Company. Alternately Billed
Calls are identified in ITORP reports as "Received Collect/Sent
Collect Calls".
E. BASIC 800/888 NUMBER QUERY shall mean routing information obtained
from an 800/888 Number Database for originating 800/888 calls.
F. BILLING COMPANY shall mean the Local Exchange Carrier that provides
the local telephone exchange service for the number to which an
Alternately Billed Call is to be billed.
G. CALLING CARD CALL shall mean a call billed to a pre-assigned end user
line-based billing number, including calls dialed or serviced by an
operator system.
H. CARRIER COMMON LINE FACILITIES means the facilities from the end
user's premises to the End Office used to originate or terminate
Transit Service Traffic and 800/888 Service Traffic. Such carrier
common line facilities are as specified in each party's Exchange
Access Tariff.
2
EXHIBIT D
I. CATEGORY 01 shall mean the EMR/billing record for usage charges
applicable to the terminating 800/888 number service subscriber.
J. CATEGORY 08 shall mean the EMR/copy record containing the information
necessary for Carrier to xxxx/settle intraLATA terminating charges
with other carriers.
K. CATEGORY 11 shall mean the EMR/access record containing information
necessary for Carrier to xxxx/settle interexchange access charges.
L. CCS/SS7 shall mean the Common Channel Signaling/Signaling System 7,
which refers to the packet-switched communication, out-of-band
signaling architecture that allows signaling and voice to be carried
on separate facilities, and thus is a signaling network that is
common to many voice channels. There are two modes of operation
defined for CCS/SS7: database query mode, and trunk signaling mode.
M. CENTRALIZED MESSAGE DISTRIBUTION SYSTEM (CMDS) shall mean the message
processing system which handles the distribution of Message Records
from the Earning Company to the Billing Company.
N. CERTIFIED LOCAL EXCHANGE CARRIER (CLEC) means a carrier certified by
the ____________ ____________to provide Local Exchange Access services
within the BA-__ operating territory in that state.
O. COLLECT CALL shall mean a non-sent paid call that is billed to the
number receiving the call, including calls dialed or serviced by an
operator system.
P. DISCOUNTED TOLL SERVICES means services in which the originating end
user is charged a rate less than would normally be assessed for calls
placed to similar points outside the end user's local calling area.
Q. EARNING COMPANY shall mean the Local Exchange Carrier that provides
local telephone exchange service for the number from which an
Alternately Billed Call originates.
R. END OFFICE means the end office switching and end user line
termination facilities used to originate or terminate switched
intraLATA telecommunications services traffic.
S. EXCHANGE means a geographic area established for the furnishing of
local telephone service under a local tariff. It usually embraces a
city, town or village and its environs. It consists of one or more
wire centers together with the associated facilities used in
furnishing communications service within the area.
T. EXCHANGE ACCESS means the facilities and services used for the purpose
of
3
EXHIBIT D
originating or terminating interexchange telecommunications in
accordance with the schedule of charges, regulations and conditions
specified in lawfully established Exchange Access Tariffs.
U. EXCHANGE ACCESS TARIFFS means the tariffs lawfully established with
the Federal Communications Commission or the _____________
___________________ by an Exchange Carrier for the provision of
Exchange Access facilities and services.
V. EXCHANGE CARRIER shall mean a carrier licensed to provide
telecommunications services between points located in the same
Exchange area.
W. EXCHANGE MESSAGE RECORD (EMR) shall mean the standard used for
exchange of telecommunications message information among Local
Exchange Carriers for billable, non-billable, sample, settlement
and study data. EMR format is described in BR-010-200-010 XXXX
Exchange Message Record, a Xxxx Communications Research, Inc.
document that defines industry standards for Exchange Message
Records, which is hereby incorporated by reference.
X. ITORP TRANSIT SERVICE TRAFFIC shall have the meaning set forth in
Section I above titled "Scope".
Y. INDEPENDENT TELEPHONE COMPANY shall mean any entity other than BA-__
which, with respect to its operations within the ___________ of
__________________, is an incumbent Local Exchange Carrier.
Z. INTER-COMPANY NET BILLING STATEMENT shall mean the separate monthly
financial reports issued by BA-__ under ITORP to the Exchange Carriers
for settlement of amounts owed.
AA. INTRALATA TOLL ORIGINATING RESPONSIBILITY PLAN (ITORP) shall mean the
information system owned and administered by BA-__ for calculating
charges between BA-__ and Local Exchange Carriers for termination of
intraLATA calls.
BB. INTEREXCHANGE CARRIER (IXC) means a carrier that provides, directly or
indirectly, interLATA or intraLATA telephone toll services.
CC. LOCAL ACCESS AND TRANSPORT AREA (LATA) means a contiguous geographic
area: (1) established before the date of enactment of the
Telecommunications Act of 1996 by BA-__ such that no Exchange area
includes points within more than one metropolitan statistical area,
consolidated metropolitan statistical area, or state, except as
expressly permitted under the AT&T Consent Decree; or (2) established
or modified by BA-__ after such date of enactment and approved by the
Federal Communications Commission.
4
EXHIBIT D
DD. LOCAL EXCHANGE CARRIER (LEC) means any person that is engaged in the
provision of Local Exchange Service or Exchange Access. Such term
does not include a person insofar as such person is engaged in the
provision of a commercial mobile service under Section 332 (c) of the
Telecommunications Act of 1996, except to the extent that the Federal
Communications Commission finds that such service should be included
in the definition of such term.
EE. LOCAL EXCHANGE SERVICE means telecommunications services provided
between points located in the same LATA.
FF. MEET-POINT BILLING (MPB) means an arrangement whereby two or more
LECs jointly provide to a third party the transport element of a
switched access Local Exchange Service to one of the LECs' End Office
switches, with each LEC receiving an appropriate share of the
transport element revenues as defined by their effective Exchange
Access tariffs.
GG. MEET-POINT TRANSIT SERVICE TRAFFIC shall have the meaning set forth in
Section 1, "Scope".
HH. MESSAGE RECORDS shall mean the message billing record in Exchange
Message Record format.
II. MESSAGE TELECOMMUNICATIONS SERVICE (MTS) means message toll telephone
communications, including Discounted Toll Services, between end users
in different Exchange areas, but within the same LATA, provided in
accordance with the schedules of charges, regulations and conditions
specified in lawfully applicable tariffs.
JJ. MINUTES OF USE (MOU) means the elapsed time in minutes used in the
recording of Transit Service Traffic and 800/888 Service Traffic.
KK. MULTIPLE XXXX/SINGLE TARIFF means the MPB method whereby each LEC
prepares and renders its own Meet Point Xxxx in accordance with its
own tariff(s) for the portion of the jointly-provided Exchange Access
service which the LEC provides.
LL. MULTIPLE EXCHANGE CARRIER ACCESS BILLING (MECAB) means the document
prepared by the Billing Committee of the Ordering and Billing Forum,
which functions under the auspices of the Carrier Liaison Committee of
the Alliance for Telecommunications Industry Solutions, and published
by Bellcore as Special Report SR-BDS-000983, which document contains
the recommended guidelines for the billing of an Exchange Access
service provided by two or more LECs, or by one LEC in two or more
states, within a single LATA, and is incorporated herein by reference.
5
EXHIBIT D
MM. ORIGINATING COMPANY means the company which originates intraLATA MTS
or Local Exchange Service on its system. (For compensation purposes,
the Originating Company shall be considered the Terminating Company
for 800/888 Service Traffic.)
NN. TERMINATING COMPANY means the company which terminates intraLATA MTS
or Local Exchange Service on its system where the charges for such
services are collected by the Originating (or Billing) Company. (For
compensation purposes, the Terminating Company shall be considered the
Originating Company for 800/888 Service Traffic.)
OO. THIRD-NUMBER CALL shall mean a call billed to a subscriber's
line-based billing number which is not the number to which the call
either terminates or originates.
PP. TRANSIT TRAFFIC shall refer to both ITORP Transit Service Traffic and
Meet-Point Transit Service Traffic.
QQ. TRANSITING COMPANY shall mean a Local Exchange Carrier which
transports intraLATA telecommunications traffic on its system between
an Originating Company and a Terminating Company.
RR. TRANSPORT FACILITIES means the facilities from the End Office to a
tandem switching facility used to originate or terminate switched
intraLATA telecommunication services traffic.
SECTION III
SETTLEMENT OF TRANSIT SERVICES
(a) ITORP TRANSIT SERVICE TRAFFIC.
(1) CALL ROUTING AND RECORDING; BILLING PERCENTAGES. BA-__ will route
ITORP Transit Service Traffic over the combined local and toll trunk groups
between BA-__ and Carrier. BA-__ and Carrier agree to designate the points
of interconnection for the purpose of terminating ITORP Transit Service
Traffic which originates from an Independent Telephone Company or wireless
carrier and terminates to Carrier. Both parties further agree to develop and
file mutually agreed to billing percentages applicable to ITORP Transit
Service Traffic in the National Exchange Carrier Association F.C.C. Tariff
No. 4, which billing percentages shall be calculated in accordance with ITORP
guidelines.
(2) EXCHANGE OF BILLING DATA. The Originating Company will provide to
BA-__ all
6
EXHIBIT D
billing data relating to ITORP Transit Service Traffic for processing in
ITORP within fourteen (14) days from the date the usage occurs (to the extent
usage occurs on any given day) for traffic originating from an Independent
Telephone Company or wireless carrier, which traffic transits BA-PA's facilities
and terminates to Carrier.
(3) BILLING. BA-__ will, on behalf of Carrier, bill Exchange Carriers for
intraLATA ITORP Transit Service Traffic, and collect compensation due Carrier
based on Carrier's established and legally-approved tariffed or negotiated rates
utilizing ITORP. The charges set forth in Attachment A, attached hereto and
incorporated herein by reference, shall apply to the billing and collection
services provided by BA-__ to Carrier hereunder. Carrier will record the ITORP
Transit Service Traffic usage at its switch, and shall xxxx BA-__ for this
traffic in accordance with the rates set forth in the Interconnection Agreement
under Section 251 and 252 of the Telecommunications Act of 1996, dated as of
September __, 1996, by and between BA-__ and Carrier.
(b) MEET-POINT TRANSIT SERVICE TRAFFIC.
(1) CALL ROUTING AND RECORDING; BILLING PERCENTAGES. BA-__ and Carrier
will route their respective Meet-Point Transit Service Traffic over the combined
local and toll trunk groups between them. BA-__ and Carrier agree to designate
the points of interconnection for the purpose of terminating Meet-Point Transit
Service Traffic which originates from a CLEC and terminates to Carrier, or
originates from Carrier and terminates to a CLEC, Independent Telephone Company,
or a wireless carrier. Both parties further agree to develop and file mutually
agreed to billing percentages applicable to Meet-Point Transit Service Traffic
in the National Exchange Carrier Association F.C.C. Tariff No. 4, which billing
percentages shall be calculated in accordance with MECAB guidelines.
(i) END OFFICES SUBTENDING BA-__ ACCESS TANDEM. Meet-Point Transit
Service Traffic will be routed over the local and toll interconnection
facilities used to terminate similar traffic directly between BA-__
and Carrier when the Originating and Terminating Company's End Office
switches subtend BA-PA's Access Tandem. BA-__ will record this
traffic at the BA-__ Access Tandem, and forward the terminating call
records to the Terminating Company for purposes of Meet-Point Billing.
(ii) END OFFICES THAT DO NOT SUBTEND A BA-__ ACCESS TANDEM. When the
Originating and/or the Terminating Company's End Office switches do
not subtend BA-PA's Access Tandem, the Meet-Point Transit Service Traffic
must be routed over interconnection facilities other than those used to
terminate intraLATA MTS or Local Exchange Service to BA-PA's end users
The Terminating Company will record this traffic at its Access Tandem
and forward the terminating call records to BA-__ for Meet-Point
Billing purposes.
(iii) SPECIAL ACCESS. Upon request, any Meet-Point Service Transit
Traffic may be
7
EXHIBIT D
routed over special access interconnection facilities between Carrier,
on the one hand, and a CLEC, an Independent Telephone Company, or a
wireless carrier, on the other.
(2) EXCHANGE OF BILLING DATA. All billing data exchanged hereunder will
be exchanged on magnetic tape or via electronic data transfer, to be delivered
at the addresses set forth below, using the Electronic Message Record format.
BA-__ will provide to Carrier the switched-access detail usage data (category
1101XX records) on magnetic tape within fourteen (14) days from the date the
usage occurs (to the extent usage occurs on any given day) for traffic
originating from a CLEC, transiting BA-PA's facilities and terminating to
Carrier, and Carrier will provide to BA-__ the switched access summary usage
data (category 1150XX records) on a magnetic tape on a monthly basis within
fourteen (14) days of receipt from BA-__ of the switched access detail usage
data referenced above.
(3) BILLING. BA-__ and Carrier will submit to CLECs separate bills
under their respective tariffs for their portion of jointly-provided
Meet-Point Transit Service Traffic. With respect to Meet-Point Transit
Service Traffic, BA-__ and Carrier will exchange billing data and render
bills under Multiple Xxxx/Single Tariff arrangements in accordance with the
applicable terms and conditions set forth in MECAB.
(4) ADDRESSES. Magnetic tapes to be sent hereunder to Carrier will be
sent to the following address (which address Carrier may change upon prior
written notice to BA-__):
Magnetic tapes to be sent hereunder to BA-__ will be sent to the
following address(es), as appropriate (which address(es) BA-__ may change
upon prior written notice to Carrier):
Xxxx Atlantic
Tape Library
0000 Xxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
SECTION V
800/888 SERVICE
800/888 Service Traffic will be exchanged among BA-__, Carrier,
Independent Telephone Companies, CLECs and wireless carriers via CCS/SS7
trunks, and all will deliver/route these calls as appropriate and provide
EMRs to the Terminating Company to enable it to xxxx its 800/888
8
EXHIBIT D
service subscriber. These EMRs will, per industry standards, include the
following: Category 01 (800/888 number subscriber billing), Category 08 (copy
record/local exchange charges), and Category 11 (interexchange carriers
access records).
(a) DELIVERY OF TRANSLATED 800/888 NUMBER QUERIES AND CALLS OVER
CCS/SS7 LINKS AND TRUNKS. BA-__ and Carrier will launch their own Basic
800/888 Number Query for 800/888 Service Traffic originated in their
networks, and route this traffic to each other, as appropriate, utilizing
existing local and toll interconnection facilities.
(b) EXCHANGE OF RECORDS; COMPENSATION. All 800/888 Service Traffic
hereunder shall be subject to the appropriate access charges, as set forth in
the applicable tariffs. In addition, for jointly provided intraLATA 800/888
Service Traffic between two Local Exchange Carriers, the Originating Company is
responsible for billing its tariffed Basic 800/888 Number Query charge to the
Terminating Company. Carrier, when acting as an Originating Company, must
submit to BA-__, via magnetic tape(s) in EMR format, (i) the information
necessary to xxxx/settle intraLATA charges (EMR Category 110125), and (ii) the
usage charges applicable to the terminating 800/888-number service subscriber
(EMR Category 010125). In the event any of these records are lost or destroyed,
BA-__ and Carrier will jointly estimate the terminating access charges due to
either party hereunder as follows:
(1) Total the terminating traffic compensation paid with respect to
800/888 Service Traffic to each party hereunder for the most recent
six (6) months period preceding the month covered by the lost or
destroyed tapes.
(2) Divide the total determined in (1) preceding, by 180 days.
(3) Multiply the terminating traffic compensation per day determined in
(2) preceding, by the number of days covered by the lost or destroyed
tapes. The calculated amount will be included as an adjustment for
lost or destroyed tapes in the next Inter-Company Net Billing
Statement.
BA-__ shall have no liability whatsoever with respect to any lost, damaged
or destroyed records submitted hereunder by Carrier.
(c) SETTLEMENT. EMR records submitted by Carrier hereunder acting as
an Originating Company, as contemplated in Paragraph (b) above, will be
processed in accordance with ITORP. For purposes of calculating the access
charges due Local Exchange Carriers with respect to 800/888 Service Traffic,
the Originating Company shall be deemed the Terminating Company. Access
charges payable hereunder shall be calculated in accordance with Section VII
of this Agreement, as applicable.
9
EXHIBIT D
SECTION VI
ALTERNATELY BILLED CALLS
(a) RESPONSIBILITIES OF THE BILLING COMPANY. The Billing Company
agrees to provide the Earning Company with billing services, as specified
below, with respect to Alternately Billed Calls.
(1) BILLING. Upon receipt of the appropriate Message Record from CMDS,
the Billing Company shall include this record in the xxxx to be issued to the
end user responsible for payment. The Billing Company shall also submit
copies of these Message Records to BA-__, at least once a month, in order to
determine monthly settlement amounts for both the Billing Company and the
Earning Company which will be reflected in the Inter-Company Net Billing
Statement. These amounts will reflect any and all applicable charges due the
Billing Company for performing billing services hereunder. In addition, as
applicable, the Inter-Company Net Billing Statement will reflect any amounts
owed by Carrier to BA-__for administering and processing ITORP.
(2) PAYMENT OF AMOUNTS OUTSTANDING. Upon receipt of the Inter-Company
Net Billing Statement from BA-__, Carrier shall, within thirty (30) days of
invoice, remit to BA-__ full payment of amounts owed under the Inter-Company
Net Billing Statement.
(b) RESPONSIBILITIES OF THE EARNING COMPANY. In connection with
Alternately Billed Calls, the Earning Company shall provide Message Records to
the Billing Company on a daily basis to the extent that any usage has been
recorded. These Message Records will be delivered by the Earning Company to the
Billing Company via the CMDS system, unless otherwise agreed to by the parties
hereto.
(c) FEES FOR SETTLEMENT OF ALTERNATELY BILLED CALLS. The billing
services provided by the Billing Company to the Earning Company with respect
to Alternately Billed Calls shall be subject to the applicable charges set
forth in Attachment A, which charges will be reflected in the Inter-Company
Net Billing Statement. These charges may be revised upon mutual written
agreement of the parties hereto.
SECTION VII
CALCULATION OF COMPENSATION
BA-__ and Carrier agree to compensate each other with respect to Transit
Services Traffic and 800/888 Service Traffic in accordance with the terms
established below, and the rate elements set forth in Attachments A and B,
attached hereto and incorporated herein by reference.
10
EXHIBIT D
(a) COMPENSATION DUE TO THE TERMINATING/TRANSITING COMPANY.
Compensation due to the Terminating Company/Transiting Company will be
determined separately for each month as follows:
(1) FOR CARRIER COMMON LINE FACILITIES provided by the Terminating
Company, an amount calculated as specified for Carrier Common Line Facilities
in the Terminating Company's Exchange Access Tariff. Compensation will be
determined by multiplying a) the Terminating Company's Carrier Common Line
rate, times b) the MOU.
(2) FOR END OFFICE FACILITIES provided by the Terminating Company, an
amount calculated as specified for End Office facilities in the Terminating
Company's Exchange Access Tariff. Compensation will be determined by
multiplying a) the Terminating Company's appropriate Exchange Access End
Office rate elements, times b) the MOU.
(3) FOR TRANSPORT FACILITIES, where these facilities are provided by
the Terminating Company, or a Transiting and Terminating Company, an amount
calculated in accordance with the following steps:
(i) Determine the Terminating Company's airline miles from the End
Office which serves the Terminating Company's end user to either
the Terminating Company's Access Tandem switching facility or
the interconnection point with the Transiting Company(ies).
(ii) Determine the Transiting Company's airlines miles from the
Transiting Company(ies) Access Tandem switching facility to the
interconnection point with the Terminating Company.
(iii) Determine the sum of the total airline miles by adding (i) and
(ii) above.
(iv) Divide the Terminating Company's airline miles determined in (i)
preceding by the total airline miles determined in (iii)
preceding, to determine the ratio of local transport miles
provided by the Terminating Company.
(v) Divide the Transiting Company's airline miles determined in (ii)
preceding by the total airline miles determined in (iii)
preceding, to determine the ratio of local transport miles
provided by the Transiting Company.
(vi) Identify the rates set forth in the Exchange Access Tariff for
either the Terminating Company or Transiting Companies, or both,
as appropriate, which rates are applicable to Transport
Facilities.
(vii) Multiply the ratio determined in (iv) preceding, times the rate
calculated in (vi) preceding, times the MOU, and add the amount
set forth in (ix) below to
11
EXHIBIT D
determine the amount due the Terminating Company.
(viii) Multiply the ratio determined in (v) preceding, times the rate
calculated in (vi) preceding, times the MOU, and add the amount
set forth in (ix) below to determine the amount due the
Transiting Company.
(ix) To the extent the Exchange Access Tariffs of the Terminating
or Transiting Company, or both, provide for the payment of a
fixed transport charge to be assessed with respect to a
terminating location (End Office or toll switch), multiply this
charge times the chargeable MOU.
SECTION VIII
ITORP ADMINISTRATION AND RESPONSIBILITIES
(a) RESPONSIBILITIES OF BA-__. BA-__ shall:
1. Operate and maintain the ITORP system.
2. Provide the requirements and standards for ITORP records and
tapes (ITORP User Guide).
3. Inform Carrier of any proposed change in tape creation or
distribution process at least sixty (60) days prior to the actual
implementation of the change.
4. Develop and implement all system enhancements required to
maintain the integrity of BA-PA's ITORP system.
5. Process ITORP tapes received from Carrier, or its agent, during
the next available billing cycle.
6. Review and analyze daily pre-edit reports to determine if a tape
is acceptable for ITORP processing; PROVIDED, HOWEVER, that
Carrier is not absolved, as the Originating Company, from its
responsibility to conform to ITORP input requirements.
7. Communicate with Carrier, or its agent, to resolve the problems
with tapes which are identified as being unacceptable for ITORP
processing.
8. Create and/or maintain all ITORP tables.
9. Include the monthly compensation due to and from Carrier as
identified by
12
EXHIBIT D
ITORP on the Inter-Company Net Billing Statement. The compensation
includes 800/888 Service Traffic and Alternately Billed Services
traffic.
10. Settle with all local Exchange Carriers, via the Inter-Company
Net Billing Statement, for 800/888 Service Traffic and Alternately
Billed Services traffic originating from and/or terminating to
Carrier.
11. Distribute monthly ITORP reports.
(b) RESPONSIBILITIES OF CARRIER. Carrier shall:
1. Compensate BA-__ for the administration and processing of ITORP
as specified in Attachment A.
2. Notify BA-__ Exchange Carrier Services staff in writing of any
changes in its rates affecting ITORP tables, as specified in
Attachment A, thirty (30) days prior to the effective date of any
such changes.
3. Notify BA-__ Exchange Carrier Services staff in writing of any
network changes, such as changes in traffic routing, sixty (60)
days prior to the implementation of the change in the network.
4. Conform to BA-__'s ITORP record requirements and standards.
5. Carrier or its designated agent will forward the Exchange Message
Records to BA-__, in a timely manner for processing.
6. Inform the BA-__ Exchange Carrier Services staff in writing of
any proposed changes in the Exchange Message Record creation or
distribution process at least sixty (60) days prior to the actual
implementation of the change.
7. Reimburse BA-__ for compensating other local Exchange Carriers on
behalf of Carrier, as reflected in the Inter-Company Net Billing
Statement.
(c) FEES. Compensation for the administration and processing of ITORP
will be due BA-__ on a monthly basis, based on the number of messages
processed in ITORP for Carrier at an average total cost per message. The
processing and administrative fees applicable on a per message basis are set
forth in Attachment A. These fees may be revised by BA-__, at its
discretion and upon notice to Carrier, based on annual studies conducted by
BA-__, and Carrier hereby agrees to be bound by such revised rates. A
minimum monthly fee, as specified in Attachment A, will be assessed when
Carrier's monthly ITORP processing charges are below the stated minimum
monthly charge.
13
EXHIBIT D
SECTION IX
LIABILITIES
In the event of an error on the part of BA-__ in calculating or settling
any compensation amounts hereunder, Carrier's sole remedy and BA-PA's only
obligation shall be to re-calculate the compensation amount, and to the
extent any amounts are owed to or owed by Carrier, such amounts will be
reflected as an adjustment in the next Inter-Company Net Billing Statement.
In addition and to the extent applicable, BA-PA's liability under this
Agreement and/or in connection with the settlement, payment and/or
calculation of any amounts due hereunder shall be limited as set forth in the
applicable tariffs. BA-__ shall have no obligation or liability with respect
to any billing, settlement or calculation-of-compensation errors or
omissions, including without limitation the duty to re-calculate any
compensation amounts reflected in the Inter-Company Net Billing Statement, if
such error or omission occurred more than two (2) years prior to the time in
which it is brought to BA-PA's attention in writing. Without limiting the
foregoing, in no event shall either party hereto be liable for consequential,
incidental, special or indirect damages (including without limitation loss of
profit or business) hereunder whether such damages are based in tort
(including, without limitation, under any theory of negligence), contract
breach or otherwise, and even if said party knew or should have known of the
possibility thereof.
SECTION X
RELATIONSHIP OF THE PARTIES
Nothing herein contained will be deemed to constitute a partnership or
agency relationship between the parties. Each party agrees that it will
perform its obligations hereunder as an independent contractor and not as the
agent, employee or servant of the other party. Neither party nor any
personnel furnished by such party will be deemed employees or agents of the
other party or entitled to any benefits available under any plans for such
other party's employees. Each party has and hereby retains the right to
exercise full control of and supervision over its own performance of the
obligations under this Agreement, and retains full control over the
employment, direction, compensation and discharge of all employees assisting
in the performance of such obligations, including without limitation all
matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing
such matters. In addition, each party will be responsible for its own acts
and those of its own subordinates, employees, agents and subcontractors
during the performance of that party's obligations hereunder.
14
EXHIBIT D
SECTION XI
TERM AND TERMINATION
(a) TERM - Upon execution by all parties hereto, this Agreement shall
become effective as of the date first shown on Page 1 of this Agreement, and
shall remain in effect until terminated by either party in accordance with
paragraphs (b), (c), (d), or (e) below.
(b) TERMINATION FOR BREACH - Either party may, upon prior written
notice to the other party, terminate this Agreement in the event the other
party is in default or breach of this Agreement and such breach or default is
not corrected within thirty (30) days after the breaching party has been
notified of same.
(c) TERMINATION FOR CONVENIENCE - Upon six (6) months written advance
notice to the other party, either party may terminate this Agreement.
(d) ACTS OF INSOLVENCY - Either party may terminate this Agreement or
any portion thereof, effective immediately, by written notice to the other
party, if said other party (1) applies for or consents to the appointment of
or the taking of possession by receiver, custodian, trustee, or liquidator of
itself or of all or a substantial part of its property; (2) becomes
insolvent; (3) makes a general assignment for the benefit of creditors; (4)
suffers or permits the appointment of a receiver for its business or assets;
(5) becomes subject to any proceeding under any bankruptcy or insolvency law
whether domestic or foreign, voluntarily or otherwise; or (6) fails to
contest in a timely or appropriate manner, or acquiesces in writing to, any
petition filed against it in an involuntary case under the Federal Bankruptcy
Code or any application for the appointment of a receiver, custodian,
trustee, or liquidation of itself or of all or a substantial part of its
property, or its reorganization, or dissolution.
(e) TERMINATION OF INTERCONNECTION AGREEMENT. Unless otherwise agreed
to by the parties hereto in writing, in the event that the Interconnection
Agreement under Sections 251 and 252 of the Telecommunications Act of 1996,
dated as of December __, 1996, by and between BA-__ and Carrier expires
without being renewed, or expires or is terminated and no other
interconnection agreement has been entered into by BA-__ and Carrier, then
this Agreement shall be deemed terminated effective on the date the aforesaid
Interconnection Agreement expires or is terminated.
SECTION XII
NETWORK CONFIGURATION
Each party shall provide six (6) months advance written notice to the
other party of any network configuration that may affect any of the services
or compensation contemplated under this Agreement, and the parties hereto
agree to use reasonable efforts to avoid service interruptions during any
such network change.
15
EXHIBIT D
SECTION XIII
CONSTRUCTION AND EFFECT
All services contemplated under this Agreement are provided in
accordance with any and all applicable regulatory requirements and effective
tariffs filed with and approved by the appropriate federal and/or state
regulatory bodies, as these tariffs and requirements may be modified from
time to time. To the extent there is a conflict between the terms of any
said tariff or regulatory requirement and this Agreement, the terms of the
tariff or the regulatory requirement shall prevail. However, to the extent
not in conflict with the provisions of the applicable tariffs or regulatory
requirements, this Agreement shall supplement the tariffs or regulatory
requirements, and it shall be construed to the fullest extent possible in
harmony with such tariffs or regulatory requirements.
SECTION XIII
MISCELLANEOUS
(a) HEADINGS. Headings used in this Agreement are for reference only,
do not constitute part of this Agreement, and shall not be deemed to limit or
otherwise affect any of the provisions hereof.
(b) NOTICES. All notices, requests, demands, or other communications
required or permitted hereunder shall be in writing, shall be deemed
delivered (1) on the date of delivery when delivered by hand, (2) on the date
of transmission when sent by electronic mail or facsimile transmission during
normal business hours with telephone confirmation of receipt, (3) one (1) day
after dispatch when sent by overnight courier maintaining records of receipt,
or (4) three (3) days after dispatch when sent by registered mail, postage
prepaid, return-receipt requested, all addressed as follows (or at such other
addresses as shall be given in writing by either party to their other):
If to BA-__: Address: 0000 X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx
Xxxxxxxxx, XX 00000
Attn.: Manager-Local Interconnection
Facsimile: 000 000 0000
Telephone: 000 000 0000
If to Carrier: Address:
Attn:
Facsimile:
Telephone:
16
EXHIBIT D
(c) SUCCESSORS; ASSIGNMENT. This Agreement and all of the provisions
hereof shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and permitted assigns, and nothing herein
shall be construed to create any rights enforceable by any other person or
third party. This Agreement may not be assigned by either party (except by
BA-__ to an affiliate or successor in interest) without the prior written
consent of the other party, which consent shall not be unreasonably withheld.
(d) WAIVER. No waiver of any right or term hereof shall be effective
unless in a writing executed by the waiving party. No waiver of any right or
privilege hereunder shall operate as a waiver of any subsequent or similar
right or privilege.
(e) MODIFICATIONS. This Agreement may be modified or amended only by a
written agreement executed by the parties hereto.
(f) COUNTERPARTS. This Agreement may be executed in counterparts, all
of which shall be considered one and the same agreement and each of which
shall be deemed an original.
(g) SEVERABILITY. If any term, provision, paragraph or clause of this
Agreement or any application thereof shall be held invalid or unenforceable
in any particular jurisdiction, the remainder of this Agreement and any other
application of such term, provision, paragraph or clause shall not be
affected thereby in such jurisdiction (where such remainder or application
shall be construed as if such invalid or unenforceable term, provision,
paragraph or clause has not been inserted), and this Agreement and such
application of such term, provision, paragraph or clause shall not be
affected in any other jurisdiction.
(h) CONTINGENCY. Neither party will be held liable for any delay or
failure in performance of this Agreement from any cause beyond its control
and without its fault or negligence including but not limited to acts of God,
acts of civil or military authority, government regulations, embargoes,
epidemics, wars, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, strikes, power blackouts, other major
environmental disturbances, unusually sever weather conditions, inability to
secure products or services of other persons or transportation facilities, or
acts or omissions of transportation common carriers.
(i) GOVERNING LAW. Except as otherwise expressly provided herein, this
Agreement shall be interpreted, construed and governed by the laws of the
State of ____________, without regard to conflict of law provisions.
(j) CONFIDENTIALITY. Unless by mutual agreement, or except to the
extent directed by a court of competent jurisdiction, neither party shall
disclose this Agreement or the terms hereof to any person other than such
party's affiliates or such party's officers, employees and consultants, who
are similarly bound hereby. This paragraph shall not prevent the filing of
this Agreement with a state or federal commission having jurisdiction over
the parties hereto if such filing is required by rule or order of that
commission; PROVIDED, HOWEVER, that the parties hereto shall jointly request
that the Agreement be treated as confidential by that commission to the
extent
17
EXHIBIT D
permitted under the commission's regulations and procedures. Each
party hereto must maintain the confidentiality of all message, billing,
traffic, and call records, traffic volumes and all other material information
and data pertaining to the traffic covered by this Agreement and the carriers
and end users associated with such traffic.
(k) REMEDIES UNDER LAW. All remedies available to the parties hereto
under the terms of this Agreement shall be in addition to, and not by way of
limitation of, any other rights that said parties may have at law or equity,
none of which are hereby waived.
(l) ENTIRE AGREEMENT. This Agreement, including all Attachments and
Schedules attached hereto, contains the entire agreement, and supersedes and
voids any prior understanding, between BA-__ and Carrier regarding the
subject matter hereof.
18
EXHIBIT D
In witness whereof, the undersigned parties have caused this Agreement to
be executed on their behalf this ____________ day of ______________ , 19 .
Witness: [Carrier]
___________________________ By: _________________________
Witness: Xxxx Atlantic - _______________, Inc.
___________________________ By: _________________________
19
EXHIBIT D
ATTACHMENT A
BASIS OF COMPENSATION
CHARGES FOR ADMINISTRATION OF ITORP AND ITORP PROCESSING
X. Xxxx Atlantic - _____________, Inc. charges the following rates for
providing ITORP services:
Rate Per Message/ Month
1. Administrative Charge $
2. Processing Charge Elements:
a. Terminating Traffic $
b. Minute/Message $
c. 800/888 Message $
d. Net Compensation $
e. Collected Revenue Processing Charge $
3. Minimum Monthly Fee $
4. Alternately Billed Calls $
20
EXHIBIT D
ATTACHMENT B
I.
Message Telecommunications Service - Terminating to Carrier
RATE ELEMENT BILLING COMPANY
------------------------------------------------------------------------------
Carrier Common Line Carrier
End Office Carrier
Transport based on negotiated billing percentages (BIPs)
II.
800/888 - Terminating to or originating from Carrier Customers
RATE ELEMENT BILLING COMPANY
------------------------------------------------------------------------------
Carrier Common Line Originating Company
End Office Originating Company
Transport based on negotiated billing percentages (BIPs)
Query Originating Company
III.
Local Exchange - Terminating to Carrier
RATE ELEMENT BILLING COMPANY
------------------------------------------------------------------------------
Local E.O. Termination Charge Carrier
Transport based on negotiated billing percentages (BIPs)
21
