Exhibit 10.38
INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
GTE NORTHWEST INCORPORATED
AND
ELECTRIC LIGHTWAVE, INC.
TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT...................................................... I-1
ARTICLE II
DEFINITIONS........................................................................ II-1
1. General Definitions........................................................... II-1
1.1 "Access Service Request"................................................ II-1
1.2 "Act"................................................................... II-1
1.3 "Affiliate"............................................................. II-1
1.4 "AMA"................................................................... II-1
1.5 "Applicable Law"........................................................ II-1
1.6 "Automatic Location Identification/Data Management System" ("ALI/DMS").. II-1
1.7 "Automatic Number Identification" ("ANI")............................... II-1
1.8 "Xxxx-and-Keep Arrangement"............................................. II-2
1.9 "Bona Fide Request" ("BFR")............................................. II-2
1.10 "Business Day".......................................................... II-2
1.11 "Central Office Switch"................................................. II-2
1.12 "Centralized Message Distribution System" ("CMDS")...................... II-2
1.13 "CLLI codes"............................................................ II-2
1.14 "Commercial Mobile Radio Services" ("CMRS")............................. II-2
1.15 "Commission"............................................................ II-2
1.16 "Common Channel Signaling" ("CCS")...................................... II-2
1.17 "Competitive Local Exchange Carrier" ("CLEC")........................... II-2
1.18 "Conduit"............................................................... II-2
1.19 "Currently Available"................................................... II-3
1.20 "Customer".............................................................. II-3
1.21 "Customer Usage Data"................................................... II-3
1.22 "Dedicated Transport"................................................... II-3
1.23 "DS-1".................................................................. II-3
1.24 "DS-3".................................................................. II-3
1.25 "Electronic File Transfer".............................................. II-3
1.26 "EMR"................................................................... II-3
1.27 "Enhanced 911 Service" ("E-911 Service")................................ II-3
1.28 "Exchange Service"...................................................... II-3
1.29 "Expanded Interconnection Service" ("EIS").............................. II-4
1.30 "Facility".............................................................. II-4
1.31 "FCC"................................................................... II-4
1.32 "GTOC".................................................................. II-4
1.33 "Guide"................................................................. II-4
1.34 "Hazardous Chemical".................................................... II-4
1.35 "Hazardous Waste"....................................................... II-4
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1.36 "Imminent Danger"....................................................... II-4
1.37 "Incumbent Local Exchange Carrier" ("ILEC")............................. II-4
1.38 "Interim Number Portability (INP)"...................................... II-5
1.39 "Interconnection Facility".............................................. II-5
1.40 "Interconnection Point" ("IP").......................................... II-5
1.41 "Interexchange Carrier" ("IXC")......................................... II-5
1.42 "ISDN User Part" ("ISUP")............................................... II-5
1.43 "LATA".................................................................. II-5
1.44 "Line Information Data Base" ("LIDB")................................... II-5
1.45 "Line Side"............................................................. II-5
1.46 "Local Exchange Carrier" ("LEC")........................................ II-5
1.47 "Local Exchange Routing Guide" ("LERG")................................. II-5
1.48 "Local Number Portability" ("LNP")...................................... II-6
1.49 "Local Traffic"......................................................... II-6
1.50 "Main Distribution Frame" ("MDF")....................................... II-6
1.51 "Meet-Point Billing" ("MPB")............................................ II-6
1.52 "MECAB"................................................................. II-6
1.53 "MECOD"................................................................. II-6
1.54 "Mid-Span Fiber Meet"................................................... II-6
1.55 "NANP".................................................................. II-7
1.56 "Network Interface Device" ("NID")...................................... II-7
1.57 "Numbering Plan Area" ("NPA")........................................... II-7
1.58 "NXX", "NXX Code", "Central Office Code" or "CO Code"................... II-7
1.59 "911 Service"........................................................... II-7
1.60 "Owner and Operator".................................................... II-7
1.61 "Pole Attachment"....................................................... II-7
1.62 "Provider".............................................................. II-7
1.63 "Public Safety Answering Point" ("PSAP")................................ II-7
1.64 "Rate Center"........................................................... II-8
1.65 "Right-of-Way" ("ROW").................................................. II-8
1.66 "Routing Point"......................................................... II-8
1.67 "Service Control Point" ("SCP")......................................... II-8
1.68 "Service Switching Point" ("SSP")....................................... II-8
1.69 "Shared Transport"...................................................... II-8
1.70 "Signaling Point" ("SP")................................................ II-9
1.71 "Signaling System 7" ("SS7")............................................ II-9
1.72 "Signal Transfer Point" ("STP")......................................... II-9
1.73 "Subsidiary"............................................................ II-9
1.74 "Synchronous Optical Network" ("SONET")................................. II-9
1.75 "Switched Access Service"............................................... II-9
1.76 "Telecommunications Services"........................................... II-9
1.77 "Third Party Contamination"............................................. II-9
1.78 "Trunk Side"............................................................ II-9
1.79 "Unbundled Network Elements" ("UNEs")................................... II-9
1.80 "Undefined Terms"....................................................... II-10
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1.81 "Vertical Features" (including "CLASS Features")........................ II-10
1.82 "Wire Center"........................................................... II-10
ARTICLE III
GENERAL PROVISIONS................................................................. III-1
1. Scope of General Provisions................................................... III-1
2. Term and Termination.......................................................... III-1
2.1 Term.................................................................... III-1
2.2 Post-Termination Arrangements........................................... III-1
2.3 Termination Upon Default................................................ III-1
2.4 Termination Upon Sale................................................... III-2
2.5 Liability upon Termination.............................................. III-2
3. Amendments.................................................................... III-2
4. Assignment.................................................................... III-2
5. Authority..................................................................... III-2
6. Responsibility for Payment.................................................... III-2
7. Billing and Payment........................................................... III-3
7.1 Dispute.................................................................. III-3
7.2 Late Payment Charge...................................................... III-3
7.3 Due Date................................................................. III-3
7.4 Audits................................................................... III-3
8. Binding Effect................................................................ III-3
9. Capacity Planning and Forecasting............................................. III-4
10. Compliance with Laws and Regulations.......................................... III-4
11. Confidential Information...................................................... III-4
11.1 Identification.......................................................... III-4
11.2 Handling................................................................ III-5
11.3 Exceptions.............................................................. III-5
11.4 Survival................................................................ III-5
12. Consent....................................................................... III-6
13. Cooperation on Fraud Minimization............................................. III-6
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14. Dispute Resolution............................................................ III-6
14.1 Alternative to Litigation............................................... III-6
14.2 Negotiations............................................................ III-6
14.3 Arbitration............................................................. III-7
14.4 Expedited Arbitration Procedures........................................ III-7
14.5 Costs................................................................... III-7
14.6 Continuous Service...................................................... III-7
15. Entire Agreement.............................................................. III-8
16. Expenses...................................................................... III-8
17. Force Majeure................................................................. III-8
18. Good Faith Performance........................................................ III-8
19. Governing Law................................................................. III-8
20. Standard Practices............................................................ III-8
21. Headings...................................................................... III-9
22. Independent Contractor Relationship........................................... III-9
23. Law Enforcement Interface..................................................... III-9
24. Liability and Indemnity....................................................... III-9
24.1 Indemnification......................................................... III-10
24.2 End User and Content-Related Claims..................................... III-10
24.3 DISCLAIMER.............................................................. III-10
24.4 Limitation of Liability................................................. III-11
24.5 Intellectual Property................................................... III-11
25. Multiple Counterparts......................................................... III-11
26. No Offer...................................................................... III-11
27. No Third Party Beneficiaries.................................................. III-11
28. Notices....................................................................... III-11
29. Protection.................................................................... III-12
29.1 Impairment of Service................................................... III-12
29.2 Resolution.............................................................. III-13
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30. Publicity..................................................................... III-13
31. Regulatory Agency Control..................................................... III-13
32. Changes in Legal Requirements................................................. III-13
33. Effective Date................................................................ III-13
34. Regulatory Matters............................................................ III-13
35. Rule of Construction.......................................................... III-14
36. Section References............................................................ III-14
37. Service Standards............................................................. III-15
38. Severability.................................................................. III-15
39. Subcontractors................................................................ III-15
40. Subsequent Law................................................................ III-15
41. Taxes......................................................................... III-15
42. Trademarks and Trade Names.................................................... III-16
43. Waiver........................................................................ III-16
44. Environmental Responsibility.................................................. III-16
45. TBD Prices.................................................................... III-18
46. Amendment of Certain Rates, Terms, and Conditions............................. III-18
ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES AND UNBUNDLED
ELEMENTS...................................................................... IV-1
1. General....................................................................... IV-1
2. Liability of GTE.............................................................. IV-1
2.1 Inapplicability of Tariff Liability..................................... IV-1
2.2 XXX Tariffs or Contracts................................................ IV-1
2.3 No Liability for Errors................................................. IV-1
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3. Unauthorized Changes.......................................................... IV-2
3.1 Procedures.............................................................. IV-2
4. Impact of Payment of Charges on Service....................................... IV-2
5. Unlawful Use of Service....................................................... IV-3
6. Timing of Messages............................................................ IV-3
7. Procedures For Preordering, Ordering, Provisioning, Etc....................... IV-3
8. Letter of Authorization....................................................... IV-3
8.1 Customer Proprietary Network Information................................ IV-3
8.2 Order Processing........................................................ IV-4
9. Customer Contacts............................................................. IV-4
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC........................... V-1
1. Services Covered by This Article.............................................. V-1
1.1 Types of Services....................................................... V-1
2. Billing and Rates............................................................. V-1
2.1 Rates and Charges....................................................... V-1
2.2 Billing................................................................. V-1
2.3 Billing Specifications.................................................. V-1
2.4 Billing Disputes........................................................ V-2
3. Transport and Termination of Traffic.......................................... V-2
3.1 Traffic to be Exchanged................................................. V-2
3.2 Compensation For Exchange Of Traffic.................................... V-2
3.3 Tandem and Transit Switching Traffic.................................... V-3
3.4 Inter-Tandem Switching.................................................. V-3
3.5 IntraLATA Toll Compensation Plan........................................ V-4
4. Direct Network Interconnection................................................ V-4
4.1 Network Interconnection Architecture.................................... V-4
4.2 Compensation............................................................ V-5
4.3 Trunking Requirements................................................... V-6
4.4 Network Redesigns Initiated by GTE...................................... V-7
4.5 Calling Scopes for Tandem and End Office Interconnection................ V-8
4.6 Trunk Forecasting....................................................... V-8
4.7 Trunk Facility Underutilization......................................... V-9
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5. Indirect Network Interconnection.............................................. V-9
6. Number Resources.............................................................. V-9
6.1 Number Assignment....................................................... V-9
6.2 Rate Centers............................................................ V-9
6.3 Routing Points.......................................................... V-10
6.4 Code and Numbers Administration......................................... V-10
6.5 Programming Switches.................................................... V-10
7. Number Portability............................................................ V-10
7.1 General................................................................. V-10
7.2 Interim Number Portability.............................................. V-10
7.3 Remote Call Forwarding.................................................. V-11
8. Meet-Point Billing for Switched Access Service................................. V-11
8.1 Meet-Point Arrangements................................................. V-11
8.2 Access Compensation..................................................... V-12
9. Common Channel Signaling...................................................... V-12
9.1 Service Description..................................................... V-12
9.2 Signaling Parameters.................................................... V-13
9.3 Privacy Indicators...................................................... V-13
9.4 Connection Through STP.................................................. V-13
9.5 Multi-Frequency Signaling............................................... V-13
10. Service Quality and Performance............................................... V-13
11. Network Outages............................................................... V-13
ARTICLE VI RESALE OF SERVICES...................................................... VI-1
1. General....................................................................... VI-1
2. Terms and Conditions.......................................................... VI-1
2.1 Quality and Performance................................................. VI-1
2.2 Restrictions on Resale.................................................. VI-1
2.3 Restrictions on Discount of Retail Services............................. VI-1
2.4 Resale to Other Carriers................................................ VI-1
2.5 Interim Universal Service Fund Charge for Wholesale Services............ VI-2
3. Ordering and Billing.......................................................... VI-2
3.1 Local Service Request................................................... VI-2
3.2 Certificate of Operating Authority...................................... VI-2
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3.3 Directory Assistance Listings........................................... VI-2
3.4 Nonrecurring Charges.................................................... VI-2
3.5 Transfers Between XXX and Another Reseller of GTE Services.............. VI-2
3.6 Local Calling Detail.................................................... VI-3
3.7 Procedures.............................................................. VI-3
3.8 LIDB.................................................................... VI-3
3.9 "OLN"................................................................... VI-3
4. Maintenance................................................................... VI-3
4.1 Maintenance, Testing and Repair......................................... VI-3
4.2 Specifics and Procedures for Maintenance................................ VI-3
5. Services Available for Resale................................................. VI-3
5.1 Description of Local Exchange Services Available for Resale............. VI-3
5.2 Other Services Available for Resale..................................... VI-4
5.3 Rates................................................................... VI-4
5.4 Grandfathered Services.................................................. VI-4
5.5 Access.................................................................. VI-4
5.6 Operator Services ("OS") and Directory Assistance ("DA")................ VI-4
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS......................................................... VII-1
1. General....................................................................... VII-1
2. Unbundled Network Elements.................................................... VII-2
2.1 Categories.............................................................. VII-2
2.2 Prices.................................................................. VII-2
2.3 Interconnection to Unbundled Elements................................... VII-2
2.4 Service Quality......................................................... VII-3
2.5 Nondiscriminatory Provision and Support................................. VII-3
3. Network Interface Device...................................................... VII-3
3.1 Direct Connection....................................................... VII-4
3.2 NID to NID Connection................................................... VII-4
3.3 Removal of Cable Pairs.................................................. VII-4
3.4 Maintenance............................................................. VII-4
3.5 Collocation Requirement................................................. VII-5
4. Loop Elements................................................................. VII-5
4.1 Service Description..................................................... VII-5
4.2 Categories of Loops..................................................... VII-5
4.3 Conditioned Loops....................................................... VII-6
4.4 Loop Testing............................................................ VII-6
4.5 Pair Gain Technologies.................................................. VII-7
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4.6 Unbundled Loop Facility Certification................................... VII-7
4.7 Compatibility........................................................... VII-8
4.8 Subloops................................................................ VII-8
4.9 Loop Identification..................................................... VII-9
5. Port and Local Switching Elements............................................. VII-9
5.1 Port.................................................................... VII-9
5.2 Ports Available as Unbundled Network Elements........................... VII-9
5.3 Port Prices............................................................. VII-9
5.4 Local Switching......................................................... VII-9
5.5 Compliance with Section 2.3............................................. VII-10
5.6 Shared Transport........................................................ VII-10
6. Dedicated Transport........................................................... VII-11
7. SS7 Transport and Signaling................................................... VII-12
8. LIDB Services................................................................. VII-12
9. Database 800-Type Services.................................................... VII-12
10. Operator Services ("OS") and Directory Assistance ("DA")...................... VII-12
11. Customized Routing............................................................ VII-13
12. Advanced Intelligent Network Access (AIN)..................................... VII-13
13. Directory Assistance Listing.................................................. VII-13
14. Operational Support Systems ("OSS")........................................... VII-14
ARTICLE VIII ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS.............. VIII-1
1. Bona Fide Request Process..................................................... VIII-1
1.1 Intent.................................................................. VIII-1
1.2 Process................................................................. VIII-1
2. Transfer of Service Announcements............................................. VIII-2
3. Misdirected Calls............................................................. VIII-2
4. 911/E911 Arrangements......................................................... VIII-2
4.1 Description of Service.................................................. VIII-2
4.2 Transport............................................................... VIII-3
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4.3 Cooperation and Level of Performance.......................................... VIII-3
4.4 Basic 911 and E911 General Requirements....................................... VIII-3
4.5 Compensation.................................................................. VIII-9
5. Information Services Traffic........................................................ VIII-9
5.1 Billing and Collection and Information Service Provider ("ISP") Remuneration.. VIII-9
5.2 900-976 Call Blocking......................................................... VIII-9
5.3 Miscellaneous................................................................ VIII-9
6. Telephone Relay Service............................................................. VIII-9
7. Directory Assistance ("DA") and Operator Services ("OS")............................ VIII-9
7.1 Directory Assistance Calls.................................................... VIII-9
7.2 Operator Services Calls....................................................... VIII-10
8. Directory Assistance Listings Information........................................... VIII-10
9. Directory Listings and Directory Distribution....................................... VIII-11
10. Busy Line Verification and Busy Line Verification Interrupt......................... VIII-12
11. SAG................................................................................. VIII-12
12. Dialing Format Changes.............................................................. VIII-13
13. Operational Support Systems ("OSS")................................................. VIII-12
ARTICLE IX
COLLOCATION.............................................................................. IX-1
1. Physical Collocation................................................................ IX-1
1.1 Space Planning................................................................. IX-1
1.2 Connection to Customer Loops and Ports......................................... IX-2
1.3 Connection to Other Collocated Carriers........................................ IX-3
1.4 Choice of Vendor............................................................... IX-3
1.5 Monitoring..................................................................... IX-3
1.6 Phone Service.................................................................. IX-3
1.7 Intraoffice Diversity.......................................................... IX-3
1.8 Proprietary Information........................................................ IX-3
1.9 Notification of Modifications.................................................. IX-4
1.10 Drawings...................................................................... IX-4
1.11 Construction of Space......................................................... IX-4
1.12 Connection Equipment.......................................................... IX-6
1.13 Access to XXX Collocation Space............................................... IX-6
1.14 Common Collocation Space...................................................... IX-7
x
2. Virtual Collocation........................................................... IX-7
2.1 Conversion from Virtual to Physical Collocation......................... IX-7
2.2 Conversion from Physical to Virtual Collocation......................... IX-7
2.3 Vendors................................................................. IX-8
2.4 Inspection.............................................................. IX-8
3. Fixed Wireless Collocation.................................................... IX-8
ARTICLE X ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY....................... X-1
APPENDIX A......................................................................... A-1
APPENDIX B......................................................................... B-1
APPENDIX C
RATES AND CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC......................... C-1
APPENDIX D......................................................................... D-1
APPENDIX E
SERVICES AVAILABLE FOR RESALE..................................................... E-1
APPENDIX F
PRICES FOR UNBUNDLED ELEMENTS..................................................... F-2
APPENDIX G
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS....................................... G-1
APPENDIX H
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE........................... H-1
APPENDIX I
SS7 SERVICES...................................................................... I-1
APPENDIX J
POLE ATTACHMENT AGREEMENT.......................................................... J-1
APPENDIX K
CONDUIT OCCUPANCY AGREEMENT........................................................ K-1
APPENDIX L
RECIPROCAL COMPENSATION FOR CALL TERMINATION
xi
WHEN XXX USES GTE UNBUNDLED PORTS,
LOCAL SWITCHING & SHARED TRANSPORT................................................. L-1
APPENDIX 37A PERFORMANCE MEASURES.................................................. 00X-0
XXXXXXXX 46A AT&T TERMS............................................................ 00X-0
XXXXXXXX 46B GTE TERMS............................................................. 46B-1
xii
This Interconnection, Resale and Unbundling Agreement (the "Agreement"), is
by and between GTE Northwest Incorporated, with its address for purposes of this
Agreement at 000 Xxxxxx Xxxxx Xxxxx, Xxxxxx, Xxxxx 00000 ("GTE"), and Electric
Lightwave, Inc., in its capacity as a certified provider of local exchange
service ("XXX"), with its address for this Agreement at 0000 X.X. 00xx Xxxxxx,
Xxxxxxxxx, Xxxxxxxxxx 00000 (GTE and XXX being referred to collectively as the
"Parties" and individually as a "Party"). This Agreement covers services in the
state of Oregon only (the "State").
WHEREAS, interconnection between competing Local Exchange Carriers ("LECs")
is necessary and desirable for the mutual exchange and termination of traffic
originating on each LEC's network; and
WHEREAS, the Parties desire to exchange such traffic and related signaling
in a technically and economically efficient manner at defined interconnection
points; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their
respective telecommunications networks on terms that are fair and equitable to
both Parties; and
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act")
imposes specific obligations on LECs with respect to the interconnection of
their networks, resale of their telecommunications services, access to their
poles, ducts, conduits and rights-of-way and, in certain cases, the offering of
certain unbundled network elements and physical collocation of equipment in LEC
premises; and
WHEREAS, GTE is entering, under protest, into certain aspects of this
Agreement that incorporate adverse results from (i) the AT&T/GTE arbitration,
Docket No.ARB 5 approved by the Commission in this State and is doing so in
order to avoid the expense of arbitration, and (ii) arbitrated issues in the
XXX/GTE arbitration, Docket No. ARB 91, and is doing so by Order No. 99-218 of
the Oregon Public Utility Commission, while at the same time preserving its
legal positions, rights and remedies;
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, GTE and XXX hereby covenant and agree as follows:
ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one
another within each area in which they both operate within the State for
purposes of interconnection and the exchange of traffic between their respective
networks and access to poles, ducts, conduits and rights-of-way. This Agreement
also governs the purchase by XXX of certain telecommunications services provided
by GTE in those service areas where GTE is the "incumbent local exchange
carrier" in accordance with Section 251(h) of the Act for resale by XXX, the
purchase by XXX of certain unbundled network elements from GTE, and the terms
and conditions of the collocation of certain equipment of XXX in the premises of
GTE. This Agreement is an integrated package that reflects a balancing of
interests critical to the Parties. This Agreement will be submitted to the
Oregon Public Utility Commission for approval. The Parties agree that their
entrance into this Agreement is without prejudice to and does not waive any
positions they may have taken previously, or may take in the future, in any
legislative, regulatory, judicial or other public forum addressing any matters,
including matters related to the same types of arrangements and/or matters
related to GTE's cost recovery covered in this Agreement. XXX agrees to
negotiate nondiscriminatory terms and conditions for the provision of services
and facilities to GTE. GTE's execution of this Agreement is not a concession or
waiver in any manner concerning its position that certain of the rates, terms
and conditions contained herein are unlawful, illegal and improper.
The services and facilities to be provided to XXX by GTE in satisfaction of this
Agreement may be provided pursuant to GTE tariffs and then current practices.
Should such services and facilities be modified by tariff or by Order, including
any modifications resulting from other Commission proceedings, federal court
review or other final judicial action, such modifications will be deemed to
automatically supersede any rates and terms and conditions of this Agreement.
GTE will provide notification to XXX before such a tariff becomes effective, and
XXX may provide input on such proposed tariff. The Parties shall cooperate with
one another for the purpose of incorporating required modifications into this
agreement.
I-1
ARTICLE II
DEFINITIONS
1. General Definitions. Except as otherwise specified herein, the following
-------------------
definitions shall apply to all Articles and Appendices contained in this
Agreement. Additional definitions that are specific to the matters covered
in a particular Article may appear in that Article. To the extent that
there may be any conflict between a definition set forth in this Article II
and any definition in a specific Article or Appendix, the definition set
forth in the specific Article or Appendix shall control with respect to
that Article or Appendix.
1.1. "Access Service Request" ("ASR") means an industry standard form used by
the Parties to add, establish, change or disconnect services or trunks for
the purposes of Interconnection.
1.2. "Act" means the Telecommunications Act of 1996, Public Law 104-104 of the
000xx Xxxxxx Xxxxxx Congress effective February 8, 1996.
1.3. "Affiliate" of a Party means a person, corporation or other legal entity
that, directly or indirectly, owns or controls a Party, or is owned or
controlled by, or is under common ownership or control with a Party.
1.4. "AMA" means the Automated Message Accounting structure inherent in switch
technology that initially records telecommunication message information.
AMA format is contained in the Automated Message Accounting document,
published by Bellcore as GR-1100-CORE which defines the industry standard
for message recording.
1.5. "Applicable Law" shall mean all laws, statutes, common law, regulations,
ordinances, codes, rules, guidelines, orders, permits, and approvals of any
Governmental Authority, which apply or relate to the subject matter of this
Agreement.
1.6. "Automatic Location Identification/Data Management System" ("ALI/DMS")
means the emergency services (E911/911) database containing customer
location information (including name, address, telephone number, and
sometimes special information from the local service provider) used to
process subscriber access records into Automatic Location Identification
(ALI) records. From this database, records are forwarded to GTE's ALI
Gateway for downloading by local ALI database systems to be available for
retrieval in response to ANI from a 9-1-1 call. Also, from this database,
GTE will upload to its selective routers the selective router ALI (SR/ALI)
which is used to determine to which Public Safety Answering Point ("PSAP")
to route the call.
1.7. "Automatic Number Identification" ("ANI") refers to the number transmitted
through the network identifying the calling party.
II-1
1.8. "Xxxx-and-Keep Arrangement" means a compensation arrangement whereby the
Parties do not render bills to each other for certain forms of interim
local number portability or, under certain circumstances, the termination
of local traffic specified in this Agreement and whereby the Parties
terminate local exchange traffic originating from end-users served by the
networks of the other Party without explicit charging among or between
said carriers for such traffic exchange.
1.9. "Bona Fide Request" ("BFR") process is intended to be used when requesting
customized Service Orders for certain services, features, capabilities or
functionality defined and agreed upon by the Parties as services to be
ordered as Bona Fide Requests.
1.10. "Business Day" shall mean Monday through Friday, except for holidays on
which the U.S. mail is not delivered.
1.11. "Central Office Switch" means a switch used to provide telecommunications
services including (i) "End Office Switches" which are Class 5 switches
-------------------
from which end user Exchange Services are directly connected and offered,
and (ii) "Tandem Office Switches" which are Class 4 switches which are
----------------------
used to connect and switch trunk circuits between and among central office
switches. Central office switches may be employed as combination end
office/tandem office switches (combination Class 5/Class 4).
1.12. "Centralized Message Distribution System" ("CMDS") means the billing
record and clearing house transport system that the Regional Xxxx
Operating Companies ("RBOCs") and other incumbent LECs use to efficiently
exchange out collects and in collects as well as Carrier Access Billing
System ("CABS") records.
1.13. "CLLI codes" means Common Language Location Identifier Codes.
1.14. "Commercial Mobile Radio Services" ("CMRS") means a radio communication
service provided pursuant to 47 U.S.C. (S) 332(d)(1), as interpreted by
the FCC and the federal courts.
1.15. "Commission" means the Oregon Public Utilities Commission.
1.16. "Common Channel Signaling" ("CCS") means a high-speed specialized packet-
switched communications network that is separate (out-of-band) from the
public packet-switched and message networks. CCS carries addressed
signaling messages for individual trunk circuits and/or database-related
services between Signaling Points in the CCS network using SS7 signaling
protocol.
1.17. "Competitive Local Exchange Carrier" ("CLEC") means any company or person
authorized to provide local exchange services in competition with an ILEC.
1.18. "Conduit" has the meaning as set forth in Article X and Appendix K of
----------
this Agreement.
II-2
1.19. "Customer" may mean GTE or XXX depending on the context and which Party
is receiving the service from the other Party.
1.20. "Currently Available" means existing as part of GTE's network at the time
of the requested order or service and does not include any service,
feature, function, or capability that GTE either does not provide to
itself or to its own end users, or does not have the capability to
provide.
1.21. "Customer Usage Data" means that the local telecommunications services
usage data of an XXX customer, measured in minutes, sub-minute increments,
message units, or otherwise, that is recorded and exchanged by the
Parties.
1.22. "Dedicated Transport" means an Unbundled Network Element that is purchased
for the purpose of transporting Telecommunications Services between
designated Service Wire Centers ("SWCs"). Dedicated Transport may extend
between two GTE SWCs (Interoffice Dedicated Transport ("IDT")) or may
extend from the GTE SWC to the CLEC premise (CLEC Dedicated Transport
("CDT")). CDT remains within the exchange boundaries of the SWC, while IDT
traverses exchange boundaries.
1.23. "DS-1" is a digital signal rate of 1.544 Mbps or a service carried at that
rate.
1.24. "DS-3" is a digital signal rate of 44.736 Mbps or a service carried at
that rate.
1.25. "Electronic File Transfer" refers to a system or process which utilizes
an electronic format and protocol to send/receive data files.
1.26. "EMR" means the Exchanged Message Record which is an industry standard
record used to exchange telecommunications message information among CLECs
for billable, non-billable, sample, settlement and study data. EMR format
is defined in BR-010-200-010 XXXX Exchange Message Record, published by
Bellcore and which defines the industry standard for exchange message
records.
1.27. "Enhanced 911 Service" ("E-911 Service") is a method of routing 911 calls
to a Public Service Answering Point that uses a customer location database
to determine the location to which a call should be routed. E-911 service
includes the forwarding of the caller's Automatic Number Identification
("ANI") to the PSAP where the ANI is used to retrieve and display the
Automatic Location Identification ("ALI") on a terminal screen at the
answering Attendant's position, and usually includes selective routing.
1.28. "Exchange Service" refers to all basic access line services, or any other
services offered to end users which provide end users with a telephonic
connection to, and a unique telephone number address on, the public
switched telecommunications network ("PSTN"), and which enable such end
users to place or receive calls to all other stations on the PSTN.
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1.29. "Expanded Interconnection Service" ("EIS") has the same meaning as that
term is used in the FCC's First Report and Order in CC Docket No. 96-98,
and means a service that provides interconnecting carriers with the
capability to terminate basic fiber optic transmission facilities,
including optical terminating equipment and multiplexers, at GTE's wire
centers and access tandems and interconnect those facilities with the
facilities of GTE. Microwave and other forms of collocation and
interconnection with fixed wireless facilities is available on a case-by-
case basis where feasible.
1.30. "Facility" means all buildings, equipment, structures and other items
located on a single site or contiguous or adjacent sites owned or operated
by the same persons or person as used in Article III, Section 44.
1.31. "FCC" means the Federal Communications Commission.
1.32. "GTOC" means GTE Telephone Operating Company.
1.33. "Guide" means the GTE Open Market Transition Order/Processing Guide/CLEC
Customer Guide, which contains GTE's operating procedures for preordering,
ordering, provisioning, trouble reporting and repair for resold services
and Unbundled Network Elements and GTE's CLEC Interconnection Guide which
provides guidelines for obtaining interconnection of GTE's Switched
Network with the networks of all certified CLECs for reciprocal exchange
of traffic. Except as specifically provided otherwise in this Agreement or
as required by the Act, applicable FCC orders, or State law, service
ordering, provisioning, billing and maintenance shall be governed by the
"Guide" which may be amended from time to time by GTE as needed.
1.34. "Hazardous Chemical" means as defined in the U.S. Occupational Safety and
Health ("OSHA") hazard communication standard (29 CFR (S) 1910.1200), any
chemical which is a health hazard or physical hazard.
1.35. "Hazardous Waste" means as described in Resource Conservation and Recovery
Act ("RCRA"), a solid waste(s) which may cause, or significantly
contribute to an increase in mortality or illness or pose a substantial
hazard to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed because of its quantity,
concentration or physical or chemical characteristics.
1.36. "Imminent Danger" means as described in the Occupational Safety and Health
Act and expanded for environmental matters, any conditions or practices at
a facility which are such that a danger exists which could reasonably be
expected to cause death or serious harm or significant damage to the
environment or natural resources.
1.37. "Incumbent Local Exchange Carrier" ("ILEC") means any local exchange
carrier that was, as of February 8, 1996, deemed to be a member of the
Exchange Carrier Association as set forth in 47 C.F.R. (S) 69.601(b) of
the FCC's regulations.
II-4
1.38. "Interim Number Portability" ("INP") means the delivery of LNP
capabilities, from a customer standpoint in terms of call completion, with
as little impairment of functioning, quality, reliability, and convenience
as possible and from a carrier standpoint, through the use of existing and
available call routing, forwarding, and addressing capabilities until the
implementation of permanent or long-term local number portability.
1.39. "Interconnection Facility" means the physical connection of separate
pieces of equipment, transmission facilities, etc., within, between and
among networks, for the transmission and routing of exchange service and
exchange access.
1.40. "Interconnection Point" ("IP") means the physical point on the network
where the two parties interconnect. The "IP" is the demarcation point
between ownership of the transmission facility.
1.41. "Interexchange Carrier" ("IXC") means a telecommunications service
provider authorized by the FCC to provide interstate and/or international
long distance communications services between LATAs and/or authorized by
the State to provide inter- and/or intraLATA long distance communications
services within the State.
1.42. "ISDN User Part" ("ISUP") means a part of the SS7 protocol that defines
call setup messages and call takedown messages.
1.43. "LATA" means Local Access and Transport Area. A LATA denotes a geographic
area for the provision and administration of communications service; i.e.,
intraLATA or interLATA.
1.44. "Line Information Data Base" ("LIDB") means one or all, as the context may
require, of the Line Information databases owned individually by GTE and
other entities which provide, among other things, calling card validation
functionality for telephone line number cards issued by GTE and other
entities. A LIDB also contains validation data for collect and third
number-billed calls; i.e., Billed Number Screening.
1.45. "Line Side" refers to an end office switch connection that has been
programmed to treat the circuit as a local line connected to a NID. Line
side connections offer only those transmission and signaling features
appropriate for a connection between an end office and a NID.
1.46. "Local Exchange Carrier" ("LEC") means any company certified by the
Commission to provide local exchange telecommunications service. This
includes the Parties to this Agreement.
1.47. "Local Exchange Routing Guide" ("LERG") means the Bellcore reference
customarily used to identify NPA-NXX routing and homing information, as
well as network element and equipment designation.
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1.48. "Local Number Portability" ("LNP") means the ability of users of
telecommunications services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability, or
convenience when switching from one LEC to another.
1.49. "Local Traffic" means traffic that is originated by an end user of one
Party and terminates to the end user of the other Party within GTE's then
current local serving area, including mandatory local calling scope
arrangements. A mandatory local calling scope arrangement is an
arrangement that provides end users a local calling scope, Extended Area
Service ("EAS"), beyond their basic exchange serving area. Local Traffic
does not include optional local calling scopes (i.e., optional rate
---
packages that permit the end user to choose a local calling scope beyond
their basic exchange serving area for an additional fee), referred to
hereafter as "optional EAS." Local Traffic excludes Enhanced Service
Provider (ESP) traffic (e.g., Internet, 900-976, etc.) and Internet
Protocol based voice or fax telephony. For purposes of this Agreement,
Internet traffic is subject to reciprocal compensation, rates and terms,
pending adoption of a replacement rate pursuant to a federal rule
establishing an appropriate interstate compensation mechanism, if
appropriate.
1.50. "Main Distribution Frame" ("MDF") means the distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a
switching system.
1.51. "Meet-Point Billing" ("MPB") refers to an arrangement whereby two LECs
jointly provide the transport element of a switched access service to one
of the LEC's end office switches, with each LEC receiving an appropriate
share of the transport element revenues as defined by their effective
access tariffs.
1.52. "MECAB" refers to the Multiple Exchange Carrier Access Billing ("MECAB")
document prepared by the Billing Committee of the Ordering and Billing
Forum ("OBF"), which functions under the auspices of the Carrier Liaison
Committee ("CLC") of the Alliance for Telecommunications Industry
Solutions ("ATIS"). The MECAB document, published by Bellcore as Special
Report SR-BDS-000983, contains the recommended guidelines for the billing
of an access service provided by two or more LECs, or by one LEC in two or
more states within a single LATA.
1.53. "MECOD" refers to the Multiple Exchange Carriers Ordering and Design
("MECOD") Guidelines for Access Services - Industry Support Interface, a
document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum ("OBF"), which functions under
the auspices of the Carrier Liaison Committee ("CLC") of the Alliance for
Telecommunications Industry Solutions ("ATIS"). The MECOD document,
published by Bellcore as Special Report SR-STS-002643, establish methods
for processing orders for access service which is to be provided by two or
more LECs.
1.54. "Mid-Span Fiber Meet" means an Interconnection architecture whereby two
carriers' fiber transmission facilities meet at a mutually agreed-upon IP.
II-6
1.55. "NANP" means the "North American Numbering Plan," the system of telephone
numbering employed in the United States, Canada, Guam, the Northern
Mariana Islands, and the Caribbean countries that employ NPA 809.
1.56. "Network Interface Device" ("NID") means the point of demarcation between
the end user's inside wiring and GTE's facilities.
1.57. "Numbering Plan Area" ("NPA") is also sometimes referred to as an area
code. This is the three digit indicator which is defined by the "A", "B",
and "C" digits of each 10-digit telephone number within the NANP. Each NPA
contains 800 possible NXX Codes. There are two general categories of NPA,
"Geographic NPAs" and "Non-Geographic NPAs". A Geographic NPA is
--------------- -------------------
associated with a defined geographic area, and all telephone numbers
bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access
--------------
Code" or "SAC Code" is typically associated with a specialized
---- --------
telecommunications service which may be provided across multiple
geographic NPA areas. 800, 900, 700, and 888 are examples of Non-
Geographic NPAs.
1.58. "NXX," "NXX Code," "Central Office Code," or "CO Code" is the three digit
switch entity indicator which is defined by the "D", "E", and "F" digits
of a 10-digit telephone number within the NANP. Each NXX Code contains
10,000 station numbers.
1.59. "911 Service" means a universal telephone number which gives the public
direct access to the PSAP. Basic 911 service collects 911 calls from one
or more local exchange switches that serve a geographic area. The calls
are then sent to the correct authority designated to receive such calls.
1.60. "Owner and Operator" means as used in OSHA regulations, owner is the legal
entity, including a lessee, which exercises control over management and
record keeping functions relating to a building or facility. As used in
the Resource Conservation and Recovery Act (RCRA), operator means the
person responsible for the overall (or part of the) operations of a
facility.
1.61. "Pole Attachment" has the meaning as set forth in Article X and Appendix
--------
J of this Agreement.
-
1.62. "Provider" may mean GTE or XXX depending on the context and which Party
is providing the service to the other Party.
1.63. "Public Safety Answering Point" ("PSAP") means an answering location for
E911/911 calls originating in a given area. A PSAP may be designated as
Primary or Secondary, which refers to the order in which calls are
directed for answering. Primary PSAPs respond first; Secondary PSAPs
receive calls on a transfer basis only, and generally serve as a
centralized answering location for a particular type of emergency
II-7
call. PSAPs are staffed by employees of Emergency Response Agencies
("ERAs") such as police, fire or emergency medical agencies or by
employees of a common bureau serving a group of such entities.
1.64. "Rate Center" means the specific geographic point and corresponding
geographic area that are associated with one or more particular NPA-NXX
Codes that have been assigned to a LEC for its provision of Exchange
Services. The geographic point is identified by a specific Vertical and
Horizontal ("V&H") coordinate that is used to calculate distance-sensitive
end user traffic to/from the particular NPA-NXXs associated with the
specific Rate Center.
1.65. "Right-of-way" ("ROW") means the right to use the land or other property
of another party to place poles, conduits, cables, other structures and
equipment, or to provide passage to access such structures and equipment.
A ROW may run under, on, or above public or private property (including
air space above public or private property) and may include the right to
use discrete space in buildings, building complexes, or other locations.
1.66. "Routing Point" denotes a location that a LEC has designated on its
network as the homing (routing) point for traffic that terminates to
Exchange Services provided by the LEC that bear a certain NPA-NXX
designation. The Routing Point is used to calculate airline mileage for
the distance-sensitive transport element charges of Switched Access
Services. Pursuant to Bellcore Practice BR795-100-100, the Routing Point
may be an end office location, or a "LEC Consortium Point of
Interconnection." The Routing Point must be in the same LATA as the
associated NPA-NXX.
1.67. "Service Control Point" ("SCP") is the node in the signaling network to
which informational requests for service handling, such as routing, are
directed and processed. The SCP is a real time database system that, based
on a query from the SSP, performs subscriber or application-specific
service logic, and then sends instructions back to the SSP on how to
continue call processing.
1.68. "Service Switching Point" ("SSP") means a Signaling Point that can launch
queries to databases and receive/interpret responses used to provide
specific customer services.
1.69. "Shared Transport" means the physical interoffice facility, not dedicated
to any one customer, that is used to transport a call between switching
offices. A central office switch translates the end user dialed digits and
routes the call over a Common Transport Trunk Group that rides interoffice
transmission facilities. These trunk groups and the associated interoffice
transmission facilities are accessible by any end user (GTE end user or
XXX end user when XXX has purchased unbundled switching), and are referred
to as "shared transport facilities."
II-8
1.70. "Signaling Point" ("SP") means a node in the CCS network that originates
and/or receives signaling messages, or transfers signaling messages from
one signaling link to another, or both.
1.71. "Signaling System 7" ("SS7") means the signaling protocol, Version 7, of
the CCS network, based upon American National Standards Institute ("ANSI")
standards.
1.72. "Signal Transfer Point" ("STP") means a packet switch in the CCS network
that is used to route signaling messages among SSPs, SCPs and other STPs
in order to set up calls and to query databases for advanced services.
GTE's network includes mated pairs of local and regional STPs. STPs are
provided in pairs for redundancy. GTE STPs conform to ANSI T1.111-8
standards.
1.73. "Subsidiary" of a Party means a corporation or other legal entity that is
majority owned by such Party.
1.74. "Synchronous Optical Network" ("SONET") means synchronous electrical
("STS") or optical channel ("OC") connections between LECs.
1.75. "Switched Access Service" means the offering of facilities for the purpose
of the origination or termination of traffic to or from Exchange Service
customers in a given area pursuant to a switched access tariff. Switched
Access Services include: Feature Group A, Feature Group B, Feature Group
C, Feature Group D, 800 access and 900 access services.
1.76. "Telecommunications Services" means the offering of telecommunications for
a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities
used.
1.77. "Third Party Contamination" means environmental pollution that is not
generated by the LEC or CLEC but results from off-site activities
impacting a facility.
1.78. "Trunk Side" refers to a central office switch connection that is capable
of, and has been programmed to treat the circuit as, connecting to another
switching entity, for example, to another central office switch. Trunk
side connections offer those transmission and signaling features
appropriate for the connection of switching entities and cannot be used
for the direct connection of ordinary telephone station sets.
1.79. "Unbundled Network Elements" ("UNEs") generally means a facility or
equipment used in the provision of a Telecommunications Service. Specific
references to UNEs contained throughout this Agreement shall be to the
network elements that are to be unbundled pursuant to Article VII of this
Agreement. Such UNEs shall include the features, functions, and
capabilities that are provided by means of such facility or equipment,
including, where applicable, subscriber numbers, databases, signalling
II-9
systems, and information sufficient for billing and collection or used in
the transmission, routing, or other provision of a Telecommunications
Service.
1.80. "Undefined Terms" means the Parties acknowledge that terms may appear in
this Agreement which are not defined and agree that any such terms shall
be construed in accordance with their customary usage in the
telecommunications industry as of the effective date of this Agreement.
1.81. "Vertical Features" (including "CLASS Features") means vertical services
and switch functionalities provided by GTE, including but not necessarily
limited to: Automatic Call Back; Automatic Recall; Call Forwarding Busy
Line/Don't Answer; Call Forwarding Don't Answer; Call Forwarding Variable;
Call Forwarding - Busy Line; Call Trace; Call Waiting; Call Number
Delivery Blocking Per Call; Calling Number Blocking Per Line; Cancel Call
Waiting; Distinctive Ringing/Call Waiting; Incoming Call Line
Identification Delivery; Selective Call Forward; Selective Call Rejection;
Speed Calling; and Three Way Calling/Call Transfer.
1.82. "Wire Center" means a building or space within a building that serves as
an aggregation point on a LEC's network, where transmission facilities and
circuits are connected or switched. "Wire center" can also denote a
building in which one or more Central Offices, used for the provision of
exchange services and access services, are located.
II-10
ARTICLE III
GENERAL PROVISIONS
1. Scope of General Provisions. Except as may otherwise be set forth in a
---------------------------
particular Article or Appendix of this Agreement, in which case the
provisions of such Article or Appendix shall control, these General
Provisions apply to all Articles and Appendices of this Agreement.
2. Term and Termination.
--------------------
2.1 Term. Subject to the termination provisions contained in this
----
Agreement, the term of this Agreement shall be two (2) years from the
effective date established pursuant to section 33 of this Article III
and shall continue in effect for consecutive one (1) year terms until
either Party gives the other Party at least ninety (90) calendar days
written notice of termination, which termination shall be effective
at the end of the then-current term. In the event notice is given
less than 90 calendar days prior to the end of the current term, this
Agreement shall remain in effect for 90 calendar days after such
notice is received, provided, that in no case shall the term be
extended beyond 90 calendar days after the end of the current term.
2.2 Post-Termination Arrangements. Except in the case of termination as
-----------------------------
a result of either Party's default or a termination upon sale, for
service arrangements made available under this Agreement and existing
at the time of termination, those arrangements shall continue if a
Party requests negotiations for a new agreement until this Agreement
has been replaced by a new agreement, or, in the event that either
Party initiates and pursues in good faith the negotiation of a new
agreement on or before 90 days prior to the end of the then current
term, for 180 calendar days following the end of the then-current
term (as may be extended under subsection 2.1 above), whichever
occurs first. If a new agreement is not effective within 180 calendar
days following the end of the then-current term (as may be extended
under subsection 2.1 above), the existing service arrangements may
continue without interruption under (a) a new agreement voluntarily
executed by the Parties; (b) standard terms and conditions approved
and made generally effective by the Commission, if any; (c) tariff
terms and conditions made generally available to all CLECs; or (d)
any rights under Section 252(i) of the Act.
2.3 Termination Upon Default. Either Party may terminate this Agreement
------------------------
in whole or in part in the event of a default by the other Party;
provided however, that the non-defaulting Party notifies the
defaulting party in writing of the alleged default and that the
defaulting Party does not cure the alleged default within sixty (60)
calendar days of receipt of written notice thereof. Default is
defined to include:
III-1
(a) A Party's insolvency or the initiation of bankruptcy or
receivership proceedings by or against the Party; or
(b) A Party's refusal or failure in any material respect properly to
perform its obligations under this Agreement, or the violation any of
the material terms or conditions of this Agreement.
2.4 Termination Upon Sale. Notwithstanding anything to the contrary
---------------------
contained herein, a Party may terminate this Agreement as to a
specific operating area or portion thereof of such Party if such
Party sells or otherwise transfers the area or portion thereof. The
Party shall provide the other Party with at least ninety (90)
calendar days' prior written notice of such termination, which shall
be effective on the date specified in the notice. Notwithstanding
termination of this Agreement as to a specific operating area, this
Agreement shall remain in full force and effect in the remaining
operating areas.
2.5 Liability upon Termination. Termination of this Agreement, or any
--------------------------
part hereof, for any cause shall not release either Party from any
liability which at the time of termination had already accrued to the
other Party or which thereafter accrues in any respect to any act or
omission occurring prior to the termination or from an obligation
which is expressly stated in this Agreement to survive termination.
3. Amendments. Any amendment, modification, or supplement to this Agreement
----------
must be in writing and signed by an authorized representative of each
Party. The term "this Agreement" shall include future amendments,
modifications, and supplements.
4. Assignment. Any assignment by either Party of any right, obligation, or
----------
duty, in whole or in part, or of any interest, without the written consent
of the other Party shall be void, except that either Party may assign all
of its rights, and delegate its obligations, liabilities and duties under
this Agreement, either in whole or in part, to any entity that is, or that
was immediately preceding such assignment, a Subsidiary or Affiliate of
that Party without consent, but with written notification. The
effectiveness of an assignment shall be conditioned upon the assignee's
written assumption of the rights, obligations, and duties of the assigning
Party.
5. Authority. Each person whose signature appears on this Agreement
---------
represents and warrants that he or she has authority to bind the Party on
whose behalf he or she has executed this Agreement.
6. Responsibility for Payment. All charges for Services provided under this
--------------------------
Agreement will be billed to Customer, including all applicable taxes and
surcharges. In addition, the End User Common Line (EUCL) Charge from GTOC
Tariff FCC No. 1 is applicable to Resold Services that GTE provides to XXX.
Customer is responsible for payment of charges billed regardless of any
billing arrangements or situation between Customer and its end user
customer.
III-2
7. Billing and Payment. Except as provided elsewhere in this Agreement and
-------------------
where applicable, XXX and GTE agree to exchange all information to
accurately, reliably, and properly xxxx for features, functions and
services rendered under this Agreement. Such exchange will be in
conformance with MECAB and MECOD guidelines to the extent that the Parties
adhere to those guidelines as part of the billing practices used in their
normal course of business. If the Parties are unable to fully exchange the
necessary information because a Party's billing practices do not conform
with MECAB or MECOD guidelines, the Parties will negotiate a mutually
acceptable alternative means of exchanging the information.
7.1 Dispute. If one Party disputes a billing statement issued by the
-------
other Party, the billed Party shall notify Provider in writing
regarding the nature and the basis of the dispute within six (6)
months of the statement date or the dispute shall be waived. The
Parties shall diligently work toward resolution of all billing issues
on an informal basis and, if such efforts are unsuccessful, either
Party may seek to resolve the dispute through the dispute resolution
procedures in Section 14 of this Article. The billed Party may
withhold payment of disputed funds billed by Provider. The funds,
plus accumulated interest, shall be dispersed to the proper Party or
Parties upon resolution of the dispute.
7.2 Late Payment Charge. If any undisputed amount due on the billing
-------------------
statement is not received by Provider on the payment due date,
Provider may charge, and Customer agrees to pay, at Provider's option,
interest on the past due balance at a rate equal to the lesser of the
interest rates set forth in the applicable GTE/Contel state access
tariffs or the GTOC/GSTC FCC No. 1 tariff, one and one-half percent (1
1/2%) per month or the maximum nonusurious rate of interest under
applicable law. Late payment charges shall be included on the next
statement.
7.3 Due Date. Payment is due 30 calendar days from the xxxx date.
--------
7.4 Audits. Either Party may conduct an audit of the other Party's books
------
and records pertaining to the Services provided under this Agreement,
no more frequently than once per twelve (12) month period, to evaluate
the other Party's accuracy of billing, data and invoicing in
accordance with this Agreement. Any audit shall be performed as
follows: (i) following at least thirty (30) Business Days' prior
written notice to the audited Party; (ii) subject to the reasonable
scheduling requirements and limitations of the audited Party: (iii) at
the auditing Party's sole cost and expense; (iv) of a reasonable scope
and duration; (v) in a manner so as not to interfere with the audited
Party's business operations; and (vi) in compliance with the audited
Party's security rules.
8. Binding Effect. This Agreement shall be binding on and inure to the
--------------
benefit of the respective successors and permitted assigns of the Parties.
III-3
9. Capacity Planning and Forecasting. Within thirty (30) days from the
---------------------------------
Effective Date of this Agreement, the Parties agree to meet and develop
joint planning and forecasting responsibilities which are applicable to
Local Services, including Features, Network Elements, INP, Interconnection
Services, Collocation, Poles, Conduits and Rights of Way (ROW). Such
responsibilities shall include but are not limited to the following:
(a) The Parties will establish periodic reviews of network and technology
plans and will make best efforts to notify one another at least six (6)
months in advance of changes that would impact either Party's provision of
services.
(b) XXX will furnish to GTE information that provides for state-wide
annual forecasts of order activity, in-service quantity forecasts, and
facility/demand forecasts.
(c) The Parties will develop joint forecasting responsibilities for
traffic utilization over trunk groups and yearly forecasted trunk
quantities.
(d) XXX shall notify GTE promptly of changes to current forecasts
(increase or decrease) that generate a shift in the demand curve for the
following forecasting period.
10. Compliance with Laws and Regulations. Each Party shall comply with all
------------------------------------
federal, state, and local statutes, regulations, rules, ordinances,
judicial decisions, and administrative rulings applicable to its
performance under this Agreement.
11. Confidential Information.
------------------------
11.1 Identification. Either Party may disclose to the other proprietary
--------------
or confidential customer, technical, or business information in
written, graphic, oral or other tangible or intangible forms
("Confidential Information"). In order for information to be
considered Confidential Information under this Agreement, it must be
marked "Confidential" or "Proprietary," or bear a marking of similar
import. Orally or visually disclosed information shall be deemed
Confidential Information only if contemporaneously identified as such
and reduced to writing and delivered to the other Party with a
statement or marking of confidentiality within thirty (30) calendar
days after oral or visual disclosure.
Notwithstanding the foregoing, preorders and all orders for Services
or network elements placed by XXX pursuant to this Agreement, and
information that would constitute customer proprietary network
information of XXX end user customers pursuant to the Act and the
rules and regulations of the FCC, as well as recorded usage
information with respect to XXX end users, whether disclosed by XXX
to GTE or otherwise acquired by GTE in the course of its performance
under this Agreement, and where GTE is the NANP Number Plan
Administrator, XXX information submitted to GTE in connection with
such responsibilities shall be deemed Confidential Information of XXX
for all purposes under this Agreement whether or not specifically
marked or designated as confidential or proprietary.
III-4
11.2 Handling. In order to protect such Confidential Information from
--------
improper disclosure, each Party agrees:
(a) That all Confidential Information shall be and shall remain the
exclusive property of the Party that disclosed the Confidential
Information ("Source");
(b) To limit access to such Confidential Information to authorized
employees who have a need to know the Confidential Information for
performance of this Agreement;
(c) To keep such Confidential Information confidential and to use
the same level of care to prevent disclosure or unauthorized use of
the received Confidential Information as it exercises in protecting
its own Confidential Information of a similar nature;
(d) Not to copy, publish, or disclose such Confidential Information
to others or authorize anyone else to copy, publish, or disclose such
Confidential Information to others without the prior written approval
of the Source;
(e) To return promptly any copies of such Confidential Information
to the Source at its request; and
(f) To use such Confidential Information only for purposes of
fulfilling work or services performed hereunder and for other
purposes only upon such terms as may be agreed upon between the
Parties in writing.
11.3 Exceptions. These obligations shall not apply to any Confidential
----------
Information that was legally in the recipient's possession prior to
receipt from the Source, was received in good faith from a Third
Party not subject to a confidential obligation to the Source, now is
or later becomes publicly known through no breach of confidential
obligation by the recipient, was developed by the recipient without
the developing persons having access to any of the Confidential
Information received in confidence from the Source, or that is
required to be disclosed pursuant to subpoena or other process issued
by a court or administrative agency having appropriate jurisdiction,
provided, however, that the recipient shall give prior notice to the
Source and shall reasonably cooperate if the Source deems it
necessary to seek protective arrangements.
11.4 Survival. The obligation of confidentiality and use with respect to
--------
Confidential Information disclosed by one Party to the other shall
survive any termination of this Agreement for a period of three (3)
years from the date of the initial disclosure of the Confidential
Information.
III-5
12. Consent. Where consent, approval, or mutual agreement is required of a
-------
Party, it shall not be unreasonably withheld or delayed.
13. Cooperation on Fraud Minimization. Each Party assumes responsibility for
---------------------------------
all fraud associated with its end user customers and accounts. Neither
Party shall have responsibility for, or be required to investigate or make
adjustments to the other Party's account in cases of fraud. The Parties
agree that they shall cooperate with one another to resolve cases of fraud.
The Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to the
other.
14. Dispute Resolution.
------------------
14.1 Alternative to Litigation. Except as provided under Section 252 of
-------------------------
the Act with respect to the approval of this Agreement by the
Commission, the Parties desire to resolve disputes arising out of or
relating to this Agreement without litigation. Accordingly, except
for action seeking a temporary restraining order or an injunction
related to the purposes of this Agreement, or suit to compel
compliance with this dispute resolution process, the Parties agree to
use the following alternative dispute resolution procedures as their
preferred remedy with respect to any controversy or claim arising out
of or relating to this Agreement or its breach; provided, however,
that in the event the negotiations referenced in Section 14.2 below do
not resolve the dispute within sixty (60) Business Days (or five (5)
Business Days as provided in Section 14.4) of the initial written
request, either Party may elect, before filing a claim or response in
arbitration (as the case may be) to submit an otherwise arbitrable
dispute to the Commission, the FCC, or a court of appropriate
jurisdiction.
14.2 Negotiations. At the written request of a Party, each Party will
------------
appoint a knowledgeable, responsible representative to meet and
negotiate in good faith to resolve any dispute arising out of or
relating to this Agreement. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives.
The location, format, frequency, duration, and conclusion of these
discussions shall be left to the discretion of the representatives.
Upon agreement, the representatives may utilize other alternative
dispute resolution procedures such as mediation to assist in the
negotiations. Discussions and correspondence among the
representatives for purposes of these negotiations shall be treated as
confidential information developed for purposes of settlement, exempt
from discovery, and shall not be admissible in the arbitration
described below or in any lawsuit without the concurrence of all
Parties. Documents identified in or provided with such
communications, which are not prepared for purposes of the
negotiations, are not so exempted and may, if otherwise discoverable,
be discovered or otherwise admissible, be admitted in evidence, in the
arbitration or lawsuit.
III-6
14.3 Arbitration. Subject to Section 14.1 above, if the negotiations do
-----------
not resolve the dispute within sixty (60) Business Days of the
initial written request, the dispute shall be submitted to binding
arbitration by a single arbitrator pursuant to the Commercial
Arbitration Rules of the American Arbitration Association except that
the Parties may select an arbitrator outside American Arbitration
Association rules upon mutual agreement. A Party may demand such
arbitration in accordance with the procedures set out in those rules.
Discovery shall be controlled by the arbitrator and shall be
permitted to the extent set out in this section. Each Party may
submit in writing to a Party, and that Party shall so respond to, a
maximum of any combination of thirty-five (35) (none of which may
have subparts) of the following: interrogatories, demands to produce
documents, or requests for admission. Each Party is also entitled to
take the oral deposition of one individual of another Party.
Additional discovery may be permitted upon mutual agreement of the
Parties. The arbitration hearing shall be commenced within sixty (60)
Business Days of the demand for arbitration. The arbitration shall be
held in a mutually agreeable city. The arbitrator shall control the
scheduling so as to process the matter expeditiously. The Parties may
submit written briefs. The arbitrator shall rule on the dispute by
issuing a written opinion within thirty (30) Business Days after the
close of hearings. The times specified in this section may be
extended upon mutual agreement of the Parties or by the arbitrator
upon a showing of good cause. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction.
14.4 Expedited Arbitration Procedures. If the issue to be resolved
--------------------------------
through the negotiations referenced in Section 14.2 directly and
materially affects service to either Party's end user customers, then
the period of resolution of the dispute through negotiations before
the dispute is to be submitted to binding arbitration or other legal
recourse as provided in Section 14.1 shall be five (5) Business Days.
Once such a service affecting dispute is submitted to arbitration,
the arbitration shall be conducted pursuant to the expedited
procedures rules of the Commercial Arbitration Rules of the American
Arbitration Association (i.e., rules 53 through 57).
14.5 Costs. Each Party shall bear its own costs of these procedures,
-----
including the costs of responding to reasonable discovery. If the
arbitrator finds that a Party's discovery requests require the
responding Party to undertake unreasonable or unnecessarily
burdensome efforts or expense, the Party seeking discovery shall
reimburse the responding Party the costs of production of documents
in response to such requests (including search time and reproduction
costs). The Parties shall equally split the fees of the arbitration
and the arbitrator.
14.6 Continuous Service. The Parties shall continue providing services to
------------------
each other during the pendency of any dispute resolution procedure,
and the Parties shall continue to perform their obligations
(including making payments in accordance with Article IV, Section 4)
in accordance with this Agreement.
III-7
15. Entire Agreement. This Agreement constitutes the entire agreement of the
----------------
Parties pertaining to the subject matter of this Agreement and supersedes
all prior agreements, negotiations, proposals, and representations, whether
written or oral, and all contemporaneous oral agreements, negotiations,
proposals, and representations concerning such subject matter. No
representations, understandings, agreements, or warranties, expressed or
implied, have been made or relied upon in the making of this Agreement
other than those specifically set forth herein.
16. Expenses. Except as specifically set out in this Agreement, each Party
--------
shall be solely responsible for its own expenses involved in all activities
related to the subject of this Agreement.
17. Force Majeure. In the event performance of this Agreement, or any
-------------
obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, earthquake or like
acts of God, wars, revolution, civil commotion, explosion, acts of public
enemy, embargo, acts of the government in its sovereign capacity, labor
difficulties, including without limitation, strikes, slowdowns, picketing,
or boycotts, unavailability of equipment from vendor through no fault of
the Party responsible for obtaining that equipment, changes requested by
Customer, or any other circumstances beyond the reasonable control and
without the fault or negligence of the Party affected, the Party affected,
upon giving prompt notice to the other party, shall be excused from such
performance on a day-to-day basis to the extent of such prevention,
restriction, or interference (and the other Party shall likewise be excused
from performance of its obligations on a day-to-day basis until the delay,
restriction or interference has ceased); provided however, that the Party
so affected shall use diligent efforts to avoid or remove such causes of
nonperformance and both Parties shall proceed whenever such causes are
removed or cease.
18. Good Faith Performance. In the performance of their obligations under this
----------------------
Agreement, the Parties shall act in good faith. In situations in which
notice, consent, approval or similar action by a Party is permitted or
required by any provision of this Agreement, such action shall not be
unreasonably delayed, withheld or conditioned. In addition, each Party
shall be responsible for labor relations with its own employees. As soon
as practicable, a Party experiencing labor difficulties with its employees
that either directly or indirectly are delaying or otherwise interfering
with that Party's timely performance under this Agreement shall notify the
other Party and shall minimize impairment of service to the other Party at
least to the same extent that the Party minimizes impairment of service to
its own end-user customers, affiliates, and other carriers.
19. Governing Law. This Agreement shall be governed by and construed in
-------------
accordance with the domestic laws of the state where the Services are
provided or the facilities reside.
20. Standard Practices. The Parties acknowledge that GTE shall be adopting some
------------------
industry standard approaches and/or establishing its own standard
approaches to various
III-8
requirements hereunder applicable to CLEC industry which may be added in
the Guide. XXX agrees that GTE may implement such approaches to satisfy any
GTE obligations under this Agreement, to the extent that these approaches
are otherwise consistent with this Agreement and the nondiscrimination
requirements of the Act. GTE will provide advanced notification to XXX of
any material changes in procedures contained in the Guide. Notification may
be accomplished via standard industry notification processes, GTE's
internet site, or other appropriate means. XXX may request to be included
on a standard electronic mail distribution list to be alerted to any
changes identified on GTE's internet site.
21. Headings. The headings in this Agreement are inserted for convenience and
--------
identification only and shall not be considered in the interpretation of
this Agreement.
22. Independent Contractor Relationship. The persons who implement this
-----------------------------------
Agreement on behalf of each Party shall be solely that Party's employees or
contractors and shall be under the sole and exclusive direction and control
of that Party. They shall not be considered employees or contractors of
the other Party for any purpose. Each Party shall remain an independent
contractor with respect to the other and shall be responsible for
compliance with all laws, rules and regulations involving, but not limited
to, employment of labor, hours of labor, health and safety, working
conditions and payment of wages. Each Party shall also be responsible for
payment of taxes, including federal, state and municipal taxes, chargeable
or assessed with respect to its employees, such as Social Security,
unemployment, workers' compensation, disability insurance, and federal and
state withholding. Each Party shall indemnify the other for any loss,
damage, liability, claim, demand, or penalty that may be sustained by
reason of its failure to comply with this provision.
23. Law Enforcement Interface.
-------------------------
23.1 Except to the extent not available in connection with GTE's operation
of its own business, GTE shall provide seven day a week/twenty-four
hour a day assistance to law enforcement persons for emergency traps,
assistance involving emergency traces and emergency information
retrieval on customer invoked CLASS services, including, without
limitation, call traces requested by XXX.
23.2 GTE agrees to work jointly with XXX in security matters to support
law enforcement agency requirements for taps, traces, court orders,
etc. Charges for providing such services for XXX Customers will be
billed to XXX.
23.3 GTE will, in non emergency situations, inform the requesting law
enforcement agencies that the end-user to be wire tapped, traced,
etc. is an XXX Customer and shall refer them to XXX.
24. Liability and Indemnity.
-----------------------
III-9
24.1 Indemnification. Subject to the limitations set forth in Section
---------------
24.4 of this Article III, each Party agrees to release, indemnify,
defend, and hold harmless the other Party from all losses, claims,
demands, damages, expenses, suits, or other actions, or any liability
whatsoever, including, but not limited to, costs and attorney's fees,
whether suffered, made, instituted, or asserted by any other party or
person, for invasion of privacy, personal injury to or death of any
person or persons, or for losses, damages, or destruction of
property, whether or not owned by others, proximately caused by the
indemnifying Party's negligence or willful misconduct, regardless of
form of action. The indemnified Party agrees to notify the other
Party promptly, in writing, of any written claims, lawsuits, or
demands for which it is claimed that the indemnifying Party is
responsible under this Section and to cooperate in every reasonable
way to facilitate defense or settlement of claims. The indemnifying
Party shall have complete control over defense of the case and over
the terms of any proposed settlement or compromise thereof. The
indemnifying Party shall not be liable under this Section for
settlement by the indemnified Party or any claim, lawsuit, or demand,
if the indemnifying Party has not approved the settlement in advance,
unless the indemnifying Party has had the defense of the claim,
lawsuit, or demand tendered to it in writing and has failed to assume
such defense. In the event of such failure to assume defense, the
indemnifying Party shall be liable for any reasonable settlement made
by the indemnified Party without approval of the indemnifying Party.
24.2 End User and Content-Related Claims. Each Party agrees to release,
-----------------------------------
indemnify, defend, and hold harmless the other Party, its affiliates,
and any third-party provider or operator of facilities involved in
the provision of Services, Unbundled Network Elements or Facilities
under this Agreement (collectively, the "Indemnified Party") from all
losses, claims, demands, damages, expenses, suits, or other actions,
or any liability whatsoever, including, but not limited to, costs and
attorney's fees, suffered, made, instituted, or asserted by either
Party's end users against an Indemnified Party arising from Services,
Unbundled Network Elements or Facilities. Each Party further agrees
to release, indemnify, defend, and hold harmless the Indemnified
Party from all losses, claims, demands, damages, expenses, suits, or
other actions, or any liability whatsoever, including, but not
limited to, costs and attorney's fees, suffered, made, instituted, or
asserted by any Third Party against an Indemnified Party arising from
or in any way related to actual or alleged defamation, libel,
slander, interference with or misappropriation of proprietary or
creative right, or any other injury to any person or property arising
out of content transmitted by the Indemnified Party or such Party's
end users, or any other act or omission of the Indemnified Party or
such Party's end users.
24.3 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS
----------
AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES TO
CUSTOMER CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, UNBUNDLED
NETWORK
III-10
ELEMENTS OR FACILITIES PROVIDED UNDER THIS AGREEMENT. PROVIDER
DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
24.4 Limitation of Liability. Each Party's liability, whether in
-----------------------
contract, tort or otherwise, shall be limited to direct damages,
which shall not exceed the monthly charges for the Services,
Unbundled Network Elements or facilities for the month during which
the claim of liability arose. Under no circumstance shall either
Party be responsible or liable for indirect, incidental, or
consequential damages, including, but not limited to, economic loss
or lost business or profits, damages arising from the use or
performance of equipment or software, or the loss of use of software
or equipment, or any accessories attached thereto, delay, error, or
loss of data. Should either Party provide advice, make
recommendations, or supply other analysis related to the Services,
unbundled network elements or facilities described in this Agreement,
this limitation of liability shall apply to provision of such advice,
recommendations, and analysis.
24.5 Intellectual Property. Neither Party shall have any obligation to
---------------------
defend, indemnify or hold harmless, or acquire any license or right
for the benefit of, or owe any other obligation or have any liability
to, the other based on or arising from any claim, demand, or
proceeding by any Third Party alleging or asserting that the use of
any circuit, apparatus, or system, or the use of any software, or the
performance of any service or method, or the provision or use of any
facilities by either Party under this Agreement constitutes direct or
contributory infringement, or misuse or misappropriation of any
patent, copyright, trademark, trade secret, or any other proprietary
or intellectual property right of any Third Party.
25. Multiple Counterparts. This Agreement may be executed in multiple
---------------------
counterparts, each of which shall be deemed an original, but all of which
shall together constitute but one and the same document.
26. No Offer. This Agreement will be effective only upon execution and
--------
delivery by both Parties and approval by the Commission in accordance with
Section 252 of the Act.
27. No Third Party Beneficiaries. Except as may be specifically set forth in
----------------------------
this Agreement, this Agreement does not provide and shall not be construed
to provide third parties with any remedy, claim, liability, reimbursement,
cause of action, or other right or privilege.
28. Notices. Any notice to a Party required or permitted under this Agreement
-------
shall be in writing and shall be deemed to have been received on the date
of service if served personally, on the date receipt is acknowledged in
writing by the recipient if delivered by regular U.S. mail, or on the date
stated on the receipt if delivered by certified or registered mail or by a
courier service that obtains a written receipt. Upon prior immediate oral
III-11
agreement of the parties' designated recipients identified below, notice
may also be provided by facsimile, internet or electronic messaging system,
which shall be effective if sent before 5:00 p.m., recipient's local time,
on that day, or if sent after 5:00 p.m., recipient's local time, it will be
effective on the next Business Day following the date sent. Any notice
shall be delivered using one of the alternatives mentioned in this section
and shall be directed to the applicable address indicated below or such
address as the Party to be notified has designated by giving notice in
compliance with this section:
If to GTE: GTE Northwest Incorporated
Attention: Assistant Vice President/Associate General
Counsel Service Corporation
000 Xxxxxx Xxxxx, HQEWMNOTICES
Xxxxxx, Xxxxx 00000
Telephone number: 972/000-0000
Facsimile number: 972/718-3404
And
GTE Northwest Incorporated
Attention: Director-Wholesale Contract Compliance
Network Services
000 Xxxxxx Xxxxx - XXXXXXXXXXXX
Xxxxxx, XX 00000
Telephone number: 972/000-0000
Facsimile number: 972/718-1519
If to XXX: Electric Lightwave, Inc.
Attention: Xxxxx XxXxxxx
Vice President, Government and External Affairs
0000 XX 00/xx/ Xxxxxx,
Xxxxxxxxx, XX
Telephone number: 000-000-0000
Facsimile number: 000-000-0000
29. Protection.
----------
29.1 Impairment of Service. The characteristics and methods of operation
---------------------
of any circuits, facilities or equipment of either Party connected
with the services, facilities or equipment of the other Party
pursuant to this Agreement shall not interfere with or impair service
over any facilities of the other Party, its affiliated companies, or
its connecting and concurring carriers involved in its services,
cause damage to their plant, violate any applicable law or regulation
regarding the invasion of privacy of any communications carried over
the Party's facilities or create hazards to the employees of either
Party or to the public (each hereinafter referred to as an
"Impairment of Service").
III-12
29.2 Resolution. If either Party causes an Impairment in Service, the
----------
Party whose network or service is being impaired (the "Impaired
Party") shall promptly notify the Party causing the Impairment of
Service (the "Impairing Party") of the nature and location of the
problem and that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment may
be required. The Impairing Party and the Impaired Party agree to work
together to attempt to promptly resolve the Impairment of Service. If
the Impairing Party is unable to promptly remedy the Impairment of
Service, then the Impaired Party may at its option temporarily
discontinue the use of the affected circuit, facility or equipment.
30. Publicity. Any news release, public announcement, advertising, or any form
---------
of publicity pertaining to this Agreement, provision of Services, Unbundled
Network Elements or Facilities pursuant to it, or association of the
Parties with respect to provision of the services described in this
Agreement, for promotional or other commercial purposes shall be subject to
prior written approval of both GTE and XXX.
31. Regulatory Agency Control. This Agreement shall at all times be subject to
-------------------------
changes, modifications, orders, and rulings by the Federal Communications
Commission and/or the applicable state utility regulatory commission to the
extent the substance of this Agreement is or becomes subject to the
jurisdiction of such agency.
32. Changes in Legal Requirements. GTE and XXX further agree that the terms
-----------------------------
and conditions of this Agreement were composed in order to effectuate the
legal requirements in effect at the time the Agreement was produced. Any
modifications to those requirements that subsequently may be prescribed by
final and effective action of any federal, state, or local governmental
authority will be deemed to automatically supersede any terms and
conditions of this Agreement. Notwithstanding this section, neither Party
waives any rights it otherwise has to dispute any action taken or not taken
by the other Party in reliance on this section 32.
33. Effective Date. This Agreement will be effective upon approval by the
--------------
Commission in accordance with Section 252 of the Act. If this Agreement or
changes or modifications thereto are subject to approval of a regulatory
agency, the "effective date" of this Agreement for such purposes will be
the date of such approval. Such date shall become the "effective date" of
this Agreement for all purposes, except that XXX shall not submit LSR
orders for resold services or unbundled network elements under the rates,
terms, and conditions of this Agreement before the tenth business day after
the effective date of the Agreement.
34. Regulatory Matters. Each Party shall be responsible for obtaining and
------------------
keeping in effect all their own FCC, state regulatory commission, franchise
authority and other regulatory approvals that may be required in connection
with the performance of its obligations under this Agreement.
III-13
35. Rule of Construction. No rule of construction requiring interpretation
--------------------
against the drafting party hereof shall apply in the interpretation of this
Agreement.
36. Section References. Except as otherwise specified, references within an
------------------
Article of this Agreement to a Section refer to Sections within that same
Article.
37. Service Standards.
-----------------
37.1 The Parties hereby acknowledge the exchange of Performance Measures
as described in Appendix 37A. The Performance Measures detail the
areas of performance to be tracked and reported in accordance with
the provision of services under the terms and conditions of this
Agreement. The results of these Performance Measures shall be used to
indicate the level of quality of service GTE provides to XXX. The
service quality standards included in Appendix 37A reflect the
standards that GTE currently makes available to all CLECs. By
agreeing to include those standards in Appendix 37A, XXX does not
agree that GTE's compliance with those standards necessarily
satisfies GTE's obligations under the Act or state law, and XXX
reserves the right to dispute whether the service quality GTE
provides to XXX complies with the Act or state law, regardless of
whether that service quality complies with the standards in Appendix
37A. GTE will make available to XXX, upon request to its GTE Account
Manager, the CLEC Aggregate report and the monthly XXX Profile report
with comparisons in performance compiled on a monthly, rolling three-
month and year-to-date basis. The monthly XXX Profile report will
provide XXX specific performance data.
37.2 Each Party may provide input to the Commission, the FCC, and various
telecommunications industry forums defining or establishing national
or state-specific standards for methods of quality measurement,
reporting, and remedies. The Parties agree that the Performance
Measures identified in Section 37.1 of this Article are provisional,
subject to expansion by GTE and evolution within the industry. The
Parties further agree that such Performance Measures are subject to
further modification by final and binding orders, rules, and
decisions of the Commission and/or FCC thereby defining or
establishing national or state-specific standards for methods of
quality measurement, reporting, and remedies.
37.3 Subsequent to GTE's adoption and system implementation of applicable
industry, Commission, or FCC standards, measurements, reporting, and
remedies, the Parties shall implement those new and/or modified
requirements as they continue to evolve. In doing so, the Parties
agree that the Performance Measures identified in Section 37.1 of
this Article shall be replaced in their entirety.
37.4 The Parties shall notify each other of any network events that can
result or have resulted in service interruption, blocked calls,
and/or changes in network performance. Such notification, however,
shall not relieve either Party of its obligations or responsibilities
under this Agreement or applicable law.
III-14
38. Severability. If any provision of this Agreement is held by a court or
------------
regulatory agency of competent jurisdiction to be unenforceable, the rest
of the Agreement shall remain in full force and effect and shall not be
affected unless removal of that provision results in a material change to
this Agreement. If a material change as described in this paragraph occurs
as a result of final and effective action by a court or regulatory agency,
the Parties shall negotiate in good faith for replacement language. If
replacement language cannot be agreed upon within a reasonable period,
either Party may terminate this Agreement without penalty or liability for
such termination upon written notice to the other Party. To the extent not
inconsistent with this section 38, the Parties' existing service
arrangements may continue without interruption under (a) a new agreement
voluntarily executed by the Parties; (b) standard terms and conditions
approved and made generally effective by the Commission, if any; (c) tariff
terms and conditions made generally available to all CLECs; or (d) any
rights under Section 252(i) of the Act.
39. Subcontractors. Provider may enter into subcontracts with third parties or
--------------
affiliates for the performance of any of Provider's duties or obligations
under this Agreement.
40. Subsequent Law. The terms and conditions of this Agreement shall be
--------------
subject to any and all applicable laws, rules, or regulations that
subsequently may be prescribed by final and effective action of any
federal, state or local governmental authority. To the extent required by
any such subsequently prescribed law, rule, or regulation, the Parties
agree to modify, in writing, the affected term(s) and condition(s) of this
Agreement to bring them into compliance with such law, rule, or regulation.
41. Taxes. Any federal, state or local taxes (excluding any taxes levied on
-----
income), fee, surcharge, or other tax-like charge imposed, or sought to be
imposed, on or with respect to the services provided under this Agreement
shall be borne by the Party upon which the obligation for payment is
imposed under applicable law, even if the obligation to collect and remit
such taxes is placed upon the other Party. The collecting Party shall
charge and collect from the obligated Party, and the obligated Party agrees
to pay to the collecting Party, all applicable taxes, except to the extent
that the obligated Party notifies the collecting Party and provides to the
collecting Party appropriate documentation that qualifies the obligated
Party for a full or partial exemption. Any such taxes shall be shown as
separate items on applicable billing documents between the Parties. The
obligated Party may contest the same in good faith, at its own expense, and
shall be entitled to the benefit of any refund or recovery, provided that
such Party shall not permit any lien to exist on any asset of the other
Party by reason of the contest. The collecting Party shall cooperate in
any such contest by the other Party. The other Party will indemnify the
collecting Party from any sales or use taxes that may be subsequently
levied on payments by the other Party by the collecting Party.
41.1 Tax - A charge which is statutorily imposed by the state or local
jurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the
purchaser and the seller is responsible for remitting
III-15
the charge(s) to the state or local jurisdiction or (b) imposed on
the purchaser with the seller having an obligation to collect the
charge(s) from the purchaser and remit the charge(s) to the state or
local jurisdiction.
Taxes shall include but not be limited to: federal excise tax,
state/local sales and use tax, state/local utility user tax,
state/local telecommunication excise tax, state/local gross receipts
tax, and local school taxes. Taxes shall not include income, income-
like, gross receipts on the revenue of a provider, or property taxes.
Taxes shall not include payroll withholding taxes unless specifically
required by statute or ordinance.
41.2 Fees/Regulatory Surcharges - A charge imposed by a regulatory
authority, other agency, or resulting from a contractual obligation,
in which the seller is responsible or required to collect the
fee/surcharge from the purchaser and the seller is responsible for
remitting the charge to the regulatory authority, other agency, or
contracting party.
Fees/Regulatory Surcharges shall include but not be limited to
E911/911, E311/311, franchise fees, Lifeline, universal service,
Telecommunications Relay Service, and Commission surcharges.
42. Trademarks and Trade Names. Except as specifically set out in this
--------------------------
Agreement, nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service marks, or
trade names of the other for any purpose whatsoever.
43. Waiver. The failure of either Party to insist upon the performance of any
------
provision of this Agreement, or to exercise any right or privilege granted
to it under this Agreement, shall not be construed as a waiver of such
provision or any provisions of this Agreement, and the same shall continue
in full force and effect.
44. Environmental Responsibility.
----------------------------
44.1 GTE and XXX agree to comply with applicable federal, state and local
environmental and safety laws and regulations including U.S.
Environmental Protection Agency (EPA) regulations issued under the
Clean Air Act, Clean Water Act, Resource Conservation and Recovery
Act, Comprehensive Environmental Response, Compensation and Liability
Act, Superfund Amendments and Reauthorization Act and the Toxic
Substances Control Act and OSHA regulations issued under the
Occupational Safety and Health Act of 1970 ("EH&S Laws"). Each Party
has the responsibility to notify the other if Compliance inspections
occur and/or citations are issued that impact any aspect of this
Agreement such as occurring on a LEC Facility or involving XXX
potential employee exposure.
III-16
44.2 GTE and XXX shall provide notice of known and recognized physical
hazards or hazardous chemicals that must include providing Material
Safety Data Sheets (MSDSs) for materials existing on site or brought
on site to the Facility. Each Party is required to provide specific
notice for potential imminent danger conditions which could include,
but is not limited to, a defective utility pole or significant
petroleum contamination in a manhole.
44.3 GTE will make available additional environmental control or safety
procedures for XXX to review and follow when working at a GTE
Facility. Providing these procedures, beyond government regulatory
Compliance requirements, is the decision of GTE. These
practices/procedures will represent the regular work practices
required to be followed by the employees and contractors of GTE for
safety and environmental protection.
44.4 Any materials brought, used or remaining at the Facility by XXX are
owned by XXX. XXX will indemnify GTE for these materials. No
substantial new safety or environmental hazards can be created or new
hazardous materials can be used at a GTE Facility. XXX must
demonstrate adequate emergency response capabilities for its
materials used or remaining at the GTE Facility.
44.5 If Third Party contamination is discovered at a GTE Facility, the
Party uncovering the condition must notify the proper safety or
environmental authorities, to the extent required under EH&S laws.
XXX will consult with GTE prior to making the notification, unless
the time required for prior consultation would preclude XXX from
complying with the applicable reporting requirement. XXX must also
notify GTE of Third Party contamination it discovers at GTE
facilities.
44.6 XXX should obtain and use its own environmental permits, approvals,
or identification numbers, to the extent such permits, approvals, or
identification numbers are required under applicable EH&S Laws. If
the relevant regulatory authority refuses to issue a separate permit,
approval, or identification number to XXX, then GTE's permit,
approval, or identification number may be used, and XXX must comply
with all of GTE's environmental practices/procedures relating to the
activity in question, including use of environmental "best management
practices (BMP)" and/or selection of disposition vendors and disposal
sites in accordance with GTE's selection criteria.
44.7 XXX visitors must comply with GTE security, fire safety, safety,
environmental and building practices/codes including equivalent
employee training when working in GTE facilities.
44.8 GTE and XXX shall coordinate plans or information required to be
submitted to government agencies, such as emergency response plans
and community reporting. If fees are associated with filing, GTE and
XXX must develop a cost sharing procedure.
III-17
44.9 Notwithstanding Section 23, with respect to environmental
responsibility under this Section 44, GTE and XXX shall indemnify,
defend and hold harmless the other party from and against any claims
(including, without limitation, Third Party claims for personal
injury or real or personal property damage), judgments, damages
(including direct and indirect damage, and punitive damages),
penalties, fines, forfeitures, cost, liabilities, interest and losses
proximately caused by the indemnifying Party's negligent or willful
misconduct regardless of form, or in connection with the violation or
alleged violation of any applicable requirement with respect to the
presence or alleged presence of contamination arising out of the
indemnifying party's acts or omissions concerning its operations at
the Facility.
44.10 Activities impacting safety or the environment of a Right of Way must
be harmonized with the specific agreement and the relationship
between GTE and the private land owner. This could include
limitations on equipment access due to environmental conditions
(e.g., wetland area with equipment restrictions).
45. TBD Prices. Numerous provisions in this Agreement and its Attachments
----------
refer to pricing principles. If a provision references prices in an
Attachment and there are no corresponding prices in such Attachment, such
price shall be considered "To Be Determined" ("TBD"). With respect to all
TBD prices, prior to XXX ordering any such TBD item, the Parties shall meet
and confer to establish a price. If the Parties are unable to reach
agreement on a price for such item, an interim price shall be set for such
item that is equal to the price for the nearest analogous item for which a
price has been established (for example, if there is not an established
price for a non recurring charge ("NRC") for a specific network element,
the Parties would use the NRC for the most analogous retail service for
which there is an established price). Any interim prices so set shall be
subject to modification by any subsequent decision of the Commission. If
an interim price is different from the rate subsequently established by the
Commission, any underpayment shall be paid by XXX to GTE, and any
overpayment shall be refunded by GTE to XXX, within 45 Business Days after
the establishment of the price by the Commission.
46. Amendment of Certain Rates, Terms, and Conditions. The rates, terms, and
-------------------------------------------------
conditions in this Agreement that are specified in Attachment 46A (the
"AT&T Terms") were taken from the GTE/ AT&T Interconnection, Resale and
Unbundling Agreement (the AT&T Agreement) approved by the Commission in
Order No. 99-028 in Docket No. ARB 5. The rates, terms, and conditions not
included in this Agreement but referenced in Attachment 00X (xxx "XXX
Xxxxx") were excluded from the AT&T Agreement by the Commission in Docket
No. ARB 5. GTE and XXX agree that if the "AT&T Terms" are deemed to be
unlawful, or are stayed, enjoined or otherwise modified, in whole or in
part, by a court or commission of competent jurisdiction, then this
Agreement shall be deemed to have been amended accordingly, by modification
of the "AT&T Terms" or, as appropriate, the substitution of "GTE Terms" for
all stayed and enjoined "AT&T Terms",
III-18
and such amendments shall be effective retroactive to the Effective Date of
this Agreement.
GTE and XXX further agree that the terms and conditions of this Agreement
reflect certain requirements of the FCC's First Report and Order in CC
Docket No. 96-98. The terms and conditions of this Agreement shall be
subject to any and all actions by any court or other governmental authority
that invalidate, stay, vacate or otherwise modify or reinstate the FCC's
First Report and Order, in whole or in part ("Action"). To the extent
warranted by any such Action, the Parties agree that this Agreement shall
be deemed to have been modified accordingly as in the first paragraph of
this Section 46. The Parties agree to immediately apply any affected terms
and conditions, including any in other sections and articles of this
Agreement, consistent with such Action, and within a reasonable time
incorporate such modified terms and conditions in writing into the
Agreement. If the "AT&T Terms" are affected by such Action and they cannot
be applied in a manner consistent with that Action, the "GTE Terms" shall
apply. XXX acknowledges that GTE may seek to enforce such Action before a
commission or court of competent jurisdiction. GTE does not waive any
position regarding the illegality or inappropriateness of the FCC's First
Report and Order.
The rates, terms and conditions (including rates which may be applicable
under true-up) specified in both the "GTE Terms" and the "AT&T Terms" are
further subject to amendment to provide for charges or rate adjustments
resulting from future Commission or other proceedings, including but not
limited to any generic proceeding to determine GTE's unrecovered costs
(e.g., historic costs, contribution, undepreciated reserve deficiency, or
similar unrecovered GTE costs (including GTE's end user surcharge), the
establishment of a competitively neutral universal service system, or any
appeal or other litigation. Any amendment to the "AT&T Terms" required as
a result of any final Commission and/or court order resolving the appeal
of, or other litigation over, the interconnection agreement from which the
"AT&T Terms" are derived, shall be incorporated into this Agreement
according to the terms of that final order, including any retroactive
application of that amendment. The results of any future Commission or
other proceedings shall be incorporated into this Agreement according to
the terms of the final Commission and/or court order resolving that
proceeding, including any retroactive application of those results.
If the Commission (or any other commission or federal or state court) in
reviewing this Agreement pursuant to applicable state and federal laws,
including Section 252(e) of the Telecommunications Act of 1996, deletes or
modifies in any way this Section 46, this entire Agreement is void and will
not become effective, and the Parties agree to withdraw this Agreement from
consideration by the Commission (or any other commission or federal or
state court). If this Agreement is voided by operation of this provision,
the Parties agree to immediately begin negotiations for a new agreement,
and to treat the date that this Agreement became void as the one hundredth
(100th) calendar day from GTE's receipt of a renewed request for
negotiations by XXX for negotiations under Section 252 of the Act.
III-19
ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS
1. General. General regulations, terms and conditions governing rate
-------
applications, technical parameters, service availability, definitions and
feature interactions, as described in the appropriate GTE intrastate local,
toll and access tariffs, apply to retail services made available by GTE to
XXX for resale and unbundled network elements provided by GTE to XXX, when
appropriate, unless otherwise specified in this Agreement. As applied to
services or network elements offered under this Agreement, the term
"Customer" contained in the GTE Retail Tariff shall be deemed to mean "XXX"
as defined in this Agreement.
2. Liability of GTE.
----------------
2.1 Inapplicability of Tariff Liability. GTE's general liability, as
-----------------------------------
described in the GTE Retail Tariff, does not extend to ELI's customers
or any other Third Party. Liability of GTE to XXX resulting from any
and all causes arising out of services, facilities, network elements
or any other items relating to this Agreement shall be governed by the
liability provisions contained in this Agreement and no other
liability whatsoever shall attach to GTE. GTE shall be liable for the
individual services, facilities or elements that it separately
provides to XXX and shall not be liable for the integration of
components combined by XXX.
2.2 XXX Tariffs or Contracts. GTE shall not be liable to ELI's end users
------------------------
or any third parties for any indirect, special or consequential
damages, including, but not limited to, economic loss or lost business
or profits, whether foreseeable or not, and regardless of notification
by XXX of the possibility of such damages and XXX shall indemnify and
hold GTE harmless from any and all claims, demands, causes of action
and liabilities based on any reason whatsoever from its customers as
provided in this Agreement. Nothing in this Agreement shall be deemed
to create a Third Party beneficiary relationship with ELI's end users.
To the extent practicable, XXX will include a provision in its
tariffs, price lists, or contracts for services provided to end-users
so limiting the liability of other LECs, like GTE, that provide
underlying services, facilities, or network elements.
2.3 No Liability for Errors. GTE is liable for mistakes that appear in
-----------------------
GTE's listings, 911 and other information databases, or for incorrect
referrals of end users to XXX for any ongoing XXX service, sales, or
repair inquiries only to the extent that GTE would be liable to its
own end-user or other carrier customers under similar circumstances.
With respect to mistakes or incorrect referrals for which GTE would
not otherwise be liable, XXX shall indemnify and hold GTE harmless
from any and all claims, demands, causes of action and liabilities
whatsoever, including costs, expenses and reasonable attorney's fees
incurred on account thereof, by
IV-1
third parties, including ELI's end users or employees. For purposes of
the indemnity provided in this Section 2.3, mistakes and incorrect
referrals for which GTE would not otherwise be liable shall not
include matters arising out of the willful misconduct of GTE or its
employees or agents.
3. Unauthorized Changes.
--------------------
3.1 Procedures. If XXX submits an order for resold services or unbundled
----------
elements under this Agreement in order to provide service to an end
user that at the time the order is submitted is obtaining its local
services from GTE or another LEC using GTE resold services or
unbundled elements, and the end user notifies GTE that the end user
did not authorize XXX to provide local exchange services to the end
user, XXX must provide GTE with confirmation in an industry-acceptable
format of authorization from that end user within thirty (30) Business
Days of notification by GTE. If XXX cannot provide such confirmation
of authorization within such time frame, XXX must within three (3)
Business Days thereafter:
(a) notify GTE to change the end user back to the LEC providing
service to the end user before the change to XXX was made; and
(b) provide any end user information and billing records XXX has
obtained relating to the end user to the LEC previously serving the
end user; and
(c) notify the end user and GTE that the change back to the previous
LEC has been made.
Furthermore, GTE will xxxx XXX fifty dollars ($50.00) per affected line to
compensate GTE for switching the end user back to the original LEC.
4. Impact of Payment of Charges on Service. XXX is solely responsible for
---------------------------------------
the payment of all charges for all services, facilities and elements
furnished under this Agreement, including, but not limited to, calls
originated or accepted at its or its end users' service locations. If XXX
fails to pay when due any and all charges billed to XXX under this
Agreement, including any late payment charges (collectively, "Unpaid
Charges"), and any or all such charges remain unpaid more than forty-five
(45) Business Days after the due date of such Unpaid Charges excepting
previously disputed charges for which XXX may withhold payment, GTE shall
notify XXX in writing that it must pay all Unpaid Charges to GTE within
seven (7) Business Days. If XXX disputes the billed charges, it shall,
within said seven (7) day period, inform GTE in writing of which portion of
the Unpaid Charges it disputes, including the specific details and reasons
for the dispute, unless such reasons have been previously provided, and
shall immediately pay to GTE all undisputed charges. If XXX and GTE are
unable, within thirty (30) Business Days thereafter, to resolve issues
related to the disputed charges, then either XXX or GTE may file a request
for arbitration under Article III of this Agreement to resolve those
issues. Upon resolution of any dispute hereunder, if XXX owes payment it
shall make such
IV-2
payment to GTE with any late payment charge under Article III, Section 7.2,
from the original payment due date. If XXX owes no payment, but has
previously paid GTE such disputed payment, then GTE shall credit such
payment including any late payment charges. GTE may discontinue service to
XXX upon failure to pay undisputed charges as provided in this Section 4,
and shall have no liability to XXX or ELI's end users in the event of such
disconnection.
5. Unlawful Use of Service. Services, facilities or unbundled elements
-----------------------
provided by GTE pursuant to this Agreement shall not be used by XXX or its
end users for any purpose in violation of law. XXX, and not GTE, shall be
responsible to ensure that XXX and its end users' use of services,
facilities or unbundled elements provided hereunder comply at all times
with all applicable laws. GTE may refuse to furnish service to XXX or may
disconnect particular services, facilities or unbundled elements provided
under this Agreement to XXX or, as appropriate, ELI's end user when (i) an
order is issued by a court of competent jurisdiction finding that probable
cause exists to believe that the use made or to be made of the service,
facilities or unbundled elements is prohibited by law or (ii) GTE is
notified in writing by a law enforcement agency acting within its
jurisdiction that any facility furnished by GTE is being used or will be
used for the purpose of transmitting or receiving gambling information in
interstate or foreign commerce in violation of law. Termination of service
shall take place after reasonable notice is provided to XXX, or as ordered
by the court. If facilities have been physically disconnected by law
enforcement officials at the premises where located, and if there is not
presented to GTE the written finding of a court, then upon request of XXX
and agreement to pay restoral of service charges and other applicable
service charges, GTE shall promptly restore such service.
6. Timing of Messages. With respect to GTE resold measured rate local
------------------
service(s), chargeable time begins when a connection is established between
the calling station and the called station. Chargeable time ends when the
network connection is released by the switch. Timing of messages
applicable to GTE's Port and Local Switching element (usage sensitive
services) will be recorded based on originating and terminating access.
7. Procedures For Preordering, Ordering, Provisioning, Etc. Certain
--------------------------------------------------------
procedures for preordering, ordering, provisioning, maintenance and billing
and electronic interfaces to access operational support systems for many of
these functions are described in Appendix H.
----------
8. Letter of Authorization.
-----------------------
8.1 Customer Proprietary Network Information. GTE will not release the
----------------------------------------
Customer Service Record ("CSR") containing Customer Proprietary
Network Information ("CPNI") to XXX on GTE end user customer accounts
unless XXX first provides to GTE a written Letter of Authorization
("LOA"), signed by the end user customer, authorizing the release of
such information to XXX, or if state or federal law provides
otherwise, in accordance with such law.
IV-3
8.2 Order Processing. An LOA will be required before GTE will process an
----------------
order for Services provided in cases in which the subscriber currently
receives Exchange Service from GTE or from a local service provider
other than XXX. Such LOA may be a blanket LOA or such other form as
agreed upon between GTE and XXX.
9. Customer Contacts. Except as otherwise provided in this Agreement or as
-----------------
agreed to in a separate writing by ELI, ELI shall provide the exclusive
interface with ELI's end user customers in connection with the marketing or
offering of XXX services. Except as otherwise provided in this Agreement,
in those instances in which GTE personnel are required pursuant to this
Agreement to interface directly with ELI's end users, such personnel shall
not identify themselves as representing GTE. All forms, business cards or
other business materials furnished by GTE to XXX end users shall bear no
corporate name, logo, trademark or trade name other than ELI's. In no
event shall GTE personnel acting on behalf of XXX pursuant to this
Agreement provide information to XXX end users about GTE products or
services.
IV-4
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
1. Services Covered by This Article.
--------------------------------
1.1 Types of Services. This Article governs the provision of
-----------------
interconnection services and facilities, meet point billing by GTE to
XXX or by XXX to GTE and the transport and termination and billing of
Local, IntraLATA Toll, optional EAS traffic and jointly provided
Interexchange Carrier Access between GTE and XXX. The services and
facilities described in this Article shall be referred to in this
Article V as the "Services."
2. Billing and Rates.
-----------------
2.1 Rates and Charges. Customer agrees to pay to Provider the rates and
-----------------
charges for the Services set forth in the applicable appendices to
this Agreement. GTE's rates and charges are set forth in Appendix C
----------
attached to this Agreement and made a part hereof. ELI's separate
rates and charges are also set forth in Appendix C attached hereto and
----------
made a part hereof.
2.2 Billing. Provider shall render to Customer a xxxx for interconnection
-------
services on a current basis. Charges for physical facilities and
other nonusage sensitive charges shall be billed in advance, except
for charges and credits associated with the initial or final bills.
Usage sensitive charges, such as charges for termination of Local
Traffic, shall be billed in arrears. Charges for traffic that has
been routed over a jurisdictionally inappropriate trunk group (e.g.,
local traffic carried over trunks used for Switched Access Traffic)
may be adjusted to reflect the appropriate compensation arrangement
and may be handled as a post-billing adjustment to bills rendered.
Additional matters relating to ordering, provisioning, and billing are
included in Appendix H attached to this Agreement and made a part
----------
hereof.
2.3 Billing Specifications. The Parties agree that billing requirements
----------------------
and outputs will be consistent with the Bellcore Output Specifications
("BOS").
2.3.1 Usage Measurement. Usage measurement for calls shall begin
-----------------
when answer supervision or equivalent SS7 message is received
from the terminating office and shall end at the time of call
disconnect by the calling or called subscriber, including time
released call disconnect.
2.3.2 Minutes of Use. Minutes of use ("MOU"), or fractions thereof,
--------------
shall not be rounded upward on a per-call basis, but will be
accumulated over the billing period. At the end of the billing
period, any remaining fraction shall be rounded up to the
nearest whole minute to arrive at total billable
V-1
minutes for each interconnection. MOU shall be collected and
measured in minutes, seconds, and tenths of seconds.
2.4 Billing Disputes. Disputes arising out of services and facilities
----------------
provided pursuant to this Article shall be resolved according to the
procedures established in Section 7.1 of Article III of this
Agreement.
3. Transport and Termination of Traffic.
------------------------------------
3.1 Traffic to be Exchanged. The Parties shall reciprocally terminate
-----------------------
Local, IntraLATA Toll, optional EAS, and jointly provided
Interexchange Carrier Traffic originating on each other's networks
utilizing either Direct or Indirect Network Interconnections as
provided in Section 4 or Section 5 of this Article. To this end, the
Parties agree that there will be interoperability between their
networks. The Parties agree to exchange traffic associated with third
party LECs, CLECs and Wireless Service Providers pursuant to the
compensation arrangement specified in Section 3.3 of this Article.
Only traffic originated by and/or terminated to a Party's or the
Parties' end user customer(s) is to be exchanged. In addition, the
Parties will notify each other of any anticipated change in traffic to
be exchanged (e.g., traffic type, volume).
3.2 Compensation For Exchange Of Traffic.
------------------------------------
3.2.1 Mutual Compensation. The Parties shall compensate each other
-------------------
for the exchange of Local Traffic at the reciprocal rates
established in Appendix C. For purposes of this Agreement, GTE
shall compensate XXX at the tandem rate for terminating all
Local Traffic GTE delivers to XXX for termination; provided,
however, that GTE shall compensate XXX at the end office rate
until such time as 47 C.F.R (S) 51.711(a)(3) is reinstated. XXX
shall compensate GTE at the tandem rate for terminating Local
Traffic XXX delivers to GTE at a GTE tandem, and at the end
office rate for Local Traffic XXX delivers to GTE at a GTE end
office. Charges for the transport and termination of non-Local
Traffic, including optional EAS, intraLATA toll, and
interexchange traffic, shall be in accordance with the Parties'
respective intrastate or interstate access tariffs or price
lists, as appropriate.
3.2.2 Xxxx-and-Keep. Either Party may request that a joint traffic
-------------
study be performed no more frequently than once a quarter.
Should such traffic study indicate, in the aggregate, that
neither Party is terminating more than 60 percent of the
Parties' total terminated minutes for Local Traffic (referred
to as "Traffic Balance"), the Parties shall use a Xxxx-and-Keep
Arrangement with respect to termination of Local Traffic only,
which shall be implemented on the next billing cycle at least
ten (10) business days following notification by either Party
that Traffic Balance exists. Either Party may request a
subsequent traffic study no more frequently than once
V-2
every six months, and if such a study indicates, in the
aggregate, that either Party is terminating more than 60
percent of the Parties' total terminated minutes for Local
Traffic, either Party may notify the other that mutual
compensation as described in Section 3.2.1 shall resume on the
next billing cycle at least ten (10) business days following
that notification. Nothing in this Section 3.2.2 shall be
interpreted to (i) change compensation set forth in this
Agreement for traffic or services other than Local Traffic,
including but not limited to interconnection facilities, access
traffic or wireless traffic, or (ii) allow either Party to
aggregate traffic other than Local Traffic for the purpose of
compensation under the Xxxx-and-Keep Arrangement described in
this Section 3.2.2, except as set forth in Section 3.1 above.
3.3 Tandem and Transit Switching Traffic. GTE shall provide tandem
------------------------------------
switching for traffic between GTE end offices subtending its tandems
("tandem switching"), as well as for traffic between ELI's end users
and any Third Party that is interconnected to GTE's tandems ("transit
tandem switching"), and XXX shall provide switching between GTE's end
users and any Third Party that is directly interconnected with ELI's
switch(es) ("transit switching"), as follows:
3.3.1 The originating Party will compensate the tandem/transit
switching Party for each minute of originated tandem/transit
switched traffic that terminates to a Third Party (e.g., other
CLEC, ILEC, or wireless service provider). The applicable rate
for this charge is identified in Appendix C.
----------
3.3.2 The originating Party also assumes responsibility for
compensation to the company that terminates the call.
3.3.3 The Parties agree to enter into their own agreements with Third
Parties. In the event that either Party sends traffic through
the other Party's network to a Third Party with whom the
originating Party does not have a traffic interexchange
agreement, the originating Party agrees to indemnify the
transiting Party for any termination charges rendered by the
Third Party for such traffic.
3.4 Inter-Tandem Switching. The Parties will only use inter-tandem
----------------------
switching for the transport and termination of intraLATA toll traffic
(including optional EAS) originating on each other's network at and
after such time as XXX has agreed to and fully implemented an existing
intraLATA toll compensation mechanism such as IntraLATA Terminating
Access Compensation (ITAC) or a functional equivalent thereof. The
Parties will only use inter-tandem switching for the transport and
termination of Local Traffic originating on each other's network at
and after such time as the Parties have agreed to and fully
implemented generally accepted industry signaling standards and AMA
record standards which shall support the recognition of multiple
tandem switching events.
V-3
3.5 IntraLATA Toll Compensation Plan. If XXX becomes an active
--------------------------------
participant in an existing industry intraLATA toll compensation plan,
and GTE is also a participant in that plan, the Parties agree to use
that compensation plan, instead of other processes that may be
specified in this Article V, as the billing processes for switched
access charges for intraLATA toll traffic. This includes intraLATA
toll traffic exchanged between the Parties, as well as intraLATA toll
traffic originated by one Party that transits the other Party's
network to terminate to a third party. Until such time as the Parties
have the capability to indentify, measure, and adjust billing records
for this traffic when it is routed over a combined trunk group, the
Parties agree to use a separate dedicated trunk group for this
traffic.
4. Direct Network Interconnection.
------------------------------
4.1 Network Interconnection Architecture. XXX may interconnect with GTE
------------------------------------
at any of the Currently Available points required by the FCC or the
Commission. XXX may request, and GTE shall consider, interconnection
at additional points on an individual case basis. Interconnection
will be as specified in the following subsections. The installation
timeline may vary based on the configuration, but GTE will work with
XXX in all circumstances to install "IPs" within 120 calendar days
absent extenuating circumstances. Network interconnection and
protocol must be based on industry standards developed consistent with
the Act and applicable FCC or State requirements.
4.1.1 Subject to mutual agreement, the Parties may use the following
types of network facility interconnection, using such interface
media as are appropriate to support the type of interconnection
requested.
(a) A Mid-Span Fiber Meet within an existing GTE exchange
area whereby the Parties mutually agree to jointly plan and
engineer their facility "IP" at a designated manhole or
junction location. The "IP" is the demarcation between
ownership of the fiber transmission facility. Each party is
individually responsible for its incurred costs in establishing
this arrangement.
(b) A Virtual or Physical EIS arrangement at a GTE wire
center subject to the rates, terms, and conditions contained in
Article IX of this Agreement and GTE's applicable tariffs.
(c) A Special Access arrangement and/or CLEC Dedicated
Transport arrangement terminating at a GTE wire center subject
to the rates, terms, and conditions contained in GTE's
applicable tariffs. These facilities will meet the standards
set forth in such tariffs.
V-4
4.1.2 Virtual and Physical EIS arrangements are governed by
appropriate GTE tariffs, except as provided in Article IX,
Section 1.3.
4.2 Compensation. Unless the Parties otherwise mutually agree, the
------------
Parties agree to the following compensation for interconnection
facilities, depending on facility type.
4.2.1 Mid-Span Fiber Meet: GTE will charge special access (flat
rated) transport from the applicable intrastate access tariff
and will rate charges between the "IP" and GTE's
interconnection switch. Charges will be reduced to reflect the
proportionate share of the facility that is used for transport
of traffic originated by GTE. The initial proportionate share
factor for facilities shall be negotiated by the Parties and
updated quarterly in like manner or as the Parties otherwise
agree. XXX will charge flat rated transport to GTE for XXX
facilities used by GTE at the rates in ELI's tariff or price
list, or as mutually agreed. XXX will apply charges based on
the lesser of: (i) the airline mileage from the "IP" to the XXX
switch; or (ii) the airline mileage from the GTE switch to the
serving area boundary.
4.2.2 Collocation: GTE will charge Virtual or Physical EIS rates from
the applicable GTE tariff. Charges for EIS cross-connect
facilities used to connect ELI's collocated equipment with
GTE's switch will be reduced to reflect the proportionate share
of the facility that is used for transport of traffic
originated by GTE. XXX will charge GTE flat rated transport at
the rates in ELI's tariff or price list, or as mutually agreed,
to reflect the proportionate share of the facility that is used
for transport of traffic originated by GTE. XXX will apply
charges based on the lesser of: (i) the airline mileage from
the "IP" to the XXX switch; or (ii) two (2) times the airline
mileage from the GTE switch to the serving area boundary.
4.2.3 Special Access and/or CLEC Dedicated Transport: GTE will charge
special access and/or switched access rates from the applicable
GTE intrastate access tariff. Charges will be reduced to
reflect the proportionate share of the facility that is used
for transport of traffic originated by GTE. The Parties will
negotiate an initial factor representative of the proportionate
share of the facilities. This factor will be updated quarterly
in like manner or as the Parties otherwise agree.
4.3 Trunking Requirements.
---------------------
4.3.1 The Parties shall establish and maintain trunks over which each
Party shall terminate to its end users the Exchange Services,
Local Traffic and intraLATA toll or optional EAS traffic
originated by the end users of the other Party.
V-5
4.3.2 The Parties agree to establish trunk groups of sufficient
capacity from the interconnecting facilities such that trunking
is available to any switching center designated by either
Party, including end offices, tandems, 911 routing switches,
and directory assistance/operator service switches. The Parties
will mutually agree where one-way or two-way trunking will be
available. The Parties may use two-way trunks for delivery of
local traffic or either Party may elect to provision its own
one-way trunks for delivery of local traffic to the other
Party. If a Party elects to provision its own one-way trunks,
that Party will be responsible for its own expenses associated
with the trunks.
4.3.3 XXX and GTE shall, where applicable, make reciprocally
available, by mutual agreement, the required trunk groups to
handle different traffic types. XXX and GTE will support the
provisioning of trunk groups that carry combined or separate
Local Traffic and intraLATA toll and optional EAS traffic. The
Parties shall establish and maintain separate trunk groups for
the following: (1) to originate and terminate interLATA calls
when either Party is acting as an IXC and ordering switched
access service from the other Party; (2) to provide joint
Switched Access Service to IXCs; and (3) for other types of
traffic as the Parties mutually agree. To the extent XXX
desires to have any IXC originate or terminate traffic to XXX
using jointly provided switched access facilities routed
through a GTE tandem, it is the responsibility of XXX to
arrange for such IXC to issue an ASR to GTE to direct GTE to
route the traffic. If GTE does not receive an ASR from the IXC,
GTE will initially route the switched access traffic between
the IXC and XXX. If the IXC subsequently indicates that it does
not want the traffic routed to or from XXX, GTE will not route
the traffic to or from XXX.
4.3.3.1 Each Party agrees to route traffic only over the
proper jurisdictional trunk group.
4.3.3.2 Each Party shall only deliver traffic over the local
interconnection trunk groups to the other Party's
tandem or switch performing a tandem function for
those publicly-dialable NXX Codes served by end
offices that directly subtend the tandem or switch or
to those LECs or wireless service providers that
directly subtend the tandem or switch.
4.3.3.3 Neither Party shall route Switched Access Service
traffic over local interconnection trunks. Neither
Party shall route local traffic over Switched Access
Service trunks, except, and only to the extent
necessary, to remedy, avoid, or relieve significant
traffic blockage occurring on the proper
jurisdictional trunk group.
V-6
4.3.4 XXX and GTE will reciprocally provide Percent Local Usage
("PLU") factors to each other on a quarterly basis to identify
the proper jurisdiction of each call type that is carried over
the required trunks. If either Party does not provide to the
other Party an updated PLU, the previous PLU will be utilized.
The Parties agree to the initial PLU factor as set forth in
Appendix C.
4.3.5 Reciprocal traffic exchange arrangement trunk connections shall
be made at a DS-1 or multiple XX-0 xxxxx, XX-0, (SONET where
technically available) and shall be jointly-engineered and
maintained to an objective P.01 grade of service.
4.3.6 XXX and GTE agree to use diligent efforts to develop and agree
on a Joint Interconnection Grooming Plan prescribing standards
to ensure that the reciprocal traffic exchange arrangement
trunk groups are maintained at consistent P.01 or better grades
of service. Such plan shall also include mutually-agreed upon
default standards for the configuration of all segregated trunk
groups.
4.3.7 Signaling System 7 ("SS7") Common Channel Signaling will be
used to the extent that such technology is available. If SS7 is
not available, Multi-Frequency Signaling ("MF") will be used as
specified.
4.3.8 The Parties agree to offer and provide to each other B8ZS
Extended Superframe Format ("ESF") facilities, where available,
capable of voice and data traffic transmission.
4.3.9 The Parties will support intercompany 64kbps clear channel
where available.
4.3.10 Orders between the Parties to establish, add, change, or
disconnect trunks shall be processed by use of an Access
Service Request ("ASR"), or another industry standard
eventually adopted to replace the ASR for local service
ordering as referenced in Appendix H.
4.3.11 The Parties will work together to establish high usage end-
office trunk groups sufficient to handle the greater of the
actual or reasonably forecasted traffic volumes between XXX and
a GTE end office.
4.4 Network Redesigns Initiated by GTE. GTE will not charge XXX when GTE
----------------------------------
initiates its own network redesigns/reconfigurations, but GTE shall
make best efforts to notify XXX of any GTE network
redesigns/reconfigurations that will affect ELI's facilities
sufficiently in advance to enable XXX to accommodate such network
redesign/reconfiguration. The Parties shall coordinate deployment and
V-7
accommodation of any such network redesigns/reconfigurations to avoid
or minimize disruption in services provided to their end users.
4.5 Calling Scopes for Tandem and End Office Interconnection.
--------------------------------------------------------
4.5.1 GTE Tandem Interconnection calling scope (originating and
terminating) is to those GTE end offices which subtend the GTE
tandem to which the connection is made except as provided for
in Section 3.3 of this Article.
4.5.2 GTE End Office Interconnection calling scope (originating and
terminating) is only to the end office to which the connection
is made and its remotes.
4.6 Trunk Forecasting.
-----------------
4.6.1 The Parties will work towards the development of joint
forecasting of trunk groups. GTE shall share with XXX the
applicable information necessary to facilitate the Parties'
joint planning and forecasing efforts. Intercompany forecast
information must be provided by the Parties to each other twice
a year. The semi-annual forecasts will include:
(1) yearly forecasted trunk quantities for no less than a two-
year period (current year, plus one year); and
(2) the use of (i) CLCI-MSG codes, which are described in
Bellcore document BR 000-000-000; (ii) circuit identifier codes
as described in BR 000-000-000; and (iii) Trunk Group Serial
Number (TGSN) as described in BR 000-000-000.
4.6.2 Description of major network projects that affect the other
Party will be provided with the semi-annual forecasts provided
pursuant to Section 4.6.1. Major network projects include but
are not limited to trunking or network rearrangements, shifts
in anticipated traffic patterns, or other activities by either
Party that are reflected by a significant increase or decrease
in trunking demand for the following forecasting period.
4.6.3 GTE and XXX will work together to begin providing these
forecasts within thirty (30) days after the effective date of
this Agreement. New trunk groups will be implemented as
dictated by engineering requirements for either Party.
4.6.4 The Parties will meet to review and reconcile their forecasts
if their respective forecasts differ significantly from one
another.
V-8
4.7 Trunk Facility Underutilization. At least once a year the Parties
-------------------------------
shall exchange trunk group measurement reports for trunk groups
terminating to the other Party's network. In addition and from time
to time, each Party will determine the required trunks for each of the
other Party's trunk groups from the previous 12 months servicing data.
Required trunks will be based on an objective P.01 grade of service or
the Joint Interconnection Grooming Plan referenced in Section 4.3.6
above. Likewise, from time to time trunk groups with excess capacity
will be identified to the other Party as eligible for downsizing. The
Party with excess trunking capacity will assess the trunk capacity
based on forecasted requirements for the next 12 months. If after 12
months the trunk group continues to have excess capacity, the Party
agrees to take steps to disconnect all excess capacity.
5. Indirect Network Interconnection. The Parties agree to use their best
--------------------------------
efforts to establish direct interconnections for the exchange of traffic
and to use indirect interconnection only if traffic volumes do not justify
direct connection and both Parties subtend another LEC's tandem. Until
such time as compensation arrangements have been established in accordance
with Sections 3.1 and 3.4 of this Article or the Parties mutually agree
otherwise, XXX shall not deliver traffic destined to terminate at a GTE end
office via another LEC's end office, and XXX shall not deliver traffic
destined to terminate at an end office subtending a GTE tandem via another
LEC's access tandem or switch, nor shall GTE deliver traffic destined to
terminate at ELI's switch via another LEC's access tandem or switch.
6. Number Resources.
----------------
6.1 Number Assignment. Nothing in this Agreement shall be construed to,
-----------------
in any manner, limit or otherwise adversely impact ELI's right to
employ or to request and be assigned any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to
the Central Office Code Assignment Guidelines. Any request for
numbering resources by XXX shall be made directly to the NANP Number
Plan Administrator. Except with respect to those areas in which GTE
is the NANP Number Plan Administrator, GTE shall not be responsible
for the requesting or assignment of number resources to XXX. The
Parties agree that disputes arising from numbering assignment shall be
arbitrated by the NANP Number Plan Administrator. XXX shall not
request number resources to be assigned to any GTE switching entity.
6.1.1 Each Party shall be responsible for notifying its customers of
any changes in numbering or dialing arrangements to include
changes such as the introduction of new NPAs or new NXX codes.
Each Party is responsible for administering NXX codes assigned
to it.
6.2 Rate Centers. For purposes of compensation between the Parties and
------------
the ability of the Parties to appropriately apply their respective
toll rates to their end user customers, XXX shall adopt the Rate
Center areas and Rate Center points that the
V-9
Commission has approved for the incumbent LECs and shall assign whole
NPA-NXX codes to each Rate Center. This adoption is for the sole
purpose of compensation between the Parties and shall not limit ELI's
ability to define local calling areas for its end user customers.
6.3 Routing Points. XXX will also designate a Routing Point for each
--------------
assigned NXX code. XXX may designate one location within each Rate
Center as a Routing Point for the NPA-NXX associated with that Rate
Center; alternatively XXX may designate a single location within one
Rate Center to serve as the Routing Point for all the NPA-NXXs
associated with that Rate Center and with one or more other Rate
Centers served by XXX within an existing GTE exchange area and LATA.
6.4 Code and Numbers Administration. The Parties will comply with code
-------------------------------
administration requirements as prescribed by the FCC, the Commission,
and accepted industry guidelines. Where GTE is the NANP Number Plan
Administrator, GTE will administer number resources, and charge for
such administration in accord with applicable rules and regulations.
GTE will administer numbering resources in a nondiscriminatory and
competitively neutral manner, and process requests for NXX codes in a
timely manner and in accord with industry standards. The Parties
shall protect XXX proprietary information that may be submitted to GTE
in connection with GTE's responsibilities as NANP Number Plan
Administrator in accordance with Article III, Section 11 of this
Agreement.
6.5 Programming Switches. It shall be the responsibility of each Party to
--------------------
program and update its own switches and network systems pursuant to
the Local Exchange Routing Guide ("LERG") guidelines to recognize and
route traffic to the other Party's assigned NXX codes at all times.
Neither Party shall impose any fees or charges whatsoever on the other
Party for such activities.
7. Number Portability.
------------------
7.1 General. The Parties shall develop and deploy number portability in
-------
accordance with the Act and all applicable FCC, State, and Commission
requirements and industry standards. Upon implementation of permanent
local number portability ("LNP"), the Parties shall transition all
interim local number portability ("INP") customers and their services
to LNP methods within a mutually agreeable time frame and discontinue
further use of interim methods of number portability.
7.2 Interim Number Portability. Each Party shall provide the other Party
--------------------------
with service provider number portability as an INP option for the
purpose of allowing end user customers to change service-providing
Parties within the same wire center without changing their telephone
number. The Parties shall provide service provider number portability
to each other using remote call forwarding ("RCF"). Either
V-10
Party may request another form of INP on an individual case basis and
subject to terms and conditions negotiated between the Parties.
7.3 Remote Call Forwarding. Until permanent number portability is
----------------------
implemented, the Parties agree to provide service provider number
portability using RCF to each other on a Xxxx-and-Keep basis. Neither
Party shall xxxx the other for nonrecurring or recurring charges for
ported numbers, and Provider shall retain all access charge revenues
for interexchange calls terminated to ported numbers. After permanent
number portability is implemented, the Parties agree to renegotiate
compensation for number portability, if necessary, in accordance with
the FCC's permanent number portability requirements. Subject to the
technical capabilities of each switch type, the Party ordering RCF may
order a reasonable number of additional talk paths associated with the
ported number as necessary to provide for existing service levels and
projected growth.
8. Meet-Point Billing for Switched Access Service.
----------------------------------------------
8.1 Meet-Point Arrangements.
-----------------------
8.1.1 The Parties may mutually establish Meet-Point Billing ("MPB")
arrangements in order to provide Switched Access Services to
Access Service customers via a GTE tandem in accordance with
the MPB guidelines adopted by and contained in the Ordering and
Billing Forum's MECAB and MECOD documents, except as modified
in this Article and Section 7 of Article III.
8.1.2 Except in instances of capacity limitations, GTE shall permit
and enable XXX to sub-tend the GTE access tandem(s) nearest to
the XXX Rating Point(s) associated with the NPA-NXX(s) to/from
which the Switched Access Services are homed. In instances of
capacity limitation at a given access tandem, XXX shall be
allowed to subtend the next-nearest GTE access tandem in which
sufficient capacity is available.
8.1.3 Interconnection for the MPB arrangement shall occur at the
"IP".
8.1.4 Common Channel Signaling shall be utilized in conjunction with
MPB arrangements to the extent such signaling is resident in
the GTE access tandem switch.
8.1.5 XXX and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective
federal and state access tariffs, and/or provisions within the
National Exchange Carrier Association ("NECA") Tariff No. 4, or
any successor tariff, sufficient to reflect this MPB
arrangement, including MPB percentages.
V-11
8.1.6 As detailed in the MECAB document or other applicable
requirements, XXX and GTE will, in a timely fashion, exchange
all information necessary to accurately, reliably and promptly
xxxx Access Service customers for Switched Access Services
traffic jointly handled by XXX and GTE via the meet-point
arrangement. Information shall be exchanged in Electronic
Message Record ("EMR") format, on magnetic tape or via a
mutually acceptable electronic file transfer protocol.
8.1.7 XXX and GTE shall work cooperatively to coordinate rendering of
Meet-Point bills to customers, and shall reciprocally provide
each other usage data and related information at the
appropriate charge.
8.2 Access Compensation.
-------------------
8.2.1 Initially, billing to Access Service customers for the Switched
Access Services jointly provided by XXX and GTE via the MPB
arrangement shall be according to the multiple-xxxx method as
described in the MECAB guidelines. This means each Party will
xxxx the portion of service they provided at their appropriate
tariff, or price list.
8.2.2 Subsequently, XXX and GTE may mutually agree to implement one
of the following options for billing to third parties for the
Switched Access Services jointly provided by XXX and GTE via
the MPB arrangement: single-xxxx/single tariff method, single-
xxxx/multiple tariff method, or to continue the multiple-xxxx
method. Should either Party prefer to change among these
billing methods, that Party shall notify the other Party of
such a request in writing, ninety (90) Business Days in advance
of the date on which such change is desired to be implemented.
Such changes then may be made in accordance with MECAB
guidelines and if the Parties mutually agree, the change will
be made.
9. Common Channel Signaling.
------------------------
9.1 Service Description. The Parties will provide Common Channel
-------------------
Signaling ("CCS") to one another via Signaling System 7 ("SS7")
network interconnection, where and as available, in the manner
specified in FCC Order 95-187, in conjunction with all traffic
exchange trunk groups. SS7 signaling and transport services shall be
provided by GTE in accordance with the terms and conditions of this
Section 9 of this Article and Appendix I attached to this Agreement
----------
and made a part hereof. The Parties will cooperate on the exchange of
all appropriate SS7 messages for local and intraLATA call set-up
signaling, including ISUP and Transaction Capabilities Application
Part ("TCAP") messages to facilitate full interoperability of all
CLASS Features and functions between their respective networks. Any
other SS7 message services to be provided using TCAP messages (such as
data base queries) will be jointly negotiated and agreed upon.
V-12
9.2 Signaling Parameters. All SS7 signaling parameters will be provided
--------------------
in conjunction with traffic exchange trunk groups, where and as
available. These parameters include Automatic Number Identification
("ANI"), Calling Party Number ("CPN"), Privacy Indicator, calling
party category information, originating line information, charge
number, etc. Also included are all parameters relating to network
signaling information, such as Carrier Information Parameter ("CIP"),
wherever such information is needed for call routing or billing. GTE
will provide SS7 via GR-394-SS7 and/or GR-317-SS7 format(s).
9.3 Privacy Indicators. Each Party will honor all privacy indicators as
------------------
required under applicable law.
9.4 Connection Through STP. XXX must interconnect with the GTE STP(s)
----------------------
serving the LATA in which the traffic exchange trunk groups are
interconnected. Additionally, all interconnection to GTE's 800/888
database and GTE's LIDB shall, consistent with this section and
Appendix I attached hereto, take place only through appropriate STP
----------
pairs. XXX may choose a third-party SS7 signaling provider to
transport messages to and from the GTE SS7 network. In that event,
that third-party provider must present a letter of agency to GTE,
prior to the testing of the interconnection, authorizing the Third
Party to act on behalf of XXX in transporting SS7 messages to and from
GTE. The third-party provider must interconnect with the GTE STP(s)
serving the LATA in which the traffic exchange trunk groups are
interconnected.
9.5 Multi-Frequency Signaling. In the case where CCS is not available, in
-------------------------
band Multi-Frequency ("MF"), wink start, E & M channel associated
signaling with ANI will be provided by the Parties. Network signaling
information, such as CIC/OZZ, will be provided wherever such
information is needed for call routing or billing.
10. Service Quality and Performance. Each Party shall provide Services under
-------------------------------
this Article to the other Party that are equal in quality to the Services
that the Party provides to itself, its Affiliates or any other entity.
"Equal in quality" shall mean that the Service will meet the same technical
criteria and performance standards that the providing Party uses within its
own network for the same Service at the same location under the same terms
and conditions.
11. Network Outages. GTE shall work with XXX to establish reciprocal
---------------
responsibilities for managing network outages and reporting. Each Party
shall be responsible for network outage on its network. Each Party shall
be responsible for notifying the other Party of significant outages which
could impact or degrade the other Party's equipment or services.
V-13
ARTICLE VI
RESALE OF SERVICES
1. General. The purpose of this Article VI is to define the services that may
-------
be purchased from GTE and resold by XXX and the terms and conditions
applicable to such resold services ("Services"). Except as specifically
provided otherwise in this Agreement, the Act, and FCC or Commission
requirements, provisioning of Services for resale will be governed by the
GTE Guide. GTE will make available to XXX for resale any
Telecommunications Service that GTE currently offers, or may offer
hereafter, on a retail basis to subscribers that are not telecommunications
carriers, except as qualified by Section 2.2 below. If GTE provides resale
services pursuant to a tariff that is generally available to all CLECs, XXX
may elect to purchase resale services from such tariff in lieu of Article
VI and Appendix E of this Agreement. In the event XXX elects to purchase
resale services from GTE's tariff, XXX may not purchase resale services
pursuant to this Agreement. During any period in which XXX is ordering
resale services from GTE's tariff, the terms and conditions of this Article
VI and Appendix E will not apply.
2. Terms and Conditions.
--------------------
2.1 Quality and Performance. GTE shall provide Services to XXX that are
-----------------------
at least equal in quality and performance standards to the same
Services provided by GTE to its own end user customers, its
affiliates, and to other providers using GTE Services on a resold
basis.
2.2 Restrictions on Resale. This section is intentionally left blank. At
----------------------
such time as XXX desires to resell GTE services, the Parties agree to
negotiate the terms and conditions of this section and to amend this
Agreement accordingly. Except as provided in Section 1 of this
Article, XXX shall not resell GTE services until such amendment is
effective. This section may be superceded by the provisions in
Article III, Section 46, and Appendices 46A and 46B.
2.3 Restrictions on Discount of Retail Services. This section is
-------------------------------------------
intentionally left blank. At such time as XXX desires to resell GTE
services, the Parties agree to negotiate the terms and conditions of
this section and to amend this Agreement accordingly. Except as
provided in Section 1 of this Article, XXX shall not resell GTE
services until such amendment is effective. This section may be
superceded by the provisions in Article III, Section 46, and
Appendices 46A and 46B.
2.4 Resale to Other Carriers. Services available for resale may not be
------------------------
used by XXX to provide access to the local network as an alternative
to tariffed switched and special access by other carriers, including,
but not limited to; interexchange carriers, wireless carriers,
competitive access providers, or other retail telecommunications
providers.
VI-1
2.5 Interim Universal Service Fund Charge for Wholesale Services. This
------------------------------------------------------------
section is intentionally left blank. At such time as XXX desires to
resell GTE services, the Parties agree to negotiate the terms and
conditions of this section and to amend this Agreement accordingly.
Except as provided in Section 1 of this Article, XXX shall not resell
GTE services until such amendment is effective. This section may be
superceded by the provisions in Article III, Section 46, and
Appendices 46A and 46B.
3. Ordering and Billing.
--------------------
3.1 Local Service Request. Orders for resale of Services will be placed
---------------------
utilizing a standard Local Service Request ("LSR") form. GTE will
continue to participate in industry forums for developing service
order/disconnect order formats and will incorporate appropriate
industry standards. A complete and accurate LSR (containing the
requisite end user information as described in the Guide) must be
provided by XXX before a request can be processed.
3.2 Certificate of Operating Authority. Prior to placing its first order
----------------------------------
for resold service, XXX must represent and warrant to GTE that it is
a certified provider of local exchange service. XXX will provide a
copy of its Certificate of Operating Authority or other evidence of
its status to GTE upon request.
3.3 Directory Assistance Listings. GTE shall include an XXX customer
-----------------------------
listing in its Directory Assistance database as part of the Local
Service Request ("LSR") process. GTE will honor ELI's customers'
preferences for listing status, including non-published and unlisted,
as noted on the LSR and will enter the listing in the GTE database
which is used to perform Directory Assistance functions as it appears
on the LSR.
3.4 Nonrecurring Charges. This section is intentionally left blank. At
--------------------
such time as XXX desires to resell GTE services, the Parties agree to
negotiate the terms and conditions of this section and to amend this
Agreement accordingly. Except as provided in Section 1 of this
Article, XXX shall not resell GTE services until such amendment is
effective. This section may be superceded by the provisions in
Article III, Section 46, and Appendices 46A and 46B.
3.5 Transfers Between XXX and Another Reseller of GTE Services. When XXX
----------------------------------------------------------
has obtained an end user customer from another reseller of GTE
services that XXX intends to serve by reselling GTE services, XXX will
inform GTE of the transfer by submitting a standard LSR to GTE. When
GTE or another reseller of GTE services has obtained an end user
customer that XXX served by reselling GTE services, GTE shall inform
XXX of the transfer via standard reporting processes and confirm the
date on which the transfer takes place.
VI-2
3.6 Local Calling Detail. Except for those Services and in those areas
--------------------
where measured rate local service is available to end users, monthly
billing to XXX does not include local calling detail. However, XXX
may request and GTE shall consider developing the capabilities to
provide local calling detail in those areas where measured local
service is not available for a mutually agreeable charge.
3.7 Procedures. An overview of the procedures for preordering, ordering,
----------
provisioning and billing for resold services are outlined in Appendix
--------
H, attached hereto and made a part hereof.
-
3.8 LIDB. For resale services, GTE's service order will generate updates
----
to the LIDB for validation of calling card, collect, and third number
billed calls.
3.9 "OLN". Upon request, GTE will update the database to provide
-----
Originating Line Number ("OLN") Screening which indicates to an
operator the acceptable billing methods for calls originating from the
calling number (e.g., penal institutions, COCOTS).
4. Maintenance.
-----------
4.1 Maintenance, Testing and Repair. GTE will provide repair and
-------------------------------
maintenance services to XXX and its end user customers for resold
Services in accordance with the same standards and charges used for
such services provided to GTE end user customers, affiliates, and
other carriers reselling GTE services. GTE will not initiate a
maintenance call or take action in response to a trouble report from
an XXX end user until such time as trouble is reported to GTE by XXX,
and GTE shall refer all XXX end-users who call GTE with trouble
reports to XXX. XXX must provide to GTE all end user information
necessary for the installation, repair and servicing of any facilities
used for resold Services according to the procedures described in the
Guide.
4.2 Specifics and Procedures for Maintenance. An overview of the
----------------------------------------
procedures for maintenance of resold services and additional matters
agreed to by the Parties concerning maintenance are set forth in
Appendix H.
----------
5. Services Available for Resale.
-----------------------------
5.1 Description of Local Exchange Services Available for Resale. Resold
-----------------------------------------------------------
basic Exchange Service includes, but is not limited to, the following
elements:
(a) Voice Grade Local Exchange Access Line - includes a telephone
number and dial tone.
VI-3
(b) Local Calling - at local usage measured rates if applicable to the
end user customer.
(c) Access to long distance carriers
(d) E-911 Emergency Dialing
(e) Access to Service Access Codes - e.g., 800, 888, 900
(f) Use of AIN Services (those currently available to end users)
(g) End User Private Line Services
(h) Listing of telephone number in appropriate "white pages"
directory; and
(i) Copy of "White Pages" and "Yellow Pages" directories for the
appropriate GTE service area
(j) IntraLATA Toll
5.2 Other Services Available for Resale. GTE will provide resold services
-----------------------------------
at retail less the avoided cost discount as defined in Section 5.3
herein. Subject to the limitations on resale enumerated in this
Article, the type of resold services made available to XXX are those
telecommunication services GTE's offers to customers who are not
telecommunications customers. Any new services that GTE offers to
customers who are not telecommunications carriers shall also be
available to XXX for resale under the same terms and conditions
contained in this Agreement.
5.3 Rates. This section is intentionally left blank. At such time as XXX
-----
desires to resell GTE services, the Parties agree to negotiate the
terms and conditions of this section and to amend this Agreement
accordingly. Except as provided in Section 1 of this Article, XXX
shall not resell GTE services until such amendment is effective. This
section may be superceded by the provisions in Article III, Section
46, and Appendices 46A and 46B.
5.4 Grandfathered Services. Services identified in GTE Tariffs as
----------------------
grandfathered in any manner are available for resale only to end user
customers that already have such grandfathered service. An existing
end user customer may not move a grandfathered service to a new
service location.
5.5 Access. GTE retains all switched access revenue due from other
------
carriers for access to GTE facilities.
5.6 Operator Services ("OS") and Directory Assistance ("DA"). Operator
--------------------------------------------------------
Services for local and toll assistance (for example, call completion,
busy line verification
VI-4
and emergency interruption) and Directory Assistance (e.g., 411 calls
routed to GTE's DA operator centers) are provided as an element of
Exchange Services offered for resale. GTE may brand this service as
GTE. XXX will be billed in accordance with Appendix C.
5.6.1 If XXX requests branding or unbranding, GTE will provide such
unbranding or rebranding with ELI's name pursuant to Article
VII, Section 12.
5.6.2 XXX will be billed a charge for unbranding or rebranding and
customized routing as set forth in Article VII, Section 10.4
and additional charges specified in Article VII, Section 11.4.
5.6.3 For those offices that XXX has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it where GTE performs its
own OS and DA service subject to capability and capacity
limitations where customized routing is Currently Available. If
GTE uses a Third Party contractor to provide OS or DA, GTE will
not provide branding nor will GTE negotiate it with a Third
Party on behalf of XXX. XXX must negotiate with the Third
Party. In these instances XXX will need to purchase customized
routing and dedicated trunking to differentiate its OS/DA
traffic from GTE's traffic.
VI-5
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS
On January 25, 1999, the Supreme Court of the United States issued its decision
on the appeals of the Eighth Circuit's decision in Iowa Utilities Board.
Specifically, the Supreme Court vacated Rule 51.319 of the FCC's First Report
and Order, FCC 96-325, 61 Fed. Reg. 45476 (1996) and modified several of the
FCC's and the Eighth Circuit's rulings regarding unbundled network elements and
pricing requirements under the Act. AT&T Corp. v. Iowa Utilities Board, No. 97-
826, 1999 U.S. LEXIS 903 (1999). Under Section 251 (d)(2), the FCC was required
to determine what UNEs should be made available, and it listed them in the now-
vacated FCC Rule 51.319. Thus, there is currently no determination of what, if
any, UNEs should be made available under the law, and until this determination
is made there is no legal obligation to provide any particular UNEs. Without
waiving any rights and only on an interim basis, GTE agrees to provide the UNEs
listed herein ("Old 319 UNEs") in accordance with the associated provisions in
the agreement and only upon the following interdependent terms and conditions:
Until the FCC issues new and final rules with regard to vacated Rule 51. 319
that comply with the Act ("New Rules"), GTE will provide the Old 319 UNEs listed
below even though it is not legally obligated to do so; provided, however, that
XXX agrees not to seek UNE "platforms," or "already bundled" combinations of
UNEs.
XXX agrees that after the final FCC Rules are issued, the Parties will determine
what UNEs should be included in the Agreement as required by the Act, and they
will incorporate them into the Agreement. If the Parties cannot agree on what
UNEs are then required under the Act, either Party at any time may seek to
incorporate the appropriate UNEs under the Act into the agreement in accord
with Sections 32 and 40 of Article III, the change of law provision(s) of the
Agreement, notwithstanding anything to the contrary or the expiration of any
time periods outlined in such provision(s) or any other provision of the
Agreement.
By providing Old 319 UNEs, GTE does not waive any of its rights, including its
rights to seek recovery of its actual costs and a sufficient, explicit universal
service fund. Nor does GTE waive its position that, under the Court's decision,
it is not required to provide Old 319 UNEs unconditionally. Moreover, GTE does
not agree that the Old 319 UNE rates set forth below are just and reasonable and
in accordance with the requirements of sections 251 and 252 of Title 47 of the
United States Code.
The above "status quo" arrangement applies only to UNEs, UNE pricing, unbundling
and UNE platform issues. The Parties have not determined if other provisions of
the Agreement are inconsistent with the law. To the extent there are other
provisions in the Agreement that are inconsistent with, or impacted by the law,
including the Supreme Court's decision in Iowa Utilities Board, it is the intent
of the Parties that the Agreement should conform thereto and that the "change of
law" provisions therein may be invoked to accomplish that end.
1. General. The purpose of this Article VII is to define the unbundled
-------
network elements that may be leased by XXX from GTE. Unless otherwise
specified in this Agreement and to the extent not inconsistent with this
Agreement, the Act, or state or federal law, provisioning of unbundled
network arrangements will be governed with the GTE Customer Guide for CLEC
Establishment of Services -- Resale and Unbundling (the
VII-1
"Guide"). Additional procedures for preordering, ordering, provisioning and
billing of unbundled network elements are outlined in Appendix H.
----------
2. Unbundled Network Elements.
--------------------------
2.1 Categories. There are several separate categories of Network
----------
Components that shall be provided as unbundled network elements by
GTE:
(a) Network Interface Device or NID
(b) Loop Elements
(c) Port and Local Switching Elements
(d) Transport Elements
(e) Signaling Elements
2.2 Prices. The recurring and nonrecurring rates GTE shall charge XXX for
------
individual unbundled network elements are set forth in Appendix F
----------
attached to, and made a part of, this Agreement, or in the appropriate
GTE tariff as referenced in this Article.
2.2.1 Compensation for Exchange of Traffic Using Unbundled Network
------------------------------------------------------------
Elements. Compensation arrangements between GTE and XXX
--------
exchanging traffic when XXX uses GTE provided unbundled network
elements, i.e., port, local switching, and shared transport,
shall be as provided in Appendix L. The Parties have not
negotiated terms and conditions for Appendix L. At such time as
XXX desires to obtain unbundled ports, local switching, and
transport from GTE, the Parties agree to negotiate the terms
and conditions of Appendix L and to amend this Agreement
accordingly. XXX shall not obtain unbundled ports, local
switching and shared transport from GTE until such amendment
becomes effective.
2.3 Interconnection to Unbundled Elements. XXX may lease and interconnect
-------------------------------------
to any of these unbundled network elements, and subject to technical
feasibility, may combine these unbundled elements with each other,
with other GTE services and facilities, and/or with any facilities or
services that XXX may itself provide subject to the provisions of this
Article.
2.3.1 Connection of XXX facilities to unbundled elements shall be
achieved via physical collocation arrangements XXX shall
maintain at the wire center at which the unbundled services are
resident. When physical collocation cannot be accommodated at
the wire center where the unbundled elements are resident,
alternative arrangements shall be negotiated between GTE
VII-2
and XXX. Such arrangements may include virtual collocation. All
reasonable incremental costs associated with the alternative
arrangements shall be borne by XXX.
2.3.2 GTE shall connect unbundled network elements to ELI's facilities
at a collocation arrangement via an EIS cross connect element
("EISCC") as provided in GTE's federal collocation tariff. As
part of the EISCC, GTE will provide a designated terminal block,
or equivalent termination point, and terminate ELI's collocation
cable facilities on the designated terminal block. The EISCC
also provides for the cross connection to connect the unbundled
network element to ELI's cable facilities on the designated
terminal block. GTE has no obligation to combine any unbundled
network elements for XXX; Provided, however, that to the extent
that GTE may be specifically required to combine unbundled
network elements and/or provide unbundled network elements in
existing combinations pursuant to a final and effective decision
that is binding on GTE, GTE will negotiate with XXX regarding
the provisioning of such elements in accordance with that
decision. Once GTE's unbundled network elements have been
connected to ELI's facilities, as described in this Agreement,
XXX is not precluded from combining the unbundled elements using
its own facilities, except that XXX may not combine unbundled
GTE network elements to provide solely interexchange service or
solely access service to an interexchange carrier.
2.4 Service Quality. To the degree reasonably possible, all service
---------------
attributes, grades-of-service and installation, maintenance and repair
intervals which apply to the bundled service will apply to unbundled
network elements. GTE shall provide unbundled network elements to XXX
that are equal in quality and performance standards to the same
unbundled network elements GTE provides to its affiliates and other
carriers. Except as required by the express terms of this Agreement
and by federal or State law, GTE shall not be responsible for impacts
on service attributes, grades of service, etc., resulting from ELI's
specific use of or modification to any unbundled network element.
2.5 Nondiscrimination Provision and Support. GTE shall provide unbundled
---------------------------------------
network elements in as timely a manner as the volume of requests
reasonably allows and consistent with the service provisioning terms
and conditions in this Agreement and state or federal requirements.
GTE shall provision unbundled network elements in a non-discriminatory
manner and shall provide power to such elements on the same basis as
GTE provides to itself, its affiliates and other carriers to whom GTE
provides unbundled network elements.
3. Network Interface Device.
------------------------
VII-3
3.1 Direct Connection. XXX must terminate any unbundled loop leased from
-----------------
GTE to a GTE Network Interface Device ("NID"), and GTE shall provide
the NID in its existing combination with the unbundled loop. XXX
shall be permitted to connect its own loop directly to GTE's NID as
long as such direct connection does not adversely affect GTE's
network. In order to minimize any such adverse effects, XXX shall
follow the procedures in Sections 3.1.1 and 3.1.2 below.
3.1.1 When connecting its own loop facility directly to GTE's NID for
a residence or business customer, XXX must make a clean cut on
the GTE drop wire at the NID so that no bare wire is exposed.
XXX shall not remove or disconnect GTE's drop wire from the NID
or take any other action that might cause GTE's drop wire to be
left lying on the ground.
3.1.2 At multi-tenant customer locations, XXX must remove the jumper
wire from the distribution block (i.e. the NID) to the GTE
cable termination block. If XXX cannot gain access to the cable
termination block, XXX must make a clean cut at the closest
point to the cable termination block. At ELI's request and
discretion, GTE will determine the cable pair to be removed at
the NID in multi-tenant locations. XXX will compensate GTE for
locating the cable pair to be removed at the nonrecurring Loop
Facility Charge specified in Appendix F.
3.1.3 GTE agrees to offer NIDs for lease to XXX but not for sale. XXX
may remove GTE identification from any NID which it connects to
a XXX loop, but XXX may not place its own identification on
such NID.
3.2 NID to NID Connection. XXX may install its own NID and effect a NID
---------------------
to NID connection between its NID and the GTE NID to gain access to
the end user's inside wiring.
3.2.1 If XXX provides its own loop facilities, it may elect to move
all inside wire terminated on a GTE NID to an XXX NID. In this
instance, a NID to NID connection will not be required. XXX, or
the end user premise owner, can elect to leave the GTE
disconnected NID in place, or to remove the GTE NID from the
premise and dispose of it entirely.
3.3 Removal of Cable Pairs. Removal of existing cable pairs required for
----------------------
XXX to terminate service is the responsibility of XXX.
3.4 Maintenance. When XXX provides its own loop and connects directly to
-----------
GTE's NID, GTE does not have the capability to perform remote
maintenance. XXX can perform routine maintenance via its loop and
inform GTE once the trouble has been isolated to the NID and GTE will
repair (or replace) the NID, or, at ELI's option, XXX can make a NID
to NID connection, using the GTE NID only to gain access to the inside
wire at the customer location.
VII-4
3.5 Collocation Requirement. When XXX purchases a GTE NID as a stand-
-----------------------
alone unbundled element, the collocation arrangement described in
Section 2.3.1 of this Article is not required.
4. Loop Elements.
-------------
4.1 Service Description. A "loop" is the transmission facility (or
-------------------
channel or group of channels on such facility) which extends from a
Main Distribution Frame ("MDF") or functionally comparable piece of
equipment in a GTE end office or wire center to a demarcation or
connector block in/at a subscriber's premises. Traditionally, loops
were provisioned as 2-wire or 4-wire copper pairs running from the end
office MDF to the customer premises. However, a loop may be provided
via other media, including radio frequencies, as a channel on a high
capacity feeder/distribution facility which may, in turn, be
distributed from a node location to the subscriber premises via a
copper or coaxial drop facility, etc.
4.2 Categories of Loops. GTE shall provide the following general
-------------------
categories of loops according to their technical configuration and
capabilities:
4.2.1 "2-wire analog voice grade" loops will support analog
transmission of 300-3000 Hz, repeat loop start or ground start
seizure and disconnect in one direction (toward the end office
switch), and repeat ringing in the other direction (toward the
end user). This loop is commonly used for local dial tone
service. Rates are as reflected in Appendix F, including non-
recurring charges.
4.2.2 "4-wire analog voice grade" loops conform to the
characteristics of a 2-wire voice grade loop and, in addition,
can support the simultaneous independent transmission of
information in both directions. Rates are as reflected in
Appendix F, including non-recurring charges.
4.2.3 "2-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) may be required to
conform to these industry standards. Rates are as reflected in
Appendix F, including non-recurring charges.
4.2.4 "4-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) may be required to
conform to these industry standards. Rates are as reflected in
Appendix F, including non-recurring charges.
4.2.5 "DS-1" loops will support a digital transmission rate of 1.544
Mbps. The DS-1 loop will have no bridge taps or load coils and
will employ special line treatment. DS-1 loops will include
span line repeaters where required,
VII-5
office terminating repeaters, and DSX cross connects. Prices
and specifications for DS-1 grade loops are the prices set
forth in the appropriate GTE special access tariff.
4.2.6 "DS-3" loops will support the transmission of isochronous
bipolar serial data at a rate of 44.736 Mbps. This DS-3 type of
loop provides the equivalent of 28 DS-1 channels and shall
include the electronics at either end. Prices and
specifications for DS-3 grade loops are the prices set forth in
the appropriate GTE special access tariff.
4.3 Conditioned Loops.
-----------------
4.3.1 XXX may also require that analog loops ordered above be
conditioned in order for them to provide the end-user service.
Examples of this type of conditioning are: Type C, Type DA,
Improved C, etc. The price for such conditioned loops shall be
the applicable charge as provided in the appropriate GTE
intrastate special access tariff.
4.3.2 Digital loops ordered above shall be provisioned to meet
industry standard service levels for generally available
digital services, such as ISDN or xDSL, without the requirement
for ordering additional conditioning. XXX must indicate on the
order, via industry standard ordering codes, the service
capability requested. Additional charges may apply for services
such as deloading the cable pair or providing midspan
repeaters.
4.4 Loop Testing.
------------
4.4.1 GTE will not perform routine testing of the unbundled loop for
maintenance purposes. XXX will be required to provision a loop
testing device either in its central office (switch location),
Network Control Center or in its collocation arrangement to
test the unbundled loop. GTE will perform repair and
maintenance once trouble is identified by XXX.
4.4.2 All loop facilities furnished by GTE on the premises of ELI's
end users and up to the network interface or functional
equivalent are the property of GTE. GTE must have access to all
such facilities for network management purposes. GTE employees
and agents may enter said premises at any reasonable hour to
test and inspect such facilities in connection with such
purposes or, upon termination or cancellation of the loop
facility, to remove such facility.
4.4.3 If XXX leases digital loops to transmit specified digital
signals, GTE will test the loop and provide recorded test
results to XXX as a part of provisioning that loop. If loop
tests are conducted in maintenance and repair cases, GTE will
provide any recorded readings to XXX at the time
VII-6
the trouble ticket is closed in the same manner as GTE provides
to itself and its end users, affiliates, and carriers to whom
GTE provides loops.
4.5 Pair Gain Technologies. GTE cannot provide an unbundled loop that
----------------------
currently is being provisioned using integrated digital loop carrier
("IDLC") technology or analog carrier technology. Where GTE utilizes
other types of pair gain technology to provision the loop element, GTE
may be able to provide an unbundled loop, depending on the technology
involved, but the capabilities of the loop may be limited. If XXX
orders an unbundled loop to a location that is normally served by pair
gain technology and GTE cannot meet the requirements of the ordered
loop using the pair gain technology, GTE will use alternate
facilities, if available, to provision the loop. If alternate
facilities are not available, GTE will advise XXX that facilities are
not available to provision the loop. GTE will not construct
additional facilities at GTE's expense to provide the loop for XXX,
but XXX may use the bona fide request process in Article VIII of this
Agreement to request that GTE construct additional facilities at ELI's
expense.
4.5.1 GTE will work with XXX to develop a joint planning process to
allow XXX to assess the impact of GTE's use of pair gain
technology in marketing XXX services that are dependent on
unbundled loops provided by GTE. Such a process will provide
general information as to the type and relative use of pair
gain technology in a market, as well as the capability to
determine on a customer specific/route specific basis if pair
gain technology is used to provision the loop.
4.5.2 GTE will permit XXX to collocate digital loop carriers and
associated equipment in conjunction with collocation
arrangements XXX maintains at a GTE wire center for the purpose
of interconnecting to unbundled loop elements.
4.6 Unbundled Loop Facility Certification.
-------------------------------------
4.6.1 Before deploying any service enhancing copper cable technology
(e.g., HDSL, ISDN, etc.) over unbundled analog voice grade
loops leased from GTE, XXX shall notify GTE of such intentions
to enable GTE to assess the loop transport facilities to
determine whether there are any existing copper cable loop
transport technologies (e.g., analog carrier, etc.) deployed
within the same cable sheath that would be interfered with if
XXX deployed the proposed service enhancing copper cable
technology. If there are existing copper cable loop transport
technologies already deployed within the same cable sheath, or
if GTE already has existing near term (within 18
______________________
/1/ See Bellcore TR-TSY-000008, Digital Interface Between the SLC-96 Digital
Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated
Digital Loop Carrier (IDLC) Requirements, Objectives and Interface.
VII-7
months of the date of facility certification) plans to deploy
copper cable loop transport technologies that would be
interfered with as described above, GTE will so inform XXX and
XXX shall not be permitted to deploy such service enhancing
copper cable technologies. GTE, however, will work with XXX to
provide alternate facilities that will enable XXX to deploy
ELI's proposed service enhancing copper cable technology. GTE
will charge XXX the applicable engineering time and labor costs
to perform the certification.
4.6.2 If XXX fails to notify GTE of its plans to deploy service
enhancing copper cable technology over unbundled analog voice
grade loops and obtain prior certification from GTE of the
facilities, if ELI's deployment of such technology is
determined to have caused interference with existing or planned
copper cable loop transport technologies deployed by GTE in the
same cable sheath, XXX will immediately remove such service
enhancing copper cable technology and shall reimburse GTE for
all reasonably incurred expense related to this interference.
4.6.3 If XXX orders digital loops as specified above and provides the
industry standard codes on the order indicating the type of
service to be deployed on the loop, no notification is
required. GTE will determine if compatibility issues exist and,
if facilities are available, will provide a loop capable of
meeting the requested service capabilities.
4.7 Compatibility. Provided XXX has notified GTE, pursuant to section 4.6
-------------
above, of the service enhancing copper cable technology deployed on an
unbundled loop, GTE will not deploy service enhancing copper cable
technology within the same cable sheath that will be incompatible with
ELI's technology.
4.8 Subloops.
--------
4.8.1 GTE will provide as separate items the loop distribution, loop
concentrator and loop feeder on a case-by-case basis pursuant
to a Bona Fide Request ("BFR").
4.8.2 GTE will design and construct loop access facilities (including
loop feeders and loop concentration/multiplexing systems) in
accordance with standard industry practices as reflected in
applicable tariffs and/or as agreed to by GTE and XXX.
4.8.3 Transport for loop concentrators/multiplexers services not
supported by embedded technologies will be provided pursuant to
applicable tariffs or as individually agreed upon by GTE and
XXX. The Parties understand that embedded loop
concentrators/multiplexers are not necessarily capable of
providing advanced and/or digital services.
VII-8
4.8.4 GTE will provide loop transmission characteristics as specified
in Section 4.4.3 of this Article.
4.9 Loop Identification. At a multi-tenant location, GTE will identify
-------------------
the cable pair, at the cable termination block or at the distribution
block (NID), used to provide the unbundled loop. If the cable pair is
not properly marked, GTE will take the necessary steps to identify the
cable pair at no additional charge to XXX.
5. Port and Local Switching Elements.
---------------------------------
5.1 Port. A "port" provides for the interconnection of individual loops
----
or trunks to the switching components of GTE's network. In general,
it is a line card or trunk card and associated peripheral equipment on
GTE end office switch that serves as the hardware termination for the
end user's Exchange Service on that switch and generates dial tone and
provides the end user access to the public switched telecommunications
network. The port does not include such features and functions which
are provided as part of Local Switching. Each line-side port is
typically associated with one (or more) telephone number(s), which
serve as the end user's network address.
5.2 Ports Available as Unbundled Network Elements. There are four types
---------------------------------------------
of ports available as unbundled network elements;
5.2.1 "2-wire analog line" port is a line side switch connection
employed to provide basic residential and business type
Exchange Service.
5.2.2 "2-wire ISDN digital line" port is a Basic Rate Interface
("BRI") line side switch connection employed to provide ISDN
Exchange Services.
5.2.3 "DS-1 digital trunk" port is a trunk side switch connection
employed to provide the equivalent of 24 analog incoming trunk
type Exchange Services, such as direct inward dialing ("DID").
5.2.4 "4-wire ISDN digital DS-1 trunk" port is a Primary Rate
Interface ("PRI") trunk side switch connection employed to
provide the ISDN Exchange Services.
5.3 Port Prices. Prices for ports are listed in Appendix F.
----------- ----------
5.4 Local Switching. "Local switching" provides the basic switching
---------------
functions to originate, route and terminate traffic and any signaling
deployed in the switch. Vertical features are optional services
provided through software programming in the switch which can be added
on a per-feature basis with applicable rate. GTE will offer only
those features and functions currently available to the particular
platform used (e.g., DMS, 5ESS, GTD5). Any feature or function which
is not
VII-9
available, but the switch is capable of providing, may be requested
via the BFR process. XXX will be responsible for bearing any costs
incurred by GTE in making such feature/function available, including
Right-to-Use ("RTU") fees. The rates for local switching and vertical
features are listed in Appendix F.
----------
5.4.1 XXX must purchase local switching with the line-side port or
trunk-side port, if applicable, and GTE shall provide the local
switching in its existing combination with the applicable port.
5.5 Compliance with Section 2.3. XXX shall only order unbundled elements
---------------------------
in accordance with Section 2.3 herein and it will be the
responsibility of XXX to make arrangements for the delivery of
interexchange traffic and routing of traffic over interoffice
transmission facilities, if applicable.
5.6 Shared Transport. "Shared transport" is the physical interoffice
----------------
facility medium that is used to transport a call between switching
offices. A central office switch translates the end user dialed
digits and routes the call over a Common Transport Trunk Group that
rides interoffice transmission facilities. These trunk groups and the
associated interoffice transmission facilities are accessible by any
end user (GTE end user or CLEC end user when the CLEC has purchased
unbundled local switching) and are referred to as "shared transport
facilities."
5.6.1 Many calls riding shared transport facilities will also be
switched by GTE's access tandem. This tandem switching function
is included as a rate component of shared transport, as set
forth in Appendix D. GTE will provide shared transport from a
call originating from an unbundled switch port to the point
where the call leaves GTE's network (the IP).
5.6.2 When XXX purchases unbundled local switching, XXX is obligated
to purchase unbundled shared transport. All of the billing
elements associated with shared transport are billed upon call
origination, unless the call involves an IXC.
5.6.3 The rating of shared transport is based on the duration of a
voice grade (or DS-0) call on GTE's network. Shared transport
is comprised of three billing components: (1) Shared Transport
- Facility Miles (usage and distance sensitive); (2) Shared
Transport - Termination (per end, usage sensitive); and (3)
Tandem Switching (usage sensitive). Until an industry standard
solution is implemented for generating AMA recordings that
indentify tandem routed calls, the parties will use a shared
transport composite rate using the tandem switching rate, two
(2) terminations, and an assumed facility miles length of ten
(10) miles. This interim methodology will be used in lieu of
actual detailed AMA recordings and xxxx generation.
VII-10
5.6.4 GTE is responsible for the sizing of the shared transport
network. All analysis, engineering, and trunk augmentations to
Common Transport Trunk Groups will be the sole responsibility
of GTE. To ensure that the network is appropriately sized, GTE
may request traffic forecasts from XXX if XXX requests
unbundled local switching. These forecasts must be provided to
GTE on a quarterly basis, with a twelve (12) month outlook.
5.6.5 GTE provides shared transport between GTE switching offices
(e.g., between GTE end offices, a GTE end office and a GTE
tandem switch, between a GTE end office and the IP of a
connecting telecommunications company, or between a tandem
switch and the IP of a connecting telecommunications company).
However, the transport between a GTE switching office and the
XXX switching office must be purchased as dedicated transport
and is not provided as shared transport.
6. Dedicated Transport.
-------------------
6.1 Dedicated transport is purchased for the purpose of transporting
Telecommunications Services between designated serving wire centers
("SWCs") within the same LATA. Dedicated transport may extend between
two GTE SWCs ("Interoffice Dedicated Transport" or "IDT") or may
extend from the GTE SWC to the XXX premise ("CLEC Dedicated Transport"
or "CDT"). CDT remains within the exchange boundaries of the SWC,
while IDT traverses exchange boundaries. IDT and CDT are further
defined in Sections 6.2 and 6.3 below.
6.2 CDT is the dedicated transport facility connecting the GTE SWC to
ELI's Customer Designated Location ("CDL"). The CDL will be
designated where the CLEC's physical network begins (the CDL cannot be
designated at an end user customer location).
6.3 CDT includes the equipment required to terminate the interoffice
facility within ELI's CDLs and within the GTE SWC. This element also
includes the transport facility between the two locations but extends
no farther into GTE's network than the CDL's SWC. CDT has no
switching components and is available in bandwidth increments of DS0,
DS1, or DS3 at rates outlined in Appendix F.
6.4 CDT consists of monthly recurring (non-usage sensitive) billable
elements that are dependent on bandwidth, but may vary depending on
the termination arrangement at the CDL (Office Terminating Repeater
vs. SONET terminal, first system vs. additional system, etc.).
6.5 IDT is the dedicated transport facility connecting two GTE SWCs and
excludes the facilities between the SWC and the CDL. IDT has no
switching components and is available in bandwidth increments of DS0,
DS1, and DS3 at rates outlined in Appendix F.
VII-11
6.6 The price of IDT varies with the bandwidth and consists of monthly
recurring (non-usage sensitive) billable elements. The components are
Transport Facility Miles (monthly recurring) and Transport Termination
(per end, monthly recurring).
7. SS7 Transport and Signaling. SS7 signaling and transport services in
---------------------------
support of ELI's local exchange services shall be provided in accordance
with the terms and conditions of Appendix I attached to, and made a part
of, this Agreement.
7.1 GTE will provide interconnection with its SS7 at the STPs but not at
other points.
8. LIDB Services. Access to GTE's LIDB shall be provided in accordance with
-------------
the rates, terms and conditions of GTE's switched access tariff, GTOC
Tariff FCC No. 1, Section 8.
9. Database 800-Type Services. Access to GTE's 800-Type database (i.e., 888,
--------------------------
877) shall be provided in accordance with the rates, terms and conditions
of GTE's switched access tariff, GTOC Tariff FCC No. 1, Section 8.
10. Operator Services ("OS") and Directory Assistance ("DA"). GTE will provide
--------------------------------------------------------
OS and DA to XXX in accordance with the terms set forth as follows:
10.1 When OS and/or DA is to be provided for calls that originate from
ELI's switch, GTE will provide branded or unbranded OS and/or DA
pursuant to separate contracts to be negotiated in good faith between
the Parties after execution and approval of this Agreement by the
Commission.
10.2 When OS and/or DA is to be provided for calls that originate from an
unbundled port with local switching under this Article and neither
branding nor unbranding is requested, ELI's calls will access GTE's
OS and/or DA platform and will be processed in the same manner as GTE
calls.
10.3 When OS and/or DA is to be provided for calls that originate from an
unbundled port and local switching under this Article and either
branding or unbranding is requested, GTE will provide such unbranding
or rebranding on a switch-by-switch basis, subject to capability and
capacity limitations. When technically capable of doing so, GTE shall
implement an order for unbranding or rebranding within 90 Business
Days of receipt of that order.
10.4 To the extent authorized by the FCC and the Commission, XXX will be
billed charges for OS and DA and a charge for unbranding or
rebranding and Customized Routing as set forth in Section 11.2. In
addition, charges specified in Section 11.4 will apply.
VII-12
10.5 For those offices that XXX has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it where GTE provides its own OS
and DA service subject to capability and capacity limitations where
Customized Routing is currently available. If GTE uses a Third Party
contractor to provide OS or DA, GTE will not provide branding nor
will GTE negotiate it with a Third Party on behalf of XXX. XXX must
negotiate with the Third Party. In these instances, XXX will need to
purchase customized routing to differentiate its OS/DA traffic from
GTE's traffic.
11. Customized Routing. Where technically feasible and upon receipt of written
------------------
request from XXX, GTE agrees to provide customized routing for the
following types of calls:
0-
0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when intraLATA
presubscription is not available)
1+HNPA-555-1212 (intraLATA, only when intraLATA
presubscription is not available)
11.1.1 GTE will provide XXX a list of switches that can provide
customized routing using line class codes or similar method
(regardless of current capacity limitations). XXX will return
a list of these switches ranked in priority order. GTE will
return to XXX a schedule for customized routing in the
switches with existing capabilities and capacity.
11.1.2 Upon written request from XXX, GTE will provide XXX with
applicable charges, and terms and conditions, for providing OS
and DA, branding, and Customized Routing.
11.1.3 Subject to the above provisions, GTE will choose the method of
implementing customized routing of OS and DA calls.
11.1.4 The use of customized routing will require the purchase of a
trunk side port and dedicated facilities between the GTE end
office and the designated OS/DA platform. The rates for these
elements will be billed in accordance with Appendix F.
----------
12. Advanced Intelligent Network Access ("AIN"). GTE will provide XXX access
-------------------------------------------
to GTE AIN functionality from GTE's AIN SCP via GTE's local switch or ELI's
local switch.
13. Directory Assistance Listing. When XXX orders an unbundled port, XXX has
----------------------------
the option to submit a Directory Service Request ("DSR") to have the
listing included in GTE's
VII-13
Directory Assistance database. The applicable ordering charge will be
applied for processing the DSR.
14. Operational Support Systems ("OSS"). GTE shall provide OSS functions to
-----------------------------------
XXX for preordering, ordering, provisioning, and billing that are generally
available as described in Appendix H.
VII-14
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
1. Bona Fide Request Process.
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1.1 Intent. The Bona Fide Request process is intended to be used when XXX
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requests customized Service Orders for certain services, features,
capabilities or functionality defined and agreed upon by the Parties
as services to be ordered as Bona Fide Requests.
1.2 Process.
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1.2.1 A Bona Fide Request shall be submitted in writing by XXX and
shall specifically identify the need to include technical
requirements, space requirements and/or other such
specifications that clearly define the request such that GTE
has sufficient information to analyze and prepare a response.
1.2.2 Although not expected to do so, XXX may cancel a Bona Fide
Request in writing at any time prior to XXX and GTE agreeing to
price and availability. GTE will then cease analysis of the
request.
1.2.3 Within two (2) Business Days of its receipt, GTE shall
acknowledge in writing the receipt of the Bona Fide Request and
identify a single point of contact and any additional
information needed to process the request.
1.2.4 Except under extraordinary circumstances, within ten (10)
Business Days of its receipt of a Bona Fide Request, GTE shall
provide a proposed price and availability date, or it will
provide an explanation as to why GTE elects not to meet ELI's
request. If extraordinary circumstances prevail, GTE will
inform XXX as soon as it realizes that it cannot meet the ten
(10) Business Day response due date. XXX and GTE will then
determine a mutually agreeable date for receipt of the request.
1.2.5 Unless XXX agrees otherwise, all proposed prices shall be
consistent with the pricing principles of the Act, FCC and/or
the Commission. Payments for services purchased under a Bona
Fide Request will be made upon delivery, unless otherwise
agreed to by XXX, in accordance with the applicable provisions
of the Agreement.
1.2.6 Upon affirmative response from GTE, XXX will submit in writing
its acceptance or rejection of GTE's proposal. If at any time
an agreement cannot be reached as to the terms and conditions
or price of the request
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GTE agrees to meet, the Dispute resolution procedures described
in Article III hereunder may be used by a Party to reach a
resolution.
2. Transfer of Service Announcements. For services other than GTE resold and
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ported number services, when an end user customer transfers service from
one Party to the other Party, and does not retain its original telephone
number, the Party formerly providing service to the end user will provide,
upon request and if such service is provided to its own customers, a
referral announcement on the original telephone number. This announcement
will provide the new number of the customer and will remain in effect for
the same time period this service is provided to GTE's own end users. For
GTE resold and ported number services, GTE shall provide an intercept
referral on behalf of XXX.
3. Misdirected Calls. The Parties will employ the following procedures for
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handling any misdirected calls (e.g., Business office, repair bureau,
etc.).
3.1 To the extent the correct provider can be determined, each Party will
refer misdirected calls to the proper provider of local exchange
service. When referring such calls, both Parties agree to do so in a
courteous manner, at no charge.
3.2 For misdirected repair calls, the Parties will provide their
respective repair bureau contact number to each other on a reciprocal
basis and provide the end user the correct contact number.
3.3 In responding to misdirected calls, neither Party shall make
disparaging remarks about each other, nor shall they use these calls
as a basis for internal referrals or to solicit end users or to market
services.
4. 911/E911 Arrangements.
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4.1 Description of Service. XXX will install a minimum of two (2)
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dedicated trunks to GTE's 911/E911 selective routers (i.e., 911 tandem
offices) that serve the areas in which XXX provides Exchange Services,
for the provision of 911/E911 services and for access to all
subtending PSAPs. The dedicated trunks shall be, at a minimum, DS-0
level trunks configured as a 2-wire analog interface or as part of a
digital (1.544 Mbps) interface in which all circuits are dedicated to
9-1-1 traffic. Either configuration shall use CAMA type signaling
with multifrequency ("MF") tones that will deliver ANI with the voice
portion of the call. GTE will provide XXX with the appropriate CLLI
codes and specifications of the tandem office serving area or the
location of the primary PSAP when there is no 911 routing in that 911
district. If an XXX central office serves end users in an area served
by more than one (1) GTE 911/E911 selective router, XXX will install a
minimum of two (2) dedicated trunks in accordance with this Section to
each of such 911/E911 selective routers or primary PSAP.
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4.2 Transport. If XXX desires to obtain transport from GTE to the GTE 911
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selective routers, XXX may purchase such transport from GTE at the
rates set forth in Appendix G.
4.3 Cooperation and Level of Performance. The Parties agree to provide
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access to 911 /E911 in a manner that is transparent to the end user.
The Parties will work together to facilitate the prompt, reliable and
efficient interconnection of ELI's systems to the 911/E911 platforms,
with a level of performance that will provide the same grade of
service as that which GTE provides to its own end users. To this end,
GTE will provide documentation to XXX showing the correlation of its
rate centers to its E911 tandems at rates set forth in Appendix G.
4.4 Basic 911 and E911 General Requirements:
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4.4.1 Basic 911 and E911 provides a caller access to the appropriate
emergency service bureau by dialing a 3-digit universal
telephone number (911).
4.4.2 Where GTE has a 911 selective router installed in the network
serving the 911 district, GTE shall use subscriber data derived
from the Automatic Location Identification/Database Management
System (ALI/DMS) to selectively route the 911 call to the
Public Safety Answering Point (PSAP) responsible for the
caller's location.
4.4.3 All requirements for E911 also apply to the use of SS7 as a
type of signaling used on the interconnection trunks from the
local switch to an end office or a selective router.
4.4.4 Basic 911 and E911 functions provided to XXX shall be at least
at parity with the support and services that GTE provides to
its subscribers for such similar functionality.
4.4.5 Basic 911 and E911 access from Local Switching shall be
provided to XXX in accordance with the following:
4.4.5.1 GTE and XXX shall conform to all state regulations
concerning emergency services.
4.4.5.2 For E911, both XXX and GTE shall use their respective
service order processes to update access line
subscriber data for transmission to the database
management systems. Validation will be done via MSAG
comparison listed in Section 4.4.5.5.
4.4.5.3 If legally required by the appropriate jurisdiction,
GTE shall provide or overflow 911 traffic to be routed
to GTE Operator
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Services or, at ELI's discretion, directly to XXX Operator
Services.
4.4.5.4 Basic 911 and E911 access from the XXX local switch shall
be provided from GTE to XXX in accordance with the
following:
4.4.5.4.1 If required by XXX and technically feasible, GTE
shall interconnect direct trunks from the XXX
network to the E911 PSAP, or to the E911
selective routers as designated by XXX. Such
trunks may alternatively be provided by XXX.
4.4.5.4.2 In government jurisdictions where GTE has
obligations under existing Agreements as the
primary provider of the 911 System to the county
(i.e., "lead telco"), XXX shall participate in
the provision of the 911 System as follows:
4.4.5.4.2.1 Each Party shall be responsible for
those portions of the 911 System
for which it has control, including
any necessary maintenance to each
Party's portion of the 911 System.
4.4.5.4.2.2 XXX and GTE recognize that the lead
telco in a 911 district has the
responsibility of maintaining the
ALI database for that district.
Each company will provide its
access line subscriber records to
the database organization of that
lead telco. XXX and GTE will be
responsible for correcting errors
when notified by either the 911
district or its customer, and then
submitting the corrections to the
lead telco. Lead telco database
responsibilities are covered in
Section 4.4.5.5 of this Article.
4.4.5.4.2.3 XXX shall have the right to verify
the accuracy of information
regarding XXX customers in the ALI
database using methods and
procedures mutually agreed to by
the Parties. The fee for this
service shall be determined based
upon the agreed upon solution.
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4.4.5.4.3 If a Third Party is the primary service provider
to a 911 district, XXX shall negotiate
separately with such Third Party with regard to
the provision of 911 service to the agency. All
relations between such Third Party and XXX are
totally separate from this Agreement and GTE
makes no representations on behalf of the Third
Party.
4.4.5.4.4 If XXX or Affiliate is the primary service
provider to a 911 district, XXX and GTE shall
negotiate the specific provisions necessary for
providing 911 service to the agency and shall
include such provisions in an amendment to this
Agreement.
4.4.5.4.5 Interconnection and database access shall be at
rates as set forth in Appendix G.
4.4.5.4.6 GTE shall comply with established, competitively
neutral intervals for installation of
facilities, including any collocation
facilities, diversity requirements, etc.
4.4.5.4.7 In a resale situation, where it may be
appropriate for GTE to update the ALI database,
GTE shall update such database with XXX data in
an interval no less than is experienced by GTE
subscribers, or than for other carriers,
whichever is faster, at no additional cost.
4.4.5.5 The following are Basic 911 and E911 Database Requirements:
4.4.5.5.1 The ALI database shall be managed by GTE, but is
the property of GTE and any participating LEC or
CLEC which provides their records to GTE.
4.4.5.5.2 Copies of the MSAG shall be provided within five
(5) business days after the date the request is
received and provided on diskette or paper copy
at the rates set forth in Appendix G.
4.4.5.5.3 XXX shall be solely responsible for providing
XXX database records to GTE for inclusion in
GTE's ALI database on a timely basis.
4.4.5.5.4 GTE and XXX shall arrange for the automated
input and periodic updating of the E911 database
information
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related to XXX end users. GTE shall work
cooperatively with XXX to ensure the accuracy of
the data transfer by verifying it against the
Master Street Address Guide ("MSAG"). GTE shall
accept electronically transmitted files or
magnetic tape that conform to National Emergency
Number Association ("NENA") Version #2 format.
4.4.5.5.5 XXX shall assign an E911 database coordinator
charged with the responsibility of forwarding
XXX end user ALI record information to GTE or
via a third-party entity, charged with the
responsibility of ALI record transfer. XXX
assumes all responsibility for the accuracy of
the data that XXX provides to GTE.
4.4.5.5.6 GTE shall update the database within one (1)
business day of receiving the data from XXX. If
GTE detects an error in the XXX provided data,
the data shall be returned to XXX within one day
from when it was provided to GTE. XXX shall
respond to requests from GTE to make corrections
to database record errors by uploading corrected
records within one day. Manual entry shall be
allowed only in the event that the system is not
functioning properly.
4.4.5.5.7 GTE agrees to treat all data on XXX subscribers
provided under this Agreement as strictly
confidential and to use data on XXX subscribers
only for the purpose of providing E911 services.
4.4.5.5.8 GTE shall adopt use of a Carrier Code (NENA
standard five-character field) on all ALI
records received from XXX. The Carrier Code will
be used to identify the carrier of record in NP
configurations. The XXXX Xxxxxxx Code for XXX is
"XXX"; the XXXX Xxxxxxx Code for GTE is "GTE."
4.4.5.6 GTE and XXX will comply with the following requirements for
network performance, maintenance and trouble notification.
4.4.5.6.1 Equipment and circuits used for 911 shall be
monitored at all times. Monitoring of circuits
shall be done to the individual trunk level.
Monitoring shall be conducted by GTE for trunks
between the selective router and all associated
PSAPs.
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4.4.5.6.2 Repair service shall begin immediately upon
report of a malfunction. Repair service includes
testing and diagnostic service from a remote
location, dispatch of or in-person visit(s) of
personnel. Where an on-site technician is
determined to be required, a technician will be
dispatched without delay.
4.4.5.6.3 GTE shall notify XXX forty-eight (48) hours in
advance of any scheduled testing or maintenance
affecting XXX 911 service. GTE shall provide
notification as soon as possible of any
unscheduled outage affecting XXX 911 service.
4.4.5.6.4 All 911 trunks must be capable of transporting
Baudot Code necessary to support the use of
Telecommunications Devices for the Deaf
("TTY/TDDs").
4.4.5.7 Basic 911 and E911 Additional Requirements
4.4.5.7.1 All XXX lines that have been ported via INP
shall reach the correct PSAP when 911 is dialed.
Where GTE is the lead telco and provides the
ALI, the ALI record will contain both the XXX
number and GTE ported number. The PSAP attendant
shall see both numbers where the PSAP is using a
standard ALI display screen and the PSAP
extracts both numbers from the data that is
sent. GTE shall cooperate with XXX to ensure
that 911 service is fully available to all XXX
end users whose telephone numbers have been
ported from GTE, consistent with State
provisions.
4.4.5.7.2 XXX and GTE shall be responsible for reporting
all errors, defects and malfunctions to one
another. GTE and XXX shall provide each other
with a point of contact for reporting errors,
defects, and malfunctions in the service and
shall also provide escalation contacts.
4.4.5.7.3 XXX may enter into subcontracts with third
parties, including XXX Affiliates, for the
performance of any of ELI's duties and
obligations stated herein.
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4.4.5.7.4 Where GTE is the lead telco, GTE shall provide
XXX with notification of any pending selective
router moves within at least ninety (90) days in
advance.
4.4.5.7.5 Where GTE is the lead telco, GTE shall establish
a process for the management of NPA splits by
populating the ALI database with the appropriate
new NPA codes.
4.4.5.7.6 Where GTE is the lead telco, GTE shall provide
the ability for XXX to update 911 database with
end user information for lines that have been
ported via INP or LNP.
4.4.6 Basic 911 and E911 Information Exchanges and interfaces. Where GTE
is the lead telco:
4.4.6.1 GTE shall provide XXX access to the ALI Gateway which
interfaces to the ALI/DMS database. GTE shall provide
error reports from the ALI/DMS database to XXX within one
(1) day after XXX inputs information into the ALI/DMS
database. Alternately, XXX may utilize GTE or a Third
Party entity to enter subscriber information into the
database on a demand basis, and validate subscriber
information on a demand basis. The rates are set forth in
Appendix G.
4.4.6.2 GTE and XXX shall arrange for the automated input and
periodic updating of the E911 database information related
to XXX end users. GTE shall work cooperatively with XXX to
ensure the accuracy of the data transfer by verifying it
against the Master Street Address Guide ("MSAG"). GTE shall
accept electronically transmitted files or magnetic tape
that conform to National Emergency Number Association
("NENA") Version #2 format.
4.4.6.3 Updates to MSAG. Upon receipt of an error recording an XXX
subscriber's address from GTE, and where GTE is the lead
telco, it shall be the responsibility of XXX to ensure that
the address of each of its end users is included in the
Master Street Address Guide ("MSAG") via information
provided on ELI's Local Service Request ("LSR") or via a
separate feed established by XXX pursuant to Section
4.4.5.7 of this Article.
4.4.6.4 The ALI database shall be managed by GTE, but is the
property of GTE and all participating telephone companies.
The interface
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between the E911 Switch or Tandem and the ALI/DMS
database for XXX subscriber shall meet industry
standards.
4.5 Compensation. In situations in which GTE is responsible for
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maintenance of the 911 /E911 database and can be compensated for
maintaining ELI's information by the municipality, GTE will seek such
compensation from the municipality. GTE will seek compensation from
XXX only if and to the extent that GTE is unable to obtain such
compensation from the municipality. GTE shall charge XXX a portion of
the cost of the shared 911 /E911 selective router as set forth in
Appendix G.
5. Information Services Traffic.
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5.1 Billing and Collection and Information Service Traffic Remuneration.
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5.1.1 In the event GTE performs switching of Information Service
Traffic (i.e., 900-976, Internet, weather lines, sports
providers, etc.) associated with resale or unbundled network
elements for XXX, GTE shall provide to XXX the same call detail
records that GTE records for its own end users so as to allow
XXX to xxxx its end users. GTE shall not be responsible or
liable to XXX or any Information Service Provider for Billing
and Collection and/or any receivables of Information Service
Providers.
5.1.2 Notwithstanding and in addition to Article III, Section 24, GTE
shall be indemnified and held harmless by XXX from and against
any and all suits, actions, losses, damages, claims, or
liability of any character, type, or description, including all
expenses of litigation and court cost which may arise as a
result of the provisions contained in Section 5.1.1 supra. The
indemnity contained in this section shall survive the
termination of this Agreement, for whatever reason.
5.1.3 GTE agrees to notify XXX in writing within ten (10) working
days, by registered or certified mail, of any claim made
against GTE on the obligations indemnified against pursuant to
this Section 5.
5.1.4 It is understood and agreed that the indemnity provided for in
this Section 5 is to be interpreted and enforced so as to
provide indemnification of liability to GTE to the fullest
extent now or hereafter permitted by law.
5.2 900-976 Call Blocking. GTE shall not unilaterally block 900-976
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traffic in which GTE performs switching associated with resale or
unbundled network elements. GTE will block 900-976 traffic when
requested to do so, in writing, by XXX. XXX shall be responsible for
all cost associated with the 900-976 call blocking request. GTE
reserves the right to block any and all calls which may harm or damage
its network.
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5.3 Miscellaneous. GTE reserves the right to provide to any Information
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Service Provider a list of any and all Telecommunications
Providers doing business with GTE.
6. Telephone Relay Service. Local and intraLATA Telephone Relay Service
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("TRS") enables deaf, hearing-impaired, or speech-impaired TRS users to
reach other telephone users. With respect to resold services, ELI's end
users will have access to the state authorized TRS provider to the extent
required by the Commission, including any applicable compensation
surcharges.
7. Directory Assistance (DA) and Operator Services (OS). Where XXX is
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providing local service with its own switch, upon ELI's request GTE will
provide to XXX rebranded or unbranded directory assistance services and/or
operator services pursuant to separate contracts to be negotiated in good
faith between the Parties. If XXX so requests directory assistance
services and/or operator services, such contracts shall provide for the
following:
7.1 Directory Assistance Calls. GTE directory assistance centers shall
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provide number and addresses to XXX end users in the same manner that
number and addresses are provided to GTE end users. If information is
provided by an automated response unit ("ARU"), such information shall
be repeated twice in the same manner in which it is provided to GTE
end users. Where available, GTE will provide call completion to XXX
end users in the same manner that call completion is provided to GTE
end users. GTE will provide its existing services to XXX end users
consistent with the service provided to GTE end users.
7.2 Operator Services Calls. GTE operator services provided to XXX end
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users shall be provided in the same manner GTE operator services are
provided to GTE end users. In accordance with GTE practices and at
GTE rates, GTE will offer to XXX end users collect, person-to-person,
station-to-station calling, Third Party billing, emergency call
assistance, calling card services, credit for calls, time and charges,
notification of the length of call, and real time rating. GTE
operators shall also have the ability to quote XXX rates upon request
but only if there is appropriate cost recovery to GTE and to the
extent it can be provided within the technical limitations of GTE's
switches. GTE will provide its existing services to XXX end users
consistent with the service GTE provides to its own end users.
8. Directory Assistance Listings Information. GTE will include listings in
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its directory assistance database for XXX end users in the same geographic
area as GTE provides directory assistance for GTE end users as specified in
Article VI, Section 3.4.
8.1 GTE shall provide to XXX, at ELI's request, for purposes of XXX
providing XXX-branded directory assistance services to its local
customers, within sixty (60) Business Days after an order for such
tape is received, all published DA listings for that specific state
via magnetic tape. Such listings will be Confidential
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Information under this Agreement and XXX will use the listings only
for its directory assistance services to its end users. If XXX uses a
Third Party directory assistance service to its end users, XXX will
ensure that such Third Party likewise treats the listings as
Confidential Information under this Agreement, and uses them only for
such directory assistance. Changes to the DA Listing Information shall
be updated on a daily basis through the same means used to transmit
the initial list. DA Listing Information provided shall indicate
whether the customer is a residence or business customer. The rate to
be paid by XXX to GTE will be reasonable and mutually agreed.
8.2 The Parties will not release DA Listing Information that includes the
other Party's end user information to Third Parties without the other
Party's written approval. The other Party will inform the Releasing
Party if it desires to have the Releasing Party provide the other
Party's DA Listing Information to the Third Party, in which case, the
Releasing Party shall provide the other Party's DA Listing Information
at the same time as the Releasing Party provides the Releasing Party's
DA Listing Information to the Third Party. The rate to be paid by the
Releasing Party to the other Party shall be no more than the direct
costs of compiling such information. The other Party shall be
responsible for billing the Third Party.
8.3 The Parties will work together to identify and develop procedures for
database error corrections.
9. Directory Listings and Directory Distribution. XXX will be required to
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negotiate a separate agreement for directory listings and directory
distribution, except as set forth below, with GTE's directory publication
company.
Listings. XXX agrees to supply GTE on a regularly scheduled basis, at no
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charge, and in a mutually agreed upon format (e.g. Ordering and Billing
Forum developed), all listing information for ELI's subscribers who wish to
be listed in any GTE published directory for the relevant operating area.
Listing information will consist of names, addresses (including city, state
and zip code) and telephone numbers. Nothing in this Agreement shall
require GTE to publish a directory where it would not otherwise do so.
Listing inclusion in a given directory will be in accordance with GTE's
solely determined directory configuration, scope, and schedules, and
listings will be treated in the same manner as GTE's listings.
Distribution. Upon directory publication, GTE will arrange for the
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initial distribution of the directory to service subscribers in the
directory coverage area at no charge.
XXX will supply GTE in a timely manner with all required subscriber mailing
information including non-listed and non-published subscriber mailing
information, to enable GTE to perform its distribution responsibilities.
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10. Busy Line Verification and Busy Line Verification Interrupt. Each Party
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shall establish procedures whereby its operator assistance bureau will
coordinate with the operator assistance bureau of the other Party to
provide Busy Line Verification ("BLV") and Busy Line Verification and
Interrupt ("BLVI") services on calls between their respective end users.
Each Party shall route BLV and BLVI inquiries over separate inward operator
services trunks. Each Party's operator assistance bureau will only verify
and/or interrupt the call and will not complete the call of the end user
initiating the BLV or BLVI. Each Party shall charge the other for the BLV
and BLVI services at the rates contained in Appendix E, or if there is no
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applicable rate listed in Appendix E, at the rates in their respective
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tariffs.
11. SAG. GTE will provide to XXX upon request the Street Address Guide at a
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reasonable charge. Two companion files will be provided with the SAG which
lists all services and features at all LSOs, and lists services and
features that are available in a specific LSO.
12. Dialing Format Changes. GTE will provide reasonable notification to XXX of
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changes to local dialing format, i.e., 7 to 10 digit, by end office.
13. Operational Support Systems (OSS). GTE shall provide OSS functions to XXX
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for ordering, provisioning and billing that are generally available as
described in Appendix H attached to this Agreement. XXX shall pay GTE for
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access to GTE's OSS functions consistent with processes defined in Appendix
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H
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ARTICLE IX
COLLOCATION
1. Physical Collocation. GTE shall provide to XXX physical collocation of
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equipment pursuant to 47 CFR (S) 51.323 necessary for interconnection or
for access to unbundled network elements, provided that GTE may provide
virtual collocation in place of physical collocation, or in some cases deny
a particular collocation request entirely, if GTE demonstrates to the
Commission that physical collocation, or perhaps even virtual collocation,
is not practical because of technical reasons or space limitations, as
provided in Section 251(c)(6) of the Act. GTE will provide such
collocation for purposes of interconnection or access to unbundled network
elements pursuant to the terms and conditions in the applicable federal and
state EIS tariffs. GTE will work with XXX to install collocation
arrangements within the following schedule:
(1) GTE will respond to XXX within 10 days of receipt of a collocation
application as to space availability and if only the tariff rates are
applicable.
(2) If space is available but additional work beyond the tariff is
required, GTE will respond to XXX within 30 days of receipt of a
collocation application with any additional charges (e.g., environmental
conditioning charges).
(3) GTE will begin construction of the collocation space once GTE receives
50% of the nonrecurring charges from XXX.
(4) GTE will complete preparation of the collocation space for XXX within
90 days after GTE receives 50% of the nonrecurring charges from XXX, absent
extenuating circumstances beyond GTE's control (e.g., inability to obtain
necessary equipment from a vendor). XXX shall provide GTE with the
remaining 50% of the nonrecurring charges upon ELI's acceptance of the
prepared collocation space.
(5) If extenuating circumstances occur, GTE will immediately notify XXX of
those circumstances, and the Parties will negotiate a mutually acceptable
in-service date.
1.1 Space Planning. In addition to such provisions for space planning and
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reservation as may be set forth in the applicable GTE federal and
state EIS tariffs, the parties agree to the following terms and
conditions.
1.1.1 GTE has the right to reasonably reserve space within its
central offices for its own use. In order to retain reserved
space GTE must provide sufficient documentation and
justification for its future use. If GTE denies ELI's
application for initial or growth collocation space based on
reserving space for GTE's future needs, GTE must demonstrate to
the Commission proper justification for GTE's reservation of
space.
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1.1.2 GTE will notify XXX if it plans to build an addition to a
central office where XXX has collocated facilities, if such
addition would result in a material increase of space available
for collocation.
1.1.3 Should XXX submit to GTE a two-year forecast for space planning
for collocated facilities in a central office, GTE will, in
good faith, consider and discuss such forecast with XXX when
considering space planning or utilization decisions for such
central office; provided, however that any final space planning
or utilization decision shall be made by GTE in its sole
discretion in light of GTE requirements.
1.1.4 Subject to technical feasibility and space limitations, GTE
will make available at applicable federal and state EIS tariffs
such intraoffice facilities as may be necessary to accommodate
projected volumes of XXX traffic, or if GTE cannot provide such
facilities in a timely manner, XXX may arrange to have a third-
party contractor that is mutually acceptable to XXX and GTE
(including XXX if it is an approved GTE contractor) provision
the necessary facilities, as long as they meet or exceed GTE
standard technical specifications and requirements.
1.1.5 GTE shall not deny physical or virtual collocation to XXX on
the basis of insufficient space to accommodate a collocation
request if space could be made available for collocation in the
specific central office by removing obsolete and inactive or
substantially underutilized GTE transmission or other
equipment. If no currently vacant space is available and the
removal of such equipment is technically feasible, GTE and XXX
shall negotiate in good faith the terms and conditions of
removal of such equipment to make space available for
collocation, subject to any applicable requirements adopted by
the Commission or the FCC.
1.1.6 In the event that GTE demonstrates to the Commission that
insufficient space exists to accommodate ELI's request for
physical or virtual collocation in a particular GTE central
office, GTE will work with XXX to enable XXX to obtain
technically feasible and efficient interconnection or access
unbundled network elements. Alternatives include, but shall not
be limited to, mounting termination banks on GTE's Main
Distribution Frame to which XXX may establish connections with
its nearby facilities.
1.2 Connection to Customer Loops and Ports. Facilities for cross-
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connection to unbundled loops and ports shall be provided under the
applicable GTE federal tariff for Special Access Cross Connect, until
such time as a local tariff applicable to the facilities used for such
cross-connection is filed.
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1.3 Connection to Other Collocated Carriers. Subject to technical
---------------------------------------
feasibility and space limitations, XXX may interconnect with other
carriers collocated at a GTE central office at which XXX has
collocated facilities; provided, however, that XXX and such other
carriers must be collocated at the GTE central office for the primary
purpose of interconnecting with GTE or accessing GTE's unbundled
network elements. XXX may interconnect with other carriers collocated
at a GTE central office. XXX must provide GTE with written notice of
such interconnection and shall allow GTE ten (10) Business Days in
which to elect to provide the facilities necessary to accomplish such
interconnection. XXX and the other collocated carriers may provide
the necessary interconnection facilities only if GTE elects not to
provide such facilities, or if GTE cannot provision the
interconnection facilities within thirty (30) calendar days of ELI's
written notice, or if GTE fails to so elect within the ten (10)
Business Days after receipt of ELI's written notice. If GTE elects
and is able to provide interconnection facilities under this section,
GTE will provide this cross connection under the GTE federal tariff
for Special Access Cross Connect, until such time as a local tariff
applicable to the facilities used for such interconnection facilities
is filed, or pursuant to rates, terms, and conditions that the Parties
may negotiate.
1.4 Choice of Vendor. XXX may use the vendor of its choice to install,
----------------
maintain and repair equipment within ELI's collocated space. Access
by the employees, agents or contractors of such vendor shall be
subject to the same restrictions on access by employees, agents or
contractors of XXX imposed under the applicable GTE federal and state
EIS tariffs, including but not limited to certification and approval
by GTE.
1.5 Monitoring. Subject to technical feasibility and space limitations,
----------
XXX may extend its own facilities for remote monitoring of its
collocated equipment to its collocated space. XXX may request that
GTE provide the facilities necessary for such remote monitoring, at
which time GTE and XXX will negotiate in good faith the price, terms
and conditions of remote monitoring by GTE.
1.6 Phone Service. Upon ordering collocated space, XXX may order that its
-------------
collocation cage be provided with plain old telephone service (POTS)
commencing at such time as GTE has completed construction of the
collocated space. XXX shall pay separately for any ordered POTS
service.
1.7 Intraoffice Diversity. At ELI's request, GTE will provide diversity
---------------------
for ingress/egress fiber and power cables where such diversity is
available and subject to technical feasibility and space limitations.
1.8 Proprietary Information. The Parties shall protect all proprietary
-----------------------
information disclosed by XXX in any request for collocation or by GTE
in response to such request, to the extent required under this
Agreement and any other non-disclosure
IX-3
agreements existing as of the date XXX submits its request for
collocation space to GTE.
1.9 Notification of Modifications. GTE will notify XXX of modifications
-----------------------------
to collocation space in accord with the terms of applicable GTE state
and federal EIS tariffs. Upon completion of construction of ELI's
collocation space, GTE may not require XXX to modify its collocation
space or to pay any of the costs associated with modifications to
other collocation space. Additionally, GTE shall notify XXX when
major upgrades are made to the power plants supporting ELI's
collocation space or when any central office modification would impact
any service the Parties provide to each other or to their respective
end users. The following shall constitute such major upgrades:
(a) replacement of a rectifier;
(b) addition or replacement of a new fusing module;
(c) addition or replacement of a power distribution unit frame; or
(d) addition or replacement of modular rectifiers.
1.10 Drawings. When XXX orders collocation space, GTE and XXX will hold a
--------
GTE/Customer meeting in accord with applicable GTE state and federal
EIS tariffs. At such meeting, GTE will provide such drawings of GTE's
central office facility as may be necessary to adequately depict ELI's
proposed collocation space.
1.11 Construction of Space. GTE will construct ELI's collocation space in
---------------------
accord with the terms and conditions set forth in the applicable GTE
state and federal EIS tariff. In the alternative, XXX may arrange for
a third party contractor that is acceptable to GTE to construct the
collocation cage enclosure. Additionally, GTE agrees to the following
terms and conditions regarding construction of collocated space:
1.11.1 Space will be constructed in 100 square foot increments, but
GTE shall work with XXX to construct space in less than a 100
square foot increment if insufficient space exists. The
constructed space shall be designed so as to prevent
unauthorized access.
1.11.2 A standard 100 square foot cage shall have the following
standard features:
(a) eight-foot high, nine gauge chain link panels;
IX-4
(b) three of the panels listed at (a) above shall measure
eight by ten feet, the fourth panel shall measure eight by
seven feet;
(c) the door to the cage shall measure eight by three feet
and shall also consist of nine gauge chain link;
(d) the cage shall be provided with one padlock set, with GTE
retaining one master key;
(e) one ac electrical outlet;
(f) one charger circuit system;
(g) one electrical sub-panel;
(h) such additional lighting as may be necessary;
(i) one fire detection requirement evaluation;
(j) grounding for the cage consistent with COEI.
1.11.3 Modifications to the standard configuration set forth in
Section 1.11.2 can be made on an individual case basis. If
modifications are agreed upon and made by the Parties, GTE
will work with XXX to implement such additional modifications
as may be necessary to ensure that ELI's collocated space is
protected from unauthorized access.
1.11.4 At such time as construction of ELI's collocation space is
approximately 50 percent completed, GTE will give XXX
notification, and such notification shall include scheduled
completion and turnover dates. GTE shall provide XXX with
sufficient information to enable the Parties to establish firm
CLLI codes and to order cross connections for the equipment
XXX intends to locate in the space 30 days prior to the
scheduled implementation date. The cross-connect circuits
shall be provisioned in conjunction with the installation of
the collocation equipment.
1.11.5 GTE will conduct a walk through of the collocated space with
XXX within three (3) business days of completion of
construction of collocated space. Should XXX note any
deviations from the plan agreed upon by GTE and XXX at the
customer meeting, and if such deviations were not requested by
XXX or not required by law, GTE shall correct such deviations
at its own expense within 5 Business Days.
IX-5
1.12 Connection Equipment. XXX may provision equipment for the connection
--------------------
of XXX termination equipment, including but not limited to digital
loop carriers and associated equipment, to GTE equipment using either
of the following methods:
1.12.1 XXX may extend an electrical or optical cable from the
terminal within ELI's collocation cage and terminate that
cable at GTE's network.
1.12.2 XXX may install a patch panel within its collocation cage and
then hand the cabling to GTE to extend to and have GTE
terminate that cable at GTE's network.
1.13 Access to XXX Collocation Space. The terms and conditions of access
-------------------------------
to CLEC's collocation space shall be as set forth in applicable GTE
state and federal EIS tariffs. Additionally, GTE agrees that the
following terms and conditions shall apply to access:
1.13.1 GTE shall implement adequate measures to control access to
collocation cages.
1.13.2 Collocation space shall comply with all applicable fire and
safety codes.
1.13.3 Doors with removable hinges or inadequate strength shall be
monitored by an alarm connected to a manned site. All other
alarms monitoring XXX collocation space provided by GTE shall
also be connected to a manned site. XXX may, at its option,
provide its own intrusion alarms for its collocated space.
1.13.4 GTE shall control janitorial access to collocation cages, and
restrict such access to approved and certified employees,
agents or contractors.
1.13.5 GTE shall establish procedures for access to collocation cages
by GTE and non-GTE emergency personnel, and shall not allow
access by security guards unless such access comports with
this section and is otherwise allowed under applicable GTE
state and federal EIS tariffs.
1.13.6 GTE shall retain a master key to ELI's collocation space for
use only in event of emergency as detailed in applicable GTE
state and federal tariffs. At ELI's option, the Parties shall
review key control procedures no more frequently than once in
any twelve month period. At any time, XXX may elect to change
keys if it suspects key control has been lost, provided,
however, that GTE will be provided with a master key in accord
with this section.
1.13.7 Not more frequently than once a year, XXX may audit the
security and access procedures and equipment applicable to its
collocated space and the
IX-6
central office housing the collocation space. Access by personnel
necessary to conduct such an audit shall be limited as set forth
in applicable GTE state and federal EIS tariffs. Should XXX
identify deficiencies in security and access procedures and
equipment as a result of such audit, the cost, terms and
conditions of the correction of such deficiencies shall be
negotiated in good faith between the parties.
1.14 Common Collocation Space. Where sufficient space exists and upon
------------------------
request, GTE will provide for collocation on a shared or common space
basis, with each collocator's area defined within the common space.
Access to the common collocation space will be via a common entry
point, and each collocator shall be responsible to provide any
additional security measures to protect its equipment. To the extent
not inconsistent with these requirements, the remaining rates, terms,
and conditions for physical collocation in this Article shall apply to
common collocation arrangements.
2. Virtual Collocation. Subject to Section 1 of this Article, GTE will
-------------------
provide virtual collocation for purposes of interconnection or access to
unbundled network elements pursuant to the terms and conditions in the
applicable GTE federal and state EIS tariffs. In addition, the terms and
conditions set forth in this Section 2 shall apply to virtual collocation
provided to XXX.
2.1 Conversion from Virtual to Physical Collocation. Unless it is not
-----------------------------------------------
practical for technical reasons or because of space limitations, XXX
may convert a virtual collocation arrangement to a physical
collocation arrangement. ELI's request to do so shall be treated as a
new physical collocation request and XXX shall pay GTE at the
applicable tariff rates for construction and rearrangement of ELI's
equipment as well as all applicable tariffed physical collocation
recurring charges. To the extent technically feasible and efficient,
GTE shall retain the existing connections between its network and
ELI's collocated equipment as part of the conversion.
2.2 Conversion from Physical to Virtual Collocation. Unless it is not
-----------------------------------------------
practical for technical reasons or because of space limitations, XXX
may convert a physical collocation arrangement to a virtual
collocation arrangement. ELI's request to do so shall be treated as a
new virtual collocation request and XXX shall pay GTE at the
applicable tariff rates for construction and rearrangement of ELI's
equipment as well as all applicable tariffed virtual collocation
recurring charges. To the extent technically feasible and efficient,
GTE shall retain the existing connections between its network and
ELI's collocated equipment as part of the conversion. If XXX elects
to change to a virtual collocation arrangement pursuant to this
section, GTE will not refund previous payments for physical
collocation received from XXX. If another carrier occupies the
physical collocation space vacated by XXX, however, GTE shall remit to
XXX the net salvage value of the cage enclosure,
IX-7
ladder racking, and power cabling that was constructed in and up to
the space XXX vacated.
2.3 Vendors. Choice of vendors for equipment used for virtual collocation
-------
shall be under the terms and conditions set forth in the applicable
GTE federal and state EIS tariff. Upon request by XXX, GTE shall
provide a list of locally qualified vendors approved for the type of
equipment to be collocated. XXX shall not be precluded from
submitting a request to become an approved contractor with Regional
Contract Administrators, and GTE shall not deny that request solely on
the grounds that XXX is a CLEC.
2.4 Inspection. Upon provision of virtual collocation by GTE, the Parties
----------
shall agree on a mutually acceptable schedule whereby XXX may inspect
the equipment in its virtual collocation space.
3. Fixed Wireless Collocation. Where technically feasible and upon request,
--------------------------
GTE will provide to XXX physical collocation on the roof(s) of GTE central
office or wire center for fixed wireless equipment necessary for access to
unbundled network elements or interconnection of ELI's network facilities
to GTE's network. GTE shall provide such collocation in accordance with
its applicable federal and state EIS tariffs.
IX-8
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
To the extent required by the Act, GTE and XXX shall each afford to the other
access to the poles, ducts, conduits and rights of way it owns or controls on
terms, conditions and prices comparable to those offered to any other entity
pursuant to each Party's tariffs and/or standard agreements. Accordingly, GTE
and XXX shall execute pole attachment and conduit occupancy agreements in the
form set forth in Appendices I and J.
------------------
X-1
IN WITNESS WHEREOF, each Party has executed this Agreement to be upon approval
by the Commission in accordance with Section 252 of the Act. The "effective
date" of this Agreement for such purposes will be as established by the
Commission approval order.
GTE NORTHWEST INCORPORATED ELECTRIC LIGHTWAVE, INC.
By _____________________________________ By /s/ Xxxxxxx X. Xxxxxx
----------------------------------
Name Xxxxxx Xxxxxxxx Name Xxxxxxx X. Xxxxxx
-------------------------------
Title Assistant Vice President Title Director, Regulatory &
Wholesale Markets-Interconnection ------------------------------
Industry Affairs
Date ___________________________________ Date April 15, 1999
-------------------------------
** GTE Northwest Incorporated does not consent to this purported agreement
(which does not comply with the Federal Telecommunications Act of 1996) and does
not authorize any of its representatives to consent to it. The signature of a
GTE representative has been placed on this document only under the duress of an
order of the Oregon Public Utility Commission requiring such signature.
The filing of this arbitrated Agreement with the Oregon Public Utility
Commission is pursuant to Order No. 99-218, entered March 17, 1999, in Docket
No. ARB 91 and does not in any way constitute a waiver by either Electric
Lightwave, Incorporated or GTE Northwest Incorporated, of any right which any
such Party may have to seek review by a competent court, or to petition the
Oregon Public Utility Commission for reconsideration of, any determination
contained in the Order, or any provision included in this Agreement pursuant to
the Order.
In this document the Parties attempt to comply with the Order and reduce the
contractual language the substantive provisions and directives of the Order.
Nothing contained herein shall be construed or is intended to be a concession or
admission by either Party that any such provision of the Order or the language
herein complies with the duties imposed by the Telecommunications Act of 1996,
the decisions of the FCC and the Oregon Public Utility Commission, or other law,
and each Party thus expressly reserves its full right to assert and pursue
claims that the Order does not comport with applicable law.
APPENDIX A
This Appendix is intentionally blank for numbering consistency.
X-0
XXXXXXXX X
This Appendix is intentionally blank for numbering consistency.
B-1
APPENDIX C
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC
General. The rates contained in this Appendix C are the rates as defined in
------- ----------
Article V and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation. Any
amendment to this Appendix required as a result of any future Commission or
other proceedings shall be made according to the terms of the final Commission
and/or court order resolving that proceeding.
Each Party will xxxx the other Party as appropriate:
A. The Local Interconnection rate element that applies to Local Traffic on a
minute of use basis that each Party switches for termination purposes at
its wire centers. The local interconnection rate is $0.0058242.
B. The Tandem Switching rate element that applies to tandem routed Local
Traffic on a minute of use basis. The tandem switching rate is $0.0018106.
C. The Common Transport Facility rate element that applies to tandem routed
Local Traffic on a per minute/per mile basis. The Common Transport
Facility rate is $0.0000044.
D. The Common Transport Termination element that applies to tandem routed
Local Traffic on a per minute/per termination basis. The Common Transport
Termination rate is $0.0001519.
E. The Tandem Transiting Charge is comprised of the following rate elements:
Tandem Switching: = $0.0018106
Tandem Transport (10 mile average): 10 x $0.0000044 = $0.0000440
Transport Termination (2 Terminations): 2 x $0.0001519 = $0.0003038
Transiting Charge: $0.0021584
C-1
F. Initial Factors:
(1) PLU TBD
(2) Initial Proportionate Share Factor TBD
(3) Exempt Factor TBD
C-2
APPENDIX D
This Appendix is intentionally blank for numbering consistency.
D-1
APPENDIX E
SERVICES AVAILABLE FOR RESALE
This Appendix is intentionally left blank. At such time as XXX desires to resell
GTE services, the Parties agree to negotiate the rates and to amend this
Agreement accordingly, as specified in Article VI.
E-1
APPENDIX F
PRICES FOR UNBUNDLED ELEMENTS
General. The rates contained in this Appendix F are the rates as defined in
------- ----------
Article VII and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation. Any
amendment to this Appendix required as a result of any future Commission or
other proceedings shall be made according to the terms of the final Commission
and/or court order resolving that proceeding. This Appendix may be superseded by
the provisions in Article III, Section 46, and Appendices 46A and 46B. At such
time as XXX desires to obtain unbundled ports, local switching, and transport
from GTE, the Parties agree to negotiate the terms and conditions specified in
Article VII, Section 2.2.1 and to amend this Agreement accordingly. XXX shall
not obtain unbundled ports, local switching, and shared transport from GTE until
such amendment becomes effective.
GTE assesses a separate interim universal service fund surcharge for loops and
ports to provide continued universal service support that is implicit in GTE's
current retail services prices; and to respect the careful distinctions Congress
has drawn between access to UNEs, on the one hand, and the purchase at wholesale
rates of GTE services on the other. This surcharge is being addressed (or will
be addressed) by the Commission or a court of competent jurisdiction. The
parties agree that GTE will offer the port and loop UNEs at the rates set forth
below in Appendix F without the interim surcharge, but subject to the following
terms and conditions:
A. XXX agrees that within thirty (30) days after the effective date of a
Commission or court order affirming GTE's interim surcharge, XXX will (i)
begin paying the monthly interim surcharge in accord with Appendix F, and
(ii) make a lump sum payment to GTE of the total interim surcharges
retroactive to the effective date of this Agreement.
B. Notwithstanding any provision in this Agreement, GTE may, at its sole
discretion and at any time, seek injunctive or other relief (i) requiring
XXX to pay GTE's interim surcharge or (ii) requiring the Commission to
immediately impose the interim surcharge.
C. Nothing in this Agreement shall restrict or impair GTE from seeking
injunctive relief or any other remedy at any time and in any court
regarding GTE's interim surcharge or the Commission's rejection or
modification of GTE's interim surcharge.
Local Loops
2 Wire Analog Voice Grade Loop $ 32.00
4 Wire Analog Voice Grade Loop $ 50.00
F-1
2 Wire Digital Loop $ TBD
4 Wire Digital Loop $ TBD
DS-1 Loop $ TBD
DS-3 Loop $ TBD
Network Interface Device
Basic NID $ 1.90
12 x NID 2.00
Local Switching (must purchase port)
Ports
2 Wire Analog Line Port $ 5.30
2 Wire ISDN Digital Line Port $ TBD
DS-1 Digital Trunk Port $ 97.00
4 Wire ISDN Digital DS-1 Port $ TBD
Local Switching $0.0058242
Shared Transport
Transport Termination MOU/Term $0.0001519
Transport Facility MOU/Mile $0.0000044
Tandem Switching MOU $0.0018106
Vertical Features See Attached
Dedicated Transport
CLEC Dedicated Transport
2 Wire Voice $ 32.00
4 Wire Voice $ 50.00
DS1 Standard 1st System $ 200.00
DS1 Standard Add'l System $ 130.00
DS3 Optical Interface $ 1,000.00
Multiplexing
DS1 to Voice Multiplexing $ 212.76
DS3 to DS1 Multiplexing $ 400.00
Interoffice Dedicated Transport
Voice Facility Per ALM $ 4.28
Voice Facility Termination $ TBD
DS1 Facility Per ALM $ 5.00
DS1 Per Termination $ 37.94
DS3 Facility Per ALM $ 30.00
DS3 Per Termination $ 300.00
F-2
Databases and Signaling Systems
Signaling Links and STP
56 Kbps Links GTOC FCC-1 Tariff
DS-1 Link GTOC FCC-1 Tariff
Signal Transfer Point (STP) Port Term GTOC FCC-1 Tariff
Call Related Databases
Line Information Database (ABS-Queries) GTOC FCC-1 Tariff
Toll Free Calling Database (DB800 Queries) GTOC FCC-1 Tariff
Universal Service Fund (USF) Support Surcharge
Per Loop $ TBD
Per Port $ TBD
Non-Recurring Charges for Unbundled Services*
Service Ordering (loop or port)
Initial Service Order, per order $ 47.13
Transfer of Service Charges, per order $ 16.00
Subsequent Service Order, per order $ 23.97
Customer Service Record Research, per request $ 5.25
Installation
Unbundled Loop, per loop $ 11.40
Unbundled Port, per port $ 11.40
Loop Facility Charge, per order $ 69.58
This charge will apply when field work is required for establishment of new
unbundled loop service.
Monthly Recurring Charge for EIS
DS0 Level Connection Tariff
DS1 Level Connection Tariff
*These non-recurring charges are subject to updating in accordance with any
orders issued by the Oregon Public Utility Commission in Docket Nos. UT 138/139,
UM 874, or any successor dockets relating to GTE unbundled network element
prices.
F-3
OREGON UNBUNDLED VERTICAL FEATURES
--------------------------------------------------------------------------------------------------
VERTICAL FEATURES (Subject to Availability)
--------------------------------------------------------------------------------------------------
Three Way Calling $/line/month $1.13
--------------------------------------------------------------------------------------------------
Call Forwarding Variable $/line/month $1.23
--------------------------------------------------------------------------------------------------
Cut. Changeable Speed Calling 1-Digit $/line/month $0.90
--------------------------------------------------------------------------------------------------
Cut. Changeable Speed Calling 2-Digit $/line/month $0.92
--------------------------------------------------------------------------------------------------
Call Waiting $/line/month $0.73
--------------------------------------------------------------------------------------------------
Cancel Call Waiting $/line/month $0.25
--------------------------------------------------------------------------------------------------
Automatic Callback $/line/month $0.41
--------------------------------------------------------------------------------------------------
Automatic Recall $/line/month $0.32
--------------------------------------------------------------------------------------------------
Calling Number Delivery $/line/month $4.01
--------------------------------------------------------------------------------------------------
Calling Number Delivery Blocking $/line/month $0.62
--------------------------------------------------------------------------------------------------
Distinctive Ringing / Call Waiting $/line/month $1.96
--------------------------------------------------------------------------------------------------
Customer Originated Trace $/line/month $0.47
--------------------------------------------------------------------------------------------------
Selective Call Rejection $/line/month $2.53
--------------------------------------------------------------------------------------------------
Selective Call Forwarding $/line/month $2.94
--------------------------------------------------------------------------------------------------
Selective Call Acceptance $/line/month $7.43
--------------------------------------------------------------------------------------------------
Call Forwarding Variable CTX $/line/month $0.92
--------------------------------------------------------------------------------------------------
Call Forwarding Incoming Only $/line/month $0.26
--------------------------------------------------------------------------------------------------
Call Forwarding Within Group Only $/line/month $0.25
--------------------------------------------------------------------------------------------------
Call Forwarding Busy Line $/line/month $0.26
--------------------------------------------------------------------------------------------------
Call Forwarding Don't Answer All Calls $/line/month $0.48
--------------------------------------------------------------------------------------------------
Remote Call Forward $/line/month $1.11
--------------------------------------------------------------------------------------------------
Call Waiting Originating $/line/month $0.33
--------------------------------------------------------------------------------------------------
Call Waiting Terminating $/line/month $0.71
--------------------------------------------------------------------------------------------------
Cancel Call Waiting CTX $/line/month $0.25
--------------------------------------------------------------------------------------------------
Three Way Calling CTX $/line/month $1.38
--------------------------------------------------------------------------------------------------
Call Transfer Individual All Calls $/line/month $0.31
--------------------------------------------------------------------------------------------------
Add-on Consultation Hold Incoming Only $/line/month $0.25
--------------------------------------------------------------------------------------------------
Speed Calling Individual 1-Digit $/line/month $0.63
--------------------------------------------------------------------------------------------------
Speed Calling Individual 2-Digit $/line/month $0.64
--------------------------------------------------------------------------------------------------
Direct Connect $/line/month $0.42
--------------------------------------------------------------------------------------------------
Distinctive Alerting / Call Waiting Indicator $/line/month $1.46
--------------------------------------------------------------------------------------------------
Call Hold $/line/month $0.59
--------------------------------------------------------------------------------------------------
Semi-Restricted (Orig/Term) $/line/month $1.85
--------------------------------------------------------------------------------------------------
Fully-Restricted (Orig/Term) $/line/month $1.85
--------------------------------------------------------------------------------------------------
Toll Restricted Service $/line/month $0.26
--------------------------------------------------------------------------------------------------
Call Pick-up $/line/month $0.34
--------------------------------------------------------------------------------------------------
Directed Call Pick-up w/Barge-In $/line/month $0.40
--------------------------------------------------------------------------------------------------
F-4
---------------------------------------------------------------------------------------------
VERTICAL FEATURES (Subject to Availability)
---------------------------------------------------------------------------------------------
Directed Call Pick-up w/o Barge-In $/line/month $ 0.39
---------------------------------------------------------------------------------------------
Special Intercept Announcements $/line/month $ 8.49
---------------------------------------------------------------------------------------------
Conference Calling - 6-Way Station Cont. $/line/month $ 4.24
---------------------------------------------------------------------------------------------
Station Message Detail Recording $/line/month $ 1.61
---------------------------------------------------------------------------------------------
Station Message Detail Recording to Premises $/line/month $ 3.12
---------------------------------------------------------------------------------------------
Fixed Night Service - Key $/line/month $ 3.05
---------------------------------------------------------------------------------------------
Attendant Camp-on (Non-DI Console) $/line/month $ 1.36
---------------------------------------------------------------------------------------------
Attendant Busy Line Verification $/line/month $ 4.45
---------------------------------------------------------------------------------------------
Control of Facilities $/line/month $ 0.25
---------------------------------------------------------------------------------------------
Fixed Night Service - Call Forwarding $/line/month $ 0.32
---------------------------------------------------------------------------------------------
Attendant Conference $/line/month $12.88
---------------------------------------------------------------------------------------------
Circular Hunting $/line/month $ 2.95
---------------------------------------------------------------------------------------------
Preferential Multiline Hunting $/line/month $ 0.45
---------------------------------------------------------------------------------------------
Uniform Call Distribution $/line/month $ 3.42
---------------------------------------------------------------------------------------------
Stop Xxxx Key $/line/month $ 0.25
---------------------------------------------------------------------------------------------
Make Busy Key $/line/month $ 0.60
---------------------------------------------------------------------------------------------
Queuing $/line/month $ 1.10
---------------------------------------------------------------------------------------------
Automatic Route Selection $/line/month $ 0.35
---------------------------------------------------------------------------------------------
Facility Restriction Level $/line/month $ 0.25
---------------------------------------------------------------------------------------------
Expansive Route Warning Tone $/line/month $ 0.25
---------------------------------------------------------------------------------------------
Time-of-Day Routing Control $/line/month $ 0.31
---------------------------------------------------------------------------------------------
Foreign Exchange Facilities $/line/month $13.40
---------------------------------------------------------------------------------------------
Anonymous Call Rejection $/line/month $ 5.31
---------------------------------------------------------------------------------------------
Basic Business Group Sta-Sta ICM $/line/month $10.23
---------------------------------------------------------------------------------------------
Basic Business Group CTX $/line/month $ 1.76
---------------------------------------------------------------------------------------------
Basic Business Group DOD $/line/month $ 0.71
---------------------------------------------------------------------------------------------
Basic Business Auto ID Outward Dialing $/line/month $ 0.25
---------------------------------------------------------------------------------------------
Basic Business Group DID $/line/month $ 0.25
---------------------------------------------------------------------------------------------
Business Set Group Intercom All Calls $/line/month $ 7.55
---------------------------------------------------------------------------------------------
Dial Call Waiting $/line/month $ 0.57
---------------------------------------------------------------------------------------------
Loudspeaker Paging $/line/month $12.38
---------------------------------------------------------------------------------------------
Recorded Telephone Dictation $/line/month $13.28
---------------------------------------------------------------------------------------------
On-Hook Queuing for Outgoing Trunks $/line/month $ 4.46
---------------------------------------------------------------------------------------------
Off-Hook Queuing for Outgoing Trunks $/line/month $ 1.54
---------------------------------------------------------------------------------------------
Teen Service $/line/month $ 0.82
---------------------------------------------------------------------------------------------
Bg - Automatic Call Back $/line/month $ 0.83
---------------------------------------------------------------------------------------------
F-5
--------------------------------------------------------------------------------------------
VERTICAL FEATURES (Subject to Availability)
--------------------------------------------------------------------------------------------
Voice/Data Protection $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Authorization Codes for Afr $/line/month $ 0.36
--------------------------------------------------------------------------------------------
Account Codes for Afr $/line/month $ 0.59
--------------------------------------------------------------------------------------------
Code Restriction Diversion $/line/month $ 0.37
--------------------------------------------------------------------------------------------
Code Calling $/line/month $14.60
--------------------------------------------------------------------------------------------
Meet-Me Conference $/line/month $ 5.93
--------------------------------------------------------------------------------------------
Call Park $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Executive Busy Override $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Last Number Redial $/line/month $ 0.50
--------------------------------------------------------------------------------------------
Direct Inward System Access $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Authorization Code Immediate Dialing $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Bg - Speed Calling Shared $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Attendant Recall from Satellite $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Bg - Speed Calling 2-Shared $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Business Set - Call Pick-up $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Authorization Code for Mdr $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Locked Loop Operation $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Attendant Position Busy $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Two-Way Splitting $/line/month $ 0.84
--------------------------------------------------------------------------------------------
Call Forwarding - All (Fixed) $/line/month $ 1.75
--------------------------------------------------------------------------------------------
Business Group Call Waiting $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Music on Hold $/line/month $ 6.41
--------------------------------------------------------------------------------------------
Automatic Alternate Routing $/line/month $ 4.95
--------------------------------------------------------------------------------------------
DTMF Dialing $/line/month $ 0.25
--------------------------------------------------------------------------------------------
BG DTMF Dialing $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Business Set Access to Paging $/line/month $ 3.97
--------------------------------------------------------------------------------------------
Call Flip-Flop (Ctx-A) $/line/month $ 3.52
--------------------------------------------------------------------------------------------
Selective Calling Waiting (Class) $/line/month $ 2.80
--------------------------------------------------------------------------------------------
Direct Inward Dialing $/line/month $11.85
--------------------------------------------------------------------------------------------
Customer Dialed Account Recording $/line/month $ 3.37
--------------------------------------------------------------------------------------------
Deluxe Automatic Route Selection $/line/month $ 0.68
--------------------------------------------------------------------------------------------
MDC Attendant Console $/line/month $63.74
--------------------------------------------------------------------------------------------
Warm Line $/line/month $ 0.25
--------------------------------------------------------------------------------------------
Calling Name Delivery $/line/month $ 0.25
--------------------------------------------------------------------------------------------
F-6
APPENDIX G
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS
The following services are offered by GTE for purchase by XXX, where an
individual item is not superseded by a tariffed offering.
NRC MRC
--- ---
1. 9-1-1 Selective Router Map $125.00 n/a
Provided is a color map showing a selective
router's location and the GTE central offices
that send their 9-1-1 call to it. The selective
router and central office information will
include CLLI codes and NPA/NXXs served. The
map will include boundaries of each central office
and show major streets and the county boundary.
Permission to reproduce within XXX for its
internal use is granted without further fee.
2. 9-1-1 Selective Router Pro-Rata Fee/trunk $0 $100.77
This fee covers the cost of selective routing
switch capacity per trunk to cover investment to
handle the additional capacity without going to the
9-1-1 districts for additional funding.
3. PS ALI Software $790.80
A personal computer software program running on
Windows 3.1 for formatting subscriber records
into NENA Verison #2 format to create files for
uploading to GTE's ALI Gateway. Fee includes
software, warranty and 0 000 000-0000 support
at no additional cost.
G-1
NRC MRC
--- ---
4. ALI Gateway Service $135.00 $36.12
Interface for delivery of ALI records to GTE's
Data Base Management System. This provides a
computer access port for XXX to transmit
daily subscriber record updates to GTE for
loading into ALI databases. It includes
support at 0 000 000-0000 at no additional cost.
5. 9-1-1 Interoffice Trunk Tariff Tariff
This is a tariffed offering, to be found in each
state's Emergency Number Service Tariff.
6. ALI Database Tariff Tariff
This is a tariffed offering, to be found in each
state's Emergency Number Service Tariff.
7. Selective Router Database per Record Charge Tariff Tariff
Fee for each ALI record used in a GTE selective
router. This is a tariffed offering, to be found
in each state's Emergency Number Service Tariff.
8. MSAG Copy
Production of one copy of a 9-1-1 Customer's
Master Street Address Guide, postage paid.
a. Copy provided in paper format $238.50 $54.00
b. Copy provided in flat ASCII file
on a 3 1/2" diskette $276.00 $36.00
9. The following services are offered by GTE when
XXX Resells GTE's local exchange services, where an
Item is not superceded by a tariffed offering:
a. 911 Selective Router Map $125.00 N/A
Provided is a color map showing a Selective
router's location and the GTE Central offices
that send their 911 call to it.
G-2
The selective router and central office
Information will include CLLl codes and NPA/NXXs
Served. The map will include boundaries of each
central Office and show major streets and the
county Boundary. Permission to reproduce by XXX
for its Internal use is granted without further
fee. Non-tariffed price.
b. MSAG Copy
Production of one copy of a 911 Customer's
Master Street Address Guide, postage paid
1. Copy provided in proper format $238.50 $ 54.00
2. Copy provided in flat ASC11 file
On 3-1/2" diskette $276.00 $ 36.00
G-3
APPENDIX H
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE
1. Service Ordering, Service Provisioning, and Billing Systems Generally. The
----------------------------------------------------------------------
following describes generally the operations support systems that GTE will
use and the related functions that are available for ordering, provisioning
and billing for resold services, interconnection facilities and services
and unbundled network elements. Except as specifically provided otherwise
in this Agreement, service ordering, provisioning, billing and maintenance
shall be governed by the GTE Guide. Before orders can be taken, XXX will
provide GTE with its Operating Company Number ("OCN") and Company Code
("CC") as follows:
(a) XXX must provide its OCN (four-digit alpha-numeric assigned by
Bellcore or number administrator) on the ALEC Profile. The GTE Guide
provides the necessary information for XXX to contact Bellcore to obtain
the OCN. There are no optional fields on the Profile.
(b) Before the Local Service Request ("LSR") and Directory Service Request
("DSR") order forms can be processed XXX must provide the OCN and Customer
Carrier Name Abbreviation ("CCNA").
1.1 Operations Support Systems for Trunk-Side Interconnection
---------------------------------------------------------
1.1.1 XXX will be able to order trunk-side interconnection services
and facilities from GTE through a direct electronic interface
over the GTE Network Data Mover ("NDM") in a nondiscriminatory
manner. Orders for trunk-side interconnection will be initiated
by an Access Service Request ("ASR") sent electronically by XXX
over the NDM. ASRs for trunk-side interconnection will be
entered electronically into GTE's Carrier Access Management
System ("CAMS") to validate the request, identify any errors,
and resolve any errors back to XXX. CAMS is a family of GTE
systems comprised primarily of EXACT/TUF, SOG/SOP, and CABS.
1.1.2 The use of CAMS to support ELI's requests for trunk-side
interconnection will operate in the following manner: GTE will
route the ASR through its data center to one of two National
Access Ordering Centers ("NACC"). The ASR will be entered
electronically into the EXACT/TUF system for validation and
correction of errors. Errors will be referred back to XXX. XXX
then will correct any errors that GTE has identified and
resubmit the request to GTE electronically through a
supplemental ASR, without
H-1
penalty or charge (e.g., order modification charge) to XXX.
Similarly, errors committed by GTE subsequent to the receipt of
a valid ASR from XXX will be expeditiously identified and
corrected by GTE without the need for ELI's submission of a
supplemental ASR. GTE then will translate the ASR into a
service order for provisioning and billing.
1.1.3 At the next system level, translated service orders will be
distributed electronically through the SOG/SOP systems to
several destinations. The SOG/SOP system will begin the actual
provisioning of the service for XXX. Other GTE provisioning
systems are CNAS and ACES. The GTE Database Administrative
Group ("DBA") and the Special Services Control Center ("SSCC")
will be the two most important destinations at this level. The
DBA location will identify codes for the appropriate GTE switch
in order to provide the functions required by the ASR. The SSCC
will provide the engineering for the facilities over which the
services will be handled. Information from these two groups
(and others) then will be transmitted electronically to GTE's
field service personnel (Customer Zone Technicians or "CZTs")
who will establish the trunks and facilities, thus connecting
the GTE facilities to a connecting company, if one is required,
and to XXX. GTE's CZTs also will contact XXX directly to
perform testing, and upon acceptance by XXX, will make the
necessary entries into the GTE system to complete the order.
The completed orders then will pass to GTE's Carrier Access
Billing System ("CABS") which will generate the xxxx to XXX.
The billing process under CABS requires coordination with
several other systems.
1.1.4 Billing for transport and termination services cannot be
accomplished without call records from GTE's central office
switches. Records of usage will be generated at GTE's end
office switches or the access tandems. Call usage records will
be transmitted electronically from GTE's switches through GTE's
Billing Intermediate Processor ("BIP"). This system will
collect the call records, perform limited manipulations to the
record and transfer them to a centralized data center where
they will be processed through the Universal Measurement System
("UMS") to determine the validity and accuracy of the records.
UMS also will sort the records and send them to the CABS
billing system, from which GTE will produce a xxxx and send it
to XXX.
1.2 Operations Support Systems for Resold Services and Unbundled Elements
---------------------------------------------------------------------
H-2
1.2.1 XXX will also be able to order services for resale and
unbundled network elements, as well as interim number
portability, directly from GTE through an electronic interface.
To initiate an order for these services or elements, XXX will
submit a Local Service Request ("LSR") from its data center to
GTE's Data Center using the same electronic NDM interface used
for trunk-side interconnection. If no NDM interface exists or
if XXX chooses to establish a separate NDM interface, XXX must
request an NDM facility. For new entrants that elect not to
interface electronically, GTE will accommodate submission of
LSR orders by facsimile, E-mail, Internet or a dial NDM
arrangement. An LSR is very similar to an ASR, except that it
will be used exclusively for line-side interconnection
requests. GTE will transfer LSRs to GTE's NOMC centralized
service order processing center electronically.
1.2.2 Most LSRs will be used either to transfer an existing GTE
customer to XXX or to request service for a new customer who is
not an existing GTE customer. Depending on the situation,
different information will be required on the LSR. LSRs for a
conversion of a GTE local customer to XXX must include
information relating to all existing, new and disconnected
services for that customer, including the customer's name, type
of service desired, location of service and features or options
the customer desires. XXX will be able to obtain this customer
information after GTE has received the customer's written
consent as specified in Article VI.3.3. For service to a new
customer who is not an existing GTE customer, the LSR must
contain the customer's name, service address, service type,
services, options, features and XXX data. If known, the LSR
should include the telephone number and due date/desired due
date.
1.2.3 While XXX would have its own customer information and may have
the SAG/GTE products on tape from GTE, XXX would not have the
due date or new telephone number for new customers since that
information is contained in GTE's systems. Therefore, a process
is required to provide this information to XXX. GTE itself does
not have uniform access to this information electronically.
Until GTE and XXX have agreed and established electronic
interfaces, XXX agrees that a toll free number is the method
that will be used. The toll free telephone number will connect
XXX directly to GTE's NOMC service representatives. When XXX
receives a request for basic services from a new local service
customer, XXX will call GTE's NOMC through the toll free
number, and, while the new customer is on hold, GTE will
provide the due date for service and the new
H-3
telephone number for that customer. At the same time, XXX will
give GTE the new customer's name, service address and type of
requested service (i.e., X0, X0). GTE will enter that
information into its SORCES or SOLAR service ordering systems
to be held in suspense until XXX sends the confirming LSR. XXX
will then return to its customer holding on the line and
provide the due date and new telephone number.
1.2.4 After concluding the telephone call with the new customer, XXX
will complete a confirming LSR for the new service and send it
electronically to GTE's data center for processing. Upon
receipt, GTE will match the LSR with the service order
suspended in GTE's system, and if there is a match, GTE will
process the LSR. After the LSR is processed, GTE will transmit
confirmation electronically to XXX through the NDM that the LSR
has been processed, providing a record of the telephone number
and due date. XXX will be required to submit the confirming LSR
by 12:00 p.m. each day local time, as defined by the location
of the service address. If XXX fails to submit the LSR in a
timely manner, the suspended LSR will be considered in
jeopardy, at which time GTE will assign a new due date upon
receipt of the delayed LSR for such customer requests and
notify XXX of the change.
1.2.5 Number assignments and due date schedules for services other
than single line service and xxxx groups up to 12 lines will be
assigned within approximately twenty-four (24) hours after
GTE's receipt of the LSR using the standard Local Service
Confirmation ("LSC") report sent electronically to XXX over the
NDM, thereby providing a record of the newly established due
date. An exception would be a multi-line xxxx group for 12
lines or fewer. The other numbers then will be provided through
the normal electronic confirmation process.
1.2.6 The processing of specifically requested telephone numbers
(called "vanity numbers") is as follows. GTE will work with XXX
on a real time interface to process vanity numbers while ELI's
customer is still on the line. If a number solution can be
established expeditiously, it will be done while the customer
is still on the line. If extensive time will be required to
find a solution, GTE service representatives will work with XXX
representatives off line as GTE would for its own customers.
For all of this, the basic tariff guidelines for providing
telephone numbers will be followed.
H-4
1.2.7 Once the order for line-side interconnection service is
established, it is moved for provisioning to the next system
level. Here, GTE will validate and process the LSR to establish
an account for XXX and, if GTE continues to provide some
residual services to the customer, GTE will maintain a GTE
account. In GTE's system, GTE's account is called the Residual
Account and ELI's account is referred to as the XXX Account. If
any engineering for the service is necessary, the account would
be distributed to the SSCC. Otherwise, it will be distributed
for facility assignment.
1.2.8 With the account established and any engineering and facility
assignment complete, GTE then will transmit electronically a
record to GTE's CZT field personnel if physical interconnection
or similar activity is required. The CZTs will provision the
service and then electronically confirm such provision in the
SOLAR/SORCES system when completed. The accounts then will be
transmitted to GTE's Customer Billing Services System ("CBSS").
GTE shall provide to XXX a service completion report. Call
records for actual service provided to ELI's customers on GTE
facilities will be transmitted from GTE's switches through some
usage rating systems (BIP, UMS), screened and eventually
delivered to CBSS for the generation of bills.
1.2.9 CBSS is a different system than CABS, and it is the one that
GTE will utilize to produce the required bills for resold
services, unbundled elements and local number portability. CBSS
will create a xxxx to XXX for resold services and unbundled
elements along with a summary xxxx master. Daily unrated
records for intraLATA toll usage and local usage (incollect
usage data will be provided on rated basis) on ELI's accounts
will be generated and transmitted electronically to XXX.
1.2.10 On resold accounts, GTE will provide usage in EMR format per
existing file exchange schedules. The usage billing will be in
agreed upon level of detail for XXX to issue a xxxx to its end
users.
1.2.11 GTE will provide XXX with detailed monthly billing information
in a paper format until an agreed upon Electronic Data
Interchange 811 electronic xxxx format is operational.
1.2.12 State or sub-state level billing will include up to ten (10)
summary xxxx accounts.
H-5
1.2.13 GTE accepts ELI's control reports and agrees to utilize
industry standard return codes for unbillable messages.
Transmission will occur via the NDM. Tape data will conform to
Attachment "A" of the LRDTR. Data will be delivered Monday
through Friday except for Holidays as agreed. Data packages
will be tracked by invoice sequencing criteria. GTE contacts
will be provided for sending/receiving usage files.
1.2.14 GTE will retain data backup for 45 Business Days.
1.2.15 In addition to the LSR delivery process, XXX will distribute
directory assistance and directory listing information
(together sometimes referred to hereafter as "DA/DL
information") to GTE via the LSR ordering process over the
NDM. GTE will provide listings service via its "listing
continuity" offering.
1.2.16 Charges and credits for PIC changes ordered via an LSR will
appear on the wholesale xxxx. As XXX places a request for a
PIC change via LSR, the billing will be made on XXX account
associated with each individual end user. GTE will process all
PIC changes from IXCs that are received for XXX end users by
rejecting back to the IXC with the XXX OCN. Detail is provided
so that XXX can identify the specific charges for rebilling to
their end user.
1.2.17 CMDS. The parties will provide for the distribution of
-----
intraLATA CMDS incollect messages and/or selected local
measured service messages as follows:
1.2.17.1 Messages to be Screened. GTE receives CMDS I
-----------------------
transmissions containing intraLATA incollect
messages from the state RBOC CMDS host each business
day. Per ELI's request, GTE will screen the
incollects by NPA and line number and accumulate the
Collect, Third Number Billed and Credit Card
(collectively called incollects) messages in a data
file. The screening will be for end users who have
chosen XXX as their local service provider through a
Resale or Unbundled Network arrangement. The
screened incollect messages and any Local Measured
Service (LMS) usage will be accumulated and
forwarded to XXX. The Parties will mutually agree on
the frequency of the data exchange and the method of
transmission (i.e., magnetic tape or direct
electronic transmission). GTE will forward the
screened messages in the industry standard EMR
format. GTE intraLATA
H-6
toll messages that are recorded by GTE and dialed on
a one plus or zero plus basis are not part of this
section and will not be screened.
1.2.17.2 Compensation. GTE will xxxx XXX monthly for all
------------
services related to the screening, accumulating,
processing and transmitting of incollect messages
and LMS usage, if applicable, at a reasonable and
mutually agreeable charge. In addition, any message
processing fee associated with ELI's incollect
messages that are charged to GTE by the CMDS Host
will be passed on to XXX on the monthly statement.
All revenue, surcharges, taxes and any other amounts
due to the CMDS Host for ELI's incollect messages
will be billed on the monthly statement. It is ELI's
responsibility to xxxx and collect all incollect and
LMS amounts due from its end users. The incollect
and LMS revenue amounts that are listed on the
monthly invoice are payable to GTE in total. The
Parties agree that the arrangement for invoicing the
incollect and LMS revenue amounts due GTE is not a
settlement process with XXX.
1.2.17.3 Administration. The Parties agree to develop a
--------------
process whereby ELI's end user information is
available in a timely manner to allow GTE to build
tables to screen the CMDS incollect files and LMS
files on behalf of XXX.
1.2.18 Backbilling. GTE shall xxxx XXX on a timely basis. In no
-----------
case shall GTE xxxx XXX for previously unbilled charges that
are for more than six months prior to the current xxxx date.
1.3 Order Processing.
----------------
1.3.1 Order Expectations. XXX agrees to warrant to GTE that it is a
-------------------
certified provider of telecommunications service. XXX will
document its Certificate of Operating Authority on the CLEC
Profile and agrees to update this CLEC Profile as required to
reflect its current certification. The Parties agree to
exchange and to update end user contact and referral numbers
for order inquiry, trouble reporting, billing inquiries, and
information required to comply with law enforcement and other
security agencies of the government. The Parties also agree to
exchange and to update internal order, repair and billing point
of contacts. Prior to submitting an order
H-7
under this Agreement, XXX shall obtain such documentation as
may be required by state and federal laws and regulations.
1.3.2 GTE shall provide XXX with a specified customer contact center
for purposes of placing service orders and coordinating the
installation of services. These activities shall be
accomplished by telephone call or facsimile until electronic
interface capability has been established. The Parties adopt
the OBF LSR and DSR forms for the ordering, confirmation and
billing of resale and unbundled services. The Parties adopt the
OBF ASR forms for the ordering, confirmation and billing of
trunk-side interconnection.
1.3.3 GTE will process such service orders during normal operating
hours, at a minimum on each Business Day between the hours of 8
a.m. to 8 p.m. Eastern Time and shall implement service orders
within the same time intervals used to implement service orders
for similar services for its own users.
1.3.4 GTE will provide current GTE customer proprietary network
information (name, address, telephone number and description of
services provided by GTE including PIC and white page directory
listing information) as provided in Article VI, Section 3. The
return of customer information will be via facsimile or via
electronic transmission.
1.3.5 Transfer Between Local Service Providers - GTE will provide a
displacement/out service report to a Local Service Provider
(LSP) whenever an end user leaves that LSP and procures service
from another LSP. When an XXX end user changes to another LSP,
GTE will notify XXX when such activity occurs.
2. Maintenance Systems.
2.1 General Overview
2.1.1 If XXX requires maintenance for its local service customers,
XXX will initiate a request for repair (sometimes referred to
as a "trouble report") by calling GTE's Customer Care Repair
Center. During this call, GTE service representatives will
verify that the end-user is an XXX customer and will then
obtain the necessary information from XXX to process the
trouble report. While the XXX representatives are still on the
line, GTE personnel will perform an initial analysis of the
problem and remote line testing for
H-8
resale services. If engineered services are involved, the call
will be made to the GTE SSCC for handling. If no engineering is
required and the line testing reveals that the trouble can be
repaired remotely, GTE personnel will correct the problem and
close the trouble report while XXX representatives are still on
the line. If on-line resolution is not possible, GTE personnel
will provide XXX representatives a commitment time for repair,
and the GTE personnel then will enter the trouble ticket into
the GTE service dispatch queue. ELI's repair service commitment
times will be within the same intervals as GTE provides to its
own end users. Maintenance and repair of GTE facilities is the
responsibility of GTE and will be performed at no incremental
charge to XXX. If, as a result of an XXX-initiated trouble
report, trouble is found to be the responsibility of XXX (e.g.,
non-network cause) GTE will charge XXX for trouble isolation.
XXX will have the ability to report trouble for its end users
to appropriate trouble reporting centers 24 hours a day, 7 days
a week. XXX will be assigned a customer contact center when
initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be
processed in essentially the same manner as those by the GTE
Customer Care Center. GTE personnel will analyze the problem,
provide the XXX representative with a commitment time while
they are still on the line, and then place the trouble ticket
in the dispatch queue.
2.1.3 GTE then will process all XXX trouble reports in the dispatch
queue along with GTE trouble reports in the order they were
filed (first in, first out), with priority given to out-of-
service conditions. If, at any time, GTE would determine that a
commitment time given to XXX becomes in jeopardy, GTE service
representatives will contact XXX by telephone to advise of the
jeopardy condition and provide a new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted
electronically to GTE CZT service technicians who will repair
the service problems and clear the trouble reports. For cleared
XXX trouble reports, GTE service technicians will make a
telephone call to XXX directly to clear the trouble ticket. GTE
service technicians will make the confirmation call to the
telephone number provided by XXX. If XXX is unable to process
the call or places the GTE technician on hold, the call will be
terminated. To avoid disconnect, XXX may develop an answering
system, such as voice mail, to handle the confirmation calls
expeditiously.
H-9
2.1.5 GTE will provide electronic interface access to operation
support systems functions which provide the capability to
initiate, status and close a repair trouble ticket. GTE will
not provide to XXX real time testing capability on XXX end user
services. GTE will not provide to XXX an interface for network
surveillance (performance monitoring).
2.1.6 GTE will resolve repair requests by or for XXX local service
customers using GTE's existing repair system in parity with
repair requests by GTE end users. GTE will respond to service
requests for XXX using the same time parameters and procedures
that GTE uses. XXX then would call GTE's Customer Care Center
or SSCC while the customers were on hold.
2.2 Network Management Controls.
2.2.1 Network Maintenance and Management. The Parties will work
----------------------------------
cooperatively to install and maintain a reliable network.
2.2.2 Neither Party shall be responsible to the other if necessary
changes in network configurations render any facilities of the
other obsolete or necessitate equipment changes.
2.2.3 Network Management Controls. Each Party shall provide a 24-
---------------------------
hour contact number for Network Traffic Management issues to
the other's network surveillance management center. A fax
number must also be provided to facilitate event notifications
for planned mass calling events. Additionally, both Parties
agree that they shall work cooperatively that all such events
shall attempt to be conducted in such a manner as to avoid
degradation or loss of service to other end users. Each Party
shall maintain the capability of respectively implementing
basic protective controls such as "Cancel To" and "Call Gap."
3. Electronic Interface. The Parties shall work cooperatively in the
--------------------
implementation of electronic gateway access to GTE operational support
systems functions in the long-term in accordance with established industry
standards and any FCC and Commission requirements.
3.1 XXX shall have immediate access to the following OSS electronic
interfaces that will provide functionality to enable XXX to service
customers in an equal and non-discriminatory manner:
H-10
3.1.1 Pre-Order functions, e.g., TN Assignment, DD Reservation,
Address Validation, Product Availability, that are available on
a dial-up or dedicated basis using the Secure Integrated
Gateway System (SIGS).
3.1.2 Order functions that are available on a dial-up or dedicated
basis using CONNECT: Mail file transfer.
3.1.3 Repair functions, e.g., trouble report repair functions, to
allow XXX to determine status and close trouble reports.
3.1.4 Electronic transfer of the ELI bill in electronic data 811
format.
3.2 XXX may migrate to fully interactive system to system
interconnectivity. GTE, with input from XXX and other carriers, shall
provide general interface specifications for electronic access to this
functionality. These specifications will be provided to enable XXX to
design system interface capabilities. Development will be in
accordance with applicable national standards committee guidelines.
Such interfaces will be available as expeditiously as possible.
3.3 XXX shall pay the costs and expenses for any new or modified
electronic interfaces XXX requests that are unique to XXX and that GTE
determines are technically feasible and GTE agrees to develop to the
extent authorized by the FCC or the Commission; Provided, however, in
the event that other LECs subsequently request any specific and unique
interface for which GTE has previously been paid by XXX, for the first
ten such LECs, GTE shall reimburse XXX for a pro rata portion of the
amount previously paid by XXX, to the extent GTE is reimbursed by the
LEC(s) for such interface. Costs for development of systems intended
for common use by competing carriers will be assessed pursuant to the
method of cost recovery authorized or established by the FCC or the
Commission or based on a mutually agreed method of cost recovery.
3.4 XXX shall be responsible for modifying and connecting any of its pre-
ordering and ordering systems with GTE-provided interfaces as
described in this Appendix.
4. GTE Initiated Electronic System Redesigns. GTE will not charge XXX when
-----------------------------------------
GTE initiates its own electronic system redesigns/reconfigurations.
H-11
APPENDIX I
SS7 SERVICES
ARTICLE 1.
DEFINITIONS
In addition to the definitions contained elsewhere in the Agreement to which
this Appendix I is attached and made a part, for purposes of this Appendix I the
---------- ----------
following terms shall have the following meanings.
1.1 "A" Link: An access signaling link that connects SPs and/or SSPs to STPs.
--------
1.2 "B" Link: A bridge signaling link that connects two (2) sets or pairs of
--------
STPs, not the STPs within a mated pair, but on the same hierarchical level.
1.3 Compatibility Testing: Certification testing performed by representatives
---------------------
of GTE and XXX to ensure proper interconnection of CCS network facilities
for accurate transmission of system signals and messages. This
certification testing shall be performed in accordance with the following
ANSI documents:
T1.234 Telecommunications - Signaling System Number 7 (SS7) - MTP Levels 2
and 3 Compatibility Testing (ATIS)
T1.235 Telecommunications - Signaling System Number 7 (SS7) - SCCP Class 0
Compatibility Testing (ATIS)
T1.236 Telecommunications - Signaling System Number 7 (SS7) - ISDN User
Part Compatibility Testing (ATIS)
1.4 Service: The service described in Article 2 of this Appendix.
-------
1.5 Signaling Link: An end-to-end high-capacity data link (56 kbps) that
--------------
transmits supervision and control signals from one network SS7 node to
another in a CCS network. The link type identifies the functionality of
the signaling link sets. The two link types associated with the Service
are "A" Links and "B" Links.
1.6 Signaling Point Code (SPC): A code that identifies the Signaling Point
--------------------------
address in the CCS network. Signaling Point Codes consist of three (3)
segments of three (3) digits each, identifying the network ID, network
cluster, and cluster member, respectively.
1.7 Signaling Point of Interface (SPOI): The point at which GTE hands off
-----------------------------------
signaling information to XXX.
I-1
ARTICLE 2.
SERVICE DESCRIPTION
2.1 Provision. Subject to the terms and conditions of this Appendix, GTE
---------
agrees to provide the Service to XXX.
2.2 Interconnection. This Agreement is for ELI's interconnection with GTE at
---------------
GTE's __________ STPs to support local exchange services. XXX shall not
submit signaling messages in support of interexchange services.
2.3 Service. The "Service" consists of the following:
-------
(a) Interconnection of GTE's CCS/SS7 network to ELI's CCS/SS7 network is
via an "A" Link connection between ELI's SP or SSP and GTE's STP. The
"A" Link connection is made by a dedicated 56 kbps channel between the
SP or SSP and the STP. Any connection from an SSP or an SP to an STP
pair will have a link to each individual STP (i.e., two (2) links).
XXX and GTE shall mutually agree upon the location of the SPOI.
(b) Interconnection of GTE's CCS/SS7 network to ELI's CCS/SS7 network via
a "B" Link connection between ELI's STPs and GTE's STPs. The "B" Link
connection is a dedicated 56 kbps channel. Connections between two
(2) pairs of STPs will have four (4) connections; i.e., one (1) link
from each individual STP to each individual STP. XXX and GTE shall
mutually agree upon the location of the SPOI.
(c) Local and IntraLATA call set-up signaling, allowing XXX to use the
out-of-band trunk signaling provided by GTE's CCS/SS7 network to carry
its calls on the intraLATA toll network.
(d) The Service shall include access to: (1) all switching systems served
by a given STP which have been converted to SS7 signaling, including
switching systems owned by other local service providers; (2)
databases directly connected to a given STP, with the exception of
800/888 databases which can be accessed through any STP; (3) other
local service provider STPs on an intraLATA basis; and (4) other Third
Party local service provider STPs on an intraLATA basis.
(e) It is the responsibility of XXX to populate the "privacy indicator"
portion of all SS7 signaling messages forwarded to GTE's network. GTE
agrees to deliver the information forwarded by XXX in the SS7
signaling message. XXX, by entering
I-2
into this Agreement, agrees to deliver "privacy indicator" information
forwarded by GTE in its signaling message.
(f) XXX acknowledges that call set-up times may be greater when XXX
employs intermediate access tandems (IATs) in its network.
(g) If selected on the order form attached to this Appendix, the Service
shall also include IXC call set-up signaling service (ISUP) as
described in Article 2.4 of this Appendix. Additional charges as set
forth in Exhibit A shall apply.
2.4 ISUP Service Charge. This is an optional service that allows XXX to
-------------------
utilize SS7 signaling to an SS7 capable interexchange carrier (IXC) for
Feature Group D access service and other intraLATA interexchange services.
The ISUP service is a monthly charge.
(a) The rate for ISUP signaling is per connection in situations when GTE
does not provide any underlying call messages for XXX on GTE's network
trunks. The rate for ISUP signaling is shown in Exhibit A.
(b) Where GTE has a mated pair of STPs and has CCS/SS7 interconnection
facilities to an IXC within the same LATA, for interexchange
telecommunications services, GTE shall provide call set-up signaling
between XXX and the IXC.
(c) XXX agrees to provide to GTE such information as deemed necessary by
GTE for network planning in connection with this offering and as may
be requested by GTE from time to time.
(d) XXX must provide the Signaling Point Codes of the IXCs for which it is
providing call setup via GTE's SS7 signaling network, so that GTE
screening and translation tables can be updated.
2.5 Technical Specifications. The technical specifications for the Services
------------------------
described above are defined in Bellcore TR-TSV-000905. GTE will provide
SS7 via OR-394-SS7 and/or OR-317-SS7 format(s).
2.6 Other Services. If XXX desires to order SS7-related services other than
--------------
the Service, such services will be governed by separate agreements.
2.7 Applicable Traffic. The Service applies to the traffic of XXX and its
------------------
subtending LECs only. XXX must provide GTE with thirty (30) calendar days'
written notice and a letter of agency before the traffic of any party other
than XXX or its subtending LECs may be transmitted through ELI's facilities
on to GTE's SS7 network.
I-3
ARTICLE 3.
MANNER OF PROVISIONING
3.1 Link Facilities. The link facilities to GTE STPs in the same LATA can be
---------------
either:
(a) "A" Link sets from ELI's SP or SSP. A minimum of two (2) links is
required, one (1) from the SP or SSP to each STP; or,
(b) "B" Link sets from ELI's STPs that are connected to GTE's mated pairs
of STPs. A minimum of four (4) links is required between the two (2)
pairs of STPs.
3.2 Port Termination. An STP port termination is required for each 56 kbps
----------------
access link utilized for the Service. STP locations are set forth in the
National Exchange Carrier Association, Inc. (NECA) Tariff, F.C.C. No. 4.
3.3 Signaling Point Codes. GTE shall install all applicable Signaling Point
---------------------
codes for each signaling link at each of GTE's interconnecting STPs.
3.4 Protocol. GTE shall provision the Service in accordance with ANSI T1.226
--------
Telecommunications - Operations, Administration, Maintenance, and
Provisioning (OAM&P) -Management of functions for Signaling System No. 7
(SS7) Network Interconnections (ATIS) with the exception of references to
OMAP protocol elements. The Service cannot be established until
Compatibility Testing has been successfully completed between XXX and GTE.
3.5 56 kbps Channel. Unless ELI elects to provide such links, GTE shall
---------------
provide two (2) or four (4) 56 kbps circuits as link facilities at rates
set forth in Article 4 herein. If approved by GTE, ELI may utilize a 56
kbps channel of an intraLATA DS1 (1.544 mbps) facility, which is in place
at the time of ordering, as an "A" Link or a "B" Link, for the STP access
connection between the SPOI and GTE's STP. WHEN THIS OPTION IS CHOSEN, ELI
UNDERSTANDS AND ACCEPTS THAT THE SERVICE PERFORMANCE STANDARDS AS OUTLINED
IN BELLCORE DOCUMENT TR-TSV-000905 MAY NOT BE MET IN THE PROVISION OF THE
TOTAL SERVICE. If such a channel is not utilized, ELI must order DS1
(1.544 Mbps) service.
3.6 Multiplexing. Where technically required, GTE shall provide multiplexing
------------
arrangements to ELI at no charge.
3.7 Diversity. Where technically feasible and not unreasonably economically
---------
burdensome, GTE agrees to allow interoffice and intraoffice diversity.
I-4
ARTICLE 4.
RATES AND CHARGES
4.1 Payment. ELI agrees to pay to GTE for the Service at the rates and charges
-------
set forth in Exhibit A attached to this Appendix and made a part hereof.
4.2 Period. Subject to Article 4.3 below, the rates and charges shall remain
------
in effect and are firm for a period of twelve (12) months from the
effective date of this Appendix. Thereafter, GTE shall give ELI sixty (60)
calendar days' notice of any price change. If the new prices are not
acceptable to ELI, ELI may terminate this Appendix upon thirty (30)
calendar days' advance written notice without penalties for either Party.
4.3 Rate Basis. The rates are based upon rates and charges reflected in GTE's
----------
approved CCS/SS7 interconnection tariffs. To the extent that tariff rates
are adjusted, rates and charges for similar rate elements in this Appendix
will be adjusted accordingly on the date the new tariff rates become
effective. If a state or federal regulatory agency requires, or GTE
elects, to offer the Service by tariff, the tariff shall supersede this
Appendix. If the Service becomes tariffed, ELI has the right to terminate
this Appendix upon sixty (60) calendar days' advance written notice
effective on the effective date of such tariff, without penalty to either
Party.
4.4 Mileage. Mileage is calculated on the airline distance between the
-------
locations involved, using the V&H coordinates method, as set forth in the
National Exchange Carrier Association, Inc. Tariff, F.C.C. No. 4.
4.5 Rates and Charges. Rates and charges for each component of the Service are
-----------------
described as follows:
(a) "A" Link connection - Charges for the "A" Link connection to GTE's
CCS/SS7 network consist of the STP port termination charges.
(1) The STP port termination charges are for the termination of a 56
kbps channel at each STP from ELI's SSP or SP.
(2) ELI will lease facilities between its SSPs/SPs and GTE's STPs.
(b) "B" Link connection - Charges for the "B" Link connection to GTE's
CCS/SS7 network consist of the STP port termination charges.
I-5
(1) The STP port termination charges are for the termination of a 56
kbps channel at each STP from ELI's STPs.
(2) ELI and GTE shall mutually agree upon the rates for "B" Link
interconnections within thirty (30) calendar days of the
execution of this Agreement.
(c) STP Interconnection nonrecurring charge - STP interconnection
nonrecurring charge shall apply for each "A" Link and "B" Link
interconnection to GTE's SS7 network.
4.6 Rearrangement. Charges for rearrangement of the Service that are not
-------------
specifically addressed will be determined by GTE on an individual case
basis.
4.7 Applicable Traffic. The rates apply only to the traffic of ELI and its
------------------
subtending LECs. Any traffic from any other party will be subject to
additional charges.
ARTICLE 5.
ORDERING THE SERVICE
5.1 Order. To order the Service, ELI shall submit a completed CCS/SS7 Order
-----
Form to GTE. ELI may change its Service order by submitting a new Order
Form which shall be effective when executed by both Parties. Service shall
be implemented for ELI thirty (30) calendar days after the execution of
this Agreement by both Parties.
5.2 Port Terminations. GTE shall reserve STP port terminations only upon
-----------------
receipt of a fully executed copy of this Agreement and the Order Form
referred to in this Appendix. GTE shall reserve ports on a first come,
first served basis. Should ELI fail to use a port within sixty (60)
Business Days of availability, GTE may reassign the port and, ELI must
resubmit an Order Form for interconnection.
ARTICLE 6.
RESPONSIBILITIES OF GTE
6.1 Managing the Network. GTE is responsible for managing the network provided
--------------------
by GTE as part of the Service and applying protective controls which it can
invoke as a result of occurrences including, but not limited to, failure or
overload of GTE or ELI facilities due to natural disasters, mass calling or
national security demands.
6.2 Performance Standards. GTE is responsible for meeting service performance
---------------------
standards as outlined in Bellcore TR-TSV-000905 except as otherwise
provided herein.
I-6
6.3 Invoice. GTE shall include with the monthly invoice such data GTE and ELI
-------
mutually agree is necessary for ELI to verify the accuracy of the billing
it receives from GTE for the Service.
ARTICLE 7.
RESPONSIBILITIES OF ELI
7.1 Signaling Link. ELI shall provision the signaling links from its premises
--------------
to the SPOIs in a manner technically compatible to the GTE network.
7.2 Privacy Indicator. ELI shall populate the "privacy indicator" portion of
-----------------
the CCS/SS7 initial address message forwarded to GTE's network for call
processing.
7.3 Accuracy of Information. ELI shall verify the accuracy of information
-----------------------
provided by ELI concerning the Service ordered by ELI.
7.4 Forecast. ELI shall furnish to GTE, at the time the Service is ordered and
--------
annually thereafter, an updated three year forecast of usage for the 56
kbps channel and the STP port termination for each STP pair. The forecast
shall include total annual volume and busy hour busy month volume. GTE
shall utilize the forecast in its own efforts to project further facility
requirements.
7.5 Changes. ELI agrees to inform GTE in writing at least thirty (30) Business
-------
Days in advance of any change in its use of the Service that alters by ten
percent (10%) or more for any thirty (30) day period the volume of
signaling transactions to be forwarded to GTE's CCS/SS7 network. ELI will
provide the reason for the change in volume by individual SS7 service.
ARTICLE 8.
SIGNALING POINT CODES
8.1 Interconnection. ELI may utilize either the GTE CCS/SS7 network SPC or its
---------------
own SPC for interconnection purposes when interconnecting its SPs or SSPs
at the "A" Link level. ELI shall utilize its own SPC when interconnecting
its STP at the "B" Link level. ELI agrees to obtain its own initial SPC if
it has short or long range plans to provide its own STPs.
8.2 SPC. When the SPC is utilized, GTE shall be responsible for ELI code
---
assignment. When ELI obtains its own SPC, ELI shall be responsible for
code assignments and shall
I-7
be responsible for notifying GTE and other CCS/SS7 network providers of
such assignments.
8.3 SPC Change. Due to the complexities and potential ELI signaling network
----------
downtime required for changing working SPCs, ELI agrees to give GTE a
written notice of an SPC change as soon as possible but no later than
thirty (30) Business Days prior to the effective date of the SPC change.
ARTICLE 9.
MONTHLY BILLING
Billing statements shall be rendered monthly by GTE to ELI. The monthly charge
shall be the total of all monthly rate element charges associated with the
Service. Payment to GTE for bills rendered to ELI shall be due thirty (30)
calendar days after receipt of the invoice and ELI agrees to pay all billed
amounts. Beginning the day after the due date of the bill, interest charges of
twelve per cent (12%) per annum or the maximum allowed by law, whichever is
less, shall be added to ELI's bill. Payments shall be applied to the oldest
outstanding amounts first.
ARTICLE 10.
LIABILITY AND INDEMNIFICATION
10.1 Release from Liability. Each Party releases the other from any liability
----------------------
for loss or damage arising out of errors, interruptions, defects,
failures, delays, or malfunctions of the Service, including any and all
associated equipment and data processing systems, not caused by gross
negligence or willful misconduct. Any losses or damages for which either
Party is held liable under this Agreement shall in no event exceed the
amount of the charges for the Service during the period beginning at the
time notice of the error, interruption, defect, failure, or malfunction is
received, to the time Service is restored.
10.2 Limitation of Liability. IN ADDITION TO THE LIMITATION OF LIABILITY SET
-----------------------
FORTH AT SECTION 24.4 OF ARTICLE III OF THE AGREEMENT, NEITHER PARTY SHALL
BE LIABLE FOR ANY LOSS OF REVENUE OR PROFIT OR FOR ANY LOSS OR DAMAGE
ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF THE CCS OR ANY OF THE
SERVICES PROVIDED UNDER THIS AGREEMENT THAT IS SUFFERED BY THE OTHER
PARTY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY SHALL BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
I-8
10.3 Third Parties. Each Party agrees to release, defend, indemnify, and hold
-------------
harmless the other Party from and against any and all losses, damages, or
other liability, including reasonable attorneys' fees, that it may incur
as a result of claims, demands, wrongful death actions, or other suits
brought by third parties, arising out of the use of the Service and
resulting from the gross negligence or willful misconduct by the
indemnifying Party, its employees, agents, or contractors in the
performance of this Agreement. In addition, to the extent that the
Parties' interests do not conflict, ELI shall defend GTE against all end
users' claims just as if ELI had provided such service to its end users
with its own employees. In any event, ELI shall assert its tariff
limitation of liability for the benefit of both GTE and ELI.
10.4 Infringement. Each Party agrees to release, defend, indemnify, and hold
------------
harmless the other Party from and against any claim, demands or suit that
asserts any infringement or invasion of privacy or confidentiality of any
person(s), caused or claimed to be caused, directly or indirectly, by the
indemnifying Party's employees or equipment associated with provision of
the Service. This includes, but is not limited to, suits arising from
disclosure of any customer-specific information associated with either the
originating or terminating numbers used to provision the Service.
10.5 No Warranties. IN ADDITION TO THE DISCLAIMER SET FORTH AT SECTION 24.3 OF
-------------
ARTICLE III OF THE AGREEMENT, NEITHER GTE NOR ELI MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER OR TO ANY Third Party
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES PROVIDED UNDER OR IN
CONNECTION WITH THIS APPENDIX, THAT THE SERVICES PROVIDED UNDER THIS
APPENDIX WILL BE ERROR FREE OR THAT THE FACILITIES WILL OPERATE WITHOUT
INTERRUPTION. GTE AND ELI DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR
GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR FROM USAGES OF TRADE.
ARTICLE 11.
RESERVATION OF RIGHTS
11.1 Rights Reserved. By entering into this Appendix to the Agreement, neither
---------------
Party waives, releases or compromises any rights it may have to argue, in
any federal or state regulatory proceeding (or in any judicial appeal
following such a proceeding), in support of, or in opposition to any
position, including but not limited to: (a) Accounting for deregulated (or
detariffed) data base services; (b) removal from regulated accounts of
expenses and investment associated with deregulated (or detariffed) data
base services; and (c) any other issue pertinent to regulation or
deregulation of costs which were, are now, or may in
I-9
the future be, associated with the provisions of data base services. Each
Party expressly reserves all its rights in connection with such matters.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For ELI:
GTE NORTHWEST INCORPORATED ELECTRIC LIGHTWAVE, Inc.
______________________________________ ___________________________________
(Signature of Authorized Agent) (Signature of Authorized Agent)
______________________________________ ___________________________________
(Printed Name of Authorized Agent) (Printed Name of Authorized Agent)
Connie Nicholas
Assistant Vice President
Wholesale Markets-Interconnection
______________________________________ ___________________________________
(Title) (Title)
______________________________________ ___________________________________
(Date) (Date)
I-10
EXHIBIT A
RATES AND CHARGES
for Interconnection at
GTE's _____________ STP's
Rates & Charges
Rate Element Nonrecurring Monthly
--------------------------------------------------------------------------------
1. STP Port Termination for an "A" Link
Per Port See Tariffed Rates
2. STP Port Termination for a "B" Link
Per Port See Tariffed Rates
3. 56 Kbps Digital Facility
Dedicated Switched Access Transport
Per Airline Mile See Tariffed Rates
4. 56 Kbps Dedicated Switched Access Line See Tariffed Rates
5. 1.544 Mbps (DS1) High Capacity Digital Facility See Tariffed Rates
Dedicated Switched Access Transport
Per Airline Mile See Tariffed Rates
6. 1.544 Mbps (DS1) Dedicated Switched
Access Line See Tariffed Rates
7. Facility Charge for "B" Links See Tariffed Rates
8. ISUP Charge per Interconnection See Tariffed Rates
8.1 For ISUP Service an additional SCP charge shall apply per interconnection.
I-11
APPENDIX J
POLE ATTACHMENT AGREEMENT
This Appendix is intentionally left blank. The Parties agree to negotiate the
terms and conditions of this Appendix and to amend this Agreement accordingly.
J-1
APPENDIX K
CONDUIT OCCUPANCY AGREEMENT
This Appendix is intentionally left blank. The Parties agree to negotiate the
terms and conditions of this Appendix and to amend this Agreement accordingly.
K-1
APPENDIX L
RECIPROCAL COMPENSATION FOR CALL TERMINATION
WHEN ELI USES GTE UNBUNDLED PORTS,
LOCAL SWITCHING & SHARED TRANSPORT
This Appendix is intentionally left blank. At such time as ELI desires to
obtain unbundled ports, local switching, and shared transport from GTE, the
Parties agree to negotiate the terms and conditions of this Appendix and to
amend this Agreement accordingly. ELI shall not obtain unbundled ports, local
switching, and shared transport from GTE until such amendment is effective.
L-1
APPENDIX 37A
PERFORMANCE MEASURES
GTE PERFORMANCE MEASURES
PRE-ORDERING/ORDERING/PROVISIONING
--------------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
--------------------------------------------------------------------------------------------------------
1 GTE National Prompt 85% of CSR's sent to CLEC by
transmission the close of business on
of Customer business day following
Service Record receipt of request
(CSR)
Information
--------------------------------------------------------------------------------------------------------
2 GTE National Prompt 85% of LSC's sent to CLEC by
transmission the close of business on
of Local business day following
Service receipt of request
Confirmation
(LSC)
--------------------------------------------------------------------------------------------------------
3 GTE State Due Date Percent of CLEC customers
commitments met install, transfer, and change
service orders for which
service is installed by close
of business on the committed
due date is not more than
2.5% below the percent of GTE
customers install, transfer,
and change service orders
--------------------------------------------------------------------------------------------------------
4 GTE State % reporting Percent of CLEC customers
trouble within install, transfer, and change
30 days of the Designed service orders which
date installed are followed by a customer
trouble report
37A-1
--------------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
--------------------------------------------------------------------------------------------------------
- Designed within 30 days of service
order completion date is
not more than 2.5% worse than
the percent GTE customers
install, transfer, and change
Designed service orders which
are followed by a customer
trouble report within 30 days
of service order completion
--------------------------------------------------------------------------------------------------------
5 CLEC National Service Order 80% of LSR's initiated by
discrepancy: CLEC do not contain an order
LSR's issued discrepancy or error: 90% in
without 12 months. Final target - 95%
material errors
--------------------------------------------------------------------------------------------------------
6 GTE National Average speed 80% of the time GTE will
of answer per answer within 20 seconds
inquiry by
GTE's call
center within
20 seconds
--------------------------------------------------------------------------------------------------------
INTERCONNECTION
--------------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
--------------------------------------------------------------------------------------------------------
1 GTE State Trunk orders Percent of CLEC trunk orders
completed on completed by GTE on or before
or before the the commitment date is not
Committed Due more than 10% below the
Date percent of FG B/D Switched
37A-2
--------------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
--------------------------------------------------------------------------------------------------------
access orders by all ordering
companies completed by GTE on
or before the com mitment date
--------------------------------------------------------------------------------------------------------
2 GTE National Firm Order Percent of CLEC trunk orders
Confirmation completed by GTE on or before
(FOC) on time the commitment date is not
delivery more than 5% below the
percent of FG B/D Switched
access by all ordering
companies for which GTE sends
FOC (within 5 days, or longer,
as requested by CLEC)
--------------------------------------------------------------------------------------------------------
3* Note: Can CLEC National Service Order 80% of ASR's initiated by
not report on discrepancy: CLEC do not contain material
this measure ASR's issued error or result in
until end of without discrepancy; 90% in 12
2nd QTR 1998. material errors months. Final target 95%
--------------------------------------------------------------------------------------------------------
37A-3
MAINTENANCE/REPAIR
--------------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
--------------------------------------------------------------------------------------------------------
1 GTE State Percent Percent of CLEC customers
Commitments Met Network trouble reports where
commitment was met more than
2.5% worse than the percent of
GTE's customer Network trouble
reports where commitment was
met (excluding reports which
are cleared CPE, CLEC
customers error)
--------------------------------------------------------------------------------------------------------
2 GTE State Average Average repair time (total
clearing time number of elapsed hours/
- Out of minutes for OOS CLEC customers
Service (OOS) Network trouble reports
- Designed divided by total number OOS
customer Network trouble
reports) for CLEC customers is
more than 10% of the average
repair time for GTE customers
(includes only "Designed"
services)
--------------------------------------------------------------------------------------------------------
3 GTE State Average Average repair time (total
clearing time number of elapsed
- Out Of hours/minutes for OOS CLEC
Service (OOS) customers Network trouble
- Non-Designed reports divided by total
number OOS customer Network
trouble reports) for CLEC
customers is more than 10% of
the average repair time for
GTE customers (includes only
37A-4
--------------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
--------------------------------------------------------------------------------------------------------
POTS and circuits which do not
require a design)
--------------------------------------------------------------------------------------------------------
4 GTE State Percent Percent of CLEC customers
reports per making trouble reports (total
100 (Failure number of CLEC customers
Frequency) Network trouble reports
divided by the total access
lines multiplied by 100) is
not worse than .5 percent
points of the percentage of
GTE customers making trouble
reports
--------------------------------------------------------------------------------------------------------
5 GTE National Average speed 80% of the time GTE will
of answer per answer within 20 seconds
inquiry by
GTE's call
center within
20 seconds
--------------------------------------------------------------------------------------------------------
6 GTE State Percent repeat Percent of CLEC customers
reports in 30 repeat trouble reports (total
days number of CLEC customers
Network trouble reports which
had a previous Network trouble
report within the last 30 days
divided by the total of
customer Network trouble
reports multiplied by 100) is
not more than 2.5% worse than
the percent of GTE customers
repeat trouble reports
--------------------------------------------------------------------------------------------------------
37A-5
Note: Outage Credits: Local Service and Unbundled Network Elements: Outage
Credits apply to interruptions of Local Services and Unbundled Network Elements
in accordance with applicable Commission requirements. If a Local Service or
Unbundled Network Element is interrupted, ELI will be entitled to outage
credits. An interruption period begins when ELI reports to GTE that a Local
Service or Unbundled Network Element is interrupted (or GTE has knowledge that
an interruption has occurred through service monitoring or other means). An
interruption period ends when the Local Service is repaired and returned to ELI.
A Local Service or Unbundled Network Element is considered to be interrupted
when there has been a loss of continuity, the Local Service or Unbundled Network
Element does not operate in accordance with the applicable service standards, or
it is otherwise unavailable for use by ELI. This definition is not intended to
conflict with Commission requirements.
37A-6
BILLING
----------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
----------------------------------------------------------------------------------------------------
1 GTE National Timeliness: GTE agrees to make an initial
Percentage of assessment of it's capability to
Service Order measure the percent of dollar
related Monthly amount due for service orders
recurring and billed in the current billing
Non recurring period in which the service order
charges billed was completed. Quality Standard to
within 30 days be determined.
from the LSR
effective date.
----------------------------------------------------------------------------------------------------
2 GTE National Timeliness: GTE agrees to make an initial
Percentage of assessment of it's capability to
IntraLata toll measure the percent of dollar
charges billed amount due for Usage charges
within 90 days billed within 90 days from the
from the date date the service was rendered.
the call was Quality Standard to be determined.
recorded.
----------------------------------------------------------------------------------------------------
3 GTE National Accuracy: GTE agrees to make an initial
Percent of assessment of it's capability to
wholesale measure the percent of total Net
charges billed dollars accurately billed,
accurately. excluding bill correcting
adjustments resulting from CLEC's
inaccurate LSR's. Quality Standard
to be determined.
----------------------------------------------------------------------------------------------------
4 GTE National Timeliness: GTE agrees to make an initial
Percentage of assessment of it's capability to
adjustments measure the percent of all
posted to the corrections and adjustments made
37A-7
----------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
----------------------------------------------------------------------------------------------------
customers within agreed time frames. Quality
wholesale bill Standard to be determined.
within 60 days
from receipt of
a Billing
Inquiry form.
----------------------------------------------------------------------------------------------------
5 GTE National Customer Usage GTE's initial service performance
Data: threshold will be 94% of all
Timeliness: messages delivered within 6 days
Delivery of all from when the message was recorded
messages by GTE.
delivered within
5 days of when
the message was
recorded
----------------------------------------------------------------------------------------------------
6 GTE National Customer Usage GTE's service delivery threshold
Data: Accuracy will be established at 99% of
of transmitted recorded Usage data correctly
customer Usage transmitted to CLEC.
data
----------------------------------------------------------------------------------------------------
FORECASTING
----------------------------------------------------------------------------------------------------
Measure No. Obligation Data Level Measurement Quality Standard
----------------------------------------------------------------------------------------------------
1 CLEC State Service Units Volume of CLEC's Service Units
requirements requirements in a month is not
accurately greater than 10% below the amount
forecast all forecast by CLEC in it's most
volumes for each recent quarterly forecast (which
month contained shall have been made not later
in the quarterly than 30 days prior to the quarter
report. in question)
----------------------------------------------------------------------------------------------------
37A-8
APPENDIX 46A
AT&T TERMS
The rates, terms, and conditions referred to in this Appendix 46A are effective
and replace or supplement the correlative rates, terms, and conditions set forth
in the "GTE Terms" listed in Appendix 46B, as and when provided by Article III,
Section 46, of this Agreement, and only until, as long as, and under the
conditions prescribed by Article III, Section 46.
The following rates in Appendix 9 to Attachment 14 of the AT&T Agreement will
apply instead of the rates in Appendix F of this Agreement:
1. Local Loops
2 Wire Analog Voice Grade Loop $ 15.00
4 Wire Analog Voice Grade Loop $ 30.00
2 Wire Digital Loop $ 15.00
4 Wire Digital Loop $ 30.00
DS-1 Loop $ 87.37
DS-3 Loop $ 363.42
2. Local Switching (must purchase port)
Ports
2 Wire Analog Line Port $ 1.14
2 Wire ISDN Digital Line Port $ 6.09
DS-1 Digital Trunk Port $ 78.24
Local Switching $0.001463
Vertical Features See Attached
3. Dedicated Transport
CLEC Dedicated Transport
2 Wire Voice $ 15.00
4 Wire Voice $ 30.00
DS1 Standard 1st System $ 87.37
DS1 Standard Add'l System $ 87.37
DS3 Optical Interface $ 363.42
Multiplexing
DS1 to Voice Multiplexing $ 212.76
DS3 to DS1 Multiplexing $ 203.54
Interoffice Dedicated Transport
Voice Facility Per ALM $ .08
Voice Facility Termination $ 19.74
DS1 Facility Per ALM $ .85
DS1 Per Termination $ 37.94
DS3 Facility Per ALM $ 10.19
DS3 Per Termination $ 253.13
46A-1
OREGON UNBUNDLED VERTICAL FEATURES
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VERTICAL FEATURES (Subject to Availability)
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Three Way Calling $/line/month $0.12
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Call Forwarding Variable $/line/month $0.12
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Call Waiting $/line/month $0.11
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Automatic Callback $/line/month $0.24
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Calling Number Delivery $/line/month $0.08
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Calling Number Delivery Blocking $/line/month $0.00
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Distinctive Ringing / Call Waiting $/line/month $0.08
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Customer Originated Trace $/line/month $0.91
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Selective Call Rejection $/line/month $1.28
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Selective Call Forwarding $/line/month $0.62
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Call Forwarding Variable CTX $/line/month $0.12
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Call Forwarding Busy Line $/line/month $0.25
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Call Forwarding Don't Answer All Calls $/line/month $0.18
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Call Waiting Originating $/line/month $0.11
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Call Waiting Terminating $/line/month $0.11
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Three Way Calling CTX $/line/month $0.12
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Call Transfer Individual All Calls $/line/month $0.31
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Speed Calling Individual 1-Digit $/line/month $0.06
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Speed Calling Individual 2-Digit $/line/month $0.06
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Call Hold $/line/month $0.05
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Call Pick-up $/line/month $0.06
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Preferential Multiline Hunting $/line/month $0.05
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Teen Service $/line/month $0.08
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Last Number Redial $/line/month $0.24
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Warm Line $/line/month $0.07
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Calling Name Delivery $/line/month $0.17
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46A-2
