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EXHIBIT 10.12
AGREEMENT
BETWEEN
PACIFIC XXXX
AND
CRL NETWORK SERVICES
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TABLE OF CONTENTS
Section Page
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PREFACE 1
AGREEMENT 1
RECITALS 1
DEFINITIONS and ACRONYMS 2
GENERAL TERMS AND CONDITIONS 2
1. Reservation of Rights to Appeal or Petition for Reconsideration 2
2. Provision of Local Service and Unbundled Network Elements 2
3. Term of Agreement; Transitional Support 4
4. Good Faith Performance 5
5. Option to Obtain Local Services or Network Elements Under Other
Agreements 5
6. Responsibility of Each Party 5
7. Governmental Compliance 5
8. Responsibility For Environmental Contamination 6
9. Regulatory Matters 7
10. Liability and Indemnity 8
11. Audits and Inspections 10
12. Service Performance Measures and Related Remedies 12
13. Uncollectible or Unbillable Revenues 13
14. Customer Credit History 13
15. Force Majeure 14
16. Certain State and Local Taxes 15
17. Alternative Dispute Resolution 15
18. Notices 16
19. Confidentiality and Proprietary Information 17
20. Branding 19
21. Miscellaneous 19
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ATTACHMENTS
Attachment 1 Definitions
Attachment 2 Acronyms
Attachment 3 Alternative Dispute Resolution
Attachment 4 Directory Listing Requirements
Attachment 5 Local Services Resale
Attachment 6 Specifications, Service Descriptions and Implementation
Schedule for Unbundled Network Elements
Attachment 7 Network Element Combinations
Attachment 8 Pricing
Attachment 9 Access to Verigate and LEX Operations Support Systems
Attachment 10 Ancillary Functions
Attachment 11 Provisioning and Ordering
Attachment 12 Maintenance
Attachment 13 Connectivity Billing and Recording
Attachment 14 Provision of Customer Usage Data
Attachment 15 Local Number Portability and Number Assignment
Attachment 16 Security
Attachment 17 Service Performance Measures and Related Remedies
Attachment 18 Interconnection
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PREFACE
AGREEMENT
This Agreement, which shall become effective as of the _____ day of
_________, 1998 ("Effective Date"), is entered into by and between CRL Network
Services ("CLEC"), a California corporation, having an office at Xxx Xxxxxx
Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX and PACIFIC XXXX ("PACIFIC"), a California
corporation, having an office at 0000 Xxxxxxx Xx., Xxxxxxx, Xxxxxxxxxx.
RECITALS
WHEREAS, The Telecommunications Act of 1996 was signed into law on
February 8, 1996 (the "Act") and substantially amends the Communications Act of
1934; and
WHEREAS, the Act places certain duties and obligations upon, and
grants certain rights to, Telecommunications Carriers; and
WHEREAS, PACIFIC is an Incumbent Local Exchange Carrier; and
WHEREAS, PACIFIC is willing to sell unbundled Network Elements and
Ancillary Functions and additional features, as well as services for resale, on
the terms and subject to the conditions of this Agreement; and
WHEREAS, CLEC is a Telecommunications Carrier and has requested that
PACIFIC negotiate an Agreement with CLEC for the provision of interconnection,
unbundled Network Elements (including Ancillary Functions and additional
features), and services pursuant to the Act and in conformance with PACIFIC's
duties under the Act; and
WHEREAS, the Parties have arrived at this Agreement through voluntary
negotiations and arbitration undertaken pursuant to the Act,
NOW, THEREFORE, in consideration of the premises and the mutual
covenants of this Agreement, CLEC and PACIFIC hereby agree as follows:
DEFINITIONS AND ACRONYMS
For purposes of this Agreement, certain terms have been defined in
Attachment 1 and elsewhere in this Agreement to encompass meanings that may
differ from, or be in addition to, the normal connotation of the defined word.
Unless the context clearly indicates otherwise, any term defined or used in the
singular shall include the plural. The words "shall" and "will" are used
interchangeably throughout this Agreement and the use of either connotes a
mandatory requirement. The use of one or the other shall not mean a different
degree of right or obligation for either Party. A defined word intended to
convey its special meaning is capitalized when used. Other terms that are
capitalized, and not defined in this Agreement, shall have the meaning
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in the Act, unless the context clearly indicates otherwise. For convenience of
reference only, Attachment 2 provides a list of acronyms used throughout this
Agreement.
GENERAL TERMS AND CONDITIONS
1. RESERVATION OF RIGHTS TO APPEAL OR PETITION FOR RECONSIDERATION
1.1. The filing of this arbitrated Agreement with the Commission in
accordance with Decision No. 00-00-000 dated December 9,1996
("Decision") In the Matter of the Petition of AT&T
Communications of California, Inc. for Arbitration Pursuant to
Section 252 of the Telecommunications Act of 1996 to Establish
an Interconnection Agreement with Pacific Xxxx, Application
00-00-000 (Filed August 20,1996) does not in any way constitute
a waiver by either CLEC or PACIFIC of any right which either
Party may have to appeal or to petition the Commission for
reconsideration of any determination contained in the Decision,
or to seek modification of any language of the Agreement which
was included (or excluded) due to mistake or clear inadvertence
caused by the limited amount of time given to prepare this
Agreement under the Commission's rules.
2. PROVISION OF LOCAL SERVICE AND UNBUNDLED ELEMENTS
2.1. This Agreement and its Attachments are subject to the Act,
regulations thereunder and relevant FCC and Commission decisions
in effect on the Effective Date of this Agreement. The effect on
this Agreement of changes in the Act, regulations thereunder and
relevant FCC and Commission decisions is set forth in Section 9
of this Agreement.
2.2. This Agreement, which consists of this statement of General
Terms and Conditions, and Attachments 1 through 18, inclusive,
sets forth the terms, conditions and prices under which PACIFIC
agrees to provide to CLEC (a) services for resale (hereinafter
referred to as "Local Services") and (b) certain unbundled
Network Elements, Ancillary Functions and additional features
and (c) other services or combinations of such Local Services,
Network Elements, Ancillary Functions and other services
("Combinations") for CLEC's own use or for resale to others, and
for purposes of offering telecommunications services of any
kind. This Agreement also sets forth the terms and conditions
for the interconnection of CLEC's network to PACIFIC's network
and the reciprocal compensation for the transport and
termination of telecommunications traffic. Unless otherwise
provided in this Agreement, and except where not technically
feasible in a given area, PACIFIC will perform all of its
obligations hereunder throughout its entire service area,
provided, however, that PACIFIC is not required, except at
CLEC's request pursuant to Section 1.6 of Attachment 6, to
install new or improved facilities in areas where they do not
currently exist.
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2.3. Subject to this Agreement and its Attachments, the Network
Elements, Ancillary Functions, Combinations, Local Services, or
other services provided pursuant to this Agreement may be
connected to other Network Elements, Ancillary Functions,
Combinations, Local Services, or other services provided by
PACIFIC or to any Network Elements, Ancillary Functions,
Combinations, Local Services or other services provided by CLEC
itself or by any other vendor. Subject to the requirements of
this Agreement and its Attachments, CLEC may, at any time add,
delete, relocate or modify the Network Elements, Ancillary
Functions, Local Services, Combinations or other services
purchased hereunder.
2.4. PACIFIC will not discontinue any unbundled Network Element,
Ancillary Service or Combination thereof during the term of this
Agreement without CLEC's consent, except (i) to the extent
required by network changes or upgrades, in which event PACIFIC
will comply with the network disclosure requirements stated in
the Act and FCC regulations thereunder; or (ii) if required by a
final order of a court, the FCC or the Commission as a result of
remand or appeal of the FCC's First Interconnection Order. In
the event such a final order allows but does not require
discontinuance, PACIFIC may, on thirty (30) days written notice,
require that such terms be renegotiated, and the Parties shall
renegotiate in good faith such mutually acceptable new terms as
may be required or appropriate to reflect the results of such
action. In the event that such new terms are not renegotiated
within ninety (90) days after such notice, or if the Parties are
unable to agree, either Party may submit the matter to the
Alternative Dispute Resolution Process described in Attachment
3.
2.5. PACIFIC will not withdraw any Local Service without providing
one-hundred five (105) days advance notice, from the date of
notice to the date of withdrawal of the service, to CLEC of
PACIFIC's intent to withdraw the service, inclusive of the time
required to file and the Commission to consider an advice letter
to withdraw the service pursuant to General Order 96A. If
PACIFIC discontinues a Local Service or Combination of Local
Services, PACIFIC shall either (a) limit the discontinuance to
new customers and grandfather the service for all CLEC resale
customers who subscribe to the service as of the date of
discontinuance; or (b) offer to CLEC for resale an alternative
service, having substantially similar capabilities and terms and
conditions.
3. TERM OF AGREEMENT; TRANSITIONAL SUPPORT
3.1. This Agreement shall expire on 12/19/99, and thereafter the
Agreement shall continue in force and effect unless and until a
new agreement, addressing all of the terms of this Agreement,
becomes effective between the Parties. The Parties agree to
commence negotiations on a new agreement no less than six (6)
months before the end of the three (3) years after this
Agreement becomes effective. In the event that such new terms
are not renegotiated within such six (6) month
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period, either Party may submit the matter to the Alternative
Dispute Resolution Process described in Attachment 3.
3.2. PACIFIC recognizes that the Network Elements, Ancillary
Functions, Combinations, Local Services and other services
provided hereunder are vital to CLEC and must be continued
without interruption, and that CLEC may itself provide or retain
another vendor to provide such comparable Network Elements,
Ancillary Functions, Combinations, Local Services or other
services. PACIFIC and CLEC agree to cooperate in an orderly and
efficient transition to CLEC or another vendor. PACIFIC and CLEC
further agree to cooperate in effecting the orderly transition
to CLEC or another vendor such that the level and quality of the
Network Elements, Ancillary Functions, Combinations, Local
Services, and other services are not degraded and to exercise
their best efforts to effect an orderly and efficient
transition. CLEC shall be responsible for coordinating such
transition.
4. GOOD FAITH PERFORMANCE
In the performance of their obligations under this Agreement, the
Parties shall act in good faith and consistently with the intent of the
Act. Where notice, approval or similar action by a Party is permitted or
required by any provision of this Agreement (including, without
limitation, the obligation of the Parties to further negotiate the
resolution of new or open issues under this Agreement), such action
shall not be unreasonably delayed, withheld or conditioned.
5. OPTION TO OBTAIN LOCAL SERVICES OR NETWORK ELEMENTS UNDER OTHER
AGREEMENTS
At CLEC's request and pursuant to section 252 of the Act, regulations
thereunder and relevant court decisions, PACIFIC shall make available to
CLEC, without unreasonable delay, any interconnection, service or
network element contained in any agreement to which PACIFIC is a party
that has been filed and approved by the Commission.
6. RESPONSIBILITY OF EACH PARTY
Each Party is an independent contractor, and has and hereby retains the
right to exercise full control of and supervision over its own
performance of its obligations under this Agreement and retains full
control over the employment, direction, compensation and discharge of
all employees assisting in the performance of such obligations. Each
Party will be solely responsible for all matters relating to payment of
such employees, including compliance with social security taxes,
withholding taxes and all other regulations governing such matters. Each
Party will be solely responsible for proper handling, storage, transport
and disposal at its own expense of all (i) substances or materials that
it or its contractors or agents bring to, create or assume control over
at Work Locations or, (ii) Waste resulting therefrom or otherwise
generated in connection with its or its contractors' or agents'
activities at the Work Locations. Subject to the limitations on
liability and except as otherwise provided in this Agreement, each Party
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shall be responsible for (i) its own acts and performance of all
obligations imposed by Applicable Law in connection with its activities,
legal status and property, real or personal and, (ii) the acts of its
own affiliates, employees, agents and contractors during the performance
of that Party's obligations hereunder.
7. GOVERNMENTAL COMPLIANCE
CLEC and PACIFIC each shall comply at its own expense with all
Applicable Law that relates to (i) its obligations under or activities
in connection with this Agreement; or (ii) its activities undertaken at,
in connection with or relating to Work Locations. CLEC and PACIFIC each
agree to indemnify, defend (at the other Party's request) and save
harmless the other, each of its officers, directors and employees from
and against any losses, damages, claims, demands, suits, liabilities,
fines, penalties and expenses (including reasonable attorneys' fees)
that arise out of or result from (i) its failure or the failure of its
contractors or agents to so comply or (ii) any activity, duty or status
of it or its contractors or agents that triggers any legal obligation to
investigate or remediate environmental contamination. PACIFIC will be
solely responsible for obtaining from Governmental Authorities, building
owners, other carriers, and any other persons or entities, all rights
and privileges (including, but not limited to, space and power), which
are necessary for PACIFIC to provide the Network Elements, Ancillary
Functions, Combinations, Local Services and other services pursuant to
this Agreement. To the extent necessary, CLEC will cooperate with
PACIFIC in obtaining such rights and privileges.
8. RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION
8.1. CLEC shall in no event be liable to PACIFIC for any costs
whatsoever resulting from the presence or release of any
environmental hazard that CLEC did not introduce to the affected
work location, provided that activities of CLEC or its agents
did not cause or contribute to a release. PACIFIC shall
indemnify, defend (at CLEC's request) and hold harmless CLEC,
each of its officers, directors and employees from and against
any losses, damages, claims, demands, suits, liabilities, fines,
penalties and expenses (including reasonable attorneys' fees)
that arise out of or result from (i) any environmental hazard
that PACIFIC, its contractors or agents introduce to the work
locations or (ii) the presence or release of any environmental
hazard for which PACIFIC is responsible under applicable law.
8.2. PACIFIC shall in no event be liable to CLEC for any costs
whatsoever resulting from the presence or release of any
environmental hazard that PACIFIC did not introduce to the
affected work location, provided that actions of PACIFIC or its
agents did not cause or contribute to a release. CLEC shall
indemnify, defend (at PACIFIC's request) and hold harmless
PACIFIC, each of its officers, directors and employees from and
against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable
attorneys fees) that arise out of or result from (i) any
environmental hazard that CLEC, its contractors
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or agents introduce to the work locations or (ii) the presence
or release of any environmental hazard for which CLEC is
responsible under applicable law.
9. REGULATORY MATTERS
9.1. PACIFIC shall be responsible for obtaining and keeping in effect
all 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.
CLEC shall be responsible for obtaining and keeping in effect
all FCC, state regulatory commission, franchise authority and
other regulatory approvals that may be required in connection
with its obligations under this Agreement, and with its offering
of services to CLEC Customers contemplated by this Agreement.
CLEC shall reasonably cooperate with PACIFIC in obtaining and
maintaining any required approvals for which PACIFIC is
responsible, and PACIFIC shall reasonably cooperate with CLEC in
obtaining and maintaining any required approvals for which CLEC
is responsible.
9.2. To the extent that PACIFIC is required by any Governmental
Authority to file a tariff or make another similar filing in
connection with the performance of any action that would
otherwise be governed by this Agreement, the terms of this
Agreement shall control, unless this Agreement links a term,
condition or price in this Agreement to a specific tariff, in
which case the terms of the tariff as modified from time to time
will apply. If, subsequent to the effective date of any tariff
incorporated by reference into this Agreement, PACIFIC is
ordered not to file tariffs with the state regulatory commission
or the FCC, or is permitted not to file tariffs (and elects not
to do so), either generally or for specific Network Elements,
Ancillary Functions, Combinations, Local Services or other
services provided hereunder, the terms and conditions of such
tariffs as of the date on which the requirement to file such
tariffs was lifted shall, to the degree not inconsistent with
this Agreement, be deemed incorporated in this Agreement by
reference.
9.3. In the event that any final and nonappealable legislative,
regulatory, judicial or other legal action renders this
Agreement or any Attachment hereto inoperable, materially
affects any material terms of this Agreement, or materially
affects the ability of CLEC or PACIFIC to perform any material
terms of this Agreement, CLEC or PACIFIC may, on thirty (30)
days written notice (delivered not later than thirty (30) days
following the date on which such action has become legally
binding and has otherwise become final and nonappealable)
require that such terms be renegotiated, and the Parties shall
renegotiate in good faith such mutually acceptable new terms as
may be required. In the event that such new terms are not
renegotiated within ninety (90) days after such notice, the
dispute shall be referred to the Alternative Dispute Resolution
procedures set forth in Section 17 and Attachment 3.
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9.4. Pursuant to the Decision (at 11-12), unless the Parties
voluntarily agree otherwise, all terms of this Agreement will be
subject to modification based on future Commission decisions.
10. LIABILITY AND INDEMNITY
10.1. Liabilities of CLEC - CLEC's liability to PACIFIC during any
Contract Year resulting from any and all causes, other than as
specified in Sections 7, 8, 10.3 and 10.4, shall not exceed the
total of any amounts due and owing by CLEC to PACIFIC under this
Agreement during the Contract Year during which such cause
accrues or arises.
10.2. Liabilities of PACIFIC - PACIFIC's liability to CLEC during any
Contract Year resulting from any and all causes, other than as
specified in Sections 7, 8, 10.3 and 10.4, shall not exceed
Twenty Five Million Dollars ($25,000,000).
10.3. No Consequential Damages - NEITHER CLEC NOR PACIFIC SHALL BE
LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES SUFFERED BY SUCH
OTHER PARTY (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO
BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS SUFFERED
BY SUCH OTHER PARTY), REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING
WITHOUT LIMITATION NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR
PASSIVE, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE
POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY HEREBY
RELEASES THE OTHER PARTY (AND SUCH OTHER PARTY'S SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS;
EMPLOYEES AND AGENTS) FROM ANY SUCH CLAIM. NOTHING CONTAINED IN
THIS SECTION 10 SHALL LIMIT PACIFIC'S OR CLEC'S LIABILITY TO THE
OTHER FOR (i) WILLFUL OR INTENTIONAL MISCONDUCT (INCLUDING GROSS
NEGLIGENCE); (ii) BODILY INJURY, DEATH OR DAMAGE TO TANGIBLE
REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY
PACIFIC'S OR CLEC'S NEGLIGENT ACT OR OMISSION OR THAT OF THEIR
RESPECTIVE AGENTS SUBCONTRACTORS OR EMPLOYEES, NOR SHALL
ANYTHING CONTAINED IN THIS SECTION 10 LIMIT THE PARTIES'
INDEMNIFICATION OBLIGATIONS, AS SPECIFIED BELOW. FOR PURPOSES OF
THIS SECTION 10, AMOUNTS DUE AND OWING TO EITHER PARTY PURSUANT
TO ATTACHMENT 17 SHALL NOT BE CONSIDERED TO BE INDIRECT,
INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES.
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10.4. Obligation to Indemnify - Each Party shall, and hereby agrees
to, defend at the other's request, indemnify and hold harmless
the other Party and each of its officers, directors, employees
and agents (each, an "Indemnitee") against and in respect of any
loss, debt, liability, damage, obligation, claim, demand,
judgment or settlement of any nature or kind, known or unknown,
liquidated or unliquidated, including without limitation all
reasonable costs and expenses incurred (legal, accounting or
otherwise) (collectively, "Damages") arising out of, resulting
from or based upon any pending or threatened claim, action,
proceeding or suit by any third party (a "Claim") (i) alleging
any breach of any representation, warranty or covenant made by
such indemnifying Party (the "Indemnifying Party") in this
Agreement, (ii) based upon injuries or damage to any person or
property or the environment arising out of or in connection with
this Agreement that are the result of the Indemnifying Party's
actions, breach of Applicable Law, or status or the actions,
breach of Applicable Law, or status of its employees, agents and
subcontractors, or (iii) for actual or alleged infringement of
any patent, copyright, trademark, service xxxx, trade name,
trade dress, trade secret or any other intellectual property
right, now known or later developed (referred to as
"Intellectual Property Rights") to the extent that such claim or
action arises from the Indemnifying Party's or the Indemnifying
Party's customer's use of the Network Elements, Ancillary
Functions, Combinations, Local Services or other services
provided under this Agreement.
10.5. Obligation to Defend; Notice; Co-operation - Whenever a Claim
shall arise for indemnification under Section 10.4, the relevant
Indemnitee, as appropriate, shall promptly notify the
Indemnifying Party and request the Indemnifying Party to defend
the same. Failure to so notify the Indemnifying Party shall not
relieve the Indemnifying Party of any liability that the
Indemnifying Party might have, except to the extent that such
failure prejudices the Indemnifying Party's ability to defend
such Claim. The Indemnifying Party shall have the right to
defend against such liability or assertion in which event the
Indemnifying Party shall give written notice to the Indemnitee
of acceptance of the defense of such Claim and the identity of
counsel selected by the Indemnifying Party. Except as set forth
below, such notice to the relevant Indemnitee shall give the
Indemnifying Party full authority to defend, adjust, compromise
or settle such Claim with respect to which such notice shall
have been given, except to the extent that any compromise or
settlement shall prejudice the Intellectual Property Rights of
the relevant Indemnitees. The Indemnifying Party shall consult
with the relevant Indemnitee prior to any compromise or
settlement that would affect the Intellectual Property Rights or
other rights of any Indemnitee, and the relevant Indemnitee
shall have the right to refuse such compromise or settlement
and, at the refusing Party's or refusing Parties' cost, to take
over such defense, provided that in such event the Indemnifying
Party shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnitee against, any cost or liability
in excess of such refused compromise or settlement. With respect
to any defense accepted by the Indemnifying Party, the relevant
Indemnitee shall be entitled to participate with
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the Indemnifying Party in such defense if the Claim requests
equitable relief or other relief that could affect the rights of
the Indemnitee and also shall be entitled to employ separate
counsel for such defense at such Indemnitee's expense. In the
event the Indemnifying Party does not accept the defense of any
indemnified Claim as provided above, the relevant Indemnitee
shall have the right to employ counsel for such defense at the
expense of the Indemnifying Party. Each Party agrees to
cooperate and to cause its employees and agents to cooperate
with the other Party in the defense of any such Claim and the
relevant records of each Party shall be available to the other
Party with respect to any such defense.
11. AUDITS AND INSPECTIONS
11.1. Subject to PACIFIC's reasonable security requirements and except
as may be otherwise specifically provided in this Agreement,
CLEC may audit PACIFIC's books, records, and other documents
once in each Contract Year for the purpose of evaluating the
accuracy of PACIFIC's billing and invoicing for services
provided by PACIFIC to CLEC hereunder. CLEC may employ other
persons or firms for this purpose. Such audit shall take place
at a time and place agreed on by the Parties no later than
thirty (30) days after notice thereof to PACIFIC.
11.2. Subject to CLEC's reasonable security requirements and except as
may be otherwise specifically provided in this Agreement,
PACIFIC may audit CLEC's books, records, and other documents
once in each Contract Year for the purpose of evaluating the
accuracy of CLEC's billing and invoicing for services provided
by CLEC to PACIFIC hereunder. PACIFIC may employ other persons
or firms for this purpose. Such audit shall take place at a time
and place agreed on by the Parties no later than thirty (30)
days after notice thereof to CLEC.
11.3. Each Party shall promptly correct any billing or invoicing
errors that are revealed in an audit, including making refund of
any overpayment in the form of a credit, or payment of any under
payment in the form of a debit, on the invoice for the first
full billing cycle after the Parties have agreed upon the
accuracy of the audit results. Any disputes concerning audit
results shall be resolved pursuant to the Alternate Dispute
Resolution procedures described in Attachment 3.
11.4. Each Party shall cooperate fully in any such audit, providing
reasonable access to any and all appropriate employees and
books, records and other documents reasonably necessary to
assess the accuracy of each Party's billing and invoicing.
11.5. Either Party may audit the other Party's books, records and
documents more than once during any Contract Year if the
previous audit found previously uncorrected net variances or
errors in invoices in the other Party's favor with an aggregate
value of at least three percent (3%) of the amounts payable by
the Party being audited under this Agreement during the period
covered by the audit.
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11.6. Audits shall be at the requesting Party's expense, subject to
reimbursement by the audited Party in the event that an audit
finds an adjustment in the charges or in any invoice paid or
payable by the requesting Party hereunder by an amount that is,
on an annualized basis, greater than three percent (3%) of the
aggregate charges to the requesting Party under this Agreement
during the period covered by the audit.
11.7. Upon (i) the discovery by a Party of overcharges not previously
reimbursed to the other Party or (ii) the resolution of disputed
audits, the audited Party shall promptly reimburse the
requesting Party the amount of any overpayment, plus interest at
the prime rate compounded daily for the number of days from the
date of overpayment to and including the date that payment is
actually made. In no event, however, shall interest be assessed
on any previously assessed or accrued late payment charges.
11.8. Upon (i) the discovery by either Party of underpayments not
previously paid to the other Party, or (ii) the resolution of
disputed audits, the audited Party shall promptly pay the other
Party the amount of any underpayment, plus interest at the prime
rate compounded daily from the date of underpayment to and
including the date that payment is actually made.
11.9. Subject to PACIFIC's reasonable security requirements and except
as may be otherwise specifically provided in this Agreement,
CLEC shall have the following audit rights in addition to the
financial audit rights provided above: (a) if CLEC has a
reasonable basis to believe that an audit is required to confirm
PACIFIC's compliance with the Act or this Agreement, CLEC may
inspect once, in each Contract Year, PACIFIC's books, records,
and other documents relevant to the Network Elements, Ancillary
Functions, Combinations, Local Services, or other services
provided to CLEC for the purpose of evaluating PACIFIC's
compliance with the terms and conditions of this Agreement; and
(b) CLEC shall have the audit rights specified in Attachments 17
and 18. CLEC employees may conduct audits pursuant to this
Section 11.9, unless PACIFIC reasonably maintains that the
books, records and other documents relating to CLEC are
impossible or impractical to segregate from documents containing
proprietary information of other parties, in which case, the
audit shall be conducted by a mutually designated third Party
auditor, with the expense shared equally by the Parties,
provided, however, that (a) if the auditor finds that PACIFIC
has complied with the Act or this Agreement, CLEC shall pay for
the audit; and (b) if the auditor finds that PACIFIC has not
complied with the Act or this Agreement, PACIFIC shall pay for
the audit.
12. SERVICE PERFORMANCE MEASURES AND RELATED REMEDIES
12.1. Remedies. The remedies set forth in Attachment 17 shall apply
when default has occurred as defined in this Agreement, and,
where appropriate, default notice has
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been given. Payment of remedies shall be in the nature of
liquidated damages to the non-defaulting Party, and shall be in
lieu of all other damages related to the default, including
without limitation liability imposed by tariff for the same
default. Where more than one performance category is subject to
the remedy, a remedy payment for each category will be made by
the defaulting Party to the non-defaulting Party, except where
remedies involve waiver of non-recurring charges, the charge
will only be waived once per affected service order. Remedies
for comparative measures will be paid only for those defaulting
performance areas for the number of provisioning and maintenance
items that would restore service levels to parity based on the
measured performance for the same class of service, at the same
time in the same geographic area.
12.2. In order that both Parties may have the opportunity to evaluate
the forecasting, operational processes and service levels
provided under the Agreement, remedies will not be applied in
the first six months from the Effective Date of the Agreement.
Prior to the commencement of remedies, each Party will measure
performance and, as mutually agreed, will change measurements,
objectives and remedy limits when actual performance indicates
that any of the measurements, objectives or remedy limits are
ineffective or inappropriate for the service or Network Element
being provided.
12.3. The Parties may amend, modify, delete or add remedies by mutual
agreement and modification of Attachment 17.
13. UNCOLLECTIBLE OR UNBILLABLE REVENUES
13.1. Uncollectible or unbillabel revenues resulting from, but not
confined to, provisioning, maintenance, or signal network
routing errors shall be the responsibility of the Party causing
such error.
14. CUSTOMER CREDIT HISTORY
CLEC and PACIFIC agree to make available to the Centralized Credit Check
System (CCCS) on a timely basis the following customer payment history
components for each person or entity that applies for local or intraLATA
toll Telecommunications Service(s) from either carrier, and for each
unpaid closed account. Such information shall be provided on the
condition that the CCCS will only make such information available to the
carrier to which the person or entity in question has applied for
telephone service when CCCS has unpaid closed account information for
that applicant.
Customer's full name, surname, given name, middle name or initial;
Service address, when service was/is provided;
Mailing address, where bills are sent;
Current telephone number;
Applicant's previous phone number; if any;
Spouse's name, if applicable;
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Valid identifying number(s) for customer and/or spouse, e.g.
Social Security Number, Driver's License, etc.;
Specific Data regarding accounts that have left an unpaid debt with the
utility; and
Payments and adjustments on unpaid accounts to update current balance
due information.
15. FORCE MAJEURE
15.1. Except as otherwise specifically provided in this Agreement,
neither Party shall be liable for any delay or failure in
performance of any part of this Agreement caused by a Force
Majeure condition, including acts of the United States of
America or any state, territory or political subdivision
thereof, acts of God or a public enemy, fires, floods, disputes,
freight embargoes, earthquakes, volcanic actions, wars, civil
disturbances, or other causes beyond the reasonable control of
the Party claiming excusable delay or other failure to perform.
Provided, Force Majeure shall not include acts of any
Governmental Authority relating to environmental, health or
safety conditions at Work Locations. If any Force Majeure
condition occurs, the Party whose performance fails or is
delayed because of such Force Majeure condition shall give
prompt notice to the other Party, and upon cessation of such
Force Majeure condition, shall give like notice and commence
performance hereunder as promptly as reasonably practicable.
15.2. Notwithstanding subsection 15.1, preceding, no delay or other
failure to perform shall be excused pursuant to this Section:
(i) by the acts or omissions of a Party's subcontractors,
material men, suppliers or other third persons providing
products or services to such Party unless such acts or omissions
are themselves the product of a Force Majeure condition, (ii) if
the delay or failure relates to environmental, health or safety
conditions at Work Locations and, (iii) unless such delay or
failure and the consequences thereof are beyond the control and
without the fault or negligence of the Party claiming excusable
delay or other failure to perform.
16. CERTAIN STATE AND LOCAL TAXES
Any state or local excise, sales, or use taxes (excluding any taxes
levied on income) resulting from the performance of this Agreement shall
be borne by the Party upon which the obligation for payment is imposed
under applicable law, even if the obligation to collect and remit such
taxes is placed upon the other Party, provided, however, that the other
Party has not acted in a manner that has materially impaired the ability
of the liable Party to contest the tax or the amount of the tax (and
interest and penalties, etc.) regardless of whether the impairment was
foreseeable. If the other Party has materially impaired the ability of
the liable Party to contest the tax or the amount of the tax, the Party
causing the impairment shall be liable for the tax (interest and
penalties, etc.) caused by the Party's impairment. Any such taxes shall
be shown as separate items on applicable billing documents between the
Parties. The Party so obligated to pay any such taxes 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
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exist on any asset of the other Party by reason of the contest. The
Party obligated to collect and remit shall cooperate in any such contest
by the other Party;
17. ALTERNATIVE DISPUTE RESOLUTION
All disputes, claims or disagreements (collectively "Disputes") arising
under or related to this Agreement or the breach hereof, except those
arising pursuant to Attachment 13, Connectivity Billing, shall be
resolved according to the procedures set forth in Attachment 3. Disputes
involving matters subject to the Connectivity Billing provisions
contained in Attachment 13, shall be resolved in accordance with the
Billing Disputes section of Attachment 13. In no event shall the Parties
permit the pendency of a Dispute to disrupt service to any CLEC Customer
contemplated by this Agreement. The foregoing notwithstanding, neither
this Section 17 nor Attachment 3 shall be construed to prevent either
Party from (a) invoking a remedy required or permitted by the Act or FCC
regulations thereunder or (b) seeking and obtaining temporary equitable
remedies, including temporary restraining orders. A request by a Party
to a court or a regulatory authority for interim measures or equitable
relief shall not be deemed a waiver of the obligation to comply with
Attachment 3.
18. NOTICES
Any notices or other communications required or permitted to be given or
delivered under this Agreement shall be in hard-copy writing (unless
otherwise specifically provided herein) and shall be sufficiently given
if delivered personally or delivered by prepaid overnight express
service to the following (unless otherwise specifically required by this
Agreement to be delivered to another representative or point of
contact):
If to CRL Network Services:
Xxx Xxxxx
President
Xxx Xxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxxxx, XX 00000
and
Contracts Administrator
Xxx Xxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxxxx, XX 00000
If to PACIFIC:
Director, Competitor Provider Accounts
000 Xxxxx Xxxxxx, Xxxx 000
Xxx Xxxxxxxxx, XX 00000
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and
Xxxxx X. Xxxxx
General Attorney & Assistant General Counsel
Pacific Telesis Legal Group
000 Xxx Xxxxxxxxxx Xxxxxx, Xxxx 0000
Xxx Xxxxxxxxx, XX 00000
Fax: (000) 000-0000
Either Party may unilaterally change its designated representative
and/or address for the receipt of notices by giving seven (7) days prior
written notice to the other Party in compliance with this Section. Any
notice or other communication shall be deemed given when received.
19. CONFIDENTIALITY AND PROPRIETARY INFORMATION
19.1. For the purposes of this Agreement, "Confidential Information"
means confidential or proprietary technical or business
Information given by the Discloser to the Recipient. All
information which is disclosed by one Party to the other in
connection with this Agreement shall automatically be deemed
proprietary to the Discloser and subject to this Agreement,
unless otherwise confirmed in writing by the Discloser. In
addition, by way of example and not limitation, all orders for
Network Elements Ancillary Functions, Combinations, Local
Services or other services placed by CLEC pursuant to this
Agreement, and information that would constitute Customer
Proprietary Network Information of CLEC Customers pursuant to
the Act and the rules and regulations of the FCC, and Recorded
Usage Data as described in Attachment 14, whether disclosed by
CLEC to PACIFIC or otherwise acquired by PACIFIC in the course
of the performance of this Agreement, shall be deemed
Confidential Information of CLEC for all purposes under this
Agreement.
19.2. For a period of five (5) years from the receipt of Confidential
Information from the Discloser, except as otherwise specified in
this Agreement, the Recipient agrees (a) to use it only for the
purpose of performing under this Agreement; (b) to hold it in
confidence and disclose it to no one other than its employees
having a need to know for the purpose of performing under this
Agreement; and (c) to safeguard it from unauthorized use or
disclosure with at least the same degree of care with which the
Recipient safeguards its own Confidential Information. If the
Recipient wishes to disclose the Discloser's Confidential
Information to a third party agent or consultant, such
disclosure must be mutually agreed to in writing by the Parties
to this Agreement, and the agent or consultant must have
executed a written agreement of non-disclosure and non-use
comparable in scope to the terms of this Section.
19.3. The Recipient may make copies of Confidential Information only
as reasonably necessary to perform its obligations under this
Agreement. All such copies shall
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bear the same copyright and proprietary rights notices as are
contained on the original.
19.4. The Recipient agrees to return all Confidential Information in
tangible form received from the Discloser, including any copies
made by the Recipient, within thirty (30) days after a written
request is delivered to the Recipient, or to destroy all such
Confidential Information. except for Confidential Information
that the Recipient reasonably requires to perform its
obligations under this Agreement. If either Party loses or makes
an unauthorized disclosure of the other Party's Confidential
Information, it shall notify such other Party immediately and
use reasonable efforts to retrieve the lost or wrongfully
disclosed information.
19.5. The Recipient shall have no obligation to safeguard Confidential
Information: (a) which was in the possession of the Recipient
free of restriction prior to its receipt from the Discloser; (b)
after it becomes publicly known or available through no breach
of this Agreement by the Recipient; (c) after it is rightfully
acquired by the Recipient free of restrictions on its
disclosure; or (d) after it is independently developed by
personnel of the Recipient to whom the Discloser's Confidential
Information had not been previously disclosed. In addition,
either Party shall have the right to disclose Confidential
Information to any mediator, arbitrator, state or federal
regulatory body, the Department of Justice or any court in the
conduct of any mediation, arbitration or approval of this
Agreement or in any proceedings concerning the provision of
interLATA services by PACIFIC. Additionally, the Recipient may
disclose Confidential Information if so required by law, a
court, or governmental agency, so long as the Discloser has been
notified of the requirement promptly after the Recipient becomes
aware of the intended disclosure, and so long as the Recipient
undertakes all lawful measures to avoid disclosing such
information until Discloser has had reasonable time to seek a
protective order that covers the Confidential Information to be
disclosed.
19.6. Each Party's obligations to safeguard Confidential Information
disclosed prior to expiration or termination of this Agreement
shall survive such expiration or termination.
19.7. Except as otherwise expressly provided elsewhere in this
Agreement, no license is hereby granted under any patent,
trademark, or copyright, nor is any such license implied, solely
by virtue of the disclosure of any Confidential Information.
19.8. Each Party agrees that the Discloser would be irreparably
injured by a breach of this Agreement by the Recipient or its
representatives and that the Discloser shall be entitled to seek
equitable relief, including injunctive relief and specific
performance, in the event of any breach of the provisions of
this Agreement. Such remedies shall not be deemed to be the
exclusive remedies for a breach of this Agreement, but shall be
in addition to all other remedies available at law or in equity.
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19.9. Nothing in this Section 19 shall prevent PACIFIC from using
Recorded Usage Data for the limited purpose of network planning
and management.
20. BRANDING
20.1. Services offered by CLEC that incorporate Network Elements,
Ancillary Functions or Combinations made available to CLEC
pursuant to this Agreement, and Local Services that CLEC offers
for resale shall be branded as stated in the Attachments to this
Agreement. In no event shall PACIFIC personnel installing or
repairing CLEC Local Service, Network Elements, or Combinations
initiate a conversation with the end user customer to market
PACIFIC products or services. PACIFIC personnel shall respond to
any inquires from end users or consumers concerning PACIFIC's
products or services by providing a telephone number to call for
information.
21. MISCELLANEOUS
21.1. Delegation or Assignment - Neither Party shall assign any of its
rights or delegate any of its obligations under this Agreement
without the prior written consent of the other Party which will
not be unreasonably withheld. Any prohibited assignment or
delegations shall be null and void.
21.2. Subcontracting - Neither Party shall subcontract the performance
of any obligation under this Agreement without the prior written
consent of the other Party, which shall not be unreasonably
withheld. If any obligation is performed through a
subcontractor, the original Party shall remain fully responsible
for the performance of this Agreement in accordance with its
terms, including any obligations it performs through
subcontractors, and shall be solely responsible for payments due
its subcontractors. No contract, subcontract or other agreement
entered into by either Party with any third party in connection
with the provision of Local Services or Network Elements
hereunder shall provide for any indemnity, guarantee or
assumption of liability by, or other obligation of, the other
Party to this Agreement with respect to such arrangement, except
as consented to in writing by the other Party. No subcontractor
shall be deemed a third party beneficiary for any purposes under
this Agreement.
21.3. Nonexclusive Remedies - Except as otherwise expressly provided
in this Agreement, each of the remedies provided under this
Agreement is cumulative and is in addition to any remedies that
may be available at law or in equity.
21.4. 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
privilege.
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21.5. Referenced Documents - Whenever any provision of this Agreement
refers to a technical reference, technical publication, CLEC
practice, PACIFIC practice, any publication of
telecommunications industry administrative or technical
standards, or any other document specifically incorporated into
this Agreement, it will be deemed to be a reference to the most
recent version or edition (including any amendments,
supplements, addenda, or successors) of such document that is in
effect, and will include the most recent version or edition
(including any amendments, supplements, addenda, or successors)
of each document incorporated by reference in such a technical
reference, technical publication, CLEC practice, PACIFIC
practice, or publication of industry standards. Should there be
an inconsistency between or among publications or standards, the
Parties shall mutually agree which requirement shall apply.
21.6. Governing Law - The validity of this Agreement, the construction
and enforcement of its terms, and the interpretation of the
rights and duties of the Parties shall be governed by the laws
of the State of California other than as to conflicts of laws,
except insofar as federal law may control any aspect of this
Agreement, in which case federal law shall govern such aspect.
The Parties submit to personal jurisdiction in San Francisco,
California and waive any and all objections to California venue.
21.7. Publicity and Advertising - Neither Party shall publish or use
any advertising, sales promotions or other publicity materials
that use the other Party's logo, trademarks or service marks
without the prior written approval of the other Party.
21.8. Amendments or Waivers - Except as otherwise provided in this
Agreement, no amendment or waiver of any provision of this
Agreement, and no consent to any default under this Agreement
shall be effective unless the same is in writing and signed
either by an officer of the Party against whom such amendment,
waiver or consent is claimed or by the designated representative
of such an officer. In addition, no course of dealing or failure
of a Party strictly to enforce any term, right or condition of
this Agreement shall be construed as a waiver of such term,
right or condition. By entering into this Agreement neither
Party waives any right granted to it pursuant to the Act.
21.9. Severability - If any term, condition or provision of this
Agreement is held to be invalid or unenforceable for any reason,
such invalidity or unenforceability shall not invalidate the
entire Agreement, unless such construction would be
unreasonable. The Agreement shall be construed as if it did not
contain the invalid or unenforceable provision or provisions,
and the rights and obligations of each Party shall be construed
and enforced accordingly; provided, however, that in the event
such invalid or unenforceable provision or provisions are
essential elements of this Agreement and substantially impair
the rights or obligations of either Party, the Parties shall
promptly negotiate a replacement provision or provisions.
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21.10. Entire Agreement - This Agreement, which shall include the
Attachments, Appendices and other documents referenced herein,
constitutes the entire Agreement between the Parties concerning
the subject matter hereof and supersedes any prior agreements,
representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, with respect to the
subject matter expressly set forth herein.
21.11. Definitions and Diagrams: The definitions contained in
Attachment 1 are meant to accurately describe the meaning
accorded the term as required by the Act and as used in this
Agreement. In the event of any disagreement between a definition
of the term in the Act, in Attachment 1 or any other part of
this Agreement (including the Attachments), the definition in
the Act shall supersede any definition in the Agreement or
Attachments and any specific definition in an Attachment other
than Attachment 1 shall supersede the definition in Attachment
1. Throughout this Agreement and its Attachments, various
diagrams are used. These diagrams are illustrative only, and, in
the event of any disagreement between the diagram and the words
of this Agreement, the words of this Agreement shall control.
21.12. Survival of Obligations - Any liabilities or obligations of a
Party for acts or omissions prior to the cancellation or
termination of this Agreement, any obligation of a Party under
the provisions regarding indemnification, Confidential
Information, limitations on liability, and any other provisions
of this Agreement which, by their terms, are contemplated to
survive (or to be performed after) termination of this
Agreement, shall survive cancellation or termination thereof.
21.13. Executed in Counterparts - This Agreement may be executed in any
number of counterparts, each of which shall be deemed an
original; but such counterparts shall together constitute one
and the same instrument.
21.14. Headings of No Force or Effect - The headings of Articles and
Sections of this Agreement are for convenience of reference
only, and shall in no way define, modify or restrict the meaning
or interpretation of the terms or provisions of this Agreement.
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In witness whereof, the Parties have executed this Agreement through their
authorized representatives.
PACIFIC XXXX CRL NETWORK SERVICES
Signature: /S/ Xxxxx Xxxxxx Signature: /S/ Xxxxx Xxxxx
------------------------ ------------------------
Printed Name: Xxxxx Xxxxxx Printed Name: Xxxxx Xxxxx
--------------------- ---------------------
Title: VP-GM Industry Markets Title: President
---------------------------- ----------------------------
Date: 9/22/98 Date: 9/9/98
----------------------------- -----------------------------
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ATTACHMENT 1
Page 1
ATTACHMENT 1
DEFINITIONS
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ATTACHMENT 1
Page 2
1. "Access Tandem Switches" are switches used to connect End Offices to
Interexchange Carrier switches. PACIFIC's Access Tandem Switches are
also used to connect and switch traffic between and among Central
Office Switches.
2. "Act" means the Communications Act of 1934, 47 U.S.C. 151 et seq., as
amended by the Telecommunications Act of 1996, and as interpreted
from time to time in the duly authorized rules and regulations of the
FCC or the Commission.
3. "Advanced Intelligent Network (AIN) Trigger Capability" is a network
functionality that permits specific conditions to be programmed into
a switch which, when met, directs the switch to suspend call
processing and to receive special instructions for further call
handling instructions in order to enable carriers to offer advanced
features and services.
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.
5. "Ancillary Functions" are services or facilities that PACIFIC offers
to CLEC so that CLEC may obtain and use unbundled Network Elements or
PACIFIC services to provide telecommunications services to CLEC's
customers. Ancillary Functions include collocation and rights of way,
and may include other services or facilities as mutually agreed to by
the parties.
6. "Applicable Law" shall mean all laws, statutes, common law,
regulations, ordinances, codes, rules, guidelines, orders, permits
and approvals of any Governmental Authority, including without
limitation those relating to the environment, health and safety,
which apply or relate to Work Locations or the subject matter of this
Agreement.
7. "CLEC Customer" means the relationship for a specific service with
any business or residential customer to the extent such customer
purchases CLEC services.
8. "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
9. "Automatic Location Identification/(ALI)" means the feature of E911
that displays at the PSAP the address of the calling telephone
number. This feature requires a data storage and retrieval system for
translating telephone numbers to the associated address. ALI
information may include Emergency Service Number (ESN), street
address, room or floor, and names of the enforcement, fire and
medical agencies with jurisdictional responsibility for the address.
The Management System (E911) database is used to update the Automatic
E911 Location Identification (ALI) databases.
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ATTACHMENT 1
Page 3
10. "Automatic Route Selection (ARS)" is a service feature that provides
for automatic selection of the most appropriate outbound route for
each call based on criteria programmed into the system.
11. "Busy Line Verification" or "BLV" means a service in which an end
user requests an operator to confirm the busy status of a line.
12. "Busy Line Verification and Interrupt" or "BLVI" means a service in
which an end user requests an operator to confirm the busy status of
a line and requests an interruption of the call.
13. "CABS" means the Carrier Access Billing System.
14. "Calling Party Number (CPN)" means a Common Channel Signaling
parameter which refers to the number transmitted through the network
identifying the calling party.
15. "Central Office Switch" or "Central Office" means a switching entity
within the public switched telecommunications network, including but
not limited to End Office Switches and Tandem Switches. Central
Office Switches may be employed as combination End Office/Tandem
Switches.
16. "CLC Operations Handbook" means Sections 16.6 and 16.7 of the CLC
Handbook, which address PACIFIC's Operations and Administration
interfaces for local interconnection and SS7.
17. "Centralized Message Distribution System" ("CMDS") means the
transport system that LECs use to exchange outcollect and CABS access
messages among each other and other parties connected to CMDS.
18. "Charge Number" means a CCS signaling parameter that refers to the
number transmitted through the network identifying the billing number
of the calling party.
19. "Centrex" means a Telecommunications Service that uses central office
switching equipment for call routing to handle direct dialing of
calls, and to provide many private branch exchange-like features.
20. "CLASS (Custom Local Area Signaling Service) and Custom Features"
means a grouping of optional enhancements to basic local exchange
service that offers special call handling features to end users
(e.g., call waiting, call forwarding and automatic redial).
21. "Combination" shall have the meaning set forth in 47 C.F.R. Sec.
51.315.
22. "Commission" means the California Public Utilities Commission.
23. "Common Channel Signaling" or "CCS" means a method of digitally
transmitting call set-up and network control data over a special
network fully separate from the public
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ATTACHMENT 1
Page 4
switched network elements that carry the actual call. Signaling
System 7 ("SS7") is the CCS network presently used by
telecommunications carriers.
24. "Competitive Local Carrier (CLC) or Competitive Local Exchange
Carrier (CLEC)" is a carrier who competes in the provision of local
exchange telecommunications service as set forth in Opinion, Appendix
C, Section 3(B), and is not an Incumbent LEC as defined by 47 U.S.C.,
Section 251(h) of the Act.
25. "Conduit" means a tube or similar enclosure that may be used to house
communication or communications-related power cables. Conduit may be
underground or above ground (for example, inside buildings) and may
contain one or more inner ducts. An inner duct means a separate tube
or enclosure within a conduit.
26. "Confidential Information" has the meaning set forth in Section 18.1
of the General Terms and Conditions.
27. "Contract Year" means a twelve (12) month period during the term of
the contract commencing on the Effective Date and each anniversary
thereof.
28. "Control Office" means an exchange carrier center or office
designated as its company 5 single point of contact for the
provisioning and maintenance of its portion of interconnection
arrangements
29. "Cross Connection" means an intra-wire center channel connecting
separate pieces of telecommunications equipment
30. "Customer Usage Data" means the local Telecommunications Services
usage data of an CLEC Customer, measured in minutes, sub-minute
increments, message units, or otherwise, that is recorded by PACIFIC
and forwarded to CLEC.
31. "Directory Number Call Forwarding (DNCF)" means an interim form of
Service Provider Number Portability ("SPNP") which is provided
through existing and available call routing and call forwarding
capabilities. DNCF will forward calls dialed to an original telephone
number to a new telephone number on a multi-path basis. DNCF is not
limited to listed directory numbers.
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ATTACHMENT 1
Page 5
32. "Discloser" means that party to this Agreement which has disclosed
Confidential Information to the other party.
33. "DSX Panel" means a cross-connect bay or panel used for the
termination of equipment and facilities operating at digital rates.
34. "DS-0" means a digital signal rate of 64 Kilobits per second
("kbps").
35. "DS-1" means a digital signal rate of 1.544 Megabits Per Second
("Mbps").
36. "DS-3" means a digital signal rate of 44.736 Mbps.
37. "E911 Management System (MS)" A system of computer programs used by
PACIFIC to create, store and update the data that provides Selective
Routing (SM) and/or Automatic Location Identification (ALI).
38. "E911 Management System Gateway" is a processor that can relieve the
host computer (management system) of performing certain tasks, such
as message handling, code conversion, error control and application
functions.
39. "E911 Service" is a method of routing 911 calls to a PSAP that uses
customer location data in the ALI/DMS to determine the PSAP to which
a call should be routed.
40. "Effective Date" is the date indicated in the Preface on which the
Agreement shall become effective.
41. "EISCC" or "Expanded Interconnection Cross Connection" means the
connection between the collocation point of termination ("POT') and
the unbundled Network Element or interconnection point to a switched
or dedicated service in PACIFIC's network.
42. "Electronic File Transfer" means any system or process that utilizes
an electronic format and protocol to send or receive data files.
43. "End Office Switches" are switches from which end users' Exchange
services are directly connected and offered.
44. "Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires
investigation, remediation, compensation, fine or penalty under any
Applicable Law (including, without limitation, the Comprehensive
Environmental Response Compensation and Liability Act, Superfund
Amendment and Reauthorization Act, Resource Conservation Recovery
Act, the Occupational Safety and
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ATTACHMENT 1
Page 6
Health Act and provisions with similar purposes in applicable
foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation,
indoor, outdoor or orbital space environments) and is regulated under
any Applicable Law.
45. "Exchange Message Record" or "EMR" means the standard used for
exchange of telecommunications message information among LECs for
billable, non-billable, sample, settlement and study data. EMR format
is contained in BR-010-200-010 XXXX Exchange Message Record, a
Bellcore document which defines industry standards for exchange
message records.
46. "Exchange Service" is as defined in the Act.
47. "FCC" means the Federal Communications Commission.
48. "First Interconnection Order" means the First Report and Order issued
In the Matter of Implementation of the Local Competition provision in
the Telecommunications Act of 1996 (CC Docket No. 96-98, FCC 96-325)
(released August 8,1996).
49. "Governmental Authority" means any federal, state, local, foreign or
international court, government, department, commission, board,
bureau, agency, official, or other regulatory, administrative,
legislative or judicial authority with jurisdiction.
50. "Interconnection" is as described in the Act.
51. "Interexchange Carrier (IEC or IXC)" means a provider of
interexchange telecommunications services.
52. "Interim Number Portability" or "INP" means the delivery of service
provider Number Portability capabilities through the use of
switch-based call routing as described in 47 C.F.R. Sec. 52.7.
53. "Integrated Services Digital Network" or "ISDN" means a digital
switched network service. "Basic Rate ISDN" provides for channelized
(23 bearer and 1 data) end-to-end digital connectivity for the
transmission of voice or data on either or both bearer channels and
packet data on the data channel. "Primary Rate ISDN" provides for 24
bearer and 1 data channels.
54. "LATA-Wide Terminating Interconnection" means an interconnection
arrangement whereby one Party interconnects to a single designated
tandem switch of the other Party to terminate local and intraLATA
toll. The Party providing such termination will designate the tandem
switch where such interconnection is to occur.
55. "Line Information Data Base(s) (LIDB)" means one or all, as the
context may require, of the Line Information Databases owned
individually by ILECs and other entities which provide, among other
things, calling card validation functionality for telephone line
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ATTACHMENT 1
Page 7
number cards issued by ILECs and other entities. A LIDB also contains
validation data for collect and third number-billed calls, which
include billed number screening.
56. "Line Side" refers to End Office switch connections that have been
programmed to treat the circuit as a local line connected to a
terminating station (e.g., an ordinary subscriber's telephone station
set, a PBX, answering machine, facsimile machine or computer). Line
Side connections offer only those transmission and signal features
appropriate for a connection between an End Office and such
terminating station.
57. "Link" has the meaning set forth in Attachment 6, Section 3.
58. "Local Calls" are as defined by the Commission. Local Calls currently
include all 0-12 mile calls based on the rate centers of the
originating and terminating NPA-NXXs of the callers (these include
ZUM Zone 1 and ZUM Zone 2 calls) and, where established in incumbent
LEC tariffs, ZUM Zone 3 and Extended Area Service (EAS) calls.
59. "Local Exchange Routing Guide" or "LERG" means a Bellcore Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing
information as well as Network Element and equipment designations.
60. "Local Exchange Traffic" means traffic originated on the network of a
LEC in a LATA and completed directly between that LEC's network and
the network of another LEC in that same LATA, including intraLATA
toll traffic and traffic originated to or terminated from LECs not
party to this Agreement. Local Exchange Traffic does not include
traffic that is routed to or terminated from the network of an IXC.
61. "Local Interconnection Trunks/Trunk Groups" are used for the
termination of Local Exchange Traffic, using Bellcore Technical
Reference GR-317-CORE ("GR-317").
62. "Local Loop" shall have the meaning set forth in 47 C.F.R. Section
51.319(a).
63. "Local Number Portability (LNP)" means the ability of users of
telecommunications services to retain, at the same location, existing
telecommunications numbers without impairment of quality,
reliability, or convenience when switching from one
telecommunications carrier to another.
64. "Local Service" has the meaning set forth in Attachment 5, Section
1.1.
65. "Loop" has the meaning set forth in Attachment 6, Section 3.
66. "MECAB" means the Multiple Exchange Carrier Access Billing document
prepared under the direction of the Billing Committee of the Ordering
and Billing Forum "OB F", which functions under the auspices of the
Carrier Liaison Committee of the Alliance for Telecommunications
Industry Solutions (ATIS), Section 23.1 of Part 1. The MECAB
document, published by Bellcore as Special Report SR-BDS-000983,
contains the recommended guidelines for the billing of access and
other connectivity services
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provided by two or more LECs (including LECs and CLECs), or by one
LEC or CLEC in two or more states within a single LATA.
67. "Meet Point Trunks/Trunk Groups" ("MPTGs") are used for the joint
provision of Switched Access services, utilizing Bellcore Technical
References GR-394-CORE ("GR-394") and GR-317 CORE ("GR-317"). MPTGs
are those between a local End Office and an Access Tandem as
described in FSD 20-24-0000 and 20-24-0300.
68. "MECOD" means the Multiple Exchange Carriers Ordering and Design
Guidelines for Access Services - Industry Support Interface, a
document developed by the Ordering/Provisioning Committee under the
auspices of the OBF, which functions under the auspices of the
Carrier Liaison Committee of the ATI S. The MECOD document, published
by Bellcore as Special Report SR STS-002643, establishes methods for
processing orders for access and other connectivity service which is
to be provided by two or more local carriers (including a LEC and a
CLC), or by one LEC or CLEC in two or more states within a single
LATA.
69. "Mid-Span Meet" means an interconnection between two LECs whereby
each provides its own cable and equipment up to the meet point of the
cable facilities. The meet point is the demarcation establishing
ownership of and responsibility for each LEC's portion of the
transmission facility.
70. "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 authority designated
to receive such calls.
71. "Network Element" is as defined in the Act.
72. "North American Numbering Plan (NANP)" means the system of telephone
numbering employed in the United States, Canada, and certain
Caribbean countries.
73. "Numbering Plan Area (NPA)" is also sometimes referred to as an area
code and the three digit indicator that 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 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" ("SAC
Code"), is typically associated with a specialized telecommunications
service which may be provided across multiple geographic NPA areas;
500, Toll Free Service NPAs, 700, and 900 are examples of
Non-Geographic NPAs.
74. "Number Portability" is as defined in the Act.
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75. "NXX", "NXX Code" or "Central Office Code" means the three digit
switch entity indicator that 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.
76. "OBF" means 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).
77. "Originating Line Information (OLI)" is an SS7 Feature Group D
signaling parameter which refers to the number transmitted through
the network identifying the billing number of the calling party.
78. "PACIFIC" means Pacific Xxxx.
79. "Party" means either CLEC or PACIFIC. "Parties" means CLEC and
PACIFIC.
80. "Percent Local Usage or "PLU" means a percentage amount that
represents the ratio of the local minutes to the sum of local and
intraLATA toll minutes sent between the Parties over Local
Interconnection Trunks. Directory Assistance, BLV/BLVI, 900, 976,
transiting calls from other LECs, WSP traffic and interLATA Switched
Access calls are not included in the calculation of PLU.
81. "Permanent Number Portability (PNP)" means a long-term solution to
provide LNP for all customers and all providers consistent with the
Act and implementing regulations.
82. "Physical Collocation" shall have the meaning set forth in 47 C.F.R.
Section 51.5.
83. "Point of Interconnection" or "P0I" means a physical location at
which the Parties' networks meet for the purpose of establishing
interconnection. POIs include a number of different technologies and
technical interfaces based on the Parties' mutual agreement.
84. "Pole Attachment" means the connection of a facility to a utility
pole. Some examples of facilities are mechanical hardware, grounding
and transmission cable, and equipment boxes.
85. "Port" means a termination point in the end office switch. For
purposes of general illustration, a Port includes a line card and
associated peripheral equipment on an End Office Switch which serves
as the hardware termination for line or trunk side facilities
connected to the End Office switch. Each line side Port is typically
associated with one or more telephone numbers that serve as the
customer's network address.
86. "Public Safety Answering Point (PSAP)" means the designated agency to
which calls to E911/911 services are routed.
87. "Rate Center" identifies the specific geographic point and
corresponding geographic area which are associated with one or more
particular NPA-NXX codes which have been assigned to a LEC (or CLEC)
for its provision of Exchange Services. The rate point is a
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geographic location identified by specific V&H (vertical and
horizontal coordinates), which are used to measure distance sensitive
end user traffic to/from the particular NPA-NXX designations with the
specific Rate Center.
88. "Rating Point" means the Vertical and Horizontal ("V&H") coordinates
associated with a particular telephone number for rating purposes.
89. "Real Time" means the actual time in which an event takes place, with
the reporting on or the recording of the event practically
simultaneous with its occurrence.
90. "Recipient" means that party to this Agreement to which Confidential
Information has been disclosed by the other party.
91. "Recorded Usage Data" has the meaning set forth in Attachment 14.
92. "Release" means any release, spill, emission, leaking, pumping,
injection, deposit, disposal, discharge, dispersal, leaching, or
migration, including without limitation, the movement of
Environmental Hazards through or in the air, soil, surface water or
groundwater, or any action or omission that causes Environmental
Hazards to spread or become more toxic or more expensive to
investigate or remediate.
93. "Right of Way (ROW)" means the right to use the land or other
property of a third party or governmental authority 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.
94. "Routing Point" means a location which a LEC has designated on its
own network as the homing or routing point for traffic inbound to
Exchange Service provided by the LEC which bears a certain NPA-NXX
designation. The Routing Point is employed to calculate mileage
measurements for the distance-sensitive transport element charges of
Switched Access services. The Routing Point need not be the same as
the Rating Point, nor must it be located within the Rate Center area,
but must be in the same LATA as the NPA-NXX.
95. "Served Premises" means collectively, the CLEC designated locations
to which CLEC orders Network Elements, Ancillary Functions or
Combinations.
96. "Service Control Point" or "SCP" means a node in the CCS network to
which information requests for service handling, such as routing, are
directed and processed. The SCP is a real time database system that,
based on a query from a Service Switching Point ("SSP"), performs
subscriber or application-specific service logic and then sends
instructions back to the SSP on how to continue call processing.
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97. "Service provider local number portability" shall have the same
meaning as Number Portability as defined in the Act and FCC
regulations thereunder.
98. "Signal Transfer Point" or "STP" means equipment that performs a
packet switching function that routes signaling messages among SSPs,
SCPs, Signaling Points ("SPs"), and other STPs in order to set up
calls and to query databases for advanced services.
99. "Special Construction" shall have the meaning set forth in PACIFIC's
Schedule P.U.C. No. 175-T, Section 15.1(B) and (H) as of the
Effective Date of this Agreement and shall not be subject to change
except upon mutual agreement of the Parties (even if the underlying
tariff changes), provided that CLEC will be treated no less favorably
than PACIFIC treats its own end-user customers.
100. "Switched Access" service means an offering of access to services or
facilities for the purpose of the origination or termination of
traffic from or to Exchange Service customers in a given area
pursuant to a Switched Access tariff Switched Access services
includes: Feature Group A ("FGA)", Feature Group B ("FGB"), Feature
Group C ("FGC"), Feature Group D ("FGD"), Toll Free Service, 700 and
900 access. Switched Access service does not include traffic
exchanged between LECs for purpose of local exchange interconnection.
101. "Switched Access Meet Point Billing" means a billing arrangement used
when two or more LECs jointly provide a Switched Access service over
Meet Point Trunks, with each LEC receiving an appropriate share of
the revenues. The access services will be billed using Switched
Access rate structures, and the LECs will decide whether a single
xxxx or multiple xxxx will be sent. If the LECs cannot agree,
multiple bills will be sent.
102. "Tandem Switches" are switches that are used to connect and switch
trunk circuits between and among Central Office Switches.
103. "Toll Traffic" means IntraLATA traffic falling outside of the normal
free calling area as defined by the Commission.
104. "Toll Free Service" means service provided with any dialing sequence
that invokes toll-free, i.e., 800-like, service processing. Toll Free
Service includes calls to the Toll Free Service 800/888 NPA SAC
codes.
105. "Transit Rate" is the rate that applies to local and toll calls sent
between a LEC and a CLC destined for a third-party LEC or CLC.
106. "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, 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.
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107. "Unbundled Services Cross Connector" "USCC" is a connection between
an unbundled link, which terminates at the distribution frame, and
the cross connect system, for the purpose of combining an unbundled
link and PACIFIC unbundled transport when multiplexing is required.
108. "Virtual Collocation" shall have the meaning set forth in 47 C.F.R.
Sec. 51.5.
109. "Voluntary Federal Customer Financial Assistance Programs" are
Telecommunications Services provided to low-income subscribers,
pursuant to requirements established by the appropriate state
regulatory body.
110. "Waste" means all hazardous and non-hazardous substances and
materials which are intended to be discarded, scrapped, or recycled,
associated with activities CLEC or PACIFIC or their respective
contractors or agents perform at Work Locations. It shall be presumed
that all substances or materials associated with such activities,
that are not in use or incorporated into structures (including
without limitation damaged components or tools, leftovers,
containers, garbage, scrap, residues or by products), except for
substances and materials that CLEC, PACIFIC or their respective
contractors or agents intend to use in their original form in
connection with similar activities, are Waste. "Waste" shall not
include substances, materials or components incorporated into
structures (such as cable routes) even after such components or
structure are no longer in current use.
111. "Wire Center" denotes a building or space within a building which
serves as an aggregation point on a given carrier's network, where
transmission facilities and circuits are connected or switched.
PACIFIC Xxxx'x 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. However, for purposes of collocation,
Wire Center shall mean those points eligible for such connections as
specified in FCC Docket No.91-141, and rules adopted pursuant
thereto, as modified by subsequent FCC decisions.
112. "Wireless Service Provider or "WSP" means a provider of Commercial
Mobile Radio Services ("CMRS") e.g., cellular service provider,
Personal Communications Services provider, or paging service
provider.
113. "Work Locations" means any real estate that CLEC or PACIFIC, as
appropriate, owns, leases or licenses or in which it holds easements
or other rights to use, or does use, in connection with this
Agreement.
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ATTACHMENT 2
ACRONYMS
36
ATTACHMENT 2
ACRONYMS
ACRONYM DEFINITION
ACRONYM DEFINITION
AAA American Arbitration Association
AIN Advanced Intelligent Network
ALI Automatic Location Identification/
AMA Automated Message Accounting
AMI Alternate Xxxx Inversion
ANSI American National Standards Institute
ARPM Average Revenue Per Message
APTOS Automated Pricing, Terminals, Options and Services
ATIS Alliance for Telecommunications Industry Solutions
ATM Asynchronous Transfer Mode
B8ZS Bipolar 8 Zero Substitution
BICI Broadband Inter-Carrier Interface
BITS Building Integrated Timing Supply
BLV/BLVI Busy Line Verification/Interrupt
BOSS Billing & Ordering Support System
BRCS Business and Residential Customer Service
C Network Element Combination
C-DTTA Combination of Dedicated Transport & Tandem
C-LPLS Combination of Loop & Local Switching
C- Combination Local Service, Common Transport Signaling, Databases and/or
LSCTSSDBTS Tandem Switching
CABS Carrier Access Billing System
CAMA ANI Centralized Automatic Message Accounting - Automatic Number
Identification
CAP Competitive Access Provider
CCITT Consultative Committee on International Telegraph & Telephone
CCS Common Channel Signaling
CCSNIS Common Channel Signaling Network Interface Specification
XXXXX Customer's Enhanced System for Access Requests
CIC Carrier Identification Code
CLASS Custom Local Area Signaling Service
CLC/CLEC Competitive Local Exchange Xxxxxxx
XXXX Cleopatra (subsystem of XXXXX)
CLFI Common Language Facility Interface
CLLI Common Language Location Identifier
CMDS Centralized Message Distribution Systems
CMIP Coded Xxxx Inversion Protocol
CO Central Office
CPE Customer Premises Equipment
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ATTACHMENT 2
CPN Calling Party Number
CRDD Customer Requested Due Dates
CT Common Transport
CY Current Year
D4 Digital Channel Bank Type 4
DA Directory Assistance
DACS Digital Access Crossconnect Systems
DB Database
DB Service Central Points/Databases
DCC Data Communications Channel
DCS Digital Cross-Connect System
DF Distribution Frame
DID Direct Inward Dialing
DLC Digital Loop Carrier
DLCI Data Link Connection Identifier
DMOQs Direct Measures Of Quality
DN Directory Numbers
DN-RI Directory Number - Route Index
DS-1 Digital Signal Level One
DS-3 Digital Signal Level Three
DS0 Digital Signal Level Zero
DSN Data Set Name
DSX Digital Cross Connect
DT Dedicated Transport
DTMF Dual-Tone Multi Frequency
E Network Element
E&M Ear & Mouth Signaling
E-LP Element Loop
EAMF Equal Access Multi-Frequency
EBCDIC Extended Binary-Coded Decimal Interexchange Code
EBI Electronic Bonding Interface
EFT Electronic Fund Transfer
EI Electronic Interface
EICC Expanded Interconnection Cross Connect
EMR Exchange Message Record
EO End Office
ESF Extended Super Frame
ESL Essential Service Line
ESN Emergency Service Number
ETTR Estimated Time To Repair
FCC Federal Communications Commission
FDI Feeder Distribution Interface
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ATTACHMENT 2
FN Fiber Node
FOC Firm Order Confirmation
FRF Frame Relay Forum
FUNI Framebased User To Network Interface
GTT Global Title Translation
HDT Host Digital Terminal
HFC Hybrid Fiber Coax
HFC-HDT Hybrid Fiber Coax - Host Digital Terminal
ID Remote Identifiers
IEC Interexchange Carrier
IECs Interexchange Carriers
IEEE Institute Of Electrical And Electronic Engineers
IISP Interim Interswitch Signaling Protocol
ILEC Incumbent Local Exchange Carrier
IN Intelligent Network
INA Integrated Network Access
INP Interim Number Portability
ISC Interconnection Services Center
ISDN Integrated Services Digital Network
ISDNUP Integrated Services Digital Network User Part
ISNI Intermediate Signal Network Identifier
ISO International Standardization Organization
ISUP Integrated Services Userpart
ITU International Telecommunications Union
IVMS Interswitch Voice Messaging Service
LARG LIDB Access Routing Guide
LASS Local Area Signaling Services
LATA Local Access Transport Area
LC Loop Concentrator/Multiplexor
LCC Line Class Code
LD Loop Distribution
LEC Local Exchange Carrier
LEC DA LEC Directory Assistance
LEC SCE LEC Service Creation Environment
LEC SCP LEC Service Control Point
LEC SMS LEC Service Management System
LEC SSP LEC Service Switching Point
LERG Local Exchange Carrier Routing Guide
LF Loop Feeder
LFACS Loop Facilities Assignment and Control System
LGX Lightguide Cross-Connect
LIDB Line Information Data Base
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ATTACHMENT 2
LIDB/AS Line Information Data Base Administrative System
LI-OFFICE Local Interconnection Office
LMI Local Management Interface
LNP Local Number Portability
LP Loop
LRECL Logical Record Length
LRN Local Routing Number
LS Local Switching
LSNE Local Switching Network Element
LSO Local Serving Office
LSSGR LATA Switching Systems Generic Requirements
MDF Main Distribution Frame
MDU Multiple Dwelling Unit
MDU/BCL Multiple Dwelling Unit/Business Customer Location
MECAB Multiple Exchange Carrier Billing
MECOD Multiple Exchange Carriers Ordering And Design
MF Multi-Frequency
MIB Management Information Base
MLT Mechanized Loop Tests
MOP Methods Of Procedure
MOS Modified Operator Services
MOU Minutes Of Use
MR Modification Request
MRVT MTP Routing Verification Test
MSAG Master Street & Address Guide
MTP Message Transfer Port
NANP North American Numbering Plan
NDM Network Data Mover
NEBS Network Equipment Building System
NI Network Interface Device
NID Network Interface Device
NIU Network Interface Unit
NMS Network Management System
NNI Network To Network Interface
NPA Numbering Plan Area
NVT Network Validation Test
OA Operator Assistance
OAM Operation And Maintenance
OAM&P Operations Administration Maintenance & Provisioning
OBF Ordering & Billing Forum
OC Optical Carrier
OC3 Optical Carrier Level 3
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ATTACHMENT 2
ODS Optical Distribution
OLI Originating Line Indicator
OMAP Operations, Maintenance & Administration Part
ORT Operational Readiness Test
OS Operator Services
OSS Operations Support Systems
OSSGR Operator Services Systems Generic Requirements
PBSM Pacific Xxxx Service Manager
PBX Private Branch Exchange
PDH Plesiochronous Digital Hierarchy
PEC Primary Exchange Carrier
PIC Primary Interexchange Carrier
PLU Percent Local Usage
PNP Permanent Number Portability
POI Point Of Interface
POI Points Of Interconnection
POT Point Of Termination
POTS Plain Old Telephone Service
PREMIS Premise Information System
PRI Primary Rate Interface
PSAP Public Safety Answering Point
PUC Public Utilities Commission
XXX Regional Accounting Office
RCF Remote Call Forwarding
RECFM Record Format
RI Route Index
RI-PH Route Index - Portability Hub
ROW Right Of Way
RPC Regional Processing Center
RSM Remote Switch Module
RT Remote Terminal
SAC Service Area Code
SAG Street Address Guide
SCCP Signaling Connection Control Point
SCE Service Creation Environmental
SCP Service Control Points
SDH Synchronous Digital Hierarchy
SECAB Small Exchange Carrier Access Billing
SL Signaling Link Transport
SMDI-E Standard Message Desk Interface - Enhanced
SMS Service Management System
SNI Simple Network Interface
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ATTACHMENT 2
SNMP Simple Network Management Protocol
SONET Synchronous Optical Network
SORD Service Order Retrieval And Distribution
SPOC Single Point Of Contact
SPOI Signaling Point Of Interconnection
SRVT SCP Routing Verification Test
SS SS7 Message Transfer & Connection Control
SS7 Signaling System 7
SSP Switching Services Port
STP Signaling Transfer Point
STS Synchronous Transport Signal
STS-1 Synchronous Transport Signal Level 1
STSn Synchronous Transport Signal Level N
SWF-DSI Switched Functional DS1 Service Capability
T1.5 T Carrier Transport @ 1.544 mb
T3 T Carrier Transport @ 45 mb
T&M Time & Material
TCAP Transaction Capabilities Application Port
TDEV Time Deviation
TDI Tie Down Information
TIA/EIA Telecommunications Industries Association/Electronic Industries
Association
TR Technical Requirements
TS Tandem Switching
TSG Trunk Sub-Group
TSGR Transport System Generic Requirements
TSLRIC Total Service Long Run Incremental Cost
TSP Telecommunications Services Priority
UNI User to Network Interface
USCC Unbundled Service Cross Connect
VB Variable Block
VCI Virtual Channel Identifier
VF Voice Frequency
V&H Vertical & Horizontal
WDM Wavelength Division Multiplexing
WSP Wireless Service Provider
WTN Working Telephone Number
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ATTACHMENT 3
ATTACHMENT 3
ALTERNATIVE DISPUTE RESOLUTION
ATTACHMENT 3: TABLE OF CONTENTS
ALTERNATIVE DISPUTE RESOLUTION
1 Purpose.................................................................1
2. Exclusive Remedy........................................................1
3. Informal Resolution of Disputes.........................................2
4. Initiation of an Arbitration............................................2
5. Governing Rules for Arbitration.........................................2
6. Appointment and Removal of Arbitrator...................................3
7. Duties and Powers of the Arbitrator.....................................3
8. Discovery...............................................................4
9. Privileges..............................................................4
10. Location of Hearing.....................................................4
11. Decision................................................................4
12. Fees....................................................................4
13. Confidentiality.........................................................5
14. Service of Process......................................................5
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ATTACHMENT 3
Page 1
ALTERNATIVE DISPUTE RESOLUTION
1. PURPOSE
This Attachment 3 is intended to provide for the expeditious,
economical, and equitable resolution of disputes between PACIFIC and
CLEC arising under this Agreement.
2. EXCLUSIVE REMEDY
2.1 Except for disputes or matters (i) for which the total value of the
amount in controversy exceeds Twenty Five Million Dollars ($25,000,000),
(ii) for which this Agreement or the Telecommunications Act of 1996
specifies a particular remedy or procedure, (iii) for which a Party
seeks injunctive relief and/or specific performance in any Court of
competent jurisdiction, or (iv) which are covered by the Billing
Disputes provisions contained in Attachment 13 (Connectivity Billing and
Recording), informal resolution and arbitration under the procedures
provided herein shall be the exclusive remedy for all disputes between
PACIFIC and CLEC arising out of this Agreement or its breach. PACIFIC
and CLEC agree not to resort to any court, agency, or private group with
respect to such disputes except in accordance with this Attachment.
2.1.1 If, for any reason, certain claims or disputes are deemed to be
nonarbitrable, the non-arbitrability of those claims or disputes shall
in no way affect the arbitrability of any other claims or disputes.
2.1.2 If, for any reason, the FCC or any other federal or state regulatory
agency exercises jurisdiction over and decides any dispute related to
this Agreement, or to the Act, or to any tariff and, as a result, a
claim is adjudicated in both an agency proceeding and an arbitration
proceeding under this Attachment 3, the following provisions shall
apply:
2.1.2.1 To the extent required by law, the agency ruling shall be binding upon
the parties and shall take precedence over any contrary ruling of the
arbitrator for those matters within the jurisdiction and authority of
such agency.
2.1.2.2 The arbitration ruling rendered pursuant to this Attachment 3 shall be
binding upon the parties for purposes of establishing their respective
contractual rights and obligations under this Agreement.
3. INFORMAL RESOLUTION OF DISPUTES
3.1 Prior to initiating an arbitration pursuant to the American Arbitration
Association ("AAA") rules, as described below, the parties to this
Agreement shall submit any dispute between PACIFIC and CLEC for
resolution to an Inter-Company Review Board consisting of one
representative from CLEC at the Director-or-above level and one
representative from PACIFIC at the Vice-President-or-above level (or at
such lower level as each Party may designate).
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ATTACHMENT 3
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3.2 The Parties may enter into a settlement of any dispute at any time The
Settlement Agreement shall be in writing, and shall identify how the
Arbitrator's fee for the particular proceeding, if any, will be
apportioned.
3.3 At no time, for any purposes, may a Party introduce into evidence or
inform the Arbitrator of any statement or other action of a Party in
connection with negotiations between the Parties pursuant to the
Informal Resolution of Disputes provision of this Attachment 3.
4. INITIATION OF AN ARBITRATION
If the Inter-Company Review Board is unable to resolve the dispute
within 30 days (or such longer period as agreed to in writing by the
Parties) of such submission, and the Parties have not otherwise entered
into a settlement of their dispute, either Party may initiate an
arbitration in accordance with the AAA rules.
5. GOVERNING RULES FOR ARBITRATION
The rules set forth below and the rules of the AAA shall govern all
arbitration proceedings initiated pursuant to this Attachment; however,
such arbitration proceedings shall not be conducted under the auspices
of the AAA unless the Parties mutually agree. Where any of the rules set
forth herein conflict with the rules of the AAA, the rules set forth in
this Attachment shall prevail.
6. APPOINTMENT AND REMOVAL OF ARBITRATOR
6.1 A sole Arbitrator (the "Arbitrator") will preside over each dispute
submitted for arbitration under this Agreement.
6.2 The Parties shall appoint each Arbitrator. Each Arbitrator will serve
until a decision is rendered. Each appointment will be made by mutual
agreement in writing within thirty (30) days after the Parties have
initiated an arbitration proceeding (or such longer period as the
Parties may mutually agree to in writing).
6.3 In the event that an Arbitrator resigns or becomes unable to discharge
his or her duties, the Parties shall, by mutual written Agreement,
appoint a replacement Arbitrator within thirty (30) days after such
resignation, removal, or inability, unless a different time period is
mutually agreed upon in writing by the Parties. Any matters pending
before the Arbitrator at the time he or she resigns, is removed, or
becomes unable to discharge his or her duties, will be assigned to the
replacement Arbitrator as soon as the replacement Arbitrator is
appointed.
6.4 In the event that the Parties do not appoint an Arbitrator within the
time limit set forth in Section 6.2 of this Attachment 3, or a
replacement Arbitrator within the time limit set forth in Section 6.3 of
this Attachment 3, either Party may apply to AAA for appointment of such
Arbitrator. Prior to filing an application with the AAA, the Party
filing such
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application shall provide ten (10) days prior written notice to the
other Party to this Agreement.
7. DUTIES AND POWERS OF THE ARBITRATOR
7.1 The Arbitrator shall receive complaints, and other permitted pleadings,
oversee any discovery which is permitted, administer oaths and subpoena
witnesses pursuant to the United States Arbitration Act, hold hearings,
issue decisions, and maintain a record of proceedings. The Arbitrator
shall have the power to award any remedy or relief that a court with
jurisdiction over this Agreement could order or grant, including,
without limitation, the awarding of damages, pre-judgement interest, or
imposition of sanctions for abuse or frustration of the arbitration
process, except that the Arbitrator may not award injunctive relief,
punitive damages or any remedy rendered unavailable to the Parties
pursuant to Section 10.3 of this Agreement.
7.2 The Arbitrator shall not have the authority to limit, expand, or
otherwise modify the terms of this Agreement.
8. DISCOVERY
There shall be no discovery except for the exchange of documents deemed
necessary by the Arbitrator to an understanding and determination of the
dispute. PACIFIC and CLEC shall attempt, in good faith, to agree on a
plan for document discovery. Should they fail to agree, either PACIFIC
or CLEC may request a joint meeting or conference call with the
Arbitrator. The Arbitrator shall resolve any disputes between PACIFIC
and CLEC, and such resolution with respect to the need, scope, manner,
and timing of discovery shall be final and binding.
9. PRIVILEGES
Although conformity to certain legal rules of evidence may not be
necessary in connection with arbitrations initiated pursuant to this
Attachment, the Arbitrator shall, in all cases, apply the
attorney-client privilege and the work product immunity doctrine.
10. LOCATION OF HEARING
Unless both Parties agree otherwise, any hearings shall take place in
San Francisco, California.
11. DECISION
The Arbitrator's decision and award shall be final and binding, and
shall be in writing unless the Parties mutually agree in writing to
waive the requirement of a written opinion. Judgment upon the award
rendered by the Arbitrator may be entered in any court having
jurisdiction thereof. Either Party may apply to the United States
District Court for the district in which the hearing occurred for an
order enforcing the decision.
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12 FEES
12.1 The Arbitrator shall, in his or her discretion, apportion the
Arbitrator's fees and expenses to reflect the relative success of each
Party. In accordance with Section 3.2. of this Attachment 3, in the
event that the Parties settle a dispute before the Arbitrator reaches a
decision with respect to that dispute, the Settlement Agreement must
specify how the Arbitrator's fees for the particular proceeding will be
apportioned.
12.2 In an action to enforce or confirm a decision of the Arbitrator, the
prevailing Party shall be entitled to its reasonable attorneys' fees,
costs, and expenses necessarily incurred in the enforcement proceedings
without regard to the local rules of the district in which the suit is
brought.
13. CONFIDENTIALITY
13.1 PACIFIC, CLEC, and the Arbitrator will treat the arbitration proceeding,
including the hearings and conferences, discovery, or other related
events, as confidential, except as necessary in connection with a
judicial challenge to, or enforcement of, an award, or unless otherwise
required by an order or lawful process of a court or governmental body.
13.2 In order to maintain the privacy of all arbitration conferences and
hearings, the Arbitrator shall have the power to require the exclusion
of any person, other than a Party, counsel thereto, or other essential
persons.
13.3 To the extent that any information or materials disclosed in the course
of an arbitration proceeding contains proprietary or confidential
information (Confidentiality Information) of either Party, it shall be
safeguarded in accordance with Section 19 of the Agreement. However,
nothing in Section 19 of the Agreement shall be construed to prevent
either Party from disclosing the other Party's Confidential Information
to the Arbitrator in connection with or in anticipation of an
arbitration proceeding. In addition, the Arbitrator may issue orders to
protect the confidentiality of proprietary information, trade secrets,
or other sensitive information.
14. SERVICE OF PROCESS
Service may be made by submitting one copy of all pleadings and
attachments and any other documents requiring service to each Party and
one copy to the Arbitrator. Service shall be deemed made (i) upon
receipt if delivered by hand; (ii) the next business day if sent by
overnight courier service; or (iii) upon confirmed receipt if
transmitted by facsimile. If service is by facsimile, a copy shall be
sent the same day by hand delivery or overnight courier service.
14.1 Service by CLEC to PACIFIC and by PACIFIC to CLEC at the address
designated for delivery of notices in this Agreement shall be deemed to
be service to PACIFIC or CLEC, respectfully.
4
47
ATTACHMENT 4
DIRECTORY LISTING REQUIREMENTS
48
Attachment 4
Page 1
ATTACHMENT 4
DIRECTORY LISTING REQUIREMENTS
1. GENERAL
PACIFIC shall make available to CLEC, for CLEC Customers,
nondiscriminatory access to its telephone number and address directory
listings ("Directory Listings"), under the following terms and
conditions:
2. WHITE AND YELLOW PAGE LISTINGS
PACIFIC publishes and distributes white pages directories through its
wholly owned subsidiary PBD, as its agent for the white pages. PBD also
publishes and distributes yellow pages directories. With respect to
those directories, upon receipt of the necessary customer information
from CLEC, PACIFIC will include, at no charge, a standard, basic listing
(i) of CLEC's residence customers in the appropriate white pages
directory and, (ii) of CLEC's business customers in the appropriate
white pages and yellow pages directories. Additionally, CLEC's customers
each will have delivered to them at no charge one copy of appropriate
white and yellow pages directories. Where an CLEC Customer has two
numbers for a line due to the implementation of interim Local Number
Portability; the second number shall be considered part of the one White
Pages basic listing. PACIFIC shall permit CLEC Customers the option of
not having a published White Pages listing; this option will be provided
at the same price PACIFIC charges its end user customers for the same
option. PACIFIC shall include in its master subscriber list database all
Subscriber Listing Information for CLEC Customers; PACIFIC's use of CLEC
Subscriber Listing information is subject to Section 6 of this
Attachment 4.
3. DIRECTORIES
3.1 Upon receipt of the necessary customer information from CLEC, PACIFIC
shall deliver Directory Listings in book form ("Telephone Directories")
to each of CLEC's exchange service Customers with or without charge on
the same basis that it delivers Telephone Directories to its own
customers with or without charge. There is no limit on the total number
of directories that may be delivered by PACIFIC. Timing of such delivery
and the determination of which Telephone Directories shall be delivered
(whether by customer address, NPNNXX or other criteria), and the number
of Telephone Directories to be provided per customer, shall be provided
under the same terms that PACIFIC delivers Telephone Directories to its
own local service customers.
3.2 PACIFIC shall make available recycling services for Telephone
Directories to CLEC Customers under the same terms and conditions that
PACIFIC makes such services available to its own local service
customers.
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Attachment 4
Page 2 of 3
4. DIRECTORY LISTING CRITERIA
The general terms relating to white and yellow page listings and
non-published listings are set forth in PACIFIC's Schedule Cal.P.U.C.
No. 175T, Sec. 93. Information relating to paid advertising, publication
schedules and coverage of specific directories may be obtained by CLEC
from PBD. PACIFIC's listing handbook will be available in the CLC
Handbook. PACIFIC will update the CLC Handbook as product offerings or
product process changes are made. The changes will be available
automatically to CLEC through LI-OFFICE. Until such time as PACIFIC's
Listings Handbook is available through LI-OFFICE, PACIFIC shall provide
an updated paper copy of the CLC Listings Handbook on a quarterly basis
starting not later than ten (10) days after the Effective Date of this
Agreement. This Listing Handbook update will include all changes to the
directory listing criteria.
5. CUSTOMER INFORMATION LISTING
In areas where CLEC provides (or plans to provide service within the
next 12 months) exchange service, PACIFIC shall include, in the Customer
Guide section of each Telephone Directory, not less than one full page
of information about CLEC services, including addresses and telephone
numbers for CLEC Customer service. A maximum of two pages will be
provided without charge to CLEC. Pages in excess of two will be charged
by PACIFIC in accordance with the nondiscriminatory rates contained in
PACIFIC's Schedule Cal P.U.C. tariff No. 175-T, Sec.9.2 ("Customer Guide
Service Tariff"). The form and content of such customer information
section shall be determined by CLEC and shall be provided by CLEC to
PACIFIC. However neither Party's content can contain puffery or rate
comparisons with other companies. At CLEC's option, the form and content
of this customer information may vary per community directory.
6. SALE OF CLEC SUBSCRIBER LISTING INFORMATION
PACIFIC will include Subscriber List Information of published CLEC local
exchange customers in PACIFIC's Telephone Directory Reproductions Rights
Service, unless instructed in writing by CLEC not to release Subscriber
List Information to independent directory publications. PACIFIC will
include the Subscriber List Information of CLEC local exchange customers
in PACIFIC's voice and electronic
Directory Assistance Services.
Section 2 notwithstanding and subject to the following conditions, CLEC
may direct PACIFIC not to release CLEC's Customers' Subscriber List
Information to independent directory publications if the Parties first
agree:
1) on the timing and method for CLEC to specify which CLEC
Customer Subscriber List Information is not to be
included in sales to independent directory publications;
and,
50
2) on the appropriate charge for listing such CLEC
Customers in PACIFIC's directories
If the Parties can not agree on the timing, method or price the Parties
shall use the Alternative Dispute Resolution Process set forth in
Attachment 3.
3
51
ATTACHMENT 5
LOCAL SERVICES RESALE
52
Attachment 5
2
LOCAL SERVICES RESALE
1. TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE
1.1 This Attachment describes services which PACIFIC shall make
available to CLEC for resale pursuant to this Agreement. This
list of services is neither all inclusive nor exclusive. All
Telecommunications Services or offerings of PACIFIC which are to
be offered for resale at wholesale rates pursuant to the Act,
regulations thereunder, and relevant Commission decisions, are
subject to the terms herein, even though they are not
specifically enumerated or described. PACIFIC shall also provide
Support Functions and Service Functions, as set forth in Sections
4 and 5 of this Attachment 5. The Telecommunications Services,
Service Functions and Support Functions provided by PACIFIC
pursuant to this Agreement for resale to CLEC are collectively
referred to as "Local Service."
1.2 The rights, obligations and duties set forth in this Attachment
are subject to the Act, regulations thereunder and relevant
Commission decisions.
2. GENERAL TERMS AND CONDITIONS FOR RESALE
2.1 PRICING
The prices charged to CLEC for Local Service are set forth in
Attachment 8 of this Agreement. All Telecommunications Services,
including without limitation, promotions of more than 90 days
duration, shall be available to CLEC at wholesale rates as
specified in Attachment 8, and shall be no less favorable than
the wholesale rates made available by PACIFIC to similarly
situated CLCs; provided, however, pursuant to section 252 of the
Act, implementing regulations and any court decisions applicable
thereto, PACIFIC shall make available to CLEC, without
unreasonable delay, any Local Service contained in any agreement
to which PACIFIC is a party that has been filed and approved by
the Commission. CLEC shall be subject to the same term
commitments, volume commitments, and prohibitions against end
user aggregation to satisfy volume discounts as apply to
PACIFIC's retail customers and the resale discount set forth in
Attachment 8 shall be applied to CLEC on a customer-by-customer
basis. In no event shall CLEC be required to agree to volume or
term commitments (other than those which may be applicable to
PACIFIC's end user customers) as a condition for obtaining Local
Service at wholesale rates.
2.2 RESALE RESTRICTIONS
To the extent consistent with applicable rules and
regulations of the FCC and the Commission, including, without
limitation, Decision 00-00-000 of the Commission, CLEC may resell
Local Services to provide Telecommunications Services. PACIFIC
will not impose unreasonable or discriminatory conditions or
53
Attachment 5
3
limitations on the resale of its Telecommunications Services.
Services that PACIFIC has grandfathered or grandfathers in the
future may only be resold to grandfathered subscribers.
2.3 DIALING AND SERVICE PARITY; NUMBER PORTABILITY
2.3.1 Unless technically infeasible, for resold services,
PACIFIC shall ensure that all CLEC Customers experience
the same dialing parity as similarly-situated PACIFIC
customers.
2.3.2 For resold services, PACIFIC shall ensure that all CLEC
Customers experience the same service levels as similarly
situated PACIFIC customers, and, unless technically
infeasible, that there is no loss of features or
functionalities, including, but not limited to: same dial
tone and ringing; same capability for either dial pulse or
touch tone recognition; flat and measured services; speech
recognition as available; same extended local free calling
area; 1+ IntraLATA toll calling; InterLATA toll calling
and international calling; 500, 700, 800, 900, 976 and
Dial Around (IOXXX) Services; and restricted collect and
third number billing.
2.4 CHANGES IN RETAIL SERVICE
PACIFIC will notify CLEC of any changes in the terms and
conditions under which it offers Telecommunications Services at
retail to subscribers who are not telecommunications service
providers or carriers, including, but not limited to, the
introduction of any new or discontinuance of any features,
functions, services, or promotions or the discontinuance of
current features or services, at least sixty (60) days prior to
the effective date of such change; provided, however, that with
respect to terms and conditions contained in a contract between
PACIFIC and one of its end users, PACIFIC shall notify CLEC of
changes in such terms and conditions immediately upon signing any
amendment to such contract.
2.5 PRIMARY LOCAL EXCHANGE CARRIER SELECTION
PACIFIC shall apply the principles set forth in Section 64.1100
of the FCC Rules (47 C.F.R. Section 64.1100) to the process for
end-user selection of a primary local exchange carrier. PACIFIC
shall not require a written letter of authorization from the
customer in order to process an CLEC order for Local Service for
the customer; provided, however, that if CLEC requests a
customer's service record, the provisions of Section 5.5.1 of
this Attachment shall apply.
54
Attachment 5
4
3. REQUIREMENTS FOR SPECIFIC SERVICES
3.1 CENTREX REQUIREMENTS
3.1.1 At CLEC's option, CLEC may purchase the entire set of
CENTREX features or a subset of any one or any combination
of such features. The CENTREX Service provided for resale
will meet the following requirements:
3.1.1.1 All deployed features and functions of CENTREX
Service offered to any PACIFIC customer, whether
offered under tariff or otherwise, shall be
available to CLEC, where deployed, for resale,
without any customer class restrictions other
than those which may be imposed by applicable
orders of the FCC or the Commission, including,
without limitation, Commission Decision
00-00-000.
3.1.1.2 PACIFIC shall provide to CLEC a list of all
CENTREX features and functions offered by
PACIFIC within ten (10) days of the Effective
Date of this Agreement.
3.1.1.3 All service levels and features of CENTREX
Service provided by PACIFIC for resale by CLEC
shall be at parity to those provided to
PACIFIC's end user customers.
3.1.1.4 CLEC shall pay a one time, non-recurring charge,
as set forth in Attachment 8 of this Agreement
to pay for the cost of suppressing the need for
CLEC Customers to dial "9" ("Assumed Dial 9")
when placing calls outside the CENTREX System.
CLEC recognizes that there are certain problems
with Assumed Dial 9 on Centrex but such problems
would also be experienced by a PACIFIC Centrex
customer using Assumed Dial 9.
3.1.1.5 CLEC may utilize Automatic Route Selection
("ARS").
3.2 CLASS AND CUSTOM FEATURES REQUIREMENTS
CLEC may purchase the entire set of CLASS and Custom Calling
Features and functions where deployed by PACIFIC and made
available to its end-user customers, or any one or any
combination of such features, on a customer-specific basis,
without restriction on the minimum or maximum number of lines or
features that may be purchased. PACIFIC shall provide to CLEC a
list of all such CLASS and Custom features and functions within
ten (10) days of the Effective Date.
55
Attachment 5
5
3.3 LIFELINE SERVICE
When a customer eligible for the Lifeline Service chooses to
obtain Local Service from CLEC, PACIFIC shall flag the account as
a Lifeline Service Customer and forward this information in
electronic format in accordance with the procedures set forth
herein. For the first ninety (90) days after the Effective Date
of this Agreement, PACIFIC will make Lifeline Service available
to CLEC at the wholesale discount specified in Attachment 8; for
such period of time, CLEC will provide PACIFIC with information
sufficient to permit PACIFIC to seek reimbursement from the
Universal Lifeline Telecommunications Service Fund. Thereafter,
CLEC will purchase basic local exchange service from PACIFIC,
less the applicable wholesale discount, for resale to Lifeline
Service customers (including customers who continue as CLEC
Lifeline Service customers after the first ninety days) and will
seek reimbursement from the Universal Lifeline Telecommunications
Service Fund.
3.4 INTERCEPT AND TRANSFER SERVICE
Upon request from CLEC, PACIFIC will provide an intercept
referral message that includes any new CLEC telephone number, for
residential customers for three (3) months, and business
customers for twelve (12) months, and PACIFIC will provide
directory updates at the next publication. This intercept
referral message shall be approved by CLEC and shall be similar
in format to the intercept referral messages currently provided
by PACIFIC for its own end users. Custom messages or extension in
duration of the referral shall be subject to the charges set
forth in Attachment 8.
3.5 E9111911 SERVICES
PACIFIC shall provide to CLEC, for CLEC Customers, E91 1/911 call
routing to the appropriate Public Safety Answering Point
(~'PSAP") with a parity level equal to that provided to PACIFIC's
end-user customers. PACIFIC shall provide and validate CLEC
Customer information to the PSAP. Upon request, PACIFIC will
provide documentation to CLEC showing the correlation between
PACIFIC's LSOs/rate centers to their E91 1 Selective Router
tandems. At the price set forth in Attachment 8, PACIFIC will
provide CLEC with access to PACIFIC's Master Street Address Guide
(MSAG), in paper form and magnetic tape, for purposes of allowing
CLEC to update and validate customer records in the E91 1
Management System (E91 1 MS) database used to support E91 1/911
services. PACIFIC will offer to CLEC a diskette version of the
MSAG, when available; availability is expected in the first
quarter of 1997. Nothing in this Agreement precludes CLEC from
establishing and updating its own ALI/DMS data base
56
Attachment 5
6
4. SUPPORT FUNCTIONS FOR RESOLD SERVICES:
4.1 The following Support Functions are offered in conjunction with a
resold service: Operator Systems and Repair Services. Operator
Systems consist of Directory Assistance and Operator Services.
4.2 ROUTING TO OPERATOR SYSTEMS
Where CLEC purchases Local Service, at CLEC's option, PACIFIC
will provide the functionality and features required to modify
the originating subscriber's line at PACIFIC's local switch (LS)
or, when intraLATA presubscription is implemented, PACIFIC's
Access Tandem (AT) to route all calls to the CLEC Network for
Operator Systems. Such routing to CLEC's Operator Systems shall
be available as specified in Attachment 6, Section 4.1.4.4.
4.2.1 OPERATOR SYSTEMS: Operator Systems calls which, at CLEC's
option, are routed to PACIFIC will meet the following
requirements:
4.2.1.1 The calls will be unbranded, with no reference,
express or implied, to PACIFIC.
4.2.1.2 PACIFIC will provide Operator Systems to CLEC
which meets those which PACIFIC provides to
itself and its own end-user customers.
4.2.2 DIRECTORY ASSISTANCE:
4.2.2.1 At CLEC's option, PACIFIC shall route local
Directory Assistance calls dialed via 411 by
CLEC Customers directly to the CLEC Network. The
Parties will meet and confer immediately after
the Effective Date of this Agreement in an
effort to find a solution which can be
implemented by April 30,1997 for PACIFIC to
route local Directory Assistance dialed via
(NPA) 555-1212 by CLEC Customers directly to the
CLEC Network. In the event the Parties are
unable to agree within forty-five (45) days of
the Effective Date on a solution, the Parties
shall submit any dispute to Alternative Dispute
Resolution as set forth in Attachment 3.
4.2.2.2 PACIFIC will include the CLEC Customer's listing
in its Directory Assistance database as part of
the Service Order process. PACIFIC will honor
CLEC Customer's preferences for listing status,
including non-published and unlisted, as noted
on the Service Order Request or similar form and
will ensure that the listing appears as the
subscriber requested in the PACIFIC database
which is used to perform Directory Assistance
functions. Performance Standards associated with
this service are set forth in
57
Attachment 5
7
Attachment 17 and are incorporated by this
reference. PACIFIC will provide Directory
Assistance service to CLEC that equals the
Directory Assistance Service PACIFIC provides to
itself and its own end users.
4.3 OPERATOR SERVICES
4.3.1 PACIFIC will provide the full range of Operator Services,
at the rates set forth in Attachment 8, including, but not
limited to, collect, person to person, station to station,
xxxx-to-third party, busy line verification and busy line
interrupt, handicapped caller assistance and emergency
call assist.
4.3.1.1 At CLEC's option, and consistent with the
implementation schedule set forth in Attachment
6, Section 4.1.4.4, PACIFIC shall route local
Operator Services calls (0+, 0-) dialed by CLEC
Customers directly to the CLEC Local Operator
Services platform. Such traffic shall be routed
over trunk groups specified by CLEC which
connect PACIFIC end offices and the CLEC Local
Operator Services platform, using standard
Operator Services dialing protocols of 0+ or
4.3.1.2 PACIFIC will provide the functionality and
features within its local switch (LS) to route
CLEC customer dialed 0- and 0+ IntraLATA calls
to the CLEC designated trunk on the Main
Distributing Frame (MDF) or Digital Cross
Connect (DSX) panel via Modified Operator
Services Signaling (XXXX) Feature Group C
signaling. In addition and at CLEC's request,
when intraLATA presubscription is implemented,
PACIFIC will provide the functionality and
features within its Access Tandem to route CLEC
customer dialed 0- and 0+ IntraLATA calls to the
CLEC designated trunk on the Main Distributing
Frame (MDF) or Digital Cross Connect (DSX) panel
via Feature Group D signaling. In all cases,
PACIFIC will provide post-dial delay at least
equal to that provided by PACIFIC for its end
user customers.
4.3.1.3 PACIFIC will warm-line transfer any CLEC
customer requesting rate information to CLEC, as
follows:
4.3.1.3.1 Warm-line transfers without charge:
PACIFIC will warm-line transfer any
CLEC customer requesting intraLATA
rate information (except calling
plan information), at no charge to
CLEC.
4.3.1.3.2 Warm-line transfers at tariffed
rate: PACIFIC will warm-line
transfer any CLEC customer
requesting
58
Attachment 5
8
interLATA, interstate or
international rate information, as
well as intraLATA calling plan
information, and charge CLEC the
tariffed rate for
carrier-to-carrier warm-line
transfers.
4.3.2 Repair Calls:
Either Party shall refer repair calls (e.g., 611) dialed
by the other Party's end-user customer to the 800/888
number supplied by the other Party for the other Party's
repair center.
4.3.3 Non-discriminatory Treatment:
All direct routing capabilities described herein shall
permit CLEC Customers to dial the same telephone numbers
for CLEC Directory 12/13/96 Assistance or Local Operator
that similarly-situated PACIFIC customers dial for
reaching equivalent PACIFIC services. Such
non-discriminatory dialing to reach CLEC's Directory
Assistance or Local Operator shall be available consistent
with the implementation schedule in Attachment 6, Section
4.1.4.4
4.3.4 Emergency Calls:
PACIFIC, no later than ten (10) business days after the
Effective Date, shall provide to CLEC the emergency public
agency (e.g., police, fire, ambulance) telephone numbers
linked to each NPA-NXX. Such data will be transmitted via
the Electronic Interface described in Attachment 11, or by
an interim means agreed by the parties. PACIFIC will
electronically transmit to CLEC, in a timely manner, all
changes, alterations, modifications and updates to such
data. PACIFIC shall accurately transmit information
provided to PACIFIC by the emergency public agency, but
assumes no liability for the accuracy of such information.
4.4 BUSY LINE VERIFICATION AND EMERGENCY LINE INTERRUPT
Until such time that an electronic interface is made available by
PACIFIC to access PACIFIC's data base for Operator Services, if
CLEC has purchased the resale line without PACIFIC's Operator
Services, PACIFIC will offer Operator-to-Operator BLV/BLVI to
CLEC on a non-discriminatory basis, in accordance with LERG
instructions. PACIFIC requires that a reciprocal BLV/BLVI network
be established between PACIFIC and CLEC's operator service
provider.
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Attachment 5
9
4.5 ACCESS TO THE LINE INFORMATION DATABASE
PACIFIC shall update and maintain CLEC Customer information in
the Line Information Database LIDB in the same manner and on the
same schedule that it maintains information in LIDB for PACIFIC
customers.
4.6 TELEPHONE LINE NUMBER CALLING CARDS
Effective as of the date of an end-user's subscription to CLEC
Service, PACIFIC will remove any PACIFIC-assigned telephone line
calling card number (including area code) ("TLC") from the LIDB.
4.7 CALL BLOCKING
Upon CLEC's request, PACIFIC will provide blocking on a line by
line basis of an CLEC Customer's access to any or all of the
following call types: 900, 976, xxxx to third and collect, and
such other call types for which PACIFIC provides blocking to
similarly situated customers
4.8 PAY PHONE SERVICES
4.8.1 "Pay Phone Services" is defined by Section 276 of the Act
and any FCC and Commission regulations adopted thereto.
These services may include the provision of service from
public pay telephones, the provision of inmate telephone
service in correctional institutions, and the provision of
any ancillary services within the meaning of Section 276
of the Act.
4.8.2 Pay phone lines are defined as the loop from the pay phone
set point of demarcation to the Serving Wire Center. Pay
phone lines are attached to coinless and coin pay phone
sets (e.g. PACIFIC's COPT service).
4.8.3 PACIFIC will provide CLEC all retail telecommunications
functions and features provided by PACIFIC through pay
phone lines, in the same form, made available by PACIFIC
to customers for its pay phone lines customers (e.g. COPT
providers).
4.8.4 Each Party will comply with Section 276 of the Act and FCC
regulations adopted thereunder in connection with
selection of carriers for intraLATA, interLATA and
international telephone services from pay phone sets.
5. SERVICE FUNCTIONS
5.1 ELECTRONIC INTERFACE
5.1.1 PACIFIC shall provide an interim electronic
interface known as Network Data Mover ("NDM)" for
transferring and receiving all Service Orders and related
information such as Firm Order Confirmations (FOC),
Jeopardies,
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Attachment 5
10
Rejects, Simple and Complex Completions. The NDM shall be
administered through a gateway that will serve as a single
point of contact for the transmission of data from CLEC to
PACIFIC, and from PACIFIC to CLEC. The requirements and
implementation of such a data transfer system are/will be
set forth in Attachment 11 and are incorporated by this
reference as though fully set forth herein.
5.1.2 For the Long Term, PACIFIC and CLEC agree to adopt an
Electronic Bonding ("EB") standard to transmit and receive
Pre-Order, Order and Provisioning data in a "real time"
environment. Both companies agree that this solution is in
their mutual best interest and will negotiate in good
faith for the earliest possible deployment of an EB
standard, as set forth in Attachment 11. In the event the
parties are unable to reach agreement on implementation of
an EB standard, any unresolved issues will be resolved
pursuant to the Alternative Dispute Resolution procedures
in Attachment 3 to this Agreement.
5.2 WORK ORDER PROCESSES
5.2.1 PACIFIC shall ensure that all work order processes used to
provision Local Service to CLEC for resale meet the
service parity requirements set forth in this Agreement or
its Attachments
5.2.2 Additional Service Ordering, Provisioning, Maintenance,
Billing and Customer Usage Data requirements and
procedures are set forth in Attachments 11.12, 13 and 14.
5.3 POINT OF CONTACT FOR CLEC CUSTOMERS
5.3.1 Except as otherwise provided in this Agreement, CLEC shall
be the single and sole point of contact for all CLEC
Customers.
5.3.2 Each Party shall refer all questions regarding the other
Party's service or product directly to the other Party at
a telephone number specified by the other Party.
5.3.3 Each Party shall ensure that all their representatives who
receive inquiries regarding the other Party's services:
(i) provide such numbers to callers who inquire about the
other Party's services or products; and (ii) do not in any
way disparage or discriminate against the other Party, or
its products or services.
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Attachment 5
11
5.4 SINGLE POINT OF CONTACT
Each party shall provide the other party with a single point of contact
("SPOC") for all inquiries regarding the implementation of this Attachment. Each
Party shall accept all inquiries from the other Party and provide timely
responses.
5.5 PRE-SERVICE ORDER INFORMATION
To facilitate the ordering of new service for resale or changes to such
service to an CLEC Customer ("Service Order"), PACIFIC shall provide, consistent
with the implementation schedule set forth in Section 5.1.1., CLEC's
representatives with gateway access to PACIFIC's PREMIS and APTOS information.
This will allow CLEC to perform functions such as, but not limited to, Telephone
Number Assignment, an LSO to address correlation, service and feature
availability by switch type and other such functions which are deemed necessary
to provide the customer with a common experience when dealing with CLEC. Through
PREMIS, APTOS, NDM or using other methods. PACIFIC shall comply with CLEC
requests to:
5.5.1 Obtain customer information, including customer name, billing and
residence address, billing telephone number(s), current
participation in Voluntary Federal Customer Financial Assistance
Program, Telephone Relay, and other similar services, and
identification of PACIFIC features and services subscribed to by
customer. The following additional terms shall apply to
AT&T's access:
5.5.1.1 For business customers, prior to accessing such
information, AT&T shall provide Pacific with a written or
electronic statement indicating that it has the
customer's approval (verbal or written) to receive such
information. Where accessing such information via an
electronic interface, AT&T shall have obtained an
authorization to become the end user's local service
provider. AT&T shall receive and retain such information
in conformance with the requirements of 47 USC 222 (and
implementing FCC decisions thereunder).
5.5.1.2 For residence customers, prior to accessing such
information, AT&T shall, on its own behalf and on behalf
of PACIFIC, comply with all applicable requirements of
Section 2891 of the California Public Utilities Code and
47 USC 222 (and implementing FCC decisions thereunder),
and, where accessing such information via an electronic
interface, AT&T shall have obtained an authorization to
become the end user's local service provider. Accessing
such information by AT&T shall constitute certification
that AT&T is in compliance with the applicable
requirements of Section 2891 and Section 222 (and
implementing FCC decisions thereunder) and has complied
with the prior sentence. AT&T shall receive and retain
such information in conformance with the requirements of
47 USC 222 (and implementing FCC decisions thereunder).
Pursuant to Section 10 of this Agreement, AT&T agrees to
indemnify, defend and hold harmless PACIFIC against
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Attachment 5
12
any claim made by a residence customer or governmental
entity against PACIFIC or AT&T under Section 2891 or
Section 222 (and implementing FCC decisions thereunder)
or for any breach by AT&T of this Section."
5.5.2 Obtain information on all features and Telecommunication services
available, including new services, trial offers and promotions;
5.5.3 Enter the CLEC Customer order for all desired features and
services;
5.5.4 Assign a telephone number (if the CLEC Customer does not have one
assigned);
5.5.5 Identify the appropriate primary directory for each end-user
location;
5.5.6 For single-line residential service, determine if a service call
is needed to install the line or service;
5.5.7 Identify "next available due date" for service installation;
5.5.8 Provide service availability dates,
5.5.9 Order local intraLATA toll service and enter CLEC Customer's
choice of primary interexchange carrier on a single, unified
order; and
5.5.10 Suspend or terminate service to an CLEC Customer for nonpayment
and restore service, as appropriate, at parity with PACIFIC's
ability to suspend or terminate service.
5.6 PROVISIONING
After receipt and acceptance of a service order, PACIFIC shall provision
such service order in accordance with the intervals and performance standards
set forth in Attachment 17 and as set forth below
5.6.1 PACIFIC shall provide CLEC with service status notices, within
mutually agreed-upon intervals. Such status notices shall include
the following:
5.6.1.1 Firm order confirmation, including service availability
date;
5.6.1.2 Notice of service installation issued at time of
installation including any additional information, such
as material charges;
5.6.1.3 Rejections/errors in Service Orders;
5.6.1.4 Jeopardies and missed appointments;
5.6.1.5 Charges associated with necessary construction
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5.6.1.6 Except for basic exchange service, order status at
critical intervals;
5.6.1.7 Except for basic exchange service, test results, where
available, will be provided in a form mutually
agreeable.
5.6.2 Where PACIFIC provides installation, PACIFIC shall advise an CLEC
customer to notify CLEC immediately if the CLEC Customer requests
a service change at the time of installation.
5.6.3 PACIFIC shall provide provisioning support to CLEC during normal
business hours (Monday through Friday, 8 a.m. to 5 p.m. PACIFIC
time, excluding holidays).
5.6.4 PACIFIC shall provide training for all PACIFIC employees who may
communicate, either by telephone or face-to-face, with CLEC
Customers, during the provisioning process. Such training shall
instruct the PACIFIC employees not to disparage or discriminate
against CLEC, its products or services, and shall comply with the
branding requirements of this Agreement.
5.7 MAINTENANCE
Maintenance shall be provided in accordance with the requirements and
standards set forth in Attachment 12. Maintenance will be provided by PACIFIC in
accordance with the service parity requirements set forth in this Attachment.
5.8 PROVISION OF CUSTOMER USAGE DATA
PACIFIC shall provide the Customer Usage Data recorded by the PACIFIC.
Such data shall include CLEC Customer usage data for Local Service, including
both local and intraLATA toll service, all in accordance with the terms and
conditions set forth in Attachment 14.
5.9 SERVICE/OPERATION READINESS TESTING
5.9.1 In addition to testing described elsewhere in this Section,
PACIFIC shall test the systems used to perform the following
functions sixty (60) days prior to commencement of PACIFIC's
provision of Local Service to CLEC, in order to establish system
readiness capabilities.
5.9.1.1 All interfaces between CLEC and PACIFIC work centers for
Service Order, Provisioning,
5.9.1.2 Maintenance, Billing and Customer Usage Data;
5.9.1.3 The process for PACIFIC to provide customer service
records;
5.9.1.4 The installation scheduling process;
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5.9.1.5 Telephone number assignment;
5.9.1.6 Procedures for communications and coordination between
CLEC SPOC and PACIFIC's Interconnection Service Center
(ISC);
5.9.1.7 Procedures for transmission of Customer Usage Data; and
5.9.1.8 Procedures for transmitting bills to CLEC for Local
Service.
5.9.2 The functionalities identified above shall be tested in order to
determine whether PACIFIC performance meets the applicable
service parity requirements and other performance standards set
forth herein. PACIFIC and CLEC shall make available sufficient
technical staff to perform such testing. PACIFIC and CLEC
technical staffs shall be available to meet as necessary to
facilitate testing. PACIFIC and CLEC shall mutually agree on the
schedule for such testing.
5.9.3 At either Party's request, each Party shall provide to the other
Party any results of the testing performed pursuant to the terms
of this Attachment. Either Party may review such results and
shall notify the other Party of any failures to meet the
requirements of this Agreement.
5.9.4 During the term of this Agreement, PACIFIC shall participate in
cooperative testing requested by CLEC whenever it is deemed
necessary by CLEC to ensure service performance, reliability and
customer serviceability.
5.10 BILLING FOR LOCAL SERVICE
5.10.1 PACIFIC shall xxxx XXXX for Local Service provided by PACIFIC to
CLEC pursuant to the terms of this Attachment, and in accordance
with the terms and conditions for Connectivity Billing and
Recording in Attachment 13.
5.10.2 PACIFIC shall recognize CLEC as the customer of record for all
Local Service and will send all notices, bills and other
pertinent information directly to CLEC unless CLEC specifically
requests otherwise.
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ATTACHMENT 6
SPECIFICATIONS, SERVICE DESCRIPTIONS, AND IMPLEMENTATION
SCHEDULE FOR UNBUNDLED NETWORK ELEMENTS
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Attachment 6
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ATTACHMENT 6
SPECIFICATIONS, SERVICE DESCRIPTIONS, AND IMPLEMENTATION
SCHEDULE FOR UNBUNDLED NETWORK ELEMENTS
1. GENERAL: UNBUNDLED NETWORK ELEMENTS
1.1. Access To Unbundled Elements Shall Be Specified Herein and Not
Presumed. The Network Elements offered under this Agreement shall
be clearly specified in this Agreement or the attachments hereto.
In no event will it be presumed that access to an Network Element
is offered unless so specified. The methods of access to Network
Elements described in this Attachment are not exclusive. PACIFIC
will make available any other form of access requested by CLEC
that is consistent with the Act and the regulations thereunder.
Requests for Network Elements not specified in this Attachment
shall be processed according to the process described in Section
1.6 below.
1.2 Consistent with the terms and conditions in this Attachment and
the Act and regulations thereunder, PACIFIC shall offer each
Network Element individually and in combination with any other
Network Element or Network Elements in order to permit CLEC to
combine such Network Element or Network Elements with another
Network Element or other Network Elements obtained from PACIFIC
or with network components provided by itself or by third parties
to provide Telecommunications Services to its customers.
1.3. Consistent with the terms and conditions in this Attachment and
the Act and regulations thereunder, PACIFIC will permit CLEC to
interconnect CLEC's facilities or facilities provided by CLEC or
by third parties with each of PACIFIC's Network Elements at any
point designated by CLEC that is technically feasible.
1.4. CLEC may use one or more Network Elements to provide any
Telecommunications Service. If CLEC requests a Combination not
specified in this Agreement and for which the Parties have not
agreed on methods and procedures for pre-ordering, ordering,
provisioning, maintenance, billing and pricing, the Parties will
meet and confer pursuant to Section 1 6, below, to establish the
processes necessary to provide the combination. In the event the
Parties can not agree on technical feasibility or any of the
matters specified in the foregoing sentence, the Parties will
follow the dispute resolution process set forth in Attachment 3
to the Agreement.
1.5. For each Network Element, PACIFIC shall specify a demarcation
point (e.g., an interconnection point at a Digital Signal Cross
Connect or Light Guide Cross Connect panel or a Main Distribution
Frame) and, if necessary, access to such demarcation point, which
is mutually agreed to by the Parties. However, where PACIFIC
provides contiguous Network Elements to CLEC, PACIFIC may
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provide the existing interconnections and no demarcation point
shall exist between such contiguous Network Elements.
1.6. Attachments 6 and 7, together with Attachments 5,11,12, 13 and
14, which collectively describe the Operating Support System
Network Element, list the Network Elements and Combinations that
CLEC and PACIFIC have identified as of the Effective Date of this
Agreement. CLEC and PACIFIC agree that the Network Elements and
Combinations identified in this Agreement are not exclusive. The
process of requesting access to an Network Element or Combination
not identified herein shall be as follows:
1.6.1 Either Party may identify an Network Element or
Combination, that is not currently available in
PACIFIC's network, by providing written notice to the
other Party, which notice shall include a description of
the Network Element or Combination adequate to determine
technical feasibility and development requirements.
1.6.2 The Parties agree to immediately work together to
determine (a) the technical feasibility of the request
and (b) the requirements to develop the request, and the
anticipated cost of developing the quote. If the Network
Element or Combination is identified by CLEC, PACIFIC
shall be allowed a commercially reasonable period of
time to evaluate the technical feasibility of the
request and the requirements to develop the requested
Network Element or Combination. Notwithstanding the
foregoing, if the Parties cannot agree within forty-five
(45) days (or such other period of time as may be
mutually agreeable), whether the Network Element or
Combination is technically feasible, or on the
requirements necessary to develop the Network Element or
Combination, the Parties shall use the alternate dispute
resolution process set forth in Attachment 3 to this
Agreement.
1.6.3 The costs of developing the Network Element or
Combination, which includes, but is not limited to, the
cost of developing the quote, shall be recovered from
any entity which utilizes the Network Element or
Combination so identified, including PACIFIC and its
affiliates. In addition, CLEC shall pay its share of
PACIFIC's costs of developing any Network Element or
Combination, not identified in this Agreement
(including, but not limited to, the cost of developing
the quote) if CLEC requests development of the Network
Element or Combination but subsequently determines not
to purchase the Element or Combination. In all cases,
CLEC and PACIFIC shall meet and confer on the amount of
such costs, each Party's respective share of such costs,
and the method of recovery. In the event the Parties
cannot agree on the amount and method of recovery, the
Parties shall track their respective development costs
and will use the alternative dispute resolution process
set forth in
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Attachment 3 to this Agreement. Any determination made
in alternative dispute resolution shall be subject to
modification by a subsequent decision of the Commission.
In no event shall either Party allow the pendancy of a
dispute concerning development costs to delay analysis
or implementation of the Network Element or Combination.
1.7 Unless specified otherwise in this Attachment, PACIFIC will make
the Network Elements identified in this Agreement, and all
Combinations specified herein used by PACIFIC in its network,
available on the Effective Date of this Agreement.
1.8 The charge(s) for Network Elements requested pursuant to Section
1.6 above shall be specified by amendment to Attachment 8.
1.9 Implementation Costs Implementation costs for all Network
Elements set forth in this Attachment will be determined and
recovered as specified in Attachment 8.
2. NETWORK INTERFACE DEVICE (NID)
2.1 General Description and Specifications of the Network Element
2.1.1 Description. NID is PACIFIC's terminal that is used to
connect the end user customer's inside wire with the
telephone network. In addition, the NID is the final
termination point, or DEMARC (demarcation point) in the
loop network where an end user customer connects its
inside wire to a telephone company's loop network.
Connection to PACIFIC's NID will permit CLEC to obtain
direct access to the end user customer's inside wire by
attaching its connecting facility directly to the same
screws or lugs being used by PACIFIC to serve the
customer.
2.1.2. Types of NID. Under this Agreement, PACIFIC shall offer
access to two general types of NIDs:
2.1.2.1. Simple NID, which is a standard network interface
(SNI) the use of which permits the end user's
customer wiring to be isolated from PACIFIC's
network.
2.1.2.2. Complex NID, which is a building terminal where
end user customer wiring terminates on PACIFIC's
network.
2.2. Form of Access
2.2.1. Form of Access Applicable to All NIDs In all
cases (simple and complex), access to PACIFIC's NID will
only be available through a separate NID provided by
CLEC, and a separate connecting facility running either
between the two NIDs, or, where a connector block is
available, between CLEC's NID and the connector block
where the end
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user customer's inside wire is attached. Unless
otherwise agreed in writing, CLEC shall be responsible
for providing its own NID and its own connecting
facility. In addition, CLEC shall be responsible for
obtaining all approvals necessary to place its NID and
the connecting facility on the owner's premise. Nothing
in the agreement precludes the end-user customer from
re-terminating its inside wire to the CLEC-provided NID
thus eliminating the need for NID-to-NID cross-connects.
In addition, should CLEC purchase a combination of
PACIFIC's NID and PACIFIC's Links, a separate CLEC NID
will not be required.
2.2.2. Ordering. CLEC shall order access to PACIFIC's unbundled
NID by placing an order, requesting access to the
unbundled NID with PACIFIC's Local Interconnection
Service Center (LISC).
2.2.3. When orders for simple unbundled NIDs are received by
PACIFIC, PACIFIC shall make available to CLEC
information, where available, indicating the type of NID
currently employed (e.g., SNI, MPOE with Binding post
identification, MPOE with color code identification, or
neither); When orders for complex unbundled NIDs are
received by PACIFIC, PACIFIC shall make available to
CLEC information indicating the type of NID currently
employed ~ SNI, MPOE with Binding post identification,
MPOE with color code identification, or neither).
2.3. General Terms and Conditions
2.3.1. When CLEC purchases a combination of a PACIFIC NID and a
PACIFIC Link. Section 2.3.2 through 2.3.7, 2.3.10 and
2.4 will not be applied.
2.3.2. Dispatch. If the Parties agree that dispatch is required
(e.g., to clear or make available spare Binding posts in
the PACIFIC NID or to secure PACIFIC's facilities at the
premises), then PACIFIC will dispatch a service
technician to complete all necessary work at the
customer's premise to protect PACIFIC's facilities.
Dispatch charges as set forth in Attachment 8, shall
apply with each such order.
2.3.3. Protection of Facilities. In no case shall either Party
connect to the NID or tie down its connecting facility
directly over the other Party's facility without prior
approval of the other Party and without conditioning
having been performed to isolate each Party's network.
Furthermore, in no instance shall either Party attach
its connecting facility in any manner so as to cause
voltage or its own dial tone to occur on the other
Party's network.
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2.3.4. Coordination. Unless requested by CLEC, no coordination
is provided. If CLEC requests coordination, charges will
be applied as specified in Attachment 8. In addition,
unless otherwise agreed by CLEC and PACIFIC, neither
Party shall access the other Party's NID unless the
owning Party's service technician is present, or unless
the owning Party has already made the necessary
modifications to isolate its network.
2.3.5 SNI Conversion. In all residential or small business
locations where a protector is used to connect to the
end user customer's inside wire instead of a SNI, at
CLEC's option, either the protector will be replaced and
a SNI installed or CLEC will install its own SNI and
connect the customer's inside wire to the new SNI. If
CLEC requests PACIFIC to install a new SNI, PACIFIC and
CLEC agree that the placement of a SNI will benefit each
Party, and therefore the cost of installing the new SNI
will be shared equally by PACIFIC and CLEC. The charges
for new SNI installation are specified in Attachment 8.
2.3.6. Connector Blocks When connecting to a connector block,
CLEC and PACIFIC will ensure that PACIFIC's jumpers will
be completely disconnected and not left hanging free so
as to cause potential interference with other facilities
of CLEC, PACIFIC, or the end user customer.
2.3.7. Drops. Either Party shall be permitted to secure its
drop facility to its SNI by grounding same in an
appropriate manner. Upon disconnection of service to the
end user customer, either Party may leave its drop in
place until another LEC or CLC needs access to the NID
to provide service to the customer.
2.3.8 Gaining Access the NID. The Parties each acknowledge and
agree that a special tool is necessary for access to
PACIFIC's side of the SNI. Neither Party shall attempt
to access any type of NID without the proper tool, and
any party accessing the SNI, protector, connector block,
or any other form of NID, shall exercise reasonable care
and sound technician practices so as to avoid damage to
the NID. Nothing in this section shall be construed to
allow either Party to connect its loops directly to the
other Party's NID.
2.3.9 Tagging End User Customer Facilities. Upon request,
PACIFIC will dispatch a technician to tag the end user
customer's inside wire facilities on the customer's side
of the NID. In such cases, a dispatch charge shall
apply, as specified in Attachment 8.
2.3.10. Special Construction Charges. In the event any Special
Construction is required to implement this unbundled
element at any given location,
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Special Construction charges, as defined in Attachment I
and set forth in Attachment 8 may apply.
2.4 Rates CLEC agrees to pay NID rates as specified in Attachment 8.
2.5 Implementation Schedule PACIFIC will make unbundled NIDs
available no later than March 31,1997.
3. LOOPS
3.1. General Terms and Conditions
3.1.1. The terms Loops and Links are synonymous.
3.1.2 Use and Suitability of Loop Service. Unbundled loops may
not be used to provide any service that would degrade or
otherwise adversely affect PACIFIC's network services.
3.1.3. Assigned Telephone Number. CLEC, when not using
PACIFIC's switching capabilities, is responsible for
assigning any telephone numbers necessary to provide its
end users with Exchange Service.
3.2 Types of Loops/Links
3.2.1. 2-Wire or 4-wire Analog Basic Link. This PACIFIC
unbundled Network Element is Plain Old Telephone (POTS)
grade two-wire or 4-wire circuit or equivalent voice
frequency channel that supports analog transmission of
300-3000 Hertz (Hz) with loss no greater than 8.0 db
measured at 1004 Hz with 900 ohms at the central office
P01 and 600 ohms at the MPOE. In addition, coin
supervision and ground start signaling options are
available.
3.2.2. 2-Wire or 4-wire Analog (Assured) Link. The PACIFIC
unbundled Network Element (2-wire or 4 wire) is a voice
frequency channel that supports analog transmission of
300-3000 Hertz ("Hz") with loss no greater than 5.5db
measured at 1004 Hz with 900 ohms at the central office
P01 and 600 ohms at the MPOE.
3.2.3. 2-Wire Digital (ISDN/xDSL Capable) Link. This PACIFIC
unbundled Network Element (2-wire) is an ISDN capable
Link, which is an upgrade to the Basic Link for the
transmission of digital services having no greater loss
than 38db end-to-end, measured at 40,000 HZ with 135
ohms at the central office P01 and 135 ohms at the MPOE;
without loop repeaters, midspan repeaters may be
required. This Link will not have any load coils or
bridge taps within limits defined by the specification
applicable to the ISDN/xDSL Links. In addition, the ISDN
Capable Link, without midspan repeaters, will be used
for Link requests to support xDSL type transmission
rates.
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3.2.4. 4-Wire Digital (1.544 mbps Capable) Link. This PACIFIC unbundled
Network Element (4-wire) is a 1.544 mbps capable Link which is an
upgrade to the Basic Link. It will be conditioned with or without
digital repeaters.
3.2.5 2 Wire Copper Link. This offering (2 wire continuous copper loop
from DF to MPOE, where facilities are available) is a physical
link which can be used to support alarm type Direct Current (DC)
service offerings. This Link will not have any load coils and
bridge taps will be within limits. This 2-wire copper link will
work with most DC alarm circuits.
3.2.6 2 Wire Copper Switched Digital Link. This offering (2 wire
continuous copper loop from DF to MPOE, where facilities are
available) is a physical link which can be used when digital
connectivity is required to the customer's premise having no
greater loss than 31 db end-to-end, measured at 80,000 HZ with
135 ohms at the central office P01 and 135 ohms at the MPOE. This
link will not have any load coils and bridge taps will be within
limits.
3.3. Form of Access Interconnection to loops will be at the central
office P01. Access to unbundled loops may occur in the following
manner:
3.3.1 By purchasing an EISCC to CLEC's collocated equipment in
the same PACIFIC Central Office, or
3.3.2. By purchasing PACIFIC's unbundled transport service, or
Special Access service at rates as specified in
Attachment 8.
3.3.3 Combining Links and PACIFIC's LSNE. In addition to the
connections described above, CLEC may combine PACIFIC's
Links with PACIFIC's LSNE.
3.3.4 Combining NID, Links and PACIFIC's LSNE. In addition to
the connections described above, CLEC may combine
PACIFIC's NID, Links and LSNE
3.4. Responsibilities of the Parties
3.4.1. For the first six months after CLEC's first order for a
Link, CLEC shall provide to PACIFIC forecasts of the
number of Links at a LATA level. Thereafter, CLEC shall
make a good faith effort to provide such forecasts to
PACIFIC at a wire center level. This includes associated
additional line ("ADL") requirements when PACIFIC's
primary residential POTS service is not to be
disconnected in the establishment of Link Service. CLEC
shall provide such forecasts to PACIFIC on a semi-annual
basis.
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3.4.2. CLEC will provide end-user customer listing information
for the purpose of providing E91 1 Service.
3.5. Implementation Schedule
3.5.1 2-Wire Basic and 2-Wire Assured Link Service will be
available on an unbundled basis on the Effective Date
from all PACIFIC Wire Centers on a first-come,
first-served basis, applicable to all carriers,
including PACIFIC, and subject to the availability of
PACIFIC's facilities and facilities at the MPOE at the
premise of the CLEC end user customer. However, certain
of PACIFIC's geographical areas are currently served
solely via integrated digital loop carrier ("IDLC"). In
such areas PACIFIC will make reasonable efforts to
provide Links using copper facilities. Where copper
facilities are not available, PACIFIC will use other
methods to provide such Links and Special Construction
charges may apply.
3.5.2 Combination of PACIFIC's NID and its 2-Wire Basic/2-Wire
Assured Link Service will be available on the Effective
Date.
3.5.3 Implementation of other Link products. 2-Wire Digital
(ISDN/xDSL Capable) Links and 4-Wire Digital (1.544 mbps
Capable) Links shall be available on March 31,1997.
4-Wire Analog Basic Links, 4-Wire Analog Assured Links
and 2-Wire Copper Links will be available on March
31,1997; prior to this date, these facilities will be
installed on a case-by-case basis pursuant to the mutual
agreement of the Parties, provided, the provisioning
intervals in Attachments 11 and 17 will not apply to
these facilities until the Parties agree on
pre-ordering, ordering, provisioning and maintenance for
these facilities.
3.5.4 Implementation of Links combined with LSNE (Options A, B
and C). Links may be combined with LSNE simultaneously
with the availability of the particular LSNE Option
pursuant to the LSNE implementation schedule specified
in this Attachment.
3.6 Rates CLEC agrees to pay the rates for Loops specified in
Attachment 8. There will be no separate charge for NID when CLEC
purchases an unbundled loop.
4. UNBUNDLED SWITCHING
4.1. Unbundled Local Switching Network Element (LSNE). PACIFIC shall
make available unbundled switching capacity, including dial
tone, digit reception, access to signaling, deployed AIN
capabilities and vertical features, with routing to interoffice
trunks and interoffice transport provided by PACIFIC or to
designated trunk specified and purchased by CLEC. PACIFIC
designates this service "Local Switching Network Element"
(LSNE). In purchasing LSNE,
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Attachment 6
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CLEC must obtain a Line Side Port (including a telephone number
and, at CLEC's option, a directory listing) for access to the
switching functions and vertical features provided by the
switch, and some designation of trunking for completion of
calls, with the exception of intra-switch calls. All
intra-switch calls are completed using PACIFIC's switch and no
trunk designation is made for completion of such calls.
4.1.1. Types of charges
4.1.1.1. Line Port charges as set forth in Attachment 8.
4.1.1.2. Nothing in this Section 4 means that the vertical
features are included or excluded from the prices
for switching. The issue of the appropriate
charges for vertical features, if any, shall be
as specified in Attachment 8.
4.1.1.3. Any applicable directory assistance or operator
assistance charges as set forth in Attachment 8.
4.1.1.4. Usage sensitive (per minute of use) local
switching charges, as set forth in Attachment 8
and Attachment 18. Usage will be recorded in one
second increments. Usage seconds will be totaled
for the entire monthly xxxx and then rounded to
the next whole minute. Usage sensitive local
switching charges will be on a per minute of use
basis and applied to all originating and
terminating traffic, including, but not limited
to local, toll, E 911 calls, calls to time and
weather announcements, etc. PACIFIC will (where
feasible) measure and charge for all
non-conversation time (e.g., ringing, calls to
busy lines, intercept). Where non-conversation
time cannot be measured the Parties will mutually
agree on the appropriate measure and charge.
4.1.1.5 Charges for completion of interconnection traffic
(local and toll) shall be determined pursuant to
Attachment 18 at the rates set forth in
Attachment 8.
4.1.2 Form of Line Port Access. Access to LSNE, as specified in Section
4.1.3 may occur in the following manner:
4.1.2.1 LSNE Access, Cross-Connection Through
Collocation: From CLEC's collocation space, CLEC
may purchase an EISCC cross-connection to
PACIFIC's Line Side Port to obtain access to
LSNE.
4.1.2.2. Combining Links and LSNE: CLEC may
combine Links and PACIFIC's LSNE. Under this
scenario, CLEC shall not be required to purchase
a cross connection facility from PACIFIC's
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central office distribution frame to the Line
Side Port of the switch.
4.1.2.3. Combining Links, LSNE and Transport: CLEC may
combine Links (with or without a NID), the LSNE,
and transport facilities, which can be dedicated,
shared or common transport from PACIFIC. Under
this scenario. CLEC shall not be required to
purchase any cross-connection facility from
PACIFIC.
4.1.3. Types of LSNE
4.1.3.1 Option A: PACIFIC-Provided Interoffice Transport
and PACIFIC-Provided Operator and Directory
Assistance Services. In this configuration, CLEC
purchases a Line Port and receives a telephone
number and directory listing, switching capacity,
switch features including deployed AIN
capabilities and completion to PACIFIC's
interoffice trunks for all multiple-switch local
calls, calls to operator and directory assistance
services, E-91 1, intraLATA toll calls and
switched access calls. In this configuration,
intra-switch calls are also provided through
PACIFIC's switch. PACIFIC will be solely
responsible for design and engineering of the
trunks under this option. In addition, PACIFIC
will provide all 0-, operator and directory
assistance services under this option. PACIFIC's
switching capacity will be programmed to allow
routing to and from CLEC's line ports, including
operator and directory assistance calls, to
PACIFIC's network.
4.1.3.1.1 Rates The charges set forth in Section
4.1.1 shall apply.
4.1.3.2. Option B: PACIFIC-Provided Interoffice Transport
with Customized Routing-Simple and with Operator
and/or Directory Assistance (DA) Services
Unbundled from PACIFIC's Line Port Switching
Capacity. In this configuration, CLEC purchases a
Line Port and receives a telephone number and a
directory listing, Switching Capacity, switch
features (including deployed AIN capabilities)
and completion to PACIFIC's interoffice trunks
for all multiple-switch local calls, E-91 1
calls, intraLATA toll and Switched Access calls.
In this configuration, intra-switch calls are
also provided through PACIFIC's switch. With the
exception of trunks for operator and/or directory
assistance services, or both, PACIFIC will be
solely responsible for design and engineering of
its interoffice trunks. CLEC will be required to
order separate trunks for operator services
provided by itself or a third party identified by
CLEC to provide such services.
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Transport facilities may be purchased from
PACIFIC, or connected to CLEC's facilities
through a collocation cage by obtaining a cross
connection from PACIFIC. CLEC will be responsible
for design and engineering of the operator and/or
directory assistance trunks under this option,
and shall also be responsible for designating the
transport facilities it desires, if any, from
PACIFIC and the points where these facilities
shall terminate. In addition, CLEC shall be
responsible for providing all operator and/or
directory assistance services. PACIFIC's
switching capacity will be programmed for CLEC to
allow routing of calls to PACIFIC's shared
network, except operator and/or directory
assistance calls will be routed to the trunks
designated by CLEC. In this configuration, the
following charges specified in Attachment 8 will
apply:
4.1.3.2.1 The charges set forth in 41.1 above.
4.1.3.2.2 Non recurring switch programming charges
as specified in Attachment 8.
4.1.3.2.3 Trunk Port Cross Connect Charge (EISCC).
(a) If CLEC provides its own dedicated
transport to CLEC designated DA and/or
operator platform, a cross-connection
charge from the unbundled switch element
to CLEC's designated collocation cage
located in the same office shall apply
at the rates set forth in Attachment 8.
(b) There will be no cross-connect
charge if CLEC selects dedicated
transport from PACIFIC's intrastate
Special access tariffs or PACIFIC's
unbundled dedicated transport tariff for
connection to CLEC's designated P01.
4.1.3.3. Option C: Customized Routing - Complex for CLEC
Traffic Using Routes Designated by CLEC This
option is Customized Routing for CLEC traffic in
the manner designated by CLEC, and it requires
that special, customized routing programming be
provided by CLEC. This option will include all of
the features listed in Options A and B. However,
with this Option, CLEC has the option of
directing traffic on an NPA-NXX basis to a Port
other than the standard used for PACIFIC's
routing. In this configuration, CLEC obtains one
or more Line Ports and receives a telephone
number and directory listing, switching capacity,
switch features, including deployed AIN
capabilities, and transport, that will permit the
completion of multiple-switch local calls, calls
to either operator or directory assistance
services, or
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both, E-91 1 calls, intraLATA toll calls, and
either operator or directory assistance services,
or both, E-91 1 calls, intraLATA toll calls, and
Switched Access calls. In this configuration,
intra-switch calls will be provided through
PACIFIC's switch. Inter-switch calls will be
provided from either designated common or
dedicated transport facilities. CLEC will be
solely responsible for design and engineering of
any dedicated transport under this option.
PACIFIC will be solely responsible for design and
engineering of any PACIFIC-provided shared or
common transport used under this option.
Dedicated transport may be purchased from PACIFIC
or CLEC may provide its own. In this
configuration, the following charges will apply:
4.1.3.3.1. Rates The charges set forth in Section
4.1.3.2 shall apply.
4.1.4. Implementation Schedule
4.1.4.1. PACIFIC will make Option A available no later
than April 30,1997. CLEC can place orders for
Option A beginning March 1,1997. PACIFIC will
deploy Option A within forty-five (45) days after
CLEC's order for a particular switch, provided
that CLEC places orders for no more than fifty
(50) switches for Option A in any thirty (30) day
period.
4.1.4.2. PACIFIC will make Option B available no later
than April 30,1997. CLEC can place orders for
Option B beginning April 30,1997. Deployment of
Option B will be on a project specific basis as
mutually agreed by the Parties.
4.1.4.3. PACIFIC will make Option C available no later
than June 1, 1997. CLEC can place orders for
Option C beginning May 1,1997. PACIFIC will
deploy Option C within thirty (30) days after
CLEC's order for a particular switch, provided
that CLEC places orders for Option C for no more
than fifty (50) switches in any thirty (30) day
period. The rates in Section 4.1.3.3.1 shall
include the costs incurred in meeting this
implementation schedule.
4.1.4.4 PACIFIC will make direct routing of operator and
directory assistance as specified in Section 4.2
of Attachment 5 no later than April 30, 1997.
CLEC can place orders for direct routing
beginning on April 30, 1997. Deployment will be
on a project specific basis as mutually agreed by
the Parties.
4.2. Tandem Switching
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4.2.1. General Description and Specifications of the Unbundled
Element PACIFIC will provide, subject to the terms and
conditions specified herein, the following unbundled
Tandem Switching:
4.2.1.1. Standard Tandem Switching Tandem Switching allows
use of the Tandem Switch itself for the
transmission of calls between two switches
connected to that tandem, without any customized
routing. PACIFIC's unbundled Tandem Switching
will permit access to the Tandem Switch to
originate a call to, or terminate a call from, a
CLC to a PACIFIC End Office, another LEC,
Wireless Service Provider, or another switch,
using the normal routing established in PACIFIC's
tandem.
4.2.1.2. Custom Tandem Switching. In addition to the
standard Tandem Switching capabilities, custom
Tandem Switching will allow CLEC to originate a
call through PACIFIC's tandem to a CLC, another
LEC, Wireless Service Provider, or another switch
using CLEC's own interoffice facilities. Custom
Tandem Switching consists of three options:
4.2.1.2.1 Option 1: Custom Basic--Use of PACIFIC's
Shared Transport. This option uses
screening that treats CLEC as a homing
End Office. The Custom Basic unbundled
Tandem Switching may use dedicated tandem
trunk groups that allow full LATA-wide
completion over PACIFIC's shared
transport. [EMR records will need to be
exchanged with ILECs who receive calls
initiated from a CLC completing over
PACIFIC's network.] Calls routed to CLEC
will use normal LERG routing.
4.2.1.2.2 Option 2: Custom Simple--Use of PACIFIC's
Common Transport This option uses
screening that treats CLEC as an IEC. The
Custom Simple unbundled Tandem Switching
will use dedicated trunk groups towards
PACIFIC's common transport that will
limit calls to the single tandem serving
area. This option is only able to use
common transport in the terminating
direction. Originating calls from
PACIFIC's End Offices must use shared
transport to the tandem. Custom Simple
uses a Type 2A trunk port with unique
screening capabilities to route traffic
to common transport trunk groups.
4.2.1.2.3 Option 3: Custom Complex--Routing
Designed to CLEC's Specifications. The
Custom Complex tandem unbundled switching
will use customized routing for calls
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sent from CLEC to PACIFIC's tandem that
will be designed to CLEC's
specifications, where technically
feasible. The use of route advance or
overflows with this option will not
advance to or from dedicated trunk ports
to PACIFIC common or shared transport.
PACIFIC cannot xxxx the overflow.
Notwithstanding the foregoing, the
Parties will meet and confer immediately
after the Effective Date of this
Agreement in an effort to find a solution
which can be implemented to enable
PACIFIC to xxxx the overflow. In the
event the Parties are unable to agree
within forty-five (45) days of the
Effective Date on a solution, the Parties
shall submit any dispute to Alternative
Dispute Resolution as set forth in
Attachment 3.
4.2.1.3 When CLEC uses PACIFIC's LSNE (except where CLEC
requests Dedicated Transport using Options B or
C), use of the tandem is included in the common
transport charges set forth in Attachment 8.
4.2.2 Implementation Schedule
4.2.2.1. Standard Tandem Switching as described herein
will be available as of the Effective Date of
this Agreement.
4.2.2.2 Customized Tandem Switching as described in
Options 1 and 2 will be available no later than
May 31, 1997. CLEC can place orders for
Customized Tandem Switching Options 1 and 2
beginning May 1,1997. PACIFIC will deploy
Customized Tandem Switching within thirty (30)
days after CLEC places an order, provided that
CLEC places no more than four (4) such orders in
any thirty day period. Option 3 is available
where technically feasible on a mutually
agreeable date based on CLEC's design
specifications.
4.2.3 Tandem Switching Rate CLEC agrees to pay the Tandem
Switching rate listed in Attachment 8.
5. UNBUNDLED INTEROFFICE TRANSMISSION FACILITIES (TRANSPORT)
5.1 General Description and Specifications of the Network Element
PACIFIC will make available, subject to the terms and conditions
specified herein, the following unbundled transport facilities:
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5.1.1. Entrance Facilities in Connection with Dedicated
Transport. PACIFIC will make available the following
entrance facilities, pursuant to the charges set forth
in Attachment 8, upon request of CLEC:
5.1.1.1. Connections between the PACIFIC's Wire Center
that serves an CLEC switch and the CLEC switch.
5.1.1.2. Connections between PACIFIC's serving Wire
Center and the Point of Presence of CLEC's
IXC's switch.
5.1.2 Dedicated Transport Is an interoffice transmission path
between CLEC designated locations. Such locations may
include PACIFIC Central Offices or other equipment
locations, CLEC network components, other carrier
network components or customer premises. Digital
Cross-Connect System (DCS) functionality is available as
an option which can be used in connection with Dedicated
Transport. PACIFIC will make available the following
dedicated connections, upon request of CLEC:
5.1.2.1. Connections between PACIFIC End Offices or
between PACIFIC End Offices and PACIFIC serving
Wire Centers;
5.1.2.2. Connections between a PACIFIC End Office and
CLEC collocation space located in a distant
PACIFIC End Office;
5.1.2.3. Connections between PACIFIC's End Office or
Tandem Switch and an CLEC designated premise.
5.1.3 Common Transport Common transport will be available
between PACIFIC End Offices and PACIFIC's Tandem Switch
and either Party's connecting End Office, Tandem
Switches or designated P01.
5.1.4 Shared Interoffice Transport Shared transport will only
be available where CLEC purchases LSNE. Shared transport
provides call completion from a PACIFIC End Offices
where LSNE is purchased and the terminating PACIFIC End
Office or P01 where the call leaves PACIFIC's network.
5.1.4.1. Use of the tandem is included in the Shared
Interoffice Transport charges set forth in
Attachment 8.
5.2 Form of Access
5.2.1 Dedicated Transport. CLEC may order dedicated transport
from PACIFIC from the unbundled LSNE to any other point.
5.2.2. Common Transport. Access to common transport will be
available through interconnection at the access tandem.
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5.2.3 Shared Interoffice Transport. Access to shared transport
will only be available where CLEC purchases LSNE. The
Parties acknowledge that there is no physical shared
transport to unbundle between PACIFIC's End Office
switches and PACIFIC's End Offices and Tandem Switches,
and CLEC's interest is in the shared use of transport
between PACIFIC's switches and the associated underlying
performance characteristics. PACIFIC will make available
to CLEC shared transport as currently implemented within
PACIFIC's interoffice network. PACIFIC will engineer,
provision and maintain such shared interoffice transport
facilities and equipment under existing methods and
procedures.
5.2.4. Use of DCS. PACIFIC will make available the use of DCS
equipment, which is a separate unbundled Network
Element. When unbundled DCS is provided with unbundled
transport as a combination, it shall be available on
March 31,1997. When DCS is provided without transport,
it shall be available on May 30, 1997.
5.2.5 CLEC may connect Links at PACIFIC's DF to unbundled
transport through a multiplexing, e.g., D4 channel bank,
DCS or Unbundled Services Cross Connect (USCC) at the
charges set forth in Attachment 8.
5.3. General Terms and Conditions
5.3.1. For dedicated transport, PACIFIC will provide transport
unbundled from switching and other services. Such
transport services will allow CLEC to send individual or
multiplexed switched and dedicated services between
PACIFIC's Wire Centers.
5.3.2. Dedicated transport will be available with the following
functionality or optional services:
5.3.2.1. Protection and restoration of equipment and
interfaces at parity with levels PACIFIC
maintains for its own transport facilities;
5.3.2.2. Compliance with Bellcore and industry standards
to the extent implemented in PACIFIC's transport
network
5.3.2.3. Redundant power supply or battery back-up to the
extent implemented in PACIFIC's transport
network;
5.3.2.4. Provisioning and maintenance performed to the
same extent such provisioning and maintenance is
performed on PACIFIC's own transport network.
5.3.3. Where deployed, PACIFIC will make available interoffice
transport services capable of interfacing on copper,
coaxial cable, and optical fiber
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facilities. Consistent with current bundled offerings,
the interoffice transport services will be capable of
handling transmission rates ranging from voice grade up
through Optical Carrier ("OC")-48.
5.3.4. Transmission Levels. Where deployed, PACIFIC will make
dedicated transport available at the following speeds:
DS0, DS1, D53, and commercially available Optical
Carrier levels (e.g., OC-3/12/48).
5.4. Implementation Schedule. Unbundled transport will be available as
of the effective date of this Agreement, except that unbundled
transport combined with LSNE will be available simultaneously
with the availability of the particular LSNE Option pursuant to
the LSNE implementation schedule specified in this Attachment.
Unbundled dedicated transport will be available on March 31,1997.
5.5. Rates. CLEC agrees to pay the transport rates specified in
Attachment 8.
6. SIGNALING AND DATABASES
6.1. Signaling Networks
6.1.1. General Description and Specifications of the Unbundled Element.
As described in this section, PACIFIC will make available
interconnection to its SS7 signaling network to enable signaling
necessary for call routing and completion. PACIFIC will also make
available unbundled nondiscriminatory access to SS7 signaling
links and PACIFIC's Signaling Transfer Points (STPs).
6.2. Form of Access and General Terms and Conditions
6.2.1. The Parties will interconnect their networks using SS7
signaling protocol as defined in Bellcore Technical
Reference GR-246, and GR-31 7 and GR-394 for ISDN User
Part (ISUP) for trunk signaling.
6.2.2. CLEC may establish CCS interconnections with PACIFIC
either directly or through a third party. CCS
interconnection, whether direct or by third party, shall
be pursuant to the PACIFIC Xxxx/Nevada Xxxx CCS network
interface specification document PUB L-780023-PB/NB,
which will be updated to include interconnection
interface specifications for unbundled signaling links
and access to PACIFIC's STPs. The Parties will cooperate
in the exchange of ISUP and Transaction Capabilities
Application Part (TCAP) messages to facilitate full
interoperability of CCS-based features between their
respective networks, including all CLASS features and
functions, to the extent each Party offers such features
and functions to its own end users.
6.2.3 PACIFIC's current CCS/5S7 Interconnect questionnaire
will be revised to facilitate the exchange of routing
and network architecture
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information between the Parties to provision unbundled
signaling links and STP access. The Parties shall
mutually exchange all S57 signaling parameters,
including Calling Party Number (CPN), and procedures
that are implemented within their SS7 networks as
identified in the CCS/557 Interconnect questionnaire
provided by PACIFIC's CLEC account team or other
mutually agreed process. All privacy indicators of the
Parties will be honored. Also, CLEC will provide their
SS7 network node, address information and identify the
SS7 services they request using the SS7 questionnaire.
6.2.4 PACIFIC will make available to CLEC PACIFIC's signaling
links and access to PACIFIC's STPs or access to
PACIFIC's STPs with CLEC-provided signaling links to
provide capability to support call set-up and to support
CCS-based features being provided on the effective date
of this Agreement. Signaling links will be provisioned
at 56 Kbps, or at 1.5 Mbps if available.
6.2.5. PACIFIC will provide CLEC with access through PACIFIC's
STPs to the following elements connected to PACIFIC's
SS7 network: (1) PACIFIC's SS7-capable End Offices and
Access Tandem Switches; (2) third-party CLC switches;
(3) third-party CLC STPs, if the third-party CLC and
PACIFIC have STP-to-STP interconnection; and (4) PACIFIC
will provide CLC signaling links and/or access to
PACIFIC's STPs for signaling between CLC's switches or
between CLEC and third-party switches (including
unbundled switching elements) when CLEC's and/or
third-party's switches are interconnected to PACIFIC's
SS7 signaling network.
6.2.6. At CLEC's option, CLEC may connect its switches to
PACIFIC's STPs by means of "A" link access and may
connect CLEC STPs to PACIFIC's STPs by means of "D" link
access. PACIFIC will designate the STP pair for
interconnection, and CLEC will then designate the
Signaling Point of Interconnection ("SPOI") within the
STP pair.
6.2.7. All "A" links provided by PACIFIC or CLEC will consist
of two link sets, and "D" links will consist of four
link sets.
6.2.8. CLEC's SS7 links will be interconnected to PACIFIC's
STPs in the same manner that PACIFIC connects its links
to its own STPs. When CLEC connects its links to
PACIFIC's STP a Port charge will apply as specified in
Attachment 8; provided, when CLEC provides its own links
it must access PACIFIC's STP Port through a collocation
cage.
6.2.9. PACIFIC will provide to CLEC all the signaling link
functions, and all the Signaling Connection Control
Point ("SCCP") functions that are deployed in PACIFIC's
SS7 network.
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6.2.10. PACIFIC's current CLC Handbook will be revised to
include ordering and provisioning procedures for
obtaining unbundled signaling links and/or STP access.
6.3. Implementation Schedule and Rates. SS7 STP interconnection is
available in PACIFIC access tariffs today.
6.3.1 Implementation will include testing consistent with
industry standards. Testing of SS7 interconnection shall
include completion of all tests described in PACIFIC's
CCS Network Interconnection Testing documents and
defined by the Internetwork Interoperability Test Plan
(IITP). These tests shall serve as the minimum amount of
testing required to ensure successful signaling network
internetworking.
6.3.2. Rates CLEC agrees to pay the signaling link charge
and/or signaling port charge listed in Attachment 8.
6.4 Call-Related Databases
6.4.1. Toll Free Service Database (800/888)
6.4.2 General Description and Specifications of the Unbundled
Element PACIFIC will provide access to its 800/888
database if CLEC requests such access from PACIFIC as
described below.
6.4.3. Form of Access
6.4.3.1. CLEC's query access to PACIFIC's toll free
service database (800/888) will be via
interconnection at PACIFIC's Regional or Local
STPs consistent with existing network interface
specifications. Specific terms for routing Toll
Free Services are addressed in Attachment 18.
PACIFIC's current CLC Handbook will be revised to
include ordering and provisioning procedures for
obtaining access to PACIFIC's 800/888 database.
6.4.4. Implementation Schedule Query access to 800/888 is
available today in PACIFIC's access tariffs.
6.4.5. Rates. CLEC agrees to pay the toll free service
(800/888) database query rate(s) as specified in
Attachment 8 when CLEC is the intraLATA service provider
for the toll free service customer.
6.5. Line Information Databases ("LIDB")
6.5.1. General Description and Specifications of the Unbundled
Element PACIFIC will provide access to LIDB through
interconnection at the STP. LIDB Service is provided by
PACIFIC to support alternate billing
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services. LIDB provides access to billing validation
data (calling card and billed number screening) which
resides in PACIFIC's LIDB database for use with
alternate billing services, such as Calling Card,
Collect Calls, and Third Number Billing. LIDB will
receive and respond to American National Standards
Institute Signaling System 7 protocol queries as defined
in Bellcore publication TR-TSV-000905, and PACIFIC
publication PUBL-780023 PB/NB.
6.5.2 At this time, PACIFIC has not implemented other LIDB
features such as Calling Name or Domestic Cards. If
PACIFIC offers Customer Name Address Message (CNAM)
capability, PACIFIC will offer this service to CLEC.
6.5.3. Form of Access
6.5.3.1. CLEC's query access to PACIFIC's LIDB database
will be via interconnection at PACIFIC's
Regional or Local STPs consistent with existing
network interface specifications.
6.5.3.2. If CLEC uses PACIFIC's LIDB, CLEC will send
queries to LIDB from an Operator Service System
(OSS).
6.5.3.3. PACIFIC's current CLC Handbook will be revised
to include ordering and provisioning procedures
for obtaining access to PACIFIC's LIDB
database.
6.5.4. Implementation Schedule Query access to LIDB will be
available as of the Effective Date of this Agreement.
6.5.5. Rates CLEC agrees to pay the LIDB rate as specified in
Attachment 8.
6.6 Advanced Intelligent Network Databases ("AIN")
6.6.1 General Description and Specifications of the Unbundled
Element: CLEC may purchase the entire set of Advanced
Intelligent Network ("AIN") features or functions, or
any one or any combination of such features or
functions, on a customer-specific basis. PACIFIC will
provide CLEC with query access to AIN databases to
support AIN services in two ways: from PACIFIC's
unbundled switch element or resold line; from CLEC's own
switch. PACIFIC will provide CLEC access to PACIFIC's
End-Office triggers when CLEC purchases PACIFIC's LSNE
and any available AIN services. AIN database access may
not be used to access other PACIFIC databases.
6.6.2 Form of Access. CLEC's query access to PACIFIC's AIN
SCPs will be via interconnection at PACIFIC's Regional
or Local STPs consistent
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with existing network interface specifications and using
messages conforming with Bellcore's Technical Reference
TR-NWT-001285. The requirements for these messages may
be modified by AIN access mediation (specifications not
yet available).
6.6.2.1 PACIFIC's current CLC Handbook will be revised to
include ordering and provisioning procedures to
obtain access to PACIFIC's AIN databases and/or
End-Office capabilities.
6.6.3 General Terms and Conditions. PACIFIC will require
access mediation to prevent unauthorized changes or
access to data resident in its AIN database. Such access
mediation will also provide network management functions
to prevent CLEC traffic overloads from interfering with
PACIFIC's AIN SCP operation.
6.6.4. Implementation Schedule for Query Access to AIN Using
PACIFIC's Resold Basic Exchange Service Or PACIFIC's
LSNE PACIFIC will make available such unbundled query
access to AIN no later than March 31,1997.
Implementation will include testing consistent with
standards applicable to this database.
6.6.5. Implementation Schedule for Query Access to AIN Using
CLEC's Switch Through PACIFIC's STP Implementation of
query access to AIN using CLEC's switch through
PACIFIC's STP requires special work specific to each
request, and therefore implementation shall occur on a
case-by-case basis.
6.6.6. Rates. CLEC agrees to pay the AIN rates as specified in
Attachment 8.
7. SERVICE MANAGEMENT SYSTEM ("SMS")
7.1. SMS For LIDB
7.1.1 General Description and Specifications of the Unbundled
Element. PACIFIC will provide access to the Service
Management System for LIDB, referred to as the LIDB
Administrative System (LIDB/AS) if CLEC requests such
access. Access to LIDB/AS will allow CLEC to create,
modify, update or delete the end user line information
in PACIFIC's LIDB database for CLEC Customers when
PACIFIC is the carrier of record in the LERG. For an
CLEC end user, line information includes telephone
number and preassigned calling card PIN and billed
number screening data (collect and third number billing
indicators). PACIFIC's LIDB updates are processed
continuously through service order input to LIDB/AS,
which then updates LIDB.
7.1.2. Form of Access
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7.1.2.1. PACIFIC will provide access to LIDB/AS in a
manner equivalent to how access is provided to
PACIFIC itself. CLEC shall have the ability to
create, modify, update, or delete information in
LIDB through service order processing, generated
through PACIFIC's Local Interconnection Service
Center (LISC) or electronic service order entry.
7.1.2.2. In the event CLEC requires an emergency update to
its end user line information in the LIDB
database, CLEC will be directed to PACIFIC's Data
Base Administration Center (DBAC) to process this
request. The DBAC organization provides
administrative support into LIDB/AS for PACIFIC's
business office organizations. This is the same
process used today by PACIFIC service
representatives to initiate emergency updates to
LIDB.
7.1.3. General Terms and Conditions
7.1.3.1. PACIFIC will process CLEC service order updates
to LIDB/AS in the same manner and time frames
that such updates are processed for PACIFIC
itself.
7.1.3.2. PACIFIC shall use the end user line information
of an CLEC subscriber only to update and maintain
LIDB and not for any other purpose.
7.1.3.3. CLEC may create, update, modify, or delete end
user line information of its own subscribers
through the issuance of service order activity.
CLEC shall not create, update, modify, or delete
end user line information of other carriers' end
users.
7.1.3.4. PACIFIC and CLEC will comply with the Privacy of
Customer Information requirements of Section 222
of the Act, with respect to information obtained
as a result of access to call related databases
and associated SMSs described in this Agreement.
7.1.4. Implementation Schedule
7.1.4.1 CLEC may currently update end user line
information in LIDB/AS through the service order
process. PACIFIC Xxxx will make available the
capability to allow provisioning and changes to
preassigned Personal Identification Number (PIN)
no later than March 31,1997.
7.1.5. Rates The SMS for LIDB is included in the LIDB query
rate specified in Attachment 8.
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7.2. SMS For AIN
7.2.1 General Description and Specifications of the Unbundled
Element
7.2.1.1 This product will allow CLEC to update AIN
service data residing in PACIFIC's AIN network
for use on the CLEC tines.
7.2.2. Form of Access
7.2.2.1 Access to AIN Service management will be provided
via electronic file transfer of CLEC data to
PACIFIC for entry by PACIFIC at one of PACIFIC's
AIN administrative terminals as is currently used
by PACIFIC for maintenance of AIN service and
subscriber data. Electronic access to an AIN SMS
system will be provided when that system is
deployed according to the implementation schedule
listed below.
7.2.3. Rates. Included in the SMS query charge specified in
Attachment 8.
7.2.4. Implementation. PACIFIC will make access to AIN Service
management available by March 31,1997.
7.3 Access to the Service Creation Environment ("SCE") of the AIN
Database
7.3.1. General Description and Specifications of the Unbundled
Element
7.3.1.1. PACIFIC will provide CLEC with access to
PACIFIC's AIN Service Creation Environment
("SCE") for the creation and modification of AIN
services. All AIN services may require testing in
PACIFIC's AIN laboratory prior to deployment into
the network. Testing will evaluate compatibility
with PACIFIC's network nodes, interaction with
other AIN, 800/888, Operator Services, and other
switch-based features, and appropriate use of
network resources.
7.3.2. Form of Access. CLEC may choose among the following
forms of access:
7.3.2.1. Under Option 1, CLEC provides PACIFIC with
documentation and logic design for the desired
service. PACIFIC Xxxx personnel will operate the
AIN SCE terminal to create the service as
described by CLEC.
7.3.2.2. Under Option 2, CLEC personnel will operate
PACIFIC's SCE terminals themselves.
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7.3.4.3 Under Option 3, CLEC will develop service logic
using CLEC's Bellcore SPACE platform and will
transfer the file to PACIFIC for testing and
deployment.
7.3.3. General Terms and Conditions
7.3.3.1. In all options described above, newly created or
modified services will be transferred to the AIN
laboratory for testing prior to deployment into
the network using the same tests currently
performed on PACIFIC's AIN services.
7.3.4. Implementation Schedule for SCE
7.3.4.1. PACIFIC will make Option 1 available no later
than March 31,1997.
7.3.4.2. PACIFIC will make Option 2 available when
partitioning of PACIFIC's SCE is available.
7.3.4.3. PACIFIC will make Option 3 available no later
than March 31,1997.
7.3.5. Rates. Rates for all Options shall be as specified in
Attachment 8.
8. OPERATOR SERVICES
8.1. General Description and Specifications of the Unbundled Element
8.1.1. Unbundled Operator Services allows CLEC to offer
intraLATA operator assistance services to its end user
customers using PACIFIC's Operators on an unbundled
basis.
8.1.2. PACIFIC Operator Services provides the calling party
with general assistance, assistance in completing
intraLATA calls, and a means to alternately xxxx calls
by dialing 0- or 0+, as follows:
8.1.2.1 IntraLATA call completion services include
Station-to-Station, Person-to-Person, connection
to DA, dialing assistance for trouble conditions,
and transfers to repair services;
8.1.2.2 Alternate billing services include Station
Collect, Station Billed to Third Number, Station
Calling Card, Person Collect, Person Billed to
Third Number, and Person Calling Card.
8.1.2.3 General assistance calls include general
assistance (e.g., time and area code requests),
dialing instructions, Busy Line Verification,
Busy Line Interrupt, credit requests (wrong
number, etc.),
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emergency assistance, disabled customer
assistance, IXC requests (customer will be
referred to "00"), and language assistance in
Spanish.
8.1.3. Branding. Whenever PACIFIC provides Operator Services on
behalf of CLEC, at CLEC's option, PACIFIC will brand the
call as an CLEC call, where technically feasible. Where
not technically feasible, such calls will be unbranded.
8.2. Form of Access
8.2.1. Trunking. If CLEC purchases the Operator Services
unbundled element, CLEC may either provision its own
trunk group or order unbundled common or dedicated
Operator Services trunks from PACIFIC to connect from an
End Office(s) to PACIFIC's DMS 200 TOPS switch. These
dedicated one-way trunk groups will conform to Modified
Operator Services Signaling ("XXXX") or Exchange Access
Operator Services Signaling ("EAOSS").
8.2.1.1. "0" and "0+" Access. If CLEC purchases the
Operator Services unbundled element, PACIFIC will
permit CLEC's local exchange customers to connect
to PACIFIC's Operator Services by dialing "0," or
"0" plus the desired intraLATA telephone number.
8.2.2. On CLEC to TOPS trunk group, PACIFIC will complete
intraLATA 0-, 0+, and 1+ coin dialed traffic only
8.2.3. With ANI 07 and ANI 06 signaling, PACIFIC will perform
all necessary switch translations in the DMS 200 TOPS
switch in order to provide billing restrictions. Call
screening and billing restrictions are provided by using
Automatic Number Identification (ANI) and screening
codes. CLEC must provide timely screening data updates
using Operator Services Screen Code Assignment List.
8.2.4. PACIFIC will access PACIFIC's LIDB for CLEC's customers
on an as-needed basis to obtain:
8.2.4.1 Billing telephone number;
8.2.4.2 Associated billing restrictions using PACIFIC's
screen code categories; and
8.2.4.3 Adds, deletes, and changes.
8.2.5 Switching and Signaling
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Attachment 6
26
8.2.5.1 XXXX or EAOSS signaling are required. Documents
providing the signaling interface between CLEC EO
and TOPS are found in TR144 and TR506.
8.2.5.2 Where XXXX is selected, CLEC must order separate
trunk groups for each NPA served.
8.2.5.3. CLEC must also have a point of presence ("POP")
at PACIFIC's DMS 200 switch within each LATA
served by CLEC.
8.2.5.4. In LATAs 722, 724, and 730, CLEC may select any
of PACIFIC's DMS 200 TOPS switches as its POP.
8.2.6. Billing records will be recorded at the TOPS switch and
billing detail will be passed to CABS. Detailed billing
records will be passed to CLEC for end user billing.
8.2.6.1 AMA billing will be created at the selected DMS
200 TOPS switch. These records will be created in
Expanded Bellcore AMA Format ("EBAF") Phase 2.
8.2.6.2 Billing will be based on operator work seconds as
specified in Attachment 8.
8.2.7 For customer rate quote requests, PACIFIC's operators
will provide rating information if CLEC concurs with
PACIFIC's rates; if CLEC does not concur in PACIFIC's
rates, rate quote requests will be handled per Section
4.3.1.3 of Attachment 5.
8.3. General Terms and Conditions
8.3.1. If CLEC purchases the Operator Services unbundled
element, PACIFIC will provide CLEC nondiscriminatory
access to PACIFIC's Operator Services. The service
level, including any dialing delays, of the Unbundled
Operator Service provided to CLEC shall be at parity
with the Operator Service provided by PACIFIC to its own
customers.
8.3.2. BLV and BLVI. PACIFIC will offer operator-to-operator
BLV and BLVI to CLEC on a nondiscriminatory basis, in
accordance with LERG instructions. CLEC OS requires that
a reciprocal BLV/BLVI network be established between
PACIFIC and CLEC.
8.3.3 Operator-Assisted Calls to DA ("OADA"). PACIFIC will
offer OADA to CLEC on a nondiscriminatory basis. OADA
refers to the situation in which a customer dials "0"
and asks the operator for DA; in such situations, the
customer is automatically transferred to a DA operator.
In
92
Attachment 6
27
providing OADA to CLEC, PACIFIC will connect CLEC's end
user customer to PACIFIC's DA operators, and PACIFIC
will charge CLEC as specified in Attachment 8.
8.3.4. PACIFIC shall not be obligated, under any circumstances,
to provide call handling methods or credit card or other
alternate billing arrangements that are different from
those PACIFIC provides to itself or its affiliates.
8.3.5. PACIFIC shall have no duty, apart from factors within
PACIFIC's control, to ensure that CLEC's customers can
in fact access PACIFIC's Operator Services.
8.4. Implementation Schedule
8.4.1. PACIFIC will make available unbundled Operator Services
no later than April 30, 1997.
8.5. Rates CLEC will pay the rates for Operator Services as specified
in Attachment 8.
9. DIRECTORY ASSISTANCE SERVICES
9.1. General Description and Specifications of the Unbundled Element
9.1.1. PACIFIC's unbundled Directory Assistance Service
provides unbundled Directory Assistance ("DA") services
to CLEC by utilizing PACIFIC's DA database. This service
includes PACIFIC's listed customers and listings
supplied to PACIFIC for DA use by other carriers. This
DA service shall be provided at parity with PACIFIC DA
service and will utilize the same Directory Listing
source of information as PACIFIC uses for its own DA
service. PACIFIC's unbundled DA has the following
service attributes:
9.1.1.1 Database and retrieval system for PACIFIC's DA
Operator use;
9.1.1.2 Retrieval of listed telephone number and
address information for residence, business,
and government listings, requested by locality
and name, or a report that the number is not
available;
9.1.1.3 Up to three search requests per call;
9.1.1.4. Area code information for the United States and
Canada:
9.1.1.5. Exchange locality information for California;
9.1.1.6. Use of Automated Response Unit for number
quotation;
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Attachment 6
28
9.1.1.7 Express Call Completion at parity with what
PACIFIC provides for itself or its affiliates.
9.1.1.8. PACIFIC's DA is available on a statewide basis
(throughout California) or by individual NPA.
9.1.1.9. PACIFIC's DA provides telephone numbers and
address information within the State of
California only.
9.1.2. Nondiscriminatory Access to Directory Listings PACIFIC
will provide CLEC with nondiscriminatory access to
PACIFIC's directory listings for DA applications. CLEC
shall pay PACIFIC for the cost of the transfer media
(magnetic tape), plus PACIFIC's reasonable costs for
preparation and shipping of the magnetic tape. PACIFIC
will not permit CLEC to have access to PACIFIC's unlisted
customer names or unlisted customer telephone numbers.
9.2. Form of Access
9.2.1. Access to Unbundled DA Services. PACIFIC will provide CLEC
nondiscriminatory access to PACIFIC's DA Services. The
service level, including any answer delays, of the
Unbundled DA Service provided to CLEC shall be at parity
with the DA Service provided by PACIFIC to its own
customers.
9.2.2. Trunking Access to PACIFIC DA may be provided either
through PACIFIC's access tandem or by dedicated trunking
from End Office and routed to the appropriate DA center
Where CLEC uses trunking from an CLEC End Office to
PACIFIC's access tandem, using local interconnection
trunks at PACIFIC's tandem, CLEC must convert all "411"
dialed calls to NPA 555-1212 prior to delivery to the
tandem as shown in the LERG.
9.2.3. Transport If CLEC has purchased PACIFIC's unbundled DA
Services element, directory transport may, at the option
of CLEC, be provided from where the home NPA access tandem
is, or from an access tandem mutually negotiated with
CLEC. PACIFIC will not provide transport across LATA
boundaries.
9.3. General Terms and Conditions
9.3.1. Branding Whenever PACIFIC provides DA services on behalf
of CLEC, at CLEC's option, PACIFIC will brand the call as
an CLEC call, where technically feasible. Where not
technically feasible, such calls will be unbranded.
94
Attachment 6
29
9.3.2. Unlisted Information If CLEC has purchased PACIFIC's
unbundled DA Services element, PACIFIC emergency operators
will provide emergency assistance regarding unlisted
customers on an equal basis as PACIFIC does to its
customers
9.3.3. CLEC shall not have access to PACIFIC's customers'
unlisted telephone numbers.
9.3.4. Confidentiality of CLEC's DA and Non-Published Listings
PACIFIC will accord CLEC's DA and Non-Published listing
information the same level of confidentiality that PACIFIC
accords its own DA and Non-Published listing information.
9.3.5. DA Call Completion Service In conjunction with the
provision of unbundled DA service to CLEC, PACIFIC will
provide DA Call Completion Service (which is comparable in
every way to the DA Call Completion Service PACIFIC makes
available to its own end users) in those areas where DA
Call Completion Service is generally available and where
facilities permit.
9.3.6 If CLEC purchases PACIFIC's unbundled DA Services element,
PACIFIC's contact with CLEC's end user customers shall be
limited to that effort required to process CLEC's end user
customers' requests for DA services. PACIFIC will not
transfer, forward, or redial an CLEC's end user customer's
call to any other location for any purpose other than the
provision of DA to the customer.
9.3.7. CLEC DA service quality will be equal to that which
PACIFIC provides to its own DA customers.
9.3.8. Billing
9.3.8.1 Billing will be handled by CABS.
9.3.8.2 PACIFIC will bulk-xxxx XXXX, with no detailed
records. CLEC shall be responsible for billing
its end users for this service. All bills for
CLEC DA will reflect a per-call charge and the
applicable transport charges.
9.3.8.3 PACIFIC will not credit CLEC for customer
requests that are not found in the DA database.
9.3.8.4 All DA calls will be billable to CLEC, except
as specifically mentioned herein.
95
Attachment 6
30
9.4 Implementation Schedule Unbundled DA services will be available
as of April 30,1997. Unbundled directory listings specified in
Section 9.1.2 are available on the Effective Date of this
Agreement.
9.5 Rates CLEC agrees to pay for DA services per Attachment 8.
10. OPERATING SUPPORT SYSTEMS
10.1 General Terms and Conditions
10.1.1 PACIFIC will provide unbundled access to its Operating
Support Systems (OSS) consistent with the requirements of
the Act, and implementing regulations, this Agreement and
its applicable Attachments.
10.1.2 The specific requirements for OSS are found in Attachments
5, 11, 12, 13 and 14.
10.2 Implementation Schedule PACIFIC will make 055 available pursuant
to the schedule set forth in Attachments 5, 11, 12, 13 and 14.
10.3 Rates CLEC agrees to pay OSS rates as specified in Attachment 8.
11. STANDARDS FOR NETWORK ELEMENTS
11.1 If one or more of the requirements set forth in this Agreement
are in conflict, CLEC shall elect which requirement shall apply.
11.2 Each Network Element and the interconnections between Network
Elements provided by PACIFIC to CLEC shall be at least equal in
the quality of design, performance, features, functions and other
characteristics, including but not limited to levels and types of
redundant equipment and facilities for power, diversity and
security, that PACIFIC provides in PACIFIC network to itself,
PACIFIC's own customers, to a PACIFIC affiliate or to any other
entity.
11.3 In the event that CLEC reasonably believes that the requirements
of this Attachment 6 are not being met, the Parties will meet and
confer concerning such engineering, design, performance and other
network data, which may be necessary to cure any engineering,
design performance of implementation deficiency. In the event
that such data indicates that the requirements of this Attachment
6 are not being met, PACIFIC shall cure any such deficiency as
soon as possible.
11.4. Subject to this Agreement and its Attachments, PACIFIC agrees to
work cooperatively with CLEC to provide Network Elements that
will meet CLEC's needs in providing services to its customers.
11.5. If PACIFIC makes available to itself or any of its end user
customers an expedited or priority provisioning capability for
Network Elements and interconnections
96
Attachment 6
31
between Network Elements, then Pacific will make such capability
available to CLEC on a non-discriminatory basis.
97
ATTACHMENT 7
NETWORK ELEMENT COMBINATIONS
98
ATTACHMENT 7: NETWORK ELEMENT COMBINATIONS (NOTE 9)
FIRST
COM NOTE 4 NOTE 1 NOTE 8 TANDEM SIGNALING DA/ ORDER
BO NID LOOP EISCC SWITCH TRANSPORT DCS SWITCHING LINKS STP SCP OS DATE COMMENTS
--- --- ----- ----- ------ --------- --- --------- --------- --- --- -- ------- ---------------------------
1. X X X 3/31/97
2. X X X 4/30/97
3. X X X X 3/31/97 If MUXing, USSC or D4 req'd
4. X X X 3/31/97 If MUXing, USSC or D4 req'd
5. X X 4/30/97 Opt. B & C. Note 2
6. X X 4/30/97 Opt. B & C. Note 2
7. X X 3/31/97
8. X X X X 4/30/97
9. X X X 4/30/97 Opt. B & C, FG-D
10. X X 4/30/97 Note 2 & 5, Opt. B & C
11. X X X X X 4/30/97 Note 2 & 5, Opt. B & C
12. X X 4/30/97 Note 6
13. X X X X 4/30/97
14. X X X X X 4/30/97 Note 3
15. X X Note 2 Opt. C
16. X X Note 2
17. X X X X X Note 2
18. X X X X X X Note 2
19. X X X X X 4/30/97
20. X X 4/30/97 Note 6
21. X X X X 4/30/97 Opt. A only, Opt. B & C
require transport, note 3
22. X X X 5/31/97
23. X X X 5/31/97 Note 6
24. X X X X 5/31/97
25. X X X X 5/31/97 Note 3
26. X X X Note 2
27. X X 4/30/97 Note 6
28. X X X X X 4/30/97 Opt. A only, Opt. B & C
require transport, note 3
29. X X X X Note 2
30. X X X X X 5/31/97 Note 6
31. X X X X X X Note 2
----------
Note 1: Switching column: Refers to Option A unless combined with EISCC,
Transport, DCS or DA/OS.
Note 2: Available coincident with unbundled switching Option C which is
presently not technically feasible.
Note 3: Query access to LIDB, 800 & AIN.
Note 4: Loop column: for 2-wire analog (basic & assured), 2-wire digital (ISDN),
4-wire digital (1.544 mbps), 4-wire analog (basic & assured) & 2-wire
copper (two types).
Note 5: OS must use XXXX signaling prior to ILP (2-PIC) deployment. With ILP, OS
can then go to FG-D (MF or SS7) if the subscriber's line is
pre-subscribed to CLEC for intra-LATA traffic. DA requires XXXX if it
goes to OS trunking, but FG-D cannot support 411 (3-digit).
Note 6: STP port access must be ordered on a separate order.
Note 7: Applies to CLEC Operator Service & DA with unbundled switching Options B
& C.
Note 8: Transport column: Dedicated, Common, shared, entrance facilities, all
transmission rates.
Note 9: All dates are contingent on CLEC's commitment to pay the development
costs of each requested combination. Such commitment must be made for
each requested combination before 1/31/97.
99
FIRST
COM NOTE NOTE 1 NOTE 8 TANDEM SIGNALING DA/ ORDER
BO NID LOOP EISCC SWITCH TRANSPORT DCS SWITCHING LINKS STP SCP OS DATE COMMENTS
--- --- ---- ----- ------ --------- --- --------- --------- --- --- --- ------- ------------------
32. X X X X X X X Note 2
33. X X X 4/30/97 Opt. B & C. Note 2
34. X X X X 4/30/97 Note 5
35. X X X X X 4/30/97 Note 5
36. X X X X X X 4/30/97 Note 5
37. X X X X Note 2
38. X X X X X 4/30/97 Note 5
39. X X X X X X 4/30/97 Note 5
40. X X X X X X X 4/30/97 Note 5
41. X X X X 4/30/97 Note 5
42. X X X 4/30/97 Notes 5 & 6
43. X X X X X 5/31/97 Notes 3 & 5
44. X X X X 5/31/97 Note 7
45. X X X X X 5/31/97 Notes 5 & 6
46. X X X X X X 5/31/97 Notes 5 & 6
47. X X X X X X X 5/31/97 Notes 3 & 5
48. X X X X X 5/31/97 Note 5
49. X X X X 5/31/97 Notes 5 & 6
50. X X X X X X 5/31/97 Note 5
51. X X X X X 5/31/97 Note 7
52. X X X X X 5/31/97 Notes 5 & 6
53. X X X X X X 5/31/97 Note 5
54. X X X X X X X 5/31/97 Note 5
Note 1: Switching column: Refers to Option A unless combined with EISCC,
Transport, DCS or DA/OS.
Note 2: Available coincident with unbundled switching Option C which is
presently not technically feasible.
Note 3: Query access to LIDB, 800 & AIN.
Note 4: Loop column: for 2-wire analog (basic & assured), 2-wire digital (ISDN),
4-wire digital (1.544 mbps), 4-wire analog (basic & assured) & 2-wire
copper (two types).
Note 5: OS must use XXXX signaling prior to ILP (2-PIC) deployment. With ILP, OS
can then go to FG-D (MF or SS7) if the subscriber's line is
pre-subscribed to CLEC for intra-LATA traffic. DA requires XXXX if it
goes to OS trunking, but FG-D cannot support 411 (3-digit).
Note 6: STP port access must be ordered on a separate order.
Note 7: Applies to CLEC Operator Service & DA with unbundled switching Options B
& C.
Note 8: Transport column: Dedicated, Common, shared, entrance facilities, all
transmission rates.
Note 9: All dates are contingent on CLEC's commitment to pay the development
costs of each requested combination. Such commitment must be made for
each requested combination before 1/31/97.
100
ATTACHMENT 8
PRICING
101
ATTACHMENT 8
Page 2
ATTACHMENT 8
PRICING
1. LOCAL SERVICES RESALE
The prices charged to CLEC for resold Local Service shall be calculated
using the avoided cost discount set forth herein. The interim wholesale
discount shall be [**] off the applicable retail rate for all PACIFIC
services subject to resale. The interim discount shall remain in effect
until the Commission determines a different wholesale discount in any
proceeding subsequent to the Effective Date of this Agreement. Once so
determined by the Commission, said different wholesale discount shall
apply instead of the interim discount for the remaining Term of this
Agreement.
The prices shall be based on PACIFIC's retail rates applicable on the
Effective Date, less the applicable discount. If PACIFIC changes its
retail rates after CLEC executes this Agreement, the applicable
discount shall be applied to the changed retail rates from the time
such changes become effective.
1.1. Non-recurring Charges for Total Services Resale
1.1.1 Non-recurring charge(s) shall be based on PACIFIC's
retail rates less the applicable discount.
1.1.2 Notwithstanding Section 1.1.1, unless changed by the
Commission, PACIFIC shall NOT charge any
non-recurring charges to switch a customer from
PACIFIC's retail service to CLEC resold service.
PACIFIC may track its one-time, non-recurring service
order costs and seek recovery of these costs in an
appropriate Commission proceeding, which CLEC shall
have the right to contest. In addition, the Parties
disagree whether the "no change-over charge" for
resold services specified in this section should
apply in the following circumstances: (1) when CLEC
moves an existing Link customer (be it an existing
CLEC Link customer or that of another CLC) to resold
Local Service; (2) when CLEC moves an existing resold
customer of another CLC to CLEC's service. For the
customer movement identified in the previous
sentence, PACIFIC may track its non-recurring
provisioning costs and its one-time non-recurring
service order costs and seek recovery of these costs
in an appropriate Commission proceeding, which CLEC
shall have the right to contest
2. UNBUNDLED NETWORK ELEMENTS
The prices charged to CLEC for Network Elements are as specified in
Appendix A to this Attachment. The prices listed in the Appendix are
interim prices only and are subject to change to conform with the rate
for unbundled Network Elements and non-recurring charges adopted by the
Commission subsequent to the Effective Date of this Agreement.
--------------
[**] Pursuant to a request for confidential treatment, price information in this
document has been omitted and separately filed with the Securities and
Exchange Commission.
102
ATTACHMENT 8
Page 3
Once the Commission-determined prices are adopted, said prices will be
substituted for the interim prices and shall apply for the remainder of
the Term of this Agreement.
3. COLLOCATION
On an interim basis, the rates contained in PACIFIC's Schedule Cal.
P.U.C. Tariff No. 175-T, Section 16, and FCC Tariff No. 128, Section
16, shall apply. Any collocation rates determined by the Commission
subsequent to the Effective Date of this Agreement shall replace such
interim rates.
4. INTERCONNECTION SERVICES
PACIFIC will make interconnection arrangements available at all
collocated locations. CLEC may choose to deliver both local and
intraLATA toll traffic over the same trunk group(s). With respect to
the previous sentence, CLEC will provide PACIFIC with the Percent Local
Usage (PLU) factor to facilitate billing of the local interconnection
rate. CLEC's PLU determination shall be subject to reasonable audit by
PACIFIC pursuant to Section 11 of this Agreement.
Prices and terms for interconnection services are specified in
Attachment 18 and Appendix 1 to this Attachment 8, including, without
limitation, the calculation of applicable charges for the completion of
toll and local traffic when PACIFIC's LSNE is used, the manner for
determining when reciprocal compensation applies for the exchange of
local traffic, and the reciprocal compensation rates for local and toll
traffic.
5. RIGHTS OF WAY, CONDUITS AND POLE ATTACHMENTS
CLEC shall pay PACIFIC a fee consistent with 47 U.S.C. Section 224 and
FCC and Commission regulations thereunder for placement of CLEC's
facilities in or on PACIFIC's poles, conduits, or rights of way. The
Parties shall mutually agree on such fee and in the event of any
dispute, will use the Alternative Dispute Resolution process set forth
in Attachment 3. Such fee is subject to change, pursuant to Section 9.3
of this Agreement, in the event the FCC issues new rules or the
Commission adopts rules setting forth a new methodology.
6. OTHER
The following prices also shall apply:
- E911 (when CLEC orders this service as a facilities-based
carrier): PACIFIC's tariff rates shall apply as set forth in
Exhibit 1 to this Attachment 8.
- PACIFIC shall provide RCF to CLEC pursuant to the terms of the
DNCF tariff (including any modification subsequently adopted
by the Commission) filed by PACIFIC, except that the Parties
(a) shall establish accounts to track
3
103
ATTACHMENT 8
Page 4
their own costs of providing INP pursuant to this Agreement
and (b) agree to recover such costs consistent with FCC and
Commission requirements at such time as such requirements are
established. Until any FCC or Commission order establishes a
different cost recovery mechanism, a "xxxx and keep"
arrangement will apply to the ported segment of any ported
call between the Porting Party's switch and the Ported-to
Party's switch.
- References to PACIFIC's Switched and Special Access tariffs or
service shall mean the rates in PACIFIC's intrastate (Cal.
Schedule PUC 175-T) or interstate (FCC No. 128) access
tariffs, as applicable, shall apply.
- Warm line transfer: Where the Parties have agreed that CLEC
will pay PACIFIC for warm line transfer, PACIFIC's tariffed
rate for this service shall apply.
- Centrex Assumed Dial 9: PACIFIC's tariffed rate for this
service shall apply.
These rates shall remain in effect until the Commission determines
different rates in any proceeding subsequent to the Effective Date of
this Agreement. Once so determined by the Commission, said different
rates shall apply instead of the rates set forth herein for the
remaining Term of this Agreement.
7. IMPLEMENTATION COST RECOVERY
The Parties disagree whether or in what amount PACIFIC should charge
CLEC for implementation costs and service quality in excess of parity
incurred as a result of requests to establish and provide
interconnection services, Local Services, Network Elements or
Combinations. PACIFIC shall track all such costs and propose recovery
of same to the Commission. To the extent granted by the Commission,
CLEC shall pay such costs as ordered by the Commission. CLEC is free to
contest PACIFIC's right to recover any such costs and/or what its share
of such costs should be.
8. TO BE DETERMINED
In this Agreement, rates for certain services, Network Elements and
Combinations are specified as "To Be Determined" (TBD). In addition,
numerous provisions of this Agreement refer to prices set forth in
Attachment 8. In the event of such a reference in this Agreement where
there is no corresponding price in this Attachment 8, it shall be
deemed to be TBD. With respect to all TBD prices, prior to CLEC
ordering any such TBD items, the Parties shall meet and confer to
establish a price. If no agreement is reached, the Parties shall refer
any disputes to the Alternative Dispute Resolution process set forth in
Attachment 3. Any rates set in arbitration shall be subject to
modification by any subsequent decision of the Commission. CLEC shall
be responsible for payments of any such rates so established as ordered
in arbitration or by the Commission.
4
104
ATTACHMENT 8
Page 1
---------------------------------------------------------------------------------------------------------------------------------
Monthly Service Order Connect Disconnect Change Order
NETWORK ELEMENTS Recurring Initial Additional Initial Additional Initial Additional Initial Additional
---------------------------------------------------------------------------------------------------------------------------------
LOOP
Weighted 2 - Wire Basic Link
Weighted 4 - Wire Basic Link
Assured
ISDN Option
Digital Link - 1.544 Mbps
PBX
Xxxx
NETWORK INTERFACE DEVICE
LOCAL SWITCHING CAPABILITY
Ports
2-Wire Port
Xxxx Port
Centrex Port
Centrex System
Establishment [**] [**] [**] [**] [**]
ISDN Port
DID Port
DID Number Block
Hunting - Business
DS-1 Line Port
Ports Combined with Loop
Ports (All)
Vertical Features
(Weighted Avg.)
Call Forwarding Variable
Busy Call Forwarding
Delayed Call Forwarding
Call Waiting
Three Way Calling
Call Screen
Message Waiting Indicator
Repeat Dialing
Call Return
Call Forwarding Busy/Delay
Remote Call Forwarding
(Weighted Avg.)
Other Vertical Features
---------------------------------------------------------------------------------------------------------------------------------
-----------------------
[**] Pursuant to a request for confidential treatment, price information in
this document has been omitted and separately filed with the Securities
and Exchange Commission.
1
105
ATTACHMENT 8
Page 1
---------------------------------------------------------------------------------------------------------------------------------
Monthly Service Order Connect Disconnect Change Order
NETWORK ELEMENTS Recurring Initial Additional Initial Additional Initial Additional Initial Additional
---------------------------------------------------------------------------------------------------------------------------------
Basic Switching Functions
Interoffice - Originating
Setup per Attempt
MOU
Interoffice - Terminating
Setup per Call
MOU
Interoffice
Setup per Call
MOU
Tandem Switching
Setup per Call
MOU
INTEROFFICE TRANSMISSION
Trunk Port Termination
End Office Dedicated DS 1 Port
Tandem Dedicated DS 1 Port
CLC Switched Service Establishment
1AESS [**] [**] [**] [**] [**]
5ESS
DMS100
Common Transport
Zone 1
Fixed Mileage
Variable Mileage
Zone 2
Fixed Mileage
Variable Mileage
Zone 3
Fixed Mileage
Variable Mileage
Zone 4
Fixed Mileage
Variable Mileage
Dedicated Transport
Voice Grade Dedicated Transport
Zone 1
Fixed Mileage
Variable Mileage
Zone 2
Fixed Mileage
Variable Mileage
Zone 3
Fixed Mileage
Variable Mileage
Zone 4
Fixed Mileage
Variable Mileage
DS1 Dedicated Transport
Zone 1
Fixed Mileage
Variable Mileage
Zone 2
Fixed Mileage
Variable Mileage
Zone 3
Fixed Mileage
Variable Mileage
Zone 4
Fixed Mileage
Variable Mileage
DS3 Dedicated Transport
---------------------------------------------------------------------------------------------------------------------------------
-----------------------
[**] Pursuant to a request for confidential treatment, price information in
this document has been omitted and separately filed with the Securities
and Exchange Commission.
2
106
ATTACHMENT 8
Page 3
Zone 1
Fixed Mileage
Variable Mileage
Zone 2
Fixed Mileage
Variable Mileage
Zone 3
Fixed Mileage
Variable Mileage
Zone 4
Fixed Mileage
Variable Mileage
---------------------------------------------------------------------------------------------------------------------------------
3
107
ATTACHMENT 8
Page 4
---------------------------------------------------------------------------------------------------------------------------------
Monthly Service Order Connect Disconnect Change Order
NETWORK ELEMENTS Recurring Initial Additional Initial Additional Initial Additional Initial Additional
---------------------------------------------------------------------------------------------------------------------------------
Shared Transport
Zone 1
Fixed Mileage
Variable Mileage
Zone 2
Fixed Mileage
Variable Mileage
Zone 3
Fixed Mileage
Variable Mileage
Zone 4
Fixed Mileage
Variable Mileage
MULTIPLEXING
DS0/DS1 MUX
DS1/DS3 MUX
DCS [**] [**] [**] [**] [**]
USCC
SIGNALING SYSTEM (SS7)
STP Port
SS7 Link
Link Mileage
800 Database
LIDB Query
OPERATOR SERVICES & DA
Directory Assistance Per Call
Operator Services Per Work Sec
COLLOCATION
EISCC Combined with Loop
Basic
DS0
DS1
DS3
EISCC
Basic
DS0
DS1
DS3
Entrance Facilities
2-Wire Voice
4-Wire Voice
DS-1
DS-3 w/equip
DS-3 w/o equip
---------------------------------------------------------------------------------------------------------------------------------
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[**] Pursuant to a request for confidential treatment, price information in
this document has been omitted and separately filed with the Securities
and Exchange Commission.
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ATTACHMENT 9
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ATTACHMENT 9
ACCESS TO VERIGATE, LEX AND OPERATIONS
SUPPORT SYSTEMS
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ATTACHMENT 9
ACCESS TO VERIGATE AND LEX OPERATIONS SUPPORT SYSTEMS
1. GENERAL CONDITIONS
1.1 This Attachment sets forth the terms and conditions under
which PACIFIC provides access to three of PACIFIC'S operations support systems
(OSS) "functions" to CLEC for pre-ordering, ordering and order statusing,
VeriGate and LEX respectively.
1.2 CLEC agrees to utilize VeriGate and LEX as described herein,
only for the purposes of establishing and maintaining Resale services or UNEs
through PACIFIC. CLEC agrees that the ordering interface will only support those
Resale and UNE services for which industry standard ordering conventions have
been adopted by the OBF. and implemented by PACIFIC. In addition, CLEC agrees
that such use will comply with the summary of SBC's Operating Practice 113, as
attached to this Attachment and the User ID request form. The Alternative
Dispute Resolution (ADR) process set forth in Attachment 3 shall apply to any
issues which arise under this Attachment 9, including any alleged non-compliance
with these security guidelines.
1.3 CLEC's access to pre-order functions described in 2.2.2 and
2.3.2 will be governed by Sections 5.5 of Attachment 5 to this Agreement for
Resale services. and by Section 5.2 of Attachment 11 to this Agreement for UNE
services.
1.4 By utilizing the electronic interfaces described herein to
access OSS functions, where CLEC has direct ordering capability, CLEC agrees not
to knowingly alter any applicable Resale rates and charges where they are
subject to the terms of this Agreement and applicable PACIFIC tariffs or PACIFIC
UNE rates and charges per the terms of this Agreement. CLEC agrees to use
reasonable business efforts to submit orders that are correct and complete.
Pacific will use reasonable business efforts to reject for processing CLEC
orders which are not correct and complete. The Parties agree to conduct internal
and independent reviews for accuracy. The audit rights in Section 11 of the
Agreement shall apply.
1.5 The Information Services (I.S.) Call Center provides a
technical support function for the OSS interfaces described in this Attachment.
CLEC will also provide a single point of contact for technical issues related to
the electronic interfaces.
1.6 PACIFIC and CLEC will establish interface contingency plans
and disaster recovery plans for the OSS interfaces described in this Attachment.
1.7 The Parties agree that the Change Management Process agreed to
and documented under the auspices of the CPUC OSS 011 will be used to manage
changes to LEX and Verigate.
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2. PRE-ORDER
2.1 Where available to Pacific, PACIFIC will provide real time
access to pre-order functions to support CLEC ordering of Resale services and
UNE via the electronic interfaces described herein. The Parties acknowledge that
ordering requirements necessitate the use of current, real time pre-order
information to accurately build service orders. The following lists represent
pre-order functions that are available to CLEC.
2.2 Pre-ordering functions for Resale include:
2.2.1 features and services available at a valid service
address (as applicable):
2.2.2 access to customer proprietary network information
(CPNI) for PACIFIC retail or resold services for
pre-ordering will include: billing name service
address. billing address. service and feature
subscription, directory listing information, long
distance carrier identity, and pending service order
activity. CLEC agrees to comply with the conditions
as described in Section 5.5 of Attachment 5 to this
Agreement;
2.2.3 a telephone number (if the end user does not have one
assigned) with the end user on-line;
2.2.4 service availability dates to the end user;
2.2.5 information regarding whether dispatch is required:
2.2.6 Primary Interexchange Carrier (PIC) options for
intraLATA toll (when available) and interLATA toll:
2.2.7 service address verification.
2.3 Pre-ordering functions for UNE include:
2.3.1 features and services available at a valid service
address (as applicable);
2.3.2 access to customer proprietary network information
(CPNI) for PACIFIC retail or resold services for
pre-ordering will include: billing name, service
address, billing address, service and feature
subscription, directory listing information, long
distance carrier identity, and pending service order
activity. CLEC agrees to comply with the conditions
as described in Section 5.2 of Attachment 11 to this
Agreement for UNE services;
2.3.3 a telephone number (if the end user does not have one
assigned) with the end user on-line;
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2.3.4 service availability dates to the end user where CLEC
requests PACIFIC to provision combinations of UNEs
and where such combined elements have analogous
PACIFIC retail services with flexible service
availability date functions:
2.3.5 information regarding whether dispatch is required
where CLEC requests PACIFIC to provision combinations
of UNEs and where such combined elements have
analogous PACIFIC retail services with flexible
service availability date functions;
2.3.6 Primary Interexchange Carrier (PIC) options for
intraLATA toll (when available) and interLATA toll;
2.3.7 service address verification.
2.4. Electronic Access to Pre-Order Functions: PACIFIC will provide
CLEC access to the following system:
2.4.1 VeriGate is an end-user interface developed by
PACIFIC that provides access to the pre-ordering
functions for Resale Services and UNE. VeriGate may
be used in connection with electronic or manual
ordering.
3. ORDERING/PROVISIONING
3.1 PACIFIC will provide access to ordering and statusing
functions to support CLEC provisioning of Resale services and UNEs via the OSS
interfaces described below. To order Resale services and UNEs, CLEC will format
the service request to identify what features services, or elements it wishes
PACIFIC to provision in accordance with PACIFIC LSOR and other ordering
requirements which have been reviewed and discussed by both parties. PACIFIC
will provide CLEC access to the following interfaces:
3.1.1 LSR Exchange (LEX) is a graphical user interface
provided by PACIFIC that provides access to the
ordering functions for UNEs and Resale Services.
4. REMOTE ACCESS
4.1 CLEC must access the PACIFIC OSS interfaces, described herein.
via the Pacific Remote Access Facility (PRAF). Connection to the PRAF will be
established via a "port" either through dial-up or direct connection. CLEC may
utilize a single port to access these interfaces to perform the supported
functions in PACIFIC where CLEC has executed this Attachment and purchases
System Access.
4
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5. OPERATIONAL READINESS TEST (ORT) FOR ORDERING/PROVISIONING
5.1 Prior to initial live access to interface functionality, the
Parties shall conduct Operational Readiness Testing (ORT)-which will allow for
the testing of the systems, interfaces. and processes for the OSS functions.
5.2 Prior to live system usage, CLEC must complete user education
classes for PACIFIC-provided interfaces that affect the PACIFIC network. Classes
are train-the-trainer format to enable CLEC to devise its own course work for
its own employees. Charges will apply for each class. Classes will be available
for and required for LEX. Optional classes will be available for VeriGate.
Schedules will be made available upon request and are subject to change. The
length of classes varies; the following table presents the applicable rates.
Ongoing class schedules may be requested from CLEC's account manager.
[**]
5.3 A separate agreement will be required as a commitment to pay
for a specific number of CLEC students in each class. CLEC agrees that charges
will be billed by PACIFIC and CLEC payment is due 30 days later. CLEC agrees
that personnel from other competitive Local Service Providers may be scheduled
into any class to fill any seats for which CLEC has not contracted. Class
availability is first-come, first served with priority given to CLECs who have
not yet attended the specific class.
5.4 Class dates will based upon CLEC requests and PACIFIC
availability.
5.5 CLEC agrees to pay a cancellation fee of the full price noted
in the separate agreement if CLEC cancels scheduled classes less than two weeks
prior to the scheduled start date. Should PACIFIC cancel a class for which CLEC
is registered less than two weeks prior to the schedule start date of that
class, Pacific will waive the charges for the reschedule class for the
registered students. CLEC agrees to provide to PACIFIC completed registration
forms for each student no later than one week prior to the scheduled training
class.
5.6 CLEC agrees that CLEC personnel attending classes are to
utilize only training databases and training presented to them in class.
Attempts to access any other PACIFIC or SBC system are strictly prohibited.
-----------------------
[**] Pursuant to a request for confidential treatment, price information in
this document has been omitted and separately filed with the Securities
and Exchange Commission.
5
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5.7 CLEC further agrees that training material. manuals and
instructor guides are Confidential Information as that term is defined in the
Interconnection Agreement.
6. RATES
6.1 CLEC will pay PACIFIC the OSS rate(s) set forth in California
Public Utilities Commission's first rulemaking in the Open Access and Network
Architecture Development (OANAD) proceeding or as otherwise determined by the
California Public Utilities Commission.
6.2 In the case of rates for interfaces not covered by the OANAD
proceeding. PACIFIC will charge proposed rates filed with the California Public
Utilities Commission in the interim, subject to true-up.
6.3 Should OSS rates not be established in OANAD by September 30,
1998 for LEX and VeriGate. CLEC will, under protest, pay Pacific the OSS rate of
[**] per month for LEX and [**] per month for Verigate.
6.4 CLEC will pay PACIFIC a connectivity rate of [**] per month
per T-I connection for direct access to the PRAF and/or [**] per month per port
for dial-up access to the PRAF.
6.5 All of PACIFIC's proposed rates are subject to true-up should
the final Commission determined rate be higher or lower.
6.6 The rate waiver described in 6.3 is solely for 055 functions
and not applicable to any other product, unless expressly documented in this
Agreement. Neither party waives its rights pursuant to OSS or any other product
in the OANAD proceeding, nor rights in any other product cost proceeding.
-----------------------
[**] Pursuant to a request for confidential treatment, price information in
this document has been omitted and separately filed with the Securities
and Exchange Commission.
6
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Attachment 10
Page 1
ANCILLARY FUNCTIONS
1. INTRODUCTION
This Attachment 10 sets forth the Ancillary Functions that PACIFIC
agrees to offer to CLEC so that CLEC may obtain and use unbundled
Network Elements or PACIFIC services to provide services to its
customers.
2. PACIFIC PROVISION OF ANCILLARY FUNCTIONS
2.1 The Ancillary Functions that CLEC and PACIFIC have identified as
of the Effective Date of this Agreement are Collocation, which is
addressed in Section 3, and Right of Way, which is addressed in
Section 4 of this Attachment. CLEC may use Collocation and Right
of Way to provide any feature, function, or service option that
such Ancillary Function is capable of providing or any feature,
function, or service option that is described in the relevant
technical references, or as may otherwise be designated by CLEC
consistent with the Act, the regulations thereunder and relevant
Commission decisions.
2.2 CLEC and PACIFIC agree that the Ancillary Functions identified in
this Attachment 10 are not exclusive. Either Party may identify
additional or revised Ancillary Functions as necessary to improve
services to customers, to improve network or service efficiencies
or to accommodate changing technologies, customer demand, or
regulatory requirements. Upon the identification of a new or
revised Ancillary Function, the Parties shall cooperate in an
effort to negotiate mutually agreeable rates, terms and conditions
for the provision of that Ancillary Function. If the Parties are
unable to agree on the terms and conditions for a new or revised
Ancillary Function that PACIFIC is required to offer under the
terms of the Act, either Party may invoke the Alternative Dispute
Resolution procedures established by Attachment 3. Security
procedures agreed to by PACIFIC and CLEC for the protection of
both Parties' service and property, including collocation spaces,
and procedures for law enforcement interface are described in
Attachment 16.
3. COLLOCATION
3.1 DEFINITIONS:
3.1.1 Collocation is the right of CLEC to place equipment in PACIFIC's
Local Serving Office (LSO) or other PACIFIC locations to
interconnect with PACIFIC's network. Collocation also includes
PACIFIC providing resources necessary for the operation and
economical use of collocated equipment.
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3.1.2 Physical collocation is defined in 47 C.F.R. Sec. 51.5.
3.1.3 Virtual collocation is defined in 47 C.F.R. Sec. 51.5.
3.2 TECHNICAL REQUIREMENTS
3.2.1 PACIFIC will provide for Physical Collocation and Virtual
Collocation of CLEC's transport facilities and termination
equipment necessary for interconnection of CLEC's network
facilities to PACIFIC's network or access to unbundled network
elements. Such collocation shall be provided at the rates
specified in Attachment 8 and on a nondiscriminatory basis in
accordance with the requirements of the Act and the FCC's rules
thereunder.
3.2.2 PACIFIC shall permit collocation of any type of equipment used or
useful for interconnection or access to unbundled network
elements, in accordance with the Act and sections 579 through 582
of the FCC's First Interconnection Order. Such equipment includes
but is not limited to transmission equipment, such as optical
terminating equipment and multiplexers, equipment for the
termination of basic transmission facilities and such additional
types of equipment that may be agreed to by the Parties or
designated in future FCC or Commission rulings. If a request by
CLEC to collocate is denied on the basis of the equipment to be
installed by CLEC, PACIFIC shall prove to the Commission that such
equipment is not "necessary" as defined by the FCC for
interconnection or access to unbundled network elements.
3.2.3 When providing Virtual Collocation, PACIFIC will, at a minimum,
install, maintain, and repair collocated equipment for CLEC within
the same time periods and with failure rates that are no greater
than those that apply to the performance of similar functions for
comparable equipment of PACIFIC, provided, if CLEC utilizes
nonstandard equipment or equipment not used by PACIFIC at the same
location, CLEC shall pay for (a) any special equipment PACIFIC
must purchase and (b) any training of PACIFIC personnel required
for PACIFIC to install or maintain such non-standard or special
equipment.
3.2.4 PACIFIC will make space available within or on its premises to
CLEC and other requesting telecommunications carriers on a
first-come, first-served basis, provided, however, that PACIFIC
will not be required to lease or construct additional space to
provide for Physical Collocation when existing space has been
exhausted. To the extent possible, PACIFIC will make contiguous
space available to CLEC if CLEC seeks to expand an existing
collocation space. When planning renovations of existing
facilities or constructing or leasing new facilities, PACIFIC
shall take into account projected demand for collocation space.
PACIFIC may retain a limited amount of floor space for PACIFIC's
own specific future uses for a time period up to one year on terms
no more favorable to PACIFIC than those that apply to other
telecommunications carriers seeking to
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reserve collocation space for their own future use. PACIFIC shall
relinquish any space held for future use before denying a request
for Virtual Collocation on grounds of space limitations, unless
PACIFIC proves to the Commission that Virtual Collocation at that
point is not technically feasible. PACIFIC may impose reasonable
restrictions on its provision of additional unused collocation
space ("warehousing") as described in Section 586 of the First
Interconnection Order to collocating telecommunications carriers,
provided, however, that PACIFIC shall not set a maximum space
limitation on CLEC unless PACIFIC proves to the Commission that
space constraints make such restrictions necessary.
3.2.5 PACIFIC will permit CLEC to collocate equipment and use such
equipment to access unbundled Network Elements obtained from
PACIFIC and will not require CLEC to bring its own transmission
facilities to PACIFIC's premises in which CLEC seeks to collocate
equipment for purposes of access to unbundled Network Elements.
3.2.6 PACIFIC will permit CLEC to interconnect its network with that of
another collocating telecommunications carrier at PACIFIC's
premises and to connect its collocated equipment to the collocated
equipment of another telecommunications carrier within the same
premises provided that the collocated equipment is also used for
interconnection with PACIFIC or for access to PACIFIC's unbundled
Network Elements. PACIFIC will provide the connection between the
equipment in the collocated spaces of two or more
telecommunications carriers via EISCCs and any necessary DCS or
other equipment at the requesting competitive local carrier's
expense, unless PACIFIC permits one or more of the collocating
parties to provide this connection for themselves. PACIFIC need
not permit collocating telecommunications carriers to place their
own connecting transmission facilities within PACIFIC's premises
outside of the actual Physical Collocation space.
3.2.7 Transferring CLEC interconnection from PACIFIC's current access
service transport or entrance facilities to EISCCs will be
accomplished within a mutually agreed-upon time frame; however, to
ensure a smooth transition from such access services to EISCCs,
CLEC must provide forecasts of its future needs for EISCC capacity
by location at least 90 days in advance of its desired transition
date.
3.2.8 PACIFIC will permit CLEC to subcontract the construction of
Physical Collocation arrangements with contractors approved by
PACIFIC, provided that PACIFIC will not unreasonably withhold
approval of contractors. Approval by PACIFIC will be based on the
same criteria PACIFIC uses in approving contractors for its own
purposes.
3.2.9 PACIFIC shall provide an EISCC for intraoffice cross-connect
(e.g., DSO, DS1, D53, 0C3, 0C12, 0C48, and STS-1 terminations) as
requested by CLEC, to meet CLEC's need for placement of equipment,
interconnection, or provision of service at rates specified in
Attachment 8.
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3.2.10 Other than reasonable security restrictions described in
Attachment 16, PACIFIC shall place no restriction on access to the
CLEC collocated space by CLEC's employees and designated agents.
Such space shall be available to CLEC designated agents 24 hours
per day each day of week. PACIFIC will not impose unreasonable
security restrictions at the premises. CLEC personnel may, with an
escort provided by PACIFIC, inspect equipment in a Virtual
Collocation location upon and after installation.
3.2.11 CLEC shall have the right, at the point of termination for the
EISCC, to assign which tie pair facilities and which channels on
multiplexers, concentrators or other equipment under CLEC's
control are used for service in the collocated space.
3.2.12 PACIFIC shall allow CLEC to select its own vendors for all
required engineering and installation services associated with its
collocated equipment (e.g., PACIFIC shall not require CLEC to
utilize PACIFIC's internal engineering or installation work forces
for the engineering and installation of CLEC's collocated
equipment). Installation of equipment in the collocated space
must comply with PACIFIC's Installation and Job Acceptance
Handbook, which has been provided to CLEC.
3.2.13 CLEC may install monitoring equipment in the collocated space to
carry data back to CLEC's work center for analysis.
3.2.14 At CLEC's request, PACIFIC shall provide POTS with a connection
xxxx for the collocated space. Upon CLEC's request, this service
shall be available at the CLEC collocated space on the day that
the space is turned over to CLEC by PACIFIC.
3.2.15 PACIFIC shall provide adequate lighting, ventilation, power, heat,
air conditioning, and other environmental conditions for CLEC's
space or equipment. These environmental conditions shall adhere to
Xxxx Communication Research (Bellcore) Network Equipment-Building
System (NEBS) standards.
3.2.16 PACIFIC shall provide access to existing eyewash stations, shower
stations, and bathrooms within the collocated facility on a 24
hours per day and 7 days per week basis for CLEC personnel and its
designated agents.
3.2.17 PACIFIC agrees to negotiate requests by CLEC for diversity of
fiber or power cabling on an individual case basis.
3.2.18 PACIFIC shall protect as proprietary to CLEC all information
provided by CLEC in requesting or maintaining a collocation
arrangement. PACIFIC shall not provide such information to any
third parties and shall limit access to the information to PACIFIC
employees having a need to know.
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3.2.19 PACIFIC shall participate in and adhere to negotiated service
guarantees, performance standards, and ISO reviews.
3.2.20 PACIFIC will complete a Environmental Health & Safety
Questionnaire for each building that collocated space is provided
in. CLEC may provide this questionnaire with its collocation
request and PACIFIC shall return it to CLEC no later than the
first meeting between representatives of CLEC and PACIFIC
scheduled to discuss implementation of a collocation application,
which generally shall be scheduled within thirty (30) days after
CLEC's collocation request ("First Customer Implementation
Meeting").
3.2.21 PACIFIC shall provide CLEC with written notice five (5) business
days prior to those instances where PACIFIC or its subcontractors
may be undertaking a major construction project in the general
area of the collocated space occupied by CLEC or in the general
area of the AC and DC power plants which support CLEC equipment.
PACIFIC will inform CLEC by telephone of any emergency related
activity that PACIFIC or its subcontractors may be performing in
the general area of the collocated space occupied by CLEC or in
the general area of the AC and DC power plants which support CLEC
equipment. Notification of any emergency related activity shall be
made immediately prior to the start of the activity so that CLEC
can take any action required to monitor or protect its service.
3.2.22 PACIFIC shall construct the collocated space in compliance with
CLEC's collocation request for cable holes, ground bars, doors,
and convenience outlets.
3.2.23 CLEC and PACIFIC will complete an acceptance walk through of all
collocated space requested from PACIFIC. Exceptions that are
noted during this acceptance walk through shall be corrected by
PACIFIC within five (5) days after the walk through. The
correction of these exceptions from the original collocation
request shall be at PACIFIC's expense.
3.2.24 PACIFIC shall provide the following to CLEC:
3.2.24.1 Once the collocation space design has stabilized, PACIFIC shall
provide non-architectural drawings depicting the exact location
and dimensions of the collocated space and any physical
obstructions.
3.2.24.2 Prior to the second meeting of CLEC and PACIFIC representatives
scheduled to plan implementation of an CLEC collocation request
("Second Customer Implementation Meeting"), PACIFIC shall provide
Telephone Equipment drawings depicting the exact location, type,
and cable termination requirements (i.e. connector type/number and
type of pairs, naming convention, etc.) for PACIFIC Point of
Termination Bay(s)
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3.2.24.3 Prior to the Second Customer Implementation Meeting, PACIFIC shall
provide drawings depicting the exact path, with dimensions, for
CLEC's fiber ingress/egress into the collocated space.
3.2.24.4 Prior to the Second Customer Implementation Meeting, PACIFIC shall
provide power cabling connectivity information, including
drawings, identifying the sizes and number of power feeders.
3.2.25 PACIFIC will provide access to CLEC to the PACIFIC Point of
Termination bays where cabling from CLEC's collocated space is
terminated for connection to PACIFIC tie pairs.
3.2.26 PACIFIC shall provide positive confirmation to CLEC when
construction of CLEC Collocated space is underway. No later than
the Second Customer Implementation Meeting, PACIFIC shall notify
CLEC of the scheduled completion and turnover dates.
3.2.27 CLEC shall be compensated by PACIFIC for any delays in the
negotiated completion and turnover dates which create expenditures
or delays to CLEC.
3.2.28 PACIFIC shall provide the following information to CLEC no later
than the First Customer Implementation Meeting:
3.2.28.1 Work restriction guidelines.
3.2.28.2 PACIFIC or Industry technical publication guidelines that impact
the design of PACIFIC collocated equipment.
3.2.28.3 PACIFIC contacts (name and telephone number) for the following
areas:
3.2.28.3.1 Engineering
3.2.28.3.2 Provisioning
3.2.28.3.3 Billing
3.2.28.3.4 Operations
3.2.28.3.5 Site and/or Building Managers
3.2.28.4 Escalation process for the PACIFIC representatives (names,
telephone numbers, escalation order) for any disputes or problems
that might arise pursuant to CLEC's collocation.
3.2.29 Power as referenced in this document refers to any electrical
power source supplied by PACIFIC for CLEC equipment or Network
Elements. Power supplied by PACIFIC will support Network Elements
or CLEC equipment at
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equipment specific DC and AC voltages. At a minimum, the power
supplied to CLEC, should be at parity with PACIFIC. Where PACIFIC
performance, availability, restoration, etc. falls below industry
standards, PACIFIC shall bring itself into compliance with such
industry standards as soon as technologically feasible.
3.2.29.1 Central office power supplied by PACIFIC into the CLEC equipment
area, should be supplied in the form of power feeders (cables) on
cable racking into the designated CLEC equipment area. The power
feeders (cables) should efficiently and economically support the
requested quantity and capacity of CLEC equipment. The termination
location should be as requested by CLEC. The number of feeder
cables requested by CLEC, in order to provide maximum reliability
to customers, is directly dependent upon the power requirements of
the equipment and facilities collocated by CLEC. The number of
feeder cables shall be determined by the manufacturer's
recommendation as provided in equipment specifications.
3.2.29.2 PACIFIC and CLEC will negotiate resolution of CLEC requests for
specific size and amperage of power feed based on standard
engineering practices.
3.2.29.3 PACIFIC power equipment supporting CLEC's equipment shall:
3.2.29.3.1 Comply with applicable industry standards (Bellcore, NEBS, IEEE,
etc.) for equipment installation, cabling practices, and physical
equipment layout;
3.2.29.3.2 Have redundant power feeds with physical diversity and battery
back-up at minimum at parity with that provided for similar
PACIFIC equipment;
3.2.29.3.3 Provide central office ground, connected to a ground electrode
located within the CLEC collocated space, at a level above the top
of CLEC equipment +/- 2 feet to the left or right of CLEC's final
request;
3.2.29.3.4 Provide feeder capacity and quantity to support the ultimate
equipment layout for CLEC equipment in accordance with CLEC's
collocation request;
3.2.29.3.5 Provide documentation submitted to and received from contractors
for any contractor bids for any work being done on behalf of CLEC
(this includes but is not limited to power supplies, and cage
construction);
3.2.29.3.6 Provide an installation sequence and access that will allow
installation efforts in parallel without jeopardizing personnel
safety or existing CLEC services;
3.2.29.3.7 Provide power plant alarms that adhere to Xxxx Communication
Research (Bellcore) Network Equipment-Building System (NEBS)
standards TR-EOP-000063; and
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3.2.29.3.8 Provide cabling that adheres to Xxxx Communication Research
(Bellcore) Network Equipment-Building System (NEBS) standards
TR-EOP-000063.
3.2.29.4 PACIFIC will provide CLEC with written notification within ten
(10) business days of any scheduled AC or DC power work or related
activity in the collocated facility that will cause an outage or
any type of power disruption to CLEC equipment located in PACIFIC
facility. PACIFIC shall provide CLEC immediate notification by
telephone of any emergency power activity that would impact CLEC
equipment.
3.2.29.5 PACIFIC employees with keys to the collocation area will be
permitted to enter the CLEC collocated space only during an
emergency, or for annual compliance reviews of the work areas.
3.2.29.6 PACIFIC shall ensure that the collocation equipment areas comply
with all applicable fire and safety codes.
3.3 TECHNICAL REFERENCES.
PACIFIC shall provide Collocation in accordance with applicable
published technical references.
4. RIGHTS OF WAY (ROW), CONDUITS, POLE ATTACHMENTS
4.1 DEFINITIONS:
4.1.1 A Right of Way (ROW) is 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.
4.1.2 A conduit is a tube or similar enclosure that may be used to house
communication or communication-related power cables. Conduit may
be underground or above ground (for example, inside buildings) and
may contain one or more inner ducts. An innerduct is a separate
tube or enclosure within a conduit.
4.1.3 A pole attachment is the connection of a facility to a utility
pole. Some examples of facilities are mechanical hardware,
grounding and transmission cable, and equipment boxes.
4.2 GENERAL REQUIREMENTS
4.2.1 PACIFIC shall make ROW, conduit and pole attachments available to
CLEC through agreements consistent with applicable regulations of
the FCC and the
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Commission and this Attachment 10, Section 3, or through tariffs,
in the event PACIFIC files tariffs covering such facilities.
4.2.2 PACIFIC shall provide CLEC with non-discriminatory and
competitively neutral access, on a first-come, first-served basis,
to ROW, conduit, ducts, pole attachments and entrance facilities
that PACIFIC owns or controls.
4.2.3 Upon request, PACIFIC shall provide CLEC reasonable access on a
non-discriminatory and competitively neutral basis to building
entrance facilities (including but not limited to cable vault,
conduit, equipment rooms and telephone closets that are owned or
controlled by PACIFIC, provided the security of PACIFIC's
facilities is maintained at all times. For some locations, CLEC
personnel must be escorted, and the parties will negotiate a
reasonable arrangement, including administrative costs, if any,
for such escorted access.
4.2.4 PACIFIC may not favor itself in granting access to a ROW, conduit
or pole attachment. PACIFIC shall not deny a request from CLEC for
access to a ROW, conduit or pole attachment on the basis that such
space is reserved for PACIFIC's future business needs, except as
provided in Sections 4.2.5, 4.2.5.1 and 4.2.6.
4.2.5 PACIFIC may reserve capacity for projects for which it has
undertaken engineering studies meeting the requirements of Section
4.2.5.1, with a view toward initiation of physical construction
activities within six (6) months after the date of CLEC's request
or within eighteen (18) months after the date of CLEC's request if
PACIFIC can demonstrate a definitive schedule for completion of
the project with eighteen (18) months and that it is not possible
to commence construction within six (6) months due to action
required by others.
4.2.5.1 At CLEC's request in the event PACIFIC denies an CLEC request for
access pursuant to Section 4.2.5, the parties shall supply to each
other within thirty (30) days of the denial, subject to Section 18
of this Agreement, copies of their respective engineering studies
relating to the disputed space. PACIFIC shall prevail in its
denial of space to CLEC only if PACIFIC's engineering studies have
the same or greater level of detail and completeness as CLEC's
studies. The parties shall meet and confer in an effort to reach
an agreement that PACIFIC's engineering studies meet this
standard. If the parties fail to agree, either Party may invoke
the alternative dispute resolution process set forth in Attachment
3.
4.2.6 The duties of PACIFIC described in Sections 4.2.5 and 4.2.5.1
shall be subject to expansion or contraction in accordance with
rules adopted by the Commission that constitute regulation of
rates, terms and conditions for pole attachments within the
meaning of Section 224(c)(3) of the Act.
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4.2.7 PACIFIC may designate a duct in a mixed cable use environment or
innerduct in an all fiber environment for maintenance purposes,
for the benefit of all users, subject to Sections 4.2.7.1.4.2.7.2
and 0.0.0.0:
4.2.7.1 PACIFIC may designate for maintenance purposes one duct in a
multi-duct trough.
4.2.7.2 PACIFIC may designate for maintenance purposes one innerduct in a
multi-innerduct trough.
4.2.7.3 Where a trough contains both ducts and innerducts, PACIFIC may
designate one duct for maintenance purposes.
4.2.7.4 No Party shall use a duct or innerduct designated by PACIFIC for
maintenance under Sections 4.2.7.1, 4.2.7.2 or 4.2.7.3, except for
maintenance purposes.
4.2.8 In cases where PACIFIC reasonably believes that there is
insufficient capacity to grant a request from CLEC for access to a
ROW, conduit or pole attachment, PACIFIC must take all reasonable
steps to accommodate CLEC's request and explore potential
accommodations in good faith with CLEC.
4.2.9 In the event of an emergency affecting ROW, conduit or pole
attachments made available by PACIFIC to CLEC, PACIFIC shall
follow the mutually agreed upon Emergency Restoration Procedures
attached to the Attachment 10 as Exhibit A.
4.2.10 PACIFIC shall provide to CLEC the names, numbers of the regional
Single Points of Contact (SPOC) for administering all structure
lease and ROW agreements within each defined geographical area.
4.3 APPLICATIONS FOR SPACE
4.3.1 PACIFIC will accept or reject in writing as soon as possible, but
in any event within forty-five (45) days, CLEC's written request
for access to PACIFIC's conduit or poles. PACIFIC's failure to
respond within that time period shall be deemed a rejection of
CLEC's request.
4.3.2 If PACIFIC denies an application by CLEC for conduit or pole
space, its denial must be specific, and include all relevant
evidence or information supporting the denial.
4.4 REQUESTS FOR DRAWINGS
4.4.1 At CLEC's request, PACIFIC shall provide CLEC with detailed
engineering records and drawings of conduit, poles and other ROW
paths in selected areas as specified by CLEC within a reasonable
time frame.
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4.4.2 PACIFIC shall allow personnel designated by CLEC to examine
conduit system or pole line diagrams at PACIFIC's offices,
provided that, for security reasons, a separate room is available
for such examination. PACIFIC will make copies of such prints for
CLEC at CLEC's expense, or a mutually agreed upon third party will
be permitted to examine the diagrams.
4.5 PRE-ORDER REQUESTS FOR INFORMATION
4.5.1 CLEC may submit a written request for information to PACIFIC
before submitting an application for conduit or pole space in a
specified location.
4.5.2 PACIFIC shall provide information regarding the availability and
condition of conduit or pole attachments within ten (10) business
days of CLEC's written request for a records based answer and
twenty (20) business days of CLEC's request for a field based
answer. In the event CLEC's written request seeks information
about the availability of more than five (5) miles of conduit or
more than five hundred (500) poles, PACIFIC shall (1) provide an
initial response within ten (10) business days; (2) use reasonable
best efforts to complete its response within thirty (30) business
days; and (3) if PACIFIC is unable to complete its response within
thirty (30) business days or if the parties are unable to agree
upon a mutually satisfactory long time period for PACIFIC's
response, PACIFIC will hire outside contractors at CLEC's expense,
not to exceed PACIFIC's customary charge for the same work,
provided that before proceeding with such outside hiring, PACIFIC
shall provide to CLEC the contractor's work order and hourly rate.
4.5.3 CLEC shall have the option to be present at the field based survey
and PACIFIC shall provide CLEC at least twenty-four (24) hours
notice prior to start of such field survey. By prior arrangement,
PACIFIC shall allow CLEC personnel, accompanied by a PACIFIC
escort, to enter manholes and view pole structures.
4.6 MAKE READY WORK
4.6.1 PACIFIC shall complete the "make ready work" required on poles or
within conduit to enable CLEC to install its facilities. This work
shall be accomplished by PACIFIC at a reasonable cost within
thirty (30) business days, except that if PACIFIC requires longer
than thirty (30) business days or if the parties are unable to
agree upon a mutually satisfactory longer time period for
completion of the make ready work, outside contractors may be
hired at CLEC's expense to do the work. In that event, PACIFIC and
CLEC shall confer and agree which Party shall hire the
contractors. If CLEC hires the contractors, they must meet
PACIFIC's reasonable standards. If PACIFIC hires the contractors,
before proceeding with the work, PACIFIC shall provide to CLEC the
contractor's work order and hourly rate, which shall not exceed
PACIFIC's customary charge for the same work.
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4.7 POLE ATTACHMENTS
4.7.1 Pole Attachments will be placed in the space on the pole
designated for communications use. This space is generally located
below electric supply circuits and excludes the neutral space
between the electrical and communication space.
4.7.2 PACIFIC shall not attach, or permit other entities to attach,
facilities on existing CLEC facilities without CLEC's prior
written consent, except that such consent shall not be required
for attachments to facilities such as arms and brackets that are
designed for more than one cable.
4.7.3 CLEC may, at its option, make pole attachments using CLEC or
CLEC-designated personnel. CLEC shall follow the methods and
procedures for making pole attachments set forth in Commission
General Order No. 95 and any additional standards provided to CLEC
by PACIFIC.
4.8 CONDUITS:
4.8.1 To the extent that space is available as reasonably determined by
PACIFIC, PACIFIC shall provide CLEC space in manholes for racking
and storage of cable and other materials as requested by CLEC on a
nondiscriminatory, first-come; first-served basis.
4.8.2 PACIFIC shall remove any retired cable from its conduit at CLEC's
expense within a reasonable period of time if necessary to make
conduit space available for CLEC.
4.8.3 Upon prior notice to PACIFIC, CLEC may conduct maintenance
procedures in conduit space leased from PACIFIC. PACIFIC may
dispatch a PACIFIC technician at CLEC's expense to oversee CLEC's
work.
4.8.4 PACIFIC shall not restrict, withhold or unreasonably delay any
modifications to conduit systems necessary to allow access to
and/or egress from such systems, provided that CLEC must obtain
certification of a professional structural engineer for
modifications to post-1960 structures ensuring that the
modifications will not adversely impact the structural integrity
of the manhole.
4.8.5 Subject to accepted industry safety and engineering standards,
PACIFIC will permit manhole interconnections, breaking out of
PACIFIC manholes and breaking out of PACIFIC conduit by CLEC.
PACIFIC may not limit new duct entrances to pre-cast knockouts,
provided that CLEC must obtain certification of a professional
structural engineer for modifications to post 1960 structures
ensuring that the modifications will not adversely impact the
structural integrity of the manhole.
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4.9 INNERDUCTS
4.9.1 PACIFIC will permit CLEC, on a first-come, first-served basis, to
license the use of innerducts in ducts in which PACIFIC already
occupies an innerduct as long as one spare innerduct for
maintenance purposes remains available. If an innerduct licensed
by CLEC becomes defective, CLEC may use the spare maintenance
innerduct as long as CLEC repairs the defective innerduct for use
as a new maintenance spare as soon as possible.
4.9.2 Where spare innerduct does not exist, PACIFIC shall allow CLEC to
install innerduct in a spare PACIFIC conduit, provided that CLEC
complies with applicable law and PACIFIC's construction standards.
4.10 Access to Private Easements
4.10.1 PACIFIC shall not block any third party assignment of ROW to CLEC.
4.10.2 To the extent space is available, PACIFIC shall provide access to
ROWs it has obtained from a third party to CLEC on a
nondiscriminatory, first-come, first-served basis, provided that
any underlying agreement with such third party permits PACIFIC to
provide such access, and provided that CLEC agrees to indemnify
PACIFIC for any liability arising out of such access or use.
4.10.3 PACIFIC will, upon request by CLEC, grant CLEC access to any
private easement held by PACIFIC, in a mutually agreeable form of
sub-easement, assignment or other appropriate access. PACIFIC's
charge for such access shall be a pro rata portion of (a) the
charge paid by PACIFIC to the grantor of the easement and (b) any
other documented administrative and engineering costs incurred by
PACIFIC in obtaining the original easement, both of which shall be
determined on a case-by-case basis and calculated by taking into
account (i) the size of the area to be used by CLEC and (ii) the
number of users of PACIFIC's easement. CLEC shall also pay the
reasonable documented administrative cost incurred by PACIFIC in
processing such requests for access.
4.11 DISPUTE RESOLUTION
4.11.1 If the parties are unable to agree on a matter involving access by
CLEC to a ROW, conduit, innerducts, pole, entrance facility or
private easement owned or controlled by PACIFIC, either Party may
submit the matter to the dispute resolution process set forth in
Attachment 3 to this Agreement or may invoke applicable dispute
resolution procedures described in the Act and the FCC's First
Interconnection Order, sections 1217 through 1231.
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Appendix A
page 1
EMERGENCY RESTORAL PROCEDURES
GENERAL In the event of an emergency, restoration procedures may be
affected by the presence of CLEC facilities in or on PACIFIC
structures. While PACIFIC maintains no responsibility for the
repair of damaged CLEC facilities (except under a special
maintenance contract), it must nonetheless control access to
CLEC structures if restoral of affected facilities is to be
achieved in an orderly fashion.
PRIORITIZING Where PACIFIC and CLEC are involved in emergency restorals,
access to PACIFIC's structures will be controlled by
PACIFIC's Maintenance District Manager or his/her on-site
representative according to the following guidelines:
SERVICE DISRUPTIONS/OUTAGES
- While exercising its right to first access, PACIFIC should
grant nondiscriminatory access to all occupants in or on its
facilities and every effort should be made to accommodate as
many occupants as is reasonably safe. Therefore, reasonable,
simultaneous access will not be denied unless public or other
safety considerations would prohibit such access.
- Where simultaneous access is not possible, access will next
be granted according to longevity in/on the structure (i.e.,
first in time, first in right). Where longevity in the
structure cannot be ascertained, access will be prioritized
on a first come, first served basis.
SERVICE AFFECTING
- While exercising its right to first access, PACIFIC should
grant nondiscriminatory access to all occupants in or on its
facilities and effort should be made to accommodate as many
occupants as is reasonably safe. Therefore, reasonable,
simultaneous access will not be denied unless public or other
safety considerations would prohibit such access.
- Where simultaneous access is not possible, access will next
be granted to occupants according to the level of damage to
its facilities and the likelihood that damage will result in
service disruption. Where likelihood that damage will result
is not clearly discernible, access will be granted according
to longevity in/on the structure (i.e., first in time, first
in right).
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Attachment 10
Appendix A
page 2
- Where longevity in the structure cannot be ascertained,
access will be prioritized a first come, first served basis.
POINT OF CONTACT When an emergency situation arises which necessitates CLEC
access to a manhole after PACIFIC's normal business hours,
CLEC should call PACIFIC's Emergency Control Center (ECC).
All calls during normal business hours must be directed to
the appropriate PACIFIC Single Point of Contact (SPOC). For
after-hours calls, PACIFIC's ECC will contact the Maintenance
Center responsible for after-hours coverage of the affected
area. The maintenance supervisor contacted by the ECC will
return CLEC's call and will arrange for access with on-call
maintenance field personnel during the emergency condition.
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Attachment 00
Xxxxxxxx X
page 1
1. As used in this Agreement, Remote Switching Module or "RSM" means
telecommunications equipment that provides switching network, line and
trunk interfaces, and the capability to perform call processing when
isolated from a required host switch. The "host switch," which must be
provided by CLEC but not in Pacific's premises, is linked to and
controls the RSM, and provides customer feature control, interoffice
trunking, NPA-NXX routing and coordination of one or more RSMs.
2. RSMs shall be placed exclusively for the purpose of access to Pacific
unbundled network elements purchased by CLEC. No RSM shall be used to
perform switching other than between lines served directly by the RSM,
and between the RSM and its host switch located on CLEC premises. No
direct trunks may be established between the RSM and another carrier's
switch(es). Further, RSMs shall not be used to provide "information
services" or "enhanced services," as those terms have been defined by
applicable federal statutes and decisions, including those of the FCC.
3. CLEC shall not be permitted to install its own power plant for use in
connection with collocated RSM equipment. CLEC shall obtain all
necessary AC or DC power feeds from Pacific according to the terms set
forth in Schedule Cal P.U.C No. 175-T, Section 16.4. Any power
requirements beyond those provided for in the above tariff shall be
provided by Pacific to CLEC on an individual case basis.
4. Pacific shall not be obligated to monitor any alarms installed by CLEC,
other than environmental alarms (i e.: those that monitor conditions of
the equipment room, rather than the RSM itself).
5. CLEC's RSM equipment shall be grounded in such a manner as to insure
that such equipment shall cause no harm nor interference with Pacific
network facilities and equipment.
6. CLEC shall list all RSMs it intends to place in its physical
collocation space pursuant to this Agreement on each Application for
Physical Collocation. Because of space limitations RSM collocation is
not permitted in Shared Space collocation arrangements.
7. The placement of RSMs in physical collocation space shall comply fully
with all applicable physical co!location technical publication(s)
referenced in the Interconnection Agreement.
8. In no event shall Pacific be obligated to provide access for the RSM
and equipment described herein or substantially similar facilities in a
virtual collocation arrangement, whether under contract, tariff or
otherwise. The Parties agree that this RSM Agreement does not
constitute, and shall not be asserted to constitute, an admission or
waiver or precedent with any state commission, the FCC, any other
regulatory body or any court, or in
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ATTACHMENT 10
APPENDIX B
page 2
any other forum that Pacific has agreed or acquiesced that the RSM
equipment addressed in this Agreement is "equipment necessary for
interconnection or access to unbundled network elements" under 47
U.S.C. Section 251(c) (6). Pacific understands and agrees that CLEC
remains free to argue that RSM equipment, in general, is "equipment
necessary for interconnection or access to unbundled network elements"
under 47 U.S.C. Section 251(c) (6).
9 Pacific shall have the right, upon 5 business days notice to CLEC, to
inspect CLEC' physical and software configuration of CLEC's RSM for
purposes of confirming CLEC's compliance with the terms of this RSM
agreement. CLEC shall cooperate and provide information as requested by
Pacific to assist with the purposes of this inspection. Any dispute
concerning such inspections, or Pacific's right to any particular
inspection, shall be referred to the Alternative Dispute Resolution
procedures set forth in Attachment 3 to the Interconnection Agreement.
10. This Agreement shall expire or be terminated in the same time frames
and in the same manner as provided for in the Interconnection
Agreement.
131
ATTACHMENT 11
PROVISIONING AND ORDERING
132
ATTACHMENT 11
TABLE OF CONTENTS
PROVISIONING AND ORDERING
1. Network Deployment................................................. 1
2. General Provisioning Requirements.................................. 1
3. Specific Provisioning Process Requirements......................... 2
4. General Ordering Requirements...................................... 4
5. Ordering Interfaces................................................ 5
6. PACIFIC Provision of Information................................... 6
7. Order Format and Data Elements for Individual Network
Elements and Combinations.......................................... 6
8. Performance Requirements........................................... 11
9. Account Maintenance................................................ 13
Appendix A:
Local Service Request Form
Appendix B:
Unbundled Network Element Provisioning Format
Appendix C:
Principles for Implementing Electronic Interfaces for Operational
Support Systems
Exhibit 1 to Appendix C:
Operation Support Systems Implementation Dates
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PROVISIONING AND ORDERING
1. NETWORK DEPLOYMENT
Throughout the term of this Agreement, the quality of the technology,
equipment, facilities, processes and techniques (including, without
limitation, such new architecture, equipment, facilities, and interfaces
as PACIFIC may deploy) that PACIFIC provides to CLEC under this
Agreement must be at least equal in quality to that provided by PACIFIC to
itself.
2. GENERAL PROVISIONING REQUIREMENTS
2.1 Subject to the requirements of Attachment 6, CLEC may order Network
Elements either individually or in any combination. Combinations
("Combinations") consist of multiple Network Elements to enable CLEC to
provide service in a geographic area or to a specific customer and that
are placed on the same order by CLEC. To the extent that Combinations or
unbundled Network Elements are related and logically associated with one
another, Combinations may be ordered with a single order.
2.2 Combinations shall be identified and described by CLEC in this Agreement,
so that they can be ordered and provisioned together and shall not require
the enumeration of each Network Element within that Combination on each
provisioning order.
2.3 PACIFIC shall provide all provisioning services to CLEC during the same
business hours that PACIFIC provisions similar services for its end user
customers. Currently, those hours are Monday through Friday from 8:00 a.m.
to 5:30 p.m. PST. CLEC may request PACIFIC to provide Sunday, holiday,
and/or off-hour provisioning services. If CLEC requests that PACIFIC
perform provisioning services at times or on days other than as
required in the preceding sentence, PACIFIC shall provide CLEC a quote for
such services, consistent with PACIFIC's rates and terms for similar
services to PACIFIC's end user customers, at the rates set forth in
Attachment 8. If CLEC requests any service for which a quote is not set
forth in Attachment 8, PACIFIC will provide CLEC a quote based on state
wide average rates for the services performed. If CLEC accepts PACIFIC's
quote, PACIFIC shall perform such provisioning services.
2.4 PACIFIC's LISC is the Single Point of Contact (SPOC) for all ordering
contacts and order flow involved in the purchase of Network Elements or
Combinations. The SPOC shall provide an electronic interface twenty-four
(24) hours a day, seven (7) days a week for all ordering order flows at
parity with that PACIFIC provides to itself or affiliates. Currently,
several systems
10/16/98
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are less than twenty-four (24) hours per day, seven (7) days per week.
These systems, without limitation, and their current hours, are as follows:
1. XXXXX/XXXX, Monday through Friday, 7:00 a.m. to 11:00 p.m.,
Saturday 7:00 a.m. through 5:00 p.m.;
2. PREMIS, Monday through Saturday, 6:00 a.m. through 11:00 p.m.;
3. BOSS, Monday through Saturday, 6:00 a.m. through 11:00 p.m.;
4. SORD, Monday through Friday, 6:00 a.m. through 11:00 p.m.,
Saturday 6:00 a.m. through 7:00 p.m.;
5. Scheduled Maintenance, one Sunday per month;
6. Scheduled changes to all systems, e.g., XXXXX, 7:00 p.m. every
third Wednesday, etc.
2.5 The SPOC shall also provide to CLEC a toll-free nation-wide telephone
number (operational during the same hours as PACIFIC provides to its own
end user customers, currently from 8:00 a.m. to 5:30 p.m., Monday through
Friday) which will be answered by capable staff trained to answer
questions and resolve problems in connection with the provisioning of
Local Service, Network Elements or Combinations.
2.6 PACIFIC and CLEC shall mutually agree upon interface contingency and
disaster recovery plans for the ordering and provisioning of Local
Service, Network Elements or Combinations.
2.7 PACIFIC will recognize CLEC as the customer of record of all Network
Elements or Combinations ordered by CLEC and will send all notices,
invoices and pertinent information directly to CLEC.
3. SPECIFIC PROVISIONING PROCESS REQUIREMENTS
3.1 Subject to Attachment 6, when CLEC orders the LSNE (either individually or
as part of a Combination), CLEC may also obtain all currently deployed
features and functions from the specified PACIFIC switch. If CLEC requests
a feature or function that is technically available but not deployed in a
particular switch, PACIFIC shall provide CLEC a quote pursuant to Section
1.6 of Attachment 6. If CLEC accepts the quote, Pacific shall deploy the
feature pursuant to the time frames and charges set forth in the quote. In
the event that the Parties cannot agree on the deployment of, or price for
such features, CLEC may seek Alternative Dispute Resolution pursuant to
Attachment 3 of the Agreement.
3.2 When requested by CLEC and at CLEC's option, Pacific will schedule
installation appointments (PACIFIC employee dispatch) with PACIFIC's
representative on the line with CLEC's representative or provide CLEC
access
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to Pacific's scheduling system through a mutually agreed upon
Electronic Interface. PACIFIC will provide appropriate training to all
PACIFIC employees who may communicate, either by telephone or
face-to-face, with CLEC Customers. Such training shall instruct the
PACIFIC employees not to disparage or discriminate against CLEC, its
products or services and shall comply with the branding requirements of
this Agreement.
3.3 Upon request from CLEC, PACIFIC will provide an intercept referral
message for LSNE that includes any new CLEC telephone number, for
residential customers for three (3) months, and business customers for
twelve (12) months, and PACIFIC will provide directory updates at the
next publication. This intercept referral message shall be approved by
CLEC and shall be similar in format to the intercept referral messages
currently provided by PACIFIC for its own end-users. Custom messages or
extension in duration of the referral shall be subject to the charges
set forth in Attachment 8.
3.4 PACIFIC will provide CLEC with a Firm Order Confirmation (FOC) for each
order, within four (4) Business hours of PACIFIC's receipt of each
accurate and complete electronically submitted order. In the absence of
an electronically submitted order, the time frame for a FOC for
manually received orders will be as mutually agreed. In the case of a
Network Elements or Combinations, the FOC must contain an enumeration
of CLEC's ordered Network Elements or Combinations (and the specific
PACIFIC naming convention applied to that Network Element or
Combination), features, options, physical interconnection, quantity,
and PACIFIC commitment date for order completion (Committed Due Date).
3.5 Upon completion of the order, PACIFIC will provide CLEC electronically
(unless otherwise notified by CLEC) with an Order Completion per order
that states when that order was completed. PACIFIC shall respond with
specific order detail as enumerated on the FOC and shall state any
additional charges (e.g. Time and Cost charges) up to a previously
agreed upon limit associated with that order.
3.6 For new Network Elements developed based on Section 1.6 of Attachment
6, the Parties will mutually agree on the testing to be used.
3.7 When CLEC electronically orders a Local Service, Network Element or
Combination, PACIFIC shall provide notification electronically of any
instances when (1) PACIFIC's Committed Due Dates are in jeopardy of not
being met by PACIFIC on any Network Element or feature contained in any
order for Local Service, Network Elements or Combinations or (2) an
order contains Rejections/Errors in any of the data element(s) fields.
Such notice will be made as soon as the jeopardy or reject is
identified. When NDM or EBI is available and CLEC elects to place a
manual order, PACIFIC may notify
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CLEC of a jeopardy or reject condition via facsimile or telephone call to
the CLEC contact identified on the order. In all cases, PACIFIC shall
concurrently indicate its new committed due date.
3.8 At CLEC's request, PACIFIC will perform co-operative testing with CLEC
(including trouble shooting to isolate any problems) to test Local
Service. Network Elements or Combinations purchased by CLEC in order to
identify any performance problems identified at turn-up of the service.
3.9 PACIFIC shall inform CLEC if a customer action results in a reassignment
of an AIN trigger from an CLEC AIN application to some other service
provider's application. Such notification shall be completed within
twenty-four (24) hours of the action via electronic interface as
described in the Account Maintenance requirements specified in this
Attachment.
3.10 Testing of AIN based services in PACIFIC's AIN test laboratory will
identify feature interactions with existing switch-based or other types
of services. PACIFIC will provide CLEC with a list of feature
interactions uncovered during testing of any services. Disclosure of
feature interactions to CLEC's end user will be CLEC's sole
responsibility.
3.11 PACIFIC shall provision correct AIN triggers based on services ordered
by CLEC on its provisioning order.
4. GENERAL ORDERING REQUIREMENTS
4.1 Upon CLEC's request through a Suspend/Restore Order for LSNE or a
Combination containing LSNE, PACIFIC shall suspend or restore the
functionality of any Network Element or Combination to the extent
technically feasible. PACIFIC shall implement any restoration priority
on a per Network Element or Combination basis in a manner that conforms
with CLEC requested priorities and any applicable regulatory policy or
procedures. The charges for a Suspend/Restore are set forth in
Attachment 8.
4.2 PACIFIC shall provide to CLEC the functionality of blocking calls (e.g.,
900, 976 or international calls) by line.
4.3 Subject to Section 271(e)(2)(B), when intraLATA presubscription is
permissible in California, when ordering a local Switching Element, CLEC
may order from PACIFIC separate interLATA and intraLATA routing (i.e., 2
PICs where available) on a line.
4.4 As directed by CLEC, when CLEC orders a Network Element or Combination,
all pre-assigned trunk or telephone numbers currently associated with
that Network Element or Combination shall be retained, if directed by
CLEC, without loss of feature capability and without loss of associated
ancillary
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functions including, but not limited to, Directory Assistance and 911/E911
capability, unless technically infeasible.
4.5 When CLEC orders Network Elements or Combinations that are currently
interconnected and functional, such Network Elements and Combinations will
remain interconnected and functional without any disconnection or
disruption of functionality. This shall be known as Contiguous Network
Interconnection of Network Elements. There shall be no additional charge
for such interconnection.
5. ORDERING INTERFACES
5.1 PACIFIC shall provide to CLEC an Electronic Interface (EI) for
transferring and receiving orders, FOCs Service Completions, and other
provisioning data and materials as set forth in Appendix C and at the
rates set forth in Attachment 8.
5.2 When ordering LSNE, subject to the implementation schedule in this
Agreement, CLEC's representatives will have real-time access to PACIFIC
customer information systems which will allow the CLEC representatives to
perform the following tasks:
1. Obtain customer profile, including customer name, billing and
residence address, billing telephone number(s), and
identification of features and services subscribed to by
customer. Such access shall be governed by Sections 5.5.1.1 and
5.5.1.2 of Attachment 5 to this Agreement, depending on whether
the information accessed is for a residence or business customer.
2. Obtain information on all features and services available, in
end-office where customer is provisioned;
3. Enter the order for the desired features and services;
4. Provide an assigned telephone number (if the customer does not
have one assigned). Reservation and aging of these numbers
remain PACIFIC's responsibility;
5. Establish the appropriate directory listing;
6. Provide service availability dates to the customer;
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7. Provide information regarding dispatch/installation schedule, if
applicable;
8. Order intraLATA toll and access to long distance service in a
single, unified order;
9. Suspension, termination, or restoral of service where
technically feasible."
6. PACIFIC PROVISION OF INFORMATION
6.1 PACIFIC shall provide to CLEC upon request:
1. A list of all services and features technically available from each
switch that PACIFIC may use to provide a Local Switching Element, by
switch CLLI;
2. A listing by street address detail, of the service coverage area of
each wire center;
3. All engineering design and layout information for each Network
Element or Combination, in response to an order for the Network
Element or Combination;
4. A listing of all technically available functionalities for each
Network Element or Combination, in response to an order for the
Network Element or Combination;
5. As long as PACIFIC remains the code administrator for California,
notice of any NPA relief planning meetings so that CLEC may
participate in those meetings to reach industry consensus on NPA code
relief.
7. ORDER FORMAT AND DATA ELEMENTS FOR INDIVIDUAL NETWORK ELEMENTS AND
COMBINATIONS
7.1 In ordering Network Elements or Combinations, CLEC and PACIFIC will
utilize standard industry order formats and data elements developed by the
Alliance for Telecommunications Industry Solutions (ATIS), including
without limitation the Order and Billing Forum (OBF). Industry standards
do not currently exist for the ordering of all Network Elements or
Combinations. Therefore, until such standard industry order formats and
data elements are developed by the ATIS for a particular Network Element
or Combination, CLEC and PACIFIC will mutually agree to a format to be
used to address the specific data requirements necessary for the ordering
of those Network Elements or Combinations. There currently exist OBF
formats for INP and the following Network Elements: Links, Ports, and
Transport. When an ATIS standard or
139
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format is subsequently adopted, the Parties will use such standard or
format in lieu of any standard or format set forth in this Attachment,
unless the Parties mutually agree to continue to use the standard or
format set forth herein.
7.2 CLEC and PACIFIC shall agree upon the appropriate ordering and
provisioning codes to be used for each Network Element or Combination.
These codes shall be known as data elements.
7.3 Each order for a Network Element or a Combination will contain the
following order-level sections, as defined by the OBF or as mutually
agreed to by the Parties: Administration, Xxxx, Contact, and End User
Information, e.g., Local Service Request (LSR) form, Access Service
Request (ASR) form, End User Information (EU) form.
7.4 CLEC will provide provisioning data in the format defined below when
ordering Network Elements or Combinations. First, CLEC will state
whether it is ordering a Network Element (one or more of the Network
Elements described in this Agreement) or a Combination (multiple
Network Elements in the same order). CLEC will then provide data in the
following provisioning categories, such data to be provided on the OBF
ordering form as completed data fields:
1. Activity. The activity field will comply with OBF standards,
which currently include Add, Change, Disconnect and Record Only.
Order Activity Description. For each activity, a further
description of the Order Activity may be required. Consistent
with OBF standards, Modify, Cancel, Expedite, Coordinated,
Suspend and Restore. The preceding Order Activity Descriptions
may be applied to any Add, Change, Disconnect or Record Only
order. In some cases, more than one of these may apply to a
particular order. In addition, Sequence, as defined below, may
be added:
Sequence: The Parties will jointly develop the sequence that
will apply when components of the order must be worked in the
proper sequence, or when components of the order are
sequentially related to components or another order.
2. Purpose of Order. The Purpose of Order will contain a brief
statement describing the overall purpose of the order (e.g.,
Add new ISDN loop or build dedicated trunking/transport from
local end office to CLEC OSPS 5E).
3. Type of Network Element or Combination. The Type of Network
Element or Combination category consists of two parts. First,
an E (Network Element) or C (Combination) followed by a dash
and then the two character code for the Network Element(s)
(e.g., E-LS (Local Switching) and C-DT/LS (Combination of
Dedicated
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Transport and Local Switching)). Below are the Network Elements and their
two character codes:
LL Local Loop
ND Network Interface Device
DC Digital Crossconnect System (DCS)
LS Local Switching
OS Operator Systems (trunking and transport for LSNE)
CT Common Transport
DT Dedicated Transport
SS Signal Transfer Points
SL Signaling Link Transport
DB SCPs/Databases (LNP, LIDB, Toll Free)
TS Tandem Switching
The parties will mutually agree on the proper Type of Network Element or
Combination designators for other Network Elements or Combinations, e.g.,
Operator Services, Directory Services, etc.
4. Interconnection Locations. This category describes the beginning and
end-point of the Network Element or Combination. For example, the point of
termination (POT) may be listed as a switch CLLI, a frame tie down
location, a channel on a T3, or a customer address. Various types of POT
are described in the tables shown in Appendix A.
5. Interconnection Specific. The Interconnection Specific category describes
the nature of the interconnection and the appropriate relationships within
the Network Element/Combination. The appropriate type of Interconnection
Specific is described for each Network Element/Combination in the tables
shown in Appendix A. The following definitions apply:
Contiguous: All cross-connects, muxing, cross-office ties, etc. will be
included between the two interconnection points listed under
Interconnection Locations so that the Network Element or Combination is
delivered fully functional.
Routing: Indicates that routing is party of the necessary interconnection.
Functionally Inclusive: All functionality as it is defined within
Attachment 6 of this Agreement as it relates to interconnection
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when the Network Element or Combination is provisioned by
PACIFIC.
6. Element Identification. This field includes the precise
identifier of the Network Element. For example, the identifier
can be a circuit ID, facility name, switch CLLI, or Working
Telephone Number.
7. Object. The Object identifies the basic unit of the Network
Element or Combination. Examples include Network Trunk (for the
Network Element LS) and DS1 (for the Network Element DT). The
Objects related specifically to each Network Element or
Combination are provided in the tables shown in Appendix A.
8. Quantity/Capacity. This field lists the Quantity/Capacity of
Objects. For example, for the Local Loop the number "1" in this
field would indicate that one Local Loop was being ordered. On
the other hand, for the Object "DT" the number "4" would
indicate that a capacity of 4 DS1 are being ordered.
9. Options. For each Object, there may be numerous Options. This
category identifies the specific Option of the selected Object.
In most case, only one Option applies for each Object. The
specific Options for each Object are contained as shown in
Appendix A. Examples include 2-wire (for the Object Analog
Loop), DID (for the Object Customer Trunk) and ESF (for the
Object DS1).
10. Characteristics. For each Option, there may be multiple
Characteristics that require additional details. This category
identifies those Characteristics, along with the necessary
details. The appropriate type of Characteristics are described
for each Network Element or Combination within the tables shown
in Appendix A. Examples include ISDN conditioned (for the Option
2-wire) and TSG (for the option DID).
11. Features. This field identifies the Features specific to the
Network Element/Combination. For example, when the Network
Element is Local Switching, the CLASS/LASS features would be
included in this category. CLEC will direct PACIFIC which of
these features to activate for a specific customer.
12. Desired Due Date. This field identifies the date the entire
order is expected to be completed.
13. Due Date Detail. If required, this field identifies interim
dates (for Combinations where the network Element Due Dates
differ), and the relationship between the provisioning
activities internal to the order, and those provisioning
activities outside the order that may be related. Coordination
and sequencing requirements will be reflected in this field.
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14. Remarks. This field will include any remarks that are related to
the provisioning order that are not reflected elsewhere.
7.5 When ordering a Network Element (individually or as part of a
Combination), the interconnection and functionality internal to that
Network Element will not be specifically ordered by CLEC and will
automatically be provided by PACIFIC. For example, when ordering the
element DT (Dedicated Transport), the use of Digital Cross Connects
that might be necessary to provide the connectivity between two
interconnection locations will not be described on CLEC's order.
7.6 Examples of the provisioning or OBF format to be used by CLEC when
ordering certain provisioning activities for individual Network
Elements are shown in Appendix B.
7.7 CLEC may purchase Network Elements either individually or in
combinations. Combinations of Contiguous Network Elements can be
ordered (i) on a case-by-case basis for those Network Elements that
are customer-specific; or (ii) on a common-use basis for those Network
Elements that are shared by multiple customers.
7.8 When ordering either customer-specific or common-usage Combinations,
CLEC may specify the functionality of that Combination without the
need to specify the configuration of the individual Network Elements
needed to perform that functionality. For example: CLEC may also
choose to purchase from PACIFIC a Local Loop and Switching Combination
which would be comprised of the Loop and Network Element LS (Local
Switching). This Combination would allow CLEC to purchase switching
features/such as Class features) and functionalities on a per-customer
basis.
7.9 Prior to providing local service using unbundled Network Elements or
Combinations in a specific geographic area or when CLEC requires a
change of network configuration, CLEC may place an order with PACIFIC
requiring PACIFIC to prepare certain common-usage elements and
functionalities for CLEC. CLEC has identified one possible set of
these elements and functionalities as the Local Switching Conditioning
Combination. This Combination may be comprised of all or some of the
following individual Network Elements: LS (Local Switching), CT
(Common Transport), SS (Signal Transfer Points), DB (SCPs/Databases)
and TS (Tandem Switching). In order to provide these Network Elements
and their respective functionalities to CLEC, Pacific shall prepare
its network for CLEC's use of these common elements by readying each
necessary switch.
7.10 CLEC may also use unbundled Network Elements to originate and
terminate toll traffic. CLEC has identified the following two
Combinations which will allow such functionality: Toll Traffic
Combination 1, which is comprised of the
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Network Elements DT (Dedicated Transport) and LS (Local Switching); and
Toll Traffic Combination 2, which is comprised of DT (Dedicated
Transport), TS (Tandem Switching), CT (Common Transport) and LS (Local
Switching).
7.11 There are many additional Combinations which CLEC may choose to order from
PACIFIC.
8. PERFORMANCE REQUIREMENTS
8.1 CLEC will specify on each order its Desired Due Date (DDD) for completion
of that particular order. Standard intervals do not apply to orders under
this Agreement. PACIFIC will not complete the order prior to the DDD or
later than the DDD unless authorized by CLEC. If the DDD is less than the
following Network Element intervals, the order will be considered an
expedited order.
-----------------------------------------------------
INTERVALS FOR ORDER COMPLETION
-----------------------------------------------------
Network Element Number of Days
-----------------------------------------------------
LL 2
LS 2
OS 2
DT
DS0, DS-1, T1.5 3
STS-1, DS3/T3 5
OC-3, + 15
SS 3
SL 2
DB 2
TS 2
C-Local Switch Conditioning 20
Combination
8.2 Within two (2) business hours after a request from CLEC for an expedited
order, PACIFIC shall notify CLEC of PACIFIC's confirmation to complete, or
not complete, the order within the expedited interval. A Business Hour is
any hour occurring on a business day between 8:00 a.m. and 5:00 p.m. PST.
144
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8.3 Once an order has been issued by CLEC and CLEC subsequently requires a new
DDD that is less than the minimum interval defined, CLEC will issue an
expedited modify order. PACIFIC will notify CLEC within two (2) Business
Hours of its confirmation to complete, or not complete, the order
requesting the new DDD.
8.4 CLEC and PACIFIC will agree to escalation procedures and contacts.
PACIFIC shall notify CLEC of any modifications to these contacts within
one (1) week of such modifications.
8.5 PACIFIC shall satisfy the following performance standards: (i) at least
90% of all orders must be completed by DDD; (ii) at least 98% of all
orders must be completed by Committed Due Date; and (iii) at least 99%
of all orders will be completed without error.
8.6 CLEC will pay for all additional cost for performance in excess of
PACIFIC's intervals for comparable services.
9. ACCOUNT MAINTENANCE
PACIFIC AND CLEC agree to the following account maintenance procedures:
9.1 OUTPLOC Transaction Feed
OUTPLOC means when an CLEC Local Service or LSNE changes from CLEC local
exchange service to another local exchange carrier. Until approved
industry standards are available, PACIFIC will notify CLEC using a 9270
CARE-like electronic record when a customer changes from CLEC Local to a
new Local Service Provider. PACIFIC will provide 9270 CARE-like records
six (6) days a week, Monday through Friday (Saturday (when change activity
occurs)), via the CONNECT: Direct interface. Electronic records will be
sent within twenty-four (24) hours of the switch being provisioned for
the customer change. CLEC understands that PACIFIC may send other
9000 series CARE-like electronic records on CLEC Local customers.
9.2 Change Request Implementation
PACIFIC will cease billing CLEC effective as of the date of the
customer's change request. If there is a delay in PACIFIC's
implementation of the customer's change request, PACIFIC will issue a
credit to CLEC for any amounts billed to CLEC with respect to that
customer following the date of the customer's change request.
9.3 Use of Service Order for PIC-Only Change
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When an CLEC Local Customer contacts CLEC Local only to request a change
of Primary Interexchange Carrier (PIC) from one IEC to another IEC,
PACIFIC will accept the PIC-only change request from CLEC Local on the
current service order feed. PACIFIC will change its current tariffed rate
applicable to PIC-only changes.
9.4 IEC PIC Change Request
PACIFIC will not accept a PIC change request from a Long Distance carrier
for CLEC Local customers. Beginning December 1996, PACIFIC will return
such requests to the IEC indicating CLEC's Operating Company Number (OCN)
on the industry standard 3148 record.
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Appendix A
Local Service Request Form
The Unbundled Network Elements Service Request Form will be sent with every UNE
and TSR order and is divided into three sections: the Administrative Section,
the Xxxx Section, and the Contact Section.
The Administrative section is always required and contains such information as
the purchase order number, desired due date, activity, expedite, and related
order numbers.
The Billing section designates the CLEC Billing Account number to be used by the
ILEC and the CLEC billing name and address. This field is to be filled out on
all orders.
The Contact section contains contact information for the Initiator of the order,
the Implementation contact, the design contact, and maintenance contact. For
Loop and Switch orders only the initiator contact person is to be designated,
for Infrastructure provisioning, or customer orders for such things as dedicated
transport, the implementation and design contacts are to be specified.
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Administrative Section:
CCNA____PON__________________VER__SPA__LSR NO________________SC________PG__of__
D/T SENT________DDD___-___-___DFDT_____PROJECT___________________CHC__REQTYP___
ACT__SUP_EXP__EXP REASON________________________AFO____________RTR__CC_________
ENG__ALBR__AGAUTH_DATED______AUTHNM______________________
RPON____________RORD_________SAN______________CLS-SVCS______
LISTING__E911__QTY_____CUSTOMER______________________
_______________________________________________________________________________
XXXX SECTION
BI__BAN_______________ACNA______BILLNM_______________________SBILLNM___________
_________
STREET__________________FLOOR____ROOM_____CITY_______________________STATE_____
ZIP CODE_________________BILLCON________________TEL NO_____________________
FAX__________________EMAIL___________VTA___________
_______________________________________________________________________________
Contact Section
INIT__________________TELNO__________FAX_______________EMAIL___________________
STREET__________________FLOOR_____________________ROOM_________________________
CITY__________________STATE____________________ZIP____________________
IMPCON___________________TEL NO_____________________PAGER______________________
ALT IMPCON_________________TEL NO_____________________PAGER____________________
DSGCON___________________DRC_______________________TEL NO___________FAX NO_____
___________________
EMAIL____________________STREET____________________FLOOR____ROOM_____CITY______
____________
REMARKS________________________________________________________________________
_________________________
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END USER INFORMATION FORM
The End User Information form is sent with every UNE and TSR customer order is
used for ordering specific network elements or TSR to provide service for a
specific customer. It is divided into 5 parts: the Administrative Section, the
Location and Access Section, the Inside Wiring Section, the Xxxx Section and
the Per Customer Element Section.
The Administrative section is used to link subsequent forms to the Unbundled
Network Element Form. The information in this section is on all of the forms
that are used for ordering Unbundled Network Elements, either on a footprint
basis or on an individual customer basis. The Administrative Section contains
five fields which are required on all forms, these field are: Customer Carrier
Purchase Order Number (PON), version (VER), Local Service Request Number (LSR
NO), quantity (QTY), and the page number of (PG_of_). The Administrative
section will not be discussed on further forms.
The Location and Access form contains the customer name and Address and any
specific instruction need to access the customer equipment. This section is
required on all customer orders. The information on this section would be used
for data base entries such as E911 or DA as well designating the location of
any customer premises work.
Inside wiring is not an Unbundled Network Elements but is included here for
completeness. This section needs to be filled out only if the ILEC is the inside
wiring vendor. This section is also included to be consistent with the existing
OBF forms. The Xxxx Section contains the local billing account number and
information for the billing contact.
The Per Customer Network Element Section contains a listing of the specific
Network Elements which are being ordered to serve a specific customer and an
indication of any attached forms which are need for additional information
concerning the ordered Network Elements. Possible customer specific elements
are, the NID, Loop, and Local Switching. The need to provision customer specific
data base information would also be indicated here.
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END USER INFORMATION
Administrative Section:
CCNA____PON__________________VER__UNSR NO____REC TPY_____ACT__SPA____QTY_______
____PG_OF_
_______________________________________________________________________________
Location and Access
NAME_________________STREET NO________DIR_____STREET___________________LOCATION
_______________FLOOR___________ROOM____________CITY___________STATE__ZIP_______
______ALT HOUSE#_______________
LCON________________TEL NO_____________________EUMI__ACC_______________________
_______________________________________________________________________________
___________________________________________
OTHER SERVICES___________________OTHER TN__________________
OMIT LISTINGS WHITE PAGES and DA__STREET DIRECTORY___
_______________________________________________________________________________
Inside Wire
WO__WBAN______________________WCON___________________TEL NO____________________
_______________________________________________________________________________
Xxxx Section
LOCBAN______________________FBI__________________BILL NM_______________________
SBILL NM____________________STREET#________DIR___STREET NAME___________________
FLOOR_____________________LOCATION______________________ROOM_____________CITY__
___________________STATE___ZIP______________________
XXXX CONTACT___________________TELENO___________________
_______________________________________________________________________________
Per Customer Element Section:
RESALE Y/N_ATTACHED FORM_ NID Y/N_ATTACHED FORM_
LOOP Y/N_ATTACHED FORM_
LOOP SWITCH Y/N_ATTACHED FORM_
DATA BASE ENTRY Y/N_ATTACHED FORM_
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
4) LOCAL SWITCHING
--------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of)
Location Specific
--------------------------------------------------------------------------------------------------------
A,C,D,R LS WTN FUNCTIONALLY WTN Line (may be POTS Signaling
Location INCLUSIVE TSG Concentrated ISDN Line Class Code
CLLI ROUTING Designaton if so Centrex WTN
Switch CLLI Switch designated) E911
CLLI Concentration
Ratio
Interface rate
(DS1,DS3)
Interface
protocol
(TR08, TR303)
--------------------------------------------------------------------------------------------------------
Non- POTS Signaling
concentrated ISDN Line Class Code
Line Centrex WTN
E911
Interface rate
(DS0, DS1, DS3)
--------------------------------------------------------------------------------------------------------
Network XX0 Xxx-xxx
Trunk MF Two-way
Routing
Screening
TSG
--------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
---------------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
---------------------------------------------------------------------------------------------------------------
Customer DID Signaling
Trunk DOD Routing
Two-way Screening
TSG
---------------------------------------------------------------------------------------------------------------
Routing Operator
Services
Directory
Assistance
Messaging
---------------------------------------------------------------------------------------------------------------
LNP RCF Ported
DNRI number(s)
RIPH Shadow
LERG number(s)
Number of call
paths
---------------------------------------------------------------------------------------------------------------
AIN trigger Triggers Subscribed
(e.g. Off- Office-based
hook Dialing plan
immediate, Translation type
off-hook Digital sequence
delay)
---------------------------------------------------------------------------------------------------------------
Data Switch Switch Policing
UNI Port type (e.g. Congestion
ATM) control
---------------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
---------------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
---------------------------------------------------------------------------------------------------------------
Frame
Relay)
---------------------------------------------------------------------------------------------------------------
Data Switch Switch Policing
NNI Port type (e.g. Congestion
ATM, control
Frame
Relay)
---------------------------------------------------------------------------------------------------------------
5) OPERATOR SYSTEMS
---------------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
---------------------------------------------------------------------------------------------------------------
A,C,D,R OS Serving FUNCTIONALLY Operator O+
area (NPA- INCLUSIVE Services O-
NXX, LATA, Busy Line
State, Rate Verification
center) (BLV)
Emergency Line
Interrupt
(XXX)
911 overflow
---------------------------------------------------------------------------------------------------------------
Directory Service 411
Assistance Area 555-1212
Customer
---------------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
6) COMMON TRANSPORT
--------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
--------------------------------------------------------------------------------------------------------
A,C,D,R CT Serving CONTIGUOUS
area (NPA-
NXX, LATA,
State, Rate FUNCTIONALLY
center) INCLUSIVE
7) DEDICATED TRANSPORT
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
--------------------------------------------------------------------------------------------------------
A,C,D,R DT Location CONTIGUOUS Facility DS0 No DCS Routing
CLLI name Avoidance
CLFI D4 Channel
CLLI/POT Bank A/D Conversion
DCS 1/0 Multiplexing/
De-multiplexing
Format
conversion
Signal conversion
Performance
monitoring
SONET to
Asynch.
--------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
--------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
--------------------------------------------------------------------------------------------------------
gateway
Broadcasting
Mapping
--------------------------------------------------------------------------------------------------------
DS1 No DCS Signal format
(e.g. B8ZS,
AMI)
Framing format
(e.g. ESF, D4,
unframed)
DSX Multiplexing/
DCS 1/0 Demultiplexing
DCS 3/1 Format
conversion
Signal
conversion
Performance
monitoring
SONET to
Asynch.
gateway
Broadcasting
Mapping
--------------------------------------------------------------------------------------------------------
DS3 No DCS Secure Interface
Framing format
(e.g. C-bit
--------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
--------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(one of) connection connection (one of) (one of)
Location Specific
--------------------------------------------------------------------------------------------------------
parity,
M13,
unframed)
DSX
DCS 3/1 Multiplexing/
DCS 3/3 Demultiplexing
Format
conversion
Signal
conversion
Performance
monitoring
SONET to
Asynch.
gateway
Broadcasting
Mapping
--------------------------------------------------------------------------------------------------------
VT1.5
--------------------------------------------------------------------------------------------------------
STSn LGX
--------------------------------------------------------------------------------------------------------
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8) SIGNAL TRANSFER POINTS
--------------------------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(One of) connection connection (one of) (one of)
Location Specific
--------------------------------------------------------------------------------------------------------------------------
A,C,D,R SS Serving CONTIGUOUS STP CLLI A-link DS0
area (NPA- (pair) interface DS1
NXX, LATA, (pair)
State, Rate FUNCTIONALLY
center) INCLUSIVE
CLLI/POT ROUTING
--------------------------------------------------------------------------------------------------------------------------
D-link DS0
interface DS1
(quad)
-------------------------------------------------------------------------------------------------------------------------
9) SIGNALING LINK TRANSPORT
--------------------------------------------------------------------------------------------------------------------------
Activity Type Inter- Inter- Element ID Object Option Characteristics
(One of) connection connection (one of) (one of)
Location Specific
--------------------------------------------------------------------------------------------------------------------------
A,C,D,R SL Location CONTIGUOUS Facility Pair DS0
CLLI name DS1
Circuit ID
CLLI/POT
--------------------------------------------------------------------------------------------------------------------------
Quad DS0
DS1
-------------------------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
10) SCPs/DATABASES
Activity Interconnection Interconnection Object Option
(one of) Type Location Specific Element ID (one of) (one of) Characteristics
----------------------------------------------------------------------------------------------------------------------
A, C, D, R, DB Serving area FUNCTIONALLY LNP Serving NPA-NXX
(NPA-NXX, LATA, INCLUSIVE Area LATA
State, Rate Region
Center, region),
Customer
----------------------------------------------------------------------------------------------------------------------
WTN LIDB Serving NPA-NXX
Area VNS
Customer Calling Card
----------------------------------------------------------------------------------------------------------------------
Toll Free Serving NPA-NXX
(800) Area
----------------------------------------------------------------------------------------------------------------------
WTN E911 Serving NPA-NXX
(ALI/DMS) Area Rate Center
Customer Region
Customer
Address, etc.
----------------------------------------------------------------------------------------------------------------------
WTN AIN Customer WTN
Dialing
sequence
----------------------------------------------------------------------------------------------------------------------
SCE/SMS/SCP AIN Subscribed
Access Triggers Office-based
(e.g. Off-hook)
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UNBUNDLED NETWORK ELEMENT PROVISIONING CATEGORIES
1) TANDEM SWITCHING
Activity Interconnection Interconnection Object Option
(one of) Type Location Specific Element ID (one of) (one of) Characteristics
----------------------------------------------------------------------------------------------------------------------
A, C, D, R, TS Serving area FUNCTIONALLY Switch Network XX0 Xxx-xxx
(NPA-NXX, LATA, INCLUSIVE CLLI Trunk MF Two-way
State, Rate ROUTING Routing
center) Screening
TSG
Location
CLLI
----------------------------------------------------------------------------------------------------------------------
Routing Operator
Services
Directory
Assistance
Messaging
----------------------------------------------------------------------------------------------------------------------
LNP RIPH Overflow
Primary
----------------------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
Example 1
PURPOSE OF ORDER: Modify Dedicated transport order, Customer PBX to CLEC 4ESS
ORDER A ORDER ACTIVITY MODIFY __X__ CANCEL ____ EXPEDITE___ SUSPEND___
ACTIVITY: DESCRIPTION: RESTORE_____
SEQUENCE ____ COORDINATED ____ ASSOCIATED ORDER(S):
------------------------------------------------------------------------------------------------
TYPE E - DT
ELEMENT/COMB:
----------------------------------------------------------------------------
INTERCONNECTION FROM: [CUSTOMER prem CLLI] TO: [CLEC CFA T3 slot]
LOCATION:
----------------------------------------------------------------------------
INTERCONNECTION CONTIGUOUS
SPECIFIC:
------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/96 DUE DATE DETAILS:
DATE:
------------------------------------------------------------------------------------------------
REMARKS: Order modified to reflect different CFA assignment
------------------------------------------------------------------------------------------------
ELEMENT/COMBINATION: DT - Dedicated
Transport
--------------------------------------
ELEMENT ID: [XXX will return facility
name, CFL]
OBJECT: DS1
--------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
QTY/CAPACITY: 1
--------------------------------------
OPTION: Framing D4
--------------------------------------
CHARACTERIStICS: Signal: B8ZS
--------------------------------------
FEATURES:
--------------------------------------
Example 2
PURPOSE OF ORDER: Route PBX customer's traffic from end-office to PBX trunk
group to end-office to 4ESS trunk group in support of LNP
ORDER C ORDER ACTIVITY MODIFY _____ CANCEL ____ EXPEDITE___ SUSPEND___
ACTIVITY: DESCRIPTION: RESTORE_____
SEQUENCE ____ COORDINATED _X___ ASSOCIATED ORDER(S):
------------------------------------------------------------------------------------------------
TYPE E - LS
ELEMENT/COMB:
----------------------------------------------------------------------------
INTERCONNECTION FROM: [LEC Switch CLLI] TO: [LEC-Switch-to-CLEC-4ESS TSG
LOCATION: designation]
----------------------------------------------------------------------------
INTERCONNECTION ROUTING
SPECIFIC:
------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/99 DUE DATE DETAILS: Activate routing in coordination with CLEC contact
DATE:
------------------------------------------------------------------------------------------------
REMARKS:
------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
--------------------------------------------------------------------------------
ELEMENT/COMBINATION: LS-Local
Switching
------------------------------------
ELEMENT ID: [LEC Switch CLLI]
------------------------------------
OBJECT: LNP
------------------------------------
QTY/CAPACITY: N/A
------------------------------------
OPTION: RIPH (Route Index
Portability Hub)
------------------------------------
CHARACTERISTICS: [Ported Numbers]
Number of call
paths: max
------------------------------------
FEATURES:
------------------------------------
Example 3
PURPOSE OF ORDER: Suspend Local Switching functionality
--------------------------------------------------------------------------------
ORDER C ORDER ACTIVITY MODIFY___ CANCEL___ EXPEDITE___ SUSPEND___X___
ACTIVITY: DESCRIPTION: RESTORE___
SEQUENCE___ COORDINATED___ ASSOCIATED ORDER(S):
--------------------------------------------------------------------------------
TYPE E-LS
ELEMENT/COMB:
-------------------------------------------------------------------
INTERCONNECTION INCLUSIVE: [LEC Switch CLLI]
LOCATION:
-------------------------------------------------------------------
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----------------------------------------------------------
----------------------------------------------------------
INTERCONNECTION FUNCTIONALLY INCLUSIVE
SPECIFIC:
--------------------------------------------------------------------------------
DESIRED DUE NOW DUE DATE DETAILS:
DATE:
--------------------------------------------------------------------------------
REMARKS: Suspend all functionality except
access to E911
--------------------------------------------------------------------------------
ELEMENT/COMBINATION: LS-Local
Switching
------------------------------------
ELEMENT ID: WTN
------------------------------------
OBJECT: Line
------------------------------------
QTY/CAPACITY: 1
------------------------------------
OPTION: POTS
------------------------------------
CHARACTERISTICS:
------------------------------------
FEATURES:
------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
---------------------------------------------
Example 4
PURPOSE OF ORDER: Add LEC signaling access/capability to CLEC Switch
--------------------------------------------------------------------------------
ORDER A ORDER ACTIVITY MODIFY___ CANCEL___ EXPEDITE___ SUSPEND _____
ACTIVITY: DESCRIPTION: RESTORE___
SEQUENCE___ COORDINATED X ASSOCIATED ORDER(S):
--------------------------------------------------------------------------------
TYPE E-SS
ELEMENT/COMB:
-------------------------------------------------------------------
INTERCONNECTION INCLUSIVE: [Rate Center] FROM: [STP CLLI Pair]
LOCATION: TO: [CLEC POP CLLI
and DSX tie down]
TO: [CLEC POP CLLI
and DSX tie down]
-------------------------------------------------------------------
INTERCONNECTION CONTIGUOUS, FUNCTIONALLY INCLUSIVE,
SPECIFIC: ROUTING
--------------------------------------------------------------------------------
DESIRED DUE 11/3/96 DUE DATE DETAILS: Turn up signaling network in
DATE: coordination with CLEC contact
--------------------------------------------------------------------------------
REMARKS:
--------------------------------------------------------------------------------
ELEMENT/COMBINATION: SS-Signal
Transfer Points
------------------------------------
ELEMENT ID: [STP CLLI pair]
------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
----------------------------------------------------------
-------------------------------------------
[Circuit ID's for links]
-------------------------------------------
OBJECT: A-link
-------------------------------------------
QTY/CAPACITY: 2 (pair)
-------------------------------------------
OPTION: DS0
-------------------------------------------
CHARACTERISTICS:
-------------------------------------------
FEATURES:
-------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
Example 5
PURPOSE OF ORDER: Update ALI/DMS (E911) database with new customer information
--------------------------------------------------------------------------------
ORDER C ORDER ACTIVITY MODIFY CANCEL EXPEDITE
ACTIVITY: DESCRIPTION: ----- ----- ------
SUSPEND RESTORE
----- -----
SEQUENCE COORDINATED X
----- -----
ASSOCIATED ORDER(S):
--------------------------------------------------------------------------------
TYPE E-DB
ELEMENT/COMB:
----------------------------------------------------------------
INTERCONNECTION Inclusive: (Rate Center served by
LOCATION: ALI/DMS database)
----------------------------------------------------------------
INTERCONNECTION FUNCTIONALLY INCLUSIVE
SPECIFIC:
--------------------------------------------------------------------------------
DESIRED DUE 11/03/96 DUE DATE DETAILS Activate new database entry in
DATE: coordination with CLEC contact
--------------------------------------------------------------------------------
REMARKS:
--------------------------------------------------------------------------------
ELEMENT/COMBINATION: DB -
SCPs/Database
-----------------------------
ELEMENT ID: WTN
-----------------------------
OBJECT: E911 (ALI/DMS)
-----------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
---------------------------------------------
-----------------------------------------
QTY/CAPACITY: 1
-----------------------------------------
OPTION: Customer
-----------------------------------------
CHARACTERISTICS: [New customer-specific
information]
-----------------------------------------
FEATURES:
-----------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
---------------------------------------------
EXAMPLE 6
PURPOSE OF ORDER: Disconnect Local Switching
-----------------------------------------------------------------------------------------------------------
ORDER D ORDER ACTIVITY MODIFY CANCEL EXPEDITE SUSPEND
ACTIVITY: DESCRIPTION ----- ----- ----- -----
RESTORE
-----
SEQUENCE COORDINATED X ASSOCIATED ORDER(S):
----- -------
-----------------------------------------------------------------------------------------------------------
TYPE E-DB
ELEMENT/COMB:
-----------------------------------------------------------------------------
INTERCONNECTION INCLUSIVE [LEC Switch CLLI]
LOCATION:
-----------------------------------------------------------------------------
INTERCONNECTION FUNCTIONALLY INCLUSIVE
SPECIFIC
----------------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/96 DUE DATE DETAILS: Disconnect in coordination with CLEC contact
DATE:
-----------------------------------------------------------------------------------------------------------
REMARKS:
-----------------------------------------------------------------------------------------------------------
ELEMENT/COMBINATION: LS-Local
SWITCHING
-------------------------------
ELEMENT ID: WTN
-------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
---------------------------------------------
-----------------------------------------
OBJECT: Line
-----------------------------------------
QTY/CAPACITY: 1
-----------------------------------------
OPTION: POTS
-----------------------------------------
CHARACTERISTICS:
-----------------------------------------
FEATURES:
-----------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
I.
Example 2
PURPOSE OF ORDER: LOOP and Switching Combination
-------------------------------------------------------------------------------------------------------
ORDER A ORDER ACTIVITY MODIFY ____ CANCEL ____ EXPEDITE ____ SUSPEND ____
ACTIVITY: DESCRIPTION: RESTORE ____
SEQUENCE ____ COORDINATED __X__ ASSOCIATED ORDER(S):
-------------------------------------------------------------------------------------------------------
TYPE C - LOOP/LS
ELEMENT/COMB:
-----------------------------------------------------------------------------------
INTERCONNECTION FROM: [Customer prem] TO: [LSO CLLI, CLEC IDF frame tie down]
LOCATION:
-----------------------------------------------------------------------------------
INTERCONNECTION CONTIGUOUS, ROUTING
SPECIFIC:
-------------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/9 DUE DATE Swing loop and activate remote call forward simultaneously
DATE: 6 DETAILS:
-------------------------------------------------------------------------------------------------------
REMARKS:
-------------------------------------------------------------------------------------------------------
ELEMENT/COMBINATION: LOOP - Loop ELEMENT/COMBINATION: LS - Local
Switching
----------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
-----------------------------------------------------------------------------------------------------
ELEMENT ID: [LEC will return loop ID] ELEMENT ID: [LEC Switch CLLI]
-----------------------------------------------------------------------------------------------------
OBJECT: Analog OBJECT: LNP
-----------------------------------------------------------------------------------------------------
QTY/CAPACITY: 1 QTY/CAPACITY: N/A
-----------------------------------------------------------------------------------------------------
OPTION: 2-wire OPTION: RCF
-----------------------------------------------------------------------------------------------------
CHARACTERISTICS: Interface: Analog CHARACTERISTICS: [Shadow number]
number of call paths: 2
-----------------------------------------------------------------------------------------------------
FEATURES: FEATURES:
-----------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
Example 3
PURPOSE OF ORDER: Local Switching Condition Combination
------------------------------------------------------------------------------------------------------------------------------------
ORDER A ORDER ACTIVITY MODIFY _______ CANCEL _______ EXPEDITE _______ SUSPEND _______
ACTIVITY: DESCRIPTION: RESTORE _______
SEQUENCE ________ COORDINATED ________ ASSOCIATED ORDER(S):
------------------------------------------------------------------------------------------------------------------------------------
TYPE C - LS/CT/SS/DB/TS
ELEMENT/COMB:
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION INCLUSIVE: [NPA]
LOCATION:
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION FUNCTIONALLY INCLUSIVE
SPECIFIC:
------------------------------------------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/96 DUE DATE DETAILS:
DATE:
------------------------------------------------------------------------------------------------------------------------------------
REMARKS: Prepare NPA for CLEC use of all Local Switching, Common Transport,
Signaling, Database and Tandem Switching elements.
Return CLEC Line Class Codes for all switches
------------------------------------------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
Example 4
PURPOSE OF ORDER: Toll Traffic Combination 1 - Add toll trunking and transport between LEC end office and CLEC Switch
------------------------------------------------------------------------------------------------------------------------------------
ORDER A ORDER ACTIVITY MODIFY _______ CANCEL _______ EXPEDITE _______ SUSPEND _______
ACTIVITY: DESCRIPTION: RESTORE _______
SEQUENCE ________ COORDINATED ___X____ ASSOCIATED ORDER(S):
------------------------------------------------------------------------------------------------------------------------------------
TYPE C - DT/LS
ELEMENT/COMB:
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION FROM: [LEC Switch CLLI] TO: [CFA T3 slot]
LOCATION:
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION CONTIGUOUS, FUNCTIONALLY INCLUSIVE, ROUTING
SPECIFIC:
------------------------------------------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/96 DUE DATE DETAILS: Do not activate routing until notified by CLEC contact
DATE:
------------------------------------------------------------------------------------------------------------------------------------
REMARKS:
------------------------------------------------------------------------------------------------------------------------------------
ELEMENT/COMBINATION: DT - Dedicated ELEMENT/COMBINATION: LS - Local
Transport Switching
--------------------------------------------------------------------------------------
ELEMENT ID: [LEC will return facility ELEMENT ID: [LEC will return TSG
name, CLFI] designation]
--------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
-----------------------------------------------------------------------------------------------------
OBJECT: DS1 OBJECT: Network Trunk
-----------------------------------------------------------------------------------------------------
QTY/CAPACITY: 1 QTY/CAPACITY: 24
-----------------------------------------------------------------------------------------------------
OPTION: Framing: ESF OPTION: SS7
-----------------------------------------------------------------------------------------------------
CHARACTERISTICS: Signal: B8ZS CHARACTERISTICS: Two-way
[Screening]
[TSG characteristics]
[Routing]
-----------------------------------------------------------------------------------------------------
FEATURES: FEATURES:
-----------------------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
Example 5
PURPOSE OF ORDER: Cancel order to Add trunking and transport between LEC end-office and CLEC OSPS Switch
------------------------------------------------------------------------------------------------------------------------------------
ORDER A ORDER ACTIVITY MODIFY _______ CANCEL ___X___ EXPEDITE _______ SUSPEND _______
ACTIVITY: DESCRIPTION: RESTORE _______
SEQUENCE ________ COORDINATED ________ ASSOCIATED ORDER(S):
------------------------------------------------------------------------------------------------------------------------------------
TYPE C - DT/LS
ELEMENT/COMB:
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION FROM: [LEC Switch CLLI] TO: [CLEC POP CLLI and DSX tie down]
LOCATION:
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION CONTIGUOUS, FUNCTIONALLY INCLUSIVE
SPECIFIC:
------------------------------------------------------------------------------------------------------------------------------------
DESIRED DUE 11/03/96 DUE DATE DETAILS:
DATE:
------------------------------------------------------------------------------------------------------------------------------------
REMARKS:
------------------------------------------------------------------------------------------------------------------------------------
ELEMENT/COMBINATION: DT - Dedicated ELEMENT/COMBINATION: LS - Local
Transport Switching
--------------------------------------------------------------------------------------
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UNBUNDLED NETWORK ELEMENT PROVISIONING FORMAT
-----------------------------------------------------------------------------------------------------
ELEMENT ID: [LEC will return facility ELEMENT ID: [LEC will return TSG
name, CLFI] designation]
-----------------------------------------------------------------------------------------------------
OBJECT: DS1 OBJECT: Network Trunk
-----------------------------------------------------------------------------------------------------
QTY/CAPACITY: 2 QTY/CAPACITY: 48
-----------------------------------------------------------------------------------------------------
OPTION: Framing: D4 OPTION: SS7
-----------------------------------------------------------------------------------------------------
CHARACTERISTICS: Signal: B8ZS CHARACTERISTICS: One-way (out from LEC switch)
[Screening]
[TSG characteristics]
-----------------------------------------------------------------------------------------------------
FEATURES: FEATURES:
-----------------------------------------------------------------------------------------------------
176
Attachment 11
Appendix C
Page 1
PRINCIPALS FOR IMPLEMENTING ELECTRONIC INTERFACES
FOR OPERATIONAL SUPPORT SYSTEMS
1. PREORDERING
1.1 Transaction-Based Information Exchange
The Parties agree that preordering information exchange will be transmitted over
the same interface according to the same content definition both for resold
PACIFIC services provided using UNE.
1.2 Initial Systems
CLEC will utilize various manual methods of preordering information exchange.
1.3 Long Term Systems
As soon as possible after the effective date and no later than the "Detailed
Specifications Agreed To Date" as set forth in Exhibit 1, CLEC and PACIFIC will
use their best efforts to agree to detailed specifications for upgrading the
transaction based preordering information exchange mechanism according to the
CLEC proposed data model for preordering which is based on Telecommunications
Industry Forum (TCIF) for Electronic Data Interchange (EDI), Version 6. Unless
PACIFIC and CLEC agree to an alternative exchange mechanism by February 10,
1997, the specifications will require that EC-Lite/EDI formatted content be
transmitted over a mutually agreeable X.25 or TCP/IP based network to perform
inquiries, including inquiries for Switch/Feature Availability, Address
Verification, Telephone Number Assignment, Appointment Scheduling, and Customer
Service Record requests. When the "Detailed Specifications Agreed To Date" is
met, and no additional specifications or changes are required by law, PACIFIC
will implement this upgrade by the applicable "Start Date" specified in Exhibit
1.
CLEC and PACIFIC will translate preordering data elements used in their internal
processes into the agreed upon forms, and EDI.
1.4 Batch Data Exchange
Unless another mutually agreed to alternative exists between PACIFIC and CLEC,
CLEC will use two types of orders, the Infrastructure Provisioning order and
Customer Specific Provisioning order, to establish local service capabilities
based on a UNE architecture. The Infrastructure Footprint Form and associated
177
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Appendix C
Page 2
ASR forms (Local Switching, Interoffice Transport, Signaling and Database,
Operator Services and DA, and Operations Systems). CLEC will provide these
Infrastructure Provisioning and ASR forms via the ASR process, including passing
the information over a file transfer network, (e.g. Network Data Mover Network)
using the CONNECT: Direct file transfer product.
Customer Specific provisioning will be based on OBF LSR forms and applicable
SOSC interpretations of transactions in accordance with OBF forms. PACIFIC and
CLEC agree to adapt interfaces based on evolving ATIS/OBF and SOSC standards.
2. ORDERING AND PROVISIONING
2.1 CLEC Resells PACIFIC Telecommunications Service(s)
The exchange of information relating to the ordering and provisioning of local
service, when CLEC is the customer of record for the resold service(s), will be
based on the most current industry order formats and data elements developed in
the Ordering and Billing Forum (OBF).
2.1.1 Initial Systems
Except as provided in Exhibit 1. PACIFIC will provide CLEC, on or before the
Effective Date, with an electronic interface known as Resale Mechanized
Interface (RMI) for transmitting and receiving Service Requests and related
information such as Firm Order Confirmations (FOC, Jeopardies, Rejects, and
Completions). CLEC and PACIFIC will translate necessary data elements used in
their internal processes into mutually agreeable file formats and record
layouts. CLEC and PACIFIC will develop a mutually agreeable schedule for
transmissions throughout the day suing the CONNECT: Direct protocol.
For the ordering of products not supported by RMI, PACIFIC will provide CLEC
with other technologies mutually agreed to by the Parties.
2.1.2 Long Term Systems
As soon as possible after the Effective Date and no later than the "Details
Specifications Agreed to Date" as set forth in Exhibit 1, CLEC and PACIFIC will
use their best efforts to agree to detailed specifications for upgrading the
ordering information exchange mechanism according to the Telecommunications
Industry Forum (TCIF) for Electronic Data Interchange (EDI) CLEC and PACIFIC
mutually agree that the information exchange will be forms based, including the
use of the Local Services Request (LSR) Form, the End User Information Form and
the Resale Information Form developed by the OBF. CLEC and PACIFIC
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Appendix C
Page 3
will use a mutually agreeable X.25 or TCP/IP based transport network for
exchange of transactions. CLEC and PACIFIC will translate ordering and
provisioning requests originating in their internal processes into agreed upon
forms and EDI transactions. Provided that the "Detailed Specifications Agreed To
Date" is met and no additional specifications or changes in specifications are
required by law, PACIFIC will use its best efforts to implement this upgrade by
the applicable "Start Date" specified in Exhibit 1.
2.2 CLEC Provides Service Using PACIFIC Unbundled Network Elements
2.2.1 Ordering Process and Forms
CLEC and PACIFIC will use two types of orders, an Infrastructure Provisioning
order and a Customer Specific Provisioning order to order and provision Network
Elements and Combinations.
The Infrastructure Provisioning Footprint order notifies PACIFIC of the common
use (across CLEC Retail Customers) Network Elements and Combinations that CLEC
will require, and identifies the geographic area CLEC expects to serve through
the Network Elements and Combinations ordered. PACIFIC and CLEC will mutually
agree on necessary modifications to the existing ordering process and forms used
for Exchange Access products until the OBF has adopted an acceptable alternative
method. In addition PACIFIC will accept a modified version of the Translation
Questionnaire (TQ) Form adopted by the OBF. The modified TQ will be sent to
PACIFIC, and PACIFIC will modify the routing tables for its end offices to
accommodate the treatment of customer calling associated with the combination of
Network Elements and Combinations that CLEC is employing to deliver service.
CLEC will provide the Infrastructure Footprint Order and all associated ASR
forms. PACIFIC will accept delivery of the Infrastructure Provisioning Forms
through the ASR process.
The customer specific provisioning order will be based upon OBF LSR Forms.
PACIFIC agrees that the information exchange will be forms based using the Local
Service Request Form, End User Information Form, Loop Element Form (formerly
Loop Service form), and Switch Element Form (formerly Port Form) developed by
the OBF. Such customer specific elements include, but are no limited to, the
customer loop, the network interface device, the customer dedicated portion of
the local switch, and any combination thereof.
2.2.2. Initial Systems
PACIFIC will provide CLEC, on the schedule specified in Exhibit 1 attached
hereto, with an Electronic Interface known as the Network Data Mover (NDM) for
transmitting and receiving Service Requests and related information such as
179
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Appendix C
Page 4
Firm Order Completions (FOC), Jeopardies, Rejects, and Completions. CLEC and
PACIFIC will translate necessary data elements used in their internal processes
into mutually agreeable file formats and record layouts. CLEC and PACIFIC will
develop a mutually agreeable schedule for transmissions throughout the day using
the CONNECT: Direct protocol.
2.2.3 Long Term Systems
As soon as possible after the Effective Date and in no event after the "Detailed
Specifications Agreed To Date" as set forth in Exhibit 1 attached hereto. CLEC
and PACIFIC will use their best efforts to agree to detailed specifications for
upgrading the ordering information exchange mechanism according to the
Telecommunications Industry Forum (TCIF) for Electronic Data Interchange (EDI)
for the Customer Specific Provisioning orders. The information exchange will be
forms based. CLEC and PACIFIC will use a mutually agreeable X.25 or TCP/IP based
transport network for exchange of transactions. CLEC and PACIFIC will translate
ordering and provisioning requests originating in their internal processes into
the agreed upon forms and EDI transactions. Provided that the "Detailed
Specification Agreed To Date" is met and no additional specifications or changes
in specifications are required by law, PACIFIC will use its best efforts to
implement this upgrade by the applicable "Start Date" specified on Exhibit 1
attached hereto.
3. TESTING AND ACCEPTANCE
CLEC and PACIFIC agree that no interface will be represented as either generally
available or as operational until end-to-end functionality testing, as agreed to
in a Joint Implementation Agreement or other mutually acceptable document are
completed to the satisfaction of both Parties. The intent of the end-to-end
functionality testing is to establish, through the submission and processing of
test scenarios, that transactions agreed to by CLEC and PACIFIC will
successfully process, in a timely and accurate manner, through both Parties'
support of OSS as well as the interfaces. CLEC will provide load forecasts by
transaction type. PACIFIC will provide documentation to assure ability to handle
forecasted load, such as system simulation models. The testing will include the
use of mutually agreeable test transactions, designed to represent no less than
95 percent of the transaction types that CLEC expects to send and receive
through the Interface undergoing end-to-end testing. In addition, CLEC and
PACIFIC will establish either a mutually agreeable testing environment or an
audit process sufficient to demonstrate that the interfaces established between
CLEC and PACIFIC have the capability and capacity to exchange busy period
transaction volumes reasonably projected to occur during the forward-looking
twelve month period following implementation of the interface. The test
environment or audit process, whichever is utilized, must validate that PACIFIC
180
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Appendix C
Page 5
can accept and process the anticipated busy period loan without degradation of
overall end-to-end performance of the information exchange delivered to CLEC
even when other CLEC transactions are simultaneously processed by PACIFIC.
Before testing begins, the Parties will mutually agree upon testing entrance
and exit criteria.
4. JOINT IMPLEMENTATION AGREEMENT DEVELOPMENT
CLEC and PACIFIC recognize that this Attachment is not sufficient to fully
resolve all technical and operational details related to the interfaces
described. Therefore, CLEC and PACIFIC agree to document the additional
technical and operational details in the form of a Joint Implementation
Agreement (JIA). The JIAs for each interface will become a legally binding
addendum to this Attachment. These JIAs may be modified over the course of this
Agreement without subjecting the balance of the Agreement to renegotiation or
modification. Both Parties further agree that any technical, operational or
implementation issues, once identified at the working team level, may be
escalated by the initiative of either Party thirty (30) days after an issue is
identified if no plan for resolution has been agreed. The escalation will
process first to the senior management of each company who will seek to resolve
the issue. If an issue is not resolved within thirty (30) days following
receipt of the issue by senior management, either Party may submit the issue to
the dispute resolution procedures of Attachment 3 for binding resolution. In
addition, CLEC and PACIFIC will document both a topical outline for the JIAs as
well as establish a schedule for identifying, discussing, resolving and
documenting resolution of issues related to each aspect of the JIA topical
outline for each interface discussed in this document. In no case, will either
end-to-end integrity testing or loan testing begin without both Parties
mutually agreeing that each interface JIA documents the intended operation of
the interface scheduled for testing. Any issues identified and subsequently
resolved through either the end-to-end integrity or load testing processes will
be incorporated into the impacted interface JIA within thirty (30) days of
issue resolution.
181
Attachment 11
Appendix C, Exhibit 1
Page 1
OPERATION SUPPORT SYSTEMS IMPLEMENTATION DATES
PROCESS INITIAL SYSTEMS START DATE
------- --------------- ----------
ORDERING:
Total Service Resale:
Residence Basic RMI/NDM currently available
"As is" RMI/NDM (flowthru)* 5/31/97
"As Specified" RMI/NDM (flowthru)* 5/31/97
Changes, Disconnects, RMI/NDM (flowthru)* 8/15/97
New, Move RMI/NDM (flowthru)* 8/15/97
Business - S/M Line, PBX trunk RMI/NDM* current available
Centrex and ISDN RMI/NDM* 7/10/97++
Directory - stand alone order RMI/NDM* current available
Directory - with Resale order** RMI/NDM 3/31/97
E911 - stand alone order NENA current available
E911 - with Resale order RMI/NDM 3/31/97
NOTE: Product implementation dates include Directory and E911
*NOTE: NDM (CONNECT: Direct) based on locally agreed upon specifications
**NOTE: CLEC will make appropriate parsing changes
++based upon agreement to detailed specifications by 4/10/97
Network Elements
-customer Specific:
local loop NDM 90 days after agreed to
unbundled local switching, standard for each
combined unbundled local unbundled network
switching and local loop. element
-"Footprint" ASR/NDM 90 days after agreed
upon standard
182
Attachment 11
Appendix C, Exhibit 1
Page 2
OPERATION SUPPORT SYSTEMS IMPLEMENTATION DATES
DETAILED
SPECIFICATION
LONG TERM AGREED
PROCESS SYSTEM TO DATE START DATE
------- --------- ------------- ----------
ORDERING:
Total Service Resale:
Residence Basic: "As Is: EDI 2/10/97 6/10/97
"As Specified", Changes EDI 2/10/97 6/10/97
Disconnects, New, Move EDI 2/10/97 6/10/97
Business: S/M Line, PBX trunk EDI 2/10/97 6/10/97
Business: Centrex and ISDN EDI 6/10/97 12/10/97
Directory - stand alone order EDI 2/10/97 6/10/97
E911 - stand alone order NENA currently available currently available
NOTE: Product implementation dates include Directory and E911
NETWORK ELEMENTS
-Customer Specific: local loop EDI 2/10/97 10/10/97
unbundled local switching,
combined unbundled local
switching and local loop
-"Footprint" ASR/NDM 2/10/97 6/10/97
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Appendix C, Exhibit 1
Page 3
OPERATION SUPPORT SYSTEMS IMPLEMENTATION DATES
DETAILED
SPECIFICATION
LONG TERM AGREED
PROCESS SYSTEM TO DATE START DATE
------- --------- ------------- ----------
PRE-ORDERING (ALL RESALE AND NETWORK ELEMENTS)
Feature Availability EDI 2/10/97 8/10/97
RACF Nbr. EDI 2/10/97 8/10/97
CICs EDI 2/10/97 8/10/97
Address Verify EDI 2/10/97 8/10/97
Telephone Number Assign
1-5 Basic Exchange EDI 4/10/97 10/10/97
Single Line ISDN EDI 4/10/97 10/10/97
1-5 COPT Lines EDI 4/10/97 10/10/97
All Other Products EDI 10/10/97 4/10/98
CSRs EDI 4/10/97 2/10/98
Appointments Scheduling EDI 6/10/97 12/10/97
(New connects, basic exchange,
connects basic local loop)
Centrex Facility Availability EDI 6/10/97 12/10/97
Connected Facility Availability EDI 2/10/97 8/10/97
(for basic resale or basic loop)
DID Service Inquiry EDI 2/10/97 8/10/97
184
Attachment 11 - Appendix D
Page 1 of 12
JOINT IMPLEMENTATION AGREEMENT (JIA)
EDI ORDERING - NUMBER PORTABILITY
TABLE OF CONTENTS
1. INTRODUCTION
1.1 Executive Summary ................................................ 3
1.2 Introduction ..................................................... 3
2. PURPOSE
2.1 Purpose .......................................................... 3
2.2 Scope ............................................................ 4
2.3 Term of the JIA .................................................. 4
3. TERMS AND CONDITIONS
3.1 General Terms .................................................... 4
3.2 CLEC Notifications ............................................... 5
3.3 Intercompany Contacts ........................................... 5
3.4 Interface Control Document ....................................... 5
3.5 Interface Testing ............................................... 6
3.6 Change Control Type Process ...................................... 6
3.7 Change Types ..................................................... 6
3.8 Implementation Scheduling ....................................... 7
4. OSS DISPUTE RESOLUTION .................................................. 9
5. SCHEDULE ................................................................ 10
6. AUTHORIZED SIGNATURES ................................................... 11
185
1. INTRODUCTION
1.1 EXECUTIVE SUMMARY
SECTION TOPIC CONTENTS
1 Introduction Identifies the document content.
2 Purpose Documents the purpose and objectives of the JIA as addendum to
the Interconnection Agreement. Identifies scope of this JIA
relative to ordering and/or pre-ordering application-to-applic-
ation interfaces identified in Section 2.2. Identifies the
technical and operational Interface Control Documents that
the parties use to implement and maintain these interfaces.
3 Terms Outlines the terms and conditions of the JIA.
4 OSS Dispute Resolution Defines how disputes will be resolved.
5 Implementation Schedule Outlines a schedule for developing interface functionality.
6 Authorized Signatures Signatures of parties who agree to terms and conditions of
this document.
1.2 INTRODUCTION
1.2.1 This document establishes fundamental principles and actions for OSS
interface implementation and maintenance between Pacific Xxxx (hereafter
known as "Pacific") and CRL Network Services ("CLEC").
1.2.2 Pacific and CLEC agree to jointly test and implement the interfaces
that are outlined in Section 2.2. Scope, pursuant to the terms and
conditions of the Interconnection Agreement between CLEC and Pacific dated
December 19, 1996. Pacific will present project plans to CLEC specifying the
technical, operational and other details regarding each such OSS interface
and the timelines for testing and implementation thereof. CLEC shall have
the opportunity to comment and make recommendations related to each such OSS
interface and Pacific shall fully consider such comments and recommendations
and respond to CLEC in a timely manner. If the parties cannot reach
agreement regarding such OSS interface, the OSS Dispute Resolution process
set forth in Section 4 hereof shall apply. In the event of any disagreement
between the provisions of the Interconnection Agreement regarding OSS and
this JIA, the terms of this Interconnection Agreement shall control.
186
2. PURPOSE
2.1 PURPOSE AND OBJECTIVE
2.1.1 The purpose of this JIA is to document the principles guiding the
technical and operational work efforts between Pacific and CLEC relative
to the implementation of OSS interfaces referenced in the Interconnection
Agreement and identified in Section 2.2, Scope.
2.1.2 An objective of this JIA is to document the guidelines for
implementation and usage of the electronic interfaces under the terms of
the Interconnection Agreement. To achieve this objective, the parties will
use the documentation and processes referenced in this JIA and focus work
efforts on issues that increase the effectiveness of mechanized interfaces.
2.1.3 This JIA is entered in accordance with Attachment 11 of the
Pacific/CRL Network Services Interconnection Agreement.
2.1.4 To achieve the purpose and objective, the JIA establishes a basis
for work efforts and outlines the responsibilities of the parties. An
important part of this is the Change Control Process. This process is
established for the parties to manage modifications to the interfaces
subject to applicable guidelines developed within the Ordering and Billing
Forum (OBF) and the Telecommunications Industry Forum (TCIF). This Change
Control Process also provides for an escalation process. Supporting
documentation for each interface is maintained separately, outside of this
JIA. Issues and corresponding resolutions will be documented in
correspondence.
2.2 SCOPE
This JIA pertains to the EDI ordering electronic application interface,
specific to Number Portability orders and the latest versions of the
associated interface control documents. A separate JIA will be executed
for the Directory Listings and 911 updates associated with these Orders;
CLEC will use the LI Office Gateways until EDI functionality is available,
tested and implemented.
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--------------------------------------------------------------------------------
INTERFACE INTERFACE CONTROL DESCRIPTION
DOCUMENT
--------------------------------------------------------------------------------
EDI - Ordering 1. LSOR 2.0 1. Local Service Order Request
version 1.3 contains business rules for
(5/11/98) ordering specific products based
on standards established by the
OBF.
2. EDI Technical 2. Contains administrative
Specification requirements and data specific
TCIF 3040 information showing which
(1/21/98) segments and elements will be
used. Included are mapping
matrices that identify fields
specific to Pacific. These fields
indicate how information will be
mapped in EDI. This
documentation is based on
standards developed by the OBF
and TCIF.
--------------------------------------------------------------------------------
2.3 TERM OF THE JIA
2.3.1 The JIA shall terminate and be of no further force or effect upon the
termination of Interconnection Agreement. Transition of the process
contained in this JIA to terms of a new interconnection agreement shall be
pursuant to Section 3 of the Main Agreement.
3.0 TERMS AND CONDITIONS
3.1 GENERAL TERMS
3.1.1 This JIA is adopted pursuant to the Interconnection Agreement and
serves as an addendum to the Interconnection Agreement. The following terms
serve as the basis for this document.
a) This document applies to the ordering and/or pre-ordering electronic
application to application interfaces identified in Section 2.2 above.
a) The document is based upon the Interconnection Agreement's terms
for ordering functions that support Number Portability.
b) Pacific and CLEC will work together in good faith to implement
interface functionality in the most effective manner possible.
Changes to be managed by the Change Control Process are those
with direct impact to the interface functionality. These changes
are:
1) releases finalized by OBF and TCIF, to the extent required by
the Interconnection Agreement.
2) Pacific Xxxx initiated system changes that directly affect
CLEC system requirements.
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3.2 CLEC NOTIFICATIONS
3.2.1 CLEC will receive written notification of a change as soon as
reasonably possible after Pacific decides to make the change. Pacific will
develop a timeline for development and distribution of documentation and
resulting implementation efforts. Should the timeline and/or the content
not be acceptable to CLEC, CLEC may escalate the issue for resolution. Any
disputes will be resolved pursuant to Section 4 hereof.
3.2.2 CLEC requests for changes within the scope of implementation will be
communicated in writing from CLEC to its appropriate single point of
contact. The Account Manager will provide CLEC a written assessment of the
request. After CLEC receives Pacific's assessment, the parties will
negotiate in good faith to reach an agreement. If no agreement is reached
within 30 days of receipt of the specifications, the dispute will be
resolved pursuant to Section 4 hereof.
3.3 INTERCOMPANY CONTACTS
The Pacific Account Management Team will serve as the Single Point of
Contact (SPOC) and coordinate all activities under the scope of this JIA
with CLEC's SPOC, as noted below. These individuals will manage the
exchange of information between the two companies.
PACIFIC SPOC: CLEC SPOC:
----------------------------- -------------------------------
Xxxxxx Xxxxx, Account Manager Xxx Xxxxx
370 Third Street, Room 716 President
Xxx Xxxxxxxxx, XX 00000 One Kearny Street, Suite 1450
Tel: 000 000-0000 Xxx Xxxxxxxxx, XX 00000
Tel: 000 000-0000
Fax: 000 000-0000
3.4 INTERFACE CONTROL DOCUMENT
3.4.1 The construction and execution of the interface implementation will
be fully documented by Pacific in an Interface Control Document. The
Interface Control Documents for the interfaces are listed in Section 2.2,
Scope.
3.4.2 Interface Control Documents (ICD) identified in Section 2.2, Scope,
serve to formalize the technical requirements and applicable business rules
of functionality that the interface provides.
3.4.3 Draft ICDs will be jointly reviewed and discussed. Once Pacific
issues the final ICD, Pacific will respond to written questions regarding
the ICDs. Any disputes regarding ICDs will be resolved pursuant to Section
4 hereof. Request for changes to the final ICD content will be handled via
the Change Control Process.
3.4.4 Once an ICD has been established and Pacific plans a modification or
new functionality for an Interface, the ICD will be revised and CLEC will
be notified as described above in Section 3.2. Any disputes regarding ICDs
will be resolved pursuant to Section 4 hereof. The modified ICD will be
accompanied by a summary of the changes and identified by the date of
issue.
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3.5 INTERFACE TESTING
3.5.1 Pacific and CLEC will perform interface testing as mutually agreed
in the Test Plan. The parties will conduct testing on a set of interface
functions for no longer than the interval specified in the Joint Testing
Plan, unless a longer interval is mutually agreed to by both parties.
Should the parties not agree whether a successful test was obtained
within the specified interval, any disputes will be resolved pursuant to
Section 4 hereof.
3.6 CHANGE CONTROL PROCESS
3.6.1 Changes to the interface that are subject to the OBF and TCIF
guidelines will be handled through the OBF and TCIF processes. Finalized
OBF and TCIF guidelines that require or provide opportunity to change
the interface will be managed as described in this JIA and the Change
Control Process flow detail in Section 3.6.6 below.
3.6.2 For all other changes, Pacific and CLEC SPOCs will serve as the
liaison to receive the request. These requests will be reviewed and
responded to by all parties based upon the guidelines established in
this JIA and the Change Control Process flow detail in Section 3.6.6
below. Any disputes will be resolved pursuant to Section 4 hereof.
3.6.3 At such time that a written change is determined to be
incorporated into the interface implementation, the appropriate ICDs
will be updated to reflect such change or the agreement will be
documented in correspondence. No verbal agreements or discussions will
be construed to be final until this step has been executed. Any disputes
will be resolved pursuant to Section 4 hereof.
3.6.4 Change documentation (e.g. revised system specifications, etc.)
will not be incorporated into the JIA but will be governed by it.
3.6.5 Section 3.7 identifies the types of changes that will be
identified by Pacific and CLEC within this JIA and those changes will
adhere to the Change Control Process flow detail described in Section
3.6.6 below. This process will pertain to changes initiated by Pacific
and changes requested by CLEC within the scope of the implementation of
the interface. Work on the affected interface may proceed, but in no
case will implementation occur before disputes are resolved pursuant to
Section 4 hereof.
3.6.6 in all instances CLEC will receive written notice in order to
evaluate the issue and have the opportunity to discuss it with Pacific.
Any disputes will be resolved pursuant to Section 4 hereof.
Specifically, these actions will follow the Change Control Process flow
detail described in Sections 3.6.6.1 and 3.6.6.2 below.
3.6.6.1 Flow detail for changes required to be made by CLEC to
meet conversion date:
1. As the EDI/LSR issue requirements are being determined at
OBF, they are reviewed by Pacific to determine Pacific's LSR
Usage requirements.
2. A preliminary package of the charges is completed.
190
4. The Initial Notification of changes will be via an Accessible Letter and
will be supplemented with Account Team correspondence where appropriate.
The letter will be distributed to CLEC, including the CLEC SPOC identified
in Section 3.3 above, and will contain the Pacific plans for issue content
and a proposed date of implementation.
5. CLEC may send a written response through their Pacific Account Manager
within 14 calendar days of the letter date if issues exist or clarification
is requested.
6. The response will specify elements of contention and detail CLEC's
alternative recommendations for implementation where issues exist. These
should be handled through the Pacific Account Manager who will forward them
to the appropriate organization within Pacific.
7. These responses will be reviewed and considered by Pacific and appropriate
action will be taken, including attempting to resolve CLEC's issues.
8. A written response will be forwarded to CLEC through the Account Manager
within 14 calendar days after the cutoff date for all responses (28
calendar days after date of Initial Notification). Any changes that may
occur as a result of the responses will be distributed to CLEC via another
Accessible Letter.
9. Once the LSOG Version and/or EDI Release Package is finalized it will be
reviewed again by Pacific for any alterations that may be necessary.
10. The Final Notification will be sent to CLEC via an Accessible Letter. The
letter will contain the requirements for the new release and the planned
implementation date.
11. Again, CLEC may send a written response within 14 calendar days through
their Account Manager. The response will specify elements of contention and
detail CLEC's alternative recommendations for implementation where issues
exist, including issues with the planned implementation date.
12. A written response will be forwarded to CLEC through the Account Manager
within 14 days after the cutoff date for all CLEC responses (28 calendar
days after date of Final Notification). Any changes that may occur as a
result of the responses will be distributed to CLEC via another Accessible
Letter.
13. Should CLEC elect to dispute any portion of Pacific's response detailed in
11 above, CLEC must initiate such dispute within 10 calendar days of
Pacific's response. This period will allow reasonable time for a Majority
Vote process to be conducted.
14. Testing will be conducted, to the satisfaction of CLEC and Pacific, until
the mutually agreed upon interface testing criteria has been satisfied.
15. If the Parties don't agree that testing has been successfully completed
within the planned time frame, they may utilize the provisions of Section
4, hereof to resolve the issue.
16. The new release or updates are implemented. If a dispute resolution
procedure has been initiated pursuant to item 12 above and Section 4,
implementation will proceed following the provisions of Section 4.
191
3.6.6.2 Flow detail for changes which may be made at CLEC's option (i.e. does
not impact current order production) on or after Pacific's conversion date:
1. As the EDI/LSR issue requirements are being determined at OBF, they are
reviewed by Pacific to determine Pacific's LSR Usage requirements.
2. A preliminary package of the changes is compiled.
3. Notification will be sent to CLEC, including the CLEC SPOC identified in
Section 3.3 above, via an Accessible Letter and will be supplemented with
Account Team correspondence where appropriate. The letter will contain the
requirements for the new release and the planned implementation date.
4. CLEC may send a written response within 14 calendar days through their
Account Manager. The response should specify elements of contention, detail
why there is programming impact to CLEC and, if appropriate, detail CLEC's
alternative recommendations for implementation, including issues with the
planned implementation date.
5. These responses will be reviewed and considered by Pacific and appropriate
action will be taken, including attempting to resolve CLEC's issues.
6. A written response will be forwarded to CLEC through the Account Manager
within 14 calendar days after the cutoff date for responses (28 calendar
days after date of Notification). Any changes that may occur as a result of
the responses will be distributed to CLEC via another Accessible Letter.
7. Should CLEC elect to dispute any portion of Pacific's response detailed in
6 above, CLEC must initiate such dispute within 10 calendar days of
Pacific's response. This period will allow reasonable time for a Majority
Vote process to be conducted.
8. If CLEC will utilize the optional capability upon the release date, testing
will be conducted, to the satisfaction of CLEC and Pacific, until the
mutually agreed upon interface testing criteria has been satisfied.
9. If the Parties don't agree that testing has been successfully completed
within the planned time frame, they may utilize the provisions of Section
4, hereof to resolve the issue.
10. The new release or updates are implemented. If a dispute resolution
procedure has been initiated pursuant to item 7 above and Section 4,
implementation will proceed after resolution of the dispute.
192
3.7 CHANGE TYPES
3.7.1 Major Change - Substantial technical process, Business Rule
modification(s) or change(s) to the interfaces that are required
and which will significantly impact the data transactions and system
coding. Major changes including new categories of functionality not
included within the original scope and functionality covered by
this JIA will be incorporated into a new release that will be
subjected to a new JIA.
3.7.2 Minor Change - Minor technical process, Business Rule
modification(s) or change(s) to the interfaces that are required,
but are easily incorporated into data transactions and system
coding. Minor changes may trigger a revision to an existing JIA but
will not require a new release and its corresponding new JIA.
3.8 IMPLEMENTATION SCHEDULING
3.8.1 Section 5, Implementation Schedule, will be included in the initial
JIA for the defined interface. If a subsequent JIA needs to be issued in
connection with making major changes as described above, Pacific will
coordinate with interface users and publish a new Implementation Schedule
as outlined in Section 5 of the new JIA. Any disputes will be resolved
pursuant to Section 4 hereof.
3.8.2 When a minor change is to be implemented but does not necessitate a
revision to this JIA, notification of implementation timelines for the
particular change(s) will be provided in writing to CLEC. Any disputes
will be resolved pursuant to Section 4 hereof.
193
4. OSS DISPUTE RESOLUTION
4.1 NEGOTIATIONS AND ESCALATION
When the parties are not in agreement on Pacific's proposed business
rules, test plan, implementation, timeline or other aspects of an OSS
interface covered by this JIA, the parties shall promptly commence the
escalation process provided for in Section 4 of Appendix C of Attachment
11 of the Interconnection Agreement. The parties shall act and negotiate
in good faith using their best efforts to reach an agreement on the
disputed interface that is consistent with the needs of the industry (while
recognizing reasonable cost and technical constraints) and that recognizes
that the interface must be made available by Pacific on a
nondiscriminatory basis and at parity to all CLECs and cannot be designed
to advantage or disadvantage any particular CLEC.
4.2 MAJORITY VOTE
If the process described in Section 4.1 above does not resolve a dispute,
CLEC may, in its sole discretion, either accept Pacific's position on the
dispute or elect to seek the vote of other Affected CLECs (as defined in
Section 4.3.1) that Pacific's position on the dispute is not acceptable to
such Affected CLECs. Unless the Majority Vote (as defined in Section 4.3.2)
is in favor of the proposed disputed change, Pacific shall not proceed with
the proposed disputed change. If Pacific fails to xxxxxx a Majority Vote in
favor of its position, at Pacific's election, Pacific will commence
negotiations with the Affected CLECs to develop a position that is
supported by a Majority Vote. The ability to appeal to the CPUC Staff for
resolution has not been agreed to by the parties and will be resolved via
Alternate Dispute Resolution.
4.3 DEFINITIONS FOR SECTION 4
4.3.1. "Affected CLECs" shall mean all CLECs which are using a
particular Pacific OSS interface as to which a dispute exists where
resolution of the dispute will impact such Affected CLECs usage of such
interface, all CLECs which are testing or are in the process of
implementing such OSS interface and all CLECs which have indicated a
definite intent to test, implement or use such OSS interface within the
next three months. Pacific shall not be treated as an "Affected CLEC" for
this purpose and shall have no vote. CLECs that are affiliates of each
other shall be considered the same CLEC.
4.3.2. "Majority Vote" shall mean 50% or more of all written statements
submitted by at least a Quorum of Affected CLECs to Pacific and CLEC
indicating that the signing Affected CLECs either (1) object to or (2)
support Pacific's position. Where a number of Affected CLECs join together
in one written statement, the votes of each Affected CLEC joining in the
statement shall be counted as if each had filed an individual statement.
For purposes of this definition, "Quorum" shall constitute two-thirds of
the Affected CLECs. In the event of a tie, the change proposed shall be
implemented by Pacific. In the event that less than two-thirds of Affected
CLECs vote, the proposed change will not have garnered a Majority Vote, the
proposed change will not be implemented, and the dispute will be submitted
to the CPUC staff for resolution.
194
5. IMPLEMENTATION SCHEDULE
Phase 1: Documentation Released: 12/1/97 Number Portability orders
Phase 2: Joint Test Plan Developed: 5/27/98 Number Portability orders
Phase 3: Joint Testing: 6/1/98 - 6/19/98 Number Portability orders
Phase 4: Implementation: 6/22/98* Number Portability orders
* CLEC implementation date only -- Pacific Xxxx in production as of
3/1/198
* Based on successful completion of joint testing
195
6. AUTHORIZED SIGNATURES
Pacific and CLEC have indicated their approval of the terms contained
within this Joint Implementation Agreement by the signatures of their
authorized representatives below.
PACIFIC CLEC
By:___________________ By:___________________________
Title:________________ Title:________________________
Date:_________________ Date:_________________________
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ATTACHMENT 12
-------------
MAINTENANCE
-----------
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Attachment 12
Page 1
ATTACHMENT 12
MAINTENANCE
1. PACIFIC shall provide repair, maintenance, testing and surveillance for
all Local Services and unbundled Network Elements and Combinations in
accordance with the terms and conditions of the Attachment.
2. PACIFIC and CLEC shall mutually agree on appropriate maintenance
standards for all Local Services and unbundled Network Elements and
Combinations ordered under this Agreement. Such maintenance standards
shall include, without limitation, standards for testing, network
management, call gapping, and notification of upgrades as they become
available. Such maintenance standards shall be set forth in Attachment
17 to this Agreement.
3. Maintenance and Repair Functions
3.1 Initial Electronic Bonding Interface Functions
PACIFIC will have in place by April 10, 1997 a real time electronic
system-to-system interface ("EBI") consistent with ATIS industry
standards, to enable CLEC to perform any necessary maintenance and
repair functions, including the ability to enter a new trouble ticket
into the PACIFIC maintenance system for an CLEC Customer; the ability to
retrieve and track current status on all CLEC Customer repair tickets;
the ability to schedule maintenance appointments by day and time on a
real-time basis and the ability to verify that the trouble has been
resolved by work completed on the Customer's premises to the Minimum
Point of Entry (MPOE) (collectively "EBI Functions"). Prior to
implementation of EBI, PACIFIC will offer CLEC the use, at CLEC's
option, of two interim interfaces for the performance of EBI Functions:
(i) an 800 number and (ii) access to the PBSM system. PACIFIC will
structure these interim interfaces so that CLEC will be able to perform
all EBI Functions on an interim basis using the 800 number and the
majority of the EBI using PBSM.
3.2 Additional Maintenance Functions
Prior to the development of ATIS standards for adding to EBI (a) the
ability to retrieve MLT results, (b) the ability to retrieve "Dispatch
In-Dispatch Out" codes, and (c) the ability to retrieve all applicable
time and material charges at the time of ticket closure (itemized by
customer for each repair incident to
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Attachment 12
Page 2
show time spent, nature of trouble, how trouble was resolved, charges for
individual items such as materials, if any, and total charges)
(collectively "Maintenance Functions"), PACIFIC and CLEC will mutually
agree on a process to accomplish CLEC's request for the Maintenance
Functions on an interim, pre-EBI basis, and the cost, if any, to provide
the Maintenance Functions.
4. EBI Implementation
4.1 Maintenance and repair information exchange relating to all Local
Services, Network Elements and Combinations provided under this Agreement
will be transmitted over the same interface according to the same content
definition. CLEC and PACIFIC will, for the purpose of exchanging fault
management information, establish an EBI, based upon ANSI standards
T1.227-1995 and T1.228-1995, and Electronic Communication Implementation
Committee (ECIC) Trouble Report Format Definition (TRFD) Number 1 as
defined in ECIC document ECIC TRA/95-003, and all standards referenced
within those documents. The parties agree to adopt for EBI the functions
currently implemented for reporting access circuit troubles. These
functions include Enter Trouble, Request Trouble Report Status, Add
Trouble Information, Modify Trouble Report Attributes, Trouble Report
Attribute Value Change Notification and Cancel Trouble Report, all of
which are fully explained in clauses 6 and 9 of ANSI T1.228-1995.
4.2 CLEC and PACIFIC will exchange requests over a mutually agreeable X.25
based network or, if both CLEC's and PACIFIC's platforms are capable, a
mutually agreeable TCP/IP based network may be employed. CLEC and PACIFIC
will translate maintenance requests or responses originating in their
internal processes into the agreed upon attributes and elements. Both
parties, agree to complete mutually consistent translations within two (2)
months after the Effective Date of this Agreement and to proceed to
systems readiness testing that will result in a fully operational
interface for local service delivery within four (4) months after the
Effective Date of this Agreement. Changes to Network Operations Forum
(NOF), ECIC or T1M1 standards, to the extent local service maintenance and
repair are affected, will be implemented based upon a mutually agreeable
schedule, but in no case will the time for adoption, including testing of
the changes introduced, extend more than one (1) year beyond the date of
initial closure by the relevant ATIS committee or subcommittee.
5. In the event a PACIFIC employee misses a scheduled repair appointment on
behalf of CLEC, PACIFIC will notify CLEC within one (1) hour of the missed
appointment, either by EBI or by telephone.
6. PACIFIC technicians shall provide repair service to CLEC Customers that is
equal in quality to that provided to PACIFIC customers. Trouble calls from
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Attachment 12
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CLEC shall receive response time priority that is at least equal to that of
PACIFIC customers and shall be handled on a "first come first served" basis
regardless of whether the customer is an CLEC Customer or a PACIFIC
customer. Prior to EBI, CLEC may ask PACIFIC to reprioritize an CLEC
customer trouble report among CLEC's other customer trouble reports and
PACIFIC will reprioritize CLEC's various customer reports as requested by
CLEC, if possible.
7. PACIFIC shall provide CLEC with the same scheduled and non-scheduled
maintenance, including, without limitation, required and recommended
maintenance intervals and procedures, for all Local Services, Network
Elements and Combinations provided to CLEC under this Agreement that it
currently provides for the maintenance of its own network. PACIFIC shall
provide CLEC at least ten (10) business days advance notice of any
scheduled maintenance activity which may impact CLEC Customers. Scheduled
maintenance shall include, without limitation, such activities as switch
software retrofits, power tests, major equipment replacements and cable
rolls. Plans for scheduled maintenance shall include, at a minimum, the
following information: location and type of facilities, specific work to be
performed, date and time work is scheduled to commence, work schedule to be
followed, date and time work is scheduled to be completed and estimated
number of work-hours for completion.
8. PACIFIC shall advise CLEC of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by PACIFIC on any
Network Element, including, without limitation, any hardware, equipment,
software, or system providing service functionality which may potentially
impact CLEC Customers. PACIFIC shall provide the maximum advance notice of
such non-scheduled maintenance and testing activity possible, under the
circumstances; provided, however, that PACIFIC shall provide emergency
maintenance as promptly as possible to maintain or restore service and
shall advise CLEC promptly of any such actions it takes.
9. PACIFIC shall provide CLEC with a detailed description of any and all
emergency restoration plans and disaster recovery plans, however
denominated, which are in place during the term of this Agreement. Such
plans shall include, at a minimum, the following: (i) procedures for prompt
notification to CLEC of the existence, location, and source of any
emergency network outage potentially affecting an CLEC Customer, via the
EBI to be established pursuant to Sections 3 and 4; (ii) establishment of a
single point of contact responsible for initiating and coordinating the
restoration of all Local Services and Network Elements or Combinations;
(iii) methods and procedures to provide CLEC with real-time access to
information relating to the status of restoration efforts and problem
resolution during the restoration process; (iv) methods and procedures for
reprovisioning of all Local Services
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and Network Elements or Combinations after initial restoration; (v)
equal priority, as between CLEC Customers and PACIFIC customers, for
restoration efforts, consistent with FCC Service Restoration
guidelines, including, without limitation, deployment of repair
personnel, and access to spare parts and components; and (vi) a
mutually agreeable process for escalation of maintenance problems,
including a complete, up-to-date list of responsible contacts, each
available twenty-four (24) hours per day, seven (7) days per week.
Said plans shall be modified and up-dated as needed. PACIFIC shall
notify CLEC, within one hour, of all Category I Equipment and/or
facility failures affecting CLEC customer service as itemized in
PACIFIC reference S.I. 131, as amended by PACIFIC from time to time.
A copy of the relevant portion of S.I. 131 in effect on the effective
date of this Agreement is attached to this Attachment as Appendix A.
10. PACIFIC and CLEC shall establish mutually acceptable methods and
procedures for referring callers to the 800/800 number supplied by
the other Party for purposes of receiving misdirected calls from
customers requesting repair.
11. PACIFIC's Interconnection Service Center (ISC) shall conform to the
performance and service quality standards set forth in Attachment 17
when providing repair and maintenance to CLEC and CLEC Customers
under this Agreement.
11.1. If service is provided to CLEC Customers before EBI is established
between CLEC and the PACIFIC, CLEC will transmit its repair calls to
the PACIFIC ISC by telephone.
11.2. ISC, and Electronic Bonding, once deployed, shall be on-line and
operational and the interim interfaces described in Section 3
preceding shall be operational twenty-four (24) hours per day, seven
(7) days per week.
11.3. Progress reports and status of repair efforts shall be available to
CLEC through EBI. On an interim basis before implementation of EBI,
PACIFIC shall provide progress reports and status of repair efforts
to CLEC via an 800 number supplied by PACIFIC or via PBSM, at CLEC's
option.
11.4. Within thirty (30) days after the execution of this Agreement,
PACIFIC shall provide CLEC with written escalation procedures to be
followed if, in CLEC's reasonable judgment, any individual trouble
ticket or tickets are not resolved in a timely manner. Resolution
shall be deemed untimely if delayed beyond PACIFIC's best practices
for resolution of troubles reported by PACIFIC's own customers. The
escalation procedures to be provided hereunder shall include names
and telephone numbers of PACIFIC management personnel who are
responsible for maintenance issues.
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Attachment 12
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11.5. In the event PACIFIC shall fail to conform to the performance
standards in Attachment 17, CLEC may request, and PACIFIC shall
perform an analysis of the reason behind PACIFIC's failure to
conform, and PACIFIC shall correct said cause as soon as reasonably
practical, at its own expense.
11.6. Maintenance charges for premises visits by PACIFIC technicians shall
be billed by CLEC to its Customer, and not by PACIFIC. All forms,
business cards or other materials furnished by PACIFIC technicians to
CLEC Customers will contain no brand. If the CLEC Customer is not at
home when the PACIFIC technician arrives, the PACIFIC technician
shall leave on the premises "not-at-home" cards that are unbranded
but include a contact number for CLEC. The PACIFIC technician will
not leave on the premises a PACIFIC-branded "not-at-home" card".
11.7. Dispatching of PACIFIC technicians to CLEC Customer premises shall be
accomplished by PACIFIC pursuant to a request received from CLEC.
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Attachment 12 - Appendix A
Page 1
CATEGORY I EQUIPMENT AND/OR FACILITY FAILURES AFFECTING
CUSTOMER SERVICE.
CATEGORY I BROADBAND
Types of Customer o Frame Relay - A failure of one or more channelized
Service Quality Failure T1 carrier systems or two or more non-channelized T1
Reports and Criteria carrier systems.
o ATM - A failure of one OC3 or two DS3s.
o SMDS - A failure of one DS3 or four T1s.
o Packet Switching - Any failure of an access module
(AM) or resource module (RM).
CATEGORY I NARROWBAND
o 5 T1 carrier systems (120 or more voice grade
channels) failure.
o 500 or more voice grade radio channels failure.
o A community isolation.
o E911
o A transport equipment failure that isolates a
central office from the E911 network. (Local
switch to the tandem e.g. DACS, OC12, DEXCS
failure, etc.)
o A transport equipment failure that isolates a
Public Safety Answering Point (PSAP) from the
E911 tandem.
o A transport equipment failure that results in
the loss of 25% or more of the trunks/circuits
(aggregate) from an E911 tandem to the PSAPs
served by that tandem.
CATEGORY I CABLE
o Local - 200 or more working pairs are affected.
o Toll - 120 or more interoffice trunks are affected.
o Fiber - Any working fiber providing customer
service that fails without protection.
o E911
o A transport cable failure that isolates a
central office from the E911 network. (Local
switch to the E911 tandem)
o A transport cable failure that isolates a PSAP
from the E911 tandem)
o A transport cable failure that results in the
loss of 25% or more of the trunks/circuits
(aggregate from an E911 tandem to the PSAPs
served by that
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Attachment 12 - Appendix A
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tandem.
CATEGORY I SWITCHING MACHINES
* Any switch congestion that results in 40% or more dial tone
delay lasting 15 minutes or longer.
* Complete loss of inward and/or outward call processing
capability from a central office lasting 5 minutes or longer.
* Any service interruption resulting in 50 or more customer
reports.
* A duplex connectivity failure to the SS7 network, e.g.
MSB7/LPP frame, link set, CNI, etc.
* Loss of interoffice calling from more than 10 minutes.
* An FYI report should be filed anytime a central office has
been on battery power (greater than)30 minutes, when it is
not part of a routine test.
* E911
* A central office isolated from the E911 network for 15
minutes or longer.
* Loss of 25% or more of the trunking capability from an
E911 tandem to the PSAPs it serves for 15 minutes or
longer (e.g. translations, trunk frame failure, etc.).
* A PSAP isolation from the E911 network for 15 minutes
or longer (e.g. translations, trunking problem, etc.)
CATEGORY I COMMUNITY ISOLATION
A community isolation occurs when no incoming or outgoing toll
service is available and the community is cut off from the
outside world by rural geography. A central office failure
within a metropolitan area is not considered a community
isolation since the community can more easily reach phone
service in the adjacent central office serving area.
CATEGORY I MEDIA INTEREST
Any interruption or outage that may cause public or news media
attention.
CATEGORY I TANDEM/TOPS
* Failures or potential loss of call completions/processing.
* Failures affecting Operator Service capabilities.
(See page 24 for detailed reporting criteria.)
CATEGORY I SS7
Loss of mated pair of STP or SCP. Any SS7 failure causing
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Attachment 12 - Appendix A
Page 3
50 customer reports from a single central office or 100 customer
reports from several central offices within a maintenance
center.
CATEGORY I PUBLIC SAFETY/SERVICE AGENCIES
* Federal Government, equipment or facility affecting 5 or more
military special communications, isolations of FAA location or
air ground facilities.
* State and local agencies interruptions seriously affecting
service to police, fire departments, hospitals, press,
military, and PBSs.
205
ATTACHMENT 13
CONNECTIVITY BILLING AND RECORDING
206
Attachment 13
TABLE OF CONTENTS
CONNECTIVITY BILLING AND RECORDING
1. General............................................................. 1
2. Transition to CABS.................................................. 1
3. Billable Information And Charges.................................... 1
4. Meet Point Billing.................................................. 4
5. Collocation......................................................... 6
6. Mutual Compensation................................................. 6
7. Issuance of Connectivity Bills - General............................ 9
8. Electronic Transmissions............................................ 8
9. Tape or Paper Transmissions......................................... 8
10. Testing Requirements................................................ 11
11. Xxxx Accuracy Certification......................................... 11
12. Additional Requirements............................................. 11
13. Payment Of Charges.................................................. 12
14. Billing Disputes.................................................... 13
15. Late Payment Charges................................................ 14
16. Adjustments......................................................... 14
17. Recording Of Call Information....................................... 14
Appendix A:
Pre-Xxxx Certification Operating Agreement
Appendix B:
Schedule for Transition to CABS
Schedule For Agreement On Specifications For Electronic Transmission And
Start Date For Implementation Of Transmission Method
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CONNECTIVITY BILLING AND RECORDING
1. GENERAL
This Attachment describes the requirements for PACIFIC to xxxx and record
all charges CLEC incurs for purchasing Local Services for resale and for
Network Elements and combinations, and describes the requirements for
PACIFIC and CLEC to xxxx and record all charges incurred to provide Meet
Point Billing and Mutual Compensation. In addition to the terms and
conditions set forth in this Attachment 13, CLEC and PACIFIC will use
their best efforts to complete and sign by November 30, 1996 a Pre-Xxxx
Certification Operating Agreement, which, when executed by both parties,
will become Appendix A to this Attachment 13. The performance measurements
applicable to Connectivity Billing and Recording are set forth in
Attachment 17.
2. TRANSITION TO CABS
PACIFIC shall use a phased approach to introduce billing through CABS for
Local Services. Network Elements and Combinations provided to CLEC under
this Agreement. PACIFIC agrees to complete the conversion of CABS billing
for Local Services, Network Elements and Combinations provided under this
Agreement in accordance with the schedule set forth in Appendix B to this
Attachment 13.
2.1 Each Party agrees to deliver billing information in the CABS format
mutually agreed to and implemented by the Parties. Each reference to CABS
in this Attachment 13 shall be understood prior to the date of CABS
conversion to refer to the applicable pre-CABS billing system. Each
reference to CABS in this Attachment 13 shall be understood as of the date
of CABS conversion to refer to CABS.
2.2 Notwithstanding any other provisions or language to the contrary in this
Agreement, the Parties agree to cease delivering billing information in
CABS format, and to instead utilize the XXXX format, for resold Local
Services effective May 11, 1998. Until such time as CLEC has developed and
tested a conversion of its resale billing platform for CABS to XXXX, CLEC
agrees to accept a paper XXXX xxxx beginning May 11 for resold Local
Services. The Parties agree that CLEC's acceptance of a paper XXXX xxxx
shall constitute conversion from CABS to XXXX."
3. BILLABLE INFORMATION AND CHARGES
3.1 PACIFIC currently uses FABS, XXXX and CABS to xxxx the Network Elements.
Local Services and Combinations that CLEC plans to purchase. PACIFIC will
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Attachment 13
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convert billing for all Network Elements, Local Services and Combinations
to a CABS billing format in accordance with the schedule set forth in
Appendix B. References to CABS billing in this Attachment apply to billing
for the specified service following conversion to CABS.
3.2 PACIFIC will xxxx and record in accordance with this Attachment those
charges CLEC incurs as a result of CLEC purchasing from PACIFIC Network
Elements, Combinations and Local Services, as set forth in this Agreement
(hereinafter "Connectivity Charges"). The Parties agree that, except as
expressly provided in this Attachment, CABS or predecessor billing systems
will comply with OBF standards.
3.3 Each xxxx for Connectivity Charges (hereinafter "Connectivity Xxxx") shall
be formatted in accordance with CABS, XXXX or FABS, as appropriate,
pursuant to the CABS Conversion schedule set forth in Appendix B. Each
Element, Combination, or Local Service, purchased by CLEC shall be assigned
a separate and unique billing code in the form agreed to by the Parties and
such code shall be provided to CLEC on each Connectivity Xxxx in which
charges for such Elements, Combinations, or Local Services appear. Each
such billing code shall enable CLEC to identify the Element(s), or
Combinations and Options as described in Attachment 11 to this Agreement
ordered by CLEC, or Local Services ordered or utilized by CLEC in which
Connectivity Charges apply pursuant to this Agreement. Each Connectivity
Xxxx shall set forth the quantity and description of each such Element,
Combination, or Local Service provided and billed to CLEC. All Connectivity
Charges billed to CLEC must indicate the state from which such charges were
incurred.
3.4 PACIFIC shall provide CLEC monthly Connectivity Bills that include all
Connectivity Charges incurred by and credits and/or adjustments due to CLEC
for those Elements, Combination thereof, or Local Services ordered,
established, utilized, discontinued or performed pursuant to this
Agreement. Each Connectivity Xxxx provided by PACIFIC to CLEC shall
include: (1) all non-usage sensitive charges incurred for the period
beginning with the day after the current xxxx date and extending to, and
including, the next xxxx date, (2) any known unbilled non-usage sensitive
charges for prior periods, (3) unbilled usage sensitive charges for the
period beginning with the last xxxx date and extending up to, but not
including, the current xxxx date, (4) any known unbilled usage sensitive
charges for prior periods, and (5) any known unbilled adjustments.
3.5 The Xxxx Date, as defined herein, must be present on each xxxx transmitted
by PACIFIC to CLEC.
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3.6 Subject to Sections 3.6.4 and 3.6.5, PACIFIC shall not provide any
Connectivity Bills to CLEC having a Xxxx Date any later than the
following dates:
3.6.1. Sixty (60) days following the recording date for all resale usage and
LSNE usage, except for calls requiring data exchange with third party
carriers. e.g. intraLATA 0+ calls made within another state, which
calls are subject to Section 3.6.2.
3.6.2 One hundred twenty (120) days following the recording date for calls
requiring data exchange with third party carriers.
3.6.3 Sixty (60) days following the date the charges are incurred for all
other Network Elements, Combinations, and all non-usage resale or LSNE
charges.
3.6.4 The time limits set forth in Sections 3.6.1 and 3.6.2 are effective
immediately. The time limit set forth in Section 3.6.3 will be
effective six (6) months following the effective date of this
Agreement.
3.6.5 If any billing error is identified, quantified and communicated in
writing by PACIFIC to CLEC within the time periods set forth in Section
3.6.3 above after Connectivity Charges are incurred, Pacific will have
a maximum of one hundred twenty (120) days after the Connectivity
Charges are incurred to render correct Connectivity Bills therefor.
3.6.6 Provided that CLEC continues to participate in the Pre-Xxxx
Certification Procedures described in Appendix A to this Attachment, no
payment shall be due from CLEC for any Connectivity xxxx received by
CLEC from PACIFIC that fails to meet the timeliness requirements of
Section 3.6.1 through 3.6.5 of this Attachment.
3.6.7 On each xxxx where "Jurisdiction" is identified, local and local toll
charges shall be identified as "Local" and not as interstate,
interstate/interLATA, intrastate, or intrastate/intraLATA.
3.7 PACIFIC shall xxxx XXXX for each Element, Combination thereof, or Local
Service, supplied by PACIFIC to CLEC pursuant to this Agreement at the
rates set forth in Attachment 8. PACIFIC will xxxx XXXX based on the
actual Connectivity Charges incurred, provided, however, for those
usage-based Connectivity Charges where actual charge information is not
determinable by PACIFIC because the jurisdiction (i.e., interstate,
interstate/interLATA, intrastate, intrastate/intraLATA, local) of the
traffic is unidentifiable, the parties will jointly develop a process
to determine the appropriate charges.
3.8 Each party shall be responsible for (1) all costs and expenses it
incurs in complying with its obligations under this Attachment 13 and
(2) the
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development, modification, technical installation and maintenance of any
systems or other infrastructure which it requires to comply with and to
continue complying with its responsibilities and obligations under this
Attachment 13, except that Pacific may recover the cost to implement the
billing system changes required by this Attachment in a competitively
neutral manner on an industry wide basis.
3.9 Each Party shall provide the other Party at no additional charge a
contact person for the handling of any Connectivity Billing questions or
problems that may arise during the implementation and performance of the
terms and conditions of this Attachment.
4. MEET POINT BILLING
4.1 CLEC and PACIFIC will establish meet-point billing ("MPB") arrangements
for jointly provided switched access to an IEC, in accordance with the
Meet Point Billing guidelines adopted by and contained in the OBF's
MECAB and MECOD documents, except as modified herein. Both parties will
use their best reasonable efforts, individually and collectively, to
maintain provisions in their respective federal and state access
tariffs, and provisions within the National Exchange Carrier Association
("NECA") Xxxxxx Xx. 0, or any successor tariff to reflect the MPB
arrangements identified in this Agreement, in MECAB and in MECOD.
4.2 CLEC and PACIFIC will implement the "Multiple Xxxx/Single Tariff" option
in order to xxxx any interchange carrier ("IXC") for that portion of
the network elements provided by CLEC or PACIFIC. For all traffic
carried over the MPB arrangement, CLEC and PACIFIC shall each xxxx the
IEC for its own portion of the applicable elements.
4.3 Each Party shall provide the billing name, billing address, and carrier
identification code ("CIC") of the IXCs that may utilize any portion of
CLEC's network in an CLEC/PACIFIC MPB arrangement in order to comply
with the MPB Notification process as outlined in the MECAB document.
Each party will be entitled to reject a record that does not contain a
CIC code. Such information shall be provided by each Party to the other
Party in the format and via the medium that the parties agree.
4.4 The Parties agree to comply with the currently effective MECAB
guidelines as mutually adopted by the Parties from time to time.
4.5 The Parties further agree that in those MPB situations where one Party
subtends the other Party's access tandem, the Party providing the access
tandem is only entitled to xxxx the access tandem fee and any associated
local transport charges. The Parties also agree that the Party who
provides the
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end office switching is entitled to xxxx end office switching fees,
local transport charges, RIC and CCL charges, as appropriate, and such
other applicable charges.
4.6 PACIFIC and CLEC will record and transmit MPB information in accordance
with the standards and in the format set forth in this Attachment.
PACIFIC and CLEC will coordinate and exchange the billing account
reference ("BAR") and billing account cross reference ("BACR") numbers
for the MPB arrangements described in this Agreement. Each Party will
notify the other if the level of billing or other BAR/BACR elements
change, resulting in a new BAR/BACR number.
4.7 The secondary billing company will provide to the initial billing
company any necessary AMA records (in standard EMR format) within
fourteen (14) days of the recording date. The Initial billing company
will provide the secondary billing company the necessary summary records
with fourteen (14) days of the initial company's xxxx date.
4.8 If MPB data is not submitted by either Party within the period set forth
in 4.7, or is not in the proper format as set forth in this Agreement,
and if as a result the other Party is delayed in billing the IXC for the
appropriate charges it incurs, the delaying Party shall pay the other
Party a late MPB data delivery charge which will be the total amount of
the delayed charges times the highest interest rate (in decimal value)
which may be levied by law for commercial transactions, compounded daily
for the number of days from the date the MPB charge information is
actually received.
4.9 Failure of secondary billing company to provide the necessary AMA
records (in standard EMR format) within sixty (60) days of the recording
date or of the initial billing company to provide the necessary summary
records within sixty (60) days of the initial billing company's xxxx
date, will result in the Party failing to deliver the data to be liable
to the other Party for any charges the other Party is unable to xxxx the
IEC.
4.10 Errors in MPB data exchanged by the Parties may be discovered by CLEC,
PACIFIC or the billable IXC. Both CLEC and PACIFIC agree to provide the
other Party with notification of any discovered errors within ten (10)
business days of the discovery. The other Party shall correct the error
within twenty (20) business days of notification and resubmit the data.
In the event the errors cannot be corrected within the time period
specified above, the erroneous data shall be considered lost. If either
Party fails to provide MPB data due to loss, uncorrectable errors or
otherwise, the Parties shall follow the procedures set forth in
Attachment 14, Section 6, for compensation of lost,
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damaged or destroyed Recorded Usage data and compensate the other for
the lost MPB billing data.
4.11 Both Parties will provide the other a single point of contact to
handle any MPB questions.
5. COLLOCATION
When CLEC collocates with PACIFIC in LEC's facility as described in
this Agreement, capital expenditures (e.g., costs associated with
building the "cage"), shall not be included in the Connectivity Xxxx
provided to CLEC pursuant to this Attachment. All such capital
expenses shall be billed through FABS, identified as capital expense
charges and given a unique and consistent Billing Account Number. All
invoices for capital expenses shall be sent to the location specified
by CLEC for payment. All other non-capital recurring collocation
expenses shall be billed to CLEC in accordance with this Agreement.
The CABS Billing Output Specifications ("BOS") documents provide the
guidelines on how to xxxx the Connectivity Charges associated with
collocation. The xxxx label for those collocation charges shall be
entitled "Expanded Interconnection Service."
6. MUTUAL COMPENSATION
6.1 The Parties shall xxxx each other call termination charges for local
exchange traffic, using a CABS like format, in accordance with the
standards set forth in this Agreement for traffic terminated to the
other Party's customer, where both such customers bear NPA-NXX
designations associated with the same LATA or other authorized area
(e.g., extended area service zones in adjacent local calling areas).
Where required, such traffic shall be recorded and transmitted to CLEC
in accordance with this Attachment. Further, the traffic exchanged
pursuant to this Attachment shall be measured in billing minutes of
use and shall be in actual conversation seconds. The total
conversation seconds per chargeable traffic type will be totalled for
the entire monthly billing cycle and then rounded to the next whole
conversation minute. Reciprocal compensation for the termination of
this traffic shall be charged at rates specified in Attachment 18 to
this Agreement.
7. ISSUANCE OF CONNECTIVITY BILLS - GENERAL
7.1 PACIFIC and CLEC will issue all CABS Connectivity Bills in accordance
with the terms and conditions set forth in this Section.
7.2 PACIFIC and CLEC will establish monthly billing dates ("Xxxx Date")
for each Billing Account Number ("BAN") or Billed Telephone Number
("BTN") (collectively referred to as "Account Number"), as further
defined in the
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CABS documents, which Xxxx Date shall be the same day month to month.
Each Account Number shall remain constant from month to month, unless
changed as agreed to by the Parties. Each Party shall provide the
other Party at least thirty (30) calendar days written notice prior
to changing, adding or deleting an Account Number. The Parties will
provide one Connectivity Billing invoice associated with each Account
Number.
7.3 All Connectivity Bills must be received by the other Party no later
than ten (10) calendar days from Xxxx Date and at least twenty (20)
calendar days prior to the payment due date (as described in this
Attachment), whichever is earlier. Any Connectivity Xxxx received on
a Saturday, Sunday or a day designated as a holiday by the Chase
Manhattan Bank of New York (or such other bank as CLEC shall specify)
will be deemed received the next business day. If either Party fails
to receive Connectivity Billing data and information within the time
period specified above, the payment due date will be extended by the
number of days the Connectivity Xxxx is late.
7.4 PACIFIC and CLEC shall issue all CABS Connectivity Bills containing
such billing data and information in accordance with CABS Version
26.0, or such later versions of CABS as are published by Bellcore, or
its successor and implemented by PACIFIC or CLEC, except that if the
parties enter into a meet-point billing arrangement, such
Connectivity Billing data and information shall also conform to the
standards set forth in the MECAB document, or such later versions as
are adopted by OBF, or its successor. To the extent that there are no
CABS or MECAB standards governing the formatting of certain data,
such data shall be issued in the format mutually agreed by the
Parties.
7.5 Each Party will provide the other Party written notice of which
Connectivity Bills are to be deemed the official bills to assist the
Parties in resolving any conflicts that may arise between the
official bills and other bills received via a different media which
purportedly contain the same charges as are on the official xxxx. If
either Party requests an additional copy(ies) of a xxxx, such Party
shall pay the other Party a reasonable fee per additional xxxx copy
as set forth in applicable tariffs or as mutually agreed, unless such
copy was requested due to errors, omissions, or corrections or the
failure of the transmission to comply with the specifications set
forth in this Agreement.
7.6 To avoid transmission failures or the receipt of Connectivity Billing
information that cannot be processed, the Parties shall provide each
other with their respective process specifications and edit
requirements. CLEC shall comply with PACIFIC's processing
specifications when CLEC transmits Connectivity Billing data to
PACIFIC. PACIFIC shall comply with CLEC's processing specifications
when PACIFIC transmits Connectivity Billing data to CLEC. CLEC and
PACIFIC shall provide each other reasonable notice if a Connectivity
Billing transmission is received that does not meet such Party's
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specifications or that such Party cannot process. Such transmission
shall be corrected and resubmitted to the other Party, at the
resubmitting Party's sole expense, in a form that can be processed. The
payment due date for such resubmitted transmissions will be twenty (20)
days from the date that the transmission is received in a form that can
be processed and that meets the specifications set forth in this
Attachment.
8. ELECTRONIC TRANSMISSIONS
8.1 PACIFIC and CLEC agree that each party will transmit CABS Connectivity
Billing information and data in the CABS format electronically via
Connect: Direct (formerly known as Network Data Mover) to the other
Party at the location specified by such Party. The Parties agree that a
T1.5 or 56kb circuit to Gateway for Connect: Direct is required. CLEC
data centers will be responsible for originating the calls for data
transmission via switched 56kb or T1.5 lines. If PACIFIC has an
established Connect: Direct link with CLEC, that link can be used for
data transmission if the location and applications are the same for the
existing link. Otherwise, a new link for data transmission must be
established. PACIFIC must provide CLEC/Alpharetta its Connect: Direct
Node ID and corresponding VTAM APPL ID before the first transmission of
data via Connect: Direct. CLEC's Connect: Direct Node ID is "NDMATTA4"
and VTAM APPL ID is "NDMATTA4" and must be included in PACIFIC's
Connect: Direct software. CLEC will supply to PACIFIC its RACF ID and
password before the first transmission of data via Connect: Direct. Any
changes to either party's Connect: Direct Node ID must be sent to the
other party no later than twenty-one (21) calendar days before the
changes take effect.
8.2 The CABS Connectivity Billing information and data will be sent using
the current OBF format implemented by mutual agreement of both Parties.
9. TAPE OR PAPER TRANSMISSIONS
9.1 In the event either Party does not have Connect: Direct capabilities
upon the effective date of this Agreement, such Party agrees to
establish Connect: Direct transmission capabilities with the other Party
within the time period mutually agreed and at the establishing Party's
expense. Until such time, the Parties will transmit billing information
to each other via magnetic tape or paper (as agreed to by CLEC and
PACIFIC). Connectivity billing information and data contained on
magnetic tapes or paper for payment shall be sent to the Parties at the
following locations. The Parties acknowledge that all tapes transmitted
to the other Party via U.S. Mail or Overnight Delivery and which contain
Connectivity Billing data will not be returned to the sending Party.
215
TO CLEC:
---------------------------------------------------------------------
Test Tapes, CRL Network Services
Cassettes and Xxx Xxxxx, President
Diskettes Xxx Xxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxxxx, XX 00000
---------------------------------------------------------------------
Production Tapes CRL Network Services
and Cassettes via Xxx Xxxxx, President
Overnight Delivery One Kearny Street, Suite 1450
and U.S. Mail Xxx Xxxxxxxxx, XX 00000
---------------------------------------------------------------------
---------------------------------------------------------------------
Production CRL Network Services
Diskettes & Paper Xxx Xxxxx, President
Bills and Paper One Kearny Street, Suite 1450
EAS/AS Bills via Xxx Xxxxxxxxx, XX 00000
U.S. Mail
---------------------------------------------------------------------
Production CRL Network Services
Diskettes & Paper Xxx Xxxxx, President
Bills and Paper One Kearny Street, Suite 1450
EAS/AS Bills via Xxx Xxxxxxxxx, XX 00000
Overnight Delivery
Service
---------------------------------------------------------------------
TO PACIFIC:
---------------------------------------------------------------------
Tape To be specified by Pacific Xxxx
Transmissions when it elects tape transmission
Attn:
---------------------------------------------------------------------
Paper Pacific Xxxx
Transmissions: CLC Compensation Manager
000 0xx Xx., Xx. 000
Xxx Xxxxxxxxx, XX 00000
Attn:
---------------------------------------------------------------------
9.2 Each Party will adhere to the tape packaging requirements set forth in
this subsection. Where magnetic tape shipping containers are
transported in freight compartments, adequate magnetic field protection
shall be provided by keeping a typical 6-inch distance from any
magnetic field generating device
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(except a magnetron-tape device). The Parties agree that they will only
use those shipping containers that contain internal insulation to
prevent damage. Each Party will clearly xxxx on the outside of each
shipping container its name, contact and return address. Each Party
further agrees that it will not ship any Connectivity Billing tapes in
tape canisters.
9.3 All billing data transmitted via tape must be provided on a cartridge
(cassette) tape and must be of high quality, conform to the parties'
record and label standards, 9-track, odd parity, 6250 BPI, group coded
recording mode and extended binary-coded decimal interchange code
("EBCDIC"). Each reel of tape must be 100% tested at 20% or better
"clipping" level with full width certification and permanent error free
at final inspection. CLEC reserves the right to destroy a tape that has
been determined to have unrecoverable errors. CLEC also reserves the
right to replace a tape with one of equal or better quality.
9.4 Billing data tapes shall have the following record and label standards.
The dataset serial number on the first header record of an IBM standard
tape label also shall have the following format.
CABS BOS
Record Length 225 bytes (fixed length)
Blocking Factor 84 records per block
Block size 18,900 bytes per block
Labels Standard IBM
Operating System
9.5 A single 6-digit serial number must appear on the external (flat)
surface of the tape for visual identification. This number shall also
appear in the "dataset serial number field" of the first header record
of the IBM standard tape label. This serial number shall consist of the
character "V" followed by the reporting location's four digit
Originating Company Code and a numeric character chosen by the sending
company. The external and internal label shall be the same. The dataset
name shall appear on the flat side of the reel and also in the "data set
name field" on the first header record of the IBM standard tape label.
PACIFIC's name, address, and contact shall appear on the flat side of
the cartridge or reel.
9.6 All labeling of tapes shall comply with OBF standards.
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10. TESTING REQUIREMENTS
10.1 At least thirty (30) days prior to any billing system change there will
be a thirty day test period to ensure that bills can be processed by the
Parties.
10.2 For CLEC, PACIFIC will send CLEC a mechanized CABS Connectivity Xxxx
for the first time via electronic transmission, or tape, or at least
thirty (30) days prior to changing mechanized formats (i.e., from XXXX
to CABS), PACIFIC shall send to CLEC Connectivity Xxxx data in the
appropriate mechanized format for testing to ensure that the bills can
be processed and that the bills comply with the requirements of this
Attachment. PACIFIC shall also provide to CLEC's Company Manager,
located at 000 Xxxxx Xxxxx Xxxxxxx, XXXX X0000X, Xxxxxxxxxx, Xxxxxxx
00000, the PACIFIC's originating or state level company code so that it
may be added to CLEC's internal tables at least thirty (30) calendar
days prior to testing or a change in the PACIFIC's originating or state
level company code. CLEC will notify PACIFIC within the time period
agreed to by the parties if Connectivity Billing transmission fails to
meet CLEC's testing specifications. PACIFIC shall make the necessary
corrections within the time period agreed to with CLEC to ensure that
billing transmissions meet CLEC's testing specifications. PACIFIC shall
not send CLEC a mechanized Connectivity Xxxx (except for testing) until
such bills meet CLEC's testing specifications. If PACIFIC meets CLEC's
testing specifications, PACIFIC may begin sending CLEC mechanized
Connectivity Bills on the next Xxxx Date, or within ten (10) days,
whichever is later.
10.3 During the testing period, PACIFIC shall transmit to CLEC Connectivity
Billing data and information via paper transmission. Test tapes shall be
sent to CLEC at the following location:
------------------------------------------------
Test Tapes: CRL Network Services
Xxx Xxxxx, President
Xxx Xxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxxxx, XX 00000
------------------------------------------------
11. XXXX ACCURACY CERTIFICATION
The Parties agree that in order to ensure the proper performance and
integrity of the entire Connectivity Billing process, the sending Party
is responsible and accountable for transmitting to the receiving Party
an accurate and current xxxx. PACIFIC agrees to implement control
mechanisms and procedures to render a xxxx that accurately reflects the
Network Elements, Combination and Local Services ordered and used by
CLEC. These processes and methodology will be set forth in a Pre-Xxxx
Certification Operating Agreement and will be attached to this
Attachment 13 as Appendix B.
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12. ADDITIONAL REQUIREMENTS
PACIFIC agrees that if it transmits data to CLEC in a mechanized format,
PACIFIC will also comply with the following specifications which are not
contained in CABS guidelines but which are necessary for CLEC to process
Connectivity Billing information and data:
o The BAN shall not contain embedded spaces or low values.
o The Xxxx Date shall not contain spaces or non-numeric values.
o Each Connectivity Xxxx must contain at least one detail record.
o Any "From" Date should be less than the associated "Thru" Date and
neither date can contain spaces.
o The Invoice Number must not have embedded spaces or low values.
13. PAYMENT OF CHARGES
13.1 Subject to the terms of this Agreement and except for bills rendered by
PACIFIC in the XXXX format, CLEC and PACIFIC will pay each other within
thirty (30) calendar days from the Xxxx Date, or twenty (20) calendar days
from the receipt of the xxxx, whichever is later. For bills rendered by
PACIFIC in the XXXX format, CLEC will pay PACIFIC within sixty (60)
calendar days from the Xxxx Date, or fifty (50) calendar days from the
receipt of the xxxx, whichever is later. If the payment due date is a
Sunday or is a Monday that has been designated a bank holiday by the Chase
Manhattan Bank of New York (or such other bank as CLEC specifies), payment
will be made the next business day. If the payment due date is a Saturday
or is on a Tuesday, Wednesday, Thursday or Friday that has been designated
a bank holiday by the bank as CLEC specifies), payment will be made on the
preceding business day.
13.2 Payments shall be made is U.S. Dollars via electronic funds transfer
("EFT") to the other Party's bank account. At least thirty (30) days prior
to the first transmission of Connectivity Billing data and information for
payment, PACIFIC and CLEC shall provide each other the name and address of
its bank, its account and routing number and to who Connectivity Billing
payments should be made payable. If such banking information changes,
each Party shall provide the other Party at least sixty (60) days written
notice of the change and such notice shall include the new banking
information. The Parties will render payment via EFT. CLEC will provide
PACIFIC with one address to which such payments shall be rendered and
PACIFIC will provide to CLEC with only one address to which such payments
shall be rendered. In the event CLEC receives multiple Connectivity Bills
from PACIFIC which are payable on the same date, CLEC may remit one
payment for the sum of all Connectivity Bills payable to PACIFIC's bank
account specified in this subsection. Each Party shall provide the other
Party with a contact person for the handling of Connectivity Billing
payment questions or problems.
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14. BILLING DISPUTES
14.1 Each Party agrees to notify the other Party upon the discovery of a
billing dispute. In the event of a billing dispute, the Parties will
endeavor to resolve the dispute within sixty (60) calendar days of
the Xxxx Date on which such disputed charges appear. Resolution of
the dispute is expected to occur at the first level of management
resulting in a recommendation for settlement of the dispute and
closure of a specific billing period. Xxxx closure procedures agreed
to by the Parties will be set forth in the Pre-xxxx Certification
Operating Agreement, to be attached to this Attachment as Exhibit A.
Closure of a specific billing period will occur by joint agreement of
the Parties whereby the Parties agree that such billing period is
closed to any further analysis and financial transactions, except
those resulting from an Audit as described in Section 10 of the
General Section of this Agreement. Closure will take place within
three (3) months of the close of the applicable billing period. The
month being closed represents those Connectivity Charges that were
billed or should have been billed by the respective Xxxx Date. If the
issues are not resolved within the allotted time frame, the following
resolution procedure will begin:
14.1.1 If the dispute is not resolved within sixty (60) days of the Xxxx
Date, the dispute will be escalated to the second level of management
for each of the respective Parties for resolution.
14.1.2 If the dispute is not resolved within ninety (90) days of the Xxxx
Date, the dispute will be escalated to the third level of management
for each of the respective Parties for resolution.
14.1.3 If the dispute is not resolved within one hundred and twenty (120)
days of the Xxxx Date, the dispute will be escalated to the fourth
level of management for each of the respective Parties for resolution.
14.1.4 If the dispute is not resolved within one hundred and twenty (150)
days of the Xxxx Date, the dispute will be resolved in accordance
with the alternative dispute resolution procedures set forth in
Attachment 3.
14.1.5 If a Party disputes a Connectivity Charge and does not pay such
charge by the payment due date, such charges shall be subject to late
payment charges as set forth in the Late Payment Charges provision of
this Attachment. If a Party disputes Connectivity Charges and the
dispute is resolved in favor of such Party, the other Party shall
credit the Connectivity Xxxx of the disputing Party for the amount of
the disputed charges along with any late payment charges assessed no
later than the second Xxxx Date after the resolution of the dispute.
Accordingly, if a Party disputes Connectivity Charges and the dispute
is resolved in favor of the other Party, the disputing Party shall
pay the other Party the amount of the disputed charges and any
associated late payment charges assessed no later than the second
xxxx payment due date after the
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resolution of the dispute. In no event, however, shall any late payment
charges be assessed on any previously assessed late payment charges.
15. LATE PAYMENT CHARGES
If either Party fails to remit payment for any Connectivity Charges
described in this Attachment by the payment due date, or if a payment or
any portion of a payment is received by either Party after the payment
due date, or if a payment or any portion of a payment is received in
funds which are not immediately available to the other Party, then a
late payment penalty shall be assessed. The late payment charge shall be
calculated based on the applicable tariffs of the billing Party, and the
portion of the payment not received by the payment date times the
highest interest rate (in decimal value) which may be levied by law for
commercial transactions, compounded daily for the number of days from
the payment date to and including the date that payment is actually
made. In no event, however, shall interest be assessed on any previously
assessed late payment charges.
16. ADJUSTMENTS
16.1 Subject to the terms of this Attachment and Attachment 17, PACIFIC will
debit or credit CLEC for incorrect Connectivity Billing charges;
overcharges: Local Services Elements, or any Combination thereof,
ordered or requested but not delivered; interrupted Local Services
associated with any Element, or combination thereof; ordered or
requested Local Services, Elements, or Combination thereof, of poor
quality; and installation problems if caused by PACIFIC, adjustments
will be administered per the applicable tariff or by mutual agreement.
Such reimbursements shall be identified as an adjustment on the
Connectivity Xxxx.
16.2 Subject to the terms of this Attachment, CLEC will debit or credit
PACIFIC for incorrect charges; overcharges; under charges for mutual
compensation as required or permitted by the applicable tariff or by
mutual agreement. Such reimbursements shall be identified as such on the
Xxxx.
17. RECORDING OF CALL INFORMATION
17.1 The Parties agree to record call information in accordance with this
subsection. These records shall be provided at a Party's request and
shall be formatted pursuant to Bellcore standards if such standards
exist, and otherwise as agreed by the Parties. These records shall be
transmitted to the other Party daily in EMR format via Connect: Direct,
provided however that if CLEC and PACIFIC do not have Connect: Direct
capabilities, such records shall be transmitted as the Parties agree.
PACIFIC and CLEC agree that they
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will retain, at each Party's sole expense, copies of all AMA records
transmitted to the other party for at least seven (7) calendar days after
transmission to the other Party.
17.2 Pacific shall provide to CLEC the Switched Access Detail Usage Data
(Category 11-00-xx records) via Connect:Direct on a daily basis within
fourteen (14) days of the last day of the billing period. The data will
be in a separate dataset from the usage records associated with the CLEC
Resale access lines. File name and attributes will be specified by CLEC.
17.3 CLEC shall provide to Pacific the Summary Usage Data (Category 11-50-xx
records) via Connect:Direct on a daily basis within fourteen (14) days of
the last day of the billing period. The data will be in a separate
dataset from the usage records associated with the CLEC Resale access
lines. File name and attributes to be specified by Pacific.
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Appendix A
APPENDIX A
PHYSICAL CHARACTERISTICS OF DATA TAPES/CARTRIDGES
Data transported to CLEC by PACIFIC, or to PACIFIC by CLEC, on tape or
cartridge via a courier will have the following physical characteristics:
Tape: 9-track, 6250 (or 1600) BPI (Bytes per inch)
Cartridge: 38,000 BPI (Bytes per inch)
LRECL: 2,472 bytes
Parity: Odd
Character Set: Extended Binary Coded Decimal
Interchange Code (EBCDIC)
External labels: Exchange Carrier name, Dataset Name
(DSN) and volume serial number
Internal labels: IBM Industry OS labels will be used. They
consist of a single volume label and two sets
of header and trailer labels.
One file per sending 104 bytes EMR compacted format plus
location with variable modules as applicable.
length records
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PROVISION OF CUSTOMER USAGE DATA
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PROVISION OF CUSTOMER USAGE DATA
1. INTRODUCTION
1.1 This Attachment sets forth the terms and conditions for PACIFIC's
provision of recorded usage data to CLEC. PACIFIC will record and
provide to CLEC unrated usage data when CLEC purchases Unbundled
Switching Elements or Local Service from PACIFIC ("Recorded Usage
Data").
2. GENERAL REQUIREMENTS FOR RECORDED USAGE DATA
2.1 PACIFIC shall provide CLEC with Recorded Usage Data. PACIFIC will
conform to the format, generic contents, and transmission medium for
providing Recorded Usage Data as specified in the Bellcore EMR
standard (Bellcore Practice BR010-200-010), as modified in Appendix I
to this Attachment 14, which shall be updated periodically by mutual
agreement.
2.2 PACIFIC's provision of Recorded Usage Data to CLEC shall be in
accordance with the performance standards set forth in Attachment 17.
Remedies for failure to meet such performance standards are also set
forth in Attachment 17.
2.3 PACIFIC shall retain Recorded Usage Data in accordance with
applicable law and regulation.
3. USAGE DATA SPECIFICATIONS
3.1 Subject to Section 3.4, when CLEC purchases from PACIFIC Local
Service or LSNE, PACIFIC will provide to CLEC all Recorded Usage Data
relating to local and IntraLATA toll calls originating from CLEC
Customers (business and residence), including, but not limited to,
the categories of information listed below. In addition, subject to
Section 3.4, when CLEC purchases from PACIFIC LSNE, PACIFIC will
provide to CLEC all Recorded Usage Data relating to switched access
calls terminating to CLEC Customers (business and residence),
including, but not limited to, the categories of information listed
below.
3.1.1 Data to be supplied both for calls originating from CLEC customers
(business and residence) and for switched access calls terminating to
CLEC customers (business and residence)
3.1.1.1 All available call attempt data
3.1.1.2 Completed Calls
3.1.2 Data to be supplied for calls originating from CLEC Customers
(Business and Residence)
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3.1.2.1 Use Of Class/Lass/Custom Features which are sold on a pay per use
basis
3.1.2.2 MTS portion of IntraLATA 976 Calls To Information Providers Reached
Via PACIFIC Facilities And Contracted By PACIFIC
3.1.2.3 Calls To Directory Assistance Where PACIFIC Provides Such Service To
CLEC's Local Service Customer
3.1.2.4 Calls Completed Via PACIFIC-Provided Operator Services Where PACIFIC
Provides Such Service To CLEC's Local Service Customer
3.1.2.5 For PACIFIC-Provided Centrex Service, Station Level Detail
3.1.3 Data to be supplied for switched access calls terminating to CLEC
Customers
3.1.3.1 Data identifying the CIC of the originating IEC; and
3.1.3.2 Where available, data identifying the calling party number.
3.2 Records Shall Include Complete Call Detail And Complete Timing
Information.
3.3 PACIFIC shall provide to CLEC Recorded Usage Data for CLEC's
customers only. PACIFIC will not submit other carriers' local usage
data as part of the CLEC Recorded Usage Data. Error procedures set
forth in Appendix I to this Attachment, Section IV, paragraph 1.1.4.
shall apply to any data of other carriers sent in error to CLEC.
3.4 Additional Provisions Regarding Call Detail
3.4.1 Local Service
3.4.1.1 PACIFIC represents and warrants that as of the effective date of this
Agreement it does not record local usage for its own flat rate
customers in the ordinary course of business. There are certain
exceptions where special study or call detail analysis is performed,
e.g., in cases where an incident of telephone harassment is under
investigation. If PACIFIC begins recording local usage for its own
flat rate customers in the ordinary course of business at a future
date, PACIFIC will simultaneously begin such recording for CLEC
resold flat rate customers, at no additional charge. If at a future
date PACIFIC begins recording local usage for its own flat rate
customers served by a particular switch, PACIFIC will simultaneously
begin such recording for CLEC resold flat rate customers served by
that switch, at no additional charge.
3.4.1.2 If CLEC asks PACIFIC to develop the capability to provide CLEC local
usage data on resold flat local service, and PACIFIC does not record
local usage for its own flat rate customers in the ordinary course of
business, PACIFIC shall develop such
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capability consistent with Sec. 1.6 of Attachment 6. In such event,
PACIFIC shall be entitled to track and recover applicable development
costs as set forth in Attachment 8.
3.4.1.3 As of the effective date of this Agreement, in some PACIFIC switches,
the terminating number for measured local calls may not be recorded
during periods of high volume usage. For all such calls, PACIFIC will
inform CLEC of the minutes of use. If and when the limitation
described in this Section is removed, PACIFIC will provide to CLEC at
no additional cost, the terminating number for all measured local
calls, including calls made during periods of high volume usage.
3.4.2 LSNE
3.4.2.1 When CLEC purchases a LSNE from PACIFIC, that LSNE as provided by
PACIFIC will include all the functions and capabilities of the switch
and the software deployed at that time within the switch relating to
recording of usage data, including the capability to record all local
usage and the terminating number. The charge, if any, for the
recording of usage data shall be included in the charge for the LSNE
set forth in Attachment 8.
4. RECORDED USAGE DATA FORMAT
4.1 PACIFIC will provide Recorded Usage Data in the EMR format and by
category, group and record type, as specified in the CLEC Customer
Usage Data Transfer Requirements, November 1996 ("Data
Requirements"), which is attached hereto and incorporated herein as
Appendix I.
4.2 PACIFIC shall include the Working Telephone Number (WTN) of the call
originator on each EMR call record.
4.3 End user customer usage records and station level detail records
shall be in packs in accordance with EMR standards.
4.4 PACIFIC shall append the recording point identification to each EMR
call record the recording point identification or other mutually
agreed upon code that specifically designates the recording switch.
5. RECORDED USAGE DATA REPORTING REQUIREMENTS
5.1 PACIFIC shall segregate and organize the Recorded Usage Data in a
format mutually agreed by the Parties.
5.2 PACIFIC shall provide segregated Recorded Usage Data to multiple CLEC
xxxxxx locations as mutually agreed by the Parties.
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5.3 PACIFIC, at no cost to CLEC, shall transmit to CLEC Recorded Usage
Data in Bellcore EMR format, as modified by Appendix I to this
Attachment, via CONNECT: Direct. If CLEC requests Recorded Usage Data
in a format customized for CLEC, PACIFIC may charge CLEC pursuant to
Attachment 8.
5.4 CLEC will test and certify the CONNECT: Direct interface to ensure
the accurate receipt of Recorded Usage Data. PACIFIC shall make any
changes necessary in the CONNECT: Direct interface to meet the
requirements of this Attachment.
5.5 PACIFIC shall provide Recorded Usage Data to CLEC once a day Monday
through Friday, excluding mutually designated holidays. PACIFIC shall
provide to CLEC the Recorded Usage Data for a Local Service within
the time period specified in Attachment 17 to this Agreement.
5.6 Each Party will establish a single point of contact to respond to
CLEC call usage, data error, and record transmission inquiries from
the other Party.
5.7 The Recorded Usage Data EMR format, content, and transmission process
will be tested by CLEC for compliance with industry standards.
6. RECORDING FAILURES
6.1 CLEC Recorded Usage Data determined to have been lost, damaged or
destroyed as a result of an error or omission by PACIFIC in its
performance of the recording function or due to an aberrant switch
overload of limited duration and frequency, shall, upon CLEC's
request, be recovered by PACIFIC at no charge to CLEC. In the event
the data cannot be recovered by PACIFIC, PACIFIC shall estimate the
messages and associated revenue, with assistance from CLEC, based
upon the method described below. This method will be applied on a
consistent basis, subject to modifications agreed to by PACIFIC and
CLEC. This estimate will be used by the Parties to determine any
amounts owed to CLEC. PACIFIC will provide this amount to CLEC via a
check accompanied by a statement that clearly identifies the purpose
of the check.
6.1.1 PARTIAL LOSS PACIFIC shall review its daily controls to determine if
data has been lost. When there has been a partial loss, actual
message and minute volumes shall be reported, if possible. Where
actual data are not available, a full day shall be estimated for the
recording entity, as outlined in Section 6.1.3 following. The amount
of the partial loss is then determined by subtracting the data
actually recorded for such day from the estimated total for such day.
6.1.2 COMPLETE LOSS Estimated message and minute volumes for each loss
consisting of an entire AMA tape or entire data volume due to its
loss prior to or during processing, loss after receipt, degaussed
before processing, receipt of a blank or unreadable tape, or lost for
other causes, shall be reported.
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6.1.3 ESTIMATED VOLUMES From message and minute volume reports for the
entity experiencing the loss, PACIFIC shall secure message/minute
counts for the four (4) corresponding days of the weeks preceding
that in which the loss occurred and compute an average of these
volumes.
6.1.4 NET LOSS CALCULATION The amount due to CLEC will be calculated based
on the Average Revenue Per Minute (ARPM) minus the average charge per
minute (ACPM) that CLEC would have paid to PACIFIC, times the
estimated lost minutes. The parties shall agree upon the appropriate
ARPM and ACPM to apply.
EXCEPTIONS:
6.1.4.1 If the day of loss is not a holiday but one (1) (or more) of the
preceding corresponding days is a holiday, use additional preceding
weeks in order to procure volumes for two (2) non-holidays in the
previous two (2) weeks that correspond to the day of the week that is
the day of the loss.
6.1.4.2 If the loss occurs on a weekday that is a holiday (except Christmas),
PACIFIC shall use volumes from the two (2) preceding Sundays.
6.1.4.3 If the loss occurs on Mother's Day, Christmas or the Monday after
Thanksgiving, PACIFIC shall use volumes from that day in the
preceding year.
6.2 CLEC may also request data be provided that has previously been
successfully provided by PACIFIC to CLEC, provided the request is
received within forty-five (45) days of original processing. PACIFIC
reserves the right to xxxx XXXX for its direct costs of providing
such data if CLEC makes such a request more than 45 days after
original processing.
7. CLEARINGHOUSE PROCEDURES
7.1 The Parties acknowledge that calls will be placed using the local
service of one Party that will be billable to the customer for local
service of another Party. In order to ensure that these calls are
properly accounted for and billed to the appropriate customer, the
parties have established clearinghouse procedures to accomplish these
objectives in a separate agreement entitled Data Exchange Agreement
for the Settlement of CATS messages and non CATS Messages. The
Parties intend to use best efforts to sign that Agreement by November
30, 1996.
7.1.1 CLEC shall identify a CMDS host for transmitting and receiving
in-collect and out-collect local and intralata messages.
7.1.2 In the event CLEC fails to designate a CMDS host, PACIFIC agrees on
an interim basis, if requested by CLEC, to serve as CLEC's CMDS host
for out-collect billing subject to the rates, terms and conditions as
mutually agreed by the Parties.
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APPENDIX I
TO
ATTACHMENT 14
CUSTOMER USAGE DATA
TRANSFER REQUIREMENTS
NOVEMBER 1996
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TABLE OF CONTENTS
SECTION I - SCOPE
1. General
1.1 Usage Summary
1.2 Attachment Content
SECTION II - PACIFIC USAGE TO BE PROVISIONED TO CLEC
1. General
1.1 Usage to be Transferred to CLEC.
1.1.1 CLEC Usage to be Transferred
1.2 CLEC Usage
SECTION III - PACIFIC TO CLEC USAGE FEED
1. General
1.1 Detailed EMR Record Edits
1.2 Duplicate Record Checks
1.3 PACIFIC to CLEC Usage Feed
1.3.1 Usage Data Transport Requirements
1.3.2 Physical Characteristics
1.3.3. Data Delivery Schedules
1.3.4 Resending Data
1.3.5 Pack Rejection
1.3.6 Held Packs and Messages
1.3.7 Data Content Requirements
1.3.8 Packing Requirements
1.3.9 Dataset Naming Convention
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1.3.10 Control Reports
1.4 Message Validation Reports
1.4.1 Message Validation Pack Reject Report (A7287)
1.4.2 Message Validation Pack Accepted Report (A7288)
1.4.3 Message Validation Detail Error Report (A7289)
1.4.4 Control Reports - Distribution
SECTION IV - CLEC PROCESSING REQUIREMENTS
1. General
1.1 CLEC Rating Process
1.1.1. Message Rating
1.1.2. Application of Taxes/Fees/Surcharges
1.1.3. Duplicate Messages
1.1.4. Record Edits
1.1.4.1 CLEC Record Edits
1.1.4.2 PACIFIC Record Edits
1.1.5. CLEC to PACIFIC Message Returns
SECTION V - TEST PLANS AND ACTIVITIES
1. General
1.1 Interface Testing
1.2 Operational Test
1.3 Test File Transport
SECTION VI - POST DEPLOYMENT ACTIVITIES
1. General
1.1 Control Maintenance and Review
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1.1.1 Periodic Review
1.1.2 Retention of Records
1.2 PACIFIC Software Changes
1.3 Requested Changes
1.4 CLEC Software Changes
1.5 Post Conversion Test Plan
1.5.1 PACIFIC System Change Description
1.5.2 Change Negotiations
1.5.3 Control Change Analysis
1.5.4 Verification of Changes
1.5.5 Introduction of Changes
SECTION VII - APPENDICES
Summary of Appendices
APPENDIX A
PHYSICAL CHARACTERISTICS OF DATA TAPES/CARTRIDGES
APPENDIX B
MESSAGE VALIDATION PACK REJECT REPORT (A7287)
APPENDIX C
MESSAGE VALIDATION PACK ACCEPTED REPORT (A7288)
APPENDIX D
SPECIAL FEATURES STAR SERVICES
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SECTION I
SCOPE
1. GENERAL
This Attachment addresses the transmission by PACIFIC of CLEC usage to CLEC.
1.1 USAGE SUMMARY
Messages will be transmitted, via a direct feed, to CLEC in standard
EMR format.
The following is a list of EMR records that CLEC can expect to
receive from PACIFIC:
Header Record 20-21-01
Trailer Record 20-21-02
Detail Records* 01-01-01, 16, 18, 80, 81,
10-01-01, 16 (when available), 18, 31, 32,
35, 37, 80, 81,
Credit Records 03-01 -XX
Rated Credits 41-01-XX
*Category 01 is usually utilized for Rated Messages; Category 10 is
utilized for Unrated Messages
PACIFIC will provide the above list of detail records as part of its
resale offering. PACIFIC shall make available to CLEC additional
detail records as additional products are added to PACIFIC's resale
offer.
Using the above list as a model, the Parties shall identify by mutual
agreement what detail records shall be provided by PACIFIC to CLEC in
connection with the provision of unbundled elements.
Additional detail records provided by PACIFIC to CLEC in the future,
whether as part of PACIFIC's resale offering or in connection with
the provision of unbundled elements, may have identification numbers
different from those listed above.
In addition, PACIFIC shall provide a 10-01-18 Specialized Service
record to support the Special Features Star Services (see Appendix D
for specific details) if these features are part of PACIFIC's
offering.
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For detailed information regarding EMR, refer to the current version
of the BellCore Practice BRO 00-000-000 Appendix.
1.2 ATTACHMENT CONTENT
This Attachment describes baseline requirements for the transfer of
PACIFIC recorded, unrated usage to CLEC. Testing requirements and the
reports needed to ensure data integrity are also included. Additional
requirements and implementation details may be identified for
conditions unique to PACIFIC. Modifications and/or exceptions to this
Attachment must be negotiated and mutually agreed upon by PACIFIC and
CLEC.
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SECTION II
RECORDED USAGE TO BE TRANSMITTED TO CLEC
1. GENERAL
This section addresses the types of usage to be transmitted by PACIFIC to CLEC.
1.1 USAGE TO BE TRANSFERRED TO CLEC
1.1.1 CLEC USAGE TO BE TRANSFERRED
The following messages recorded by PACIFIC are to be transmitted to
CLEC. PACIFIC recorded usage is defined as:
- intraLATA - Local
- intraLATA-Toll
NOTE: Rated incollect messages should be transmitted via the direct
feed and can be intermingled with the unrated messages. No special
packing is needed.
PACIFIC is developing a direct return feed. CLEC may return via
direct return feed, once developed, any of the above mentioned
messages that cannot be rated and/or billed by CLEC, for reasons
specified in the returns process. Returned messages will be sent to
PACIFIC in EMR format. Standard EMR return codes will be utilized.
File transfer specifications are included within Section III.
1.2 CLEC USAGE
The Recorded Usage Data in a local resale environment includes all
intraLATA toll and local usage. PACIFIC will provide CLEC with
unrated EMR records associated with all intraLATA toll and local
usage which PACIFIC records on CLEC's behalf.
Any Category, Group and/or Record types approved in the future for
PACIFIC will be included if they fall within the definition of this
local resale phase. PACIFIC will give CLEC one hundred twenty (120)
days advance notification of PACIFIC's intended implementation of
additional Category, Group and/or Record types.
NOTE: PACIFIC messages will be packed using the packing criteria
outlined in Section VI. PACIFIC shall pack records for rated messages
and non-rated messages in separate packages. Any request by CLEC for
packing in a different arrangement (for example, using CLEC's XXX)
shall be separately negotiated by the parties and shall be at a
reasonable additional charge to CLEC.
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SECTION III
PACIFIC TO CLEC USAGE FEED GENERAL
1. GENERAL
This section contains the information required for PACIFIC to
transmit the usage defined in Section II to CLEC. This section
specifically addresses the dataset requirements and processing.
1.1 DETAILED EMR RECORD EDITS
CLEC will perform detailed record edits on the unrated and rated
messages upon receipt from PACIFIC. Messages that fail these edits
may be returned to PACIFIC with mutually agreed upon return codes
designated.
1.2 DUPLICATE RECORD CHECKS
CLEC will perform record checks on the unrated and rated messages to
validate that duplicate messages are not sent by PACIFIC to CLEC,
except where valid duplicate messages are applicable, e.g., ISDN
bonded . PACIFIC shall perform record checks to validate that
duplicate messages are not sent to CLEC in accordance with CMDS
standards.
1.3 PACIFIC TO CLEC USAGE FEED
1.3.1 USAGE DATA TRANSPORT REQUIREMENTS
PACIFIC will provide the transport facility between the PACIFIC
location and the CLEC location. It is CLEC's intent that usage data
be transmitted via CONNECT:Direct whenever possible. In the event
usage transfer cannot be accommodated by CONNECT:Direct because of
extended (one business day or longer) facility outages, or if
facilities do not exist, PACIFIC will contract for a courier service
to transport the data via tape.
PACIFIC will provide CLEC with contacts, Remote Identifiers (IDs),
and expected usage data volumes for each sending location.
CLEC will provide contacts responsible for:
Receiving usage transmitted by PACIFIC.
Receiving usage tapes from a courier service in the event of a
facility outage.
1.3.2 PHYSICAL CHARACTERISTICS
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In the event the electronic system for data transmission
malfunctions, by mutual agreement PACIFIC shall provide the data to
CLEC on tape or cartridge by courier. Such data will have the
physical characteristics indicated in Appendix A. CLEC's intent is
for variable block format (2,476 bytes) with a LRECL of 2472.
1.3.3 DATA DELIVERY SCHEDULES
Data will be delivered to CLEC by PACIFIC daily (Monday through
Friday) or as negotiated. CLEC and/or PACIFIC Data Center holidays
are excluded. PACIFIC and CLEC will exchange schedules of designated
Data Center holidays.
1.3.4 RESENDING DATA
CLEC will notify PACIFIC as promptly as possible upon discovery of
resend requirements if a pack or entire dataset must be replaced due
to pack rejection, damage in transit, dataset name failure, etc.
1.3.5 PACK REJECTION
Critical edit failure on the Pack Header or Pack Trailer records will
result in pack rejection (e.g., detail record count not equal to
grand total included in the pack trailer). Notification of pack
rejection will be made by CLEC within one business day of processing.
Rejected packs will be retransmitted to CLEC by PACIFIC.
1.3.6 HELD PACKS AND MESSAGES
CLEC and PACIFIC will track pack number to control input based upon
invoice sequencing criteria. PACIFIC will be notified of sequence
failures identified by CLEC and resend procedures are to be invoked.
1.3.7 DATA CONTENT REQUIREMENTS
EMR is the format to be used for usage data provided to CLEC.
1.3.8 PACKING REQUIREMENTS
A pack shall contain a minimum of one message record or a maximum of
9,999 message records plus a pack header record and a pack trailer
record. A file transmission contains a maximum of 99 packs. A dataset
shall contain a minimum of one pack. PACIFIC will provide CLEC one
dataset per sending location with the agreed upon OCN populated in
the Header and Trailer records.
Within the Header and Trailer records, the FROM XXX identifies the
location that will be sending usage to CLEC. PACIFIC will populate
the FROM XXX field with the
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unique numeric value identifying the location that is sending the
data to CLEC. Also, Pack Header and Trailer will have the OCN
appropriately populated.
The FROM XXX, OCN, and Remote Identifiers will be used by CLEC to
control invoice sequencing and each will have its own invoice
controls. The FROM XXX will also be used to determine where the
message returns file, containing any misdirected and unguidable
usage, will be sent.
The file's Record Format (RECFM) will be Variable Block (VB) Size
2,476 and the Logical Record Length (LRECL) will be 2,472 bytes.
CLEC has no special sort requirements for the packs sent by PACIFIC.
1.3.9 DATASET NAMING CONVENTION
PACIFIC will transmit the usage to CLEC using the following dataset
naming conventions. The dataset name (DSN) will be partitioned into
five nodes, separated by periods as follows:
NODE 1BB03PXNN*
NODE 2.IBMUP
NODE 3 (To be determined during negotiations)
NODE 4.USAGE
NODE 5.GNNNNVNN* (Generational Dataset to be incremented by sender).
*The italicized "N" represents numeric fields determined during
negotiations.
1.3.10 CONTROL REPORTS
CLEC accepts input data provided by PACIFIC in EMR format in
accordance with the requirements and specifications detailed in this
section of the Attachment. In order to ensure the overall integrity
of the usage being transmitted from PACIFIC to CLEC, data transfer
control reports will be required. These reports shall be provided by
CLEC to PACIFIC on a daily or otherwise negotiated basis and reflect
the results of the processing for each pack transmitted by PACIFIC.
1.4 MESSAGE VALIDATION REPORTS
CLEC will provide the following three daily (or otherwise negotiated)
Message Validation reports to the designated PACIFIC System Control
Coordinator. These reports will be provided for all data received
within PACIFIC Local Resale Feed and will
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be transmitted Monday through Friday whether or not there have been
any files transmitted.
1.4.1 MESSAGE VALIDATION PACK REJECT REPORT (A7287)
This report provides information on packs rejected by CLEC. It lists
the header and trailer record of each rejected pack and indicates the
error codes and the associated error message which explains why the
pack was rejected.
An example of the report and a list of Valid Error Codes and
associated error messages are provided in Appendix B.
1.4.2 MESSAGE VALIDATION PACK ACCEPTED REPORT (A7288)
This report provides vital statistics and control totals by Record
ID, Type of Service, Message Counts and Record Counts, for all valid,
rejected and dropped messages. The information is provided in the
following report formats and control levels:
1. PACIFIC Total Messages
2. PACIFIC Total Records
3. XXX Total Messages
4. XXX Total Records
5. Pack Total (Record Counts and Message Counts)
The first four report formats include percentages that indicate the
relationship of the daily input volume by Record ID and Type of
Record to the total input volume provided by an XXX and PACIFIC.
An example of the report is provided in Appendix C.
1.4.3 MESSAGE VALIDATION DETAIL ERROR REPORT (A7289)
An EMR detailed error report is generated for each pack/ invoice that
is received and processed by CLEC. The report lists, in vertical
format, the complete 175 byte EMR record that has failed to pass the
initial edit criteria. It prints this detailed information only for
the first five EMR records that share a common error condition. The
error condition is flagged on the report by one of two possible error
codes preceding the field value. The error codes are:
(C) DENOTES CRITICAL ERRORS
(I) DENOTES INFORMATION ERRORS
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The last two pages of the report for a given pack/invoice provide the
following control totals:
Total Errors for each Field
Total Records Received
Total Records Dropped
Total Records rejected to MIU
Pack Reject Rate
Total Default Count (represents the number of Files on all of the
input records that had to be programmatically altered to meet the EMR
standards and specifications.)
If the entire pack/invoice has been rejected because of a Critical
Error Rate greater than 0.5%, the last page of the report will
display such a statement enclosed in asterisks.
CLEC has provided PACIFIC a sample of this report.
1.4.4 CONTROL REPORTS - DISTRIBUTION
Since PACIFIC is not receiving control reports, dataset names will be
established during detailed negotiations.
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SECTION IV
CLEC PROCESSING REQUIREMENTS GENERAL
1. GENERAL
This section contains requirements for CLEC processing of Recorded
Usage Data that has been transmitted to CLEC for billing.
1.1 CLEC RATING PROCESS
1.1.1 MESSAGE RATING
CLEC will rate any individual messages (as defined in Section II),
that have not already been rated by PACIFIC (information provider
messages will be rated by PACIFIC), prior to transmitting the usage
to a billing environment within CLEC.
1.1.2 APPLICATION OF TAXES/FEES/SURCHARGES
CLEC will apply taxes, fees and surcharges as appropriate for the
individual messages and/or customer accounts. The application of all
taxes, fees and surcharges will be applied on all intralata local and
toll usage received from PACIFIC.
1.1.3 DUPLICATE MESSAGES
CLEC has existing duplicate checks as part of their message
processing or billing functions. CLEC will perform these checks on
the rated/unrated messages sent by PACIFIC duplicate message
disposition procedures and reports will be identified by CLEC during
negotiations.
1.1.4 RECORD EDITS
1.1.4.1 CLEC RECORD EDITS
CLEC will perform detailed record edits on the rated and unrated
messages prior to transmitting them to the billing environment. Rated
& unrated records that do not pass CLEC edits will be returned to
PACIFIC with thirty (30) days of the file date.
1.1.4.2 PACIFIC RECORD EDITS
If PACIFIC has existing detailed record edits for rated and unrated
messages, PACIFIC is to perform these edits.
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Rated and unrated records that do not pass CLEC edits will be
returned to PACIFIC. PACIFIC will attempt to perform error correction
on all records requiring such action as agreed upon through the
detailed negotiations process.
1.1.5 CLEC TO PACIFIC MESSAGE RETURNS
At the discretion of CLEC, messages that have been sent to CLEC by
PACIFIC that cannot be guided to an CLEC billed account or error in
processing due to an error by PACIFIC will be returned to PACIFIC
with the appropriate negotiated return codes.
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SECTION V
TEST PLANS AND ACTIVITIES GENERAL
1. GENERAL
This section defines the PACIFIC and CLEC activities which are
required prior to implementation. The tests and activities described
are necessary to ensure a smooth, accurate and well-programmed
conversion. Specific test dates will be identified through the
negotiations process.
1.1 INTERFACE TESTING
The purpose of this test is to ensure that the usage described in
Section II can be sent by PACIFIC to CLEC and can be accepted and
processed by CLEC. PACIFIC will provide a test file to CLEC's
designated Regional Processing Center (RPC) in the format that will
be used for live day-to-day processing. The file will contain one
full day's production usage. The format of the file will conform to
the requirements shown in Section III. CLEC will review the file and
verify that it conforms to its data center requirements. CLEC will
notify PACIFIC in writing whether the format is acceptable. CLEC will
also provide PACIFIC with the agreed-upon control reports as part of
this test.
1.2 OPERATIONAL TEST
The purpose of this test is to ensure that volumes of usage in
consecutive sequence can be extracted, distributed, and processed by
PACIFIC and CLEC.
PACIFIC is required to provide CLEC with PACIFIC recorded, unrated
intraLATA local and toll usage (as defined in Section II) for a
minimum of five (5) consecutive days. CLEC will provide PACIFIC with
the message validation reports associated with test usage.
CLEC will rate and process the unrated intraLATA toll and local
usage. CLEC will process this data to test bills. CLEC may request
that the test usage contain specific usage volumes and
characteristics to ensure a complete test. Specific usage volumes and
characteristics will be discussed during detailed negotiations.
1.3 TEST FILE TRANSPORT
Test data should be transported via CONNECT:Direct whenever possible.
In the event that courier service must be used to transport test
media the physical tape characteristics to be used are described in
Appendix A.
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SECTION VI
POST DEPLOYMENT ACTIVITIES
1. GENERAL
Requirements for ongoing maintenance of the usage feeds between CLEC
and PACIFIC are described in this section. Included am minimal
requirements for day to day control of the regularly scheduled
transfer of PACIFIC unrated and rated usage data and procedures for
introducing and verifying CLEC/PACIFIC System Changes.
1.1 CONTROL MAINTENANCE AND REVIEW
1.1.1 PERIODIC REVIEW
Control procedures for all usage transferred between PACIFIC and CLEC
will require periodic review. This review may be included as part of
an annual audit of PACIFIC by CLEC or as part of the normal
production interface management function. Breakdowns which impact the
flow of usage between PACIFIC and CLEC must be identified and jointly
resolved as they occur. The resolution may include changes to control
procedures, as similar problems would be avoided in the future. Any
changes to control procedures would need to be mutually agreed upon
by CLEC and PACIFIC.
1.1.2 RETENTION OF RECORDS
PACIFIC shall maintain a machine readable back-up copy of the message
detail provided to CLEC for a minimum of forty-five (45) calendar
days. CLEC will maintain the message detail received from PACIFIC for
a minimum period of forty-five (45) calendar days. Designated CLEC
personnel will provide these records to PACIFIC or its authorized
agents upon written request. PACIFIC will also provide any data back
to CLEC upon their written request.
1.2 PACIFIC SOFTWARE CHANGES
When PACIFIC plans to introduce any software changes which impact the
format or content structure of the usage data feed to CLEC,
designated PACIFIC personnel shall notify CLEC of such changes within
any time period specified by the FCC or CPUC for that purpose, and in
any event will use reasonable best efforts to notify CLEC no less
than one hundred twenty (120) calendar days before such changes are
Implemented.
PACIFIC will communicate the projected changes to the appropriate
groups in CLEC so that potential impacts on CLEC processing can be
determined.
CLEC personnel will review the impact of the change or the entire
control structure as described in Section 1.5, Post Conversion Test
Plan. CLEC will negotiate any perceived
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problems with PACIFIC and will arrange to have the data tested
utilizing the modified software.
If it is necessary for PACIFIC to request changes in the schedule,
content or format of usage data transmitted to CLEC, PACIFIC will
notify CLEC.
1.3 REQUESTED CHANGES
If it is necessary for either Party to request changes in the
schedule, content, or format of the usage data transmitted from
PACIFIC, the requesting Party will notify the other Party and the
terms and conditions of the change shall be mutually agreed upon
pursuant to the process set forth in Section 1.5.2. When the
negotiated changes are to be implemented, CLEC and/or PACIFIC will
arrange for testing of the modified data as described in Section 1.5,
Post Conversion Test Plan.
1.4 CLEC SOFTWARE CHANGES
When CLEC plans to introduce any software changes which may impact
the format or content structure of the usage data transmitted from
PACIFIC, CLEC will use reasonable best efforts to notify the
designated PACIFIC personnel, no less than one hundred twenty (120)
calendar days before such changes are implemented.
The CLEC contact will communicate the projected changes to the
appropriate groups in PACIFIC so that potential impacts on PACIFIC
processing can be determined.
CLEC will negotiate any perceived problems with PACIFIC and will
arrange to have the data tested utilizing the modified software.
Altering the one hundred twenty (120) day window for introducing
software changes can be negotiated by both companies, dependent upon
the scope and impact of the change.
1.5 POST-CONVERSION TEST PLAN
The test plan described below is designed to encompass all types of
changes to the usage data transferred by PACIFIC to CLEC and the
methods of transmission for that data.
1.5.1 PACIFIC SYSTEM CHANGE DESCRIPTION
For a PACIFIC system change that would be reasonably likely to impact
CLEC, PACIFIC shall provide CLEC with an overall description of the
change, stating the objective and a brief explanation of the reasons
for the change.
During the initial negotiations regarding the change, PACIFIC shall
provide a list of the specific records and/or systems impacted by the
change to designated CLEC personnel.
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Finally, PACIFIC shall also provide CLEC a detailed description of
the changes to be implemented. It shall include sufficient detail for
designated CLEC personnel to analyze and estimate the effects of the
changes and to design tests to verify the accuracy of the
implementation.
1.5.2 CHANGE NEGOTIATIONS
PACIFIC will notify CLEC in writing of all proposed change
negotiations initiated by PACIFIC. In turn, CLEC will notify PACIFIC
in writing of proposed change negotiations initiated by CLEC.
After formal notification of planned changes, whether originated by
PACIFIC or CLEC, negotiation meetings shall be scheduled between
designated CLEC and PACIFIC personnel. The first meeting should
produce the overall change description (if not previously furnished)
and the list of records and/or systems affected.
In subsequent meetings, the Parties shall jointly develop a detailed
description of changes to be implemented and a detailed test
procedure.
1.5.3 CONTROL CHANGE ANALYSIS
Based on the detailed description of the changes and review thereof
by the parties in negotiation meetings, designated CLEC personnel
will:
1.5.3.1 Determine the impact of the changes on the overall structure.
1.5.3.2 Determine whether any single change has a potential control impact
(i.e., High error rate on individual records that might result in
pack rejection).
1.5.3.3 Determine whether any controls might be adversely affected.
1.5.3.4 Arrange for appropriate control structure changes to meet any of the
above conditions.
1.5.4 VERIFICATION OF CHANGES
Based on the detailed description of changes and review thereof in
negotiation meetings, designated CLEC personnel will:
1.5.4.1 Determine the type of change(s) to be implemented.
1.5.4.2 Develop a comprehensive test plan.
1.5.4.3 Negotiate scheduling and transfer of modified data with PACIFIC.
1.5.4.4 Negotiate testing of modified data with the appropriate CLEC Regional
Processing Center ("RPC").
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1.5.4.5 Negotiate processing of verified data through the CLEC billing system
with the RPC.
1.5.4.6 Arrange for review and verification of testing with appropriate CLEC
groups.
1.5.4.7 Arrange for review of modified controls, if applicable.
1.5.5 INTRODUCTION OF CHANGES
When all the testing requirements have been met and the results
reviewed and accepted, designated CLEC personnel will:
1.5.5.1 Negotiate an implementation schedule.
1.5.5.2 Verify the existence of a contingency plan with the appropriate CLEC
RPC.
1.5.5.3 Arrange for the follow-up review of changes with appropriate CLEC
personnel.
1.5.5.4 Arrange for appropriate changes in control program, if applicable.
1.5.4.5 Arrange for long-term functional review of impact of changes on the
CLEC billing system, i.e., accuracy, timeliness, and completeness.
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SECTION VII
APPENDICES
SUMMARY OF APPENDICES
APPENDIX A
PHYSICAL CHARACTERISTICS OF DATA TAPES/CARTRIDGES
APPENDIX B
MESSAGE VALIDATION PACK REJECT REPORT (A7287)
APPENDIX C
MESSAGE VALIDATION PACK ACCEPTED REPORT (A7288)
APPENDIX D
SPECIAL FEATURES STAR SERVICES
000
XXXXXXXX X
MESSAGE VALIDATION PACK REJECT REPORT (A7287) MM/DD/YY
HH:MM:SS
RETEN CODE: 01R-00300
--------------------------------------------------------------------------------
COMPANY XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX REMOTE ID 9999X FROM BSID 999
HEADER RECORD ID DATE CREATED INVOICE NUMBER XXXX CO ID XXXX XXX IX CARRIER IND CO ID
------ --------- ------------ -------------- ---------- -------- ---------- ---------
999999 99-99-99 99 99 999 999 9999
TOTAL REC.
12/12/96
250
RECORD ID
TRAILER COUNT DATE CREATED INVOICE NUMBER XXXX CO ID XXXX XXX IX CARRIER IND CO ID
------- --------- ------------ -------------- ---------- -------- ---------- ---------
999999 99-99-99 99 99 999 999 9999
99,999
ERRORS ERROR CODE ERROR MESSAGE
------ ---------- -------------
EC99.9
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
000
XXXXXXXX X (CONT'D)
MESSAGE VALIDATION PACK REJECT REPORT (A7287)
ERROR CODE ERROR MESSAGES
EC01.2 First record after trailer is not a Pack Header.
EC03.2 From XXX is not numeric.
EC04.3 Invoice number on header invalid.
EC04.5 Company ID not numeric.
EC04.6 Independent company ID is not numeric.
EC04.7 Header Record ID is invalid.
EC04.8 Trailer Record ID is invalid.
EC04.9 Trailer Record ID is invalid.
EC05.0 Duplicate pack.
252
EC05.1 Old Pack.
EC05.2 XXX not found on table.
EC07.3 Error rate greater than invoice file threshold for XXX
invoice number.
EC012.0 Remote ID in Dataset is not valid.
EC020.0 No detail records in pack.
EC013.0 Invalid status on Pack Header.
EC027.0 Pack exceeds limit of 9,999 detail records.
EC040.9 Pack Header record is missing.
EC041.0 Trailer record is missing.
EC042.0 Trailer message volume is not equal to
accumulated message volume.
EC044.0 Header/Trailer date is invalid.
253
EC45.0 From XXX on Trailer Record is not equal to the from XXX
on Header Record.
EC48.0 Invoice number on Trailer Record is not equal to the
invoice number on the Header Record.
254
APPENDIX C
MESSAGE VALIDATION PACK ACCEPTED REPORT (A7288)
MM/DD/YY-----HH:MM:SS
RETEN CODE: 01R-00300
--------------------------------------------------------------------------------
COMPANY XXXXXXXXXXXXXXXXXXXXXXXXXX FROM XXX INVOICE NO. DATE CREATED
TOTAL RECORDS RECEIVED
------------------------------------------999-----------99----------MM/DD/YY----
--------ZZ.ZZ9
----------RECORD
COUNTS-----------------------MESSAGE COUNTS--------------------------------
---
12/12/96
255
RECORD ID TYPE OF RECORDVALID-----REJECTED-----DROPPED-----TOTAL-----VALID-----
REJECTED-----DROPPED-----TOTAL
010102 OUTWATS (NON-SMDR)ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010103 OUTWATS(SMDR)ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010104 800 SERVICEZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
TOTAL WATS/800
010101 MTS ZZ.ZZ9 ZZ.ZZ9
ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010106 NON-DIAL CONFER BRIDGEZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010107 NON-DIAL CONFER LEG RECORDZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
256
010108 DIAL CONFERENCE BRIDGE ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010111 ALLIANCE (AGTC) ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010116 DIAL-IT SERVICE ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010132 DIRECTORY ASSISTANCE ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010180 MARINE/AIRCRAFT ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010181 RADIO LINK ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010182 MARINE NON-DIAL CONFER BRIDGE ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010183 MARINE NON-DIAL CONFER LEG REC. ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
0101XX OTHER MTS RECORDS ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
12/12/96
257
TOTAL NORTH AMERICAN MTS
010201 IOTC/IODD MTS ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
0102XX IOTC/IDDD OTHERS ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010301 IOTC BFC MTS ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
0103XX IOTC BFC OTHERS ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010401 IOC MTS ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZ9 ZZ.ZZ9
ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
0104XX IOC OTHERS ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
010501 IOC MTS ZZ.ZZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
12/12/96
258
0105XX IOC OTHERSZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
TOTAL OVERSEAS MTS
015002 OUTWATS LINE SUMMARYZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
015004 800 LINE SUMMARYZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
015004 DIR. ASSISTANCE LINE SUMMARYZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
03XXXX CREDIT REQUESTSZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
51/52 CANCEL REQUESTSZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
12/12/96
259
71/72 CORRECTION REQUESTSZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
INVALID RECORD IDENTIFICATION ZZ.ZZ9 ZZ.ZZZ9
ZZ.ZZZ9 ZZ.ZZZ9
PACK TOTALS ZZ.ZZ9 ZZ.ZZ9ZZ.ZZ9 ZZ.ZZ9 ZZ.ZZZ9 ZZ.ZZZ9 ZZ.ZZZ9
12/12/96
000
Xxxxxxxx X
Page 2
APPENDIX D
SPECIAL FEATURES STAR SERVICES
The following are CLASS subscription or "pay per use" (STAR) Services supported
by these Local Resale requirements to date. When identified, additional services
can be negotiated to be included in this Resale offer.
1) Auto Recall/....................This feature allows a customer to redial a
Call Return number when a Busy signal is encountered.
2) Auto Callback/Repeat Dialing....This feature allows a customer to
automatically return the most recent incoming
call, even if it is not answered.
The following CLASS subscription service is available for Local Resale. CLEC
requires a usage record in order to provide call trace information to law
enforcement authorities.
1) Call Trace......................This feature allows the tracing of
nuisance calls.
The following are CLASS services are only available thru monthly subscription
and are available for Local Resale only on a monthly subscription basis.
1) 3-Way Calling...................This feature allows for three (3) Parties to
communicate on one line.
2) Automatic Redial................This feature allows a customer to
automatically redial the last number dialed.
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9/4/98
To provide for the transfer and billing of these features the following
requirements apply:
For the following CLASS subscription and "per use" (STAR) Features the
'Miscellaneous Charge Line Summary Non-Detail Charge' 10-01-18 record should be
used and be populated as follows:
CONNECT TIME POSITIONS 55-60 MUST BE POPULATED
------------ --------------- -----------------
TO PLACE/ST. POSITIONS 000-000 0) AUTO REDIAL/CALL RETURN
FEATURE CODE 32, 62, 60
TO PLACE/ST. POSITIONS 000-000 0) AUTO CALL BACK/REPEAT DIALING
POPULATE WITH FEATURE CODE 33, 61, 63
TO PLACE/ST. POSITIONS 000-000 0) CALL TRACE
POPULATE WITH FEATURE CODE 70
TO PLACE/ST. POSITIONS 135-146 4) 3-WAY CALLING
NOT APPLICABLE
TO PLACE/ST. POSITIONS 135-146 5) AUTOMATIC REDIAL
NOT APPLICABLE
NOTE: For fields not specifically defined, the standard EMR format for a
10-01-08 record should be used.
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ATTACHMENT 15
LOCAL NUMBER PORTABILITY AND NUMBER ASSIGNMENT
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LOCAL NUMBER PORTABILITY
AND NUMBER ASSIGNMENT
1. PROVISION OF LOCAL NUMBER PORTABILITY
1.1 Each Party shall provide, to the extent technically feasible, service
provider local Number Portability, subject to the Act, regulations
thereunder and relevant FCC and Commission decisions. Until permanent
Number Portability ("PNP") is available, each party shall provide
Interim Number Portability ("INP"), through RCF and LERG reassignment,
as described herein, immediately upon notification that CLEC is
commencing facilities-based local exchange service on CLEC-provided
facilities. Each Party shall provide INP through Flex DID and/or Route
Indexing, as described below, no later than one hundred eighty (180)
days after the effective date of this agreement or immediately upon
CLEC's notification that it is commencing facilities-based local
exchange service on CLEC-provided facilities, which ever occurs later.
Each Party will provide INP with minimum impairment of functionality,
quality, reliability and convenience to the other Party's subscriber.
Each Party will provide PNP as soon as it is technically feasible, in
conformance with FCC rules and the Act.
2. INTERIM NUMBER PORTABILITY (INP)
2.1 INP shall be provided by Remote Call Forwarding ("RCF"), Flexible
Direct Inward Dialing ("Flex DID"), Route Indexing ("RI") or Local
Exchange Routing Guide ("LERG") Reassignment as provided herein. The
Party that operates the switch to which the number is ported
("Ported-to Party") shall specify on a per telephone number or customer
type basis which method is to be employed, and the Party that operates
the switch from which the number is ported ("Porting Party") shall
provide such method to the extent technically feasible. Both Parties
agree to release ported telephone line numbers which were ported using
INP methods other than LERG Reassignment, back to the Porting Party
assigned an NXX in the LERG when the ported telephone line number
"becomes vacant" (i.e., when the ported number is no longer in service
for the customer originally assigned the ported number), and any
applicable referral/intercept period has expired.
2.2 REMOTE CALL FORWARDING (RCF)
2.2.1 When RCF, which PACIFIC refers to as DNCF, is used to provide INP,
calls to the ported number will first route to the Porting Party's
switch. The Porting Party's switch will then forward the call to a
second "shadow" number with an NXX associated with the Ported-to
Party's switch. If necessary to handle multiple simultaneous calls to
the same ported telephone number, the Ported-to Party may order up to
ninety-nine (99) paths for the provisioning of RCF.
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2.2.2 PACIFIC shall provide RCF INP to CLEC pursuant to the terms of
PACIFIC's DNCF tariff (including any modification subsequently adopted
by the Commission) filed by PACIFIC.
2.2.3 DNCF and CLEC's equivalent RCF INP service calls will be delivered over
Local Interconnection Trunk Groups. Each Party's customers will have
the ability to receive collect calls and xxxx to third party numbers.
Call quality will be equivalent to that which other RCF customers
receive.
2.3 FLEX DID
2.3.1 When Flex DID is used to provide INP, calls to the ported number will
first route to the Porting Party's switch. The Porting Party's switch
will then direct calls to the ported number over direct trunks to the
Ported-to Party's switch. At the option of the Ported-to Party, and
where technically feasible, Flex DID may be used to port either a block
of telephone numbers or an individual telephone number, and Flex DID
may be provisioned to allow a full ten (10) digit telephone number to
be sent to the Ported-to Party's switch.
2.3.2 Flex DID will be delivered over dedicated truck groups using either MF
or SS7 signaling, where technically feasible, at the option of the
Ported-to Party.
2.4 ROUTE INDEXING
2.4.1 Route Indexing (RI) may take two forms: Route Indexing Portability Hub
(RIPH) or Directory Number Route Index (DN-RI).
2.4.2 DN-RI is a form of RI that requires direct trunking between the Porting
Party's switch to which the ported number was originally assigned and
the Ported-to Party's switch to which the number has been ported. The
Porting Party's switch shall send the originally dialed number to the
Ported-to Party's switch without the use of steering digits.
2.4.3 RI-PH will be delivered over Local Interconnection Trunk Groups. DN-RI
will be delivered over dedicated trunks using SS7 signaling
2.4.4 If the tandem switch is not operated by the Porting Party, the Porting
Party will make whatever process and compensation arrangements with the
tandem provider that are necessary to implement the steering digits for
RI-PH.
2.5 LERG REASSIGNMENT
If a customer has an entire NXX code and transfers from the Porting
Party to the Ported-to Party, portability for that customer shall be
provided by utilizing reassignment of the NXX code to the Ported-to
Party through the Local Exchange Routing Guide (LERG). Updates to
translations in the Porting Party's switching office to which the
ported numbers were originally assigned will be made by the Porting
Party prior to the date on
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which LERG changes become effective, in order to redirect calls to the
Ported-to Party's switch via route indexing.
3. OTHER INTERIM PORTABILITY PROVISIONS
3.1 With regard to the division of terminating Switched Access revenues
associated with RCF, Flex DID and RI, the Porting Party shall pay the
Ported-to Party $1.75 per month for each business line and $1.25 per
month for each residence line associated with the INP arrangement.
Determination of the number of lines to which the above payment shall
apply will be made at the time the INP arrangement is established. The
payment shall be made based on the total number of lines included in
the same hunting arrangement as the INP number. Partial months will be
paid on a prorated basis and such payment shall continue until the INP
arrangement is disconnected or PNP is made available for the INP
number, whichever occurs first. Such amount is in consideration of the
Switched Access compensation and reciprocal compensation that would
have been received by each Party if PNP had been in effect.
3.2 With RCF, Flex DID with SS7, DN-RI, or RI-PH, each Party shall exchange
with the other Party, SS7 TCAP messages as required for the
implementation of Custom Local Area Signaling Services (CLASS) or other
features available in each Party's network.
3.3 Each Party shall disclose to the other Party any technical or capacity
limitations that would prevent use of a requested INP implementation in
a particular switching office. Both Parties shall cooperate in the
process of porting numbers to minimize customer out-of-service time,
including updating switch translations where necessary.
3.4 With respect to 911 service associated with ported numbers under INP,
the Porting Party agrees that all ported directory numbers (DN) will
remain in the Public Service Answering Points (PSAP) routing databases.
When RCF INP or other INP methods that use a shadow number are used, it
is the responsibility of the Ported-to Party to provide both the ported
numbers and shadow numbers to the Porting Party to be stored in the
Porting Party's appropriate databases. CLEC will input the ported
number and the shadow number with CLEC's data via the E 911 Management
System (MS) Gateway for storage in the MS. The Ported-to Party shall
have the right to verify the accuracy of the information in the
appropriate databases. CLEC may verify the accuracy of the information
in the E 911 MS via the MS Gateway.
4. PERMANENT NUMBER PORTABILITY (PNP)
4.1 The Parties agree to implement PNP, in compliance with FCC or CPUC
orders, within and between their networks as soon as technically
feasible, but no later than the schedule established by the FCC or
CPUC.
4.2 Each Party shall recover its costs for PNP in accordance with FCC or
CPUC orders.
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4.3 The Parties agree to comply with such industry guidelines as may be
established for the treatment of vacant telephone numbers, including
provisions for number pooling, where available.
4.4 To the extent that a query is performed or required to be performed,
each Party will make arrangements to perform its own queries for PNP
calls.
5. REQUIREMENTS FOR INP AND PNP
5.1 CUT-OVER PROCESS
The Parties shall cooperate in the process of porting numbers from one
carrier to another so as to limit service outage for the ported
subscriber. This may include, but not be limited to, the Porting Party
promptly updating its network element translations following
notification by the industry SMS, or ported-to local service provider,
and deploying such temporary translations as may be required to
minimize service outage, e.g., unconditional triggers. The Parties
agree to comply with such industry guidelines as may be established in
the appropriate subcommittees of the California Local Number
Portability Task Force for the cut-over process.
5.2 TESTING
Both Parties shall cooperate in conducting testing to ensure
interconnectivity between systems. Each Party shall inform the other
Party of any system updates that may affect the other Party's network
and each Party shall, at the other Party's request, perform tests to
validate the operation of the network. Additional testing requirements
may apply as specified by this Agreement.
5.3 NON-GEOGRAPHICAL NUMBERS
Neither Party shall be required to provide Number Portability for
nongeographic services (i.e., 500, 700 and 900 Service Access Codes
(SACs), and 976 NXX and similar services) under this Agreement.
5.4 ENGINEERING AND MAINTENANCE
Both Parties will cooperate to ensure that performance of trunking and
signaling capacity is engineered and managed at levels which are at
least at parity with that provided by the other Party to its
subscribers and to ensure effective maintenance testing through
activities such as routine testing practices, network trouble isolation
processes and review of operational elements for translations, routing
and network fault isolation. Additional specific engineering and
maintenance requirements shall apply as specified in this Agreement.
For subscribers ported by INP using RCF, Flex DID, or RI, the Ported-to
Party shall perform appropriate testing to isolate trouble prior to
referring repair requests to the Porting Party. For subscribers ported
by PNP, trouble shooting by the Porting Party shall generally involve
verification that a proper location routing number has been
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entered into the system, and other trouble shooting as may be
established in industry guidelines.
5.5 RECORDING AND BILLING
5.5.1 The Porting Party shall provide the Ported-to Party with accurate
billing and Customer Account Record Exchange data for the Ported-to
Party's subscribers whose numbers have been ported.
5.5.2 Calls originated from RCF ported numbers in the Porting Party
end-offices and sent to the Ported-to Party interLATA toll network must
signal the shadow number in the Calling Party Number (CgPN) parameter
and ported number in the Charge Number (CN) parameter in the SS7
Initial Address Message.
5.6 Treatment of Telephone Line Number Based Calling Cards
5.6.1 PACIFIC shall remove from its Line Information Data Base (LIDB) all
existing PACIFIC- issued Telephone Line Number (TLN)-based card numbers
issued to a customer, when that customer ports the associated telephone
numbers to CLEC
5.6.2 PACIFIC shall continue to allow CLEC access to its LIDB. Other LIDB
provisions are specified in this Agreement.
6. ASSIGNMENT OF NXX CODES AND TELEPHONE NUMBERS
6.1 The Parties agree, in principle, that the administration and assignment
of Central Office Codes ("NXXs") should be moved from PACIFIC to a
neutral third party. In the interim, where PACIFIC functions as
California Code Administrator, the following provisions apply:
6.1.1 Each Party will comply with Industry Carriers Compatibility Forum
("ICCF") Central Office Code (NXX) Assignment Guidelines, INC
00-0000-000 ("ICCF Guidelines").
6.1.2 Unless the FCC adopts rules that differ from the ICCF Central Office
Code Assignment Guidelines, PACIFIC will assign NXX codes to CLEC
according to those Guidelines in a competitively neutral manner and on
a basis no less favorable than that on which PACIFIC assigns codes to
itself. These Number Administrator functions will be provided without
charge. Number Administrator functions do not include opening NXX
Codes.
6.1.3 It shall be the responsibility of each Party to program and update its
own switches and network systems to recognize and route traffic to the
other Party's assigned NXX codes at all times. Neither PACIFIC nor CLEC
shall charge each other for changes to switch routing software
necessitated by the creation, assignment or reassignment or activation
of NPA or NXX codes, so long as the requirement set forth at page 84 of
Commission Decision 00-00-000 remains in place.
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6.1.4 The Parties will each be responsible for the electronic input of their
respective number assignment information into the Routing Database
System.
6.1.5 The Parties will provide to each other test-line numbers and access to
test lines, including a test-line number that returns answer
supervision in each NPA-NXX opened by a Party.
6.1.6 PACIFIC, in its role as the California Code Administrator, will provide
routine reporting on NXX availability, consistent with the orders of
the Commission.
6.1.7 The Parties agree that any forecasts required to be submitted prior to
establishment of an independent third party administrator will be
considered confidential and proprietary, and will only be made
available to the California Code Administrator for the purposes of code
assignment and administration.
6.2 In those circumstances where CLEC assigns its customers telephone
numbers from an NXX assigned in the LERG to PACIFIC, CLEC shall be able
to obtain and assign telephone numbers from PACIFIC in the same manner
that PACIFIC performs these functions for its own customers.
6.2.1 CLEC can request, review, reserve, exchange and return telephone
numbers for up to five basic exchange or COPT lines or single-line
ISDN, on an electronic, real-time basis to allow assignment during
service negotiation with the CLEC's customer. Such access shall be
provided as described with respect to the Operational Support Services
("OSS") functions set forth in Attachment 11.
6.2.2 Number assignments other than those described in Section 6.2.1. above,
including specialty numbers and complex product assignments, will be
obtained through a telephone call to the unbranded Number Assignment
Center (NAC) in the LISC. This NAC is unbranded to allow CLEC to
include its customer in the call without indication that they are
interacting with PACIFIC.
6.3 CLEC will be provided with electronic access for additional number
products as soon as such access is made available by PACIFIC. Such
access shall be provided as described with respect to other OSS
functions set forth in Attachment 11.
269
ATTACHMENT 16
SECURITY
270
Attachment 16
Page 1
1. PROTECTION OF SERVICE AND PROPERTY
1.1. For the purpose of notice permitted or required by this Attachment,
each Party shall provide the other Party a SPOC available twenty-four
(24) hours a day, seven (7) days a week.
1.2. PACIFIC and CLEC shall each exercise the highest degree of care to
prevent harm or damage to the other Party, its employees, agents or
customers, or their property. Each Party, its employees, agents, or
representatives agree to take reasonable and prudent steps to ensure
the adequate protection of property and services of the other Party.
1.3. Each Party having on its premises any equipment, support equipment,
systems, tools and data of the other Party, or spaces which contain or
house the other Party's equipment or equipment enclosures, shall
restrict access thereto to employees and authorized agents of that
other Party.
1.4. PACIFIC shall use electronic controls to protect all spaces which house
or contain CLEC equipment or equipment enclosures, but if electronic
controls are not available, PACIFIC shall either furnish security
guards at those PACIFIC locations already protected by security guards
on a seven (7) day per week, twenty-four (24) hour a day basis; and if
none, PACIFIC shall permit CLEC to install silent intrusion alarms back
to manned sites. CLEC agrees that PACIFIC shall be the SPOC with all
law enforcement authorities or public agencies with respect to problems
or alarms related to CLEC's equipment or equipment enclosures located
on PACIFIC's premises. In no event will CLEC contact law enforcement
authorities or public agencies as a result of a silent alarm.
1.5. PACIFIC shall furnish to CLEC a current written list of PACIFIC's
employees who PACIFIC authorizes to enter spaces which house or contain
CLEC equipment or equipment enclosures, with samples of the identifying
credentials to be carried by such persons.
1.6. CLEC shall furnish to PACIFIC a current written list of CLEC's
employees or agents who CLEC authorizes to enter PACIFIC's Central
Offices, with samples of identifying credentials to be carried by such
persons.
1.7. With respect to any equipment, support equipment, systems, tools and
data of one Party on the premises of the other Party, or spaces which
contain or house the other Party's equipment or equipment enclosures,
each Party shall comply with the security and safety procedures and
requirements of the Party that owns or controls the premises, including
but not limited to sign-in, identification and escort requirements.
1.8. PACIFIC shall allow CLEC to inspect or observe spaces which house or
contain CLEC equipment or equipment enclosures at any time within
normal business hours and shall furnish CLEC with all keys, entry
codes, lock combinations, or other materials or information which may
be needed to gain entry into any secured CLEC space. In the
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Attachment 16
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event of an emergency, CLEC shall contact a SPOC provided by PACIFIC
for access to spaces which house or contain CLEC equipment or equipment
enclosures. Such PACIFIC SPOC shall available to receive calls from
CLEC twenty-four (24) hours a day, seven (7) days a week and make
access available to CLEC within three (3) hours after receiving a call
from CLEC.
1.9. PACIFIC agrees not to use card access readers and devices that use
cards which are encoded identically, or that use mechanical coded locks
on external doors or on internal doors to spaces which house mission
critical equipment or equipment which supports the mission critical
equipment.
1.10. Keys used in PACIFIC's keying systems for spaces which contain or house
CLEC equipment or equipment enclosures shall be limited to PACIFIC
employees and representatives for emergency access only. CLEC shall
have the right to require PACIFIC to change locks at PACIFIC's expense
where there is evidence of inadequate security. In all other cases,
CLEC may require PACIFIC to change locks at CLEC's expense.
1.11. PACIFIC shall install security studs in the hinge plates of doors
having exposed hinges if such doors lead to spaces which contain or
house CLEC equipment or equipment enclosures.
1.12. PACIFIC shall use reasonable measures to control' unauthorized access
from passenger and freight elevators to spaces which contain or house
CLEC equipment or equipment enclosures.
1.13. PACIFIC shall provide notification within two (2) hours to designated
CLEC personnel to indicate an actual or attempted security breach.
2. ADDITIONAL PROVISIONS APPLICABLE TO COLLOCATION SPACES
2.1. PACIFIC shall be responsible for the security of CLEC's collocation
spaces. Security measures shall meet or exceed CLEC '5 requirements. If
a security issue arises or if CLEC believes that PACIFIC's security
measures fail to meet CLEC's requirements, CLEC shall notify PACIFIC
and the Parties shall work together to address the problem. PACIFIC
shall, at a minimum, do the following:
2.2. PACIFIC shall design collocation cages to prevent unauthorized access.
2.3. PACIFIC shall establish procedures for controlling access to the
collocation areas by employees, security guards and others. Those
procedures shall limit access to the collocation equipment areas to
PACIFIC's employees, agents or invitees having a business need to be in
these areas. PACIFIC shall require all persons entering the collocation
equipment areas to wear identification badges.
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2.4. PACIFIC shall provide card key access to all collocation equipment
areas, along with a positive key control system for each collocator's
cage area.
2.5. CLEC security personal may audit the collocation area at a PACIFIC
location for compliance with security procedures.
3. DISASTER RECOVERY
3.1. PACIFIC shall maintain for CLEC the same level of disaster recovery
capability to be used in the event of a system failure or emergency as
PACIFIC provides for itself. PACIFIC will provide CLEC with a written
summary of such capability within 30 days after the effective date of
this Agreement, subject to the non-disclosure provisions of this
Agreement.
4. DATA PROTECTION
4.1. Each Party shall install controls in any of its data bases to which the
other Party has access:
4.1.1. to deny access to data base users after a pre-determined period of
inactivity; and
4.1.2. to protect the other Party's proprietary information and the other
Party's customer proprietary information.
4.2. PACIFIC shall maintain controls over databases used by CLEC to protect
both ongoing operational and update integrity, at parity with control
features that PACIFIC provides to itself.
4.3. Each party shall assure that all approved system and modem access is
secured through security servers. Access to or connection with a
network element shall be established through a secure network or
security gateway.
4.4. With respect to access to the network or gateway of the other Party,
each party will comply with the other Party's corporate security
instructions for computer and network security.
5. NETWORK FRAUD CONTROL
5.1. PACIFIC shall make available to CLEC for use with any services provided
by PACIFIC to CLEC under this Agreement all present and future fraud
control features, including prevention, detection, or control
functionality utilized in PACIFIC's network. At present these features
include (1) disallowance of call forwarding to international locations,
(ii) coin originating XXX XX digits, and (iii) dial tone reorigination
patches, (iv) terminating blocking of 800 and (v) 900/976 blocking.
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5.2. In addition, subject to section 5.3.3 below and Section 1.6 of
Attachment 6, PACIFIC shall provide partitioned access within pertinent
Operations Support Systems ("OSS") for fraud control.
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5.3. Rates:
5.3.1. Terminating blocking of 800 and 900/976 blocking are available as Local
Services, at the rates specified in Attachment 8.
5.3.2. Disallowance of call forwarding to international locations, coin
originating XXX XX digits, and dial tone reorigination patches, are
available with Local Services, basic exchange service or LSNE, at no
additional charge.
5.3.3. Future fraud control features and functionalities will be available at
rates, if any, subject to the Act, regulations thereunder and relevant
FCC and Commission decisions.
6. LAW ENFORCEMENT INTERFACE
6.1. Each Party shall provide the other Party with a single point of contact
to interface on a twenty-four (24) hour, seven (7) day a week basis on
law enforcement and service annoyance issues, including, without
limitation, call traces, wiretaps and traps.
6.2. PACIFIC will provide necessary assistance to law enforcement personnel
to facilitate the execution of court orders addressed to PACIFIC that
authorize wiretaps and dialed number recorders relating to services and
facilities of CLEC customers. PACIFIC will notify law enforcement
personnel that the court order applies to an CLEC circuit, not a
PACIFIC circuit. PACIFIC will xxxx the appropriate law enforcement
agency for these services under its customary practices.
6.3. When requested by CLEC for security purposes, PACIFIC shall use
reasonable best efforts to provide CLEC with Recorded Usage Data within
two hours of the call completion but in any event shall provide such
data not later than twenty-four hours of call completion. The Data may
be provided in AMA format.
6.4. To the extent required by law, PACIFIC shall provide soft dial tone to
allow only the completion of calls to final termination points required
by law.
275
ATTACHMENT 17
SERVICE PERFORMANCE MEASURES AND
LIQUIDATED DAMAGES
276
SERVICE PERFORMANCE MEASURES
TABLE OF CONTENTS
SECTION PAGE
------- ----
A. Performance Index and Measurements:
A.1. Provisioning 2
A.2. Maintenance 8
A.3. Wholesale Billing 10
A.4. Customer Usage Data 11
B. Performance Remedies (Liquidated Damages) 16
277
ATTACHMENT 17
Page 1
INTRODUCTION
I. Pursuant to Section 12 of this Agreement, Section A of this Attachment
17 sets forth the service standards, measurements, and performance
applicable to Local Services, Network Elements or Combinations provided
under this Agreement.
Section B of this Attachment 17 sets forth liquidated damages to be paid
in the event that specified failures of performance occur.
As experience is acquired under this Agreement with the new business
processes established, the Parties expect to learn which measurements
set forth in Section A are more or less useful than others. The Parties
also expect that experience will show whether new measurements are
needed or whether certain existing measurements are not needed.
Accordingly, while this Agreement is in effect, either Party may, from
time to time, request the addition, deletion or modification of the
measures set forth in Section A. In the event the Parties cannot agree
on such addition, deletion or modification they will submit such dispute
for resolution to an Inter-Company Review Board, as identified in
Section 3.1 of Attachment 3 to this Agreement provided, however, that
other provisions of Attachment 3 shall not apply.
Unless otherwise stated, PACIFIC shall make monthly reports to CLEC for
all performance measures. Should a dispute arise concerning the accuracy
of any of PACIFIC's measurements, CLEC may audit them under procedures
set out in Section 11.9 of the Umbrella Agreement.
II. "Parity" Defined: PACIFIC shall provide services to CLEC that, for any
relevant period of measurement, have substantially the same
characteristics of timeliness and performance as PACIFIC provides at
retail and, for such purpose, those services shall be deemed to have
substantially the same characteristics for any population of thirty (30)
or more observations if it has the same statistical distribution at the
90% confidence interval. Service Parity is achieved when PACIFIC's
service performance, as defined by the designated comparable measures,
is within 1.65 standard deviations (90% confidence level) of the average
retail performance for the equivalent retail product or service, subject
to the definitions contained within this Attachment 17. The calculation
of 1.65 standard deviations will be based on the most recent two full
calendar quarters of actual performance and revised quarterly. As used
in the preceding sentence, PACIFIC's "average retail performance for the
equivalent retail product or service" shall be calculated using all
available observations of PACIFIC performance, rather than any form of
sampling. "PACIFIC's service performance" for CLEC shall, similarly, be
calculated using all available observations. Average performance will be
measured and reported monthly for each comparable measure. Liquidated
damages will apply when performance is not al parity.
Service Parity applies to the comparable measures only. Other agreed to
performance measures will be based on specified service standards and
liquidated damages will apply as defined in this Attachment 17.
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ATTACHMENT 17
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SECTION A
A.1. PROVISIONING SERVICE PERFORMANCE MEASURES
1. % INSTALLATION APPOINTMENTS COMMITMENT MET
Definition:
This measures the percent of service orders where the completion date
matches the committed due date. (e.g., The due date is 4/01/96 am,
service is installed and the order is completed 4/01/96 am).
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. This measure excludes disconnect
orders. This measure will be calculated separately for each PACIFIC
region. These regions are Los Angeles, Bay, North and South.
Measurements will be calculated by Business (Single and Multi-line,
Centrex, PBX Trunks), Residence, LINK, and ISDN.
TOTAL NUMBER OF ORDERS COMPLETED ON TIME
----------------------------------------
TOTAL NUMBER OF ORDERS COMPLETED X 100
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, LINK, and ISDN.
2. % INSTALLATION REPORTS
Definition:
This measures the number of trouble reports that occur within the first
thirty (30) days of service installation (e.g., Service is installed on
4/01/96, a trouble is reported on 4/05/96).
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. This measure will be calculated
separately for each PACIFIC region. These regions are Los Angeles, Bay,
North and South. This measure only includes PACIFIC Network Troubles.
Measurements will be calculated by Business (Single and Multi-line,
Centrex, PBX Trunks), Residence, LINK, and ISDN.
TOTAL NUMBER OF INSTALLATIONS WITH TROUBLE
REPORTED WITHIN 30 DAYS FROM COMPLETION.
------------------------------------------
TOTAL NUMBER OF SERVICE ORDERS COMPLETED X 100
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Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) Residence LINK, and ISDN.
3. FIRM ORDER CONFIRMATION (FOC) RECEIVED IN <4 HOURS
Definition:
Measures percent of Firm Order Confirmations sent to the CLEC within 4
hours of receipt of the Basic Exchange order, Centrex line or PBX trunk.
This measurement applies to less than 20 Basic Exchange lines or Links
on one order and less than 6 Centrex lines, 6 PBX trunks, or 6 ISDN
lines on one order.
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below. Measurements will be
calculated by Business (Single and Multi-line, Centrex, PBX Trunks),
Residence, LINK, and ISDN.
TOTAL NUMBER OF FOC'S RETURNED IN <4 HOURS
------------------------------------------
TOTAL NUMBER OF FOC'S TO BE RETURNED X 100 = 95%
Report Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) ISDN, Residence, LINK
4. FIRM ORDER CONFIRMATION QUALITY - % ACCURATE AND COMPLETE
Definition:
Measures percent of Firm Order Confirmations that are accurate and
complete.
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below. Measurements will be
calculated by Business (Single and Multi-line, Centrex, PBX Trunks),
Residence, LINK, and ISDN.
TOTAL NUMBER OF FOC'S RETURNED ACCURATE AND COMPLETE
----------------------------------------------------
TOTAL NUMBER OF FOC'S TO BE RETURNED FOR THE MONTH X 100 = 95%
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) ISDN. Residence, LINK.
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ATTACHMENT 17
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5. CLEC TO CLEC MIGRATION NOTIFICATION - % ON TIME
Definition:
Measures the percent of migration notifications sent to the outgoing
CLEC within 48 hours of receipt of the migration order.
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below. Measurements will be
calculated by Business (Single and Multi-line, Centrex, PBX Trunks),
Residence, LINK, and ISDN.
TOTAL NUMBER OF MIGRATION NOTIFICATIONS RETURNED < 48 HOURS
-----------------------------------------------------------
TOTAL NUMBER OF MIGRATION NOTIFICATIONS
RETURNED FOR THE MONTH X 100 = 95%
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), ISDN, Residence.
6. REQUESTS FOR CUSTOMER SERVICE RECORDS (CSR)
Definition:
Measures the percent of Customer Service Records sent to CLEC within 4
hours of receiving the request and appropriate LOA. This measurement
applies to less than twenty (20) Basic Exchange lines billed under one
number and less than six (6) Centrex lines or six (6) PBX trunks, or six
(6) ISDN lines, billed under one number. Measurements will be calculated
by Business (Single and Multi-line, Centrex, PBX Trunks), Residence,
LINK, and ISDN.
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below.
NUMBER OF CSRS RECEIVED <4 HOURS
--------------------------------
TOTAL NUMBER OF REQUEST FOR CSR X 100 = 95%
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) ISDN.
Residence
7. LOCAL PIC CHANGE - % ON TIME
Definition:
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Measures the percent of local PIC changes initiated by the CLEC that are
processed within twenty-four (24) hours of receipt of the order. This
interval will stay in parity with interLATA PICs.
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below. Measurements will be
calculated by Business (Single and Multi-line Centrex, PBX Trunks),
Residence, LINK, and ISDN.
TOTAL NUMBER OF PIC CHANGES COMPLETED WITHIN 24 HOURS
-----------------------------------------------------
TOTAL NUMBER OF PIC CHANGE REQUESTS X 100 = 95%
Reporting Period:
- Monthly, and sorted by Business (Single and Multi-line, Centrex,
PBX Trunks) ISDN, Residence.
8. SERVICE ORDER DISCREPANCY
Definition:
Measures percent of Orders initiated by CLEC that result in a
discrepancy. The discrepancy is a result of CLEC issuance. An order will
be considered to be discrepant if at any time after receipt of the order
PACIFIC has to either reject the order or request a supplement of the
order from the CLEC as a result of incomplete or inaccurate information,
as defined in PACIFIC's Resale Access Line Request Forms Instruction
Guide (GUIDE), Version 4, dated April 8, 1996. If CLEC service orders
conform to the Guide, rejects or requests to supplement such service
orders will be excluded from this measurement and will not incur
Liquidated Damages, as defined in Section B of this Attachment. CLEC and
PACIFIC will mutually agree on revisions to the Guide that effect
service order form or content. If they are unable to agree, they will
take the dispute to the Inter-company review Board as set forth in the
Section I of the Introduction to this Attachment.
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below. Measurements will be
calculated by Business (Single and Multi-line, Centrex, PBX Trunks),
Residence, LINK, and ISDN.
TOTAL NUMBER OF ORDERS ISSUED WITHOUT DISCREPANCY
-------------------------------------------------
TOTAL NUMBER OF ORDERS ISSUED X 100 = 90%
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ATTACHMENT 17
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Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) ISDN, Residence, LINK.
9. TRUNK ORDERS INSTALLED ON TIME
Definition:
Measures the percent of local interconnection trunks that are completed
on or before the due date. The comparative performance measure is Future
Group B & D Switched Access.
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. The comparative measure is Feature
Group B & D switched access.
TOTAL NUMBER OF ORDERS COMPLETED ON TIME
----------------------------------------
TOTAL NUMBER OF ORDERS COMPLETED X 100
Reporting Period:
Monthly
10. TRUNK FIRM ORDER CONFIRMATION TIMELINESS
Definition:
Measures percent FOC sent to CLEC within the specified time (equivalent
to Feature Group B & D Switched Access.)
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. The comparative measure is Feature
Group B & D Switched Access.
Reporting Period:
Monthly
11. TRUNK SERVICE ORDER DISCREPANCY
Definition:
Measures percent of Interconnection Service Request (ISR) initiated by
CLEC that result in a discrepancy. The discrepancy is a result of CLEC
issuance. An order will be considered to be discrepant if at any time
after receipt of the order PACIFIC has to either reject the order or
request a supplement of the order from CLEC as a result of incomplete or
inaccurate information, as defined in PACIFIC's Resale Access Line
Request Forms Instruction Guide (GUIDE),
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Version 4, dated April 8, 1996. If CLEC service orders conform to the
Guide, rejects or requests to supplement such service orders will be
excluded from this measurement and will not incur Liquidated Damages, as
defined in Section B of this Attachment. CLEC and PACIFIC will mutually
agree on revisions to the Guide that effect service order form or
content. If they are unable to agree, they will take the dispute to the
Inter-company review Board as set forth in the Section 1 of the
Introduction to this Attachment
Method of Calculation:
As a measurement of Performance Standards, this metric will comply with
the specific performance level shown below
TOTAL NUMBER OF ORDERS ISSUED WITHOUT DISCREPANCY
-------------------------------------------------
TOTAL NUMBER OF ORDERS ISSUED X 100 = 90%
Reporting Period:
Monthly
12. FORECASTING
Definition:
Measures the accuracy of forecasted volumes of LINK or Residence,
Business (Single and Multi-line, Centrex, PBX Trunks), ISDN resale
service orders.
Method of Calculation:
Forecasts are accurate within 20% +/- in any calendar month of the
forecast period (measurement excludes Interconnection Trunks)
Reporting Period:
Monthly
13. AVERAGE DELAY DAYS
Definition:
Measures the average number of days a service order is delayed due to an
appointment being missed.
Method of Calculation:
As a measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. Measurements will be calculated by
Business (Single and Multi-line. Centrex, PBX Trunks), Residence, LINK,
and ISDN.
Total delayed days
Total orders missed
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A.2 MAINTENANCE SERVICE PERFORMANCE MEASURES
1. % MAINTENANCE APPOINTMENTS MET
Definition:
This measures the number of troubles that are cleared on or before the
committed date and time.
Method of Calculation:
As a Measurement of Comparable Service, this method will be in parity
with PACIFIC's comparable services. This measure includes PACIFIC
network Troubles only. This measure will be calculated separately for
each PACIFIC region. These regions are Los Angeles, Bay, North and
South. Measurements will be calculated by Business (Single and
Multi-line, Centrex, PBX Trunks), Residence, LINK, and ISDN.
NUMBER OF TROUBLE REPORTS WITH APPOINTMENTS MET
-----------------------------------------------
NUMBER OF TROUBLE REPORTS COMPLETED X 100
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, LINK, and ISDN.
2. % REPEAT TROUBLES WITHIN 30 DAYS
Definition:
This Measures the percent of trouble report on the same telephone line
where there was a previous trouble within the last thirty days.
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. This measure includes PACIFIC
Network troubles only. This measure will be calculated separately for
each PACIFIC region. These regions are Los Angeles, Bay, North and
South. Measurements will be calculated by Business (Single and
Multi-line, Centrex, PBX Trunks), Residence, LINK, and ISDN.
NUMBER OF REPEAT TROUBLE REPORTS
--------------------------------
NUMBER OF TROUBLE REPORTS COMPLETED
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) Residence LINK, and ISDN.
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3. REPORT RATE
Definition:
The metric measures the number of troubles per one hundred (100) lines
in service per month.
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. This measure includes PACIFIC
Network troubles only. This measure will be calculated separately for
each PACIFIC region. These regions are Los Angeles, Bay, North and
South. Measurements will be calculated by Business (Single and
Multi-line, Centrex, PBX Trunks), Residence, LINK, and ISDN.
NUMBER OF TROUBLE REPORTS PER MONTH
-----------------------------------
NUMBER OF LINES
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, LINK, and ISDN.
4. RECEIPT TO CLEAR DURATION
Definition:
Measures the average duration in hours and minutes of all trouble
reports from receipt to clear.
Method of Calculation:
As a Measurement of Comparable Service, this metric will be in parity
with PACIFIC's comparable services. This measure includes PACIFIC
Network troubles only. This measure will be calculated separately for
each PACIFIC region. These regions are Los Angeles, Bay, North and
South. Measurements will be calculated by Business (Single and
Multi-line, Centrex, PBX Trunks), Residence, LINK, and ISDN.
TOTAL NUMBER OF TROUBLE HOURS AND MINUTES
-----------------------------------------
TOTAL NUMBER OF TROUBLE REPORTS
Reporting Period:
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) Residence, LINK, and ISDN.
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A.3 LOCAL WHOLESALE BILLING
1. TIMELINESS OF MECHANIZED LOCAL XXXX DELIVERY
Definition:
Measures the number of days from xxxx date to delivery.
Method of Calculation:
NUMBER OF MECHANIZED CABS BILLS ON TIME
---------------------------------------
TOTAL NUMBER OF BILLS RECEIVED X 100
2. TIMELINESS OF LOCAL SERVICE ORDER BILLING
Definition:
Measures the number of Local Service Orders billed within the current
xxxx cycle.
Calculation:
Will be based on a statistically valid sample of billed orders.
NUMBER OF LOCAL ORDERS BILLED IN THE CORRECT XXXX PERIOD
--------------------------------------------------------
TOTAL SERVICE ORDERS X 100
3. ACCURACY OF MECHANIZED CABS XXXX FORMAT
Definition:
Measures the number of bills that pass agreed upon validation edits
(format) the first time.
Calculation:
NUMBER OF ACCURATELY FORMATTED CABS MECHANIZED BILLS
----------------------------------------------------
TOTAL NUMBER OF CABS MECHANIZED BILLS X 100
4. FINANCIAL ACCURACY OF LOCAL OTHER CHARGES AND CREDITS
Definition:
Measures the accuracy of the OC&C Local Charges
Calculation:
Will be based on a statistically valid sample of OC&C Charges
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100 - (TOTAL ESTIMATED NET CONSEQUENCES OF $ REC &
--------------------------------------------------
NRC OC&C TOTAL NET OC&C BILLED $ X 100
5. TIMELINESS OF CORRECTION/ADJUSTMENT DOLLARS
Definition:
Measures the number of adjustments corrected within the agreed upon time
frames
Calculation:
NUMBER OF ERRORS CORRECTED IN AGREED TIME FRAME
-----------------------------------------------
TOTAL NUMBER OF ERRORS X 100
6. XXXX PERIOD CLOSURE
Definition:
Measures the review of each xxxx within agreed upon time frames.
No Calculation Required
A.4 USAGE DATA TRANSFER PERFORMANCE MEASURES
GENERAL DESCRIPTION:
PACIFIC will provide Local Usage Information detail in an accurate
timely manner. The format and content is described in the Bellcore
EXCHANGE MESSAGE RECORD (EMR) document in effect as of the Effective
Date of this Agreement and the CLEC Local Resale Data Transfer
Requirements.
Because these processes are new, CLEC and PACIFIC agree to jointly
review and revise these performance standards as Local Resale is fully
implemented to ensure that:
- the processes are stabilized and that agreed upon in-service
volumes are met.
- comparative measures of parity with PACIFIC's retail processes are
established, where appropriate
- the standards reflect elements required by CLEC to xxxx end users,
- an accurate baseline using some historical data for resale is in
place.
1. FILE TRANSFER
Definition:
PACIFIC will initiate and transmit files that are error free and without
loss of signal.
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Method of Calculation:
NUMBER OF FILES RECEIVED
------------------------
NUMBER OF FILES SENT X 100 = > 95%
-
Note: All measurements will be on a calendar month. Joint review of
performance and value for this standard will be done after six months
from Effective Date. No comparative measure applies
Reporting Period:
Monthly
2. % TIMELINESS
Definition:
PACIFIC will mechanically transmit, via CONNECT: Direct, all available
usage records to CLEC's Message Processing Center once a day, Monday
through Friday, or as negotiated. CLEC and/or PACIFIC's Data Center
Holidays are excluded. CLEC and PACIFIC will exchange schedules of
designated holidays.
By January 1, 1997, PACIFIC and CLEC will jointly audit, review, and
agree on comparative measures of timeliness; i.e. a measure of parity
between the methods used to provide usage data to PACIFIC's retail
billing and the methods used to process CLEC's usage data to CLEC.
In-service thresholds will be determined using accepted statistical
algorithms.
In the interim, a joint analysis of the timeliness based on cooperative
test accounts will be conducted to ensure common definitions and scope
and to create a baseline for comparison. The following are interim
benchmarks for timeliness:
Sept. - Nov. 1996: 90% of all messages delivered within 5 days from when
message recorded.
Dec. - Jan. 1997: 95% of all messages delivered within 5 days from when
message recorded.
Jan. - June 1997: 99% of all messages delivered within 10 days from when
message recorded;
100% of all messages delivered within 30 days from when
message recorded; or demonstrate parity of performance
with PACIFIC Retail Business standard, as defined by
benchmark audit and analysis.
Note: The audit and analysis of performance during the above time frames is
intended to validate the parity of performance standards. Therefore, the above
time frames and measurements are exempt from Performance Credits / Liquidated
Damages as specified in Section B of this Attachment.
June 1997: Specified Performance Standard:
End of Agreement 95% of all messages delivered within 5 days from when
message recorded.
Jan. - June 1997: 99% of all messages delivered within 10 days from when
message recorded;
100% of all messages delivered within 30 days from when
message recorded;
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or;
Parity of Performance:
The above Specified Performance Standard is subject to
change upon PACIFIC's ability to demonstrate Parity of
Performance with its Retail Business standard, as defined
by benchmark audit and analysis.
Note: The above time frame and measurement is not exempt from
Performance Credits / Liquidated Damages as specified in Section B of
this Attachment.
Reporting Period:
Monthly
3. % RECORDED USAGE DATA COMPLETE (A SELF-REPORTING MEASUREMENT)
Definition:
PACIFIC will provide all required Recorded Usage Data and ensure that it
is processed and transmitted within time periods established in
Attachment 13.
By January, 1997, in-service volume thresholds will be determined using
accepted statistical algorithms to provide a basis for comparison with
PACIFIC's retail performance. Because messages that are held in
PACIFIC's error file are usually not uniquely identified, CLEC and
PACIFIC agree to invoke auditing procedures, as defined in Section 11.1
of the Agreement, to ensure that the rate of unbillable messages is in
parity with the rate of unbillable messages experienced in PACIFIC's
retail business.
Method of Calculation:
TOTAL NUMBER OF RECORDED USAGE DATA RECORDS DELIVERED
DURING CURRENT MONTH MINUS NUMBER OF USAGE CALL RECORDS HELD
IN ERROR FILE AT END OF MONTH
------------------------------------------------------------
TOTAL NUMBER OF RECORDED USAGE DATA RECORDS DELIVERED X 100 = 99.98%
4. % ACCURACY
Definition:
PACIFIC will provide Recorded Usage Data in the format and with the
content as defined in the Bellcore document. These measures relate only
to Unbillable unrated local and local toll messages due to critical edit
failures (format errors).
Method of Calculation:
TOTAL NUMBER OF UNRATED LOCAL MESSAGES TRANSMITTED CORRECTLY
------------------------------------------------------------
TOTAL NUMBER OF UNRATED LOCAL MESSAGES TRANSMITTED 100=> 98%
Note: No comparative measure applies.
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Reporting Period:
Monthly
5. % ERROR FREE DATA PACKS
Definition:
PACIFIC will initiate and transmit all packs that are error free in the
format agreed, as defined in the CLEC Local Resale Requirements.
Method of Calculation:
NUMBER OF FILE RECEIVED
-----------------------
NUMBER OF FILES SENT X 100 = 95%
Note: Joint review of performance and value for this standard will be
done after six months from the Effective Date.
Reporting Period:
Monthly
6. % RECORDED USAGE DATA ERROR RESOLVED
Definition:
PACIFIC will ensure that the Recorded Usage Data is transmitted to CLEC
error free, the level of detail includes but not limited to: detail
required to Rating the call, Duration, Correct Originating/Terminating
information, etc. The error is reported to PACIFIC as a Modification
Request (MR). Performance is measure at two levels--Severity 1 or
Severity 2.
Method of Calculation:
SEVERITY 1: INCLUDES MESSAGES THAT ARE XXXX AFFECTING AND REPRESENTS 1%
OF THE CURRENT CUSTOMER BASE. CONTACT TO BE MADE BY TELEPHONE.
NUMBER OF SEVERITY 1 MR'S FIXED > 24 HOURS
------------------------------------------
NUMBER OF SEVERITY 1 MR'S X 100 = > 90%
-
100% OF ALL SEVERITY 1 MR TO BE FIXED WITHIN FIVE (5) DAYS
SEVERITY 2: NON-XXXX AFFECTING ERRORS. CONTACT MAY BE BY PHONE, FAX,
E-MAIL, ETC.
NUMBER OF SEVERITY 2 MR'S FIXED > 3 DAYS
----------------------------------------
NUMBER OF SEVERITY 2 MR'S X 100 = < 90%
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100% OF ALL SEVERITY 2 MR TO BE FIXED WITHIN TEN (10) DAYS
7. % INQUIRIES RESPONSIVENESS
Definition:
PACIFIC will respond to all usage inquires within twenty-four (24) hours
of CLEC request for information, Monday through Friday. Severity 1 MR
will be responded to on a seven (7) day a week basis. CLEC will receive
continuous status reports until the request for information is
satisfied.
Method of Calculation:
NUMBER OF BILLING INQUIRIES RESPONDED TO 24 HOURS
-------------------------------------------------
NUMBER OF BILLING INQUIRIES X 100 = 98%
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SECTION B LIQUIDATED DAMAGES
For certain delays or failures of either Party under this Agreement effective
July 1 1997 and there are at least thirty (30) occurrences per month per
Functional Activity, and on a Region Basis, as appropriate, the non-performing
Party shall pay the other Party the amounts calculated as provided below.
Average Non-Recurring Charges -
The Average Non-Recurring Charge is the sum of all non-recurring charges applied
to service orders issued by CLEC and for which there were performance defects (
e.g., Installation Appointment Missed, Late CSR, Service Order Discrepancy,
etc.) divided by the total number of defects within the measurement period.
These calculations will be made by Functional Activity and product
(Business-Single/Multi-line, Centrex, PBX Trunks), Residence, LINK, and ISDN.
Average Recurring Charges -
The Average Recurring Charge is the sum of all recurring charges applied to
service orders issued by CLEC and for which there were performance defects (
e.g. Maintenance Appointment Missed, Repeat Trouble, etc.) divided by the total
number of defects within the measurement period. These calculations will be made
by Functional Activity and product (Business-Single/Multi-line, Centrex, PBX
Trunks), Residence, LINK, and ISDN.
Below are listed selected functional activities which are critical to customer
satisfaction and the remedy payable by the non-performing Party for specific
lack of performance as described in the following table:
FUNCTIONAL ACTIVITY THRESHOLD LIQUIDATED DAMAGE
---------------------------------------------------------------------------------------------------------------------
1) % Installation Appointment When results fall below parity Waiver of an average nonrecurring installation
Met. (A.1.1) charge for the number of lines ordered and not
installed on time OR orders found to have
2) % Installation Reports. a PACIFIC trouble within 30 days after
(A. 1.2) installation. The waiver would be for
the amount of orders below the comparable
measurement in retail.
---------------------------------------------------------------------------------------------------------------------
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---------------------------------------------------------------------------------------------------------------------
1) % Maintenance Appointments When results fall below parity One month's average recurring charges per line
Met. out of service that falls below parity. The
2) % Repeat Troubles within 30 waiver would be for the amount of lines out of
days. service below the comparable measurements in
3) Report Rate. retail within the described (4) PACIFIC
4) Receipt To Clear Duration. Regions.
Note: If our maintenance performance for a
given month fails to meet two or more
assurance measures as described in Section A,
PACIFIC will be liable for the category
liquidated damages that results in the highest
amount.
---------------------------------------------------------------------------------------------------------------------
FOC Complete and Accurate Less than 85% of FOCs 20% of an Average Non-Recurring charge.
returned are complete/accurate
---------------------------------------------------------------------------------------------------------------------
FOC Timeliness Less than 85% of FOCs 10% of an Average Non-Recurring charge.
returned within 4 hours
---------------------------------------------------------------------------------------------------------------------
Migration Notification Less than 85% of Migration Credit PlC Change Charge.
Notifications sent in 48 hours.
---------------------------------------------------------------------------------------------------------------------
CLEC PIC Change Less than 85% of CLEC PIC Credit PlC Change Charge.
changes completed within 24
hours.
---------------------------------------------------------------------------------------------------------------------
Service Order Discrepancy Less than 80% of orders 20% of a Average Non-Recurring charge
submitted without material (Paid by CLEC).
errors.
---------------------------------------------------------------------------------------------------------------------
Customer Service Record Less than 85% of CSRs are 5% of a Average Non-Recurring charge for each
sent within 4 hours. CSR for which there is a subsequent service
order issued.
---------------------------------------------------------------------------------------------------------------------
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---------------------------------------------------------------------------------------------------------------------
Trunk Orders Completed on When results fall below 100% of the total non-recurring charges for
Time parity. equivalent products (FG B or D trunks), as
specified in CPUC 175-T, Section 6.
---------------------------------------------------------------------------------------------------------------------
Trunk Firm Order Confirmation When results fall below 20% of the total non-recurring charges for
Delivered on Time parity. equivalent products (FG B or D trunks), as
specified in CPUC 175-T, Section 6.
---------------------------------------------------------------------------------------------------------------------
Trunk Service Order Discrepancy Less than 80% of orders are 20% of the total non-recurring charges for
submitted without material equivalent products (FG B or D trunks), as
errors. specified in CPUC 175-T, Section 6.
---------------------------------------------------------------------------------------------------------------------
Forecasting (Excludes When product volumes exceeds $10.00 per line or trunk for the amount
Interconnection Trunks) or falls below the +/- 20% of ordered between 20% and 30% under the
the forecast amount. forecast. $20.00 per line or trunk for the
amount ordered between 31% and 40% under the
forecast. $35.00 per line or trunk for the
amount ordered between 41% or more under the
forecast. When volumes for products exceed the
forecast by 20%, all remedies associated with
preordering, ordering, provisioning and
maintenance will not apply.
---------------------------------------------------------------------------------------------------------------------
Recorded Usage Data (AKA Usage Each instance delivery of Annual interest rate of 8% compounded daily
Data Transfer as described Recorded Usage Data exceeds: will be applied on net revenues for 50% of all
in Section A.5) messages delayed to CLEC beyond the then
a) A specified performance prevailing performance standard and until
standard of: Recorded Usage Data is delivered, or sixty
95% within 5 days; days from when message(s) was recorded,
99% within 10 days; whichever comes first. Said
100% within 30 days.
OR,
b) Parity of performance
standard as defined in the
---------------------------------------------------------------------------------------------------------------------
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---------------------------------------------------------------------------------------------------------------------
benchmark audit and analysis interest shall be applied on net revenues
which, once defined, shall for 100% of all messages for which CLEC
prevail over a) above. demonstrates actual delayed billing occurred as
a result of late receipt of Recorded Usage
Data.
---------------------------------------------------------------------------------------------------------------------
PACIFIC will absorb all costs and not charge
CLEC for any Recorded Usage Data not delivered
to CLEC within sixty days from when the data
was recorded by PACIFIC.
Conditions that will be exempt from the above
Credit application will be identified during
the benchmark audit and analysis.
---------------------------------------------------------------------------------------------------------------------
296
Attachment 18
ATTACHMENT 18
INTERCONNECTION
297
Attachment 18
I. LOCAL INTERCONNECTION TRUNK ARRANGEMENTS
GENERAL
The Parties will establish Local Interconnection Trunks to exchange
local and intraLATA toll traffic. Neither Party shall terminate Switched
Access traffic over Local Interconnection Trunks. Separate two-way Meet
Point Trunks will be established for the joint provisioning of Switched
Access traffic. Local Interconnection will be provided via two-way
trunks unless both Parties agree to implement one-way trunks on a
case-by-case basis.
A. Interconnection Within Each LATA.
1. Each Party will establish a Local Interconnection Trunk
Group with each Access Tandem in the LATA(s) in which it
originates or terminates local and/or toll traffic with
the other Party, unless CLEC orders LATA-Wide
Terminating Access from PACIFIC. The Parties may not
route Local Interconnection traffic to an Access Tandem
destined for an NXX that subtends another Tandem, except
as specified in Sections l.A.2 and II below. The Parties
agree that direct trunking to an end office from either
Party's end office or Access Tandem is permitted under
the terms of this section.
2. LATA-Wide Terminating Access
The Parties agree that CLEC may select a LATA-Wide
terminating arrangement. When CLEC selects such an
arrangement, interconnection is established at a single
tandem designated by PACIFIC for termination of all
Local Interconnection Traffic destined for any office in
that LATA.
3. Tandem-Level Terminating Access
Interconnection at PACIFIC tandems within each LATA:
CLEC will interconnect with all PACIFIC Access Tandems
in each of the LATA(s) in which it originates traffic
and interconnects with PACIFIC, unless CLEC selects the
LATA-Wide Terminating Option.
4. In addition to the tandem interconnection described
above, either Party may establish end office-to-end
office or end office-to-tandem or tandem-to-tandem trunk
groups. In the case of host-remote end offices, such
interconnection shall occur at the location of the host
or remote, at the option of the Party deploying the
host-remote end office.
5. CLEC and PACIFIC agree to interconnect their networks
through existing and/or new facilities between CLEC End
Offices and/or Access Tandem
2
298
Switches and the corresponding PACIFIC End Office and/or
Access Tandems set forth in Appendix A. The Parties will
establish logical trunk groups referencing the
appropriate CLEC Routing Point and PACIFIC Central
Office. In addition, where necessary, and as mutually
agreed to, the Parties will define facilities between
their networks to permit trunk group(s) to be
established between the points listed in Appendix A.
While Appendix A is unpopulated at the time of execution
of this Agreement, CLEC shall initially populate
Appendix A; PACIFIC may populate Appendix A further,
under paragraph 6 below.
6. Nothing in the foregoing restricts either Party from
ordering and establishing CLEC and/or PACIFIC Local
Interconnection trunk groups in addition to the initial
combinations described above. Amendments to Appendix A
may be made by either Party, upon 30 days written notice
and acceptance by the other Party. Acceptance will not
be unreasonably withheld. Such amendments may be made
without the need to renegotiate the terms of the rest of
this Attachment.
B. Single P01 Model.
1. For each interconnection between the Parties for the
exchange of local, intraLATA toll, and meet-point
Switched Access traffic, the Parties agree that CLEC
will designate a single Point Of Interconnection between
any two switching entities.
C. Sizing and Structure of Interconnection Facilities.
1. The Parties will mutually agree on the appropriate
sizing for facilities based interconnection, based on
the standards set forth below. The capacity of
interconnection facilities provided by each Party will
be based on mutual forecasts and sound engineering
practice, as mutually agreed to by the Parties during
planning and forecasting meetings. The interconnection
facilities provided by each Party shall be formatted
using either Alternate Xxxx Inversion Line Code or
Superframe Format Framing. D53 facilities will be
optioned for C-bit Parity.
2. When interconnecting at PACIFIC's tandems, the Parties
agree to establish Bipolar 8 Zero Substitution Extended
Super Frame ("B8ZS ESF") two-way trunks where
technically feasible for the sole purpose of
transmitting 64k CCC data calls. In no case will these
trunks be used for calls for which the User Service
Information parameter (also referred to as "Bearer
Capability") is set for "speech" unless all available
non 64K CCC circuits are busy. If all such circuits are
busy, CLEC and PACIFIC agree to use Network Management
Controls (including inter alia, re-routing to 64K CCC
trunk groups) pursuant to Section XII of this Attachment
to relieve
3
299
Attachment 18
network congestion temporarily. Where additional
equipment is required, such equipment would be obtained,
engineered, and installed on the same basis and with the
same intervals as any similar growth job for IXC, CLC,
or PACIFIC internal customer demand for 64K CCC trunks.
3. When interconnecting at PACIFIC's digital End Offices,
the Parties have a preference for use of BBZS ESF
two-way trunks for all traffic between their networks.
Where available, such trunk equipment will be used for
these Local Interconnection Trunk Groups and Meet Point
Trunk Groups. Where AMI trunks are used, either Party
may request upgrade to B8ZS ESF when such equipment is
available.
D. Combination Interconnection Trunks.
1. The Parties agree to work cooperatively to combine all
functionalities of Local Interconnection Trunk Groups
and Meet Point Trunk Groups on a single Combination
Interconnection Trunk Group at any feasible Point Of
Interconnection where either Party desires, except in
connection with the LATA-Wide terminating option.
2. The Parties agree to make the initial decision as to
whether the use of Combination Interconnection Trunk
Groups is feasible, including a determination of
switched software compatibility, ordering procedures and
billing procedures, no later than six months from the
effective date of this Agreement.
3. If the Parties find the use of Combination
Interconnection Trunk Groups not to be feasible at that
time, the Parties will undertake a review of such
feasibility and a further decision on the use of
Combination Interconnection Trunk Groups at six month
intervals, at either Party's option, through the term of
the Agreement.
4. Until the Parties find Combination Interconnection Trunk
Groups to be feasible, Local Interconnection will be
provided via one-way and/or two-way trunks.
5. Whenever the use of Combination Interconnection Trunk
Groups is determined to be feasible, and ordering and
billing procedures have been established:
a) Any new trunk groups may be ordered using the
Combination Interconnection Trunk Group option;
and
b) The Parties will work together in good faith to
complete the conversion from the use of separate
Local Interconnection Trunk
4
300
Attachment 18
Groups and Meet Point Trunk Groups to the use of
Combination Interconnection Trunk Groups within
six months from that time.
E. Signaling Protocol. The Parties will interconnect their networks
using SS7 signaling as defined in GR-317 and GR-394, including
ISDN User Part ("IS UP") for trunk signaling and Transaction
Capabilities Application Part ("TCAP") for CCS-based features in
the interconnection of their networks. Either Party may
establish CCS interconnections either directly and/or through a
third party. CCS interconnection, whether direct or by third
party shall be pursuant to PUB L-780023-PB/NB and in accordance
with the rates, terms and conditions of the Parties' respective
tariffs. The Parties will cooperate in the exchange of TCAP
messages to facilitate full interoperability of CCS-based
features between their respective networks, including all CLASS
features and functions, to the extent each carrier offers such
features and functions to its own end users. The Parties will
provide all CCS signaling parameters, including CPN, and will
honor all privacy indicators.
F. Transit Signaling: CLEC may choose to route SS7 signaling
information (~, ISUP, TCAP) from CLEC's signaling network to
another CLC's signaling network via PACIFIC's signaling network
for the purpose of signaling call processing and network
information between CLEC and the other CLC's network, whether or
not PACIFIC has a direct-traffic trunk to the terminating
address, provided that CLEC furnishes PACIFIC with:
1. the destination point codes of all the CLC switches to
which it wishes to send transit signaling;
2. the identity of the STPs in PACIFIC's network in which
each DPC will be translated;
3. the identity of the STPs in the other signaling network
to which such transit signaling will be sent; and
4. a letter from the other party authorizing PACIFIC to
send such signaling messages.
CLEC agrees to pay the rates for Transit Signaling as specified in
Attachment 8.
G. Either Party may opt at any time to terminate (i.e., overflow)
to the other Party some or all local exchange traffic and
intraLATA toll traffic originating on its network, together with
Switched Access traffic, via Feature Group D or Feature Group B
Switched Access Service. Either Party may otherwise purchase
these Switched Access Services from the other Party subject to
the rates, terms and conditions specified in its standard
intrastate access tariffs.
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H. When the Tandem-Level Terminating option is chosen, each Party
shall deliver to the other Party over the Local Interconnection
Trunk Group(s) only such traffic which is destined for those
publicly dialable NPA NXX codes served by end offices that
directly subtend the Access Tandem or to those LECs, CLCs and
Wireless Service Providers that directly subtend the Access
Tandem. When a LATA-Wide Terminating Access option is chosen,
CLEC may route Local Interconnection traffic to a PACIFIC Access
Tandem destined for any NXX in the LATA.
I. Unless otherwise agreed to, each Party shall deliver all traffic
destined to terminate at either Party's end office or tandem in
accordance with the serving arrangements defined in the Local
Exchange Routing Guide ("LERG").
J. Where the Parties deliver over the Local Interconnection Trunk
Group miscellaneous calls (i.e., time, weather, NPA-555,
California 900, Mass Calling Codes) destined for each other,
the'! shall deliver such traffic in accordance with the serving
arrangements defined in the LERG.
K. Nil codes (e.g., 411, 611 and 911) shall not be sent between
CLEC's and PACIFIC's network over the Local Interconnection
Trunk Groups.
L. Maintenance of Service.
1. A Maintenance of Service charge, as specified below
(N.3], applies whenever either Party requests the
dispatch of the other Party's personnel for the purpose
of performing maintenance activity on the
interconnection trunks, and any of the following
conditions exist:
a) No trouble is found :n the interconnection
trunks; or
b) The trouble condition results from equipment,
facilities or systems not provided by the Party
whose personnel were dispatched; or
c) Trouble clearance did not otherwise require a
dispatch and, upon dispatch requested for repair
verification, the interconnection trunk does not
exceed Maintenance Limits.
2. If a Maintenance of Service initial charge has been
applied and trouble is subsequently found in the
facilities of the Party whose personnel were dispatched,
the charge will be canceled.
3. Billing for Maintenance of Service is based on each
half-hour or fraction thereof expended to perform the
work requested. The time worked is categorized and
billed at one of the following three rates:
a) basic time;
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b) overtime; or
c) premium time
As defined for billing by PACIFIC in PACIFIC's revised
Schedule Cal. P.U.C. Tariff No. 175-T, Section 13 and in
CLEC's Exchange tariff.
II. THIRD-PARTY TRAFFIC
A. PACIFIC shall terminate traffic from third-party LECs, CLCs, or
wireless service providers ("WSPs") delivered to PACIFIC's
network through an CLEC tandem. Prior to the routing of such
traffic, the Parties agree to negotiate the issues of network
capacity and forecasting caused by such terminations. The
Parties shall conduct such negotiations in good faith and shall
not unreasonably withhold consent to the routing of such
traffic.
B. PACIFIC shall complete traffic delivered from CLEC destined to
third-party LECs, CLCs or WSPs in the LATA. PACIFIC shall have
no responsibility to ensure that any third-party LEC, CLC or WSP
will accept such traffic.
C. PACIFIC shall accept, from any third-party LEC, CLC, or WSP in
the LATA, traffic destined for an CLEC end office subtending the
relevant PACIFIC tandem, or a LEC, CLC or WSP subtending CLEC's
central office if PACIFIC has a provision in ~n interconnection
agreement with such LEC, CLC or WSP permitting such an
arrangement.
III. COMPENSATION FOR CALL TERMINATION
A. In all cases, resale lines (whether purchased by CLEC or a third
party) in PACIFIC's switches will be treated in the same manner
as PACIFIC's end user customers for the purposes of call
termination charges.
B. For calls that originate from or terminate to an CLEC LSNE,
bound for or terminated from a third party LEC, the Parties
agree that PACIFIC shall make arrangements directly with that
third party for any compensation owed in connection with such
calls on CLEC's behalf.
C. PACIFIC agrees to xxxx any facilities-based third party referred
to in B, above, unless, after thirty (30) days' notice in
writing to PACIFIC, CLEC requests otherwise. To compensate
PACIFIC for this service, CLEC agrees to pay $.005 (one-half
cent) per message.
D. For calls that originate from a facilities-based third party and
terminate to an CLEC LSNE, PACIFIC will compensate CLEC on
behalf of that third party. For calls that terminate to a
facilities-based third party from an CLEC LSNE,
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Attachment 18
PACIFIC has agreed to charge CLEC as if the call terminated in
PACIFIC's network, using PACIFIC's rates as described below. In
the event CLEC elects not to use PACIFIC's billing service
described in C, above, CLEC shall deal directly with third
parties regarding compensation for call termination.
E. The following compensation terms shall apply in all cases where
CLEC purchases PACIFIC's LSNE:
1) For Local intra-switch calls where CLEC has purchased
PACIFIC's LSNE, the Parties agree to impose no call
termination charges on each other. Where the call is:
(a) Originated by CLEC's end user customer and
completed to a PACIFIC customer:
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
(b) Originated by CLEC's end user customer and
completed to the customer of a third party
carrier (not affiliated with CLEC) using
PACIFIC's LSNE:
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
(c) Originated by CLEC's end user customer and
completed to another of CLEC's end user
customers using PACIFIC's LSNE.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
(d) Originated by a PACIFIC customer and terminated
to CLEC's LSNE.
- No Local Switching Capacity charge will
apply.
(e) Originated by the customer of a third party
carrier (not affiliated with CLEC) using
PACIFIC's LSNE and terminated to CLEC's LSNE.
- No Local Switching Capacity charge will
apply to CLEC. The Local Switching
Capacity charge on the originating end
will be imposed on the third-party
carrier.
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Attachment 18
2. For Local inter-switch calls where CLEC has purchased
PACIFIC's LSNE, the Parties agree to impose no call
termination charges on each other.
Unless otherwise specified, PACIFIC's charges will apply
to CLEC as described below where the call is:
(a) Originated from CLEC's LSNE and completed to a
PACIFIC end user.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge will
apply when CLEC uses PACIFIC's
transport.
(b) Originated from CLEC's LSNE and completed to the
LSNE of a third party carrier (not affiliated
with CLEC).
- For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge will
apply when CLEC uses PACIFIC's
transport.
(c) Originated from CLEC's LSNE and completed to the
interconnected network of a third party carrier
(not affiliated with CLEC).
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge will
apply when CLEC uses PACIFIC's
transport, and mileage shall be measured
between the originating office and the
P01 with the third party's network.
For call termination:
- Tandem Transit Switching rate
- Local Switching Capacity charge at the
terminating office.
(d) Originated from CLEC's LSNE and completed to
CLEC's LSNE.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
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- A mileage-based transport charge will
apply when CLEC uses PACIFIC's
transport.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
(e) Originated by a PACIFIC end user customer and
terminated to CLEC's LSNE.
- (For use of the local switch:) Local
Switching Capacity Charge at the
terminating office.
(f) Originated by a customer of a third-party
carrier (not affiliated with CLEC) using
PACIFIC's LSNE and terminated to CLEC's LSNE.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
(g) Originated by an end-user customer on the
interconnected network of a third-party carrier
(not affiliated with CLEC) and terminated to
CLEC's LSNE.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- (For call termination:) CLEC charges to
Pacific, PACIFIC's Local Switching
Capacity charge at the terminating
office.
3. For intraLATA toll calls where CLEC has purchased
PACIFIC's LSNE, charges per Attachment 8 shall apply as
follows:
(a) Originated by CLEC's end-user customer and
completed to a PACIFIC end user customer.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge between
the two offices will apply when CLEC
uses PACIFIC's transport.
Switched access charges, per PACIFIC'S Schedule
Cal. P.U.C. Xxxxxx Xx. 000-X ("Switched Access
Charges"), shall apply as follows:
- NIC
For call termination: at the terminating office
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Attachment 18
- Local Switching
- NIC
(b) Originated by CLEC's end-user customer and
completed to the customer of a third-party
carrier (not affiliated with CLEC) using
PACIFIC's LSNE in a distant end office.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge between
the two offices will apply when CLEC
uses PACIFIC's transport.
- NIC at the originating office
- (For call termination:) Local Switching
Capacity charge at the terminating
office per Attachment 8.
(c) Originated by CLEC's end-user customer and
completed to the network of third-party carrier
(not affiliated with CLEC) interconnected with
PACIFIC's network.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge will
apply when CLEC uses PACIFIC's
transport, and mileage shall be measured
between the originating office and the
P01 with the third party's network.
- Tandem Transit Rate
Switched Access charges apply as follows:
- NIC at the originating office
- (For call termination: Switched Access
Charges:
- Local Switching
- NIC at the terminating office
- Tandem Switching (if charged by the
third party)]
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Attachment 18
(d) Originated by CLEC's end-user customer and
completed to another of CLEC's customers being
served through PACIFIC's LSNE in a distant
office.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- A mileage-based transport charge between
the two offices will apply when CLEC
uses PACIFIC's transport.
- NIC at the originating office
- NIC at the terminating office
- Local Switching Capacity charge at the
terminating office.
(e) Originated by a PACIFIC customer and terminated
to CLEC's end-user customer.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- NIC at the terminating office
- (For call termination: ) CLEC charges to
PACIFIC, PACIFIC's Switched Access
Charges at the terminating office.
- Local switching
- NIC
(f) Originated by the customer of a third-party
carrier (not affiliated with CLEC) using
PACIFIC's LSNE in a distant end office and
terminated to CLEC's LSNE.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- NIC at the terminating office
- (For call termination:) CLEC will charge
PACIFIC Local Switching Capacity per
Attachment 8 at the terminating office.
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Attachment 18
(g) Originated by a customer on the network of a
third-party carrier (not affiliated with CLEC)
interconnected with PACIFIC's network and
terminated to CLEC's LSNE.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- NIC at the terminating office
- (For call termination): CLEC will charge
to Pacific, PACIFIC's Switched Access
Charges:
- Local Switching
- NIC at the terminating office
4. For intrastate Switched Access calls where CLEC is using
PACIFIC's LSNE for calls originated from or terminated
to an IXC for completion:
(a) For calls originated from CLEC's end-user
customer to CLEC's own IXC switch (or that of an
affiliate) for completion.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- PACIFIC and CLEC will charge CLEC's IXC
affiliate appropriate Switched Access
elements on a meet point basis per
Attachment 13.
(b) For calls originated from CLEC's end-user
customer to an IXC's switch not affiliated with
CLEC.
For use of the local switch: Local Switching
Capacity charge at the originating office.
- PACIFIC and CLEC shall charge the I?(C
for originating Switched Access on a
meet-point basis per Attachment 13 of
this Agreement.
- NIC at the originating office
(c) For calls terminating to CLEC's end-user
customer from CLEC's own IXC switch (or that of
an affiliate) for completion.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
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Attachment 18
- PACIFIC and CLEC shall charge CLEC's IXC
(affiliate) appropriate Switched Access
elements on a meet point basis per
Attachment 13 of this Agreement.
- NIC at the terminating office
(d) For calls terminating to CLEC's end-user
customer from an IXC switch not affiliated with
CLEC.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- PACIFIC and CLEC shall charge the IXC
terminating Switched Access elements on
a meet point basis per Attachment 13 of
this Agreement.
- NIC at the terminating office
5. For interstate Switched Access calls where CLEC is using
PACIFIC's LSNE for calls originated from or terminated
to an IXC for completion:
(a) For calls originated from CLEC's end-user
customer to CLEC's own IXC switch (or that of an
affiliate) for completion.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- PACIFIC and CLEC shall charge CLEC's IXC
(affiliate) appropriate Switched Access
elements on a meet-point basis per
Attachment 13 of this Agreement.
- Carrier Common Line Charge ("CCLC") at
the originating office
- RIC at the originating office
(b) For calls originated from CLEC's end-user
customer to an IXC's switch not affiliated with
CLEC.
- (For use of the local switch:) Local
Switching Capacity charge at the
originating office.
- PACIFIC and CLEC shall charge the IXC
for originating Switched Access on a
meet-point basis per Attachment 13 of
this Agreement.
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Attachment 18
- Carrier Common Line Charge ("CCLC") at
the originating office
- RIC at the originating office
(c) For calls terminating to CLEC's end-user
customer from CLEC's own IXC switch (or that of
an affiliate) for completion.
- (For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- PACIFIC and CLEC shall charge the CLEC's
IXC (affiliate) appropriate Switched
Access elements on a meet point basis
per Attachment 13.
- Carrier Common Line Charge ("CCLC") at
the terminating office
- RIC at the terminating office
(d) For calls terminating to CLEC's end-user
customer from an IXC switch not affiliated with
CLEC.
- For use of the local switch:) Local
Switching Capacity charge at the
terminating office.
- PACIFIC and CLEC shall charge the IXC
for terminating Switched Access on a
meet-point basis per Attachment 13 of
this Agreement.
- Carrier Common Line Charge ("CCLC") at
the terminating office
- RIC at the terminating office
F. The following terms apply where CLEC and PACIFIC interconnect
using their own networks, pursuant to Section I of this
Attachment.
1. The following call termination rates shall apply for
intraLATA traffic terminated from CLEC to PACIFIC or
from PACIFIC to CLEC. CLEC and PACIFIC agree to the
mutual exchange of Local Calls without explicit
compensation ("xxxx and keep") where traffic flows
between CLEC and PACIFIC are in balance, as defined in
(a), below. Where such traffic is not in balance, CLEC
and PACIFIC agree to call termination at the rates set
out in (c), below, for that portion of the traffic that
is out of balance.
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Attachment 18
(a) The Parties will measure Local Call traffic
between them and will use such measures to
determine the balance of traffic between them
and the compensation due, if any. The Parties
will make measurements and report the results to
each other on a calendar-quarter basis (i.e.,
January-March, April-June, July-September,
October-December). Each Party will be
responsible for the measurement of its
originating traffic transmitted to the other.
The Parties will undertake traffic measurements
on a LATA-Wide basis in each LATA where the
Parties interconnect. The Parties will report
measurements to each other no later than the end
of the month following the completion of the
quarter. The provisions of this Section and of
(b) and (c), below, will not apply until the
first full calendar quarter after the effective
date of this Agreement. The reported
measurements will determine the requirement for
payments, if any, for the subsequent full
calendar quarter. In determining whether any
amount for call terminations owing under this
section, neither Party shall be obliged to pay
the other unless, on a LATA-Wide basis, the net
usage differential (i.e., the difference between
the respective Parties' usage levels, calculated
by subtracting the lower total number of minutes
of use in a quarter from the higher total
number) exceeds the following percentages of the
total volume of local traffic exchanged between
the Parties in the LATA:
(i) The applicable percentage for 0 to
2,000,000 minutes of use will be 10%;
(ii) The applicable percentage for 2,000,001
through 5,000,000 minutes of use will be
5%;
(iii) The applicable percentage for greater
than 5,000,000 minutes of use will be
2%.
(b) The Parties agree that any calculation of net
usage differential for local traffic volumes
less than the percentages set out immediately
above shall demonstrate the Parties' traffic to
be in balance for purposes of this Section, The
Parties will base calculation under this Section
on AMA recordings, which shall be made, where
possible, in both the originating and
terminating Parties' network. The Parties agree
to report to each other on a monthly and
quarterly basis the total monthly local minutes
of use each terminates to the other Party.
(c) Where the Parties' traffic is not in balance, as
determined in the immediately preceding Section,
the Party terminating the greater
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Attachment 18
amount of ~ traffic to the other (the
"out-of-balance Party") will pay the other
Party, for all minutes of use in excess of the
number of minutes terminated to it by the other
Party, call termination rates based on the
following rate elements, per minute of use. The
out-of-balance Party will continue to make such
payments through the end of the quarter in which
it is determined that its traffic is no longer
out of balance. Upon such a determination, the
payments shall cease until the Parties' traffic
is again determined to be out of balance. When
traffic exchanged is out of balance, the
out-of-balance Party shall pay
(i) Local Switching Capacity,
(ii) Tandem Switching (where used), and
(iii) Common Transport (where used).
(d) Once the Commission has established rates for
Local Call transport and termination in its Open
Access and Network Architecture Development
("OANAD") proceeding, those rates shall apply in
lieu of the above-specified rate elements.
2. For Local and intraLATA Toll traffic originated by CLEC
(or CLCs subtending its network) to PACIFIC, CLEC agrees
to pay PACIFIC the following:
(a) Local calls: Xxxx and Keep (applicable to all
local Zone Usage Measurement ("ZUM") Xxxx 0,
Xxxx 2 and Zone 3, and Extended Area Service
traffic) shall apply unless the Parties' traffic
is out of balance per subsection 1(a) of this
Section, above. In the latter event, the
provisions of Subsection 1(c) of this Section
shall apply.
(b) Toll calls: The following rate elements are
applicable to intraLATA toll calls, based on the
rates in Attachment 8.
(1) The following rate elements from
PACIFIC's Tariff Cal. PUC 1 75-T will
apply when a Toll Call routes over Local
Interconnection Trunk Groups:
(a) For common switched transport: where
PACIFIC's tandem is used:
(i) Fixed - per minute of use.
(ii) Variable - per mile per minute of
use. Mileage shall be calculated
based on the
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Attachment 18
airline miles between the
Vertical and Horizontal ("V&H")
coordinates of the P01, and the
PACIFIC end office or CLC routing
point.
(iii) Tandem Switching.
(b) Local switching
(c) NIC
(2) CLEC will pay two times the Tandem
Switching rate as specified in
Attachment 8 if whenever CLEC elects the
LATA-Wide Terminating Option.
3. For Local and intraLATA Toll traffic originated from
PACIFIC to CLEC, PACIFIC agrees to pay CLEC the following:
(a) Local calls: Xxxx and Keep: (applicable to all
local Zone Usage Measurement ("ZUM") Xxxx 0, Xxxx 2
and Zone 3, and Extended Area Service traffic)
shall apply unless the Parties' traffic is out of
balance per Section Fl(a), above. In the latter
event, the provisions of Section F1(c) shall apply.
(b) Toll calls: The following rate elements from
PACIFIC's Tariff Cal. PUC 175-T will apply when a
toll call routes over Local Interconnection Trunk
Groups:
(1) For common switched transport:
where CLEC's tandem is used:
(i) Fixed - per minute of use.
(ii) Variable - per mile per minute of
use. Mileage shall be calculated
based on the airline miles between
the Vertical and Horizontal ("V&H")
coordinates of the P01, and the CLEC
end office or CLC/CLEC routing
point.
(2) Tandem Switching
(3) Local switching
(4) NIC
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Attachment 18
G. Tandem Transit Switching rate: Tandem Transit Switching rate
shall be equal to the Tandem Switching rate plus two times the
Common Transport Fixed rate element as specified in Attachment
8.
1. The transit rate provides for Access Tandem switching
when either Party uses the other Party's Access Tandem
to originate a CLC call to a third party such as another
LEC, CLC, or Wireless Service Provider.
2. If either Party receives a call through the other
Party's Access Tandem that originates from another LEC,
CLC or wireless service Provider, the Party receiving
the transited call will not charge the other Party any
rate element for this call regardless of whether the
call is local or toll. The Parties will establish
appropriate billing relationships directly with the
Wireless Service Provider, other CLC or LEC.
H. For intraLATA Toll Free Service calls where such service is
provided by one of the Parties, the compensation set forth in
Section III. above, shall be charged by the Party originating
the call, rather than the Party terminating the call. This
includes originating charges listed in Section III as well as a
database query charge as specified in PACIFIC's intrastate
access tariff or CLEC's local exchange tariff.
I. Each Party will calculate terminating interconnection minutes of
use based on standard Automatic Message Accounting ("AMA")
recordings made within each Party's network. These recordings
are the basis for each Party to generate bills to the other
Party. Either Party may request the exchange of originating EMR
records in order to xxxx the other Party terminating minutes of
use. The Parties agree to cooperate in the exchange of the
records if so requested.
J. Measurement of minutes of use over Local Interconnection Trunk
Groups shall be in actual conversation seconds. The total
conversation seconds over each individual Local Interconnection
Trunk Group will be totaled for the entire monthly xxxx and then
rounded to the next whole minute.
K. Each Party will provide the other, within fifteen (15) calendar
days after the end of each calendar quarter, a usage report with
the following information regarding traffic it sent to (i.e.,
terminated over) the Local Interconnection Trunk arrangements:
1. Total traffic volume described in terms of minutes and
messages and by call type (local, toll and other)
terminated to each other over the Local Interconnection
Trunk Groups; and
2. Percent Local Usage (PLU)
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Attachment 18
L. CLEC will pay the rates for SS7 CCS interconnection as specified
in Attachment 8. The Parties will exchange TCAP messages to
facilitate full interoperability of CCS-based features and
functions, to the extent each carrier offers such features and
functions to its own end users. All CCS signaling parameters
will be provided, including CPN. All privacy indicators will be
honored.
M. For 976 or California 900 calls (those 900 NXXs shown in the
LERG as PACIFIC's 900 NXXs), CLEC shall deliver calls originated
over CLEC-provided exchange services to the Local
Interconnection Trunk Groups. The Parties have separately
reached agreement on the rating and billing of such calls.
IV. COMPENSATION FOR USE OF LOCAL INTERCONNECTION FACILITIES
A. Interconnection facilities include the facilities that connect
the Parties' respective switching networks.
B. The Parties agree that each has an equal obligation to
interconnect its network infrastructure to the other's network.
The Parties may decide to own the interconnection facility
jointly or to provide facilities to deliver traffic to the
other. If the Parties agree to build the interconnection
facilities, they will agree on desired capacity and performance
characteristics and then may bid to install the facilities. The
Party with the lowest bid will construct the facilities and xxxx
the other Party 50% of the construction costs. The constructing
Party will charge a monthly maintenance charge for maintaining
the facilities. This charge will be based upon the TELRIC of
maintaining the facility. (Solely for the purpose of this
paragraph, TELRIC shall be defined as did the FCC in the First
Interconnection Order.) !f the Parties decide not to build and
operate the interconnecting facility jointly, they may choose
from options 1 or 2 below.
C. The Parties agree to the following terms based on consideration
of the generally balanced use of the Parties' respective
facilities for interconnection. Such consideration is based on
relative facility length the capacity provided to each other,
determined by the comparison of facility deployment behind the
POIs associated with CLEC collocation arrangements and PACIFIC's
network. This compensation is contingent on a balanced facility
interconnection being defined in Appendix A.
1. Where the P01 for the Local Interconnection Trunk Group
is located other than in the same PACIFIC Wire Center as
the PACIFIC switch where the Local Interconnection Trunk
Group terminates, CLEC will pay a monthly charge for the
PACIFIC-provided facility according to PACIFIC's
intrastate access tariff, in addition to any usage rate
elements in Section III above. CLEC may, at its option,
choose to pay PACIFIC either the applicable PACIFIC
tariffed unbundled transport or unbundled interoffice
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Attachment 18
facility rates for DS-1 rates for those DS-1(s) used for
Local Interconnection Trunks in a DS-3 facility, or pay
the applicable tariffed or unbundled interoffice
facility rates for DS-3 for each DS-3 facility, used for
Local Interconnection Trunks between the Parties.
2. Where the P01 for the Local Interconnection Trunk Group
is at a collocation arrangement in the same PACIFIC Wire
Center as the PACIFIC switch where the Local
Interconnection Trunk Group terminates, PACIFIC will pay
CLEC a monthly charge for the facility and cross connect
equal to one Point Of Termination at DS-1 rates (per
DS-1(s) used for Local Interconnection Trunks) or DS-3
rates (per DS-3 used for Local Interconnection Trunks)
according to Pacific's intrastate access tariff, in
addition to any usage rate elements, if any, above.
PACIFIC may, at its option, choose to pay either the
applicable tariffed DS-1 rates for those DS-1(s) used
for Local Interconnection Trunks in a DS-3 facility, or
pay the applicable tariffed DS-3 rates for each DS-3
facility used for Local Interconnection Trunks between
the Parties.
3. Where the P01 for the Local Interconnection Trunk Group
is at a Mid Span Meet, there shall be no compensation
between the Parties for the Local Interconnection
facilities used.
V. MEET-POINT TRUNKING ARRANGEMENTS
A. Two-way trunks will be established to enable CLEC and PACIFIC
jointly to provide Feature Group B and D ("FGB and FGD")
Switched Access Services via PACIFIC's Access Tandem switch.
B. CLEC may use Meet-Point Trunks to send and receive FGB and FGD
calls from Switched Access customers connected to PACIFIC's
Access Tandem.
C. The Parties will use separate facilities and separate two-way
trunk groups to each and every PACIFIC Access Tandem under which
CLEC's NXXs home using DS-1 or DS-3 facilities other than the
facilities used for Local Interconnection Trunk Groups. Neither
Party will charge the other any amount for any meet-point
facilities.
D. In the case of Switched Access Services provided through
PACIFIC's Access Tandem, PACIFIC will not offer blocking
capability for Switched Access customer traffic delivered to
PACIFIC's tandem for completion on CLEC's network. The Parties
understand and agree that Meet-Point Trunking arrangements are
available and functional only to or from Switched Access
customers who directly connect with PACIFIC's tandems that CLEC
subtends in each LATA. In no event will PACIFIC be required to
route such traffic through more than one tandem for connection
to or from Switched Access customers.
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Attachment 18
PACIFIC shall have no responsibility to ensure that any Switched
Access customer will accept traffic that CLEC directs to the
Switched Access customer. PACIFIC also agrees to furnish CLEC a
list of those IXCs which also interconnect with PACIFIC's
tandems.
E. The Parties will provide CCS to one another, where and as
available, in conjunction with meet-point two-way trunk groups.
CLEC may establish CCS interconnections (either directly or
through a third party), provided such third-party is
interconnected with PACIFIC pursuant to inter- and intra-state
access tariffs. The Parties will exchange TCAP messages to
facilitate full inter-operability of CCS-based features between
their respective networks, including all CLASS features and
functions, to the extent each carrier offers such features and
functions to its own end users. CLEC will provide all CCS
signaling including, without limitation, Charge Number and
originating line information ("OLI"). For terminating FGD,
PACIFIC will pass all CCS signaling including, without
limitation, CPN if it receives CPN from FGD carriers. All
privacy indicators will be honored. Where available, network
signaling information such as Transit Network Selection ("TNS")
parameter, Carrier Identification Codes ("CIC"), (CCS platform)
and CICIOZZ information (non-CCS environment) will be provided
by CLEC wherever such information is needed for call routing or
billing. The Parties will follow all OBF adopted standards
pertaining to TNS and CIC/OZZ codes.
F. The Parties shall use CCS in conjunction with Meet-Point Trunks,
provided that they must use multifrequency ("MF") signaling on a
separate Meet Point Trunk group for originating FGD access to
Switched Access customers that use MF FGD signaling protocols
and may use such signaling due to equipment constraints. The
Parties shall not provide MF and CCS trunk within a DS-1
facility. They must use a separate DS-1 facility for each
signaling type.
G. CLEC shall deliver all originating Toll Free Service calls for
which it requests that PACIFIC perform the Service Switching
Point ("SSP") function (e.g., performs the database query) using
GR-394 format over the Meet-Point Trunk group. CLEC shall use
Carrier Code "0110" and Circuit Code of "08" for all such calls.
H. When CLEC performs the SSP function for Toll Free service calls,
and if such calls are destined for an IEC, if CLEC delivers such
calls to PACIFIC it shall do so over Meet Point Trunk Groups
using GR-394 format. When CLEC performs the SSP function for
Toll Free service calls, and if such calls are destined for NXXs
within the LATA, if CLEC delivers such calls to PACIFIC, it
shall do so over the Local Interconnection Trunk Group using
GR-317 format.
22
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Attachment 18
I. Originating Feature Group B calls delivered to PACIFIC's tandem
shall use GR-317 signaling format unless the associated FGB
carrier employs GR-394 signaling for its FGB traffic at the
serving Access Tandem.
VI. RESPONSIBILITIES OF THE PARTIES
A. CLEC and PACIFIC agree to exchange such reports and/or data as
provided in this Attachment to facilitate the proper billing of
traffic. Either Party may request an audit of such usage reports
on no fewer than ten (10) business days written notice and any
audit shall be accomplished during normal business hours at the
office of the Party being audited (which shall be San Francisco
for CLEC and San Francisco for PACIFIC). Such audit must be
performed by a mutually agreed-to auditor paid for by the Party
requesting the audit. Such audits shall be requested within six
months of having received the PLU factor and usage reports from
the other Party and may not be requested more than twice per
year.
B. CLEC and PACIFIC will review engineering requirements on a
semi-annual basis and establish guidelines for forecasts of
trunk and facilities utilization provided under this Attachment.
C. CLEC and PACIFIC shall share responsibility for all Control
Office functions for Local Interconnection Trunks and Trunk
Groups, and both Parties shall share the overall coordination,
installation, and maintenance responsibilities for these trunks
and trunk groups.
D. CLEC is responsible for all Control Office functions for Meet
Point Trunks and Trunk Groups, and shall be responsible for the
overall coordination, installation, and maintenance
responsibilities for these trunks and trunk groups.
E. CLEC and PACIFIC shall:
1. Provide trained personnel with adequate and compatible
test equipment to work with each others' technicians.
2. Notify each other when there is any change affecting the
service requested, including the due date.
3. Coordinate and schedule testing activities of their own
personnel, and others as applicable, to ensure its
interconnection trunks/trunk groups are installed per
the interconnection order, meet agreed upon acceptance
test requirements, and are placed in service by the due
date.
4. Perform sectionalization to determine if a trouble is
located in its facility or its portion of the
interconnection trunks prior to referring the trouble to
each other.
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Attachment 18
5. Advise each other's Control Office if there is an
equipment failure that may affect the interconnection
trunks.
6. Provide each other with a trouble reporting number that
is readily accessible and available 24 hours/7 days a
week.
7. Provide to each other test-line numbers and access to
test lines, including a test-line number that returns
answer supervision in each NPA-NXX opened by a Party.
F. CLEC and PACIFIC will provide their respective billing contact
numbers to one another on a reciprocal basis
G. The Parties will conduct cooperative testing for the proper
recording of AMA records in each carrier switch(es) before
establishing service.
H. Prior to the time of interconnection, CLEC will provide to
PACIFIC CLEC's references or internal standards governing each
topic in the Bilateral Agreement Template/Worksheet attached as
Appendix B, for which there is a corresponding PACIFIC
reference.
VII. INSTALLATION OF TRUNKS
Due dates for the installation of Local Interconnection Trunk Groups and
Meet Point Trunks covered by this Agreement shall be equal to PACIFIC's
Switched Access intervals.
VIII. TRUNK FORECASTING
A. The Parties shall work towards the development of joint
forecasting responsibilities for traffic utilization over trunk
groups. Orders for trunks that exceed forecasted quantities for
forecasted locations will be accommodated as facilities and/or
equipment becomes available. The Parties must provide forecast
information to each other twice a year. The forecasting Service
Performance Measures and Liquidated Damages (Attachment 17 to
this Agreement) shall not apply to the following forecasts. The
semi-annual forecasts shall include:
1. Yearly forecasted trunk quantities (which include
measurements that reflect actual tandem Local
Interconnection and Meet Point Trunk Groups and end office
equivalent trunking requirements, whether or not tandem
subtending) for a minimum of three (current and plus-i and
plus-2) years;
2. The use of Common Language Location Identifier, described
in Bellcore documents BR 000-000-000 and BR 795400-100
and;
24
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Attachment 18
3. A description of major network projects anticipated for
the following six months. Major network projects include
trunking or network rearrangements, shifts in anticipated
traffic patterns, or other activities that are reflected
by a significant increase or decrease in trunking demand
for the following forecasting period.
B. If differences in semi-annual forecasts of the Parties vary by
more than 48 additional DSO two-way trunks for each Local
Interconnection Trunk Group, the Parties shall meet to reconcile
the forecast to within 48 DSO trunks.
C. If a trunk group is under 75 percent (75%) of centum call seconds
capacity on a monthly average basis for each month of any
six-month period, either Party may request the issuance of an
order to resize the trunk group, which shall be left with not
less than 25% excess capacity. In all cases, grade-of-service
objectives identified in Section IX, following, shall be
maintained.
D. Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
IX. GRADE OF SERVICE
A blocking standard of one half of one percent (.005) during the average
busy hour, for final trunk groups between the Parties' networks carrying
Meet-Point traffic shall be maintained. All other final trunk groups
shall be engineered with a blocking standard of one percent (.01)
X. LOCAL INTERCONNECTION TRUNK SERVICING
A. Orders between the Parties to establish, add, change or
disconnect trunks shall be processed by use of an
Interconnection Service Request ("ISR") for CLEC orders to
PACIFIC or an Access Service Request "ASR" for PACIFIC orders to
CLEC.
B. The Parties will jointly manage the capacity of Local
Interconnection Trunk Groups. PACIFIC's Circuit Provisioning
Assignment Center ("XXXX") and CLEC's equivalent center will
send a Trunk Group Service Request ("TGSR") to the other Party
to trigger changes to the Local Interconnection Trunk Groups
based on capacity assessment. Either Party upon receipt of the
TGSR will issue an ISRIASR to the other Party:
1. Within 10 business days after receipt of the TGSR; or
2. At any time as a result of either Party's own capacity
management assessment, in order to begin the
provisioning process.
C. Orders that comprise a major project shall be submitted at the
same time, and their implementation shall be jointly planned and
coordinated. Major projects are those
25
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Attachment 18
that require the coordination and execution of multiple orders or
related activities between and among PACIFIC and CLEC work groups
including, but not limited to, the initial establishment of Local
Interconnection or Meet Point Trunk Groups and service in an area, NXX
code moves, re-homes, facility grooming, or network rearrangements.
D. The Parties will cooperate to establish separate high-volume
trunk groups for the completion of calls to high volume
customers, such as radio contest lines.
E. CLEC will be responsible for engineering its network on its side
of the P01. PACIFIC will be responsible for engineering its
network on its side of the P01.
XI. TROUBLE REPORTS
CLEC and PACIFIC will cooperatively plan and implement coordinated
repair procedures for the Meet Point and Local Interconnection Trunks
and facilities to ensure that trouble reports are resolved in a timely
and appropriate manner consistent with procedures referenced in Section
VI of this Attachment.
XII. NETWORK MANAGEMENT
A. Protective Controls Either Party may use protective network
traffic management controls, such as 7-digit and 10-digit code
gaps, on traffic toward each other's network, when required to
protect the public switched network from congestion due to
facility failures, switch congestion or failure, or focused
overload. CLEC and PACIFIC will immediately notify each other of
any protective control action planned or executed.
B. Expansive Controls Where the capability exists, either Party may
implement originating or terminating traffic reroutes to relieve
network congestion temporarily due to failures or abnormal
calling patterns. Reroutes will not be used to circumvent normal
trunk servicing. Expansive controls will only be used when the
Parties mutually agree.
C. Mass Calling CLEC and PACIFIC shall cooperate and share
pre-planning information regarding cross-network call-ins
expected to generate large or focused temporary increases in
call volumes.
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ATTACHMENT 18/APPENDIX A: POI CHART
CRL NETWORK SERVICES, INC.
CLEC Access Tandem/ End CLEC Routing Point POI Pacific Access Tandem
Office End Office
SNFCCA86DS0 SNFCCA86W05 SNFCCA2143T
323
ATTACHMENT 00
XXXXXXXX X
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
000
XXXXXXXXXX 00 - XXXXXXXX X
Page 2
Worksheet Current As Of:
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ------------------------ ------------------------
1 Internetwork provisioning CLC Handbook ("HB"), Section
information and guidelines. 16.5, Provisions of XXXX.
CLC Handbook, Appendix F1, CLC
ISR Users' Guide.
Interconnection Agreement
between ____________ and
Pacific,
_______ 1996
2 SS7 & other critical CLC Operations Handbook-SS7,
internetwork compatibility Section 16.7.3.2 & .3,
testing. Pre-service & Protocol Testing.
CCS Network Interface, Section
6.3, Protocol Compatibility
Testing.
NOF Handbook, Section III, 3G, SS7
Compatibility Testing.
3 Special Protocol CCS Network Interface, Section
implementation 2.3, Interface Protocol
agreements. Messages.
TR-246, T1.114 (SCCP) & T1.116
(SCCP); GR-317 and GR-394.
CCS Questionnaire, Section IV, D- 2
Switch Parameters.
325
ATTACHMENT 18 - APPENDIX B
Page 3
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ----------------------------- ----------------------
4 Diversity Requirements CCS Network Interface, Section
4.1, Diversity Definition.
NOF Handbook, Section III, 2D,
Link Responsibilities -
Diversity.
5 Installation, maintenance CLC Operations Handbook-XXXX,
guidelines and Section 16.6.2,
responsibilities. Responsibilities.
CLC Operations Handbook-SS7,
Section 16.7.2,
Responsibilities
6 Network security CLC Operations Handbook-XXXX,
requirements. Section 16.6.11 & .12; i
(Emergency & Fraud).
7 Performance standards XXXX Interface Specification,
and service level Section 4, Performance.
agreements.
8 Specific versions/issues of CCS Network Interface, Section
protocol or interface 1.4, Related Documents.
specification.
9 Maintenance procedures, CLC Operations Handbook-XXXX,
including trouble reporting, Section 16.6.4, Maintenance
status, etc.
CLC Operations Handbook-SS7,
Section 16.7.4, Maintenance
000
XXXXXXXXXX 00 - XXXXXXXX X
Page 4
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ------------------- ------------------
10 Internetwork trouble CLC Operations XX-XXXX, Section
resolution and escalation 16.6.4 & .6, Sectionalization;
procedures. Escalations.
CLC Operations HB-557, Section
16.7.4 & .6, Sectionalization;
Escalations.
Interconnection Agreement between
____________ and Pacific, _______
1996.
11 In-depth root cause SI. 131 - Customer Service Quality
analysis of significant Failure Report (Analysis).
failures.
12 Explicit forecasting CLC HB, Appendix C,
information re: direct and Interconnection Forecasts.
subtending traffic.
13 Explicit expectations CLC Operations Handbook-557,
regarding interoperability Section 16.7.3.3 & .4,
testing. Protocol/Acceptance Tests.
CCS Network Interface, Section
6.3, Protocol Compatibility
Testing.
CLC Operations Handbook-XXXX,
Section 16.6.3.3 Acceptance
Tests.
000
XXXXXXXXXX 00 - XXXXXXXX X
Page 5
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ------------------- --------------
14 Network management CLC Operations XX-XXXX, Section
16.6.2.5, Network Management
Guidelines.
NOF Handbook, Section VI,
Network Management Guidelines.
Interconnection Agreement
between _________ and Pacific,
_________ 1996
15 CLC Operations Handbook - XXXX
(all sections).
CLC Operations Handbook - SS7 (all
sections).
16 Routing and screening XXXX Interface Specification,
administration. Section 2.2, Routing &
Screening.
CCS Network Interface, Section
2.2, Routing & Screening
(MTP/SCCP).
Interconnection Agreement between
____________ and Pacific, ______
1996.
17 Synchronization design CLC Operations Handbook-SS7,
and company-wide Section 16.7.3.5, Synchronization.
coordinator(s).
000
XXXXXXXXXX 00 - XXXXXXXX X
Page 6
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ------------------------- --------------
18 Performance XXXX Interface Specification,
requirements. Section 4, Performance.
CCS Network Interface,
Section 5, Performance.
19 Responsibility assignment CLC Operations Handbook - XXXX
(testing, control, etc.). (throughout)
CLC Operations Handbook - SS7
(throughout)
Interconnection Agreement between
____________ and Pacific, _______
1996.
20 Information sharing for CLC Oprs XX-XXXX, Section
analysis and problem 16.6.4.3 & 16.6.5 Sectionalization
identification. & Intercarrier Testing.
NOF Handbook, Section VII,
Information Sharing.
000
XXXXXXXXXX 00 - XXXXXXXX X
Page 7
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- --------------------- ------------------
21 Network transition and CLC Operations Handbook-XXXX,
service rearrangement Section 16.6.3.7, Rearrangements.
management.
CLC Operations HB-SS7, Section
16.7.3.9, Signaling Link
Rearrangements.
CCS Questionnaire, Section
III, 2
Trunk Conversion
Considerations.
22 Calling Party Number CLC XX-XXXX, Section 16.5.6,
privacy management. Prerequisites, Limitations &
Restrictions.
Interconnection Agreement between
____________ and Pacific, _______
1996.
23 Traffic engineering design Interconnection Agreement between
criteria and capacity ____________ and Pacific, _______
management 1996.
330
ATTACHMENT 18 - APPENDIX B
Page 8
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ---------------------- ---------------
24 Tones and CLC Operations XX-XXXX, Section
announcements for 16.6.9.4, Tones and
unsuccessful call Announcements.
attempts.
CCS Network Interface, Section
3.4, Tones and Announcements.
NOF Handbook, Section III,
Pg 17, Tones and Announcements
25 Mutual aid agreements(s). CLC Handbook, Section 48,
Emergency Preparedness.
Agreement between BCCs for
Nat'I Security Emergency
Preparedness.
Mutual Aid Agreement Among IEC
and LEC Carriers in California.
26 Emergency Emergency preparedness &
communications plan. Response Program, Tab 4,
Communications
NOF Handbook, Section III, Pg 16,
Emergency Communications.
27 Billing records data
exchange
331
ATTACHMENT 18 - APPENDIX B
Page 9
BILATERAL AGREEMENT TEMPLATE/WORKSHEET
Topic Pacific Xxxx Reference(s) CLEC Reference(s) Notes / Status
--------- ---------------------------------- -------------------------------- ----------------------- ---------------
28 Pre-cutover internetwork CCS Network Interface, Section
trunk testing. 6.3, Protocol Compatibility
Testing.
CLC Operations XX-XXXX, Section
16.6.3.2 & .3,
Pre-Service/Acceptance Tests.
CLC Operations HB-SS7, Section
16.7.3.4 & .5,
Protocol/Acceptance Tests