March 2, 2000
XXXX XXXXX
ILLINOIS
Attached is a copy of the signed Resale Agreement for xxxxxxxxx.xxx, Inc. This
is a generic resale agreement. Information specific to the CLEC is:
SBC Account Manager: Xxxxxxxxx Xxxxxxxxxxx
Account Manager Telephone: 000-000-0000
CLEC Officer Name: Xxxx Xxxxx
Vice President of Business Development, Telecom
0 Xxxxxxxxxx Xxxxx Xxxxx, 0xx Xxxxx
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000,ext. 136
Fax: 000-000-0000
If you have any questions, please call me on (000) 000-0000.
/s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Manager-Negotiations Support
Attachment - Signed Agreement
STATE OF ILLINOIS )
)
COUNTY OF XXXX )
VERIFICATION
Xxxxxxx X. Xxxxxx, being duly sworn, states on oath that she is
Project Manager-Contract Negotiations Support for Southwestern Xxxx Telephone
Company/Illinois Xxxx Telephone Company Negotiations and Interconnection, and
that the facts stated in the foregoing Joint Petition for Approval of Negotiated
Agreement and Statement in Support of Joint Petition for Approval are true and
correct to the best of her knowledge, information and belief.
/s/ Xxxxxxx X. Xxxxxx
-----------------------------------------
Xxxxxxx X. Xxxxxx
Subscribed and sworn to before me this _____ day of ___________, 2000.
-----------------------------------------
Notary Public
March 2, 2000
XXXX XXXXXXXX
INDIANA
Attached is a copy of the signed Resale Agreement for xxxxxxxxx.xxx, Inc. This
is a generic resale agreement. Information specific to the CLEC is:
SBC Account Manager: Xxxxxxxxx Xxxxxxxxxxx
Account Manager Telephone: 000-000-0000
CLEC Officer Name: Xxxx Xxxxx
Vice President of Business Development, Telecom
0 Xxxxxxxxxx Xxxxx Xxxxx, 0xx Xxxxx
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000,ext. 136
Fax: 000-000-0000
If you have any questions, please call me on (000) 000-0000.
/s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Manager-Negotiations Support
Attachment - Signed Agreement
March 2, 2000
XXXXXXX XXXXXX
MICHIGAN
Attached is a copy of the signed Resale Agreement for xxxxxxxxx.xxx, Inc. This
is a generic resale agreement. Information specific to the CLEC is:
SBC Account Manager: Xxxxxxxxx Xxxxxxxxxxx
Account Manager Telephone: 000-000-0000
CLEC Officer Name: Xxxx Xxxxx
Vice President of Business Development, Telecom
0 Xxxxxxxxxx Xxxxx Xxxxx, 0xx Xxxxx
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000,ext. 136
Fax: 000-000-0000
If you have any questions, please call me on (000) 000-0000.
/s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Manager-Negotiations Support
Attachment - Signed Agreement
March 2, 2000
XXX X. XXXXX
OHIO
Attached is a copy of the signed Resale Agreement for xxxxxxxxx.xxx, Inc. This
is a generic resale agreement. Information specific to the CLEC is:
SBC Account Manager: Xxxxxxxxx Xxxxxxxxxxx
Account Manager Telephone: 000-000-0000
CLEC Officer Name: Xxxx Xxxxx
Vice President of Business Development, Telecom
0 Xxxxxxxxxx Xxxxx Xxxxx, 0xx Xxxxx
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000,ext. 136
Fax: 000-000-0000
If you have any questions, please call me on (000) 000-0000.
/s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Manager-Negotiations Support
Attachment - Signed Agreement
March 2, 2000
XXXX XXXXXX
WISCONSIN
Attached is a copy of the signed Resale Agreement for xxxxxxxxx.xxx, Inc. This
is a generic resale agreement. Information specific to the CLEC is:
SBC Account Manager: Xxxxxxxxx Xxxxxxxxxxx
Account Manager Telephone: 000-000-0000
CLEC Officer Name: Xxxx Xxxxx
Vice President of Business Development, Telecom
0 Xxxxxxxxxx Xxxxx Xxxxx, 0xx Xxxxx
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000,ext. 136
Fax: 000-000-0000
If you have any questions, please call me on (000) 000-0000.
/s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Manager-Negotiations Support
Attachment - Signed Agreement
--------------------------------------------------------------
/s/ [ILLEGIBLE]
XXXXXXX XXXXXX (INITIAL) 2/25/00
-------
DATE
XXXXX XXXXXX (SIGN) /s/ [ILLEGIBLE] FEB 25 2000
-------
DATE
--------------------------------------------------------------
EXECUTIVE SUMMARY
RESALE AGREEMENT
FOR
xxxxxxxxx.xxx, INC.
xxxxxxxxx.xxx, Inc. has signed a generic Resale Agreement for Illinois, Indiana,
Michigan, Ohio and Wisconsin. No changes have been made to the agreement other
than the CLEC name and notice information.
Xxxxxx Xxxxx 000 000-0000 is the account manager for xxxxxxxxx.xxx, Inc.
PLEASE RETURN TO XXXXX XXXXXX 000 000-0000 AFTER SIGNATURE FOR FURTHER
PROCESSING.
RESALE AGREEMENT
by and among
Illinois Xxxx Telephone Company,
Xxxxxxx Xxxx Telephone Company Incorporated,
Michigan Xxxx Telephone Company,
Nevada Xxxx Telephone Company,
The Ohio Xxxx Telephone Company,
Pacific Xxxx Telephone Company,
The Southern New England Telephone Company
Southwestern Xxxx Telephone Company,
Wisconsin Xxxx, Inc. d/b/a Ameritech Wisconsin
and
xxxxxxxxx.xxx, Inc.
TABLE OF CONTENTS
1. INTRODUCTION ..........................................................5
2. DEFINITIONS ...........................................................6
3. INTERPRETATION, CONSTRUCTION AND SEVERABILITY ........................17
4. DESCRIPTION AND CHARGES FOR SERVICES .................................21
5. GENERAL RESPONSIBILITIES OF THE PARTIES ..............................22
6. EFFECTIVE DATE, TERM, AND TERMINATION ................................23
7. FRAUD BY END USER(S) .................................................25
8. DEPOSITS (SBC-12STATE) ...............................................27
9. BILLING AND PAYMENT OF CHARGES .......................................30
10. NONPAYMENT AND PROCEDURES FOR DISCONNECTION ..........................35
11. TERMS AND CONDITIONS FOR RESALE OF SERVICES ..........................39
12. ADDITIONAL TERMS APPLICABLE TO RESALE OF SERVICES ....................49
13. ANCILLARY SERVICES ...................................................49
14. NETWORK AND SERVICE ORDER CONDITIONS .................................51
15. DISPUTE RESOLUTION ...................................................52
16. AUDITS - Applicable in SBC-12STATE only ..............................56
17. RESPONSIBILITIES OF SWBT .............................................59
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES .........................61
19. LIMITATION OF LIABILITY ..............................................61
20. RESPONSIBILITIES OF CLEC ............................................63
21. INDEMNITY ............................................................65
22. REMEDIES ............................................................71
23. INTELLECTUAL PROPERTY ...............................................71
24. NOTICES .............................................................72
25. PUBLICITY AND USE OF TRADEMARKS OR SERVICE MARKS ....................74
26. NO LICENSE ..........................................................75
27. CONFIDENTIALITY .....................................................75
28. INTERVENING LAW .....................................................80
29. GOVERNING LAW .......................................................81
30. REGULATORY APPROVAL .................................................81
31. CHANGES IN END USER LOCAL EXCHANGE SERVICE PROVIDER
SELECTION ...........................................................81
32. COMPLIANCE AND CERTIFICATION ........................................84
33. LAW ENFORCEMENT .....................................................84
34. RELATIONSHIP OF THE PARTIES/INDEPENDENT CONTRACTOR ..................86
35. NO THIRD PARTY BENEFICIARIES; DISCLAIMER OF AGENCY ..................86
36. ASSIGNMENT ..........................................................86
37. DELEGATION TO AFFILIATE .............................................87
38. SUBCONTRACTING ......................................................88
39. FORCE MAJEURE .......................................................88
40. TAXES ...............................................................89
41. NON-WAIVER ..........................................................92
42. CUSTOMER INQUIRIES ..................................................93
43. EXPENSES ............................................................93
44. CONFLICT OF INTEREST ................................................93
45. AMENDMENTS AND MODIFICATIONS ........................................94
46. SURVIVAL ............................................................94
47. APPENDICES INCORPORATED BY REFERENCE ................................94
48. AUTHORITY ...........................................................95
49. COUNTERPARTS ........................................................95
50. ENTIRE AGREEMENT.....................................................95
RESALE AGREEMENT
STAND-ALONE
This Agreement under Sections 251 and 252 of the Telecommunications
Act of 1996 (the "Agreement"), is dated as of February 25, 2000 among SBC
Communications Inc. covering ILLINOIS XXXX TELEPHONE COMPANY, XXXXXXX XXXX
TELEPHONE COMPANY INCORPORATED, MICHIGAN XXXX TELEPHONE COMPANY, NEVADA XXXX
TELEPHONE COMPANY (A NEVADA CORPORATION), THE OHIO XXXX TELEPHONE COMPANY,
PACIFIC XXXX TELEPHONE COMPANY (A CALIFORNIA CORPORATION), THE SOUTHERN NEW
ENGLAND TELEPHONE COMPANY (A CONNECTICUT CORPORATION) AND SOUTHWESTERN XXXX
TELEPHONE COMPANY (A MISSOURI CORPORATION), AND WISCONSIN XXXX, INC. D/B/A
AMERITECH WISCONSIN, and xxxxxxxxx.xxx, Inc. (CLEC), (a Delaware corporation),
shall apply to the state(s) of Illinois, Indiana, Michigan, Ohio and Wisconsin.
WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"),
the Parties wish to establish terms for the purchase by CLEC of certain ILLINOIS
XXXX TELEPHONE COMPANY, XXXXXXX XXXX TELEPHONE COMPANY INCORPORATED, MICHIGAN
XXXX TELEPHONE COMPANY, NEVADA XXXX TELEPHONE COMPANY (A NEVADA CORPORATION),
THE OHIO XXXX TELEPHONE COMPANY, PACIFIC XXXX TELEPHONE COMPANY (A CALIFORNIA
CORPORATION), THE SOUTHERN NEW ENGLAND TELEPHONE COMPANY (A CONNECTICUT
CORPORATION) AND SOUTHWESTERN XXXX TELEPHONE COMPANY (A MISSOURI CORPORATION),
AND WISCONSIN XXXX, INC. D/B/A AMERITECH WISCONSIN, retail Telecommunications
Services and certain other services for resale by CLEC to its local exchange End
User(s) within the state(s) listed on page 1 in the preamble to this Agreement;
NOW, THEREFORE, the Parties hereby agree as follows:
WHEREAS, for purposes of this Agreement, CLEC intends to operate where
ILLINOIS XXXX TELEPHONE COMPANY, XXXXXXX XXXX TELEPHONE COMPANY INCORPORATED,
MICHIGAN XXXX TELEPHONE COMPANY, NEVADA XXXX TELEPHONE COMPANY (A NEVADA
CORPORATION), THE OHIO XXXX TELEPHONE COMPANY, PACIFIC XXXX TELEPHONE COMPANY (A
CALIFORNIA CORPORATION), THE SOUTHERN NEW ENGLAND TELEPHONE COMPANY (A
CONNECTICUT CORPORATION) AND SOUTHWESTERN XXXX TELEPHONE COMPANY (A MISSOURI
CORPORATION), AND WISCONSIN XXXX, INC D/B/A AMERITECH WISCONSIN are the
incumbent Local Exchange Carrier(s) and CLEC, a competitive Local Exchange
Carrier, has or, prior to purchasing resale services, Telecommunications
Services or any other functions, facilities, products or services hereunder,
will have been granted authority to provide certain local Telephone Exchange
Services in the foregoing ILEC Service areas by the appropriate State
Commission(s);
1. INTRODUCTION
1.1 This Agreement sets forth the rates, terms and conditions
for those services available for sale at retail to End Users
that are made available by ILLINOIS XXXX TELEPHONE COMPANY,
XXXXXXX XXXX TELEPHONE COMPANY INCORPORATED, MICHIGAN XXXX
TELEPHONE COMPANY, NEVADA XXXX TELEPHONE COMPANY (A
NEVADA CORPORATION), THE OHIO XXXX TELEPHONE COMPANY, PACIFIC XXXX TELEPHONE
COMPANY (A CALIFORNIA CORPORATION), THE SOUTHERN NEW ENGLAND TELEPHONE
COMPANY (A CONNECTICUT CORPORATION) SOUTHWESTERN XXXX TELEPHONE COMPANY (A
MISSOURI CORPORATION), AND WISCONSIN XXXX, INC. D/B/A AMERITECH WISCONSIN to
CLECs for resale.
2. DEFINITIONS
2.1 Capitalized Terms used in this Agreement shall have the
respective meanings specified herein, in the definition
section of each Appendix, Attachment, Exhibit or Schedule
attached hereto, and/or as defined elsewhere in this
Agreement.
2.2 GENERAL DEFINITIONS
2.2.1 "A-LINK" means a diverse pair of facilities
connecting local end office switching centers with
Signaling Transfer Points.
2.2.2 "ACT" means the Communications Act of 1934 [47
U.S.C. 153(R)], as amended by the
Telecommunications Act of 1996, Public Law
104-104, 110 Stat. 56 (1996) codified throughout
47 U.S.C.
2.2.3 "AFFILIATE" is As Defined in the Act.
2.2.4 "ALTERNATE BILLING SERVICE (ABS)" means a service
that allows End Users to xxxx calls to accounts
that may not be associated with the originating
line. There are three types of ABS calls: calling
card, collect and third number billed calls.
2.2.5 AM-IL - As used herein, AM-IL means the applicable
SBC owned ILEC doing business in Illinois.
2.2.6 AM-IN - As used herein, AM-IN means the applicable
SBC owned ILEC doing business in Indiana.
2.2.7 AM-MI - As used herein, AM-MI means the applicable
SBC owned doing business in Michigan.
2.2.8 AM-OH - As used herein, AM-OH means the applicable
SBC owned ILEC doing business in Ohio.
2.2.9 AM-WI - As used herein, AM-WI means the applicable
SBC owned ILEC doing business in Wisconsin.
2.2.10 "APPLICABLE LAW" means all laws, statutes, common
law, regulations, ordinances, codes, rules,
guidelines, orders, permits, tariffs and
approvals, including those relating to the
environment or health and safety, of any
Governmental Authority that apply to the Parties
or the subject matter of this Agreement.
2.2.11 "AS DEFINED IN THE ACT" means as specifically
defined by the Act.
2.2.12 "AS DESCRIBED IN THE ACT" means as described in or
required by the Act.
2.2.13 "AUTOMATED MESSAGE ACCOUNTING" (AMA) is a
structure inherent in switch technology that
initially records Telecommunication message
information. AMA format is contained in the
Automated Message Accounting document published by
Telcordia (formerly known as Bellcore) as
GR-1100-CORE, which defines and amends the
industry standard for message recording.
2.2.14 "BILLED NUMBER SCREENING" (BNS) means a validation
of toll billing exception (TBE) data and
performance of public telephone checks; i.e.,
determining if a billed line is a public
(including those classified as semipublic)
telephone number.
2.2.15 "BUSINESS DAY" means Monday through Friday,
excluding holidays on which the applicable SBC
ILEC does not provision new retail services and
products.
2.2.16 "BUSY LINE VERIFICATION" (BLV) means a service
whereby an End User requests an operator to
confirm the busy status of a line.
2.2.17 "CABS" means the Carrier Access Billing System.
2.2.18 "CALLING CARD SERVICE" means a service that
enables a calling End User to xxxx a telephone
call to a calling card number with or without the
help of an operator.
2.2.19 "CALLING NAME DELIVERY SERVICE (CNDS)" means a
service that enables a terminating End User to
identify the calling party by a displayed name
before a call is answered. The calling party's
name is retrieved from a Calling Name Database and
delivered to the End User's premise between the
first and second ring for display on compatible
End User premises equipment.
2.2.20 "CALLING NAME INFORMATION" means a
Telecommunications Carrier's records of its End
Users names associated with one or more assigned
ten-digit telephone numbers.
2.2.21 "CALLING NUMBER DELIVERY" means a feature that
enables an End User to view the directory number
of the calling party on a display unit.
2.2.22 "CALLING PARTY NUMBER" (CPN) means a Signaling
System 7 "SS7" parameter whereby the ten (10)
digit number of the calling Party is forwarded
from the End Office.
2.2.23 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS)
means the transport system that LECs use to
exchange outcollect and Carrier Access Billing
System "CABS" access messages among each other and
other Parties connected to CMDS.
2.2.24 "CNAM QUERY" means a LIDB Service Application that
allows CLEC to query a Calling Name Database for
Calling Name Information in order to deliver that
information to CLEC's local CNDS subscribers.
2.2.25 "CNAM QUERY RATE" means a rate that applies to
each CNAM Query received at the SCP where the
Calling Name Database resides.
2.2.26 "COMMISSION" means the applicable State agency
with regulatory authority over Telecommunications.
Unless the context otherwise requires, use of the
term "COMMISSIONS" means all of the thirteen
agencies listed in this Section. The following is
a list of the appropriate State agencies:
2.2.26.1 THE ARKANSAS PUBLIC SERVICE COMMISSION
(AR-PSC);
2.2.26.2 THE PUBLIC UTILITIES COMMISSION OF THE
STATE OF CALIFORNIA (CA-PUC);
2.2.26.3 THE CONNECTICUT DEPARTMENT OF PUBLIC
UTILITY CONTROL (CT-DPUC);
2.2.26.4 THE ILLINOIS COMMERCE COMMISSION
(IL-CC);
2.2.26.5 THE INDIANA UTILITIES REGULATORY
COMMISSION (IN-URC);
2.2.26.6 THE KANSAS CORPORATION COMMISSION
(KS-CC);
2.2.26.7 THE MICHIGAN PUBLIC SERVICE COMMISSION
(MI-PSC);
2.2.26.8 THE MISSOURI PUBLIC SERVICE COMMISSION
(MO-PSC);
2.2.26.9 THE PUBLIC UTILITIES COMMISSION OF
NEVADA (NV-PUC);
2.2.26.10 THE PUBLIC UTILITIES COMMISSION OF OHIO
(PUC-OH);
2.2.26.11 THE OKLAHOMA CORPORATION COMMISSION
(OK-CC);
2.2.26.12 THE PUBLIC UTILITY COMMISSION OF TEXAS
(PUC-TX); AND
2.2.26.13 THE PUBLIC SERVICE COMMISSION OF
WISCONSIN
2.2.27 "CONSEQUENTIAL DAMAGES" means Losses claimed to
have resulted from any indirect, incidental,
reliance, special, consequential, punitive,
exemplary, multiple or any other Loss, including
damages claimed to have resulted from harm to
business, loss of anticipated revenues, savings,
or profits, or other economic Loss claimed to have
been suffered not measured by the prevailing
Party's actual damages, and regardless of whether
the Parties knew or had been advised of the
possibility that such damages could result in
connection with or arising from anything said,
omitted, or done hereunder or related hereto,
including willful acts or omissions.
2.2.28 "CUSTOMER USAGE DATA" means the Telecommunications
Services usage data of a CLEC End User measured in
minutes, sub-minute increments, message units, or
otherwise, that is recorded by SBC-13STATE and
forwarded to CLEC.
2.2.29 "CUSTOM LOCAL AREA SIGNALING SERVICE FEATURES"
(CLASS FEATURES) means certain Common Channel
Signaling based features available to End Users,
including: Automatic Call Back; Call Trace;
Distinctive Ringing/Call Waiting; Selective Call
Forward; and Selective Call Rejection.
2.2.30 "END USERS" means a third-party residence or
business that subscribes to Telecommunications
Services provided by any of the Parties at retail.
As used herein, the term "End Users" does not
include any of the Parties to this Agreement with
respect to any item or service obtained under this
Agreement.
2.2.31 "CUSTOMER NAME AND ADDRESS INFORMATION" (CNA)
means the name, service address and telephone
numbers of a Party's End Users for a particular
Exchange Area. CNA includes nonpublished listings,
coin telephone information and published listings.
2.2.32 "DELAYING EVENT" means (a) any failure of a Party
to perform any of its obligations set forth in
this Agreement, caused in whole or in part by:
2.2.32.1 the failure of the other Party to
perform any of its obligations set forth
in this Agreement, including but not
limited to a Party's failure to provide
the other Party with accurate and
complete Service Orders;
2.2.32.2 any delay, act or failure to act by the
other Party or its End User, agent or
subcontractor; or
2.2.32.3 any Force Majeure Event.
2.2.33 "DIALING PARITY" is As Defined in the Act. As used
in this Agreement, Dialing Parity refers to both
Local Dialing Parity and Toll Dialing Parity.
2.2.34 "DIGITAL SIGNAL LEVEL" is one of several
transmission rates in the time-division multiplex
hierarchy.
2.2.34.1 "DIGITAL SIGNAL LEVEL O" (DS-0) is
the 64 Kbps zero-level signal in the
time-division multiplex hierarchy.
2.2.34.2 "DIGITAL SIGNAL LEVEL 1" (DS-1) is the
1.544 Mbps first-level signal in the
time-division multiplex hierarchy.
2.2.34.3 "DIGITAL SIGNAL LEVEL 3" (DS-3) is the
44.736 Mbps third-level signal in the
time-division multiplex hierarchy.
2.2.34.4 "DIGITAL SUBSCRIBER LINE" (DSL) is as
defined in the applicable Appendix DSL
and/or the applicable tariff, as
appropriate.
2.2.35 "ELECTRONIC FILE TRANSFER" is any system or
process that utilizes an electronic format and
protocol to send or receive data files.
2.2.36 "ENHANCED SERVICE PROVIDER" (ESP) is a provider of
enhanced services as those services are defined in
47 CFR Section 64.702.
2.2.37 "EXCHANGE ACCESS" is As Defined in the Act.
2.2.38 "EXCHANGE AREA" means an area, defined by the
Commission, for which a distinct local rate
schedule is in effect.
2.2.39 "EXCHANGE MESSAGE INTERFACE" (EMI) (formerly
Exchange Message Record - EMR) is the standard
used for exchange of Telecommunications message
information among Telecommunications Carriers for
billable, non-billable, sample, settlement and
study data. EMI format is contained in Telcordia
Practice BR-010-200-010, XXXX Exchange Message
Record.
2.2.40 "EXCHANGE SERVICE" means Telephone Exchange
Service, As Defined in the Act.
2.2.41 "FCC" means the Federal Communications Commission.
2.2.42 "FOREIGN EXCHANGE" (FX) means a service whereby
calls either originated by or delivered to a
customer who has purchased FX service from the
state or interstate tariffs of either Party. FX
also includes, but is not limited to, FX-like
services provided by either Party where calls are
originated from and/or delivered to numbers which
are assigned to a Rate Center within one local
calling area but where the Party receiving the
call is physically located outside of that local
calling area. FX service can be either interLATA
or intraLATA. InterLATA FX, where the originating
and receiving parties are physically located in
different LATAs, is considered equivalent to FGA
and the intercarrier compensation mechanism is the
same as FGA. IntraLATA FX, when provided by two or
more local exchange carriers "LECs", is considered
a jointly provided service and meet-point billed
by those providing it utilizing a mutually agreed
to meet-point billing, or meet-point billing like
procedure.
2.2.43 "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 over the subject matter at
issue.
2.2.44 "GROUP RECORD" means information in LIDB and/or
the LIDB administrative system that is common to
all telephone numbers in an NPA-NXX or all Special
Billing Numbers in an NPA-0/lXX.
2.2.45 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC) is As
Defined in the Act.
2.2.46 "INTELLECTUAL PROPERTY" means copyrights, patents,
trademarks, trade secrets, mask works and all
other intellectual property rights.
2.2.47 "INTEGRATED SERVICES DIGITAL NETWORK" (ISDN) means
a switched network service that provides
end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic
Rate Interface-ISDN (BRI-ISDN) provides for a
digital transmission of two 64 Kbps bearer
channels and one 16 Kbps data channel (2B+D).
2.2.48 "INTEREXCHANGE CARRIER" (IXC) means a carrier that
provides, directly or indirectly, interLATA or
intraLATA Telephone Toll Services.
2.2.49 "INTERLATA" is As Defined in the Act.
2.2.50 "INTERNET SERVICE PROVIDER" (ISP) is an Enhanced
Service Provider that provides Internet Services,
and is defined in paragraph 341 of the FCC's First
Report and Order in CC Docket No.97-158.
2.2.51 "INTRALATA TOLL TRAFFIC" means the IntraLATA
traffic between two locations within one LATA
where one of the locations lies outside of the
normal local calling area as defined by the
applicable Commission.
2.2.52 "LIDB EDITOR" means an SCP tool that bypasses the
LIDB administrative system and provides emergency
access to LIDB for data administration.
2.2.53 "LINE INFORMATION DATA BASE" (LIDB) means a
transaction-oriented database system that
functions as a centralized repository for data
storage and retrieval. LIDB is accessible through
CCS networks. LIDB contains records associated
with End User line numbers and special billing
numbers. LIDB accepts queries from other network
elements and provides return result, return error,
and return reject responses as appropriate.
Examples of information that Data Owners might
store in LIDB and in their Line Records are: ABS
Validation Data, Originating Line Number Screening
(OLNS) data, ZIP Code data, and Calling Name
Information.
2.2.54 "LIDB SERVICE APPLICATIONS" means the query types
accepted for access to LIDB information.
2.2.55 "LINE RECORD" means information in LIDB and/or the
LIDB administrative system that is specific to a
single telephone number or Special Billing Number.
2.2.56 "LOCAL ACCESS TRANSPORT AREA" (LATA) is As Defined
in the Act.
2.2.57 "LOCAL EXCHANGE CARRIER" (LEC) is As Defined in
the Act.
2.2.58 "LOCAL NUMBER PORTABILITY" means the ability of
users of Telecommunications Services to retain, at
the same location, the presence of a previously
existing telephone number(s).
2.2.59 "LOCAL SERVICE PROVIDER" (LSP) is the LEC that
provides retail local Exchange Service to an End
User. The LSP may or may not provide any physical
network components to support the provision of
that End User's service.
2.2.60 "LOSS" or "LOSSES" means any and all losses, costs
(including court costs), claims, damages
(including fines, penalties, and criminal or civil
judgments and settlements), injuries, liabilities
and expenses (including attorneys' fees).
2.2.61 "NORTH AMERICAN NUMBERING PLAN" (NANP) A numbering
architecture in which every station in the NANP
Area is identified by a unique ten-digit
address consisting of a three-digit NPA code, a
three digit central office code of the form NXX,
and a four-digit line number of the form XXXX.
2.2.62 "NUMBERING PLAN AREA" (NPA) also called area code.
An NPA is the 3-digit code that occupies the A, B,
C positions in the 10-digit NANP format that
applies throughout the NANP Area. NPAs are of the
form NXX, where N represents the digits 2-9 and X
represents any digit 0-9. In the NANP, NPAs are
classified as either geographic or non-geographic.
a) Geographic NPAs are NPAs which correspond to
discrete geographic areas within the NANP Area. b)
Non-geographic NPAs are NPAs that do not
correspond to discrete geographic areas, but which
are instead assigned for services with attributes,
functionalities, or requirements that transcend
specific geographic boundaries. The common
examples are NPAs in the N00 format, e.g., 800.
2.2.63 "NUMBER PORTABILITY" is As Defined in the Act.
2.2.64 "NXX" OR "CENTRAL OFFICE CODE" is the three-digit
switch entity indicator that is defined by the
fourth through sixth digits of a 10-digit
telephone number within the NANP. Each NXX Code
contains 10,000 station numbers.
2.2.65 "ORDERING AND BILLING FORUM" (OBF) is a forum
comprised of local telephone companies and
inter-exchange carriers whose responsibility is to
create and document Telecommunication industry
guidelines and standards.
2.2.66 "PARTY" means either CLEC or SBC use of the term
"Party" includes each of the ILECs that is a party
to this Agreement. "PARTIES" means both CLEC and
SBC; use of the term "PARTIES" includes each of
the ILECs that is a party to this Agreement.
2.2.67 "PERMANENT NUMBER PORTABILITY" (PNP) is a long
term method of providing LNP using LRN.
2.2.68 "REFERENCE OF CALLS" refers to a process by which
calls are routed to an announcement that states
the new telephone number of a Customer.
2.2.69 SBC COMMUNICATIONS INC. (SBC) means the holding
company which owns the following ILECs: Illinois
Xxxx Telephone Company, Xxxxxxx Xxxx Telephone
Company Incorporated, Michigan Xxxx Telephone
Company, Nevada Xxxx Telephone Company, The Ohio
Xxxx Telephone Company, Pacific Xxxx Telephone
Company, The Southern New England Telephone
Company, Southwestern Xxxx Telephone Company,
and/or Wisconsin Xxxx, Inc. d/b/a Ameritech
Wisconsin.
2.2.70 SBC-AMERITECH - As used herein, SBC-AMERITECH
means the applicable SBC owned ILEC(s) doing
business in Illinois, Indiana, Michigan, Ohio, and
Wisconsin.
2.2.71 SBC-7STATE - As used herein, SBC-7STATE means the
applicable SBC owned ILEC(s) doing business in
Arkansas, California, Kansas, Missouri, Nevada,
Oklahoma, and Texas.
2.2.72 SBC-8STATE - As used herein, SBC-8STATE means the
applicable SBC owned ILEC(s) doing business in
Arkansas, California, Connecticut, Kansas,
Missouri, Nevada, Oklahoma, and Texas.
2.2.73 SBC-10STATE - As used herein, SBC-10STATE means an
the applicable SBC owned ILEC(s) doing business in
Arkansas, Illinois, Indiana, Kansas, Michigan,
Missouri, Ohio, Oklahoma, Texas, and Wisconsin.
2.2.74 SBC-12STATE - As used herein, SBC-12STATE means
the applicable SBC owned ILEC(s) doing business in
Arkansas, California, Illinois, Indiana, Kansas,
Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas,
and Wisconsin.
2.2.75 SBC-13STATE - As used herein, SBC-13STATE means
the applicable SBC owned ILEC(s) doing business in
Arkansas, California, Connecticut, Illinois,
Indiana, Kansas, Michigan, Missouri, Nevada, Ohio,
Oklahoma, Texas, and Wisconsin.
2.2.76 "SLEUTH" means an off-line administration system
that monitors suspected occurrences of ABS-related
fraud.
2.2.77 "SPECIAL BILLING NUMBER" SBN means a Line Record
in LIDB that is based on an NXX-o/1XX numbering
format. NXX-0/lXX numbering formats are similar to
NPA-NXX formats except that the fourth digit of an
SBN is either a zero (0) or a one (1).
2.2.78 "STATE ABBREVIATION" means the following:
2.2.78.1 "AR" means Arkansas
2.2.78.2 "CA" means California
2.2.78.3 "CT" means Connecticut
2.2.78.4 "IL" means Illinois
2.2.78.5 "IN" means Indiana
2.2.78.6 "KS" means Kansas
2.2.78.7 "MV means Michigan
2.2.78.8 "MO" means Missouri
2.2.78.9 "NV" means Nevada
2.2.78.10 "OH" means Ohio
2.2.78.11 "OK" means Oklahoma
2.2.78.12 "TX" means Texas
2.2.78.13 "WI" means Wisconsin
2.2.79 SWBT-AR - As used herein, SWBT-AR means the
applicable SBC owned ILEC doing business in
Arkansas.
2.2.80 SWBT-KS - As used herein, SWBT-KS means the
applicable SBC owned ILEC doing business in
Kansas.
2.2.81 SWBT-MO - As used herein, SWBT-MO means the
applicable SBC owned ILEC doing business in
Missouri.
2.2.82 SWBT-OK - As used herein, SWBT-OK means the
applicable SBC owned ILEC doing business in
Oklahoma.
2.2.83 SWBT-TX - As used herein, SWBT-TX means the
applicable SBC owned ILEC doing business in Texas.
2.2.84 "TAPE LOAD FACILITY" means data entry points at
the LIDB administrative system and/or the SCPs
where LIDB resides.
2.2.85 "TELECOMMUNICATIONS" is As Defined in the Act.
2.2.86 "TELECOMMUNICATIONS CARRIER" is As Defined in the
Act.
2.2.87 "TELECOMMUNICATIONS SERVICE" is As Defined in the
Act.
2.2.88 "TELEPHONE EXCHANGE SERVICE" is As Defined in the
Act.
2.2.89 "TELEPHONE TOLL SERVICE" is As Defined in the Act.
2.2.90 "TOLL BILLING EXCEPTION SERVICE" (TBE) means a
service that allows End Users to restrict third
number billing or collect calls to their lines.
2.2.91 "TOLL FREE SERVICE" is service provided with any
dialing sequence that invokes toll-free, 800-like,
service processing, for example for illustration
only, 800 or 800-like services. Toll Free Service
includes but is not limited to calls placed to
800/888 NPA Service Access Codes (SAC).
2.2.92 "TRANSLATION TYPE" means a code in the the
Signaling Connection Control Part (SCCP) of the
SS7 signaling message. Signal Transfer Points
(STPs) use Translation Types to identify the
routing table used to route a LIDB query. All LIDB
queries that use the same Translation Type are
routed to the same LIDB for a particular Line
Record or, prior to number portability, for a
particular NPA-NXX.
2.3 DEFINITIONS APPLICABLE SBC-12STATE ONLY
2.3.1 "PERMANENT NUMBER PORTABILITY" (PNP) is a database
method of providing LNP that is consistent with
the Act and complies with the long-term LNP
performance criteria set forth in 47 C.F.R.
Section 52.3(a).
2.3.2 "PLAIN OLD TELEPHONE SERVICE" (POTS) means
telephone service for the transmission of human
speech.
2.4 DEFINITIONS APPLICABLE TO SBC-8STATE ONLY
2.4.1 "ACCESSIBLE LETTERS" are correspondence used to
communicate pertinent information regarding
SBC-8STATE to the client/End User community.
2.5 DEFINITIONS APPLICABLE TO SBC-SWBT ONLY
2.5.1 "LINE VALIDATION ADMINISTRATION SYSTEM" (LVAS)
means the LIDB administrative system FOR SBC-SWBT.
2.6 DEFINITIONS APPLICABLE TO SNET ONLY
2.6.1 "800 SERIES" is a Telecommunications Service for
business or residence that allows calls to be made
to a specific location at no charge to the calling
party. Use of the "800" Service Access Code (e.g.,
800, 888) denotes calls that are to be billed to
the receiving party. A computer database in the
provider's network translates the 800 series
number into a conventional 7 or 10 digit phone
number for network switching and routing.
2.6.2 "DATABASE ADMINISTRATIVE SERVICE LIDB OPERATING
GUIDELINES" (OPERATING GUIDELINES) means the
document developed by SNET that provides detailed
instructions as to the working parameters of
SNET's provision of the LIDB Administrative System
to CLEC, as may be updated
by SNET from time to time. SNET shall provide such
Operating Guidelines to CLEC upon execution of
this Agreement.
2.6.3 "LIDB/AS" means the LIDB administrative system for
SNET.
2.7 DEFINITIONS APPLICABLE TO SBC-AMERITECH ONLY
2.7.1 "AUTOMATIC ROUTE SELECTION" or "ARS" means a
service feature associated with a specific
grouping of lines that provides for automatic
selection of the least expensive or most
appropriate transmission facility for each call
based on criteria programmed into the system.
2.7.2 "ENHANCED LECLINK" is a customer access service to
the national distribution of billing records via
Telcordia's Centralized Message Distribution
System (CMDS).
2.8 DEFINITIONS APPLICABLE TO SNET and SBC-AMERITECH ONLY
2.8.1 "CENTRALIZED AMA" (CAMA) is an arrangement where
the AMA equipment is centralized in, for example,
a Tandem and is used by offices that do not have
LAMA (Local AMA). The End Office Switch must send
ANI digits to the CAMA office for billing a
calling subscriber.
3. INTERPRETATION, CONSTRUCTION AND SEVERABILITY
3.1 DEFINITIONS
3.1.1 For purposes of this Agreement, certain terms have
been defined 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 will
include the plural. Whenever the context may
require, any pronoun shall include the
corresponding masculine, feminine and neuter
forms. The words "include," "includes" and
"including" shall be deemed to be followed by the
phrase "without limitation" and/or "but not
limited to". The words "will" and "shall" are used
interchangeably throughout this Agreement and the
use of either connotes a mandatory requirement.
The use of one or the other will 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 will have the meaning in the Act, or in
the absence of their inclusion in the Act, their
customary usage in the Telecommunications industry
as of the Effective Date.
3.2 HEADINGS NOT CONTROLLING
3.2.1 The headings and numbering of Sections, Parts,
Appendices Schedules and Exhibits to this
Agreement are for convenience only and shall not
be construed to define or limit any of the terms
herein or affect the meaning or interpretation of
this Agreement.
3.2.2 This Agreement incorporates several Appendices
which, together with their associated Attachments,
Exhibits, Schedules and Addenda, constitute the
entire Agreement between the Parties. In order to
facilitate use and comprehension of the Agreement,
the Appendices may be grouped under broad
headings. It is understood that these groupings
are for convenience of reference only, and are not
intended to limit the applicability that any
particular appendix, attachment, exhibit, schedule
or addenda may otherwise have.
3.3 REFERENCED DOCUMENTS
3.3.1 Unless the context shall otherwise specifically
require, and subject to Section 34, whenever any
provision of this Agreement refers to a technical
reference, technical publication, CLEC Practice,
SBC-13STATE Practice, any publication of
telecommunications industry administrative or
technical standards, or any other document
specifically incorporated into this Agreement
(collectively, a "Referenced Instrument"), it will
be deemed to be a reference to the then-current
version or edition (including any amendments,
supplements, addenda, or successors) of each
Referenced Instrument that is in effect, and will
include the then-current version or edition
(including any amendments, supplements, addenda,
or successors) of any other Referenced Instrument
incorporated by reference therein.
3.4 REFERENCES
3.4.1 References herein to Sections, Paragraphs,
Exhibits, Parts, Schedules, and Appendices shall
be deemed to be references to Sections, Paragraphs
and Parts of, and Exhibits, Schedules and
Appendices to, this Agreement unless the context
shall otherwise require.
3.5 TARIFF REFERENCES
3.5.1 Wherever any Commission approved tariff provision
or rate is cited or quoted herein, it is
understood that said cite encompasses any
revisions or modifications to said tariff.
3.5.2 Wherever any Commission approved tariff provision
or rate is incorporated, cited or quoted herein,
it is understood that said incorporation or
reference applies only to the entity within the
state whose Commission approved that tariff.
3.6 CONFLICT IN PROVISIONS
3.6.1 In the event of a conflict between the provisions
of this Agreement and the Act, the provisions of
the Act shall govern.
3.6.2 If any definitions, terms or conditions in any
given Appendix, Attachment, Exhibit, Schedule or
Addenda differ from those contained in this
Agreement, the definitions, terms or conditions
contained in the Appendix, Attachment, Exhibit,
Schedule or Addenda will supersede those contained
in this Agreement, but only in regard to the
services or activities listed in that particular
Appendix, Attachment, Exhibit, Schedule or
Addenda. In particular, if an Appendix contains a
Term length that differs from the Term length in
this Agreement, the Term length of that Appendix
will control the length of time that services or
activities are to occur under that Appendix, but
will not affect the Term length of the remainder
of this Agreement.
3.6.3 In the event of a conflict between any provision
in this Agreement and any provision in the
DPUC-ordered tariffs covering the services that
are the subject of this Agreement with SNET, such
DPUC-ordered tariffs will prevail.
3.7 JOINT WORK PRODUCT
3.7.1 This Agreement is the joint work product of the
Parties and has been negotiated by the Parties and
their respective counsel and shall be fairly
interpreted in accordance with its terms and, in
the event of any ambiguities, no inferences shall
be drawn against either Party.
3.8 SEVERABILITY
3.8.1 If any provision of this Agreement is rejected or
held to be illegal, invalid or unenforceable, each
Party agrees that such provision shall be enforced
to the maximum extent permissible so as to effect
the intent of the Parties, and the validity,
legality and enforceability of the remaining
provisions of this Agreement shall not in any way
be affected or impaired thereby. If necessary to
effect the intent of the Parties, the Parties
shall negotiate in good faith to amend this
Agreement to replace the unenforceable language
with enforceable language that reflects such
intent as closely as possible.
The Parties negotiated the terms and conditions of
this Agreement as a total arrangement and it is
intended to be nonseverable.
3.9 NON-VOLUNTARY PROVISIONS
3.9.1 This Agreement incorporates certain rates, terms
and conditions that were not voluntarily
negotiated by SBC-13STATE, but instead resulted
from determinations made in arbitration under
Section 252 of the Act or from other requirements
of regulatory agencies or state law (individually
and collectively, a "Non-Voluntary Arrangement").
SBC-13STATE has identified some, but not all, of
the Non-Voluntary Arrangements contained in this
Agreement, by designating such provisions with
asterisks. If any Non-Voluntary Arrangement is
modified as a result of any order or finding by
the FCC, the appropriate Commission or a court of
competent jurisdiction, any Party may, by
providing written notice to the other Party,
require that any affected Non-Voluntary
Arrangement (and any related rates, terms and
conditions) be deleted or renegotiated, as
applicable, in good faith and this Agreement
amended accordingly. If such modifications to this
Agreement are not executed within sixty (60) days
after the date of such notice, a Party may pursue
its rights under Section 19. Within thirty (30)
days following receipt of a written request from
CLEC, SBC-13STATE will identify any Non-Voluntary
Arrangements that may not otherwise be designated
such in this Agreement.
3.9.2 The Parties acknowledge that the Non-Voluntary
Arrangements contained in this Agreement shall not
be available in any state other than the state
that originally imposed/required such
Non-Voluntary Arrangement. By way of example only,
the Parties acknowledge that the PUCO's imposition
in Ohio of the Minimum Telephone Service Standards
(and all terms and conditions relating thereto)
shall not apply in or be "portable to" any state
other than Ohio.
3.10 STATE-SPECIFIC RATES, TERMS AND CONDITIONS
3.10.1 For ease of administration, this multi-state
Agreement contains certain specified rates, terms
and conditions that apply only in a designated
state. To the extent. that this Agreement contains
specified rates, terms and conditions which apply
only in a given state, such rates, terms and
conditions shall not apply and shall have no
effect in any other state(s) to which this
Agreement is submitted for approval under Section
252(e) of the Act.
3.10.2 SUCCESSOR RATES. Certain of the rates, prices and
charges set forth in the applicable Appendix
Pricing have been established by the appropriate
Commissions in cost proceedings or dockets
initiated under or pursuant to the Act. If during
the Term that Commission or the FCC changes a
rate, price or charge in an order or docket that
applies to any of the services available
hereunder, the Parties agree to amend this
Agreement to incorporate such new rates, prices
and charges, with such rates, prices and charges
to be effective as of the date specified in such
order or docket (including giving effect to any
retroactive application, if so ordered). If either
Party refuses to execute an amendment to this
Agreement within sixty (60) days after the date of
such order or docket, the other Party may pursue
its rights under Section 15.
3.11 Scope of Obligations
3.11.1 Notwithstanding anything to the contrary contained
herein, SBC-13STATE's obligations under this
Agreement shall apply only to:
3.11.1.1 the specific operating area(s) or
portion thereof in which SBC-13 STATE is
then deemed to be the ILEC under the Act
(the "ILEC Territory"), and
3.11.1.2 assets that SBC-13STATE owns or leases
and which are used in connection with
SBC-13STATE's provision to CLEC of any
services for resale provided or
contemplated under this Agreement, the
Act or any tariff or ancillary agreement
referenced herein (individually and
collectively, the "ILEC Assets").
4. DESCRIPTION AND CHARGES FOR SERVICES
4.1 A list of Telecommunications Services currently available
for resale at the wholesale discount rate set by the
appropriate Commission is set forth in Appendix Pricing.
Except as otherwise expressed herein, consistent with SBC
13STATE's obligation under Section 251(c)(4)(A) of the Act
and any other applicable limitations or restrictions, CLEC
may resell other Telecommunications Services offered at
retail by SBC-13STATE at the discount set forth in the
Appendix Pricing.
4.2 SBC-13STATE will offer products and services to CLEC for
resale pursuant to relevant decisions of the appropriate
Commission.
4.3 Telecommunications Services will be offered by SBC-13STATE
to CLEC for resale on terms and conditions that are
reasonable and nondiscriminatory.
5. GENERAL RESPONSIBILITIES OF THE PARTIES
5.1 At all times during the Term, each Party shall keep and
maintain in force at each Party's expense all insurance
required by Applicable Law (e.g. workers' compensation
insurance) as well as general liability insurance in the
amount of (at least) $10,000,000 for personal injury or
death to any one person, property damage resulting from any
one incident, and automobile liability with coverage for
bodily injury and for property damage. Upon request from the
other Party, each Party shall provide to the other Party
evidence of such insurance (which may be provided through a
program of self-insurance). This Section 5.1 is a general
statement of insurance requirements and shall be in addition
to any specific requirement of insurance referenced
elsewhere in this Agreement or a Referenced Instrument.
5.2 The Parties acknowledge that calls will be placed to local
service accounts of Third Parties. To ensure that these
calls are properly accounted for and billed to the
appropriate local service account of such Third Parties, the
Parties have established clearinghouse procedures to
accomplish these objectives by various appendices to this
Agreement.
5.3 In the event that CLEC makes any corporate name change
(including addition or deletion of a d/b/a), change in
OCN/AECN, or makes or accepts a transfer or assignment of
interconnection trunks or facilities (including leased
facilities), or a change in any other CLEC identifier
(collectively, a "CLEC Change"), CLEC shall submit
written notice to SBC-13STATE within thirty (30) days of
the first action taken to implement such CLEC Change.
Within thirty (30) days following receipt of that notice,
the Parties shall negotiate rates to compensate
SBC-13STATE for the costs to be incurred by SBC-13STATE
to make the CLEC Change to the applicable SBC-13STATE
databases, systems, records and/or recording
announcement(s) for CLEC branded/repair calls. In
addition, CLEC shall compensate SBC-13STATE for any
service order charges and/or service request charges
associated with such CLEC Change. SBC-13STATE's agreement
to implement a CLEC Change is conditioned upon CLEC's
agreement to pay all reasonable charges billed to CLEC
for such CLEC Change.
5.4 Each Party shall be responsible for labor relations with
its own employees. Each Party agrees to notify the other
Party as soon as practicable whenever such Party has
knowledge that a labor dispute concerning its employees is
delaying or threatens to delay such Party's timely
performance of its obligations under this Agreement and
shall endeavor to minimize impairment of service to the
other Party (for example, by using its management personnel
to perform work or by other means) in the event of a labor
dispute to the extent permitted by Applicable Law.
5.5 Each Party shall act in good faith in its performance under
this Agreement and, in each case in which a Party's consent
or agreement is required or requested hereunder, such Party
shall not unreasonably withhold or delay such consent or
agreement.
6. EFFECTIVE DATE, TERM, AND TERMINATION
6.1 This Effective Date of this Agreement shall be ten (10)
calendar days after the Commission approves this Agreement
under Section 252(e) of the Act or, absent such Commission
approval, the date this Agreement is deemed approved under
Section 252(e)(4) of the Act.
6.2 The term of this Agreement shall commence upon the Effective
Date of this Agreement and shall expire on May 11, 2001 (the
"TERM"). Absent the receipt by one Party of written notice
from the other Party at least within 180 days prior to the
expiration of the Term to the effect that such Party does
not intend to extend the Term, this Agreement shall remain
in full force and effect on and after the expiration of the
Term until terminated by either Party pursuant to Section
6.3 or 6.4.
6.3 Notwithstanding any other provision of this Agreement,
either Party may terminate this Agreement and the provision
of any Interconnection, Resale Services, Network Elements,
functions, facilities, products or services provided
pursuant to this Agreement, at the sole discretion of the
terminating Party, in the event that the other Party fails
to perform a material obligation or breaches a material term
of this Agreement and the other Party fails to cure such
nonperformance or breach within forty-five (45) calendar
days after written notice thereof. Any termination of this
Agreement pursuant to this Section 6.3 shall take effect
immediately upon delivery of written notice to the other
Party that it failed to cure such nonperformance or breach
within forty-five (45) calendar days after written notice
thereof.
6.4 If pursuant to Section 6.2, this Agreement continues in full
force and effect after the expiration of the Term, either
Party may terminate this Agreement after delivering written
notice to the other Party of its intention to terminate this
Agreement, subject to Sections 6.5 and 6.6. Neither Party
shall have any liability to the other Party for termination
of this Agreement pursuant to this Section 6.4 other than
its obligations under Sections 6.5 and 6.6.
6.5 Upon termination or expiration of this Agreement in
accordance with Sections 6.2, 6.3 or 6.4:
6.5.1 Each Party shall continue to comply with its
obligations set forth in Section 46; and
6.5.2 Each Party shall promptly pay all amounts owed
under this Agreement or place any Disputed Amounts
into an escrow account that complies with Section
9.3 hereof;
6.5.3 Each Party's confidentiality obligations shall
survive; and
6.5.4 Each Party's indemnification obligations shall
survive.
6.6 If either Party serves notice of expiration pursuant to
Section 6.2 or Section 6.4, CLEC shall have ten (10) days to
provide SBC-13STATE written confirmation if CLEC wishes to
pursue a successor agreement with SBC-13STATE or terminate
its agreement. CLEC shall identify the action to be taken on
each applicable (13) state(s). If CLEC wishes to pursue a
successor agreement with SBC-13STATE, CLEC shall attach to
its written confirmation or notice of
expiration/termination, as applicable, a written request to
commence negotiations with SBC-13STATE under Sections
251/252 of the Act and identify each of the state(s) the
successor agreement will cover. Upon receipt of CLEC's
Section 252(a)(1) request, the Parties shall commence good
faith negotiations on a successor agreement
6.7 The rates, terms and conditions of this Agreement shall
continue in full force and effect until the earlier of (i)
the effective date of its successor agreement, whether such
successor agreement is established via negotiation,
arbitration or pursuant to Section 252(i) of the Act; or
(ii) the date that is ten (10) months after the date on
which SBC-13STATE received CLEC's Section 252(a)(1) request;
provided, however, when a successor agreement becomes
effective, the terms, rates and charges of such successor
Agreement shall apply retroactively back to the date this
Agreement is terminated or expires, whichever is later, and
that the retroactive true-up shall be completed within
90 days following the effective date of such successor
Agreement.
6.8 If at any time during the Section 252(a)(1) negotiation
process (prior to or after the expiration date or
termination date of this Agreement), CLEC withdraws its
Section 252(a)(1) request, CLEC must include in its notice
of withdrawal a request to adopt a successor agreement under
Section 252(i) of the Act or affirmatively state that CLEC
does not wish to pursue a successor agreement with
SBC-13STATE for a given state. The rates, terms and
conditions of this Agreement shall continue in full force
and effect for a period of ninety (90) days after the date
CLEC provides notice of withdrawal of its Section 252(a)(1)
request. On the ninety-first (91) day following
SBC-13STATE's receipt of CLEC's notice of withdrawal of its
Section 252(a)(1) request, unless CLEC provided SBC-13STATE
notice of a Section 252(i) adoption in the interim, the
Parties shall, subject to Section 6.5, have no further
obligations under this Agreement.
6.9 If CLEC does not affirmatively state that it wishes to
pursue a successor agreement with SBC-13STATE in its, as
applicable, notice of expiration or termination or the
written confirmation required after receipt of SBC-13STATE's
notice of expiration or termination, then the rates, terms
and conditions of this Agreement shall continue in full
force and effect for a period of ninety (90) days after the
date CLEC provided or received notice of expiration or
termination. On the ninety-first (91) day following CLEC
provided or received notice of expiration or termination,
the Parties shall, subject to Section 6.5, have no further
obligations under this Agreement.
6.10 In the event of termination of this Agreement pursuant to
Section 6.9, SBC-13STATE and CLEC shall cooperate in good
faith to effect an orderly transition of service under this
Agreement; provided that CLEC shall be solely responsible
(from a financial, operational and administrative
standpoint) to ensure that its End Users have been
transitioned to a new LEC by the expiration date,
termination date of this Agreement.
7. FRAUD BY END USER(S)
7.1 SBC-13STATE shall not be liable to CLEC for any fraud
associated with CLEC's End Users' accounts, including 1+
IntraLATA toll, ported numbers, and Alternate Billing
Service (ABS). ABS is a service that allows a customer to
xxxx calls to account(s) that might not be associated with
the originating line. There are three types of ABS calls:
calling card, collect, and third number billed calls.
7.2 The Parties agree to cooperate with one another to
investigate, minimize, and take corrective action in cases
of fraud involving 1+ IntraLATA toll calls, ABS, and ported
numbers. The Parties' fraud minimization procedures are to
be cost-effective and implemented so as not to unduly burden
or harm one Party as compared with the other.
7.3 In cases of suspected fraudulent activity by an End User, at
a minimum, the cooperation referenced in Section 20.2 will
include providing to the other Party, upon request,
information concerning End Users who terminate services
furnished by that Party without paying all outstanding
charges. The Party seeking such information is responsible
for securing the End User's permission to obtain such
information.
7.4 SBC-AMERITECH, SBC-SWBT, PACIFIC AND SNET will provide
notification messages to CLEC on suspected occurrences of
ABS-related fraud on CLEC accounts stored in the applicable
LIDB. PACIFIC will provide such alert messages by e-mail.
SBC-AMERITECH, SBC-SWBT AND SNET WILL provide via fax.
7.4.1 SWBT (ON BEHALF OF ITSELF AND SNET) AND PACIFIC
will use a Sleuth system to determine suspected
occurrences of ABS-related fraud for CLEC using
the same criteria SWBT AND PACIFIC use to monitor
fraud on their respective accounts.
7.4.2 CLEC understands that Sleuth alerts only identify
potential occurrences of fraud. CLEC understands
and agrees that it will need to perform its own
investigations to determine whether a fraud
situation actually exists. CLEC understands and
agrees that it will also need to determine what,
if any, action CLEC should take as a result of a
Sleuth alert.
7.4.3 The Parties will provide contact names and numbers
to each other for the exchange of Sleuth alert
notification information twenty-four (24) hours
per day seven (7) days per week.
7.4.4 For each alert notification provided to CLEC, CLEC
may request a corresponding thirty-day (30-day)
historical report of ABS-related query processing.
CLEC may request up to three reports per alert.
7.5 In SBC-SWBT AND PACIFIC, ABS-related alerts are provided to
CLEC at no additional charge, except as set forth in Section
7.6.
7.6 In PACIFIC, 1+ IntraLATA toll fraud alerts are offered for
Resale only under the product name Traffic Alert Referral
Service (TARS). For TARS, CLEC agrees to pay a recurring
usage rate as outlined in Appendix Pricing.
7.6.1 Traffic Alert Referral Service
7.6.1.1 Traffic Alert Referral Service ("TARS")
is a service that monitors traffic
patterns associated with a CLEC's resold
lines. On no less than thirty (30)
calendar days written notice, CLEC may
order PACIFIC's TARS. In providing TARS
to CLEC, PACIFIC notifies CLEC of
traffic abnormalities that indicate the
possible occurrence of intraLATA fraud
and furnishes to CLEC information on all
1+ alerts. CLEC understands and agrees
that PACIFIC will use electronic mail to
provide such information and that such
information will only be available via
electronic mail at the present time. It
is the responsibility of CLEC to provide
PACIFIC with the correct email address.
Information will be provided on a
per-alert basis and will be priced on a
per-alert basis. PACIFIC grants to CLEC
a non-exclusive right to use the TARS
information provided by PACIFIC. CLEC
will not permit anyone but its duly
authorized employees or agents to
inspect or use this information. CLEC
agrees to pay PACIFIC a recurring usage
rate as set forth in Appendix Pricing in
the "Other (RESALE)" category listed as
"Traffic Alert Referral Service."
7.6.1.2 CLEC shall be liable for all fraud
associated with any resale service to
which it subscribes. PACIFIC takes no
responsibility, will not investigate,
and will make no adjustments to CLEC's
account(s) in cases of fraud or any
other related End User dispute.
7.6.1.3 In addition to any other indemnity
obligations in this Agreement or any
Appendix attached hereto, PACIFIC shall
not be liable for any damages to CLEC or
to any other person or entity for
PACIFIC's actions or the conduct of its
employees in providing TARS to CLEC.
CLEC shall indemnify, defend, and hold
PACIFIC harmless from any and all
claims, lawsuits, costs, damages,
liabilities, losses, and expenses,
including reasonable attorney fees,
resulting from or in connection with
CLEC's use of PACIFIC's TARS, except
when such claims, lawsuits, costs,
damages, liabilities, losses, or
expenses are proximately caused by the
willful misconduct or gross negligence
of PACIFIC or its employees.
8. DEPOSITS (SBC-12STATE)
8.1 The deposit requirements set forth in this Section 8 apply
to the services furnished by SBC-12STATE under this
Agreement.
8.2 If CLEC has not established a minimum of twelve (12)
consecutive months good credit history with all telephone
company affiliates of SBC (that is, AMERITECH, NEVADA,
PACIFIC, SNET and SWBT) where CLEC is doing or has done
business as a local service provider, CLEC shall remit an
initial cash deposit to SBC-12STATE prior to the furnishing
of services in each state covered by this Agreement. The
deposit required by the previous sentence shall be
determined as follows:
8.2.1 for NEVADA, PACIFIC and SWBT, if immediately prior
to the Effective Date, CLEC was not operating as a
Local Service Provider in a state covered by this
Agreement, the initial deposit for that state
shall be in the amount of $17,000; or
8.2.2 for NEVADA, PACIFIC and SWBT, if immediately prior
to the Effective Date, CLEC was operating as a
Local Service Provider in a state
covered by this Agreement, the deposit for that
state shall be in the amount calculated using the
method set forth in Section 8.7 of this Agreement;
or
8.2.3 for SBC-AMERITECH, subject to external credit
check verification and/or financial statement
review, SBC-AMERITECH may require two (2) to four
(4) months of projected average monthly xxxxxxxx
as a deposit.
8.2.4 If CLEC has established a minimum of twelve (12)
consecutive months good credit history with all
ILEC Affiliates of SBC (that is, AMERITECH,
NEVADA, PACIFIC, SNET and SWBT) with which CLEC is
doing or has done business as a Local Service
Provider, SBC-12STATE shall waive the initial
deposit requirement; PROVIDED, HOWEVER, that the
terms and conditions set forth in Section 8.1
through Section 8.10 of this Agreement shall
continue to apply in each state for the Term. In
determining whether CLEC has established a minimum
of twelve (12) consecutive months good credit
history with each ILEC Affiliate of SBC with which
CLEC is doing or has done business, CLEC's payment
record with each ILEC Affiliate of SBC for the
most recent twelve (12) months occurring within
the twenty-four (24) month period immediately
prior to the Effective Date shall be considered.
8.3 Any cash deposit for one state shall be held by SBC-12STATE
as a guarantee of payment of charges billed to CLEC,
provided, however, SBC-12STATE may exercise its right to
credit any cash deposit to CLEC's account upon the
occurrence of any one of the following events:
8.3.1 when SBC-12STATE sends CLEC the second delinquency
notification for that state during the most recent
twelve (12) months; or
8.3.2 when SBC-12STATE suspends CLEC's ability to
process orders in accordance with Section
10.5.1.1 or 10.6.1.1, as applicable; or
8.3.3 when CLEC files for protection under the
bankruptcy laws; or
8.3.4 when an involuntary petition in bankruptcy is
filed against CLEC and is not dismissed within
sixty (60) days; or
8.3.5 when this Agreement expires or terminates; or
8.3.6 during the month following the expiration of
twelve (12) months after that cash deposit was
remitted, SBC-12STATE shall credit any cash
deposit to CLEC's account so long as CLEC has not
been sent more than one delinquency notification
letter for that state during the most recent
twelve (12) months.
8.3.7 For the purposes of this Section 8.3, interest
will be calculated as specified Section 9.1.4.1
through 9.1.4.3 and shall be credited to CLEC's
account at the time that the cash deposit is
credited to CLEC's account.
8.4 So long as CLEC maintains timely compliance with its payment
obligations, SBC-12STATE will not increase the deposit
amount required. If CLEC fails to maintain timely compliance
with its payment obligations, SBC-12STATE reserves the
right to require additional deposit(s) in accordance with
Section 8.5 through Section 8.10, inclusive.
8.5 If during the first six (6) months of operations in a state
under this Agreement, CLEC has been sent one delinquency
notification letter by SBC-12STATE, the deposit amount for
that state shall be re-evaluated based upon CLEC's actual
billing totals and shall be increased if CLEC's actual
billing average:
8.5.1 for NEVADA, PACIFIC or SWBT for a two (2) month
period exceeds the deposit amount held; or
8.5.2 for AMERITECH for a two (2) to four (4) month
period exceeds the deposit amount held.
8.6 Throughout the Term, any time CLEC has been sent two (2)
delinquency notification letters for any one state by
SBC-12STATE, the deposit amount for that state shall be
re-evaluated based upon CLEC's actual billing totals and
shall be increased if CLEC's actual billing average:
8.6.1 or NEVADA, PACIFIC or SWBT for a two (2) month
period exceeds the deposit amount held; or
8.6.2 for AMERITECH for a two (2) to four (4) month
period exceeds the deposit amount held.
8.7 Whenever a deposit is re-evaluated as specified in Section
8.5 or Section 8.6, such deposit shall be calculated in an
amount equal to the average billing to CLEC for that state
for a two (2) to four (4) month period. The most recent
three (3) months billing on all of CLEC's CBAs/ESBAs/ASBS
("CBA" is utilized in SWBT only; "ESBA" is utilized in
PACIFIC and NEVADA only; "ASBS" is utilized in AMERITECH
only) and BANs for services furnished within that state
shall be used to calculate CLEC's monthly average.
8.7.1 In SBC-7STATE only, after calculating the amount
equal to the average billing to CLEC for that
state for a two (2) month period, add the amount
of any charges that would be applicable to
transfer all of CLEC's then-existing End-Users of
resale services to SBC-7STATE in the event of
CLEC's disconnection for non-payment of charges.
The resulting sum is the amount of the deposit.
8.8 Whenever a deposit is re-evaluated as specified in Section
8.5 and Section 8.6, CLEC shall remit the additional deposit
amount to SBC-12STATE within thirty (30) calendar days of
receipt of written notification from SBC-12STATE requiring
such deposit. If CLEC fails to furnish the required deposit
within thirty (30) calendar days of receipt of written
notice requesting such deposit, SBC-12STATE shall begin the
process set forth in Section 10.2. If CLEC continues to fail
to furnish the required deposit at the expiration of the
fourteen (14) calendar days specified in Section 10.2, then
SBC-12STATE shall begin the procedure(s) set forth in
Sections 10.5.1 and 10.6. 1, as appropriate for the state.
8.9 This cash deposit requirement may be satisfied in whole or
in part with an irrevocable bank letter of credit acceptable
to SBC-12STATE. No interest shall be paid by SBC-12STATE for
any portion of the deposit requirement satisfied by an
irrevocable bank letter of credit. SBC-12STATE may demand
payment from the issuing bank of any irrevocable bank letter
of credit upon the occurrence of any of the events listed in
Section 8.3.1 through 8.3.5 hereof
8.10 The fact that SBC-12STATE holds either a cash deposit or
irrevocable bank letter of credit does not relieve CLEC from
timely compliance with its payment obligations under this
Agreement.
8.11 For Deposit requirements for SNET, see the applicable DPUC
ordered tariff.
9. BILLING AND PAYMENT OF CHARGES
9.1 Unless otherwise stated, SBC-13STATE will render monthly
xxxx(s) to CLEC for services provided hereunder at the rates
set forth in the applicable Appendix Pricing, as set forth
in applicable tariffs or other documents specifically
referenced herein and, as applicable, as agreed upon by the
Parties or authorized by a Party.
9.1.1 Remittance in FULL of all bills rendered by
SBC-AMERITECH, SBC-SWBT AND PACIFIC IS due within
thirty (30) days of each xxxx date (the "XXXX DUE
DATE") and shall be paid in accordance with the
terms of Section 9.2 of this Agreement.
9.1.2 Remittance in full of all bills rendered by NEVADA
is due in accordance with the terms set forth in
the Commission C2-A Tariff, with the date on which
amounts are due referred to herein as the "XXXX
DUE DATE".
9.1.3 Remittance in fall of all bills rendered by SNET
is due in accordance with the terms set forth in
the Connecticut Access Service Tariff approved by
the DPUC, with the date on which amounts are due
referred to herein as the "Xxxx DUE DATE".
9.1.4 If CLEC fails to remit payment for any charges for
services by the Xxxx Due Date, or if a payment or
any portion of a payment is received from CLEC
after the Xxxx Due Date, or if a payment or any
portion of a payment is received in funds which
are not immediately available to SBC-13STATE as of
the Xxxx Due Date (individually and collectively,
"PAST DUE"), then a late payment charge shall be
assessed as provided in Sections 9.1.4.1 through
9.1.4.3, as applicable.
9.1.4.1 If any charge incurred under this
Agreement that is billed out of any
SBC-8STATE billing system other than the
SBC-SWBT Customer Records Information
System (XXXX) is Past Due, the unpaid
amounts shall bear interest from the
Xxxx Due Date until paid at the lesser
of (i) the rate used to compute the Late
Payment Charge in the applicable
SBC-8STATE intrastate access services
tariff in that state and (ii) the
highest rate of interest that may be
charged under Applicable Law, compounded
daily from the Xxxx Due Date to and
including the date that the payment is
actually made and available.
9.1.4.2 If any charge incurred under this
Agreement that is billed out of
SBC-SWBT'S XXXX is Past Due, the unpaid
amounts shall bear interest from the
Xxxx Due Date until paid. The interest
rate applied to SBC-SWBT XXXX-billed
Past Due unpaid amounts shall be the
lesser of (i) the rate used to compute
the Late Payment Charge contained in the
applicable SBC-SWBT intrastate retail
Commission-approved tariff governing
Late Payment Charges to SBC-SWBT'S
retail End Users that are business End
Users in that state and (ii) the highest
rate of interest that may be charged
under Applicable Law, compounded daily
from the Xxxx Due Date to and including
the date that the payment is actually
made and available.
9.1.4.3 If any charge incurred under this
Agreement that is billed out of any
SBC-AMERITECH billing system is Past
Due, the unpaid amounts shall accrue
interest from the Due Date at the lesser
of (i) one and one-half percent (1 1/2%)
per month and (ii) the highest rate of
interest that may be charged under
Applicable Law, compounded daily from
the Xxxx Due Date to and including the
date that the payment is actually made
and available.
9.2 CLEC shall make all payments to SBC-12STATE via electronic
funds credit transfers through the Automated Clearing House
Association (ACH) network to the financial institution
designated by SBC-12STATE. Remittance information will be
communicated together with the funds transfer via the ACH
network. CLEC shall use the CCD+ or the CTX transaction set.
CLEC and SBC-12STATE shall abide by the National Automated
Clearing House Association (NACHA) Rules and Regulations.
Each ACH credit transfer shall be received by SBC-12STATE no
later than the Xxxx Due Date of each xxxx or Late Payment
Charges will apply. SBC-12STATE shall not be liable for any
delays in receipt of funds or errors in entries caused by
CLEC or Third Parties, including CLEC's financial
institution. CLEC is responsible for its own banking fees.
9.2.1 CLEC shall make all payments to SNET in
"immediately available funds." All payments to
SNET shall be made using one of the methods set
forth in the Connecticut Access Service Tariff
approved by the CT-DPUC or via electronic funds
credit transfers through the Automated Clearing
House Association (ACH) network to the financial
institution designated by SNET. If CLEC makes
payment through funds transfer via the ACH
network, remittance information will be
communicated together with the funds transfer via
the ACH network. If CLEC makes payment through
funds transfer via the ACH network, CLEC shall use
the CCD+ or the CTX transaction set. CLEC and SNET
shall abide by the National Automated Clearing
House Association (NACHA) Rules and Regulations.
Each payment shall be received by SNET no later
than the Xxxx Due Date of each xxxx or Late
Payment Charges will apply. SNET shall not
be liable for any delays in receipt of funds or
errors in entries caused by CLEC or Third Parties,
including CLEC's financial institution. CLEC is
responsible for its own banking fees.
9.3 If any portion of an amount due to SBC-13STATE for services
furnished under this Agreement is subject to a bona fide
dispute, CLEC shall, prior to the Xxxx Due Date, give
written notice to SBC-13STATE of the amounts it disputes
("Disputed Amounts") and include in such written notice the
specific details and reasons for disputing each item, as
listed in Section 18.4.1. CLEC shall pay when due (i) all
undisputed amounts, and (ii) all Disputed Amounts into an
interest bearing escrow account with a Third Party escrow
agent mutually agreed upon by the Parties. To be acceptable,
the Third Party escrow agent must meet all of the following
criteria:
9.3.1 The financial institution proposed as the Third
Party escrow agent must be located within the
continental United States;
9.3.2 The financial institution proposed as the Third
Party escrow agent may not be an Affiliate of
either Party; and
9.3.3 The financial institution proposed as the Third
Party escrow agent must be authorized to handle
Automatic Clearing House (ACH) (credit
transactions) (electronic funds) transfers.
9.3.4 In addition to the foregoing requirements for the
Third Party escrow agent, CLEC and the financial
institution proposed as the Third Party escrow
agent must agree that the escrow account will meet
all of the following criteria:
9.3.4.1 The escrow account must be an interest
bearing account;
9.3.4.2 All charges associated with opening and
maintaining the escrow account will be
borne by CLEC;
9.3.4.3 That none of the funds deposited into
the escrow account or the interest
earned thereon may be subjected to the
financial institution's charges for
serving as the Third Party escrow agent;
9.3.4.4 All interest earned on deposits to the
escrow account shall be disbursed to the
Parties in the same proportion as the
principal; and
9.3.4.5 Disbursements from the escrow account
shall be limited to those:
9.3.4.5.1 authorized in writing by both
CLEC and SBC-13STATE (that is,
signature(s) from
representative(s) of CLEC only
are not sufficient to properly
authorize any disbursement);
or
9.3.4.5.2 made in accordance with the
final, non-appealable order of
the arbitrator appointed
pursuant to the provisions of
Section 15.7; or
9.3.4.5.3 made in accordance with the
final, non-appealable order of
the court that had
jurisdiction to enter the
arbitrator's award pursuant to
Section 15.7.
9.4 Disputed Amounts in escrow shall be subject to Late Payment
Charges as set forth in Section 9.1.
9.5 Issues related to Disputed Amounts shall be resolved in
accordance with the procedures identified in the Dispute
Resolution provisions set forth in Section 15.
9.6 If CLEC disputes any charges for services furnished under
this Agreement and any portion of the dispute is resolved in
favor of CLEC, the Parties shall cooperate to ensure that
all of the following actions are taken:
9.6.1 SBC-13STATE shall credit the invoice of CLEC for
that portion of the Disputed Amounts resolved in
favor of CLEC, together with any Late Payment
Charges assessed with respect thereto no later
than the second Xxxx Due Date after the resolution
of the Dispute;
9.6.2 within fifteen (15) calendar days after resolution
of the Dispute, the portion of the escrowed
Disputed Amounts resolved in favor of CLEC shall
be released to CLEC, together with any accrued
interest thereon;
9.6.3 within. fifteen (15) calendar days after
resolution of the Dispute, the portion of the
Disputed Amounts resolved in favor of SBC-13STATE
shall be released to SBC-13STATE, together with
any accrued interest thereon; and
9.6.4 no later than the third Xxxx Due Date after the
resolution of the dispute regarding the Disputed
Amounts, CLEC shall pay SBC-13STATE the difference
between the amount of accrued interest SBC-13STATE
received from the escrow disbursement and the
amount of Late Payment Charges SBC-13STATE is
entitled to receive pursuant to Section 9. 1.
9.7 Failure by CLEC to pay any charges determined to be owed to
SBC-13STATE within the time specified in Section 9.6 shall
be grounds for termination of this Agreement.
9.8 Exchange of Billing Message Information
9.8.1 SBC-13 STATE will provide CLEC a specific Daily
Usage File ("DUF" OR "USAGE EXTRACT") for usage
sensitive services furnished hereunder ("CUSTOMER
USAGE DATA"). Such Customer Usage Data shall be
provided by SBC-13STATE in accordance with
Exchange Message Interface (EMI) guidelines
supported by OBF. Any exceptions to the supported
formats will be noted in the DUF implementation
requirements documentation for each ILEC. The DUF
shall include (i) specific daily usage, including
both Local Traffic (if and where applicable) and
LEC-carried IntraLATA Toll Traffic, in EMI format
for usage sensitive services furnished in
connection with each service to the extent that
similar usage sensitive information is provided to
retail End Users of SBC-13STATE within that state,
(ii) with sufficient detail to enable CLEC to xxxx
its End Users for usage sensitive services
furnished by SBC-13STATE in connection with
services furnished by SBC-13STATE under this
Agreement. Procedures and processes for
implementing the interfaces with SBC-AMERITECH,
PACIFIC, NEVADA , SNET , and SBC-SWBT will be
included in implementation requirements
documentation.
9.8.2 To establish file transmission for the DUF, CLEC
must provide a separate written request for each
state to SBC-AMERITECH, PACIFIC, NEVADA, SNET AND,
SBC-SWBT no less than sixty (60) calendar days
prior to the desired first transmission date for
each file.
9.8.3 Call detail for LEC-carried calls that are
alternately billed to CLEC End Users will be
forwarded to CLEC as rated call detail on the DUF
9.8.4 SBC-SWBT shall xxxx XXXX for DUF furnished by
SBC-SWBT in accordance with the price(s) provided
in the applicable Appendix Pricing under
"Electronic Billing Information."
9.8.5 Interexchange call detail on services furnished to
CLEC under this Agreement for resale that is
forwarded to SBC-13STATE for billing, which would
otherwise be processed by SBC-13STATE for its
retail End Users, will be returned to the IXC and
will not be passed through to CLEC. This call
detail will be returned to the IXC with a
transaction code indicating that the returned call
originated from a resold account. Billing for
Information Services and other ancillary services
traffic on resold accounts will be passed through
when SBC-13STATE records the message.
9.8.6 SBC-AMERITECH, NEVADA and PACIFIC Ancillary
Services messages originated on or billed to a
resold account in those seven (7) states shall be
subject to the rates, terms and conditions of
Appendix Message Exchange.
9.8.7 CLEC shall be responsible for providing all
billing information to each of its End Users,
regardless of the method used to provision the End
User's service.
10. NONPAYMENT AND PROCEDURES FOR DISCONNECTION
10.1 If CLEC is furnished services under the terms of this
Agreement in more than one (1) state, Sections 10.1 through
10.7, inclusive, shall be applied separately for each such
state.
10.2 Failure to pay charges may be grounds for termination of
this Agreement. If CLEC fails to pay by the Xxxx Due Date,
any and all charges billed to it under this Agreement,
including any Late Payment Charges or miscellaneous charges
("UNPAID CHARGES"), and any portion of such Unpaid Charges
remain unpaid fifteen (15) calendar days after the Xxxx Due
Date, SBC-13STATE shall notify CLEC in writing that in order
to avoid disruption or disconnection of the services
furnished under this Agreement, CLEC must remit all Unpaid
Charges to SBC-13STATE within fourteen (14) calendar days
following receipt of SBC-13STATE's notice.
10.3 If CLEC desires to dispute any portion of the Unpaid
Charges, CLEC shall take all of the following actions not
later than fourteen (14) calendar days following receipt of
SBC-13STATE's notice of Unpaid Charges:
10.3.1 notify SBC-13STATE in writing which portion(s) of
the Unpaid Charges it disputes, including the
total amount disputed ("DISPUTED AMOUNTS")
including all of the specific details listed in
Section 10.4.1, together with the reasons for its
dispute; and
10.3.2 immediately pay to SBC-13STATE all undisputed
Unpaid Charges; and
10.3.3 pay all Disputed Amounts into an interest bearing
escrow account that complies with all of the
requirements set forth in Section 9.3.
10.3.4 Evidence that CLEC has established an interest
bearing escrow account that complies with all of
the terms set forth in Section 9.3 of this
Agreement and deposited a sum equal to the
Disputed Amounts into that escrow account must be
furnished to SBC-13STATE before the Unpaid Charges
will be deemed to be "disputed" under Section
15.4.1.
10.4 Issues related to Disputed Amounts shall be resolved in
accordance with the procedures identified in the Dispute
Resolution provision set forth in Section 15.
10.5 SBC-AMERITECH only
10.5.1 Notwithstanding anything to the contrary herein,
if CLEC fails to (i) pay any undisputed amounts by
the Xxxx Due Date, (ii) pay the disputed portion
of a past due xxxx into an interest-bearing escrow
account with a Third Party escrow agent, (iii) pay
any revised deposit or (iv) make a payment in
accordance with the terms of any mutually agreed
upon payment arrangement, SBC-AMERITECH may, in
addition to exercising any other rights or
remedies it may have under Applicable Law, provide
written demand to CLEC for failing to comply with
the foregoing. If CLEC does not satisfy the
written demand within five (5) Business Days of
receipt, SBC-AMERITECH may exercise any, or all,
of the following options:
10.5.1.1 assess a late payment charge and where
appropriate, a dishonored check charge;
10.5.1.2 require provision of a deposit or
increase an existing deposit pursuant to
a revised deposit request;
10.5.1.3 refuse to accept new, or complete
pending, orders; and/or
10.5.1.4 discontinue service.
10.5.2 Notwithstanding anything to the contrary in this
Agreement, SBC-AMERITECH's exercise of any of the
above options:
10.5.2.1 shall not delay or relieve CLEC's
obligation to pay all charges on each
and every invoice on or before the
applicable Xxxx Due Date, and
10.5.2.2 Sections 10.5.1.3 and 10.5.1.4 shall
exclude any affected order or service
from any applicable performance interval
or Performance Benchmark.
10.5.3 Once disconnection has occurred, additional
charges may apply.
10.6 SBC-7STATE ONLY
10.6.1 If any Unpaid Charges remain unpaid and undisputed
twenty-nine (29) calendar days past the Xxxx Due
Date of such Unpaid Charges, SBC-7STATE shall
notify CLEC and the Commission in writing that
unless all Unpaid Charges are paid within sixteen
(16) calendar days following CLEC's receipt of
such notice, all services furnished to CLEC under
this Agreement shall be disconnected. This notice
shall further specify that SBC-7STATE shall cause
any of CLEC's End Users provisioned with such
services to be defaulted to SBC-7STATE local
service.
10.6.1.1 On the same day that it sends the letter
required by Section 13.6.1, SBC-7STATE
will suspend acceptance of any new order
and completion of any pending order
(other than a disconnect order) from
CLEC for any service that could be
furnished under this Agreement.
10.6.1.2 Section 10.6.1.1 shall exclude any
affected order for service(s) from any
applicable performance interval and
computation of any Performance
Measurement.
10.6.2 If any Unpaid Charges remain unpaid and undisputed
forty (40) calendar days past the Xxxx Due Date of
the Unpaid Charges, CLEC shall, at its sole
expense, notify its End Users and the Commission
that the End Users' service may be disconnected
due to CLEC's failure to pay Unpaid Charges, and
that its End Users must affirmatively select a new
local service provider within five (5) calendar
days. This notice shall also advise each of CLEC's
End Users that SBC-7STATE will transfer
provisioning of the End User's account to
SBC-7STATE at the end of the five (5) calendar day
period should the End User fail to select a new
local service provider in the interim.
10.6.3 If any Unpaid Charges for services furnished to
CLEC under this Agreement remain unpaid and
undisputed forty-five (45) calendar days past the
Xxxx Due Date of such Unpaid Charges, SBC-7STATE
shall disconnect all services furnished to CLEC
under this Agreement.
10.6.3.1 On the same date that services are
disconnected, SBC-7STATE shall cause
CLEC's End Users to be transferred
directly to SBC-7STATE's local service.
To the extent available at retail from
SBC-7STATE, the End Users transferred to
SBC-7STATE's local service shall receive
the same services provided through CLEC
immediately prior to the time of
transfer; provided, however, SBC-7STATE
reserves the right to toll restrict
(both interLATA and intraLATA) such
transferred End Users.
10.6.3.2 Applicable conversion charges and
service establishment charges for
transferring End Users from CLEC to
SBC-7STATE as specified in this Section
10.6 shall be billed to CLEC.
10.6.3.3 SBC-7STATE shall inform the Commission
of the names of all End Users
transferred through this process.
10.6.4 Within five (5) calendar days of the transfer,
SBC-7STATE shall notify all transferred End Users
that because of CLEC's failure to pay SBC-7STATE,
their local service is now being provided by
SBC-7STATE. SBC-7STATE shall also notify each
transferred End User that the End User has thirty
(30) calendar days to select a new local service
provider.
10.6.5 If any End User transferred to SBC-7STATE's local
service pursuant to Section 10.6.3 of this
Agreement fails to select a new local service
provider within thirty (30) calendar days of the
transfer to SBC-7STATE's local service, SBC-7STATE
shall terminate the End User's service.
10.6.5.1 The transferred End User shall be
responsible for any and all charges
incurred during the selection period.
10.6.5.2 SBC-7STATE shall notify the Commission
of the names of all End Users whose
service has been terminated pursuant to
this Section 10.6.5.
10.6.6 SBC-7STATE may discontinue service to CLEC as
provided in Section 10.6.3 and shall have no
liability to CLEC or CLEC's End Users in the event
of such disconnection or any transfer of End Users
to SBC-7STATE's service in connection with such
disconnection.
10.6.7 Nothing in this Agreement shall be interpreted to
obligate SBC-7STATE to continue to provide service
to any transferred End User beyond the thirty (30)
calendar day selection period. Nothing herein
shall be interpreted to limit any and all
disconnection rights SBC-7STATE has with regard to
such End Users under Applicable Law; provided,
however,
10.6.7.1 in PACIFIC only, following expiration of
the selection period and disconnection
of such End Users, where facilities
permit, PACIFIC will furnish transferred
and subsequently disconnected
residential End Users with "quick dial
tone."
10.6.8 Once the letter required by Section 10.6.1 has
been sent to CLEC, SBC-7STATE shall not accept any
order (other than a disconnect order) from CLEC
until
10.6.8.1 all Unpaid Charges are paid, and
10.6.8.1.1 CLEC has furnished SBC-7STATE
a cash deposit calculated
pursuant to the terms and
conditions of Section 8.
10.7 Disconnection for SNET, see the applicable DPUC ordered
tariff.
11. TERMS AND CONDITIONS FOR RESALE OF SERVICES
11.1 Except as otherwise expressly provided herein, for
Telecommunications Services included within this Agreement
that are offered by SBC-13STATE to SBC-13STATE's End Users
through tariff(s), the rules and regulations associated with
SBC-13STATE's retail tariff(s) shall apply when the services
are resold by CLEC, with the exception of any tariff resale
restrictions; provided, however, any tariff restrictions on
further resale by the End User shall continue to apply. Use
limitations on any service resold by CLEC to its End Users
shall be in parity with
the use limitations applicable to the same service offered
by SBC-13STATE to its End Users.
11.2 CLEC shall only sell Plexar-Registered Trademark-, Centrex
and Centrex-like services to a single End User or multiple
End Users in accordance with the terms and conditions set
forth in the corresponding SBC-13STATE retail tariff(s)
applicable within that state.
11.3 Except where otherwise explicitly permitted in SBC-13STATE's
corresponding retail tariff(s), CLEC shall not permit the
sharing of a service by multiple End User(s) or the
aggregation of traffic from multiple End User(s) onto a
single service.
11.3.1 This section applies only to SWBT-TX:
11.3.1.1 Within the State of Texas, based upon
the Texas Commission's arbitration
order, SWBT-TX will permit aggregation
for purposes of the resale of volume
discount offers. Volume discount offers
include such items as intraLATA toll,
but do not include such items as
packages of vertical features.
11.4 Grandfathered services are available per appropriate state
specific tariff to CLEC for resale at the applicable
discount only to the same End User, at the existing End
User's location, to which SBC-13STATE provides the service,
either at retail or through resale.
11.5 CLEC shall only resell services furnished under this
Agreement to the same category of End Users to whom
SBC-13STATE offers such services (for example, residence
service shall not be resold to business End Users).
11.6 SPECIAL NEEDS SERVICES
11.6.1 CLEC may only resell special needs services" as
identified in associated state specific tariffs to
persons who are eligible for each such service. As
used herein, the term "special needs services"
means services for the physically disabled where
the disability is related to vision, speech,
hearing or motion. Further, to the extent CLEC
resells services that require certification on the
part of the End User, CLEC shall ensure that the
End User has obtained proper certification and
complies with all rules and regulations as
established by the appropriate Commission.
11.6.1.1 If the existing retail Customer Service
Record ("CSR") for an End User's account
currently provisioned at retail by
SBC-13STATE contains an indicator that
the same telephone number for the same
named Person at the same address is
currently being billed by SBC-13STATE
retail for the same "special needs
service," the End User has previously
been certified as eligible for that
"special needs service."
11.6.1.2 If the indicator described in Section
11.6.1.1 is present on the End User's
current retail account with an
SBC-13STATE company, CLEC must make the
determination whether the End User
continues to be eligible for the
program(s) specified in Section 11.6.1
hereof CLEC is responsible for obtaining
any End User certification or
re-certification required by the terms
of the state specific SBC-13STATE tariff
for any "special needs service" it
resells to any End User beginning on the
date that CLEC submits any order
relating to that "special needs
service." This responsibility includes
obtaining and retaining any documentary
evidence of each such End User's
eligibility, in accordance with the
applicable SBC-13STATE retail tariff
requirements.
11.6.1.3 If the indicator described in Section
11.6.1 is not present on the End User's
current retail account with an
SBC-13STATE company, or if the applicant
does not currently have local telephone
service, CLEC is responsible for
ensuring that the End User is eligible
for any "special needs service" in
accordance with applicable SBC-13STATE
retail tariff requirements, for
obtaining and retaining any documentary
evidence of such eligibility and for
designating such End User or applicant
as eligible to participate in such
program(s).
11.6.2 THIS SECTION APPLIES ONLY TO SBC-SWBT:
11.6.2.1 CLEC may only resell SBC-SWBT LifeLine
and Link-Up services, according to
associated retail state specific tariffs
to persons who are eligible for each
such service. Further, to the extent
CLEC resells services that require
certification on the part of the End
User, CLEC shall ensure that the End
User meets all associated tariff
eligibility requirements, has obtained
proper certification and complies with
all rules and regulations as established
by the appropriate Commission.
11.6.2.2 When the End User is currently receiving
SBC-SWBT LifeLine and/or Link-Up
benefit, the existing SBC-SWBT CSR will
carry the appropriate service indicator.
CLEC may view this indicator on the
SBC-SWBT CSR.
11.6.2.3 If the indicator described in Section
11.6.2.2 is present on the End User's
current retail SBC-SWBT CSR, CLEC must
make the determination whether the End
User continues to be eligible for the
program(s) specified in Section 11.6.2.1
hereof. CLEC is responsible for
obtaining any End User certification or
re-certification required by the terms
of the state specific SBC-SWBT tariff
for LifeLine or Link-Up service it
resells to any End User beginning on the
date that CLEC submits any order
relating to service. This responsibility
includes obtaining and retaining any
documentary evidence of each such End
User's eligibility, in accordance with
the applicable SBC-SWBT retail tariff
requirements.
11.6.2.4 If the indicator described in Section
11.6.2.2 is not present on the CSR for
the End User's current retail account
with SBC-SWBT, or if the applicant
does not currently have local telephone
service, CLEC is responsible for
ensuring that the End User is eligible
for any LifeLine or Link-Up service in
accordance with applicable SBC-SWBT
retail tariff requirements, for
obtaining and retaining any documentary
evidence of such eligibility and for
designating such End User or applicant
as eligible to participate in such
program(s).
11.7 THIS SECTION APPLIES ONLY TO NEVADA, PACIFIC, SNET AND
SBC-AMERITECH:
11.7.1 NEVADA, PACIFIC, SNET AND SBC-AMERITECH LifeLine
and Link-Up services are not available for resale.
11.7.2 When an End User is currently receiving NEVADA,
PACIFIC, SNET or SBC-AMERITECH LifeLine or Link-Up
service, the existing NEVADA, PACIFIC, SNET or
SBC-AMERITECH Customer Service Record (CSR) will
carry the appropriate service indicator. CLEC may
view this indicator on the CSR.
11.7.2.1 CLEC may obtain LifeLine or Link-Up
indicator data from NEVADA, PACIFIC,
SNET or SBC-AMERITECH's existing retail
CSR for the End User for the sole
purpose of enabling CLEC to determine
whether the End User may be eligible for
any similar program(s) CLEC may offer.
11.7.2.2 CLEC is exclusively responsible for all
aspects of any similar CLEC-offered
program, including ensuring that any
similar CLEC-offered program(s) complies
with all applicable federal
and state requirements, obtaining all
necessary End User certifications and
re-certifications, submitting written
designation that any of CLEC's End User
or applicants are eligible to
participate in such programs, submitting
CLEC's claims for reimbursement to any
applicable governmental authority and
any other activities required by any
applicable governmental authority.
11.7.3 If no NEVADA, PACIFIC, SNET or SBC-AMERITECH
LifeLine and/or Link-Up indicator is present on
the CSR for the End User's current retail account,
such End User is not currently certified as
eligible to participate in any LifeLine or Link-Up
program offered by NEVADA, PACIFIC, SNET or
SBC-AMERITECH.
11.8 CUSTOMER SPECIFIC PRICING
11.8.1 This section applies only to SWBT-TX:
11.8.1.1 Subject to any modifications ultimately
approved in Docket Number 17759 and any
appeals thereof:
11.8.1.1.1 CLEC may convert current
SWBT-TX End User(s) that have
existing term, volume,
termination liability or any
customer specific pricing
contracts (collectively
referred to hereinafter as
"CSP Contracts") for services
offered within the State of
Texas, and
11.8.1.1.2 SWBT-TX and any other
reseller of SWBT-TX local
service may convert current
CLEC End User(s) that have
existing CSP Contracts for
services offered within the
State of Texas.
11.8.1.2 In the event of a conversion under
either Section 11.8.1.1.1 or 11.8.1.1.2,
CLEC and SWBT-TX shall comply with all
of the terms and conditions set forth in
Sections 11.8.2 and 11.8.3 hereof.
11.8.1.3 Responsibilities of CLEC in connection
with CSP Contract Conversions.
11.8.1.3.1 CLEC shall assume in writing
the balance of the terms,
including volume, term and
termination liability
remaining on any current
retail SWBT-TX
or resold End User CSP
Contract at the time of
conversion. CLEC may assume
the CSP Contract at the
wholesale discount of 5.62%
for customer specific pricing
plan contracts and at the
wholesale discount of 8.04%
for tariffed volume and term
contracts.
11.8.1.3.2 Correspondingly, CLEC shall
not charge CLEC's End User
termination liability when an
existing CSP contract between
CLEC and its End User is
converted to SWBT-TX or any
other local service provider
reselling SWBT-TX local
service.
11.8.1.3.3 If another reseller of
SWBT-TX local service
converts a current CLEC End
User(s) that has an existing
CSP Contract, it is CLEC's
responsibility to address
assumption of the CSP
contact and termination
liability with the other
reseller. CLEC agrees that
SBC-13STATE has no
responsibilities in such a
situation, and CLEC further
agrees that it will not make
any Claim against SWBT-TX in
connection with any
conversion by another
reseller of SWBT-TX local
service of any CLEC End
User(s) that has an existing
CSP contract.
11.8.1.4 Responsibilities of SWBT-TX in
connection with CSP Contract Conversions
11.8.1.4.1 SWBT-TX will not charge its
retail End User termination
liability when an existing
CSP contract is converted to
CLEC for resale.
11.8.1.4.2 Correspondingly, SWBT-TX will
assume in writing the balance
of the terms, including
volume, term and termination
liability remaining on a
current CSP contract between
CLEC and its End User at the
time that CLEC's End User is
converted to SWBT-TX.
11.8.2 This section applies only to SBC-AMERITECH:
11.8.2.1 SBC-AMERITECH retail contracts may be
assumed unless expressly prohibited by
the contract. Contracts for
grandfathered and/or sunsetted services
may not be assumed.
11.8.2.2 Subject to the provisions of Section
11.8.2.1, the following shall apply:
11.8.2.2.1 AM-IL tariffed and Individual
Case Basis (ICB) contracts
that are assumed receive a
wholesale discount of 3.16%.
11.8.2.2.2 AM-MI tariffed and Individual
Case Basis (ICB) contracts
that are assumed receive a
wholesale discount of 3.39%.
11.8.2.2.3 AM-IN, AM-OH, AND AM-WI
tariffed and Individual Case
Basis (ICB) contracts may be
assumed, but receive no
wholesale discount.
11.8.2.2.4 SBC-AMERITECH Non-Standard
Service contracts may be
assumed, but receive no
wholesale discount.
11.8.2.3 If CLEC elects to terminate a
SBC-AMERITECH retail contract which CLEC
had previously assumed, CLEC will be
assessed the applicable termination
charges remaining unless CLEC elects to
simultaneously replace the existing
contract with a contract of greater term
and/or volume at the same discount CLEC
receives for the previously assumed but
now terminated contract.
11.9 PAYPHONE SERVICES
11.9.1 CLEC may provide certain local Telecommunications
Services to payphone service providers ("PSPs")
for PSPs' use in providing payphone service. Local
Telecommunications Services which PSPs use in
providing payphone service that are provided to
PSPs by CLEC by means of reselling SBC-13STATE's
services offered pursuant to the appropriate
payphone section(s) of SBC-13STATE's state
specific tariff(s) applicable in each state
covered by this Agreement are referred to in this
Agreement as "Payphone Lines." In its Common
Carrier Docket No. 96-128, the FCC ordered
SBC-13STATE to compensate PSP customers of CLECs
that resell SBC-13STATE's services for certain
calls originated from pay telephones and received
by the resale-based carriers. (IMPLEMENTATION OF
THE PAY TELEPHONE RECLASSIFICATION AND
COMPENSATION PROVISIONS OF THE TELECOMMUNICATIONS
ACT OF 1996, FCC Docket No. 96-128, Report and
Order, para. 86 (1996)). This compensation is
referred to in this Agreement as "Payphone
Compensation."
11.9.2 The Parties desire that SBC-13STATE satisfy the
obligation to pay Payphone Compensation to PSPs
that are customers of CLEC by paying the Payphone
Compensation to CLEC, who will then forward the
Payphone Compensation directly to the PSPs.
11.9.2.1 SBC-13STATE will pay Payphone
Compensation due with respect to
Payphone Lines in compliance with the
current or any future order of the FCC.
SBC-13STATE will pay Payphone
Compensation to CLEC only for:
11.9.2.1.1 IntraLATA subscriber 800
calls for which SBC-13STATE
provides the 800 service to
the subscriber and carries
the call; and
11.9.2.1.2 IntraLATA calls placed using
SBC-13STATE's prepaid calling
card platform and carried by
SBC-13STATE.
11.9.2.2 SBC-13STATE will not pay any Payphone
Compensation for non-sent paid calls.
11.9.2.3 SBC-13STATE will pay CLEC the Payphone
Compensation due to CLEC's PSP
customer(s) within sixty (60) calendar
days after the close of the calendar
quarter during which the call(s) for
which Payphone Compensation is due were
made. However, payment may be made later
than sixty (60) calendar days if
SBC-13STATE deems it necessary to
investigate a call or calls for possible
fraud.
11.9.2.3.1 SBC-13STATE will make payment
of any Payphone Compensation
due to CLEC under this
Agreement by crediting XXXX'x
xxxx for the Payphone Line
over which the call that
gives rise to the Payphone
Compensation was placed.
SBC-13STATE will not issue a
check to CLEC if the credit
for Payphone Compensation
exceeds the balance due TO
SBC-13STATE on the xxxx.
11.9.2.4 Nothing in this Agreement entitles CLEC
to receive or obligates SBC-13STATE to
provide any call detail or other call
record for any call that gives rise to
Payphone Compensation.
11.9.2.5 CLEC represents and warrants that the
only SBC-13STATE services that CLEC will
make available to PSPs as Payphone Lines
are the payphone services that
SBC-13STATE offers pursuant to the
appropriate payphone section(s) of
SBC-13STATE's state specific tariff(s)
applicable in each state covered by this
Agreement.
11.9.2.6 Except as provided otherwise in Section
11.9 of this Agreement, CLEC shall pay
the entire amount of the Payphone
Compensation due with respect to each
Payphone Line to the PSP that is CLEC's
customer for that Payphone Line. CLEC
shall make such payment on or before the
last business day of the calendar
quarter following the calendar quarter
during which the call(s) for which
Payphone Compensation is due to the PSP
were made. IF SBC-13STATE pays any
Payphone Compensation to CLEC later than
sixty (60) calendar days after the close
of the calendar quarter during which the
call(s) for which Payphone Compensation
is due were made, then CLEC shall pay
the entire amount of such Payphone
Compensation to the PSP that is CLEC's
customer for that Payphone Line within
ten (10) calendar days after receiving
such Payphone Compensation from
SBC-13STATE.
11.10 Suspension of Service
11.10.1 CLEC may offer to resell Customer Initiated
Suspension and Restoral Service to its End Users
at the associated state specific retail tariff
rates, terms and conditions for suspension of
service at the request of the End User.
11.10.2 SBC-13STATE will offer CLEC local service provider
initiated suspension service for CLEC's purposes
at the associated SBC-13STATE state specific
retail tariff rate for company initiated
suspension of service. Service specifics may be
obtained in state specific CLEC Handbooks.
11.10.2.1 CLEC shall be exclusively responsible
for placing valid orders for the
suspension and the subsequent
disconnection or restoral of service to
each of its End Users.
11.10.2.2 Should CLEC suspend service for one of
its End Users and fail to submit a
subsequent disconnection order within
the maximum number of calendar days
permitted for a company initiated
suspension pursuant to the state
specific retail tariff,
CLEC shall be charged and shall be
responsible for all appropriate monthly
service charges for the End User's
service from the suspension date through
the disconnection date.
11.10.2.3 Should CLEC suspend service for one of
its End Users and subsequently issue a
restoral order, CLEC shall be charged
the state specific tariff rate for the
restoral plus all appropriate monthly
service charges for the End User's
service from the suspension date through
the restoral date.
11.11 PROMOTIONS
11.11.1 Promotions are available for the
Telecommunications Services outlined in Appendix
Pricing in the "Resale" category and in accordance
with state specific Commission requirements.
11.11.2 This section applies only to NEVADA and SWBT-MO:
11.11.2.1 NEVADA and SWBT-MO promotions of
eighty-nine (89) days or less are not
available to CLEC for resale.
11.11.3 This section applies only to PACIFIC,
SBC-AMERITECH, SNET, SWBT-AR AND SWBT-OK:
11.11.3.1 PACIFIC, SBC-AMERITECH, SNET, SWBT-AR
and SWBT-OK promotions of ninety
(90) days or less are not available to
CLEC for resale.
11.11.4 This section applies only to SWBT-KS:
11.11.4.1 Promotions on Telecommunications
Services are available to CLEC for
resale. A wholesale discount (14.9% or
21.6%, as applicable) will be applied to
those promotions of ninety-one (91) days
or more.
11.11.5 This section applies ONLY TO SWBT-TX:
11.11.5.1 Promotions on Telecommunications
Services are available to CLEC for
resale. A wholesale discount will be
applied to those promotions of
ninety-one (91) days or more.
12. ADDITIONAL TERMS APPLICABLE TO RESALE OF SERVICES
12.1 CLEC shall not use a resold service to avoid the rates,
terms and conditions of SBC-13STATE's corresponding retail
tariff(s).
12.2 CLEC shall not use resold local Telecommunications Services
to provide access or interconnection services to itself,
interexchange carriers (IXCs), wireless carriers,
competitive access providers (CAPs), or other
telecommunications providers; provided however, that CLEC
may permit its End Users to use resold local
Telecommunications Services to access IXCs, wireless
carriers, CAPs, or other retail telecommunications
providers.
12.3 A federal End User Common Line charge and any other
appropriate Commission-approved charges, as set forth in the
appropriate SBC-13STATE federal and applicable state
tariff(s) will apply to each local exchange line furnished
to CLEC under this Agreement.
12.4 To the extent allowable by law, CLEC shall be responsible
for Primary Interexchange Carrier (both PIC and LPIC) change
charges associated with each local exchange line furnished
to CLEC for resale. CLEC shall pay all charges for PIC and
LPIC changes at the tariffed rate(s).
12.5 SBC-13STATE's services are not available at wholesale rates
to CLEC for its own use or for the use of any CLEC's
Affiliates, successors, or assigns.
12.6 If CLEC is in violation of any provision of this Appendix,
SBC-13STATE will notify CLEC of the violation in writing.
Such notice shall refer to the specific provision being
violated. CLEC will have thirty (30) calendar days to
correct the violation and notify SBC-13STATE in writing that
the violation has been corrected. If the violation affects
billing, SBC-13STATE will xxxx XXXX a sum equal (i) the
charges that would have been billed by SBC-13STATE to CLEC
or any Third Party but for the stated violation and (ii) the
actual revenues CLEC billed its End User(s) in connection
with the stated violation, whichever is greater. Should CLEC
dispute the stated violation, CLEC must notify SBC-13STATE
in writing of the specific details and reasons for its
dispute within fourteen (14) calendar days of receipt of the
notice from SBC-13STATE and comply with Sections 12.3 and
12.3. Resolution of any dispute by CLEC of the stated
violation shall be conducted in compliance with the Dispute
Resolution provisions of this Agreement.
13. ANCILLARY SERVICES
13.1 Where available, SBC-13STATE will afford CLEC's End Users
the ability to make 911 calls. CLEC shall be responsible for
collecting and remitting all
applicable 911 fees and surcharges on a per line basis to
the appropriate Public Safety Answering Point (PSAP) or
other Governmental Authority responsible for collection of
such fees and surcharges. When requested by SBC-13STATE,
CLEC shall provide SBC-13STATE with accurate and complete
information regarding CLEC's End User(s) in a format and
time frame prescribed by SBC-13STATE for purposes of E911
administration.
13.2 Subject to SBC-13STATE's practices, as well as the rules and
regulations applicable to the provision of White Pages
directories, SBC-13STATE will include in appropriate White
Pages directories the primary alphabetical listings of all
CLEC End Users located within the local directory scope. The
rules, regulations and SBC-13STATE practices are subject to
change from time to time.
13.3 Additional Listing services, as set forth in Appendix
Pricing, may be purchased by CLEC for its End Users on a per
listing basis.
13.4 Each CLEC subscriber will receive one copy per primary End
User listing of SBC-13STATE's White Pages directory in the
same manner and at the same time that they are delivered to
SBC-13STATE's subscribers during the annual delivery of
newly published directories. For White Page directories
and/or White Page directories that are co-bound with Yellow
Pages, CLEC may provide to SBC-13STATE written
specifications of the total number of directories that it
will require, at least sixty (60) days prior to the
directory close. In that event, SBC-13STATE will deliver the
remaining directories included in the CLEC's order in bulk
to an address specified by the CLEC.
13.4.1 If CLEC's End User already has a current
SBC-13STATE local White Pages directory,
SBC-13STATE shall not be required to deliver a
directory to that End User until new White Pages
directories are published for that End User's
location.
13.5 SBC-8STATE will provide CLEC with 1/8th page in each
directory (where the CLEC has or plans to have local
telephone exchange customers) for the CLEC to include CLEC
specific-information (i.e., business office, residence
office, repair bureau, etc.) in the White Pages directory on
an "index-type" informational page. No advertising will be
permitted on such informational page. This page will also
include specific information pertaining to other CLECs. At
its option, CLEC shall provide SBC-8STATE with its logo and
information in the form of a camera-ready copy, sized at
1/8th of a page. The content of CLEC's camera-ready copy
shall be subject to SBC-8STATE APPROVAL. In those
directories in which SBC-13STATE includes Spanish Customer
Guide Pages, this informational page will also be provided
in Spanish at CLEC's request, subject to the guidelines set
forth above.
13.6 At its request, CLEC may purchase "Informational Page(s)" in
the informational section of the White Pages directory
covering a geographic area where CLEC provides local
telecommunications exchange service. Such page(s) shall be
no different in style, size, color and format than
SBC-8STATE "Informational Pages". Sixty (60) calendar days
prior to the directory close date, the CLEC shall provide to
SBC-8STATE the "Informational Page" in the form of
camera-ready copy.
13.7 Except where expressly stated the terms and conditions for
including CLEC End User listings in SBC-AMERITECH White Page
directories as well as distribution of such directories to
CLEC and/or CLEC End User's is a product offering available
through a non-regulated subsidiary OF. SBC-AMERITECH.
14. NETWORK AND SERVICE ORDER CONDITIONS
14.1 SBC-13STATE SHALL provide the services covered by this
Agreement subject to availability of existing facilities and
on a nondiscriminatory basis with its other customers. CLEC
shall resell the services provided herein only in those
service areas in which such services or any feature or
capability thereof are offered to End Users at retail by
SBC-13STATE as the incumbent local exchange carrier.
14.2 When an End User converts existing service to CLEC resold
service of the same type without any additions or changes,
charges for such conversion will apply as set forth in
Appendix Pricing in the "Other (Resale)" category, listed as
"conversion charges," and are applied per billable telephone
number.
14.2.1 When an End User(s) subscribes to CLEC resold
service, recurring charges for the service shall
apply at the wholesale discount set forth in
Appendix Pricing. The tariff rates for such resold
service shall continue to be subject to orders of
the appropriate Commission.
14.3 When CLEC converts an End Users existing service and
additions or changes are made to the service at the time of
conversion, the normal service order charges and/or
non-recurring charges associated with said additions and/or
changes will be applied in addition to the conversion
charge. CLEC will receive a wholesale discount on all
non-recurring service order charges for the services listed
in Appendix Pricing under the heading "Resale;" no wholesale
discount is available for the non-recurring service order
charges for those services listed in Appendix Pricing under
the heading "Other (Resale)."
14.4 For the purposes of ordering service furnished under this
Agreement, each request for new service (that is, service
not currently being provided to the End User on
SBC-13STATE's network, without regard to the identity of
that End User's non-
facilities based local service provider of record) shall be
handled as a separate initial request for service and shall
be charged per billable telephone number.
14.5 Where available, the tariff retail additional line rate for
Service Order Charges, shall apply only to those requests
for additional residential service at the End User premises
to which a residential line is currently provided on
SBC-13STATE's network, without regard to the identity of
that End User's non-facilities based local service provider
of record.
15. DISPUTE RESOLUTION
15.1 FINALITY OF DISPUTES
15.1.1 Except as otherwise specifically provided for in
this Agreement, no claim may be brought for any
dispute arising from this Agreement more than
twenty-four (24) months from the date the
occurrence which gives rise to the dispute is
discovered or reasonably should have been
discovered with the exercise of due care and
attention.
15.1.2 Notwithstanding anything contained in this
Agreement to the contrary, a Party shall be
entitled to dispute only those charges for which
the Xxxx Due Date occurred within the twelve (12)
months immediately preceding the date on which the
other Party received notice of such Disputed
Amounts.
15.2 ALTERNATIVE TO LITIGATION
15.2.1 The Parties desire to resolve disputes arising out
of this Agreement without litigation. Accordingly,
the Parties agree to use the following Dispute
Resolution procedures with respect to any
controversy or claim arising out of or relating to
this Agreement or its breach.
15.3 COMMENCING DISPUTE RESOLUTION
15.3.1 Dispute Resolution shall commence upon one Party's
receipt of written notice of a controversy or
claim arising out of or relating to this Agreement
or its breach. No Party may pursue any claim
unless such written notice has first been given to
the other Party. There are three (3) separate
Dispute Resolution methods:
15.3.1.1 SERVICE CENTER / LSC Dispute Resolution,
15.3.1.2 Informal Dispute Resolution; and
15.3.1.3 Formal Dispute Resolution, each of which
is described below.
15.4 LSC/SERVICE CENTER DISPUTE RESOLUTION - The following
Dispute Resolution procedures will apply with respect to
any billing dispute arising out of or relating to the
Agreement.
15.4.1 If the written notice given pursuant to Section
15.3 discloses that a CLEC dispute relates to
billing, then the procedures set forth in this
Section 15.4 shall be used and the dispute shall
first be referred to the appropriate SBC-7STATE
Center [SBC-AMERITECH SERVICE CENTER; SBC-7STATE
LOCAL SERVICE CENTER (LSC)] for resolution. In
order to resolve a billing dispute, CLEC shall
furnish SBC-7STATE AND SBC-AMERITECH written
notice of (i) the date of the xxxx in question,
(ii) CBA/ESBA/ASBS or BAN number of the xxxx in
question, (iii) telephone number, circuit ID
number or trunk number in question, (iv) any USOC
information questioned, (v) amount billed (vi)
amount in question and (vii) the reason that CLEC
disputes the billed amount. To be deemed a
"dispute" under this Section 15.4, CLEC must
provide evidence that it has established an
interest bearing escrow account that complies with
the requirements set forth in Section 9.3 of this
Agreement and deposited all Unpaid Charges into
that escrow account. Failure to provide the
information and evidence required by this Section
15.4.1 not later than twenty-nine (29) days
following the Xxxx Due Date shall constitute
CLEC's irrevocable and full waiver of its right to
dispute the subject charges.
15.4.2 The Parties shall attempt to resolve Disputed
Amounts appearing on SBC-7STATE's and
SBC-AMERITECH's current billing statements thirty
(30) to sixty (60) calendar days from the Xxxx Due
Date (provided the CLEC furnishes all requisite
information and evidence under Section 15.4.1 by
the Xxxx Due Date). If not resolved within thirty
(30) calendar days, upon request, SBC-7STATE AND
SBC-AMERITECH WILL notify CLEC of the status of
the dispute and the expected resolution date.
15.4.3 The Parties shall attempt to resolve Disputed
Amounts appearing on statements prior to the
current billing statement within thirty (30) to
ninety (90) calendar days, but resolution may take
longer depending on the complexity of the dispute.
If not resolved within thirty (30) calendar days
from the date notice of the Disputed Amounts was
received (provided that CLEC furnishes all
requisite information and evidence under Section
15.4. 1), SBC-7STATE AND SBC-AMERITECH will notify
CLEC of the status of the dispute and the expected
resolution date.
15.4.5 If CLEC is not satisfied by the resolution of the
billing dispute under this Section 18.4, CLEC may
notify SBC-7STATE AND SBC-AMERITECH writing that
it wishes to invoke the Informal Resolution of
Disputes afforded pursuant to Section 18.5.
15.5 INFORMAL RESOLUTION OF DISPUTES
15.5.1 Upon receipt by one Party of notice of a dispute
by the other Party pursuant to Section 14.3 or
Section 14.4.5, each Party will appoint a
knowledgeable, responsible representative to meet
and negotiate in good faith to resolve any dispute
arising under this Agreement. The location, form,
frequency, duration, and conclusion of these
discussions will be left to the discretion of the
representatives. Upon agreement, the
representatives may utilize other alternative
Dispute Resolution procedures such as mediation to
assist in the negotiations. Discussions and the
correspondence among the representatives for
purposes of settlement are exempt from discovery
and production and will not be admissible in the
arbitration described below or in any lawsuit
without the concurrence of both Parties. Documents
identified in or provided with such communications
that were not prepared for purposes of the
negotiations are not so exempted, and, if
otherwise admissible, may be admitted in evidence
in the arbitration or lawsuit.
15.6 FORMAL DISPUTE RESOLUTION
15.6.1 If the Parties are unable to resolve the dispute
through the informal procedure described in
Section 15.5, then either Party may invoke the
formal Dispute Resolution procedures described in
this Section 15.6. Unless agreed among all
Parties, formal Dispute Resolution procedures,
including arbitration or other procedures as
appropriate, may be invoked not earlier than sixty
(60) calendar days after receipt of the letter
initiating Dispute Resolution under Section 15.3.
15.6.2 CLAIMS SUBJECT TO MANDATORY ARBITRATION. The
following claims, if not settled through informal
Dispute Resolution, will be subject to mandatory
arbitration pursuant to Section 15.7 below:
15.6.2.1 Each unresolved billing dispute
involving one percent (1%) or less of
the amounts charged to CLEC under this
Agreement in the state in which the
dispute arises during the twelve (12)
months immediately preceding receipt of
the letter initiating
Dispute Resolution under Section 15.3.
If CLEC has not been billed for a
minimum of twelve (12) months
immediately preceding receipt of the
letter initiating Dispute Resolution
under Section 15.3, the Parties will
annualize the actual number of months
billed.
15.6.3 CLAIMS SUBJECT TO ELECTIVE ARBITRATION. Claims
will be subject to elective arbitration pursuant
to Section 15.7 if, and only if, the claim is not
settled through informal Dispute Resolution and
both Parties agree to arbitration. If both Parties
do not agree to arbitration, then either Party may
proceed with any remedy available to it pursuant
to law, equity or agency mechanism.
15.6.4 CLAIMS NOT SUBJECT TO ARBITRATION. If the
following claims are not resolved through informal
Dispute Resolution, they will not be subject to
arbitration and must be resolved through any
remedy available to a Party pursuant to law,
equity or agency mechanism.
15.6.4.1 Actions seeking a temporary restraining
order or an injunction related to the
purposes of this Agreement.
15.6.4.2 Actions to compel compliance with the
Dispute Resolution process.
15.6.4.3 All claims arising under federal or
state statute(s), including antitrust
claims.
15.7 ARBITRATION
15.7.1 Disputes subject to mandatory or elective
arbitration under the provisions of this Agreement
will be submitted to a single arbitrator pursuant
to the Commercial Arbitration Rules of the
American Arbitration Association or pursuant to
such other provider of arbitration services or
rules as the Parties may agree. The arbitrator
shall be knowledgeable of telecommunications
issues. Each arbitration will be held in DALLAS,
TEXAS (SBC-SWBT); CHICAGO, ILLINOIS
(SBC-AMERITECH), SAN FRANCISCO, CALIFORNIA
(PACIFIC); RENO, NEVADA (NEVADA) as appropriate,
unless the Parties agree otherwise. The
arbitration hearing will be requested to commence
within sixty (60) calendar days of the demand for
arbitration. The arbitrator will control the
scheduling so as to process the matter
expeditiously. The Parties may submit written
briefs upon a schedule determined by the
arbitrator. The Parties will request that the
arbitrator rule on the dispute by issuing a
written opinion within thirty (30)
calendar days after the close of hearings. The
Federal Arbitration Act, 9 U.S.C. Secs. 1-16, not
state law, shall govern the arbitrability of all
disputes. The arbitrator will have no authority to
award punitive damages, exemplary damages,
Consequential Damages, multiple damages, or any
other damages not measured by the prevailing
Party's actual damages, and may not, in any event,
make any ruling, finding or award that does not
conform to the terms and conditions of this
Agreement. The times specified in this Section may
be extended or shortened upon mutual agreement of
the Parties or by the arbitrator upon a showing of
good cause. Each Party will bear its own costs of
these procedures, including attorneys' fees. The
Parties will equally split the fees of the
arbitration and the arbitrator. The arbitrator's
award shall be final and binding and may be
entered in any court having jurisdiction thereof.
Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction.
16. AUDITS - APPLICABLE IN SBC-12STATE ONLY
16.1 Subject to the restrictions set forth in Section 27 and
except as may be otherwise expressly provided in this
Agreement, a Party (the "AUDITING PARTY") may audit the
other Party's (the "AUDITED PARTY") books, records, data and
other documents, as provided herein, once annually, with the
audit period commencing not earlier than the date on which
services were first supplied under this Agreement ("SERVICE
START DATE") for the purpose of evaluating (i) the accuracy
of Audited Party's billing and invoicing of the services
provided hereunder and (ii) verification of compliance with
any provision of this Agreement that affects the accuracy of
Auditing Party's billing and invoicing of the services
provided to Audited Party hereunder. Notwithstanding the
foregoing, an Auditing Party may audit the Audited Party's
books, records and documents more than once annually if the
previous audit found (i) previously uncorrected net
variances or errors in invoices in Audited Party's favor
with an aggregate value of at least five percent (5%) of
the amounts payable by Auditing Party for audited services
provided during the period covered by the audit or (ii)
non-compliance by Audited Party with any provision of this
Agreement affecting Auditing Party's billing and invoicing
of the services provided to Audited Party with an aggregate
value of at least five percent (5%) of the amounts payable
by Audited Party for audited services provided during the
period covered by the audit.
16.1.1 The scope of the audit shall be limited to the
period which is the shorter of (i) the period
subsequent to the last day of the period covered
by the audit which was last performed (or if no
audit has been performed, the service start date
and (ii) the twelve (12) month period immediately
preceding the date the Audited Party received
notice of such requested audit, but in any event
not prior to the service start date. Such audit
shall begin no fewer than thirty (30) days after
Audited Party receives a written notice
requesting an audit and shall be completed no
later than thirty (30) days after the start of
such audit.
16.1.2 Such audit shall be conducted either by the
Auditing Party's employee(s) or an independent
auditor acceptable to both Parties; provided,
however, if the Audited Party requests that an
independent auditor be engaged and the Auditing
Party agrees, the Audited Party shall pay
one-quarter (1/4) of the independent auditor's
fees and expenses. If an independent auditor is to
be engaged, the Parties shall select an auditor by
the thirtieth day following Audited Party's
receipt of a written audit notice. Auditing Party
shall cause the independent auditor to execute a
nondisclosure agreement in a form agreed upon by
the Parties.
16.1.3 Each audit shall be conducted on the premises of
the Audited Party during normal business hours.
Audited Party shall cooperate fully in any such
audit and shall provide the auditor reasonable
access to any and all appropriate Audited Party
employees and any books, records and other
documents reasonably necessary to assess (i) the
accuracy of Audited Party's bills and (ii) Audited
Party's compliance with the provisions of this
Agreement that affect the accuracy of Auditing
Party's billing and invoicing of the services
provided to Audited Party hereunder. Audited Party
may redact from the books, records and other
documents provided to the auditor any Audited
Party Proprietary Information that reveals the
identity of End Users of Audited Party.
16.1.4 Each Party shall maintain reports, records and
data relevant to the billing of any services that
are the subject matter of this Agreement for a
period of not less than twenty-four (24) months
after creation thereof, unless a longer period is
required by Applicable Law.
16.1.5 If any audit confirms any undercharge or
overcharge, then Audited Party shall (i) promptly
correct any billing error, including making refund
of any overpayment by Auditing Party in the form
of a credit on the invoice for the first full
billing cycle after the Parties have agreed upon
the accuracy of the audit results and (ii) for any
undercharge caused by the actions of the Audited
Party, immediately compensate Auditing Party for
such undercharge, and (iii) in each case,
calculate and pay interest as provided in Section
9.1.4 (depending on the SBC Parties and billing
systems involved), for the number of days from the
date on which such undercharge or overcharge
originated until the date on which such credit is
issued or payment is made and available.
16.1.6 Except as may be otherwise provided in this
Agreement, audits shall be performed at Auditing
Party's expense, subject to reimbursement by
Audited Party of one-quarter (1/4) of any
independent auditor's fees and expenses in the
event that an audit finds, and the Parties
subsequently verify, a net adjustment in the
charges paid or payable by Auditing Party
hereunder by an amount that is, on an annualized
basis, greater than five percent (5%) of the
aggregate charges for the audited services during
the period covered by the audit.
16.1.7 Any disputes concerning audit results shall be
referred to the Parties' respective personnel
responsible for informal resolution. If these
individuals cannot resolve the dispute within
thirty (30) days of the referral, either Party may
request in writing that an additional audit shall
be conducted by an independent auditor acceptable
to both Parties, subject to the requirements set
out in Section 16.1. Notwithstanding anything
contained in this Agreement to the contrary, any
additional audit shall be at the requesting
Party's expense.
16.2 Audits - SNET only
16.2.1 SNET shall arrange for one (1) annual independent
audit to be conducted by a "Big Six" independent
public accounting firm or an accounting firm
mutually agreed to by SNET, CLEC and all other
local service providers doing business with SNET
under the terms of an agreement adopted pursuant
to Sections 251 and 252 of the Act for the purpose
of evaluating the accuracy of SNET's billing and
invoicing.
16.2.2 SNET will cooperate fully with the independent
auditor in such audit and provide reasonable
access to any and all appropriate SNET employees,
books, records and other documents reasonably
necessary to perform the audit.
16.2.3 SNET shall promptly correct any billing error that
is revealed in the audit, including making refund
of any overpayment to CLEC in the form of a credit
on the invoice for the first full billing cycle
after the audit report is issued; such refund
shall include interest on the overpayment at the
rate of eight percent (8%) per year. In the event
that the audit reveals any underbilling and
resulting underpayment to SNET by CLEC, the
underpayment shall be reflected in CLEC's invoice
for the first full billing cycle after the audit
report is issued. SNET will not be entitled to
recover interest on any underbilling to CLEC
revealed by the audit for the time preceding the
amount appearing on CLECs xxxx from SNET, however,
SNET shall be entitled to recover interest at
the interest rate referenced in Section 9.1.4.1 on
such underbilling and CLEC shall pay interest for
the number of days from the Xxxx Due Date of the
xxxx on which such
underbilling was rectified until the date on which
payment is made and available to SNET.
17. RESPONSIBILITIES OF SWBT
17.1 SBC-13STATE shall allow CLEC to place service orders and
receive phone number assignments (for new lines). These
activities shall be accomplished by facsimile or electronic
interface. SBC-13STATE shall provide interface
specifications for electronic access for these functions to
CLEC. However, CLEC shall be responsible for modifying and
connecting any of its systems with SBC-13STATE-provided
interfaces, as outlined in Appendix OSS.
17.2 SBC-13STATE shall implement CLEC service orders within the
same time intervals SBC-13STATE uses to implement service
orders for similar services for its own End Users.
17.2.1 Methods and procedures for ordering are outlined
in the Customer Handbook, available on-line, as
amended by SBC-13STATE in its sole discretion from
time to time. All Parties agree to abide by the
procedures contained therein.
17.3 CLEC will have the ability to report trouble for its End
Users to appropriate SBC-13STATE trouble reporting center(s)
twenty-four (24) hours a day, 7 days a week. CLEC will be
assigned customer contact center(s) when initial service
agreements are made. CLEC End Users calling SBC-13STATE for
service will be referred to CLEC at the number provided by
CLEC. Nothing herein shall be interpreted to authorize CLEC
to repair, maintain, or in any way touch SBC-13STATEs
network facilities, including those on End User premises.
17.3.1 Methods and procedures for trouble reporting are
outlined in the CLEC Handbook, available on-line,
as amended by SBC-13STATE in its sole discretion
from time to time. All Parties agree to abide by
the procedures contained therein.
17.4 SBC-13STATE will provide CLEC with detailed billing
information necessary for CLEC to issue xxxx(s) to its End
User(s). CLEC has the option of receiving a daily usage file
("DUF") in accordance with the terms and conditions set
forth in Section 9.8. Should CLEC elect to subscribe to the
DUF, CLEC agrees to pay SBC-13STATE the charges specified in
Appendix Pricing under the "Other (Resale)" category listed
as "Electronic Billing Information Data (daily usage) (per
message)."
17.5 SBC-13STATE shall make Telecommunications Services that
SBC-13STATE provides at retail to subscribers who are not
Telecommunications Carriers
available for resale consistent with the obligation under
Section 251(c)(4)(A) of the Act and other applicable
limitations. SBC-13STATE will notify CLEC of any changes in
the terms and conditions under which SBC-13STATE offers
Telecommunications Services at retail to subscribers who are
not Telecommunications Carriers, including but not limited
to, the introduction of any new features, functions,
services, promotions, grandfathering or the discontinuance
of current features or services at the time a tariff filing
is transmitted to the appropriate State Commission, or, in
situations where a tariff filing is not so transmitted,
within sixty (60) calendar days of the expected effective
date of such change.
17.5.1 SBC-13STATE currently makes such notification as
described in Section 24. Notification of any new
service available to CLEC for resale shall advise
CLEC of the category in which such new service
shall be placed, and the same discount already
applicable to CLEC in that category shall apply to
the new service.
17.6 CLEC's End User's activation of Call Trace shall be handled
by the SBC-13STATE operations center(s) responsible for
handling such requests. SBC-13STATE shall notify CLEC of
requests by its End Users to provide call records to the
proper authorities. Subsequent communication and resolution
of each case involving one of CLEC's End Users (whether that
End User is the victim or the suspect) will be coordinated
through CLEC.
17.6.1 CLEC acknowledges that for services where reports
are provided to law enforcement agencies (for
example, Call Trace) only billing number and
address information shall be provided. It shall be
CLEC's responsibility to provide additional
information necessary for any police
investigation.
17.6.1.1 In addition to any other indemnity
obligations in this Agreement or any
Appendix attached hereto, CLEC shall
indemnify SBC-13STATE against any Claim
that insufficient information led to
inadequate prosecution.
17.6.2 SBC-13STATE shall handle law enforcement requests
consistent with the Law Enforcement Section of
this Agreement.
17.7 This section applies only to PACIFIC:
17.7.1 PACIFIC WILL make available to CLEC an optional
service, Repair Transfer Service ("RTS"). In the
event a CLEC's End User dials 611 (811-8081 for
Priority Business customers) for repair, PACIFIC
will provide a recorded announcement of the CLEC
name and number and PACIFIC will automatically
transfer the caller to the CLEC designated
800/888 number for repair service. CLEC must
provide written notification to PACIFIC at least
thirty (30) calendar days prior to the
implementation of RTS. Written notification must
include the CLEC name and 800/888 numbers for RTS
to the CLEC repair bureau and business office.
There will be no charges associated with the
initial set-up for RTS, however, charges will
apply to any subsequent changes to the recorded
name announcement and telephone number. Rates for
subsequent changes are set forth in the Appendix
PRICING in the "Other (ResaleE)" category listed
as "Repair Transfer Service." Subsequent charges
include: Recorded Name Announcement, 800/888
Telephone Number and Name Announcement & Telephone
Number.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
18.1 EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY
MAKES OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SERVICES, FUNCTIONS, FACILITIES AND PRODUCTS
IT PROVIDES UNDER OR IS CONTEMPLATED TO PROVIDE UNDER THIS
AGREEMENT AND EACH PARTY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, NEITHER SBC NOR CLEC ASSUMES RESPONSIBILITY
WITH REGARD TO THE CORRECTNESS OF DATA OR INFORMATION
SUPPLIED BY THE OTHER WHEN THIS DATA OR INFORMATION IS
ACCESSED AND USED BY A THIRD PARTY.
19. LIMITATION OF LIABILITY
19.1 Except for indemnity obligations expressly set forth herein
or as otherwise expressly provided in specific appendices,
each Party's liability to the other Party for any Loss
relating to or arising out of such Party's performance under
this Agreement, including any negligent act or omission
(whether willful or inadvertent), whether in contract, tort
or otherwise, including alleged breaches of this Agreement
and causes of action alleged to arise from allegations that
breach of this Agreement also constitute a violation of a
statute, including the Act, shall not exceed in total the
amount SBC-13STATE or CLEC has charged or would have charged
to the other Party for the services, functions, facilities
and products that were not performed or were improperly
performed.
19.2 Except as otherwise expressly provided in specific
appendices, in the case of any Loss alleged or claimed by a
Third Party to have arisen out of the negligence or willful
misconduct of any Party, each Party shall bear, and its
obligation shall be limited to, that portion (as mutually
agreed to by the Parties or as otherwise established) of the
resulting expense caused by its own negligence or willful
misconduct or that of its agents, servants, contractors, or
others acting in aid or concert with it.
19.3 A Party may, in its sole discretion, provide in its tariffs
and contracts with its End Users or Third Parties that
relate to any services, functions, facilities and products
provided or contemplated under this Agreement that, to the
maximum extent permitted by Applicable Law, such Party shall
not be liable to such End User or Third Party for (i) any
Loss relating to or arising out of this Agreement, whether
in contract, tort or otherwise, that exceeds the amount such
Party would have charged the End User or Third Party for the
services, functions, facilities and products that gave rise
to such Loss and (ii) any Consequential Damages. If a Party
elects not to place in its tariffs or contracts such
limitation(s) of liability, and the other Party incurs a
Loss as a result thereof, the first Party shall indemnify
and reimburse the other Party for that portion of the Loss
that would have been limited had the first Party included in
its tariffs and contracts the limitation(s) of liability
described in this Section 19.3.
19.4 Neither CLEC nor SBC-13STATE shall be liable to the other
Party for any Consequential Damages suffered by the other
Party, regardless of the form of action, whether in
contract, warranty, strict liability, tort or otherwise,
including negligence of any kind, whether active or passive
(and including alleged breaches of this Agreement and causes
of action alleged to arise from allegations that breach of
this Agreement constitutes a violation of the Act or other
statute), and regardless of whether the Parties knew or had
been advised of the possibility that such damages could
result in connection with or arising from anything said,
omitted, or done hereunder or related hereto, including
willful acts or omissions; provided that the foregoing shall
not limit a Party's obligation under Section 21 to
indemnify, defend, and hold the other Party harmless against
any amounts payable to a Third Party, including any Losses,
and Consequential Damages of such Third Party; provided,
however, that nothing in this Section 19.4 shall impose
indemnity obligations on a Party for any Loss or
Consequential Damages suffered by a Party's End User in
connection with any affected services, functions, facilities
and products. Except as provided in the prior sentence, each
Party hereby releases and holds harmless the other Party
(and such other Party's Affiliates, and their respective
officers, directors, employees and agents) from any such
Claim.
19.5 SBC-13STATE shall not be liable for damages to an End User's
premises resulting from the furnishing of any services,
functions, facilities and products, including, if
applicable, the installation and removal of equipment and
associated wiring, unless the damage is caused by
SBC-13STATE's gross negligence or willful misconduct.
SBC-13STATE does not guarantee or make any warranty with
respect to services, functions, facilities and products when
used in an explosive atmosphere.
19.6 CLEC hereby releases SBC-13STATE from any and all liability
for damages due to errors or omissions in CLEC's End User
listing information as provided by CLEC to SBC-13STATE under
this Agreement, including any errors or omissions occurring
in CLEC's End User listing information as it appears in the
White Pages directory, including, but not limited to,
special, indirect, Consequential, punitive or incidental
damages.
19.7 SBC-13 STATE shall not be liable to CLEC, its End User or
any other Person for any Loss alleged to arise out of the
provision of access to 911 service or any errors,
interruptions, defects, failures or malfunctions of 911
service.
19.8 This Section 19 is not intended to exempt any Party from all
liability under this Agreement, but only to set forth the
scope of liability agreed to and the type of damages that
are recoverable. Both Parties acknowledge that they
negotiated regarding alternate limitation of liability
provisions but that such provisions would have altered the
cost, and thus the price, of providing the services,
functions, facilities and products available hereunder, and
no different pricing reflecting different costs and
different limits of liability was agreed to.
20. RESPONSIBILITIES OF CLEC
20.1 CLEC is solely responsible for the payment of all charges
for all services furnished under this Agreement, including
but not limited to, calls originated or accepted at CLEC's
location and its End Users' service locations; provided,
however, CLEC shall not be responsible for payment of
charges for any retail services furnished by SBC-13STATE
directly to End Users and billed by SBC-13STATE directly to
End Users.
20.1.1 Interexchange carried traffic (for example,
sent-paid, information services and alternate
operator services messages) received by
SBC-13STATE for billing to resold End User
accounts will be returned as unbillable and will
not be passed to CLEC for billing. An unbillable
code will be returned with those messages to the
carrier indicating that the messages originated
from a resold account and will not be billed by
SBC-13STATE.
20.2 SBC-13STATE shall not be responsible for the manner in which
utilization of resold services or the associated charges
are allocated to End Users or others by CLEC. All applicable
rates and charges for services provided to CLEC under this
Agreement will be billed directly to CLEC and shall be the
responsibility of CLEC; provided, however, that CLEC shall
not be responsible for payment of charges for any retail
services furnished by SBC-13STATE directly to End Users and
billed by SBC-13STATE directly to End Users.
20.2.1 Charges billed to CLEC for all services provided
under this Agreement shall be paid by CLEC
regardless of CLEC's ability or inability to
collect from its End User(s) for such services.
20.3 If CLEC does not wish to be responsible for payment of
charges for collect, third number billed, toll and
information services (for example, 900) calls, it must order
the appropriate blocking for lines provided under this
Agreement and pay any applicable charges. It is the
responsibility of CLEC to order the appropriate toll
restriction or blocking on lines resold to End Users. CLEC
acknowledges that blocking is not available for certain
types of calls, including 800, 888, 411 and Directory
Assistance Express Call Completion. Depending on the
origination point, for example, calls originating from
correctional facilities, some calls may bypass blocking
systems. CLEC acknowledges all such limitations and accepts
all responsibility for any charges associated with calls for
which blocking is not available and any charges associated
with calls that bypass blocking systems.
20.4 CLEC shall be responsible for modifying and connecting any
of its systems with SBC-13STATE-provided interfaces as
described in this Agreement and Appendix OSS to this
Agreement.
20.5 CLEC shall be responsible for providing to its End Users and
to SBC-13STATE a telephone number or numbers that CLEC's End
Users may use to contact CLEC in the event that the End User
desires a repair/service call.
20.5.1 In the event that CLEC's End Users contact
SBC-13STATE with regard to repair requests,
SBC-13STATE shall inform such End Users to call
CLEC and will provide CLEC's contact number
furnished by CLEC.
20.6 CLEC acknowledges and agrees that, in the event CLEC makes
any "CLEC Change" as that term is defined in Section 5.3,
CLEC shall comply with the provisions set forth in Section
5.3.
20.7 For the purposes of establishing, provisioning and billing
services to be furnished CLEC under this Agreement, prior to
the Effective Date, CLEC shall provide SBC-13STATE with
CLEC's authorized and nationally recognized distinct Company
Code/Operating Company Number ("OCN")/Alternate Exchange
Carrier Number ("AECN") for resale of services.
20.8 CLEC will provide forecasts to SBC-13STATE every January and
July using the SBC-13STATE network information form, or a
format mutually agreed to by the Parties. These written
forecasts will be based on CLEC's best estimates and will
include all resale products CLEC will be ordering within the
forecast period.
20.9 On no less than sixty (60) calendar days advance written
notice, CLEC may, at its option, subscribe to the Local
Disconnect Report ("LDR"). SBC-13STATE will furnish the
following information via the LDR: the Billing Telephone
Number ("BTN"), Working Telephone Number "WTN"), and
terminal number of all End Users who have disconnected
CLEC's service. Information furnished electronically will be
provided daily on a per WTN basis and priced on a per WTN
basis. CLEC shall pay SBC-13STATE for the LDR per WTN plus
any applicable transmission charges for the LDR; current WTN
prices are as set forth in Appendix Pricing in the "Other
(Resale)" category, listed as "Local Disconnect Report."
20.9.1 CLEC agrees that SBC-13STATE may change the per
WTN charge, at SBC-13STATE's sole discretion, so
long as SBC-13STATE provides CLEC no less than
thirty (30) calendar days notice prior to any
change in the per WTN charge.
20.9.2 SBC-13STATE grants to CLEC a non-exclusive right
to use the LDR information provided by
SBC-13STATE. CLEC will not permit anyone but its
duly authorized employees or agents to inspect or
use this information.
21. INDEMNITY
21.1 Except as otherwise expressly provided herein or in specific
appendices, each Party shall be responsible only for the
services, functions, facilities and products that are
provided by that Party, its authorized agents,
subcontractors, or others retained by such Parties, and
neither Party shall bear any responsibility for the
services, functions, facilities and products provided by the
other Party, its agents, subcontractors, or others retained
by such Parties.
21.2 Except as otherwise expressly provided herein or in specific
appendices, and to the extent not prohibited by Applicable
Law and not otherwise controlled by tariff, each Party (the
"INDEMNIFYING PARTY") shall release, indemnify, hold
harmless and defend the other Party (the "INDEMNIFIED
PARTY") against any Loss to a Third Party arising out of the
negligence or willful misconduct ("FAULT") of such
Indemnifying Party, its agents, its End Users, contractors,
or others retained by such Parties, in connection with the
Indemnifying Party's provision of services, functions,
facilities and products under this Agreement; provided,
however, that (i) with respect to employees or agents of the
Indemnifying Party, such Fault occurs while performing
within the scope of their employment, (ii) with respect to
subcontractors of the Indemnifying Party, such Fault occurs
in the course of performing duties of the subcontractor
under its subcontract with the Indemnifying Party, and (iii)
with respect to the Fault of employees or agents of such
subcontractor, such Fault occurs while performing within the
scope of their
employment by the subcontractor with respect to such duties
of the subcontractor under the subcontract.
21.3 In the case of any Loss alleged or claimed by an End User of
either Party, the Party whose End User alleged or claimed
such Loss (the "INDEMNIFYING PARTY") shall release,
indemnify, hold harmless and defend the other Party (the
"INDEMNIFIED PARTY") against any and all such Claims or
Losses by its End User regardless of whether the underlying
service, function, facility or product giving rise to such
Claim or Loss was provided or provisioned by the Indemnified
Party, unless the Claim or Loss was caused by the gross
negligence or willful misconduct of the Indemnified Party.
21.4 A Party (the "INDEMNIFYING PARTY") shall release, indemnify,
hold harmless and defend the other Party ("INDEMNIFIED
PARTY") against any Claim or Loss arising from the
Indemnifying Party's use or resale of services, functions,
facilities and products provided under this Agreement
involving:
21.4.1 any Claim or Loss arising from such Indemnifying
Party's use or resale of services, functions,
facilities and products provided under this
Agreement, involving any Claim for libel, slander,
invasion of privacy, or infringement of
Intellectual Property rights arising from the
Indemnifying Party's own communications or the
communications of such Indemnifying Party's End
Users.
21.4.1.1 The foregoing includes any Claims or
Losses arising from disclosure of any
End User-specific information associated
with either the originating or
terminating numbers used to provision
services, functions, facilities and
products provided hereunder and all
other Claims arising out of any act or
omission of the End User in the course
of using any services, functions,
facilities or products provided pursuant
to this Agreement.
21.4.1.2 The foregoing includes any Losses
arising from Claims for actual or
alleged infringement of any Intellectual
Property right of a Third Party to the
extent that such Loss arises from an
Indemnified Party's or an Indemnified
Party's End User's use of services,
functions, facilities or products
provided under this Agreement; provided,
however, that an Indemnifying Party's
obligation to defend and indemnify the
Indemnified Party shall not apply in the
case of:
21.4.1.2.1 any use by an Indemnified
Party or its End User of a
service, function, facility
or product in combination
with a service, function,
facility or product supplied
by the Indemnified Party or
Persons other than the
Indemnifying Party; or
21.4.1.2.2 where an Indemnified Party or
its End User modifies or
directs the Indemnifying
Party to modify such
services, functions,
facilities or products; and
21.4.1.2.3 no infringement would have
occurred without such
combined use or modification.
21.4.2 any and all penalties imposed on either Party
because of the Indemnifying Party's failure to
comply with the Communications Assistance to Law
Enforcement Act of 1994 (CALEA); provided that
the Indemnifying Party shall also, at its sole
cost and expense, pay any amounts necessary to
modify or replace any service, product or
equipment provided to the Indemnified Party under
this Agreement to ensure that such services,
products and equipment fully comply with CALEA.
21.5 In addition to any other indemnity obligations contained in
this Agreement, CLEC shall release, indemnify, protect, save
harmless and defend SBC-13STATE from and against any and all
Losses, costs, liability, damages and expense (including
reasonable attorney's fees) arising out of any demand,
Claim, suit or judgment by any Third Party, including a PSP,
in any way relating to or arising from any of the following:
21.5.1 CLEC's failure to comply with all the terms and
conditions of this Agreement; or
21.5.2 Use by a PSP customer of CLEC of any service other
than a Payphone Line to provide pay telephone
service; or
21.5.3 False representation by CLEC.
21.6 In addition to any other indemnity obligations contained in
this Agreement, CLEC shall release, indemnify, protect, hold
harmless and defend SBC-13STATE from and against any and all
Losses, liability, damages and expense arising out of any
demand, Claim, suit or judgment by a Third Party in any way
related to any error or omission in CLEC's End User listing
information, including any error or omission related to
non-published or non-listed End User listing information.
Notwithstanding anything contained in this Agreement to the
contrary, if such demand, claim or suit specifically alleges
that an error or omission appears in CLEC's End User listing
information in the White Pages directory, SBC-
13STATE may, at its option, assume and undertake its own
defense, or assist in the defense of CLEC, in which event
CLEC shall reimburse SBC-13STATE for reasonable attorney's
fees and other expenses incurred by SBC-13STATE in handling
and defending such demand, claim and/or suit.
21.7 In addition to any other indemnity obligations contained in
this Agreement, CLEC shall release, indemnify, protect, hold
harmless and defend SBC-13STATE from any Loss arising out of
SBC-13STATE's provision of access to 911 service or CLEC's
End Users' use of 911 service, whether suffered, made,
instituted or asserted by CLEC, its End User, or by any
other Person, for any personal injury or death of any
Person(s) or for any loss, damage or destruction of any
property, whether owned by CLEC, its End User or any other
Person, unless the act or omission proximately causing the
Loss constitutes gross negligence, recklessness or
intentional misconduct of SBC-13STATE.
21.8 In addition to any other indemnity obligations contained in
this Agreement, CLEC shall release, indemnify, protect, hold
harmless and defend SBC-13STATE from any Loss involving an
allegation of the infringement or invasion of the right of
privacy or confidentiality of any Person caused or claimed
to have been caused, directly or indirectly, by the
installation, operation, failure to operate, maintenance,
removal, presence, condition, occasion or use of the 911
service features and the equipment associated therewith,
including the identification of the telephone number,
address or name associated with the telephone used by the
Person accessing 911 service, unless the act or omission
proximately causing the Loss constitutes gross negligence,
recklessness or intentional misconduct of SBC13-STATE.
(Intellectual)
21.9 CLEC acknowledges that its rights under this Agreement to
may be subject to or limited by Intellectual Property rights
and contract rights of Third Parties.
21.9.1 Subject to SBC-13STATE's obligations under any
Commission decisions, it is the sole obligation of
CLEC to obtain any consents, authorizations, or
licenses to or for any Third Party Intellectual
Property rights that may be necessary for CLEC's
use of functions, facilities, products and
services furnished under this Agreement.
21.9.2 SBC-13STATE hereby conveys no licenses to use such
Intellectual Property rights and makes no
warranties, express or implied, concerning CLEC's
(or any Third Parties') rights with respect to
such Intellectual Property rights and contract
rights, including whether such rights will be
violated by CLEC's use of functions, facilities,
products or services furnished under this
Agreement.
21.9.3 Subject to SBC-13STATE's obligations under any
Commission decisions and except as expressly
stated in this Agreement, SBC-13STATE does not and
shall not indemnify, defend or hold CLEC harmless,
nor be responsible for indemnifying or defending,
or holding CLEC harmless, for any Claims or Losses
for actual or alleged infringement of any
Intellectual Property right or interference with
or violation of any contract right that arises out
of, is caused by, or relates to CLEC's use of
functions, facilities, products or services
furnished under this Agreement.
21.10 Subject to SBC-13STATE's obligations under any Commission
decision and except as expressly stated in this Agreement,
CLEC shall release, indemnify, hold harmless and defend
SBC-13STATE from and against all Losses arising out of,
caused by, or relating to any real or potential claim that
CLEC's use of services, functions, facilities or products
furnished under this Agreement violates or infringes upon
any Third Party Intellectual Property rights or constitutes
a breach of contract. In no event shall SBC-13STATE be
liable for any actual or Consequential Damages that CLEC may
suffer arising out of same.
21.11 CLEC shall reimburse SBC-13STATE for damages to
SBC-13STATE's services, functions, facilities or products
furnished hereunder caused by the negligence or willful act
of CLEC, its agents or subcontractors or CLEC's End User or
resulting from CLEC's improper use of services, functions,
facilities or products furnished under this Agreement or due
to malfunction of any services, functions, facilities,
products or equipment provided by any Person other than
SBC-13STATE. Upon reimbursement for damages, SBC-13STATE
will cooperate with CLEC in prosecuting a claim against the
Person causing such damage. CLEC shall be subrogated to the
right of recovery by SBC-13STATE for the damages to the
extent of such payment.
21.12 INDEMNIFICATION PROCEDURES
21.12.1 Whenever a claim shall arise for indemnification
under this Section 21, the relevant Indemnified
Party, as appropriate, shall promptly notify the
Indemnifying Party and request in writing 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.
21.12.2 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 Indemnified Party of
acceptance of the defense of such claim and the
identity of counsel selected by the Indemnifying
Party.
21.12.3 Until such time as Indemnifying Party provides
written notice of acceptance of the defense of
such claim, the Indemnified Party shall defend
such claim, at the expense of the Indemnifying
Party, subject to any right of the Indemnifying
Party to seek reimbursement for the costs of such
defense in the event that it is determined that
Indemnifying Party had no obligation to indemnify
the Indemnified Party for such claim.
21.12.4 Upon accepting the defense, the Indemnifying Party
shall have exclusive right to control and conduct
the defense and settlement of any such claim,
subject to consultation with the Indemnified
Party. So long as the Indemnifying Party is
controlling and conducting the defense, the
Indemnifying Party shall not be liable for any
settlement by the Indemnified Party unless such
Indemnifying Party has approved such settlement in
advance and agrees to be bound by the agreement
incorporating such settlement.
21.12.5 At any time, an Indemnified Party shall have the
right to refuse a compromise or settlement, and,
at such refusing Party's 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
refusing Party against, any cost or liability in
excess of such refused compromise or settlement.
21.12.6 With respect to any defense accepted by the
Indemnifying Party, the Indemnified Party will be
entitled to participate with the Indemnifying
Party in such defense if the claim requests
equitable relief or other relief that could affect
the rights of the Indemnified Party, and shall
also be entitled to employ separate counsel for
such defense at such Indemnified Party's expense.
21.12.7 If the Indemnifying Party does not accept the
defense of any indemnified claim as provided
above, the Indemnified Party shall have the right
to employ counsel for such defense at the expense
of the Indemnifying Party.
21.12.8 In the event of a failure to assume the defense,
the Indemnified Party may negotiate a settlement,
which shall be presented to the Indemnifying
Party. If the Indemnifying Party refuses to agree
to the presented settlement, the Indemnifying
Party may take over the defense. If the
Indemnifying Party refuses to agree to the
presented settlement and refuses to take over the
defense, the Indemnifying Party shall be liable
for any reasonable cash settlement not involving
any admission of liability by the Indemnifying
Party, though such settlement may have been made
by the Indemnified Party without approval of the
Indemnifying Party, it being the Parties' intent
that no settlement involving a non-monetary
concession by the Indemnifying Party, including an
admission of liability by such Party, shall take
effect without the written approval of the
Indemnifying Party.
21.12.9 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, subject to the restrictions and
limitations set forth in Section 27.
22. REMEDIES
22.1 Except as otherwise provided in this Agreement, no remedy
set forth herein is intended to be exclusive and each and
every remedy shall be cumulative and in addition to any
other rights or remedies now or hereafter existing under
Applicable Law or otherwise.
23. INTELLECTUAL PROPERTY
23.1 INTELLECTUAL PROPERTY - SBC-8STATE
23.1.1 SBC-8STATE will provide to CLEC a list of all
vendors/licensors applicable to unbundled Network
Element(s) (which vendors have provided SBC-8STATE
a software license) within seven (7) days of
CLEC's request for such a list. Except as may be
required by Commission decisions, SBC-8STATE makes
no warranties, express or implied, concerning
CLEC's (or any Third Parties) rights with respect
to the use of Intellectual Property rights.
SBC-8STATE reserves the right to amend the
Intellectual Property provision of this Agreement
to reflect the FCC ruling (and any appeal
therefrom) in CC Docket No. 96-98 (File No. CCBPol
97-4), IN THE MATTER OF PETITION OF MCI FOR
DECLARATORY RULING.
23.1.2 Any Intellectual Property that originates from or
is developed by a Party shall remain in the
exclusive ownership of that Party.
23.1.3 SBC-8STATE will indemnify CLEC for any claims of
infringement arising from CLEC's use of
Intellectual Property within the scope of any
"right to use" agreement negotiated by SBC-8STATE
for CLEC pursuant to Section 23.1.1. CLEC will
indemnify SBC-8STATE for any claims of
infringement arising from CLEC's use of
Intellectual Property beyond the scope of any
"right to use" agreement negotiated by SBC-8STATE
for CLEC pursuant to Section 23.1.1.
23.2 Intellectual property-PACIFIC only:
23.2.1 To the extent required by the decision of the
CPUC, PACIFIC WILL provided CLEC with Intellectual
Property rights related to PACIFIC's unbundled
Network Elements. CLEC, as the provider of service
using the unbundled Network Elements, will provide
all features, functions, and capabilities of the
individual element to the Customers.
24. NOTICES
24.1 Subject to Section 24.2, notices given by one Party to the
other Party under this Agreement shall be in writing (unless
specifically provided otherwise herein), and unless
otherwise expressly required by this Agreement to be
delivered to another representative or point of contact,
shall be
24.1.1 delivered personally;
24.1.2 delivered by express overnight delivery service;
24.1.3 mailed, via certified mail or first class U.S.
Postal Service, with postage prepaid, and a return
receipt requested; or
24.1.4 delivered by facsimile; provided that a paper copy
is also sent by a method described in (a), (b) or
(c) of this Section 24.
24.1.5 Notices will be deemed given as of the earliest
of:
24.1.5.1 the date of actual receipt,
24.1.5.2 the next Business Day when sent via
express overnight delivery service,
24.1.5.3 five (5) days after mailing in the case
of first class or certified U.S. Postal
Service, or
24.1.5.4 on the date set forth on the
confirmation produced by the sending
facsimile machine when delivered by
facsimile prior to 5:00 p.m. in the
recipient's time zone, but the next
Business Day when delivered by facsimile
at 5:00 p.m. or later in the recipient's
time zone.
24.1.6 Notices will be addressed to the Parties as
follows:
--------------------------------------------------------------------------------
NOTICE CONTACT CLEC CONTACT SBC-13STATE
CONTACT
--------------------------------------------------------------------------------
NAME/TITLE Xxxx Xxxxx Contract Administration
Vice President of ATTN: Notices Manager
Business
Development,
Telecom
--------------------------------------------------------------------------------
XXXXXX XXXXXXX 0 Xxxxxxxxxx Xxxxx 311 X. Xxxxx, 0xx Xxxxx
Xxxxx, 0xx Xxxxx Xxxx Xxxx Xxxxx
--------------------------------------------------------------------------------
CITY, STATE, ZIP CODE Burlington, MA Dallas, TX 75202-5398
01803
--------------------------------------------------------------------------------
TELEPHONE NUMBER 000-000-0000, 000-000-0000
ext. 136
--------------------------------------------------------------------------------
FACSIMILE NUMBER 000-000-0000 000-000-0000
--------------------------------------------------------------------------------
24.1.7 Either Party may unilaterally change its
designated contact, address, telephone number
and/or facsimile number for the receipt of notices
by giving written notice to the other Party in
compliance with this Section. Any notice to change
the designated contact, address, telephone and/or
facsimile number for the receipt of notices shall
be deemed effective ten (10) days following
receipt by the other Party.
24.2 SBC-8STATE communicates official information to CLECs via
its Accessible Letter notification process. This process
covers a variety of subjects, including updates on
products/services promotions; deployment of new
products/services; modifications and price changes to
existing products/services; cancellation or retirement of
existing products/services; and operational issues.
24.2.1 In SBC-8STATES, CLEC may elect in writing to
receive Accessible Letter notification via
electronic mail ("E-MAIL") distribution, either in
lieu of or in addition to United States Postal
Service (postage prepaid) distribution. CLEC
acknowledges that United States Postal Service
(postage prepaid) delivery will delay receipt of
the information for a minimum of three (3) to five
(5) days from the date the information is made
available via e-mail. Accessible Letter
notification via e-mail will be deemed given as of
the earlier of the date of actual receipt and the
date set forth on the e-mail receipt.
24.2.2 In SBC-8STATE, CLEC may designate an unlimited
number of recipients for Accessible Letter
notification via e-mail, but CLEC is limited to
designating a maximum of four (4) recipients (in
addition to the CLEC
contact designated in Section 24.1) for Accessible
Letter notification via United States Postal
Service (postage prepaid).
24.2.3 In SBC-8STATE, CLEC shall submit a completed
Notices / Accessible Letter Recipient Change
Request Form (available on the applicable
SBC-8STATE's CLEC Handbook website) to the
individual specified on that form to designate in
writing each individual (other than the CLEC
contact designated in Section 24.1) to whom CLEC
requests Accessible Letter notification be sent,
whether via e-mail or United States Postal
Service. CLEC shall submit a completed Notices /
Accessible Letter Recipient Change Request Form to
add, remove or change recipient information for
any CLEC recipient of Accessible Letters (other
than the CLEC contact designated in Section 24.1).
Any completed Notices / Accessible Letter
Recipient Change Request Form shall be deemed
effective ten (10) days following receipt by
SBC-8STATE.
24.3 SBC-SWBT ONLY:
24.3.1 SBC-SWBT shall provide a toll free facsimile
number to CLEC for the submission of requests for
services under this Agreement; CLEC shall provide
SBC-SWBT with a toll free facsimile number for
notices from SBC-SWBT relating to requests for
services under this Agreement.
24.4 SBC-AMERITECH ONLY:
24.4.1 SBC-AMERITECH communicates official information to
CLECs via its TCNet notification process. This
process covers a variety of subjects, including
updates on products/services promotions;
deployment of new products/services; modifications
and price changes to existing products/services;
cancellation or retirement of existing
products/services; and operational issues.
25. PUBLICITY AND USE OF TRADEMARKS OR SERVICE MARKS
25.1 Neither Party nor its subcontractors or agents shall use in
any advertising or sales promotion, press releases, or other
publicity matters any endorsements, direct or indirect
quotes, or pictures that imply endorsement by the other
Party or any of its employees without such first Party's
prior written approval. The Parties will submit to each
other for written approval, prior to publication, all
publicity matters that mention or display one another's name
and/or marks or contain language from which a connection to
said name and/or marks may be inferred or implied; the Party
to whom a request is directed shall respond promptly.
Nothing herein, however, shall be construed as preventing
either Party from publicly stating the fact that it has
executed this Agreement with the other
Party.
25.2 Nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service
marks, logos, proprietary trade dress or trade names of the
other Party in any advertising, press releases, publicity
matters, marketing and/or promotional materials or for any
other commercial purpose without prior written approval from
such other Party.
26. NO LICENSE
26.1 Except at otherwise expressly provided in this Agreement, no
license under patents, copyrights or any other Intellectual
Property right (other than the limited license to use
consistent with the terms, conditions and restrictions of
this Agreement) is granted by either Party or shall be
implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
27. CONFIDENTLALITY
27.1 All information, including specifications, microfilm,
photocopies, magnetic disks, magnetic tapes, audit
information, models, system interfaces, forecasts, computer
programs, software, documentation, drawings, sketches,
models, samples, tools, technical information, data,
employee records, maps, financial reports, and market data
shall be deemed "Confidential" or "proprietary"
(COLLECTIVELY "PROPRIETARY INFORMATION") if:
27.1.1 Furnished or made available or otherwise disclosed
by one Party (the "DISCLOSING PARTY") or its
agent, employee, representative or Affiliate to
the other Party (the "RECEIVING PARTY") or its
agent, employee, representative or Affiliate
dealing with End User-specific, facility-specific,
or usage-specific information, other than End User
information communicated for the purpose of
publication or directory database inclusion, 911,
call processing, billing or for such other
purposes as mutually agreed upon;
27.1.2 In written, graphic, electromagnetic, or other
tangible form and marked at the time of delivery
as "Confidential" or "Proprietary;" or
27.1.3 Communicated orally and declared to the Receiving
Party at the time of delivery to be "Confidential"
or "Proprietary", and which shall be summarized in
writing and marked "Confidential" or "Proprietary"
and delivered to the Receiving Party within ten
(10) days following such disclosure; and
27.1.4 Any portion of any notes, analyses, data,
compilations, studies, interpretations or other
documents prepared by any Receiving Party to the
extent the same contain, reflect, are derived
from, or are based upon, any
of the information described in this Section 27,
unless such information contained or reflected in
such notes, analyses, etc. is so commingled with
the Receiving Party's information that disclosure
could not possibly disclose the underlying
proprietary or confidential information (such
portions of such notes, analyses, etc. referred to
herein as "DERIVATIVE INFORMATION").
27.2 Proprietary Information Shall be Held in Confidence
27.2.1 Each Receiving Party agrees that:
27.2.1.1 all Proprietary Information communicated
to it or any of its agents, employees,
representatives and Affiliates in
connection with this Agreement shall be
held in confidence to the same extent as
such Receiving Party holds its own
confidential information of like
importance; provided that such Receiving
Party and its agents, employees,
representatives and Affiliates shall not
use less than a reasonable standard of
care in maintaining the confidentiality
of such information;
27.2.1.2 it will not, and it will not permit any
of its agents, employees,
representatives and Affiliates to
disclose such Proprietary Information to
any Third Party;
27.2.1.3 it will disclose Proprietary Information
only to those of its agents, employees,
representatives and Affiliates who have
a need for it in connection with the use
or provision of any services furnished
under this Agreement; and
27.2.1.4 it will, and will cause each of its
agents, employees, representatives and
Affiliates, to use such Proprietary
Information only to perform its
obligations under this Agreement or to
use services provided by the Disclosing
Party hereunder and for no other
purpose, including its own marketing
purposes.
27.2.2 A Receiving Party may disclose Proprietary
Information of a Disclosing Party to the Receiving
Party's agents, employees, representatives and
Affiliates who need to know such information to
perform their obligations under this Agreement;
provided that before disclosing any Proprietary
Information to any agent, employee, representative
or Affiliate, the Receiving Party shall notify
such agent, employee, representative or Affiliate
of such Party's obligation to comply with this
Agreement. Any Receiving Party so disclosing
Proprietary Information shall be jointly and
severally liable for any breach of this Agreement
by any of its agents, employees, representatives
and Affiliates and such Receiving Party agrees, at
its sole expense, to use its reasonable efforts
(including court proceedings) to restrain its
agents, employees, representatives and Affiliates
from any prohibited or unauthorized disclosure or
use of the Proprietary Information. Each Receiving
Party making such disclosure shall notify the
Disclosing Party as soon as possible if it has
knowledge of a breach of this Agreement in any
material respect. A Disclosing Party shall not
disclose Proprietary Information directly to an
agent, employee, representative or Affiliate of
the Receiving Party without the prior written
authorization of the Receiving Party.
27.2.3 Proprietary Information shall not be reproduced by
any Receiving Party in any form except to the
extent (i) necessary to comply with the provisions
of Section 27.4.2 and Section 27.5 and (ii)
reasonably necessary to perform its obligations
under this Agreement. All such reproductions shall
bear the same copyright and proprietary rights
notices as are contained in or on the original.
27.3 Unless otherwise agreed, the obligations of confidentiality
and non-use set forth in this Agreement do not apply to such
Proprietary Information that:
27.3.1 Was at the time of receipt, already known to the
Receiving Party, free of any obligation to keep
confidential and evidenced by written records
prepared prior to delivery by the Disclosing
Party; or
27.3.2 Is, or becomes publicly known through no wrongful
act of the Receiving Party; or
27.3.3 Is rightfully received from a Third Party having
no direct or indirect secrecy or confidentiality
obligation to the Disclosing Party with respect to
such information; provided that such Receiving
Party has exercised commercially reasonable
efforts to determine whether such Third Party has
any such obligation; or
27.3.4 Is independently developed by an agent, employee
representative or Affiliate of the Receiving Party
and such Party is not involved in any manner with
the provision of services pursuant to this
Agreement and does not have any direct or indirect
access to the Proprietary Information; or
27.3.5 Is disclosed to a Third Party by the Disclosing
Party without similar restrictions on such Third
Party's rights; or
27.3.6 Is approved for release by written authorization
of the Disclosing Party, but only to the extent of
the authorization granted; or
27.3.7 Is required to be made public by the Receiving
Party pursuant to Applicable Law or regulation,
provided that such production or disclosure shall
have been made in accordance with Section 27.4.2
or Section 27.5.
27.4 Proposed Disclosure of Proprietary Information to a
Governmental Authority
27.4.1 If a Receiving Party desires to disclose or
provide to a Commission, the FCC or any other
Governmental Authority any Proprietary Information
of the Disclosing Party, such Receiving Party
shall, prior to and as a condition of such
disclosure, (i) provide the Disclosing Party with
written notice and the form of such proposed
disclosure as soon as possible but in any event
early enough to allow the Disclosing Party to
protect its interests in the Proprietary
Information to be disclosed and (ii) attempt to
obtain in accordance with the applicable
procedures of the intended recipient of such
Proprietary Information an appropriate order for
protective relief or other reliable assurance that
confidential treatment shall be accorded to such
Proprietary Information.
27.4.2 If a Receiving Party is required by any
Governmental Authority or by Applicable Law to
disclose any Proprietary Information, then such
Receiving Party shall provide the Disclosing Party
with written notice of such requirement as soon as
possible, and in no event later than five (5)
calendar days after receipt of such requirement,
and prior to such disclosure. Upon receipt of
written notice of the requirement to disclose
Proprietary Information, the Disclosing Party at
its expense, may then either seek appropriate
protective relief in advance of such requirement
to prevent all or part of such disclosure or waive
the Receiving Party's compliance with this Section
27.4.2 with respect to all or part of such
requirement.
27.4.3 The Receiving Party shall use all commercially
reasonable efforts to cooperate with the
Disclosing Party in attempting to obtain any
protective relief which such Disclosing Party
chooses to seek pursuant to this Section 27.4. In
the absence of such relief, if the Receiving Party
is legally compelled to disclose any Proprietary
Information, then the Receiving Party shall
exercise all commercially reasonable efforts to
preserve the confidentiality of the Proprietary
information, including cooperating with the
Disclosing Party to obtain an appropriate order
for protective relief or other reliable assurance
that confidential treatment will be accorded the
Proprietary Information.
27.5 Notwithstanding any of the foregoing, SBC-13STATE shall be
entitled to disclose Proprietary Information on a
confidential basis to regulatory agencies upon request for
information as to SBC-13STATE's activities under the Act and
SBC-13STATE need not provide prior written notice of such
disclosure to CLEC if SBC-13STATE has obtained an
appropriate order for protective relief or other reliable
assurance that confidential treatment shall be accorded to
such Proprietary Information.
27.6 Return of Proprietary Information
27.6.1 All Proprietary Information, other than Derivative
Information, shall remain the property of the
Disclosing Party, and all documents or other
tangible media delivered to the Receiving Party
that embody such Proprietary Information shall be,
at the option of the Disclosing Party, either
promptly returned to Disclosing Party or
destroyed, except as otherwise may be required
from time to time by Applicable Law (in which case
the use and disclosure of such Proprietary
Information will continue to be subject to this
Agreement), upon the earlier of (i) the date on
which the Receiving Party's need for it has
expired and (ii) the expiration or termination of
this Agreement.
27.6.2 At the request of the Disclosing Party, any
Derivative Information shall be, at the option of
the Receiving Party, either promptly returned to
the Disclosing Party or destroyed, except as
otherwise may be required from time to time by
Applicable Law (in which case the use and
disclosure of such Derivative Information will
continue to be subject to this Agreement), upon
the earlier of (i) the date on which the Receiving
Party's need for it has expired and (ii) the
expiration or termination of this Agreement.
27.6.3 The Receiving Party may at any time either return
the Proprietary Information to the Disclosing
Party or destroy such Proprietary Information. If
the Receiving Party elects to destroy Proprietary
Information, all copies of such information shall
be destroyed and upon the written request of the
Disclosing Party, the Receiving Party shall
provide to the Disclosing Party written
certification of such destruction. The destruction
or return of Proprietary information shall not
relieve any Receiving Party of its obligation to
continue to treat such Proprietary Information in
the manner required by this Agreement.
27.7 Notwithstanding any other provision of this Agreement, the
Proprietary Information provisions of this Agreement shall
apply to all information furnished by either Party to the
other in furtherance of the purpose of this Agreement, even
if furnished before the date of this Agreement and each
Party's obligation to
safeguard Proprietary Information disclosed prior to
expiration or termination of this Agreement will survive
such expiration or termination.
27.8 Pursuant to Section 222(b) of the Act, both Parties agree to
limit their use of Proprietary Information received from the
other to the permitted purposes identified in the Act.
27.9 Each Party has the right to refuse to accept any Proprietary
Information under this Agreement, and nothing herein shall
obligate either Party to disclose to the other Party any
particular information.
27.10 The Parties agree that an impending or existing violation of
any provision of this Section 27 would cause the Disclosing
Party irreparable injury for which it would have no adequate
remedy at law, and agree that Disclosing Party shall be
entitled to obtain immediate injunctive relief prohibiting
such violation, in addition to any other rights and remedies
available to it at law or in equity, including both specific
performance and monetary damages. In the event of any breach
of this Section 27 for which legal or equitable relief is
sought, all reasonable attorney's fees and other reasonable
costs associated therewith shall be recoverable by the
prevailing Party.
28. INTERVENING LAW
28.1 This Agreement is entered into as a result of both private
negotiation between the Parties and the incorporation of
some of the results of arbitration by the STATE COMMISSION.
If the actions of the State(s) of Illinois, Indiana,
Michigan, Ohio or Wisconsin or federal legislative bodies,
courts, or regulatory agencies of competent jurisdiction
invalidate, modify, or stay the enforcement of laws or
regulations that were the basis or rationale for a provision
of the contract, the affected provision shall be
invalidated, modified, or stayed, consistent with the action
of the legislative body, court, or regulatory agency upon
the written request of either party. In such event, the
Parties shall expend diligent efforts to arrive at an
agreement respecting the appropriate modifications to the
Agreement. If negotiations fail, disputes between the
Parties concerning the interpretation of the actions
required or provisions affected by such governmental actions
shall be resolved pursuant to the dispute resolution process
provided for in this Agreement. Without limiting the general
applicability of the foregoing, the Parties acknowledge that
on January 25, 1999, the United States Supreme Court issued
its opinion in AT&T CORP. V. IOWA UTILITIES BD., 000 X. Xx.
000 (1999) and on June 1, 1999, the United States Supreme
Court issued its opinion in AMERITECH V. FCC, No. 98-1381,
1999 WL 116994, 1999 Lexis 3671 (1999). The Parties further
acknowledge and agree that by executing this Agreement,
neither Party waives any of its
rights, remedies, or arguments with respect to such
decisions and any remand thereof, including its rights under
this paragraph.
29. GOVERNING LAW
29.1 Unless otherwise provided by Applicable Law, this Agreement
shall be governed by and construed in accordance with the
Act, the FCC Rules and Regulations interpreting the Act and
other applicable federal law. To the extent that federal law
would apply state law in interpreting this Agreement, the
domestic laws of the state in which the services, functions,
facilities and products at issue are furnished or sought
shall apply, without regard to that state's conflict of law
principles. The Parties submit to personal jurisdiction in
Little Rock, Arkansas; San Francisco, California; New Haven,
Connecticut; Chicago, Illinois; Indianapolis, Indiana;
Topeka, Kansas; Detroit, Michigan; St. Louis, Missouri;
Reno, Nevada; Columbus, Ohio; Oklahoma City, Oklahoma;
Dallas, Texas and Milwaukee, Wisconsin, and waive any and
all objection to any such venue.
30. REGULATORY APPROVAL
30.1 The Parties understand and agree that this Agreement and any
amendment or modification hereto will be filed with the
Commission for approval in accordance with Section 252 of
the Act and may thereafter be filed with the FCC. The
Parties believe in good faith and agree that the services to
be provided under this Agreement are in the public interest.
Each Party covenants and agrees to fully support approval of
this Agreement by the Commission or the FCC under Section
252 of the Act without modification.
30.2 Unless otherwise agreed, if the Party responsible for filing
this Agreement with the Commission fails to file the jointly
signed Agreement with the Commission within forty-five (45)
days following execution by both Parties, then the executed
Agreement is rendered null and void. If the Agreement is
rendered null and void, either Party may initiate
negotiations for a new agreement.
31. CHANGES IN END USER LOCAL EXCHANGE SERVICE PROVIDER SELECTION
31.1 Prior to submitting an order under this Agreement, CLEC
shall obtain End User authorization as required by
applicable federal and state laws and regulations, and
assumes responsibility for applicable charges as specified
in Section 258(b) of the Act. SBC-13STATE shall abide by the
same applicable laws and regulations.
31.2 Only an End User can initiate a challenge to a change in its
local service provider. If an End User notifies SBC-13STATE
or CLEC that the End User requests local exchange service,
the Party receiving such request shall be free to provide
service
to such End User, except in those instances where the End
User's account is local PIC protected. It is the
responsibility of the End User to provide authorization in
an FCC approved format to the current provider of record to
remove local service provider protection before any changes
in local service provider are processed.
31.2.1 SBC-13STATE shall be free to connect an End User
to any competitive local exchange carrier based
upon that competitive local exchange carrier's
request and that competitive local exchange
carrier's assurance that proper End User
authorization has been obtained. CLEC shall make
any such authorization it has obtained available
to SBC-13STATE upon request and at no charge.
31.3 When an End User changes or withdraws authorization, each
Party shall release customer-specific facilities in
accordance with the End User's direction or the direction of
the End User's authorized agent. Further, when an End User
abandons its premise, SBC-13STATE is free to reclaim the
facilities for use by another customer and is free to issue
service orders required to reclaim such facilities.
31.4 Neither Party shall be obligated by this Agreement to
investigate any allegations of unauthorized changes in local
exchange service (slamming) on behalf of the other Party or
a Third Party. IF SBC-13STATE, on behalf of CLEC, agrees to
investigate an alleged incidence of slamming, SBC-13STATE
shall charge CLEC an investigation fee as set forth in
Appendix Pricing in the "Other (Resale)" category, listed as
"Slamming Investigation Fee."
31.5 Should SBC-13STATE receive an order from CLEC for services
under this Agreement, and SBC-13STATE is currently providing
the same services to another local service provider for the
same End User, CLEC agrees that SBC-13STATE may notify the
local service provider from whom the End User is being
converted of CLEC's order coincident with or following
processing CLEC's order. It shall then be the responsibility
of the former local service provider of record and CLEC to
resolve any issues related to the End User. This Section
31.5 shall not apply to new or additional lines and services
purchased by the End User from multiple CLECs or from
SBC-13STATE.
31.5.1 IF SBC-13STATE receives an order from another
local service provider to convert services for an
End User for whom CLEC is the current local
service provider of record, and if CLEC already
subscribes to the Local Disconnect Report ("LDR),
described in Section 20.9, then SBC-13STATE SHALL
notify CLEC of such order coincident with or
following processing such order. It shall be the
responsibility of CLEC and the other local service
provider to resolve any issues related to the End
User. This Section 31.5.1 shall not apply to new
or additional lines and services purchased by an
End User from multiple CLECs or from SBC-13STATE.
31.6 In addition to any other indemnity obligations in this
Agreement or any Appendix attached to this Agreement, CLEC
shall release, indemnify, hold harmless and defend
SBC-13STATE against any and all liability and Claims,
including reasonable attorney's fees, which may result from
SBC-13STATE acting under this Section 3 1.
31.7 Notwithstanding anything contained in this Section 31,
nothing herein shall be interpreted or construed to apply to
the transfer of provisioning of CLEC End Users' accounts
pursuant to Section 10.6.
31.8 When a End User changes its service provider from
SBC-13STATE to CLEC or from CLEC to SBC-13STATE and does not
retain its original telephone number, the Party formerly
providing service to such End User shall furnish a referral
announcement ("REFERRAL ANNOUNCEMENT") on the original
telephone number that specifies the End User's new telephone
number.
31.8.1 The following pertains to AM-IL, AM-WI and PACIFIC
only:
31.8.1.1 Referral Announcements shall be provided
by a Party to the other Party for the
period of time and at the rates set
forth in the referring Party's
tariff(s); provided, however, if either
Party provides Referral Announcements
for a period different (either shorter
or longer) than the period(s) stated in
its tariff(s) when its End Users change
their telephone numbers, such Party
shall provide the same level of service
to End Users of the other Party.
31.8.2 The following applies to AM-IN only:
31.8.2.1 Referral Announcements shall be provided
by a Party to the other Party for the
period specified in 170 IAC 7-1.1-11
(I)(3)(a) and (b) and at the rates set
forth in the referring Party's
tariff(s). However, if either Party
provides Referral Announcements for a
period different than the above
period(s) when its End Users change
their telephone numbers, such Party
shall provide the same level of service
to End Users of the other Party.
31.8.3 The following applies to AM-MI only:
31.8.3.1 Referral Announcements shall be provided
by a Party to the other Party for the
period specified in Michigan
Administrative Rule 484.134 and at the
rates set forth in the referring Party's
tariff(s). However, if either Party
provides Referral
Announcements for a period longer than
the above period(s) when its End Users
change their telephone numbers, such
Party shall provide the same level of
service to End Users of the other Party.
31.8.4 The following applies to AM-OH only:
31.8.4.1 Referral Announcements shall be provided
by a Party to the other Party for the
period of time specified in Rule
4901:1-5-12, Ohio Administrative Code
and at the rates set forth in the
referring Party's tariff(s). However,
if either Party provides Referral
Announcements for a period longer
than the above period(s) when its End
Users change their telephone numbers,
such Party shall provide the same
level of service to End Users of the
other Party.
32. COMPLIANCE AND CERTIFICATION
32.1 Each Party shall comply at its own expense with all
Applicable Laws that relate to that Party's obligations to
the other Party under this Agreement. Nothing in this
Agreement shall be construed as requiring or permitting
either Party to contravene any mandatory requirement of
Applicable Law.
32.2 CLEC warrants that it has obtained all necessary state
certification required in each state covered by this
Agreement prior to ordering any services, functions,
facilities or products from SBC-13STATE pursuant to this
Agreement. Upon request, CLEC shall provide proof of
certification.
32.3 Each Party shall be responsible for obtaining and keeping in
effect all approvals from, and rights granted by,
Governmental Authorities, building and property owners,
other carriers, and any other Third Parties that may be
required in connection with the performance of its
obligations under this Agreement.
32.4 Each Party represents and warrants that any equipment,
facilities or services provided to the other Party under
this Agreement comply with the CALEA.
33. LAW ENFORCEMENT
33.1 SBC-12 STATE and CLEC shall reasonably cooperate with the
other Party in handling law enforcement requests as follows:
33.1.1 INTERCEPT DEVICES:
33.1.1.1 Local and federal law enforcement
agencies periodically request
information or assistance from local
telephone service providers. When either
Party receives a request associated with
an End User of the other Party, it shall
refer such request to the Party that
serves such End User, unless the
request directs the receiving Party to
attach a pen register, trap-and-trace or
form of intercept on the Party's
facilities, in which case that Party
shall comply with any valid request.
33.1.2 SUBPOENAS:
33.1.2.1 If a Party receives a subpoena for
information concerning an End User the
Party knows to be an End User of the
other Party, it shall refer the subpoena
to the Requesting Party with an
indication that the other Party is the
responsible company, unless the subpoena
requests records for a period of time
during which the receiving Party was the
End User's service provider, in which
case that Party will respond to any
valid request.
33.1.3 EMERGENCIES:
33.1.3.1 If a Party receives a request from a law
enforcement agency for a temporary
number change, temporary disconnect, or
one-way denial of outbound calls by the
receiving Party's switch for an End User
of the other Party, that Receiving Party
will comply with a valid emergency
request. However, neither Party shall be
held liable for any claims or Losses
arising from compliance with such
requests on behalf of the other Party's
End User and the Party serving such End
User agrees to indemnify and hold the
other Party harmless against any and all
such claims or Losses.
33.2 SNET and CLEC shall reasonably cooperate with the other
Party in handling law enforcement requests as follows:
33.2.1 Each of the Parties agree to comply with the
applicable state and federal law enforcement
authorities, laws, and requirements, including the
CALEA, and to report to applicable State and
Federal law enforcement authorities as required by
law, the Telecommunications Services and related
information provided by each of the Parties in
Connecticut.
34. RELATIONSHIP OF THE PARTIES/INDEPENDENT CONTRACTOR
34.1 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 its
employees assisting in the performance of such obligations.
Each Party and each Party's contractor(s) shall be solely
responsible for all matters relating to payment of such
employees, including the withholding or payment of all
applicable federal, state and local income taxes, social
security taxes and other payroll taxes with respect to its
employees, as well as any taxes, contributions or other
obligations imposed by applicable state unemployment or
workers' compensation acts and all other regulations
governing such matters. Each Party has sole authority and
responsibility to hire, fire and otherwise control its
employees.
34.2 Nothing contained herein shall constitute the Parties as
joint venturers, partners, employees or agents of one
another, and neither Party shall have the right or power to
bind or obligate the other. Nothing herein will be construed
as making either Party responsible or liable for the
obligations and undertakings of the other Party. Except for
provisions herein expressly authorizing a Party to act for
another, nothing in this Agreement shall constitute a Party
as a legal representative or agent of the other Party, nor
shall a Party have the right or authority to assume, create
or incur any liability or any obligation of any kind,
express or implied, against or in the name or on behalf of
the other Party unless otherwise expressly permitted by such
other Party. Except as otherwise expressly provided in this
Agreement, no Party undertakes to perform any obligation of
the other Party, whether regulatory or contractual, or to
assume any responsibility for the management of the other
Party's business.
35. NO THIRD PARTY BENEFICIARIES; DISCLAIMER OF AGENCY
35.1 This Agreement is for the sole benefit of the Parties and
their permitted assigns, and nothing herein expressed or
implied shall create or be construed to create any Third
Party beneficiary rights hereunder. This Agreement shall not
provide any Person not a party hereto with any remedy,
claim, liability, reimbursement, cause of action, or other
right in excess of those existing without reference hereto.
36. ASSIGNMENT
36.1 CLEC may not assign or transfer (whether by operation of law
or otherwise) this Agreement (or any rights or obligations
hereunder) to a third person without the prior written
consent of SBC-13STATE; provided that CLEC may assign or
transfer this Agreement to its Affiliate by providing ninety
(90) days' prior written notice to SBC-13STATE of such
assignment or transfer; provided, further, that
such assignment is not inconsistent with Applicable Law
(including the Affiliate's obligation to obtain proper
Commission certification and approvals) or the terms and
conditions of this Agreement. Notwithstanding the foregoing,
CLEC may not assign or transfer this Agreement (or any
rights or obligations hereunder) to its Affiliate if that
Affiliate is a party to a separate agreement with
SBC-13STATE under Sections 251 and 252 of the Act. Any
attempted assignment or transfer that is not permitted is
void ab initio.
36.2 As a condition of any assignment or transfer of this
Agreement (or any rights hereunder) that is permitted under
or consented to by SBC-13STATE pursuant to this Section 36,
CLEC agrees that any change, modification or other activity
required for SBC-13STATE to accommodate or recognize the
successor to or assignee of CLEC shall be a CLEC Change and
shall be subject to Section 5.3. SBC-13STATE shall have no
obligation to proceed with such activities nor shall any
otherwise acceptable assignment or transfer be effective
against SBC-13STATE until the Parties agree upon the charges
that apply to such CLEC Change.
36.3 If during the Term, SBC-13STATE sells, assigns or otherwise
transfers any ILEC Territory or ILEC Assets to a person
other than an Affiliate or subsidiary, SBC-13STATE shall
provide CLEC not less than ninety (90) days prior written
notice of such sale, assignment or transfer. Upon the
consummation of such sale, assignment or transfer, CLEC
acknowledges that SBC-13STATE shall have no further
obligations under this Agreement with respect to the ILEC
Territories and/or ILEC Assets subject to such sale,
assignment or transfer, and that CLEC must establish its own
Section 251 and 252 arrangement with the successor to such
ILEC Territory and/or ILEC Assets.
37. DELEGATION TO AFFILIATE
37.1 Each Party may without the consent of the other Party
fulfill its obligations under this Agreement by itself or
may cause its Affiliate(s) to take some or all of such
actions to fulfill such obligations. Upon such delegation,
the Affiliate shall become a primary obligor hereunder with
respect to the delegated matter, but such delegation shall
not relieve the delegating Party of its obligations as
co-obligor hereunder. Any Party that elects to perform its
obligations through an Affiliate shall cause its Affiliate
to take all action necessary for the performance of such
Party's obligations hereunder. Each Party represents and
warrants that if an obligation under this Agreement is to be
performed by an Affiliate, such Party has the authority to
cause such Affiliate to perform such obligation and such
Affiliate will have the resources required to accomplish the
delegated performance.
38. SUBCONTRACTING
38.1 If a Party retains or engages any subcontractor to perform
any of that Party's obligations under this Agreement, that
Party will remain fully responsible for the performance of
this Agreement in accordance with its terms, including any
obligations that Party performs through subcontractors.
38.2 Each Party will be solely responsible for payments due that
Party's subcontractors.
38.3 No subcontractor will be deemed a Third Party beneficiary
for any purposes under this Agreement.
38.4 No contract, subcontract or other agreement entered into by
either Party with any Third Party in connection with the
provision of services, functions, facilities and products
hereunder will provide for any indemnity, guarantee or
assumption of liability by the other Party to this Agreement
with respect to such arrangement, except as consented to in
writing by the other Party.
38.5 Any subcontractor that gains access to Customer Proprietary
Network Information ("CPNI") or Proprietary Information
covered by this Agreement shall be required by the
subcontracting Party to protect such CPNI or Proprietary
Information to the same extent the subcontracting Party is
required to protect such CPNI or Proprietary Information
under the terms of this Agreement.
39. FORCE MAJEURE
39.1 No Party shall be responsible for delays or failures in
performance of any part of this Agreement (other than an
obligation to make money payments) resulting from acts or
occurrences beyond the reasonable control of such Party,
including acts of nature, acts of civil or military
authority, any law, order, regulation, ordinance of any
Governmental Authority, embargoes, epidemics, terrorist
acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, hurricanes, floods, work stoppages,
equipment failures, cable cuts, power blackouts, volcanic
action, other major environmental disturbances, unusually
severe weather conditions, inability to secure products or
services of other persons or transportation facilities or
acts or omissions of transportation carriers (individually
or collectively, a "FORCE MAJEURE EVENT") or any Delaying
Event caused by the other Party or any other circumstances
beyond the Party's reasonable control. If a Force Majeure
Event shall occur, the Party affected shall give prompt
notice to the other Party of such Force Majeure Event
specifying the nature, date of inception and expected
duration of such Force Majeure Event, whereupon such
obligation or performance shall be suspended to the extent
such Party is affected by such Force Majeure Event during
the continuance thereof or be excused from such performance
depending on the nature, severity and duration of such Force
Majeure Event (and
the other Party shall likewise be excused from performance
of its obligations to the extent such Party's obligations
relate to the performance so interfered with). The affected
Party shall use its reasonable efforts to avoid or remove
the cause of nonperformance and the Parties shall give like
notice and proceed to perform with dispatch once the causes
are removed or cease.
40. TAXES
40.1 The tax provisions set forth below apply as indicated:
40.1.1 TAXES - SWBT-TX
40.1.1.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible
for all federal, state, or local sales,
use, excise, gross receipts, municipal
fees, transaction or similar taxes,
fees, or surcharges (hereinafter "TAX")
levied against or upon such purchasing
Party (or the providing Party when such
providing Party is permitted by
applicable law to pass along to the
purchasing Party such taxes, fees, or
surcharges), except for any Tax on
either Party's corporate existence,
status, or income.
40.1.2 TAXES - SWBT-MOKA
40.1.2.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible
for all federal, state, or local sales,
use, excise, gross receipts, municipal
fees, transaction or similar taxes, fees
or surcharges (hereinafter "TAX")
imposed on or with respect to the
services provided by or to such Party,
except for any Tax on either Party's
corporate existence, status, or income.
40.1.3 TAXES - PACIFIC
40.1.3.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible
for all federal, state, or local sales,
use, excise, gross receipts, utility
user, municipal fees, transaction or
similar taxes, fees, or surcharges
(hereinafter "TAX") imposed on or with
respect to the services provided by or
to such Party, except for any Tax on
either Party's corporate existence,
status, or income.
40.1.4 TAXES - NEVADA
40.1.4.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible
for all federal, state, or local sales,
use, excise, gross receipts, municipal
fees, transaction or similar taxes,
fees, or surcharges (hereinafter "TAX")
imposed on or with respect to the
services provided by or to such Party,
except for any Tax on either Party's
corporate existence, status, or income.
40.1.5 TAXES - SNET
40.1.5.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible
for all federal, state, or local sales,
use, excise, gross receipts, transaction
or similar taxes, fees, or surcharges
(hereinafter "TAX") levied against or
upon such purchasing party (or the
providing Party when such providing
Party is permitted by applicable law to
pass along to the purchasing party such
taxes, fees, or surcharges), except for
any Tax on either party's corporate
existence, status, or income.
40.1.6 TAXES - SBC-AMERITECH
40.1.6.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible
for all federal, state, or local sales,
use, excise, gross receipts, transaction
or similar taxes, fees or surcharges
levied against or upon such purchasing
Party (or the providing Party when such
providing Party is permitted to pass
along to the purchasing Party such
taxes, fees or surcharges), except for
any tax on either Party's corporate
existence, status or income. To the
extent that a Party includes gross
receipts taxes in any of the charges or
rates of services provided hereunder, no
additional gross receipts taxes shall be
levied against or upon the purchasing
Party.
40.2 TAXES - SBC-13STATE
40.2.1 Whenever possible, Tax amounts shall be billed as
a separate item on the invoice. To the extent a
sale is claimed to be for resale tax exemption,
the purchasing Party shall furnish the providing
Party a proper resale tax exemption certificate as
authorized or required by statute or regulation by
the jurisdiction providing said resale tax
exemption. Failure to timely furnish said resale
tax exemption certificate will result in no
exemption being available to the purchasing Party
for any charges invoiced by the
providing Party prior to the date the purchasing
Party furnishes the providing Party a valid resale
tax exemption certificate.
40.2.2 With respect to any purchase of services,
functions, facilities and products under this
Agreement, if any Tax is required or permitted by
Applicable Law to be collected from the purchasing
Party by the providing Party, then:
40.2.2.1 The providing Party shall xxxx the
purchasing Party for such Tax;
40.2.2.2 The purchasing Party shall remit such
Tax to the providing Party; and
40.2.2.3 The providing Party shall remit such
collected Tax to the applicable taxing
authority.
40.2.3 With respect to any purchase hereunder of
services, functions, facilities and products that
are resold to a Third Party, if any Tax is imposed
by applicable law on the End User in connection
with any such purchase, then:
40.2.3.1 The purchasing Party shall be required
to impose and/or collect such Tax from
the End User; and
40.2.3.2 The purchasing Party shall remit such
Tax to the applicable taxing authority.
40.2.3.3 The purchasing Party agrees to
indemnify, hold harmless and defend the
providing Party on an after tax basis
for any costs incurred by the providing
Party as a result of actions taken by
the applicable taxing authority to
collect the Tax from the providing Party
due to the failure of the purchasing
Party to pay or collect and remit such
Tax to such authority.
40.2.4 If the providing Party fails to collect any Tax as
required herein, then, as between the providing
Party and the purchasing Party:
40.2.4.1 The purchasing Party shall remain liable
for such uncollected Tax; and
40.2.4.2 The providing Party shall be liable for
any penalty and interest assessed with
respect to such uncollected Tax by such
authority.
40.2.4.3 However, if the purchasing Party fails
to pay any Taxes properly billed, then,
as between the providing Party and the
purchasing Party, the purchasing Party
will be solely responsible for payment
of the Taxes, penalty and interest.
40.2.5 If the purchasing Party fails to impose and/or
collect any Tax from End Users as required herein,
then, as between the providing Party and the
purchasing Party, the purchasing Party shall
remain liable for such uncollected Tax and any
interest and penalty assessed thereon with respect
to the uncollected Tax by the applicable taxing
authority. With respect to any Tax that the
purchasing Party has agreed to pay or impose on
and/or collect from End Users, the purchasing
Party agrees to indemnify, hold harmless and
defend the providing Party on an after tax basis
for any costs incurred by the providing Party as a
result of actions taken by the applicable taxing
authority to collect the Tax from the providing
Party due to the failure of the purchasing Party
to pay or collect and remit such Tax to such
authority.
40.2.6 The Party obligated to pay any Tax 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 contesting Party
shall not permit any lien to exist on any asset of
the other Party by reason of such contest. The
Party obligated to collect and remit shall
cooperate in any such contest by the other Party.
As a condition of contesting any Tax due
hereunder, the contesting Party agrees to be
liable and indemnify and reimburse the other Party
for:
40.2.6.1 any additional amounts that may be due
by reason of such contest, including any
interest and penalties; and
40.2.6.2 all costs of cooperating with the
contesting Party in any such contest.
41. NON-WAIVER
41.1 Except as otherwise specified in this Agreement, no 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 properly executed by or on behalf of
the Party against whom such waiver or consent is claimed.
Waiver by either Party of any default by the other Party
shall not be deemed a waiver of any other default. Failure
of either Party to insist on performance of any term or
condition of this Agreement or to exercise any right or
privilege hereunder shall not be construed as a continuing
or future waiver of such term, condition, right or
privilege. No course of dealing or failure of any Party to
strictly enforce any term, right, or
condition of this Agreement in any instance shall be
construed as a general waiver or relinquishment of such
term, right or condition.
42. CUSTOMER INQUIRIES
42.1 Each Party will refer all questions regarding the other
Party's services or products directly to the other Party at
a telephone number specified by that Party.
42.2 Each Party will ensure that all of its representatives who
receive inquiries regarding the other Party's services:
42.2.1 Provide the number described in Section 44.1 to
callers who inquire about the other Party's
services or products; and
42.2.2 Do not in any way disparage or discriminate
against the other Party or its products or
services.
42.3 Except as otherwise provided in this Agreement, CLEC shall
be the primary point of contact for CLEC's End Users with
respect to the services CLEC provides such End Users.
42.4 CLEC acknowledges that SBC-13STATE may, upon End User
request, provide services directly to such End User similar
to those offered to CLEC under this Agreement.
43. EXPENSES
43.1 Except as expressly set forth in this Agreement, each Party
will be solely responsible for its own expenses involved in
all activities related to the matters covered by this
Agreement.
43.2 SBC-12STATE and CLEC shall each be responsible for one-half
(1/2) of expenses payable to a Third Party for Commission
fees or other charges (including regulatory fees and any
costs of notice or publication, but not including attorney's
fees) associated with the filing of this agreement.
44. CONFLICT OF INTEREST
44.1 The Parties represent that no employee or agent of either
Party has been or will be employed, retained, paid a fee, or
otherwise received or will receive any personal compensation
or consideration from the other Party, or any of the other
Party's employees or agents in connection with the
negotiation of this Agreement or any associated documents.
45. AMENDMENTS AND MODIFICATIONS
45.1 No provision of this Agreement shall be deemed amended or
modified by either Party unless such an amendment or
modification is in writing, dated, and signed by an
authorized representative of both Parties. The rates, terms
and conditions contained in the amendment shall become
effective upon approval of such amendment by the appropriate
Commissions.
45.2 Neither Party shall be bound by any preprinted terms
additional to or different from those in this Agreement that
may appear subsequently in the other Party's form documents,
purchase orders, quotations, acknowledgments, invoices or
other communications.
46. SURVIVAL
46.1 The Parties' obligations under this Agreement which by their
nature are intended to continue beyond the termination or
expiration of this Agreement shall survive the termination
or expiration of this Agreement. Without limiting the
general applicability of the foregoing, the following terms
and conditions of this Agreement are specifically agreed by
the Parties to continue beyond the termination or expiration
of this Agreement: Section 11.8; Section 11.9, Section 31.6;
Section 15.3; Section 9.1; Section 9.2; Section 9.3; Section
9.4; Section 9.5, Section 9.6; Section 10.2; Section 10.3;
Section 10.4; Section 10.5; Section 10.6; Section 15;
Section 16; Section 18; Section 19; Section 21 Section 22;
Section 23; Section 26; Section 25; Section 27; Section 33;
Section 42.4, Section 28; Section 29; Section 40; Section
6.5; Section 6.6; Section 6.7; Section 6.8; Section 6.9;
Section 6.10 and Section 46.
47. APPENDICES INCORPORATED BY REFERENCE
47.1 DIRECTORY ASSISTANCE (DA)
47.1.1 SBC-13STATE will provide nondiscriminatory access
to Directory Assistance services under the terms
and conditions identified in the applicable
Appendix DA, which IS/ARE attached hereto and
incorporated herein by reference.
47.2 OPERATOR SERVICES (OS)
47.2.1 SBC-13STATE shall provide nondiscriminatory access
to Operator Services under the terms and
conditions identified in the applicable Appendix
OS, which IS/ARE attached hereto and incorporated
herein by reference.
47.3 OPERATIONS SUPPORT SYSTEMS (OSS)
47.3.1 SBC-13STATE shall provide nondiscriminatory access
to Operations Support Systems (OSS) "functions" to
CLEC for pre-ordering, ordering, provisioning,
maintenance/repair, and billing under the terms
and conditions identified in the applicable
Appendix OSS, which IS/ARE attached hereto and
incorporated herein by reference.
48. AUTHORITY
48.1 Each of the SBC Parties represents and warrants that it is a
corporation duly organized, validly existing and in good
standing under the laws of their respective states of
incorporation. SBC COMMUNICATIONS INC. represents and
warrants that it has full power and authority to execute and
deliver this Agreement as agent for the SBC Parties. Each of
the SBC Parties that is an ILEC represents and warrants that
it has full power and authority to perform its obligations
hereunder.
48.2 CLEC represents and warrants that it is a corporation duly
organized, validly existing and in good standing under the
laws of the State of Delaware and has full power and
authority to execute and deliver this Agreement and to
perform its obligations hereunder. CLEC represents and
warrants that it has been or will be certified as a LEC by
the Commission(s) prior to submitting any orders hereunder
and is or will be authorized to provide the
Telecommunications Services contemplated hereunder in the
territory contemplated hereunder prior to submission of
orders for such services.
48.3 Each Person whose signature appears below represents and
warrants that he or she has authority to bind the Party on
whose behalf he or she has executed this Agreement.
49. COUNTERPARTS
49.1 This Agreement may be executed in counterparts. Each
counterpart shall be considered an original and such
counterparts shall together constitute one and the same
instrument.
50. ENTIRE AGREEMENT
50.1 SBC-12STATE
50.1.1 The terms contained in this Agreement and any
Appendices, Attachments, Exhibits, Schedules, and
Addenda constitute the entire agreement between
the Parties with respect to the subject matter
hereof, superseding all prior understandings,
proposals and other communications, oral or
written.
50.2 SNET
50.2.1 The terms contained in this Agreement and any
Appendices, Attachments, Exhibits, Schedules,
Addenda, Commission approved tariffs and other
documents or instruments referred to herein and
incorporated into this Agreement by reference
constitute the entire agreement between the
Parties with respect to the subject matter hereof,
superseding all prior understandings, proposals
and other communications, oral or written.
SBC-13 STATE RESALE AGREEMENT SIGNATURES
XXXXXXXXX.XXX. INC. ILLINOIS XXXX TELEPHONE COMPANY, XXXXXXX
XXXX TELEPHONE COMPANY INCORPORATED,
MICHIGAN XXXX TELEPHONE COMPANY, THE
OHIO XXXX TELEPHONE COMPANY, AND
WISCONSIN XXXX INC. d/b/a AMERITECH
WISCONSIN
By: SBC Telecommunications, Inc., their
authorized agent.
Signature: /s/ Xxxxx Xxxxxxx Signature: /s/ Xxxxx X. Xxxxxx
------------------------- -----------------------------
Name: Xxxxx Xxxxxxx Name: Xxxxx X. Xxxxxx
------------------------------ ----------------------------------
(Print or Type)
Title: CEO Title: President - Industry Markets
-----------------------------
(Print or Type)
Date: 2/24/00 Date: FEB 25 2000
----------------------------- ---------------------------------
AECN/OCN#
---------------------------
APPENDIX DA
TABLE OF CONTENTS
1. INTRODUCTION..........................................................3
2. SERVICES..............................................................4
3. DEFINITIONS...........................................................4
4. BRANDING..............................................................5
5. DA RATE/REFERENCE INFORMATION.........................................6
6. RESPONSIBILITIES OF THE PARTIES.......................................7
7. METHODS AND PRACTICES.................................................8
8. PRICING ..............................................................8
9. MONTHLY BILLING ......................................................8
10. LIABILITY.............................................................8
11. TERM OF APPENDIX......................................................8
12. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS ...................9
APPENDIX DA
(DIRECTORY ASSISTANCE SERVICE)
1. INTRODUCTION
1.1 This Appendix sets forth the terms and conditions for Directory
Assistance (DA) Services for CLEC provided by the applicable SBC
Communications Inc. (SBC) owned Incumbent Local Exchange Carrier
(ILEC).
1.2 SBC Communications, Inc. (SBC) means the holding company which
owns the following ILECs: Illinois Xxxx Telephone Company, Xxxxxxx
Xxxx Telephone Company Incorporated, Michigan Xxxx Telephone
Company, Nevada Xxxx Telephone Company, The Ohio Xxxx Telephone
Company, Pacific Xxxx Telephone Company, The Southern New England
Telephone Company, Southwestern Xxxx Telephone Company and/or
Wisconsin Xxxx, Inc. d/b/a Ameritech Wisconsin.
1.3 As used herein, SBC-13STATE means the applicable above listed
ILECs doing business in Arkansas, California, Connecticut,
Illinois, Indiana, Kansas, Michigan, Missouri, Nevada, Ohio,
Oklahoma, Texas, and Wisconsin.
1.4 As used herein, SBC-12STATE means the applicable above listed
ILECs doing business in Arkansas, California, Illinois, Indiana,
Kansas, Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas, and
Wisconsin.
1.5 As used herein, SBC-SWBT means the applicable above listed ILEC
doing business in Arkansas, Kansas, Missouri, Oklahoma, and Texas.
1.6 As used herein, SBC-AMERITECH means the applicable above listed
ILECs doing business in Illinois, Indiana, Michigan, Ohio, and
Wisconsin.
1.7 As used herein, PACIFIC means the applicable above listed ILEC
doing business in California.
1.8 As used herein, NEVADA means the applicable above listed ILEC
doing business in Nevada.
1.9 As used herein, SNET means the applicable above listed ILEC doing
business in Connecticut.
1.10 The prices at which SBC-13STATE agrees to provide CLEC with
Directory Services are contained in the applicable Appendix
Pricing and/or the applicable Commissioned ordered tariff.
2. SERVICES
2.1 Where technically feasible and/or available, SBC-13STATE will
provide the following DA Services:
2.1.1 DIRECTORY ASSISTANCE (DA)
Consists of providing subscriber listing information (name,
address, and published telephone number or an indication of
"non-published status") where available to CLEC's End Users
who dial 411, 1/0+411, 000-0000, 1/0x000-0000, or
1/O+NPA-555-1212.
2.1.2 DIRECTORY ASSISTANCE CALL COMPLETION (DACC) OR EXPRESS CALL
COMPLETION (ECC)
A service in which a local or an intraLATA call to the
requested number is completed on behalf of CLEC's End User,
utilizing an automated voice system or with operator
assistance.
2.1.3 DIRECTORY ASSISTANCE NATIONWIDE LISTING SERVICE (NLS)
A service in which listed telephone information (name,
address, and telephone numbers) is provided for
residential, business and government accounts throughout
the 50 states to CLEC End Users. CLEC acknowledges that the
Federal Communications Commission has issued an order that
could affect SBC-12STATE's ability to offer NLS and that
SBC-12STATE may have to stop providing NLS at any time.
CLEC releases SBC-12STATE from any and all claims, costs,
damages, liabilities, losses, and expenses (including
reasonable attorney fees), if SBC-12STATE stops providing
NLS. CLEC also agrees to indemnify, defend, and hold
harmless SBC-12STATE from any and all third party claims,
costs, damages, liabilities, losses, and expenses
(including reasonable attorney fees), arising from any
SBC-12STATE decision to stop providing NLS.
3. DEFINITIONS
3.1 The following terms are defined as set forth below:
3.1.1 "CALL BRANDING" -The procedure of identifying a provider's
name audibly and distinctly to the End User at the
beginning of each DA Services call.
3.1.2 "NON-LIST TELEPHONE NUMBER OR DA ONLY TELEPHONE NUMBER" -A
telephone number that, at the request of the telephone
subscriber, is not published in a telephone directory, but
is available from a DA operator.
3.1.3 "NON-PUBLISHED NUMBER" - A telephone number that, at the
request of the telephone subscriber, is neither published
in a telephone directory nor available from a DA operator.
3.1.4 "PUBLISHED NUMBER" - A telephone number that is published
in a telephone directory and is available upon request by
calling a DA operator.
4. BRANDING
4.1 Except where otherwise required by law, CLEC shall not, without
SBC-13STATE's prior written authorization, offer the services
covered by this Agreement using the trademarks, service marks,
trade names, brand names, logos, insignia, symbols or decorative
designs of SBC-13STATE or its Affiliates, nor shall CLEC state or
imply that there is any joint business association or similar
arrangement with SBC-13STATE in the provision of
Telecommunications Services to CLEC's End Users.
4.2 BRANDING REQUIREMENTS
4.2.1 Where technically feasible and/or available, SBC-13STATE
will brand Operator Services (OS) and/or Directory
Assistance (DA) in CLEC's name as outlined below:
4.2.1.1 Provide its brand at the beginning of each
telephone call and before the consumer incurs any
charge for the call; and
4.2.1.2 Disclose immediately to the consumer, upon
request, a quote of its rates or charges for the
call.
4.2.2 Where SBC-13STATE provides CLEC OS and DA services via the
same trunk, both OS and DA calls will be branded with the
same brand. Since SBC-13STATE's DA and OS utilize the same
trunk group, CLEC will receive the same brand for both DA
and OS.
4.2.3 CLEC agrees and warrants that it will provide to
SBC-13STATE a name to be used for branding covered by this
Agreement that matches the name in which CLEC is certified
to provide local Telecommunications Services by the
applicable state Commission.
4.3 CALL BRANDING
4.3.1 SBC-13STATE will brand OS/DA in CLEC's name based upon the
information provided by CLEC and as outlined below:
4.3.1.1 SBC-SWBT and SNET - CLEC will provide written
specifications of its company name to be used by
SBC-SWBT or SNET to create CLEC specific branding
announcements for its OS/DA calls in accordance
with the process outlined in the Operator Services
OS/DA Questionnaire (OSQ). CLEC attests that it has
been provided a copy of the OSQ.
4.3.1.2 PACIFIC/NEVADA - CLEC will provide recorded
announcement(s) of its company name to be used to
brand CLEC's OS/DA calls in accordance with the
process outlined in the OSQ. CLEC attests that it
has been provided a copy of the OSQ.
4.3.1.3 SBC-AMERITECH - CLEC will provide written
specifications of its company name to be used by
SBC-AMERITECH to brand CLEC OS/DA calls, when
technically feasible and available, in accordance
with the process outlined in the OSQ. CLEC attests
that it has been provided a copy of the OSQ.
4.4 Branding Load Charges:
4.4.1 SBC-SWBT - An initial non-recurring charge applies per
state, per brand, per Operator assistance switch for the
establishment of CLEC specific branding. An additional
non-recurring charge applies per state, per brand, per
Operator assistance switch for each subsequent change to
the branding announcement. In addition, a per call charge
applies for every OS/DA call handled by SBC-SWBT on behalf
of CLEC when multiple brands are required on a single
Operator Services trunk. These charges are set forth in
Appendix Pricing under the "Other (Resale)" category.
4.4.2 PACIFIC/NEVADA/SNET - An initial non-recurring charge
applies per state, per brand, per Operator assistance
switch for the establishment of CLEC specific branding. An
additional non-recurring charge applies per state, per
brand, per Operator assistance switch for each subsequent
change to branding announcement. These charges are set
forth in Appendix Pricing under the "Other (Resale)"
category.
5. DA RATE/REFERENCE INFORMATION
5.1 CLEC will furnish DA Rate and Reference Information in a mutually
agreed to format or media thirty (30) calendar days in advance of
the date when the DA Services are to be undertaken.
5.2 CLEC will inform SBC-13STATE, in writing, of any changes to be
made to such Rate/Reference Information fourteen calendar days
prior to the effective
Rate/Reference change date. CLEC acknowledges that it is
responsible to provide SBC-13STATE updated Rate/Reference
Information in advance of when the Rate/Reference Information is
to become effective.
5.3 An initial non-recurring charge will apply per state, per Operator
assistance switch for loading of CLEC's DA Rate/Reference
Information. An additional non-recurring charge will apply per
state, per Operator assistance switch for each subsequent change
to either CLEC's DA Services Rate or Reference Information. These
charges are set forth in Appendix Pricing under the "Other
(Resale)" category.
5.4 When an SBC-13STATE Operator receives a rate request from a CLEC
End User, where technically feasible and available, SBC-13STATE
will quote the applicable DA rates as provided by the CLEC.
5.4.1 PACIFIC/NEVADA/SBC-AMERITECH - In the interim, when an
Operator receives a rate request from a CLEC End User,
PACIFIC/NEVADA/SBC-AMERITECH will transfer the CLEC End
User to a customer care number specified by the CLEC on
the OSQ. When PACIFIC/NEVADA/SBC-AMERITECH has the
capability to quote specific CLEC rates and reference
information, the Parties agree that the transfer option
will be eliminated.
6. RESPONSIBILITIES OF THE PARTIES
6.1 CLEC agrees that due to customer quality and work force schedule
issues, SBC-13STATE will be the sole provider of DA Services for
CLEC's local serving area(s).
6.2 CLEC will furnish to SBC-13STATE a completed OSQ thirty (30)
calendar days in advance of the date when the DA Services are to
be undertaken.
6.3 CLEC will provide SBC-13STATE updates to the OSQ fourteen (14)
calendar days in advance of the date when changes are to become
effective.
6.4 CLEC agrees that SBC-13STATE may utilize CLEC's End User's
listings contained in SBC-13STATE directory assistance database in
providing existing and future SBC-13STATE directory assistance or
DA related services.
6.5 CLEC further agrees that SBC-13STATE can release CLEC's directory
assistance listings stored in SBC-13STATE directory assistance
database to competing providers.
7. METHODS AND PRACTICES
7.1 SBC-13STATE will provide DA Services to CLEC's End Users in
accordance with SBC-13STATE DA methods and practices that are in
effect at the time the DA call is made, unless otherwise agreed in
writing by both parties.
8. PRICING
8.1 Subject to any blocking that may be ordered by CLEC for its End
Users, to the extent Directory Assistance (DA) services are
provided to SBC-13STATE End Users, SBC-13STATE shall provide
CLEC's End Users access to SBC-13STATE Directory Assistance
services. CLEC shall pay SBC-13STATE the charges attributable to
Directory Assistance services utilized by CLEC's End Users.
Discounts associated with utilization of Directory Assistance
Services are set forth in Appendix Pricing and/or the applicable
Commission ordered tariff.
9. MONTHLY BILLING
9.1 For information regarding billing, non-payment, disconnection, and
dispute resolution, see the General Terms and Conditions of this
Agreement.
9.2 SBC-13STATE will accumulate and provide CLEC DA usage data on
CLEC's monthly xxxx for CLEC to xxxx its End Users.
10. LIABILITY
10.1 The provisions set forth in the General Terms and Conditions of
this Agreement, including but not limited to those relating to
limitation of liability and indemnification, shall govern
performance under this Appendix.
10.2 CLEC also agrees to release, defend, indemnify, and hold harmless
SBC-13STATE from any claim, demand or suit that asserts any
infringement or invasion of privacy or confidentiality of any
person or persons caused or claimed to be caused, directly, or
indirectly, by SBC-13STATE employees and equipment associated with
provision of DA Services, including but not limited to suits
arising from disclosure of the telephone number, address, or name
associated with the telephone called or the telephone used to call
DA Services.
11. TERM OF APPENDIX
11.1 This Appendix will continue in force for the length of the Resale
Agreement, but no less than twelve (12) months. At the expiration
of the term of the Resale Agreement to which this Appendix is
attached, or twelve months, which ever
occurs later, either Party may terminate this Appendix upon one
hundred-twenty (120) calendar days written notice to the other
Party.
11.2 If CLEC terminates this Appendix prior to the expiration of the
term of this Appendix, CLEC shall pay SWBT, within thirty (30)
days of the issuance of any bills by SBC-13STATE, all amounts due
for actual services provided under this Appendix, plus estimated
monthly charges for the unexpired portion of the term. Estimated
charges will be based on an average of the actual monthly service
provided by SBC-13STATE pursuant to this Appendix prior to its
termination.
12. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
12.1 Every resale service provided hereunder, shall be subject to all
rates, terms and conditions contained in this Agreement which are
legitimately related to such resale service. Without limiting the
general applicability of the foregoing, the following terms and
conditions of the General Terms and Conditions are specifically
agreed by the Parties to be legitimately related to, and to be
applicable to, each resale service provided hereunder:
introduction, definitions, interpretation, construction and
severability; description and charges of service; notice of
changes; general responsibilities of the Parties; effective date,
term and termination; fraud by end users; deposits; billing and
payment of charges; nonpayment and procedures for disconnection;
services; additional terms applicable to resale of services;
ancillary services; network and service order conditions; dispute
resolution; audits; responsibilities of SWBT; disclaimer of
representations and warranties; limitation of liability;
responsibilities of CLEC; indemnification; remedies; intellectual
property; notices; publicity and use of trademarks or service
marks; no license; confidentiality; intervening law; governing
law; regulatory approval; changes in End User local exchange
service provider selection; compliance and certification; law
enforcement; no third party beneficiaries; disclaimer of agency;
relationship of the Parties/independent contractor;
subcontracting; delegation to affiliate; assignment; force
majeure; taxes; non-waiver; customer inquiries; expenses;
conflicts of interest; survival; appendices incorporated by
reference; authority; counterparts; amendments and modifications;
and entire agreement.
APPENDIX FCC MERGER CONDITIONS
TABLE OF CONTENTS
1. MERGER CONDITIONS.....................................................3
2. DEFINED TERMS; DATES OF REFERENCE ....................................4
3. INTENTIONALLY LEFT BLANK .............................................4
4. OSS: CHANGE MANAGEMENT PROCESS .......................................4
5. OSS: ELIMINATION OF CERTAIN FLAT-RATE MONTHLY CHARGES ................4
6. INTENTIONALLY LEFT BLANK .............................................5
7. INTENTIONALLY LEFT BLANK .............................................5
8. PROMOTIONAL DISCOUNTS ON RESALE ......................................5
9. INTENTIONALLY LEFT BLANK .............................................5
10. INTENTIONALLY LEFT BLANK .............................................5
11. ALTERNATE DISPUTE RESOLUTION .........................................6
12. CONFLICTING CONDITIONS ...............................................6
13. SUSPENSION OF CONDITIONS .............................................6
14. INTENTIONALLY LEFT BLANK .............................................6
15. PROMOTIONAL PAYMENT PLAN FOR UNE AND RESALE-OHIO AND
ILLINOIS ONLY ........................................................6
APPENDIX MERGER CONDITIONS
1. MERGER CONDITIONS
1.1 For purposes of this Appendix only SBC-13STATE is defined as one
of the following ILECs as appropriate to the underlying Agreement
(without reference to this Appendix) in those geographic areas
where the referenced SBC owned Company is the ILEC: Illinois Xxxx
Telephone Company, Xxxxxxx Xxxx Telephone Company Incorporated,
Michigan Xxxx Telephone Company, Nevada Xxxx Telephone Company,
The Ohio Xxxx Telephone Company, Pacific Xxxx Telephone Company,
The Southern New England Telephone Company, Southwestern Xxxx
Telephone Company, and/or Wisconsin Xxxx, Inc. d/b/a Ameritech
Wisconsin.
1.1.1 As used herein, SBC-AMERITECH means the applicable listed
ILEC(s) doing business in Illinois, Indiana, Michigan, Ohio
and Wisconsin
1.1.2 As used herein, SBC-13STATE means an ILEC doing business in
Arkansas, California, Connecticut, Illinois, Indiana,
Kansas, Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas
and Wisconsin.
1.1.3 As used herein, SBC-8STATE means an ILEC doing business in
Arkansas, California, Connecticut, Kansas, Missouri,
Nevada, Oklahoma, Texas.
1.2 SBC-13STATE will provide to CLEC certain items as set out in the
Conditions for FCC Order Approving SBC/AMERITECH Merger, CC Docket
No. 98-141 (FCC Merger Conditions), including certain
carrier-to-carrier promotions for use by CLEC to provision local
service to residential end user customers on terms and conditions
described in the FCC Merger Conditions, an alternative dispute
resolution ("ADR") process designed to resolve carrier-to-carrier
disputes before such disputes become formal complaints before the
Commission and other items as specified herein.
1.3 The Parties agree to abide by and incorporate by reference into
this Appendix the FCC Merger Conditions.
1.4 This Appendix terminates the earlier of (1) the date this
Agreement itself terminates without reference to this Appendix or
(2) the date SBC-13STATE obligations cease under the FCC Merger
Conditions
2. DEFINED TERMS; DATES OF REFERENCE
2.1 Unless otherwise defined in this Appendix, capitalized terms shall
have the meanings assigned to such terms in the Agreement without
reference to this Appendix and in the FCC Merger Conditions.
2.2 For purposes of calculating the intervals set forth in the FCC
Merger Conditions concerning carrier to carrier promotions:
2.2.1 the Merger Closing Date is October 8, 1999; and
2.2.2 the Offering Window begins November 7, 1999.
2.3 "FCC Merger Conditions" means the Conditions for FCC Order
Approving SBC/Ameritech Merger, CC Docket No. 98-141.
3. INTENTIONALLY LEFT BLANK
4. OSS: CHANGE MANAGEMENT PROCESS
4.1 Upon request by CLEC, within one month of the Merger Closing Date,
SBC-13STATE and CLEC shall begin to negotiate along with other
interested CLECs a uniform change management process for
implementation in the SBC-13STATE Service-Area to the extent
required by paragraph 32 of the FCC Merger Conditions. For
purposes of this Paragraph, "change management process" means the
documented process that SBC-13STATE and the CLECs follow to
facilitate communication about OSS changes, new interfaces and
retirement of old interfaces, as well as the implementation
timeframes; which includes such provisions as a 12-month
developmental view, release announcements, comments and reply
cycles, joint testing processes and regularly scheduled change
management meetings. SBC-13STATE will follow the uniform change
management process agreed upon with interested CLECs.
5. OSS: ELIMINATION OF CERTAIN FLAT-RATE MONTHLY CHARGES
5.1 Effective with the first billing cycle that begins after the
Merger Closing date, SBC-13STATE hereby eliminates in the
SBC-13STATE Service Area, on a going-forward basis, all flat-rate
monthly charges for access to the Remote Access Facility and the
Information Services Call Center. The intent of this Paragraph is
to eliminate the flat-rate monthly charges (amounting to
approximately $3600 per month per CLEC per State) that SBC-13STATE
charged CLECs prior to the Merger Closing Date. Effective with the
first billing cycle that begins after the Merger Closing date,
SBC-13STATE also hereby eliminates in the SBC-13STATE Service
Area, on a going-forward basis, any flat-rate monthly charges
for access to standard, non-electronic order processing facilities
that are used for orders of 30 lines or less. This Paragraph does
not limit SBC-13STATE's right to charge CLEC for the cost of
processing service orders received by electronic or non-electronic
means, whether on an electronic or non-electronic basis; to charge
CLEC for the cost of providing loop make-up information, or to
recover the costs of developing and providing OSS through the
pricing of UNEs or resold services, in accordance with applicable
federal and state pricing requirements
6. INTENTIONALLY LEFT BLANK
7. INTENTIONALLY LEFT BLANK
8. PROMOTIONAL DISCOUNTS ON RESALE
8.1 SBC-13STATE will provide CLEC promotional resale discounts on
telecommunications services that SBC-13STATE provides at retail to
subscribers who are not telecommunications carriers, where such
services are resold to residential end user customers at the rates
and on the terms and conditions set forth in the FCC Merger
Conditions for the period specified therein. Such provision of
promotional resale discounts is subject to CLEC's qualification
and compliance with the provisions of the FCC Merger Conditions.
8.2 If CLEC does not qualify for the promotional resale discounts set
forth in the FCC Merger Conditions, SBC-13STATE's provision, if
any, and CLEC's payment for promotional resale discounts shall
continue to be governed by Appendix Resale as currently contained
in the Agreement without reference to this Appendix. Unless SBC
receives thirty (30) days advance written notice with instructions
to terminate service provided via a Promotional discount on resale
or to convert such service to an available alternative service
provided by SBC-13STATE, then upon expiration of any Promotional
discount, the service shall automatically convert to an
appropriate SBC-13STATE product/service offering pursuant to the
terms and conditions of the Agreement or, in the absence of terms
and conditions in the Agreement, the applicable tariff. Where
there are no terms for such offering in the Agreement without
reference to this Appendix and there is no applicable tariff, the
Parties shall meet within 30 days of a written request to do so to
negotiate mutually acceptable rates, terms and conditions that
shall apply retroactively. If the Parties are unable to reach
agreement within 60 days of the written request to negotiate, any
outstanding disputes shall be handled in accordance with the
Dispute Resolution procedures in the Agreement.
9. INTENTIONALLY LEFT BLANK
10. INTENTIONALLY LEFT BLANK
11. ALTERNATE DISPUTE RESOLUTION
11.1 In addition to the foregoing, upon CLEC's request, the Parties
shall adhere to and implement, as applicable, the Alternative
Dispute Resolution guidelines and procedures described in the FCC
Merger Conditions including Attachment D.
12. CONFLICTING CONDITIONS
12.1 If any of the FCC Merger Conditions in this Appendix and
conditions imposed in connection with the merger under state law
grant similar rights against SBC-13STATE, CLEC shall not have a
right to invoke the relevant terms of these FCC Merger Conditions
in this Appendix if CLEC has invoked substantially related
conditions imposed on the merger under state law in accordance the
FCC Merger Conditions.
13. SUSPENSION OF CONDITIONS
13.1 If the FCC Merger Conditions are overturned or any of the
provisions of the FCC Merger Conditions that are incorporated
herein by reference are amended or modified as a result of any
order or finding by the FCC, a court of competent jurisdiction or
other governmental and/or regulatory authority, any impacted
promotional discounts and other provision described in this
Appendix shall be automatically and without notice suspended as of
the date of such termination or order or finding and shall not
apply to any product or service purchased by CLEC or provisioned
by SBC-13STATE after the date of such termination or order or
finding. Thereafter, SBC-13STATE's continued provision and CLEC's
payment for any service or item originally ordered or provided
under this Appendix shall be governed by the rates, terms, and
conditions as currently contained in the Agreement without
reference to this Appendix. In the event that the FCC changes,
modifies, adds or deletes any of the FCC Merger Conditions set
forth herein, the Parties agree that the FCC's final order
controls and takes precedence over the FCC Merger Conditions set
forth herein.
14. INTENTIONALLY LEFT BLANK
15. PROMOTIONAL PAYMENT PLAN FOR UNE AND RESALE--OHIO AND ILLINOIS ONLY
15.1 SBC-AMERITECH will provide, in the states of Ohio and Illinois, a
promotional eighteen (18) month installment payment option to
CLECs for the payment of non-recurring charges associated with the
purchase of unbundled Network Elements used in the provision of
residential services and the resale of services used in the
provision of residential services.
15.2 SBC-AMERITECH will provide, in the states of Ohio and Illinois, a
promotional payment plan option to CLECs for the payment of
non-recurring charges associated with the purchase of unbundled
Network Elements used in the provision of residential services and
the resale of services used in the provision of residential
services. The promotion is available on the terms and conditions
set forth in the Ameritech - Ohio and Illinois Merger Conditions
for the period specified therein. Such provision of the
promotional payment plan is subject to CLEC's qualification and
compliance with the provisions of the Ameritech - Ohio and
Illinois Merger Conditions.
APPENDIX OS
TABLE OF CONTENTS
1. INTRODUCTION ........................................................3
2. SERVICES ............................................................4
3. DEFINITIONS .........................................................4
4. BRANDING ............................................................6
5. OS RATE/REFERENCE INFORMATION .......................................8
6. INTRALATA MESSAGE RATING ............................................8
7. HANDLING OF EMERGENCY CALLS TO OPERATOR .............................9
8. RESPONSIBILITIES OF THE PARTIES .....................................9
9. METHODS AND PRACTICES ...............................................9
10. PRICING..............................................................9
11. MONTHLY BILLING ....................................................10
12. LIABILITY ..........................................................10
13. TERM OF APPENDIX ...................................................10
14. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS .................10
APPENDIX OS
(OPERATOR SERVICES)
1. INTRODUCTION
1.1 This Appendix sets forth the terms and conditions for Operator
Services (OS) provided by the applicable SBC Communications Inc.
(SBC) owned Incumbent Local Exchange Carrier (ILEC).
1.2 SBC Communications Inc. (SBC) means the holding company which owns
the following ILECs: Illinois Xxxx Telephone Company, Xxxxxxx Xxxx
Telephone Company Incorporated, Michigan Xxxx Telephone Company,
Nevada Xxxx Telephone Company, The Ohio Xxxx Telephone Company,
Pacific Xxxx Telephone Company, The Southern New England Telephone
Company, Southwestern Xxxx Telephone Company and/or Wisconsin
Xxxx, Inc. d/b/a Ameritech Wisconsin.
1.3 As used herein, SBC-13STATE means the applicable above listed
ILECs doing business in Arkansas, California, Connecticut,
Illinois, Indiana, Kansas, Michigan, Missouri, Nevada, Ohio,
Oklahoma, Texas, and Wisconsin.
1.4 As used herein, SBC-12STATE means the applicable above listed
ILECs doing business in Arkansas, California, Illinois, Indiana,
Kansas, Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas, and
Wisconsin.
1.5 As used herein, SBC-10STATE means the applicable above listed
ILECs doing business in Arkansas, Illinois, Indiana, Kansas,
Michigan, Missouri, Ohio, Oklahoma, Texas, and Wisconsin.
1.6 As used herein, SBC-8STATE means the applicable above listed ILECs
doing business in Arkansas, California, Connecticut, Kansas,
Missouri, Nevada, Oklahoma, and Texas.
1.7 As used herein, SBC-7STATE means the applicable above listed ILECs
doing business in Arkansas, California, Kansas, Missouri, Nevada,
Oklahoma, and Texas.
1.8 As used herein, SBC-SWBT means the applicable above listed ILEC
doing business in Arkansas, Kansas, Missouri, Oklahoma, and Texas.
1.9 As used herein, SBC-AMERITECH means the applicable above listed
ILECs doing business in Illinois, Indiana, Michigan, Ohio, and
Wisconsin.
1.10 As used herein, SBC-2STATE means the applicable above listed ILECs
doing business in California and Nevada.
1.11 As used herein, SNET means the applicable above listed ILEC doing
business in Connecticut.
1.12 As used herein, PACIFIC means the applicable above listed ILEC
doing business in California.
1.13 As used herein, NEVADA means the applicable above listed ILEC
doing business in Nevada.
2. SERVICES
2.1 Where technically feasible and/or available, SBC-13STATE will
provide the following OS:
2.1.1 FULLY AUTOMATED CALL PROCESSING
Allows the caller to complete a call utilizing equipment
without the assistance of an SBC-13STATE operator,
hereafter called "Operator."
2.1.1.1 SBC-10STATE and PACIFIC - This allows the caller
the option of completing calls through an Automated
Alternate Billing System (AABS). Automated
functions can only be activated from a touch-tone
telephone. Use of a rotary telephone or failure or
slow response by the caller to the audio prompts
will bridge the caller to an Operator for
assistance.
2.1.1.2 NEVADA - This allows the caller the option of
billing calling card calls through a Mechanized
Calling Card Service (MCCS). Automated functions
can only be activated from a touch-tone telephone.
2.1.2 OPERATOR-ASSISTED CALL PROCESSING
2.1.2.1 Allows the caller to complete a call by receiving
assistance from an Operator.
3. DEFINITIONS
3.1 FULLY AUTOMATED CALL PROCESSING - Where technically feasible
and/or available, SBC-13STATE can support the following fully
automated call types as outlined below:
3.1.1 FULLY AUTOMATED CALLING CARD SERVICE.
3.1.1.1 SBC-13STATE -This service is provided when the
caller dials zero ("0"), plus the desired telephone
number and the calling card number to which the
call is to be charged. The call is completed
without the assistance of an Operator. An
authorized calling card for the purpose of this
Appendix, is one for which billing validation can
be performed.
3.1.2 Fully Automated Collect and Xxxx to Third Number Services
or Mechanized Calling Card System
3.1.2.1 SBC-12STATE - The caller dials zero (0) plus the
telephone number desired, and selects the Collect
or Xxxx To Third Number billing option as
instructed by the automated equipment. The call is
completed without the assistance of an Operator.
3.1.3 SBC-8STATE will treat the following situations as Fully
Automated service:
3.1.3.1 When the caller identifies himself or herself as
disabled.
3.1.3.2 When the caller reports trouble on the network.
3.1.3.3 When the Operator reestablishes an interrupted
call.
3.2 OPERATOR-ASSISTED CALL PROCESSING - Where technically feasible
and/or available, SBC-13STATE will support the following
Operator-assisted call types for CLEC:
3.2.1 SEMI-AUTOMATED CALLING CARD SERVICE. A service provided
when the caller dials zero (0) plus the telephone number
desired and the calling card number to which the call is to
be charged. The call is completed with the assistance of an
Operator. An authorized calling card for the purpose of
this Appendix, is one for which SBC-13STATE can perform
billing validation.
3.2.2 SEMI-AUTOMATED COLLECT AND XXXX TO THIRD NUMBER SERVICES.
The caller dials zero (0) plus the telephone number
desired, and selects the Collect or Xxxx To Third Number
billing option as instructed by the automated equipment.
The call is completed with the assistance of an Operator.
3.2.3 Semi-Automated Person-To-Person Service. A service in which
the caller dials zero (0) plus the telephone number desired
and asks the Operator for assistance in reaching a
particular person, or a particular PBX station,
department or office to be reached through a PBX attendant. This service applies
even if the caller agrees, after the connection is established, to speak to any
party other than the party previously specified.
3.2.4 OPERATOR HANDLED SERVICES. Services provided when the caller
dials zero (0) for Operator assistance in placing a sent
paid, calling card, collect, third number or person to
person call.
3.2.5 LINE STATUS VERIFICATION. A service in which the Operator,
upon request, will check the requested line for conversation
in progress and advise the caller.
3.2.6 BUSY LINE INTERRUPT. A service in which the caller asks the
Operator to interrupt a conversation in progress, to
determine if one of the parties is willing to speak to the
caller requesting the interrupt. Busy Line Interrupt service
applies even if no conversation is in progress at the time
of the interrupt attempt, or when the parties interrupted
refuse to terminate the conversation in progress.
3.2.7 OPERATOR TRANSFER SERVICE. A service in which the local
caller requires Operator Assistance for completion of a call
terminating outside the originating LATA.
4. BRANDING
4.1 Except where otherwise required by law, CLEC shall not,
without SBC-13STATE's prior written authorization, offer
the services covered by this Agreement using the trademarks,
service marks, trade names, brand names, logos, insignia,
symbols or decorative designs of SBC-13STATE or its
Affiliates, nor shall CLEC state or imply that there is any
joint business association or similar arrangement with
SBC-13STATE in the provision of Telecommunications Services
to CLEC's End Users.
4.2 Branding Requirements
4.2.1 Where technically feasible and/or available,
SBC-13STATE will brand Operator Services (OS)
and/or Directory Assistance (DA) in CLEC's name as
outlined below:
4.2.1.1 Provide its brand at the beginning of
each telephone call and before the
consumer incurs any charge for the call;
and
4.2.1.2 Disclose immediately to the consumer,
upon request, a quote of its rates or
charges for the call.
APPENDIX OS - SBC-13STATE
PAGE 7 OF 11
SBC-13STATE/xxxxxxxxx.xxx, INC.
010700
4.2.2 Where SBC-13STATE provides CLEC OS and DA services via the
same trunk, both OS and DA calls will be branded with the
same brand. Since SBC-13STATE's DA and OS utilize the same
trunk group, CLEC will receive the same brand for both DA
and OS.
4.2.3 CLEC agrees and warrants that it will provide to SBC-13STATE
a name to be used for branding covered by this Agreement
that matches the name in which CLEC is certified to provide
local Telecommunications Services by the applicable state
Commission.
4.3 CALL BRANDING
4.3.1 SBC-13STATE will brand OS/DA in CLEC's name based upon the
information provided by CLEC and as outlined below:
4.3.1.1 SBC-SWBT and SNET - CLEC will provide written
specifications of its company name to be used by
SBC-SWBT or SNET to create CLEC specific branding
announcements for its OS/DA calls in accordance
with the process outlined in the Operator Services
OS/DA Questionnaire (OSQ). CLEC attests that it
has been provided a copy of the OSQ.
4.3.1.2 PACIFIC/NEVADA - CLEC will provide recorded
announcement(s) of its company name to be used to
brand CLEC's OS/DA calls in accordance with the
process outlined in the OSQ. CLEC attests that it
has been provided a copy of the OSQ.
4.3.1.3 SBC-AMERITECH - CLEC will provide written
specifications of its company name to be used by
SBC-AMERITECH to brand CLEC OS/DA calls, when
technically feasible and available, in accordance
with the process outlined in the OSQ. CLEC attests
that it has been provided a copy of the OSQ.
4.4 Branding Load Charges:
4.4.1 SBC-SWBT- An initial non-recurring charge applies per state,
per brand, per Operator assistance switch for the
establishment of CLEC specific branding. An additional
non-recurring charge applies per state, per brand, per
Operator assistance switch for each subsequent change to the
branding announcement. In addition, a per call charge
applies for every OS/DA call handled by SBC-SWBT on behalf
of CLEC when multiple brands are required on a single
Operator Services trunk. These charges are set forth in
Appendix Pricing under the "Other (Resale)" category.
4.4.2 PACIFIC/NEVADA/SNET - An initial non-recurring charge
applies per state, per brand, per Operator assistance switch
for the establishment of CLEC specific branding. An
additional non-recurring charge applies per state, per
brand, per Operator assistance switch for each subsequent
change to branding announcement. These charges are set forth
in Appendix Pricing under the "Other (Resale)" category.
5. OS RATE/REFERENCE INFORMATION
5.1 CLEC will furnish OS Rate and Reference Information in a
mutually agreed to format or media thirty (30) calendar days
in advance of the date when the OS Services are to be
undertaken.
5.2 CLEC will inform SBC-13STATE, in writing, of any changes to
be made to such Rate/Reference Information fourteen calendar
days prior to the effective Rate/Reference change date. CLEC
acknowledges that it is responsible to provide SBC-13STATE
updated Rate/Reference Information in advance of when the
Rate/Reference Information is to become effective.
5.3 An initial non-recurring charge will apply per state, per
Operator assistance switch for loading of CLEC's OS
Rate/Reference Information. An additional non-recurring
charge will apply per state, per Operator assistance switch
for each subsequent change to either CLEC's OS Services Rate
or Reference Information. These charges are set forth in
Appendix Pricing under the "Other (Resale)" category.
5.4 When an SBC-13STATE Operator receives a rate request from a
CLEC End User, where technically feasible and available,
SBC-13STATE will quote the applicable OS rates as provided
by the CLEC.
5.4.1 PACIFIC/NEVADA/SBC-AMERITECH- In the interim, when
an Operator receives a rate request from a CLEC
End User, PACIFIC/NEVADA/SBC-AMERITECH will
transfer the CLEC End User to a customer care
number specified by the CLEC on the OSQ. When
PACIFIC/NEVADA/SBC-AMERITECH has the capability to
quote specific CLEC rates and reference
information, the Parties agree that the transfer
option will be eliminated.
6. INTRALATA MESSAGE RATING
6.1 SBC-SWBT - Upon request, CLEC may opt to purchase intraLATA
Message Rating Service. This service provides the message
rating function on all SBC-SWBT Operator assisted intraLATA
calls. With this service, SBC-SWBT will
compute the applicable charges for each message based on
CLEC's schedule of rates provided to SBC-SWBT.
7. HANDLING OF EMERGENCY CALLS TO OPERATOR
7.1 SBC-13STATE asks a caller placing an emergency call to
Operator for the name of his/her community and attempts to
transfer the caller to the appropriate emergency agency for
the caller's area. When the caller is unable to provide the
name of his/her community, SBC-13 STATE transfers the caller
to a default emergency agency number. When the assistance of
another Carrier's operator is required, SBC-13STATE will
attempt to reach the appropriate operator if the network
facilities for inward assistance exist. CLEC agrees to
indemnify, defend, and hold harmless SBC-13STATE from any
and all actions, claims, costs, damages, lawsuits,
liabilities, losses and expenses, including reasonable
attorney fees, arising from any misdirected calls.
8. RESPONSIBILITIES OF THE PARTIES
8.1 CLEC agrees that due to quality of service and work force
schedule issues, SBC-13STATE will be the sole provider of
OS for CLEC's local serving area(s).
8.2 CLEC will furnish to SBC-13STATE a completed OSQ, thirty
(30) calendar days in advance of the date when the OS are to
be undertaken.
8.3 CLEC will provide SBC-13STATE updates to the OSQ fourteen
(14) calendar days in advance of the date when changes are
to become effective.
9. METHODS AND PRACTICES
9.1 SBC-13STATE will provide OS to CLEC's End Users in
accordance with SBC-13STATE OS methods and practices that
are in effect at the time the OS call is made, unless
otherwise agreed in writing by both Parties.
10. PRICING
10.1 Subject to any blocking that may be ordered by CLEC for its
End Users, SBC-13STATE will provide access to Operator
Services (OS) to CLEC's End Users to the same extent it
provides OS to its own End Users. CLEC shall pay the charges
associated with the utilization of OS by CLEC's End Users.
Discounts associated with the utilization of OS are set
forth in Appendix Pricing and/or the applicable Commission
ordered tariff.
11. MONTHLY BILLING
11.1 For information regarding billing, non-payment,
disconnection, and dispute resolution, see the General Terms
and Conditions of this Agreement.
11.2 SBC-13STATE will accumulate and provide CLEC OS usage data
on CLEC's monthly xxxx for CLEC to xxxx its End Users.
12. LIABILITY
12.1 The provisions set forth in the General Terms and Conditions
of this Agreement, including but not limited to those
relating to limitation of liability and indemnification,
shall govern performance under this Appendix.
12.2 CLEC also agrees to release, defend, indemnify, and hold
harmless SBC-13STATE from any claim, demand or suit that
asserts any infringement or invasion of privacy or
confidentiality of any person or persons caused or claimed
to be caused, directly, or indirectly, by SBC-13STATE
employees and equipment associated with provision of the OS
Services, including but not limited to suits arising from
disclosure of the telephone number, address, or name
associated with the telephone called or the telephone used
to call Operator Services.
13. TERM OF APPENDIX
13.1 This Appendix will continue in force for the length of the
Resale Agreement, but no less than twelve (12) months. At
the expiration of the term of the Resale Agreement to which
this Appendix is attached, or twelve months, which ever
occurs later, either Party may terminate this Appendix upon
one hundred-twenty (120) calendar days written notice to the
other Party.
13.2 If CLEC terminates this Appendix prior to the expiration of
the term of this Appendix, CLEC shall pay SBC-13STATE,
within thirty (30) days of the issuance of any bills by
SBC-13STATE, all amounts due for actual services provided
under this Appendix, plus estimated monthly charges for the
unexpired portion of the term. Estimated charges will be
based on an average of the actual monthly service provided
by SBC-13STATE pursuant to this Appendix prior to its
termination.
14. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
14.1 Every resale service provided hereunder, shall be subject to
all rates, terms and conditions contained in this Agreement
which are legitimately related to such resale service.
Without limiting the general applicability of the foregoing,
the following terms and conditions of the General Terms and
Conditions are specifically agreed by the Parties to be
legitimately related to, and to be applicable
to, each resale service provided hereunder: introduction, definitions,
interpretation, construction and severability; description and charges of
service; notice of changes; general responsibilities of the Parties; effective
date, term and termination; fraud by end users; deposits; billing and payment of
charges; nonpayment and procedures for disconnection; services; additional terms
applicable to resale of services; ancillary services; network and service order
conditions; dispute resolution; audits; responsibilities of SWBT; disclaimer of
representations and warranties; limitation of liability; responsibilities of
CLEC; indemnification; remedies; intellectual property; notices; publicity and
use of trademarks or service marks; no license; confidentiality; intervening
law; governing law; regulatory approval; changes in End User local exchange
service provider selection; compliance and certification; law enforcement; no
third party beneficiaries; disclaimer of agency; relationship of the
Parties/independent contractor; subcontracting; delegation to affiliate;
assignment; force majeure; taxes; nonwaiver; customer inquiries; expenses;
conflicts of interest; survival; appendices incorporated by reference;
authority; counterparts; amendments and modifications; and entire agreement.
APPENDIX OSS-RESALE
TABLE OF CONTENTS
1. INTRODUCTION................................................................................3
2. DEFINITIONS.................................................................................4
3. GENERAL CONDITIONS .........................................................................4
4. PRE-ODERING.................................................................................8
5. ORDERING/PROVISIONING .....................................................................12
6. MAINTENANCE/REPAIR.........................................................................18
7. BILLING....................................................................................19
8. REMOTE ACCESS FACILITY.....................................................................20
9. OPERATIONAL READINESS TEST (ORT) FOR ORDERING/PROVISIONING
AND REPAIR/MAINTENANCE INTERFACES..........................................................21
10. MISCELLANEOUS CHARGES......................................................................22
11. EFFECTIVE DATE, TERM.......................................................................23
12. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS...................................... 23
APPENDIX OSS
(ACCESS TO OPERATIONS SUPPORT SYSTEMS FUNCTIONS)
1. INTRODUCTION
1.1 This Appendix sets forth terms and conditions for
nondiscriminatory access to Operations Support Systems (OSS)
"functions" to CLEC for pre-ordering, ordering,
provisioning, maintenance/repair, and billing provided by
the applicable SBC Communications Inc. (SBC) owned Incumbent
Local Exchange Carrier (ILEC) and CLEC.
1.2 SBC Communications Inc. (SBC) means the holding company
which owns the following ILECs: Illinois Xxxx Telephone
Company, Xxxxxxx Xxxx Telephone Company Incorporated,
Michigan Xxxx Telephone Company, Nevada Xxxx Telephone
Company, The Ohio Xxxx Telephone Company, Pacific Xxxx
Telephone Company, The Southern New England Telephone
Company, Southwestern Xxxx Telephone Company and/or
Wisconsin Xxxx, Inc. d/b/a Ameritech Wisconsin.
1.3 SBC-13STATE - As used herein, SBC-13STATE means the
applicable above listed ILEC(s) doing business in Arkansas,
California, Connecticut, Illinois, Indiana, Kansas,
Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas, and
Wisconsin.
1.4 SBC-12STATE - As used herein, SBC-12STATE means the
applicable above listed ILEC(s) doing business in Arkansas,
California, Illinois, Indiana, Kansas, Michigan, Missouri,
Nevada, Ohio, Oklahoma, Texas, and Wisconsin.
1.5 SBC-8STATE - As used herein, SBC-8STATE means an applicable
above listed ILEC(s) doing business in Arkansas, California,
Connecticut, Kansas, Missouri, Nevada, Oklahoma, and Texas.
1.6 SBC-7STATE - As used herein, SBC-7STATE means the applicable
above listed ILEC(s) doing business in Arkansas, California,
Kansas, Missouri, Nevada, Oklahoma, and Texas.
1.7 SBC-SWBT As used herein, SBC-SWBT means the applicable above
listed ILEC(s) doing business in Arkansas, Kansas, Missouri,
Oklahoma, and Texas.
1.8 SBC-AMERITECH - As used herein, SBC-AMERITECH means the
applicable above listed ILEC(s) doing business in Illinois,
Indiana, Michigan, Ohio, and Wisconsin.
1.9 PACIFIC -As used herein, PACIFIC means the applicable above
listed ILEC doing business in California.
1.10 NEVADA - As used herein, NEVADA means the applicable above
listed ILEC doing business in Nevada.
1.11 SNET - As used herein, SNET means the applicable above
listed ILEC doing business in Connecticut.
1.12 SBC-13STATE has established performance measurements to
illustrate nondiscriminatory access. These measurements are
represented in Appendix Performance Measurements.
2. DEFINITIONS
2.1 "LSC" means (i) the Local Service Center (LSC) for SWBT,
PACIFIC, and NEVADA; (ii) Local Exchange Carrier Center
(LECC) for SNET; and (iii) Information Industry Service
Center (IISC) for SBC-AMERITECH.
2.2 "LOC" means (i) the Local Operations Center (LOC) for SWBT,
PACIFIC, NEVADA, and SNET; and (ii) the Customer Response
Unit (CRU) for SBC-AMERITECH.
3. GENERAL CONDITIONS
3.1 Resale functions will be accessible via electronic
interface(s), as described herein, where such functions are
available. The Parties agree that electronic order
processing is more efficient than manual order processing.
During implementation the Parties will negotiate a threshold
volume of orders after which electronic ordering is
required. Once CLEC is submitting more than the agreed to
threshold amount, but not later than twelve (12) months from
the Effective Date of this Agreement, CLEC will no longer
submit orders manually (and SBC-13 STATE shall not be
required to accept and process orders manually) except when
the electronic order processing is unavailable for a
substantial period of time, or where a given order cannot be
processed electronically.
3.2 PROPER USE OF OSS INTERFACES:
3.2.1 For SBC-7STATE, CLEC agrees to utilize SBC-7STATE
electronic interfaces, as described herein, only
for the purposes of establishing and maintaining
Resale Services through SBC-7STATE. In addition,
CLEC agrees that such use will comply with the
summary of SBC-7STATE's Operating Practice No.
113, Protection of Electronic Information, titled
"Competitive Local Exchange Carrier Security
Policies and Guidelines". Failure to comply with
such security guidelines may result in forfeiture
of electronic access to OSS functionality. In
addition, CLEC shall be responsible for and
indemnifies SBC-7STATE against any cost, expense
or liability relating to any unauthorized entry or
access into, or use or manipulation of
SBC-7STATE's OSS from CLEC systems, workstations
or terminals or by CLEC employees or agents or any
third party gaining access through information
and/or facilities obtained from or utilized by
CLEC and shall pay SBC-7STATE for any and all
damages caused by such unauthorized entry.
3.2.2 For SNET region, CLEC agrees to access and utilize
SNET's Enhanced Services Access Platform, (ESAP),
only for the purposes described herein. CLEC
agrees that its access and use of ESAP shall, at
all times, comport with SNET's "Wholesale CIWin
User Guide", "EF User Guide", "ESAP Installation
Guide", "ESAP Help Desk Guide", "CLEC Mechanized
Interface Specification", and any other guide
describing the interface or interface requirements
that SNET may, from time to time, provide CLEC
(collectively, the "Guides"). Failure materially
to adhere to any material provision of such Guides
may result, among other things, in forfeiture of
electronic access to SNET's OSS functionality via
ESAP upon notice. In addition, CLEC shall be
responsible for and indemnifies SNET against any
cost, expense or liability relating to any
unauthorized entry or access into, or use or
manipulation of SNET's OSS or ESAP from CLEC
complimentary systems, workstations or terminals
or by CLEC employees or agents any third party
gaining access through information and/or
facilities obtained from or utilized by CLEC and
shall pay SNET for any and all damages caused by
such unauthorized entry.
3.3 Within SBC-7STATE regions, CLEC's access to pre-order
functions described in 4.2.2 and 4.3.2 will only be utilized
to view Customer Proprietary Network Information (CPNI) of
another carrier's End User where CLEC has obtained an
authorization for release of CPNI from the End User and has
obtained an authorization to become the End User's Local
Service Provider. Within SNET, and SBC-AMERITECH regions,
CLEC's access to pre-order functions described in 4.2.2 and
4.3.2 will only be utilized to view Customer Proprietary
Network Information (CPNI) of the applicable ILEC's or
requesting CLEC's End User account where CLEC has obtained
an authorization for release of CPNI from the End User and
has obtained an authorization to become the End User's Local
Service Provider. The authorization for release of CPNI must
substantially reflect the following:
3.3.1 Within SBC-7STATE regions, "This written consent
serves as instruction to all holders of my local
exchange telecommunications Customer Proprietary
Network Information (CPNI) and account
identification information to provide such
information to the undersigned CLEC. Specifically,
I authorize disclosure of my account billing name,
billing address, and directory listing
information, and CPNI, including, service
address, service and feature subscription, long
distance carrier identity, and pending service
order activity. I have authorized, CLEC to become
my local service provider. This Authorization
remains in effect until such time that I revoke it
directly or appoint another individual/company
with such capacity or undersigned receives notice
to disconnect my local exchange service or notice
that a service disconnect has been performed. At
and from such time, this Authorization is null and
void."
3.3.2 Within SNET region, "This written consent serves as
instruction to all holders of any local exchange
telecommunications Customer Proprietary Network Information
("CPNI") and account identification information to provide
such information to [Name of CLEC]. Specifically, I
authorize disclosure of any account billing name, billing
address, and directory listing information, and CPNI,
including, service address, service and feature subscription
and long distance carrier identity. This Authorization
remains in effect until such time as I [Name of Customer]
revoke(s) it directly or appoint(s) another
individual/company with such capacity or [Name of CLEC]
receives notice to disconnect my local exchange service or
notice that a service disconnect has been performed. At and
from such time, this Authorization is null and void."
3.3.3 In SBC-13STATE regions, the CLEC may choose to use THIS CPNI
language (in Section 3.3.3) in lieu of using the CPNI
language in sections 3.3.1 or 3.3.2 above (depending on
region). CLEC must have documented authorization for change
in local exchange service and release of CPNI that adheres
to all requirements of state and federal law, as applicable.
3.3.3.1 This section applies to PACIFIC ONLY for those
CLECs who opted to use CPNI language in Section
3.3.3. For residence End Users, prior to accessing
such information, CLEC 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, CLEC shall have obtained an
authorization to become the End User's local
service provider. Accessing such information by
CLEC shall constitute certification that CLEC is
in compliance with applicable requirements of
Section 2891 and Section 222 (and implementing FCC
decisions thereunder) and has complied with the
prior sentence. CLEC shall receive and retain such
information in conformance with the requirements
of 47 USC 222 (and implementing FCC decisions
thereunder). CLEC agrees to indemnify, defend and
hold harmless PACIFIC against
any claim made by a residence End User or
governmental entity against PACIFIC or CLEC under
Section 2891 or Section 222 (and implementing FCC
decisions thereunder) or for any breach by CLEC of
this section.
3.3.4 Throughout SBC-13STATE region, CLEC is solely responsible
for determining whether proper authorization has been
obtained and holds SBC-13STATE harmless from any loss on
account of CLEC's failure to obtain proper CPNI consent from
an End User.
3.4 By utilizing electronic interfaces to access OSS functions, CLEC
agrees to perform accurate and correct ordering as it relates to the
application of Resale rates and charges, subject to the terms of this
Agreement and applicable tariffs dependent on region of operation.
CLEC is also responsible for all actions of its employees using any of
SBC-13STATE's OSS systems. As such, CLEC agrees to accept and pay all
reasonable costs or expenses, including labor costs, incurred by
SBC-13STATE caused by any and all inaccurate ordering or usage of the
OSS, if such costs are not already recovered through other charges
assessed by SBC-13STATE to CLEC. In addition, CLEC agrees to indemnify
and hold SBC-13STATE harmless against any claim made by an End User of
CLEC or other third parties against SBC-13STATE caused by or related
to CLEC's use of any SBC-13STATE OSS. In addition, SBC-13STATE retains
the right to audit all activities by CLEC using any SBC-13STATE OSS.
All such information obtained through an audit shall be deemed
proprietary and shall be covered by the Parties Non-Disclosure
Agreement signed prior to or in conjunction with the execution of this
Agreement.
3.5 In areas where Resale Service order functions are not
available via an electronic interface for the pre-order,
ordering and provisioning processes, SBC-13STATE and CLEC
will use manual processes. Should SBC develop electronic
interfaces for these functions for itself, SBC will make
electronic access available to CLEC within the specific
operating region.
3.6 The Information Services (I.S.) Call Center for the
SBC-8STATE region, and the Resource Center for the
SBC-AMERITECH region provides for technical support function
of electronic OSS interfaces. CLEC will also provide a
single point of contact for technical issues related to the
CLEC's electronic interfaces.
3.7 SBC-13STATE and CLEC will establish interface contingency
plans and disaster recovery plans for the pre-order,
ordering and provisioning of Resale services.
3.8 The Parties will follow the final adopted guidelines of
Change Management, as may be modified from time to time in
accordance with the Change Management principles.
3.9 SBC-13STATE will and CLEC may participate in the Order and
Billing Forum (OBF) and the Telecommunications Industry
Forum (TCIF) to establish and conform to uniform industry
guidelines for electronic interfaces for pre-order,
ordering, and provisioning. Neither Party waives its rights
as participants in such forums or in the implementation of
the guidelines. To achieve system functionality as quickly
as possible, the Parties acknowledge that SBC-13STATE may
deploy interfaces with requirements developed in advance of
industry guidelines. Thus, subsequent modifications may be
necessary to comply with emerging guidelines. CLEC and
SBC-13STATE are individually responsible for evaluating the
risk of developing their respective systems in advance of
guidelines and agree to support their own system
modifications to comply with new requirements. In addition,
SBC-13STATE has the right to define Local Service Request
(LSR) Usage requirements according to the General Section
1.0, paragraph 1.4 of the practices in the OBF Local Service
Ordering Guidelines (LSOG), which states: "Options described
in this practice may not be applicable to individual
providers tariffs; therefore, use of either the field or
valid entries within the field is based on the providers
tariffs/practices."
3.10 Due to enhancements and on-going development of access to
SBC-13STATE's OSS functions, certain interfaces described in
this Appendix may be modified, temporarily unavailable or
may be phased out after execution of this Appendix.
SBC-13STATE shall provide proper notice of interface
phase-out as required by the Change Management process.
3.11 CLEC is responsible for obtaining operating system software
and hardware to access SBC-13STATE OSS functions as
specified in: "Requirements for Access to Southwestern Xxxx
OSS Functions" and "Requirements for Access to Pacific Xxxx
OSS Functions" and "SNET W-CIWin Installation Guide" and
"Ameritech Electronic Service Order Guide", or any other
documents or interface requirements subsequently generated
by SBC-13STATE for any of its regions.
4. PRE-ORDERING
4.1 SBC-13STATE will provide real time access to pre-order
functions to support CLEC ordering of Resale services. 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 so
that CLEC order requests may be created to comply with
SBC-13STATE region-specific ordering requirements.
4.2 PRE-ORDERING FUNCTIONS FOR RESALE SERVICES INCLUDE:
4.2.1 For SBC-7STATE, features and services available at a valid
service address (as applicable) or, for SNET, features will
be available based on NPA-NXX;
4.2.2 Access to SBC-13STATE retail or resold CPNI and account
information for pre-ordering will include: billing name,
service address, billing address, service and feature
subscription, directory listing information, long distance
carrier identity, and for SBC-12STATE only, pending service
order activity. CLEC agrees that CLEC's representatives will
not access the information specified in this subsection
until after the End User requests that his or her Local
Service Provider be changed to CLEC, and an End User
authorization for release of CPNI complies with conditions
as described in section 3.2 of this Appendix.
4.2.3 A telephone number (if the End User does not have one
assigned) with the End User on-line;
4.2.4 Service availability dates to the End User (where
available);
4.2.5 Information regarding whether dispatch is required;
4.2.6 For SBC-12STATE, Primary Interexchange Carrier (PIC) options
for intraLATA toll and interLATA toll; and
4.2.7 Service address verification.
4.3 ELECTRONIC ACCESS TO PRE-ORDER FUNCTIONS:
4.3.1 SBC-SWBT RESALE SERVICES PRE-ORDER SYSTEM AVAILABILITY:
SBC-SWBT will provide CLEC access to one or more of the
following systems:
4.3.1.1 Residential Easy Access Sales Environment
(R-EASE): R-EASE is an ordering entry system
through which SBC-SWBT provides CLEC access to the
functions of pre-ordering to order SBC-SWBT
residential Resale services.
4.3.1.2 Business Easy Access Sales Environment (B-EASE):
B-EASE is an ordering entry system through which
SBC-SWBT provides CLEC access to the functions of
pre-ordering to order SBC-SWBT business Resale
services.
4.3.2 PACIFIC AND NEVADA RESALE SERVICES PRE-ORDER SYSTEM
AVAILABILITY: PACIFIC will provide CLEC access to the
following system:
4.3.2.1 Service Order Retrieval and Distribution (SORD) is
available for the pre-order function of viewing
the CPNI, when SORD is used to order PACIFIC
Resale service.
4.3.2.2 StarWriter is available for the pre-ordering
functions listed in section 4.2 when StarWriter is
used to order PACIFIC single line, basic exchange,
residential Resale services.
4.3.3 SNET RESALE SERVICE PRE-ORDER SYSTEM AVAILABILITY:
SNET will provide CLEC access to the following
applications through its proprietary W-CIWin interface.
4.3.3.1 W-SNAP is an order entry application through which
SNET provides CLEC access to pre-ordering
functionality embedded in the ordering tool.
4.3.3.2 CCTOOLS is a toolbar that provides icons for
accessing pre-order GUI applications.
4.3.3.3 Electronic Forms (EF) is an automated workflow
process for obtaining pre-order information for
specific complex resale products.
4.3.4 SNET RESALE SERVICES PRE-ORDER SYSTEM AVAILABILITY:
SNET will provide CLEC access to its MSAP:
4.3.4.1 MSAP is an Electronic Data Interchange (EDI) based
interface which provides access to pre-order
functions.
4.3.5 SBC-AMERITECH RESALE SERVICES PRE-ORDER SYSTEM AVAILABILITY:
SBC-AMERITECH will provide CLEC access to the following
system:
4.3.5.1 TCNet and EDI are available for the pre-ordering
functions listed in section 4.2.
4.3.6 RESALE PRE-ORDER SYSTEM AVAILABILITY: SBC-7STATE will
provide CLEC access to the following systems (except as
noted in section 4.3.6.3):
4.3.6.1 DataGate is a transaction-based data query system
through which SBC-7STATE provides CLEC access to
pre-ordering functions.
This gateway shall be a Transmission Control
Protocol/Internet Protocol (TCP/IP) gateway and
will, once CLEC has developed its own interface,
allow CLEC to access the pre-order functions for
Resale services. An industry standard EDI/CORBA
Pre-ordering Gateway is also provided by
SBC-7STATE. This pre-ordering gateway supports
two structural protocols, EDI and CORBA, as
recommended by the technical industry committees.
EDI/CORBA, like DataGate, is an
application-to-application interface that can be
integrated with the CLEC's own negotiation system
and that supports both Resale services. Where
DataGate follows industry guidelines, but is based
on SBC-7STATE's proprietary pre-ordering
functionality, EDI/CORBA is an industry-wide
standard pre-ordering interface.
4.3.6.2 Verigate is a CLEC interface developed by
SBC-7STATE that provides access to the
pre-ordering functions for Resale Services.
Verigate is accessible via Toolbar.
4.3.6.3 XXXXX is a PACIFIC and NEVADA system which is
available on an interim basis provides pre-order
functions for Resale service, with the exception
of viewing CPNI. The pre-order functionality of
XXXXX will be replaced by Verigate.
4.4 OTHER PRE-ORDER FUNCTION AVAILABILITY:
4.4.1 Where pre-ordering functions are not available
electronically, CLEC will manually request this information
from the LSC, dependent on operating region, for inclusion
on the service order request.
4.4.2 Upon request, but not more frequently than once a month,
SBC-SWBT will provide CLEC certain pre-order information in
batch transmission for the purposes of back-up data for
periods of system unavailability. Specifically for SBC-SWBT
and SBC-AMERITECH, the following database information may be
electronically provided: Street Address Guide (SAG) Guide,
Service and Feature Availability by NXX, and a PIC list, to
support address verification, service and feature
availability and PIC availability, respectively.
Specifically for PACIFIC, the following database information
may be electronically provided: Street Address Guide (SAG)
Guide (with planned availability no later than June 1st,
2000), and a PIC list, to support address verification,
service and feature availability and PIC availability,
respectively. The Parties recognize such information must be
used to construct order requests only in exception handling
situations.
5. ORDERING/PROVISIONING
5.1 SBC-13STATE provides access to ordering functions (as
measured from the time SBC-13STATE receives accurate service
requests from the interface) to support CLEC provisioning of
Resale services via one or more electronic interfaces. To
order Resale services, CLEC will format the service request
to identify what features, services, or elements it wishes
SBC-13STATE to provision in accordance with applicable
SBC-13STATE ordering requirements. SBC-13STATE will provide
CLEC access to one or more of the following systems or
interfaces:
5.2 RESALE SERVICE ORDER REQUEST SYSTEM AVAILABILITY:
5.2.1 In SBC-SWBT:
5.2.1.1 R-EASE is available for the ordering of
residential Resale services.
5.2.1.2 B-EASE is available for the ordering of
business Resale services.
5.2.1.3 SORD interface provides CLECs with the
ability to create certain complex Resale
orders that cannot be ordered through
Easy Access Sales Environment (EASE),
Electronic Data Interchange (EDI) or
Local Exchange (LEX). In addition, the
SORD interface supports the modification
of service orders submitted
electronically by CLEC. The Parties
agree that the following conditions are
applicable to electronically generated
service orders with errors corrected via
SORD: If CLEC elects to correct service
order errors via SORD, CLEC will be
responsible for correcting all errors
occurring prior to completion on any
orders submitted electronically by CLEC.
If CLEC chooses to use SORD to issue
orders, then CLEC becomes responsible
for correction of all service order
errors between order application and
order completion that occur on
mechanically generated service orders
created or modified by CLEC. CLEC may
need to call the LSC to obtain
additional information. CLEC may also
choose to clear service order errors,
even though CLEC is not initiating
service orders via SORD. CLEC would then
become responsible for correction of all
errors, as detailed above.
5.2.2 In NEVADA only:
5.2.2.1 Pacific Xxxx Service Manager (PBSM) is
available for ordering Centrex and ISDN
Resale services.
5.2.2.2 When available, SORD system will support
the ordering of all Resale Services. If
CLEC chooses to use SORD to issue
orders, then CLEC becomes responsible
for correction of all service order
errors between order application and
order completion that occur on
mechanically generated service orders
created or modified by CLEC. CLEC may
need to call the LSC to obtain
additional information. CLEC may also
choose to clear service order errors,
even though CLEC is not initiating
service orders via SORD. CLEC would then
become responsible for correction of all
errors, as detailed above.
5.2.3 In PACIFIC only:
5.2.3.1 StarWriter supports the ordering of
single line, basic exchange, and
residential Resale services.
5.2.3.2 Pacific Xxxx Service Manager (PBSM) is
available for ordering Centrex and ISDN
Resale services.
5.2.3.3 SORD system supports the ordering of all
Resale Services. If CLEC chooses to use
SORD to issue orders, then CLEC becomes
responsible for correction of all
service order errors between order
application and order completion that
occur on mechanically generated service
orders created or modified by CLEC. CLEC
may need to call the LSC to obtain
additional information. CLEC may also
choose to clear service order errors,
even though CLEC is not initiating
service orders via SORD. CLEC would then
become responsible for correction of all
errors, as detailed above.
5.2.3 In SNET, Resale ordering is supported by W-CIWin
(SNET'S proprietary GUI interface).
5.2.3.1 W-SNAP is made available for the
ordering of non-complex Resale products
and services.
5.2.3.2 Order Negotiation (as part of CCTOOLS)
is made available for the ordering of
complex Resale products and services.
5.2.3.3 Electronic Forms (EF) is an automated
workflow process for ordering of
specific complex Resale products and
services.
5.3 RESALE SERVICE ORDER REQUEST ORDERING SYSTEM AVAILABILITY:
5.3.1 SBC-13STATE makes available to CLEC an Electronic
Data Interchange (EDI) interface for transmission
OF SBC-13STATE ordering requirements via formats
provided on the Local Service Request (LSR) as
defined by the OBF and via EDI mapping as defined
by TCIF. In ordering and provisioning Resale,
CLEC and SBC-13STATE will utilize industry
guidelines developed by OBF and TCIF EDI to
transmit data based upon SBC-13STATE's Resale
ordering requirements, dependent on operating
region. In addition, Local Number Portability
(LNP) and, where applicable, Interim Number
Portability (INP), will be ordered consistent with
the OBF LSR and EDI process.
5.3.2 For SBC-SWBT and PACIFIC regions, and NEVADA (when
available), the SORD interface supports the
modification of service orders submitted
electronically by CLEC. The Parties agree that the
following conditions are applicable to
electronically generated service orders with
errors corrected via SORD: If CLEC chooses to use
SORD to issue orders, then CLEC becomes
responsible for correction of all service order
errors between order application and order
completion that occur on mechanically generated
service orders created or modified by CLEC. CLEC
may need to call the LSC to obtain additional
information. CLEC may also choose to clear service
order errors, even though CLEC is not initiating
service orders via SORD. CLEC would then become
responsible for correction of all errors, as
detailed above. CLEC assumes all responsibility
for End User out of service conditions which
result from disconnect and new connect orders
submitted and worked out of sequence.
5.3.4 For SBC-SWBT and PACIFIC, LEX is an End User
interface that provides access to the ordering
functions for Resale Services.
5.3.5 In SNET, MSAP (SNET's, EDI-based industry standard
app-to-app interface) is available for the
ordering of both complex and non-complex Resale
Services.
5.4 PROVISIONING FOR RESALE SERVICES IN SBC-SWBT: SBC-SWBT will
provision Resale services as detailed in CLEC order
requests. Access to status on such orders will be provided
via the following electronic interfaces:
5.4.1 Order Status will allow CLEC to check service
order status. Order Status and Provisioning Order
Status are both accessible via SBC-SWBT Toolbar.
In addition, pending orders can be viewed in SORD.
5.4.2 For EDI ordering, SBC-SWBT will provide, and CLEC shall use,
an EDI interface for transferring and receiving orders, Firm
Order Confirmation (FOC), service completion, and, as
available, other provisioning data and information.
SBC-SWBT will provide CLEC with a FOC for each Resale
service request. The FOC will include: purchase order
number, telephone number, LSR number, due date, service
order number, and completion date. Upon work completion,
SBC-SWBT will provide CLEC with an 855 EDI
transaction-based order completion that states when that
order was completed. CLEC may submit supplement requests
via the 860 EDI transaction, and, where available,
SBC-SWBT will provide CLEC an 865 EDI transaction-based
completion notice.
5.4.3 The Parties agree that the following timelines are
applicable to electronically generated service orders with
errors corrected via SORD:
5.4.3.1 Errors occurring between application and
distribution must be corrected within five (5)
hours for a simple order and within twenty four
(24) hours for a complex order;
5.4.3.2 Error Service Order Image (ESOI) errors must be
corrected within three (3) business hours.
5.4.3.3 Service orders will be excluded from calculation
of the results for all related performance
measurements, described in Appendix Performance
Measurements, if CLEC fails to correct service
order errors within the timeframes specified in
this Section 5.4.3.
5.4.3.4 Additionally, service orders with errors that
occur after order generation, but prior to
distribution will not qualify for a SBC-SWBT
issued FOC.
5.4.3.5 The Parties agree that the following conditions
are applicable to electronically generated service
orders with errors corrected via SORD: If CLEC
chooses to use SORD to issue orders, then CLEC
becomes responsible for correction of all service
order errors between order application and order
completion, that occur on mechanically generated
service orders created or modified by CLEC. CLEC
may need to call LSC to obtain additional
information. CLEC may also choose to clear service
order errors, even though CLEC is not initiating
service orders via SORD. CLEC would then become
responsible for correction of all errors, as
detailed above.
5.4.4 A file transmission may be provided to confirm order
completions for R-EASE or B-EASE order processing. This file
will provide service order information of all distributed
and completed orders for CLEC.
5.4.5 The Parties agree that the following timelines are
applicable to electronically generated service orders with
errors corrected via SORD:
5.4.5.1 Errors occurring between application and
distribution must be corrected prior to releasing
the order from EASE;
5.4.5.2 Error Service Order Image (ESOI) errors must be
corrected within three (3) business hours
5.4.5.3 Service orders will be excluded from calculation
of the results for the related performance
measurements, described in Appendix Performance
Measurements, if CLEC fails to correct service
order errors within the timeframes specified in
this Section 5.4.5.
5.4.5.4 Service orders with errors that occur after order
generation, but prior to distribution, will not
qualify for a SBC-SWBT issued FOC.
5.4.5.5 The Parties agree that the following conditions
are applicable to electronically generated service
orders with errors corrected via SORD: If CLEC
chooses to use SORD to issue certain service
orders, then CLEC is responsible for correction of
all service order errors between order application
and order completion that occur on mechanically
generated service orders created or modified by
CLEC. CLEC may need to call LSC to obtain
additional information. CLEC may also choose to
clear service order errors, even though CLEC is
not initiating service orders via SORD. CLEC would
then become responsible for correction of all
errors, as detailed above.
5.4 Provisioning for Resale services in PACIFIC and NEVADA: PACIFIC and
NEVADA will provision Resale services as detailed in CLEC order
requests. Access to status on such orders is provided via the
following electronic interfaces:
5.5.1 Pacific Xxxx Order Dispatch (PBOD) functions via DataGate
allows CLEC to check status of basic exchange service orders
that require field work. PACIFIC also offers Provisioning
order status to check the status of service orders.
5.5.2 For EDI ordering, PACIFIC shall provide CLEC, and CLEC shall
use, an EDI interface for transferring and receiving orders,
Firm Order Confirmation (FOC), service completion, and, as
available, other provisioning data and information. PACIFIC
will provide CLEC with a FOC for each Resale service. The
FOC will include: purchase order number, telephone number,
LSR number, due date, service order number, and completion
date. Upon work completion, PACIFIC will provide CLEC with
an 855 EDI transaction-based order completion that states
when that order was completed. CLEC may submit supplement
requests via the 860 EDI transaction, and, where available,
PACIFIC will provide CLEC an 865 EDI transaction-based
completion notice.
5.5.3 The Parties agree that the following timelines are
applicable to electronically generated service orders with
errors corrected via SORD:
5.5.3.1 Errors occurring between application and
distribution must be corrected within five (5)
hours for a simple order and within twenty four
(24) hours for a complex order;
5.5.3.2 Error Service Order Image (ESOI) errors must be
corrected within three (3) business hours.
5.5.3.3 Service orders will be excluded from calculation
of the results for all related performance
measurements, described in Appendix Performance
Measurements, if CLEC fails to correct service
order errors within the timeframes specified in
this Section 5.5.3.
5.5.3.4 Service orders with errors that occur after order
generation, but prior to distribution will not
qualify for a PACIFIC issued FOC.
5.5.3.5 The Parties agree that the following conditions
are applicable to electronically generated service
orders with errors corrected via SORD: If CLEC
chooses to use SORD to issue orders, then CLEC
becomes responsible for correction of all service
order errors between order application and order
completion that occur on mechanically generated
service orders created or modified by CLEC. CLEC
may need to call LSC to obtain additional
information. CLEC may also choose to clear service
order errors, even though CLEC is not initiating
service orders via SORD. CLEC would then become
responsible for correction of all errors, as
detailed above.
5.6 PROVISIONING FOR RESALE SERVICES IN SBC-AMERITECH AND SNET:
SBC-AMERITECH and SNET will provision Resale services as
detailed in CLEC
order requests. Access to status on such orders will be
provided via the following electronic interfaces:
5.6.1 For EDI ordering, SBC-AMERITECH and SNET provide
CLEC, and CLEC shall use, an EDI interface for
transferring and receiving orders, FOC, Service
Order Completion (SOC), and, as available, other
provisioning data and information. SBC-AMERITECH
and SNET will provide CLEC with a FOC for each
Resale service. The FOC will include purchase
order number, telephone number, LSR number, due
date, and service order number. Upon work
completion, SBC-AMERITECH and SNET will provide
CLEC with an 855 EDI transaction-based Service
Order Completion (SOC) that states when that order
was completed. CLEC may submit supplement requests
via the 860 EDI transaction, and, where available,
SBC-AMERITECH and SNET will provide CLEC an 865
EDI transaction-based completion notice.
6. MAINTENANCE/REPAIR
6.1 Two real time electronic interfaces are accessible in each
region to place, and check the status of, trouble reports
for both Resale services. Upon request, CLEC may access
these functions via the following methods:
6.1.1 In SBC-SWBT, Trouble Administration (TA) system
access provides CLEC with SBC-SWBT software that
allows CLEC to submit trouble reports and
subsequently check status on trouble reports for
CLEC End-Users. TA will provide the ability to
review the maintenance history of a converted
Resale CLEC account. TA is accessible via SBC-SWBT
Toolbar.
6.1.2 In PACIFIC and NEVADA, Pacific Xxxx Service
Manager (PBSM) allows CLECs to perform MLT, issue
trouble tickets, view status, and view trouble
history on-line.
6.1.3 In SBC-AMERITECH, Electronic Bonding for Trouble
Administration (EBTA-GUI) and Intelligent Customer
Advocate System (ICAS) allows CLEC to issue
trouble tickets, view status, and view trouble
history online.
6.1.4 In SNET the maintenance and repair functionality
for Resale services is available via the MSAP EDI
interface. In addition, for Resale products and
services, trouble history and trouble status
functions are available via CCTOOLS.
6.1.5 In SBC-12STATE, Electronic Bonding Interface (EBI)
is an interface that is available for trouble
report submission and status updates. EBI conforms
to ANSI guidelines T1:227:1995 and T1.228:1995,
Electronic Communications Implementation Committee
(ECIC) Trouble Report Format Definition (TFRD)
Number 1 as defined in ECIC document
ECIC/TRA/95-003, and all guidelines referenced
within those documents, as mutually agreed upon
by CLEC and SBC-12STATE. Functions currently
implemented include Enter Trouble, Request Trouble
Report Status, Add Trouble Information, Modify
Trouble Report Attributes, Trouble Report
Attribute Value Change Notification, and Cancel
Trouble Report, as explained in 6 and 9 of ANSI
T1.228:1995. CLEC and SBC-12STATE will exchange
requests over a mutually agreeable X.25-based
network.
7. BILLING
7.1 SBC-7STATE will xxxx XXXX for Resold services. SBC-7STATE
will send associated billing information to CLEC as
necessary to allow CLEC to perform billing functions. At
minimum SBC-7STATE will provide CLEC billing information in
a paper format or via magnetic tape, as agreed to between
CLEC and SBC-7STATE.
7.1.1 For Resale Services in PACIFIC, CLEC may elect to
receive Custom Billing Disk/ CD Xxxx. Custom
Billing Disk/ CD Xxxx provides an electronic xxxx
with the same information as a paper xxxx along
with various reporting options.
7.1.2 For Resale Services in SBC-AMERITECH, CLEC may
elect to receive its xxxx on CD.
7.2 Electronic access to billing information for Resale services
will also be available via the following interfaces:
7.2.1 In SBC-SWBT, CLEC may receive Xxxx Plus-TM-, an
electronic version of its xxxx, as described in,
and in accordance with, SBC-SWBT's Local Exchange
Tariff.
7.2.2 In SBC-SWBT, CLEC may also view billing
information through the Xxxx Information
interface. Xxxx Information will be accessible via
SBC-SWBT Toolbar.
7.2.3 In SBC-7STATE, CLEC may receive a mechanized xxxx
format via the EDI 811 transaction set.
7.2.4 In SBC-12STATE, CLEC may receive electronically a
Usage Extract Feed, or in SNET, a Daily Usage Feed
(DUF). On a daily basis, this feed provides
information on the usage billed to its accounts
for Resale services in the industry standardized
EMR format.
7.2.5 In SBC-7STATE, CLEC may receive Local Disconnect
Report records (via CARE records) or, in SNET Loss
Notification File (via CARE-like records),
electronically, that indicate when CLEC's End
Users change their Competitive Local Exchange
Carrier. In SBC-AMERITECH this information is
provided via the EDI 836 transaction set.
7.2.6 In SNET, CLEC may receive a Billing Detail File on
cartridge or magnetic tape.
7.2.7 In SBC-AMERITECH, CLEC may receive a mechanized
xxxx via the SBC-AMERITECH Electronic Billing
System (AEBS) transaction set.
8. REMOTE ACCESS FACILITY
8.1 For the SBC-SWBT region, CLEC must access the following
OSS interfaces via a CLEC Remote Access Facility (LRAF)
located in Dallas, Texas: R-EASE; B-EASE; DataGate;
EDI-Ordering; SORD; Electronic Bonding via EDI/SSL or CORBA;
and via Toolbar, Trouble Administration, Order Status,
Provisioning Order Status, Verigate, LEX, and Xxxx
Information. Connection to the LRAF will be established via
a "port" either through dial-up or direct connection as
described in Section 8.3. CLEC may utilize a port to access
these interfaces to perform the supported functions in any
SBC-SWBT state where CLEC has executed an Appendix OSS.
8.2 In PACIFIC and NEVADA regions, CLEC must access the
following OSS interfaces via a CLEC Remote Access Facility
(PRAF) located in Fairfield, California: StarWriter;
DataGate; EDI-Ordering; SORD; Electronic Bonding via EDI/SSL
or CORBA; and via Toolbar Verigate, LEX, Order Status, and
Provisioning Order Status. Connection to the PRAF will be
established via a "port" either through dial-up or direct
connection as described in Section 8.3. CLEC may utilize a
port to access these interfaces to perform the supported
functions in PACIFIC or NEVADA where CLEC has executed an
Appendix OSS and purchases System Access in that state.
8.3 For SBC-7STATE, CLEC may use three types of access:
Switched, Private Line, and Frame Relay. For Private Line
and Frame Relay "Direct Connections," CLEC shall provide its
own router, circuit, and two Channel Service Units/Data
Service Units (CSU/DSU). The demarcation point shall be the
router interface at the LRAF and/or PRAF. Switched Access
"Dial-up Connections" require CLEC to
provide its own modems and connection to the SBC-SWBT LRAF
and the PACIFIC PRAF. CLEC shall pay the cost of the call if
Switched Access is used.
8.4 For SBC-7STATE, CLEC shall use TCP/IP to access SBC-7STATE
OSS via the LRAF and the PRAF. In addition, each CLEC shall
have one valid Internet Protocol (IP) network address per
region. CLEC shall maintain a user-id /password unique to
each individual for accessing a SBC-SWBT OSS and PACIFIC OSS
on CLEC's behalf. CLEC shall provide estimates regarding its
volume of transactions, number of concurrent users, desired
number of private line or dial-up (switched) connections,
and length of a typical session.
8.5 For SBC-7STATE, CLEC shall attend and participate in
implementation meetings to discuss CLEC LRAF/PRAF access
plans in detail and schedule testing of such connections.
8.6 For SBC-AMERITECH, CLEC may use four types of access: DSO
(56KB), DS1 (1.5MB), dedicated and Frame Relay (DSO and
DS 1). CLEC shall provide its own router, circuit, and two
Channel Service Units/Data Service Units (CSU/DSU). CLEC
must use a legal IP address for its end of the connection.
8.7 For SNET region, CLEC may use a private line connection.
The CLEC shall provide and maintain own router and CSU/DSU.
9. OPERATIONAL READINESS TEST (ORT) FOR ORDERING/PROVISIONING AND REPAIR/
MAINTENANCE INTERFACES
9.1 Prior to live access to interface functionality, the Parties
must conduct Operational Readiness Testing (ORT), which will
allow for the testing of the systems, interfaces, and
processes for the OSS functions. ORT will be completed in
conformance with agreed upon processes and implementation
dates.
9.2 Prior to live system usage, CLEC must complete user
education classes for SBC-13STATE-provided interfaces that
affect the SBC-13STATE network. Course descriptions for all
available classes by region are posted on the CLEC website
in the Customer Education section. CLEC Training schedules
by region are also available on the CLEC website and are
subject to change, with class lengths varying. Classes are
train-the-trainer format to enable CLEC to devise its own
course work for its own employees. Charges as specified
below will apply for each class:
==============================================================================================================================
Training Rates 5 day 4.5 day 4 day 3.5 day 3 day 2.5 day 2 day 1.5 day 1 day 1/2 day
class class class class class class class class class class
------------------------------------------------------------------------------------------------------------------------------
1 to 5 students $4,050 $3,650 $3,240 $2,835 $2,430 $2,025 $1,620 $1,215 $ 810 $405
6 students .... $4,860 $4,380 $3,890 $3,402 $2,915 $2,430 $1,945 $1,455 $ 970 $490
7 students .... $5,670 $5,100 $4,535 $3,969 $3,400 $2,835 $2,270 $1,705 $1,135 $570
8 students .... $6,480 $5,830 $5,185 $4,536 $3,890 $3,240 $2,590 $1,950 $1,300 $650
9 students .... $7,290 $6,570 $5,830 $5,103 $4,375 $3,645 $2,915 $2,190 $1,460 $730
10 students ... $8,100 $7,300 $6,480 $5,670 $4,860 $4,050 $3,240 $2,430 $1,620 $810
11 students ... $8,910 $8,030 $7,130 $6,237 $5,345 $4,455 $3,565 $2,670 $1,780 $890
12 students ... $9,720 $8,760 $7,780 $6,804 $5,830 $4,860 $3,890 $2,920 $1,945 $970
==============================================================================================================================
9.3 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 SBC-13STATE and CLEC
payment is due thirty (30) days following the xxxx date.
CLEC agrees that personnel from other competitive Local
Service Providers may be scheduled into any class to fill
any seats for which the CLEC has not contracted. Class
availability is first-come, first served with priority given
to CLECs who have not yet attended the specific class.
9.4 Class dates will be based upon SBC-13STATE availability and
will be coordinated among CLEC, the CLEC's SBC-13STATE
Account Manager, and SBC-13STATE Industry Markets CLEC
Training Product Management.
9.5 CLEC agrees to pay the cancellation fee of the full price
noted in the separate agreement if CLEC cancels scheduled
classes less than two (2) weeks prior to the scheduled start
date. CLEC agrees to provide to SBC-13STATE completed
registration forms for each student no later than one week
prior to the scheduled training class.
9.6 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 SBC-13STATE
system are strictly prohibited.
9.7 CLEC further agrees that training material, manuals and
instructor guides can be duplicated only for internal use
for the purpose of training employees to utilize the
capabilities of SBC-13STATE's OSS in accordance with this
Appendix and shall be deemed "Proprietary Information" and
subject to the terms, conditions and limitations of Section
O of the General Terms and Conditions.
10. MISCELLANEOUS CHARGES
10.1 For SBC-SWBT region only, CLEC requesting the Xxxx
Plus-TM-, as described in 7.2.1, agrees to pay applicable
tariffed rate, less Resale discount.
10.2 For SBC-7STATE, CLEC requesting the billing function for
Usage Billable Records, as described in 7.2.4 and 75.3.3,
agrees to pay established rates pursuant to Appendix
Pricing.
10.3 For SBC-7STATE, CLEC requesting the Local Disconnect Report,
as described in 7.2.5 and 7.3.4, agrees to pay established
rates pursuant to Appendix Pricing.
10.4 For SBC-13STATE, should CLEC request custom development of
an exclusive interface to support OSS functions, such
development will be considered by SBC-13STATE on an
Individual Case Basis (ICB) and priced as such.
10.5 SNET will charge for the Billing Detail File, Daily Usage
Feed, and Loss Notification File at rates filed and approved
by DPUC.
11. EFFECTIVE DATE, TERM
11.1 Whereas CLEC is currently operational under an existing,
approved Interconnection Agreement, this Appendix OSS will
be effective, pending Commission approval, ten (10) days
after it is filed with the state Commission; or,
alternatively, this Appendix will be effective upon approval
by the state Commission when it is approved as a part of the
Interconnection Agreement, whichever is earlier.
12. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
12.1 Every resale service provided hereunder, shall be subject to
all rates, terms and conditions contained in this Agreement
which are legitimately related to such resale service.
Without limiting the general applicability of the foregoing,
the following terms and conditions of the General Terms and
Conditions are specifically agreed by the Parties to be
legitimately related to, and to be applicable to, each
resale service provided hereunder: introduction,
definitions, interpretation, construction and severability;
description and charges of service; notice of changes;
general responsibilities of the Parties; effective date,
term and termination; fraud by end users; deposits; billing
and payment of charges; non-payment and procedures for
disconnection; services; additional terms applicable to
resale of services; ancillary services; network and service
order conditions; dispute resolution; audits;
responsibilities of SWBT; disclaimer of representations and
warranties; limitation of liability; responsibilities of
CLEC; indemnification; remedies; intellectual property;
notices; publicity and use of trademarks or service marks;
no license; confidentiality; intervening law; governing
law; regulatory approval; changes in End User local exchange
service provider selection; compliance and certification;
law enforcement; no third party beneficiaries; disclaimer of
agency; relationship of the Parties/independent contractor;
subcontracting; delegation to affiliate; assignment; force
majeure; taxes; non-
waiver; customer inquiries; expenses; conflicts of interest;
survival; appendices incorporated by reference; authority;
counterparts; amendments and modifications; and entire
agreement.
APPENDIX
PERFORMANCE MEASUREMENTS
(RESALE)
TABLE OF CONTENTS
1. INTRODUCTION...................................................................................3
2. DEFINITIONS....................................................................................4
3. SPECIFIED PERFORMANCE STANDARDS................................................................4
4. RECORDS AND REPORTS............................................................................5
5. PERFORMANCE MEASUREMENTS.......................................................................5
6. APPLICABILITY OF OTHER RATES, TERMS, AND CONDITION............................................10
APPENDIX PERFORMANCE MEASUREMENTS
1. INTRODUCTION
1.1 This Appendix sets forth the measurements, if met by the
applicable SBC Communications Inc. (SBC) owned Incumbent
Local Exchange Carrier (ILEC) demonstrate non-discriminatory
access to SBC-13STATE's Operations Support Systems (OSS) and
cover the five recognized OSS functions (Pre-Ordering,
Ordering, Provisioning, Maintenance and Repair, and
Billing).
1.2 SBC Communications Inc. (SBC) means the holding company
which owns the following ILECs: Illinois Xxxx Telephone
Company, Xxxxxxx Xxxx Telephone Company, Michigan Xxxx
Telephone Company, Nevada Xxxx Telephone Company, The Ohio
Xxxx Telephone Company, Pacific Xxxx Telephone Company, The
Southern New England Telephone Company, Southwestern Xxxx
Telephone Company and/or Wisconsin Xxxx, Inc. d/b/a
Ameritech Wisconsin.
1.3 As used herein, SBC-13STATE means the applicable above
listed ILEC doing business in Arkansas, California,
Connecticut, Illinois, Indiana, Kansas, Michigan, Missouri,
Nevada, Ohio, Oklahoma, Texas, and Wisconsin.
1.4 As used herein, SBC-SWBT means the applicable above listed
ILEC doing business in Arkansas, Kansas, Missouri, Oklahoma,
and Texas.
1.5 As used herein, SBC-AMERITECH means the applicable above
listed ILEC doing business in Illinois, Indiana, Michigan,
Ohio, and Wisconsin.
1.6 As used herein, SNET means the applicable above listed ILEC
doing business in Connecticut.
1.7 As used herein, PACIFIC means the applicable above listed
ILEC doing business in California.
1.8 As used herein, NEVADA means the applicable above listed
ILEC doing business in Nevada.
1.9 The performance measurements contained herein,
notwithstanding any provisions in any other appendix in this
Agreement, are not intended to create, modify or otherwise
affect parties' rights and obligations with respect to OSS
access. The existence of any particular performance measure,
or the language
describing that measure, is not evidence that CLEC is
entitled to any particular manner of access, nor is it
evidence that SBC-13STATE is limited to providing any
particular manner of access. The parties' rights and
obligations to such access are defined elsewhere, including
the relevant laws, FCC and PUC decisions/regulations,
tariffs, and within this interconnection agreement.
2. DEFINITIONS
2.1 When used in this Appendix, the following terms will have
the meanings indicated:
2.1.1 PERFORMANCE CRITERIA
2.1.1.1 The target level of SBC-13STATE
performance specified for each
Performance Measurement. Generally, the
Performance Measurements contained in
this Appendix specify performance equal
to that which SBC-13STATE achieves for
itself in providing equivalent end user
service as the Performance Criterion.
2.1.1.2 Performance Measurements for which
parity calculations are not possible
have a specified STANDARD as the
Performance Criterion. Compliance is
assessed by comparing the result
obtained by the CLEC with the applicable
standard using an appropriate
statistical test. For certain
Performance Measurements, a specific
quantitative target has been adopted as
the Performance Criterion. The
determination of compliance is through
the comparison of the measured
performance delivered to CLEC and the
applicable benchmark.
2.1.2 PERFORMANCE MEASURES
2.1.2.1 The set of measures listed in all of
Section 5 of this Appendix.
2.1.3 NON-COMPLIANCE
2.1.3.1 The failure by SBC-13STATE to meet the
Performance Criteria for any performance
measure identified as an available
measurement type in Section 5.
3. SPECIFIED PERFORMANCE STANDARDS
3.1 SBC-13STATE will meet the Performance Criteria contained in
this Appendix, except for noncompliance with a performance
measurement to the
extent that such noncompliance was the result of actions or
events beyond SBC-13STATE's control, including but not
limited to the following: (i) a Force Majeure event; (ii) an
act or omission by a CLEC that is contrary to any of its
obligations under its interconnection agreement with
SBC-13STATE or law; (iii) environmental events beyond
SBC-13STATE's control even though not considered "Force
Majeure"; and (iv) problems associated with third-party
systems or equipment which could not be avoided by
SBC-13STATE through the exercise of reasonable diligence,
regardless of whether or not such third party systems or
equipment were sold to or otherwise being provided to
SBC-13STATE.
4. RECORDS AND REPORTS
4.1 SBC-13STATE will not levy a separate charge for provision of
the data to CLEC called for under this Appendix.
Notwithstanding other provisions of this Agreement, the
Parties agree that such data and associated records will be
deemed Proprietary Information.
4.2 Reports are to be made available to the CLEC by the 20th
day following the close of the calendar month. If the
20th day falls on a weekend or holiday, the reports will
be made available the next business day.
4.3 CLEC will have access to monthly reports through an
interactive Website.
4.4 UNE measurement categories included on the reports will
be zero filled as that data is not applicable to resale
services.
5. PERFORMANCE MEASUREMENTS
SBC-13STATE will provide the following Performance Measurements, in
accordance with the Business Rules, under this Agreement:
5.1 PRE-ORDERING/ORDERING
5.1.1 MEASUREMENT: FOC Timeliness
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
All Res and Bus - 95%(1)
Complex Bus - 94%
*PACIFIC/NEVADA
Fully electronic flow through - average 20 minutes
-----------------------------------
(1) *Refer to INTERCONNECTION AGREEMENT: General Terms and Conditions
paragraph 2.10.1.
Electronically received/Manually handled - average
6 hours Manually received/Manually handled -
average 12 hours
SNET
90% LESS THAN OR EQUAL TO 24 business hours (MSAP
only)
5.1.2 MEASUREMENT:
Pre-Order Response Time
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
Address Verification 4.7 sec
Request for Telephone 4.5 sec
Number
Request for Customer 6.6 sec.
Service Record (CSR)
Service Availability 6.6 sec.
Service Appointment 1.0 sec.
Scheduling (Due Date)
Dispatch Required 12.6 sec.
PIC Diagnostic only
*PACIFIC/NEVADA
Mechanized:
Address Verification 4.5 sec
Request for Telephone 4.5 sec
Number
Request for Customer 10.0 sec.
Service Record (CSR)
Service Availability 8.0 sec.
Service Appointment 2.0 sec.
Scheduling (Due Date)
Dispatch Required 11.0 sec.
Manual:
CSRs Standard - 95% in 4 hours (2)
SNET
98% LESS THAN OR EQUAL TO 5 sec. (MSAP only)
5.1.3 MEASUREMENT: Percentage of Flow-Through Order
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
Diagnostic only
*PACIFIC/NEVADA
Diagnostic only
----------------------
(2) *Refer to INTERCONNECTION AGREEMENT: General Terms and Conditions paragraph
2.10.1.
SNET
Measure not available
5.1.4 MEASUREMENT: OSS Interface Availability
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
99.5%
*PACIFIC/NEVADA
Parity for systems used by both PACIFIC/NEVADA and
CLEC. 99.25% for OSS interfaces used exclusively
by CLECs.
SNET
98.9% (MSAP only)
5.1.5 MEASUREMENT: Completion Notice Timeliness
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
97%
*PACIFIC/NEVADA
Fully electronic (orders that flow through) (LEX,
EDI) - average 20 minutes
All other interfaces - 90% within 24 hours
SNET
98% within LESS THAN OR EQUAL TO 2 hours
(Dispatched Service Orders only)
5.2 PROVISIONING
5.2.6 MEASUREMENT: Installation Appointment Commitment
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
POTS: (3)
Resale POTS parity between Field Work compared to
SBC-SWBT Field Work (N, T, C order types) and No
Field Work compared to SBC-SWBT Retail No Field
Work (N, T, and C order types).
Design:
Parity with SBC-SWBT retail
*PACIFIC/NEVADA
POTS: Parity
Design: Parity
SNET
POTS: PARITY
Digital Specials: PARITY
Analog Specials: PARITY
------------------------
(3) *Refer to INTERCONNECTION AGREEMENT: General Terms and Conditions paragraph
2.10.1.
5.2.7 MEASUREMENT: Installation Trouble Reports
BENCHMARKS:
*SBC-SWBT/SBC-AMERITECH
POTS:
Resale POTS parity between Field Work compared to
SBC-SWBT Field Work (N, T, C order types) and No
Field Work compared to SBC-SWBT Retail No Field
Work (N, T, and C order types).
Design:
Parity with SBC-SWBT retail
*PACIFIC/NEVADA
POTS: Parity
Design: Parity
SNET
POTS: PARITY
Digital Specials: PARITY
Analog Specials: PARITY
5.2.8 MEASUREMENT: Installation Interval
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
POTS:
Resale POTS parity between Field Work compared to
SBC-SWBT Field Work (N, T, C order types) and No
Field Work compared to SBC-SWBT Retail No Field
Work (N, T, and C order types).
Design:
Parity with SBC-SWBT retail
*PACIFIC/NEVADA
POTS: Parity(4)
Design: Parity
DSL: Parity
SNET
POTS:
Vertical Feature/Simple: PARITY
Non Dispatched PARITY
Dispatched PARITY
Digital Specials: PARITY
Analog Specials: PARITY
DSL: No measure available.
---------------------------
(4) *Refer to INTERCONNECTION AGREEMENT: General Terms and Conditions paragraph
2.10.1.
5.2.9 MEASUREMENT: Delayed Order Interval
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
POTS:
Resale POTS parity between Field Work compared to
SBC-SWBT Field Work (N, T, C order types) and No
Field Work compared to SBC-SWBT Retail No Field
Work (N, T, and C order types).
Design:
Parity with SBC-SWBT retail
*PACIFIC/NEVADA
POTS: Parity
Design: Parity
SNET
No measure available.
5.3 MAINTENANCE
5.3.10 MEASUREMENT: Repair Appointment Commitment
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
POTS:
Parity with Retail
*PACIFIC/NEVADA
POTS: Parity
SNET
POTS: Parity
Digital Specials: Parity
Analog Specials: Parity
5.3.11 MEASUREMENT: Repeated Trouble Reports
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
POTS:
Parity with Retail
Design:
Parity with Retail
*PACIFIC/NEVADA
POTS: Parity
Design: Parity
SNET
POTS: Parity
5.3.12 MEASUREMENT: Mean Time to Repair
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
POTS:
Parity with Retail
Design:
Parity with Retail
*PACIFIC/NEVADA
POTS: Parity
Design: Parity
SNET
POTS: Parity
Digital Specials: Parity
Analog Specials: Parity
5.3.13 MEASUREMENT: Customer Trouble Report Rate
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
POTS:
Parity with Retail
Design:
Parity with Retail
*PACIFIC/NEVADA
POTS: Parity
Design: Parity
SNET
POTS: Parity
5.4 BILLING
5.4.14 MEASUREMENT: Wholesale Xxxx Timeliness
BENCHMARK:
*SBC-SWBT/SBC-AMERITECH
95% within 6th work day
*PACIFIC/NEVADA
99% within 10 days
SNET
No measure available.
6. APPLICABILITY OF OTHER RATES, TERMS, AND CONDITIONS
6.1 Every resale service provided hereunder, shall be subject to
all rates, terms and conditions contained in this Agreement
which are legitimately related to such resale service.
Without limiting the general applicability of the foregoing,
the
following terms and conditions of the General Terms and
Conditions are specifically agreed by the Parties to be
legitimately related to, and to be applicable to, each
resale service provided hereunder: introduction,
definitions, interpretation, construction and severability;
description and charges of service; notice of changes;
general responsibilities of the Parties; effective date,
term and termination; fraud by end users; deposits; billing
and payment of charges; non-payment and procedures for
disconnection; services; additional terms applicable to
resale of services; ancillary services; network and service
order conditions; dispute resolution; audits;
responsibilities of SWBT; disclaimer of representations and
warranties; limitation of liability; responsibilities of
CLEC; indemnification; remedies; intellectual property;
notices; publicity and use of trademarks or service marks;
no license; confidentiality; intervening law; governing law;
regulatory approval; changes in End User local exchange
service provider selection; compliance and certification;
law enforcement; no third party beneficiaries; disclaimer of
agency; relationship of the Parties/independent contractor;
subcontracting; delegation to affiliate; assignment; force
majeure; taxes; non-waiver; customer inquiries; expenses;
conflicts of interest; survival; appendices incorporated by
reference; authority; counterparts; amendments and
modifications; and entire agreement.
APPENDIX PRICING
TABLE OF CONTENTS
1. INTRODUCTION................................................................................................3
2. RECURRING CHARGES...........................................................................................5
3. NONRECURRING CHARGES........................................................................................5
4. BILLING TIMELINES- THIS SECTION APPLIES TO PACIFIC ONLY.....................................................6
5. BILLING.....................................................................................................6
6. APPLICABILITY OF OTHER RATES, TERMS, AND CONDITIONS.........................................................7
APPENDIX PRICING
1. INTRODUCTION
1.1 This Appendix sets forth the terms and conditions under
which the applicable SBC Communications Inc. (SBC) owned
Incumbent Local Exchange Carrier (ILEC) offers services and
products to CLEC at the rates, prices and/or charges set
forth in the applicable state pricing sheet(s) attached
hereto. The services and products offered to CLEC have been
divided into two categories: Resale and Other (Resale).
These categories are for convenience only and shall not be
construed to define or limit any of the terms herein or
affect the meaning or interpretation of this Agreement.
1.2 SBC Communications Inc. (SBC) means the holding company
which owns the following ILECs: Illinois Xxxx Telephone
Company, Xxxxxxx Xxxx Telephone Company Incorporated,
Michigan Xxxx Telephone Company, Nevada Xxxx Telephone
Company, The Ohio Xxxx Telephone Company, Pacific Xxxx
Telephone Company, The Southern New England Telephone
Company, Southwestern Xxxx Telephone Company and/or
Wisconsin Xxxx, Inc. d/b/a Ameritech Wisconsin.
1.3 SBC-13STATE - As used herein, SBC-13STATE means the
applicable above listed ILEC(s) doing business in Arkansas,
California, Connecticut, Illinois, Indiana, Kansas,
Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas, and
Wisconsin.
1.4 SBC-SWBT - As used herein, SBC-SWBT means the applicable
above listed ILEC doing business in Arkansas, Kansas,
Missouri, Oklahoma, and Texas.
1.5 SBC-AMERITECH - As used herein, SBC-AMERITECH means the
applicable above listed ILEC(s) doing business in Illinois,
Indiana, Michigan, Ohio, and Wisconsin.
1.6 PACIFIC -As used herein, PACIFIC means the applicable above
listed ILEC doing business in California.
1.7 NEVADA -AS used herein, NEVADA means the applicable above
listed ILEC doing business in Nevada.
1.8 AM-IL -As used herein, AM-IL means the applicable SBC owned
ILEC doing business in Illinois.
1.9 SNET -As used herein, SNET means the applicable above listed
ILEC doing business in Connecticut.
1.10 This section applies to SNET only
1.10.1 Other than as specifically set out elsewhere in
this Agreement, SNET resale prices are available
as described in DPUC ordered CT Access Service
Tariff Section 18.
1.10.2 Operator Services (OS) and Director Assistance
(DA) Monthly Recurring Charges (MRCs) and
Nonrecurring Charges (NRCs) are set forth in the
Connecticut rate sheet attached.
1.11 This section applies to AM-IL only
1.11.1 Other than as specifically set out elsewhere in
this Agreement, AM-IL resale prices are available
as described in ILL.C.C. No. 20 Tariff Part 22.
1.12 This section applies to SBC-AMERITECH only
1.12.1 If a rate element, price and/or charge for a
product or service contained in, referenced to or
otherwise provided by SBC-AMERITECH under this
Agreement (including any attached or referenced
Appendices) is not listed in this Appendix
Pricing, including any rates, prices and/or
charges developed in response to a CLEC Bona Fide
Request(s) (BFR), such rates, prices and charges
shall be determined in accordance with Section
252(d) of the Act; provided however, if
SBC-AMERITECH provides a product or service that
is not subject to the pricing principles of the
Act, such rate(s), prices(s) and/or charges shall
be as negotiated by SBC-AMERITECH and CLEC.
1.12.2 Except as otherwise agreed upon by the Parties in
writing, SBC-AMERITECH shall not be required to
provide CLEC a product or service under this
Agreement unless and until the Parties have agreed
upon a rate element, price or charge (whether a
final rate/price/charge or, as agreed upon by the
Parties, an interim rate/price/charge subject to
a true-up, true-down) applicable to the requested
product and/or service.
1.12.3 Certain of the rates, prices and charges set forth
in this Appendix Pricing were established by the
Commission. If during the Term the Commission or
the FCC changes a rate, price or charge in an
order or docket that generally applies to the
products and services available hereunder, the
Parties agree to amend this Appendix Pricing to
incorporate such new rates, prices and charges
with such rates, prices and charges to be
effective as of the date specified in such order
or docket.
2. RECURRING CHARGES
2.1 Unless otherwise identified in the Pricing Tables, where
rates are shown as monthly, a month will be defined as a
calendar month. The minimum term for each monthly rated
Resale or Other (Resale), and Other element service or
product will be one (1) month. After the initial month,
billing will be on the basis of whole or fractional months
used.
2.2 Where rates, prices or charges consist of usage sensitive
charges or per occurrence charges, such rates, prices or
charges are classified as "recurring charges".
2.3 CLEC shall pay for all usage on usage sensitive or per
occurrence calls including those that are not completed due
to "busy" or "don't answer" status.
3. NONRECURRING CHARGES
3.1 Nonrecurring Charges are applicable for both categories of
services and products.
3.2 For Resale, when a CLEC migrates an End User's existing
service and the migration service request also includes the
addition of new service or features and/or changes or
disconnects some portion of the existing service or
features, the normal service order charges and/or
non-recurring charges associated with said additions and/or
changes will apply.
3.3 The appropriate nonrecurring charges shall apply for each
service request processed by SBC-8STATE, including but not
limited to the following:
3.3.1 Installation (Service Order and Connect);
3.3.2 Disconnection (Disconnect);
3.3.3 Rearrangement/modification (Change);
3.3.4 Record Order (Record)
3.4 Some items, which must be individually charged, are billed
as nonrecurring charges.
3.5 CLEC shall pay a service order processing administration
charge for each service order submitted by CLEC to
SBC-AMERITECH to process a request for installation,
disconnection, rearrangement, changes to or record orders
for Resale.
3.6 Time and Material charges (a.k.a. additional labor charges)
are defined in the document specified below for the ILEC
indicated.
3.6.1 Tariff Schedule Cal P.U.C. No.175-T for PACIFIC.
3.6.2 FCC Tariff 73 for SBC-SWBT AND NEVADA.
3.6.3 The applicable pricing appendix for SBC-AMERITECH.
4. BILLING TIMELINES- THIS SECTION APPLIES TO PACIFIC ONLY
4.1 To the extent that any billing for services or products
offered under this Agreement is made through PACIFIC's
Carrier Access Billing System (CABS), the prices for monthly
recurring charges (MRCs) and nonrecurring charges (NRCs)
provided for in this Agreement may take a substantial period
of time from the Effective Date of this Agreement to
implement in PACIFIC's CABS.
4.2 To the extent that any billing for services or products
offered under this Agreement is made through PACIFIC's CABS,
any prices for MRCs and NRCs subsequently adopted by the
CPUC may take a substantial period of time from the date of
the final order to implement in CABS and shall comply with
any Commission timeline.
4.3 Until such time as any prices discussed in Section 5.1 or
Section 5.2 above are implemented in CABS, PACIFIC may
continue to xxxx at the established prices contained within
the most recent prior interconnection agreement between the
Parties, if any. If there is no prior interconnection
agreement between the Parties, PACIFIC shall xxxx at the
prices PACIFIC is currently billing one or more of its other
CLEC customers that, in PACIFIC's good faith judgment, most
closely match the prices applicable hereunder.
4.4 Due to this CABS billing implementation time period, a
true-up or true-down of all such prices, without interest,
retroactive to the effective date specified in the order or
docket, will be due upon billing implementation of the new
prices.
5. BILLING
5.1 For information regarding billing, non-payment,
disconnection, and dispute resolution, see the General Terms
and Conditions of this Agreement.
6. APPLICABILITY OF OTHER RATES, TERMS, AND CONDITIONS
6.1 Every resale service provided hereunder, shall be subject to
all rates, terms and conditions contained in this Agreement
which are legitimately related to such resale service.
Without limiting the general applicability of the foregoing,
the following terms and conditions of the General Terms and
Conditions are specifically agreed by the Parties to be
legitimately related to, and to be applicable to, each
resale service provided hereunder: introduction,
definitions, interpretation, construction and severability;
description and charges of service; notice of changes;
general responsibilities of the Parties; effective date,
term and termination; fraud by end users; deposits; billing
and payment of charges; non payment and procedures for
disconnection; services; additional terms applicable to
resale of services; ancillary services; network and service
order conditions; dispute resolution; audits;
responsibilities of SWBT; disclaimer of representations and
warranties; limitation of liability; responsibilities of
CLEC; indemnification; remedies; intellectual property;
notices; publicity and use of trademarks or service marks;
no license; confidentiality; intervening law; governing law;
regulatory approval; changes in End User local exchange
service provider selection; compliance and certification;
law enforcement; no third party beneficiaries; disclaimer of
agency; relationship of the Parties/independent contractor;
subcontracting; delegation to affiliate; assignment; force
majeure; taxes; non waiver; customer inquiries; expenses;
conflicts of interest; survival; appendices incorporated by
reference; authority; counterparts; amendments and
modifications; and entire agreement.
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not applicable
AMERITECH
TELEPHONE COMPANY
ILLINOIS
Rates
January 7, 2000
RESALE
See ILL.C.C. No. 20 Tariff Part 22
LINE CONNECTION CHARGE
Residence NA
Business NA
SERVICE ORDER/SERVICE REQUEST CHARGE
Residence $18.85
Business $14.12
NON-ELECTRONIC (MANUAL) SERVICE ORDER CHARGE
Residence $24.19
Business $17.17
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not applicable
AMERITECH
TELEPHONE COMPANY
INDIANA
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
RESALE
RESALE DISCOUNTS
BUSINESS RECURRING NON-RECURRING
LOCAL EXCHANGE SERVICE
Business 1 Party 21.46% 21.46%
Business - Measured 21.46% 21.46%
Customer Operated Pay Telephone (COPT) 21.46% 21.46%
EXPANDED LOCAL CALLING
Extended Area Service 21.46% 21.46%
VERTICAL SERVICES
Anonymous Call Rejection 21.46% 21.46%
Repeat Dialing (Auto Redial) 21.46% 21.46%
Repeat Dialing-Per Use (Auto Redial - Usage Sensitive) 21.46% 21.46%
Call Blocker 21.46% 21.46%
Call Forwarding 21.46% 21.46%
Call Forwarding - Busy Line 21.46% 21.46%
Call Forwarding - Busy Line/Don't Answer 21.46% 21.46%
Call Forwarding - Don't Answer 21.46% 21.46%
Automatic Call Back (Call Return) 21.46% 21.46%
Automatic Call Back-Per Use (Call Return - Usage Sensitive) 21.46% 21.46%
Call Trace 21.46% 21.46%
Call Waiting 21.46% 21.46%
Caller ID With Name (Calling Name) 21.46% 21.46%
Caller ID (Calling Number) 21.46% 21.46%
MultiRing Service -1 (Personalized Ring -1 Dependent Number) 21.46% 21.46%
MulfiRing Service -2 (Personalized Ring - 2 Dependent Numbers) 21.46% 21.46%
Remote Access to Call Forwarding (Grandfathered) 0.00% 0.00%
Selective Call Forwarding 0.00% 0.00%
Multi-Path Call Forwarding (Simultaneous Call Forwarding) 21.46% 21.46%
Remote Call Forwarding-Per Feature 21.46% 21.46%
RCF, Interstate, Interexchange 21.46% 21.46%
RCF, Intrastate 21.46% 21.46%
RCF, Interstate, International 21.46% 21.46%
RCF, Intrastate, Interexchange 21.46% 21.46%
RCF to 800 21.46% 21.46%
RCF Additional 21.46% 21.46%
Speed Calling 8 21.46% 21.46%
Speed Calling 30 21.46% 21.46%
Three Way Calling 21.46% 21.46%
Call Screening 21.46% 21.46%
Busy Line Transfer 21.46% 21.46%
Alternate Answer 21.46% 21.46%
Message Waiting - Tone 21.46% 21.46%
Easy Call 21.46% 21.46%
Prime Number Service 21.46% 21.46%
AMERITECH Privacy Manager 21.46% 21.46%
Name and Number Delivery Service 21.46% 21.46%
DID
DID 21.46% 21.46%
TRUNKS
Trunk 21.46% 21.46%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not applicable
AMERITECH
TELEPHONE COMPANY
INDIANA
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
AIN
Area Wide Networking 21.46% 21.46%
Ameritech Switch Alternate Routing (ANSAR) 21.46% 21.46%
Ameritech Customer Location Alternate Routing (ACLAR) 21.46% 21.46%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 days) 21.46% 21.46%
Touch Tone (Business) 21.46% 21.46%
Touch Tone (Trunk) 21.46% 21.46%
900/976 Call Blocking (90O/976 Call Restriction) 0%
976 (976 Information Delivery Service) 0%
Access Services (See Access Tariff) 0% 0%
Additional Directory Listings 21.46% 21.46%
Carrier Disconnect Service (Company Initiated Suspension 0% 0%
Service)
Connection Services 21.46% 21.46%
Premise Services/Line Backer (Maintenance of Service Charges) 0% 0%
Shared Tenant Service 0% 0%
ISDN
ISDN 21.46% 21.46%
DIRECTORY ASSISTANCE SERVICES 21.46% 20.29%
Local Operator Assistance Service 21.46% 21.46%
TOLL
TOLL 21.46% 21.46%
OPTIONAL TOLL CALLING PLANS
Optional Toll Calling Plans 21.46% 21.46%
CENTREX (PLEXAR)
Ameritech Centrex Service ACS 21.46% 21.46%
Ameritech Centrex Network Manager 0.00% 0.00%
PRIVATE LINE
Analog Private Lines 21.46% 21.46%
Private Line Channel Services 21.46% 21.46%
RESIDENCE RESALE DISCOUNTS
LOCAL EXCHANGE SERVICE RECURRING NON-RECURRING
Life Line 0.00% 0.00%
Residence 1 Party 21.46% 21.46%
Residence Measured 21.46% 21.46%
EXPANDED LOCAL CALLING
Extended Area Service 21.46% 21.46%
VERTICAL SERVICES
Anonymous Call Rejection 21.46% 21.46%
Repeat Dialing (Auto Redial) 21.46% 21.46%
Repeat Dialing -Per Use (Auto Redial - Usage Sensitive) 21.46% 21.46%
Call Blocker 21.46% 21.46%
Call Forwarding 21.46% 21.46%
Call Forwarding - Busy Line 21.46% 21.46%
Call Forwarding - Busy Line/Don't Answer 21.46% 21.46%
Call Forwarding - Don't Answer 21.46% 21.46%
Automatic Call-Back (Call Return) 21.46% 21.46%
Automatic Call-Back Per Use (Call Return - Usage Sensitive) 21.46% 21.46%
Call Trace 21.46% 21.46%
Call Waiting 21.46% 21.46%
Caller ID with Name (Calling Name) 21.46% 21.46%
Caller ID (Calling Number) 21.46% 21.46%
Multi-Ring Service - 1 (Personalized Ring- 1 dependent number) 21.46% 21.46%
Multi-Ring Service - 2 (Personalized Ring - 2 dependent 21.46% 21.46%
numbers - 1st dependent number)
Remote Access to Call Forwarding (GF) 21.46% 21.46%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not applicable
AMERITECH
TELEPHONE COMPANY
INDIANA
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
RCF, Interstate, Interexchange 21.46% 21.46%
RCF, Intrastate 21.46% 21.46%
RCF, Interstate, International 21.46% 21.46%
RCF, Intrastate, Interexchange 21.46% 21.46%
RCF to 800 21.46% 21.46%
RCF Additional 21.46% 21.46%
Selective Call Forwarding 21.46% 21.46%
Speed Calling 8 21.46% 21.46%
Three Way Calling 21.46% 21.46%
Call Screening 21.46% 21.46%
Busy Line Transfer 21.46% 21.46%
Alternate Answer 21.46% 21.46%
Message Waiting - Tone 21.46% 21.46%
Easy Call 21.46% 21.46%
AMERITECH Privacy Manager 21.46% 21.46%
Name and Number Delivery Service 21.46% 21.46%
ISDN
ISDN 21.46% 21.46%
DIRECTORY ASSISTANCE SERVICES 21.46% 21.46%
Local Operator Assistance Service 21.46% 21.46%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 Days) 21.46% 21.46%
Touch Tone 21.46% 21.46%
Home Services Packages 21.46% 21.46%
900/976 Call Blocking (900/976 Call Restriction) 21.46% 21.46%
976 (976 Information Delivery Service) 21.46% 21.46%
Access Services (See Access Tariff) 0% 0%
Additional Directory Listings 21.46% 21.46%
Carrier Disconnect Service (Company initiated Suspension 21.46% 21.46%
Service)
Connection Services 21.46% 21.46%
Premise Services/Line Backer (Maintenance of Service Charges) 0% 0%
Shared Tenant Service 0% 0%
TOLL
Custom and Dedicated 800 Service (Home 800) 21.46% 21.46%
IntraLATA MTS 21.46% 21.46%
Toll Restriction 21.46% 21.46%
ELECTRONIC BILLING INFORMATION DATA (DAILY USAGE) $0.00
per message
LOCAL DISCONNECT REPORT (LDR)
Per WTN $0.00
LINE CONNECTION CHARGE
Residence N/A
Business N/A
SERVICE ORDER/SERVICE REQUEST CHARGE
Residence $21.21
Business $30.63
NON-ELECTRONIC MANUAL) SERVICE ORDER CHANGE
Residence $9.02
Business $9.02
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not applicable
AMERITECH
TELEPHONE COMPANY
MICHIGAN
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
RESALE
RESALE DISCOUNTS
BUSINESS RECURRING NON-RECURRING
LOCAL EXCHANGE SERVICE
Business 1 Party 18.15% 18.15%
Business - Measured 18.15% 18.15%
Customer Operated Pay Telephone (COPT) 18.15% 18.15%
EXPANDED LOCAL CALLING
Interzone 18.15% 18.15%
VERTICAL SERVICES
Anonymous Call Rejection 18.15% 18.15%
Repeat Dialing (Auto Redial) 18.15% 18.15%
Repeat Dialing-Per Use (Auto Redial - Usage Sensitive) 18.15% 18.15%
Call Blocker 18.16% 18.15%
Call Forwarding 18.15% 18.15%
Call Forwarding - Busy Line 18.15% 18.15%
Can Forwarding - Busy Line/Don't Answer 18.15% 18.15%
Call Forwarding - Don't Answer 18.15% 18.15%
Automatic CallBack (Call Return) 18.15% 18.15%
Automatic CallBack-Per Use (Call Return - Usage Sensitive) 18.15% 18.15%
Call Trace 18.15% 18.15%
Call Waiting 18.15% 18.15%
Caller ID WithName (Calling Name) 18.15% 18.15%
Caller ID (Calling Number) 18.15% 18.15%
MulfiRing Service -1 (Personalized Ring -1 Dependent 18.15% 18.15%
Number)
Multi-Ring Service -2 (Personalized Ring - 2 Dependent 18.15% 18.15%
Numbers)
Remote Access to Call Forwarding (Grandfathered) 0% 0%
Selective Call Forwarding 0% 0%
Multi-Path Call Forwarding (Simultaneous Call Forwarding) 18.15% 18.15%
Remote Call Forwarding-Per Feature 18.15% 18.15%
RCF, Interstate, Interexchange 18.15% 18.15%
RCF, Intrastate 18.15% 18.15%
RCF, Interstate, International 18.15% 18.15%
RCF, Intrastate, Interexchange 18.15% 18.15%
RCF to 800 18.15% 18.15%
RCF Additional 18.15% 18.15%
Speed Calling 8 18.15% 18.15%
Speed Calling 30 18.15% 18.15%
Three Way Calling 18.15% 18.15%
Call Screening 18.15% 18.15%
Busy Line Transfer 18.15% 18.15%
Alfernate Answer 18.15% 18.15%
Message Waiting - Tone 18.15% 18.15%
Easy Call 18.15% 18.15%
Prime Number Service 18.15% 18.15%
AMERITECH Privacy Manager 18.15% 18.15%
Name and Number Delivery Service 18.15% 18.15%
DID
DID 18.15% 18.15%
TRUNKS
Trunk 18.15% 18.15%
AIN
Area Wide Networking 18.15% 18.15%
Ameritech Switch Alternate Routing (ANSAR) 18.15% 18.15%
Ameritech Customer Location Alternate Routing (ACLAR) 18.15% 18.15%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 days) 18.15% 18.15%
TouchTone (Business) 18.15% 18.15%
TouchTone (Trunk) 18.15% 18.15%
900/976 Call Blocking (900/976 Call Restriction) 0% 0%
976 (976 Information Delivery Service) 0% 0%
Access Services (See Access Tariff) 0%
Additional Directory Listings 18.15% 18.15%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not applicable
AMERITECH
TELEPHONE COMPANY
MICHIGAN
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
Carrier Disconnect Service (Company Initiated Suspension 0% 0%
Service)
Connection Services 18.15% 18.15%
Premise Services/Line Backer (Maintenance of Service Chaw) 0% 0%
Shared Tenant Service 0% 0%
ISDN
ISDN 18.15% 18.15%
DIRECTORY ASSISTANCE SERVICES
Directory Assistance Services 18.15% 20.29%
Local Operator Assiustance Service 18.15% 18.15%
TOLL
TOLL 18.15% 18.15%
OPTIONAL TOLL CALLING PLANS
Optional Toll Calling Plans 18.15% 18.15%
CENTREX(PLEXAR)
Americtech Centrex Service ACS 18.15% 18.15%
Ameritech Centrex Network Manager 0% 0%
PRIVATE LINE
Analog Private Lines 18.15% 18.15%
Private Line Channel Services 18.15% 18.15%
RESIDENCE RESALE DISCOUNTS
LOCAL EXCHANGE SERVICE RECURRING NON-RECURRING
Life Line 0% 0%
Residence 1 Party 18.15% 18.15%
Residence Measured 18.15% 18.15%
EXPANDED LOCAL CALLING
Interzone 18.15% 18.15%
VERTICAL SERVICES
Anonymous Call Rejection 18.15% 18.15%
Repeat Dialing (Auto Redial) 18.15% 18.15%
Repeat Dialing -Per Use (Auto Redial - Usage Sensitive) 16.15% 18.15%
Call Blocker 18.15% 18.15%
Call Forwarding 18.15% 18.15%
Call Forwarding - Busy Line 18.15% 18.15%
Call Forwarding - Busy Line/Don't Answer 18.15% 18.15%
Call Forwarding - Don't Answer 18.15% 18.15%
Automatic Call-Back (Call Return) 18.15% 18.15%
Automatic Call-Back Per Use (Call Return - Usage 18.15% 18.15%
Sensitive)
Call Trace 18.15% 18.15%
Call Waiting 18.15% 18.15%
Caller ID with Name (Calling Name) 18.15% 18.15%
Caller ID (Calling Number) 18.15% 18.15%
Multi-Ring Service - 1 (Personalized Ring- I dependent 18.15% 18.15%
number)
Multi-Ring Service - 2 (Personalized Ring - 2 dependent 18.15% 18.15%
numbers - 1st dependent number
Priority Call 18.15% 18.15%
Remote Access to Call Forwarding (GF) 0% 0%
RCF, Interstate, Interexchange 18.15% 18.15%
RCF, Intrastate 18.15% 18.15%
RCF, Interstate, International 18.15% 18.15%
RCF, Intrastate, Interexchange 18.15% 18.15%
RCF to 800 18.15% 18.15%
RCF Additional 18.15% 18.15%
Selective Call Forwarding 16.15% 18.15%
Speed Calling 8 18.15% 18.15%
Three Way Calling 18.15% 18.15%
Call Screening 18.15% 18.15%
Busy Line Transfer 18.15% 18.15%
Alternate Answer 18.15% 18.15%
Waiting - Tone 18.15% 18.15%
Easy Call 18.15% 18.15%
AMERITECH Privacy Manager 18.15% 18.15%
Name and Number Delivery Service 18.15% 18.15%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
MICHIGAN
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
ISDN
ISDN 18.15% 18.15%
DIRECTORY ASSISTANCE SERVICES
Directory Assistance Services 18.15% 18.15%
Local Operator Assistance Service 18.15% 18.15%
OTHER
Grandfathered Services 0% 0%
Promotions (Greater than 90 Days) 18.15% 18.15%
TouchTone 18.15% 18.15%
Home Services Packages 18.15% 18.15%
900/976 Call Blocking (900/976 Call Restriction) 0% 0%
976 (976 Information Delivery Service) 0% 0%
Access Services (See Access Tariff) 0% 0%
Additional Directory Listings 18.15% 18.15%
Carrier Disconnect Service (Company Initiated Suspension 0% 0%
Service)
Connection Services 18.15% 18.15%
Premise Service/Line Backer (Maintenance of Service 0% 0%
Charges)
Shared Tenant Service 0% 0%
TOLL
Toll 18.15% 18.15%
ELECTRONIC BILLING INFORMATION DATA (DAILY USAGE) $0.00
per message
LOCAL DISCONNECT REPORT (LDR)
Per WTN $0.00
LINE CONNECTION CHARGE
Residence $34.38
Business $34.38
SERVICE ORDER/SERVICE REQUEST CHARGE
Residence N/A
Business N/A
NON-ELECTRONIC (MANUAL) SERVICE ORDER CHARGE
Residence $8.91
Business $8.91
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
OHIO
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
RESALE
RESALE DISCOUNTS
BUSINESS RECURRING NON-RECURRING
LOCAL EXCHANGE SERVICE
Business 1 Party 20.29% 20.29%
Business - Measured 20.29% 20.29%
Customer Operated Pay Telephone (COPT) 20.29% 20.29%
EXPANDED LOCAL CALLING
Extended Area Service 20.29% 20.29%
VERTICAL SERVICES
Anonymous Call Rejection 20.29% 20.29%
Repeat Dialing (Auto Redial) 20.29% 20.29%
Repeat Dialing-Per Use (Auto Redial - Usage Sensitive) 20.29% 20.29%
Call Blocker 20.29% 20.29%
Call Forwarding 20.29% 20.29%
Call Forwarding - Busy Line 20.29% 20.29%
Call Forwarding - Busy Line/Don't Answer 20.29% 20.29%
Call Forwarding - Don't Answer 20.29% 20.29%
Automatic CallBack (Call Return) 20.29% 20.29%
Automatic CallBack-Per Use (Call Return - Usage Sensitive) 20.29% 20.29%
Call Trace 20.29% 20.29%
Call Waiting 20.29% 20.29%
Caller ID WithName (Calling Name) 20.29% 20.29%
Caller ID (Calling Number) 20.29% 20.29%
MultiRing Service -1 (Personalized Ring -1 Dependent Number) 20.29% 20.29%
MultiRing Service -2 (Personalized Ring - 2 Dependent Numbers) 20.29% 20.29%
Remote Access to Call Forwarding (Grandfathered) 0.00% 0.00%
Selective Call Forwarding 0.00% 0.00%
Multi-Path Call Forwarding (Simultaneous Call Forwarding) 20.29% 20.29%
Remote Call Forwarding-Per Feature 20.29% 20.29%
RCF, Interstate, Interexchange 20.29% 20.29%
RCF, Intrastate 20.29% 20.29%
RCF, Interstate, International 20.29% 20.29%
RCF, Intrastate, Interexchange 20.29% 20.29%
RCF to 800 20.29% 20.29%
RCF Additional 20.29% 20.29%
Speed Calling 8 20.29% 20.29%
Speed Calling 30 20.29% 20.29%
Three Way Calling 20.29% 20.29%
Call Screening 20.29% 20.29%
Busy Line Transfer 20.29% 20.29%
Alternate Answer 20.29% 20.29%
Message Waiting - Tone 20.29% 20.29%
Easy Call 20.29% 20.29%
Prime Number Service 20.29% 20.29%
AMERITECH Privacy Manager 20.29% 20.29%
Name and Number Delivery Service 20.29% 20.29%
DID
DID 20.29% 20.29%
TRUNKS
Trunk 20.29% 20.29%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
OHIO
Rates
January 7, 2000
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
AIN
Area Wide Networking 20.29% 20.29%
Emergency Referral Message Service (Disaster Routing Service) 20.29% 20.29%
Ameritech Switch Alternate Routing (ANSAR) 20.29% 20.29%
Ameritech Customer Locaiton Alternate Routing (ACLAR) 20.29% 20.29%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 days) 20.29% 20.29%
TouchTone (Business) 20.29% 20.29%
TouchTone (Trunk) 20.29% 20.29%
ISDN
ISDN 20.29% 20.29%
DIRECTORY ASSISTANCE SERVICES 20.29% 20.29%
Local Operator Assiustance Service 20.29% 20.29%
TOLL
TOLL 20.29% 20.29%
OPTIONAL TOLL CALLING PLANS
Optional Toll Calling Plans 20.29% 20.29%
CENTREX (PLEXAR)
CENTREX ACS 20.29% 20.29%
CENTREX ACS Ameritech CENTREX Network Manager 0.00% 0.00%
PRIVATE LINE
Analog Private Lines 20.29% 20.29%
Private Line Channel Services 20.29% 20.29%
RESIDENCE RESALE DISCOUNTS
LOCAL EXCHANGE SERVICE RECURRING NON-RECURRING
Life Line 0.00% 0.00%
Residence 1 Party 20.29% 20.29%
Residence Measured 20.29% 20.29%
EXPANDED LOCAL CALLING
Extended Area Service 20.29% 20.29%
VERTICAL SERVICES
Anonymous Call Rejection 20.29% 20.29%
Repeat Dialing (Auto Redial) 20.29% 20.29%
Repeat Dialing -Per Use (Auto Redial - Usage Sensitive) 20.29% 20.29%
Call Blocker 20.29% 20.29%
Call Forwarding 20.29% 20.29%
Call Forwarding - Busy Line 20.29% 20.29%
Call Forwarding - Busy Line/Don't Answer 20.29% 20.29%
Call Forwarding - Don't Answer 20.29% 20.29%
Automatic Call-Back (Call Return) 20.29% 20.29%
Automatic Call-Back Per Use (Call Return - Usage Sensitive) 20.29% 20.29%
Call Trace 20.29% 20.29%
Call Waiting 20.29% 20.29%
Caller ID with Name (Calling Name) 20.29% 20.29%
Caller ID (Calling Number) 20.29% 20.29%
Multi-Ring Service - 1 (Personalized Ring - 1 dependent number) 20.29% 20.29%
Multi-Ring Service - 2 (Personalized Ring - 2 dependent 20.29% 20.29%
numbers - 1st dependent number)
Remote Access to Call Forwarding (GF) 0.00% 0.00%
RCF, Interstate, Interexchange 20.29% 20.29%
RCF, Intrastate 20.29% 20.29%
RCF, Interstate, International 20.29% 20.29%
RCF, Intrastate, Interexchange 20.29% 20.29%
RCF to 800 20.29% 20.29%
RCF Additional 20.29% 20.29%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
OHIO
Rates
January 7, 2000
APPENDIX PRICING
AM-OH/xxxxxxxxx.xxx, INC.
AIT GENERIC RATES
AIT RECURRING AIT NON-REC.
Selective Call Forwarding 20.29% 20.29%
Speed Calling 8 20.29% 20.29%
Three Way Calling 20.29% 20.29%
Call Screening 20.29% 20.29%
Busy Line Transfer 20.29% 20.29%
Alternate Answer 20.29% 20.29%
Message Waiting - Tone 20.29% 20.29%
Easy Call 20.29% 20.29%
AMERITECH Privacy Manager 20.29% 20.29%
Name and Number Delivery Service 20.29% 20.29%
ISDN
ISDN 20.29% 20.29%
DIRECTORY ASSISTANCE SERVICES 20.29% 20.29%
Local Operator Assistance Service 20.29% 20.29%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 Days) 20.29% 20.29%
TouchTone 20.29% 20.29%
Home Services Packages 20.29% 20.29%
TOLL
Custom and Dedicated 800 Service (Home 800) 20.29% 20.29%
IntraLATA MTS 20.29% 20.29%
900/976 Call Blocking (900/976 Call Restriction) 20.29% 20.29%
976 (976 Information Delivery Service) 20.29% 20.29%
Access Services (See Access Tariff) 0% 0%
Additional Directory Listings 20.29% 20.29%
Carrier Disconnect Service (Company Initiated Suspension 20.29% 20.29%
Service)
Connection Services 20.29% 20.29%
Premise Service/Line Backer (Maintenance of Service Charges) 0% 0%
Shared Tenant Service 0% 0%
Toll Restriction 20.29% 20.29%
ELECTRONIC BILLING INFORMATION DATA (DAILY USAGE) $0.00
per message
LOCAL DISCONNECT REPORT (LDR)
Per WTN $0.00
LINE CONNECTION CHARGE
Complex (Residence) N/A
Complex (Business) N/A
Simple (Residence) N/A
Simple (Business) N/A
SERVICE ORDER/SERVICE REQUEST CHARGE
Complex (Residence) $14.07
Complex (Business) $12.63
Simple (Residence) $14.07
Simple (Business) $20.33
NON-ELECTRONIC (MANUAL) SERVICE ORDER CHARGE
Complex (Residence) $9.02
Complex (Business) $9.02
Simple (Residence) $9.02
Simple (Business) $9.02
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
WISCONSIN
Rates
January 7, 2000
APPENDIX PRICING
AM-WI/xxxxxxxxx.xxx, INC.
RESALE
RESALE DISCOUNTS
BUSINESS RECURRING NON-RECURRING
LOCAL EXCHANGE SERVICE
Business 1 Party 17.50% 27.50%
Business - Measured 17.50% 27.50%
Customer Operated Pay Telephone (COPT) 17.50% 27.50%
EXPANDED LOCAL CALLING
Extended Area Service 20.00% 20.00%
VERTICAL SERVICES
Anonymous Call Rejection 25.00% 25.00%
Repeat Dialing (Auto Radial) 25.00% 25.00%
Repeat Dialing-Per Use (Auto Redial - Usage Sensitive) 25.00% 25.00%
Call Blocker 25.00% 25.00%
Call Forwarding 25.00% 25.00%
Call Forwarding - Busy Line 25.00% 25.00%
Call Forwarding - Busy Line/Don't Answer 25.00% 25.00%
Call Forwarding - Don't Answer 25.00% 25.00%
Automatic CallBack (Call Return) 25.00% 25.00%
Automatic CallBack-Per Use (Call Return - Usage Sensitive) 25.00% 25.00%
Call Trace 25.00% 25.00%
Call Waiting 25.00% 25.00%
Caller ID WithName (Calling Name) 25.00% 25.00%
Caller ID (Calling Number) 25.00% 25.00%
MultiRing Service -1 (Personalized Ring - 1 Dependent Number) 25.00% 25.00%
MutliRing Service -2 (Personalized Ring - 2 Dependent Numbers) 25.00% 25.00%
Remote Access to Call Forwarding (Grandfathered) 0.00% 0.00%
Selective Call Forwarding 0.00% 0.00%
Multi-Path Call Forwarding (Simultaneous Call Forwarding) 25.00% 25.00%
Remote Call Forwarding-Per Feature 25.00% 25.00%
RCF, Interstate, Interexchange 25.00% 25.00%
RCF, Intrastate 25.00% 25.00%
RCF, Interstate, International 25.00% 25.00%
RCF, Intrastate, Interexchange 25.00% 25.00%
RCF to 800 25.00% 25.00%
RCF Additional 25.00% 25.00%
Speed Calling 8 25.00% 25.00%
Speed Calling 30 25.00% 25.00%
Three Way Calling 25.00% 25.00%
Call Screening 25.00% 25.00%
Busy Line Transfer 25.00% 25.00%
Alternate Answer 25.00% 25.00%
Message Waiting - Tone 25.00% 25.00%
Easy Call 25.00% 25.00%
Prime Number Service 25.00% 25.00%
AMERITECH Privacy Manager 25.00% 25.00%
Name and Number Delivery Service 25.00% 25.00%
DID
DID 15.00% 15.00%
TRUNKS
Trunk 17.50% 17.50%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
WISCONSIN
Rates
January 7, 2000
APPENDIX PRICING
AM-WI/xxxxxxxxx.xxx, INC.
AIN
Area Wide Networking 25.00% 25.00%
Ameritech Switch Alternate Routing (ANSAR) 25.00% 25.00%
Ameritech Customer Location Alternate Routing (ACLAR) 25.00% 25.00%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 days) 25.00% 25.00%
TouchTone (Business) 25.00% 25.00%
TouchTone (Trunk) 25.00% 25.00%
900/976 Call Blocking (900/976 Call Restriction) 0%
976 (976 Information Delivery Service) 0% 0%
Access Services (See Access Tariff) 0% 0%
Additional Directory Listings 15.00% 15.00%
Carrier Disconnect Service (Company initiated Suspension 0% 0%
Service)
Connection Services 25.00% 25.00%
Premise Services/Line Backer (Maintenance of Service Charges) 0% 0%
Shared Tenant Service 0% 0%
ISDN
ISDN 9.75% 9.75%
DIRECTORY ASSISTANCE SERVICES
Directory Assistance Services 15.00% 15.00%
Local Operator Assiustance Service 15.00% 15.00%
TOLL
TOLL 25.00% 25.00%
OPTIONAL TOLL CALLING PLANS
Optional Toll Calling Plans 25.00% 25.00%
CENTREX(PLEXAR)
Ameritech Centrex Service ACS 25.00% 25.00%
Ameritech Centrex Network Manager 0.00% 0.00%
PRIVATE LINE
Analog Private Lines 8.00% 8.00%
Private Line Channel Services 8.00% 8.00%
RESIDENCE RESALE DISCOUNTS
LOCAL EXCHANGE SERVICE RECURRING NON-RECURRING
Life Line 0.00% 0.00%
Residence 1 Party 14.50% 25.00%
Residence Measured 14.50% 25.00%
EXPANDED LOCAL CALLING
Extended Area Service 17.50% 17.50%
VERTICAL SERVICES
Anonymous Call Rejection 23.00% 23.00%
Repeat Dialing (Auto Redial) 23.00% 23.00%
Repeat Dialing - Per Use (Auto Redial - Usage Sensitive) 23.00% 23.00%
Call Blocker 23.00% 23.00%
Call Forwarding 23.00% 23.00%
Call Forwarding - Busy Line 23.00% 23.00%
Call Forwarding - Busy Line/Don't Answer 23.00% 23.00%
Call Forwarding - Don't Answer 23.00% 23.00%
Automatic Call-Back (Call Return) 23.00% 23.00%
Automatic Call-Back Per Use (Call Return - Usage Sensitive) 23.00% 23.00%
TBD- To be determined
NRO- Nonrecurring only
ICB- Individual Case Basis
NA- Not Applicable
AMERITECH
TELEPHONE COMPANY
WISCONSIN
Rates
January 7, 2000
APPENDIX PRICING
AM-WI/xxxxxxxxx.xxx, INC.
Call Trace 23.00% 23.00%
Call Waiting 23.00% 23.00%
Caller ID with Name (Calling Name) 23.00% 23.00%
Caller ID (Calling Number) 23.00% 23.00%
Multi-Ring Service - 1 (Personalized Ring- 1 dependent number) 23.00% 23.00%
Multi-Ring Service - 2 (Personalized Ring - 2 dependent 23.00% 23.00%
numbers - 1st dependent number)
Remote Access to Call Forwarding (GF) 0.00% 0.00%
RCF, Interstate, Interexchange 23.00% 23.00%
RCF, Intrastate 23.00% 23.00%
RCF, Interstate, International 23.00% 23.00%
RCF, Intrastate, Interexchange 23.00% 23.00%
RCF to 800 23.00% 23.00%
RCF Additional 23.00% 23.00%
Selective Call Forwarding 23.00% 23.00%
Speed Calling 8 23.00% 23.00%
Three Way Calling 23.00% 23.00%
Call Screening 23.00% 23.00%
Busy Line Transfer 23.00% 23.00%
Alternate Answer 23.00% 23.00%
Message Waiting - Tone 23.00% 23.00%
Easy Call 23.00% 23.00%
AMERITECH Privacy Manager 23.00% 23.00%
Name and Number Delivery Service 23.00% 23.00%
ISDN
ISDN 9.75% 9.75%
DIRECTORY ASSISTANCE SERVICES
Directory Assistance SERVICES 15.00% 15.00%
Local Operator Assistance Service 15.00% 15.00%
OTHER
Grandfathered Services 0.00% 0.00%
Promotions (Greater than 90 Days) 23.00% 23.00%
TouchTone 23.00% 23.00%
Home Services Packages 23.00% 23.00%
900/976 Call Backing (900/976 Call Restriction) 0% 0%
976 (976 Information Delivery Service) 0% 0%
Access Services (See Access Tariff) 0% 0%
Additional Directory Listings 15.00% 15.00%
Carrier Disconnect Service (Company initiated Suspension 0% 0%
Service)
Connection Services 25.00% 25.00%
Premise Services/Line Backer (Maintenance of Service Charges) 0% 0%
Shared Tenant Service 0% 0%
TOLL
Toll 21.50% 21.50
ELECTRONIC BILLING INFORMATION DATA (DAILY USAGE) $0.00
per message
LOCAL DISCONNECT REPORT (LDR)
Per WTN $0.00
LINE CONNECTION CHARGE
Residence N/A
Business N/A
SERVICE ORDER/SERVICE REQUEST CHARGE
Residence $26.25
Business $31.90
NON-ELECTRIC (MANUAL) SERVICE ORDER CHARGE
Residence $9.02
Business $9.02
