Exhibit 10.3
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of November 10, 1997
by and between
NEW YORK TELEPHONE COMPANY
and
FOCAL COMMUNICATIONS CORPORATION OF NEW YORK
TABLE OF CONTENTS
Section Page
1.0 DEFINITIONS 1
2.0 INTERPRETATION AND CONSTRUCTION 8
3.0 SCOPE 8
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2) 8
4.1 Scope 9
4.2 Physical Architecture 9
4.3 Technical Specifications 10
4.4 Interconnection in Additional LATAs 10
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE
TRAFFIC PURSUANT TO SECTION 2S1(c)(2) 11
5.1 Scope of Traffic 11
5.2 Switching System Hierarchy 11
5.3 Trick Group Architecture and Traffic Routing 12
5.4 Signaling 12
5.5 Grades of Service 13
5.6 Measurement and Billing 13
5.7 Reciprocal Compensation Arrangements Section 251(b)(5). 14
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC
PURSUANT TO 251(c)(2) 15
6.1 Scope of Traffic 15
6.2 Trunk Group Architecture and Traffic 15
6.3 MeetPoint Billing Arrangements 15
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC 16
7.1 Information Services Traffic 16
7.2 Tandem Transient Service ("Transit Service") 20
7.3 Dedicated Transit Service 21
7.4 911/E911 Arrangements 21
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND
INSTALLATION, MAINTENANCE, TESTING AND REPAIR. 22
8.1 Joint Network Configuration and Grooming Plan 22
8.2 Installation, Maintenance, Testing and Repair 22
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3) 23
9.1 Local Link Transmission Types 23
9.2 ADSL and HDSL 24
9.3 Port Types 24
9.4 Private Lines, Special Access and Switched Transport 25
9.5 Limitations on Unbundled Access 25
9.6 Availability of Other Network Elements on an Unbundled Basis 26
9.7 Provisioning of Unbundled Links 26
9.8 Maintenance of Unbundled Network Elements 28
9.9 Acknowledgments Related to Unbundled Network Elements 28
10.0 RESALE--SECTIONS 251(c)(4) and 251(b)(1) 28
10.1 Availability of Wholesale Rates for Resale 28
10.2 Availability of Retail Rates for Resale 29
10.3 Term and Volume Discounts 29
11.0 NOTICE OF CHANGES--SECTION 251(c)(5) 29
12.0 COLLOCATION--SECTION 251(c)(6) 29
13.0 NUMBER PORTABILITY--SECTION 251(b)(2) 30
13.1 Scope 30
13.2 Procedures for Providing INP Through Remote Call Forwarding 30
13.3 Procedures for Providing INP Through Route Indexing 31
13.4 Procedures for Providing INP Through Full NXX Code Migration 31
13.5 Other Interim Number Portability Options 31
13.6 Receipt of Terminating Compensation on Traffic to INP'ed Numbers 31
13.7 TrueUp of Monthly INP Costs 32
14.0 NUMBER RESOURCES ASSIGNMENTS 33
15.0 DIALING PARITY--SECTION 251(b)(3) 33
16.0 ACCESS TO RIGHTSOFWAY--SECTION 251(b)(4) 33
17.0 DATABASES AND SIGNALING 33
18.0 REFERRAL ANNOUNCEMENT 33
19.0 DIRECTORY SERVICES ARRANGEMENTS 34
19.1 Directory Listings and Directory Distributions 34
19.2 Directory Assistance (DA) and Operator Services 35
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES 36
21.0 TERM AND TERMINATION 38
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 39
23.0 CANCELLATION CHARGES 39
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24.0 NONSEVERABILITY 39
25.0 INDEMNIFICATION 40
26.0 LIMITATION OF LIABILITY 41
27.0 LIQUIDATED DAMAGES FOR SPECIFIED ACTIVITIES 41
27.1 Certain Definitions 41
27.2 Specified Performance Breach 42
27.3 Liquidated Damages 42
27.4 Limitations 42
27.5 Sole Remedy 43
27.6 Records 43
27.7 Start Date 43
28.0 REGULATORY APPROVAL 43
29.0 MISCELLANEOUS 44
29.1 Authorization 44
29.2 Compliance 44
29.3 Compliance with the Communications Law Enforcement Act of 1994
("CALEA") 44
29.4 Independent Contractor 44
29.5 Force Majeure 44
29.6 Confidentiality 45
29.7 Governing Law 46
29.8 Taxes 46
29.9 NonAssignment 46
29.10 NonWaiver 47
29.11 Disputed Amounts 47
29.12 Notices 48
29.13 Publicity and Use of Trademarks or Service Marks 48
29.14 Section 252(i) Obligations 48
29.15 Joint Work Product 49
29.16 No Third Party Beneficiaries; Disclaimer of Agency 49
29.17 No License 49
29.18 Technology Upgrades 50
29.19 Survival 50
29.20 Scope of Agreement 50
29.21 Entire Agreement 50
29.22 Power and Authority 50
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LIST OF SCHEDULES AND EXHIBIT
Schedule 1.0 Certain Terms as Defined in the Act
Schedule 4.0 Network Interconnection Schedule
Schedule 8.2 BA Intervals for Installation
Schedule 27.0 BA Performance Criteria for Liquidated Damages
Schedule 27.4.1 FOCAL Service Quality Criteria for Liquidated Damages
Schedule 27.3 Liquidated Damages Schedule
Exhibit
EXHIBIT A Network Element Bona Fide Request
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INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is effective as of the 10th day of
November, 1997 (the "Effective Date"), by and between Focal Communications
Corporation of New York ("FOCAL") with offices Xxxxx XxXxxxx Xxxxxx, Xxxxxxx,
Xxxxx 000, Xxxxxxxx 00000 and New York Telephone Company d/b/a BA ("BA" or
"NYT"), a New York corporation with offices at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx
Xxxx XX 00000.
WHEREAS, the Parties want to interconnect their networks at mutually agreed
upon points of interconnection to provide Telephone Exchange Services (as
defined below) and Exchange Access (as deemed below) to their respective
Customers.
WHEREAS, the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Act (as defined below) and additional services as set forth
herein.
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, FOCAL and BA hereby agree as follows:
1.0 DEFINITIONS
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1.0. For convenience of reference only, the
definitions of certain terms that are As Defined in the Act (as defined below)
are set forth on Schedule 1.0. Schedule 1.0 sets forth the definitions of such
terms as of the date specified on such Schedule and neither Schedule 1.0 nor any
revision, amendment or supplement thereof intended to reflect any revised or
subsequent interpretation of any term that is set forth in the Act is intended
to be a part of or to affect the meaning or interpretation of this Agreement.
1.1 "Act" means the Communications Act of 1934 (47 U.S.C. 153(R)), as
amended by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the FCC or a
Commission within its state of jurisdiction.
1.2 "ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission
technology which transmits an asymmetrical digital signal using one of a variety
of line codes as specified in ANSI standards T1.413-1995-007R2.
1.3 "Affiliate" is As Defined in the Act.
1.4 "Agreement for Switched Access Meet Point Billing" means the Agreement
for Switched Access Meet Point Billing between the Parties.
1.5 "As Defined in the Act" means as specifically defined by the Act and
as from time to time interpreted in the duly authorized rules and regulations of
the FCC or the Commission.
1.6 "As Described in the Act" means as described in or required by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
1.7 "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter which refers to the number transmitted through a network
identifying the billing number of the calling Party.
1.8 "Busy Line Verification/Busy Line Verification Interrupt Traffic" or
"BLV/BLVI Traffic" means an operator service call in which the caller inquires
as to the busy status of or requests an interruption of a call on another
Customer's Telephone Exchange Service line.
1.9 "Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling Party.
1.10 "Central Office Switch" or "Tandems" means a switch used to provide
Telecommunications Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer station
Links for the purpose of interconnection to each other and to trunks; and
(b) "Tandem Office Switches" which are used to connect and switch
trunk circuits between and among other Central Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
1.11 "CCS" means one hundred (100) call seconds.
1.12 "CLASS Features" means certain CCIS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification; Call Return and future CCIS-based offerings.
1.13 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment necessary for
Interconnection or for access to Network Elements on an unbundled basis which
has been installed and maintained at the premises of a second Party (the
"Housing Party"). For purposes of Collocation, the "premises" of a Housing
Party is limited to the occupied structure or portion thereof in which such
Housing Party has the exclusive right of occupancy. Collocation will be
"physical," unless physical collocation is not practical for technical reasons
or because of space/limitations, in which case
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virtual collocation will be provided, subject to PSC approval. In "Physical
Collocation," the Collocating Party installs and maintains its own equipment in
the Housing Party's premises.
1.14 "Commission" or "PSC" means the New York State Public Service
Commission.
1.15 "Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
1.16 "Cross Connection" means a connection provided pursuant to Collocation
at the Digital Signal Cross Connect, Main Distribution Frame or other suitable
frame or panel between (i) the Collocating Party's equipment and (ii) the
equipment or facilities of the Housing Party.
1.17 "Customer" means a third-Party residence or business that subscribes
to Telecommunications Services provided by either of the Parties.
1.18 "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.
"Local Dialing Parity" means the ability of Telephone Exchange Service Customers
of one LEC to select a provider and make local calls without dialing extra
digits. "Toll Dialing Parity" means the ability of Telephone Exchange Service
Customers of a LEC to place toll calls (inter or intraLata) which are routed to
a toll carrier (intraLATA or interLATA) of their selection without dialing
access codes or additional digits and with no unreasonable dialing delay.
1.19 "Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
1.21 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS 1 is the initial level of
multiplexing.
1.22 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level in
the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined as the third level of
multiplexing.
1.23 "Direct Customer Access Service" or "DCAS" is an electronic interface
system provided by BA to facilitate the ordering, provisioning and maintenance
of various interconnection arrangements.
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1.24 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. EMR
format is contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message
Record.
1.25 "Exchange Access" is As Defined in the Act.
1.26 "FCC" means the Federal Communications Commission.
1.27 "Fiber-Meet" means an Interconnection architecture method whereby the
Parties physically Interconnect their networks via an optical fiber interface
(as opposed to an electrical interface) at a mutually agreed upon location.
1.28 "HDSL" or "High-Bit Rate Digital Subscriber Line" means a transmission
technology which transmits up to a DS 1-level signal, using any one of the
following line codes: 2 Binary / 1 Quartenary ("2B 1 Q"), Carrierless AM/PM,
Discrete Multitone ("DMT"), or 3 Binary / 1 Octel ("3BO").
1.29 "Information Service Traffic" means Local Traffic or IntraLATA Toll
Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform (e.g., 976).
1.30 "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch, at a DS1 level, twenty-four (24)
local Link transmission paths combined into a 1.544 Mbps digital signal.
1.31 "Interconnection" is As Described in the Act and refers to the
connection of a network, equipment, or facilities, of one carrier with the
network, equipment, or facilities of another for the purpose of transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic.
1.32 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
1.33 "Interim Telecommunications Number Portability" or "INP" is As
Described in the Act.
1.34 "InterLATA Service" is As Defined in the Act.
1.35 "Integrated Services Digital Network" or "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).
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1.36 "Local Access and Transport Area" or "LATA" is As Defined in the Act.
1.37 "Local Exchange Carrier" or "LEC" is As Defined in the Act.
1.38 "Local Link Transmission" or "Link" means the entire transmission path
which extends from the network interface/demarcation point at a Customer's
premises to the Main Distribution Frame or other designated frame or panel in a
Party's Wire Center which serves the Customer. Links are defined by the
electrical interface rather than the type of facility used.
1.39 "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).
1.40 "Main Distribution Frame" or "MDF" means the distribution frame of the
Party providing the Link used to interconnect cable pairs and line and trunk
equipment terminals on a switching system.
1.41 "Meet-Point Billing" means the process whereby each Party bills the
appropriate tariffed rate for its portion of a jointly provided Switched
Exchange Access Service as agreed to in the Agreement for Switched Access Meet
Point Billing.
1.42 "Network Element" is As Defined in the Act.
1.43 "Network Element Bona Fide Request" means the process described on
Exhibit A that prescribes the terms and conditions relating to a Party's request
that the other Party provide a Network Element not otherwise provided by the
terms of this Agreement.
1.44 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States, Canada, Bermuda, Puerto Rico and certain Caribbean
Islands. The NANP format is a 1 0-digit number that consists of a 3-digit NPA
code (commonly referred to as the area code), followed by a 3-digit NXX code and
4-digit line number.
1.45 "Number Portability" is As Defined in the Act.
1.46 "NXX" means the three-digit code which appears as the first three
digits of a seven digit telephone number.
1.47 "Party" means either BA or FOCAL and Parties means BA and FOCAL.
1.48 "Port" means a termination on a Central Office Switch that permits
Customers to send or receive Telecommunications over the public switched
network, but does not include switch features or switching functionality.
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1.49 "POT Bay" or "Point of Termination Bay" means the intermediate
distributing frame system which serves as the point of demarcation for
collocated interconnection. 1.49
1.50 "Rate Center" means the specific geographic point which has been
designated by a given LEC as being associated with a particular NPA-NXX code
which has been assigned to the LEC for its provision of Telephone Exchange
Service. The Rate Center is the finite geographic point identified by a
specific V&H coordinate, which is used by that LEC to measure, for billing
purposes, distance sensitive transmission services associated with the specific
Rate Center. Rate Centers will be identical for each Party until such time as
FOCAL is permitted by an appropriate regulatory body or elects to create its own
Rate Centers within an area.
1.51 "Reciprocal Compensation" is As Described in the Act, and refers to
the payment arrangements that recover costs incurred for the transport and
termination of Telecommunications originating on one Party's network and
terminating on the other Party's network.
1.52 "Reciprocal Compensation Call" or "Reciprocal Compensation Traffic" a
Telephone Exchange Service Call completed between the Parties, which qualifies
for Reciprocal Compensation pursuant to the terms of this Agreement and
prevailing Commission rules that may exist.
1.53 "Route Indexing" means the provision of Interim Number Portability
through the use of direct trunks provisioned between end offices of BA and FOCAL
over which inbound traffic to a ported number will be routed.
1.54 "Routing Point" means a location which a LEC has designated on its own
network as the homing (routing) point for inbound traffic to one or more of its
NPA-NXX codes. The Routing Point is also used to calculate mileage measurements
for the distance-sensitive transport element charges of Switched Exchange Access
Services. Pursuant to Xxxx Communications Research, Inc. ("Bellcore") Practice
BR 000-000-000 (the "Bellcore Practice"), the Routing Point (referred to as the
"Rating Point" in such Bellcore Practice) may be an End Office Switch location.
or a "LEC Consortium Point of Interconnection." Pursuant to such Bellcore
Practice, each "LEC Consortium Point of Interconnection" shall be designated by
a common language identifier ("CLLI") code with (x) KD in positions 9, 10, 11,
where (x) may be any alphanumeric A-Z or 0-9. The Routing Point must be located
within the LATA in which the corresponding NPA-NXX is located. However, Routing
Points associated with each NPA-NXX need not be the same as the corresponding
Rate Center, nor must there be a unique and separate Routing Point corresponding
to each unique and separate Rate Center; provided only that the Routing Point
associated with a given NPA-NXX must be located in the same LATA as the Rate
Center associated with the NPA-NXX.
1.55 "Service Control Point" or "SCP" means a component of the signaling
network that acts as a database to provide information to another component of
the signaling network
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(i.e., Service Switching Point or another SCP) for processing or routing certain
types of network calls. A query/response mechanism is typically used in
communicating with an SCP.
1.56 "Signaling Transfer Point" or "STP" means a component of the signaling
network that performs message routing functions and provides information for the
routing of messages between signaling network components. An STP transmits,
receives and processes CCIS messages.
1.57 "Single Xxxx/Multiple Tariff" shall mean that one xxxx is rendered to
the IXC from all LECs who are jointly providing access service. A single xxxx
consists of all rate elements applicable to access services billed on one
statement of charges under one billing account number using each Party's
appropriate access tariffs. The xxxx could be rendered by or on behalf of,
either of the Parties.
1.58 "Strapping" means the act of installing a permanent connection between
a point of termination bay and a collocated interconnector's physical
collocation node.
1.59 "Switched Exchange Access Service" means the offering of transmission
or switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange Access
Services include: Feature Group A, Feature Group B. Feature Group D, 800/888
access, and 900 access and their successors or similar Switched Exchange Access
services.
1.60 "Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base transmission rate is 51.84 Mbps (OC-1/STS-1) and higher rates
are direct multiples of the base rate.
1.61 "Technically Feasible Point" is As Described in the Act.
1.62 "Telecommunications" is As Defined in the Act. J
1.63 "Telecommunications Act" means the Telecommunications Act of 1996 and
any rules and regulations promulgated thereunder.
1.64 "Telecommunications Carrier" is As Defined in the Act.
1.65 "Telecommunications Service" is As Defined in the Act.
1.66 "Telephone Exchange Service" is As Defined in the Act.
1.67 "Telephone Exchange Service Call" or "Telephone Exchange Service
Traffic" means a call completed between two Telephone Exchange Service Customers
of the Parties located in the same LATA, originated on one Party's network and
terminated on the other
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Party's network where such call was not carried by a third Party as either a
presubscribed call (1+) or a casual dialed (10X=) or (101XX) call. Telephone
Exchange Service Traffic is transported over Traffic Exchange Trunks.
1.68 "Telephone Toll Service" is As Defined in the Act.
1.69 "Wire Center" means an occupied structure or portion thereof in which
a Party has the exclusive right of occupancy and which serves as a Routing Point
for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION
2.1 All references to Sections, Exhibits and Schedules shall be deemed to
be references to Sections of, and Exhibits and Schedules to, this Agreement
unless the context shall otherwise require. The headings of the Sections and
the terms defined in Schedule 1.0 are inserted for convenience of reference only
and are not intended to be a part of or to affect the meaning of this Agreement.
Unless the context shall otherwise require, any reference to any agreement,
other instrument (including BA or other third Party offerings, guides or
practices), statute, regulation, rule or tariff is to such agreement,
instrument, statute, regulation, convenience of reference only and are not
intended to be a part of or to affect the meaning or rule or tariff as amended
and supplemented from time to time (and, in the case of a statute, regulation,
rule or tariff, to any successor provision).
2.2 The Parties recognize that FOCAL has elected to adopt in this
Agreement the terms and conditions of the Interconnection Agreement between KMC
Telecom and New York Telephone Company approved by the Commission on September
23, 1997 ("KMC Agreement") pursuant to section 252(i) of the Act. The Parties
agree that if any term or condition of the KMC Agreement is subsequently
amended, upon the written request of either Party, the Parties shall take all
steps to immediately effect the same amendment to this Agreement.
3.0 SCOPE
This Agreement sets forth the terms and conditions under which FOCAL and BA
will interconnect their respective networks to enable FOCAL to provide
telecommunications services consistent with the rights and obligations set forth
in Section 251 of the Act
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
Subject to the terms and conditions of this Agreement, Interconnection of
the Parties' facilities and equipment pursuant to Section 4.0 for the
transmission and routing of Telephone Exchange Service traffic and Exchange
Access traffic shall be established on or before the corresponding
"Interconnection Activation Date" shown for each such LATA within the State of
New York on Schedule 4.0. Schedule 4.0 may be revised and supplemented from
time to time upon the mutual agreement of the Parties to reflect the
Interconnection in additional LATAs
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in New York State pursuant to Section 4.4 by attaching one or more supplementary
schedules to such schedule. Interconnection in the LATA shall be accomplished
through either (i) a Fiber Meet as provided in Section 4.2, (ii) Collocation as
provided in Section 12.0, (iii) any other Interconnection method provided by
applicable tariff, law, rule or regulation, or (iv) any other Interconnection
method to which the Parties may agree.
4.1 Scope
Section 4.0 describes the physical architecture for Interconnection of the
Parties' facilities and equipment for the transmission and routing of local
traffic and IntraLATA toll traffic pursuant to Section 251(c)(2) of the Act.
Sections 5.0 and 6.0 prescribe the specific logical trunk groups (and traffic
routing parameters) which will be configured over the physical connections
described in this Section 4.0 related to the transmission and routing of local
traffic and Exchange Access traffic, respectively. Other trunk groups, as
described in this Agreement, may be configured using this architecture.
4.2 Physical Architecture
In each LATA identified on Schedule 4.0, FOCAL and BA shall configure
existing network interconnection arrangements under a joint network
configuration and grooming plan ("Joint Grooming Plan" as defined in Section
8.1). Both Parties will endeavor to provision a diverse, reliable network that
incorporates the most practicable technologies.
4.2.1 Network architecture under the Joint Grooming Plan shall be
established under the following minimum criteria:
(a) The Parties shall establish physical interconnection points at the
locations designated on Schedule 4.0. Points on the FOCAL network
from which FOCAL will provide transport and termination of traffic are
designated as the FOCAL Interconnection Points ("F-IP"). Points on
the BA network from which BA will provide transport and termination of
traffic are designated as the BA Interconnection Points ("BA-IP").
Additional interconnection points may be established by mutual
agreement of both parties at any technically feasible points
consistent with Act.
(b) Each Party will provide owned or leased facilities to deliver
traffic originated on its respective networks to the designated
interconnection points of the other Party's network. The Party
terminating the traffic will be responsible for all transport and
termination of calls beyond the designated interconnection point.
4.2.2 The Parties may implement one of the following configurations
as part of the Joint Grooming Plan, unless an alternative plan is mutually
agreed to by both parties.
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(a) a jointly maintained SONET network, in which each Party is
responsible for the procurement, installation, and maintenance of
mutually agreed-upon Optical Line Terminating Multiplexer ("OLTM")
equipment at its respective premises. Additionally, each Party will
be responsible for the installation and maintenance of one-half of a
fiber optic ring;
(b) interconnection of networks at an optical level via a Fiber Meet
or other comparable means.
4.2.3 The Parties agree to allow interim alternatives to the
architecture described in Section 4.2, utilizing electrical hand-offs, provided
the Parties mutually develop and agree on a plan to fully transition to an
arrangement reflective of Section 4.2 within one hundred and eighty (180) days
following the Interconnection Activation Date listed in Schedule 4.0.
4.3 Technical Specifications
4.3.1 FOCAL and BA shall work cooperatively to install and maintain a
reliable network. FOCAL and BA shall exchange appropriate information (e.g.,
maintenance contact numbers, network information, information required to comply
with law enforcement and other security agencies of the Government and such
other information as the Parties shall mutually agree) to achieve this desired
reliability.
4.3.2 FOCAL and BA shall work cooperatively to apply sound network
management principles by invoking network management controls to alleviate or to
prevent congestion.
4.3.3 The publication "Bellcore Technical Publication GR-342-CORE;
High Capacity Digital Special Access Service, Transmission Parameter Limits and
Interface Combinations" describes the practices, procedures, specifications and
interfaces generally utilized by BA and is referenced herein to assist the
Parties in meeting their respective Interconnection responsibilities related to
Electrical/Optical Interfaces.
4.4 Interconnection in Additional LATAs
4.4.1 If FOCAL determines to offer Telephone Exchange Services in any
other LATA in which BA also offers Telephone Exchange Services in New York
State, FOCAL shall provide written notice to BA of the need to establish
Interconnection in such LATA pursuant to this Agreement.
4.4.2 The notice provided in Section 4.5.1 shall include (i) the
initial Routing Point FOCAL has designated in the new LATA; (ii) FOCAL's
requested Interconnection Activation Date; and (iii) a non-binding forecast of
FOCAL's bunking requirements.
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4.4.3 Unless otherwise agreed by the Parties, the Parties shall
designate the Wire Center FOCAL has identified as its initial Routing Point in
the LATA as the F-IP in that LATA and shall designate the BA Tandem Office Wire
Center within the LATA nearest to the F-IP (as measured in airline miles
utilizing the V&H coordinates method) as the BA-IP in that LATA.
4.4.4 Unless otherwise agreed by the Parties, the Interconnection
Activation Date in each new LATA shall be the earlier of (i) the date mutually
agreed by the Parties and (ii) the date that is one-hundred and fifty (150) days
after the date on which FOCAL delivered notice to BA pursuant to Section 4.4.1.
Within ten (10) business days of BA's receipt of FOCAL's notice, BA and FOCAL
shall confirm the BA-IP, the F-IP and the Interconnection Activation Date for
the new LATA by attaching a supplementary schedule to Schedule 4.0.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT TO
SECTION 2S1(c)(2)
5.1 Scope of Traffic
Section 5.0 prescribes parameters for trunk groups (the "Traffic Exchange
Trunks") to be effected over the Interconnections specified in Section 4.0 for
the transmission and routing of Telephone Exchange Service Traffic between the
Parties' respective Telephone Exchange Service Customers.
5.2 Switching System Hierarchy
5.2.1 For purposes of this Section 5.0, each of the following Central
Office Switches shall be designated as a "Primary Switch":
(a) Each Access Tandem BA operates in the LATA;
(b) The initial switch FOCAL employs to provide Telephone Exchange
Service in the LATA;
(c) Any Access Tandem FOCAL may establish for provision of Exchange
Access in the LATA;
(d) Any additional switch FOCAL may subsequently employ to provide
Telephone Exchange Service in the LATA which FOCAL may at its
sole option designate as a Primary Switch; provided that the
total number of FOCAL Primary Switches for a LATA may not exceed
the total number of BA Primary Switches for that LATA. To the
extent FOCAL chooses to designate any additional switch as a
Primary Switch, it shall provide notice to BA of such designation
at least ninety (90) days in advance of the date on which FOCAL
activates such switch as a Primary Switch; and
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(e) Any additional tandem switch BA may subsequently employ to
provide access and/or sector traffic capacity within a LATA.
Traffic destined to sub-tending Secondary Switches routed via
such a tandem(s) would be determined by network requirements and
notice made available to all LECs at least one hundred and eighty
(180) days prior to service introduction.
5.2.2 Each Central Office operated by the Parties which is not
designated as a Primary Switch pursuant to Section 5.2.1 shall be designated as
a "Secondary Switch".
5.2.3 For purposes of FOCAL routing traffic to BA, sub-tending
arrangements between BA Primary Switches and BA Secondary Switches shall be the
same as the Access Tandem/End Office sub-tending arrangements which BA maintains
for those switches. For purposes of BA routing traffic to FOCAL, subtending
arrangements between FOCAL Primary Switches and FOCAL Secondary Switches shall
be the same as the Access Tandem/End Office sub-tending arrangements which FOCAL
maintains for those switches.
5.3 Trick Group Architecture and Traffic Routing
The Parties shall jointly engineer and configure Traffic Exchange Trunks
over the physical Interconnection arrangements for the transport and termination
of Telephone Exchange Service Traffic as follows:
5.3.1 The Parties shall each initially configure a separate two-way
trunk group as direct transmission path between each FOCAL Primary Switch and
each BA Primary Switch.
5.3.2 Notwithstanding anything to the contrary in this Section 5.0,
if the individual trunk group volumes between any two Central Office Switches
(whether Primary Primary, Primary-Secondary, or Secondary-Secondary)
consistently exceed the blocking parameters established in the Joint Grooming
Plan, the Parties will augment such trunk groups so as to achieve established
service objectives. Such augmentation shall be consistent with established
network design methods using modular trunk engineering techniques where
practical.
5.3.3 BA and FOCAL will allow each other to route their intrastate
and interstate switched access service traffic over the Traffic Exchange Trunk
Groups, pursuant to the rates, terms and conditions specified in each Party's
effective intrastate and interstate access tariffs or at generally available and
prevailing rates, terms and conditions.
5.4 Signaling
5.4.1 Where available, CCIS signaling shall be used by the Parties to
set up calls between the Parties' Telephone Exchange Service networks. If CCIS
signaling is unavailable, ME (Multi-Frequency) signaling shall be used by the
Parties. Each Party shall charge the other Party equal and reciprocal rates for
CCIS signaling in accordance with applicable tariffs. During
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the term of this Agreement neither Party shall charge the other Party additional
usage-sensitive rates for SS7 queries (TCAP and ISUP) made for Local Traffic.
5.4.2 The publication "Bellcore Special Report SR-TSV-002275, BOC Notes on
the LEC Networks - Signaling" describes the practices, procedures and
specifications generally utilized by BA for signaling purposes and is referenced
herein to assist the Parties in meeting their respective Interconnection
responsibilities related to signaling.
5.4.3 The Parties will cooperate on the exchange of Transactional
Capabilities Application Part (TCAP) messages to facilitate interoperability of
CCIS-based features between their respective networks, including all CLASS
features and functions, to the extent each Party offers such features and
functions to its Customers. All CCIS signaling parameters will be provided
including, calling Party number (CPN), originating line information (OLI),
calling Party category and charge number.
5.4.4 Each Party shall provide trunk groups where available that are
configured utilizing the B8ZS ESF protocol for 64 Kbps clear channel
transmission to allow for ISDN -interoperability between the Parties' respective
networks.
5.5 Grades of Service
The Parties shall engineer and shall jointly monitor and enhance all trunk
groups consistent with the Joint Grooming Plan.
5.6 Measurement and Billing
5.6.1 For billing purposes, each Party shall pass Calling Party
Number (CPN) information on each call carried Trunks; provided that so long as
the percentage of calls passed with CPN is greater than ninety percent (90%),
all calls exchanged without CPN information shall be billed as either Local
Traffic or IntraLATA Toll Traffic in direct proportion to the minutes of use of
calls exchanged with CPN information.
5.6.2 Measurement of billing minutes (except for originating 800/888
calls) shall be in actual conversation seconds. Measurement of billing minutes
for originating 800/888 calls shall be in accordance with applicable tariffs.
5.6.3 Where CPN is not available in a LATA for greater than 10% of
the traffic, the Party sending the traffic shall provide factors to determine
the jurisdiction, as well as local vs. toll distinction, of the traffic. Such
factors shall be supported by call record details that will be made available
for review upon request. Where parties are passing CPN but the receiving Party
is not properly receiving or recording the information, the Parties shall
cooperatively work to correctly identify the traffic, and establish a mutually
agreeable mechanism that will prevent improperly rated traffic..
Notwithstanding this, if any improperly rated traffic occurs, the Parties agree
to reconcile it.
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5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5).
5.7.1 Reciprocal Compensation only applies to the transport and
termination of Reciprocal Compensation Traffic by BA or FOCAL which a Telephone
Exchange Service Customer originates on BA's or FOCAL's network for termination
on the other Party's network except as provided in Section 5.7.6 below.
5.7.2 The Parties shall compensate each other for transport and
termination of Reciprocal Compensation Traffic in an equal and symmetrical
manner at the rate provided in the -[Pricing Schedule. This rate is to be
applied at the F-IP for traffic delivered by BA, and at the BA-IP for traffic
delivered by FOCAL. No additional charges, including port or transport charges,
shall apply for the termination of Reciprocal Compensation Traffic delivered to
the F-IP or the BA-IP. When Reciprocal Compensation Traffic is terminated over
the same trunks as intraLATA or interLATA toll, any port or transport or other
applicable access charges related to the toll traffic shall be prorated to be
applied only to the such other toll traffic.
5.7.3 The Reciprocal Compensation arrangements set forth in this Agreement
are not applicable to Switched Exchange Access Service or to any other intraLATA
calls originated on a third Party carrier's network on a 1+ presubscribed basis
or a casual dialed (10X or 101XX=) basis. All Switched Exchange Access Service
and all IntraLATA Toll Traffic shall continue to be governed by the terms and
conditions of the applicable federal and state tariffs.
5.7.4 The rates for termination of Reciprocal Compensation Traffic are set
forth in Pricing Schedule which is incorporated by reference herein.
5.7.5 Compensation for transport and termination of all traffic which is
subject to performance of INP by one Party for the other Party pursuant to
Section 13.0 shall be as specified in Section 13.6.
5.7.6 When either Party delivers seven (7) or ten (10) digit translated
intraLATA 800/888 service to the other Party for termination, the originating
Party shall provide the terminating Party with billing records in industry
standard format (EMR) if required by the terminating Party. The originating
Party may xxxx the terminating Party for the delivery of the traffic at local
Reciprocal Compensation rates. The terminating Party may not xxxx the
originating Party Reciprocal Compensation under this Agreement. The Party that
is providing the 800/888 service shall pay the database inquiry charge per the
Pricing Schedule to the Party that performed the database inquiry.
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6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO 251(c)(2)
6.1 Scope of Traffic
Section 6.0 prescribes parameters for certain trunk groups ("Access Toll
Connecting Trunks") to be established over the Interconnections specified in
Section 4.0 for the transmission and routing of Exchange Access traffic between
FOCAL's Telephone Exchange Service Customers and Interexchange Carriers
("IXCs").
6.2 Trunk Group Architecture and Traffic
6.2.1 The Parties shall jointly establish Access Toll Connecting
Trunks by which they will jointly provide tandem-transported Switched Exchange
Access Services to Interexchange Carriers to enable such Interexchange Carriers
to originate and terminate traffic from/to FOCAL 's Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow FOCAL's Customers to
connect to or be connected to the Interexchange trunks of any Interexchange
Carrier which is connected to an BA Access Tandem.
6.2.3 The Access Toll Connecting Trunks shall be two-way trunks
connecting an End Office Switch FOCAL utilizes to provide Telephone Exchange
Service and Switched Exchange Access in a given LATA to an Access Tandem Switch
BA utilizes to provide Exchange Access in such LATA.
6.2.4 The Parties shall jointly determine which BA Access Tandem(s)
will be sub-tended by each FOCAL End Office Switch. FOCAL end office switch
shall subtend the BA Access Tandem that would have served the same rate center
on BA's network. Alternative configurations will be discussed as part of the
Joint Grooming Plan.
6.3 Meet-Point Billing Arrangements
6.3.1 Meet-Point Billing arrangements between the Parties for
jointly-provided Switched Exchange Access Services on Access Toll Connecting
Trunks will be governed by the terms and conditions of a mutually agreeable
arrangement which the Parties will work to develop.
6.3.2 With respect to the Meet Point Billing arrangements, until and
unless changed by the FCC on a going forward basis, FOCAL shall retain 100% of
the Residual Interconnection Charge in instances in which FOCAL provides the end
office switching as of the date this agreement is signed.
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7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Services Traffic
7.1.1 Bundled IP Billing Arrangement:
7.1.1.1 Routing and Provisioning
Each Party shall route Information Service Traffic originates on its own
network to the appropriate information services platform(s) connected to the
other Party's network. Where the FOCAL uses its own network facilities, the
FOCAL will establish a direct trunk group to the BA information services tandem
switch. This trunk group will be utilized to allow the FOCAL to route
Information Service Traffic originated on its network to BA. Where BA routing
plans permit a combination of POTS and IP traffic on such direct trunk groups,
the FOCAL may route a combination of POTS and IP traffic without establishing a
separate direct trunk group exclusively for IP data. However, where BA requires
direct trunks dedicated to IP traffic, the FOCAL must establish direct,
dedicated bunking for its IP traffic. Such determinations will be at the sole
discretion of BA, on a par with its established routing requirements in each
LATA, and are subject to change.
Where the FOCAL utilizes the BA network through the purchase of unbundled
network elements, Information Service Traffic may be routed over BA information
service trunks on a shared basis.
7.1.1.2 Information Mass Announcement Services
a) For Information Mass Announcement Service, the Party
('Originating Party') on whose network the Information Services Traffic
originated shall xxxx and collect such Information Provider charges and remit an
amount equal to such charges to the Party ('Terminating Party') to whose
information platform the Information Service Traffic terminated less the
Information Service Billing and Collection fee set forth in the Pricing
Schedule. The Terminating Party may xxxx the Originating Party for such
charges. The Originating Party shall pay the Terminating party in full
regardless of uncollectible items. This shall apply whether the originating
party uses its own network or utilizes the other party's network through the
purchase of unbundled network elements.
b) Upon request, the Party (Originating Party) on whose network the
Information Service Traffic originated shall provide via electronic file
transfer or magnetic tape or other means as available all recorded call detail
information to the Party (Terminating Party) to whose information platform the
Information Service Traffic terminated, at the standard price for record
transmission. This data shall be in unrated EMR format per OBF/Bellcore
standard.
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7.1.1.3 Variable Rated Information Services
a) The Party (Originating Party) on whose network the Information
Service Traffic originated shall provide via electronic file transfer or
magnetic tape or other means as available all recorded call detail information
to the Party (Terminating Party) to whose information platform the Information
Service Traffic terminated, at the standard price for record transmission. This
data shall be in unrated EMR format per OBF/Bellcore standard. This shall apply
whether the originating party uses its own network or utilizes the other party's
network through the purchase of unbundled network elements.
b) The Terminating Party shall provide to the Originating Party via
electronic file transfer or magnetic tape or other means as available all
necessary information to xxxx the Information Service Traffic to the Originating
Party's Customers pursuant to the Terminating Party's agreements with each
Information Provider, at the standard price for record transmission.
Information shall be provided in as timely a fashion as practical in order to
facilitate record review and reflect actual prices set by the individual
Information Providers. This data will consist of the EMR records previously
delivered by the Originating Party, returned to the Originating Party in rated
format where possible, or with appropriate indicators populated on error
messages. No Billing and Collection fees will be applied to error messages. No
taxes will be calculated or paid on the Originating Party's traffic.
c) The Originating Party shall xxxx and collect such Information
Provider charges and remit the amounts collected to the Terminating Party less:
(1) The Information Services Billing and Collection fees set
forth on the Pricing Schedule;and
(2) Customer adjustments provided by the Originating Party.
Adjustments are made for subscriber-priced traffic only.
d) The Terminating Party shall calculate these charges and xxxx them
to the Originating Party for remittance.
e) The Originating Party shall provide to the Terminating Party
sufficient information regarding uncollectibles and customer adjustments. The
Terminating Party shall pass through the adjustments to the Information
Provider. However, if the Information Provider disputes such adjustments and
refuses to accept such adjustments, the Originating Party shall reimburse the
Terminating Party for all such disputed adjustments. Final resolution regarding
all disputed adjustments shall be solely between the Originating Party and the
Information Provider.
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7.1.1.4 Blocking
Nothing in this Agreement shall restrict either Party from offering to
its Exchange Service Customers the ability to block the completion of
Information Service Traffic, whether Information Mass Announcement Services or
Variable Rated Information Services.
7.1.1.5 Billing and Usage Specifications
The Parties shall adopt an Information Provider Usage and Billing
Specification Agreement prior to implementation of this billing arrangement.
With the mutual consent of both Parties, the Information Provider Usage and
Billing Specification Agreement may be modified in the future.
7.1.2 Unbundled IP Billing Arrangement:
7.1.2.1 Routing and Provisioning
Each Party shall route Information Service Traffic which originates on
its own network to the appropriate information services platform(s) connected to
the other Party's network. Where the FOCAL uses its own network facilities, the
FOCAL will establish a direct trunk group to the BA information services tandem
switch. This trunk group will be utilized to allow the FOCAL to route
Information Service Traffic originated on its network to BA. Where BA routing
plans permit a combination of POTS and IP traffic on such direct trunk groups,
the FOCAL may route a combination of POTS and IP traffic without establishing a
separate direct trunk group exclusively for IP data. However, where BA requires
direct trunks dedicated to IP traffic, FOCAL must establish direct, dedicated
bunking for its IP traffic.. Such determinations will be at the sole discretion
of BA, on a par with its established routing requirements in each LATA, and are
subject to change.
Where the FOCAL utilizes the BA network through the purchase of unbundled
network elements, Information Service Traffic may be routed over BA information
service trunks on a shared basis.
7.1.2.2 Information Mass Announcement Services
a) For Information Mass Announcement Service, the Party
('Originating Party') on whose network the Information Services Traffic
originated shall xxxx and collect such Information Provider charges and remit an
amount equal to such charges to the Party ('Terminating Party') to whose
information platform the Information Service Traffic terminated less the
Information Service Billing and Collection fee set forth in the Pricing
Schedule. The Terminating Party may xxxx the Originating Party for such
charges. The Originating Party shall pay the Terminating party in full
regardless of uncollectible items. This shall apply whether the originating
party uses its own network or utilizes the other party's network through the
purchase of unbundled network elements.
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b) Upon request, the Party (Originating Party) on whose network the
Information Service Traffic originated shall provide via electronic file
transfer or magnetic tape or other means as available all recorded call detail
information to the Party (Terminating Party) to whose information platform the
Information Service Traffic terminated, at the standard price for record
transmission. This data shall be in unrated EMR format per OBF/Bellcore
standard.
7.1.2.3 Variable Rated Information Services
a) The Terminating Party shall charge the originating Party $.03 per
minute of use for transport and switching. These charges shall be calculated by
the Terminating Company and billed to the Originating Company. These charges
shall apply whether the Originating Party uses its own network or utilizes the
other party's network through the purchase of unbundled network elements. End
user customer adjustments shall not apply to these charges.
b) Upon request from the Originating Party, the Terminating Party
shall make available its Rating Service at a charge of $.03 per message plus a
$15,000 non-recurring charge. Under Rating Service, the Originating Party shall
provide to the Terminating Party via electronic file transfer or magnetic tape
or other means as available recorded call detail information in unrated EMR
format per OBF/Bellcore standard; the Terminating Party shall rate such calls
placed by the Originating Party's Customers and terminating to Information
Provider services contracted with the Terminating Party, according to the rates
established by such Information Providers. The Terminating Party shall then
return the call records to the Originating Party, in rated format where
possible, or with appropriate indicators populated on error messages. The
Rating Service fee will be applied to all messages. In addition to the charges
for Rating Service, standard charges will be made by the Terminating Party for
the transmission and delivery of such records and files. The Terminating Party
will not xxxx and collect for such rated calls. The Terminating Party will not
calculate or pay taxes for such rated calls.
c) Alternatively, at the originating Party's option, it may purchase
a rating table from the Terminating Party at the rate set forth in the Pricing
Schedule.
d) The Originating Party is responsible for all payments due the
Information Providers to whose programs that Party's Customer places calls, and
other obligations and relationships with such Information Providers.
e) Resolution regarding all customer adjustments shall be solely
between the Originating Party and the Information Provider.
7.1.2.4 Blocking
Nothing in this Agreement shall restrict either Party from offering to
its Exchange Service Customers the ability to block the completion of
Information Service Traffic, whether Information Mass Announcement Services or
Variable Rated Information Services.
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7.1.2.5 Billing and Usage Specifications
The Parties shall adopt an Information Provider Usage and Billing
Specification Agreement prior to implementation of this billing arrangement.
With the mutual consent of both Parties, the Information Provider Usage and
Billing Specification Agreement may be modified in the future.
7.2 Tandem Transient Service ("Transit Service")
7.2.1 "Transit Service" means the delivery of certain traffic between
FOCAL and a LEC by BA over the Telephone Exchange Service Tanks. The following
traffic types will be delivered: (i) Local Traffic or IntraLATA Toll originated
from FOCAL to such LEC and (ii) Local or IntraLATA Toll Traffic originated from
such LEC and terminated to FOCAL where BA carries such traffic pursuant to the
Commission's primary toll carrier plan or other similar plan.
7.2.2 Subject to Section 7.2.4, the Parties shall compensate each
other for Transit Service as follows:
(a) FOCAL shall pay BA for Local Traffic originates over the Transit
Service at the rate specified in Pricing Schedule plus any
additional charges or costs such terminating LEC imposes or
levies on BA for the delivery or termination of such traffic,
including any switched access charges; and
(b) BA shall pay FOCAL for Local, InterLATA, or IntraLATA Toll
Traffic terminated to FOCAL from such LEC at the appropriate
reciprocal compensation rates described in Section 5.7, InterLATA
access rates, or (where BA delivers such traffic pursuant to the
Commission's primary toll carrier plan or other similar plan) at
FOCAL's applicable switched access rates or local termination
rate, whichever is appropriate.
7.2.3 While the Parties agree that it is the responsibility of FOCAL
to enter into arrangements to deliver Local Traffic to LECs, they acknowledge
that such arrangements are not currently in place and an interim arrangement is
necessary to ensure traffic completion. Accordingly, until the earlier of (i)
the date on which FOCAL has entered into an arrangement with such LEC to deliver
Local Traffic to FOCAL or (ii) one-hundred and eighty (180) days after the
Interconnection Activation Date, BA will deliver and FOCAL will terminate Local
Traffic originated from such LEC without charge to one another.
7.2.4 BA expects that all networks involved in Transit traffic will
deliver each call to each involved network with CCIS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of those services supported by BA as noted in section 1.12 and
billing functions. In all cases, FOCAL is responsible to
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follow the Exchange Message Record ("EMR") standard and exchange records with
both BA and the terminating LEC to facilitate the billing process to the
originating network.
7.2.5 For purposes of this Section 7.2, BA agrees that it shall make
available to FOCAL, at FOCAL's sole option, any transiting arrangement BA offers
to another LEC at the same rates, terms and conditions provided to such other
LEC.
7.3 Dedicated Transit Service
7.3.1 "Dedicated Transit Service" provides for the dedicated
connection between a FOCAL collocation arrangement established pursuant to
applicable tariffs and/or license agreements at a BA premises and a collocation
arrangement of a third Party carrier that maintains a collocation arrangement at
the same premises. Dedicated Transit Service shall be provided using a cross-
connection (dedicated connection) using suitable BA-provided cable or
transmission facilities or any other mutually agreed upon arrangement.
7.3.2 The carrier that requests the Dedicated Transit Service shall
be the customer of record for both ends of the service in terms of ordering,
provisioning, maintenance, and billing. Alternative arrangements may be
utilized if agreed upon by all three parties.
7.4 911/E911 Arrangements
7.4.1 FOCAL will interconnect to the BA 91 l/E911 selective
router/911 tandems which serve the areas in which FOCAL provides exchange
services, for the provision of 911/E911 services and for access to all sub-
tending Public Safety Answering Points ("PSAPs"). BA will provide FOCAL with
the appropriate CLLI codes and specifications of the tandem serving area.
7.4.2 Path and route diverse interconnections for 911/E911 shall be
made at the F-IP, the BA-IP, or other points as necessary and mutually agreed.
7.4.3 BA will provide FOCAL with an electronic interface through
which FOCAL shall input and provide a daily update of 911/E911 database
information related to appropriate FOCAL customers. BA will provide as
permitted by the PSC, FOCAL with the Master Street Address Guide (MSAG) so that
FOCAL can ensure the accuracy of the data transfer. Additionally, BA shall
assist FOCAL in identifying the appropriate person in each municipality for the
purpose of obtaining the ten-digit Subscriber number of each PSAP.
7.4.4 BA and FOCAL will use their best efforts to facilitate the
prompt, robust, reliable and efficient interconnection of FOCAL systems to the
91 1/E911 platforms.
7.4.5 BA and FOCAL will work cooperatively to arrange meetings with
PSAPs to answer any technical questions the PSAPs, or county or municipal
coordinators may have regarding the 91 l/E911 arrangements.
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7.4.6 FOCAL will compensate BA for connections to its 911/E911
pursuant to the Pricing Schedule.
7.4.7 FOCAL will comply with all applicable rules and regulations
pertaining to the provision of 91 1/E911 services in the state of New York.
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR.
8.1 Joint Network Configuration and Grooming Plan. On or before January
1, 1998, FOCAL and BA shall jointly develop a grooming plan (the "Joint Grooming
Plan") which shall define and detail, inter alia,
(a) agreement on Physical Architecture consistent with the guidelines
defined in Section 4.0;
(b) standards to ensure that Interconnection trunk groups experience a
grade of service, availability and quality which is comparable to that
achieved on interoffice trunks within BA's network and in accord with
all appropriate relevant industry-accepted quality, reliability and
availability standards;
(c) the respective duties and responsibilities of the Parties with respect
to the administration and maintenance of the trunk groups, including
but not limited to standards and procedures for notification and
discoveries of trunk disconnects,
(d) disaster recovery provision escalations; and
(e) such other makers as the Parties may agree.
The initial mutual interconnection is not dependent upon completion of the
Grooming Plan.
8.2 Installation, Maintenance, Testing and Repair. BA's standard
intervals as defined in BA's New York Tariff P.S.C. No. 914 will be utilized
in connection with the establishment of all interconnection bunking arrangements
between the Parties. FOCAL shall meet the same intervals for comparable
installations, maintenance, joint testing, and repair of its facilities and
services associated with or used in conjunction with Interconnection. If either
Park is unable to meet the intervals specified herein, that Party shall notify
the other and will negotiate additional intervals in good faith.
8.3 The Parties will carefully review the Network Reliability Council's
recommendations and, as part of the Joint Grooming Plan, implement such
recommendations where technically and economically feasible pursuant to the
NYPSC Order in Case 96-C-0917, released December 2, 1996.
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9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3)
9.1 Local Link Transmission Types
Subject to Section 9.5, BA shall allow FOCAL to access the following Link
types (in addition to those Links available under applicable tariffs) unbundled
from local switching and local transport in accordance with the terms and
conditions set forth in this Section 9.
9.1.1 "2-Wire Analog Voice Grade Links" or "Analog 2W" which support
analog transmission of 300-3000 Hz, repeat link start, link reverse battery, or
ground start seizure and disconnect in one direction (toward the End Office
Switch), and repeat ringing in the other direction (toward the Customer).
Analog 2W include Links sufficient for the provision of PBX trunks, pay
telephone lines and electronic key system lines.
9.1.2 "4-Wire Analog Voice Grade Links" or "Analog 4W" which support
transmission of voice grade signals using separate transmit and receive paths
and terminate in a 4-wire electrical interface.
9.1.3 "2-Wire ISDN Digital Grade Links" or "BRI ISDN" (Premium Link)
which support digital transmission of two 64 Kbps bearer channels and one 16
Kbps data channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated Services
Digital Network (BRI-ISDN) Link which will meet national ISDN standards and
conform to ANSI T1.601-1992 & T1E1.4 90-004R3.
9.1.4 DS-1 Digital Grade Link provides a channel which provides 1.544
Mbps digital transmission path between a Customer premises and a BA central
office, and is capable of operating in a full duplex, time division (digital)
multiplexing mode. A DS-1 Digital Grade Link provides transmission capacity
equivalent to 24 voice grade channels with associated signaling, twenty-four 56
Kbps digital channels when in band signaling is provided or twenty-four 64 Kbps
channels with the selection of the Clear Channel signaling option.
9.1.1 Extended Link service is a channel which enables FOCAL when its
is physically collocated in a given BA central office to access unbundled links
served from another BA central office.. Extended Link service is a designed
service (similar to special access and private line services) which requires
detailed engineering to assure that the service provided conforms to specific
transmission performance standards unique to the specific service, e.g., voice
grade DS0, DS1 and DS3.
9.1.6 Links will be offered on the terms and conditions specified
herein and on such other terms in applicable tariffs that are not inconsistent
with the terms and conditions set forth herein. BA shall make Links available
to FOCAL at the rates specified in the Pricing Schedule, as amended from time to
time, or as subsequently determined by the PSC.
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9.2 ADSL and HDSL
9.2.1 The Parties acknowledge that ADSL is not currently deployed for
use in the BA network. If the issues surrounding deployment of ADSL in BA's
network are satisfactorily resolved and ADSL is deployed, BA shall allow FOCAL
to access ADSL links unbundled from local switching and local transport in
accordance with the terms and conditions set forth in this Section 9.
9.2.2 "2-Wire ADSL-Compatible Link" or "ADSL 2W" is a transmission
path which facilitates the transmission of up to a 6 Mbps digital signal
downstream (toward the Customer) and up to a 640 kpbs digital signal upstream
(away from the Customer) while simultaneously carrying an analog voice signal.
An ADSL-2W is provided over a 2-Wire non loaded twisted copper pair provisioned
using revised resistance design guidelines and meeting ANSI Standard T1.413-
1995-007R2. An ADSL-2W terminates in a 2-wire electrical interface at the
Customer premises and at the BA Central Office frame. ADSL technology can only
be deployed over Links which extend less than 18 Kft. from BA's Central
Office.. ADSL compatible Links are only available where existing copper
facilities can meet the ANSI T1.413-1995-007R2 specifications.
9.2.3 "2-Wire HDSL-Compatible Link" or "HDSL 2W" is a transmission
path which facilitates the transmission of a 768 Kbps digital signal over a 2-
Wire non-loaded twisted copper pair meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 / T1E1.4/92-002R3. HDSL compatible Links
are available only where existing copper facilities can meet the T1E1 Technical
Report Number 28 specifications.
9.2.4 "4-Wire HDSL-Compatible Link" or "HDSL 4W" is a transmission
path which facilitates the transmission of a 1.544 Mbps digital signal over two
2-Wire non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
Committee Technical Report Number 28. HDSL compatible Links are available only
where existing copper facilities can meet the specifications.
9.2.5 HDSL and ADSL compatible links will be offered on the terms and
conditions specified herein and on such other terms in applicable tariffs that
are not inconsistent with the terms and conditions set forth herein. BA shall
make Links available to FOCAL at the rates specified by the Commission, as
amended from time to time, subject to the provisions of Section 9.9.
9.3 Port Types
BA shall make available to FOCAL unbundled Ports in accordance with the
terms and conditions of and at the rates specified in applicable tariffs.
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9.4 Private Lines, Special Access and Switched Transport
BA shall provide unbundled private lines, special access and switched
transport local transport from the trunk side of its switches in accordance with
the terms and conditions of and at the rates specified in applicable tariffs.
9.5 Limitations on Unbundled Access
9.5.1 Unless otherwise allowed by the FCC or PSC, FOCAL may not cross
connect a BA-provided Link to a BA- provided Port but instead shall purchase a
network access line under applicable tariffs.
9.5.2 BA shall only be required to provide Links and Ports where such
Links and Ports are available.
9.5.3 FOCAL shall access BA's unbundled Network Elements specifically
identified in this Agreement via Collocation in accordance with Section 12 at
the BA Wire Center where those elements exist and each Link or Port shall be
delivered to FOCAL's Collocation node by means of a Cross Connection or
strapping which in the case of Links, is included in the rates set forth in the
Pricing Schedule or via such other alternative arrangement(s) as the Parties may
mutually agree, or FCC rules, the Act or PSC rules may otherwise require.
9.5.4 BA shall provide FOCAL access to its unbundled Links at each of
BA's Wire Centers. In addition, if FOCAL requests one or more Links serviced by
Integrated Digital Link Carrier or Remote Switching technology deployed as a
Link concentrator, BA shall, where available, move the requested Link(s) to a
spare, existing physical Link at no charge to FOCAL. If, however, no spare
physical Link is available, BA shall within three (3) Business days of FOCAL's
request notify FOCAL of the lack of available facilities. FOCAL may then at its
discretion make a Network Element Bona Fide Request to BA to provide the
unbundled Link through the demultiplexing of the integrated digitized Link(s).
FOCAL may also make a Network Element Bona Fide Request for access to unbundled
Links at the Link concentration site point. Notwithstanding anything to the
contrary in this Agreement, the provisioning intervals set forth in Section 9.7
and the Performance Interval Dates and Performance Criteria set forth in Section
27.0 shall not apply to unbundled Links provided under this Section 9.5.4.
9.5.5 If FOCAL orders a Link type and the distance requested on such
Link -exceeds the transmission characteristics as referenced in the
corresponding Technical Reference specified below, distance extensions may be
required and additional rates and charges shall apply as set forth on the
Pricing Schedule. Parties agree that full technical solutions may not be
available for HDSL and ADSL for these arrangements at the signing of this
agreement, but will make a good faith effort to implement such solutions.
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Link Type Technical Reference/Limitation
Electronic Key Line 2.5 miles
ISDN Bellcore TA-NWT-000393
HDSL 2W T1 E 1 Technical Report Number 28
HDSL 4W T1 E 1 Technical Report Number 28
ADSL 2W ANSI T1.413-1995 Specification
9.6 Availability of Other Network Elements on an Unbundled Basis
9.6.1 BA shall, upon request of FOCAL, at any technically feasible
point provide to FOCAL access to its Network Elements on an unbundled basis for
the provision of FOCAL's Telecommunications Service. Any request by FOCAL for
access to an BA Network Element that is not already available shall be treated
as a Network Element Bona Fide Request. FOCAL shall provide BA access to its
Network Elements as mutually agreed by the Parties or as required by the Act,
Commission or FCC.
9.6.2 A Network Element obtained by one Party from the other Party
under this Section 9.6 may be used in combination with the facilities of the
requesting Party only to provide a Telecommunications Service, including
obtaining billing and collection, transmission, and routing of the
Telecommunications Service.
9.6.3 Notwithstanding anything to the contrary in this Section 9.6, a
Party shall not be required to provide a proprietary Network Element to the
other Party under this Section 9.6 except as required by the Act, Commission or
FCC.
9.7 Provisioning of Unbundled Links
The following coordination procedures shall apply for new unbundled Links
and the conversions of "live" Telephone Exchange Services to unbundled Links
(herein after referred to as "hot cuts"):
9.7.1 FOCAL shall request unbundled Links from BA by delivering to BA
a valid electronic transmittal Service Order using the BA electronic ordering
platform (as cooperatively designed and implemented to meet the minimum
requirements for information exchange needed to order and provision services to
certified local exchange carriers and enhanced to support industry standards as
developed for interconnection services) or another mutually agreed upon system.
Within two (2) business days of BA's receipt of a Service Order, BA shall
provide FOCAL the firm order commitment ("FOC") date according to the applicable
Performance Interval Dates set forth in Schedule 27.0 by which the Link(s)
covered by such Service Order will be installed.
9.7.2 BA agrees to accept from FOCAL at the time the service request
is submitted for scheduled conversion of hot cut unbundled link orders, a
desired date and time (the
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"Scheduled Conversion Time") in the "A.M." (12:01A.M. to 12:00 noon) or "P.M."
(12:01 P.M. to 12:00 midnight) (as applicable, the "Conversion Window") for the
hot cut.
9.7.3 BA shall test for FOCAL dial tone at the POT bay by testing
through the tie cable provisioned between the BA main distributing frame and the
FOCAL expanded interconnection node forty-eight (48) hours prior to the
Scheduled Conversion Time.
9.7.4 Not less than one hour prior to the Scheduled Conversion Time,
either Party may contact the other Party and unilaterally designate a new
Scheduled Conversion Time (the "New Conversion Time"). If the New Conversion
Time is within the Conversion Window, no charges shall be assessed on or waived
by either Party. If, however, the New Conversion Time is outside of the
Conversion Window, the Party requesting such New Conversion Time shall be
subject to the following:
If BA requests the New Conversion Time, the applicable Line Connection
Charge shall be waived; and
If FOCAL requests the New Conversion Time, FOCAL shall be assessed a
Line Connection Charge in addition to the Line Connection Charge that
will be incurred for the New Conversion Time.
9.7.5 Except as otherwise agreed by the Parties for a specific
conversion, the Parties agree that the time interval expected from disconnection
of BA's "live" Telephone Exchange Service to the connection of an unbundled
Network Element at the FOCAL Collocation node's POT bay will be accomplished
within a window of time of sixty (60) minutes or less. If a conversion interval
exceeds sixty (60) minutes and such delay is caused solely by BA (and not by a
contributing Delaying Event (as defined in Section 26.4)), BA shall waive the
applicable tariffed Line Connection Charge for such element. If FOCAL has
ordered INP with the installation of a Link, BA will coordinate the
implementation of INP with the Link conversion during with the above stated
intervals at no additional charge.
9.7.6 If FOCAL requests or approves a BA technician to perform
services in excess of or not otherwise contemplated by the Line Connection
Service charge BA may charge FOCAL for any additional and reasonable labor
charges to perform such services.
9.7.7 If as the result of end user actions, (e.g. Customer not ready
CAR), BA cannot complete requested work activity when technician has been
dispatched to the site FOCAL will be assessed a non-recurring charge associated
with this visit. This charge will be the sum of the Service Order Charge and
Premises Visit Charge as specified in the NYPSC Tariffs Nos. 900/914.
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9.8 Maintenance of Unbundled Network Elements
If (i) FOCAL reports to BA a Customer trouble, (ii) FOCAL requests a
dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused
by BA's facilities or equipment in whole or in part, then FOCAL shall pay BA a
trip charge of $60.00 and $29.15 per quarter hour for time associated with said
dispatch beyond the first 1/2 hour. In addition this charge also applies when
the end user contact as designated by FOCAL is not available at the appointed
time. FOCAL accepts responsibility for initial trouble isolation and providing
BA with appropriate dispatch information based on their test results. If as the
result of FOCAL instructions, BA is erroneously requested to dispatch within a
BA Central Office or to a POT Bay ("dispatch in"), a charge of $100.00 per
occurrence will be assessed to FOCAL by BA. BA agrees to respond to FOCAL
trouble reports on a non-discriminatory basis consistent with the manner in
which it provides service to its own retail customers or to any other similarly
initiated Telecommunications Carrier.
9.9 Acknowledgments Related to Unbundled Network Elements
9.9.1 FOCAL acknowledges that BA's provision of unbundled links
provides it with local loop transmission from the central office to the
customer's premises, unbundled from local switching or other services
9.9.2 FOCAL acknowledges that BA's provision of unbundled switched
transport provides it with local transport from the trunk side of a wireline
local exchange carrier switch unbundled from switching or other services.
9.9.3 FOCAL acknowledges that BA's provision of unbundled line-side
ports and unbundled trunk-side ports provides them local switching unbundled
from transport, local loop transmission and other services.
9.9.4 FOCAL acknowledges that the Network Element Bona Fide Request
Process established pursuant to this Agreement satisfies the requirements of the
Act to provide unbundled network elements.
10.0 RESALE--SECTIONS 251(c)(4) and 251(b)(1)
10.1 Availability of Wholesale Rates for Resale
BA shall offer to FOCAL for resale at wholesale rates its local exchange
telecommunications services, as described in Section 251 (c)(4) of the Act,
pursuant to the rates, terms and conditions of BA's NYPSC No. 915 tariff, as
may be amended from time to time.
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10.2 Availability of Retail Rates for Resale
Each Party shall make available its Telecommunications Services for resale
at retail rates to the other Party in accordance with Section 251(b)(1) of the
Act in accordance with each Party's applicable approved tariffs.
10.3 Term and Volume Discounts
Upon request, BA agrees to offer term and volume discount for resold
initial services.
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5)
If a Party makes a change in its network which it believes will materially
affect the inter-operability of its network with the other Party, the Party
making the change shall provide at least ninety (90) days advance written notice
of such change to the other Party. In addition, the Parties will comply with
the Network Disclosure rules adopted by the FCC in CC Docket No. 86-79 as may
be amended from time to time.
12.0 COLLOCATION -- SECTION 251(c)(6)
12.1 BA shall provide to FOCAL Physical Collocation for its transport
facilities and equipment pursuant to the terms and conditions of BA's applicable
tariffs on file with the appropriate regulatory agency and License Agreements as
necessary for Interconnection (pursuant to Section 4.0) or for access to
unbundled Network Elements (pursuant to Section 9.0). BA may provide for
Virtual Collocation if BA demonstrates to the Commission that Physical
Collocation is not practical for technical reasons or because of space
limitations, as provided in Section 25 l(c)(6) of the Act. Upon request by
FOCAL and to the extent technically feasible and as space permits, BA shall
provide Collocation at additional locations for placement of such equipment and
alternative physical Collocation arrangements.
12.2 Although not required to do so by Section 251(c)(6) of the Act, by
this Agreement, FOCAL agrees to provide to BA upon BA's Network Element Bona
Fide Request, Collocation of equipment for purposes of Interconnection (pursuant
to Section 4.0) on a non-discriminatory basis and at comparable rates, terms and
conditions as FOCAL may provide to other common carriers. FOCAL shall provide
such Collocation subject to applicable tariffs or contracts.
12.3 The Collocating Party shall provide its own or third-Party leased
transport facilities and terminate those transport facilities in equipment
located in its Physical Collocation space at the Housing Party's premises as
described in applicable tariffs or contracts and purchase Cross Connection to
services or facilities as described in applicable tariffs or contracts.
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13.0 NUMBER PORTABILITY--SECTION 251(b)(2)
13.1 Scope
13.1.1 The Parties shall provide Number Portability on a reciprocal
basis to each other to the extent-technically feasible, and in accordance with
rules and regulations as from time to time prescribed by the FCC and/or the
Commission.
13.1.2 Until Number Portability is implemented by the industry
pursuant to regulations issued by the FCC or the Commission, the Parties agree
to provide Interim Telecommunications Number Portability ("INP") to each other
through remote call forwarding, route indexing, and full Now code migration at
the prices listed in the Pricing Schedule.
13.1.3 Once Number Portability is implemented pursuant to FCC or
Commission regulation, either Party may withdraw, at any time and at its sole
discretion, its INP offerings, subject to advance notice to the other Party and
coordination to allow the seamless and transparent conversion of INP Customer
numbers to Number Portability. Upon implementation of Number Portability
pursuant to FCC regulation, both Parties agree to conform and provide such
Number Portability.
13.2 Procedures for Providing INP Through Remote Call Forwarding
FOCAL and BA will provide INP through Remote Call Forwarding as follows:
13.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Exchange Service(s) it
previously received from Party A, in conjunction with the Exchange Service(s) it
will now receive from Party B. Upon receipt of confirmation of a signed letter
of agency ("LOA") from the Customer (and an associated service order) assigning
the number to Party B. Party A will implement an arrangement whereby all calls
to the original telephone number(s) will be forwarded to a new telephone
number(s) designated by Party B. It is Party B's responsibility to maintain a
file of all LOAs and Party A may request, upon reasonable notice, a copy of the
LOA. Party A will route the forwarded traffic to Party B over the appropriate
Telephone Exchange Service Trunks as if the call had originated on Party A's
network.
13.2.2 Party B will become the customer of record for the original
Party A telephone numbers subject to the INP arrangements. Party A shall use
its reasonable efforts to consolidate into as few billing statements as possible
for all collect, calling card, and 3rd-number billed calls associated with those
numbers, with sub-account detail by retained number. At Party B's sole
discretion, such billing statement shall be delivered to Party B in an agreed-
upon format via either electronic file transfer, daily magnetic tape, or monthly
magnetic tape.
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13.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and restrict or cancel calling cards associated
with those forwarded numbers as directed by Party B.
13.2.4 Within two (2) business days of receiving notification from
the Customer, Party B shall notify Party A of the Customer's termination of
service with Party B. and shall further notify Party A as to that Customer's
instructions regarding its telephone number(s). Party --A will reinstate
service to that Customer, cancel the INP arrangements for that Customer's
telephone number(s), or redirect the INP arrangement to another INP-
participating-LEC pursuant to the Customer's instructions at that time.
13.3 Procedures for Providing INP Through Route Indexing
Upon mutual agreement, BA will deploy a Route Index arrangement which
combines direct trunks, provisioned between BA's and FOCAL's end offices, with
trunk side routing translations and full functionality for those CLASS services
deployed in the specific BA switch. Under this arrangement, inbound calls to a
ported number will be pointed at a route index that sends the call to a
dedicated trunk group, built as a direct final, for the sole purpose of
facilitating completion of calls to a ported number. BA will coordinate with
FOCAL to provide this solution in a mutually agreeable and administratively
manageable manner (e.g. NXX level) so as to minimize switch resource
utilization for both Parties.
13.4 Procedures for Providing INP Through Full NXX Code Migration
Where either Party has activated an entire NXX for a single Customer, or
activated a substantial portion of an NXX for a single Customer with the
remaining numbers in that Now either reserved for future use or otherwise
unused, if such Customer chooses to receive service from the other Party, the
first Party shall cooperate with the second Party to have the entire NXX
reassigned in the LERG (and associated industry databases, routing tables, etc.)
to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times for movements of News from one switch to
another.
13.5 Other Interim Number Portability Options
FOCAL may also request Direct Inward Dial Trunks pursuant to applicable
tariffs. If information or interim number portability is made available to any
Party for information services tariff(e.g., 976), it will be made available to
FOCAL.
13.6 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
The Parties agree that the prices set forth in the Pricing Schedule shall
apply for each number ported.
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The Parties agree that under INP terminating compensation on calls to
INP'ed numbers should be received by each Customer's chosen LEC as if each call
to the Customer had been originally addressed by the caller to a telephone
number bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In
order to accomplish this objective where INP is employed, the Parties shall
utilize the process set forth in this Section 13.6 whereby terminating
compensation on calls subject to INP will be passed from the Party (the
"Performing Party") which performs the INP to the other Party (the "Receiving
Party") for whose Customer the INP is provided.
13.6.1 The Parties shall individually and collectively track and
quantify INP traffic between their networks based on the CPN of each call by
identifying CPNs which are INP'ed numbers. The Receiving Party shall charge the
Performing Party for each minute of INP traffic at the INP Traffic Rate
specified in Section 13.6.3 in lieu of any other compensation charges for
terminating such traffic.
13.6.2 By the Interconnection Activation Date in each LATA, the
Parties shall jointly estimate for the prospective year, based on historic data
of all traffic in the LATA, the percentages of such traffic that if dialed to
telephone numbers bearing NPA-NXXs directly assigned to a Receiving Party (as
opposed to the INP'ed number) would have been subject to (i) Reciprocal
Compensation ("Reciprocal Traffic"), (ii) appropriate intrastate FGD charges
("Intra Traffic"), (iii) interstate FGD charges ("Inter Traffic"), or (iv)
handling as Local Traffic under transiting arrangements between the Parties
("Transit Traffic"). On the date which is six (6) months after the
Interconnection Activation Date, and thereafter on each succeeding six month
anniversary of such Interconnection Activation Date, the Parties shall establish
new INP traffic percentages to be applied in the prospective six (6) month
period, based on actual INP traffic percentages from the preceding six (6) month
period.
13.6.3 The INP Traffic Rate shall be equal to the sum of:
(Local Traffic Reciprocal Traffic percentage times the Reciprocal
Compensation Rate set forth in the Pricing Schedule) plus (IntraLATA Toll
Reciprocal Traffic percentage times the Reciprocal Compensation rate set forth
in the Pricing Schedule) plus (Intra LATA Traffic percentage times BA's
effective intrastate FGD rates) plus (Inter LATA Traffic percentage times BA's
effective interstate FGD rates).
A rate of zero shall be applied to the Transit Traffic percentage.
13.7 True-Up of Monthly INP Costs
BA and FOCAL each agree to provide the other with a true-up of the monthly
INP rates contained in the Pricing Schedule based on PSC action in establishing
a competitively neutral cost recovery mechanism for INP costs. Provided,
however, that if the PSC does not act before January 1, 1998, the Parties shall
renegotiate the charges for INP to apply for the remainder of term of this
Agreement.
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14.0 NUMBER RESOURCES ASSIGNMENTS
BA shall assign to FOCAL Now codes in accordance with national guidelines
at no charge.
15.0 DIALING PARITY--SECTION 251(b)(3)
BA shall provide Local Dialing Parity as required under Section 25 l(b)(3)
of the Act in the following manner: Telephone numbers are provided pursuant to
Section 14.0; Directory Assistance is provided pursuant to Section 19.2;
Directory Listings are provided pursuant to Section 19.1; and Operator Services
are provided to Sections 19.2.4 and 19.2.6.
16.0 ACCESS TO RIGHTS-OF-WAY--SECTION 251(b)(4)
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it owns or controls, to the extent permitted by law
and as required by Section 224 of the Act or Commission Order, on terms,
conditions and prices comparable to those offered to any other entity pursuant
to each Party's applicable tariffs and/or standard agreements with such
entities.
17.0 DATABASES AND SIGNALING
BA shall provide FOCAL with interfaces to access BA's databases, including
LIDB and 800/888, as well as DCAS for ordering and provisioning purposes, and
associated signaling necessary for the routing and completion of FOCAL's traffic
through the provision of SS7 under its applicable tariffs.
18.0 REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from BA to FOCAL, or from
FOCAL to BA, and does not retain its original telephone number, the Party
formerly providing service to such Customer shall provide a referral
announcement ("Referral Announcement") on the abandoned telephone number which
provides details on the Customer's new number. Referral Announcements shall be
provided reciprocally, free of charge to either the other Party or the Customer,
for a period of not less than one hundred and eighty days (180) days after the
date the Customer changes its telephone number in the case of business Customers
and not less than ninety (90) days after the date the Customer changes its
telephone number in the case of residential Customers or other time periods as
may be required by the Commission. The periods for referral announcement may be
shorter if a number shortage conditions is in effect for a particular NXX code.
However, if either Party provides Referral Announcements for a period different
than the above respective periods when its Customers change their telephone
numbers, such Party shall provide the same level of service to Customers of the
other Party.
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19.0 DIRECTORY SERVICES ARRANGEMENTS
BA will provide certain directory services to FOCAL as defined herein. In
this Section 19 of this Agreement, references to FOCAL customer telephone
numbers means telephone numbers falling within NXX codes directly assigned to
FOCAL and to numbers which are retained by FOCAL on the customer's behalf
pursuant to Interim Telephone Number Portability arrangements described in
Section 13 of this Agreement.
19.1 Directory Listings and Directory Distributions
19.1.1 BA will include FOCAL's customers telephone numbers in all of
its "White Pages" and "Yellow Pages" directory listings (including electronic
directories) and directory assistance databases associated with the areas in
which FOCAL provides services to such customers, and will distribute such
directories to such customers, in an identical and transparent manner in which
it provides those functions for its own customers' telephone numbers.
19.1.2 BA will include all FOCAL NXX codes on appropriate existing
calling charts in the BA customer Guide section of the directory in the same
manner as it provides this conformation for its own NXX Codes.
19.1.3 FOCAL will provide BA with its directory listings and daily
updates to those listings (including new, changed, and deleted listings) in a
mutually agreed upon format at no charge.
19.1.4 BA will accord FOCAL's directory listing information the same
level of confidentiality which BA accords its own directory listing information.
19.1.5 BA shall provide FOCAL at no charge with (i) one basic single
line white and yellow page directory listing per business Customer number, or
one basic single line white page directory listing per residence Customer
number, (ii) directory distribution for FOCAL customers, and (iii) listings of
FOCAL customers in the directory assistance database.
19.1.6 BA will provide FOCAL with a report of all FOCAL customer
listings 90 days prior to directory publication in such form and format as may
be mutually agreed to by both parties. Both Parties shall use their best
efforts to ensure the accurate listing of such information.
19.1.7 Yellow Page Maintenance
BA will work cooperatively with FOCAL so that Yellow Page advertisements
purchased by customers who switch their service to FOCAL (including customers
utilizing Interim Telephone Number Portability) are maintained without
interruption. BA will allow FOCAL customers to purchase new yellow pages
advertisements without discrimination, under the identical rates, terms and
conditions that apply to BA's customers.
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19.1.8 Information Pages
BA will include in the "Information Pages" or comparable section of its White
Pages Directories for areas served by FOCAL, listings provided by FOCAL for
FOCAL's installation, repair and customer service and other service-oriented
information, including appropriate identifying logo. Such listings shall appear
in the manner that such information appears for subscribers of BA and other
LECs. BA shall not charge FOCAL for inclusion of this information.
19.2 Directory Assistance (DA) and Operator Services
19.2.1 BA will provide FOCAL's operators an on-line access to BA
directory assistance database, when and where such access becomes available to
organizations outside BA.
19.2.2 At FOCAL's option, BA will provide FOCAL with IntraLATA FOCAL
branded Directory Assistance and Directory Assistance Call Completion (DACC),
which are functionary equivalent in every way to the Directory Assistance
service BA makes available to its own end users, at the prices set forth in the
Pricing Schedule. At FOCAL's request, BA will provide call detail records in
EMR format for these services at the prices set forth in the Pricing Schedule.
19.2.3 When BA provides to FOCAL DA or Operator Services, BA requires
that such services will be provided to FOCAL over dedicated operator services
trunk groups, utilizing Feature Group-C Modified Operator Services Signaling
when interconnecting to the BA operator services network.
19.2.4 FOCAL (or its operator service provider) and BA will provide
LEC to LEC Busy Line Verification and Interrupt (BLV/I) trunks to one another,
in conjunction with POTS traffic, to enable each Party to support this
functionality. (This option is provisioned subject to technical limitations,
such as those that apply on ported numbers).
19.2.5 Busy Line Verification ("BLV") is performed when one Party's
Customer requests assistance from the operator bureau to determine if the called
line is in use. However, the operator bureau will not complete the call for the
Customer initiating the BLV inquiry. Only one BLV attempt will be made per
Customer operator bureau call, and a charge shall apply whether or not the
called Party releases the line.
19.2.6 Busy Line Verification Interrupt ("BLVI") is performed when
one Party's operator bureau interrupts a telephone call in progress after BLV
has occurred. The operator bureau will interrupt the busy line and inform the
called Party that there is a call waiting. The operator bureau will only
interrupt the call and will not complete the telephone call for the Customer
initiating the BLVI request. The operator bureau will make only one BLVI
attempt per Customer operator bureau call and the applicable charge applies
whether or not the called Party releases the line.
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19.2.7 Each Party's operator bureau shall accept BLV and BLVI
inquires from the operator bureau of the other Party in order to allow
transparent provision of BLV/BLVI Traffic between the Parties' networks.
19.2.8 Each Party shall route BLV/BLVI Traffic inquires over the
existing network established between the Parties' respective operator bureaus.
Each Party shall compensate the other Party for BLV/BLVI Traffic as set forth in
the Pricing Schedule.
19.2.9 BA will provide operator services call completion to FOCAL's
operators and Customers, for the termination of calls from FOCAL's subscribers
for completion of calls on BA's network to BA's Customers. BA will provide
operator services call completion for its Customer to enable the non-
discriminatory termination of calls from BA's Customers to FOCAL's Customers on
FOCAL's network.
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES
20.1 Each of BA and FOCAL shall use its best efforts to comply with the
Implementation Schedule.
20.2 The Parties shall exchange technical descriptions and forecasts of
their Interconnection and traffic requirements in sufficient detail necessary to
establish the Interconnections required to assure traffic completion to and from
all Customers in their respective designated service areas. FOCAL, for the
purpose of ubiquitous connectivity, network diversity and alternate routing,
shall connect to at least one Tandem Office Switch for the receipt/completion of
traffic to any BA End Of flee Switches.
20.3 Thirty (30) days after the Effective Date and each quarter during the
term of this Agreement, each Party shall provide the other Party with a rolling,
six (6) calendar month, non binding forecast of its traffic and volume
requirements for the services and Network Elements provided under this Agreement
in the form and in such detail as agreed by the Parties. Notwithstanding
Section 29.6.1, the Parties agree that each forecast provided under this Section
20.3 shall be deemed "Proprietary Information" under Section 29.6.
20.4 Any Party that is required pursuant to this Agreement to provide a
forecast (the "Forecast Provider") or the Party that is entitled pursuant to
this Agreement to receive a forecast (the "Forecast Recipient") with respect to
traffic and volume requirements for the services and Network Elements provided
under this Agreement may request in addition to non-binding forecasts required
by Section 20.3 that the other Party enters into negotiations to establish a
forecast (a "Binding Forecast") that commits such Forecast Provider to purchase,
and such Forecast Recipient to provide, a specified volume to be utilized as set
forth in such Binding Forecast. The Forecast Provider and Forecast Recipient
shall negotiate the terms of such Binding Forecast in good faith and shall
include in such Binding Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast and any other terms desired by
such Forecast Provider and Forecast Recipient. Notwithstanding Section 29.6.1,
the
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Parties agree that each forecast provided under this Section 20.4 shall be
deemed "Proprietary Information" under Section 29.6.
20.5 Each Party is individually responsible to provide facilities within
its network which are necessary for routing, transporting, and billing traffic
from the other Party's network and for delivering such traffic to the other
Party's network in the standard format compatible with BA's network and to
terminate the traffic it receives in that standard format to Me proper address
on its network. See BOC Notes on the Network (SR-TSV-002275) for a general
description of the design of local exchange carrier network. Such facility
shall be designed based upon the description and forecasts provided under
Sections 20.2 and 20.3 above. The Parties are each solely responsible. for
participation in and compliance with national network plans, including The
National Network Security Plan and The Emergency Preparedness Plan.
20.6 Neither Party shall use any service related to or using any of the
Services provided -in this Agreement in any manner that interferes with other
persons in the use of their service, prevents other persons from using their
service, or otherwise impairs the quality of service to other carriers or to
either Party's Customers, and either Party may discontinue or refuse service if
the other Party violates this provision. Upon such violation, either Party
shall provide the other Party notice, if practicable, at the earliest
practicable time.
20.7 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
20.8 The Parties shall work cooperatively to minimize fraud associated with
third-number billed calls, calling card calls, and any other services related to
this Agreement.
20.9 Each Party is responsible for administering NXX codes assigned to it.
20.10 Each Party is responsible for obtaining Local Exchange Routing Guide
("LERG") listings of CLLI codes assigned to its switches.
20.11 Each Party shall use the LERG published by Bellcore or its successor
for obtaining routing information and shall provide all required information to
Bellcore for maintaining the LERG in a timely manner.
20.12 Each Party shall program and update its own Central Office Switches
and End Office switches and network systems to recognize and route traffic to
and from the other Party's assigned NXX codes. Except as mutually agreed or as
otherwise expressly defined in this Agreement, neither Party shall impose any
fees or charges on the other Party for such activities.
20.13 At all times during the term of this Agreement, each Party shall
keep and maintain in force at each Party's expense all insurance required by law
(e.g. workers' compensation insurance) as well as general liability insurance
for personal injury or death to any one person, property damage resulting from
any one incident, automobile liability with coverage for bodily
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injury 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).
20.14 End User Repair Calls. The Parties will employ the following
procedures for handling misdirected repair calls:
20.14.1 In answering repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use these repair calls as
the basis for internal referrals or to solicit customers to market services.
Either Party will respond with factual information in answering customer
questions.
20.14.2 Each Party will notify its customers as to the correct
telephone numbers to call in order to access its repair bureaus.
20.14.3 To the extent possible, where the correct local exchange
carrier can be determined, misdirected repair calls to one Party will be
immediately referred to the other Party, as appropriate, in a courteous manner,
at no charge provided that the other Party has provided the appropriate
telephone number to the referring Party.
20.14.4 The Parties will provide their respective repair contact
numbers to one another on a reciprocal basis.
21.0 TERM AND TERMINATION
21.1 The initial term of this Agreement shall commence on the Effective
Date and terminate June 2, 2000 (the "Term"). Absent the receipt by one Party
of written notice from the other Party at least sixty (60) days prior to the
expiration of the Term to the effect that such Party intends to extend the Term
of this Agreement, this Agreement shall automatically renew and remain in full
force and effect on and after the expiration of the Term until terminated by
either Party as set forth below.
21.1.1 If pursuant to Section 21.1 the Agreement continues in full
force and effect after the expiration of the Term, either Party may terminate
the Agreement ninety (90) days after delivering written notice to the other
Party of the intention to terminate this Agreement. Neither Party shall have
any liability to the other Party for termination of this Agreement pursuant to
this Section 21.1 other than to pay to the other Party any amounts under this
Agreement.
21.2 Disputed amounts will be resolved pursuant to the NYPSC Xxxxxx Xx.
000.
21.3 Upon termination or expiration of this Agreement in accordance with
this Section 21.0:
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(a) each Party shall comply immediately with its obligations set forth
in Section 29.6.3;
(b) each Party shall promptly pay all amounts (including any late
payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination
or expiration of this Agreement.
(d) each Party shall continue to perform its obligations and provide
its services described herein until such time as a survivor Agreement
between the Parties is entered into; provided however, that if the Parties
are unable to reach agreement within six (6) months after the termination
or expiration of this Agreement, either Party has the right to submit this
matter to the Commission for resolution. Until a survivor agreement is
reached or the Commission resolves this matter, whichever is sooner, the
terms, conditions, rates and charges stated herein will continue to apply,
subject to a true-up based on the Commission action, if any.
21.4 Except as set forth in Section 27.5 and Section 26.4, no remedy set
forth in this Agreement 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.
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
23.0 CANCELLATION CHARGES
Except as provided in Sections 9.7.4 and 20.4 and pursuant to a Network
Element Bona Fide Request, or as otherwise provided in any applicable tariff or
contract referenced herein, no cancellation charges shall apply.
24.0 NON-SEVERABILITY
24.1 The services, arrangements, Interconnection, Network Elements, terms
and conditions of this Agreement were mutually negotiated by the Parties as a
total arrangement and are intended to be non-severable, subject only to Section
29.14 of this Agreement.
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24.2 Nothing in this Agreement shall be construed as requiring or
permitting either Party to contravene any mandatory requirement of federal or
state law, or any regulations or orders adopted pursuant to such law.
25.0 INDEMNIFICATION
25.1 Each Party (the "Indemnifying Party") shall indemnify and hold
harmless the other Party ("Indemnified Party") from and against loss, cost,
claim liability, damage, and expense (including reasonable attorney's fees) to
third parties for:
(1) damage to tangible personal property or for personal injury
proximately caused by the negligence or willful misconduct of the
Indemnifying Party, its employees, agents or contractors; or
(2) claims for libel, slander, infringement of copyright arising from
the material transmitted over the Indemnified Party's facilities arising
from the Indemnifying Party's own communications or the communications of
such Indemnifying Party's Customers; or
(3) claims for infringement of patents arising from combining the
Indemnified Party's facilities or services with, or the using of the
Indemnified Party's services or facilities in connection with, facilities
of the Indemnifying Party.
Notwithstanding this indemnification provision or any other provision in
the Agreement, neither Party, nor its parent, subsidiaries, employees or agents
shall be liable to the other for "Consequential Damages" as that term is
described in Section 26.3 below.
25.2 The Indemnified Party will notify the Indemnifying Party promptly in
writing of any claims, lawsuits, or demands by third parties for which the
Indemnified Party alleges that the Indemnifying Party is responsible under this
Section, and, if requested by the Indemnifying Party, will tender the defense of
such claim, lawsuit or demand.
(1) In the event the Indemnifying Party does not promptly assume or
diligently pursue the defense of the tendered action, then the Indemnified
Party may proceed to defend or settle said action and the Indemnifying
Party shall hold harmless the Indemnified Party from any loss, cost
liability, damage and expense.
(2) In the event the Party otherwise entitled to indemnification from
the other elects to decline such indemnification, then the Party making
such an election may, at its own expense, assume defense and settlement of
the claim, lawsuit or demand.
(3) The parties will cooperate in every reasonable manner with the
defense or settlement of any claim, demand, or lawsuit.
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25.3 Notwithstanding any other provisions of this Agreement, FOCAL shall
defend and indemnify BA and shall hold BA harmless from and against any and all
Loss alleged to have been incurred by a customer of FOCAL or any other third
Party where such Loss arises or is attributable to BA's performance or failure
to perform a "Specified Activity" as that tenn is defined in Section 27, below.
26.0 LIMITATION OF LIABILITY
26.1 Except as otherwise provided in Section 25.0, no Party shall be liable
to the other Party for any Loss, defect or equipment failure caused by the
conduct of the other Party, the other Party's agents, servants, contractors or
others acting in aid or concert with the other Party, except for gross
negligence or willful misconduct.
26.2 Except for Losses alleged or incurred by a Customer of either Party,
in the case of any Loss arising from the negligence or willful misconduct of
both Parties, each Party shall bear, and its obligations under this Section 26.0
shall be limited to, that portion (as mutually agreed to by the Parties) of the
resulting expense caused by its (including that of its agents, servants,
contractors or others acting in aid or concert with it) negligence or willful
misconduct.
26.3 Each Party's liability to the other Party for any Loss relating to or
arising out of an negligent act or omission in its performance of this
Agreement, whether in contract or in tort, shall be limited t-o the amount that
is or would have been charged to the other Party by such negligent or breaching
Party for the specific service(s) or function(s) not performed or improperly
performed, and only for the period of time such service of function was not
performed or improperly performed.
26.4 In no event shall either Party have any liability whatsoever to the
other Party for any indirect, special, consequential, incidental or punitive
damages, including but not limited to loss of anticipated profits or revenue or
other economic loss in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even if the other Party
has been advised of the possibility of such damages.
27.0 LIQUIDATED DAMAGES FOR SPECIFIED ACTIVITIES
27.1 Certain Definitions. When used in this Section 27.0, the following
terms shall have the meanings indicated:
27.1.1 "Specified Performance Breach" means the failure by BA to meet
the Performance Criteria for any of the three Specified Activities as defined
below, for a period of three (3) consecutive calendar months.
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27.1.2 "Specified Activity" means any of the following activities:
(i) the installation by BA of unbundled Links for FOCAL
("Unbundled Link Installation");
(ii) BA's provision of Interim Telecommunications Number
Portability to FOCAL or
(iii) the repair of out of service problems for FOCAL ("Out
of Service Repairs").
27.1.3 "Performance Criteria" means, with respect to each calendar
month during the term of this Agreement, the performance by BA during each month
of each Specified Activity shown in Schedule 27.0, subparagraph 1 and 2, within
the time interval shown in at least eighty percent (80%) of the covered
instances, except as otherwise for in the Schedule in subparagraph 3.
27.2 Specified Performance Breach. In recognition of the (1) loss of
Customer opportunities, revenues and goodwill which FOCAL might sustain in the
event of a Specified Performance Breach; (2) the uncertainty, in the event of
such a Specified Performance Breach, of FOCAL having available to it customer
opportunities similar to those opportunities currently available to FOCAL; and
(3) the difficulty of accurately ascertaining the amount of damages FOCAL would
sustain in the event of such a Specified Performance Breach, BA agrees to pay
FOCAL, subject to Section 27.4 below, damages as set forth in Section 27.3 below
in the event of the occurrence-of a Specified Performance Breach. Such payments
would only apply after a minimum of 250 links were installed for FOCAL in New
York.
27.3 Liquidated Damages. The damages payable by BA to FOCAL as a result of
a Specified Performance Breach shall be subject to a sliding scale set forth in
Schedule 27.3 for each Specified Performance Breach (collectively, the
"Liquidated Damages"). FOCAL and BA agree and acknowledge that (a) the
Liquidated Damages are not a penalty and have been determined based upon the
facts and circumstances of FOCAL and BA at the time of the negotiation and
entering into of this Agreement, with due regard given to the performance
expectations of each Party; (b) the Liquidated Damages constitute a reasonable
approximation of the damages FOCAL would sustain if its damages were readily
ascertainable; and (c) FOCAL shall not be required to provide any proof of the
Liquidated Damages.
27.4 Limitations. In no event shall BA be liable to pay the Liquidated
Damages if BA's failure to meet or exceed any of the Performance Criteria is
caused, directly or indirectly, by a Delaying Event. A "Delaying Event" means
(a) a failure by FOCAL to perform any of its obligations set forth in this
Agreement (including, without limitation, the Implementation Schedule and the
Joint Grooming Plan), (b) any delay, act or failure to act by a Customer, agent
or subcontractor of FOCAL, (c) any Force Majeure Event (d) or such other delay,
act or failure to act as upon which the parties may agree. If a Delaying Event
(i) prevents BA from
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performing a Specified Activity, then such Specified Activity shall be excluded
from the calculation of BA's compliance with the Performance Criteria, or (ii)
only suspends BA's ability to timely perform the Specified Activity, the
applicable time frame in which BA's compliance with the Performance Criteria is
measured shall be extended on an hour-for-hour or day-for-day basis, as
applicable, equal to the duration of the Delaying Event.
27.4.1 FOCAL agrees to meet the specific performance standards
associated with quality of service requests as specified in Schedule 27.4.1 in
the same percentages as set forth in Schedule 27.0. Should FOCAL fail to meet
these service quality standards, during a period corresponding to that measured
in calculation of Liquidated Damages payable by BA to FOCAL, BA will not be
liable for payment of any applicable Liquidated Damages for that time period.
27.5 Sole Remedy. The Liquidated Damages shall be the sole and exclusive
remedy of FOCAL under this Agreement for BA's breach of the Performance Criteria
and a Specified Performance Breach as described in this Section 27.0.
27.6 Records. BA will endeavor to maintain complete and accurate records,
on a monthly basis, of its performance under this Agreement of each
Specified Activity and its compliance with the Performance Criteria.
BA shall provide to FOCAL such records in a self reporting format on a
monthly basis. Notwithstanding Section 29.6.1, the Parties agree that
such records shall be deemed "Proprietary Information" under Section
29.6.
27.7 Start Date. BA and FOCAL shall jointly agree on appropriate
measurements for the enforcement of this Section 27 within thirty (30)
days of this Agreement. Performance monitoring and liquidated damages
shall begin after the in-service requirements are met.
28.0 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be filed with the
Commission and may thereafter be filed with the FCC. The Parties covenant and
agree that this Agreement is satisfactory to them as an agreement under Section
251 of the Act. Each Party covenants and agrees to fully support approval of
this Agreement by the Commission or the FCC under Section 252 of the Act without
modification. The Parties, however, reserve the right to seek regulatory relief
and otherwise seek redress from each other regarding performance and
implementation of this Agreement. In the event the Commission or FCC rejects
this Agreement in whole or in part, the Parties agree to meet and negotiate in
good faith to arrive at a mutually acceptable modification of the rejected
portion(s); provided that such rejected portion(s) shall not affect the validity
of the Remainder of this Agreement.
This Agreement is subject to change, modification, or cancellation as may
be required by regulatory authority or court in the exercise of its lawful
jurisdiction or as may be required
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by either Party based on any significant change in FCC or Commission rules which
may impact the provision of service under this Agreement or the rights and
obligations of the Parties under the Act.
29.0 MISCELLANEOUS
29.1 Authorization.
29.1.1 New York Telephone Company is a corporation duly organized,
validly existing and in good standing under the laws of the State of New York
and has full power and authority to execute and deliver this Agreement and to
perform its obligations hereunder.
29.1.2 FOCAL 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. FOCAL represents that it intends to be a provider of telephone
exchange service to residential and business subscribers offered exclusively
over its own telephone exchange service facilities or predominantly over its own
telephone exchange service facilities or in combination with the resale of the
telecommunications services of other carriers.
29.2 Compliance. Each Party shall comply with all applicable federal,
state, and local laws, rules, and regulations applicable to its performance
under this Agreement.
29.3 Compliance with the Communications Law Enforcement Act of 1994
("CALEA"). Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply with CALEA.
Each Party shall indemnify and hold the other Party harmless from any and all
penalties imposed upon the other Party for such noncompliance and shall at the
non-compliant Party's sole cost and expense, modify or replace any equipment,
facilities or services provided to the other Party under this Agreement to
ensure that such equipment, facilities and services fully comply with CALEA.
29.4 Neither this Agreement, nor any actions taken by BA or FOCAL in
compliance with this Agreement, shall be deemed to create an agency or joint
venture relationship between FOCAL and BA, or any relationship other than that
of purchaser and seller of services.
Neither this Agreement, nor any actions taken by BA or FOCAL in compliance
with this Agreement, shall create a contractual, agency, or any other type of
relationship or third Party liability between BA and FOCAL's end users or
others.
29.5 Force Majeure. Neither Party shall be liable for any delay or failure
in performance of any part of this Agreement from any cause beyond its control
and without its fault or negligence including, without limitation, acts of
nature, acts of civil or military authority, government regulations, embargoes,
epidemics, terrorist acts, riots, insurrections,
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fires, explosions, earthquakes, nuclear accidents, floods, work stoppages,
equipment failure, 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 (collectively, a "Force Majeure Event").
If any force majeure condition occurs, the Party delayed or unable to
perform shall give immediate notice to the other Party and shall take all
reasonable steps to correct the force majeure condition. During the pendency of
the force majeure, the duties of the Parties under this Agreement affected by
the force majeure condition shall be abated and shall resume without liability
thereafter.
29.6 Confidentiality.
29.6.1 Any information such as specifications, drawings, sketches,
business information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party") that is
furnished or made available or otherwise disclosed to the other Party or any of
its employees, contractors, agents or Affiliates (its "Representatives" and with
a Party, a "Receiving Party") pursuant to this Agreement ("Proprietary
Information") shall be deemed the property of the Disclosing Party. Proprietary
Information, if written, shall be marked "Confidential" or "Proprietary" or by
other similar notice, and, if oral or visual, shall be confirmed in writing as
confidential by the Disclosing Party to the Receiving Party within ten (10) days
after disclosure. Unless Proprietary Information was previously known by the
Receiving Party free of any obligation to keep it confidential, or has been or
is subsequently made public by an act not attributable to the Receiving Party,
or is explicitly agreed in writing not to be regarded as confidential, it (a)
shall be held in confidence by each Receiving Party; (b) shall be disclosed to
only those persons who have a need for it in connection with the provision of
services required to fulfill this Agreement and shall be used only for such
purposes; and (c) may be used for other purposes only upon such terms and
conditions as may be mutually agreed to in advance of use in writing by the
Parties. Notwithstanding the foregoing sentence, a Receiving Party shall be
entitled to disclose or provide Proprietary Information as required by any
governmental authority or applicable law only in accordance with Section 29.6.2.
29.6.2 If any 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 prior to such disclosure. The
Disclosing Party may then either seek appropriate protective relief from all or
part of such requirement or, if it fails to successfully do so, it shall be
deemed to have waived the Receiving Party's compliance with Section 29.6 with
respect to all or part of such requirement. 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 obtain.
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29.6.3 In the event of the expiration or termination of this
Agreement for any reason whatsoever, each Party shall return to the other Party
or destroy all Proprietary Information and other documents, work papers and
other material (including all copies thereof) obtained from the other Party in
connection with this Agreement and shall use all reasonable efforts, including
instructing its employees and others who have had access to such information, to
keep confidential and not to use any such information, unless such information
is now, or is hereafter disclosed, through no act, omission or fault of such
Party, in any manner making it available to the general public.
29.7 Governing Law. For all claims under this Agreement that are based
upon issues within the jurisdiction (primary or otherwise) of the FCC, the
exclusive jurisdiction and remedy for all such claims shall be as provided for
by the FCC and the Act. For all claims under this Agreement that are based upon
issues within the jurisdiction (primary or otherwise) of the Commission, the
exclusive jurisdiction for all such claims shall be with the Commission, and the
exclusive remedy for such claims shall be as provided for by such Commission.
In all other respects, this Agreement shall be governed by the domestic laws of
the state of New York without reference to conflict of law provisions.
29.8 Taxes. 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. Whenever possible, these 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 provide
said resale tax exemption certificate will result in no exemption being
available to the purchasing Party.
29.9 Non-Assignment. This Agreement shall be binding upon every subsidiary
and affiliate of either Party that is engaged in providing telephone exchange
and exchange access services in the State of New York within which BA is an
Incumbent Local Exchange Carrier as of the date of this Agreement (the "BA
Territory"), and shall continue to be binding upon all such entities regardless
of any subsequent change in their ownership. Each Party covenants that, if it
sells or otherwise transfers to a third Party its telephone exchange and
exchange access network facilities within the BA Territory, or any portion
thereof, to a third Party, it will require as a condition of such transfer that
the transferee agree to be bound by this Agreement with respect to services
provided over the transferred facilities. Except as provided in the paragraph,
neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third Party without
the prior written consent of the other Party which consent will not be
unreasonably withheld; provided that either Party may assign this Agreement to a
corporate Affiliate or an entity under its common control or an entity acquiring
all or substantially all of its assets or equity by providing prior written
notice to the
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other Party of such assignment or transfer. Any attempted assignment or
transfer that is not permitted is void ab initio. Without limiting the
generality of the foregoing, this Agreement shall be binding upon and shall
inure to the benefit of the Parties' respective successors and assigns.
29.10 Non-Waiver. 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.
29.11 Disputed Amounts.
29.11.1 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a bona fide dispute between the
Parties, the Party billed (the "Non-Paying Party") shall within thirty (30) days
of its receipt of the invoice containing such disputed amount give notice to the
Billing Party of the amounts it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The Non-
Paying Party shall pay when due (i) all undisputed amounts to the Billing Party
and (ii) all Disputed Amounts into an interest bearing escrow account with a
third Party escrow agent mutually agreed upon by the Parties.
29.11.2 If the Parties are unable to resolve the issues related to
the Disputed Amounts in the normal course of business within ninety (90) days
after delivery to the Billing Party of notice of the Disputed Amounts, each of
the Parties shall appoint a designated representative who has authority to
settle the dispute and who is at a higher level of management than the persons
with direct responsibility for administration of this Agreement. The designated
representatives shall meet as often as they reasonably deem necessary in order
to discuss the dispute and negotiate in good faith in an effort to resolve such
dispute. The specific format for such discussions will be left to the
discretion of the designated representatives, however all reasonable requests
for relevant information made by one Party to the other Party shall be honored.
29.11.3 If the Parties are unable to resolve issues related to the
Disputed Amounts within forty-five (45) days after the Parties' appointment of
designated representatives pursuant to Section 29.11.2, then either Party may
file a complaint with the Commission to resolve such issues or proceed with any
other remedy pursuant to law or equity. The Commission may direct release of
any or all funds (including any accrued interest) in the escrow account, plus
applicable late fees, to be paid to either Party.
29.11.4 The Parties agree that all negotiations pursuant to this
Section 29.11 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence.
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29.11.5 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and one-
half percent (1-1/2%) per month or (ii) the highest rate of interest that may be
charged under applicable law.
29.12 Notices. Notices given by one Party to the other Party under this
Agreement shall be in writing and shall be (a) delivered personally, (b)
delivered by express delivery service, (c) mailed, certified mail or first class
U.S. mail postage prepaid, return receipt requested or (d) delivered by
telecopy to the following addresses of the Parties:
To FOCAL:
FOCAL Communications Corporation
000 Xxxxx XxXxxxx Xxxxxx
Xxxxx 000
Xxxxxxx, XX 00000
Attn: Executive VP and Chief Operating Officer
Facsimile: (000) 000-0000
To BA:
BA
0000 Xxxxxx xx xxx Xxxxxxxx
00xx Xxxxx
Xxx Xxxx XX 00000
Attn:Vice President - Wholesale Markets
Facsimile: (000) 000-0000
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next business day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail or (iv) on the date set forth on the confirmation in the
case of telecopy.
29.13 Publicity and Use of Trademarks or Service Marks. Neither Party nor
its subcontractors or agents shall use the other Party's trademarks, service
marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party's
prior written consent.
29.14 Section 252(i) Obligations. If either Party enters into an
agreement (the "Other Agreement") approved by the Board or FCC pursuant to
Section 252 of the Act which provides for the provision in the State of New York
of arrangements covered in this Agreement to another requesting
Telecommunications Carrier, including itself or its affiliate, such Party shall
make available to the other Party such arrangements upon the same rates, terms
and conditions as those provided in the Other Agreement. At its sole option,
the other Party may avail itself of
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either (i) the Other Agreement in its entirety or (ii) all of the prices, terms
and conditions contained in the Other Agreement that relate to any one or
combination of the following:
(1) Interconnection - Section 251(c)(2) of the Act (Section 4.0 and 5.0 of
this Agreement); or
(2) Exchange Access - Section 251(c)(2) of the Act (Section 6.0 of this
Agreement); or
(3) Unbundled Access - Section 251 (c)(3) of the Act (Section 9.0 of this
Agreement); or
(4) Resale - Section 251 (c)(4) of the Act (Section 10.0 of this
Agreement); or
(5) Collocation - Section 251(c)(6) of the Act (Section 12.0 of this
Agreement); or
(6) Number Portability - Section 251(b)(2) of the Act (Section 13.0 of
this Agreement); or
(7) Access to Rights of Way - Section 251(b)(4) of the Act (Section 16.0
of this Agreement); or
(8) Directory Services - Section 251(b)(3) of the Act (Section 19.0 of the
Agreement).
29.15 Joint Work Product. 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.
29.16 No Third Party Beneficiaries; Disclaimer of Agency. This Agreement
is for the sole benefit of the Parties and their permitted assigns, and nothing
herein express or implied shall create or be construed to create any third-Party
beneficiary rights hereunder. Except for provisions herein expressly
authorizing a Party to act for another, nothing in this Agreement shall
constitute a Party as a legal representative or agent of the other Party, nor
shall a Party have the right or authority to assume, create or incur any
liability or any obligation of any kind, express or implied, against or in the
name or on behalf of the other Party unless otherwise expressly permitted by
such other Party. Except as otherwise expressly provided in this Agreement, no
--Party undertakes to perform any obligation of the other Party, whether
regulatory or contractual, or to assume any responsibility for the management of
the other Party's business.
29.17 No License. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and
-49-
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.
29.18 Technology Upgrades. Nothing in this Agreement shall limit BA's
ability to upgrade its network through the incorporation of new equipment, new
software or otherwise. BA shall provide FOCAL written notice at least one
hundred-twenty (120) days prior to the incorporation of any such upgrades in
BA's network which will materially impact FOCAL's service. BA shall provide as
much as one hundred-eighty (180) days prior notice if it is reasonably practical
to do so. Additionally, as noted in Section 11.0, the Parties will comply with
the FCC's Network Disclosure Rule. FOCAL shall be solely responsible for the
cost and effort of accommodating such changes in its own network.
29.19 Survival. The Parties' obligations under this Agreement which by
their nature are intended to continue beyond the termination or expiration of
this Agreement shall survive the termination or expiration of this Agreement,
including without limitation, Sections 21.4, 22.0, 23.0, 25.0,26.0,29.3, 29.6,
29.11, 29.13 and 29.17.
29.20 Scope of Agreement. This Agreement is intended to describe and
enable specific Interconnection and access to unbundled Network Elements and
compensation arrangements between the Parties. This Agreement does not obligate
either Party to provide arrangements not specifically provided for herein.
29.21 Entire Agreement. The terms contained in this Agreement and any
Schedules, Exhibits, tariffs and other documents or instruments referred to
herein, hereby incorporated into this Agreement by this reference as if set
forth fully herein and, constitute the entire agreement between the Parties with
respect to the subject matter hereof, superseding all prior understandings,
proposals and other communications, oral or written. Neither Party shall be
bound by any preprinted terms additional to or different from those in this
Agreement that may appear subsequently in the other Party's form documents,
purchase orders, quotations, acknowledgments, invoices or other communications.
This Agreement may only be modified by a writing signed by an officer of each
Party.
29.22 Power and Authority. Each Party has full power and authority to
enter into and perform this Agreement, and the person signing this Agreement on
behalf of each has been properly authorized and empowered to enter into this
Agreement.
-50-
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 10th day of November, 1997.
Focal Communications Corporation New York Telephone Company
of New York
By: /s/ Xxxx X. Xxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
---------------------------- --------------------------------------
Printed: Xxxx X. Xxxxxxxx Printed: Xxxxx X. Xxxxxxxx
----------------------- ---------------------------------
Title: Executive Vice President Title: Vice President - Wholesale Markets
------------------------ ----------------------------------
-51-
PRICING SCHEDULE
I. Reciprocal Compensation shall equal the rate set forth in the Parties'
applicable tariffs as determined by the weighted average call volume
distribution by time of day. Such rate for the first six months shall be:
Rate = $.008518 per minute
The rate for reciprocal compensation is to be adjusted bi-annually based
upon the rates and formula set forth in this Pricing Schedule. The first
adjustment shall occur on January 1, 1998 and future adjustments every six (6)
months thereafter.
II. Information Services Billing and Collection
Fee = $.05 per message
III. BLV/BLVI Traffic
Rate = $1.00 per Busy Line Verification
$1.50 per Busy Line Verification Interrupt (in addition to $1.00
for Busy Line Verification)
IV. Transit Service
A. Transit Service
Rate = $.005053 per minute
B. Dedicated Transiting Service
Rate is twice the applicable Service Access Charge ("SAC") as set
forth in NYPSC No. 916 Tariff, as amended from time to time. The SAC rates are
currently:
DS0 = $1.90/mo.
DS1 = $3.51/mo.
DS3 = $35.87/mo.
V. Interim Telecommunications Number Portability
A. Monthly Recurring Charges
Rate per Business Number = $2
Rate per Residential Number = $1
-1-
No additional charges shall apply for interim number portability,
including additional per-path, per-port, or usage-related charges, except for
third Party and collect calls.
B. Non-recurring charge
Rate = $20 per ported number
Non-recurring charges only apply when interim number portability is
ordered separately from an unbundled link.
VI. IntraLata &00
Reciprocal Compensation (refer to I above).
Compensation for records exchanged = $.00415 per record
800 Database inquiry = $.001265 per database inquiry
VII. Unbundled Links
Rates for all unbundled links described in Section 9 will be the rates
specified by the Commission and, as amended from time to time
VIII. Unbundled Ports
A. Monthly rate = $8.00
Monthly rates, for all unbundled Ports described in Section 9 will be the
rates specified - by the PSC, as amended from time to time, subject to the
provisions of Section 9 and Section 29.14.
IX. 911/E911 Interconnection
Monthly Rate = $252 per month for an unequipped DS1 Port and $100 per
month per voice grade trunk activated and equipped on the DS1 port.
X. Wholesale Discounts
a. Month-to-month discounts
Discounts are set forth in the NYPSC Xxxxxx Xx. 000, as amended from time
to time.
b. Term and Volume Discounts
To be negotiated on receipt of a Bona Fide Request.
-2-
XI. Directory Assistance
Base Rate Unbranded = $ .45 per message
Branded Rate = $ .50 per message
Base Rate with Directory Assistance
Call Completion (DACC) = $ .55 per message*
Branded Rate with DACC = $ .60 per message*
(*plus a flat rate change per MOU for call completion)
Directory Assistance Volume/Term Discounts
Monthly Billed -------------------Term Commitments-----------------
DA Volume 1 Year 18 Months 2 Years 3 Years
$0- 1999 5% 10% 14% 18%
$2000 - 5999 7% 12% 16% 20%
$6000 - 9999 10% 15% 19% 23%
Above $10,000 13% 18% 22% 26%
Discounts apply only for amounts in the applicable range. For example,
under a one year term commitment with a monthly billed DA volume of $2,500, the
first $1,999 would be discounted at five percent (5%) and the remaining $501 at
seven percent (7%). Discount will apply to branded DA and the DA portion of
DACC.
Operator Services - Call Completion Services
0+ / Mechanized Call Completion
Calling Card $.20 per call
Collect $.40 per call
Xxxx to Third Number $.40 per call
0- / Operator Assisted Call Completion $.0214 per operator work second
Record Charges
EMR format - per record charge $.0102
-3-
PRICING SCHEDULE
Reciprocal Compensation Calculation
I. Time of Day Definitions - Tariff NYT PSC No. 914 Section 4.1.7 (A) (1)
II. Base Rates - Per Minute of Use as set forth in NYPSC No. 914 Tariff, as
amended from - time to time.
III. Formula for determining Reciprocal Compensation ( % Day Traffic +
% Evening Traffic + % Night Traffic = 100% for each Party)
(FOCAL-originated Day Minutes + BA-originated Day Minutes) * Day Rate
---------------------------------------------------------------------
Total FOCAL + BA Minutes
+
(FOCAL-originated Evening Minutes + BA-originated Evening Minutes) * Evening
----------------------------------------------------------------------------
Rate
----
Total FOCAL + BA Minutes
+
(FOCAL-originated Night Minutes + BA-originated Night Minutes) * Night Rate
---------------------------------------------------------------------------
Total FOCAL + BA Minutes
-4-
SCHEDULE 1.0
CERTAIN TERMS AS DEFINED IN THE ACT
"Affiliate" means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control with, another
person. For purposes of this-paragraph, the term "own" means to own an equity
interest (or the equivalent thereof) of more than ten percent (10%).
"Dialing Parity" means that a person that is not an Affiliate of LEC is
able to provide Telecommunications Services in such a manner that Customers have
the ability to route automatically, without the use of any access code, their
Telecommunications to the Telecommunications Services provider of the Customer's
designation from among two (2) or more Telecommunications Services providers
(including such LEC).
"Exchange Access" means the offering of access to Telephone Exchange
Services or facilities for the purpose of the origination or termination of
Telephone Toll Services.
"InterLATA Service" means Telecommunications between a point located in a
local access and transport area and a point located outside such area.
"Local Access and Transport Area" or "LATA" means a contiguous geographic
area: (a) established before the date of enactment of the Act by a Xxxx
operating company such that no Exchange Area includes points within more than
one (1) metropolitan statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under the AT&T Consent Decree; or
(b) established or modified by a Xxxx operating company after such date of
enactment and approved by the FCC.
"Local Exchange Carrier" means any person that is engaged in the provision
of Telephone Exchange Service or Exchange Access. Such term does not include a
person insofar as such person is engaged in the provision of a commercial mobile
service under Section 332(c) of the Act, except to the extent that the FCC finds
that such service should be included in the definition of such term.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing, or other provision
of a Telecommunications Service.
"Number Portability" means the ability of users of telecommunications
services to retain, at the same location, existing telecommunications numbers
without impairment of quality, reliability, or convenience when switching from
one telecommunications carrier to another.
-5-
"Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Communications
Act).
"Telecommunications Service" means the offering of Telecommunications for a
fee directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means (a) service within a telephone exchange
within a connected system of telephone exchanges within the same exchange area
operated to furnish subscribers intercommunicating service of the- character
ordinarily furnished by a single exchange, and which is covered by the exchange
service charge, or (b) comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service.
"Telephone Toll Service" means telephone service between stations in
different exchange areas for which there is made a separate charge not included
in contracts with subscribers for exchange service.
-6-
Schedule 4.0 Network Interconnection Schedule*
LATA F-IP BA-IP Activation Date**
* Complete, accurate and verifiable information to be provided by the Parties
at a date to be determined by the Parties.
** This is the earliest date on which "live" customer traffic between FOCAL
and BA will occur.
-7-
SCHEDULE 27.0 BA Performance Criteria for Liquidated Damages/1/
SPECIFIED ACTIVITY PERFORMANCE INTERVAL DATE
1. Unbundled Link Installation
a) New Link Installation:
i) Installation Less-than 10 links 5 business days
ii) Installation Greater-than
or = 10 links
Facilities Confirmation 5 business days
If Available Facilities
Less-than 20 links 10 business days from
Facilities Confirmation
Greater-than or equal 20 links negotiated interval/2/
b) "Hot Cutover" Installation
i) Installation Less-than 10 links 5 business days
ii) Installation Greater-than or = 10 links
negotiated interval/2/
2. Interim Number Portability Installation
i) Installation Less-than 10 numbers 5 business days
ii) Installation Greater-than or equal
10 numbers negotiated interval/2/
/1/ As stated in Section 27.2, liquidated damages are not applicable until
after a minimum of 250 link are in service for FOCAL in New York.
/2/ BA will provide the same negotiated intervals it provides to any carrier,
customer or Party that are similarly situated.
-8-
3. Out-of-Service Repairs Less than 24 hours from BA's Receipt
of Notification of Out-of Service
Condition (*)(**)
* Subject to the following percentage limitations:
5/1/97 6/1/97 1/1/98 7/1/98
thru thru thru thru
5/31/97 12/31/97 6/30/98 thereafter
-------------------------------------------
Zone (Manhattan,
south of 59 st.) 75% 75% 80% 80%
Xxxx (XXXX 000,
xxxxxxx Xxxx 1) 70% 75% 75% 80%
Xxxx 0 (Xxxxxxx
Xxxxx 0 and 2) 70% 70% 70% 75%
** Excludes Residence customers in single and two-family homes until 6/1/98.
By March 31, 1998, BA and FOCAL will develop service performance criteria
applicable to Residence customers in single and two-family homes based on
experience of the Parties in providing these Residence services to all
CLEC's in New York, which will become effective on 6/1/98. Note: Liquidated
damages do not commence until FOCAL has 250 unbundled Links in service in
New York.
-9-
Schedule 27.4.1 FOCAL Service Quality Criteria for Liquidated Damages
1 New Unbundled Link (SVGALS) Orders
1.0 ANI to FOCAL number, verification successful from DEMARC by BA field
technician.
1.1 All order information submitted by FOCAL is valid (e.g. street
address, end user LCON, floor/unit number, cable pair assignment)
1.2 Customer (end user) available at appointed date.
1.3 Orders completed as submitted without cancellation after FOC
2 Hot Cut Unbundled Link (SVGALS) Orders
2.0 Verifiable FOCAL dial tone at POT bay testable by BA through
appropriate tie cable pair as provided by FOCAL on the service request.
2.1 Accurate account and end user information submitted on service request
2.3 Accurate SVGAL tie cable and pair assignment provided by FOCAL on
service request
2.4 Orders completed as submitted without cancellation after FOC
-10-
EXHIBIT A
NETWORK ELEMENT BONA FIDE REQUEST
1. Each Party shall promptly consider and analyze access to a new
unbundled Network Element with the submission of a Network Element Bona Fide
Request hereunder. The Network Element Bona Fide Request process set forth
herein does not apply to those services requested pursuant to Report & Order and
Notice of Proposed Rulemaking 91-141 (ref. Oct. 19, 1992) 259 and n.603 or
subsequent orders.
2. A Network Element Bona Fide Request shall be submitted in writing and
shall include a technical description of each requested Network Element.
3. The requesting Party may cancel a Network Element Bona Fide Request at
any time, but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element Bona Fide Request up to the
date of cancellation.
4. Within ten (10) business days of its receipt, the receiving Party
shall acknowledge receipt of the Network Element Bona Fide Request.
5. Except under extraordinary circumstances, within thirty (30) days of
its receipt of a Network Element Bona Fide Request, the receiving Party shall
provide to the requesting Party a preliminary analysis of such Network Element
Bona Fide Request. The preliminary analysis shall confirm that the receiving
Party will offer access to the Network Element or will provide a detailed
explanation that access to the Network Element is not technically feasible
and/or that the request does not qualify as a Network Element that is required
to be provided under the Act.
6. If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and otherwise qualifies under the Act, it shall
promptly proceed with developing the Network Element Bona Fide Request upon
receipt of written authorization from the requesting Party. When it receives
such authorization, the receiving Party shall promptly develop the requested
services, determine their availability, calculate the applicable prices and
establish installation intervals.
7. Unless the Parties otherwise agree, the Network Element Requested must
be priced in accordance with Section 252(d)( 1) of the Act.
8. As soon as feasible, but not more than ninety (90) days after its
receipt of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party a
Network Element Bona Fide Request quote which will include, at a minimum, a
description of each Network Element, the availability, the applicable rates and
the installation intervals.
-11-
9. Within thirty (30) days of its receipt of the Network Element Bona Fide
Request. quote, the requesting Party must either confirm its order for the
Network Element Bona Fide Request pursuant to the Network Element Bona Fide
Request quote or seek arbitration by the Commission pursuant to Section 252 of
the Act.
10. If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network Element
Bona Fide Request in good faith, or disputes a determination, or price or cost
quote, or is failing to act in accordance with Section 251 of the Act, such
Party may seek mediation or arbitration by the Commission pursuant to Section
252 of the Act.
-12-
Schedule 8.2 BA Intervals for Installation
Service Order Standard Intervals
--------------------------------
Number of Standard Interval
DS1 Systems (Business Days)
----------- ---------------
Establishment of
New Trunk Groups 1-10 60
over 10 negotiated
Additions to Existing
Trunk Groups 1 - 4 30
over 4 negotiated
-13-
SCHEDULE 27.3 LIQUIDATED DAMAGES SCHEDULE
I. Such payments only apply after a minimum of 250 links are installed for
FOCAL in New York./1/
II. Liquidated Damages Schedule:*
---------------------------------------------------------------------
Links installed for Monthly Specified Liquidated Damages (per
FOCAL in New York Activity Threshold performance breach)
---------------------------------------------------------------------
250 - 499 50 $ 2,500
---------------------------------------------------------------------
500 - 999 100 $ 7,500
---------------------------------------------------------------------
1,000 - 1,999 150 $15,000
---------------------------------------------------------------------
2,000 - 2,999 300 $30,000
---------------------------------------------------------------------
3,000 - 3,999 450 $45,000
---------------------------------------------------------------------
4,000 - 4,999 650 $60,000
---------------------------------------------------------------------
over 5,000 750 $75,000
---------------------------------------------------------------------
* The minimum number of requested "specified activities" must meet or equal
the threshold quantities shown in the table above per activity per month to
qualify for the level of damages associates with the number of Unbundled
Links in service for FOCAL in New York.
-----------
/1/ Excludes unbundled link installation "misses" resulting from the provision
of extended link service so long as installation of the link facilities
themselves meet the performance intervals set forth in Schedule 27.0.
-14-
