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EXHIBIT 10.30
INTERCONNECTION AGREEMENT
BETWEEN CYBERNET GROUP AND BELLSOUTH
TELECOMMUNICATIONS, INC.
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INTERCONNECTION AGREEMENT
BETWEEN CYBERNET GROUP AND BELLSOUTH TELECOMMUNICATIONS
Pursuant to this Interconnection Agreement (Agreement), the
telecommunications entities set forth in Attachment A hereto (referred to as the
"Cybernet Group"), and BellSouth Telecommunications, Inc. ("BellSouth")
(collectively, "the Parties") agree to extend certain interconnection
arrangements to one another within each LATA in which they both operate. This
Agreement is an integrated package that reflects a balancing of interests
critical to the Parties and is not inconsistent with Sections 251, 252 and 271
of the Telecommunications Act of 1996. The Agreement represents a negotiated
compromise and is entered without prejudice to any positions which either party
has taken, or may take in the future, before any legislative, regulatory,
judicial or other governmental body.
I. RECITALS AND PRINCIPLES
WHEREAS, BellSouth is an incumbent local exchange telecommunications
company (ILEC) authorized to provide telecommunications services in the states
of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina,
South Carolina and Tennessee; and
WHEREAS, Carrier is a competitive local exchange telecommunications
company (CLEC) which is authorized or plans to become authorized to provide
local telecommunications services in Alabama, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina and Tennessee; and
WHEREAS, the interconnection and interoperability of the Parties'
respective local networks is required to facilitate the introduction of local
exchange service competition and fulfill the objectives of the
Telecommunications Act of 1996 (Telecommunications Act); and
WHEREAS, universal connectivity and interoperability between competing
telecommunications carriers is necessary for the termination of traffic on each
carrier's network; and
WHEREAS, the Parties intend that BellSouth should unbundle certain
basic network elements and make them available for purchase by Carrier; and
WHEREAS, the Parties agree that this Agreement shall be filed with the
appropriate state commissions in compliance with Section 252 of the
Telecommunications Act;
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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, Carrier and BellSouth hereby covenant and agree
as follows:
II. SCOPE OF THE AGREEMENT
This Agreement will govern the interconnection arrangements between the
Parties to facilitate the interconnection of their facilities and the connection
of local and interexchange traffic initially in the states of Alabama, Florida,
Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and
Tennessee. This agreement will further govern the unbundling of BellSouth
network elements in the same states.
III. DEFINITIONS
The definitions contained in Attachment B are intended to define and
govern how the technical terms included therein are used in this Agreement.
However, except as provided herein, the inclusion or exclusion of any particular
definition is not intended by either party to limit, or to define technical
interface, reliability, performance or throughput parameters for the network
elements that both Parties expect to interconnect and interoperate.
The minimum performance, reliability, throughput and operational
characteristic of elements identified herein, as well as physical and logical
interface standards utilized, unless otherwise specifically provided herein, are
according to generally accepted industry standards as defined by the ITU
(ISO/CCITT), ANSI, or the Network Management Forum, whichever is more specific.
Where standards are not yet fully defined, the Parties agree to take reasonable
steps to insure that interface designs are modularized and retrofittable to any
pending standard at the least cost to the interconnecting Parties.
IV. ACCESS TO UNBUNDLED NETWORK ELEMENTS
BellSouth shall unbundle Network Elements used in the provision of a
telecommunications service and offer them for resale to Carrier as provided
hereafter. Carrier shall be entitled to request, and BellSouth shall provide,
access to any such unbundled Network Element(s). BellSouth shall unbundle and
separately price and offer those elements such that Carrier will be able to
lease and interconnect to whichever of these unbundled Network Elements Carrier
requires, and combine the BellSouth-provided Network Elements with any
facilities and services that Carrier may itself provide or obtain from other
telecommunications carriers, in order
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to offer telecommunications services to other telecommunications carriers and
end users. Such Network Elements shall be offered as provided hereafter.
A. GENERAL REQUIREMENTS
A.1 The Parties hereto mutually understand and agree that
the array of Network Elements is steadily evolving
and expanding. The initial set of Network Elements
and attendant services to be made available by
BellSouth hereunder is included as Attachment C
hereto. Network Elements will be provided subject to
the rules, terms and conditions expressed in this
Article and in Attachment C. It is understood,
however, that either Party may add Network elements
to the listing contained in Attachment C as the
BellSouth network changes or additional Network
Elements are identified. It is especially
acknowledged, without limitation, that the list of
Network Elements may be expanded by either Party to
include Network Elements identified in relevant FCC
or state commission regulations or orders, or made
available by BellSouth to other telecommunications
carriers pursuant to other interconnection
agreements. The addition or inclusion of additional
Network Elements shall be made in accordance with
subsection IV.I hereof.
A.2 Without limitation, BellSouth agrees to provide
Carrier access to all Network Elements identified in
Attachment C hereto. Wherever technically feasible,
interconnection shall be offered at both the line and
trunk side of each discrete Network Element. It is
agreed that interconnection will be made available by
BellSouth to Carrier at any technically feasible
point. BellSouth must implement physical and logical
interconnection points consistent with generally
accepted industry standards.
A.3 The initial pricing of the initial unbundled Network
Elements shall be as set forth in Attachment C,
except that initial pricing of unbundled loops,
switch ports and other network elements will be
established through state commission arbitration as
provided in Article XXV hereof and Attachment C
hereto. The initial pricing may be revised by mutual
agreement or at Carrier's election pursuant to
Article XXII hereof.
A.4 It is agreed that Carrier may combine network
elements purchased hereunder as required to provide
any local, toll or access service. If Carrier
recombines network elements to mirror existing retail
service, as defined by the applicable state
commission, the resale rate shall apply.
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B. INTERCONNECTION WITH NETWORK ELEMENTS
B.1 Interconnection shall be achieved via collocation
arrangements Carrier shall maintain at a BellSouth
wire center or other BellSouth network point.
B.2 At Carrier's discretion, each unbundled loop or port
element shall be delivered to the Carrier collocation
arrangement over an individual 2-wire hand-off, in
multiples of 24 over a digital DS-l hand-off in any
combination or order Carrier may specify, in
multiples of 672 over a digital DS-3 handoff in any
combination or order Carrier may specify, or through
other technically feasible and economically
comparable hand-off arrangements requested by Carrier
(e.g., SONET STS-l hand-off). Economically comparable
as used in this section refers to an economically
comparable effect upon Carrier and is not meant to
ensure an equivalent revenue stream or contribution
level to BellSouth.
B.3 BellSouth will permit Carrier to collocate DLC
systems in conjunction with collocation arrangements
Carrier maintains at a BellSouth wire center, for the
purpose of interconnecting to unbundled loop
elements. Carrier will have the option of purchasing
BellSouth unbundled transport (at any transmission
level) between placed equipment and the Carrier
network.
B.4 Carrier shall access BellSouth's unbundled loops via
collocation at the BellSouth wire center where those
elements exist. Each loop or port shall be delivered
to Carrier's collocation by means of a cross
connection.
B.5 BellSouth shall provide Carrier access to its
unbundled loops at each of BellSouth's Wire Centers.
In addition, if Carrier requests one or more loops
serviced by Integrated Digital Loop Carrier or Remote
Switching technology deployed as a loop concentrator,
BellSouth shall, where available, move the requested
loop(s) to a spare, existing physical loop at no
charge to Carrier. If, however, no spare physical
loop is available, BellSouth shall within seventy-two
(72) hours of Carrier's request notify Carrier of the
lack of available facilities. Carrier may then, at
its discretion, make a network element request for
BellSouth to provide the unbundled loop through the
demultiplexing of the integrated digitized loop(s).
Special constructions may apply in this situation.
Carrier may also
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make a network element request for access to
unbundled loops at the loop concentration site point.
Attachment D hereto shall not apply to unbundled
loops provided pursuant to this subsection.
B.6 Where BellSouth utilizes digital loop carrier (DLC)
technology to provision the loop element of an
unbundled exchange service to an end user customer
who subsequently determines to assign the loop
element to Carrier and receive Exchange Service from
Carrier via such loop, BellSouth shall deliver such
loop to Carrier on an unintegrated basis, pursuant to
Carrier's chosen hand-off architecture, without a
degradation of end user service or feature
availability as supported by Carrier's chosen
hand-off architecture.
B.7 Except as otherwise specified herein, all dedicated
transport-based features, functions, service
attributes, grades-of-service, install, maintenance,
and repair intervals which apply to BellSouth's
bundled local exchange service shall apply to
unbundled loops.
B.8 Except as otherwise specified herein, all
switch-based features, functions, service attributes,
grades-of-service, and install, maintenance, and
repair intervals which apply to BellSouth's bundled
local exchange service shall apply to unbundled
ports.
B.9 BellSouth will permit any customer to convert its
bundled local service to an unbundled element or
service and assign such unbundled element or service
to Carrier with no penalties, rollover, termination
or conversion charges to Carrier or the customer,
except as specifically provided in Attachment C-2
hereto or pursuant to the terms of a specific
customer service agreement, if BellSouth waives like
charges and penalties for any other
telecommunications carrier (unless superseded by
government action).
B.10 BellSouth will permit Carrier to collocate remote
switching modules and associated equipment in
conjunction with collocation arrangements Carrier
maintains at a BellSouth wire center, for the purpose
of interconnecting to unbundled loop or link
elements.
B.11 When available to any other telecommunications
carrier or other customer, BellSouth shall provide
Carrier with an appropriate on-line electronic file
transfer arrangement by which Carrier may place,
verify, and receive confirmation on orders for
unbundled elements, and issue and track trouble-
ticket and repair requests associated with unbundled
elements. In the
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interim, batch file arrangements specified in
BellSouth's current Facilities Based Carrier
Operating Guide (FBOG) shall apply. EXACT electronic
interface is the preferred method by which to order
unbundled elements. BellSouth shall provide Carrier
with the ability to order any defined network element
using OBF or other mutually agreed upon
ordering/provisioning codes.
B.12 It is expressly agreed that interconnection will be
afforded equally regardless of the transmission
medium selected by the interconnector, i.e., digital
or analog loops, conditioned circuits, ISDN, SONET,
etc., so that networks and applications can evolve
unencumbered by the available degree of
interconnectivity when such elements are available.
B.13 Wherever technically possible, it is expressly agreed
and understood that BellSouth will provide
interconnection on both the line side and trunk side
of each unbundled Network Element. Where
interconnection is ordered to the line side of a
Network Element, interconnection shall be on a
hard-wired (not software driven) basis.
B.14 The Parties shall attempt in good faith to mutually
devise and implement a means to extend the unbundled
loop sufficient to enable Carrier to use a
collocation arrangement at one BellSouth location per
LATA (e.g., tandem switch) to obtain access to the
unbundled loop(s) at another such BellSouth location
over BellSouth facilities.
B.15. BellSouth shall develop a process to identify the
carrier for each unbundled loop and establish
automated intercompany referral and/or call hand-off
processes for an additional charge. In addition,
BellSouth will not in any way hinder Carrier from
deploying modern DLC equipment (TR303) throughout
Carrier's portion of the unbundled loop/transport
network.
C. ORDER PROCESSING
C.1 Carrier shall place orders for unbundled loops (and
other network elements) through completion and
submission of a service request specified in the
FBOG.
C.2 Order processing for unbundled loops will be fully
mechanized.
C.3 Particular combinations of elements, hereafter
referred to as combinations, identified and described
by Carrier can be ordered and provisioned as
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combinations, and not require the enumeration of each
element within that combination in each provisioning
order, consistent with OBF or other mutually agreed
upon procedures.
C.4 Appropriate ordering/provisioning codes will be
established for each identified combination,
consistent with OBF or other mutually agreed upon
procedures.
C.5 When combinations are ordered where the elements are
currently interconnected and functional, those
elements will remain interconnected and functional
(except for the integrated SLC).
C.6 When available, BellSouth will provide Carrier with
the ability to have the BellSouth end office AIN
triggers initiated via a service order from Carrier.
C.7 Carrier and BellSouth will negotiate in good faith to
create a mutually acceptable standard service
order/disconnect order format, consistent with OBF or
other mutually agreed upon procedures.
C.8 BellSouth shall exercise best efforts to provide
Carrier with the "real time" ability to schedule
installation appointments with the customer on-line
and access to BellSouth's schedule availability
beginning in the second calendar quarter of 1997. In
the interim, BellSouth will make best effort to
install unbundled loops and other network elements by
the Customer Desired Due Date (CDDD) where facilities
permit. Service requests with shorter intervals than
normal intervals or those that require out-of-hours
provisioning may be subject to additional charges.
C.9 When available to any other telecommunications
carrier or other customer, BellSouth shall provide
"real time" response for firm order confirmation, due
date availability/scheduling, dispatch required or
not, identify line option availability by Local
Service Office (LSO) (such as digital copper, copper
analog, ISDN), completion with all service order and
time and cost related fees, rejections/errors on
service order data element(s), jeopardies against the
due date, missed appointments, additional order
charges (construction charges), order status,
validate street address detail, and electronic
notification of the local line options that were
provisioned. This applies to all types of service
orders and all network elements.
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C.10 BellSouth will provide to Carrier escalation
procedures for ordering and provisioning. If an
expedite is requested by Carrier on the customer's
behalf, normal expedite charges shall apply.
D. CONVERSION OF EXCHANGE SERVICE TO NETWORK ELEMENTS
D.1 Installation intervals for service established via
Unbundled loops will be handled in the same timeframe
as BellSouth provides services to its own customers,
as measured from date of customer order to date of
customer delivery. BellSouth will make best effort to
install unbundled loops and other network elements by
the Customer Desired Due Date (CDDD) where facilities
permit. Service requests with a shorter than standard
interval or those that require out-of-hours
provisioning may be subject to additional charges.
D.2 On each unbundled network element order in a wire
center, Carrier and BellSouth will agree on a cut-
over time at least 48 hours before that cutover time.
The cutover time will be defined as a 180 minute
window within which both the Carrier and BellSouth
personnel will make telephone contact to complete the
cutover.
D.3 Within the appointed 180 minute cutover time, the
Carrier contact will call the BellSouth contact
designated to perform cross-connection work and when
the BellSouth contact is reached in that interval,
such work will be promptly performed.
D.4 If the Carrier contact fails to call or is not ready
within the appointed interval and if Carrier has not
called to reschedule the work at least eight (8)
hours prior to the start of the interval, BellSouth
and Carrier will reschedule the work order.
D.5 If the BellSouth contact is not available or not
ready at any time during the 180 minute interval,
Carrier and BellSouth will reschedule.
D.6 The standard time expected from disconnection of a
live Exchange Service to the connection of the
unbundled element to the Carrier collocation
arrangement is 15 minutes.
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D.7 If unusual or unexpected circumstances prolong or
extend the time required to accomplish the
coordinated cut-over, the Party responsible for such
circumstances is responsible for the reasonable labor
charges of the other Party. Delays caused by the
customer are the responsibility of Carrier.
D.8 If Carrier has ordered Service Provider Number
Portability (SPNP) as part of an unbundled loop
installation, BellSouth will coordinate
implementation of SPNP with the loop installation.
D.9 If BellSouth provides in practice shorter scheduling
lead times and/or cutover windows than those
specified in this section for the same services for
other carrier, it will do the same for Carrier.
E. SERVICE QUALITY
E.1 At a minimum, the service quality of leased network
elements should match that of BellSouth's own
elements and conform to all Bellcore and ANSI
requirements applicable to the type of service being
provided. In addition, BellSouth will provide
maintenance services on network elements purchased by
Carrier which are timely, consistent and at parity
with that provided when such elements are used for
its own purposes.
E.2 Maintenance support shall be available 7 days a week,
24 hours a day. Provisioning support shall be
available at the same times at which BellSouth
installs its own bundled local exchange services.
E.3 Installation and service intervals shall be the same
as when BellSouth provisions such network elements
for use by itself, its affiliates or its own retail
customers.
E.4 In facility and power outage situations, BellSouth
agrees to provide network elements leased by Carrier
the same priority for maintenance and restoral as
similar elements used by BellSouth for itself or its
affiliates.
E.5 The Parties agree that all interconnection
arrangements and services will at a minimum be
subject to technical standards which are equal to
those that BellSouth affords to itself, any other LEC
or other telecommunications carrier. This must, at a
minimum, include parity in:
- Port features
- Treatment during overflow/congestion conditions
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- Equipment/interface protection
- Power redundancy
- Sufficient spare facilities to ensure
provisioning, repair, performance and
availability
- Mediation functions
- Standard interfaces
F. NETWORK INFORMATION EXCHANGE
F.1 BellSouth shall provide Carrier with information
sufficient to determine an end user's existing
service and feature configurations.
F.2 BellSouth shall provide information to Carrier on a
continuing basis required to keep Carrier apprised of
engineering changes associated with BellSouth's
network elements and its deployment of new
technologies.
F.3 BellSouth shall provide Carrier with a detailed
description of the criteria and procedures used for
handling facility and power outages.
F.4 Where permitted by law, BellSouth will provide
Carrier with electronic (magnetic tape and/or
diskette) and hard copies of its Master Street
Address Guide (MSAG), and any regular updates
thereof.
F.5 BellSouth will provide Carrier with access to a
listing and description of all services and features
available down to street address detail, including:
Type of Class 5 switch by CLLI, line features
availability by LSO, and service availability by LSO,
as well as the data elements required by BellSouth to
provision all such services and features.
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G. MAINTENANCE AND TROUBLE RESOLUTION
G.1 Where available to other telecommunication service
providers, Automated interfaces shall be provided
into a centralized operations support systems
database for real time network monitoring to
proactively identify potential service degradation.
Such systems must monitor and report on the integrity
of the BellSouth network, isolate troubles and
initiate repair operations, test individual unbundled
loops and generate maintenance and repair notices
that impact any end user's ability to complete calls.
Ongoing maintenance practices on unbundled loops
shall equal the practices employed by BellSouth for
facilities used to provide retail services. BellSouth
will use its best efforts to ensure that the mean
time to repair unbundled loops shall be equivalent to
the mean time to repair reported by BellSouth for its
retail customers.
G.2 Service centers shall be established by both Parties
to handle service issues, escalations, resolution of
billing issues and other administrative problems.
G.3 The Parties agree to establish a real time automated
industry standard electronic interface (EBI) to
perform the following functions:
- Trouble Entry
- Obtain Trouble Report Status
- Obtain Estimated Time To Repair (ETTR) and ILEC
Ticket Number
- Trouble Escalation
G.4 The Parties agree to adopt a process for the
efficient management of misdirected service calls.
G.5 BellSouth will provide Carrier with numbers for the
appropriate repair center until such time as a center
is established to act as Carrier's single point of
contact for all maintenance functions which will
operate on a 24 hour a day, 7 days a week basis.
G.6 BellSouth will be responsible for all reported
trouble and will perform required test and/or
maintenance until such trouble report is turned back
to Carrier.
G.7 BellSouth's established maintenance escalation policy
shall apply in resolving maintenance trouble.
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G.8 BellSouth shall perform Mechanized Loop Tests (Quick
Test) at the request of Carrier while Carrier is on
line.
G.9 BellSouth shall provide progress status reports
sufficient to enable Carrier to provide end user
customers with detailed information and an estimated
time to repair (ETTR).
G.10 BellSouth will close all trouble reports with
Carrier. Carrier will close all trouble reports with
the end user.
G.11 BellSouth will not undertake any work at an end
user's request for which Carrier would be charged
without obtaining the prior approval of Carrier. This
includes authorizations by Carrier if a dispatch is
required to the customer premises as well as
verification of actual work completed. Carrier will
coordinate dispatches to the customer premises. This
includes dispatches for customer not-at-home.
G.12 All Auto/Subscriber Line Tests (ALIT/SLIT) tests
performed on Carrier customers that result in a
failure will be reported to Carrier.
G.13 BellSouth will ensure that all applicable alarm
systems that support Carrier customers are
operational and the supporting databases are accurate
so that equipment that is in alarm will be properly
identified. BellSouth will respond to Carrier
customer alarms consistent with how and when they
respond to alarms for their own customers.
G.14 Nondiscriminatory emergency restoration and disaster
recovery plans will be developed consistent with TSR
essential line procedures. The plans should outline
methods for the restoration of each central office in
the local network provider territory as well as
contain site specific restoration alternatives which
can be implemented based on the magnitude of the
disaster. Each plan should incorporate at a minimum
the following elements:
a. A BellSouth single point of contact which
shall be:
- Responsible for notification of the
Carrier work center
- Responsible for the initiation of
BellSouth's restoration plan
- Responsible for status and problem
resolution during the entire
restoration process
b. A restoration equipment dispatch plan which
will establish a:
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- Documented procedure on how
equipment will be dispatched to the
restoration site
- Estimated maximum time for the
restoration equipment to arrive on
site
c. Prior notification of any scheduled
maintenance activity performed by the local
supplier that may be service affecting to
Carrier local customers (i.e., cable throws,
power tests, etc.).
H. BILLING FOR NETWORK ELEMENTS
H.l BellSouth will xxxx all unbundled elements and
associated services purchased by Carrier (either
directly or by previous assignment by a customer) on
no more than two (2) consolidated statements per
Point of Interconnection (POI) with sufficient
billing detail to enable Carrier to reasonably audit
such charges.
H.2 Invoices must be presented monthly in a Carrier
Access Billing Systems (CABS) and/or Customer Record
Information System (XXXX) format in order to
facilitate standard industry auditing practices.
Carrier and BellSouth will agree on the flow and
format of CARE records for correct provisioning and
billing to IXCs.
I. ADDITION OF NETWORK ELEMENTS
Carrier may request that BellSouth allow purchase and
interconnection of additional Network Elements at any time by
making a demand in writing including a proposed revised
Attachment C. BellSouth will respond in writing within thirty
(30) days of receipt of such a request, and either accept or
reject the service request. BellSouth may not refuse to make
the requested Network Element available if its availability is
required by FCC or state commission requirements, the Network
Element is provided to any other telecommunications carrier,
or interconnection is technically feasible and failure to
obtain access to such Network Element might impair the ability
of Carrier to provide telecommunications services. Pricing of
such additional elements shall be provided within forty-five
(45) days of receipt of the request for service, and shall be
in accordance with the requirements of 47 U.S.C. Section
252(d)(1). Actual interconnection and provision of service
shall be provided within ninety (90) days of receipt of the
service request.
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V. LOCAL TRAFFIC INTERCONNECTION ARRANGEMENTS
A. TYPES OF LOCAL TRAFFIC TO BE EXCHANGED
The Parties agree to provide the necessary facilities and
equipment to allow for the exchange of the following types of
traffic between BellSouth and Carrier:
A.1 Local Exchange: Local traffic to be terminated on
each party's local network so that customers of
either party have the ability to reach customers of
the other party without the use of access codes.
A.2 Exchange Access: The offering of access to telephone
exchange services or facilities-based origination and
termination of intraLATA or interLATA toll services.
A.3 IXC Transit: BellSouth shall provide intermediary
network access service between Carrier and any IXC
for the purpose of completing interLATA or intraLATA
toll traffic.
A.4 Other Transit Functions: BellSouth shall provide
intermediary tandem switching and transport services
for Carrier's connection of its end user to a local
end user of other CLECs, other ILECs, and wireless
telecommunications providers.
A.5 Intelligent Network and Network Surveillance:
BellSouth shall provide open logical interconnection
points to AIN/IN interface in their network based on
the agreements reached at the IILC Issue 026.
BellSouth must also provide access to monitoring,
surveillance and other fraud control functions in its
network.
A.6 Other Services: BellSouth shall provide connection
and call routing for 911, directory assistance, and
operator assistance services.
B. DESIGNATED POINTS OF INTERCONNECTION
The Parties shall designate Points of Interconnection (POIs)
on each other's networks. Carrier shall at a minimum designate
a POI at each BellSouth access tandem serving the local
calling area of the exchanges being served by Carrier. Carrier
may designate additional POIs within a BellSouth local calling
area and BellSouth will not unreasonably refuse to
interconnect at each such designated POI.
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BellSouth may designate a POI at one or more of Carrier's
local switching centers within each LATA in which Carrier is
providing local service. If no Carrier local switching center
is located within such LATA, the Parties will arrange a POI at
a mutually agreed point within such LATA. Carrier will not
unreasonably refuse to interconnect at a POI designated by
BellSouth.
B.1 Interconnection will be available at any technically
feasible point that is used in the transmission of
voice, data or other types of traffic.
B.2 Reciprocal connectivity shall be established at each
and every BellSouth access tandem within the local
calling area Carrier desires to serve for
interconnection to those end offices that subtend the
access tandem. At its discretion, Carrier may elect
to interconnect directly at any BellSouth end offices
for interconnection to end users served by that end
office. Such interconnecting facilities shall
conform, at a minimum, to the telecommunications
industry standard of DS-1 pursuant to Xxxxxxxx
Xxxxxxxx Xx. XX-XXX-00000. Signal transfer point,
Signaling System 7 (SS7) connectivity is required at
each interconnection point where available. BellSouth
will provide out-of-band signaling using Common
Channel Signaling Access Capability where technically
and economically feasible, in accordance with the
technical specifications set forth in the BellSouth
Guidelines to Technical Publication, TR-TSV-000905.
The Parties agree that their facilities shall provide
the necessary on-hook, off-hook answer and disconnect
supervision, and shall hand off calling party number
ID where technically feasible.
B.3 In accordance with Section V.C hereafter, collocation
arrangements will be established which are suitable
for use in Carrier/BellSouth local interconnection
and Carrier access to unbundled BellSouth network
components. Allowable collocation equipment includes
transmission and concentrating equipment.
B.4 In accordance with Section V.D hereafter, the Parties
agree to establish trunk groups such that each Party
provides a reciprocal of each trunk group established
by the other Party. The Parties agree to install
efficient and sufficient facilities to carry traffic
(1) to route calls originating on its network and
terminating on the other carrier's network to its
POI, and (2) to route calls originating on the other
local exchange carrier's network, but terminating on
its network from that carrier's POI, and will work
cooperatively to ensure such. Notwithstanding the
foregoing, each Party
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may construct its network, including the
interconnecting facilities, to achieve optimum cost
effectiveness and network efficiency.
B.5 Each Party shall be responsible for routing calls to
the POI for termination via the other's facilities.
Each Party shall bear its own costs related to
installation at the POI. Carrier may establish POIs
on the BellSouth network via a negotiated expanded
interconnection arrangement or via leased transport
between the Carrier network and the BellSouth access
tandem. BellSouth may establish POIs on the Carrier
network via an expanded interconnection arrangement
at the Carrier local switching center or via leased
transport between an Carrier expanded interconnect
arrangement and an Carrier local switching center.
B.6 Either Party may use the POI for the interconnection
of other types of services, such as toll services,
subject to the applicable rates for such
interconnection.
B.7 BellSouth may not impose any restrictions on traffic
types delivered to or from the POI(s).
Notwithstanding the foregoing, the Parties hereto
agree that no interexchange access services traffic
will be exchanged as local traffic hereunder.
B.8 Once traffic is delivered to the POI, it is the
terminating carrier's responsibility to terminate the
traffic to its end users. Calls should be terminated
using the same network, ensuring the same quality of
service, as the carrier provides its own customers.
B.9 Except as specifically provided for in Attachment C-1
hereto neither Party will charge the other
reconfiguration charges for new installations at
existing POIs.
B.10 BellSouth will absorb any applicable nonrecurring
charges incurred by Carrier as a result of network
redesigns/reconfigurations initiated by BellSouth to
its own network.
C. FACILITIES FOR LOCAL INTERCONNECTION
C.1 The parties agree there are four appropriate methods
of interconnecting facilities: (1) virtual
collocation where physical collocation is not
practical for technical reasons, because of space
limitations or at the option of the Party requesting
interconnection; (2) physical collocation;
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(3) interconnection via purchase of facilities from
either party by the other party; and (4) mid fiber
meet. Rates and charges for collocation are set forth
in Attachment C-1 hereto and applicable provisions of
BellSouth's access service tariffs.
C.2 Each Party hereto at its election shall have the sole
right and discretion to specify any one of the
following methods for interconnection at the POI:
a. a mid-fiber meet in a manhole or other
appropriate junction point inside, near to, or
just outside the wire center designated as the
POI, in which case the Party requesting
interconnection shall additionally have the sole
right and discretion to effect such meet by
leasing from a third party, fiber facilities
into the POI mid-fiber meet junction point
(i.e., virtual collocation);
b. a collocation facility which it maintains at the
other Party's POI wire center (i.e., physical
collocation);
c. a collocation facility maintained at the POI
wire center by a third party with whom the
Party requesting interconnection has
contracted for such purpose; or
d. a digital transport facility(ies) leased from
the other Party hereto under the most favorable
contract or tariff terms offered, where such
facility(ies) extends to the POI from some
second point designated by the Party requesting
interconnection.
The Party requesting interconnection may, upon 60
days' advance written notice to the other Party,
change from one of the interconnection methods
specified above to another of the networks specified
above. A mutually acceptable third party contractor
can be employed by the Party making the change to
implement such changes, in which case no conversion
or rollover charges will be assessed by the other
party.
C.3 Existing Carrier special access collocation
arrangements with BellSouth shall be available for
use by Carrier in the provision of switched services
hereunder at no additional charge to Carrier.
C.4 Carrier may at its option replace current virtual
collocation arrangements at any location with
physical collocation arrangements. The Parties agree
that no termination penalties or liabilities will
apply to the termination of
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existing virtual collocation arrangements. A mutually
acceptable third party contractor can be employed by
the Party making the change to implement such a
replacement, in which case no conversion,
installation or nonrecurring charges will be assessed
by the other Party.
D. TRUNKING AND SIGNALING
D.1. a. The Party receiving traffic for termination can
elect to receive the traffic one of two ways:
(a) over separate trunks for local and
non-local; or (b) on combined trunks; provided
that separate trunk groups shall be utilized
where the delivering party is unable to furnish
an auditable percent local usage (PLU) factor
to the party receiving the traffic on a
quarterly basis.
b. If direct end office trunking with combined
trunks is used, the Parties will work
cooperatively to develop a procedure for
accurately determining the amount of interLATA
access traffic for proper application of
switched access charges.
D.2 Trunking shall be available to any switching center
designated by either carrier: including end offices,
access tandems, 911 routing switches, directory
assistance/operator services switches, or any other
feasible point in the network. The Parties shall have
the option for either one-way or two-way trunking.
Directionality in this case refers to the traffic
flowing between two networks, not to the logical or
physical configuration of the trunk. All trunks
should be configured two way for testing purposes.
D.3 Trunking can be established to tandems or end offices
or a combination as mutually agreed. Normally,
trunking will be at the DS-1 level. On a trunk group
specific basis, the Parties may agree to establish
trucking at higher (e.g., DS-3) levels. Initial
Trunking will be established between the Carrier
local switching centers and the BellSouth access
tandems. The Parties will utilize direct end office
trunking under the following conditions:
a. BellSouth tandem exhaust - If a BellSouth access
tandem to which Carrier is interconnected is
unable to, or is forecasted to be unable to,
support additional traffic loads for any period
of time, the Parties will mutually agree on an
end office trunking plan that will alleviate the
tandem capacity shortage and ensure completion
of traffic between Carrier and BellSouth
subscribers.
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b. Traffic volumes - The Parties shall install and
retain direct end office trunking sufficient to
handle actual or reasonably forecast traffic
volumes, whichever is greater, between an
Carrier local switching center and a BellSouth
and office where traffic between such points
exceeds or is forecast to exceed 125,000 minutes
of local traffic per month. The Parties will
install additional capacity between such points
when overflow traffic between the Carrier
switching center and BellSouth access tandem
exceeds or is forecast to exceed 125,000 minutes
of local traffic per month.
c. Mutual agreement - The Parties may install
direct end office trunking upon mutual agreement
in the absence of conditions (a) or (b) above
and agreement will not unreasonably be withheld.
D.4 The Parties will provide Common Channel Signaling
(CCS) information to one another, where and as
available, at no charge, in conjunction with all POI
trunk groups. The Parties will cooperate in the
exchange of Transaction Capabilities Application Part
(TCAP) messages to facilitate full inter-operability
of CCS-based features between their respective
networks, including all CLASS features and functions,
to the extent each carrier offers such features and
functions to its own end users. All CCS signaling
parameters will be provided including calling party
number (CPN), originating line information (OLI)
calling party category, charge number, etc. All
privacy indicators will be honored. Where available,
network signaling information such as Carrier
Identification Parameter (CCS platform), at the
standard tariff rates, and CIC/OZZ information
(non-CCS environment) will be provided wherever such
information is needed for call routing or billing.
The Parties will follow all Ordering and Billing
Forum (OBF) adopted standards pertaining to CIC/OZZ
codes. Where CCS is not available, in-band
multi-frequency (MF) wink start E&M channel
associated signaling will be provided. Such MF
arrangements will require a separate trunk group
between Carrier's switch and one specified BellSouth
switch.
D.5 Carrier shall establish CCS interconnection with
BellSouth signal transfer points (STPs) in each LATA,
either directly or via an intermediary STP provider.
Where the interconnection is via B-link connections,
charges for the SS7 interconnection elements are as
follows: 1) Port Charge- BellSouth will not xxxx an
STP port charge nor will BellSouth agree to pay a
port charge; 2) SS7 Network Usage- BellSouth will
xxxx SS7 Network Usage and will agree to pay usage
billed by Carrier (to the extent that a flat rate
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surrogate charge is billed by Carrier, it will not
exceed BellSouth's charge); 3) XX0 Xxxx-XxxxXxxxx
will xxxx for only two links of each quad ordered.
Application of these charges in this manner reflects
the reciprocal use of the two parties signaling
networks.
Where the interconnection is via A-link
connections, charges for the SS7 interconnection
elements are as follows: 1) Port Charge- BellSouth
will xxxx an STP port charge and does not agree to
pay a termination charge at Carrier's end office; 2)
SS7 Network Usage- BellSouth will xxxx for usage on
its SS7 network and will not agree to pay for any
usage billed by Carrier; 3) Link- BellSouth will xxxx
full charges for each link in the A-link pair and
will not agree to pay Carrier for any portion of
those links.
D.6 Carrier may opt at any time to terminate to BellSouth
some or all local exchange traffic and intraLATA toll
traffic originating on its network, together with
switched access traffic, via Feature Group A, B, C or
D Switched Access services which Carrier may
otherwise purchase from BellSouth, subject to the
rates, terms and conditions specified in BellSouth's
applicable switched access tariffs. At no time shall
Carrier be required to route outbound traffic via
facilities for which a full retail or end user toll
charge would be assessed when parallel FG-A, FG-B,
FG-C, or FG-D routing, or routing via a different
carrier exists which is capable of carrying and
completing said traffic at more favorable rates.
D.7 The Parties will cooperate to jointly plan for the
deployment of intercompany 64 Kbps per second clear
channel capability.
D.8 Service arrangements hereunder shall be engineered to
an objective, consistent P.01 or better grade of
service at the peak busy hour.
D.9 The Parties shall periodically exchange technical
descriptions and trunk/traffic forecasts of their
interconnection and traffic requirements in
sufficient detail to assure traffic completion to and
from all customers within the appropriate calling
areas.
D.10 BellSouth shall deliver intraLATA traffic originating
from its subscribers and terminating to Carrier's
subscribers via a combined two-way trunk group using
facilities leased from Carrier on mutually agreeable
terms.
D.11 BellSouth will provide interconnection to and from
intelligent network, signaling, monitoring,
surveillance and fraud control points.
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D.12 BellSouth shall provide and implement all industry
standard SS7 parameters as well as procedures that
are defined in the ANSI standards, even if today's
services do not specifically require these features.
These functions shall include:
a. All functions of the ISUP, TCAP, SCCP, and MTP
as specified in relevant BellCore
specifications.
b. All functions of the OMAP, including MTP Routing
Verification Test (MRVT) and SCCP Routing
Verification Test (SRVT).
D.13 The Parties shall meet or exceed SS7 performance
objectives as described in Bellcore TR-905 section 7,
and MTP and SCCP performance as specified by ANSI.
D.14 Either Party shall have the option for
Multi-Frequency (MF) signaling, but only when either
party does not have the technical capability to
provide SS7 facilities.
D.15 Other Signaling Requirements:
a. CIP shall be provided (CIC within the SS7 call
set-up signaling protocol) at tariffed charges.
b. All mandatory SS7 signaling parameters must be
provided including Calling Party Number (CPN).
All privacy indicators must be honored.
E. NETWORK MANAGEMENT
E.1 The Parties agree to work cooperatively to install
and maintain reliable interconnected
telecommunications networks, including but not
limited to, the exchange of appropriate information
concerning network changes that affect services to
the other Party, maintenance contact numbers and
escalation procedures.
E.2 The interconnection of all networks will be based
upon accepted industry/national guidelines for
transmission standards and traffic blocking criteria.
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E.3 The Parties will work cooperatively to apply sound
network management principles by invoking appropriate
network management controls (e.g., call gapping) to
alleviate or prevent network congestion.
E.4 The Parties will cooperate to determine the
performance of their respective networks and will
implement joint management controls to further
overall service integrity.
E.5 The Parties will jointly develop and agree on a Joint
Interconnection Grooming Plan prescribing standards
to ensure that traffic exchanged over the POI trunk
groups experiences a consistent P.01 or better grade
of service peak busy hour, and other appropriate,
relevant industry-accepted quality, reliability and
availability standards. Such plan shall also include
mutually agreed upon standards for the configuration
of segregated POI trunk groups. In addition, the plan
shall also include standards and procedures for
notification of trunk disconnections and discoveries
of trunk disconnections. Neither Party shall be
expected to maintain active status for a trunk
disconnected by the other Party for an extended or
indefinite period of time. The Parties will use their
best collective good faith efforts to complete and
agree on a Joint Interconnection Grooming Plan within
90 days following execution of this agreement.
E.6 BellSouth will establish and adhere to competitive
intervals for the delivery of FOCs, DLRs and
facilities. Such intervals need to ensure that
facilities are provisioned in time frames and
according to standards that meet or exceed those that
BellSouth provides to itself for its own network and
end users. Intervals should not exceed the Customer
Designated Date (CDD).
E.7 Upon request, BellSouth will provide Carrier with
read and write access to the BellSouth maintenance
and trouble report systems including the following
systems and/or functionality:
- Trouble reporting/dispatch capability - access must
be real time
- Repair status/confirmation; maintenance/trouble
report systems
- Planned/Unplanned outage reports
E.8 Each Party has the duty to alert the other to any
network events that can result or has resulted in
service interruption, blocked calls, or changes in
network performance, on a real time basis.
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E.9 BellSouth will adopt any multi-ILEC trouble
management procedures and escalation processes
developed by the NOF.
E.10 The Parties will work cooperatively to plan and
implement coordinated repair procedures for the local
interconnection trunks and facilities to ensure
trouble reports are resolved in a timely and
appropriate manner.
E.11 The Parties will provide each other with a trouble
reporting number that is readily accessible and
available 24 hours a day, 7 days a week. In addition,
the Parties will provide each other test-line numbers
and access to test lines.
E.12 The quality of interconnection services should be no
less than that provided by BellSouth for its own
services.
E.13 Installation and restoration of interconnection
circuits by BellSouth for Carrier will be given equal
priority as is given by BellSouth to similar services
performed by BellSouth for any other
telecommunications carrier.
E.14 The time interval for installation of POIs by
BellSouth will be negotiated on an ICB basis, subject
to an agreement that installation of such POI's will
be completed within a target of sixty (60) calendar
days.
E.15 Completion confirmation shall be provided to ensure
that all necessary translation work is completed on
newly installed facilities.
E.16 The Parties shall periodically exchange technical
descriptions and forecasts of their interconnection
and traffic requirements in sufficient detail to
assure traffic completion to and from all customers
within the appropriate calling areas.
E.17 BellSouth will provide and update an electronic copy
of their Switch Network ID Database with a complete
list of features and functions by switch, NPA/NXXs,
business/residence counts and identification, rate
centers, etc.
F. LOCAL NUMBER ASSIGNMENT
Carrier will assign telephone numbers to its customers using
at least one NXX per BellSouth tariffed local exchange
metropolitan area; provided, that sufficient quantities of
numbering resources are made available to Carrier.
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G. CROSS-CONNECTION TO OTHER COLLOCATORS
Where one Party collocates in the wire center of the other
Party, the Party operating the wire center shall allow the
Party collocated at the wire center to directly interconnect
to any other entity which maintains a collocation facility at
that same wire center. The Party operating the wire center
shall enable such interconnection by effecting a
cross-connection between those collocation facilities, as
jointly directed by the Party collocated at the wire center
and the other collocated entity. For each such
cross-connection, the Party operating the wire center shall
charge one-half the otherwise applicable standard tariff or
contract special access cross-connect rate to the collocated
Party, and the identical rate to the other collocated entity.
No other charges shall apply for such cross-connection.
VI. LOCAL TRAFFIC EXCHANGE
A. EXCHANGE OF TRAFFIC
The Parties agree for the purpose of this Agreement only that
local interconnection is defined as the delivery of local
traffic to be terminated on each party's local network so that
customers of either party have the ability to reach customers
of the other party, without the use of any access code or
delay in the processing of the call. Local traffic for these
purposes shall include any telephone call that originates and
terminates in the same LATA and is billed by the originating
exchange outside of BellSouth's service area with respect to
which BellSouth has a local interconnection arrangement with
an independent LEC, with which Carrier is not directly
connected. The Parties further agree that the exchange of
traffic on BellSouth's Extended Area Service (EAS) shall be
considered local traffic and compensation for the termination
of such traffic shall be pursuant to the terms of this
section. EAS routes are those exchanges within an exchange's
Basic Local Calling Area, as defined in Section A3 of
BellSouth's General Subscriber Services Tariff.
B. COMPENSATION
With the exception of the local traffic specifically
identified in subsection (C) hereafter, each party agrees to
terminate local traffic originated and routed to it by the
other party. The Parties agree that BellSouth will track the
usage for both companies for the period of the Agreement.
BellSouth will provide copies of such usage reports to Carrier
on a monthly basis. For purposes of this Agreement, the
Parties agree that there will be no cash compensation
exchanged by the parties
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during the term of this Agreement unless the difference in
minutes of use for terminating local traffic exceeds 2 million
minutes per state on a monthly basis. In such an event, the
Parties will thereafter negotiate the specifics of a traffic
exchange agreement which will apply on a going-forward basis.
C. TRANSITTED TRAFFIC
If either party provides intermediary tandem switching and
transport services for the other party's connection of its end
user to a local end user of: (1) a CLEC other than Carrier;
(2) an ILEC other than BellSouth; or (3) another
telecommunications company such as a wireless
telecommunications service provider, the party performing the
intermediary function will xxxx a $0.002 per minute charge.
However, BellSouth agrees that Carrier may cross-connect
directly to such third Parties at the POI. In such an event,
tariffed cross-connection non-recurring charges will apply,
and no transitting charge will apply.
VII. MEET-POINT BILLING ARRANGEMENTS
Both Parties hereto provide interexchange access transport services to
IXCs and other access service customers. Pursuant to the terms of this
Agreement, and to the extent Carrier requires meet-point arrangements,
Carrier will interconnect at selected BellSouth switches of its
choosing for the purposes of providing certain Switched Access
Services. On such occasions, a portion of the access transport service
will be provided by each of the Parties hereto. This section
establishes arrangements intended to enable each of the Parties hereto
to serve and xxxx their mutual Switched Access Service customers, on an
accurate and timely basis. The arrangements discussed in this section
apply to the provision of both interLATA and intraLATA Switched Access
Services. It is understood and agreed that Carrier is not obligated to
provide any of its Switched Access Service(s) through any specific
access tandem switch or access tandem provider, and may at its sole
discretion, with due notice to those affected, modify its serving
arrangements on its own initiative.
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A. APPLICABILITY OF OBF GUIDELINES
Meet-point billing (MPB) arrangements shall be established
between the Parties to enable Carrier to provide, at its
option, Switched Access Services to third Parties via
specified LEC switches, in accordance with the Meet-Point
Billing guidelines adopted by and contained in the Ordering
and Billing Forum's MECAB and MECOD documents, except as
modified herein. These arrangements are intended to be used to
provide Switched Access Service that originates and/or
terminates on an Carrier-provided Exchange Service, where the
transport component of the Switched Access Service is routed
through specified BellSouth switches.
B. MEET-POINT INTERCONNECTION
B.1 The Parties shall establish MPB arrangements in each
LATA or locality where switched services are provided
by Carrier, between the correspondingly identified
Rating Point/Switch pairs. BellSouth shall provide
homing/subtending access tandem arrangements through
the same (or a closely proximate) switching entity
used for access services to BellSouth's end users.
This does not foreclose the possibility that other
mutually agreeable arrangements may be utilized by
mutual agreement of the Parties where appropriate.
B.2 At Carrier's discretion, interconnection for the MPB
arrangement shall be established at the POI as
described hereafter, at a collocation facility
maintained by Carrier or an affiliate of Carrier at
specified BellSouth switches, or at any point
mutually agreed to by the Parties, consistent with
the terms and conditions herein.
B.3 Two-way meet point trunks which are separate from the
local interconnection trunk groups will be
established to enable Carrier and BellSouth to
provide Exchange Access Services to IXCs via a
BellSouth Central Office. No Party shall charge the
other any amount for any meet point facilities unless
one Party is ordering trunks from the other.
B.4 Common Channel Signaling (CCS) shall be utilized in
conjunction with meet-point billing arrangements to
the extent such signaling is technically compatible
with and economically reasonable to provide through
the BellSouth switch, except that MF signaling shall
be used on a separate trunk group for originating FGD
access to Exchange Access Customers that uses the MF
FGD signaling protocol. The Parties may establish
CCIS interconnection either directly or through a
third party.
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B.5 Carrier may establish CCS interconnections either
directly or through a third-party. The Parties will
exchange TCAP messages to facilitate full
interoperability of CCIS-based features between their
respective networks, including all CLASS features and
functions to its own end users. The Parties will
provide all CCIS signaling, Billing Number,
originating line information (OLI) and any other such
similar service. For terminating FGD, BellSouth will
pass CPN if it receives CPN from FGD carriers. All
privacy indicators will be honored. Where available,
network signaling information, such as Transit
Network Selection (TNS) parameter (CCIS platform) and
OZZ/CIC information (non-CCIS environment) will be
provided whenever such information is needed for call
routing or billing. The Parties will follow all OBF
adopted standards pertaining to TNS and OZZ/CIC
codes.
B.6 All originating Toll Free Service calls for which
BellSouth performs the Service Switching Point (SSP)
function (e.g., performs the database query) shall be
delivered by Carrier using GR-394 format over a trunk
group designated for Toll Free Service. Carrier Code
"0110" and Circuit Code of "08" shall be used for all
such calls. In the event Carrier becomes a toll free
service provider, BellSouth shall deliver traffic
using the GR-394 format over a trunk group designated
for Toll Free Service.
B.7 All originating Toll Free Service calls for which
Carrier performs the SSP function, if delivered to
BellSouth, shall be delivered by Carrier using GR-394
format over the meet point trunk group for calls
destined to IXCs, or shall be delivered by Carrier
using GR-317 format over the Local Interconnection
Trunk Group for calls destined to end offices that
directly subtend BellSouth access tandems.
B.8 Originating Feature Group B calls shall be delivered
to BellSouth's tandem using the interLATA trunk
groups.
C. TARIFFS
Carrier and BellSouth will use their best reasonable efforts,
individually and collectively, to maintain provisions in their
respective federal and state access tariffs sufficient to
reflect this MPB arrangement, including appropriate MPB
percentages consistent with applicable industry standard
practice and in accordance with Section VII.F hereafter.
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D. BILLING AND DATA EXCHANGE
D.1 Each Party shall implement the "Multiple
Xxxx/Multiple Tariff" option in order to xxxx an IXC
for the portion of the jointly provided
telecommunications service provided by that Party.
For all traffic carried over the MPB arrangement,
each Party shall only xxxx the rate elements
identified for it in this Agreement. For transport
elements subject to billing percentages, each Party
shall utilize the billing percentages discussed in
Section III.C preceding and Section VII.F hereafter.
The actual rate values for each element shall be the
rates contained in that Party's own effective federal
and state access tariffs. The Parties shall utilize
complementary monthly billing periods for meet-point
billing.
D.2 BellSouth may charge the IXC for use of the entrance
facility, the tandem switching and the mutually
agreed portion of non-interconnection transport
charges. BellSouth will not include an element for
the Residual Interconnection Charge (RIC) and Carrier
will be entitled to xxxx and collect the appropriate
RIC and/or any other applicable rate elements.
D.3 Each party will provide to the other access records
sufficient to enable billing to the IXCs. Records
shall be provided in the Exchange Message Record
format, Bellcore Standard BR 000-000-000, as amended.
D.4 BellSouth shall provide to Carrier the billing name,
billing address, and CIC of the IXCs and copies of
relevant IXC Access Service Requests (ASRs), in order
to comply with the MPB notification process as
outlined in the MECAB document, on an electronic
medium basis using the EMR format.
D.5 BellSouth shall provide Carrier, on a daily basis,
switched access detail usage data (EMR Category
1101XX records) on magnetic tape or via electronic
file transfer using EMR format, for calls from IXCs
that have transitted BelISouth's tandems and
terminated to Carrier's switching center(s).
D.6 Carrier shall provide BellSouth, on a monthly basis,
switched access summary usage data (EMR Category
1150XX records) on magnetic tape or via electronic
file transfer using EMR format, for calls to IXCs
which originate at Carrier's switching center(s).
D.7 The Parties will exchange test files to support the
initial implementation of the meet point billing
processes provided for in this Agreement. Exchange of
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test data will commence one week after AMA
certification begins. These data shall be actual
recorded usage records.
D.8 Each Party shall coordinate and exchange the billing
account reference (BAR) and billing account cross
reference (BACR) numbers for the MPB Service. Each
Party shall notify the other if the level of billing
or other BAR/BACR elements change, resulting in a new
BAR/BACR number.
D.9 If access usage data is not processed and delivered
by either Party and sent to the other in a timely
manner and in turn such other Party is unable to xxxx
the IXC, the delivering Party will be held liable for
the amount of lost billing.
D.10 Errors may be discovered by Carrier, the IXC or
BellSouth. Both BellSouth and Carrier agree to
provide the other Party with notification of any
discovered errors within seven (7) business days of
the discovery. In the event of a loss of data, both
Parties shall cooperate to reconstruct the lost data
and if such reconstruction is not possible, shall
accept a reasonable estimate of the lost data based
upon three (3) to twelve (12) months of prior usage
data.
D.11 The Parties shall not charge one another for the
services rendered or information provided pursuant to
this Section VII of this Agreement.
E. TOLL FREE IXC TRAFFIC
MPB will apply for all traffic bearing the 800, 888, or any other
non-geographic NPA which may be likewise designated for such traffic in the
future, where the responsible party is an IXC. In those situations where the
responsible party for such traffic is a LEC, full switched access rates will
apply.
F. MPB BILLING PERCENTAGES
The MPB billing percentage for each Carrier Rating Point shall
be calculated according to the following formulas:
In any service jointly provided by BellSouth and Carrier for
which meet point billing arrangements are adopted, the meet
point billing percentages shall be based on the relative
distances (i.e., airline mileage) between the meet point and
the two rating points as follows:
a b
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Carrier percentage = (a+b) BellSouth percentage = (a+b)
where "a" is the airline mileage between the relevant Carrier
rating point (e.g., serving switch) and the meet point and "b"
is the airline mileage between the BellSouth rating point and
the meet point.
G. SPECIAL ARRANGEMENTS
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G.1 In a few instances, the involvement of yet a third
provider of switched access may be needed for
particular traffic. For purposes of customer billing,
when three or more LECs are involved in the
transmission of a particular message, the
intermediate carriers will have no rating point, and
the relevant mileage measurement is between the two
end points.
G.2 In the case of IXC traffic terminating to Carrier
ported numbers, the Parties will, unless IXC actual
minutes of use can be measured, account for access
revenue on a state-by-state basis by using verifiable
BellSouth/Carrier interstate and intrastate minutes
of use reported on the applicable ARMIS report at the
total IXC access rates applicable to BellSouth less
the BellSouth/Carrier meet point access minutes at
the meet point billing access rates applicable to
BellSouth, with no other subtractions.
G.3 If either Party provides intermediary functions for
network access service connection between an IXC and
another Party, each Party will provide their own
network access services to the IXC on a meet-point
basis. The meet-point billing arrangement will be
through the multiple xxxx. Each Party will xxxx its
own network access services rates to the IXC with the
exception of the residual interconnection charge.
Each Party shall xxxx 50% of is residual
interconnection charges in such case.
VIII. TOLL TRAFFIC INTERCONNECTION
A. The delivery of interexchange toll traffic by a Party to the
other Party shall be reciprocal and compensation will be
mutual. For terminating its toll traffic on the other Party's
network, each Party will pay the other Party's tariffed
terminating switched access rate, inclusive of the
interconnection charge and the carrier common line rate
elements of the switched access rate. The Parties agree that
their terminating switched rate shall be the rate in effect
when the traffic is terminated.
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B. For originating and terminating interexchange toll traffic,
each Party shall pay the other Party's tariffed switched
network access service rate elements on a per minute of use
basis. Said rate elements shall be as set out in the Parties'
respective access services tariffs as those tariffs are
amended from time to time during the term of this Agreement.
The appropriate charges will be determined by the routing of
the call. If Carrier is the BellSouth end user's presubscribed
interexchange carrier or if the BellSouth end user uses
Carrier as an interexchange carrier on a 10XXX basis,
BellSouth will charge Carrier the appropriate tariff charges
for originating network access services. If BellSouth is
serving as the Carrier end user's presubscribed interexchange
carrier or if the Carrier end user uses BellSouth as an
interexchange carrier on a 10XXX basis, Carrier will charge
BellSouth the appropriate BellSouth tariff charges for
originating network access services.
IX. NUMBER RESOURCE ARRANGEMENTS
A. Nothing in this Agreement shall be construed to in any manner
limit or otherwise adversely impact either Party's right to
request and be assigned any North American Numbering Plan
(NANP) number resources including, but not limited to, central
office (NXX) codes pursuant to the Central Office Code
Assignment Guidelines (last published by the Industry
Numbering Committee (INC) as INC 00-0000-000, Revision 4/7/95,
formerly ICCF 93-0729-010), or to independently, and in a
technically compatible manner, establish and publish in any
and all switched telecommunications industry routing and
rating databases, by tariff or otherwise, Rate Centers Rating
Points, destination switching entity/office and routing/tandem
information corresponding to such NXX codes.
B. During any period under this Agreement in which it serves as
the NANP administrator for its territory, BellSouth shall
ensure that Carrier has nondiscriminatory access to telephone
numbers for assignment to its telephone exchange service
customers, and will assist Carrier in applying for NXX codes
for its use in providing local exchange services. It is
mutually agreed that BellSouth shall provide numbering
resources pursuant to the Bellcore Guidelines Regarding Number
Assignment and compliance with those guidelines shall
constitute nondiscriminatory access to numbers. Carrier agrees
that it will complete the NXX code application in accordance
with Industry Carriers Compatibility Forum, Central Office
Code Assignment Guidelines, ICCF 00-0000-000.
C. If during the term of this Agreement BellSouth is no longer
the NANP administrator, the Parties agree to comply with the
guidelines, plan or rules adopted pursuant to 47 U.S.C.
Section 251(e).
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D. Each Party agrees to make available to the other, up-to-date
listings of its own assigned NPA-NXX Codes, along with
associated rating points and rate centers.
E. It shall be the responsibility of each Party to program and
update its switches and network systems pursuant to the local
exchange routing guide (LERG) and other switched
telecommunications industry guidelines to recognize and route
traffic to the other Party's assigned NXX codes using that
party's preferred routing at all times. Neither Party shall
impose any fees or charges whatsoever on the other Party for
such activities, except as expressly defined in this
Agreement.
F. Each Party shall be responsible for notifying its customers of
any changes in dialing arrangements due to NPA exhaustion.
Neither party shall be obligated to adopt the specific end
user dialing plan of the other.
G. Administration and assignment of numbers will be moved to a
neutral third party in the future. In the interim, while
BellSouth is still administering numbering, the following will
apply:
1. BellSouth will assign NXXs to Carrier on a
nondiscriminatory basis and on the same basis as to
itself.
2. No restriction is placed on the ability to assign
NXXs per rate center.
3. Testing and loading of Carrier's NXXs' should be the
same as BellSouth's own.
4. BellSouth cannot discriminate in the allocation of
number and types of NXXs assigned to Carrier.
5. BellSouth will assign NXXs to Carrier without the
imposition of charges that are not imposed upon
itself.
6. BellSouth will load NXXs according to industry
guidelines, including the terminating LATA in which
the NXXs/rate center is located.
7. Until such time that number administration is moved
to an independent third party, BellSouth will provide
routine reporting on NXX availability, fill rates,
and new assignments.
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8. In the event of NPA-NXX splits, it is agreed that
Carrier may continue use of the pre-existing NPA-NXX
for existing customers.
9. BellSouth will supply Carrier with copies of its
Local Calling Area Boundary Guide, including all
updates thereto.
10. All BellSouth services provided to Carrier pursuant
to this Article will be at no charge to Carrier.
X. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY
A. BellSouth agrees to provide to Carrier, pursuant to
47 U.S.C. Section 224, as amended by the Act,
nondiscriminatory access to any pole, duct, conduit,
and right-of-way owned or controlled by BellSouth.
BellSouth agrees to provide access at rates, terms
and conditions which are no less favorable than those
provided to any other telecommunications service
provider or cable television provider (CATV),
including those provided to itself or its affiliates.
B. BellSouth must provide access to its unbundled
network interface device.
C. When BellSouth has equipment on, over or under public
or private property, it will permit the use of such
equipment by Carrier on an equal and
nondiscriminatory basis.
D. Any authorizations to attach to poles, overlashing
requirements, or modifications to the conduit system
or other pathways to allow access to and egress from
the system shall not be hindered, restricted or
unreasonably withheld or delayed. Such access and use
shall be on terms and conditions identical to those
that BellSouth provides to itself and its affiliates
for the provision of exchange, exchange access and
interexchange services.
E. BellSouth agrees to take no action to intervene
against, or attempt to delay, the granting of permits
to Carrier for use of public rights-of-way or access
with property owners.
F. Any costs for improvements to/expansions of poles,
etc., should be prorated on a nondiscriminatory and
neutral basis among and all users of the facility.
G. No application fees will apply.
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H. Fees will be fixed for term of contract.
I. BellSouth will provide routine notification of
changes to poles, conduits, and rights-of-way.
J. BellSouth will provide open access to current
pole-line prints, and conduit prints, make available
maps of conduit and manhole locations, and allow
manhole/conduit break-outs, and audits to confirm
usability.
K. BellSouth will provide regular reports on the
capacity status and planned increase in capacity of
each of these access channels to facilitate
construction planning.
L. BellSouth will provide information on the location
of, and the availability to access conduit, poles.
etc., when Carrier requests such information, within
ten (10) working days after the request.
M. The Parties agree to enter a Standard License
Agreement incorporating specific rates, terms and
conditions consistent with the foregoing.
XI. ANCILLARY SERVICES AND PLATFORM ARRANGEMENTS
A. 800 TRAFFIC
A.1 BellSouth agrees to compensate Carrier, pursuant to
Carrier's published originating switched access
charges, including the database query charge, for the
origination of 800 and 888 traffic (combined "800")
terminated to BellSouth.
A.2 Carrier will provide to BellSouth the appropriate
records necessary for BellSouth to xxxx BellSouth's
intraLATA 800 customers. The records provided by
Carrier will be in a standard EMR format for a fee,
paid by BellSouth to Carrier, of $0.015 per record.
A.3 If Carrier provides 800 services to its end users
during the term of this Agreement, it agrees to
compensate BellSouth, pursuant to BellSouth's
originating switched access charges, including the
database query charge, for the origination of 800
traffic terminated to Carrier. BellSouth agrees to
provide Carrier the appropriate records for Carrier
to xxxx its 800 customers. The records provided will
be in a standard EMR format for a fee, paid by
Carrier to BellSouth, of $0.015 per record.
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A.4 If during the term of this Agreement, BellSouth is
permitted to provide interLATA 800 services,
BellSouth will compensate Carrier for the origination
of such traffic in accordance with the above.
A.5 If Carrier utilizes BellSouth's 800 database for
query purposes only, the rates and charges shall be
as set forth in the applicable BellSouth Access
Services Tariff, as said tariff is amended from time
to time during the term of this Agreement.
A.6 Should Carrier require 800 access ten digit screening
service from BellSouth, it shall have signaling
transfer points connecting directly to BellSouth's
local or regional signaling transfer point for
service control point database query information.
Carrier shall utilize SS7 Signaling links, ports and
usage from BellSouth's interstate access services
tariff. 800 access ten digit screening service is an
originating service that is provided via 800 switched
access service trunk groups from BellSouth's SSP
equipped end office or access tandem providing an IXC
identification function and delivery of call to the
IXC based on the dialed ten digit number. The rates
and charges for said services shall be as set forth
in the applicable BellSouth access services tariff as
said tariff is amended from time to time during the
term of this Agreement.
B. 911/E-911
B.1 The Parties agree to interconnect with each other to
provide Basic 911 and E-911 emergency calling
services consistent with the terms of Attachment C-9
hereto.
B.2 For Basic 911 service, BellSouth will provide to
Carrier a list consisting of each municipality in
each state that subscribes to Basic 911 service. The
list will also provide, if known, the E-911
conversion date for each county and, for network
routing purposes, a ten-digit directory number
representing the appropriate emergency answering
position for each county subscribing to 911. Carrier
will arrange to accept 911 calls from its end users
in municipalities that subscribe to Basic 911 service
and translate the 911 call to the appropriate
10-digit directory number as stated on the list
provided by BellSouth. Carrier will route that call
to BellSouth at the appropriate tandem or end office.
When a county converts to E-911 service, Carrier
shall discontinue the Basic 911 procedures and begin
the E-911 procedures, set forth in subsection B.4
below.
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B.3 For E-911 service, Carrier shall install a minimum of
two dedicated trunks originating form Carrier's
serving wire center and terminating to the
appropriate E-911 tandem. The dedicated trunks shall
be, at minimum, DS0 level trunks configured either as
a 2 wire analog interface or as part of a digital
(1.544 Mb/s) interface. Either configuration shall
use CAMA type signaling with MF pulsing that will
deliver automatic number identification (ANI) with
the voice portion of the call. If the user interface
is digital, MF pulses, as well as other AC signals,
shall be encoded per the U-255 Law convention.
Carrier will provide BellSouth daily updates to the
E-911 database.
B.4 If a municipality has converted to E-911 service,
Carrier will forward 911 calls to the appropriate
E-911 tandem, along with ANI, based upon the current
E-911 end office to tandem homing arrangement as
provided by BellSouth. If the E-911 tandem trunks are
not available, Carrier will alternatively route the
call to a designated 7-digit local number residing in
the appropriate PSAP. This call will be transported
over BellSouth's interoffice network and will not
carry the ANI of the calling party.
B.5 BellSouth will provide Carrier with an electronic
interface from which Carrier may input and update
subscriber records in the E-911 database. BellSouth
shall also provide Carrier with an automated
interface to access its Automatic Location
Identification (ALI) database.
B.6 BellSouth and Carrier agree that the practices and
procedures contained in the E-911 Local Exchange
Carrier Guide For Facility-Based Providers (LEC
Carrier Guide) shall determine the appropriate
procedures and practices of the Parties as to the
provision of 911/E-911 Access. The LEC Carrier Guide
shall at a minimum include, or BellSouth shall
separately provide, 911 database update procedures
and 911 trunk restoration procedures.
B.7 If Carrier requires transport to the BellSouth 911
tandem, Carrier may, at Carrier's option, purchase
such transport from BellSouth at rates set forth in
either BellSouth's intrastate switched access
services tariff or intrastate special access services
tariff.
B.8 BellSouth and Carrier will cooperatively arrange
meetings to answer any technical questions that
municipal or county coordinators may have regarding
the 9-1-1/E-911 portions of this Agreement.
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B.9 Where BellSouth is responsible for maintenance of the E-911
database and can be compensated for maintaining Carrier's
information by the municipality, BellSouth shall seek such
compensation. BellSouth may seek compensation for its costs
from Carrier only if and to the extent BellSouth is unable to
obtain such compensation from the municipality.
B.10 Nothing herein shall be construed to prevent Carrier from
opting to route Basic 911 and E-911 calls to an alternative
emergency call service bureau, to provide such services
itself, or to route such calls directly to a Public Safety
Answering Point (PSAP).
C. PROVISION OF OPERATOR SERVICES
C.1 BellSouth will offer to Carrier Operator Call
Processing Access Service BLV/BLVI Service and
Directory Assistance Access Services. Rates, terms
and conditions are set forth in section VI.F for
BLV/BLVI Service, Attachment C-11 for Directory
Assistance Access Services, and Attachment C-10 for
Operator Call Processing Access Services. Each such
attachment is incorporated herein by this reference.
C.2 BellSouth also will offer to Carrier CMDS Hosting and
the Non Sent Paid Report System pursuant to the terms
and conditions set forth in Attachment C-12 and
Attachment C-13, incorporated herein by this
reference.
D. TRANSFER OF SERVICE ANNOUNCEMENTS
When an end user customer changes from BellSouth to Carrier,
or from Carrier to BellSouth, and does not retain its original
telephone number, the Party formerly providing service to the
end user will provide a transfer of service announcement on
the abandoned telephone number. Each Party will provide this
referral service at no charge to the other Party. This
announcement will provide details on the new number to be
dialed to reach this customer.
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E. COORDINATED REPAIR CALLS
Carrier and BellSouth will employ the following procedures for
handling misdirected repair calls:
E.1 Carrier and BellSouth will educate their respective
customers as to the correct telephone numbers to call
in order to access their respective repair bureaus.
E.2 To the extent the correct provider can be determined,
misdirected repair calls will be referred to the
proper provider of local exchange service in a
courteous manner, at no charge, and the end user will
be provided the correct contact telephone number. In
responding to 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 shall respond with accurate information
in answering customer questions.
E.3 Carrier and BellSouth shall provide their respective
repair contact numbers to one another on a reciprocal
basis.
F. BUSY LINE VERIFICATION AND INTERRUPT
F.1 Description
a. Each Party shall establish procedures whereby
its operator bureau will coordinate with the
operator bureau of the other Party in order to
provide Busy Line Verification (BLV) and Busy
Line Verification and Interrupt (BLVI) services
on calls between their respective end users.
b. Carrier will route BLV and BLVI traffic to the
BellSouth access tandem. BellSouth WLL route BLV
and BLVI traffic to the Carrier access tandem.
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F.2 Compensation
Each Party shall charge the other Party for BLV and
BLVI at the effective rates contained in BellSouth's
applicable Local Interconnection Services Tariff(s).
G. DIRECTORY ASSISTANCE (DA)
G.1 Description
At Carrier's request, BellSouth will:
a. Provide to Carrier, over TOPs trunks, unbranded
(or Carrier-branded, where available) directory
assistance service which is comparable in every
way to the directory assistance service
BellSouth makes available to interexchange
carriers.
b. In conjunction with subparagraph (a) above,
provide caller optional directory assistance
call completion service which is comparable in
every way to the directory assistance call
completion service BellSouth generally makes
available to its end users, to the extent
BellSouth generally offers such service to its
end users.
c. BellSouth will provide Carrier operators on-line
access to BellSouth's DA database.
G.2 Compensation
Initial rates, terms and conditions for DA Services
shall be as provided in Attachment C-11 hereto.
H. DIRECTORY LISTINGS AND DIRECTORY DISTRIBUTION
H.l Subject to the execution of an agreement between
BellSouth's affiliate, BellSouth Advertising and
Publishing Co. (BAPCO), and Carrier in a form
substantially similar to that attached as Attachment
C-8, (1) Carrier's customers' primary listings shall
be included in the appropriate white page (resident
and business) listings or alphabetical directories,
as well as the directory assistance database, (2)
Carrier's business subscribers' listings will be
included in all appropriate yellow pages or
classified directories,
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and (3) copies of directories shall be delivered to
Carrier's customers; all without charge.
H.2 BellSouth shall provide Carrier with a magnetic tape
or computer disk containing the proper format to
employ in submitting directory listings and daily
updates. Carrier shall provide BellSouth with its
directory listings and daily updates to those
listings (including new, changed and deleted
listings) in a mutually acceptable format. BellSouth
shall include Carrier's customers in the directory
assistance database associated with the areas in
which Carrier provides exchange services within the
same time frame as BellSouth includes its own
customers in such databases.
H.3 BellSouth and its Affiliates will afford Carrier's
directory listings information the same level of
confidentiality which BellSouth affords its own
directory listing information, and BellSouth shall
ensure that access to Carrier's customer proprietary
confidential directory information will be limited
solely to those employees who immediately supervise
or are directly involved in the processing and
publishing of listings and directory delivery.
BellSouth will not use Carrier's directory listings
for the marketing of BellSouth's telecommunications
services.
I. ACCESS TO SIGNALING AND SIGNALING DATABASES
I.1 BellSouth will offer to Carrier use of its SS7
signaling network and signaling databases on an
unbundled basis at the rates included in Attachment
C-5 hereto. Signaling functionality will be available
with both A-link and B-link connectivity.
I.2 BellSouth agrees to input NXX assigned to Carrier
into the Local Exchange Routing Guide (LERG).
I.3 BellSouth will enter Carrier line information into
its Line Information Database (LID) pursuant to the
terms and conditions contained in Attachment C-6
hereto, incorporated herein by this reference. Entry
of line information into LIDB will enable Carrier's
end users to participate or not participate in
alternate billing arrangements such as collect or
third number billed calls.
I.4 BellSouth will provide Carrier with access to LID for
call and card validation purposes pursuant to the
rates, terms and conditions contained in Attachment
C-7 hereto, as amended hereafter to include unbundled
local loops.
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I.5 If Carrier utilizes BellSouth's 800 database for
query purposes only applicable BellSouth tariffed
rates will apply.
XII. TELEPHONE NUMBER PORTABILITY ARRANGEMENTS
A. The Parties agree to provide interim Service Provider
Number Portability (SPNP) on a reciprocal basis
between their networks to enable their end user
customers to utilize telephone numbers associated
with an Exchange Service provided by one Party, in
conjunction with an Exchange Service provided by the
other Party, upon the coordinated or simultaneous
termination of the first Exchange Service and
activation of the second Exchange Service. The
Parties shall provide reciprocal SPNP immediately
upon execution of this Agreement via remote call
forwarding (RCF) or Direct Inward Dialing (DID). SPNP
shall operate as follows:
A.1 An end user customer of Party A elects to become an
end user customer of Party B. The end user 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 a 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 within the
same access where the original NXX code is used.
Party A will route the forwarded traffic to Party B
over the appropriate trunk groups, as if the call had
originated on Party A's network.
A.2 Party B will become the customer of record for the
original Party A telephone numbers subject to the
SPNP arrangements. Party A will provide Party B a
single consolidated master billing statement for all
collect, calling card, and third-number billed calls
associated with those numbers, with subaccount detail
by retained number. Such billing statement shall be
delivered via either electronic data transfer, daily
magnetic tape, or monthly magnetic tape (for which
option there shall be no charge). Party A shall
provide to Party B the EMR detail records associated
with the calls on the master billing statement.
A.3 Party A will cancel line-based calling cards and
will, as directed by Party B. update its Line
Information Database (LIDB) listings for retained
numbers, subject to RCF, and restrict or cancel
calling cards associated
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with those forwarded numbers, as directed by Party B,
subject to execution of an LIDB storage agreement in
substantially the form attached hereto.
A.4 Within two (2) business days of receiving
notification from the end user 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 SPNP arrangements for
that customer's telephone number(s), or redirect the
SPNP arrangement pursuant to the customer's
instructions at that time.
B. SPNP-RCF is a telecommunications service whereby a call dialed
to an SPNP-RCF equipped telephone number, is automatically
forwarded to an assigned seven or ten digit telephone number
within the local calling area as defined in Section A3 of the
BellSouth General Subscriber Service Tariff. The forwarded-to
number is specified by Carrier or BellSouth, as appropriate.
Where technologically feasible, the forwarding party will
provide identification of the originating telephone number,
via SS7 signaling, to the receiving party. Neither party
guarantees, however, identification of the originating
telephone number to the SPNP-RCF end user. SPNP-RCF provides a
single call path for the forwarding of no more than one
simultaneous call to the receiving party's specified
forwarded-to number. Additional call paths for the forwarding
of multiple simultaneous calls are available on a per path
basis and are in addition to the rate for SPNP-RCF service.
C. The Parties shall provide RCF arrangements to each other at
identical monthly rates. Recurring charges shall not exceed
the actual cost of providing the service. There shall be no
non-recurring charges. Until otherwise verified by reliable
cost studies, actual cost for recurring charges are as
follows:
1. Residential Services - $1.15 per line, including 6
call paths;
2. Business Service - $2.25 per line, including 10 call
paths; and
3. Each additional path - $0.50.
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D. SPNP-DID service provides trunk side access to end office
switches for direct inward dialing to the other Party's
premises equipment from the telecommunications network to
lines associated with the other Party's switching equipment
and must be provided on all trunks in a group arranged for
inward service. A SPNP-DID trunk termination, provided with
SS7 signaling only, applies for each trunk voice grade
equivalent. In addition, direct facilities are required from
the end office where a ported number resides to the end office
serving the ported end user customer. Transport mileage will
be calculated as the airline distance between the end office
where the number is ported and the POI using the V&H
coordinate method. SPNP-DID must be established with a minimum
configuration of two channels and one unassigned telephone
number per switch, per arrangement for control purposes.
Transport facilities arranged for SPNP-DID may not be mixed
with any other type of trunk group, with no outgoing calls
placed over said facilities. SPNP-DID will be provided only
where such facilities are available and where the switching
equipment of the ordering party is properly equipped. Where
SPNP-DID service is required from more than one wire center or
from separate trunk groups within the same wire center, such
service provided from each wire center or each trunk group
within the same wire center shall be considered a separate
service. Only customer dialed sent paid calls will be
completed to the first number of a SPNP-DID number group,
however, there are no restrictions on calls completed to other
numbers of a SPNP-DID number group.
E. The Parties hereby agree to negotiate in good faith to
establish the recurring and non-recurring charges, if any, for
SPNP through DID. For this purpose, BellSouth shall provide
Carrier with its relevant cost studies, subject to applicable
non-disclosure obligations. In the event that the Parties are
unable to agree upon the applicable charges, the issue shall
be resolved in accordance with the process set forth in
Article XXV. In the interim period, the rates contained in
Attachment E hereto will apply.
F. Each Party is responsible for obtaining authorization from the
end user for the handling of the disconnection of the end
user's service, the provision of new local service and the
provision of SPNP services. Each Party is responsible for
coordinating the provision of service with the other to assure
that its switch is capable of accepting SPNP ported traffic.
Each Party is responsible for providing equipment and
facilities that are compatible with the other's service
parameters, interfaces, equipment and facilities and is
required to provide sufficient terminating facilities and
services at the terminating end of an SPNP call to adequately
handle all traffic to that location and is solely responsible
to ensure that its facilities, equipment and services do not
interfere with or impair any facility, equipment, or service
of the other Party or any of its end users.
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G. Each Party is responsible for providing an appropriate
intercept announcement service for any telephone numbers
subscribed to SPNP services for which it is not presently
providing local exchange service or terminating to an end
user. Where either Party chooses to disconnect or terminate
any SPNP service, that Party is responsible for designating
the preferred standard type of announcement to be provided.
H. Each Party will be the other's Party's single point of contact
for all repair calls on behalf of each Party's end user. Each
Party reserves the right to contact the other Party's
customers, if deemed necessary, for maintenance purposes.
I. The Parties will migrate from RCF or DID to Permanent Number
Portability (PNP) as soon as practically possible, without
interruption of service (to the degree possible) to their
respective customers.
J. Under either an SPNP or PNP arrangement, Carrier and BellSouth
will implement a process to coordinate Telephone Numbers
Portability (TNP) cut-overs with Unbundled loop conversions
(as described in Section IV of this Agreement).
K. The quality of service of calls to ported numbers should be
identical to the quality of service of the calls to non-ported
numbers.
L. If the Federal Communications Commission issues regulations
pursuant to 47 U.S.C. Section 251 to require number
portability different than that provided pursuant to this
subsection, the Parties agree to fully comply with those
requirements.
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XIII. DISCONNECTION OF CUSTOMERS
A. BellSouth shall accept any requests from Carrier to disconnect
the service of an existing BellSouth end user, except for
BellSouth public and semipublic telephone service which
service is subject to effective contracts with location
providers. BellSouth will not require end user confirmation
prior to disconnecting the end user's service. BellSouth will
accept a request directly from an end user for conversion of
the end user's service from Carrier to BellSouth or will
accept a request from another CLEC for conversion of the SPNP
service associated with an end user's service charge from
Carrier to the CLEC. BellSouth will notify Carrier that such a
request has been processed. This Article shall be subject to
Section 258(a) and (b) of the Telecommunications Act which
prohibits illegal changes of carrier selections and assesses
liability for such changes, and any change of service
verification procedures which may be promulgated by the FCC.
Carrier and BellSouth shall each execute a blanket letter of
authorization for each state substantially in the form
attached as Attachment F hereto with respect to customer
disconnections. The Parties shall each be entitled to adopt
their own internal processes for verification of customer
authorization of disconnection of service; provided, however,
that such processes shall comply with applicable state and
federal law and until superseded shall be deemed adequate for
purposes of this Agreement if such processes comply with FCC
guidelines applicable to Presubscribed Interexchange Carriers
(PIC) changes.
B. If either Party determines that an unauthorized change in
local service provider has occurred, such Party shall
reestablish service with the appropriate local service
provider as requested by the end user and will assess the
other Party an Unauthorized Change Charge of $19.41 per line.
The appropriate nonrecurring charges to reestablish the
customer's service with the appropriate local service provider
will also be assessed to the other Party because of the
unauthorized change. These charges shall be adjusted if such
Party provides satisfactory proof of authorization.
C. If BellSouth accepts an order placed by itself or another CLEC
(or local reseller) to disconnect the SPNP to an Carrier end
user, BellSouth shall notify Carrier of the change within
three (3) days thereof.
XIV. RESALE OF BELLSOUTH LOCAL EXCHANGE SERVICES
BellSouth hereby agrees that Carrier may at any time during the term of
this Agreement elect to resell BellSouth's local exchange services
under the terms and conditions of any
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local services resale agreement reached between BellSouth and any other
telecommunications carrier. Carrier may select any such resale
agreement at any time prior to the expiration of this Agreement.
XV. RESPONSIBILITIES OF THE PARTIES
A. BellSouth and Carrier agree to treat each other fairly,
non-discriminatorily, and equally for all items included in
this Agreement or related to the support of items included in
this Agreement.
B. Carrier and BellSouth will work cooperatively to minimize
fraud associated with third-number billed calls, calling card
calls, or any other services related to this Agreement. The
Parties fraud minimization procedures are to be cost effective
and implemented so as not to unduly burden or harm one Party
as compared to the other.
C. Carrier and BellSouth agree to promptly exchange all necessary
records for the proper billing of all traffic.
D. Carrier and BellSouth will review engineering requirements on
a quarterly basis and establish forecasts for trunk
utilization, POI trunks, MPB arrangements, E-911, EISCC
facility requirements, quantities of DNCF, loops and other
services provided under this Agreement. New trunk groups will
be implemented as dictated by engineering requirements for
both BellSouth and Carrier. BellSouth and Carrier are required
to provide each other the proper call information (e.g.,
originated call party number and destination call party
number) to enable each company to xxxx in a complete and
timely manner.
E. The Parties will cooperate by exchanging technical information
in order to identify and explore potential solutions to enable
Carrier to establish unique rate centers, or to assign a
single NXX code across multiple rate centers.
F. Carrier and BellSouth will work jointly and cooperatively in
developing and implementing common manual and/or electronic
interfaces (including, for example, data elements, data
format, and data transmission) from which to place service
orders and trouble reports involving the provision of loops,
DNCF, directory assistance, directory listings, E-911, and
other services included in this Agreement. To the extent
reasonable, Carrier and BellSouth will utilize the standards
established by industry fora, such as OBF.
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G. BellSouth will Support Carrier requests related to central
office (NXX) code administration and assignments in an
effective and timely manner. Carrier and BellSouth will comply
with code administration requirements as prescribed by the
FCC, the state commissions, and accepted industry guidelines.
H. There will be no re-arrangement, reconfiguration, disconnect,
or other non-recurring fees associated with the initial
reconfiguration of each carrier's traffic exchange
arrangements upon execution of this agreement.
I. BellSouth shall not impose a cross-connect fee on Carrier
where Carrier accesses 911 or E-911, reciprocal traffic
exchange trunks, and network platform services, through a
collocation arrangement at the BellSouth Wire Center.
J. Notwithstanding any other provision of this Agreement, it is
mutually understood and agreed that both Parties hereto
reserve the right to establish each of the following,
consistent with generally accepted industry standards.
1. Rate centers (location and area within)
2. Points of interchange (including meet points)
3. Switching entity designation and supporting data
(including inbound route choice)
a. end office
b. homing/homed to tandem
4. Association of routing point(s) with end offices,
POIs, etc.
5. Published rate center and locality designations.
XVI. NETWORK DESIGN AND MANAGEMENT
A. The Parties agree to work cooperatively to install and
maintain reliable interconnected telecommunications networks,
including but not limited to, maintenance contact numbers and
escalation procedures. BellSouth agrees to provide public
notice of changes in the information necessary for the
transmission and routing of services using its local exchange
facilities or networks, as well as of any other changes that
would affect the interoperability of those facilities and
networks.
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B. The interconnection of all networks will be based upon
accepted industry/national guidelines for transmission
standards and traffic blocking criteria.
C. The Parties will work cooperatively to apply sound network
management principles by invoking appropriate network
management controls to alleviate or prevent network
congestion.
D. For network expansion, the Parties agree to review engineering
requirements on a quarterly basis and establish forecasts for
trunk utilization. New trunk groups will be added as
reasonably warranted.
E. Carrier and BellSouth will exchange appropriate information
(e.g., maintenance contact numbers, network information,
information required to comply with law enforcement and other
security agencies of the Government) to achieve desired
reliability. In addition, Carrier and BellSouth will
cooperatively plan and implement coordinated repair procedures
to ensure customer trouble reports are resolved in a timely
and appropriate manner.
XVII. TERM
A. The term of this Agreement shall be two years, beginning April
15, 1997.
B. The Parties agree that by no later than April 15, 1998, they
shall commence negotiations with regard to the terms,
conditions and prices of local interconnection to be effective
beginning April 15, 1999.
C. If, within 90 days of commencing the negotiation referred to
in Section XVII.B above, the Parties are unable to
satisfactorily negotiate new local interconnection terms,
conditions and prices, either Party may petition the state
commission to establish appropriate local interconnection
arrangements pursuant to 47 U.S.C. 252. The Parties agree
that, in such event, they shall encourage the Commission to
issue its order regarding the appropriate local
interconnection arrangements no later than October 15, 1998.
The Parties further agree that in the event the Commission
does not issue its order prior to October 15, 1998 or if the
Parties continue beyond April 15, 1999 to negotiate the local
interconnection arrangements without Commission intervention,
the terms, conditions and prices ultimately ordered by the
Commission, or negotiated by the Parties, will be effective
retroactive to April 15, 1999. Until the revised local
interconnection arrangements become effective, the Parties
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shall continue to exchange traffic pursuant to the terms and
conditions of this Agreement.
D. The Parties agree that (1) if the FCC or a state commission or
other state or local body having jurisdiction over the subject
matter of this Agreement finds that the terms of this
Agreement are inconsistent in one or more material respects
with any of its or their respective decisions, rules or
regulations promulgated, or (2) if the FCC or a state
commission preempts the effect of this Agreement, then in the
event of the occurrence of (1) or (2), which occurrence is
final and no longer subject to administrative or judicial
review, the Parties shall immediately commence good faith
negotiations to conform this Agreement with any such decision,
rule, regulation or preemption. The revised agreement shall
have an effective date that coincides with the effective date
of the original FCC or state commission's action giving rise
to such negotiations. The Parties agree that the rates, terms
and conditions of any new agreement shall not be applied
retroactively to any period prior to such effective date.
E. In the event that BellSouth provides interconnection and/or
temporary number portability arrangements via tariff or has or
enters into an interconnection and/or temporary number
portability agreement with another entity, BellSouth will
permit Carrier an opportunity to inspect such tariff or
agreement and, upon Carrier's request, BellSouth will
immediately offer Carrier an agreement on the same material
terms with effect from the date BellSouth first made such
tariff effective or entered into such arrangement and for the
remainder of the term of this Agreement. The other items
covered by this Agreement and not covered by such tariff or
agreement shall remain unaffected and as to such items this
Agreement shall remain in effect.
F. In the event that BellSouth is required by an FCC or a state
commission decision or order to provide any one or more terms
of interconnection or other matters covered by this Agreement
that individually differ from any one or more corresponding
terms of this Agreement, Carrier may elect to amend this
Agreement to reflect all of such differing terms (but not less
than all) contained in such decision or order, with effect
from the date Carrier makes such election. The other items
covered by this Agreement and not covered by such decision or
order shall remain unaffected and as to such items this
Agreement shall remain in effect.
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XVIII. IMPLEMENTATION OF AGREEMENT
The Parties agree that within 30 days of the execution of this
Agreement they will adopt a schedule for the implementation of this
Agreement. The schedule shall state with specificity, ordering,
testing, and full operational time frames. The implementation shall be
attached to this Agreement as an addendum and specifically incorporated
herein by this reference. All rates within this Agreement will become
effective upon execution of the Agreement.
XIX UNIVERSAL SERVICE
The Parties acknowledge that BellSouth will guarantee the provision of
universal service as the carrier-of-last-resort throughout its
territory in Florida until January 1, 1998 without contribution from
Carrier.
XX. FORCE MAJEURE
Neither Party shall be responsible for delays or failures in
performance resulting from acts or occurrences beyond the reasonable
control of such Party, regardless of whether such delays or failures in
performance were foreseen or foreseeable as of the date of this
Agreement including, without limitation: fire, explosion, power
failure, acts of God, war, revolution, civil commotion, or acts of
public enemies; any law, order, regulation, ordinance or requirement of
any government or legal body; or labor unrest, including, without
limitation, strikes, slowdowns, picketing or boycotts; or delays caused
by the other Party or by other service or equipment vendors; or any
other circumstances beyond the Party's reasonable control. In such
event the Party affected shall, upon giving prompt notice to the other
Party, be excused from such performance on a day-today basis to the
extent of such interference (and the other Party shall likewise be
excused from performance of its obligations on a day-for-day basis to
the extent such Party's obligations relate to the performance so
interfered with). The affected Party shall use its best efforts to
avoid or remove the cause of nonperformance and both Parties shall
proceed to perform with dispatch once the causes are removed or cease.
XXI. LIABILITY AND INDEMNIFICATION
A. LIABILITY CAP.
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1. With respect to any claim or suit, whether based in
contract, tort or any other theory of legal
liability, by Carrier, any Carrier customer or by any
other person or entity, for damages associated with
any of the services provided by BellSouth pursuant to
or in connection with this Agreement, including but
not limited to the installation, provision,
preemption, termination, maintenance, repair or
restoration of service, and subject to the provisions
of the remainder of this Article, BellSouth's
liability shall be limited to an amount equal to the
proportionate charge for the service provided
pursuant to this Agreement for the period during
which the service was affected. Notwithstanding the
foregoing, claims for damages by Carrier, any Carrier
customer or any other person or entity resulting from
the gross negligence or willful misconduct of
BellSouth and claims for damages by Carrier resulting
from the failure of BellSouth to honor in one or more
material respects any one or more of the material
provisions of this Agreement shall not be subject to
such limitation of liability.
2. With respect to any claim or suit, whether based in
contract, tort or any other theory of legal
liability, by BellSouth, any BellSouth customer or by
any other person or entity, for damages associated
with any of the services provided by Carrier pursuant
to or in connection with this Agreement, including
but not limited to the installation, provision,
preemption, termination, maintenance, repair or
restoration of service, and subject to the provisions
of the remainder of this Article, Carrier's liability
shall be limited to an amount equal to the
proportionate charge for the service provided
pursuant to this Agreement for the period during
which the service was affected. Notwithstanding the
foregoing, claims for damages by BellSouth, any
BellSouth customer or any other person or entity
resulting from the gross negligence or willful
misconduct of Carrier and claims for damages by
BellSouth resulting from the failure of Carrier to
honor in one or more material respects any one or
more of the material provisions of this Agreement
shall not be subject to such limitation of liability.
B. Neither Party shall be liable for any act or omission of any
other telecommunications company to the extent such other
telecommunications company provides a portion of a service.
C. Neither Party shall be liable for damages to the other Party's
terminal location, POI or the other Party's customers'
premises resulting form the furnishing of a service, including
but not limited to the installation and removal of equipment
and associated wiring, except to the extent the damage is
caused by such Party's gross negligence or willful misconduct.
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D. Notwithstanding subsection A, the Party providing services
under this Agreement, its affiliates and its parent company
shall be indemnified, defended and held harmless by the Party
receiving such services against any claim, loss or damage
arising from the receiving Party's use of the services
provided under this Agreement, involving: (1) claims for
libel, slander, invasion of privacy or copyright infringement
arising from the content of the receiving Party's own
communications; (2) any claim, loss or damage claimed by the
receiving Party's customer(s) arising from such customer's use
of any service, including 911/E-911, that the customer has
obtained from the receiving Party and that the receiving Party
has obtained form the supplying Party under this Agreement; or
(3) all other claims arising out of an act or omission of the
receiving Party in the course of using services provided
pursuant to this Agreement. Notwithstanding the foregoing, to
the extent that a claim, loss or damage is caused by the gross
negligence or willful misconduct of a supplying Party, the
receiving Party shall have no obligation to indemnify, defined
and hold harmless the supplying Party hereunder.
E. Neither Party guarantees or makes any warranty with respect to
its services when used in an explosive atmosphere.
Notwithstanding subsection A, each Party shall be indemnified,
defended and held harmless by the other Party or the other
Party's customer from any and all claims by any person
relating to the other Party or the other Party's customer's
use of services so provided.
F. No license under patents (other than the limited license to
use in the course of using a service provided pursuant to this
Agreement) is granted by one Party to the other or shall be
implied or arise by estoppel, with respect to any service
offered pursuant to this Agreement. Notwithstanding subsection
A, the Party providing a service pursuant to this Agreement
will defend the Party receiving such service against claims of
patent infringement arising solely from the use by the
receiving Party of such service and will indemnify the
receiving Party for any damages awarded based solely on such
claims. Such indemnification shall not, however, extend to
claims for patent infringement to the extent the alleged
infringement results from:
1. Modification of the service by someone other than the
providing Party and/or its subcontractors, where
there would be no such infringement or violation in
the absence of such modification; or
2. The combination, operation or use of the service with
any product, data or apparatus not provided by the
providing Party and/or its subcontractors, where
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there would be no such infringement or violation in
the absence of such combination, operation or use.
G. Promptly after receipt of notice of any claim or the
commencement of any action for which a Party may seek
indemnification pursuant to this Article XXI, such Party (the
"Indemnified Party") shall promptly give written notice to the
other Party (the "Indemnifying Party" of such claim or action,
but the failure to so notify the Indemnifying Party shall not
relieve the Indemnifying Party of any liability it may have to
the Indemnified Party except to the extent the Indemnifying
Party has actually been prejudiced thereby. The Indemnifying
Party shall be obligated to assume the defense of such claim,
at its own expense. The Indemnified Party shall cooperate with
the Indemnifying Party's reasonable requests for assistance or
Information relating to such claim, at the Indemnifying
Party's expense. The Indemnified Party shall have the right to
participate in the investigation and defense of such claim or
action, with separate counsel chosen and paid for by the
Indemnified Party.
XXII. MOST FAVORABLE PROVISIONS
A. The parties agree that if --
1. the Federal Communications Commission ("FCC") or the
Commission finds that the terms of this Agreement are
inconsistent in one or more material respects with
any of its or their respective decisions, rules or
regulations, or
2. the FCC or the Commission preempts the effect of this
Agreement, then, in either case, upon such occurrence
becoming final and no longer subject to
administrative or judicial review, the parties shall
immediately commence good faith negotiations to
conform this Agreement to the requirements of any
such decision, rule, regulation or preemption. The
revised agreement shall have an effective date that
coincides with the effective date of the original FCC
or Commission action giving rise to such
negotiations. The parties agree that the rates,
terms, and conditions of any new agreement shall not
be applied retroactively to any period prior to such
effective date except to the extent that such
retroactive effect is expressly required by such FCC
or Commission decision, rule, regulation or
preemption.
B. In the event that BellSouth, either before or after the
effective date of this Agreement, enters into an agreement
with any other telecommunications carrier (an
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"Other Interconnection Agreement") which provides for the
provision within a particular state covered under this
Agreement of any of the arrangements covered by this Agreement
to be provided in a particular state upon rates, terms or
conditions that differ in any material respect from the rates,
terms and conditions for such arrangements set forth in this
Agreement ("Other Terms"), then except as provided in Section
XXII.F, BellSouth shall be deemed thereby to have offered such
arrangements to Carrier for that state upon such Other Terms,
which Carrier may accept as provided in Section XXII.E. In the
event that Carrier accepts such offer within sixty (60) days
after the Commission approves such Other Interconnection
Agreement pursuant to 47 U.S.C. Section 252, or within thirty
(30) days after Carrier acquires actual knowledge of an Other
Interconnection Agreement not requiring the approval of the
Commission pursuant to 47 U.S.C. Section 252, as the case may
be, such Other Terms for such arrangement for the particular
state shall be effective between BellSouth and Carrier as of
the effective date of such Other Interconnection Agreement. In
the event that Carrier accepts such offer more than sixty (60)
days after the Commission approves such Other Interconnection
Agreement pursuant to 47 U.S.C. Section 252, or more than
thirty (30) days after acquiring actual knowledge of an Other
Interconnection Agreement not requiring the approval of the
Commission pursuant to 47 U.S.C. Section 252, as the case may
be, such Other Terms shall be effective between BellSouth and
Carrier as of the date on which Carrier accepts such offer.
C. In the event that after the effective date of this Agreement
the FCC or the Commission enters an order (an "Interconnection
Order") requiring BellSouth to provide within a particular
state covered under this Agreement any of the arrangements
covered by this Agreement to be provided in a particular state
upon Other Terms, then upon such Interconnection Order
becoming final and not subject to further administrative or
judicial review, except as provided in Section XXII.F,
BellSouth shall be deemed to have offered such arrangements in
that state to Carrier upon such Other Terms, which Carrier may
accept as provided in Section XXII.E. In the event that
Carrier accepts such offer within sixty (60) days after the
date on which such Interconnection Order becomes final and not
subject to further administrative or judicial review, such
Other Terms for such arrangement for the particular state
shall be effective between BellSouth and Carrier as of the
effective date of such Interconnection Order. In the event
that Carrier accepts such offer more than sixty (60) days
after the date on which such Interconnection Order becomes
final and not subject to further administrative or judicial
review, such Other Terms shall be effective between BellSouth
and Carrier as of the date on which Carrier accepts such
offer.
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D. In the event that after the effective date of this Agreement
BellSouth files subsequently receives approval for one or more
intrastate or interstate tariffs (each, an "Interconnection
Tariff") offering to provide in a particular state covered
under this Agreement any of the arrangements covered by this
Agreement to be provided in a particular state upon Other
Terms, then upon such Interconnection Tariff becoming
effective, except as provided in Section XXII.F, BellSouth
shall be deemed thereby to have offered such arrangements in
that state to Carrier upon such Other Terms, which Carrier may
accept as provided in Section XXII.E. In the event that
Carrier accepts such offer within sixty (60) days after the
date on which such Interconnection Tariff becomes effective,
such Other Terms for such arrangements for the particular
state shall be effective between BellSouth and Carrier as of
the effective date of such Interconnection Tariff. In the
event that Carrier accepts such offer more than sixty (60)
days after the date on which such Interconnection Tariff
becomes effective, such Other Terms shall be effective between
BellSouth and DelaCom as of the date on which Carrier accepts
such offer.
E. In the event that BellSouth is deemed to have offered Carrier
the arrangements covered by this Agreement upon Other Terms,
Carrier in its sole discretion may accept such offer either -
1. by accepting such Other Terms in their entirety; or
2. by accepting the Other Terms that directly relate to
any of the following arrangements as a whole:
a. local interconnection,
b. interLATA and IntraLATA toll traffic
interconnection,
c. unbundled access to network elements, which
include: local loops, network interface devices,
switching capability, interoffice transmission
facilities, signaling networks and call-related
databases, operations support systems functions,
operator services and directory assistance, and
any elements that result from subsequent bone
fide requests,
d. access to poles, ducts, conduits and
rights-of-way,
e. access to 911/E911 emergency network,
f. collocation, or
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g. access to telephone numbers.
The terms of this Agreement, other than those affected by the
Other Terms accepted by Carrier, shall remain in full force
and effect.
F. CORRECTIVE PAYMENT. In the event that -
1. BellSouth and Carrier revise this Agreement pursuant
to Section XXII.A, or
2. Carrier accepts a deemed offer of Other Terms
pursuant to Section XXII.E, then BellSouth or
Carrier, as applicable, shall make a corrective
payment to the other party to correct for the
difference between the rates set forth herein and the
rates in such revised agreement or Other Terms for
substantially similar services for the period from
the effective date of such revised agreement or Other
Terms until the date that the parties execute such
revised agreement or Carrier accepts such Other
Terms, plus simple interest at a rate equal to the
thirty (30) day commercial paper rate for high-grade,
unsecured notes sold through dealers by major
corporations in multiples of $1,000.00 as regularly
published in The Wall Street Journal.
XXIII. DEFAULT
If either Party defaults in the payment of any amount due hereunder,
or if either Party violates any other provision of this Agreement,
and such default or violation shall continue for thirty (30) days
after written notice thereof, the other Party may terminate this
Agreement forthwith by written instrument. The failure of either
Party to enforce any of the provisions of this Agreement or the
waiver thereof in any instance shall not be construed as a general
waiver or relinquishment of its part of any such provision, but the
same shall, nevertheless, be and remain in full force and effect.
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XXIV. NONDISCLOSURE
A. All information, including but not limited to specifications,
microfilm, photocopies, magnetic disks, magnetic tapes,
drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial reports,
and market data, (i) furnished by one Party to the other Party
dealing with customer specific, facility specific, or usage
specific information, other than customer information
communicated for the purpose of publication or directory
database inclusion, or (ii) in written, graphic,
electromagnetic, or other tangible form and marked at the time
of delivery as "Confidential" or "Proprietary," or (iii)
communicated orally and declared to the receiving Party at the
time of delivery, or by written notice given to the receiving
Party within ten (10) days after delivery, to be
"Confidential" or "Proprietary" (collectively referred to as
"Proprietary Information"), shall remain the property of the
disclosing Party.
B. Upon request by the disclosing Party, the receiving Party
shall return all tangible copies of Proprietary Information,
whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
C. Each Party shall keep all of the other Party's Proprietary
Information confidential and shall use the other Party's
Proprietary Information only for performing the covenants
contained in the Agreement. Neither Party shall use the other
Party's Proprietary Information for any other purpose except
upon such terms and conditions as may be agreed upon between
the Parties in writing.
D. Unless otherwise agreed, the obligations of confidentiality
and non-use set forth in this Agreement do not apply to such
Proprietary Information as:
1. was at the time of receipt already known to the
receiving Party free of any obligation to keep it
confidential evidenced by written-records prepared
prior to delivery by the disclosing Party; or
2. is or becomes publicly known through no wrongful act
of the receiving Party; or
3. is rightfully received from a third person having no
direct or indirect secrecy or confidentiality
obligation to the disclosing Party with respect to
such information; or
4. is independently developed by an employee, agent, or
contractor of the receiving Party which individual is
not involved in any manner with the
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provision of services pursuant to the Agreement and
does not have any direct or indirect access to the
Proprietary Information; or
5. is disclosed to a third person by the disclosing
Party without similar restrictions on such third
person's rights; or
6. is approved for release by written authorization of
the disclosing Party; or
7. is required to be made public by the receiving Party
pursuant to applicable law or regulation provided
that the receiving Party shall give sufficient notice
of the requirement to the disclosing Party to enable
the disclosing Party to seek protective orders.
E. Effective Date. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this
Agreement shall apply to all information furnished by either
Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the date of this
Agreement. The obligation to that information as confidential
shall survive the termination of this Agreement.
XXV. ARBITRATION
A. Any controversy or claim arising out of, or relating to, this
Contract or the breach thereof shall be settled by
arbitration, in accordance with the rules then obtaining, of
the American Arbitration Association, and judgment upon the
award rendered may by entered in any court having jurisdiction
of the controversy or claim. As an express condition precedent
to any legal or equitable action or proceeding in the event of
disputes or controversies as to the amount of loss or damage
arising out of this Contract, such disputes or controversies
shall first be submitted to the arbitration of two persons,
one chosen by each Party, who shall jointly select a third
person. Provided, however, that nothing contained herein shall
preclude either Party from filing any complaint or other
request for action or relief with the FCC or the appropriate
state commission, including any appeals thereof. The Party
which does not prevail shall pay all reasonable costs of the
arbitration or other formal complaint proceeding, including
reasonable attorney's fees and other legal expenses of the
prevailing Party.
B. Nothing herein shall preclude Carrier from seeking state
commission arbitration, pursuant to sections 251-53 of the
Telecommunications Act, of issues upon which the Parties
hereto were unable to reach agreement during the negotiations
hereof. The Parties acknowledge, for example, that they were
unable to reach agreement
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on the availability, rates and terms of local sub-loop
unbundling, local loop multiplexing, switch port charges,
access to databases, etc., and that such issues will be
submitted for resolution by the state commissions through
arbitration. BellSouth hereby waives any right to contest
Carrier's ability to seek state commission and/or FCC review
of such unresolved issues.
XXVI. WAIVERS
Any failure by either Party to insist upon the strict performance
by the other Party of any of the provisions of this Agreement
shall not be deemed a waiver of any of the provisions of this
Agreement, and each Party, notwithstanding such failure, shall
have the right thereafter to insist upon the specific performance
of any and all of the provisions of this Agreement.
XXVII. GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Georgia.
XXVIII. ARM'S LENGTH NEGOTIATIONS
This Agreement was executed after arm's length negotiations
between the undersigned Parties and reflects the conclusion of the
undersigned that this Agreement is in the best interests of all
Parties.
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XXIX. NOTICES
Any notices required by or concerning this Agreement shall be
sent to the Parties at the addresses shown below:
Cybernet Group Account Manager
Attn: Xxxxx Xxxxxxxx BellSouth Telecommunications, Inc.
X.X. Xxx 000 Xxxxx X0X0
Xxxx Xxxxx, XX 00000 0000 Xxxxxxxxx Xxxxxxx
Xxxxxxxxxx, Xxxxxxx 00000
Each Party shall inform the other of any changes in the above addresses.
XXX. ENTIRE AGREEMENT
This Agreement and its Attachments, incorporated herein by this
reference, sets forth the entire understanding and supersedes prior agreements
between the Parties relating to the subject matter contained herein and merges
all prior discussions between them, and neither Party shall be bound by any
definition, condition, provision, representation, warranty, covenant or promise
other than as expressly stated in this Agreement or as is contemporaneously or
subsequently set forth in writing and executed by a duly authorized officer or
representative of the Party to be bound thereby.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
/s/ Xxxxxx Xxxxxxxx /s/ Xxxxx Xxxxxxx
----------------------------------- --------------------------------------
CYBERNET GROUP BELLSOUTH
TELECOMMUNICATIONS, INC.
By: Xxxxxx Xxxxxxxx By: Xxxxx Xxxxxxx
Title: CFO Title: Director
Date: 5-1-97 Date:
Address: X.X. Xxx 000 Address: 000 X. Xxxxxxxxx Xxxxxx, X.X.
Xxxx Xxxxx, XX 00000 Xxxxxxx, Xxxxxxx 00000
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ATTACHMENT A
CYBERNET GROUP ENTITIES COVERED BY AGREEMENT
CYBERNET HOLDING, INC., A DELAWARE CORPORATION
AMERICAN CABLE, INC., A DELAWARE CORPORATION
MONTGOMERY CABLEVISION & ENTERTAINMENT, INC., AN ALABAMA CORPORATION
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ATTACHMENT B
DEFINITIONS
1. "ACCESS SERVICE REQUEST" or "ASR" means an industry standard form
used by the Parties to add, establish, change or disconnect trunks for the
purposes of interconnection.
2. "ADVANCED INTELLIGENT NETWORK" or "AIN" means a network switching
and architecture concept that centralizes intelligence in databases and
application processors internal to the network rather than in central office
switching systems. AIN enables the network to complete interactions (or actions)
regarding routing, signaling and information quickly and accurately. The AIN
concept permits intelligent database systems and application processors to be
either centralized or distributed throughout one network.
3. "ADVANCED INTELLIGENT NETWORK FEATURES" OR "AIN/IN FEATURES" refers
to the replacement or enhancement of electronic switching and electronic network
hardware and software functions via the use of distributed network based
processors and Common Channel Interoffice Signaling (CCIS/SS7). For example,
SCPs and STCs are part of the advanced intelligent network. AIN also features a
"service creation environment" which permits the end user or reseller to create,
and modify, in near real time, their own network routing instructions for calls
to their facilities, creating, in effect a user customizable virtual network.
4. "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 equivalent thereof) or more than 10 percent.
5. "AMERICAN NATIONAL STANDARDS INSTITUTE" or "ANSI" is a private,
non-profit organization representing more than 1,300 corporations, 30 government
agencies, 20 institutions and 250 trade, labor, consumer, technical and
professional organizations which sets voluntary standards for the United States
(U.S.). ANSI has established an Information Infrastructure Standards Panel. ANSI
is appointed by the U.S. State Department as a representative of the U.S. to the
ITU's International Standards Organization.
6. "AUTOMATED REPORT MANAGEMENT INFORMATION SYSTEM" OR "ARMIS" means
the most current ARMIS 4308 report issued by the FCC.
7. "AUTOMATIC NUMBER IDENTIFICATION" or "ANI" is a telecommunications
carrier signaling parameter that identifies, through industry standard network
interfaces and formats (either
65
SS7/CCIS (preferred), or in band signaling (predecessor technology), the billing
number of the calling party. This functionality is also known and referred to as
"Calling Party Number" or "CPN." This term is not to be limited by "Called Party
Identification" service, another product that is frequently required by call
centers.
8. "XXXX COMMUNICATIONS RESEARCH" or "BELLCORE" means an organization
owned jointly by the RBOC that conducts research and development projects for
them.
9. "BUSY LINE VERIFICATION/BLVI TRAFFIC" or "BLV/BLVI CALL" refers to
an operator call in which the end user inquires as to the busy status of, or
requests an interruption of, a call on an Exchange Service.
10. "CALLING PARTY NUMBER" OR "CPN" means a common channel signaling
parameter which refers to the number transmitted through the network identifying
the calling party.
11. "CARRIER IDENTIFICATION CODE" OR "CIC" means a three or four digit
number assigned to an IXC that identifies that carrier's traffic.
12. "CENTRAL OFFICE SWITCH," "CENTRAL OFFICE" OR "CO" refers to either
a means a Switching entity or the physical location (site) which houses a
traditional central office switch and its peripherals within the public switched
telecommunications network, including but not limited to:
a. "END OFFICE SWITCHES" which are Class 5 switches from which End User
Telecommunications Services are directly connected and offered.
b. "TANDEM OFFICE SWITCHES" which are Class 4 switches which are used
to connect and switch trunk circuits between and among Central Office Switches.
c. "REMOTE SWITCHING MODULE" or "RSM" refers to a Central Office
architecture element that permits the Central Office switch the ability to
extend either line or trunk side interfaces, with all typical service features
and functions to a cabinet which is physically remote from the home CO site, and
where stand alone capability may or may not be implemented. RSMs are sometimes
also referred to as "switches" in the BellSouth infrastructure inventory
discussions and to that extent may be used as interchangeable terms.
d. "CENTRAL OFFICE SWITCHES" may be employed as combination End Office
and Tandem Office Switches (combination Class 5/Class 4).
13. "CENTRAL OFFICE EQUIPMENT" refers to the traditional Central Office
Switch itself and all of the peripheral electronics (network elements) that
supply network-based processing functions
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other than "transport." Network elements which provide "Transport" are generally
referred to as "Outside Plant" equipment or electronics.
14. "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" OR "CMDS" means the
billing record and cleaning house transport systems that incumbent LECs use to
exchange out-collects, in-collects and Carrier Access Billing System ("CABS")
records.
15. "CLASS FEATURES" refers to features and functions (products) which
become available on the "line side" of the Central Office through the use of
common channel signaling system seven (CCIS/SS7.) CLASS features include, but
are not necessarily limited to: Automatic Call Back, Call Trace, Caller ID and
Related Blocking Features, Distinctive Ringing/Call Waiting, Selective Call
Forward, and Selective Call Rejection. See also: "Software-based network
elements and services."
16. "COMMISSION" means the appropriate regulatory agency in each of
BellSouth's nine state regions, Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, and Tennessee.
17. "COMMON CHANNEL (INTEROFFICE) SIGNALING" or "CCIS" means a method
of digitally transmitting call set-up and network control data over separate
physical or virtual connections from those which normally carry the actual call
user connections. This technology supersedes "in-band" signaling. The current
industry standard for common carrier network signaling is called Signaling
System 7.
18. "CROSS CONNECT" refers to the equipment physical or logical "meet
point" between network elements.
a. For example, within a wire center, it is a connection between line
termination blocks on the two sides of a distribution frame or between
individual line terminations on the same side of the frame. Cross connections
are made to route traffic from one group of lines to another specific group of
lines on the distribution frame, or to route traffic from one individual line to
another specific line on the distribution frame.
b. A piece of manual, electromechanical or electronic apparatus
designed to make and rearrange the cross connections among the lines that
terminate on a distribution frame. Cross-connect devices are employed where
rearrangement of transmission circuits occur infrequently.
19. "CUSTOMER LOCAL AREA SIGNALING SERVICES" OR "CLASS" means features
available to end users based on availability of CCIS, including, without
limitation, Automatic Callback, Call Trace, Caller ID and related blocking,
Distinctive Ringing, Call Waiting, Selective Call Forward and Selective Call
Rejection.
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20. "DID" or "DIRECT INWARD DIALING" is a feature which allows callers
on the public switched network to directly dial a specific PBX or Centrex
extension telephone.
21. "DIRECTORY NUMBER CALL FORWARDING" or "DNCF" is one form of Interim
Number Portability ("ISPNP") which is provided through call routing and call
forwarding capabilities. DNCF will forward calls dialed to an original telephone
number to a new telephone number on a multi-path basis. DNCF is not limited to
listed directory numbers.
22. "DIGITAL LOOP CARRIER" or "DLC" is as defined in BellCore
TR-TSY-000008, "Digital Interface Between the SLC-96 Digital Loop Carrier System
and Local Digital Switch" and TR-TSY-00303, "Integrated Digital Loop Carrier
(IDLC) Requirements, Objectives and Interface."
23. "DIGITAL SERVICE - LEVEL 0" or "DS-0" means a signal rate of 64
kilobits per second.
24. "DIGITAL SERVICE - LEVEL 1" or "DS-1" is an industry standard
telecommunications transport channel which can support a digital signaling rate
of 1.544 Mbps (Mega Bits Per Second) at industry standard performance levels.
Unless identified and priced as "fractional," this channel is assumed to be
fully available.
25. "DIGITAL SERVICE - LEVEL 3" or "DS-3" is an industry standard
telecommunications transport channel which can support a digital signal rate of
44.736 Mbps (Mega Bits Per Second) at industry standard performance levels.
Unless identified and priced as "fractional," this channel is assumed to be
fully available.
26. "DSX" or "DIGITAL AND ACCESS CROSS-CONNECT SYSTEM ("DACS") is a
cross-connection product (including a mounting bay/panel) used for termination
of equipment and facilities operating at digital rates.
27. "ELECTRONIC DATA INTERCHANGE," "ELECTRONIC FILE TRANSFER" or "EFT"
is a process which utilizes an electronic format and protocol to send/receive
digital data business documents between different companies' computers over
phone lines. There are several generally accepted industry standards for EFT,
pending acceptance of a single common standard.
28. "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.
29. "EXCHANGE MESSAGE RECORD" or "EMR" is a term used to refer to the
current standard used for exchange of telecommunications message information
among Local Exchange Carriers for billable, non-billable, sample, settlement and
study data. EMR format is currently contained
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in BR-010-200-010 XXXX Exchange Message Record, a Bellcore document which has
traditionally defined Xxxx standards for exchange message records.
30. "EXCHANGE SERVICE" is a traditional marketing term used to refer to
a service offered to end users which provides the end user with a telephonic
connection to, and a unique local telephone number address on, the public
switched telecommunications network, and which enables such end user to
generally place1 calls to, or receive calls from, other stations on the public
switch telecommunications network. Exchange Services include, but are not
limited to, basic residence and business line service, PBX trunk line service,
pay telephone stations, pay phone line service, Centrex and Centrex-like line
services, AIN, and ISDN line/trunk services. Exchange Service does not
traditionally include Private Line, Toll, Switched and Special Access (digital
channel) services, which have traditionally been separately billed and
regulated, although today these services are frequently formed from and bundled
within common transport and network elements.
31. "FEATURE GROUP A" or "FGA" means FGA interexchange access as
defined in BellSouth's FCC Tariff No. 1.
32. "FEATURE GROUP B" OR "FGB" means FGB interexchange access as
defined in BellSouth's FCC Tariff No. 1.
33. "FEATURE GROUP D" or "FGD" means FGD interexchange access as
defined in BellSouth's FCC Tariff No. 1.
34. "INTERCONNECTION" means the connection between network elements
that enable the formation of network systems. The objective of interconnection
is to provide transport and transparent interoperation among separate pieces of
equipment, transmission facilities, etc., within, between or among networks. The
architecture of interconnection may include several industry standard, or
regulatory structured methods including, but not limited to, collocation
arrangements ("physical" and "virtual" collocation) arrangements via industry
standard interface arrangements.
35. "INTERCONNECTION POINT," "POINT OF INTERCONNECTION" or "POI"
includes all points where Carrier is entitled to interconnect with BellSouth
under the terms of this Agreement, including, without limitation, points on the
line side and trunk side of each Network Element.
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36. "INTERFACE" refers to the physical and logical point or points on a
given network element where transmission, operations, administration,
maintenance, provisioning and management connections are made. Specifically, the
Interface includes (1) a common boundary between two or more items of equipment,
(2) a physical point of demarcation between two devices where all the signals
which pass are defined; the definition includes the type, quality and function
of the interconnection circuits, as well as the type and form of signals
interchanges by those circuits, and (3) the procedure, codes and protocols
enabling dissimilar devices to communicate. The original equipment manufacturer
of the network element generally incorporates one or more standard (or in some
cases, proprietary) interfaces to each network element that allows the element
to "plug into" and become part of the overall integrated telecommunications
system. The same interfaces are used by both the incumbent and the competitive
LECs. The technical specifications of the element's interface(s) are specified
by manufacturer prior to sale. Compliance to industry standards organizations
interface specifications, and the modular ability to retrofit subsequent
industry standard specifications is required by the buyer of any given network
element.
37. "INTEREXCHANGE CARRIER" or "IXC" traditionally means a provider of
stand-alone interexchange telecommunications services. Under the new Act, the
term IXC may be interpreted to embrace any competitive intermediary
telecommunications carrier providing switched (and/or private line) services
between switching entities operated by local exchange service providers
(BOC-LEC, Independent-LEC, Competitive-LEC, Wireless-LEC). IXC connectivity is
typically an access services arrangement. The use of this term does not preclude
the provider from also offering bundled telecommunications services.
38. "INTEGRATED SERVICES DIGITAL NETWORK" or "ISDN" refers to a
switched network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice, data, video or multimedia services. Basic
Rate Interface-ISDN (BRI-ISDN) provides for digital transmission of two 64 Kbps
bearer channels and one 16 Kbps data channel (2B + D). Primary Rate
Interface-ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23)
64 Kbps bearer channels and one (1) 16 Kbps data channel (23B + D). Unless
identified and priced as "fractional" both BRI and PRI ISDN circuits are assumed
to be fully available.
39. "INTERIM NUMBER PORTABILITY" or "INP" refers to the temporary means
by which BellSouth allows customers to retain their existing telephone numbers
when changing from one local exchange carrier to another. This service provides
transparent delivery of Telephone Number Portability ("TNP") capabilities, from
a customer standpoint in terms of call completion, and from a carrier standpoint
in terms of compensation, through the use of call routing, forwarding, and
addressing capabilities. The interim nature of these arrangements result from
the fact that their performance and cost cannot meet or sustain end-user
customer or co-carrier expectations. Standards for permanent number portability
will be set by regulatory stricture, and both Parties agree to implementation of
permanent number portability at the earliest possible point in time.
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40. "INTERLATA SERVICE" means telecommunications between a point
located in one LATA and a point located outside such area.
41. "INTERMEDIARY FUNCTION" means the delivery of local traffic from a
local exchange carrier other than BellSouth; an ALEC other than Carrier; another
telecommunications company such as a wireless telecommunications provider
through the network of BellSouth or Carrier to an end user of BellSouth or
Carrier.
42. "INTRALATA SERVICE" means telecommunications between a point
located in one LATA and a point located in the same LATA.
43. "INTERNATIONAL TELECOMMUNICATIONS UNION" or "ITU" IS a United
Nations organization which comprises the organization previously known as the
CCITT. Open Standards Interconnection (OSI) standards are established by the
ITU. Telecommunications Management Network (TMN) standards are a subset of the
OSI model. The American National Standards Institute (ANSI) is appointed by the
State Department as a U.S. representative to the ITU's ISO.
44. "LINE SIDE" refers to local loop interface ports of an end office
switch that are programmed to treat the circuit as a local line connected to an
ordinary telephone station set.
45. "LINK" OR "LOOP" are synonyms for a communications channel or
circuit on the line side or the trunk side of the common carrier switching
element. This term has been used as a marketing term to refer to an element of
"Exchange Service" whereby BellSouth provides transport between the Minimum
Point of Entry (MPOE) at an end user premise and the BellSouth wire center from
which the transport is extended. The communications channel, circuit or group of
channels or circuits which are segmented from a transmission medium that extends
from BellSouth's Central office or wire center's Main Distribution Frame,
DSX-panel, or functionally comparable piece of equipment, to a demarcation point
or connector block in/at a customer's premises. "Links" are communications
channels or circuits, which may be provided as 2-wire or 4-wire copper pairs, as
radio frequencies or as a channel on a high-capacity feeder/distribution
facility so long as all industry standard interface, performance, price,
privacy, reliability and other operational characteristics are functionally
transparent and are equal to or better than that of dedicated copper pairs.
Examples of communications channels or circuits that are "links" or "loops"
include, but are not limited to:
46. "BASIC VOICE GRADE LINE/LINK/CIRCUIT" is a basic voice grade line
which is a two wire circuit or equivalent voice frequency channel for the
transmission of analog signals with an approximate bandwidth of 300 to 3000 Hz
(3 Khz analog or 56 Kbps digital (POTS grade, capable of transmitting voice or
analog data transmissions up to 28.8 BPS with current generation modems). In
addition, Basic Links must meet all RELRA and USE requirements for "basic
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telephone service" imposed by State and Federal regulatory authorities. Digital
signaling, transmission performance and reliability characteristics for basic
"link" circuits are a matter of industry standard, having an expected measured
loss or gain of approximately +/-6dB, and a signal to noise ratio that does not
exceed (fill-in) capable of supporting fully functional connections for up to 2
miles from the nearest electronic network element. Within the 300 to 3000 Hz
range, "Basic Links" will support all standard signaling arrangements including
repeat loop start, loop 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 end user).
a. "ISDN LINK/LOOP/CIRCUIT" is an ISDN link which provides a 2-wire
ISDN digital circuit connection that will support digital transmission of two 64
Kbps clear channels and one 16 Kbps data channel (2B+D), suitable for provision
of BRI-ISDN service. ISDN links shall be provisioned by least cost planning
methodologies sufficient to insure industry standard interface, performance,
price, reliability and operational characteristics are functionally transparent
and are equal to or better than dedicated copper pairs. All things being equal,
"Broadband ISDN" is preferred to CO-based ISDN circuits. Unless specifically
identified and priced as "fractional" these circuits are assumed to be fully
available.
b. "4 WIRE DS-1 DIGITAL GRADE LINKS" will support full duplex
transmission of isochronous serial data at 1.544 Mbps, and provide the
equivalent of 24 voice grade channels. Unless specifically identified and priced
as "fractional" these circuits are assumed to be fully available.
47. "LOCAL EXCHANGE CARRIER" OR "LEC" means any carrier that provides
local common carrier telecommunications services to business and/or residential
subscribers within a given LATA and interconnects to other carriers for the
provision of alternative telecommunications products or services, including, but
not limited to toll, special access, and private line services. This includes
the Parties to this Agreement. The term "Incumbent-LEC" or "I-LEC" is sometimes
used to refer to the dominant LEC for a particular locality (such as BellSouth).
Such Incumbent-LECs include both Xxxx Operating Companies ("BOCs") and non-BOC
LECs, which are often referred to as "Independent-LECs." By contrast, new
entrants into the local exchange market are sometimes referred to as
"Competitive LECs" or "CLECs," or sometimes as "Alternative LECs" or "ALECs."
48. "LOCAL EXCHANGE ROUTING GUIDE" or "LERG" means a BellCore Reference
customarily used to identify NPA-NXX routing and homing information, as well as
network element and equipment designations.
49. "LOCAL TRAFFIC" means any telephone call that originates in one
exchange or LATA and terminates in either the same exchange or LATA, or a
corresponding Extended Area Service
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("EAS") exchange. The terms Exchange, and EAS exchanges are defined and
specified in Section A3. of BellSouth's General Subscriber Service Tariff.
50. "LOCAL INTERCONNECTION" means (1) the delivery of local traffic to
be terminated on each Party's local network so that end users of either Party
have the ability to reach end users of the other Party without the use of any
access code or substantial delay in the processing of the call; (2) the LEC
unbundled network features, functions, and capabilities set forth in this
Agreement; and 3) Service Provider Number Portability sometimes referred to as
temporary telephone number portability to be implemented pursuant to the terms
of this Agreement.
51. "LOCAL INTERCONNECTION TRUNKS/TRUNK GROUPS" means equipment and
facilities that provide for the termination of Local Traffic and intraLATA
traffic.
52. "LOCAL ACCESS AND TRANSPORT AREA" or "LATA" means one of 161
contiguous geographic areas established pursuant to the AT&T Content Decree to
define the permitted operating regions of the RBOCs prior to the enactment of
the Telecommunications Act of 1996.
53. "LONG RUN INCREMENTAL COST" or "LRIC" refers to the costs a company
would incur (or save) if it increases (or decreases) the level of production of
an existing service or group of services. These costs consist of the costs
associated with adjusting future production capacity and reflect forward-looking
technology and operations methods.
54. "MECAB" refers to the Multiple Exchange Carrier Access Billing
(MECAB) document prepared by the Billing Committee of the Ordering and Billing
Forum (OBF), which functions under the auspices of the Carrier Liaison Committee
of the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB
document published by Bellcore as Special Report SR-BDS-000983, contains the
recommended guidelines for the billing of an access service provided by two or
more LECS (including a LEC and a C-LEC), or by one LEC in two or more states
within a single LATA.
55. "MECOD" refers to the Multiple Exchange Carriers Ordering and
Design (MECOD) Guidelines for Access Services -- Industry Support Interface, a
document developed by the Ordering/Provisioning Committee under the auspices of
the Ordering and Billing Forum (OBF), which functions under the auspices of the
Carrier Liaison Committee of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECOD document, published by Bellcore as Special Report,
SR STS 002643, establishes methods for processing orders for access service
which is to be provided by two or more LECs.
56. "MEET-POINT BILLING" or "MPB" refers to a mutual compensation
arrangement whereby two LECs provide the transport element of a switched access
service to one of the LEC's end office switches, with each LEC receiving an
appropriate share of the transport element revenues
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as defined by law, regulatory requirements, this agreement or, where
permissible, effective access tariffs. MPB concepts are also incorporated in
some LEC-toll (intraLATA) mutual compensation arrangements.
57. "MULTIPLE XXXX/MULTIPLE TARIFF METHOD" means the meet-point billing
method where each LEC (or C-LEC) prepares and renders its own meet point xxxx to
the IXC in accordance with its own tariff for that portion of the jointly
provided switched Access Service which the LEC (or C-LEC) provides. Bellcore's
MECAB document refers to this method as "Multiple Xxxx/Single Tariff. "
58. "MUTUAL TRAFFIC EXCHANGE" means that the sole compensation to a
Party for termination of specified categories of traffic shall be the reciprocal
services provided by the other Party. Each Party shall xxxx its own customers
for such categories of traffic and retain all revenues resulting therefrom.
59. "NORTH AMERICAN NUMBERING PLAN" OR "NANP" is the system of
telephone numbering employed in the United States, Canada, and certain Caribbean
countries.
60. "NETWORK ELEMENT" means any facility or equipment used by BellSouth
in the provision of Exchange Services, and all features, functions and
capabilities that are provided by means of such facility or equipment, including
numbering systems, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing or other provision
of a telecommunications service.
61. "NETWORK MANAGEMENT FORUM" is a consortium of 160 U.S. and
international carriers and global alliances, including SITA, Unisource and
others. Their objective is to determine specific interoperability needs, so that
manufacturers of network management equipment will have the detailed technical
specification needed to develop interoperable standards. For the purposes of
this Agreement, both Parties agree to accept the NMF standards and solutions for
OAM&P interconnections.
62. "NUMBERING PLAN AREA" or "NPA" is also sometimes referred to as an
area code. This is the three digit indicator which is defined by the "X," "X,"
and "C" digits of each "digit" telephone number within the North American
Numbering Plan ("NANP"). Each NPA contains 800 Possible NXX Codes. At present,
there are two general categories of NPA, "Geographic NPAs" and "Non-Geographic
NPAS." A "Geographic NPA" is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within
that Geographic area. In some locations, and ultimately with number portability,
more than one area code will be associated with many geographic areas. A
"Non-Geographic NPA," also known as a "Service Access Code" (SAC Code) is
typically associated with a
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specialized telecommunications service which may be provided across multiple
geographic NPA areas; 500, 800, 900, 700, and 888 are examples of Non-Geographic
NPAS.
63. "NXX," "NXX CODE," "CENTRAL OFFICE CODE" or "CO CODE" is defined by
the "D," "E," and "F" digits of a 10-digit telephone number within the North
American Numbering Plan. Each NXX Code contains 10,000 station numbers.
Historically, entire NXX code blocks have been assigned to specific individual
local exchange end office switches, because, in general, this approach did not
conflict with geographic numbering except as the CO approached number
exhaustion. Where there are multiple COs in the same geographic area, this
assignment method must change. With the advent of end-user telephone number
portability, the usual one-on-one association on an NXX with an end office
switching entity will be severed.
64. "OAM&P" or "OPERATIONS, ADMINISTRATION, MAINTENANCE AND
PROVISIONING FUNCTIONS" are those automated and manual functions which insure
quality of service and least cost planning, management and operations for
telecommunications service providers. These functions, have traditionally been
addressed through the user of operations support, decision support and
administrative support systems, and are now generally in the process of being
integrated under client-server and mainframe network management platforms such
as HP's OpenView, IBM's NetView and SUN's various network management product
sets.
65. "OZZ CODES" define FGD call paths through a LEC's access Tandem
Office Switch.
66. "PERCENT OF INTERSTATE USAGE" or "PIU" means a factor to be applied
to terminating access services minutes of use to obtain those minutes that
should be rated as interstate access services minutes of use. The numerator
includes all interstate "nonintermediary" minutes of use, including interstate
minutes of use that are forwarded due to service provider number portability
less any interstate minutes of use for Terminating Party Pays services, such as
800 Services. The denominator includes all "nonintermediary", local, interstate,
intrastate, toll and access minutes of use adjusted for service provider number
portability less all minutes attributable to terminating party pays services.
67. "PERCENT LOCAL USAGE" or "PLU" means a factor to be applied to
intrastate terminating minutes of use. The numerator shall include all
"nonintermediary" local minutes of use adjusted for those minutes of use that
only apply local due to Service Provider Number Portability. The denominator is
the total intrastate minutes of use including local, intrastate toll, and
access, adjusted for Service Provider Number Portability less intrastate
terminating party pays minutes of use.
68. "PERMANENT NUMBER PORTABILITY" means the use of a database solution
to provide fully transparent TNP for all customers and all providers without
limitation.
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69. "PORT" AND "SLOT" are terms used to describe physical interfaces
and traffic carriage capacity of some network elements. One "port" is needed for
each connection capable of carrying one message into or out of the network
element to other network elements. One "slot" is needed within each network
element for each message to be handled simultaneously with other messages. Port
categories include, but are not limited to:
a. "2-WIRE ANALOG LINE PORT" is a line side switch connection employed
to provide basic residential and business type analog telephone services.
b. "2-WIRE ISDN DIGITAL LINE PORT" is a set of Basic Rate Interface
(BRI) line side switch connections which actually consists of multiple paths or
interfaces to the switching network (2B+D). It is employed to provide
residential and business type digital telephone services. The port connections
may or may not be the same Central Office switch (network element) that provides
analog services. When ISDN is provisioned as "broadband" ISDN through current
generation digital switches the cost causation is totally different than when
the digital service is provisioned as a set of CO port attachments.
c. "2-WIRE ANALOG DID TRUNK PORT" is a direct inward dialing (DID)
trunk side switch connection employed to provide incoming trunk-side services.
Each port provisioned permits one simultaneous connection to the customer
premises equipment.
d. "4-WIRE DS-1 DIGITAL DID TRUNK PORT" is a direct inward dialing
(DID) trunk side switch connection which is time division multiplexed to provide
the equivalent of 24 analog incoming trunk type DID trunk ports.
e. "4-WIRE DS-1 DIGITAL CBWT TRUNK PORT" is a trunk side switch
connection which is time division multiplexed to provide the equivalent of 24
analog incoming trunk ports which may be programmed as DID, CBWT, TIE, or
dedicated private trunk circuits.
f. "4-WIRE ISDN DIGITAL DS-1 TRUNK PORT" is a Primary Rate Interface
(PRI) trunk side switch connection which is time division multiplexed to provide
the equivalent of 23 digital one or two-way trunk ports and one signaling trunk
port (23B +D), where the B channels can be programmed as digital DID, CBWT, TIE,
Private Line or Special Access trunk circuits. The port connections may or may
not be the same Central Office switch (network element) that provides analog
services.
70. "RATE CENTER" currently refers to a specific geographic point,
designated by latitude and longitude, a corresponding V and H coordinate pair,
and an associated geographic area which has heretofore been defined by the
incumbent LEC industry to be associated with switched message telecommunications
services (MTS). Rate centers, sometimes also known as exchange areas, often
determine the regions within which particular classes, features, and pricing for
exchange
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services are uniformly administered. Each NPA-NXX code combination is associated
with a single rate center, although any one such code may only service a
fraction of the rate center area when the rate center areas circumscribes
multiple serving wire centers. Where retail MTS services contain a distance
sensitive rate element, the valuation of that element utilizes the calculated
distance between the V and H coordinate pairs of the originating and terminating
rate centers.
71. "RATING POINT" means the vertical and horizontal coordinates
associated with a particular telephone number for rating purposes.
72. "ROUTING POINT" traditionally refers to a location which a LEC or
CLEC has designated on its own network as the homing (routing) point for traffic
inbound to Telecommunications Services provided by the LEC or CLEC which bear a
certain NPA-NXX designation. The Routing Point is employed to calculate mileage
measurements for the distance-sensitive transport element charges of Switched
Access Services. At present, Bellcore Practice BR 000-000-000, places the
Routing Point at either an "End Office" location, or a "LEC Consortium Point of
Interconnection." According to that same Bellcore Practice, examples of the
latter shall be designated by a common language location identifier (CLLI) code
with (x)KD in positions 9, 10, 11, where (x) may be any alphanumeric A-Z or 0-9.
Nothing in this Agreement shall be construed to preclude either Party hereto
from establishing its own Routing Points.
73. "SERVICE CONTROL POINT" or "SCP" is network element of the common
channel signaling network to which informational requests for service handling,
such as routing, are directed and processed. The SCP is a real-time processor
with a database system that, based on a query from a Service Switching Point
("SP"), performs software-based common carrier, subscriber or
application-specific service logic, and then sends instructions back to the SSP
on how to continue call processing.
74. "SIGNAL TRANSFER POINT" or "STP" is a network element (presently a
packet switch) that routes signaling messages among Service Switching Points
(SSPs), Service Control Points (SCPs), Signaling Points (SPs) and other network
elements in order to set up calls and to query databases for digital
telecommunications services using CCIS/SS7 and software-based common carrier
telecommunications services.
75. "SOFTWARE-BASED NETWORK ELEMENTS AND SERVICES" refers to those
features, functions and services which are inherent capabilities of the current
Central Office Equipment (e.g., the #5ESS 5E8 or 5E9 software program, or an
end-office or CO-based peripheral processor), and can be activated with
relatively minor cost such as local programming or right to use fees. Examples
of such services include CENTREX, electronic station equipment functions.
ATTACHMENT B
Page 13
77
76. "SUBSCRIBER TRAFFIC" or "SUBSCRIBER CALL(S)" refers to calls
between two or more telecommunications service users, where both
telecommunications services users bear NPA-NXX designations associated with the
same LATA or other authorized area (e.g., Extended Area Service Zones in
adjacent LATAs). The traditional definition of Subscriber Traffic includes the
traffic types have included as "local calling," "extended area service (EAS),"
and "intraLATA toll."
77. "SWITCHED ACCESS DETAIL USAGE DATA" shall mean a category 1101XX
record as defined in the EMR Bellcore Practice BR 000-000-000.
78. "SWITCHED ACCESS SUMMARY USAGE DATA" shall mean a category 1150XX
record as defined in the EMR Bellcore Practice BR 000-000-000.
79. "SWITCHED ACCESS SERVICE" means the offering of facilities for the
purpose of the origination or termination of traffic to or from
telecommunications services offered in a given area. Switched Access Services
include: Feature Group A, Feature Group B, Feature Group D, 800 access, and 900
access.
80. "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" is a set of optical
interface standards that allow optical transmission at rates from 51.4 Mbps to
13.22 Gbps. Synchronous optical network standard is an ultra-high-speed,
fiber-optic transmission standard developed by Bellcore for largescale,
fiber-based digital transmission networks that use equipment form many different
manufacturers. It is the first telecom industry agreement on standardized
interfaces between fiber optic transmission systems and is well on the way to
becoming an international standard. Because all SONET-compatible devices speak a
common language, network administrators will gain network-wide use of advanced
operation and maintenance systems, regardless of who made individual network
components. The SONET standard is built around a 51.84 Mbps basic communications
channel that is multiplexed upward. SONET line-rate standards now include
network bandwidths up to 2.488 Gbps, a rate equivalent to 48 basic SONET
communications channels. SONET network standards incorporate present-day 1.544
Mbps DS-1 service and 44.6 Mbps DS-3 service as subsets of the 51.84 Mbps SONET
basic channel. SONET will eventually become the primary avenue for transporting
broadband ISDN services. Major network equipment manufacturers are introducing
network products claiming conformity to the SONET standard.
81. "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 or received.
ATTACHMENT B
Page 14
78
82. "TELECOMMUNICATIONS ACT OF 1996" or "ACT" means Public Law 104-104
of the United States Congress effective February 8, 1996. The Act amended the
Communications Act of 1934 (47, U.S.C. Section 1 et seq.).
83. "TELECOMMUNICATIONS CARRIER" means any provider of
telecommunications services.
84. "TELECOMMUNICATIONS SERVICE" means the offering of
telecommunications for a fee directly to the public, to such classes of users as
to be effectively available to the public, or to telecommunications carriers,
regardless of the facilities used.
85. "TELEPHONE NUMBER PORTABILITY" or "TNP" is the means by which
BellSouth allows customers to retain their existing telephone numbers when
changing from one local exchange carrier to another. This service provides
transparent delivery of telephone number capabilities, from a customer
standpoint in terms of call completion, and from a carrier standpoint in terms
of compensation, through the use of call routing, forwarding, and addressing
capabilities. Permanent number portability standards will be set by regulatory
action, and both Parties agree to implementation of permanent number portability
at the earliest possible point in time. The performance and cost of permanent
number portability meets end-user customer or co-carrier expectations on a
sustainable basis. (See also Interim Number Portability and Permanent Number
Portability.)
86. "TOTAL SERVICE LONG RUN INCREMENTAL COST" or "TSLRIC" is the total
additional cost incurred by a telecommunications services provider to produce
the entire quantity of a service, group of services, or basic network functions,
given that the telecommunications services provider already provides all its
other services. TSLRIC is based on the least cost, most efficient technology
that is capable of being implemented at the time the decision to provide the
service is made.
87. "TOLL FREE SERVICE" means service provided with any dialing
sequence that invokes toll-free (i.e., 800-like) service processing. Toll Free
Service includes calls to the Toll Free Service 800/888 NPA SAC codes.
88. "TRANSIT CALLS" OR "INTERMEDIARY FUNCTION" means intraLATA calls
(local and toll) sent between the Parties originating from or terminating to an
end user of a third-party LEC, CLEC, wireless provider, or other carrier or
calls sent between the Parties destined for or originating from an IXC.
ATTACHMENT B
Page 15
79
89. "TRUNK SIDE" refers to a central office connection that is capable
of, and has been programmed to treat the circuit as connecting to another
switching entity. Trunk side connections offer those transmission and signaling
features appropriate for the connection of switching elements, and cannot be
used for the direct connection of ordinary telephone station sets. Incoming
telecommunications services from the trunk to the line-side and for
trunk-side-to-trunk side connections within any switching element should
experience no less than a P.001 blocking probability in the average peak busy
hour of the year, and should meet or exceed this level at all other times. This
is a means to ensure that end-to-end blocking, which is cumulative, does not
exceed a consistent P.02 for all call types in a multi-carrier network.
90. "WIRE CENTER" denotes a building or space within a building which
serves as an aggregation point on a given carrier's network, where transmission
facilities and circuits are connected or switched. Wire Center can also denote a
building in which one or more central offices, used for the provision of
telecommunications services are located. The Parties hereby agree that
interconnection will be available at any wire center which meets any or all
legislative, judicial and regulatory eligibility standards for interconnection.
Interconnection services and access to these interconnections shall not
unreasonably by withheld by either Party on any grounds.
91. "UNDEFINED TERMS." The Parties acknowledge that terms may appear in
this Agreement which are not defined and agree that any such terms shall be
construed in accordance with their customary usage in the telecommunications
industry as of the effective date of this Agreement.
ATTACHMENT B
Page 16
80
ATTACHMENT C-1
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Virtual Collocation
Description: Virtual Expanded Interconnection Service (VEIS)
provides for location interconnection in
collocator-provided/BellSouth leased fiber optic
facilities to BellSouth's switched and special access
services, and local interconnection facilities.
State(s): All
Rates, Terms and
Conditions: In all states, the rates, terms and conditions will
be applied as set forth in Section 20 of BellSouth
Telecommunication's Inc.'s Interstate Access
Service Tariff, F.C.C. No. 1.
Service: Physical Collocation
Description: Per FCC -- (10/19/92 FCC Order, para 39)
Physical Collocation is whereby "the interconnection
party pays for LEC central office space in which to
locate the equipment necessary to terminate its
transmission links, and has physical access to the
LEC central office to install, maintain, and repair
this equipment."
State(s): All
Rates, Terms and
Conditions: To be negotiated.
81
ATTACHMENT C-2
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Unbundled Exchange Access Loop
Description: Provides the connection from the serving central
office to a subscriber's premises and is rated on a
distance sensitive basis. It is engineered to meet
the same parameters as a residence or business
exchange access line.
BellSouth shall allow Carrier to access the following
Loop types (in addition to those Loops available
under applicable tariffs) unbundled from local
switching and local transport in accordance with the
terms and conditions set forth herein:
"2-Wire Analog Voice Grade Loops" or "Analog 2W"
which support analog transmission of 300 2000 Hz,
repeat loop start, loop 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 Loops sufficient for the provision of PBX
trunks, pay telephone lines and electronic key system
lines. Both "pure coppers and "Unintegrated Digital
Loop Carriers" (ULDC) systems shall be made
available.
"4-Wire Analog Voice Grade Loops" or "Analog 4W"
which support transmission of voice grade signals
using separate transmit and receive paths and
terminate in a 4-wire electrical interface. Both
"pure coppers" and "Unintegrated Digital Loop
Carrier" (ULDC) systems shall be made available.
"2-Wire ISDN Digital Grade Links" or "BRI ISDN" which
support digital transmission of two 64 kbps bearer
channels and one 16 kbps data channel. BRIIDSN is a
2B+D Basic Rate Interface-Integrated Services Digital
Network (BRI-ISDN) Loop which will meet national ISDN
standards.
"2-Wire ADSL-Compatible Loop" 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 form the Customer) while
simultaneously carrying an analog voice signal. An
ADSL-2W is Provided over a 2-Wire non-loaded
82
ATTACHMENT C-2 (cont'd)
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 BellSouth Central Office frame.
"2-Wire HDSL-Compatible Loop" 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 TlE1 Committee Technical Report Number 28. HDSL
compatible Loops are available only where existing
copper facilities can meet TlE1 Technical Report
Number 28 specifications.
"4-Wire HDSL-compatible Loop" 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 TlE1 Committee Technical
Report Number 28. HDSL compatible Loops are available
only where existing copper facilities can meet the
specifications.
"Integrated Digital Loop Carrier" or "Integrated DLC"
is defined in BellCore TR-TSY-00303, "Integrated
Digital Loop Carrier (ILDC) Requirements, Objectives
and Interface."
Rate(s): The Parties hereby agree to submit the issue of rate
structure and rate levels to state commission
arbitration.
State(s): Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi,
North Carolina, South Carolina, Tennessee
Rate Elements Monthly Nonrecurring
Charges
Unbundled Exchange
Access Loop $X.XX $X.XX
Unbundled Exchange
Access IOC
- Fixed $X.XX $X.XX
-1-8 Miles $X.XX N/A
- 9-25 Miles $X.XX N/A
- Over 25 Miles $X.XX N/A
83
ATTACHMENT C-3
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Channelization System for Unbundled Exchange Access Loops
Description: This new rate element provides the multiplexing function for
Unbundled Exchange Access Loops. It can convert up to 96 voice
grade loops to DS1 level for connection with the Carrier's
point of interface. The multiplexing can be done on a
concentrated basis (delivers at 2 DS1 level to customer
premise) or on a nonconcentrated basis (delivers at 4 DSI
level to customer premise) at the option of the customer.
In addition to the following rates elements, 1.544 Mbps local
channel and/or interoffice channel facilities may be required
as set forth in E7 of BellSouth Telecommunication's Inc.'s
Intrastate Access Service Tariff for non-collocated Carriers.
Rates: THE PARTIES HEREBY AGREE TO SUBMIT THE ISSUE OF RATE STRUCTURE
AND RATE LEVELS TO STATE COMMISSION ARBITRATION.
State(s): Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi,
North Carolina, South Carolina, Tennessee
Monthly Nonrecurring Charges
Rate Elements First Add'l
Unbundled Loop
Channelization System
(DS1 to VG), Per System $X.XX $X.XX N/A
Central Office Channel
Interface (circuit specific
plug-in equipment), 1 per
circuit $X.XX $X.XX $X.XX
84
ATTACHMENT C-4
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
SERVICE: UNBUNDLED EXCHANGE PORTS
DESCRIPTION: AN EXCHANGE PORT IS THE CAPABILITY DERIVED FROM THE CENTRAL
OFFICE SWITCH HARDWARE AND SOFTWARE REQUIRED TO PERMIT END
USERS TO TRANSMIT OR RECEIVE INFORMATION OVER BELLSOUTH'S
PUBLIC SWITCHED NETWORK. IT PROVIDES SERVICE ENABLING AND
NETWORK FEATURES AND FUNCTIONALITY SUCH AS TRANSLATIONS, A
TELEPHONE NUMBER, SWITCHING, ANNOUNCEMENTS, SUPERVISION AND
TOUCH-TONE CAPABILITY.
IN ADDITION, A BELLSOUTH PROVIDED PORT WITH OUTGOING NETWORK
ACCESS ALSO PROVIDES ACCESS TO OTHER SERVICES SUCH AS OPERATOR
SERVICES, LONG DISTANCE SERVICE, ETC. IT MAY ALSO BE COMBINED
WITH OTHER SERVICES AVAILABLE IN BELLSOUTH'S INTRASTATE ACCESS
SERVICE TARIFFS AS TECHNICALLY FEASIBLE.
WHEN AN UNBUNDLED PORT IS CONNECTED TO BELLSOUTH PROVIDED
COLLOCATED LOOPS, CROSS-CONNECTION RATE ELEMENTS ARE REQUIRED
AS SET FORTH IN SECTION 20 OF BELLSOUTH TELECOMMUNICATIONS,
INC.'S INTERSTATE ACCESS TARIFF, FCC NO.1.
ALABAMA FLORIDA GEORGIA
--------------------------------------------------- ------------------------- -------------------------
RATE ELEMENTS RATE PER RATE ELEMENTS RATE RATE ELEMENTS RATE
----------------------------- ------ ---------- --------------- ------- ---------------- ------
Monthly (1) Monthly Monthly
Residence Port $ 2.50 Residence Port $ 2.00 Residence Port $2.28
Business Port $ 7.00 Business Port $ 4.50 Business Port $4.60
PBX Trunk Port (2,3,4) $ 7.00 PBX Trunk Port $ 7.50 PBX Trunk Port $7.37
Rotary Service $ 2.00 Rotary Service $ 2.00 Rotary Service $2.77
Primary Rate ISDN NAS (5,6) $20.00
USAGE-MILEAGE BANDS USAGE-(STS) USAGE-(STS)
A (0 miles) $ 0.02 Init. min. - init. min. $0.0275 -setup per call $0.02
$ 0.01 Add'l min. - add'l min. $0.0125 - per minute or
B (1-10 miles) $ 0.04 Init. min. fraction $0.02
thereof
$ 0.02 Add'l min.
C (11-16 miles) $ 0.06 Init. min.
$ 0.04 Add'l min.
D (17-22 miles & Existing LCA
described in A3.6 greater
than 22 mi.) $ 0.10 Init. min.
$ 0.07 Add'l min.
E (23-30 miles) $ 0.10 Init. min.
$ 0.10 Add'l min.
F (31-40 miles) $ 0.10 Init. min.
$ 0.10 Add'l min.
G (Special Band) (7) $ 0.10 Init. min.
$ 0.10 Add'l min.
NOTES:
(1) Nonrecurring Charges, as displayed in Table I on Page 3, and Usage
Charges, as displayed on this Page, apply in addition to monthly rates.
(2) Applies per outgoing, incoming or 2-way trunk port.
(3) DID requires rates and charges as indicated in Table II on Page 3 in
addition to the PBX Trunk Port rates. (4) IOD requires rates and
charges as indicated in Table III on Page 3 in addition to the PBX
Trunk Port rates.
(5) Applies per outgoing, incoming or 2-way voice grade equivalent.
(6) Primary rate ISDN requires a primary rate interface in addition to the
primary rate ISDN NASes. Additional charges also apply per Primary Rate
B-Channel, Call-by-Call Integrated Service Access Service Selection and
Incoming Call Identification. See Table IV on Page 3 for rates and
charges.
(7) In addition to the local calling described in A3 of BellSouth's General
Subscriber Service Tariff, if any wire center in an exchange is located
within 40 miles of any wire center in the originating exchange, local
calling will be provided from the entire originating exchange to the
entire terminating exchange. The usage charges for Band G are
applicable for distances greater than 40 miles.
-1-
85
ATTACHMENT C-4
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
SERVICE: UNBUNDLED EXCHANGE PORTS (CONT'D)
KENTUCKY LOUISIANA
------------------------------------------------------------ ----------------------------------------------------------------
RATE ELEMENTS RATE PER RATE ELEMENTS RATE PER
-------------------------------------- ------ ---------- ------------------------------------------ ------ ----------
Monthly Monthly
Residence Port $ 3.50 Residence Port $2.50
Business Port $10.00 Business Port $7.00
PBX Trunk Port $10.00 PBX Trunk Port $7.00
Rotary Service $ 3.50 Rotary Service $3.50
Usage-Mileage Bands Usage-Mileage Bands
A (0 miles) $ 0.04 Init. min. 0 (0 miles) $0.02 Init. Min.
$ 0.02 Add'l min. $0.01 Add'l min.
B (1-10 miles) $ 0.04 Init. min. A (1-10 miles) $0.04 Init. Min.
$ 0.02 Add'l min. $0.02 Add'l min.
C (Greater than 10 miles Limited LCA) $ 0.06 Init. min. B (11-16 miles) $0.06 Init. Min.
$ 0.04 Add'l min. $0.04 Add'l min.
D (1-10 miles beyond Limited LCA) $ 0.04 Init. min. C (17-22 miles) $0.10 Init. Min.
$ 0.02 Add'l min. $0.07 Add'l min.
E (11-16 miles beyond Limited LCA)) $ 0.06 Init. min. D (23-30 miles Basic LCA and Intra $0.14 Init. Min.
$ 0.04 Add'l min. Parish Expanded LCA) $0.10 Add'l min.
F (17-22 miles beyond Limited LCA)) $ 0.09 Init. min. E (Greater than 30 miles Basic LCA and $0.14 Init. Min.
$ 0.07 Add'l min. Intra Parish Expanded LCA) $0.14 Add'l min.
G (23-30 miles beyond Limited LCA) $ 0.09 Init. min. F (23-30 miles Inter-Parish Expanded LCA) $0.14 Init. Min.
$ 0.07 Add'l min. $0.10 Add'l min.
H (31-40 miles beyond Limited LCA) $ 0.09 Init. min. G (31-40 miles Inter-Parish Expanded LCA) $0.14 Init. Min.
$ 0.07 Add'l min. $0.14 Add'l min.
I (Greater than 40 miles beyond $ 0.09 Init. min. H (Greater than 40 miles Inter-Parish) $0.14 Init. min.
Limited LCA) $ 0.07 Add'l min. $0.14 Add'l min.
MISSISSIPPI N. CAROLINA S. CAROLINA
------------------------------------------------------------- ----------------------- --------------------------
RATE ELEMENTS RATE PER RATE ELEMENT RATE RATE ELEMENTS RATE
------------------------------------- ------ ---------- ------------- ------ ---------------- ------
Monthly Monthly Monthly
Residence Port $3.75 Residence Port $2.00 Residence Port $4.00
Business Port $7.50 Business Port $6.00 Business Port $10.50
PBX Trunk Port $7.50 PBX Trunk Port $8.00 PBX Trunk Port $10.50
Rotary Service $3.75 Rotary Service $1.50 Rotary Service $3.00
Usage-Mileage Bands Usage-(STS) Usage-(STS)
A (0 miles) $0.02 Init. min. - init. min. $0.05 -Basic Svc. Area $0.02
$0.01 Add'l min. - add'l min. $0.02 - Expanded Svc. $0.12
Area
B (1-10 miles) $0.04 Init. min.
C (11-16 miles, existing LCA de- $0.02 Add'l min.
scribed in A3.6 greater than 16
miles, and calls to county seat
greater that 16 miles) $0.06 Init. min.
$0.04 Add'l min.
D (17-30 miles) $0.09 Init. min.
$0.07 Add'l min.
E (31-55 miles Biloxi LATA) $0.09 Init. min.
$0.07 Add'l min.
F (31-55 miles Xxxxxxx XXXX) $0.12 Init. min.
$0.10 Add'l min.
G (56-85 miles Biloxi LATA) $0.18 Init. min.
$0.14 Add'l min.
TENNESSEE
----------------------------------------
RATE ELEMENTS RATE PER
----------------------- ------ -----
Monthly
Residence Port $ 4.00
Business Port $10.00
PBX Trunk Port $10.00
Rotary Service $ 8.50
Usage-Mileage Bands
A (0-16 miles) $ 0.02 mou
B (17-30 miles) $ 0.05 mou
C greater than 30 miles $ 0.10 mou
----------------------- ------ -----
-2-
86
ATTACHMENT C-4 (CONT'D)
Special Service Requirements:
1. Switching functionalities in the port element include
dialtone, screening, recognition of service request,
recognition of call-specific information, digit analysis,
routing , testing, recordings, signal generation, call
completion or handoff, SSP functionality and tables, PIC
tables, trunk tables, class of service tables, billing record
generation, and AIN tables.
2. Carrier's purchase of the port element for a specific switch
avails to it all the features and functionality on that
switch.
3. Carrier can interconnect loops from any source to the line
port(s) that it purchases on the same
terms/conditions/intervals as loops provided by BellSouth.
4. Carrier can use the port element to provide any local exchange
service, including switched access services.
5. Optional functionality to support CLASS/Customer Calling
features will be included with the port element. No additional
charges will apply.
6. Functionality to craft Centrex offerings (call transfer,
special dialing, etc.) will be available as part of the port
element.
-3-
87
ATTACHMENT C-5
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Signaling
Description: Provides for connection to and utilization of BellSouth's
Signaling System 7 network for both call setup and non-call
setup purposes.
State(s): All
RATE(S):
MONTHLY RECURRING NON- APPLIED
RATE ELEMENTS RATE RATE RECURRING PER
------------------------------- ------- ---------- --------- ----------------
CCS7 Signaling Connection $155.00 -- $ 51 56 Kpbs facility
CCS7 Signaling Termination $355.00 -- 0.00 STP Xxxx
XXX0 Signaling Usage* -- $0.000023 -- Call Set Up Msg.
-- $0.000050 -- T-Cap Msg.
CCS7 Signaling Usage Surrogate* $395.00 -- -- 56 Kpbs facility
*Where signaling usage measurement capability exists, CCS7 Signaling Usage will
be billed on a per signaling message basis. Where measurement capability does
not exist, CCS7 Signaling Usage will be billed on a per 56 Kpbs facility basis.
88
ATTACHMENT C-6
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Line Information Database (LIDB)-Storage Agreement
Description: The LIDB Storage Agreement provides the terms and conditions
for inclusion in BellSouth's LIDB of billing number
information associated with BellSouth Exchange lines used for
Local Exchange Companies' resale of local exchange service or
Service Provider Number Portability arrangements requested
Local Exchange Companies' on behalf of the Local Exchange
company's end user or for Carrier NXX's stored in BellSouth's
LIDB. BellSouth will store in its database, the relevant
billing number information and will provide responses to
on-line, call-by-call queries to this information for purposes
of Billed Number Screening, Calling Card Validation and Fraud
Control.
Each time an Carrier's data is used BellSouth will compensate
Carrier at a rate of 40% of BellSouth's LIDB Validation rate
per query as displayed in Attachment C-13 following.
State(s): All
Rate(s): No Charge
89
LINE INFORMATION DATA BASE (LIDB)
STORAGE AGREEMENT
FOR RESOLD LOCAL EXCHANGE LINES, UNBUNDLED LOOPS
AND SERVICE PROVIDER NUMBER PORTABILITY ARRANGEMENTS
This agreement, effective as of ____________, 1997, is entered into by
and between BellSouth Telecommunications, Inc. "BST", a Georgia corporation, and
______________ ("Local Exchange Company").
WHEREAS, in consideration of the mutual covenants, agreements and
obligations set forth below, the parties hereby agree as follows:
I. SCOPE
This Agreement sets forth the terms and conditions for inclusion in
BST's Line Information Data Base (LIDB) of billing number information associated
with Local Exchange Company's provision (or resale) of local exchange service or
Service Provider Number Portability (SPNP) arrangements requested by Local
Exchange Company on behalf of Local Exchange Company's end user. BST will store
in its data base the relevant billing number information, and BST will provide
responses to on-line, call-by-call queries to this information for purposes
specified below.
LIDB is accessed for:
- Billed Number Screening
- Calling Card Validation for Calling Cards issued by BellSouth
- Fraud Control
II. DEFINITIONS
2.01. Billing number - a number used by BST for the purpose of
identifying an account liable for charges. This number may be a line or a
special billing number.
2.02. Line number - a ten digit number assigned by BST that identifies
a telephone line associated with a resold local exchange service, or with a SPNP
management.
2.03. Special billing number - a ten digit number that identifies a
billing account established by BST in connection with a resold local exchange
service or with a SPNP arrangement.
2.04. Calling Card number - a billing number plus PIN number assigned
by BST.
2.05. PIN number - a four digit security code assigned by BST which is
added to a billing number to compose a fourteen digit calling card number.
90
2.06. Toll billing exception indicator - associated with a billing
number to indicate that it is considered invalid for billing of collect calls or
third number calls or both, by the Local Exchange Company.
2.07. Billed Number Screening - refers to the activity of determining
whether a toll billing exception indicator is present for a particular billing
number.
2.08. Calling Card Validation - refers to the activity of determining
whether a particular calling card number exists as stated or otherwise provided
by a caller.
2.09. Billing number information - information about billing number or
Calling Card number as assigned by BST and toll billing exception indicator
provided to BST by the Local Exchange Company.
III. RESPONSIBILITIES OF PARTIES
3.01. BST include billing number information associated with resold
exchange lines or SPNP arrangements in its LIDB. The Local Exchange Company will
request any toll billing exceptions via the Local Service Request (LSR) form
used to order resold exchange lines, or the SPNP service request form used to
order SPNP arrangements.
3.02. Under normal operating conditions, BST shall include the billing
number information in its LIDB upon completion of the service order establishing
either the resold local exchange service or the SPNP arrangement, provided that
BST shall not be held responsible for any delay or failure in performance to the
extent such delay or failure is caused by circumstances or conditions beyond
BST's reasonable control. BST will store in its LIDB an unlimited volume of the
working telephone numbers associated with either the resold local exchange lines
or the SPNP arrangements. For resold local exchange lines or for SPNP
arrangements, BST will issue line-based calling cards only in the name of Local
Exchange Company. BST will not issue line-based calling cards in the name of
Local Exchange Company's individual end users. In the event that Local Exchange
Company wants to include calling card numbers assigned by the Local Exchange
Company in the BST LIDB, a separate agreement is required.
3.03. BST will provide responses to on-line, call-by-call queries to
the stored information for the specific purposes listed in the next paragraph.
3.04. BST is authorized to use the billing number information to
perform the following functions for authorized users on an on-line basis:
2
91
(a) Validate a 14 digit Calling Card number where the first 10 digits
are a line number or special billing number assigned by BST, and where the last
four digits (PIN) are a security code assigned by BST.
(b) Determine whether the Local Exchange Company has identified the
billing number as one which should not be billed for collect or third number
calls, or both.
3.05. BST will provide seven days per week, 24 hours per day, fraud
control and detection services. These services include, but are not limited to,
such features as sorting Calling Card Fraud detection according to domestic or
international calls in order to assist the pinpointing of possible theft or
fraudulent use of Calling Card numbers; monitoring xxxx-to-third number and
collect calls made to numbers in BST's LIDB, provided such information is
included in the LIDB query, and establishing Account Specific Thresholds, at
BST's sole discretion, when necessary. Local Exchange Company understands and
agrees BST will administer all data stored in the LIDB, including the data
provided by Local Exchange Company pursuant to this Agreement, in the same
manner as BST's data for BST's end user customers. BST shall not be responsible
to Local Exchange Company for any lost revenue which may result from BST's
administration of the LIDB pursuant to its established practices and procedures
as they exist and as they may be changed by BST in its sole discretion from time
to time.
3.06. Local Exchange Company understands that BST currently has in
effect numerous billing and collection cents with various interexchange carriers
and billing clearing houses. Local Exchange Company further understands that
these billing and collection customers of BST query BST's LIDB to determine
whether to accept various billing options from end users. Additionally, Local
Exchange Company understands that presently BST has no method to differentiate
between BST's own billing and line data in the LIDB and such data which it
includes in the LIDB on Local Exchange Company's behalf pursuant to this
Agreement. Therefore, until such time as BST can and does implement in its LIDB
and its supporting systems the means to differentiate Local Exchange Company's
data from BST's data and the parties to this Agreement execute appropriate
amendments hereto, the following terms and conditions shall apply:
(a) The Local Exchange Company agrees that it will accept
responsibility for telecommunications services billed by BST for its billing and
collection customers for Local Exchange Customer's end user accounts which are
resident in LIDB pursuant to this Agreement Local Exchange Company authorizes
BST to place such charges on Local Exchange Company's xxxx from BST and agrees
that it shall pay all such charges. Charges for which Local Exchange Company
hereby takes responsibility include, but are not limited to, collect and third
number calls.
(b) Charges for such services shall appear on a separate BST
xxxx xxxx identified with the name of the entity for which BST is billing the
charge.
3
92
(c) Local Exchange Company shall have the responsibility to
render a billing statement to its end users for these charges, but Local
Exchange Company's obligation to pay BST for the charges billed shall be
independent of whether Local Exchange Company is able or not to collect from
Local Exchange Company's end users.
(d) BST shall not become involved in any disputes between
Local Exchange Company and the entities for which BST performs billing and
collection. BellSouth will not issue adjustments for charges billed on behalf of
an entity to Local Exchange Company. It shall be the responsibility of the Local
Exchange Company and the other entity to negotiate and arrange for any
appropriate adjustments.
IV. COMPLIANCE
Unless expressly authorized in writing by the Local Exchange Company,
all billing number information provided pursuant to this Agreement shall be used
for no purposes other than those set forth in this Agreement.
V. TERMS
This Agreement will be effective as of _______________, 1997, and will
continue in effect for one year, and thereafter may be continued until
terminated by either Party upon thirty (30) days' written notice to the other
Party.
VI. FEES FOR SERVICE AND TAXES
6.01. The Local Exchange Company will not be charged a fee for storage
services provided by BST to the Local Exchange Company, as described in Section
I of this Agreement.
6.02. Sales, use and all other taxes (excluding taxes on BST's income)
determined by BST or any taxing authority to be due to any federal, state or
local taxing jurisdiction with respect to the provision of the service set forth
herein will be paid by the Local Exchange Company. The Local Exchange Company
shall have the right to have BST contest with the imposing jurisdiction, the
Local Exchange Company's expense, any such taxes that the Local Exchange Company
deems are improperly levied.
VII. INDEMNIFICATION
4
93
To the extent not prohibited by law, each Party will indemnify the
other and hold the other harmless against any loss, cost, claim, injury, or
liability relating to or arising out of negligence or willful misconduct by the
indemnifying Party or its agents or contractors in connection with the
indemnifying Party's provision of services, provided, however, that any
indemnity for any loss, cost, claim, injury or liability arising out of or
relating to errors or omissions in the provision of services under this
Agreement shall be limited as otherwise specified in this Agreement. The
indemnifying Party under this Section agrees to defend any suit brought against
the other Party for any such loss, cost, claim, injury or liability. The
indemnified Party agrees to notify the other Party promptly, in writing, of any
written claims, lawsuits, or demands for which the other Party is responsible
under this Section and to cooperate in every reasonable way to facilitate
defense or settlement of claims. The indemnifying Party shall not be liable
under this Section for settlement by the indemnified Party of any claim,
lawsuits, or demand unless the defense of the claim, lawsuit, or demand has been
tendered to it in writing and the indemnifying Party has unreasonably failed to
assume such defense.
VIII. LIMITATION OF LIABILITY
Neither Party shall be liable to the other Party for any lost profits
or revenues or for any indirect, incidental or consequential damages incurred by
the other Party arising from this Agreement or the services formed or not
performed hereunder, regardless of the cause of such loss or damage.
IX. MISCELLANEOUS
9.01. It is understood and agreed to by the parties that BST may
provide similar services to other companies.
9.02. All terms, conditions and operations under this Agreement shall
be performed in accordance with, and subject to, all applicable local, state or
federal legal and regulatory tariffs, rulings, and other requirements of the
federal courts, the U.S. Department of Justice and state and federal regulatory
agencies. Nothing in this Agreement shall be construed to cause either Party to
violate any such legal or regulatory requirement and either Party's obligation
to perform shall be subject to all such requirements.
9.03. The Local Exchange Company agrees to submit to BST all
advertising, sales promotion, press releases, and other publicity matters
relating to this Agreement wherein BST's corporate or trade names, logos,
trademarks or service xxxx or those of BST's affiliated companies are mentioned
or language from which the connection of said names or trademarks therewith may
be inferred or implied; and the Local Exchange Company further agrees not to
publish or use advertising, sales promotions, press releases, or publicity
matters related to BST without BST's prior written approval.
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9.04. This Agreement constitutes the entire agreement between the Local
Exchange Company and BST which supersedes all prior agreements or contracts,
oral or written representations, statements, negotiations, understandings,
proposals and understandings with respect to the subject matter hereof.
9.05. Except as expressly provided in this Agreement, if any part of
this Agreement is held or construed to be invalid or unenforceable, the validity
of any other Section of this Agreement shall remain in full force and effect to
the extent permissible or appropriate in furtherance of the intent of this
Agreement.
9.06. Neither Party shall be held liable for any delay or failure in
performance of any part of this Agreement for any cause beyond its control and
without its fault or negligence, such as acts of God, acts of civil or military
authority, government regulations, embargoes, epidemics, war, terrorist acts,
riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods,
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 common carriers.
9.07. This Agreement shall be deemed to be a contract made under the
laws of the State of Georgia, and the construction, interpretation and
performance of this Agreement and all transactions hereunder shall be governed
by the domestic law of such State.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their fully authorized officers.
BELLSOUTH TELECOMMUNICATIONS, INC.
By: _
Title: _
Date: _
Address: _
ITC HOLDING
By: _
Title: _
Date: _
Address: _
6
95
ATTACHMENT C-7
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Line Information Database Access Service
(LIDB) - Validation
Description: Provides a customer the ability to receive validation
of billing information through query of data stored
in BellSouth's LIDB data base. See below for
additional information.
State(s): All
Rate Elements Description Monthly Non-Recurring
-------------------------------------- -------------------------------------------------- -------- -------------
LIDB Common Transport Provides for transport of the customer's query $0.00030 --
from the LIDB Location (RSTP) to the data
base (SCP). This charge will apply each
time the customer requests and receives
validation of a BellSouth calling card or
requests and receives the status of a
billed number associated with a LEC line
stored in the BellSouth LIDB.
-------------------------------------- -------------------------------------------------- -------- -------------
LIDB Validation Provides for query of data resident in $0.03800 --
BellSouth's LIDB. This rate will apply
each time a customer requests and
receives validation of LEC calling card
or requests and receives the status of a
billed number associated with a LEC line
stored in BellSouth's LIDB.
-------------------------------------- -------------------------------------------------- -------- -------------
Originating Point Code Provides for the establishment or change of a -- $91.00
Establishment or Change customer requested Originating Point Code. This
charge will apply each time the customer
establishes or changes a point code
destination identifying one of his
locations or a location of one of his end
users.
-------------------------------------- -------------------------------------------------- -------- -------------
CCS7 Signaling Connections Rates, terms and conditions for CCS7
Signaling Connections are as set
forth in Section E6.8 of BellSouth
Telecommunication's Inc.'s Intrastate
Access Services Tariff.
-------------------------------------- -------------------------------------------------- -------- -------------
96
ATTACHMENT C-8
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Subscriber Listing Information
Description: Subscriber primary listing information provided at no
charge and in an acceptable format will be published
at no charge as standard directory listings in an
alphabetical directory published by or for BellSouth
at no charge to each Carrier end user customer.
States(s): All
Rate(s): (1) No charge for Carrier customer primary listings.
(2) Additional listings and optional listings may be
provided by BellSouth at rates set forth in
BellSouth's intrastate General Subscriber Services
Tariffs.
Special
Requirements: Carrier agrees to execute a directory listing
agreement with BAPCO in a form consistent in all
material respects with the sample listing agreement
attached hereto.
97
ATTACHMENT C-9
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Access to 911 Service
Description: Provides a universal, easy-to-remember number which
is recognized nationally as the appropriate number to
call in an emergency.
Additionally, Carrier must provide a minimum of two
dedicated trunk groups originating from Carrier's
serving wire center and terminating to the
appropriate 911 tandem. These facilities, consisting
of a Switched Local Channel from Carrier's point of
interface to its serving wire center and Switched
Dedicated Transport to the 911 tandem, may be
purchased from BellSouth at the Switched Dedicated
Transport rates set forth in Section E6 of BellSouth
Telecommunications Inc.'s Intrastate Access Service
Tariffs.
State(s): All
Rate(s): Will be billed to appropriate municipality.
Special Service Requirements:
1. BellSouth shall provide interconnection to a 911 selective
routing switch to route calls from Carrier network to correct
the Public Safety Answering Point (PSAP).
2. BellSouth shall identify any special default arrangements and
routing arrangements to complete overflow.
3. BellSouth shall specify any requirements for emergency backup
numbers in case of massive trunk failures.
4. BellSouth shall provide priority restoral of trunk or network
outages on the same terms/conditions it provides itself (and
without the imposition of TSP).
5. The Parties agree to develop a mutual aid agreement to assist
with disaster recovery.
6. BellSouth shall implement a process to identify and correct
errors to the ALI database to ensure that the accuracy of data
stored by new entrants is no less than its own data.
7. BellSouth shall provide reasonable advance notification of any
pending tandem moves, and scheduled maintenance outages which
could affect the provision of 911 service.
98
8. BellSouth shall establish a process for the management of NPA
splits as well as NXX splits sufficient to ensure that the
provision of 911 services to Carrier is not adversely
affected.
99
ATTACHMENT C-10
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Operator Call Processing Access Service
Description: Provides Operator and Automated call handling. This
includes processing and verification of alternate
billing information for collect, calling card, and
billing to a third number. Operator Call Processing
Access Service also provides dialing instructions,
and other operator assistance the customer may
desire.
MONTHLY
RATE ELEMENTS STATE(S) RECURRING APPLIED PER
--------------------------------------------------------- ----------- --------- ----------------
Operator Provided Call Handling All Per Work Minute
--------------------------------------------------------- ----------- --------- ----------------
$0.06
Call Completion Access Termination Charge Alabama $0.06 Per Call Attempt
This charge will be applicable per call attempt Florida $0.06 Per Call Attempt
and is in addition to the Operator Provided Call Georgia $0.06 Per Call Attempt
Handling charge listed above. Kentucky $0.06 Per Call Attempt
Louisiana $0.06 Per Call Attempt
Mississippi $0.06 Per Call Attempt
N. Carolina $0.06 Per Call Attempt
S. Carolina $0.12 Per Call Attempt
Tennessee Per Call Attempt
--------------------------------------------------------- ----------- --------- ----------------
Fully Automated Call Handling All $0.15 Per Attempt
--------------------------------------------------------- ----------- --------- ----------------
Operator Services Transport
Operator Services transport rates, terms and conditions are as set
forth in E6 of BellSouth Telecommunication's, Inc.'s Intrastate Access
Service Tariff.
100
ATTACHMENT C-11
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Directory Assistance Access Service (Number Services)
Description: In order to provide customers of the co-carriers
access to ubiquitous directory assistance services,
whereby they can gain information on all assigned
numbers regardless of the exchange service provider,
methods and procedures need to be developed to 1)
incorporate BellSouth and Carrier customer data into
each other's directory assistance databases; 2)
provide access to each other database(s) for their
customers; 3) to buy and sell companies of each
others directory assistance and use.
State(s): All.
Rate(s):
MONTHLY
RATE ELEMENTS DESCRIPTION STATE(S) RATE
----------------------------- ------------------------------------------------------------ ----------- -------
Directory Assistance Call Given a listed telephone number at the request of an Access All $0.25
Completion Access Service subscriber's end user, BellSouth will provide or attempt to
provide from the DA Operator System, call completion to the
number requested. This charge will be applied per completed
call.
----------------------------- ------------------------------------------------------------ ----------- -----
Call Completion Access This charge will be applicable per completed call and is in Alabama $0.06
Termination Charge addition to the DACC Access Service charge listed above. Florida $0.06
Georgia $0.06
Kentucky $0.06
Louisiana $0.06
Mississippi $0.06
N. Carolina $0.08
S. Carolina $0.08
Tennessee $0.12
----------------------------- ------------------------------------------------------------ ----------- -----
Number Services Intercept Number Services Intercept Access refers calls from All $0.30
Access Service disconnected numbers to the proper number or numbers. This
charge will be applied per intercept query.
----------------------------- ------------------------------------------------------------ ----------- -----
Directory Assistance Rates, terms and conditions will be applied as set forth in
Service Call E9.1.7 for Georgia and as set forth in E9.5.3 for AL, FL,
KY, LA, MS, NC, SC, TN of BellSouth Telecommunication's
Inc.'s Intrastate Access Service Tariff.
----------------------------- ------------------------------------------------------------ ----------- -----
Directory Transport Rates, terms and conditions will be applied as set forth
in E9.1.7 for Georgia and as set forth in E9.5.3 for AL,
FL, KY, LA, MS, NC, SC, TN of BellSouth Telecommunication's
Inc.'s Intrastate Access Service Tariff.
----------------------------- ------------------------------------------------------------ ----------- -----
Directory Assistance Rates, terms and conditions will be applied as set forth in
Interconnection E9.1.7 for Georgia and as set forth in E9.5.3 for AL, FL,
KY, LA, MS, NC, SC, TN of BellSouth
Telecommunication's Inc.'s Intrastate Access
Service Tariff.
----------------------------- ------------------------------------------------------------ ----------- -----
Directory Assistance Database Rates, terms and conditions will be applied as set forth in
Service A38.1 of BellSouth Telecommunication's Inc.'s General
Subscriber Service Tariff.
----------------------------- ------------------------------------------------------------ ----------- -----
Direct Access to DA Service Rates, terms and conditions will be applied as set forth in
Section 9.3 of BellSouth Telecommunication's Inc.'s
Interstate Access Service Tariff F.C.C. No. 1.
----------------------------- ------------------------------------------------------------ ----------- -----
101
ATTACHMENT C-11 (cont'd)
Special Service Requirements:
1. DA Service hereunder provides the ability to make Carrier's
data available to anyone calling BellSouth's DA, and
BellSouth's data available to anyone calling Carrier's DA.
2. BellSouth shall store proprietary customer information
provided by Carrier in its AA database; such information shall
be able to be identified by source provider in order to
provide the necessary protection of proprietary information.
3. DA Service includes the ability to complete intraLATA, 555 and
411 calls utilizing components of BellSouth's DA network.
4. Carrier may resell BellSouth DA either as part of a bundled
Carrier service or independently.
5. Carrier shall be able to buy the components or any combination
of components, that comprise the DA Service and package them
as required, including:
- Unbundled Directory Platform (includes operators,
switch and LAN)
- Unbundled Directory Assistance Database Access
Service ("DADAS")
- Unbundled Directory Assistance Database Service
("DADS")
DADAS and DADS will be offered pursuant to the terms of the
applicable BellSouth Local Interconnection Services Tariff.
6. There will be no charge for BellSouth storage of Carrier
customer information in the Directory Assistance Database.
7. The end-to-end interval for updating database must be the same
as provided to BellSouth's end users.
8. BellSouth will provide Carrier with an interface into
BellSouth's database for updating and inquiries.
9. Quality standards shall be equivalent to that provided by
BellSouth to its own customers.
10. Speed-to-answer times will be equivalent to that provided by
BellSouth to its own customers.
102
ATTACHMENT C-11 (cont'd)
Special Service Requirements (cont'd):
11. Dialing parity will be provided, including no unreasonable
dialing delays.
12. BellSouth will incorporate Carrier customer data in its DA
database via the ordering process specified in its
Facilities-Based Ordering Guide ("FBOG").
13. BellSouth's DA database shall be updated and maintained with
Carrier data for customers who:
- Disconnect
- Change carrier
- Install
- "Change" orders
- Are Non-Published
- Are Non-Listed
- Are Non-Published/Non-Listed
14. Each carrier shall xxxx its own end-users.
15. BellSouth invoices to Carrier for DA Services shall be in a
CABS format.
16. The Parties agree to develop reasonable intercompany
procedures to correct errors which are identified in the DA
database.
103
ATTACHMENT C-12
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Centralized Message Distribution System-Hosting
(CMDS-Hosting)
Description: CMDS - Hosting is the Bellcore administered national
system used to exchange Message Record (EMR)
formatted message data among host companies.
All intraLATA and local messages originated and
billed in the BellSouth Region involving BellSouth
CMDS hosted companies will be processed through the
Non-Send Paid Report System (NSPRS) described in the
attached agreement and Attachment C-13 hereto.
BellSouth agrees to provide CMDS/XXX hosting and
NSPRS services for Carrier, subject to the terms of
this Attachment and Attachment C-14, and subject to
execution of a services agreement substantially in
the form attached hereto.
State(s): All
==================== ============================================================ ========
RATE ELEMENTS DESCRIPTION MONTHLY
==================== ============================================================ ========
Message Distribution Message Distribution is routing determination and subsequent $0.004
delivery of message data from one company to another. Also
included is the interface function with CMDS, where
appropriate. This charge is applied on a per message basis.
==================== ============================================================ ========
Data Transmission This charge is applied on a per message basis. $0.001
==================== ============================================================ ========
104
CONTRACT PROVISIONS FOR XXX HOSTING AND NSPRS
SECTION 1. SCOPE OF AGREEMENT
1.01 This Agreement shall apply to the services of Revenue Accounting Office
(XXX) Hosting and the Non-Sent Paid Report System (NSPRS) as provided
by BellSouth to Carrier. The terms and conditions for the provisions of
these services are outlined in the Exhibits to this Agreement.
SECTION 2. DEFINITIONS
2.01 A. Centralized Message Distribution System is the BellCore
administered national system, based in Kansas City, Missouri,
used to exchange Message Record (EMR) formatted data among
host companies.
B. Compensation is the amount of money due from BellSouth to
Carrier or from Carrier to BellSouth for services and/or
facilities provided under this Agreement.
C. Exchange Message Record is the nationally administered
standard format for the exchange of data among Exchange
Carriers within the telecommunications industry.
D. Intercompany Settlements (ICS) is the revenue associated with
charges billed by a company other than the company in whose
service are such charges were incurred. ICS on a national
level includes third number and credit card calls. ICS within
the BellSouth region includes third number, credit card and
collect calls.
E. Message Distribution is routing determination and subsequent
delivery of message data from one company to another. Also
included is the interface function with CMDS, where
appropriate.
F. Non-Sent Paid Report System (NSPRS) is the system that
calculates ICS amounts due from one company to another in the
state of Florida.
G. Revenue Accounting Office (XXX) Status Company is a local
exchange company/alternate local exchange company that has
been assigned a unique XXX code. Message data exchanged among
XXX status companies is grouped (i.e., packed) according to
From/To/Xxxx XXX combinations.
SECTION 3. RESPONSIBILITIES OF THE PARTIES
3.01 XXX Hosting and NSPRS services provided to Carrier by BellSouth will be
in accordance with the methods and practices regularly adopted and
applied by BellSouth to its own operations during the term of this
Agreement, including such revisions as may be made from time to time by
BellSouth.
105
3.02 Carrier shall furnish all relevant information required by BellSouth
for the provision of XXX Hosting and NSPRS.
SECTION 4. COMPENSATION ARRANGEMENTS
4.01 Applicable compensation amounts will be billed by BellSouth to Carrier
on a monthly basis in arrears. Amounts due from one Party to the other
(excluding adjustments) are payable within thirty (30) days of receipt
of the billing statement.
SECTION 5. ASSOCIATED EXHIBITS
5.01 Listed below are the exhibits associated with this Agreement.
Exhibit A Message Distribution Service (XXX Hosting)
Exhibit B Intercompany Settlements (NSPRS)
5.02 From time to time by written agreement of the parties, new Exhibits may
be substituted for the attached Exhibits, superseding and canceling the
Exhibits then in effect.
SECTION 6. TERM OF AGREEMENT
6.01 This agreement is effective and will continue in force until
terminated, with or without cause, by thirty (30) days' prior notice in
writing from either Party to the other. This Agreement may be amended
from time to time upon written agreement of the parties.
Executed this day of , 1997.
WITNESS: ITC HOLDING
(title)
WITNESS: BELLSOUTH TELECOMMUNICATIONS, INC.
(title)
106
Exhibit A
SECTION 1. SCOPE OF EXHIBIT
1.01 This exhibit specifies the terms and conditions, including
compensation, under which BellSouth shall provide message distribution
service to Carrier. As described herein, message distribution service
includes the following:
1) Message Forwarding to Intraregion LEC/ALEC - function of
receiving an ALEC message and forwarding the message to
another LEC/ALEC in the BellSouth region.
2) Message Forwarding to CMDS - function of receiving an ALEC
message and forwarding that message on to CMDS.
3) Message Forwarding from CMDS - function of receiving a message
from CMDS and forwarding that message to Carrier.
SECTION 2. RESPONSIBILITIES OF THE PARTIES
2.01 An ALEC that is CMDS hosted by BellSouth must have its own unique XXX
code. Requests for establishment of XXX status where BellSouth is the
selected CMDS interfacing host, require written notification from
Carrier to BellSouth at least six (6) weeks prior to the proposed
effective date. The proposed effective date will be mutually agreed
upon between the parties with consideration given to time necessary for
the completion of required BellCore functions. BellSouth will request
the assignment of an XXX code from its connecting contractor, currently
BellCore, on behalf of Carrier and will coordinate all associated
conversion activities.
2.02 BellSouth will receive messages from Carrier that are to be processed
by BellSouth, another LEC/ALEC in the BellSouth region or a LEC outside
the BellSouth region.
2.03 BellSouth will perform invoice sequence checking, standard EMR format
editing, and balancing of message data with the EMR trailer record
counts on all data received from Carrier.
2.04 All data received from Carrier that is to be processed or billed by
another LEC/ALEC within the BellSouth region will be distributed to
that LEC/ALEC in accordance with the agreement(s) which may be in
effect between BellSouth and the involved LEC/ALEC.
107
2.05 All data received from Carrier that is to be placed on the CMDS network
for distribution outside the BellSouth region will be handled in
accordance with the agreement(s) which may be in effect between
BellSouth and its connecting contractor (currently BellCore).
2.06 BellSouth will receive messages from the CMDS network that are destined
to be processed by Carrier and will forward them to Carrier on a daily
basis.
2.07 Transmission of message data between BellSouth and Carrier will be via
electronic data transmission.
2.08 All messages and related data exchanged between BellSouth and Carrier
will be formatted in accordance with accepted industry standards for
EMR formatted records and packed between appropriate EMR header and
trailer records, also in accordance with accepted industry standards.
2.09 Carrier will ensure that the recorded message detail necessary to
recreate files provided to BellSouth will be maintained for back-up
purposes for a period of three (3) calendar months beyond the related
message dates.
2.10 Should it become necessary for Carrier to send data to BellSouth more
than sixty (60) days past the message date(s), that ALEC will notify
BellSouth in advance of the transmission of the data. If there will be
impacts outside the BellSouth region, BellSouth will work with its
connecting contractor and Carrier to notify all affected parties.
2.11 In the event that data to be exchanged between the two parties should
become lost or destroyed, both parties will work together to determine
the source of the problem. Once the cause of the problem has been
jointly determined and the responsible Party (BellSouth or Carrier)
identified and agreed to, the company responsible for creating the data
(BellSouth or Carrier) will make every effort to have the affected data
restored and retransmitted. If the data cannot be retrieved, the
responsible Party will be liable to the other Party for any resulting
lost revenue. Lost revenue may be a combination of revenues that could
not be billed to the end users and associated access revenues. Both
parties will work together to estimate the revenue amount based upon
historical data through a method mutually agreed upon. The resulting
estimated revenue loss will be paid by the responsible Party to the
other Party within three (3) calendar months of the date of problem
resolution, or as mutually agreed upon by the parties.
-2-
108
2.12 Should an error be detected by the EMR format edits performed by
BellSouth on data received from Carrier, the entire pack containing the
affected data will not be processed by BellSouth. BellSouth will notify
Carrier of the error condition. Carrier will correct the error(s) and
will resend the entire pack to BellSouth for processing. In the event
that an out-of-sequence condition occurs on subsequent packs, Carrier
will resend these packs to BellSouth after the pack containing the
error has been successfully reprocessed by BellSouth.
2.13 In association with message distribution service, BellSouth will
provide Carrier with associated intercompany settlements reports
(national and regional) as appropriate.
2.14 In no case shall either Party be liable to the other for any direct or
consequential damages incurred as a result of the obligations set out
in this agreement.
SECTION 3. COMPENSATION
3.01 For message distribution service provided by BellSouth for Carrier,
BellSouth shall receive the following as compensation:
Rate Per Message $0.004
3.02 For data transmission associated with message distribution service,
BellSouth shall receive the following as compensation:
Rate Per Message $0.001
3.03 Data circuits (private line or dial-up) will be required between
BellSouth and Carrier for the purpose of data transmission. Where a
dedicated line is required, Carrier will be responsible for ordering
the circuit, overseeing its installation and coordinating the
installation with BellSouth. Carrier will also be responsible for any
charges associated with this line. Equipment required on the BellSouth
end to attach the line to the mainframe computer and to transmit
successfully ongoing will be negotiated on a case by case basis. Where
a dial-up facility is required, dial circuits will be installed in the
BellSouth data center by BellSouth and the associated charges assessed
to Carrier. Additionally, all message toll charges associated with the
use of the dial circuit by Carrier will be the responsibility of
Carrier. Associated equipment on the BellSouth end, including a modem,
will be negotiated on a case by case basis between the parties.
3.04 All equipment, including modems and software, that is required on
Carrier end for the purpose of data transmission will be the
responsibility of Carrier.
-3-
109
Exhibit B
SECTION 1. SCOPE OF EXHIBIT
1.01 This Exhibit specifies the terms and conditions, including
compensation, under which BellSouth and Carrier will compensate each
other for Intercompany Settlements (ICS) messages.
SECTION 2. RESPONSIBILITIES OF THE PARTIES
2.01 BellSouth will remit to Carrier the revenue, less a billing charge, for
IntraLATA ICS messages, Local ICS messages, and charges for other
services when related messages and/or services are provided by Carrier
and billed to:
1) a BellSouth customer,
2) another company within the BellSouth region (excluding
Florida) associated with the exchange of message data with
BellSouth (excluding CIID and 891 messages),
3) another company within the conterminous United States that
utilities CMDS directly or indirectly and settles with
BellSouth directly or indirectly through the Credit Card and
Third Number Settlement System (CATS) administered by
BellCore,
4) another company utilizing the non-conterminous XXX codes
associated with AT&T's Transport and Tracking Intercompany
System settlements with BellSouth.
2.02 These other services include, but are not limited to:
1) Maritime Mobile Radiotelephone Services radio link charges as
set forth in the FCC's Maritime Mobile Radiotelephone Services
tariff.
2) Aviation Radiotelephone Service radio link charges as set
forth in the FCC's Aviation Radiotelephone Service tariff.
-4-
110
3) Public Land Mobile Radiotelephone Transient-Unit Non-Toll
Service [changes] as approved by the authorized state
regulatory commission (or municipal regulatory authority).
4) Non-Toll Service Charges billed to a calling card or to a
third number as filed with and approved by the authorized
state regulatory commission (or municipal regulatory
authority).
5) Directory Assistance Call Charges to a calling card or to a
third number as approved by the authorized regulatory
commission.
2.03 Carrier will xxxx, collect and remit to BellSouth the charges for
intraLATA and/or local ICS messages and other services as described
above where such messages and/or services are provided by:
1) BellSouth,
2) another company with the BellSouth region (excluding Florida)
associated with the exchange of message data with BellSouth
(excluding CIID and 891 messages),
3) another company within the conterminous United States that
utilizes CMDS directly or indirectly and settles with
BellSouth directly or indirectly through the Credit Card and
Third Number Settlement System (CATS).
2.04 For ICS revenues involving Carrier and other non-BellSouth LECs/ALECs
within the state, BellSouth will provide Carrier with monthly reports
summarizing the ICS revenues for messages that originated with Carrier
and were billed by each of the other Florida LECs/ALECs and those
messages that originated with each of the other Florida LECs/ALECs and
were billed by Carrier.
SECTION 3. COMPENSATION
3.01 The following compensation shall be retained by the billing company for
the billing of ICS messages and services:
Rate Per Message
----------------
1) Calls originated and billed in Florida or originated
and billed in North Carolina $0.0666
2) Calls originated in any of the states within BellSouth
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111
region and billed in that same state $0.05
3) Calls originated in a state within BellSouth's region and
billed in another state or originated in another state and
billed in a state within BellSouth's region $0.05
4) Calls originated in a state within BellSouth's region and
billed outside the conterminous United States $0.16
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112
ATTACHMENT C-13
UNBUNDLED PRODUCTS AND SERVICES AND NEW SERVICES
Service: Non-Sent Paid Report System (NSPRS)
Description: NSPRS includes: (1) a mechanized report system that
provides to the BellSouth CMDS hosted companies
within the BellSouth Region information regarding
Non-Sent Paid message and revenue occurring on calls
originated and billed within the Bellsouth region;
(2) distribution of Bellcore produced Credit Card and
Third Number System (CATS) reports and administration
of associated elements; (3) distribution of Bellcore
produced non-conterminous CATS reports and
administration of associated settlements. Subject to
the terms hereof and execution of a services
agreement substantially in the form attached to
Attachment C-12, BellSouth agrees to provide NSPRS
services for Carrier.
State(s): All
----------------------------- --------------------------- -------
BILLING AND COLLECTIONS FEE APPLIED
RATE ELEMENTS RETAINED BY BILLING CO. PER
----------------------------- --------------------------- -------
NSPRS -- intrastate FL and NC $0.066 message
----------------------------- --------------------------- -------
NSPRS -- intrastate all other $ 0.05 message
BellSouth states
----------------------------- --------------------------- -------
NSPRS -- CATS $ 0.05 message
----------------------------- --------------------------- -------
NSPRS -- non-conterminous $ 0.16 message
----------------------------- --------------------------- -------
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113
ATTACHMENT D
LIQUIDATED DAMAGES FOR SPECIFIED ACTIVITIES
A. Certain Definitions. When used in this Attachment, the following terms
shall have the meanings indicated:
1. "Specified Performance Breach" means the failure by BellSouth
to meet the Performance Criteria for any Specified Activity
for a period of three (3) consecutive calendar months.
2. "Specified Activity" means any of the following activities:
(i) the installation by BellSouth of unbundled Loops for
Carrier ("Unbundled Loop Installation");
(ii) BellSouth's provision of Interim Telecommunications
Number Portability; or
(iii) the repair of out of service problems for Carrier
("Out of Service Repairs").
3. "Performance Criteria" means, with respect to each calendar
month during the term of this Agreement, the performance by
BellSouth during such month of each Specified Activity shown
below within the time interval shown in at least eighty
percent (80%) of the covered instances:
--------------------------------- --------------------------------------------------------
SPECIFIED ACTIVITY PERFORMANCE INTERVAL DATE
(i) Unbundled Loop Installation
--------------------------------- --------------------------------------------------------
1-10 Loops per Service Order 5 days from BellSouth's Receipt of valid Service Order
--------------------------------- --------------------------------------------------------
11-20 Loops per Service Order 10 days from BellSouth's Receipt of valid Service Order
--------------------------------- --------------------------------------------------------
21 + Loops per Service Order to be Negotiated
--------------------------------- --------------------------------------------------------
(ii) Interim Number Portability
--------------------------------- --------------------------------------------------------
1-10 Loops per Service Order 5 days from BellSouth's Receipt of valid Service Order
--------------------------------- --------------------------------------------------------
11-20 Loops per Service Order 10 days from BellSouth's Receipt of valid Service Order
--------------------------------- --------------------------------------------------------
21 + Loops per Service Order to be Negotiated
--------------------------------- --------------------------------------------------------
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ATTACHMENT D (cont'd)
--------------------------------- --------------------------------------------------------
(iii) Out-of-Service Repairs Less than 24 hours from BellSouth's Receipt of
Notification of Out-of-Service Condition
--------------------------------- --------------------------------------------------------
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115
ATTACHMENT D (cont'd)
B.1 Specified Performance Breach. In recognition of the (1) loss of
Customer opportunities, revenues and goodwill which Carrier might sustain in the
event of a Specified Performance Breach; (2) the uncertainty, in the event of
such a Specified Performance Breach, of Carrier having available to it customer
opportunities similar to those opportunities currently available to Carrier; and
(3) the difficulty of accurately ascertaining the amount of damages Carrier
would sustain in the event of such a Specified Performance Breach, BellSouth
agrees to pay Carrier, subject to Section B.3 below, damages as set forth in
Section B.2 below in the event of the occurrence of a Specified Performance
Breach.
B.2 Liquidated Damages. The damages payable by BellSouth to Carrier as
a result of a Specified Performance Breach shall be $75,000 for each Specified
Performance Breach (collectively, the "Liquidated Damages"). Carrier and
BellSouth agree and acknowledge that (a) the Liquidated Damages are not a
penalty and have been determined based upon the facts and circumstances of
Carrier and BellSouth 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
Carrier would sustain if its damages were readily ascertainable; and (c) Carrier
shall not be required to provide any proof of the Liquidated Damages.
B.3 Limitations. In no event shall BellSouth be liable to pay the
Liquidated Damages if BellSouth's failure to meet or exceed any of the
Performance Criteria is caused, directly or indirectly, by a Delaying Event. A
"Delaying Event" means (2) failure by Carrier 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 Carrier or (c) any Force Majeure Event. If a
Delaying Event (i) prevents BellSouth from performing a Specified Activity, then
such Specific Activity shall be excluded from the calculation of BellSouth's
compliance with the Performance Criteria, or (ii) only suspends BellSouth's
ability to timely perform the Specified Activity, the applicable time frame in
which BellSouth'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.
B.4 Sole Remedy. The Liquidated Damages shall be the sole and exclusive
remedy of Carrier under this Agreement for BellSouth's breach of the Performance
Criteria and a Specified Performance Breach as described in this Section 26.0.
B.5 Records. BellSouth shall 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. BellSouth shall
provide to Carrier such records in a self-reporting format on a monthly basis.
Notwithstanding Section 28.6.1, the Parties agree that such records shall be
deemed "Proprietary Information" under Section 28.6.
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ATTACHMENT E
LOCAL INTERCONNECTION SERVICE
Service: Service Provider Number Portability-Direct Inward
Dailed (DID)*
Description: Service Provider Number Portability (SPNP) is an
interim service arrangement provided by BellSouth to
ALECs whereby an end user, who switches subscription
to local exchange service form BellSouth to an ALEC
is permitted to retain use of the existing BellSouth
assigned telephone number provided that the end user
remains at the same location.
SPNP-DID provides trunk side access to BellSouth end
office switched for direct inward dialing to ALEC
premises from the telecommunications network directly
to lines associated with ALEC switching equipment.
Interim Rates: The following rates are interim pending negotiation
or arbitration of final rates as stated in Section XI
of the Agreement.
State(s): Alabama Florida
----------------------------------------------------------------------------------------------------------------------- -----------
Monthly Applied Non-Recurring Applied Monthly Applied Per Non-Recurring Applied For
Rate Elements Recurring For For Recurring
--------------------------- ---------- --------- ------------- ----------- ---------- ------------ ------------- -----------
Per Number Ported-Business $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Number Ported-Residence $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Order -- -- $ 25.00 end user -- -- $ 25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $ 13.00 trunk $160.00 trunk-init $ 15.00 trunk $170.00 trunk-init.
$ 80.00 $ 86.00 trunk-sub.
trunk-sub
DS1 Local Channel** $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport** $ 23.50 per mile -- -- $ 16.75 per mile -- --
$ 90.00 fac. $100.49 fac. $ 59.75 fac. $100.49 fac. term.
term. term. term.
--------------------------- ---------- --------- ------------- ----------- ---------- ------------ ------------- -----------
*Rates are displayed at the DS1-1.544 Mbps level. For rates and charges
applicable to other arrangement levels, refer to Section E6 of BellSouth
Telecommunications, Inc.'s Intrastate Access Tariff.
**May not be required if the ALEC is collocated at the ported number end office.
117
ATTACHMENT E (cont'd)
State(s): Georgia Kentucky
---------------------------------------------------------------------------------------------------------------------------------
Monthly Applied Non-Recurring Applied Monthly Applied Per Non-Recurring Applied For
Rate Elements Recurring For For Recurring
--------------------------- --------- -------- ------------- ----------- ---------- ----------- ------------- -----------
Per Number Ported-Business $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Number Ported-Residence $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Order -- -- $ 25.00 end user -- -- $ 25.00 end user
-- -- -- location -- -- -- location
SNP-DID Trunk Termination $ 14.00 trunk $165.00 trunk-init $ 13.00 trunk $150.00 trunk-init.
$ 83.00 . $ 80.00 trunk-sub.
trunk-sub
.
DS1 Local Channel $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport $ 23.50 per mile -- -- $ 23.50 per mile -- --
$ 90.00 fac. $100.49 fac. $ 90.00 fac. $100.49 fac. term.
term. term. term.
--------------------------- --------- -------- ------------- ----------- ---------- ----------- ----------- -----------
State(s): Louisiana Mississippi
--------------------------------------------------------------------------------------------------------------------------------
Monthly Applied Non-Recurring Applied Monthly Applied Per Non-Recurring Applied For
Rate Elements Recurring For For Recurring
--------------------------- --------- -------- ------------- ---------- ---------- ----------- ------------- -----------
Per Number Ported-Business $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Number Ported-Residence $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Order -- -- $ 25.00 end user -- -- $ 25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $ 13.00 trunk $170.00 trunk-init $ 15.00 trunk $150.00 trunk-init.
$ 86.00 . $ 80.00 trunk-sub.
trunk-sub
.
DS1 Local Channel $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport $ 16.75 per mile -- -- $ 23.50 per mile -- --
$ 59.75 fac. $100.49 fac. $ 90.00 fac. $100.49 fac. term.
term. term. term.
--------------------------- --------- -------- ------------- ---------- ---------- ----------- ------------- -----------
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118
ATTACHMENT E (cont'd)
State(s): North South
Carolina Carolina
------------------------------------------------------------------------------------------------------------------------------------
Monthly Applied Non-Recurring Applied Monthly Applied Per Non-Recurring Applied For
Rate Elements Recurring For For Recurring
--------------------------- ---------- -------- ------------- ---------- ---------- ----------- ------------- ------------
Per Number Ported-Business $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Number Ported-Residence $ 0.01 each $ 1.00 each $ 0.01 each $ 1.00 each
Per Order -- -- $ 25.00 end user -- -- $ 25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $ 13.00 trunk $160.00 trunk-init $ 13.00 trunk $164.00 trunk-init.
$ 83.00 . $ 81.00 trunk-sub.
trunk-sub
DS1 Local Channel $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport $ 23.50 per mile -- -- $ 23.50 per mile -- --
$ 90.00 fac. $100.49 fac. $ 90.00 fac. $100.49 fac. term.
term. term. term.
--------------------------- ---------- -------- ------------- ---------- ---------- ----------- ------------- ------------
State(s): Tennessee
----------------------------------------------------------------------------------------
Monthly Applied Non-Recurring Applied
Rate Elements Recurring For For
--------------------------------- ----------- --------- ------------- -----------
Per Number Ported-Business $ 0.01 each $ 1.00 each
Per Number Ported-Residence $ 0.01 each $ 1.00 each
Per Order -- -- $ 25.00 end user
-- -- -- location
SPNP-DID Trunk Termination $ 13.00 trunk $164.00 trunk-init.
$ 83.00
trunk-sub.
DS1 Local Channel $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l
DS1 Dedicated Transport $ 23.50 per mile -- --
$ 90.00 fac. $100.49 fac. term.
term.
--------------------------------- ----------- --------- ----------- -----------
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119
ATTACHMENT F
BLANKET AGENCY AGREEMENT LETTER
I am an official of American Communications Services, Inc. ("Carrier")
and am authorized to commit my company to the conditions stated herein:
1. Carrier will not submit any requests or inquiries for Resale or
Facility Based local service provisioning under Blanket Agency Agreement
procedures to BellSouth for which it does not have proper authorization from the
End User upon whose behalf service is offered.
2. Carrier will instruct its End Users to deal directly with Carrier on
all inquiries concerning the Local Service. This may include, but is not limited
to, billing, repair, directory listings, and number portability.
3. Carrier is authorized to release all information regarding the End
User's local service to BellSouth.
4. In the event that an End User successfully challenges action taken
by BellSouth as a result of the above mentioned service request, Carrier will
indemnify and hold harmless BellSouth for any reasonable damages or losses,
resulting from Carrier's preparation and submission of service requests for
which it did not have proper End User authorization.
5. In the event that an End User successfully challenges billing which
resulted from local service requests submitted to BellSouth by Carrier under
this Blanket Agency Agreement, then Carrier will indemnify and hold harmless
BellSouth for any reasonable damages, losses, and costs, if any, arising from
BellSouth provisioning and maintenance of the End User's local service due to
errors in the ordering of said service by Carrier.
6. In the event that an End User disputes actions taken by Carrier as a
result of a submission by Carrier of a service request for disconnection or
termination of a previously submitted local service request for which it did not
have proper End User authorization, then Carrier will indemnify and hold
harmless BellSouth for any reasonable damages, losses, and costs, if any,
resulting from said dispute.
7. This Agreement shall continue in effect unless cancelled by prior
written notice by Carrier or BellSouth thirty (30) days' prior to the effective
date of cancellation. Cancellation shall not release or limit any matters
occurring prior to the cancellation of this Blanket Agency Agreement.
[Signed]
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