Exh. 10.1.35
----------
RECEIVED
MAR 9 2000
By________
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AGREEMENT
FOR LOCAL WIRELINE NETWORK INTERCONNECTION
AND
SERVICE RESALE
BETWEEN
AMERICAN TELEPHONE TECHNOLOGY, INC.
AND
U S WEST COMMUNICATIONS, INC.
FOR XXX XXXXX XX XXXXXXXXXX
XXX-000000-0000
[This agreement uses different types of print to indicate the origins of
different provisions. Plain language that is neither in italics nor bold
reflects: (1) language that U S WEST Communications, Inc. ("U S WEST") and AT&T
Communications of the Northwest, Inc. ("AT&T") agreed to in the interconnection
agreement that this Commission ordered on July 11, 1997 and that American
Telephone and Technology, Inc. ("ATTI") is opting into; or (2) language that U S
WEST and ATTI have agreed to. Language that is in bold refers to language that
this Commission ordered in the arbitration between U S WEST and AT&T and that
ATTI is opting into. Language that is in both bold and italics refers to
language that implements the Commission's decision issued in the Washington
arbitration between U S WEST and ATTI on February 24, 2000.
In the footnotes that appear in this agreement, "Commission Decision" refers to
the Commission's decision issued February 24, 2000. "AT&T Order" refers to the
Arbitrator's Report and Decision issued November 27, 1996 in the arbitration
between U S WEST and AT&T Communications of the Northwest, Inc.; "AT&T
Recommendations" refers to to the Arbitrator's Report and Decision issued June
6,1997 in the U S WEST/AT&T arbitration; and "AT&T Approval" refers to this
Commission's Order issued July 11, 1997 Modifying Arbitrator's Decision and
Arbitrator's Recommendations and Approving Interconnection Agreement with
Modifications."]
TABLE OF CONTENTS
CONTENTS
RECITALS ......................................................................1
SCOPE OF AGREEMENT ............................................................1
DEFINITIONS ...................................................................2
TERMS AND CONDITIONS .........................................................12
1. General Provisions ................................................12
2. Most Favored Nation Terms and Treatment ...........................13
3. Payment ...........................................................13
4. Taxes .............................................................14
5. Intellectual Property .............................................14
6. Severability ......................................................15
7. Responsibility for Environmental Contamination ....................15
8. Branding ..........................................................16
9. Independent Contractor Status .....................................17
10. Referenced Documents ..............................................18
11. Publicity and Advertising .........................................18
12. Executed in Counterparts ..........................................18
13. Headings Not Controlling ..........................................18
14. Joint Work Product ................................................19
15. Survival ..........................................................19
16. Effective Date ....................................................19
17. Amendment of Agreement ............................................19
18. Indemnification ...................................................19
19. Limitation of Liability ...........................................20
20. Term of Agreement .................................................21
21. Governing Law .....................................................21
22. Cancellation Charges ..............................................21
23. Regulatory Approvals ..............................................21
24. Compliance ........................................................22
25. Force Majeure .....................................................23
26. Escalation Procedures .............................................23
27. Dispute Resolution ................................................23
28. Nondisclosure .....................................................24
29. Notices ...........................................................26
30. Assignment ........................................................27
31. Warranties ........................................................27
32. Default ...........................................................27
33. Remedies ..........................................................28
34. Waivers ...........................................................29
35. No Third Party Beneficiaries ......................................29
36. Physical Security .................................................29
37. Network Security ..................................................30
38. Revenue Protection ................................................30
39. Law Enforcement Interface .........................................31
40. Collocation .......................................................31
42. Number Portability ................................................50
43. Dialing Parity ....................................................57
44. Directory Listings ................................................57
45. Directories .......................................................60
46. U S WEST Dex Issues ...............................................61
47. Access to Poles, Ducts, Conduits, and Rights of Way ...............61
48. Bona Fide Request Process for Further Unbundling ..................66
49. Audit Process .....................................................69
50. Miscellaneous Services ............................................70
51. Unused Transmission Media .........................................86
52. Service Standards .................................................88
53. Entire Agreement ..................................................90
54. Reservation of Rights .............................................91
ATTACHMENTS
Attachment 1 Rates and Charges
Attachment 2 Resale
Attachment 3 Unbundled Access/Elements
Attachment 4 Interconnection
Attachment 5 Business Process Requirements
Attachment 6 Electronic Interfaces
Attachment 7 Implementation Schedule
This Interconnection Agreement (this "Agreement") is made (1) by and
between American Telephone Technology, Inc., a Washington corporation ("ATTI"),
and U S WEST Communications, Inc., a Colorado corporation ("U S WEST"), to
establish the rates, terms and conditions for local interconnection, local
resale, and the purchase of unbundled network elements (individually referred to
as the "service" or collectively as the "services").
RECITALS
WHEREAS, pursuant to this Agreement, ATTI and U S WEST will extend certain
arrangements to one another within each LATA in which they both operate within
Washington. This Agreement is a combination of agreed terms and terms imposed by
arbitration under Section 252 of the Communications Act of 1934, as modified by
the Telecommunications Act of 1996, the rules and regulations of the Federal
Communications Commission (the "FCC"), and the orders, rules and regulations of
the Washington Utilities and Transportation Commission (the "Commission"); and
as such does not necessarily represent the position of either Party on any given
issue; and
WHEREAS, the Parties wish to interconnect their local exchange networks in
a technically and economically efficient manner for the transmission and
termination of calls, so that subscribers of each can seamlessly receive calls
that originate on the other's network and place calls that terminate on the
other's network, and for ATTI's use in the provision of exchange access ("Local
Interconnection"); and
WHEREAS, ATTI wishes to purchase Telecommunications Services for resale to
others, and U S WEST is willing to provide such services; and
WHEREAS, ATTI wishes to purchase on an unbundled basis Network Elements,
Ancillary Services and Functions and additional features separately or in any
Combination, and to use such services for itself or for the provision of its
Telecommunications Services to others, and U S WEST is willing to provide such
services;
Now, therefore, in consideration of the terms and conditions contained
herein, ATTI and U S WEST hereby mutually agree as follows:
SCOPE OF AGREEMENT
A. This Agreement specifies the rights and obligations of each Party with
respect to the purchase and sale of Local Interconnection, Local Resale and
Network Elements in the LATAs in Washington where U S WEST operates.
B. In the performance of their obligations under this Agreement, the
Parties shall act in good faith and consistently with the intent of the Act.
Where notice, approval or similar action by a Party is permitted or required by
any provision of this Agreement (including, without limitation, the obligation
of the Parties to further negotiate the resolution of new or open issues under
this Agreement) such action shall not be unreasonably delayed, withheld or
conditioned.
C. U S WEST will provide ATTI with at least the level of service quality
or performance of obligations under this Agreement as U S WEST provides itself
or any other Person with respect to all Telecommunications Services, Local
Interconnection, Services for Resale, and Network Elements as applicable and
shall provide such level of service quality or performance of service
obligations in accordance with the specific requirements agreed to in Attachment
5.
D. U S WEST shall provide to ATTI Services for Resale that are equal in
quality, subject to the same conditions (including the conditions in U S WEST's
effective tariffs which are not otherwise inconsistent with the terms and
conditions contained herein), within the same provisioning time intervals
----------
(1) Per AT&T Approval at page 14, paragraph 2 (This footnote is not applicable
to ATTI)
1
Part A
that U S WEST provides these services to itself, its Affiliates and others,
including end users, and in accordance with any applicable Commission service
quality standards, including standards the Commission may impose pursuant to
Section 252(e)(3) of the Act.
E. Each Network Element provided by U S WEST to ATTI shall be at least
equal in the quality of design, performance, features, functions, capabilities
and other characteristics, including, but not limited to, levels and types of
redundant equipment and facilities for power, diversity and security, that U S
WEST provides to itself, U S WEST's own subscribers, to a U S WEST Affiliate or
to any other entity.
F. The Parties agree to work jointly and cooperatively in testing and
implementing processes for pre-ordering, ordering, maintenance, provisioning and
billing and in reasonably resolving issues which result from such implementation
on a timely basis.
G. If a Party makes a change in its network which it believes will
materially affect the interoperability of its network with that of the other
Party, the Party making the change shall provide advance notice of such change
to the other Party in accordance with applicable FCC or Commission regulations.
H. In accordance with Section 251(c)(5) of the Act and the rules and
regulations established by the FCC and the Commission, the Parties shall provide
reasonable notice of changes in the information necessary for the transmission
and routing of services using that local exchange carrier's facilities or
network, as well as of any other changes that would affect the interoperability
of those facilities and networks.
I. Except as otherwise provided for in Section 8 of Attachment 2, U S WEST
shall not discontinue or refuse to provide any service required hereunder
without ATTI's prior written agreement in accordance with Section 17 of this
Part A of this Agreement, nor shall U S WEST reconfigure, reengineer or
otherwise redeploy its network in a manner which would materially impair ATTI's
ability to offer Telecommunications Services in the manner contemplated by this
Agreement, the Act or the FCC's rules and regulations. U S WEST agrees that all
obligations undertaken pursuant to this Agreement, including, without
limitation, performance standards, intervals, and technical requirements are
material obligations hereof and that time is of the essence.
DEFINITIONS
Certain terms used in this Agreement shall have the meanings set forth
herein or as otherwise elsewhere defined throughout this Agreement. Other terms
used but not defined herein will have the meanings ascribed to them in the Act
and the FCC's rules and regulations.
"911 Service" means a universal telephone number which gives the public direct
access to the Public Safety Answering Point (PSAP). Basic 911 service collects
911 calls from one or more local exchange switches that serve a geographic area.
The calls are then sent to the correct authority designated to receive such
calls.
"911 Site Administrator" is a person assigned by ATTI to establish and maintain
911 service location information for its subscribers.
"Access Services" refers to interstate and intrastate switched access and
private line transport services.
"Act" means the Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as
amended by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the FCC or by the
Commission.
2
Part A
"ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission technology
which transmits an asymmetrical digital signal using one of several transmission
methods (for example, carrier-less AM/PM discrete multi-tone, or discrete
wavelet multi-tone).
"Affiliate" is an entity, as defined in the Act, that directly or indirectly
owns or controls, is owned or controlled by, or is under common ownership or
control with, another entity. For the purposes of this Agreement, "own" or
"control" means to own an equity interest (or equivalent) of at least ten
percent (10%), or the right to control the business decisions, management and
policy of another entity performing any of the obligations set forth in this
Agreement.
"AIN" (Advanced Intelligent Network) is a network functionality that permits
specific conditions to be programmed into a switch which, when met, directs the
switch to suspend call processing and to receive special instructions for
further call handling instructions in order to enable carriers to offer advanced
features and services.
"AIN Services" means architecture and configuration of the AIN Triggers within
the SCP as developed and/or offered by U S WEST to its customers.
"ALI" (Automatic Location Identification) is a database developed for E911
systems that provides for a visual display of the caller's telephone number and
address, and the names of the emergency response agencies responsible for that
address. The ALI also shows an Interim Number Portability (INP) number, if
applicable.
"ALI/DMS" (Automatic Location Identification/Data Management System) means the
emergency service (E911/911) database containing subscriber location information
(including name, address, telephone number, and sometimes special information
from the local service provider) used to determine to which Public Safety
Answering Point (PSAP) to route the call.
"AMA" means the Automated Message Accounting structure that initially records
telecommunication message information. AMA format is contained in the Automated
Message Accounting document, published by Bellcore as GR-1100-CORE, which
defines the industry standard for message recording.
"Ancillary Services" or "Ancillary Functions" means, collectively, the
following: (1) Collocation as described in Section 40 of this Part A of this
Agreement; (2) access to poles, ducts, conduits and rights of way as described
in Section 47 of this Part A of this Agreement; (3) unused transmission media as
described in Section 51 of this Part A of this Agreement; (4) Directory Listings
as described in Section 44 of this Part A of this Agreement; (5) E911 as
described in Section 50.1 of this Part A of this Agreement; (6) Directory
Assistance Service as described in Section 50.2 of this Part A of this
Agreement; (7) Operator Services as described in Section 50.3 of this Part A of
this Agreement; (8) Directory Assistance and Listings services requests as
described in Section 50.4 of this Part A of this Agreement; and (9) directory
assistance data as described in Section 50.5 of this Part A of this Agreement.
"ANI" (Automatic Number Identification) is a feature that identifies and
displays the number of a telephone that originates a call.
"ARS" (Automatic Route Selection) is a service feature that provides for
automatic selection of the least expensive or most appropriate transmission
facility for each call based on criteria programmed into the system.
"ASR" (Access Service Request) means the industry standard forms and supporting
documentation used for ordering Access Services. The ASR may be used to order
trunking and facilities between ATTI and U S WEST for Local Interconnection.
3
Part A
"BLV/BLI" (Busy Line Verify/Busy Line Interrupt) means an operator call in which
the end user inquires as to the busy status of, or requests an interruption of,
a telephone call.
"Business Day" means any day Monday through Friday except for mutually agreed to
holidays.
"CABS" means the Carrier Access Billing System which is defined in a document
prepared by the Billing Committee of the OBF. The Carrier Access Billing System
document is published by Bellcore in Volumes 1, 1A, 2, 3, 3A, 4 and 5 as Special
Reports SR-OPT-001868, SR-OPT-0011869, SR-OPT-001871, SR-OPT-001872,
SR-OPT-001873, SR-OPT-001874, and SR-OPT-001875, respectively, and contains the
recommended guidelines for the billing of access and other connectivity
services.
"Calling Party Number" or "CPN" is a CCS parameter which refers to the number
transmitted through a network identifying the calling party.
"CCS" (Common Channel Signaling) means a method of digitally transmitting call
set-up and network control data over a digital signaling network fully separate
from the public switched telephone network that carries the actual call.
"Central Office Switch" means a switch used to provide Telecommunications
Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer station
loops for the purpose of interconnecting to each other and to
trunks;
(b) "Tandem Office Switches" which are used to connect and switch trunk
circuits between and among other Central Office Switches. Access
tandems provide connections for exchange access and toll traffic
while local tandems provide connections for local/EAS traffic; or
(c) Combination End Office/Tandem Office Switches.
"Centrex", including Centrex Plus, means a Telecommunications Service that uses
central office switching equipment for call routing to handle direct dialing of
calls and to provide numerous private branch exchange-like features.
"Charge Number" is a CCS parameter which refers to the number transmitted
through the network identifying the billing number of the calling party.
"CLASS" (Bellcore Service Xxxx) is a set of call-management service features
that utilize the capability to forward a calling party's number between end
offices as part of call setup. Features include Automatic Callback, Automatic
Recall, Caller ID, Call Trace, and Distinctive Ringing.
"Combinations" means provision by U S WEST of two or more connected Network
Elements ordered by ATTI to provide its Telecommunication Services in a
geographic area or to a specific subscriber and that are placed on the same or
related order by ATTI, subject to restrictions, if any, imposed by the
Commission.
"Commission" means the Washington Utilities and Transportation Commission.
"Competitive Local Exchange Carrier" or "CLEC" means an entity authorized to
provide Local Exchange Service that does not otherwise qualify as an incumbent
LEC.
"Conduit" means a tube or protected pathway that may be used to house
communication or electrical cables. Conduit may be underground or above ground
(for example, inside buildings) and may contain one or more innerducts.
4
Part A
"Confidential Information" has the meaning set forth in Section 28 of Part A of
this Agreement.
"Contract Year" means a twelve (12) month period during the term of this
Agreement commencing on the Effective Date and each anniversary thereof.
"Control Office" is an exchange carrier center or office designated as its
company's single point of contact for the provisioning and maintenance of its
portion of local interconnection arrangements.
"Custom Calling Features" is a set of call-management service features available
to residential and business subscribers including call-waiting, call-forwarding
and three-party calling.
"Customer" means a third-party (residence or business) that subscribes to
Telecommunications Services provided by either of the Parties.
"DBMS" (Database Management System) is a computer system used to store, sort,
manipulate and update the data required to provide, for example, selective
routing and ALI.
"Databases" are the Network Elements that provide the functionality for storage
of, access to, and manipulation of information required to offer a particular
service and/or capability. Databases include, but are not limited to: Number
Portability, LIDB, Toll Free Number Database, Automatic Location
Identification/Data Management System, and AIN.
"Digital Signal Level" means one of several transmission rates in the time
division multiplexing hierarchy, including, but not limited to:
"Digital Signal Level 0" or "DS-0" means the 56 or 64 Kbps zero-level
signal in the time-division multiplex hierarchy.
"Digital Signal Level 1" or "DS-1" means the 1.544 Mbps first-level signal
in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS-1 is the initial level
of multiplexing.
"Digital Signal Level 3" or "DS-3" means the 44.736 Mbps third-level in
the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS-3 is defined as the third level of
multiplexing.
"Directory Assistance Database" refers to any set of subscriber records used by
U S WEST in its provision of live or automated operator-assisted directory
assistance including, but not limited to, 411, 555-1212, NPA-555-1212.
"Directory Assistance Service" provides Listings to callers. Directory
Assistance Service may include the option to complete the call at the callers
direction.
"Directory Listings" or "Listings" refers to subscriber information, including,
but not limited to, name, address and phone numbers, in Directory Assistance
Services or directory products.
"Discloser" means that Party to this Agreement which has disclosed Confidential
Information to the other Party.
"E911" (Enhanced 911 Service) means a telephone communication service which will
automatically route a call dialed "911" to a designated Public Safety Answering
Point (PSAP) attendant and will provide to the attendant the calling party's
telephone number and, when possible, the address from which the call is being
placed, and the emergency response agencies responsible for the location from
which the call was dialed.
5
Part A
"E911 Message Trunk" is a dedicated line, trunk or channel between two central
offices or switching devices which provides a voice and signaling path for E911
calls.
"EAS" (Extended Area Service) is intraLATA traffic treated as "local" traffic
between exchanges (rather than as "toll" traffic) as established by the
Commission and as reflected in the effective U S WEST tariffs.
"Effective Date" is the date the Commission approves this Agreement.
"Emergency Response Agency" is a governmental entity authorized to respond to
requests from the public to meet emergencies.
"EMR" means the Exchange Message Record System used among LECs for exchanging
telecommunications message information for billable, non-billable, sample,
settlement and study data. EMR format is contained in BR-010-200-010 XXXX
Exchange Message Record, published by Bellcore, which defines the industry
standard for exchange message records.
"ESN" (Emergency Service Number) is a number assigned to the ALI and selective
routing databases for all subscriber telephone numbers. The ESN designates a
unique combination of fire, police and emergency medical service response
agencies that serve the address location of each in-service telephone number.
"FCC" means the Federal Communications Commission.
"FCC Interconnection Order" is the Federal Communications Commission's First
Report and Order in FCC Docket No. 96-98 released August 8, 1996, as effective.
"Fiber-Meet" means an Interconnection architecture method whereby the Parties
physically interconnect their networks via an optical fiber interface (as
opposed to an electrical interface) at a mutually agreed upon location.
"Gateway" (ALI Gateway) is a telephone company computer facility that interfaces
with ATTI's 911 administrative site to receive ALI data from ATTI. Access to the
Gateway will be via a dial-up modem using a common protocol.
"HDSL" (High-Bit Rate Digital Subscriber Line) means a two-wire or four-wire
transmission technology which typically transmits a DS1-level signal (or, higher
level signals with certain technologies), using, for example, 2 Binary / 1
Quartenary ("2B1Q").
"IDLC" (Integrated Digital Loop Carrier) means a digital subscriber loop carrier
system which interfaces with the switch digitally at a DS1 (1.544Mbps) or higher
level.
"ILEC" means an incumbent local exchange carrier.
"Information Service Traffic" means traffic which originates on a local access
line and which is addressed to an information service provider.
"INP" (Interim Number Portability) is a service arrangement whereby subscribers
who change local service providers may retain existing telephone numbers with
minimal impairment of quality, reliability, or convenience when remaining at
their current location or changing their location within the geographic area
served by the initial carrier's serving central office.
"Interconnection" is as described in the Act and refers to the connection of
separate pieces of equipment, facilities, or platforms between or within
networks for the purpose of transmission and routing of telephone exchange
service traffic and exchange access traffic.
6
Part A
"ISDN" (Integrated Services Digital Network) means a switched network service
that provides end-to-end digital connectivity for the simultaneous transmission
of voice and data. Basic Rate Interface-ISDN (BRI-ISDN) provides for a digital
transmission of two 64 Kbps bearer channels and one 16 Kbps data channel (2B+D).
Primary Rate Interface-ISDN (PRI-ISDN) provides for a digital transmission of
twenty-three (23) 64 Kbps bearer channels and one 64 Kbps data channel (23B+D).
"IXC" (Interexchange Carrier) means a provider of interexchange
Telecommunications Services.
"LATA" means Local Access Transport Area.
"LEC" means local exchange carrier.
"LIDB" (Line Information Data Base(s)) is an SCP database that provides for such
functions as calling card validation for telephone line number cards issued by
LECs and other entities and validation for collect and billed-to-third-party
services.
"Local Interconnection" shall have the meaning set forth in the Recitals to this
Agreement.
"Local Resale", "Services for Resale" or "Resale Services" means, collectively,
Telecommunications Services and service functions provided by U S WEST to ATTI
pursuant to Attachment 2 of this Agreement.
"Local Traffic" is intraLATA traffic within an exchange that is treated as toll
free traffic as established by the Commission and as reflected in the effective
tariffs of U S WEST.
"Loop" is a transmission facility between a distribution frame, or its
equivalent, in a U S WEST central office or wire center, and the Network
Interface Device (as defined herein) or network interface at a subscriber's
premises, to which ATTI is granted exclusive use. This includes, but is not
limited to, two-wire and four-wire analog voice-grade loops, and two-wire and
four-wire loops that are conditioned to transmit the digital signals needed to
provide ISDN, ADSL, HDSL, and DS-1 level signals. A Loop may be composed of the
following components:
Loop Concentrator / Multiplexer
Loop Feeder
Network Interface Device (NID)
Distribution
"Main Distribution Frame" or "MDF" means the distribution frame of the Party
providing the Loop used to interconnect cable pairs and line and trunk equipment
terminals on a switching system or transmission facility.
"MECAB" refers to the Multiple Exchange Carrier Access Billing (MECAB) document
prepared by the Billing Committee of the OBF, which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS). The MECAB document, published by Bellcore as Special
Report SR-BDS-000983, contains the recommended guidelines for the billing of an
Access Service provided by two or more LECs (including a LEC and a CLEC), or by
one LEC in two or more states within a single LATA.
"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 OBF,
which functions under the auspices of the Carrier Liaison Committee (CLC) of the
Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document,
published by Bellcore as Special Report SR STS-002643, establishes recommended
guidelines for
7
Part A
processing orders for Access Service which is to be provided by two or more LECs
(including a LEC and a CLEC). It is published by Bellcore as SRBDS 00983.
"Meet-Point Billing" or "MPB" refers to an arrangement whereby two LECs
(including a LEC and ATTI) jointly provide Switched Access Service to an
Interexchange Carrier, with each LEC (or ATTI) receiving an appropriate share of
the access element revenues.
"Mid-Span Meet" is a Point of Interconnection between two networks, designated
by two Telecommunications Carriers, at which one carrier's responsibility for
service begins and the other carrier's responsibility ends.
"MSAG" (Master Street Address Guide) is a database defining the geographic area
of an E911 service. It includes an alphabetical list of the street names,
high-low house number ranges, community names, and emergency service numbers
provided by the counties or their agents to U S WEST.
"NANP" (North American Numbering Plan) means the numbering plan used in the
United States that also serves Canada, Bermuda, Puerto Rico and certain
Caribbean Islands. The NANP format is a 10-digit number that consists of a
3-digit NPA code (commonly referred to as the area code), followed by a 3-digit
NXX code and 4-digit line number.
"NENA" (National Emergency Number Association) is an association with a mission
to xxxxxx the technological advancement, availability and implementation of 911
nationwide
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service including all features, functions and capabilities
embedded in such facility or equipment.(2)
"NP" (Number Portability) means the use of the Location Routing Number (LRN)
database solution to provide fully transparent NP for all subscribers and all
providers without limitation.
"NPA" (Numbering Plan Area) (sometimes referred to as an area code) is the three
digit indicator which is designated by the first three digits of each 10-digit
telephone number within the NANP. Each NPA contains 792 possible NXX Codes.
There are two general categories of NPA, "Geographic NPAs" and "Non-Geographic
NPAs." A "Geographic NPA" is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within
that geographic area. A "Non-Geographic NPA," also known as a "Service Access
Code (SAC Code)" is typically associated with a specialized Telecommunications
Service which may be provided across multiple geographic NPA areas; 500, 800,
900, 700, and 888 are examples of Non-Geographic NPAs.
"NXX" means the fourth, fifth and sixth digits of a ten-digit telephone number
within the NANP.
"OBF" means the Ordering and Billing Forum, which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS).
"Operator Services" includes, but is not limited to, (1) operator handling for
call completion (e.g., collect calls); (2) operator or automated assistance for
billing after the subscriber has dialed the called number (e.g., credit card
calls); and (3) special services (e.g., BLV/BLI, emergency agency call).
"Operator Systems" is the Network Element that provides operator and automated
call handling with billing, special services, subscriber telephone listings, and
optional call completion services.
----------
(2) Per AT&T Order at page 10, Issue 18.
8
Part A
"P.01 Transmission Grade of Service" (GOS) means a trunk facility provisioning
standard with the statistical probability of no more than one call in 100
blocked on initial attempt during the average busy hour.
"PLU" (Percent Local Usage) is a calculation which represents the ratio of the
local minutes to the sum of local and intraLATA toll minutes between exchange
carriers sent over Local Interconnection trunks. Directory assistance, BLV/BLI,
900, 976, transiting calls from other exchange carriers and switched access
calls are not included in the calculation of PLU.
"Party" means either U S WEST or ATTI and "Parties" means U S WEST and ATTI.
"Person" means, collectively, an Affiliate, subsidiary, Customer, end user and
subscriber of U S WEST.
"POI" (Point of Interconnection) means the physical point that establishes the
technical interface, the test point, where applicable, and the operational
responsibility hand-off between ATTI and U S WEST for the local interconnection
of their networks for the mutual exchange of traffic.
"Point of Interface" is the physical point where ATTI hands off transmission
media to the U S WEST provided entrance facility associated with a collocation
arrangement for the purpose of connecting the entrance facility to some point
located within U S WEST's premises.
"Pole Attachment" means the connection of a facility to a utility pole. Some
examples of facilities are mechanical hardware, grounding and transmission
cable, and equipment boxes.
"POP" means an IXC's point of presence.
"Port" means a termination on a Central Office Switch that permits Customers to
send or receive Telecommunications Services over the public switched network,
including switch features or switching functionality.(3)
"Premium Listing", such as additional, foreign, cross reference, informational,
non-listed, privacy, etc., are as described in the U S WEST general exchange
listing tariff.
"Primary Listing" (for example, main list, additional main, joint user, client
main list or answering service list) shall mean the one appearance of an end
user telephone subscriber's main telephone number and other content such as name
and address, which each ATTI residence or business subscriber is entitled to
receive in the white pages directory published by U S WEST Dex at no charge from
U S WEST Communications. Where U S WEST business end users are entitled to
receive a courtesy Listing in the yellow pages section of any directory
published on U S WEST's behalf, ATTI's business customers will receive the same
entitlement.
"Proprietary Information" shall have the same meaning as Confidential
Information.
"PSAP" (Public Safety Answering Point) is the public safety communications
center where 911 calls placed by the public for a specific geographic area will
be answered.
"Rate Center" means the geographic point and corresponding geographic area which
are associated with one or more particular NPA-NXX codes which have been
assigned to U S WEST or ATTI for its provision of basic exchange
Telecommunications Services. The "Rate Center Point" is the finite geographic
point identified by a specific V&H coordinate, which is used to measure
distance-sensitive end user traffic to/from the particular NPA-NXX designations
associated with the specific Rate Center. The "Rate Center Area" is the
exclusive geographic area identified as the area within which U S WEST or ATTI
will provide
----------
(3) Per AT&T Order at page 10, Issue 18.
9
Part A
basic exchange Telecommunications Services bearing the particular NPA-NXX
designations-associated with the specific Rate Center. The Rate Center Point
must be located within the Rate Center Area.
"Rating Point" means the point at which transport mileage is calculated for the
termination of calls. Each Party shall establish its own Rating Point(s) for its
own services.
"Real Time" means the actual time in which an event takes place, with the
reporting on or the recording of the event simultaneous with its occurrence.
"Recipient" means that Party to this Agreement (1) to which Confidential
Information has been disclosed by the other Party, or (2) who has obtained
Confidential Information in the course of providing services under this
Agreement.
"Reseller" is a category of Telecommunications Services providers who obtain
Telecommunications Services from another provider through the purchase of
wholesale priced services for resale to their end user subscribers.
"Routing Point" means a location which U S WEST or ATTI has designated on its
own network as the homing (routing) point for traffic inbound to basic exchange
Telecommunications Services provided by U S WEST or ATTI 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. Pursuant to Bellcore Practice BR 000-000-000, the Routing Point
may be an "End Office" location, or a "LEC Consortium Point of Interconnection."
Pursuant 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 by any alphanumeric A-Z or 0-9. The Routing
Point need not be the same as the Rate Center Point, nor must it be located
within the Rate Center Area, but must be in the same LATA as the NPA-NXX.
"ROW" (Right of Way) means the right to use the land or other property owned,
leased, or controlled by another party to place poles, conduits, cables, other
structures and equipment, or to provide passage to access such structures and
equipment. A ROW may run under, on, or above public or private property
(including air space above public or private property) and may include the right
to use discrete space in buildings, building complexes or other locations.
"SAG" (Street Address Guide) is a database containing an alphabetical list of
street names, high-low house number ranges, descriptive addresses, community
names, tax codes, subscriber names, telephone numbers, NXXs, central office
names, CLLI and other information maintained by U S WEST.
"SCP" (Service Control Point) is a specific type of Database Network Element
functionality deployed in a Signaling System 7 (SS7) network that executes
service application logic in response to SS7 queries sent to it by a switching
system also connected to the SS7 network. SCPs also provide operational
interfaces to allow for provisioning, administration and maintenance of
subscriber data and service application data (e.g., a toll free database stores
subscriber record data that provides information necessary to route toll free
calls).
"SECAB" means the Small Exchange Carrier Access Billing document prepared by the
Billing Committee of the OBF. The Small Exchange Carrier Access Billing
document, published by Bellcore as Special Report SR OPT-001856, contains the
recommended guidelines for the billing of access and other connectivity
services.
"Selective Routing" is a service which automatically routes an E911 call to the
PSAP that has jurisdictional responsibility for the service address of the
telephone from which 911 is dialed, irrespective of telephone company exchange
or wire center boundaries.
10
Part A
"STPs" (Signaling Transfer Points) provide functionality that enable the
exchange of SS7 messages among and between switching elements, database elements
and Signaling Transfer Points.
"Switch" -- See Central Office Switch.
"Switched Access", "Switched Access Service", "Switched Exchange Access Service"
or "Switched Access Traffic" are as defined in the Parties' applicable tariffs.
"Tandem Office Switches" are Class 4 switches which are used to connect and
switch trunk circuits between and among End Office Switches and other tandems.
"Tariff Services" as used throughout this Agreement refers to the applicable
Party's interstate tariffs and state tariffs, price lists, price schedules and
catalogs.
"Technically Feasible" refers solely to technical or operational concerns,
rather than economic, space, or site considerations, in accordance with the
rules and regulations of the FCC and the Commission.
"Telecommunications" means the transmission, between or among points specified
by the user, of information of the user's choosing, without change in the form
or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services,
except that such term does not include aggregators of Telecommunications
Services (as defined in Section 226 of the Act). A Telecommunications Carrier
shall be treated as a common carrier under the Act only to the extent that it is
engaged in providing Telecommunications Services, except that the Commission
shall determine whether the provision of fixed and mobile satellite service
shall be treated as common carriage.
"Telecommunications Services" means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Toll Traffic" is traffic that originates in one Rate Center and terminates in
another Rate Center with the exception of traffic that is rated as EAS.
"Transit Service" provides the ability for a Telecommunications Carrier to use
its connection to a local or access tandem for delivery of calls that originate
with a Telecommunications Carrier and terminate to a company other than the
tandem company, such as another CLEC, an existing LEC, or a wireless carrier. In
these cases, neither the originating nor terminating end user is a customer of
the tandem Telecommunications Carrier. The tandem Telecommunications Carrier
will accept traffic originated by a Party and will terminate it at a Point of
Interconnection with another local, intraLATA or interLATA network
Telecommunications Carrier. This service is provided through local and access
tandem switches.
"Transit Traffic" is any traffic, other than Switched Access Traffic, that
originates from one Telecommunications Carrier's network, transits another
Telecommunications Carrier's network, and terminates to yet another
Telecommunications Carriers network.
"TRCO" means Trouble Reporting Control Office.
"U S WEST" means U S WEST Communications, Inc. and any Affiliates, subsidiary
companies or other entities performing any of the obligations of U S WEST set
forth in this Agreement.
11
Part A
"Voluntary Federal Subscriber Financial Assistance Programs" are
Telecommunications Services provided to low-income subscribers, pursuant to
requirements established by the appropriate federal or state regulatory body.
"Wire Center" denotes, for the purposes of collocation, a building or space
within a building, that serves as an aggregation point on a given carriers
network, where transmission facilities and circuits are connected or switched.
Wire Center can also denote a building where one or more central offices, used
for the provision of Telecommunications Services and Access Services, are
located. Wire Center shall mean those points eligible for such connections as
specified in FCC Docket No. 91-141, and rules adopted pursuant thereto.
TERMS AND CONDITIONS
1. General Provisions
1.1 Each Party is individually responsible to provide facilities within
its network which are necessary for routing, transporting,
measuring, and billing traffic from the other Party's network and
for delivering such traffic to the other Party's network in the
standard format compatible with ATTI's network and to terminate the
traffic it receives in that standard format or the proper address on
its network. The Parties are each solely responsible for
participation in and compliance with national network plans,
including the National Network Security Plan and the Emergency
Preparedness Plan.
1.2 Neither Party shall impair the quality of service to other carriers
or to either Party's Customers, and each Party may discontinue or
refuse service if the other Party violates this provision. Upon such
violation, either Party shall provide the other Party notice of such
violation, at the earliest practicable time.
1.3 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
1.3.1 The Parties recognize that equipment vendors may manufacture
telecommunications equipment that does not fully incorporate
and may deviate from industry standards referenced in this
Agreement. Due to the manner in which individual equipment
manufacturers have chosen to implement industry standards into
the design of their products, along with differing vintages of
individual facility components and the presence of embedded
technologies predating current technical standards, some of
the individual facility components deployed within U S WEST's
network, including, without limitation, Network Elements and
associated business processes and the standards associated
with the equipment providing such Network Elements
(collectively, "Network Components"), may not adhere to all
the specifications set forth and described in the Bellcore,
ANSI, ITU and other technical and performance standards
outlined in this Agreement. Within forty-five (45) days after
the Effective Date of this Agreement, the Parties will develop
processes by which U S WEST will inform ATTI of deviations or
planned deviations, and the implementation date of such
planned deviations, from standards referenced in this
Agreement for Network Components that may be ordered by ATTI.
In addition, the Parties agree that those deviations from such
standards documented by U S WEST to ATTI shall, to the extent
permitted by FCC and Commission rules and regulations,
supersede sections of this Agreement referencing technical
standards otherwise applicable for the affected Network
Elements.
12
Part A
1.3.2 US WEST agrees that in no event shall it intentionally allow
any Network Component provided by U S WEST to ATTI under this
Agreement to perform below the standards or deviations
therefrom reflected in Section 1.3.1, except where requested
by ATTI. U S WEST shall minimize any degradation to its
equipment relative to currently applicable service, where
reasonable in view of industry adopted performance standards
and technological developments. Written notice (the "Change
Notice") of any planned changes in standards for any Network
Component which could impact that Network Component will be
provided at least ninety (90) days (or at the make/buy point)
prior to the planned implementation. If ATTI notifies U S WEST
of how the proposed change may adversely impact ATTI or its
Customers within fourteen (14) calendar days after receipt of
U S WEST's Change Notice, U S WEST and ATTI will schedule
joint discussions to address and attempt to resolve the
matter, including without limitation consideration of proposed
alternatives. In addition, if U S WEST learns that any Network
Component purchased by ATTI under this Agreement has been
permitted (even if not intentionally) to fall materially below
the level or specification in effect as of the Effective Date
of this Agreement, U S WEST shall inform ATTI immediately.
1.3.3 The Parties recognize that providing a number of the services
specified in this Agreement depends upon the "technical
feasibility" of providing that service, as that term is
defined under the Act and/or by FCC or Commission rules and
decisions. If the Parties cannot agree on whether providing a
service is technically feasible, the matter, including cost
and expenses (if any), shall be resolved through good faith
negotiation or the dispute resolution process outlined in this
Agreement.
2. Most Favored Nation Terms and Treatment
2.1 Until such time as there is a final court determination interpreting
Section 252(i) of the Act, U S WEST shall make available to ATTI the
terms and conditions of any other agreement for Interconnection,
unbundled Network Elements and resale services approved by the
Commission under Section 252 of the Act, in that agreement's
entirety. After there is a final court determination interpreting
Section 252(i) of the Act, the Parties agree to revise this Section
2.1 to reflect such interpretation.
3. Payment
3.1 In consideration of the services provided by US WEST under this
Agreement, ATTI shall pay the charges set forth in Attachment 1 to
this Agreement. The billing procedures for charges incurred by ATTI
hereunder are set forth in Attachment 5 to this Agreement.
3.2 Amounts payable under this Agreement, unless reasonably disputed,
are due and payable within thirty (30) days after the date of U S
WEST's invoice or within twenty (20) days after receipt of the
invoice, whichever is later. If the payment due date is not a
Business Day, the payment shall be made the next Business Day.
3.3 A late payment charge of 1.5% applies to all billed balances, not
reasonably disputed, which are not paid within the applicable time
period set forth in Section 3.2 above. To the extent ATTI pays the
billed balance on time, but the amount of the billed balance is
reasonably disputed by ATTI, and, it is later determined that a
refund is due ATTI, interest shall be payable on the refunded amount
in the amount of 1.5% per month. To the extent ATTI pays the billed
balance on time, but the amount of the billed balance is
13
Part A
reasonably disputed by ATTI, and, it is later determined that no
refund is due ATTI, no interest shall be payable on the disputed
amount.
3.4 Late payment charges shall not be used as a "credit" to a deposit,
if any, without the express approval of U S WEST.
3.5 Unless specified otherwise in this Agreement, U S WEST shall xxxx
all amounts due from ATTI for each resold service in accordance with
the terms and conditions as specified in the U S WEST tariff.
4. Taxes
4.1 Any federal, state or local excise, sales, or use taxes (excluding
any taxes levied on income) resulting from the performance of this
Agreement shall be borne by the Party upon which the obligation for
payment is imposed under applicable law, even if the obligation to
collect and remit such taxes is placed upon the other Party. Any
such taxes shall be shown as separate items on applicable billing
documents between the Parties. The Party so obligated to pay any
such taxes may contest the same in good faith, at its own expense,
and shall be entitled to the benefit of any refund or recovery,
provided that such Party shall not permit any lien to exist on any
asset of the other Party by reason of the contest. The Party
obligated to collect and remit taxes shall cooperate fully in any
such contest by the other Party by providing records, testimony and
such additional information or assistance as may reasonably be
necessary to pursue the contest. To the extent a sale is claimed to
be for resale tax exemption, the purchasing Party shall furnish the
providing Party a proper resale tax exemption certificate as
authorized or required by statute or regulation by the jurisdiction
providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being
available to the purchasing Party during the applicable reporting
period.
5. Intellectual Property
5.1 Obligations of Party Requesting Access. As a condition to the access
or use of patents, copyright, trade secrets, and other intellectual
property (including software) owned or controlled by a third party
to the extent necessary to implement this Agreement or specifically
required by the then applicable federal and state rules and
regulations relating to Interconnection and access to
telecommunications facilities and services ("Third Party
Intellectual Property"), the Party providing access may require the
other, upon written notice from time to time, to obtain a license or
permission for such access or use of Third Party Intellectual
Property, make all payment, if any, in connection with obtaining
such license, and provide evidence of such license.
5.2 Obligations of Party Providing Access. The Party providing access
shall provide a list of all known and necessary Third Party
Intellectual Property applicable to the other Party, and take all
necessary and appropriate steps to facilitate the negotiation of any
mandatory licenses. The treatment of third party licenses shall be
in accordance with FCC rules and regulations and/or judicial
determinations.
5.3 Any intellectual property jointly developed in the course of
performing this Agreement shall belong to both Parties who shall
have the right to grant non-exclusive licenses to third parties
except as otherwise designated in writing by one Party to another.
Any intellectual property which originates from or is developed by a
Party shall remain in the exclusive ownership of that Party. Except
for a limited license to use patents or copyrights to the extent
necessary for the Parties to use any facilities or equipment
14
Part A
(including software) or to receive any service solely as provided
under this Agreement, no license in patent, copyright, trademark or
trade secret, or other proprietary or intellectual property
presently or hereafter owned, controlled or licensable by a Party,
is granted to the other Party or shall be implied or arise by
estoppel.
6. Severability
6.1 In the event that any one or more of the provisions contained herein
shall for any reason be held to be unenforceable or invalid in any
respect under law or regulation, the Parties will negotiate in good
faith for replacement language. If any part of this Agreement is
held to be invalid or unenforceable for any reason, such invalidity
or unenforceability will affect only the portion of this Agreement
which is invalid or unenforceable. In all other respects this
Agreement will stand as if such invalid or unenforceable provision
had not been a part hereof, and the remainder of this Agreement
shall remain in full force and effect.
7. Responsibility for Environmental Contamination
7.1 ATTI shall in no event be liable to U S WEST for any costs
whatsoever resulting from the presence or release of any
environmental hazard ATTI did not introduce to the affected work
location. U S WEST shall, at ATTI's request, indemnify, defend, and
hold harmless ATTI, and each of its officers, directors and
employees from and against any losses, damages, claims, demands,
suits, liabilities, fines, penalties and expenses (including
reasonable attorneys' fees) arising out of or resulting from (a) any
environmental hazard U S WEST, its contractors or agents introduce
to the work location, or (b) the presence or release of any
environmental hazard for which U S WEST is responsible under
applicable law.
7.2 U S WEST shall in no event be liable to ATTI for any costs
whatsoever resulting from the presence or release of any
environmental hazard U S WEST did not introduce to the affected work
location. ATTI shall, at U S WEST's request, indemnify, defend, and
hold harmless U S WEST, and each of its officers, directors and
employees from and against any losses, damages, claims, demands,
suits, liabilities, fines, penalties and expenses (including
reasonable attorneys' fees) arising out of or resulting from (a) any
environmental hazard ATTI, its contractors or agents introduce to
the work location, or (b) the presence of release of any
environmental hazard for which ATTI is responsible under applicable
law.
7.3 In the event any suspect materials within U S WEST-owned, operated
or leased facilities are identified to be asbestos-containing, ATTI
will ensure that, to the extent any activities which it undertakes
in the facility disturb such suspect materials, such ATTI activities
will be in accordance with applicable local, state and federal
environmental and health and safety statutes and regulations. Except
for abatement activities undertaken by ATTI or equipment placement
activities that result in the generation of asbestos containing
material, ATTI shall not have any responsibility for managing, nor
be the owner of not have any liability for, or in connection with,
any asbestos containing material. U S WEST agrees to immediately
notify ATTI if U S WEST undertakes any asbestos control or asbestos
abatement activities that potentially could affect ATTI equipment or
operations, including, but not limited to, contamination of
equipment.
7.4 Each Party will be solely responsible, at its own expense, for
proper handling, storing, transport and disposal of all (a)
substances or materials that it or its contractors or agents bring
to, create or assume control over at work locations, or (b) waste
resulting therefrom
15
Part A
or otherwise generated in connection with its or its contractors' or
agents' activities at the work locations.
8. Branding
8.1 Where operator, call completion, or director assistance service is
part of the service or service package U S WEST offers for resale,
they should be provided upon request in an unbranded status at no
additional cost, unless U S WEST proves to the Commission that it
lacks the capability to comply with the unbranding request. If U S
WEST meets its burden of proof, U S WEST is relieved of its duty to
comply with the request for unbranding.(4)
8.2 When ATTI requests branding as its own service or unbranding of a
service other than operator, call completion, or directory
assistance service, ATTI shall pay for the cost of that branding or
unbranding, unless U S WEST proves to the Commission that it lacks
the capability to comply with the unbranding request. If U S WEST
meets its burden of proof, U S WEST is relieved of its duty to
comply with the request for branding or unbranding.(5)
8.3 For those services during the provision of which U S WEST interacts
with ATTI Customers, and which services are the subject matter of
this Agreement, U S WEST shall, at ATTI's sole discretion, brand any
and all such services at all points of subscriber contact
exclusively as ATTI service, or otherwise as ATTI may specify, or
such service shall be provided with no brand as ATTI shall
determine, except as provided below with respect to uniforms and
vehicles. U S WEST may not unreasonably interfere with branding by
ATTI.(6)
8.4 Branding includes front-end branding, back-end branding, and
unbranding to be determined by ATTI. ATTI shall have the option of
providing its own branding materials.(7)
8.5 ATTI shall provide the exclusive interface to ATTI subscribers
except as ATTI shall otherwise specify. U S WEST shall inform ATTI
Customers that resold repair and maintenance service is being
provided on behalf of ATTI.(8)
8.6 Except as otherwise specifically provided herein, all forms,
business cards or other business materials furnished by U S WEST to
ATTI subscribers shall be provided by ATTI unless otherwise agreed
by ATTI in its sole discretion, in which case, any such subscriber
materials shall be subject to ATTI's prior review and approval.(9)
----------
(4) Per AT&T Recommendations at pages 5-6, Issues 29-32.
(5) Per AT&T Recommendations at page 6, Issues 29-32.
(6) Per AT&T Recommendations at page 6, Issues 29-32.
(7) Per AT&T Recommendations at page 6, Issues 29-32.
(8) Per AT&T Recommendations at page 6, Issues 29-32.
(9) Per AT&T Recommendations at page 6, Issues 29-32.
16
Part A
8.7 U S WEST is not required to remove the U S WEST brand from services
offered by U S WEST to its Customers except as otherwise required by
this Agreement.(10)
8.8 U S WEST will not be required to rebrand uniforms and vehicles.(11)
8.9 U S WEST shall inform ATTI customers that resold repair and
maintenance is being provided on behalf of ATTI. ATTI shall prepare
the printed material that provides information about ATTI's service
that U S WEST employees leave with ATTI customers in association
with repair and maintenance calls.(12)
8.10 US WEST shall provide, for ATTI's review, the methods and
procedures, training and approaches to be used by U S WEST to assure
that U S WEST meets ATTI's branding requirements.
8.11 This Section 8 shall confer on U S WEST no rights to the service
marks, trademarks and trade names owned by or used in connection
with services by ATTI or its Affiliates, except as expressly
permitted by ATTI.
8.12 At the request of ATTI and where technically feasible, U S WEST will
rebrand operator services and directory assistance and announcements
in ATTI's name.(13)
8.13 Until such time as the Commission determines final pricing pursuant
to its cost docket, ATTI shall pay the actual costs, if any, of
branding or unbranding in accordance with the Act or Commission
orders.(14)
9. Independent Contractor Status
9.1 Nothing contained herein shall constitute the Parties as joint
venturers, partners, employees or agents of one another, and neither
Party shall have the right or power to bind or obligate the other.
9.2 Each Party is an independent contractor, and has and hereby retains
the right to exercise full control of and supervision over its own
performance of its obligations under this Agreement and retains full
control over the employment, direction, compensation and discharge
of all employees assisting in the performance of such obligations.
Each Party will be solely responsible for all matters relating to
payment of such employees, including compliance with social security
taxes, withholding taxes, and other payroll taxes with respect to
their respective employees, as well as any taxes, contributions or
other obligations imposed by applicable state unemployment or
workers' compensation acts and all other regulations governing such
matters. Each Party has sole authority and responsibility to hire,
fire and otherwise control its employees.
----------
(10) Per AT&T Recommendations at page 6, Issues 29-32.
(11) Per AT&T Order at page 21, Issue 30.
(12) Per AT&T Order at page 21, Issue 30.
(13) Per AT&T Order at page 21, Issue 30.
(14) Per AT&T Recommendations at page 7, Issues 29-32.
17
Part A
9.3 Subject to the limitations on liability and except as otherwise
provided in this Agreement, each Party shall be responsible for (a)
its own acts and performance of all obligations imposed by
applicable law in connection with its activities, legal status and
property, real or personal, and (b) the acts of its own Affiliates,
employees, agents and contractors during the performance of that
Party's obligations hereunder. Except for provisions herein
expressly authorizing one Party to act for the other, nothing in
this Agreement shall constitute a Party as a legal representative or
agent of the other Party, nor shall a Party have the right or
authority to assume, create or incur any liability or any obligation
of any kind, express or implied, against or in the name or on behalf
of the other Party unless otherwise expressly permitted by such
other Party. Except as otherwise expressly provided in this
Agreement, neither Party shall undertake to perform any obligation
of the other Party, whether regulatory or contractual, or to assume
any responsibility for the management of the other Party's business.
10. Referenced Documents
10.1 All references to Sections, Exhibits, and Schedules shall be deemed
to be references to Sections of, and Exhibits and Schedules to, this
Agreement unless the context shall otherwise require. Whenever any
provision of this Agreement refers to a technical reference,
technical publication, ATTI practice, U S WEST practice, any
publication of telecommunications industry administrative or
technical standards, or any other document specifically incorporated
into this Agreement, it will be deemed to be a reference to the most
recent version or edition (including any amendments, supplements,
addenda, or successors) or such document that is in effect, and will
include the most recent version or edition (including any
amendments, supplements, addenda, or successors) of each document
incorporated by reference in such a technical reference, technical
publication, ATTI practice, U S WEST practice, or publication of
industry standards, unless ATTI elects otherwise.
11. Publicity and Advertising
11.1 Neither Party shall publish or use any advertising, sales promotions
or other publicity materials that use the other Party's logo,
trademarks or service marks without the prior written approval of
the other Party.
12. Executed in Counterparts
12.1 This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original, but such counterparts shall
together constitute one and the same instrument.
13. Headings Not Controlling
13.1 The headings and numbering of Sections, Parts, Appendices and
Attachments in this Agreement are for convenience only and shall not
be construed to define or limit any of the terms herein or affect
the meaning or interpretation of this Agreement.
18
Part A
14. Joint Work Product
14.1 This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and their respective counsel and shall be
fairly interpreted in accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either Party.
15. Survival
15.1 Any liabilities or obligations of a Party for acts or omissions
prior to the cancellation or termination of this Agreement; any
obligation of a Party under the provisions regarding
indemnification, confidential information, limitation of liability,
and any other provisions of this Agreement which, by their terms,
are contemplated to survive, or to be performed after, termination
of this Agreement, shall survive cancellation or termination
thereof.
16. Effective Date
16.1 This Agreement shall become effective upon Commission approval
pursuant to Sections 251 and 252 of the Act.(15)
17. Amendment of Agreement
17.1 Except as otherwise provided in this Agreement, no amendment or
waiver of any provision of this Agreement, and no consent to any
default under this Agreement, shall be effective unless the same is
in writing and signed by an officer of the Party against whom such
amendment, waiver or consent is claimed. If either Party desires an
amendment to this Agreement during the term of this Agreement, it
shall provide written notice thereof to the other Party describing
the nature of the requested amendment. If the Parties are unable to
agree on the terms of the amendment within thirty (30) days after
the initial request therefor, the Party requesting the amendment may
invoke the dispute resolution process under Section 27 of this Part
A of this Agreement to determine the terms of any amendment to this
Agreement. All amendments to this Agreement will be submitted to the
Commission.
18. Indemnification
18.1 Notwithstanding any limitations in remedies contained in this
Agreement, each Party (the "Indemnifying Party") will indemnify and
hold harmless the other Party ("Indemnified Party") from and against
any loss, cost, claim, liability, damage and expense, including
reasonable attorney's fees, to third parties, relating to or arising
out of the libel, slander, invasion of privacy, misappropriation of
a name or likeness, actual or alleged infringement or other
violation or breach of any patent, copyright, trademark, service
xxxx, trade name, trade dress, trade secret or any other
intellectual property presently existing or later created,
negligence or willful misconduct by the Indemnifying Party, its
employees, agents, or contractors in the performance of this
Agreement or the failure of the Indemnifying Party to perform its
obligations under this Agreement. In addition, the Indemnifying
Party will, to the extent of its obligations to indemnify hereunder,
defend any action or suit brought by a third party against the
Indemnified Party.
----------
(15) Per AT&T Approval at page 14, paragraph 2. (This footnote is not
applicable to ATTI)
19
Part A
18.2 The Indemnified Party will notify the Indemnifying Party promptly in
writing of any written claim, lawsuit, or demand by third parties
for which the Indemnified Party alleges that the Indemnifying Party
is responsible under this Section 18 and tender the defense of such
claim, lawsuit or demand to the Indemnifying Party. Failure to so
notify the Indemnifying Party shall not relieve the Indemnifying
Party of any liability that the Indemnifying Party might have,
except to the extent that such failure prejudices the Indemnifying
Party's ability to defend such claim.
18.3 The Indemnified Party also will cooperate in every reasonable manner
with the defense or settlement of such claim, demand, or lawsuit.
The Indemnifying Party shall keep the Indemnified Party reasonably
and timely apprised of the status of the claim, demand or lawsuit.
The Indemnified Party shall have the right to retain its own
counsel, including in-house counsel, at its expense, and participate
in but not direct the defense; provided, however, that if there are
reasonable defenses in addition to those asserted by the
Indemnifying Party, the Indemnified Party and its counsel may raise
and direct such defenses, which shall be at the expense of the
Indemnifying Party.
18.4 The Indemnifying Party will not be liable under this Section 18 for
settlements or compromises by the Indemnified Party of any claim,
demand or lawsuit unless the Indemnifying Party has approved the
settlement or compromise in advance or unless the defense of the
claim, demand or lawsuit has been tendered to the Indemnifying Party
in writing and the Indemnifying Party has failed to timely undertake
the defense. In no event shall the Indemnifying Party settle or
consent to any judgment pertaining to any such action without the
prior written consent of the Indemnified Party.
19. Limitation of Liability(16)
19.1 Except as otherwise provided in the indemnity section, no Party
shall be liable to the other Party for any loss, defect or equipment
failure caused by the conduct of the other Party, the other Party's
agents, servants, contractors or others acting in aid or concert
with the other Party.
19.2 Except for indemnity obligations, each Party's liability to the
other Party for any loss relating to or arising out of any negligent
act or omission in its performance of this Agreement, whether in
contract or in tort, shall be limited to the total amount that is or
would have been charged to the other Party by such negligent or
breaching Party for the service(s) or function(s) not performed or
improperly performed.
19.3 In no event shall either Party have any liability whatsoever to the
other Party for any indirect, special, consequential, incidental or
punitive damages, including but not limited to loss of anticipated
profits or revenue or other economic loss in connection with or
arising from anything said, omitted or done hereunder (collectively,
"Consequential Damages"), even if the other Party has been advised
of the possibility of such damages; provided, that the foregoing
shall not limit a Party's obligation to indemnify, defend and hold
the other Party harmless against any amounts payable to
----------
(16) Per AT&T Recommendations at page 8, Issue 40. Modified per AT&T Approval
at page 13, paragraph C.
20
Part A
a third party, including any losses, costs, fines, penalties,
criminal or civil judgments or settlements, expenses (including
attorneys' fees) and Consequential Damages of such third party.
Nothing contained in this Section 19 shall limit either Party's
liability to the other for (i) willful or intentional misconduct
(including gross negligence); (ii) bodily injury, death or damage to
tangible real or tangible personal property proximately caused by
such party's negligent act or omission or that of their respective
agents, subcontractors or employees nor shall anything contained in
this section limit the Parties' indemnification obligations, as
specified above.
20. Term of Agreement
20.1 This Agreement shall terminate on July 24, 2000 and thereafter shall
continue in force and effect unless and until a new agreement,
addressing all of the terms of this Agreement, becomes effective
between the Parties. The Parties shall commence negotiations on a
new agreement no later than one (1) year prior to the expiration of
the term of this Agreement. Either Party may request resolution of
open issues in accordance with the provisions of Section 27 of this
Part A of this Agreement, Dispute Resolution beginning nine (9)
months prior to the expiration of this Agreement. Any disputes
regarding the terms and conditions of the new interconnection
agreement shall be resolved in accordance with Section 27 of this
Agreement and the resulting agreement shall be submitted to the
Commission. This Agreement shall remain in effect until a new
interconnection agreement approved by the Commission has become
effective.
21. Governing Law
21.1 This Agreement shall be governed by and construed in accordance with
the Act and FCC or Commission rules and regulations, except insofar
as state law may control any aspect of this Agreement, in which case
the domestic laws of the State of Washington, without regard to its
conflicts of laws principles, shall govern.
22. Cancellation Charges
22.1 Except as provided pursuant to a Bona Fide Request, or as otherwise
provided in any applicable tariff or contract referenced herein, no
cancellation charges shall apply.
23. Regulatory Approvals
23.1 This Agreement, and any amendment or modification hereof, will be
submitted to the Commission for approval in accordance with Section
252 of the Act. In the event any governmental authority or agency
rejects any provision hereof, the Parties shall negotiate promptly
and in good faith such revisions as may reasonably be required to
achieve approval.
23.2 U S WEST shall provide ATTI a summary describing the proposed
change(s) to each Telecommunications Service which is available
pursuant to this Agreement. U S WEST shall also provide ATTI a
summary describing the proposed change(s) of each intrastate and
interstate tariff which provides for an Interconnection, unbundled
Network Element or Ancillary Service that is available pursuant to
this Agreement. Such summaries shall
21
Part A
be available through an Internet Web page to be posted on the same
day the proposed change is filed with the Commission or the FCC or
at least thirty (30) days in advance of its effective date,
whichever is earlier.
23.3 In the event any governmental authority or agency orders U S WEST to
provide any service covered by this Agreement in accordance with any
terms or conditions that individually differ from one or more
corresponding terms or conditions of this Agreement, ATTI may elect
to amend this Agreement to reflect any such differing terms or
conditions contained in such decision or order, with effect from the
date ATTI makes such election. The other services covered by this
Agreement and not covered by such decision or order shall remain
unaffected and shall remain in full force and effect.
23.4 The Parties intend that any additional services requested by either
Party relating to the subject matter of this Agreement will be
incorporated into this Agreement by amendment.
24. Compliance
24.1 Each Party shall comply with all applicable federal, state, and
local laws, rules and regulations applicable to its performance
under this Agreement.
24.2 Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply
with the Communications Law Enforcement Act of 1994 ("CALEA"). Each
Party (the "Indemnifying Party") shall indemnify and hold the other
Party (the "Indemnified Party") harmless from any and all penalties
imposed upon the Indemnified Party for such noncompliance and shall,
at the Indemnifying Party's sole cost and expense, modify or replace
any equipment, facilities or services provided to the Indemnified
Party under this Agreement to ensure that such equipment, facilities
and services fully comply with CALEA.
24.3 All terms, conditions and operations under this Agreement shall be
performed in accordance with all applicable laws, regulations and
judicial or regulatory decisions of all duly constituted
governmental authorities with appropriate jurisdiction, and this
Agreement shall be implemented consistent with the FCC
Interconnection Order and any applicable Commission orders. Each
Party shall be responsible for obtaining and keeping in effect all
FCC, Commission, franchise authority and other regulatory approvals
that may be required in connection with the performance of its
obligations under this Agreement. In the event the Act or FCC or
Commission rules and regulations applicable to this Agreement are
held invalid, this Agreement shall survive, and the Parties shall
promptly renegotiate any provisions of this Agreement which, in the
absence of such invalidated Act, rule or regulation, are
insufficiently clear to be effectuated, violate, or are either
required or not required by the new rule or regulation. During these
negotiations, each Party will continue to provide the same services
and elements to each other as are provided for under this Agreement.
Provided, however, that either Party shall give ten (10) Business
Days' notice if it intends to cease any development of any new
element or service that is not at that time being provided pursuant
to this Agreement. In the event the Parties cannot agree on an
amendment within thirty (30) days from the date any such rules,
regulations or orders become effective, then the Parties shall
resolve their dispute, including liability for noncompliance with
the new clause or the cost, if any, of performing activities no
longer required by the rule or regulation during the renegotiation
of the new clause under the applicable procedures set forth in
Section 27 herein.
22
Part A
25. Force Majeure
25.1 Neither Party shall be liable for any delay or failure in
performance of any part of this Agreement from any cause beyond its
control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or military authority,
embargoes, epidemics, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, work stoppages,
equipment failure, power blackouts, volcanic action, other major
environmental disturbances, unusually severe weather conditions,
inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation
carriers. No delay or other failure to perform shall be excused
pursuant to this Section 25 unless such delay or failure and the
consequences thereof are beyond the control and without the fault or
negligence of the Party claiming excusable delay or other failure to
perform. In the event of any such excused delay in the performance
of a Party's obligation(s) under this Agreement, the due date for
the performance of the original obligation(s) shall be extended by a
term equal to the time lost by reason of the delay. In the event of
such delay, the delaying Party shall perform its obligations at a
performance level no less than that which it uses for its own
operations. In the event of a labor dispute or strike, the Parties
agree to provide service to each other at a level equivalent to the
level they provide themselves. In the event of a labor dispute or
strike or work stoppage that continues for a period in excess of
forty-eight (48) hours, ATTI may obtain replacement services for
those services affected by such labor dispute or strike or work
stoppage, in which event any liability of ATTI for the affected
services shall be suspended for the period of the work stoppage or
labor dispute or strike. In the event of such performance delay or
failure by U S WEST, U S WEST agrees to resume performance in a
nondiscriminatory manner and not favor its own provision of
Telecommunications Services above that of ATTI.
26. Escalation Procedures
26.1 ATTI and U S WEST agree to exchange escalation lists which reflect
contact personnel including vice president-level officers. These
lists shall include name, department, title, phone number, and fax
number for each person. ATTI and U S WEST agree to exchange
up-to-date lists as reasonably necessary.
27. Dispute Resolution
27.1 If any claim, controversy or dispute between the Parties, their
agents, employees, officers, directors or affiliated agents
("Dispute") cannot be settled through negotiation, it may be
resolved by arbitration conducted by a single arbitrator engaged in
the practice of law, under the then current rules of the American
Arbitration Association ("AAA"). The Federal Arbitration Act, 9
U.S.C. Secs. 1-16, not state law, shall govern the arbitrability of
all Disputes. The arbitrator shall not have authority to award
punitive damages. All expedited procedures prescribed by the AAA
rules shall apply. The arbitrator's award shall be final and binding
and may be entered in any court having jurisdiction thereof and
shall be noticed to the Commission. The arbitrator shall determine
which Party or Parties will bear the costs of arbitration, including
apportionment, if appropriate. The arbitration shall occur in
Seattle, Washington, unless otherwise agreed to by the Parties, and
the governing law shall be in accordance with Section 21.1 above.
27.2 In the event ATTI and U S WEST are unable to agree on certain issues
during the term of this Agreement, the Parties may identify such
issues for arbitration before the Commission. Only those points
identified by the Parties for arbitration will be submitted.
23
Part A
27.3 If a Dispute is submitted to arbitration pursuant to Section 27.1
above, the procedures described in this Section 27.3 shall apply,
notwithstanding the then current rules of the AAA. Discovery shall
be controlled by the arbitrator and shall be permitted to the extent
set forth below. Each Party may submit in writing to a Party, and
that Party shall so respond, to an agreed amount of the following:
interrogatories, demands to produce documents, and requests for
admission. Not less than ten (10) days prior to the arbitration
hearing, the Parties shall exchange witness and exhibit lists.
Deposition discovery shall be controlled by the arbitrator.
Additional discovery may be permitted upon mutual agreement of the
Parties or the determination of the arbitrator. The arbitration
hearing shall be commenced within thirty (30) days after a demand
for arbitration by either Party and shall be held in Seattle,
Washington, unless otherwise agreed to by the Parties. The
arbitrator shall control the scheduling so as to process the matter
expeditiously. The Parties may submit written briefs. The arbitrator
shall rule on the dispute by issuing a written opinion within seven
(7) days after the close of the hearings. The times specified in
this section may be extended upon mutual agreement of the Parties or
by the arbitrator upon a showing of good cause. The decision of the
arbitrator shall be final and binding upon the Parties and judgment
upon the award rendered by the arbitrators may be entered in a court
having jurisdiction. The decision shall also be submitted to the
Commission.
28. Nondisclosure
28.1 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 (a)
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 of directory database inclusion, or (b) in written,
graphic, electromagnetic, or other tangible form and marked at the
time of delivery as "Confidential" or "Proprietary", or (c) declared
orally or in writing to the Recipient at the time of delivery, or by
written notice given to the Recipient within ten (10) days after
delivery, to be "Confidential" or "Proprietary" (collectively
referred to as "Proprietary Information"), shall remain the property
of the Discloser. A Party who receives Proprietary Information via
an oral communication may request written confirmation that the
material is Proprietary Information. A Party who delivers
Proprietary Information via an oral communication may request
written confirmation that the Party receiving the information
understands that the material is Proprietary Information.
28.2 Upon request by the Discloser, the Recipient shall return all
tangible copies of Proprietary Information, whether written, graphic
or otherwise, except that the Recipient's legal counsel may retain
one (1) copy for archival purposes.
28.3 Each Party shall keep all of the other Party's Proprietary
Information confidential and shall use the other Party's Proprietary
Information only in connection with this 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.
28.4 Unless otherwise agreed, the obligations of confidentiality and
non-use set forth in this Agreement do not apply to Proprietary
Information that:
28.4.1 was, at the time of receipt, already known to the Recipient
free of any obligation to keep it confidential evidenced by
written records prepared prior to delivery by the Discloser;
24
Part A
28.4.2 is or becomes publicly known through no wrongful act of the
Recipient;
28.4.3 is rightfully received from a third person having no direct
or indirect secrecy or confidentiality obligation to the
Discloser with respect to such information;
28.4.4 is independently developed by an employee, agent, or
contractor of the Recipient which individual is not involved
in any manner with the provision of services pursuant to this
Agreement and does not have any direct or indirect access to
the Proprietary Information;
28.4.5 is approved for release by written authorization of the
Discloser; or
28.4.6 is required by law, a court, or governmental agency, provided
that the Discloser has been notified of the requirement
promptly after the Recipient becomes aware of the
requirement, subject to the right of the Discloser to seek a
protective order as provided in Section 28.5 below.
28.5 For a period of ten (10) years from receipt of Proprietary
Information, the Recipient shall (a) use it only for the purpose of
performing under this Agreement, (b) hold it in confidence and
disclose it only to employees, authorized contractors and authorized
agents who have a need to know it in order to perform under this
Agreement, and (c) safeguard it from unauthorized use or disclosure
using no less than the degree of care with which the Recipient
safeguards its own Proprietary Information. Any authorized
contractor or agent to whom Proprietary Information is provided must
have executed a written agreement comparable in scope to the terms
of this Section. Notwithstanding the foregoing, each Party shall
provide advance notice of three (3) Business Days to the other
before providing Proprietary Information to a governmental authority
and the Parties shall cooperate with each other in attempting to
obtain a suitable protective order. The Recipient agrees to comply
with any protective order that covers the Proprietary Information to
be disclosed.
28.6 Each Party agrees that the Discloser would be irreparably injured by
a breach of this Section 28 by the Recipient or its representatives
and that the Discloser shall be entitled to seek equitable relief,
including injunctive relief and specific performance, in the event
of any breach of this Section 28. Such remedies shall not be
exclusive but shall be in addition to all other remedies available
at law or in equity.
28.7 Customer Proprietary Network Information ("CPNI") related to either
Party's subscribers obtained by virtue of Local Interconnection or
any other service provided under this Agreement shall be the
Discloser's Proprietary Information and may not be used by the
Recipient for any purpose except performance of its obligations
under this Agreement, and in connection with such performance, shall
be disclosed only to employees, authorized contractors and
authorized agents with a need to know, unless the subscriber
expressly directs the Discloser to disclose such information to the
Recipient pursuant to the requirements of Section 222(c)(2) of the
Act. If the Recipient seeks and obtains written approval to use or
disclose such CPNI from the Discloser, such approval shall be
obtained only in compliance with Section 222(c)(2) and, in the event
such authorization is obtained, the Recipient may use or disclose
only such information as the Discloser provides pursuant to such
authorization and may not use
25
Part A
information that the Recipient has otherwise obtained, directly or
indirectly, in connection with its performance under this
Agreement.(17)
28.8 Except as otherwise expressly provided in this Section 28, nothing
herein shall be construed as limiting the rights of either Party
with respect to its subscriber information under any applicable law,
including, without limitation, Section 222 of the Act.
28.9 Effective Date Of This Section. Notwithstanding any other provision
of this Agreement, the Proprietary Information provisions of this
Agreement shall apply to all Proprietary Information furnished by
either Party with a claim of confidentiality or proprietary nature
at any time.
29. Notices
29.1 Except as otherwise provided herein, all notices or other
communication hereunder shall be deemed to have been duly given when
made in writing and delivered in person or deposited in the United
States mail, certified mail, postage prepaid, return receipt
requested, or delivered by prepaid overnight express mail, and
addressed as follows:
To ATTI:
Xxxxxxx Xxxxx
COO
000 0xx Xxxxxx Xxxxx
Xxxxx 0000
Xxxxxxxxxxx, XX 00000
Copy to:
J. Xxxxxxx Xxxxx
Director of Regulatory Affairs
ATTI
000 0xx Xxxxxx Xxxxx
Xxxxx 0000
Xxxxxxxxxxx, XX 00000
To U S WEST:
Director-Interconnection Compliance
1801 California, Room 2410
Xxxxxx, Xxxxxxxx 00000
Copy to:
U S WEST, Inc.
Law Department -- General Counsel -- Interconnection
0000 Xxxxxxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000
----------
(17) Per AT&T Order at pages 23-24, Issue 41.
26
Part A
29.2 If personal delivery is selected to give notice, a receipt of such
delivery shall be obtained. The address to which notices or
communications may be given to either Party may be changed by
written notice given by such Party to the other pursuant to this
Section 29.
30. Assignment
30.1 Neither Party may assign, transfer (whether by operation of law or
otherwise) or delegate this Agreement (or any rights or obligations
hereunder) to a third party without the prior written consent of the
other Party, which consent shall not be unreasonably withheld,
provided that each Party may assign this Agreement to an Affiliate
or an entity under its common control or an entity acquiring all or
substantially all of its assets or equity by providing prior written
notice to the other Party of such assignment or transfer. Any
attempted assignment or transfer that is not permitted under the
provisions of this Section 30 is void ab initio. Without limiting
the generality of the foregoing, this Agreement shall be binding
upon and shall inure to the benefit of the Parties' respective
successors and assigns. No assignment or delegation hereof shall
relieve the assignor of its obligations under this Agreement.
30.2 If any obligation of U S WEST under this Agreement is performed by a
subcontractor or Affiliate, U S WEST shall remain fully responsible
for the performance of this Agreement in accordance with its terms
and U S WEST shall be solely responsible for payments due to its
subcontractors.
30.3 If any obligation of ATTI under this Agreement is performed by a
subcontractor or Affiliate, ATTI shall remain fully responsible for
the performance of this Agreement in accordance with its terms, and
ATTI shall be solely responsible for payments due to its
subcontractors.
31. Warranties
31.1 U S WEST shall conduct all activities and interfaces which are
provided for under this Agreement with ATTI Customers in a
carrier-neutral, nondiscriminatory manner.
31.2 U S WEST warrants that it has provided, and during the term of this
Agreement it will continue to provide, to ATTI true and complete
copies of all material agreements in effect between U S WEST and any
third party (including Affiliates) providing any services to ATTI on
behalf of or under contract to U S WEST in connection with U S
WEST's performance of this Agreement, or from whom U S WEST has
obtained licenses or other rights used by U S WEST to perform its
obligations under this Agreement, provided, however, that U S WEST
may provide such agreements under appropriate protective order.
32. Default
32.1 In the event of a breach of any material provision of this Agreement
by either Party, the non-breaching Party shall give the breaching
Party and the Commission written notice thereof, and:
32.1.1 if such material breach is for non-payment of amounts due
hereunder pursuant to this Agreement, the breaching Party
shall cure such breach within thirty (30) calendar days of
receiving such notice. The non-breaching Party shall be
27
Part A
entitled to pursue all available legal and equitable remedies
for such breach. Amounts disputed in good faith and withheld
or set off shall not be deemed "amounts due hereunder" for
the purpose of this provision.
32.1.2 if such material breach is for any failure to perform in
accordance with this Agreement, which, in the sole judgment
of the non-breaching Party, adversely affects the
non-breaching Party's subscribers, the non-breaching Party
shall give notice of the breach and the breaching Party shall
cure such breach to the non-breaching Party's reasonable
satisfaction within ten (10) Business Days or within a period
of time equivalent to the applicable interval required by
this Agreement, whichever is shorter. If the breaching Party
does not cure such breach within the applicable time period,
the non-breaching Party may, at its sole option, terminate
this Agreement, or any parts hereof. The non-breaching Party
shall be entitled to pursue all available legal and equitable
remedies for such breach. Notice under this Subsection 32.1.2
may be given electronically or by facsimile, provided that a
hard copy or original of such notice is sent by overnight
delivery service.
32.1.3 if such material breach is for any other failure to perform
in accordance with this Agreement, the breaching Party shall
cure such breach to the non-breaching Party's reasonable
satisfaction within forty-five (45) calendar days, and, if it
does not, the non-breaching Party may, at its sole option,
terminate this Agreement, or any parts hereof. The
non-breaching Party shall be entitled to pursue all available
legal and equitable remedies for such breach.
32.2 ATTI may terminate this Agreement in whole at any time only for
cause upon sixty (60) calendar days' prior written notice. ATTI's
sole liability shall be payment of amounts due for services provided
or obligations assumed up to the date of termination.
32.3 In the event of any termination under this Section 32, U S WEST and
ATTI agree to cooperate to provide for an uninterrupted transition
of services to ATTI or another vendor designated by ATTI to the
extent that U S WEST has the ability to provide such cooperation.
32.4 Notwithstanding any termination hereof, the Parties shall continue
to comply with their obligations under the Act.
33. Remedies
33.1 In the event U S WEST fails to switch a subscriber to ATTI service
as provided in this Agreement, U S WEST shall reimburse ATTI in an
amount equal to all fees paid by such subscriber to U S WEST for
such failed-to-be-transferred services from the time of such failure
to switch to the time at which the subscriber switch is
accomplished. This remedy shall be in addition to all other remedies
available to ATTI under this Agreement or otherwise available.
33.2 All rights of termination, cancellation or other remedies prescribed
in this Agreement, or otherwise available, are cumulative and are
not intended to be exclusive of other remedies to which the injured
Party may be entitled at law or equity in case of any breach or
threatened breach by the other Party of any provision of this
Agreement. Use of one or more remedies shall not bar use of any
other remedy for the purpose of enforcing the provisions of this
Agreement.
28
Part A
34. Waivers
34.1 No waiver of any provisions of this Agreement and no consent to any
default under this Agreement shall be effective unless the same
shall be in writing and properly executed by or on behalf of the
Party against whom such waiver or consent is claimed.
34.2 No course of dealing or failure of either Party to strictly enforce
any term, right, or condition of this Agreement in any instance
shall be construed as a general waiver or relinquishment of such
term, right or condition.
34.3 Waiver by either Party of any default or breach by the other Party
shall not be deemed a waiver of any other default or breach.
34.4 By entering into this Agreement, neither Party waives any right
granted to it pursuant to the Act.
35. No Third Party Beneficiaries
35.1 The provisions of this Agreement are for the benefit of the Parties
hereto and not for any other Person; provided, however, that this
shall not be construed to prevent ATTI from providing its
Telecommunications Services to other carriers. This Agreement shall
not provide any Person not a Party hereto with any remedy, claim,
liability, reimbursement. claim of action, or other right in excess
of those existing without reference hereto.
36. Physical Security
36.1 U S WEST shall exercise the same degree of care to prevent harm or
damage to ATTI or its employees, agents or subscribers, or property
as U S WEST provides itself. ATTI shall exercise the same degree of
care to ensure the security of its equipment physically collocated
within U S WEST's space as ATTI provides such security to itself.
36.1.1 U S WEST will restrict access to approved personnel to U S
WEST's buildings. ATTI is responsible for the action of its
employees and other authorized non-ATTI personnel; U S WEST
is responsible for the action of its employees and other
authorized non-U S WEST personnel.
36.1.2 U S WEST will furnish to ATTI the current name(s) and
telephone number(s) of those central office supervisor(s)
where a physical collocation arrangement exists. The central
office supervisor(s) will be the only U S WEST employee(s)
with access to ATTI collocation space.
36.1.3 U S WEST will comply at all times with U S WEST security and
safety procedures at the individual central office locations
where ATTI has physical collocation arrangements. The Parties
will cooperate to analyze security procedures of each company
to evaluate ways in which security procedures of US WEST may
be enhanced.
36.1.4 U S WEST will allow ATTI to inspect or observe its physical
spaces which house or contain ATTI equipment or equipment
enclosures at any time upon completion of the physical
collocation quotation. Upon completion of the build out of
the physical space, U S WEST will furnish ATTI with all keys,
entry codes, lock combinations, or other materials or
information which may be needed to gain entry via direct
access to ATTI's physical space.
29
Part A
36.1.5 U S WEST agrees to logically partition any U S WEST owned
access-device systems, whether biometric or card reader, or
types which are encoded identically or mechanical coded locks
on external and or internal doors to spaces which house ATTI
equipment.
36.1.6 U S WEST agrees to limit the keys used in its keying systems
for spaces which contain ATTI equipment to the U S WEST
supervisor for the specific facility to emergency access
only. ATTI shall further have the right to change locks where
deemed necessary for the protection and security of its
physical spaces and will provide the U S WEST supervisor with
the current key.
36.1.8 U S WEST shall control unauthorized access from passenger and
freight elevators, elevator lobbies and spaces which contain
or house ATTI equipment or equipment space in the same manner
as U S WEST provides such control for itself.
36.1.9 U S WEST will provide notification to designated ATTI
personnel to indicate an actual or attempted security breach
of ATTI physical space in the same time frame as U S WEST
provides such notification to itself.
37. Network Security
37.1 U S WEST shall provide an appropriate and sufficient back-up and
recovery plan to be used in the event of a system failure or
emergency.
37.2 U S WEST shall install controls to (a) disconnect a user for a
pre-determined period of inactivity on authorized ports; (b) protect
subscriber proprietary information; and (c) ensure both ongoing
operational and update integrity.
37.3 Each Party shall be responsible for the security arrangements on its
side of the network to the Point of Interconnection. The Parties
shall jointly cooperate to analyze network security procedures and
cooperate to ensure the systems, access and devices are
appropriately secured and compatible.
38. Revenue Protection
38.1 U S WEST shall make available to ATTI all present and future fraud
prevention or revenue protection features that U S WEST provides to
itself or others. These features include, but are not limited to,
operator screening codes, call blocking of domestic, international
blocking for business and residence, 000, XXX-000, and specific line
numbers. U S WEST shall additionally provide partitioned access to
fraud prevention, detection and control functionality within
pertinent Operations Support Systems ("OSS") which include, but are
not limited to, Line Information Data Base Fraud monitoring systems.
38.2 Uncollectible or unbillable revenues resulting from, but not
confined to, provisioning, maintenance, or signal network routing
errors shall be the responsibility of the Party causing such error.
38.3 Uncollectible or unbillable revenues resulting from the accidental
or malicious alteration of software underlying Network Elements or
their subtending operational support systems by unauthorized third
parties shall be the responsibility of the Party having
30
Part A
administrative control of access to said Network Element or
operational support system software.
38.4 Each Party shall be responsible for any uncollectible or unbillable
revenues resulting from the unauthorized use of facilities under its
control or services it provides, including clip-on fraud.
38.5 The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other
services related to this Agreement.
39. Law Enforcement Interface
39.1 U S WEST shall provide all necessary assistance to facilitate the
execution of wiretap or dialed number recorder orders from law
enforcement authorities.
--------------------------------------------------------------------------------
(The language shown below implements both language the Parties agree upon as
well as language as a result of the Commission's decision regarding collocation
service.)
--------------------------------------------------------------------------------
40. Collocation
40.1 General Description
40.1.1. Collocation allows for the placing of telecommunications
equipment owned by ATTI within USW's Wire Centers for the
purpose of interconnection or accessing Unbundled Network
Elements (UNEs) at USW premises and/or terminating EAS/Local
and ancillary traffic or for cross connects to other
collocated parties.
40.2 Virtual Collocation
40.2.1 A Virtual Collocation arrangement requires ATTI to purchase
and deliver to USW ATTI's own equipment for USW to install
and maintain in USW's Wire Center. ATTI does not have
physical access to its equipment in the USW Wire Center.
Compliance with NEBS3 safety standards is required to the
same extent that USW complies with the same standards.
40.3 Caged Physical Collocation
40.3.1 Caged Physical Collocation allows ATTI to lease caged floor
space up to a maximum of 400 square feet within each USW Wire
Center, for placement of its telecommunications equipment
within USW's Wire Centers for the purpose of interconnecting
with USW finished services or UNEs or for cross-connects to
other collocated parties. ATTI is responsible for the
procurement, installation and on-going maintenance of its
equipment as well as the cross connections required within
the cage.
40.4 Cageless Physical Collocation
40.4.1 Cageless Physical Collocation is a non-caged area within a
USW Wire Center. Any unused space will be made available to
the extent technically feasible in standard 9 square foot,
single bay increments. ATTI will be responsible for the
procurement, installation and maintenance of the bays and
telecommunications equipment as well as the cross-connections
required within ATTI's leased
31
Part A
collocation space. Compliance with NEBS3 safety standards is
required to the same extent that USW complies with the same
standards.
40.5 Shared Space Caged Physical Collocation
40.5.1. Shared Space Caged Physical Collocation offers Co-Providers
the opportunity to share a caged physical space with each
other for the purpose of interconnecting with appropriate USW
services or facilities, including, but not limited to, high
capacity private line services or UNEs or for cross-connects
to other collocated parties. Each collocator will be
responsible for ordering entrance, power and terminations from
USW at time of application. In order to address issues around
warehousing of space, the original collocator will not be
allowed to charge the shared occupant a per square foot charge
in excess of the rate that the original collocator is
presently charged by USW.
40.6 Interconnection Distribution Frame (ICDF) Collocation
40.6.1 Where ATTI does not require its equipment to be placed in a
USW Wire Center, but wishes only to combine USW UNEs, ICPF
Collocation is available. ICDFs are shared cross-connect
devices used by USW and Co-Providers alike. USW will determine
the appropriate cross-connect device upon which ATTI
terminations will be placed (DS0, DS1, DS3, and OCn).
40.7 Direct Connection to the USW Network
40.7.1 Telecommunications interconnection between ATTI's collocated
equipment and USW's network may be accomplished by a Direct
Connection. Pricing will be provided to ATTI during the quote
phase. A direct connection includes a connection to an MDF,
where technically feasible, at the same location where USW
makes an equivalent cross connection. Rates, terms and
conditions will be as determined by the WPUC unless otherwise
agreed by the parties in writing. ICB pricing will be used
where prices are otherwise not available. This element can be
at the XX-0, XX-0, XX-0, or analog line level. A Direct
Cabling Connection does not contemplate direct termination on
a COSMIC frame. However, ATTI may request, through the BFR
process, a direct termination on a COSMIC frame. When the MDF
termination is on a COSMIC frame, costs and service
availability intervals will be on an ICB basis.
--------------------------------------------------------------------------------
(The language shown below implements the Commission's decision.)
--------------------------------------------------------------------------------
40.8 Adjacent Physical Collocation(18)
40.8.1 Adjacent Physical Collocation includes two scenarios: (1)
where ATTI wishes to obtain space for collocation facilities
in a building or property not owned by USW nearby or across
the street from USW's premises (the "Nearby Location"), and
(2) where ATTI wishes to obtain space for collocated
facilities in a cabinet on the parking lot or grounds of USW's
premises (the "On Grounds Location"). Collocation at a Nearby
Location will be available to ATTI only if On Grounds Location
is not available because of space limitations.
----------
(18) This language implements the Commission's decision relating to adjacent
physical collocation. Commission Decision at 22-23.
32
Part A
40.8.2 USW will extend facilities sufficient to establish
connectivity to USW's network and distribution frame
facilities to ATTI's Collocation space where ATTI is in a
Nearby Location. When ATTI selects the "Near By" Adjacent
Physical Collocation option, ATTI is responsible for all
expenses associated with the establishment of the Adjacent
Physical Collocation space, including but not limited to:
space construction, provision of power and the extension of
the USW facilities to the ATTI Adjacent Collocation space.
40.8.3 When ATTI selects the "On Grounds" Adjacent Physical
Collocation option, USW will provide power and extend
facilities sufficient to establish connectivity to USW's
network and distribution frame facilities to ATTI's
collocation space.
40.8.4 The Parties will meet within seven (7) days of ATTI's
specific written request for Adjacent Physical Collocation to
develop a consensual plan for accommodating that request.
Intervals for completing the work associated with such request
shall be no longer than those intervals set forth herein
applicable to Caged Collocation unless the Parties agree or
either Party, upon request, demonstrates that such longer
intervals are necessary.
40.9 COLLOCATION TERMS AND CONDITIONS - ALL COLLOCATION
40.9.1 USW shall provide Collocation in a nondiscriminatory manner
on rates, terms and conditions that are just, reasonable and
nondiscriminatory. Both parties agree to act in accordance
with applicable law and regulation including without
limitation orders of the Washington Public Utilities
Commission (WPUC) and the Federal Communications Commission
(FCC).
40.9.2 ATTI may collocate equipment that is necessary for
interconnection or access to unbundled network elements,
regardless of whether such equipment includes a switching
functionality, provides enhanced services capabilities, or
offers other functionalities. USW will permit collocation of
any equipment required by law, unless USW can establish that
the equipment will not be actually used or useful by ATTI for
the purpose of obtaining interconnection or access to
unbundled network elements
40.9.3 U S WEST may reasonably audit such telecommunications
equipment to assure that it is being utilized for local
interconnection or access to unbundled elements. USW agrees
that all audits shall be conducted in a responsible manner so
as not to impair any service capabilities of ATTI. ATTI must
identify what equipment is to be installed to allow US WEST to
use this information in engineering the power, floor loading,
heat release, environmental particulate level and HVAC.
40.9.4 If the availability of "Switch Collocation" is rescinded
pursuant to Part A, Section 19.5 (Governing Law/Compliance
With Laws) of this agreement), ATTI will be requested to
remove or disable the switching function of the equipment at
its own expense and within 30 calendar days of receiving such
notice.
40.9.5 Collocation requests require that space be provided for the
placement of ATTI telecommunications equipment within USW's
Wire Center or elsewhere as permitted under Section 2.1.7. USW
will also provide, at a WPUC approved
33
Part A
price to ATTI, the structure that is necessary in support of
this equipment. This includes but is not limited to, physical
space, a cage (for Caged Physical Collocation), HVAC, any
required cabling between ATTI's telecommunications equipment
and the Distribution Frame and any other associated hardware.
40.9.6 All equipment placed will meet NEBS safety standards (to the
same extent USW equipment meets such standards) and will be
installed in accordance with USW Technical Publications 77350,
77351, 77355, and 77386 as applicable. USW shall provide
standard central office alarming pursuant to Technical
Publication 77350 within the Central Office environment, but
not to ATTI's equipment. Co-Providers are responsible for the
monitoring of their own equipment.
40.9.7 Collocation is offered on a first-come, first-served basis.
Requests for Collocation may be denied due to the lack of
sufficient space in a USW Wire Center for placement of ATTI's
equipment. If USW determines that the amount of space
requested by ATTI for Caged Physical Collocation is not
available, ATTI will be offered Collocation in the closest 100
square toot increment that is determined to be available in
relation to the original request. ATTI also will be offered
Cageless Physical Collocation (bay at a time), Virtual
Collocation or Adjacent Physical Collocation as alternatives
to Caged Physical Collocation. If ATTI accepts one of the
alternatives, a new application form will be submitted if
necessary to formalize the re-engineering involved with the
new request, but such new application will not further delay
or impede the pending request. ATTI must select its option
within ten (10) days of notice., To the extent any such
alternative is technically feasible, each shall be made
available to ATTI, and ATTI in its discretion may choose. USW
shall have the burden of demonstrating that a request for a
particular form of Collocation at a particular premises is not
technically feasible.
40.9.8 Requests for Collocation from ATTI will be prioritized by
ATTI and USW cooperatively; but in the event ATTI submits
requests for Collocation such that more than (5) five requests
per week per state are received by USW, the following
procedure shall apply:
40.9.9 USW and ATTI shall work cooperatively and in good faith to
establish a project plan and schedule to implement ATTI's
requests for Collocation. The project shall establish due
dates on both the up front and ready for service dates, and
outline responsibilities for each Party.
40.9.10 The project plan established by USW and ATTI to implement
ATTI's request for Collocation may also be used by ATTI to
prioritize implementation of Collocation requests in the event
that (5) five or fewer requests for Collocation per week, per
state submitted by ATTI are being processed by USW.
40.9.11 Should the Parties not reach agreement on the project plan,
either Party may request resolution under the Dispute
Resolution section of this agreement.
40.10 If a request for Collocation is denied due to a lack of space in a
USW Wire Center after compliance with the FCC's Collocation Order
FCC 99-48 dated 3/31/99 in the Advanced Services Docket ("FCC
Order"), USW must reclaim central office space by removing inactive
equipment and consolidating equipment that is being phased out.
Consolidation applies to equipment that is being phased out.
Consolidation applies to equipment that is experiencing declining
utilization, and not equipment with spare capacity for growth. USW
must bear the cost of performing an equipment inventory and space
assessment
34
Part A
as part of its demonstration. USW must bear the cost of removing
inactive equipment ("equipment reclamation"). USW may demonstrate
that ATTI causes costs for grooming on a case-by-case basis. Costs
imposed on ATTI will be only those costs directly attributable to
ATTI and above and beyond the reasonable costs USW would face in
grooming and maintaining its network in accordance with reasonable
industry standards. To the extent USW asserts that ATTI has caused
specific grooming costs, ATTI may request USW to provide a price
quote for such costs. Quotes will be developed within twenty five
(25) calendar days including the estimated time frames for the work
that is required in order to satisfy the Collocation request. ATTI
has thirty (30) days to accept the quote. If ATTI accepts the quote,
work will begin on receipt of 50% of the quoted charges, with the
balance due on completion.
40.10.1 Reclamation may include the following:
40.10.1.1. Grooming -- The moving of circuits from working
equipment to other equipment bays with similar
functionality for the purpose of providing space for
Interconnection.
40.10.1.2. Space Reclamation -- Administrative space that can
be reconditioned, downsized or modified for the
placement of telecommunications equipment.
40.11 Out of Space
40.11.1 USW will comply with the FCC Order and provide documentation
to ATTI and the WPUC whenever a Collocation request is denied
due to insufficient space. Additionally, if ATTI's request is
denied, upon ATTI's request ,USW will furnish a marked copy of
that Wire Center floor plan to ATTI. Tours of the affected
Wire Center, in accordance with the FCC Order, when requested
by ATTI, will be completed within ten (10) days of the date of
request. USW will, within ten (10) days of ATTI's request,
provide to ATTI a report indicating available Collocation
space in any specified USW premises. The report will specify
the amount of Collocation space available at each requested
premises, the number of collocators, and any modifications
since any prior such report and any measures USW is taking to
make additional space available for Collocation.
40.11.2 ATTI reserves the right to review USW floor plans,
assignment records and other information from various USW OSS,
e.g., Trunk Integrated Record Keeping System (TIRKS) to
determine whether the existing space is being efficiently
utilized and what reassignment, grooming or other action would
be necessary to recover space for Collocation.
40.12 All equipment and installation shall meet earthquake rating
requirements applicable in the region where the equipment and
installation occur.
40.13 USW will designate the point of interconnection ("POI") for network
Interconnection for Virtual, Caged Physical, Cageless Physical, or
Adjacent Collocation arrangements, subject to ATTI's reasonable
consent and right to assert a different POI under the Dispute
Resolution section of this agreement. ATTI will be allowed access to
the POI on non-discriminatory terms.
40.14 ATTI is responsible for providing its own fiber facilities to the
POI outside USW's Wire Center. USW will extend the fiber facility
from the POI on a USW fiber cable from the POI to a Fiber
Distribution Panel (FDP). From the FDP additional fiber, conduit and
35
Part A
associated riser structure will then be provided by USW to continue
the run to ATTI's telecommunications equipment or Collocation area.
40.15 The Collocation entrance facility is assumed to be fiber optic cable
and meets industry standards (GR. 20 Core). Metallic sheath cable is
not considered a standard Collocation entrance facility. Requests
for non-standard entrances will be considered on an individual case
basis including an evaluation of the feasibility of the request. All
costs and provisioning intervals will be developed on an individual
case basis.
40.16 Dual entry into a USW Wire Center will be provided only when two
entry points pre-exist and duct space is available. USW will not
initiate construction of a second, separate Collocation entrance
facility solely for Collocation. If USW requires a Collocation
entrance facility for its own use, then the needs of ATTI will also
be taken into consideration.
40.17 Where Collocation entrance facilities are not available, USW will
offer ATTI USW DS3 or DS1 Private Line Transport Services in
accordance with Tariff terms and conditions, in lieu of entrance
facilities to be terminated at ATTI's collocated equipment.
40.18 ATTI and its designated agents will have direct access to its
collocated equipment twenty-four hours per day, seven days per week
and on non-discriminatory terms. ATTI will have direct access to the
POI on non-discriminatory terms with other collocators. USW will
review the security requirements and hours of access with ATTI. This
will include issuing keys, ID cards, and explaining the access
control processes. Other than with respect to tours under this
Agreement and/or the FCC Order and unless otherwise required by ATTI
to properly maintain its collocated equipment, ATTI personnel found
outside of designated and approved areas, those being only those
areas directly adjacent to ATTI equipment or ATTI terminated
equipment will be escorted away from those non-approved areas and
reported to USW Security. Whenever USW must escort ATTI personnel
away from non-approved areas, USW will promptly provide notice to
ATTI under the "Notices" section of this agreement. Repeated
violations may result in denial of access to USW facilities for the
individual(s) repeatedly found outside of USW designated and
approved areas.
40.19 USW shall provide reasonable access to basic facilities, including
existing eyewash stations, restrooms, drinking water and available
parking while at the collocated facility on a twenty-four (24) hours
per day, seven (7) days per week basis for ATTI personnel and its
designated agents.
40.20 Unescorted ATTI representatives shall be restricted to corridors,
stairways, and elevators that provide direct access to ATTI's space,
or to the nearest restroom facility from ATTI's designated space,
and such direct access will be outlined during ATTI's orientation
meeting.
40.21 ATTI may request any alternative type of available collocation to
replace ATTI's existing virtual collocation space. The alternative
collocation request is treated as a new request. ATTI may
discontinue use of its existing virtual collocation space when the
alternative space is ready for use. USW will return any ATTI
equipment located in the virtual collocation space if ATTI
discontinues use of that space and upon submittal of the
Decommissioning Order for the virtual space.
40.22 Consistent with Section 40.10 herein, USW will remove obsolete
unused equipment from its premises where necessary and requested by
ATTI to make space available to ATTI for Collocation. USW will
expand or rearrange space or equipment where technically feasible if
necessary to accommodate ATTI's Collocation request in accordance
with the
36
Part A
FCC Order. USW will inform ATTI in advance of any costs associated
with such expansion or rearrangement, that it intends to impose on
ATTI. Such costs will include a prorated amount directly
attributable to ATTI for such expansion or rearrangement. In the
event of a dispute, USW will upon receipt of the requested costs
proceed with the requested expansion or rearrangement subject to
true-up. The Parties may resolve such dispute under the Dispute
Resolution section of this agreement.
40.23 USW will provide ATTI the same connection to the network as USW uses
for provision of services to USW end users. The direct connection to
USW's network is provided to ATTI through direct use of USW's
existing cross connection network. ATTI and USW will share the same
distributing frames for similar types and speeds of equipment, where
technically feasible and space is available on the shared frame.
ATTI shall be permitted to provision cross connects from its
collocated facilities to those of other collocated parties ("CLEC
Cross Connects"). ATTI may provision such CLEC Cross Connects
itself, so long as ATTI has obtained status as an approved vendor of
USW, or ATTI may use any other vendor who has obtained status as an
approved vendor of USW. . ATTI may, at its election, use the ICDF
for CLEC Cross Connects or may directly cable between the ATTI
collocation space and the collocation space of another Co-Provider.
USW must verify cable racking capacity and availability and
establish the path through the wire center before ATTI establishes
CLEC Cross Connects or direct cables from ATTI's collocation space
to the collocation space of another Co-Provider.
40.24 COLLOCATION TERMS AND CONDITIONS - VIRTUAL COLLOCATION
40.24.1 USW is responsible for installing and maintaining Virtually
Collocated equipment for the purpose of Interconnection to
UNEs.
40.24.2 ATTI will be responsible for obtaining and providing to USW
administrative codes, and equipment information, for any
equipment provided by ATTI where such codes exist.
40.24.3 ATTI shall ensure that upon receipt of ATTI's Virtually
Collocated equipment by USW, all warranties and access to
ongoing technical support are passed through to USW, all at
ATTI's expense. ATTI shall advise the manufacturer and seller
of the virtually collocated equipment that ATTI's equipment
will be possessed, installed and maintained by USW.
40.24.4 ATTI's virtually collocated equipment must comply to the
same extent as USW's equipment with the Telcordia Technologies
Network Equipment Building System (NEBS) Generic Equipment
Requirements TR-NWT-000063, reasonable USW Wire Center
environmental and transmission standards and any statutory
(local, state or federal) and/or regulatory and safety
requirements in effect at the time of equipment installation
or that subsequently become effective. ATTI shall provide USW
interface specifications (e.g., electrical, functional,
physical and software) of ATTI's virtually collocated
equipment.
40.24.5 ATTI must specify all software options and associated
plug-ins for its virtually collocated equipment.
40.24.6 ATTI will be responsible for payment of reasonable USW
Direct Training Charges associated with training USW employees
for the maintenance, operation and installation of ATTI's
Virtually Collocated equipment when such equipment is
different than the standard equipment used by USW in that Wire
Center. This includes reasonable per diem charges (i.e.,
expenses based upon
37
Part A
effective USW labor agreements) travel and lodging incurred by
USW employees attending a vendor-provided training course.
40.24.7 ATTI will be responsible for payment of WPUC approved
charges incurred in the maintenance and/or repair as requested
by ATTI for ATTI's virtually collocated equipment. Any
activity for which there is no currently applicable WPUC
approved rate shall be developed by USW and subject to
acceptance by ATTI.
40.25 COLLOCATION TERMS AND CONDITIONS - CAGED PHYSICAL COLLOCATION
40.25.1 USW shall provide Caged Physical Collocation to ATTI for
interconnection or access to UNEs and/or terminating EAS/Local
traffic, except that USW may provide for Cageless Physical or
Virtual Collocation if USW demonstrates in accordance with the
FCC Order to the Commission that Caged Physical Collocation is
not practical for technical reasons such as space limitations,
as provided in Section 251 (c)(6) of the Act. ATTI shall have
the right to select technically feasible alternatives, such as
Cageless Collocation, in lieu of Caged Collocation even where
Caged Collocation is available if ATTI so desires. USW shall
provide basic telephone service with a connection xxxx at the
request of ATTI for the Physical or Cageless Physical
Collocated space. Upon ATTI's request, this service shall be
available per standard USW business service provisioning
processes.
40.25.2 Caged Physical Collocation is offered in Wire Centers on a
space-available, first come, first-served basis.
40.25.2.1. The maximum standard leasable amount of floor space
for Caged Physical Collocation is 400 square feet.
Requests greater than 400 square feet will be considered
by USW on an individual case basis. ATTI must
efficiently use the leased space; meaning that no more
than 50% of the floor space may be used for storage
cabinets and work surfaces
40.25.3 ATTI's leased floor space will be separated from other
Co-Providers and USW space through a cage enclosure unless the
space is provided under a Shared Space Collocation arrangement
in which case there will not be any cage delineation. USW or
another sub-contractor selected by ATTI from the USW list of
approved subcontractors will construct the cage enclosure. All
ATTI equipment placed will meet NEBS safety standards, to the
extent USW equipment meets such standards, and will be
installed in accordance with USW Technical Publication 77350,
to the extent that such Publication is reasonably available to
ATTI and its vendors, and will comply with any local, state,
or federal regulatory and safety requirements in effect at the
time of equipment installation or that subsequently become
effective.
40.25.4 USW will designate and design the floor space within each
Wire Center, which will constitute ATTI's leased space.
40.25.5 When USW constructs the Caged Physical space, USW will
ensure that the necessary construction work (racking, ducting,
caging, grounding, terminations, environmental designs, AC and
DC power, etc.) is performed to build ATTI's leased physical
space and the riser from the vault to the leased physical
space, pursuant to Technical Publication 77350.
38
Part A
40.25.6 ATTI owns and is responsible for the installation,
maintenance and repair of its telecommunications equipment
located within the physically collocated space rented from
USW.
40.25.7 Shared Space Caged Physical Collocation is covered in
subsequent Sections of this Agreement.
40.25.8 For Collocation entrance facilities, USW will extend
USW-provided and owned fiber optic cable from the POI to
ATTI's leased physical space. ATTI will procure, install and
maintain all fiber optic facilities up to the POI.
40.25.9 Upon completion of the construction of the collocation
project, USW will work cooperatively with ATTI in matters of
joint testing and maintenance.
40.25.10 If, during installation, USW reasonably determines ATTI
activities or equipment do not comply with the NEBS safety
standards listed in this Section with which USW equipment
complies or are otherwise unsafe, or are in violation of any
applicable safety laws or regulations with which USW equipment
complies, USW has the right, if ATTI refuses to perform
necessary corrective work after notice to ATTI, to stop
affected Collocation work until the situation is remedied. If
such conditions pose an immediate threat to the safety of USW
employees, interfere with the performance of USW's service
obligations, or pose an immediate threat to the physical
integrity of the conduit system, cable facilities or other
equipment in the Wire Center, USW may perform such work and/or
take action as is reasonably necessary to correct the
condition at ATTI's reasonable expense
40.25.11 If, at any time, USW reasonably determines that the
equipment or the installation does not reasonably meet
technical standard safety requirements which USW's equipment
does meet, ATTI will be responsible for the costs associated
with the removal, modification to, or installation of the
equipment to bring it into compliance. If ATTI fails to take
appropriate action to correct any non-compliance within
fifteen (15) calendar days of written notice of noncompliance,
USW may have the equipment removed or the condition corrected
at ATTI's expense.
40.26 COLLOCATION TERMS AND CONDITIONS - CAGELESS PHYSICAL COLLOCATION
40.26.1 ATTI owns and is responsible for the installation,
maintenance and repair of its telecommunications bays and
equipment located within the space leased from USW. ATTI may
access its own Collocated equipment.
40.26.2 Requests for multiple bay space will be provided in adjacent
bays where possible. When contiguous space is not available,
bays may be commingled with other Co-Providers' equipment
bays. ATTI may request a price quote for reasonable costs to
rearrange USW equipment to provide ATTI with adjacent space.
Such price quote will be provided within twenty-five (25)
calendar days.
40.26.3 All equipment placed will be subject to reasonable audits
conducted by USW on an as needed basis. USW agrees that all
audits shall be conducted in a responsible manner so as not to
impair any service capabilities of ATTI. These audits will
determine whether the equipment meets the standards required
by this Agreement. ATTI will be notified of the results of
this audit and shall, take action to rectify all
non-conformities within thirty (30) calendar days of
39
Part A
notification. If ATTI has not taken action to rectify
non-conformities within a reasonable time, all non-conforming
items remaining may be rectified by USW and the cost assessed
to ATTI.
40.26.4 Subject only to technical feasibility and the permissible
security parameters, USW will allow ATTI to collocate in any
unused space in USW's premises, without requiring the
construction of a room, cage, or similar structure, and
without requiring the creation of separate entrance to ATTI's
Collocation space. ATTI will receive direct access to its
equipment. When space is legitimately exhausted in a
particular USW premises, USW will permit Collocation in
accordance with Section 2.1.7.
40.27 RATE ELEMENTS - ALL COLLOCATION
40.27.1 USW will recover WPUC approved Collocation costs through
both recurring and nonrecurring charges. The charges are
determined by the scope of work to be performed based on the
information provided by ATTI on the Collocation Order Form. If
USW determines space is available, a quote will then be
developed within twenty-five (25) calendar days by USW for the
work to be performed. All costs will be those costs and cost
elements approved by the WPUC, in either the ATTI Contract or,
to the extent applicable, interconnection arbitration or
generic cost dockets,. To the extent that a rate element or
rate is modified or not allowed under current WPUC rulings or
in any WPUC Cost Order, the WPUC's determination will govern.
All charges to ATTI shall be for those reasonable pro rata
marginal costs directly attributable to ATTI and shall not
include costs for (1) expenses for the benefit of USW or
required to be incurred by USW in maintaining its network in
accordance with reasonable industry standards and (2) expenses
for the benefit of other Collocation parties. Any cost for
which there is no currently applicable WPUC approved rate
shall be developed by USW and subject to acceptance by ATTI.
40.27.2 The following elements as specified in Exhibit 1 to the ATTI
Contract are used to develop a price quotation in support of
Collocation.
40.27.3 Quote Preparation Fee. A non-refundable charge for the work
required to verify space and develop a price quote for the
total costs to ATTI for its Collocation request. The QPF is
not credited against the total nonrecurring charges of the job
and recovers the engineering and processing costs of the
order.
40.27.4 Collocation Entrance Facility Charge. Depending on the
number of Entrance Facilities requested (single or dual) the
Entrance Facility charge is applied per fiber pair. To the
extent ATTI chooses to deliver fiber through an entrance
facility, at each entrance ATTI will deliver a minimum 12
strand fiber cable to the POI. The facilities from the POI to
the collocated equipment are owned, provided, engineered,
installed and maintained by USW. The Collocation Entrance
Facility includes riser, racking, fiber placement, splicing,
entrance closure, conduit/innerduct, and core drilling.
40.27.5 Cable Splicing Charge. Represents the labor and equipment to
perform a subsequent splice to ATTI provided fiber optic cable
after the initial installation splice. Includes per-setup and
per-fiber-spliced rate elements.
40.27.6 -48 Volt DC Power Charge. Provides -48 volt DC power to ATTI
collocated equipment. Charged on a per ampere capacity
specification.
40
Part A
40.27.7 -48 Volt DC Power Cable Charge. Provides for the
transmission of -48 volt DC power to the collocated equipment.
It includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable
rack and local power bay to the closest power distribution
bay. It also includes the power cable (A and B feeds) from the
local power distribution bay to the leased physical space (for
Cageless or Caged Physical Collocation) or to the collocated
equipment (for Virtual Collocation). Charged per A and B
feeder, per foot.
40.27.8 Inspector Labor Charge. Provides for USW qualified
personnel, acting as an inspector, when ATTI requires access
to the POI after the initial installation. A call-out of an
inspector after business hours is subject to a minimum charge
of three (3) hours. The minimum call-out charge shall apply
when no other employee is present in the location, and an
'off-shift' USW employee (or contract employee) is required to
go "on-shin" on behalf of ATTI.
40.27.9 Channel Regeneration Charge. Required when the distance from
the leased physical space (for Caged Physical Collocation,
Cageless Physical Collocation), or Adjacent Collocation, or
from the collocated equipment (for Virtual Collocation) to the
USW network is of sufficient length to require regeneration.
The cost associated with regeneration will be billed to the
extent permitted by WPUC rules.
40.27.10 Cross-Connect Terminations
40.27.11 If USW provides the equipment cable for ATTI, terminations
of that cable, including hardware and installation will be
provided in the following increments:
DS0 and analog lines- In blocks of 100 terminations.
DS1 - In increments of 28 terminations
D53 - In increments of 1 coax pair
OCn Level Terminations - In increments of 1 fiber pair
These elements include USW provided equipment cables,
terminating blocks, installation labor and associated racking
required between ATTI collocated equipment and the
cross-connect device where the terminations appear.
40.27.12 If ATTI elects to provide the equipment cable, rates are
applied on a per termination basis for DS0 and analog lines,
DS1, DS3s and Ocn as shown below:
DS0 and analog lines Per Termination
DS1 Per Termination
DS3 Per Termination
OCn Level Per Termination
These elements include USW provided termination blocks,
installation labor and associated racking between ATTI
collocated equipment and the cross-connect device where the
terminations appear.
40.27.13 Collocation Cable Racking. An WPUC approved charge for
cable racking required for placement of ATTI's supplied
equipment cables from its equipment to the appropriate
cross-connect device which is provided in conjunction with the
DS0 and analog lines, DSI, D53 and OCn terminations. Cable
Racking is assessed on a per foot charge based on number of
cable pairs terminated at the various cross-connect devices.
41
Part A
40.27.14 Collocation Grounding Charge. A WPUC approved charge
associated with providing grounding for ATTI's cage enclosure
and equipment. Recurring and nonrecurring charges are assessed
per foot to ATTI's cage enclosure or common space where
required.
40.27.15 Heating and Air Conditioning Charge. Environmental
temperature control required for proper operation of
electronic telecommunications equipment.
40.27.16 Security Charge. The keys/card readers and video cameras as
may be required for ATTI access to the USW Wire Center for the
purpose of Collocation. Flat rate charges are assessed per
ATTI representative, per each USW Wire Center to which access
is required. If escort is required additional charges will
apply.
40.28 RATE ELEMENTS - VIRTUAL COLLOCATION
40.28.1 The following rate elements apply uniquely to Virtual
Collocation.
40.28.2 Maintenance Labor. Provides for the labor necessary for
repair of out of service and/or service-affecting conditions
and preventative maintenance of ATTI virtually collocated
equipment. ATTI is responsible for ordering and delivering
maintenance spares. USW will perform maintenance and/or repair
work at ATTI's request upon receipt of the replacement
maintenance spare and/or equipment from ATTI. A call-out of a
maintenance technician where requested by ATTI after business
hours is subject to a minimum charge of three (3) hours.
40.28.3 Training Labor. Provides for the billing of vendor-provided
training for USW personnel on a metropolitan service area
basis, necessary for ATTI virtually collocated equipment, that
is different from USW provided equipment. USW will require a
reasonably adequate number of USW employees to be trained per
metropolitan service area in which ATTI virtually collocated
equipment is located. If trained employees are relocated,
retired, or are no longer available, USW will not require ATTI
to provide training for additional USW employees for the same
virtually collocated equipment in the same metropolitan area.
40.28.4 Equipment Bay. Provides mounting space for ATTI virtually
collocated equipment. Each bay includes the 7 foot bay, its
installation, and all necessary environmental supports.
Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation is limited to 78
inches. The WPUC approved monthly rate is applied per shelf.
40.28.5 Engineering Labor. Provides the planning and engineering of
ATTI virtually collocated equipment at the time of
installation, change or removal.
40.28.6 Installation Labor. Provides for the installation, change or
removal of ATTI virtually collocated equipment in consultation
with ATTI.
40.29 RATE ELEMENTS - CAGED PHYSICAL COLLOCATION
40.29.1 Cage Enclosure. The Cage Enclosure element includes the
material and labor to construct the enclosure. ATTI may choose
from USW approved contractors to construct the cage, in
accordance with USW's installation Technical Publication
77350. It includes a nine foot cage enclosure available in
increments of 100, 200, 300 or 400 square feet, air
conditioning (to support
42
Part A
ATTI loads specified), lighting (not to exceed 2 xxxxx per
square foot), and convenience outlets (3 per cage or number
required by building code). Pricing for the Cage Enclosure
will be provided on an individual basis due to the uniqueness
of ATTI's requirements central office structure and
arrangements.
40.29.2 Floor Space Lease. Provides the monthly lease for the leased
physical space, property taxes and base operating cost without
-48 volt DC power. Includes convenience 110 AC, 15 amp
electrical outlets provided in accordance with local codes and
may not be used to power telecommunications equipment or -48
volt DC power generating equipment. Also includes maintenance
for the leased space; provides for the preventative
maintenance (climate controls, filters, fire and life systems
and alarms, mechanical systems, standard HVAC); biweekly
housekeeping services (sweeping, spot cleaning, trash removal)
of USW Wire Center areas surrounding the leased physical space
and general repair and maintenance. The Floor Space Lease
includes required aisle space on each side of the cage
enclosure as applicable.
40.29.3 AC Power Charge- Standard AC outlet used by ATTI for the
purpose of powering test equipment, tools etc.
40.29.4 Grounding Charge- Used to connect the Wire Center common
ground to ATTI's equipment.
40.30 RATE ELEMENTS - CAGELESS PHYSICAL COLLOCATION
40.30.1 The supporting structure and rate elements for Cageless
Physical Collocation are the same as Caged Physical
Collocation, excluding the nonrecurring cage enclosure and
grounding charge and any other costs reasonably avoided as a
result of USW not constructing a cage and ATTI occupying a
smaller space. The minimum square footage is 9 square feet per
bay. AC power outlet will be provided to every other bay in
the lineup. In those instances where single bays are requested
and placed the single bay will have its own AC outlet.
40.31 RATE CALCULATION -- SHARED SPACE AND CAGELESS COLLOCATION
40.31.1 USW will pro-rate charges for site conditioning and
preparation, by determining the total charge for site
preparation and allocating the charge to a collocating carrier
based on the percentage of the total space utilized by that
carrier. ATTI will be charged only those costs directly
attributable to ATTI.
40.32 RATE ELEMENTS - ICDF COLLOCATION
40.32.1 The nonrecurring rates for this optional cross-connect
device recover USW's investment (including engineering and
installation) for all DSO, analog lines, DS1 and DS3
terminations, including tie cables appropriate cross-connect
device terminations, and terminations on the applicable USW
frame.
40.32.2 The recurring rate element for this optional cross-connect
device recovers USW's expense for the maintenance and
administration for all DSO, analog lines, DS1 and DS3
terminations, including tie cables, appropriate cross-connect
device terminations, and termination on the applicable USW
frame.
40.33 ORDERING - VIRTUAL COLLOCATION
43
Part A
40.33.1 Upon receipt of a Collocation Order Form and QPF, USW will
perform a feasibility study to determine if adequate space can
be found for the placement of ATTI's equipment within the Wire
Center. The feasibility study will be completed within ten
(10) calendar days of receipt of the QPF. If space is
available, USW will develop a price quotation within
twenty-five (25) calendar days of completion of the
feasibility study. Subsequent requests to augment an existing
Collocation also require receipt of a Change Order Form and
QPF. Adding plug-ins, e.g., DS1 or DS3 cards to existing
Virtually Collocated equipment will be processed with a
shorter interval
40.33.2 Virtual Collocation price quotes will be honored for thirty
(30) calendar days from the date the quote is provided to
ATTI. During this period the Collocation entrance facility and
space is reserved pending ATTI's approval of the quoted
charges. If ATTI agrees to terms as stated in the Collocation
Price Quote, ATTI must respond within 30 calendar days with a
signed quote, a down payment check for 50% of the quoted
charges and proof of insurance. Under normal conditions, USW
will complete the installation within ninety (90) calendar
days from receipt of ATTI's equipment provided that space and
power is available. Any portions that cannot be completed
within ninety (90) calendar days will be negotiated with ATTI
on an individual case basis. The installation of line cards
and other minor modifications shall be performed by USW on
shorter intervals and in no instance shall any such interval
exceed thirty (30) calendar days. Final Payment is due upon
completion of the work and acceptance by ATTI. Recurring
monthly charges for the Collocation commences upon completion
of the work and acceptance by ATTI.
40.34. ORDERING - CAGED PHYSICAL COLLOCATION
40.34.1 Upon receipt of a Collocation Order Form and QPF, USW will
perform a feasibility study to determine if adequate space can
be found for the placement of ATTI's equipment within the Wire
Center. The feasibility study will be provided within ten (10)
calendar days from date of receipt of the QPF. If Collocation
entrance facilities and office space are found to be
available, USW will develop a quote for the supporting
structure within twenty-five (25) calendar days of providing
the feasibility study. Caged Physical Collocation price quotes
will be honored for thirty (30) calendar days from the date
the quote is provided. Upon receipt of the signed quote, 50%
down and proof of insurance, space will be reserved and
construction of the Collocation space by USW will begin. The
cage will be available to ATTI for placement of its equipment
within ninety (90) calendar days of receipt of the 50% down
payment. Depending on specific Wire Center conditions, shorter
intervals may be available. USW agrees to notify ATTI as soon
as USW is aware that completion of the collocation space will
occur prior to the normal 90 day interval. Final payment is
due upon completion of work and acceptance by ATTI. Recurring
monthly charges for the Collocation commence upon the
completion of the Collocation and acceptance by ATTI.
40.34.2 Due to variables in equipment availability and scope of the
work to be performed, additional time in special circumstances
may be required for implementation of the structure required
to support the Collocation request. Examples of structure that
may not be completed within ninety (90) calendar days may
include additional time for placement of a POI, DC power
upgrades and space reclamation required to meet ATTI's
Collocation request. Such variables when identified by U S
WEST will be disclosed to ATTI as soon as possible.
44
Part A
40.35 ORDERING - CAGELESS PHYSICAL COLLOCATION
40.35.1 Upon receipt of a Collocation Order Form and QPF, USW will
perform a feasibility study to determine if adequate space can
be found for the placement of ATTI's equipment within the Wire
Center. The feasibility study will be provided within ten (10)
calendar days from date of receipt of the Collocation Order
Form and QPF. If Collocation entrance facilities and office
space are found to be available, USW will develop a quote for
supporting structure within twenty-five (25) calendar days of
providing the feasibility study. Cageless Physical Collocation
price quotes will be honored for thirty (30) calendar days
from the date the quote is provided. If ATTI agrees to terms
as stated in the Collocation Price Quote, ATTI must respond
within thirty (30) calendar days with a signed quote, a check
for 50% of the quoted charges and proof of insurance. Upon
receipt of the signed quote, 50% payment and proof of
insurance, construction by USW will begin. The cageless,
physical space including equipment bays provided by ATTI and
associated apparatus provided by USW, will be available to
ATTI for placement of its equipment within ninety (90)
calendar days of receipt of the 50% down payment. Depending on
specific Wire Center conditions, shorter intervals may be
available. USW will identify for ATTI those Wire Centers where
such shorter intervals are available and provide an estimated
revised shorter interval. Final payment is due upon completion
of work and acceptance by ATTI. Recurring monthly charges for
the Collocation commence upon the completion of the
Collocation.
40.35.2 Due to variables in equipment availability and scope of the
work to be performed, additional time may be required for
implementation of the structures required to support the
Collocation request. Examples of structure that may not be
completed within ninety (90) calendar days may include
additional time for placement of a POI, DC power upgrades and
space reclamation required to meet ATTI's Collocation request.
Such variables will be immediately identified by U S WEST for
ATTI as soon as possible and no later than ten (10) days after
completion of the feasibility study.
40.36 ORDERING - ICDF COLLOCATION
40.36.1 Upon receipt of a Collocation Order Form, and to the extent
ATTI in its sole discretion exercises the option to use ICDF
Collocation, USW will verify if ICDF capacity is available at
the requested Wire Center. Verification of cross-connection
capacity will be completed within ten (10) calendar days. USW
will develop a cost quotation for the requested Collocation
within twenty-five (25) calendar days from verification. In
those Wire Centers where ICDFs have not been previously
placed, USW will make ICDFs available within ninety (90)
calendar days of verification. USW provides a web site
indicating those Wire Centers where collocation space is not
available.
40.36.2 Within thirty (30) calendar days of USW providing the
quotation, ATTI will accept or reject the quotation.
Acceptance shall require payment to USW of fifty percent of
the nonrecurring and construction charges provided on the
quotation.
40.36.3 As part of the ordering process, ATTI will provide at a
minimum a reasonable eighteen month forecast for each Wire
Center in which it intends to utilize the appropriate
cross-connect device. Included in this forecast will be
reasonable
45
Part A
estimates of the termination type (DS0 and analog lines, DS1,
DS3) and the quantity of each termination required.
Appropriate cross-connect device terminations must be ordered
in multiples of the following quantities:
100 DS0 and analog line terminations
28 DS1 terminations
1 DS3 termination
40.37 ORDERING - ALL COLLOCATION
40.37.1 Any changes, modifications or additional engineering
requested by ATTI, subsequent to its initial order, as to the
type and quantity of equipment or other aspects of the
original Collocation request, must be submitted with a
Collocation Change Form. Such requests will not cause the
original Collocation job to vary from the committed ready for
service date. USW will respond within a reasonable time after
receipt of such request and identify any reason why ATTI's
Collocation will be delayed and, if so, for how long. A
subsequent collocation change form and QPF will only be
required for major changes, as agreed by the parties. Disputes
as to whether a change is "major" shall be resolved as
described in the Dispute Resolution section of this agreement.
In the event of a dispute, USW shall proceed to process the
request upon receipt of the requested collocation change form
and QPF, subject to true up and reimbursement back to ATTI
upon resolution of the dispute.
40.37.2 Intervals for Collocation from request date to turnover date
shall be a maximum anywhere from 147 -- 177 calendar days from
the request date (see section 40.46), depending upon when USW
receives ATTI's approval of the quote. USIA' will permit a
reasonable number of site visits during construction of a
Collocation site at the request of ATTI.
40.37.3 A request by ATTI to cross connect with another collocated
provider, with or without using ICDF Collocation, will be
considered a new Collocation request and will result in the
application of a specific "cage to cage cross connect" QPF.
Until the cost is developed for this specific QPF, the cost
will be determined on an ICB basis. In the event ATTI requests
cross connection with another collocated provider without
using ICDF Collocation, USW shall verify capacity on, and
identify, a route for the cross connection facilities within
seven (7) days of ATTI's request. USW shall then allow ATTI
thirty (30) days to construct the cross connection facilities
necessary for the cross connection or, upon ATTI's request,
USW shall provide a quote for, and complete construction of,
such facilities within the timeframes established for ICDF
Collocation.
40.37.4 Upon ATTI's request for cross connection with another
collocated provider, USW may not withhold reasonably available
cable racking or a reasonable route for the cross connection
facilities required. If USW informs ATTI that a reasonable
route or cable racking does not exist to accommodate ATTI's
request, ATTI will have the rights conferred on it in this
Agreement and by law relating to the verification of space
exhaustion.
40.38 BILLING - ALL COLLOCATION
40.38.1 Upon completion of the Collocation construction activities
and payment of the WPUC approved remaining nonrecurring
balance, USW will provide ATTI a
46
Part A
completion package that will initiate the recurring
Collocation charges. USW will begin billing the WPUC approved
monthly recurring charges stated in the quote and completion
package.
40.38.2 In the event USW has completed all associated construction
activities and ATTI has not completed its associated
activities (e.g., delivering fiber to the POI, providing tie
cables for connecting to the distribution frames, etc.), USW
will begin billing for all monthly Collocation charges. When
ATTI is ready to complete its activities, final test and
turn-up will be performed under the maintenance and repair
process contained herein.
40.39 BILLING - VIRTUAL COLLOCATION
40.39.1 Virtual Collocation will be considered complete when the POI
has been constructed, the shared fiber Collocation entrance
facility has been provisioned, and the collocated equipment
has been installed. Cooperative testing between ATTI and USW
may be negotiated and performed to ensure continuity and
acceptable transmission parameters in the facility and
equipment. Any additional joint testing can be provided by
agreement of the parties under rates and terms specified in
this Agreement.
40.40 BILLING - CAGED AND CAGELESS PHYSICAL COLLOCATION
40.40.1 Upon completion of USW construction activities and ATTI
payment of the remainder of the WPUC approved nonrecurring
charges, USW will allow ATTI full and complete access to the
Collocation space. USW will activate monthly billing for the
leased space and turn over access to the space with all
security and access privileges. ATTI will sign off on the
completion of the physical space via the Caged or Cageless
Physical Collocation completion package. ATTI may then proceed
with the installation of its equipment in the Collocation
space. Such installation may commence earlier, upon payment of
the balance of the non-recurring charges and commencement of
the floor space rental and prior to final completion of the
space, if consistent with applicable safety standards and
reasonable industry practice. Once ATTI's equipment has been
installed and cable is provided for ATTI's equipment
terminations, USW will complete all remaining work activities.
40.41 MAINTENANCE AND REPAIR
40.41.1 Virtual Collocation
40.41.1.1 Maintenance Labor, Inspector Labor, Engineering
Labor and Equipment Labor business hours are considered
to be Monday through Friday, 8:00am to 5:00pm (local
time) and after business hours are after 5:00pm and
before 8:00am (local time), Monday through Friday, all
day Saturday, Sunday and holidays.
40.41.1.2 Installation and maintenance of ATTI's virtually
collocated equipment will be performed by USW or a USW
authorized vendor.
40.41.1.3 Upon failure of ATTI's virtually collocated
equipment, ATTI is responsible for transportation and
delivery of maintenance spares to USW at the Wire Center
housing the failed equipment. ATTI is responsible for
purchasing and maintaining a supply of spares.
47
Part A
40.42 Caged Physical Collocation
40.42.1 ATTI is solely responsible for the maintenance and repair of
its equipment located within ATTI's caged space. If two or
more Co-Providers agree to a Shared Space Caged Physical
Collocation arrangement, such collocators are solely
responsible for any and all maintenance, security and repair
arrangements necessitated by such sharing. USW assumes no
liability for any damages relating to Shared Space Caged
Physical Collocation or related personnel disputes among the
parties to those arrangements.
40.43 Cageless Physical Collocation
40.43.1 ATTI is solely responsible for the maintenance and repair of
its equipment located within ATTI's cageless physical space.
40.44 ICDF Collocation
40.44.1 To the extent that ATTI chooses to utilize ICDF Collocation,
ATTI is responsible for block and jumper maintenance at the
appropriate cross-connect device and using correct procedures
to dress and terminate jumpers on the appropriate
cross-connect device, including using fanning strips,
retaining rings, and having jumper wire on hand, as needed.
Additionally, ATTI is required to provide its own tools for
such operations. In the event of a dispute, the Dispute
Resolution section of this agreement will be available to
either Party.
40.45 DISPUTE RESOLUTION
40.45.1 Not withstanding any provisions in this document or the
Interconnection Agreement to the contrary, the Parties hereby
agree that, in a dispute that relates to the timeliness of
USW's processing or provisioning of a request or order for
Collocation made by ATTI, either Party may immediately request
resolution using the dispute resolution section of this
agreement. In the event the Parties disagree on a price quote,
or USW's entitlement to impose such costs, USW will agree,
upon payment by ATTI of the quoted price, to proceed to
process the interconnection under this section while disputed
charges are referred for dispute resolution as stated herein.
The Parties further agree that all cost disputes may be
resolved through the dispute resolution section of this
agreement and that final decisions of the WPUC in cost docket
or other proceedings will govern the final determination of
all cost issues, including the "true-up" of costs already
billed and collected.
48
Part A
40.46 CAGED AND CAGELESS COLLOCATION INTERVALS
Executed Schedule of Collocation Establishment Calendar Days
(1) Receipt of Collocation Application Form and Day 1
Co-provider Information Form from the CLEC with
Interim Collocation Agreement
(2) Feasibility Phase include determination Day 10
of the type of Collocation required and space
availability.
(3) Quote Phase includes providing dollar Day 35
quotes for the type of Collocation facilities
provided.
(4) Approval Phase allows for ATI to Day 36 - 65
review and approve the Quote.
(5) Engineering and Installation Phase Ninety (90)
days after
receipt of
ATTI's
approval and
receipt of
50% down
payment.
42. Number Portability
42.1 Interim Number Portability (INP)
42.1.1 General Terms
(a) The Parties shall provide Interim Number Portability
("INP") on a reciprocal basis to the extent technically
feasible.
(b) Until permanent number portability is implemented by the
industry pursuant to regulations issued by the FCC or
the Commission, the Parties agree to provide INP to each
other through Remote Call Forwarding, Direct Inward
Dialing, or other appropriate means as agreed to by the
Parties.
(c) Once permanent number portability is implemented
pursuant to FCC or Commission regulation, either Party
may withdraw, at any time and at its sole discretion,
its INP offerings, subject to advance notice to the
other Party with sufficient time to allow for
coordination to allow the seamless and transparent
conversion of INP Customer numbers to permanent number
portability. Upon implementation of permanent number
portability pursuant to FCC regulations, both Parties
agree to conform and provide such permanent number
portability. The Parties agree to expeditiously convert
Customers from INP to permanent number
49
Part A
portability, provided that the interim service is not
removed until the Customer has been converted.
(d) U S WEST will update and maintain its Line Information
Database ("LIDB") listings for numbers retained by ATTI
and its Customer, and restrict or cancel calling cards
associated with these forwarded numbers as directed by
ATTI. Further, U S WEST will not block third party and
collect calls to those numbers unless requested by ATTI.
(e) The ordering Party shall specify, on a per telephone
number basis which method of INP is to be employed and
the providing Party shall provide such method to the
extent technically feasible.
(f) Where either Party has activated an entire NXX, or
activated a substantial portion of an NXX with the
remaining numbers in that NXX either reserved for future
use or otherwise unused, if these Customer(s) choose to
receive service from the other Party, the first Party
shall cooperate with the second Party to have the entire
NXX reassigned in the LERG (and associated industry
databases, routing tables, etc.) to an End Office
operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the
Parties and subject to appropriate industry lead-times
for movement of NXXs from one switch to another.
42.1.2 Description Of Service
(a) Interim Number Portability Service ("INP") is a service
arrangement that can be provided by U S WEST to ATTI or
by ATTI to U S WEST.
(b) INP applies to those situations where an end-user
Customer elects to change service providers, and such
Customer also wishes to retain its existing or reserved
telephone number(s). INP consists of providing the
capability to route calls placed to telephone numbers
assigned to one Party's switches to another Party's
switches.
(c) INP is available as INP-Remote Call Forwarding
("INP-RCF") permitting a call to a U S WEST assigned
telephone number to be translated to ATTI's dialable
local number. ATTI may terminate the call as desired.
Additional capacity for simultaneous call forwarding is
available where technically feasible on a per path
basis. ATTI will need to specify the number of
simultaneous calls to be forwarded for each number
ported.
(d) DID is another INP method that makes use of direct
inward dialing trunks. Each DID trunk group used for INP
is dedicated to carrying DID INP traffic between the U S
WEST end office and the ATTI switch. Traffic on these
trunks cannot overflow to other trunks, so the number of
trunks shall be conservatively engineered by U S WEST.
Also, inter-switch signaling is usually limited to
multi-frequency (MF). This precludes passing Calling
Line ID to the ATTI switch.
(e) RI-PH will route a dialed call to the U S WEST switch
associated with the NXX of the dialed number. The U S
WEST switch shall then insert a prefix onto the dialed
number which identifies how the call is to be routed to
ATTI. The prefixed dialed number is transmitted to the
50
Part A
U S WEST tandem switch to which ATTI is connected. Route
indexing is only available with seven (7) digit local
dialing.
(f) The prefix is removed by the operation of the tandem
switch and the dialed number is routed to ATTI's switch
so the routing of the call can be completed by ATTI.
i. DN-RI is a form of RI-PH that requires direct
trunking between the U S WEST switch to which the
ported number was originally assigned and the ATTI
switch to which the number has been ported. The
U S WEST switch shall send the originally dialed
number to the ATTI switch without a prefix.
ii. U S WEST shall provide RI-PH or DN-RI on an
individual telephone number basis, as designated
by ATTI. Where technically feasible, calls to
ported numbers are first directed to the ATTI
switch over direct trunks but may overflow to
tandem trunks if all trunks in the direct group
are occupied.
iii. For both RI-PH and DN-RI the trunks used may, at
ATTI's option, be the same as those used for
exchange of other local traffic with U S WEST. At
ATTI's option, the trunks shall employ SS7 or in
band signaling and may be one way or two way.
(g) INP is subject to the following restrictions:
i. An INP telephone number may be assigned by ATTI
only to ATTI's Customers located within U S WEST's
local calling area and toll rating area that is
associated with the NXX of the ported number. This
is to prevent the possibility of Customers using
number portability to extend the local calling
area.
ii. INP is applicable only if ATTI is engaged in a
reciprocal traffic exchange arrangement with U S
WEST.
iii. INP is not offered for NXX Codes 555, 976, 960 and
1+ sent-paid telephones, and Service Access Codes
(i.e., 500, 700, 800/888, 900). INP is not
available for FGA seven-digit numbers (including
foreign exchange (FEX), FX and FX/ONAL and foreign
Central Office service). Furthermore, INP numbers
may only be used consistent with network
efficiency and integrity, i.e., inhibitions on
mass calling events.
iv. The ported telephone number will be returned to
the switch which originally had the ported number
when the ported service is disconnected. The
normal intercept announcement will be provided by
the porting company for the period of time until
the telephone number is reassigned.
v. Within thirty (30) days after the Effective Date
of this Agreement, U S WEST shall provide ATTI a
list of those features that are not available for
INP telephone numbers due to technical
limitations.
42.1.3 Ordering and Maintenance
51
Part A
(a) ATTI is responsible for all direct interactions with
ATTI's end users with respect to ordering and
maintenance.
(b) U S WEST shall exchange with ATTI SS7 TCAP messages as
required for the implementation of Custom Local Area
Signaling Services (CLASS) or other features available
in the U S WEST network.
(c) Each Party's designated INP switch must return answer
and disconnect supervision to the other Party's switch.
(d) U S WEST shall disclose to ATTI any technical or
capacity limitations that would prevent use of a
requested INP in a particular switching office.
(e) The Parties will develop and implement an efficient
deployment process to ensure call routing integrity for
toll and local calls, with the objective to eliminate
Customer downtime.
(f) For INP, ATTI shall have the right to use the existing
U S WEST 911 infrastructure for all 911 capabilities.
When RCF is used for ATTI subscribers, both the ported
numbers and shadow numbers shall be stored in the ALI
databases. ATTI shall have the right to verify the
accuracy of the information in the ALI databases via
direct connection to the SCC ALI database pursuant to
the same process and procedures SCC makes available to
U S WEST.
42.2 Permanent Number Portability (PNP)
42.2.1 Upon implementation of Permanent Number Portability (PNP)
pursuant to FCC regulations, both Parties agree to conform and
provide such Permanent Number Portability. To the extent
consistent with the FCC rules as amended from time to time,
the requirements for PNP shall include the following:
42.2.2 Subscribers must be able to change local service providers and
retain the same telephone number(s) consistent with FCC rules and
regulations.
42.2.3 The PNP network architecture shall not subject alternate
local exchange carriers to any degradation of service compared
to U S WEST in any relevant measure, including transmission
quality, switching and transport costs, increased call setup
time and post-dial delay, and ATTI shall not be required to
rely on the U S WEST network for calls completing to its
ported Customers.
42.2.4 When an office is equipped with PNP, in accordance with the
procedures specified by the North American Numbering Council,
the NXXs in the office shall be defined as portable and
translations will be changed in the Parties' switches to open
those NXXs for database queries.
42.2.5 When an NXX is defined as portable, it shall also be defined
as portable in all PNP-capable offices which have direct
trunks to the given switch.
42.2.6. Upon introduction of PNP in a Metropolitan Statistical Area
("MSA"), the applicable switches will be converted according
to a published schedule with no unreasonable delay. All
portable NXXs shall be recognized as portable, with queries
launched from these switches.
52
Part A
42.2.7 Prior to implementation of PNP, the Parties agree to develop,
implement, and maintain efficient methods to maintain 911
database integrity when a subscriber ports to another service
provider. The Parties agree that the Customer should not be
dropped from the 911 database during the transition.
42.2.8 When a subscriber ports to another service provider and has
previously secured a reservation of line numbers from the
donor provider for possible activation at some future point,
these reserved but inactive numbers shall "port" along with
the active numbers being ported by the subscriber. So long as
ATTI maintains the reserved numbers, U S WEST shall not
reassign said numbers. The Parties will allocate the revenue
generated from number reservations in accordance with a
schedule to be mutually agreed upon by the Parties within
ninety (90) days of the Effective Date of this Agreement.
42.2.9 During the process of porting a subscriber, the donor service
provider shall implement the 10-Digit trigger feature when the
technology is made available in each switch in accordance with
the schedules adopted by the FCC. When the donor provider
receives the porting request, the unconditional trigger shall
be applied to the subscriber's line at the time that has been
agreed to via the Western Region LNP Operations Guidelines in
order to overcome donor network time delays in the
disconnection of the subscriber. Alternatively, when an
activation notice is sent to an NPAC to trigger a broadcast to
service provider databases, the donor switch shall have its
translations changed to disconnect the subscriber's line
within thirty (30) minutes or less after the donor network
Local SMS's has received the broadcast. Porting requests that
require coordination between service providers in accordance
with the guidelines, will be handled on a case-by-case basis
and will not be covered by the above.
42.2.10 Both ATTI and U S WEST shall:
(a) support all emergency and operator services.
(b) use scarce numbering resources efficiently and
administer such resources in a competitively neutral
manner.
(c) jointly cooperate with each other to provide the
information necessary to rate and xxxx all types of
calls.
(d) jointly cooperate with each other to apply PNP
consistently on a nationwide basis, and in accordance
with all FCC directives.
42.2.11 A ten-digit code, consistent with the North American
Numbering Plan, shall be used as a network address for each
switch that terminates subscriber lines, i.e., an end office.
This address shall support existing six-digit routing and may
be implemented without changes to existing switch routing
algorithms. In existing end offices, this address shall be
selected from one of its existing NPA-NXXs. New end offices
shall be assigned an address through normal administrative
processes.
42.2.12 PNP employs an "N-1" (N minus 1) Query Strategy for
interLATA or intraLATA toll calls, by which the originating
carrier will pass the call to the appropriate toll carrier who
will perform a query to an external routing database and
efficiently route the call to the appropriate terminating
local carrier either directly or through an access tandem
office.
53
Part A
42.2.13 U S WEST shall furnish ATTI with the first six (6) digits of
the originating address when it supplies ATTI with the
Jurisdiction Information Parameter for the originating address
message.
42.2.14 U S WEST agrees to begin the introduction of PNP to end user
subscribers who may begin changing local service providers and
retaining their existing telephone number based on the time
line set out by the FCC in its Telephone Number Portability
Order (CC Docket No. 95-116), or in accordance with a
Commission order if such time for introduction of PNP set by
the Commission is earlier than would result under the FCC
Order.
42.2.15 The generic requirements for the PNP alternative will be
implemented in accordance with industry-standard
specifications.
42.2.16 For a local call to a ported number, the originating carrier
is the "N-1" carrier. It will perform an external database
query as soon as the call reaches the first PNP-capable switch
in the call path and pass the call to the appropriate
terminating carrier. A PNP-capable originating switch shall
query on a local call to a portable NXX as soon as it
determines that it (the originating switch) does not serve the
dialed number.
42.2.17 U S WEST shall be the default carrier for database queries
where ATTI is unable to perform its own query due to abnormal
conditions. ATTI shall be the default carrier for database
queries where U S WEST is unable to perform its own query due
to abnormal conditions.
42.2.18 U S WEST will provide ATTI PNP for subscribers moving to a
different location, or staying at the same location, within
the same rate center area.
42.2.19 U S WEST will work cooperatively with other local service
providers to establish the Western Region Number Portability
Administration Center / Service Management System (SMS). The
SMS shall be administered by a neutral third party to provide
for the efficient porting of numbers between carriers. There
must be one (1) exclusive NPAC per portability State or
region, and U S WEST shall provide all information uploads and
downloads regarding ported numbers to/from, respectively, the
exclusive NPAC. U S WEST and ATTI shall cooperate to
facilitate the expeditious deployment of PNP through the
process prescribed by the FCC, including, but not limited to,
participation in the selection of a neutral third party and
development of SMS, as well as SMS testing for effective
procedures, electronic system interfaces, and overall
readiness for use consistent with that specified for
provisioning in this Agreement.
42.3 Requirements for INP and NP
42.3.1 (Intentionally left blank for numbering consistency)
42.3.2 Cut-Over Process
The Parties shall cooperate in the process of porting numbers
from one carrier to another so as to limit service outage for
the ported subscriber. This shall include, but not be limited
to, each Party updating its respective network element
translations within fifteen (15) minutes following
notification by the industry SMS, or ported-to local service
provider, and deploying such temporary translations as may be
required to minimize service outage, e.g., unconditional
54
Part A
triggers. In addition, ATTI shall have the right to determine
who initiates the order for INP in specific cut-over
situations. The time frames in this paragraph shall be
pursuant to Generic Requirements for SCP Application and GTT
Function for Number Portability, Issue 0.99, January 6, 1997
and subsequent versions which may be adopted from time to
time. The Parties shall cooperate to review, and, if
necessary, adjust the above time frame based on their actual
experiences.
42.3.3 Testing
U S WEST and ATTI shall cooperate in conducting ATTI's testing
to ensure interconnectivity between systems. U S WEST shall
inform ATTI of any system updates that may affect the ATTI
network and U S WEST shall, at ATTI's request, perform tests
to validate the operation of the network. Additional testing
requirements may apply as specified by this Agreement.
42.3.4 Engineering and Maintenance
(a) U S WEST and ATTI will cooperate to ensure that
performance of trunking and signaling capacity is
engineered and managed at levels which are at least the
same level of service as provided by U S WEST to its
subscribers and to ensure effective maintenance testing
through activities such as routine testing practices,
network trouble isolation processes and review of
operational elements for translations routing and
network fault isolation.
(b) Additional specific engineering and maintenance
requirements shall apply as specified in this Agreement.
42.3.5 Recording and Billing
The Parties shall provide each other with accurate billing and
subscriber account record exchange data necessary for billing
their subscribers whose numbers have been ported.
42.3.6 Operator Services and Directory Assistance
With respect to operator services and directory assistance
associated with NP for ATTI subscribers, U S WEST shall
provide the following:
(a) While INP is deployed and prior to conversion to PNP:
i. The Parties acknowledge that technology, as of the
Effective Date of this Agreement, does not permit
the provision of BLV/BLI to ported numbers. When
such becomes available in the U S WEST network,
such technology shall be made available to ATTI.
ii. U S WEST shall allow ATTI to order provisioning of
Telephone Line Number (TLN) calling cards and
Billed Number Screening (BNS), in its LIDB, for
ported numbers, as specified by ATTI, U S WEST
shall continue to allow ATTI access to its LIDB.
Other LIDB provisions are specified in this
Agreement.
iii. Where U S WEST has control of Directory Listings
for NXX codes containing ported numbers, U S WEST
shall maintain entries for
55
Part A
ported numbers as specified by ATTI in accordance
with the Listings Section of this Agreement.
(b) When PNP is in place:
i. The provisions in Section 42.3.6 preceding, shall
apply when PNP is in place.
ii. If Integrated Services Digital Network User Part
(ISUP) signaling is used, U S WEST shall provide
the Jurisdiction Information Parameter in the SS7
Initial Address Message. (See Generic Switching
and Signaling Requirements for Number Portability,
Issue 1.0, February 12, 1996 (Editor- Lucent
Technologies, Inc.)).
iii. The Parties shall provide, when received from the
NPAC, a 10-Digit Global Title Translation (GTT)
Node for routing queries for TCAP-based operator
services (e.g., LIDB). The acquiring company will
provide the GTT to the NPAC. The NPAC will
distribute this information to the donor company
and all other parties.
iv. U S WEST OSS shall meet all requirements specified
in "Generic Operator Services Switching
Requirements for Number Portability," Issue 1.1,
June 20, 1996, as updated from time to time.
43. Dialing Parity
43.1 The Parties shall provide dialing parity to each other as required
under Section 251(b)(3) of the Act or state law or regulation as
appropriate. This Agreement does not impact either Party's ability
to default intraLATA toll via a specific dialing pattern until
otherwise required by the Act or the Commission.
43.2 U S WEST shall ensure that all ATTI Customers experience the same
dialing parity as similarly-situated Customers of U S WEST services,
such that, for example for all call types: (a) an ATTI Customer is
not required to dial any greater number of digits than a
similarly-situated U S WEST Customer; and (b) the ATTI Customer may
retain its local telephone number, so long as the Customer continues
receiving service in the same central office serving area.
44. Directory Listings
The publication of directories, Directory Listings, directory databases
and associated related services shall be governed by the terms and
conditions contained within Docket No. UT-941464 & UT-94146. To the extent
not inconsistent therewith, the following Section 44 shall apply.(19)
44.1 Directory Listings General Requirements
44.1.1 This Section 44 pertains to Directory Listings requirements
for the appearance of ATTI end user Directory Listings in
directory assistance service or directory product.
----------
(19) Per AT&T Order at page 32, Issues 66-67.
56
Part A
44.1.2 U S WEST shall include in its master Directory Listing
database all list information for ATTI Customers.
44.1.3 U S WEST shall not sell or license, nor allow any third
party, the use of ATTI Customer Listings without the prior
written consent of ATTI. U S WEST shall not disclose nor allow
any third party to disclose non-listed name or address
information for any purpose other than what may be necessary
to complete directory distribution.
44.1.4 ATTI Customer Listings in the U S WEST Directory Assistance
database and Directory Listing database shall be co-mingled
with Listings of U S WEST and other CLEC Customers.
44.1.5 Each ATTI Customer Primary Listing shall be provided, at no
charge, the same white page listings that U S WEST provides
its Customers.
44.1.6 Each ATTI business Customer Primary Listing shall be
provided, at no charge, the same yellow page classified
courtesy Listings that U S WEST provides its Customers.
44.1.7 U S WEST shall also ensure that its directory publisher
publishes all types of Listings for ATTI Customers that are
available to U S WEST Customers under the same terms, and
conditions, including but not limited to:
(a) Foreign Listings
(b) Reference Listings
(c) Information Listings
(d) Alternate call Listings
(e) Multi-line Listings
(f) Multi-line/Multi-owner Listings
44.1.8 ATTI end user Listings properly identified by ATTI as Local,
State, and Federal government Listings shall be appropriately
coded in the U S WEST Directory Listing database. U S WEST
will provide government code information to ATTI.
44.1.9 The listing and handling of ATTI listed and non-listed
telephone numbers shall be at least at parity with that
provided by U S WEST to its own Customers, including ATTI
customers who have ported telephone numbers from U S WEST.
44.1.10 U S WEST shall ensure that its directory publisher publishes
ATTI sales, service, billing, and repair information for
business and residential Customers, along with the ATTI logo
in the customer information/guide pages of each directory at
no charge to ATTI.
44.1.11 U S WEST is responsible for maintaining Listings, including
entering, changing, correcting, rearranging and removing
listings in accordance with ATTI orders. Upon request, and at
least one (1) month prior to a given white page directory
close, a method of reviewing and correcting Listings will be
provided.
44.1.12 (Deleted per Arbitrator's Recommendations.)(20)
----------
(20) Per AT&T Recommendations at page 10, Issue 135.
57
Part A
44.1.13 U S WEST will permit ATTI Customers to place orders for
Premium Listings and privacy listings. ATTI will be charged
for Premium Listings and privacy listings at U S WEST's
general exchange tariff rates less the wholesale discount
rate. The Premium and privacy listing charges will be billed
to ATTI and itemized at the telephone number sub-account
level.
44.1.14 U S WEST shall ensure a third party distributes appropriate
alphabetical and classified directories (white and yellow
pages) and recycling services to ATTI Customers at parity with
U S WEST end users, including providing directories, a) upon
establishment of new service; b) during annual mass
distribution; and c) upon Customer request.
44.1.15 At no charge, U S WEST shall ensure that its directory
publisher prominently indicates on each directory cover that
the directory includes the Listings of all Customers without
regard to which company serves them.(21)
44.1.16 U S WEST will provide the option of having Centrex users
listed when ATTI purchases Centrex-type services for resale.
44.2 Scope
44.2.1 ATTI grants U S WEST a non-exclusive license to incorporate
Listings information into its Directory Assistance database.
ATTI shall select one of two options for U S WEST's use of
Listings and dissemination of Listings to third parties.
EITHER:
a. Treat the same as U S WEST's end user Listings -- No
prior authorization is needed for U S WEST to release
Listings to directory publishers or other third parties.
U S WEST will incorporate Listings information in all
existing and future Directory Assistance applications
developed by U S WEST. ATTI authorizes U S WEST to sell
and otherwise make Listings available to directory
publishers. Listings shall not be provided or sold in
such a manner as to segregate end users by carrier.
OR:
b. Restrict to U S WEST's Directory Assistance Service --
Prior authorization required from ATTI for all other
uses. ATTI makes its own, separate agreements with U S
WEST, third Parties and directory publishers for all
uses of its Listings beyond DA. U S WEST will sell or
provide Listings to directory publishers (including U S
WEST's publisher affiliate) or other third Parties only
after the third party presents proof of ATTI's
authorization. Listings shall not be provided or sold in
such a manner as to segregate end users by carrier.
----------
(21) Per AT&T Recommendations at page 10, Issue 135. Modified per AT&T Approval
at page 5, paragraph 6 and page 13, paragraph D.
58
Part A
c. U S WEST shall be entitled to retain all revenue
associated with any sales pursuant to subparagraphs (a)
and (b) above.(22)
44.2.2 To the extent that state tariffs limit U S WEST's liability
with regard to Listings, the applicable state tariff(s) is
incorporated herein and supersedes Section 19, "Limitation of
Liability", of this Agreement with respect to Listings only.
Nothing contained in this section shall limit either Party's
liability to the other for willful or intentional misconduct,
including gross negligence.(23)
44.3 U S WEST will take reasonable steps in accordance with industry
practices to accommodate non-published and non-listed Listings
provided that ATTI has supplied U S WEST the necessary privacy
indicators on such Listings.
44.4 ATTI Responsibilities
44.4.1 ATTI agrees to provide to U S WEST its end user names,
addresses and telephone numbers in a standard mechanized
format, as utilized by U S WEST.
44.4.2 ATTI will supply its ACNA/CIC or CLCC/OCN, as appropriate,
with each order to provide U S WEST the means of identifying
listings ownership.
44.4.3 ATTI represents the end user information provided to U S WEST
is accurate and correct. ATTI further represents that it has
reviewed all listings provided to U S WEST, including end user
requested restrictions on use such as non-published and
non-listed.
44.4.4 ATTI is responsible for dealings with and on behalf of ATTI's
end users on the following subjects:
a) All end user account activity, e.g., end user queries
and complaints.
b) All account maintenance activity, e.g., additions,
changes, issuance of orders for Listings to U S WEST.
c) Determining privacy requirements and accurately coding
the privacy indicators for ATTI's end user information.
If end user information provided by ATTI to U S WEST
does not contain a privacy indicator, no privacy
restrictions will apply.
45. Directories
The publication of directories, Directory Listings, directory databases
and associated related services shall be governed by the terms and
conditions contained within Docket No. UT-941464 & UT-94146.(24)
----------
(22) Per AT&T Recommendations at page 11, Issue 62.
(23) Per AT&T Recommendations at page 12, Issue 63.
(24) Per AT&T Order at page 32, Issues 66-67.
59
Part A
46. U S WEST Dex Issues
U S WEST and ATTI agree that certain issues, such as yellow page
advertising, directory distribution, access to call guide pages, and
yellow page listings, will be the subject of negotiations between ATTI and
directory publishers, including U S WEST Dex. U S WEST acknowledges that
ATTI may request U S WEST to facilitate discussions between ATTI and U S
WEST Dex.
47. Access to Poles, Ducts, Conduits, and Rights of Way
47.1 U S WEST shall provide ATTI equal and non-discriminatory access to
poles, space, ducts, conduit, entrance facilities, ROW and any other
pathways on terms and conditions equal to that provided by U S WEST
to itself or to any other Person. Further, U S WEST shall not
preclude or delay allocation of these facilities to ATTI because of
the potential needs of itself or of any other Person except a
maintenance spare may be retained as described below. (25)
47.2 U S WEST warrants that it will provide to ATTI nondiscriminatory
access to poles, pole attachments, ducts, inner ducts, conduits,
building entrance facilities, building entrance links, equipment
rooms, remote terminals, cable vaults, telephone closets, building
risers, ROW, and other pathways owned or controlled by U S WEST,
using capacity currently available or that can be made available. U
S WEST shall have the full burden of proving that such access is not
technically feasible. To the extent U S WEST proves infeasibility, U
S WEST shall be required to provide to ATTI alternative suitable
access which will not impair ATTI's ability to provide its
Telecommunications Services. Such alternative access shall be
technically equivalent to the requested access and shall be subject
to the same terms, conditions and price as the requested access.(26)
47.3 Definitions
"Poles, ducts, conduits and ROW" refer to all the physical
facilities and legal rights which provide for access to pathways
across public and private property. These include poles, pole
attachments, ducts, innerducts, conduits, building entrance
facilities, building entrance links, equipment rooms, remote
terminals, cable vaults, telephone closets, building risers,
rights-of-way, or any other requirements needed to create pathways.
These pathways may run over, under, across or through streets,
traverse private property, or enter multi-unit buildings. A
Right-of-Way ("ROW") is the right to use the land or other property
owned, leased, or controlled by any means by U S WEST to place
poles, ducts, conduits and ROW or to provide passage to access such
poles, ducts, conduits and ROW. A ROW may run under, on, or above
public or private property (including air space above public or
private property) and shall include the right to use discrete space
in buildings, building complexes, or other locations.
----------
(25) Per AT&T Order at pages 28-29, Issues 53-54.
(26) Per AT&T Order at page 29, Issue 55.
60
Part A
47.4 Requirements
47.4.1 U S WEST shall make poles, ducts, conduits and ROW available
to ATTI upon receipt of a request for use within the time
periods provided in this Section, providing all information
necessary to implement such a use and containing rates, terms
and conditions, including, but not limited to, maintenance and
use in accordance with this Agreement and at least equal to
those which it affords itself, its Affiliates and others.
Other users of these facilities, including U S WEST, shall not
interfere with the availability or use of the facilities by
ATTI.
47.4.2 Within ten (10) Business Days of ATTI's request for specific
poles, ducts, conduits, or ROW, U S WEST shall provide any
information in its possession or available to it regarding the
environmental conditions of such requested poles, ducts,
conduits or ROW route or location including, but not limited
to, the existence and condition of asbestos, lead paint,
hazardous substance contamination, or radon. Information is
considered "available" under this Agreement if it is in U S
WEST's possession or files, or the possession of an agent,
contractor, employee, lessor, or tenant of U S WEST's that
holds such information on U S WEST's behalf. If the poles,
ducts, conduits or ROW contain such environmental
contamination, making the placement of equipment hazardous, U
S WEST shall offer alternative poles, ducts, conduits or ROW
for ATTI's consideration. U S WEST shall allow ATTI to perform
any environmental site investigations, including, but not
limited to, Phase I and Phase II environmental site
assessments, as ATTI may deem to be necessary.
47.4.3 U S WEST shall not prevent or delay any third party
assignment of ROW to ATTI.
47.4.4 U S WEST shall offer the use of such poles, ducts, conduits
and ROW it has obtained from a third party to ATTI, to the
extent such agreement does not prohibit U S WEST from granting
such rights to ATTI. They shall be offered to ATTI on the same
terms as are offered to U S WEST. (27) U S WEST shall exercise
its eminent domain power and assist ATTI in obtaining licenses
when necessary to accommodate ATTI's request for access to
ROW. (28) If U S WEST exercises its eminent domain authority
on behalf of ATTI at ATTI's request, then ATTI shall reimburse
U S WEST for U S WEST's reasonable costs, if any, incurred as
a result of such exercise of its eminent domain authority.
47.4.5 (Intentionally left blank for numbering consistency)
47.4.6 U S WEST shall not attach, or permit other entities to attach
facilities on, within or overlashed to existing ATTI
facilities without ATTI's prior written consent.
47.4.7 U S WEST agrees to provide current detailed engineering and
other plant records and drawings for specific requests for
poles, ducts, conduits and ROW, including facility route maps
at a city level, and the fees and expenses incurred in
providing such records and drawings, on the earlier of twenty
(20) Business Days from ATTI's request or the time within
which U S WEST provides this information to itself or any
other Person. Such information shall be of equal type
----------
(27) Per AT&T Order at pages 29-30, Issue 56.
(28) Per AT&T Order at pages 29-30, Issue 56.
61
Part A
and quality as that which is available to U S WEST's own
engineering and operations staff. U S WEST shall also allow
personnel designated by ATTI to jointly examine with U S WEST
personnel, at no cost to ATTI for such personnel, such
engineering records and drawings for a specific routing at U S
WEST Central Offices and U S WEST Engineering Offices upon ten
(10) days' written notice to U S WEST. U S WEST acknowledges
that the request for information and the subject matter
related to the request made under this Section shall be
treated as Proprietary Information.
47.4.8 U S WEST shall provide to ATTI a Single Point of Contact for
negotiating all structure lease and ROW Agreements.
47.4.9 U S WEST shall provide information regarding the availability
and condition of poles, ducts, conduits and ROW within five
(5) business days of ATTI' s request if the information then
exists in U S WEST's records (a records based answer) and
within twenty (20) Business Days of ATTI's request if U S WEST
must physically examine the poles, ducts, conduits and ROW (a
field based answer) ("Request"). ATTI shall have the option to
be present at the field based survey and U S WEST shall
provide ATTI at least twenty-four (24) hours' notice prior to
the start of such field survey. During and after this period,
U S WEST shall allow ATTI personnel to enter manholes and
equipment spaces and view pole structures to inspect such
structures in order to confirm usability or assess the
condition of the structure. U S WEST shall send ATTI a written
notice confirming availability pursuant to the Request within
such twenty (20) day period ("Confirmation").
47.4.10 For the period beginning at the time of the Request and
ending ninety (90) days following Confirmation, U S WEST shall
reserve such poles, ducts, conduits and ROW for ATTI and shall
not allow any use thereof by any Party, including U S WEST.
ATTI shall elect whether or not to accept such poles, ducts,
conduits and ROW within the ninety (90) day period following
Confirmation. ATTI may accept such facilities by sending
written notice to U S WEST ("Acceptance"). If ATTI requests
reservation of poles, ducts, conduits or ROW, U S WEST may
charge a reservation fee in an amount mutually agreed upon by
the Parties. ATTI's obligation to pay a reservation fee shall
begin on the date of the Confirmation. If the Parties are
unable to agree on a reasonable reservation fee, the fee shall
be established pursuant to the dispute resolution process in
Section 27 of Part A of this Agreement.(29)
47.4.11 Reservation. After Acceptance by ATTI, ATTI shall have six
(6) months to begin attachment and/or installation of its
facilities to the poles, ducts, conduits and ROW or request U
S WEST to begin make ready or other construction activities.
Any such construction, installation or make ready by ATTI
shall be completed by the end of one (1) year after
Acceptance. ATTI shall not be in default of the 6-month or
1-year requirement above if such default is caused in any way
by any action, inaction or delay on the part of U S WEST or
its Affiliates or subsidiaries.
----------
(29) Per AT&T Recommendations at page 16, Issue 70.
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Part A
47.4.12 Make Ready. U S WEST shall rearrange, modify and/or make
ready existing poles, ducts, conduits and ROW where necessary
and feasible to provide space for ATTI's requirements. Subject
to the requirements above, the Parties shall endeavor to
mutually agree upon the time frame for the completion of such
work within five (5) days following ATTI's request; provided,
however, that any such work required to be performed by U S
WEST shall be completed within sixty (60) days or a reasonable
period of time based on standard construction intervals in the
industry, unless otherwise agreed by ATTI in writing.
47.4.13 New Construction. After Acceptance, U S WEST shall complete
any new construction, relocation or installation of poles,
ducts, conduits or ROW required to be performed by U S WEST or
any U S WEST construction, relocation or installation
requested by ATTI within a reasonable period of time based on
standard construction intervals in the industry or sixty (60)
days after obtaining all governmental authority or permits
necessary to complete such construction, relocation or
installation. If U S WEST anticipates that construction,
relocation or installation will go beyond standard industry
intervals or the sixty (60) day period, U S WEST shall
immediately notify ATTI and the Parties shall mutually agree
on a completion date.
47.4.14 ATTI shall begin payment for the use of newly constructed
poles, ducts, conduits, and ROW upon completion of such
construction and installation and confirmation by appropriate
testing methods that the facilities are in a condition ready
to operate in ATTI's network or upon use (other than for
testing) by ATTI, whichever is earlier.
47.4.15 ATTI shall make payment for construction, relocation,
rearrangements, modifications and make ready in accordance
with Section 3.5 of Attachment 1 of this Agreement.
47.4.16 ATTI shall begin payment for the use of existing poles,
ducts, conduits and ROW upon the date of its timely
Acceptance. If ATTI fails to send a timely Acceptance, its
reservation shall be released.(30)
47.4.17 ATTI may, at its option, install its facilities on poles,
ducts, conduits and ROW and use ATTI or ATTI designated
personnel to attach its equipment to such U S WEST poles,
ducts, conduits and ROW.
47.4.18 If available, U S WEST shall provide ATTI space in manholes
for racking and storage of cable and other materials as
requested by ATTI.
47.4.19 U S WEST shall rearrange, modify and/or make ready any
conduit system or poles with retired cable by removing such
retired cable from conduit systems or poles to allow for the
efficient use of conduit space and pole space. U S WEST shall
take all reasonable steps to expand its facilities to
accommodate ATTI's request, and shall do so in accordance with
the time frames set forth in this Section 47(31) Before
denying access based on a lack of capacity, U S WEST must
explore potential accommodations with ATTI.
----------
(30) Per AT&T Recommendations at pages 16-17, Issue 155.
(31) Per AT&T Recommendations at page 17, Issue 156.
63
Part A
47.4.20 Where U S WEST has innerducts which are not, at that time,
being used or are not reserved as emergency or maintenance
spare in accordance with FCC rules and regulations, U S WEST
shall offer such ducts for ATTI's use. U S WEST shall not
reserve more than one inner duct in any conduit cross section
for emergency purposes. Where only two inner ducts remain
available (including an emergency spare), U S WEST shall offer
ATTI the use of at least one inner duct.(32)
47.4.21 Where a spare innerduct does not exist, U S WEST shall allow
ATTI to install an innerduct in U S WEST conduit, at ATTI's
cost and expense. U S WEST must review and approve any
installation of inner duct in any U S WEST's duct prior to the
start of construction. Such approval shall not be unreasonably
delayed, withheld or conditioned. ATTI shall provide notice to
U S WEST of any work activity not less than twenty-four (24)
hours prior to the start of construction.
47.4.22 Where U S WEST has any ownership or other rights to ROW to
buildings or building complexes, or within buildings or
building complexes, U S WEST shall offer such ROW to ATTI:
(a) Subject to the approval of the building owner, if
required, the right to use any available space owned or
controlled by U S WEST in the building or building
complex to install ATTI equipment and facilities;
(b) Subject to the approval of the building owner, if
required, ingress and egress to such space; and
(c) Subject to the approval of the building owner, if
required, the right to use electrical power at parity
with U S WEST's rights to such power.
47.4.23 Whenever U S WEST intends to modify or alter any poles,
ducts, conduits or ROW which contain ATTI's facilities, U S
WEST shall provide written notification of such action to ATTI
so that ATTI may have a reasonable opportunity to add to or
modify its facilities. ATTI shall advise U S WEST, in writing,
of its intentions to add or modify the facilities within
fifteen (15) Business Days of U S WEST's notification. If ATTI
adds to or modifies its facilities according to this
paragraph, ATTI shall bear a proportionate share of the costs
incurred by U S WEST in making such facilities accessible.
47.4.24 ATTI shall not be required to bear any of the costs of
rearranging or replacing its facilities, if such rearrangement
or replacement is required as a result of an additional
attachment or the modification of an existing attachment
sought by any entity other than ATTI, including U S WEST.
47.4.25 U S WEST shall maintain the poles, ducts, conduits and ROW
at its sole cost. ATTI shall maintain its own facilities
installed within the poles, ducts, conduits and ROW at its
sole cost. In the event of an emergency, U S WEST shall begin
repair of its facilities containing ATTI's facilities within a
reasonable time frame based on industry standards or a time
frame requested by ATTI. If U S WEST cannot begin repair
within the requested time frame, upon notice and approval of U
S WEST, which approval shall not be unreasonably withheld,
ATTI may begin such repairs without the presence of U S WEST
personnel. ATTI may climb poles and enter the manholes,
handholds, conduits and equipment spaces
----------
(32) Per AT&T Order at page 29, Issue 55.
64
Part A
containing U S WEST's facilities in order to perform such
emergency maintenance, but only until such time as qualified
personnel of U S WEST arrives ready to continue such repairs.
For both emergency and non-emergency repairs, ATTI may use
spare innerduct or conduits, including the innerduct or
conduit designated by U S WEST as emergency spare for
maintenance purposes; provided, however, that ATTI may only
use such spare conduit or innerduct for a maximum period of
ninety (90) days.
47.4.26 In the event of a relocation necessitated by a governmental
entity exercising the power of eminent domain, when such
relocation is not reimbursable, all parties shall share pro
rata in costs for relocating the base conduit or poles and
shall each pay its own cost of cable and installation of the
facilities in the newly rebuilt U S WEST poles, ducts,
conduits and ROW.
48. Bona Fide Request Process for Further Unbundling(33)
48.1 Any request for Interconnection or access to an unbundled Network
Element not already available via price lists, tariff, or as
described herein shall be treated as a "Request" under this Section.
48.2 U S WEST shall use the Bona Fide Request ("BFR") process as
described in this Section 48, to determine the technical feasibility
of the requested Interconnection or Network Element(s) and, for
those items found to be technically feasible, to provide the terms
and timetable for providing the requested items. Additionally,
elements, services and functions which are materially or
substantially different from those services, elements or functions
already provided by U S WEST to itself, its Affiliates, Customers,
or end users may, at the discretion of ATTI, be subject to this BFR
process.
48.3 A Request shall be submitted in writing and, at a minimum, shall
include: (a) a complete and accurate technical description of each
requested Network Element or Interconnection; (b) the desired
interface specifications; (c) a statement that the Interconnection
or Network Element will be used to provide a Telecommunications
Service; (d) the quantity requested; (e) the location(s) requested;
and (f) whether ATTI wants the requested item(s) and terms made
generally available. ATTI may designate a Request as Confidential.
48.4 Within forty-eight (48) hours of receipt of a Request, U S WEST
shall acknowledge receipt of the Request and review such Request for
initial compliance with Subsection 48.3 above. In its
acknowledgment, U S WEST shall advise ATTI of any missing
information reasonably necessary to move the Request to the
preliminary analysis described in Subsection 48.5 below.
48.5 Unless otherwise agreed to by the Parties, within thirty (30)
calendar days of its receipt of the Request and all information
necessary to process it,
----------
(33) Per AT&T Order at pages 9-10, Issue 16.
65
Part A
U S WEST shall provide to ATTI a preliminary analysis of the
Request. As reasonably requested by ATTI, U S WEST agrees to provide
status updates to ATTI. U S WEST will notify ATTI if the quote
preparation fee, if any, will exceed $5,000. ATTI will approve the
continuation of the development of the quote prior to U S WEST
incurring any reasonable additional expenses. The preliminary
analysis shall specify whether or not the requested Interconnection
or access to an unbundled Network Element is technically feasible
and otherwise qualifies as a Network Element or Interconnection as
defined under the Act.
48.5.1 If U S WEST determines during the thirty (30) day period that
a Request is not technically feasible or that the Request
otherwise does not qualify as a Network Element or
Interconnection required to be provided under the Act, U S
WEST shall so advise ATTI as soon as reasonably possible of
that fact, and promptly provide a written report setting forth
the basis for its conclusion but in no case later than ten
(10) calendar days after making such determination.
48.5.2 If U S WEST determines during the thirty (30) day period that
the Request is technically feasible and otherwise qualities
under the Act, it shall notify ATTI in writing of such
determination no later than ten (10) calendar days after
making such determination.
48.5.3 Unless otherwise agreed to by the Parties, as soon as
feasible, but no more than ninety (90) calendar days after U S
WEST notifies ATTI that the Request is technically feasible, U
S WEST shall provide to ATTI a Request quote which will
include, at a minimum, a description of each Interconnection
and Network Element, the quantity to be provided, the
installation intervals (both initial and subsequent), the
impact on shared systems software interfaces, the ordering
process changes, the functionality specifications, any
interface specifications, and either:
(a) the applicable rates (recurring and nonrecurring),
including the amortized development costs, as
appropriate pursuant to Section 48.5.4 below, of the
Interconnection or Network Element; or
(b) the payment for development costs, as appropriate
pursuant to Section 48.5.4 below, of the Interconnection
or Network Element and the applicable rates (recurring
and nonrecurring), excluding the development costs.
48.5.4 The choice of using either option (a) or (b) above shall be
at U S WEST's sole discretion. A payment for development cost,
however, is appropriate only where ATTI is the only
conceivable user of the functionality (including consideration
of U S WEST as a
66
Part A
potential user) or where the requested quantity is
insufficient to provide amortization.
48.6 If U S WEST has used option (a) above in its Request quote, then,
within thirty (30) days of its receipt of the Request quote, ATTI
must indicate its nonbinding interest in purchasing the
Interconnection or Network Element at the stated quantities and
rates, cancel it Request, or seek remedy under the dispute
resolution section of this Agreement.
48.7 If U S WEST has used option (b) above in its Request quote, then,
within thirty (30) days of its receipt of the Request quote, ATTI
must either agree to pay the development costs of the
interconnection or Network Element, cancel its Request, or seek
remedy under the dispute resolution section of this Agreement.
48.8 If U S WEST has used option (b) in its Request quote and ATTI has
accepted the quote, ATTI may cancel the Request at any time, but
will pay U S WEST's reasonable development costs of the
Interconnection or Network Element up to the date of cancellation.
48.9 U S WEST will use reasonable efforts to determine the technical
feasibility and conformance with the Act of the Request within the
first thirty-two (32) days of receiving the Request. In the event U
S WEST has used option (b) above in its Request quote and U S WEST
later determines that the Interconnection or Network Element
requested in the Request is not technically feasible or otherwise
does not qualify under the Act, U S WEST shall notify ATTI within
ten (10) Business Days of making such determination and ATTI shall
not owe any compensation to U S WEST in connection with the Request.
Any quotation preparation fees or development costs paid by ATTI to
the time of such notification shall be refunded by U S WEST.
48.10 To the extent possible, U S WEST will utilize information from
previously developed BFRs to address similar arrangements in order
to shorten the response times for the currently requested BFR. In
the event ATTI has submitted a Request for an Interconnection or a
Network Element and U S WEST determines in accordance with the
provisions of this Section 48 that the Request is technically
feasible, the Parties agree that ATTI's subsequent request or order
for the identical type of Interconnection or Network Element shall
not be subject to the BFR process. To the extent U S WEST has
deployed an identical Network Element under a previous BFR, a
subsequent BFR is not required. For purposes of this Section 48.10,
an "identical" request shall be one that is materially identical to
a previous request with respect to the information provided pursuant
to Subsections (a) through (e) of Section 48.3 above.
48.11 In the event of a dispute under this Section 48, the Parties agree
to seek expedited Commission resolution of the dispute, to be
completed within twenty (20) days of U S WEST's response denying
ATTI's BFR, and in no
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Part A
event more than thirty (30) days after the filing of ATTI's
petition. Alternatively, the Parties may mutually agree to resolve
any disputes under this section through the dispute resolution
process pursuant to Section 27, Part A of this Agreement.
48.12 All time intervals within which a response is required from one
Party to another under this Section 48 are maximum time intervals.
The Parties agree that they will provide all responses to the other
Party as soon as the Party has the information and analysis required
to respond, even if the time interval stated herein for a response
is not over.
49. Audit Process
49.1 As used herein, "Audit" shall mean a comprehensive review of
services performed under this Agreement. Either Party (the
"Requesting Party") may perform up to three (3) Audits per 12-month
period commencing with the Effective Date.
49.2 Upon thirty (30) days' written notice by the Requesting Party to the
other Party (the "Audited Party"), the Requesting Party shall have
the right, through its authorized representative, to make an Audit,
during normal business hours, of any records, accounts and processes
which contain information related to the services provided and
performance standards agreed to under this Agreement. Within the
above-described 30-day period, the Parties shall reasonably agree
upon the scope of the Audit, the documents and processes to be
reviewed, and the time, place and manner in which the Audit shall be
performed. The Audited Party agrees to provide Audit support,
including appropriate access to and use of the Audited Party's
facilities (e.g., conference rooms, telephones, copying machines).
49.3 Each Party shall bear its own expenses in connection with the
conduct of the Audit. The reasonable cost of special data
extractions required by the Requesting Party to conduct the Audit
will be paid for by the Requesting Party. For purposes of this
Section 49.3, a "Special Data Extraction" shall mean the creation of
an output record or informational report (from existing data files)
that is not created in the normal course of business. If any program
is developed to the Requesting Party's specifications and at the
Requesting Party's expense, the Requesting Party shall specify at
the time of request whether the program is to be retained by the
Audited Party for reuse for any subsequent Audit. Notwithstanding
the foregoing, the Audited Party shall pay all of the Requesting
Party's external expenses (including, without limitation, the fees
of any independent auditor), in the event an Audit results in an
adjustment in the charges or in any invoice paid or payable by the
Requesting Party hereunder in an amount that is, on an annualized
basis, more than the greater of (a) one percent (1%) of the
aggregate charges for all services purchased under this Agreement or
(b) $10,000.
49.4 Adjustments, credits or payments shall be made and any corrective
action shall commence within thirty (30) days from the Audited
Party's receipt of the final audit report to compensate for any
errors or omissions which are disclosed by such Audit and are agreed
to by the Parties. The highest interest rate allowable by law for
commercial transactions shall be assessed and shall be computed by
compounding daily from the time of the original due date of the
amount of dispute.
49.5 Neither such right to examine and audit nor the right to receive an
adjustment shall be affected by any statement to the contrary
appearing on checks or otherwise.
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Part A
49.6 This Section 49 shall survive expiration or termination of this
Agreement for a period of two (2) years after expiration or
termination of this Agreement.
49.7 All transactions under this Agreement which are over thirty-six (36)
months old are no longer subject to Audit.
49.8 All information received or reviewed by the Requesting Party or the
independent auditor in connection with the Audit is to be considered
Proprietary Information as defined by this Agreement. The Audited
Party reserves the right to require any non-employee who is involved
directly or indirectly in any Audit or the resolution of its
findings as described above to execute a nondisclosure agreement
satisfactory to the Audited Party. To the extent an Audit involves
access to information of third parties, the Audited Party will
aggregate such competitors' data before release to the Requesting
Party, to insure the protection of the proprietary nature of
information of other competitors. To the extent a competitor is an
Affiliate of the Audited Party (including itself and its
subsidiaries), the Parties shall be allowed to examine such
Affiliate's disaggregated data, as required by reasonable needs of
the Audit.
49.9 An "Examination" shall mean an inquiry reasonably requested by
either Party into a specific element of or process where the
requesting Party raises a dispute concerning services performed by
the other Party under this Agreement and such dispute has not been
resolved through the escalation process described in this Agreement.
Only that information that is necessary to resolve the dispute in
issue must be provided in the course of an Examination and the total
time involved in an Examination for each Party may not exceed three
(3) people for three (3) days and no more than 10,000 pages of
documents may be reviewed. Appropriate provisions of Section 49 that
apply to Audits shall also apply to Examinations, except that either
Party may conduct only a total of nine (9) Examinations and Audits
per year, with a maximum of three (3) Audits per year.
50. Miscellaneous Services
50.1 Basic 911 and E911 General Requirements
50.1.1 Basic 911 and E911 provides a caller access to the
appropriate emergency service bureau by dialing a 3-digit
universal telephone number (911). Basic 911 and E911 access
from Local Switching shall be provided to ATTI in accordance
with the following:
50.1.2 Each Party will be responsible for those portions of the 911
System for which it has reasonable control, including any
necessary maintenance to each Party's portion of the 911
System.
50.1.3 E911 shall provide additional routing flexibility for 911
calls. E911 shall use Customer data, contained in the
Automatic Location Identification/Data Management System
("ALI/DMS"). to determine to which Public Safety Answering
Point ("PSAP") to route the call.
50.1.4 If available in the U S WEST network, U S WEST shall offer a
third type of 911 service, S911. All requirements for E911
also apply to S911 with the exception of the type of signaling
used on the interconnection trunks from the local switch to
the E911 Tandem.
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Part A
50.1.5 Basic 911 and E911 functions provided to ATTI shall be at
least at parity with the support and services that U S WEST
provides to its Customers for such similar functionality.
50.1.6 Basic 911 and E911 access from Local Switching shall be
provided to ATTI in accordance with the following:
50.1.6.1 U S WEST shall conform to all state regulations
concerning emergency services.
50.1.6.2 For E911 provided to resold lines or in association
with unbundled switching, U S WEST shall use its service
order process to update and maintain Customer
information in the ALI/DMS data base. Through this
process, U S WEST shall provide and validate Customer
information resident or entered into the ALI/DMS data
base.
50.1.7 U S WEST shall provide for overflow 911 traffic consistent
with U S WEST policy and procedure.
50.1.8 Basic 911 and E911 access from the ATTI local switch shall be
provided to ATTI in accordance with the following:
50.1.8.1 If required by ATTI, U S WEST shall interconnect
direct trunks from the ATTI network to the E911 Tandem
for connection to the PSAP. Such trunks to the E911
Tandem may alternatively be provided by ATTI.
50.1.8.2 In government jurisdictions where U S WEST has
obligations under existing agreements as the primary
provider of the 911 System to the county, ATTI shall
participate in the provision of the 911 System as
follows:
(a) Each Party shall be responsible for those portions
of the 911 System for which it has control,
including any necessary maintenance to each
Party's portion of the 911 System.
(b) U S WEST shall be responsible for maintaining the
E-911 database.
50.1.8.3 If a third party is the primary service provider to a
government agency, ATTI shall negotiate separately with
such third party with regard to the provision of 911
service to the agency. All relations between such third
party and ATTI are totally separate from this Agreement
and U S WEST makes no representations on behalf of the
third party.
50.1.8.4 If ATTI or an Affiliate is the primary service
provider to a government agency, ATTI and U S WEST shall
negotiate the specific provisions necessary for
providing 911 service to the agency and shall include
such provisions in an amendment to this Agreement.
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Part A
50.1.8.5 Interconnection and database access shall be priced
as specified in Attachment 1 to this Agreement or at any
rate charged to other interconnected carriers, whichever
is lower.
50.1.8.6 ATTI will separately negotiate with each county
regarding the collection and reimbursement to the county
of applicable Customer taxes for 911 service.
50.1.8.7 U S WEST shall comply with established, competitively
neutral intervals for installation of facilities,
including any collocation facilities, diversity
requirements, etc.
50.1.8.8 In a resale situation, where it may be appropriate
for U S WEST to update the ALI database, U S WEST shall
update such database with ATTI data in an interval no
less than is experienced by U S WEST Customers, or than
for other carriers, whichever is faster, at no
additional cost.
50.1.9 The following are Basic 911 and E911 Database Requirements:
50.1.9.1 The ALI database shall be managed by U S WEST, but is
the property of U S WEST and any participating telephone
company and CLEC for those records provided by the
company.
50.1.9.2 U S WEST, or its agent, will be responsible for
maintaining the E911 Data Base. U S WEST, or its agent,
will provide a copy of the Master Street Address Guide
("MSAG"), and periodic updates, to ATTI.
50.1.9.3 Copies of the MSAG shall be provided within
twenty-one (21) calendar days from the time requested
and shall be provided on diskette, magnetic tape, or in
a format suitable for use with desktop computers.
50.1.9.4 ATTI assumes all responsibility for the accuracy of
the data that ATTI provides to U S WEST for MSAG
preparation and E911 Database operation.
50.1.9.5 ATTI shall be solely responsible for providing ATTI
database records to U S WEST for inclusion in U S WEST's
ALI database on a timely basis.
50.1.9.6 ATTI will provide end user data to the U S WEST ALI
database that are MSAG valid.
50.1.9.7 ATTI will update its end user records provided to the
U S WEST ALI database to agree with the 911 MSAG
standards for its service areas.
50.1.9.8 U S WEST and ATTI shall arrange for the automated
input and periodic updating of the E911 database
information related to ATTI end users for resold lines
in accordance with Section 10.1 of Attachment 2 to this
Agreement. ATTI may request, through the BFR process,
similar arrangements for ATTI customers served on a
non-resale basis. U S WEST will furnish ATTI any
variations to
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Part A
NENA recommendations required for ALI data base input.
The cost of magnetic tape transfer shall be borne by
ATTI.
50.1.9.9 U S WEST and ATTI shall arrange for the automated
input and periodic updating of the E911 database
information related to ATTI end users. For resold
services, U S WEST shall work cooperatively with ATTI to
ensure the accuracy of the data transfer by verifying it
against the MSAG. For ATTI's customers served by
unbundled Network Elements or through ATTI's own
facilities, ATTI shall ensure the accuracy of its 911
data by verifying it against the MSAG.
50.1.9.10 ATTI shall assign an E911 database coordinator
charged with the responsibility of forwarding ATTI end
user ALI record information to U S WEST or via a
third-party entity, charged with the responsibility of
ALI record transfer. ATTI assumes all responsibility for
the accuracy of the data that ATTI provides to U S WEST.
50.1.9.11 The Parties shall maintain a single point of contact
to coordinate all E911 activities under this Agreement.
50.1.9.12 For resold services, ATTI shall provide information
on new Customers to U S WEST within one (1) Business Day
of the order completion. U S WEST shall update the
database within two (2) Business Days of receiving the
data from ATTI. If U S WEST detects an error in the ATTI
provided data, the data shall be returned to ATTI within
two (2) Business Days from when it was provided to U S
WEST. ATTI shall respond to requests from U S WEST to
make corrections to database record errors by uploading
corrected records within two (2) Business Days. Manual
entry shall be allowed only in the event that the system
is not functioning properly. ATTI may request, through
the BFR process, similar services from U S WEST for
their customers who are served on a non-resale basis.
50.1.9.13 The Parties will cooperate to implement the adoption
of a Carrier Code (NENA standard five-character field)
on all ALI records received from ATTI, when those
standards, NENA-02-OON, are adopted by the industry
standards process. U S WEST will furnish ATTI any
variations from NENA recommendations required for ALI
database input. The Carrier Code will be used to
identify the carrier of record in INP configurations.
50.1.9.14 ATTI will provide end user data to the U S WEST ALI
database utilizing NENA-02-001 Recommended Formats For
Data Exchange, and Recommended Standard For Street
Thoroughfare Abbreviations and Protocols For Data
Exchange and Data Quality utilizing NENA Recommended
Formats for Data Exchange document dated June, 1993.
50.1.9.15 U S WEST shall identify which ALI databases cover
which states, counties or parts thereof, and identify
and communicate a point of contact for each.
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Part A
50.1.9.16 U S WEST will provide ATTI with the identification of
the U S WEST 911 controlling office that serves each
geographic area served by ATTI.
50.1.9.17 U S WEST shall provide to ATTI, for ATTI Customers,
E911/911 call routing to the appropriate Public Safety
Answering Point ("PSAP") for resold lines. U S WEST
shall provide and validate ATTI Customer information to
the PSAP in the same fashion as it does for its own
Customers. U S WEST shall use its service order process
to update and maintain, on the same schedule that it
uses for its end users, the ATTI Customer service
information in the ALI/DMS used to support E911/911
services. ATTI may request, through the BFR process,
similar services from U S WEST for their customers who
are served on a non-resale basis.
50.1.9.18 ATTI exchanges to be included in US WEST's E911
Database will be indicated via written notice and will
not require an amendment to this Agreement.(34)
50.1.10 The following are Basic 911 and E911 Network Requirements:
50.1.10.1 U S WEST, at ATTI's option, shall provide a minimum
of two (2) E911 trunks per jurisdictional area, or that
quantity which will maintain P.01 transmission grade of
service, or the level of service provided by U S WEST to
itself, whichever is the higher grade of service. These
trunks will be dedicated to routing 911 calls from ATTI
switch to a U S WEST E911 tandem.
50.1.10.2 U S WEST shall provide ATTI a data link to the
ALI/DMS database or permit ATTI to provide its own data
link to the ALI/DMS database. U S WEST shall provide
error reports from the ALI/DMS database to ATTI
immediately after ATTI inputs information into the
ALI/DMS database. Alternately, ATTI may utilize U S WEST
or a third party entity to enter Customer information
into the database on a demand basis, and validate
Customer information on a demand basis.
50.1.10.3 U S WEST shall provide the selective routing of E911
calls received from ATTI switching office. This includes
the ability to receive the ANI of the ATTI Customer,
selectively route the call to the appropriate PSAP, and
forward the Customer's ANI to the PSAP. U S WEST shall
provide ATTI with the appropriate CLLI codes and
specifications regarding the tandem serving area
associated addresses and meet points in the network.
50.1.10.4 Copies of E911 Tandem Boundary Maps shall be
available to ATTI. Each map shows the areas served by
that E911 tandem. The map provides ATTI the information
necessary to set up its network to route E911 callers to
the correct E911 tandem.
50.1.10.5 ATTI shall ensure that its switch provides an
eight-digit ANI consisting of an information digit and
the seven-digit exchange code. ATTI shall also ensure
that its switch provides the line
----------
(34) Per AT&T Order at page 34, Issue 68.
73
Part A
number of the calling station. In the event of a change
in industry standards, the Parties shall cooperate to
incorporate the changed standards in their respective
networks.
50.1.10.6 Each ALI discrepancy report shall be jointly
researched by U S WEST and ATTI. Corrective action shall
be taken immediately by the responsible party.
50.1.10.7 Technical specifications for E911 network interface
are available through U S WEST technical publication
77338. Technical specifications for database loading and
maintenance are available through the third party
database manager -- SCC.
50.1.10.8 U S WEST shall begin restoration of E911 and/or E911
trunking facilities immediately upon notification of
failure or outage. U S WEST must provide priority
restoration of trunks or networks outages on the same
terms/conditions it provides itself and without the
imposition of Telecommunications Service Priority (TSP).
50.1.10.9 U S WEST shall identify any special operator-assisted
calling requirements to support 911.
50.1.10.10 Trunking shall be arranged to minimize the likelihood of
central office isolation due to cable cuts or other
equipment failures. There will be an alternate means of
transmitting a 911 call to a PSAP in the event of
failures.
50.1.10.11 Circuits shall have interoffice loop and carrier
system diversity when such diversity can be achieved
using existing facilities. Circuits will be divided as
equally as possible across available carrier systems.
Diversity will be maintained or upgraded to utilize the
highest level of diversity available in the network.
50.1.10.12 Equipment and circuits used for 911 shall be
monitored at all times. Monitoring of circuits shall be
done to the individual circuit level. Monitoring shall
be conducted by U S WEST for trunks between the tandem
and all associated PSAPs.
50.1.10.13 Repair service shall begin immediately upon receipt
of a report of a malfunction. Repair service includes
testing and diagnostic service from a remote location,
dispatch of or in-person visit(s) of personnel.
Technicians will be dispatched without delay.
50.1.10.14 All 911 trunks must adhere to the Americans with
Disabilities Act requirements.
50.1.10.15 The Parties will cooperate in the routing of 911
traffic in those instances where the ALI/ANI information
is not available on a particular 911 call.
50.1.10.16 ATTI is responsible for network management of its
network components in compliance with the Network
Reliability Council Recommendations and meeting the
network standard of U S WEST for the 911 call delivery.
74
Part A
50.1.11 Basic 9ll and E911 Additional Requirements
50.1.11.1 All ATTI lines that have been ported via INP shall
reach the correct PSAP when 911 is dialed. U S WEST
shall send both the ported number and the ATTI number
(if both are received from ATTI). The PSAP attendant
shall see both numbers where the PSAP is using a
standard ALI display screen and the PSAP extracts both
numbers from the data that is sent.
50.1.11.2 U S WEST shall work with the appropriate government
agency to provide ATTI the ten-digit POTS number of each
PSAP which subtends each U S WEST E911 Tandem to which
ATTI is interconnected.
50.1.11.3 U S WEST will provide ATTI with the ten-digit
telephone numbers of each PSAP agency, for which U S
WEST provides the 911 function, to be used by ATTI
operators for handling emergency calls in those
instances where the ATTI Customer dials "0" instead of
"911."
50.1.11.4 ATTI will provide U S WEST with the ten-digit
telephone numbers of each PSAP agency, .for which ATTI
provides the 911 function, to be used by U S WEST
operators for handling emergency calls in those
instances where the U S WEST Customer dials "0" instead
of "911."
50.1.11.5 U S WEST shall notify ATTI forty-eight (48) hours in
advance of any scheduled testing or maintenance
affecting ATTI 911 service, and provide notification as
soon as possible of any unscheduled outage affecting
ATTI 911 service.
50.1.11.6 ATTI shall be responsible for reporting all errors,
defects and malfunctions to U S WEST. U S WEST shall
provide ATTI with the point of contact for reporting
errors, defects, and malfunctions in the service and
shall also provide escalation contacts.
50.1.11.7 ATTI may enter into subcontracts with third parties,
including ATTI affiliates, for the performance of any of
ATTI duties and obligations stated herein.
50.1.11.8 U S WEST shall provide sufficient planning
information regarding anticipated moves to SS7 signaling
for the next twelve (12) months.
50.1.11.9 U S WEST shall provide notification of any pending
tandem moves, NPA splits, or scheduled maintenance
outages with enough time to react.
50.1.11.10 U S WEST shall provide "reverse ALI" inquiries by
public safety entities, consistent with U S WEST's
practices and procedures.
50.1.11.11 U S WEST shall manage NPA splits by populating the
ALI database with the appropriate new NPA codes,
consistent with U S WEST's practices and procedures for
resold services.
50.1.11.12 U S WEST must provide the ability for ATTI to update
the 911 database with end user information for lines
that have been ported via INP or NP.
75
Part A
50.1.11.13 The data in the ALI database shall be managed by U S
WEST but is the property of U S WEST and all
participating telephone companies.
50.1.12 Performance Criteria. E911 Database accuracy shall be as set
forth below:
50.1.12.1 Accuracy of ALI (Automatic Location Identification)
data submitted by ATTI to U S WEST will be measured
jointly by the PSAPs and U S WEST. All such reports
shall be forwarded to ATTI by U S WEST and will indicate
incidents when incorrect or no ALI data is displayed. A
report regarding any inaccuracy shall be prepared by U S
WEST.
50.1.12.2 Each discrepancy report will be jointly researched
by U S WEST and ATTI. Corrective action will be taken
immediately by the responsible party.
50.1.12.3 Each party will be responsible for the accuracy of
the Customer records it provides.
50.2 Directory Assistance Service
50.2.1 U S WEST shall provide for the routing of directory
assistance calls (including but not limited to 411, 555-1212,
NPA-555-1212) dialed by ATTI Customers directly to either the
ATTI Directory Assistance Service platform or U S WEST
Directory Assistance Service platform as specified by ATTI.
50.2.2 ATTI Customers shall be provided the capability by U S WEST
to dial the same telephone numbers for access to ATTI
Directory Assistance that U S WEST Customers to access U S
WEST Directory Assistance.
50.2.3 U S WEST shall provide Directory Assistance functions and
services to ATTI for its Customers as described below until,
at ATTI's discretion, U S WEST routes calls to the ATTI
Directory Assistance Services platform.
50.2.3.1 U S WEST agrees to provide ATTI Customers with the
same Directory Assistance service available to U S WEST
Customers.
50.2.3.2 U S WEST shall notify ATTI in advance of any changes
or enhancements to its Directory Assistance Service, and
shall make available such service enhancements on a
non-discriminatory basis to ATTI.
50.2.3.3 U S WEST shall provide Directory Assistance to ATTI
Customers in accordance with U S WEST's internal
operating procedures and standards, which shall, at a
minimum, comply with accepted professional and industry
standards.
50.2.3.4 U S WEST shall provide ATTI with the same level of
support for the provisioning of Directory Assistance as
U S WEST provides itself.
50.2.3.5 Service levels shall comply, at a minimum, with State
Regulatory Commission requirements for directory
assistance.
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Part A
50.2.3.6 U S WEST agrees to maintain an adequate operator work
force based on a review and analysis of actual call
attempts and abandonment rate.
50.2.3.7 Subject to the provisions of the applicable U S WEST
collective bargaining agreements, ATTI shall participate
in all call monitoring activities available to U S WEST
and to remote call monitor as customarily practiced by
the outsource customers of call centers.
50.2.3.8 U S WEST shall provide the following minimum Directory
Assistance capabilities to ATTI Customers:
(a) A maximum of two Customer listings and/or
addresses or U S WEST parity per ATTI Customer
request.
(b) Name and address to ATTI Customers upon request,
except for unlisted numbers, in the same states
where such information is provided to U S WEST
Customers.
(c) For ATTI customers who are served exclusively
through resold U S WEST retail services ATTI may
resell U S WEST's Directory Assistance call
completion services to the extent U S WEST offers
call Directory Assistance call completion to its
own end users. For ATTI customers who are served
from an ATTI switch, ATTI may request Directory
Assistance call completion services through the
BFR process. Such BFR process shall address the
identification of the ATTI end user at the U S
WEST Directory Assistance platform for purposes of
routing and billing of intraLATA and interLATA
toll calls.
(d) The U S WEST mechanized interface with the U S
WEST subscriber Listing database is not available
for ATTI as of the Effective Date of this
Agreement. When the mechanized interface is
available, U S WEST will populate the Directory
Assistance Database in the same manner and in the
same time frame as for U S WEST Customers.
(e) Any information provided by a Directory Assistance
Automatic Response Unit (ARU) shall be repeated
the same number of times for ATTI Customers as for
U S WEST's Customers.
(f) When an ATTI Customer served on a resale or
unbundled switching basis requests a U S WEST
directory assistance operator to provide instant
credit on a directory assistance call, the U S
WEST directory assistance operator shall inform
the ATTI Customer to call an 800 number for ATTI
Customer service to request a credit. The accurate
identification of ATTI as the customer's local
service provider by the U S WEST directory
assistance operator requires the use of separate
ATTI trunks to the Directory Assistance Platform.
50.2.3.9 For resold lines and unbundled switching, U S WEST
shall provide data regarding billable events as
requested by ATTI.
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Part A
50.2.3.10 U S WEST agrees to (1) provide to ATTI operators, on
line access to U S WEST's directory assistance database
equivalent to the access provided to U S WEST operators;
(2) allow ATTI or an ATTI designated operator bureau to
license U S WEST's subscriber Listings database on terms
and conditions equivalent to the terms and conditions
upon which U S WEST utilizes such databases; and (3) in
conjunction with branded or unbranded Directory
Assistance Service pursuant to Section 8 of this Part A
of this Agreement, provide caller-optional Directory
Assistance call completion service which is comparable
in every way to the Directory Assistance call completion
service U S WEST makes available to its own users. ATTI
may, at its option, request U S WEST not to provide call
completion services to ATTI.
50.2.3.11 In addition to charges for directory assistance when
call completion for an intraLATA toll call is requested,
the applicable charge for the completion of such
intraLATA toll call will apply.
50.3 Operator Services
50.3.1 U S WEST shall provide for the routing of local Operator
Services calls (including but not limited to 0+, 0-) dialed by
ATTI Customers directly to either the ATTI operator service
platform or U S WEST operator service platform as specified by
ATTI.
50.3.2 ATTI Customers shall be provided the capability by U S WEST
to dial the same telephone numbers to access ATTI operator
service that U S WEST Customers dial to access U S WEST
operator service.
50.3.3 U S WEST shall provide Operator Services to ATTI as described
below until, at ATTI's discretion, U S WEST routes calls to
the ATTI local Operator Services platform.
50.3.3.1 U S WEST agrees to provide ATTI Customers the same
Operator Services available to U S WEST Customers. U S
WEST shall make available its service enhancements on a
non-discriminatory basis.
50.3.3.2 U S WEST shall provide the following minimum Operator
Services capabilities to ATTI Customers:
(a) U S WEST shall complete 0+ and 0- dialed local
calls, including 0-Coin, Automatic Coin Telephone
Service (ACTS) and the completion of coin calls,
the collection of coins, and the provision of coin
rates.
(b) U S WEST shall complete 0+ intraLATA and, when
offered, interLATA toll calls. The Parties will
cooperate to develop industry standards to include
the end user's PIC in operator services signaling
and the development of associated routing
procedures.
(c) U S WEST shall complete calls for ATTI's Customers
that are billed to calling cards and other
commercial cards on the same basis as provided to
U S WEST own customers and
78
Part A
ATTI shall designate to U S WEST the acceptable
types of special billing.
(d) U S WEST shall complete person-to-person calls.
(e) U S WEST shall complete collect calls.
(f) U S WEST shall provide the capability for callers
to xxxx to a third party and complete such calls.
(g) U S WEST shall complete station-to-station calls.
(h) U S WEST shall process emergency calls.
(i) U S WEST shall process Busy Line Verify and Busy
Line Interrupt requests.
(j) U S WEST shall process emergency call trace in
accordance with its normal and customary
procedures.
(k) U S WEST shall process operator-assisted directory
assistance calls.
(l) U S WEST operators shall provide ATTI Customers
with long distance rate quotes to the extent U S
WEST provides such rate quotes to its own end
users. Based on technology available as of the
Effective Date of this Agreement the provision of
rate quotes to ATTI Customers requires a separate
ATTI trunk group to the U S WEST operator services
platform to identify the caller as an ATTI
Customer.
(m) U S WEST operators shall provide ATTI Customers
with time and charges to the extent U S WEST
provides such time and charges to its own end
users. Based on technology available as of the
Effective Date of this Agreement, the provision of
time and charges to ATTI Customers requires a
separate ATTI trunk group to the U S WEST operator
services platform to identify the caller as an
ATTI Customer.
(n) U S WEST shall route 0- traffic to a "live"
operator team.
(o) Under the circumstances that U S WEST grants
credit to its customers for a U S WEST failure to
provide directory assistance services as required
by U S WEST tariffs or as U S WEST otherwise
grants credits on a discretionary basis to U S
WEST customers, U S WEST will, on a
non-discriminatory basis, (i) in connection with
resold services, provide an equivalent credit to
ATTI or (ii) in connection with non-resold
services, provide ATTI a credit in the amount paid
by ATTI for the unbundled service.(35)
----------
(35) Per AT&T Recommendations at page 18, Issue 105.
79
Part A
(p) U S WEST shall provide caller assistance for the
disabled in the same manner as provided to U S
WEST Customers.
(q) When available to U S WEST end users, U S WEST
shall provide operator-assisted conference calling
to ATTI.
50.3.3 U S WEST shall exercise at least the same level of fraud
control in providing Operator Service to ATTI that U S WEST
provides for its own operator service, where the ATTI fraud
control data is in U S WEST's Line Information Data Base
("LIDB").
50.3.4 U S WEST shall perform Billed Number Screening (BNS) when
handling collect, third party, and calling card calls, both
for station to station and person to person call types.
50.3.5 Subject to the provisions of the applicable U S WEST
collective bargaining agreements ATTI shall be permitted to
participate in all call monitoring activities available to U S
WEST and to remote call monitor as customarily practiced by
the outsource customers of call centers.
50.3.6 U S WEST shall direct Customer account and other similar
inquiries to the Customer service center designated by ATTI.
50.3.7 U S WEST shall provide an electronic feed of Customer call
records in "EMR" format to ATTI in accordance with the time
schedule mutually agreed between the Parties.
50.3.8 U S WEST shall update the LIDB for ATTI Customers.
Additionally, U S WEST must provide access to LIDB for
validation of collect, third party billed, and LEC card billed
calls.
50.3.9 Where INP is deployed and when a BLV/BLI request for a ported
number is directed to a U S WEST operator and the query is not
successful (i.e., the request yields an abnormal result), ATTI
may request, through the BFR process, that the operator
confirm whether the number has been ported and direct the
request to the appropriate operator.
50.3.10 U S WEST shall allow ATTI to order provisioning of Telephone
Line Number (TLN) calling cards and Billed Number Screening
(BNS), in its LIDB, for ported numbers, as specified by ATTI.
U S WEST shall continue to allow ATTI access to its LIDB.
50.3.11 Toll and Assistance ("TIA") refers to functions Customers
associate with the "0" operator. Subject to availability and
capacity, access may be provided via operator services trunks
purchased from U S WEST or provided by ATTI via collocation
arrangements to route calls to ATTI's platform.
50.3.12 Automated Branding - ability to announce the carrier's name
to the Customer during the introduction of the call.
50.3.13 Interconnection to the U S WEST Toll and Assistance Operator
Services from an end office to U S WEST T/A is technically
feasible at least at three (3) distinct points on the trunk
side of the switch. The first connection point is an operator
80
Part A
services trunk connected directly to the T/A host switch. The
second connection point is an operator services trunk
connected directly to a remote T/A switch. The third
connection point is an operator services trunk connected to a
remote access tandem with operator concentration capabilities.
50.3.14 All trunk interconnections will be digital.
50.3.15 The technical requirements of operator services type trunks
and the circuits to connect the operator positions to the host
are covered in the Operator Services Switching Generic
Requirements ("OSSGR") Bellcore Document number FRNWT-0 00271.
50.3.16 Busy Line Verify and Interrupt
50.3.16.1 At the request of ATTI operators or Customers, U S
WEST operators will perform Busy Line Verify ("BLV")
and/or Busy Line Interrupt ("BLI") operations where such
capacity exists.
50.3.16.2 When possible and where consistent with the service
U S WEST provides to its own Customers and/or end users,
U S WEST shall engineer its BLV/BLI facilities to
accommodate the anticipated volume of BLV/BLI requests
during the busy hour. ATTI may, from time to time,
provide its anticipated volume of BLV/BLI requests to
U S WEST. In those instances when failures occur to
significant portions of the BLV/BLI systems and
databases and those systems and databases become
unavailable, U S WEST shall promptly Inform ATTI.
50.3.16.3 BLV is performed when one Party's Customer requests
assistance from the other Party's operator or operator
bureau to determine if the called line is in use;
provided, however, that the operator bureau will not
complete the call for the Customer initiating the BLV
inquiry. Only one (1) BLV attempt will be made per
Customer operator bureau call, and a charge shall apply
whether or not the called party releases the line.
50.3.16.4 BLI is performed when one Party's Customer requests
assistance from the other Party's operator bureau to
interrupt a telephone call in progress after BLV has
occurred. The operator bureau will interrupt the busy
line and inform the called party that there is a call
waiting. The operator bureau will only interrupt the
call and will not complete the telephone call of the
Customer initiating the BLI request. The operator bureau
will make only one (1) BLI attempt per Customer operator
telephone call and the applicable charge applies whether
or not the called party releases the line.
50.3.16.5 Each Party's operator bureau shall accept BLV and
BLI inquiries from the operator bureau of the other
Party in order to allow transparent provision of BLV/
BLI traffic between the Parties' networks.
50.3.16.6 Each Party shall route BLV/BLI Traffic inquiries
over direct trunks between the Parties' respective
operator bureaus. Unless otherwise mutually agreed, the
Parties shall configure BLV/BLI trunks over the
81
Part A
Interconnection architecture defined in Attachment 4 to
this Agreement.
50.4 Directory Assistance and Listings Service Requests
50.4.1 These requirements pertain to U S WEST's Directory Assistance
and Listings Service Request process that enables ATTI to (a)
submit ATTI Customer information for inclusion in U S WEST
Directory Assistance and Directory Listings databases; (b)
submit ATTI Customer information for inclusion in published
directories; and (c) provide ATTI Customer delivery address
information to enable U S WEST to fulfill directory
distribution obligations.
50.4.1.1 (Intentionally left blank for numbering consistency)
50.4.1.2 U S WEST will accept the following Directory Listing
Migration Orders from ATTI, valid under all access
methods, including but not limited to, Resale, Unbundled
Network Elements and Facilities-Based, and will process
the orders in a mechanized format:
(a) Migrate with no Changes: Maintain all directory
listings for the Customer in both Directory
Assistance and Directory Listing. Transfer
ownership and billing for listings to ATTI.
(b) Migrate with Additions: Maintain all directory
listings for the Customer in both Directory
Assistance and Directory Listing. Incorporate the
specified additional listings order. Transfer
ownership and billing for the listings to ATTI.
(c) Migrate with Deletions: Maintain all directory
listings for the Customer in both Directory
Assistance and Directory Listing. Delete the
specified listings from the listing order.
Transfer ownership and billing for the listings to
ATTI.
50.4.1.3 The Directory Listings Migration Options should not
be tied to migration options specified for a related
service order (if any) such that a service order
specified as migration with changes may be submitted
along with a directory listing order specified as
migration with no changes.
50.4.1.4 U S WEST shall enable ATTI to electronically transmit
multi-line listing orders.
50.4.1.5 U S WEST agrees to work cooperatively with ATTI to
define specifications for, and implement a daily summary
report of, Directory Service Requests. The summary
information will include but is not limited to the
following information:
(a) White page listings text and format (name,
address, phone, title, designation, extra line
requirements)
(b) Listing Instruction codes
50.4.1.6 To ensure accurate order processing, U S WEST shall
provide to ATTI the following information, with updates
within one (1) Business Day of change and via electronic
exchange:
82
Part A
(a) A matrix of NXX to central office
(b) Geographical maps, if available, of U S WEST
service area
(c) A description of calling areas covered by each
directory, including but not limited to maps of
calling areas and matrices depicting calling
privileges within and between calling areas
(d) Listing format rules
(e) Listing alphabetizing rules
(f) Standard abbreviations acceptable for use in
listings and addresses
(g) Titles and designations
50.4.1.7 Based on changes submitted by ATTI, U S WEST shall
update and maintain Directory Assistance and Directory
Listings data for ATTI Customers who:
(a) Disconnect Service
(b) Change carrier
(c) Install Service
(d) Change any service which affects Directory
Assistance information
(e) Specify Non-Solicitation
(f) Are Non-Published Non-Listed, or Listed
50.4.1.8 U S WEST shall not charge for storage of ATTI Customer
information in the Directory Assistance and Directory
Listing systems.
50.4.1.9 ATTI shall not charge for storage of U S WEST
Customer information in the Directory Assistance and
Directory Listing systems.
50.5 Directory Assistance Data
50.5.1 This Section refers to the residential, business, and
government Customer records used by U S WEST to create and
maintain databases for the provision of live or automated
operator assisted Directory Assistance. Directory Assistance
data is information that enables telephone exchange carriers
to swiftly and accurately respond to requests for directory
information, including, but not limited to, name, address and
phone numbers. Under the provisions of the Act and the FCC's
Interconnection Order, U S WEST shall provide unbundled and
non-discriminatory access to the residential, business and
government Customer records used by U S WEST to create and
maintain databases for the provision of live or automated
operator assisted Directory Assistance. ATTI may combine this
element with any other Network Element for the provision of
any Telecommunications Service.(36)
50.5.2 U S WEST shall provide an initial load of Customer records
and Customer list information to ATTI, in a mutually-agreed-to
format, via electronic transfer, within thirty (30) calendar
days of the Effective Date of this Agreement. The initial load
shall include all data resident in the U S WEST Databases
and/or systems used by U S WEST for housing Directory
Assistance data and/or
----------
(36) Per AT&T Order at page 32, Issue 63.
83
Part A
Customer Listing data. In addition, the initial load shall be
current as of the prior Business Day on which the initial load
is provided.
50.5.3 U S WEST shall provide ATTI daily updates to the Customer
records and Customer list information in a mutually-agreed-to
format via electronic transfer.
50.5.4 U S WEST shall provide the ability for ATTI to electronically
query the U S WEST Directory Assistance Database and Listings
Database in a manner at least consistent with and equal to
that which U S WEST provides to itself or any other Person.
50.5.5 U S WEST shall provide an initial load of Customer records
and Customer list information to ATTI, in a mutually-agreed-to
format, via electronic transfer within thirty (30) calendar
days of the Effective Date of this Agreement. The initial load
shall include all data resident in the U S WEST Databases
and/or systems used by U S WEST for housing directory
assistance data and/or Customer Listing data. In addition the
initial load shall be current as of the prior Business Day on
which the initial load is provided.
50.5.6 U S WEST shall provide ATTI daily updates to the Customer
records and Customer list information in a mutually-agreed-to
format via electronic transfer.
50.5.7 U S WEST shall provide the ability for ATTI to electronically
query the U S WEST Directory Assistance Database and Listings
Database in a manner at least consistent with and equal to
that which U S WEST provides to itself or any other Person.
50.5.8 U S WEST shall provide ATTI a complete list of ILECs, CLECs,
and independent telephone companies that provided data
contained in the database.
50.5.9 On a daily basis, U S WEST shall provide updates (end user
and mass) to the Listing information via electronic data
transfer. Updates shall be current as of one business day
prior to the date provided to ATTI.
50.5.10 U S WEST shall provide ATTI access to Directory Assistance
support databases. For example, ATTI requires access to use
restriction information including but not limited to call
completion.
50.5.11 Directory Assistance data shall specify whether the Customer
is a residential business, or government Customer.
Additionally, data must include all levels of indentation and
all levels of information specified in "Directory Assistance
Data Information Exchanges and Interfaces" below.
50.5.12 Directory Assistance data shall be provided on the same
terms, conditions, and rates that U S WEST provides such data
to itself or other third parties.
50.5.13 U S WEST shall provide complete refresh of the Directory
Assistance data upon request by ATTI.
50.5.14 U S WEST and ATTI vuill cooperate in the designation of a
location at which the data will be provided.
84
Part A
51. Unused Transmission Media(37)
51.1 Definitions
51.1.1 Unused Transmission Media is physical inter-office
transmission media (e.g., optical fiber, copper twisted pairs,
coaxial cable) which have no lightwave or electronic
transmission equipment terminated to such media to
operationalize transmission capabilities.
51.1.2 Dark fiber is excess fiber optic cable which has been placed
in a network and is not currently being lit by electronics
from any carrier. Dark Fiber, one type of Unused Transmission
Media, is unused strands of optical fiber. Dark Fiber also
includes strands of optical fiber which may or may not have
lightwave repeater (regenerator or optical amplifier)
equipment interspliced, but which has no line terminating
facilities terminated to such strands. Unused Transmission
Media also includes unused wavelengths within a fiber strand
for purposes of coarse or dense wavelength division
multiplexed (WDM) applications. Typical single wavelength
transmission involves propagation of optical signals at single
wavelengths (1.3 or 1.55 micron wavelengths). In WDM
applications, a WDM device is used to combine optical signals
at different wavelengths on to a single fiber strand. The
combined signal is then transported over the fiber strand. For
coarse WDM applications, one (1) signal each at 1.3 micron and
1.55 micron wavelength are combined. For dense WDM
applications, many signals in the vicinity of 1.3 micron
wavelength and/or 1.55 micron wavelength are combined.
51.2 While U S WEST is not required to provide Unused Transmission Media
other than Dark Fiber,(38) ATTI may, subject to the agreement of U S
WEST, lease copper twisted pairs, coaxial cable or other Unused
Transmission Media.
51.3 Requirements
51.3.1 Subject to Section 51.2 above, US WEST shall make available
Unused Transmission Media to ATTI under a lease agreement or
other arrangement.
51.3.2 U S WEST shall provide a single point of contact for
negotiating all Unused Transmission Media use arrangements.
51.3.3 ATTI may test the quality of the Unused Transmission Media to
confirm its usability and performance specifications.
----------
(37) Per AT&T Order at pages 11-12, Issue 22.
(38) Per AT&T Order at pages 11-12, Issue 22.
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Part A
51.3.4 Where Unused Transmission Media is required to be offered or
is agreed to be offered by U S WEST, U S WEST shall provide to
ATTI information regarding the location, availability and
performance of Unused Transmission Media within ten (10)
Business Days for a records-based answer and twenty (20)
Business Days for a field-based answer, after receiving a
request from ATTI ("Request"). Within such time period, U S
WEST shall send written or electronic confirmation or any
other method of notification agreed to by the Parties of
availability of the Unused Transmission Media
("Confirmation").
51.3.5 Where Unused Transmission Media is required to be offered or
is agreed to be offered by U S WEST, U S WEST shall make
Unused Transmission Media available for ATTI's use in
accordance with the terms of this Section 51 within twenty
(20) Business Days or a reasonable timeframe consistent with
industry standards after it receives written acceptance from
ATTI that the Unused Transmission Media is wanted for use by
ATTI. Splicing of ATTI fiber may be performed at the same
points that are available for U S WEST splices.
51.4 Requirements Specific to Dark Fiber
51.4.1 ATTI may test Dark Fiber leased from U S WEST using ATTI or
ATTI designated personnel subject to Section 51.2. U S WEST
shall provide appropriate interfaces to allow testing of Dark
Fiber. U S WEST shall provide an excess cable length of
twenty-five (25) feet minimum, where available, for fiber in
underground conduit. U S WEST shall provide splicing of ATTI
fiber to U S WEST Dark Fiber under normal circumstances (e.g.,
no construction) in metropolitan areas within seventeen (17)
calendar days of ATTI's request, and within thirty (30)
calendar days of a request in a non-metropolitan area. ATTI
may request expedited splicing, which shall be subject to
available U S WEST resources.
51.4.2 For WDM applications, U S WEST shall provide to ATTI an
interface to an existing WDM device or allow ATTI to install
its own WDM device (where sufficient system loss margins exist
or where ATTI provides the necessary loss compensation) to
multiplex the traffic at different wavelengths. This applies
to both the transmit and receive ends of the Dark Fiber.
51.5 For the period beginning at the time of the Request and ending
ninety (90) days following Confirmation, U S WEST shall reserve such
Dark Fiber for ATTI and shall not allow any use thereof by any
Party, including U S WEST. ATTI shall elect whether or not to accept
such Dark Fiber within the ninety (90) day period following
Confirmation. ATTI may accept such Dark Fiber
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Part A
by sending written notice to U S WEST ("Acceptance"). If ATTI
requests reservation of Dark Fiber, U S WEST may charge a
reservation fee in an amount mutually agreed upon by the Parties.
ATTI's obligation to pay a reservation fee shall begin on the date
of the Confirmation. If the Parties are unable to agree on a
reasonable reservation fee, the fee shall be established pursuant to
the dispute resolution process in Section 27 of Part A of this
Agreement. ATTI shall begin payment for the use of Dark Fiber upon
the date of its timely Acceptance. If ATTI fails to send a timely
Acceptance, its reservation shall be released. If U S WEST agrees to
provide Unused Transmission Media other than Dark Fiber to ATTI, it
shall do so on the same terms and conditions as stated in this
section.(39)
U S WEST may not reserve future capacity of its Dark Fiber for its
own use,(40) with the exception of maintenance and emergency
spare.(41)
51.6 Portions of the bandwidth of the fiber may be sectioned and ATTI may
share the bandwidth with U S WEST and other CLECs.
52. Service Standards(42)
U S WEST will provide all Local Resale, Ancillary Functions, Network
Elements or Combinations in accordance with service standards,
measurements, and performance requirements that are expressly specified in
this Agreement and Attachment 5 hereto. In cases where such performance
standards are not expressly specified, U S WEST will provide all Local
Resale, Ancillary Functions Network Elements or Combinations in accordance
with performance standards which are at least equal to the level of
performance standards and/or quality of service that U S WEST provides to
itself, its Affiliates, to other CLECs, or other quality of service
requirements imposed by the Commission, whichever is higher in providing
Local Resale, Ancillary Functions, Network Elements or Combinations to
itself, to its end-users or to its Affiliates. If ATTI requests a higher
level of service than that provided by U S WEST to itself or other
Persons, ATTI shall make the request pursuant to the BFR process.
52.1 Definitions
The following service standards may be supplanted or supplemented by
a Commission decision in a proceeding conducted for the purpose of
determining the appropriate performance standards or the
applicability of penalties relative to U S WEST's compliance with
this Agreement, the Act or the Commission's orders.(43)
52.1.1 "Specified Performance Commitment" means the commitment by
U S WEST to meet the Performance Criteria for any Specified
Activity during the Specified Review Period. The Specified
Review
----------
(39) Per AT&T Recommendation at pages 19-20, Issue 138.
(40) Per AT&T Order at page 11, Issue 22.
(41) Per AT&T Recommendation at page 20, Issue 138.
(42) Per AT&T Order at pages 34-36, Issue 69.
(43) Per AT&T Order at pages 34-36, Issue 69.
87
Part A
Period shall be the same period as U S WEST provides itself
for existing Performance Criteria and shall be ninety (90)
days for new Performance Criteria. The standard of performance
for each of the measurements of performance in Washington
shall be the quality of service which U S WEST provides in
Washington to either itself, its ten largest end user
Customers in the aggregate, independent LECs in the aggregate,
other CLECs in the aggregate, or other quality of service
requirements imposed by the Commission, whichever is highest.
52.1.2 "Specified Activity" includes, but is not limited to, the
following activities:
(a) Installation Activities -- apply to resold services,
unbundled loops, unbundled switching, and interim number
portability:
(i) Installation Intervals Offered (measured from
application date to original due date);
(ii) Installation Commitments Met;
(iii) Installation Reports within seven (7) days
(percent of reports per total of new, to or change
orders).
(b) Repair Activities -- apply to resold service, unbundled
loops, unbundled switching, and interim number
portability:
(i) Out of Service Cleared in Less than Twenty-four
(24) Hours (percent of total out of service
reports);
(ii) Report Rate per 100 Access Lines;
(iii) Repair Commitments Met;
(iv) Out of Service and Service Affecting Cleared in
Less than Forty-eight (48) Hours;
(v) Repair Repeat Reports within Thirty (30) Days
(Percent of Repeats per 100 Access Lines).
(c) Trunking Activities -- includes interconnection trunks:
(i) Defects per One Million Calls (Dedicated
Facilities/Trunkside only).
52.1.3 "Performance Criteria" means, with respect to a Specified
Review Period (i.e., a calendar month or quarter), the
performance by U S WEST for each Specified Activity for ATTI
will meet or exceed U
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Part A
S WEST's overall average performance (as provided by U SWEST
to itself, to CLECs and to all other Persons) for each Resale
Service or unbundled Network Element.
52.2 Failure to Meet the Performance Criteria
If, during a Specified Review Period, U S WEST fails to meet the
Performance Criteria, U S WEST will use its best efforts to meet the
Performance Criteria for the next Specified Review Period. If U S
WEST fails to meet the Performance Criteria for two (2) consecutive
periods, the Parties agree, in good faith, to attempt to resolve
such issues through negotiation or non-binding arbitration. This
paragraph shall not be construed to waive either Party's right to
seek legal or regulatory intervention as provided by state or
federal law. ATTI may seek regulatory or other legal relief
including requests for specific performance of U S WEST's
obligations under this Agreement.
52.3 Limitations
U S WEST's failure to meet or exceed any of the Performance Criteria
cannot be as a result, directly or indirectly, of a Delaying Event.
A "Delaying Event" means (a) a failure by ATTI to perform any of its
obligations set forth in this Agreement, (b) any delay, act or
failure to act by a Customer, agent of subcontractor of ATTI, or (c)
any force majeure event. If a Delaying Event prevents U S WEST from
performing a Specified Activity, then such Specified Activity shall
be excluded from the calculation of U S WEST's compliance with the
Performance Criteria.
52.4 Records
U S WEST shall maintain complete and accurate records, for the
Specified Review Period, of its performance under this Agreement for
each Specified Activity and its compliance with the Performance
Criteria. U S WEST shall provide to ATTI such records in a
self-reporting format. The Parties agree that such records shall be
deemed Proprietary Information.
53. Entire Agreement
53.1 This Agreement shall include the Attachments, Appendices and other
documents referenced herein all of which are hereby incorporated by
reference, and constitutes the entire agreement between the Parties
and supersedes all prior oral or written agreements representations,
statements, negotiations, understandings, proposals and undertakings
with respect to the subject matter hereof.
53.2 If a provision contained in any U S WEST tariff conflicts with any
provision of this Agreement, the provision of this Agreement shall
control, unless otherwise ordered by the FCC or the Commission.
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Part A
54. Reservation of Rights
54.1 The Parties acknowledge that the terms of this Agreement were
established pursuant to an order of the Commission. Any or all of
the terms of this Agreement may be altered or abrogated by a
successful challenge to this Agreement (or the order approving this
Agreement) as permitted by applicable law. By signing this
Agreement, neither Party waives its right to pursue such a
challenge.
54.2 The Parties enter into this Agreement without prejudice to any
position they may have taken previously, or may take in the future
in any legislative, regulatory, or other public forum addressing any
matters, including matters related to the types of arrangements
prescribed by this Agreement.
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Part A
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
American Telephone Technology, Inc.** U S WEST Communications, Inc.**
/s/ F. Xxxxx Xxxxxx /s/ [Illegible]
--------------------------------- ---------------------------------
Signature Signature
F. Xxxxx Xxxxxx Xxxxxxxxx X. Xxxxxxx
--------------------------------- ---------------------------------
Name Printed/Typed Name Printed/Typed
Vice President - Finance Vice President - Interconnection
--------------------------------- ---------------------------------
Title Title
3-2-00 03/03/00
--------------------------------- ---------------------------------
Date Date
Signed as ordered by the
arbitrator/commission in Docket
No. UT-960309. Signature does not
indicate agreement with all
aspects of the arbitrator's
decision, nor does it waive any of
U S WEST's right to seek judicial
review of all or part of the
agreement, or to reform the
agreement to conform with the
Opinion of the United States Court
of Appeals for the Eighth Circuit,
or any other decision or opinion
following successful judicial
review.
** This Agreement is made pursuant to Section 252 (I) of the Act and is premised
upon the Interconnection Agreement between AT&T Communications of the Pacific
Northwest, Inc. and U S WEST Communications, Inc. (the "Underlying Agreement").
The Underlying Agreement was approved by the Commission on July 11, 1997.
With respect to this Agreement the Parties understand and agree:
i) The Parties shall request the Commission to expedite its review and approval
of this Agreement.
ii) Notwithstanding the mutual commitments set forth herein the Parties are
entering into this Agreement without prejudice to any positions they have taken
previously, or may take in the future, in any legislative, regulatory, or other
public forum addressing any matters, including those relating to the types of
arrangements contained in this Agreement. During the proceeding in which the
Commission is to review and approve the Agreement, U S WEST may point out that
it has objected, and continues to object, to the inclusion of the terms and
conditions to which it objected in the proceedings involving the approval of the
Underlying Agreement.
iii) This Agreement contains provisions based upon the decisions and orders of
the FCC and the Commission under and with respect to the Act. Currently, court
and regulatory proceedings affecting the subject matter of this Agreement are in
various stages, including the proceedings where certain of the
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Part A
of the Supreme Court's decision in AT&T Corp. et al. v. Iowa Utilities Board.
Based on that uncertainty, and the regulatory and judicial proceedings which
will occur as a result of that decision, the Parties acknowledge that this
Agreement may need to be changed to reflect any changes in law. The Agreement
has not been corrected to reflect the requirements, claims or outcomes of any of
the Proceedings, although the pricing does reflect the Commissions most current
generic order, if any. Accordingly, when a final, decision or decisions are made
in the Proceedings that automatically change and modify the Underlying
Agreement, then like changes and modifications will similarly be made to this
Agreement. In addition, to the extent rules or laws are based on regulatory or
judicial proceedings as a result of the recent Supreme Court decision, this
Agreement will be amended to incorporate such changes.
iv) Subsequent to the execution of this Agreement, the FCC or the Commission may
issue decisions or orders that change or modify the rules and regulations
governing implementing of the Act. If such changes or modifications alter the
state of the law upon which the Underlying Agreement was negotiated and agreed,
and it reasonably appears that the parties to the Underlying Agreement would
have negotiated and agreed to different term(s) condition(s) or covenant(s) than
as contained in the Underlying Agreement had such change or modification been in
existence before execution of the Underlying Agreement, then this Agreement
shall be amended to reflect such different terms(s), condition(s), or
covenant(s). Where the parties fail to agree upon such an amendment, it shall be
resolved in accordance with the Dispute Resolution provision of this Agreement.
v) This Agreement shall continue in force and effect until terminated by either
Party. The Agreement can be terminated on thirty (30) days notice, if another
Interconnection Agreement will not replace the current Agreement. If there is a
replacement Interconnection Agreement, one Party can notify the other Party that
it is requesting Section 251/252 negotiations under the Federal
Telecommunications Act of 1996 ("Act"). That notification will trigger the
timeframes and procedures contained in Section 252 of the Act. In the event of
such notice, the arrangements between our companies shall continue and be
governed by the terms of the expired agreement until the new agreement is
approved by the appropriate state commission.
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