EXHIBIT 10.22
AGREEMENT
between
PACIFIC XXXX
and
FOCAL COMMUNICATIONS CORPORATION OF CALIFORNIA
TABLE OF CONTENTS
Section Page
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PREFACE................................................................... 1
AGREEMENT................................................................. 1
RECITALS.................................................................. 1
DEFINITIONS and ACRONYMS.................................................. 1
GENERAL TERMS AND CONDITIONS......................................... 2
1. Provision of Local Service and Unbundled Elements................ 2
2. Term of Agreement; Transitional Support.......................... 3
3. Good Faith Performance........................................... 3
4. Option to Obtain Local Services or Network Elements Under
Other Agreements................................................. 3
5. Responsibility of Each Party..................................... 4
6. Governmental Compliance.......................................... 4
7. Responsibility For Environmental Contamination................... 4
8. Regulatory Matters............................................... 5
9. Liability and Indemnity.......................................... 6
10. Audits and Inspections........................................... 8
11. Performance Standards and Remedies............................... 9
12. Uncollectible or Unbillable Revenues............................. 9
13. Customer Credit History.......................................... 10
14. Force Majeure.................................................... 10
15. Certain State and Local Taxes.................................... 11
16. Alternative Dispute Resolution................................... 11
17. Notices.......................................................... 11
18. Confidentiality and Proprietary Information...................... 12
19. Branding......................................................... 14
20. Miscellaneous.................................................... 14
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ATTACHMENTS
Attachment 1 Definitions
Attachment 2 Acronyms
Attachment 3 Alternative Dispute Resolution
Attachment 4 Directory Listing Requirements
Attachment 5 Local Services Resale
Attachment 6 Specifications, Service Descriptions and Implementation
Schedule for Unbundled Network Elements
Attachment 7 Rights of Way (ROW), Conduits, Pole Attachments
Attachment 8 Pricing
Attachment 9 [Intentionally Omitted]
Attachment 10 Collocation
Attachment 11 Provisioning and Ordering
Attachment 12 Maintenance
Attachment 13 Connectivity Billing and Recording
Attachment 14 Provision of Customer Usage Data
Attachment 15 Local Number Portability and Number Assignment
Attachment 16 Security
Attachment 17 Service Performance Measures and Liquidated Damages
Attachment 18 Interconnection
Page ii
PREFACE
AGREEMENT
This Agreement, which shall become effective as of the _____ day of
________ 1998, is entered into by and between FOCAL COMMUNICATIONS CORPORATION
OF CALIFORNIA, a Delaware corporation, having an office at 000 X. Xx Xxxxx,
Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000, on behalf of itself and its Affiliates
(individually and collectively "CLC"), and PACIFIC XXXX, a California
corporation, having an office at 0000 Xxxxxxx Xx., Xxxxxxx, Xxxxxxxxxx
("PACIFIC").
RECITALS
WHEREAS, The Telecommunications Act of 1996 was signed into law on
February 8, 1996 (the "Act") and substantially amends the Communications Act of
1934; and
WHEREAS, the Act places certain duties and obligations upon, and
grants certain rights to, Telecommunications Carriers; and
WHEREAS, PACIFIC is an Incumbent Local Exchange Carrier; and
WHEREAS, PACIFIC is willing to sell unbundled Network Elements and
Ancillary Functions and additional features, as well as services for resale, on
the terms and subject to the conditions of this Agreement; and
WHEREAS, CLC is a Telecommunications Carrier and has requested
pursuant to Section 252 (i) of the Act to opt into the interconnection agreement
of ACN Communications of California which became effective July 3, 1997 for the
provision of interconnection, unbundled Network Elements (including Ancillary
Functions and additional features), and services pursuant to the Act;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants of this Agreement, CLC and PACIFIC hereby agree as follows:
DEFINITIONS and ACRONYMS
For purposes of this Agreement, certain terms have been defined in
Attachment 1 and elsewhere in this Agreement to encompass meanings that may
differ from, or be in addition to, the normal connotation of the defined word.
Unless the context clearly indicates otherwise, any term defined or used in the
singular shall include the plural. The words "shall" and "will" are used
interchangeably throughout this Agreement and the use of either connotes a
mandatory requirement. The use of one or the other shall not mean a different
degree of right or obligation for either Party. A defined word intended to
convey its special meaning is capitalized when used. Other terms that are
capitalized, and not defined in this Agreement, shall have the meaning in the
Act, unless the context clearly indicates otherwise. For convenience of
reference only, Attachment 2 provides a list of acronyms used throughout this
Agreement.
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Agreement between Pacific Xxxx and FOCAL
GENERAL TERMS AND CONDITIONS
1. Provision of Local Service and Unbundled Elements
1.1. This Agreement and its Attachments are subject to the Act, regulations
thereunder and relevant FCC and Commission decisions in effect on the
Effective Date of this Agreement. The effect on this Agreement of
changes in the Act, regulations thereunder and relevant FCC and
Commission decisions is set forth in Sections 8.3 and 8.4 of this
Agreement.
1.2. This Agreement, which consists of this statement of General Terms and
Conditions and Attachments 1 through 18, inclusive, sets forth the
terms, conditions and prices under which PACIFIC agrees to provide to
CLC (a) services for resale (hereinafter referred to as "Local
Services") and (b) certain unbundled Network Elements, Ancillary
Functions and additional features and (c) other services (hereinafter
collectively referred to as "Network Elements") or combinations of
such Local Services, Network Elements, Ancillary Functions and other
services for CLC's own use or for resale to others, and for purposes
of offering telecommunications services of any kind. This Agreement
also sets forth the terms and conditions for the interconnection of
CLC's network to PACIFIC's network and the reciprocal compensation for
the transport and termination of telecommunications traffic. Unless
otherwise provided in this Agreement, and except where not technically
feasible in a given area, PACIFIC will perform all of its obligations
hereunder throughout its entire service area, provided, however, that
PACIFIC is not required, except at CLC's request pursuant to Section
1.6 of Attachment 6, to install new or improved facilities in areas
where they do not currently exist, except as mutually agreed to in
writing by the Parties.
1.3. Subject to this Agreement and its Attachments , the Network Elements,
Ancillary Functions, Combinations, Local Services, or other services
provided pursuant to this Agreement may be connected, to other Network
Elements, Ancillary Functions, Combinations, Local Services, or other
services provided by PACIFIC or to any Network Elements, Ancillary
Functions, Combinations, Local Services or other services provided by
CLC itself or by any other vendor. Subject to the requirements of this
Agreement and its Attachments, CLC may, at any time add, delete,
relocate or modify the Network Elements, Ancillary Functions, Local
Services, Combinations or other services purchased hereunder.
1.4. PACIFIC will not discontinue any unbundled Network Element, Ancillary
Service or Combination during the term of this Agreement without CLC's
consent, except (i) to the extent required by network changes or
upgrades, in which event PACIFIC will comply with the network
disclosure requirements stated in the Act and FCC regulations
thereunder; or (ii) if required by a final order of the Court, the FCC
or the Commission as a result of remand or appeal of the FCC's order
In the Matter of Implementation of Local Competition Provisions of the
Telecommunications Act of 1996, Docket 96-98. In the event such a
final order allows but does not require discontinuance, PACIFIC may,
on thirty (30) days written notice, require that such terms be
renegotiated, and the Parties shall renegotiate in good faith such
mutually acceptable new terms as may be required or appropriate to
reflect the results of such action. In the event that such new terms
are not renegotiated within ninety (90) days after such notice, or if
the parties are unable to agree, either party may submit the matter to
the Alternative Dispute Resolution Process described in Attachment 3.
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Agreement between Pacific Xxxx and FOCAL
1.5. PACIFIC will not withdraw any Local Service without providing one-
hundred five (105) days advance notice, from the date of notice to
the date of withdrawal of the service, to CLC of PACIFIC's intent to
withdraw the service, inclusive of the time required to file and the
Commission to consider an advice letter to withdraw the service
pursuant to General Order 96A. If PACIFIC discontinues a Local
Service, PACIFIC shall either (a) limit the discontinuance to new
customers and grandfather the service for all CLC resale customers who
subscribe to the service as of the date of discontinuance; or (b)
offer to CLC for resale an alternative service, having substantially
similar capabilities and terms and conditions.
2. Term of Agreement; Transitional Support
2.1. This Agreement shall be effective until July 3, 2000, and thereafter
the Agreement shall continue in force and effect unless and until a
new agreement, addressing all of the terms of this Agreement, becomes
effective between the Parties. The Parties agree to commence
negotiations, to be conducted pursuant to Section 252 of the Act, on a
new agreement no less than six (6) months before July 3, 2000. In the
event that such new terms are not renegotiated within six (6) months
after such notice, either party may submit the matter to the
Alternative Dispute Resolution Process described in Attachment 3.
PACIFIC recognizes that the Network Elements, Ancillary Functions,
Combinations, Local Services and other services provided hereunder are
vital to CLC and must be continued without interruption, and that CLC
may itself provide or retain another vendor to provide such comparable
Network Elements, Ancillary Functions, Combinations, Local Services or
other services. PACIFIC and CLC agree to cooperate in an orderly and
efficient transition to CLC or another vendor. PACIFIC and CLC further
agree to cooperate in effecting the orderly transition to CLC or
another vendor such that the level and quality of the Network
Elements, Ancillary Functions, Combinations, Local Services, and other
services are not degraded and to exercise their best efforts to effect
an orderly and efficient transition. CLC shall be responsible for
coordinating such transition.
2.2. Notwithstanding Section 2.1 above, CLC may terminate this Agreement at
any time by providing 120-days' prior written notice to PACIFIC,
subject to Section 20.12 of this Agreement.
3. Good Faith Performance
In the performance of their obligations under this Agreement, the Parties
shall act in good faith and consistently with the intent of the Act. Where
notice, approval or similar action by a Party is permitted or required by
any provision of this Agreement (including, without limitation, the
obligation of the parties to further negotiate the resolution of new or
open issues under this Agreement), such action shall not be unreasonably
delayed, withheld or conditioned.
4. Option to Obtain Local Services or Network Elements Under Other Agreements
At CLC's request and pursuant to section 252 of the Act, regulations
thereunder and relevant court decisions, PACIFIC shall make available to
CLC, without unreasonable delay, any interconnection, service or network
element contained in any agreement to which PACIFIC is a party that has
been filed and approved by the Commission.
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Agreement between Pacific Xxxx and FOCAL
5. Responsibility of Each Party
Each Party is an independent contractor, and has and hereby retains the
right to exercise full control of and supervision over its own performance
of its obligations under this Agreement and retains full control over the
employment, direction, compensation and discharge of all employees
assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees,
including compliance with social security taxes, withholding taxes and all
other regulations governing such matters. Each Party will be solely
responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or
agents bring to, create or assume control over at Work Locations or, (ii)
Waste resulting therefrom or otherwise generated in connection with its or
its contractors' or agents' activities at the Work Locations. Subject to
the limitations on liability and except as otherwise provided in this
Agreement, each Party shall be responsible for (i) its own acts and
performance of all obligations imposed by Applicable Law in connection with
its activities, legal status and property, real or personal and, (ii) the
acts of its own affiliates, employees, agents and contractors during the
performance of that Party's obligations hereunder.
6. Governmental Compliance
CLC and PACIFIC each shall comply at its own expense with all Applicable
Law that relates to (i) its obligations under or activities in connection
with this Agreement; or (ii) its activities undertaken at, in connection
with or relating to Work Locations. CLC and PACIFIC each agree to
indemnify, defend (at the other party's request) and save harmless the
other, each of its officers, directors and employees from and against any
losses, damages, claims, demands, suits, liabilities, fines, penalties and
expenses (including reasonable attorneys' fees) that arise out of or result
from (i) its failure or the failure of its contractors or agents to so
comply or (ii) any activity, duty or status of it or its contractors or
agents that triggers any legal obligation to investigate or remediate
environmental contamination. PACIFIC will be solely responsible for
obtaining from governmental authorities, building owners, other carriers,
and any other persons or entities, all rights and privileges (including,
but not limited to, space and power), which are necessary for PACIFIC to
provide the Network Elements, Ancillary Functions, Combinations, Local
Services and other services pursuant to this Agreement. To the extent
necessary, CLC will cooperate with PACIFIC in obtaining such rights and
privileges.
7. Responsibility For Environmental Contamination
7.1. CLC shall in no event be liable to PACIFIC for any costs whatsoever
resulting from the presence or release of any environmental hazard
that CLC did not introduce to the affected work location, provided
that activities of CLC or its agents did not cause or contribute to a
release. PACIFIC shall indemnify, defend (at CLC's request) and hold
harmless CLC, each of its officers, directors and employees from and
against any losses, damages, claims, demands, suits, liabilities,
fines, penalties and expenses (including reasonable attorneys' fees)
that arise out of or result from (i) any environmental hazard that
PACIFIC, its contractors or agents introduce to the work locations or
(ii) the presence or release of any environmental hazard for which
PACIFIC is responsible under applicable law.
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Agreement between Pacific Xxxx and FOCAL
7.2. PACIFIC shall in no event be liable to CLC for any costs whatsoever
resulting from the presence or release of any environmental hazard
that PACIFIC did not introduce to the affected work location, provided
that actions of PACIFIC or its agents did not cause or contribute to a
release. CLC shall indemnify, defend (at PACIFIC's request) and hold
harmless PACIFIC, each of its officers, directors and employees from
and against any losses, damages, claims, demands, suits, liabilities,
fines, penalties and expenses (including reasonable attorneys' fees)
that arise out of or result from (i) any environmental hazard that
CLC, its contractors or agents introduce to the work locations or (ii)
the presence or release of any environmental hazard for which CLC is
responsible under applicable law.
8. Regulatory Matters
8.1. PACIFIC shall be responsible for obtaining and keeping in effect all
Federal Communications Commission, state regulatory commission,
franchise authority and other regulatory approvals that may be
required in connection with the performance of its obligations under
this Agreement. CLC shall be responsible for obtaining and keeping in
effect all Federal Communications Commission, state regulatory
commission, franchise authority and other regulatory approvals that
may be required in connection with its obligations under this
Agreement, and with its offering of services to CLC Customers
contemplated by this Agreement. CLC shall reasonably cooperate with
PACIFIC in obtaining and maintaining any required approvals for which
PACIFIC is responsible, and PACIFIC shall reasonably cooperate with
CLC in obtaining and maintaining any required approvals for which CLC
is responsible.
8.2. To the extent that PACIFIC is required by any governmental authority
to file a tariff or make another similar filing in connection with the
performance of any action that would otherwise be governed by this
Agreement, the terms of this Agreement shall control, unless this
Agreement links a term, condition or price in this Agreement to a
specific tariff, in which case the terms of the tariff as modified
from time to time will apply. If, subsequent to the effective date of
any tariff incorporated by reference into this Agreement, PACIFIC is
ordered not to file tariffs with the State regulatory commission or
the Federal Communications Commission, or is permitted not to file
tariffs (and elects not to do so), either generally or for specific
Network Elements, Ancillary Functions, Combinations, Local Services or
other services provided hereunder, the terms and conditions of such
tariffs as of the date on which the requirement to file such tariffs
was lifted shall, to the degree not inconsistent with this Agreement,
be deemed incorporated in this Agreement by reference.
8.3. In the event that any final and nonappealable legislative, regulatory,
judicial or other legal action renders this Agreement or any
Attachment hereto inoperable, materially affects any material terms of
this Agreement, or materially affects the ability of CLC or PACIFIC to
perform any material terms of this Agreement, CLC or PACIFIC may, on
thirty (30) days written notice (delivered not later than 30 days
following the date on which such action has become legally binding and
has otherwise become final and nonappealable) require that such terms
be renegotiated, and the parties shall renegotiate in good faith such
mutually acceptable new terms as may be required. In the event that
such new terms are not renegotiated within ninety (90) days after such
notice, the Dispute shall be
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Agreement between Pacific Xxxx and FOCAL
referred to the Alternative Dispute Resolution procedures set forth in
Section 17 and Attachment 3.
8.4. The Parties acknowledge that it may be necessary to amend this
Agreement and the Attachments hereto from time to time to reflect
changes in FCC or Commission decisions, tariffs, rules, and
requirements, including changes resulting from judicial review of
applicable regulatory decisions. If the Parties are unable to agree on
whether and/or how the Agreement and the Attachments should be amended
pursuant to this Section 8.4, the dispute shall be referred to the
Alternative Dispute Resolution procedures set forth in Section 17 and
Attachment 3.
9. Liability and Indemnity
9.1. Liabilities of CLC - CLC's liability to PACIFIC during any Contract
Year resulting from any and all causes, other than as specified in
Sections 6, 7, 9.3, and 9.4 shall not exceed the total of any amounts
due and owing by CLC to PACIFIC under this Agreement during the
Contract Year during which such cause accrues or arises.
9.2. Liabilities of PACIFIC - PACIFIC's liability to CLC during any
Contract Year resulting from any and all causes, other than as
specified in Sections 6, 7, 9.3, and 9.4 shall not exceed the total of
any amounts due and owing by PACIFIC to CLC under this Agreement
during the Contract Year during which such cause accrues or arises.
9.3. No Consequential Damages - NEITHER CLC NOR PACIFIC SHALL BE LIABLE
TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
RELIANCE, OR SPECIAL DAMAGES SUFFERED BY SUCH OTHER PARTY (INCLUDING
WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST
SAVINGS, OR LOST PROFITS SUFFERED BY SUCH OTHER PARTIES), REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT
LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY
KIND WHETHER ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER THE PARTIES
KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY
HEREBY RELEASES THE OTHER PARTY (AND SUCH OTHER PARTY'S SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS) FROM ANY SUCH CLAIM. NOTHING CONTAINED IN THIS SECTION 9
SHALL LIMIT PACIFIC'S OR CLC'S LIABILITY TO THE OTHER FOR (I) WILLFUL
OR INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE); (II) BODILY
INJURY, DEATH OR DAMAGE TO TANGIBLE REAL OR TANGIBLE PERSONAL PROPERTY
PROXIMATELY CAUSED BY PACIFIC'S OR CLC'S NEGLIGENT ACT OR OMISSION OR
THAT OF THEIR RESPECTIVE AGENTS, SUBCONTRACTORS OR EMPLOYEES, NOR
SHALL ANYTHING CONTAINED IN THIS SECTION 10 LIMIT THE PARTIES
INDEMNIFICATION OBLIGATIONS, AS SPECIFIED BELOW. FOR PURPOSES OF THIS
SECTION 9, AMOUNTS DUE AND OWING TO EITHER PARTY PURSUANT TO
ATTACHMENT 17 SHALL NOT BE CONSIDERED TO BE INDIRECT, INCIDENTAL,
CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES.
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Agreement between Pacific Xxxx and FOCAL
9.4. Obligation to Indemnify - Each party shall, and hereby agrees to,
defend at the other's request, indemnify and hold harmless the other
party and each of its officers, directors, employees and agents (each,
an "Indemnitee") against and in respect of any loss, debt, liability,
damage, obligation, claim, demand, judgment or settlement of any
nature or kind, known or unknown, liquidated or unliquidated,
including without limitation all reasonable costs and expenses
incurred (legal, accounting or otherwise) (collectively, "Damages")
arising out of, resulting from or based upon any pending or threatened
claim, action, proceeding or suit by any third party (a "Claim") (i)
alleging any breach of any representation, warranty or covenant made
by such indemnifying party (the "Indemnifying Party") in this
Agreement, (ii) based upon injuries or damage to any person or
property or the environment arising out of or in connection with this
Agreement that are the result of the Indemnifying Party's actions,
breach of Applicable Law, or status or the actions, breach of
Applicable Law, or status of its employees, agents and subcontractors,
or (iii) for actual or alleged infringement of any patent, copyright,
trademark, service xxxx, trade name, trade dress, trade secret or any
other intellectual property right, now known or later developed
(referred to as "Intellectual Property Rights") to the extent that
such claim or action arises from the indemnifying party's or the
indemnifying party's Customer's use of the Network Elements, Ancillary
Functions, Combinations, Local Services or other services provided
under this Agreement.
9.5. Obligation to Defend; Notice; Co-operation - Whenever a Claim shall
arise for indemnification under this Section 9.5, the relevant
Indemnitee, as appropriate, shall promptly notify the Indemnifying
Party and request the Indemnifying Party to defend the same. Failure
to so notify the Indemnifying Party shall not relieve the Indemnifying
Party of any liability that the Indemnifying Party might have, except
to the extent that such failure prejudices the Indemnifying Party's
ability to defend such Claim. The Indemnifying Party shall have the
right to defend against such liability or assertion in which event the
Indemnifying Party shall give written notice to the Indemnitee of
acceptance of the defense of such Claim and the identity of counsel
selected by the Indemnifying Party. Except as set forth below, such
notice to the relevant Indemnitee shall give the Indemnifying Party
full authority to defend, adjust, compromise or settle such Claim with
respect to which such notice shall have been given, except to the
extent that any compromise or settlement shall prejudice the
Intellectual Property Rights of the relevant Indemnitees. The
Indemnifying Party shall consult with the relevant Indemnitee prior to
any compromise or settlement that would affect the Intellectual
Property Rights or other rights of any Indemnitee, and the relevant
Indemnitee shall have the right to refuse such compromise or
settlement and, at the refusing party's or refusing parties' cost, to
take over such defense, provided that in such event the Indemnifying
Party shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnitee against, any cost or liability in
excess of such refused compromise or settlement. With respect to any
defense accepted by the Indemnifying Party, the relevant Indemnitee
shall be entitled to participate with the Indemnifying Party in such
defense if the Claim requests equitable relief or other relief that
could affect the rights of the Indemnitee and also shall be entitled
to employ separate counsel for such defense at such Indemnitee's
expense. In the event the Indemnifying Party does not accept the
defense of any indemnified Claim as provided above, the relevant
Indemnitee shall have the right to employ counsel for such defense at
the expense of the Indemnifying Party. Each party agrees to cooperate
and to cause its employees and agents to cooperate with the
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Agreement between Pacific Xxxx and FOCAL
other party in the defense of any such Claim and the relevant records
of each party shall be available to the other party with respect to
any such defense.
10. Audits and Inspections
10.1. Subject to PACIFIC's reasonable security requirements and except as
may be otherwise specifically provided in this Agreement, CLC may
audit PACIFIC's books, records, and other documents once in each
Contract Year for the purpose of evaluating the accuracy of PACIFIC's
billing and invoicing for services provided by PACIFIC to CLC
hereunder. CLC may employ other persons or firms for this purpose.
Such audit shall take place at a time and place agreed on by the
Parties no later than thirty (30) days after notice thereof to
PACIFIC.
10.2. Subject to CLC's reasonable security requirements and except as may
be otherwise specifically provided in this Agreement, PACIFIC may
audit CLC's books, records, and other documents once in each Contract
Year for the purpose of evaluating the accuracy of CLC's billing and
invoicing for services provided by CLC to PACIFIC hereunder. PACIFIC
may employ other persons or firms for this purpose. Such audit shall
take place at a time and place agreed on by the Parties no later than
thirty (30) days after notice thereof to CLC.
10.3. Each Party shall promptly correct any billing or invoicing errors
that are revealed in an audit, including making refund of any
overpayment in the form of a credit, or payment of any underpayment
in the form of a debit, on the invoice for the first full billing
cycle after the Parties have agreed upon the accuracy of the audit
results. Any Disputes concerning audit results shall be resolved
pursuant to the Alternate Dispute Resolution procedures described in
Attachment 3.
10.4. Each Party shall cooperate fully in any such audit, providing
reasonable access to any and all appropriate employees and books,
records and other documents reasonably necessary to assess the
accuracy of each Party's billing and invoicing.
10.5. Either Party may audit the other Party's books, records and documents
more than once during any Contract Year if the previous audit found
previously uncorrected net variances or errors in invoices in the
other Party's favor with an aggregate value of at least two percent
(2%) of the amounts payable by the Party being audited under this
Agreement during the period covered by the audit.
10.6. Audits shall be at the requesting party's expense, subject to
reimbursement by the audited party in the event that an audit finds
an adjustment in the charges or in any invoice paid or payable by the
requesting party hereunder by an amount that is, on an annualized
basis, greater than two percent (2%) of the aggregate charges to the
requesting party under this Agreement during the period covered by
the audit.
10.7. Upon (i) the discovery by a Party of overcharges not previously
reimbursed to the other Party or (ii) the resolution of disputed
audits, the audited Party shall promptly reimburse the requesting
Party the amount of any overpayment, plus interest at the Bank of
America prime rate compounded daily for the number of days from the
date of overpayment to and including the date that payment is
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Agreement between Pacific Xxxx and FOCAL
actually made. In no event, however, shall interest be assessed on
any previously assessed or accrued late payment charges.
10.8. Upon (i) the discovery by either Party of underpayments not
previously paid to the other Party, or (ii) the resolution of
disputed audits, the audited Party shall promptly pay the other Party
the amount of any underpayment, plus interest at the Bank of America
prime rate compounded daily from the date of underpayment to and
including the date that payment is actually made.
10.9. Subject to PACIFIC's reasonable security requirements and except as
may be otherwise specifically provided in this Agreement, CLC shall
have the following audit rights in addition to the financial audit
rights provided above: (a) if CLC has a reasonable basis to believe
that an audit is required to confirm PACIFIC's compliance with the
Act or this Agreement, CLC may inspect once, in each Contract Year,
PACIFIC's books, records, and other documents relevant to the Network
Elements, Ancillary Functions, Combinations, Local Services, or other
services provided to CLC for the purpose of evaluating PACIFIC's
compliance with the terms and conditions of this Agreement; and (b)
CLC shall have the audit rights specified in Attachments 17 and 18.
Except as otherwise specified in Attachments 17 and 18, CLC employees
may conduct audits pursuant to this Section 10.9, subject to Section
18 of this Agreement, unless PACIFIC reasonably maintains that the
books, records and other documents relating to CLC are impossible or
impractical to segregate from documents containing proprietary
information of other parties, in which case, the audit shall be
conducted by a mutually designated third party auditor, with the
expense shared equally by the Parties, provided, however, that (a) If
the auditor finds that PACIFIC has complied with the Act or this
Agreement, CLC shall pay for the audit; and (b) If the auditor finds
that PACIFIC has not complied with the Act or this Agreement, PACIFIC
shall pay for the audit.
11. Performance Standards and Remedies
11.1. The Parties agree that customer satisfaction is a goal that can only
be achieved through cooperation of the Parties. PACIFIC agrees to
measure performance, as outlined in Attachment 17. The measurements
contained in Attachment 17 may change from time to time by mutual
agreement of the Parties. PACIFIC agrees to provide to CLC a level of
service that is at parity with the service PACIFIC provides to
itself, its affiliates or other, at the same price, terms and
conditions.
11.2. Within forty-five (45) days of the effective date of this Agreement,
the Parties will meet to develop and mutually agree to performance
and business process improvement procedures.
11.3. The Parties may amend, modify, delete or add business process
improvement procedures by mutual agreement and modification of
Attachment 17.
12. Uncollectible or Unbillable Revenues
12.1. 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.
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Agreement between Pacific Xxxx and FOCAL
13. Customer Credit History
CLC and PACIFIC agree to make available to the Centralized Credit Check
System (CCCS) on a timely basis, such of the following customer payment
history components for each person or entity that applies for local or
intraLATA toll Telecommunications Service(s) from either carrier, and for
each unpaid closed account. Such information shall be provided on the
condition that the CCCS, will only make such information available to the
carrier to which the person or entity in question has applied for telephone
service when CCCS has unpaid closed account information for that applicant.
Customer's full name, surname, given name, middle
name or initial;
Service address, when service was/is provided;
Mailing address, where bills are sent;
Current telephone number;
Applicant's previous phone number; if any;
Spouse's name, if applicable;
Valid identifying number(s) for customer and/or spouse,
e.g. Social Security Number, Driver's License, etc.;
Specific Data regarding accounts that have left an
unpaid debt with the utility; and
Payments and adjustments on unpaid accounts to
update current balance due information.
14. Force Majeure
14.1. Except as otherwise specifically provided in this Agreement, neither
Party shall be liable for any delay or failure in performance of any
part of this Agreement caused by a Force Majeure condition, including
acts of the United States of America or any state, territory or
political subdivision thereof, acts of God or a public enemy, fires,
floods, labor disputes, earthquakes, volcanic actions, wars, civil
disturbances, or other causes beyond the reasonable control of the
Party claiming excusable delay or other failure to perform. Provided,
Force Majeure shall not include acts of any Governmental Authority
relating to environmental, health or safety conditions at Work
Locations. If any Force Majeure condition occurs, the Party whose
performance fails or is delayed because of such Force Majeure
condition shall give prompt notice to the other Party, and upon
cessation of such Force Majeure condition, shall give like notice and
commence performance hereunder as promptly as reasonably practicable.
14.2. Notwithstanding subsection 14.1, preceding, no delay or other failure
to perform shall be excused pursuant to this Section: (i) by the acts
or omission of a Party's subcontractors, material men, suppliers or
other third persons providing products or services to such Party
unless such acts or omissions are themselves the product of a Force
Majeure condition, (ii) do not relate to environmental, health or
safety conditions at Work Locations and, (iii) unless such delay or
failure and the consequences thereof are beyond the control and
without the fault or negligence of the Party claiming excusable delay
or other failure to perform.
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Agreement between Pacific Xxxx and FOCAL
15. Certain State and Local Taxes
Any state or local excise, sales, or use taxes (excluding any taxes levied
on income) resulting from the performance of this Agreement shall be borne
by the Party upon which the obligation for payment is imposed under
applicable law, even if the obligation to collect and remit such taxes is
placed upon the other Party by mutual written agreement of the Parties,
provided, however, that the other Party has not acted in a manner that has
materially impaired the ability of the liable Party to contest the tax or
the amount of the tax (and interest and penalties, etc.) regardless of
whether the impairment was foreseeable. If the other Party has materially
impaired the ability of the liable Party to contest the tax or the amount
of the tax, the Party causing the impairment shall be liable for the tax
(interest and penalties, etc.) caused by the party's impairment. Any such
taxes shall be shown as separate items on applicable billing documents
between the Parties. The Party so obligated to pay any such taxes may
contest the same in good faith, at its own expense, and shall be entitled
to the benefit of any refund or recovery, provided that such Party shall
not permit any lien to exist on any asset of the other Party by reason of
the contest. The Party obligated to collect and remit shall cooperate in
any such contest by the other Party.
16. Alternative Dispute Resolution
16.1. Except as provided below, all disputes, claims or disagreements
(collectively "Disputes") arising under or related to this Agreement
or the breach hereof, except those arising pursuant to Attachment
13, Connectivity Billing, shall be resolved according to the
procedures set forth in Attachment 3. Disputes involving matters
subject to the Connectivity Billing provisions contained in
Attachment 13, shall be resolved in accordance with the Billing
Disputes section of Attachment 13. In no event shall the Parties
permit the pendency of a Dispute to disrupt service to any CLC
Customer contemplated by this Agreement. The foregoing
notwithstanding, neither this Section 16.1 nor Attachment 3 shall be
construed to prevent either Party from (a) invoking a remedy
required or permitted by the Act or FCC regulations thereunder (b)
seeking or otherwise invoking relief from the Commission under
procedures permitted by the Public Utilities Code or the
Commission's regulations, or (c) seeking and obtaining temporary
equitable remedies, including temporary restraining orders. A
request by a Party to a court or a regulatory authority for interim
measures or equitable relief shall not be deemed a waiver of the
obligation to comply with Attachment 3.
17. Notices
Any notices or other communications required or permitted to be given or
delivered under this Agreement shall be in hard-copy writing (unless
otherwise specifically provided herein) and shall be sufficiently given if
delivered personally or delivered by prepaid overnight express service to
the following (unless otherwise specifically required by this Agreement to
be delivered to another representative or point of contact):
Page 11
Agreement between Pacific Xxxx and FOCAL
If to CLC:
Vice President and General Counsel
Focal Communications Corporation of California
000 X. Xx Xxxxx Xxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxx 00000
and
Director Regulatory
Focal Communications Corporation of California
000 X. Xx Xxxxx Xxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxx 00000
If to PACIFIC:
Director, Competitive Provider Accounts
000 Xxxxx Xxxxxx, Xxxx 000
Xxx Xxxxxxxxx, XX 00000
and
Xxxxx X. Xxxxx
General Attorney & Assistant General Counsel
Pacific Telesis Group
Xxxxx Xxxxxxxxxx
000 Xxx Xxxxxxxxxx Xxxxxx, Xxxx 0000
Xxx Xxxxxxxxx, XX 00000
Facsimile: (000) 000-0000
Either Party may unilaterally change its designated representative and/or
address for the receipt of notices by giving seven (7) days prior written
notice to the other Party in compliance with this Section. Any notice or
other communication shall be deemed given when received.
18. Confidentiality and Proprietary Information
18.1. For the purposes of this Agreement, "Confidential Information" means
confidential or proprietary technical or business Information given
by the Discloser to the Recipient. All information which is
disclosed by one Party to the other in connection with this
Agreement shall automatically be deemed proprietary to the Discloser
and subject to this Agreement, unless otherwise confirmed in writing
by the Discloser. In addition, by way of example and not limitation,
all orders for Network Elements, Ancillary Functions, Combinations,
Local Services or other services placed by CLC pursuant to this
Agreement, and information that would constitute Customer
Proprietary Network Information of CLC Customers pursuant to the Act
and the rules and regulations of the Federal Communications
Commission ("FCC"), and Recorded Usage Data as described in
Attachment, whether disclosed by CLC to PACIFIC or otherwise
acquired by PACIFIC in the
Page 12
Agreement between Pacific Xxxx and FOCAL
course of the performance of this Agreement, shall be deemed Confidential
Information of CLC for all purposes under this Agreement.
18.2. For a period of five (5) years from the receipt of Confidential
Information from the Discloser, except as otherwise specified in this
Agreement, the Recipient agrees (a) to use it only for the purpose of
performing under this Agreement; (b) to hold it in confidence and
disclose it to no one other than its employees having a need to know for
the purpose of performing under this Agreement; and (c) to safeguard it
from unauthorized use or disclosure with at least the same degree of care
with which the Recipient safeguards its own Confidential Information. If
the Recipient wishes to disclose the Discloser's Confidential Information
to a third party agent or consultant, such disclosure must be mutually
agreed to in writing by the parties to this Agreement, and the agent or
consultant must have executed a written agreement of non-disclosure and
non-use comparable in scope to the terms of this Section.
18.3. The Recipient may make copies of Confidential Information only as
reasonably necessary to perform its obligations under this Agreement. All
such copies shall bear the same copyright and proprietary rights notices
as are contained on the original.
18.4. The Recipient agrees to return all Confidential Information in tangible
form received from the Discloser, including any copies made by the
Recipient, within thirty (30) days after a written request is delivered
to the Recipient, or to destroy all such Confidential Information, except
for Confidential Information that the Recipient reasonably requires to
perform its obligations under this Agreement. If either party loses or
makes an unauthorized disclosure of the other party's Confidential
Information, it shall notify such other party immediately and use
reasonable efforts to retrieve the lost or wrongfully disclosed
information.
18.5. The Recipient shall have no obligation to safeguard Confidential
Information: (a) which was in the possession of the Recipient free of
restriction prior to its receipt from the Discloser; (b) after it becomes
publicly known or available through no breach of this Agreement by the
Recipient; (c) after it is rightfully acquired by the Recipient free of
restrictions on its disclosure; or (d) after it is independently
developed by personnel of the Recipient to whom the Discloser's
Confidential Information had not been previously disclosed. In addition,
either Party shall have the right to disclose Confidential Information to
any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any mediation,
arbitration or approval of this Agreement or in any proceedings
concerning the provision of interLATA services by PACIFIC. Additionally,
the Recipient may disclose Confidential Information if so required by
law, a court, or governmental agency, so long as the Discloser has been
notified of the requirement promptly after the Recipient becomes aware of
the intended disclosure, and so long as the Recipient undertakes all
lawful measures to avoid disclosing such information until Discloser has
had reasonable time to seek a protective order that covers the
Confidential Information to be disclosed.
18.6. Each party's obligations to safeguard Confidential Information disclosed
prior to expiration or termination of this Agreement shall survive such
expiration or termination.
Page 13
Agreement between Pacific Xxxx and FOCAL
18.7. Except as otherwise expressly provided elsewhere in this Agreement,
no license is hereby granted under any patent, trademark, or
copyright, nor is any such license implied, solely by virtue of the
disclosure of any Confidential Information.
18.8. Each party agrees that the Discloser would be irreparably injured by
a breach of this Agreement by the Recipient or its representatives
and that the Discloser shall be entitled to seek equitable relief,
including injunctive relief and specific performance, in the event of
any breach of the provisions of this Agreement. Such remedies shall
not be deemed to be the exclusive remedies for a breach of this
Agreement, but shall be in addition to all other remedies available
at law or in equity.
18.9. Nothing in this Section 18 shall prevent PACIFIC from using Recorded
Usage Data for the limited purpose of network planning and
management.
19. Branding
19.1. Services offered by CLC that incorporate Network Elements, Ancillary
Functions or Combinations made available to CLC pursuant to this
Agreement, and Local Services that CLC offers for resale shall be
branded as stated in the Attachments to this Agreement. In no event
shall PACIFIC personnel installing or repairing CLC Local Service,
Network Elements, or Combinations initiate a conversation with the
end user customer to market PACIFIC product or services. PACIFIC
personnel shall respond to any inquiries from end users or consumers
concerning PACIFIC's products or services by providing a telephone
number to call for information.
20. Miscellaneous
20.1. Delegation or Assignment - Neither Party shall assign any of its
rights or delegate any of its obligations under this Agreement
without the prior written consent of the other Party which will not
be unreasonably withheld. Any prohibited assignment or delegations
shall be null and void.
20.2. Subcontracting - If any obligation under this Agreement is performed
through a subcontractor, the original Party shall remain fully
responsible for the performance of this Agreement in accordance with
its terms, including any obligations it performs through
subcontractors, and shall be solely responsible for payments due its
subcontractors. No contract, subcontract or other Agreement entered
into by either Party with any third party in connection with the
provision of Local Services or Network Elements hereunder shall
provide for any indemnity, guarantee or assumption of liability by,
or other obligation of, the other Party to this Agreement with
respect to such arrangement, except as consented to in writing by the
other Party. No subcontractor shall be deemed a third party
beneficiary for any purposes under this Agreement.
20.3. Nonexclusive Remedies - Except as otherwise expressly provided in
this Agreement, each of the remedies provided under this Agreement is
cumulative and is in addition to any remedies that may be available
at law or in equity.
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Agreement between Pacific Xxxx and FOCAL
20.4. No Third-Party Beneficiaries - Except as may be specifically set
forth in this Agreement, this Agreement does not provide and shall
not be construed to provide third parties with any remedy, claim,
liability, reimbursement, cause of action, or other privilege.
20.5. Referenced Documents - Whenever any provision of this Agreement
refers to a technical reference, technical publication, CLC
Practice, PACIFIC Practice, any publication of telecommunications
industry administrative or technical standards, or any other
document specifically incorporated into this Agreement, it will be
deemed to be a reference to the most recent version or edition
(including any amendments, supplements, addenda, or successors) of
such document that is in effect, and will include the most recent
version or edition (including any amendments, supplements, addenda,
or successors) of each document incorporated by reference in such a
technical reference, technical publication, CLC Practice, PACIFIC
Practice, or publication of industry standards. Should there be an
inconsistency between or among publications or standards, the
Parties shall mutually agree which requirement shall apply.
20.6. Governing Law - The validity of this Agreement, the construction and
enforcement of its terms, and the interpretation of the rights and
duties of the Parties shall be governed by the laws of the State of
California other than as to conflicts of laws, except insofar as
federal law may control any aspect of this Agreement, in which case
federal law shall govern such aspect. The Parties submit to personal
jurisdiction in San Francisco, California and waive any and all
objections to California venue.
20.7. Publicity and Advertising - Neither Party shall publish or use any
advertising, sales promotions or other publicity materials that use
the other party's logo, trademarks or service marks without the
prior written approval of the other Party.
20.8. Amendments or Waivers - Except as otherwise provided in this
Agreement, no amendment or waiver of any provision of this
Agreement, and no consent to any default under this Agreement, shall
be effective unless the same is in writing and signed by an officer
of the Party against whom such amendment, waiver or consent is
claimed. In addition, no course of dealing or failure of a Party
strictly to enforce any term, right or condition of this Agreement
shall be construed as a waiver of such term, right or condition. By
entering into this Agreement neither Party waives any right granted
to it pursuant to the Act.
20.9. Severability - If any term, condition or provision of this Agreement
is held to be invalid or unenforceable for any reason, such
invalidity or unenforceability shall not invalidate the entire
Agreement, unless such construction would be unreasonable. The
Agreement shall be construed as if it did not contain the invalid or
unenforceable provision or provisions, and the rights and
obligations of each Party shall be construed and enforced
accordingly; provided, however, that in the event such invalid or
unenforceable provision or provisions are essential elements of this
Agreement and substantially impair the rights or obligations of
either Party, the Parties shall promptly negotiate a replacement
provision or provisions.
20.10. Entire Agreement - This Agreement, which shall include the
Attachments, Appendices and other documents referenced herein,
constitutes the entire
Page 15
Agreement between Pacific Xxxx and FOCAL
Agreement between the Parties concerning the subject matter hereof
and supersedes any prior agreements, representations, statements,
negotiations, understandings, proposals or undertakings, oral or
written, with respect to the subject matter expressly set forth
herein.
20.11. Definitions and Diagrams: The definitions contained in Attachment 1
are meant to accurately describe the meaning accorded the term as
required by the Act and as used in this Agreement. In the event of
any disagreement between a definition of the term in the Act, in
Attachment 1 or any other part of this Agreement (including the
Attachments), the definition in the Act shall supersede any
definition in the Agreement or Attachments and any specific
definition in an Attachment other than Attachment 1 shall supersede
the definition in Attachment 1. Throughout this Agreement and its
Attachments, various diagrams are used. These diagrams are
illustrative only, and, in the event of any disagreement between the
diagram and the words of this Agreement, the words of this Agreement
shall control.
20.12. Survival of Obligations - Any liabilities or obligations of a Party
for acts or omissions prior to the cancellation or termination of
this Agreement, any obligation of a Party under the provisions
regarding indemnification, Confidential Information, limitations on
liability, and any other provisions of this Agreement which, by
their terms, are contemplated to survive (or to be performed after)
termination of this Agreement, shall survive cancellation or
termination thereof.
20.13. Executed in Counterparts - This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original;
but such counterparts shall together constitute one and the same
instrument.
20.14. Headings of No Force or Effect - The headings of Articles and
Sections of this Agreement are for convenience of reference only,
and shall in no way define, modify or restrict the meaning or
interpretation of the terms or provisions of this Agreement.
In witness whereof, the parties have executed this Agreement through
their authorized representatives.
PACIFIC XXXX FOCAL COMMUNICATIONS CORPORATION OF
CALIFORNIA
By: /s/ Xxxxx Xxxxxx By: /s/ Xxxxx X. Xxxxxx
----------------------------------- ---------------------------------------
Signature Signature
Name: Xxxxx Xxxxxx Name: Xxxxx X. Xxxxxx
-------------------------------------
Printed
Title: Vice President - General Manager Title: Senior Vice President & Gen. Counsel
Industry Markets -------------------------------------
SBC Telecommunications, Inc.
Date: 6/15/98 Date: 6/12/98
--------------------------------- -------------------------------------
Page 16
ATTACHMENT 1
------------
DEFINITIONS
-----------
Attachment 1
DEFINITIONS
1. "Access Tandem Switches" are switches used to connect End Offices to
Interexchange Carrier switches. PACIFIC's Access Tandem Switches are also
used to connect and switch traffic between and among Central Office
Switches.
2. "Act" means the Communications Act of 1934, 47 U.S.C. 151 et seq., as
amended by the Telecommunications Act of 1996, and as interpreted from time
to time in the duly authorized rules and regulations of the FCC or the
Commission.
3. "Advanced Intelligent Network (AIN) Trigger Capability" is a network
functionality that permits specific conditions to be programmed into a
switch which, when met, directs the switch to suspend call processing and
to receive special instructions for further call handling instructions in
order to enable carriers to offer advanced features and services.
4. "AMA" means the Automated Message Accounting structure inherent in switch
technology that initially records telecommunication message information.
AMA format is contained in the Automated Message Accounting document,
published by Bellcore as GR-1100-CORE which defines the industry standard
for message recording.
5. "Ancillary Functions" are services or facilities that PACIFIC offers to CLC
so that CLC may obtain and use unbundled Network Elements or PACIFIC
services to provide telecommunications services to CLC's customers.
Ancillary Functions include collocation and rights of way, and may include
other services or facilities as mutually agreed to by the parties.
6. "Applicable Law" shall mean all laws, statutes, common law, regulations,
ordinances, codes, rules, guidelines, orders, permits and approvals of any
Governmental Authority, including without limitation those relating to the
environment, health and safety, which apply or relate to Work Locations or
the subject matter of this Agreement.
7. "CLC Customer" means the relationship for a specific service with any
business or residential customer to the extent such customer purchases CLC
services.
8. "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
9. "Automatic Location Identification/(ALI)" means the feature of E911 that
displays at the PSAP the address of the calling telephone number. This
feature requires a data storage and retrieval system for translating
telephone numbers to the associated address. ALI information may include
Emergency Service Number (ESN), street address, room or floor, and names of
the enforcement, fire and medical agencies with jurisdictional
responsibility for the address. The Management System (E911) database is
used to update the Automatic E911 Location Identification (ALI) databases.
10. "Automatic Route Selection (ARS)" is a service feature that provides for
automatic selection of the most appropriate outbound route for each call
based on criteria programmed into the system.
11. "Busy Line Verification" or "BLV" means a service in which an end user
requests an operator to confirm the busy status of a line.
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Attachment 1
12. "Busy Line Verification and Interrupt" or "BLVI" means a service in which
an end user requests an operator to confirm the busy status of a line and
requests an interruption of the call.
13. "CABS" means the Carrier Access Billing System.
14. "Calling Party Number (CPN)" means a Common Channel Signaling parameter
which refers to the number transmitted through the network identifying the
calling party.
15. "Central Office Switch" or "Central Office" means a switching entity within
the public switched telecommunications network, including but not limited
to End Office Switches and Tandem Switches. Central Office Switches may be
employed as combination End Office/Tandem Switches.
16. "CLC Operations Handbook" means Sections 16.6 and 16.7 of the CLC Handbook,
which address PACIFIC's Operations and Administration interfaces for local
interconnection and SS7.
17. "Centralized Message Distribution System" ("CMDS") means the transport
system that LECs use to exchange outcollect and CABS access messages among
each other and other parties connected to CMDS.
18. "Charge Number" means a CCS signaling parameter that refers to the number
transmitted through the network identifying the billing number of the
calling party.
19. "Centrex" means a Telecommunications Service that uses central office
switching equipment for call routing to handle direct dialing of calls, and
to provide many private branch exchange-like features.
20. "CLASS (Custom Local Area Signaling Service) and Custom Features" means a
grouping of optional enhancements to basic local exchange service that
offers special call handling features to end users (eg., call waiting, call
forwarding and automatic redial).
21. "Combination" shall have the meaning set forth in 47 C.F.R. Section
51.315.
22. "Commission" means the California Public Utilities Commission.
23. "Common Channel Signaling" or "CCS" means a method of digitally
transmitting call set-up and network control data over a special network
fully separate from the public switched network elements that carry the
actual call. Signaling System 7 ("SS7") is the CCS network presently used
by telecommunications carriers.
24. "Competitive Local Carrier (CLC) or Competitive Local Exchange Carrier
(CLC)" is a carrier who competes in the provision of local exchange
telecommunications service as set forth in Opinion, Appendix C, Section 3
(B), and is not an Incumbent LEC as defined by 47 U.S.C., Section 251 (h)
of the Act.
25. "Conduit" means a tube or similar enclosure that may be used to house
communication or communications-related power cables. Conduit may be
underground or above ground (for example, inside buildings) and may contain
one or more inner ducts. An inner duct means a separate tube or enclosure
within a conduit.
26. "Confidential Information" has the meaning set forth in Section 19.1 of the
General Terms and Conditions.
27. "Contract Year" means a twelve (12) month period during the term of the
contract commencing on the Effective Date and each anniversary thereof.
Page 2
Attachment 1
28. "Control Office" means an exchange carrier center or office designated as
its company's single point of contact for the provisioning and maintenance
of its portion of interconnection arrangements.
29. "Cross Connection" means an intra-wire center channel connecting separate
pieces of telecommunications equipment.
30. "Customer Usage Data" means the local Telecommunications Services usage
data of an CLC Customer, measured in minutes, sub-minute increments,
message units, or otherwise, that is recorded by PACIFIC and forwarded to
CLC.
31. "Directory Number Call Forwarding (DNCF)" means an interim form of Service
Provider Number Portability ("SPNP") which is provided through existing and
available call routing and call forwarding capabilities. DNCF will forward
calls dialed to an original telephone number to a new telephone number on a
multi-path basis. DNCF is not limited to listed directory numbers.
32. "Discloser" means that party to this Agreement which has disclosed
Confidential Information to the other party.
33. "DSX Panel" means a cross-connect bay or panel used for the termination of
equipment and facilities operating at digital rates.
34. "DS-0" means a digital signal rate of 64 Kilobits per second ("kbps").
35. "DS-1" means a digital signal rate of 1.544 Megabits Per Second ("Mbps").
36. "DS-3" means a digital signal rate of 44.736 Mbps.
37. "E911 Management System (MS)" A system of computer programs used by PACIFIC
to create, store and update the data that provides Selective Routing /SM/
and/or Automatic Location Identification (ALI).
38. "E911 Management System Gateway" is a processor that can relieve the host
computer (management system) of performing certain tasks, such as message
handling, code conversion, error control and application functions.
39. "E911 Service" is a method of routing 911 calls to a PSAP that uses
customer location data in the ALI/DMS to determine the PSAP to which a call
should be routed.
40. "Effective Date" is the date indicated in the Preface on which the
Agreement shall become effective.
41. "EISCC" or "Expanded Interconnection Cross Connection" means the connection
between the collocation point of termination ("POT") and the unbundled
Network Element or interconnection point to a switched or dedicated service
in PACIFIC's network.
42. "Electronic File Transfer" means any system or process that utilizes an
electronic format and protocol to send or receive data files.
43. "End Office Switches" are switches from which end users' Exchange services
are directly connected and offered.
44. "Environmental Hazard" means any substance the presence, use, transport,
abandonment or disposal of which (i) requires investigation, remediation,
compensation, fine or penalty under any
Page 3
Attachment 1
Applicable Law (including, without limitation, the Comprehensive
Environmental Response Compensation and Liability Act, Superfund Amendment
and Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to
human health, safety or the environment (including, without limitation,
indoor, outdoor or orbital space environments) and is regulated under any
Applicable Law.
45. "Exchange Message Record" or "EMR" means the standard used for exchange of
telecommunications message information among LECs for billable, non-
billable, sample, settlement and study data. EMR format is contained in BR-
000-000-000 XXXX Exchange Message Record, a Bellcore document which defines
industry standards for exchange message records.
46. "Exchange Service" is as defined in the Act.
47. "FCC" means the Federal Communications Commission.
48. "First Interconnection Order" means the First Report and Order issued In
the Matter of Implementation of the Local Competition provision in the
Telecommunications Act of 1996 (CC Docket No. 96-98, FCC 96-325) (released
August 8, 1996).
49. "Governmental Authority" means any federal, state, local, foreign or
international court, government, department, commission, board, bureau,
agency, official, or other regulatory, administrative, legislative or
judicial authority with jurisdiction.
50. "ILEC" shall mean "Incumbent Local Exchange Carrier" as defined in the Act.
51. "Interconnection" is as described in the Act.
52. "Interexchange Carrier (IEC or IXC)" means a provider of interexchange
telecommunications services.
53. "Interim Number Portability" or "INP" means the delivery of service
provider Number Portability capabilities through the use of switch-based
call routing as described in 47 C.F.R. Section 52.7.
54. "Integrated Services Digital Network" or "ISDN" means a digital switched
network service. "Basic Rate ISDN" provides for channelized (23 bearer and
1 data) end-to-end digital connectivity for the transmission of voice or
data on either or both bearer channels and packet data on the data channel.
"Primary Rate ISDN" provides for 24 bearer and 1 data channels.
55. "LATA-Wide Terminating Interconnection" means an interconnection
arrangement whereby one Party interconnects to a single designated tandem
switch of the other Party to terminate local and intraLATA toll. The Party
providing such termination will designate the tandem switch where such
interconnection is to occur.
56. "LEC" shall mean "Local Exchange Carrier" as defined in the Act.
57. "Line Information Data Base(s) (LIDB)" means one or all, as the context may
require, of the Line Information Databases owned individually by ILECs and
other entities which provide, among other things, calling card validation
functionality for telephone line number cards issued by ILECs and other
entities. A LIDB also contains validation data for collect and third
number-billed calls, which include billed number screening.
58. "Line Side" refers to End Office switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an ordinary subscribers telephone station
Page 4
Attachment 1
set, a PBX, answering machine, facsimile machine or computer). Line Side
connections offer only those transmission and signal features appropriate
for a connection between an End Office and such terminating station.
59. "Link" has the meaning set forth in Attachment 6, Section 3.
60. "Local Calls" are as defined by the Commission. Local Calls currently
include all 0-12 mile calls based on the rate centers of the originating
and terminating NPA-NXXs of the callers (these include ZUM Zone 1 and ZUM
Zone 2 calls) and, where established in incumbent LEC tariffs, ZUM Zone 3
and Extended Area Service (EAS) calls.
61. "Local Exchange Routing Guide" or "LERG" means a Bellcore Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing
information as well as Network Element and equipment designations.
62. "Local Exchange Traffic" means traffic originated on the network of a LEC
in a LATA and completed directly between that LEC's network and the network
of another LEC in that same LATA, including intraLATA toll traffic and
traffic originated to or terminated from LECs not party to this Agreement.
Local Exchange Traffic does not include traffic that is routed to or
terminated from the network of an 1XC.
63. "Local Interconnection Trunks/Trunk Groups" are used for the termination of
Local Exchange Traffic, using Bellcore Technical Reference GR-317-CORE
("GR-317").
64. "Local Loop" shall have the meaning set forth in 47 C.F.R. Section
51.319(a).
65. "Local Number Portability (LNP)" means the ability of users of
telecommunications services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability, or
convenience when switching from one telecommunications carrier to another.
66. "Local Service" has the meaning set forth in Attachment 5, Section 1.1.
67. "Loop" has the meaning set forth in Attachment 6, Section 3.
68. "MECAB" means the Multiple Exchange Carrier Access Billing document
prepared under the direction of the Billing Committee of the Ordering and
Billing Forum "OBF", which functions under the auspices of the Carrier
Liaison Committee of the Alliance for Telecommunications Industry Solutions
(ATIS), Section 23.1 of Part 1. The MECAB document, published by Bellcore
as Special Report SR-BDS-000983, contains the recommended guidelines for
the billing of access and other connectivity services provided by two or
more LECs (including LECs and CLCs), or by one LEC or CLC in two or more
states within a single LATA.
69. "Meet Point Trunks/Trunk Groups" ("MPTGs") are used for the joint provision
of Switched Access services, utilizing Bellcore Technical References
GR-394-CORE ("GR-394") and GR-317 CORE ("GR-317"). MPTGs are those between
a local End Office and an Access Tandem as described in FSD 20-24-0000 and
20-24-0300.
70. "MECOD" means the Multiple Exchange Carriers Ordering and Design Guidelines
for Access Services - Industry Support Interface, a document developed by
the Ordering/Provisioning Committee under the auspices of the OBF, which
functions under the auspices of the Carrier Liaison Committee of the ATIS.
The MECOD document, published by Bellcore as Special Report SR STS-002643,
establishes methods for processing orders for access and other connectivity
service which is to be provided by two or more local carriers (including a
LEC and a CLC), or by one LEC or CLC in two or more states within a single
LATA.
Page 5
Attachment 1
71. "Mid-Span Meet" means an interconnection between two LECs whereby each
provides its own cable and equipment up to the meet point of the cable
facilities. The meet point is the demarcation establishing ownership of and
responsibility for each LEC's portion of the transmission facility.
72. "911 Service" means a universal telephone number which gives the public
direct access to the PSAP. Basic 911 service collects 911 calls from one or
more local exchange switches that serve a geographic area. The calls are
then sent to the authority designated to receive such calls.
73. "Network Element" is as defined in the Act.
74. "North American Numbering Plan (NANP)" means the system of telephone
numbering employed in the United States, Canada, and certain Caribbean
countries.
75. "Numbering Plan Area (NPA)" is also sometimes referred to as an area code
and the three digit indicator that is defined by the "A", "B" and "C"
digits of each 10-digit telephone number within the NANP. Each NPA
contains 800 possible NXX Codes. There are two general categories of NPA.
"Geographic NPA" is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided
within that Geographic area. A "Non-Geographic NPA," also known as a
"Service Access Code" ("SAC Code"), is typically associated with a
specialized telecommunications service which may be provided across
multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900
are examples of Non-Geographic NPAs.
76. "Number Portability" is as defined in the Act.
77. "NXX", "NXX Code" or "Central Office Code" means the three digit switch
entity indicator that is defined by the "D", "E" and "F" digits of a l0-
digit telephone number within the NANP. Each NXX Code contains 10,000
station numbers.
78. "OBF" means the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (ATIS).
79. "Originating Line Information (OLI)" is an SS7 Feature Group D signaling
parameter which refers to the number transmitted through the network
identifying the billing number of the calling party.
80. "PACIFIC" means Pacific Xxxx.
81. "Party" means either CLC or PACIFIC. "Parties" means CLC and PACIFIC.
82. "Percent Local Usage or "PLU" means a percentage amount that represents the
ratio of the local minutes to the sum of local and intraLATA toll minutes
sent between the Parties over Local Interconnection Trunks. Directory
Assistance, BLV/BLVI, 900, 976, transiting calls from other LECS, WSP
traffic and interLATA Switched Access calls are not included in the
calculation of PLU.
83. "Permanent Number Portability (PNP)" means a long-term solution to provide
LNP for all customers and all providers consistent with the Act and
implementing regulations.
84. "Physical Collocation" shall have the meaning set forth in 47 C.F.R.
Section 51.5.
85. "Point of Interconnection" or "POI" means a physical location at which the
Parties' networks meet for the purpose of establishing interconnection.
POIs include a number of different technologies and technical interfaces
based on the Parties' mutual agreement.
Page 6
Attachment 1
86. "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.
87. "Port" means a termination point in the end office switch. For purposes of
general illustration, a Port includes a line card and associated peripheral
equipment on an End Office Switch which serves as the hardware termination
for line or trunk side facilities connected to the End Office switch. Each
line side Port is typically associated with one or more telephone numbers
that serve as the customers network address.
88. "Public Safety Answering Point (PSAP)" means the designated agency to which
calls to E911/911 services are routed.
89. "Rate Center" identifies the specific geographic point and corresponding
geographic area which are associated with one or more particular NPA-NXX
codes which have been assigned to a LEC (or CLC) for its provision of
Exchange Services. The rate point is a geographic location identified by
specific V&H (vertical and horizontal coordinates), which are used to
measure distance sensitive end user traffic to/from the particular NPA-NXX
designations with the specific Rate Center.
90. "Rating Point" means the Vertical and Horizontal ("V&H") coordinates
associated with a particular telephone number for rating purposes.
91. "Real Time" means the actual time in which an event takes place, with the
reporting on or the recording of the event practically simultaneous with
its occurrence.
92. "Recipient" means that party to this Agreement to which Confidential
Information has been disclosed by the other party.
93. "Recorded Usage Data" has the meaning set forth in Attachment 14.
94. "Release" means any release, spill, emission, leaking, pumping, injection,
deposit, disposal, discharge, dispersal, leaching, or migration, including
without limitation, the movement of Environmental Hazards through or in the
air, soil, surface water or groundwater, or any action or omission that
causes Environmental Hazards to spread or become more toxic or more
expensive to investigate or remediate.
95. "Right of Way (ROW)" means the right to use the land or other property of
a third party or governmental authority to place poles, conduits, cables,
other structures and equipment, or to provide passage to access such
structures and equipment. A ROW may run under, on, or above public or
private property (including air space above public or private property) and
may include the right to use discrete space in buildings, building
complexes or other locations.
96. "Routing Point" means a location which a LEC has designated on its own
network as the homing or routing point for traffic inbound to Exchange
Service provided by the LEC which bears a certain NPA-NXX designation. The
Routing Point is employed to calculate mileage measurements for the
distance-sensitive transport element charges of Switched Access services.
The Routing Point need not be the same as the Rating Point, nor must it be
located within the Rate Center area, but must be in the same LATA as the
NPA-NXX.
97. "Served Premises" means collectively, the CLC designated locations to which
CLC orders Network Elements, Ancillary Functions or Combinations.
98. "Service Control Point" or "SCP" means a node in the CCS network to which
information requests for service handling, such as routing, are directed
and processed. The SCP is a real time database system that, based on a
query from a Service Switching Point ("SSP"), performs subscriber or
Page 7
Attachment 1
application-specific service logic and then sends instructions back to the
SSP on how to continue call processing.
99. "Service provider local number portability" shall have the same meaning as
Number Portability as defined in the Act and FCC regulations thereunder.
100. "Signal Transfer Point" or "STP" means equipment that performs a packet
switching function that routes signaling messages among SSPs, SCPs,
Signaling Points ("SPs"), and other STPs in order to set up calls and to
query databases for advanced services.
101. "Special Construction" shall have the meaning set forth in PACIFIC's
Schedule P.U.C. No. 175-T, Section 15.1 (B) and (H) as of the Effective
Date of this Agreement and shall not be subject to change except upon
mutual agreement of the Parties (even if the underlying tariff changes),
provided that CLC will be treated no less favorably than PACIFIC treats its
own end-user customers.
102. "Switched Access" service means an offering of access to services or
facilities for the purpose of the origination or termination of traffic
from or to Exchange Service customers in a given area pursuant to a
Switched Access tariff. Switched Access services includes: Feature Group A
("FGA"), Feature Group B ("FGB"), Feature Group C ("FGC"), Feature Group D
("FGD"), Toll Free Service, 700 and 900 access. Switched Access service
does not include traffic exchanged between LECs for purpose of local
exchange interconnection.
103. "Switched Access Meet Point Billing" means a billing arrangement used when
two or more LECs jointly provide a Switched Access service over Meet Point
Trunks, with each LEC receiving an appropriate share of the revenues. The
access services will be billed using Switched Access rate structures, and
the LECs will decide whether a single xxxx or multiple xxxx will be sent.
If the LECs cannot agree, multiple bills will be sent.
104. "Tandem Switches" are switches that are used to connect and switch trunk
circuits between and among Central Office Switches.
105. "Toll Traffic" means IntraLATA traffic failing outside of the normal free
calling area as defined by the Commission.
106. "Toll Free Service" means service provided with any dialing sequence that
invokes toll-free, i.e., 800-like, service processing. Toll Free Service
includes calls to the Toll Free Service 800/888 NPA SAC codes.
107. "Transit Rate" is the rate that applies to local and toll calls sent
between a LEC and a CLC destined for a third-party LEC or CLC.
108. "Trunk-Side" refers to a Central Office switch connection that is capable
of, and has been programmed to treat the circuit as connecting to another
switching entity, for example, another Central Office switch. Trunk-Side
connections offer those transmission and signaling features appropriate for
the connection of switching entities and cannot be used for the direct
connection of ordinary telephone station sets.
109. "Unbundled Services Cross Connector" or "USCC" is a connection between an
unbundled link, which terminates at the distribution frame, and the cross
connect system, for the purpose of combining an unbundled link and PACIFIC
unbundled transport when multiplexing is required.
110. "Virtual Collocation" shall have the meaning set forth in 47 C.F.R.
Section 51.5.
Page 8
Attachment 1
111. "Voluntary Federal Customer Financial Assistance Programs" are
Telecommunications Services provided to low-income subscribers, pursuant to
requirements established by the appropriate state regulatory body.
112. "Waste" means all hazardous and non-hazardous substances and materials
which are intended to be discarded, scrapped, or recycled, associated with
activities CLC or PACIFIC or their respective contractors or agents perform
at Work Locations. It shall be presumed that all substances or materials
associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools,
leftovers, containers, garbage, scrap, residues or by products), except for
substances and materials that CLC, PACIFIC or their respective contractors
or agents intend to use in their original form in connection with similar
activities, are Waste. "Waste" shall not include substances, materials or
components incorporated into structures (such as cable routes) even after
such components or structure are no longer in current use.
113. "Wire Center" denotes a building or space within a building which serves as
an aggregation point on a given carrier's network, where transmission
facilities and circuits are connected or switched. PACIFIC Xxxx'x Wire
Center can also denote a building in which one or more Central Offices,
used for the provision of Exchange Services and access services, are
located. However, for purposes of collocation, Wire Center shall mean those
points eligible for such connections as specified in FCC Docket No. 91-141,
and rules adopted pursuant thereto, as modified by subsequent FCC
decisions.
114. "Wireless Service Provider or "WSP" means a provider of Commercial Mobile
Radio Services ("CMRS") e.g., cellular service provider, Personal
Communications Services provider, or paging service provider.
115. "Work Locations" means any real estate that CLC or PACIFIC, as appropriate,
owns, leases or licenses or in which it holds easements or other rights to
use, or does use, in connection with this Agreement.
Page 9
ATTACHMENT 2
------------
ACRONYMS
--------
Attachment 2
ACRONYMS
ACRONYM DEFINITION
------- ----------
AAA American Arbitration Association
AIN Advanced Intelligent Network
ALI Automatic Location Identification/
AMA Automated Message Accounting
ANSI American National Standards Institute
ARPM Average Revenue Per Message
ATIS Alliance for Telecom Industry Solutions
ATM Asynchronous Transfer Mode
BICI Broadband Inter-Carrier Interface
BITS Building Integrated Timing Supply
BLV/BLVI Busy Line Verification/Interrupt
BOSS Billing & Ordering Support System
BRCS Business and Residential Customer Service
C Network Element Combination
C-DTTA Combination of Dedicated Transport & Tandem
C-LPLS Combination of Loop & Local Switching
C- Combination Local Service, Common Transport Signaling,
LSCTSSDBTS Databases and/or Tandem Switching
CABS Carrier Access Billing System
CAMA ANI Centralized Automatic Message Accounting - Automatic Number Identification
CAP Competitive Access Provider
CCITT Consultative Committee on International Telegraph & Telephone
CCS Communications Channel Signaling
CCSNIS Common Channel Signaling Network Interface Specification
XXXXX Customers' Enhanced System for Access Requests
CIC Carrier Identification Code
CLASS Custom Local Area Signaling Service
CLC/CLC Competitive Local Exchange Carrier
CLLI Common Language Location Identifier
CMIP Coded Xxxx Inversion Protocol
CO Central Office
CPE Customer Premised Equipment
CRDD Customer Requested Due Dates
CT Common Transport
CY Current Year
DA Directory Assistance
DACS Digital Access Crossconnect Systems
DB Database
DB Service Central Points/Databases
Page 1
Attachment 2
DCC Data Communications Channel
DCS Digital Cross-Connect System
DID Direct Inward Dialing
DLC Digital Loop Carrier
DLCI Data Link Connection Identifier
DMOQs Direct Measures of Quality
DN Directory Numbers
DN-RI Directory Number - Route Index
DS-1 Digital Signal Level One
DS-3 Digital Signal Level Three
DS0 Digital Signal Level Zero
DSN Data Set Name
DSX Digital Cross Connect
DT Dedicated Transport
DTMF Dual-Tone Multi-Frequency
E Network Element
E&M Ear & Mouth Signaling
E-LP Element Loop
EAMF Equal Access Multi-Frequency
EBCDIC Extended Binary-Coded Decimal Interexchange Code
EBI Electronic Bonding Interface
EFT Electronic Fund Transfer
EI Electronic Interface
EMR Exchange Message Record
EO End Office
ESF Extended Super Frame
ESL Essential Service Line
ETTR Estimated Time to Repair
FDI Feeder Distribution Interface
FN Fiber Node
FOC Firm Order Confirmation
FRF Frame Relay Forum
FUNI Framebased User to Network Interface
GTT Global Title Translation
HDT Host Digital Terminal
HFC Hybrid Fiber Coax
HFC-HDT Hybrid Fiber Coax - Host Digital Terminal
ID Remote Identifiers
IEC Interexchange Carrier
IECs Interexchange Carriers
IEEE Institute of Electrical and Electronic Engineers
IISP Interim Interswitch Signaling Protocol
ILEC Incumbent Local Exchange Carrier
IN Intelligent Network
Page 2
Attachment 2
INA Integrated Network Access
INP Interim Number Portability
ISC Interconection Services Center
ISDN Integrated Services Digital Network
ISDNUP Integrated Services Digital Network User Part
ISNI Intermediate Signal Network Identifier
ISO International Standardization Organization
ISUP Integrated Services User Part
ITU International Telecommunications Union
IVMS Interswitch Voice Messaging Service
LARG LIDB Access Routing Guide
LASS Local Area Signaling Services
LATA Local Access Transport Area
LCC Line Class Code
LEC Local Exchange Carrier
LEC DA LEC Directory Assistance
LEC SCE LEC Service Creation Environment
LEC SCP LEC Service Control Point
LEC SMS Service Management System
LEC SSP LEC Service Switching Point
LFACS Loop Facilities Assignment and Control System
LGX Lightguide Cross-Connect
LIDB Line Information Data Base
LMI Local Management Interface
LNP Local Number Portability
LP Loop
LRECL Logical Record Length
LRN Local Routing Number
LS Local Switching
LSNE Local Switching Network Element
LSO Local Serving Office
LSSGR LATA Switching Systems Generic Requirements
MDF Main Distribution Frame
MDU Multiple Dwelling Unit
MDU/BCL Multiple Dwelling Unit/Business Customer Location
MF Multi-Frequency
MIB Management Information Base
MLT Mechanized Loop Tests
MOP Methods of Procedure
MOS Modified Operator Services
MOU Minutes of Use
MR Modification Request
MRVT MTP Routing Verification Test
MSAG Master Street & Address Guide
Page 3
Attachment 2
MTP Message Transfer Port
NEBS Network Equipment Building System
NI Network Interface Device
NID Network Interface Device
NIU Network Interface Unit
NMS Network Management System
NNI Network to Network Interface
NVT Network Validation Test
OA Operator Assistance
OAM Operation and Maintenance
OAM&P Operations Administration Maintenance & Provisioning
OBF Ordering & Billing Forum
OC Optical Carrier
ODS Optical Distribution
OLI Originating Line Indicator
OMAP Operations, Maintenance & Administration Part
ORT Operational Readiness Test
OS Operator Services
OSS Operations Support Systems
OSSGR Operator Services Systems Generic Requirements
PBX Private Branch Exchange
PDH Plesiochronous Digital Hierarchy
PEC Primary Exchange Carrier
PIC Primary Interexchange Carrier
PNP Permanent Number Portability
POI Point of Interface
POI Points of Interconnection
POT Point of Termination
POTS Plain Old Telephone Service
PREMIS Premise Information System
PRI Primary Rate Interface
PSAP Public Safety Answering Point
PUC Public Utilities Commission
XXX Regional Accounting Office
RCF Remote Call Forwarding
RECFM Record Format
RI Route Index
RI-PH Route Index - Portability Hub
ROW Right of Way
RPC Regional Processing Center
RSM Remote Switch Module
RT Remote Terminal
SAG Street Address Guide
SCCP Signaling Connection Control Point
Attachment 2
SCP Service Control Points
SDH Synchronous Digital Hierarchy
SECAB Small Exchange Carrier Access Billing
SL Signaling Link Transport
SMDI-E Standard Message Desk Interface - Enhanced
SMS Service Management System
SNMP Simple Network Management Protocol
SONET Synchronous Optical Network
SORD Service Order Retrieval and Distribution
SPOC Single Point of Contact
SPOI Signaling Point of Interconnection
SRVT SCCP Routing Verification Test
SS7 Signaling System 7
SSP Service Switching Points
STP Signaling Transfer Point
STS Synchronous Transport Signal
SWF-DSI Switched Functional DS1 Service Capability
T&M Time & Material
TCAP Transaction Capabilities Application Port
TDEV Time Deviation
TDI Tie Down Information
TIA-EIA Telecommunications Industries Association/Electronic
Industries Association
TR Technical Requirements
TS Tandem Switching
TSG Trunk Sub-Group
TSGR Transport System Generic Requirements
TSLRIC Total Service Long Run Incremental Cost
TSP Telecommunications Services Priority
UNI User to Network Interface
VB Variable Block
VCI Virtual Channel Identifier
VF Voice Frequency
WDM Wavelength Division Multiplexing
ATTACHMENT 3
------------
ALTERNATIVE DISPUTE RESOLUTION
------------------------------
Attachment 3
ATTACHMENT 3: TABLE OF CONTENTS
ALTERNATIVE DISPUTE RESOLUTION
1. Purpose............................................................... 1
2. Exclusive Remedy...................................................... 1
3. Informal Resolution of Disputes....................................... 2
4. Initiation of an Arbitration.......................................... 2
5. Governing Rules for Arbitration....................................... 2
6. Appointment and Removal of Arbitrator................................. 3
7. Duties and Powers of the Arbitrator................................... 3
8. Discovery............................................................. 4
9. Privileges............................................................ 4
10. Location of Hearing.................................................. 4
11. Decision............................................................. 4
12. Fees I............................................................... 5
13. Confidentiality...................................................... 5
14. Service of Process................................................... 5
Attachment 3
ALTERNATIVE DISPUTE RESOLUTION
------------------------------
1. Purpose
-------
This Attachment 3 is intended to provide for the expeditious, economical,
and equitable resolution of disputes between PACIFIC and CLC arising under
this Agreement.
2. Exclusive Remedy
----------------
2.1 Except for disputes or matters (i) for which the total value of the
amount in controversy exceeds Five Million Dollars ($5,000,000), (ii)
for which this Agreement or the Telecommunications Act of 1996
specifies a particular remedy or procedure, (iii) for which a Party
seeks injunctive relief and/or specific performance in any Court of
competent jurisdiction, or (iv) which are covered by the Billing
Disputes provisions contained in Attachment 13 (Connectivity Billing
and Recording), informal resolution and arbitration under the
procedures provided herein shall be the exclusive remedy for all
disputes between PACIFIC and CLC arising out of this Agreement or its
breach. PACIFIC and CLC agree not to resort to any court, agency, or
private group with respect to such disputes except in accordance with
this Attachment.
2.1.1 If, for any reason, certain claims or disputes are deemed to be
non-arbitrable, the non-arbitrability of those claims or
disputes shall in no way affect the arbitrability of any other
claims or disputes.
2.1.2 If, for any reason, the Federal Communications Commission or
any other federal or state regulatory agency exercises
jurisdiction over and decides any dispute related to this
Agreement, or to the Telecommunications Act of 1996, or to any
tariff and, as a result, a claim is adjudicated in both an
agency proceeding and an arbitration proceeding under this
Attachment 3, the following provisions shall apply:
2.1.2.1 To the extent required by law, the agency ruling shall
be binding upon the parties and shall take precedence
over any contrary ruling of the arbitrator for those
matters within the jurisdiction and authority of such
agency.
2.1.2.2 The arbitration ruling rendered pursuant to this
Attachment 3 shall be binding upon the parties for
purposes of establishing their respective contractual
rights and obligations under this Agreement.
Page 1
Attachment 3
3. Informal Resolution of Disputes
-------------------------------
3.1 Prior to initiating an arbitration pursuant to the American
Arbitration Association ("AAA") rules, as described below, the parties
to this Agreement shall submit any dispute between PACIFIC and CLC for
resolution to an Inter-Company Review Board consisting of one
representative from CLC at the Director-or-above level and one
representative from PACIFIC at the Vice-President-or-above level (or
at such lower level as each Party may designate).
3.2 The Parties may enter into a settlement of any dispute at any time.
The Settlement Agreement shall be in writing, and shall identify how
the Arbitrator's fee for the particular proceeding, if any, will be
apportioned.
3.3 At no time, for any purposes, may a Party introduce into evidence or
inform the Arbitrator of any statement or other action of a Party in
connection with negotiations between the Parties pursuant to the
Informal Resolution of Disputes provision of this Attachment 3.
4. Initiation of an Arbitration
----------------------------
If the Inter-Company Review Board is unable to resolve the dispute within
30 days (or such longer period as agreed to in writing by the Parties) of
such submission, and the Parties have not otherwise entered into a
settlement of their dispute, either Party may initiate an arbitration in
accordance with the AAA rules.
5. Governing Rules for Arbitration
-------------------------------
The rules set forth below and the rules of the AAA shall govern all
arbitration proceedings initiated pursuant to this Attachment; however,
such arbitration proceedings shall not be conducted under the auspices of
the AAA unless the Parties mutually agree. Where any of the rules set forth
herein conflict with the rules of the AAA, the rules set forth in this
Attachment shall prevail.
Page 2
Attachment 3
6. Appointment and Removal of Arbitrator
-------------------------------------
6.1 A sole Arbitrator (the "Arbitrator") will preside over each dispute
submitted for arbitration under this Agreement.
6.2 The Parties shall appoint each Arbitrator. Each Arbitrator will serve
until a decision is rendered. Each appointment will be made by mutual
agreement in writing within thirty (30) days after the Parties have
initiated an arbitration proceeding (or such longer period as the
Parties may mutually agree to in writing).
6.3 In the event that an Arbitrator resigns or becomes unable to discharge
his or her duties, the Parties shall, by mutual written Agreement,
appoint a replacement Arbitrator within thirty (30) days after such
resignation, removal, or inability, unless a different time period is
mutually agreed upon in writing by the Parties. Any matters pending
before the Arbitrator at the time he or she resigns, is removed, or
becomes unable to discharge his or her duties, will be assigned to the
replacement Arbitrator as soon as the replacement Arbitrator is
appointed.
6.4 In the event that the Parties do not appoint an Arbitrator within the
time limit set forth in Section 6.2 of this Attachment 3, or a
replacement Arbitrator within the time limit set forth in Section 6.3
of this Attachment 3, either Party may apply to AAA for appointment of
such Arbitrator. Prior to filing an application with the AAA, the
Party filing such application shall provide ten (10) days prior
written notice to the other Party to this Agreement.
Page 3
Attachment 3
7. Duties and Powers of the Arbitrator
-----------------------------------
7.1 The Arbitrator shall receive complaints, and other permitted
pleadings, oversee any discovery which is permitted, administer oaths
and subpoena witnesses pursuant to the United States Arbitration Act,
9 U.S.C. Section 1 et seq., hold hearings, issue decisions, and
maintain a record of proceedings. The Arbitrator shall have the power
to award any remedy or relief that a court with jurisdiction over this
Agreement could order or grant, including, without limitation, the
awarding of damages, pre-judgement interest, or imposition of
sanctions for abuse or frustration of the arbitration process, except
that the Arbitrator may not award injunctive relief, punitive damages
or any remedy rendered unavailable to the Parties pursuant to Sections
9.3 and 10 of this Agreement.
7.2 The Arbitrator shall not have the authority to limit, expand, or
otherwise modify the terms of this Agreement.
8. Discovery
---------
There shall be no discovery except for the exchange of documents deemed
necessary by the Arbitrator to an understanding and determination of the
dispute. PACIFIC and CLC shall attempt, in good faith, to agree on a plan
for document discovery. Should they fail to agree, either PACIFIC or CLC
may request a joint meeting or conference call with the Arbitrator. The
Arbitrator shall resolve any disputes between PACIFIC and CLC, and such
resolution with respect to the need, scope, manner, and timing of discovery
shall be final and binding.
9. Privileges
----------
Although conformity to formal rules of evidence may not be necessary in
connection with arbitrations initiated pursuant to this Attachment, the
Arbitrator shall, in all cases, apply the attorney-client privilege and the
work product immunity doctrine.
10. Location of Hearing
-------------------
Unless both Parties agree otherwise, any arbitration hearings will be held
in San Francisco, California.
11. Decision
--------
The Arbitrator's decision and award shall be final and binding, and shall
be in writing unless the Parties mutually agree in writing to waive the
requirement of a written opinion. Judgment upon the award rendered by the
Arbitrator may be entered in any court having jurisdiction thereof. Either
Party may apply to the United States District Court for the district in
which the hearing occurred for an order enforcing the decision.
Page 4
Attachment 3
12. Fees
----
12.1 The Arbitrator shall, in his or her discretion, apportion the
Arbitrator's fees and expenses to reflect the relative success of
each Party. In accordance with Section 3.2. of this Attachment 3, in
the event that the Parties settle a dispute before the Arbitrator
reaches a decision with respect to that dispute, the Settlement
Agreement must specify how the Arbitrator's fees for the particular
proceeding will be apportioned.
12.2 In an action to enforce or confirm a decision of the Arbitrator, the
prevailing Party shall be entitled to its reasonable attorneys' fees,
costs, and expenses necessarily incurred in the enforcement
proceedings without regard to the local rules of the district in
which the suit is brought.
13. Confidentiality
---------------
13.1 PACIFIC, CLC, and the Arbitrator will treat the arbitration
proceeding, including the hearings and conferences, discovery, or
other related events, as confidential, except as necessary in
connection with a judicial challenge to, or enforcement of, an award,
or unless otherwise required by an order or lawful process of a court
or governmental body.
13.2 In order to maintain the privacy of all arbitration conferences and
hearings, the Arbitrator shall have the power to require the
exclusion of any person, other than a Party, counsel thereto, or
other essential persons.
13.3 To the extent that any information or materials disclosed in the
course of an arbitration proceeding contains proprietary or
confidential information (Confidentiality Information) of either
Party, it shall be safeguarded in accordance with Section 18 of the
General Terms and Conditions of this Agreement. However, nothing in
Section 18 of the General Terms and Conditions of this Agreement
shall be construed to prevent either Party from disclosing the other
Party's Confidential Information to the Arbitrator in connection with
or in anticipation of an arbitration proceeding. In addition, the
Arbitrator may issue orders to protect the confidentiality of
proprietary information, trade secrets, or other sensitive
information.
14. Service of Process
------------------
Service may be made by submitting one copy of all pleadings and attachments
and any other documents requiring service to each Party and one copy to the
Arbitrator. Service shall be deemed made (i) upon receipt if delivered by
hand; (ii) the next business day if sent by overnight courier service; or
(iii) upon confirmed receipt if transmitted by facsimile. If service is by
facsimile, a copy shall be sent the same day by hand delivery or overnight
courier service.
14.1 Service by CLC to PACIFIC and by PACIFIC to CLC at the address
designated for delivery of notices in this Agreement shall be deemed
to be service to PACIFIC or CLC, respectfully.
Page 5
ATTACHMENT 4
------------
DIRECTORY LISTING REQUIREMENTS
------------------------------
Attachment 4
ATTACHMENT 4
DIRECTORY LISTING REQUIREMENTS
------------------------------
1 General
PACIFIC shall make available to CLC, for CLC customers, non-discriminatory
access to its telephone number and address directory listings ("Directory
Listings"), under the following terms and conditions:
2. White and Yellow Page Listings
PACIFIC publishes and distributes white pages directories through its
wholly owned subsidiary Pacific Xxxx Directory ("PBD"), as its agent for
the white pages. PBD also publishes and distributes yellow pages
directories. With respect to those directories, upon receipt of the
necessary customer information from CLC, PACIFIC will include a standard,
basic listing of CLC's residence customers in the appropriate white pages
directory and, for business customers, PACIFIC will provide a standard,
basic listing of CLC's customers to PBD for inclusion in the appropriate
white pages and yellow pages directories at no charge. Additionally, CLC's
customers each will have delivered to them at no charge one copy of
appropriate white and yellow pages directories. Where a CLC Customer has
two numbers for a line due to the implementation of interim Local Number
Portability, the ported number shall be considered part of the one White
Pages basic listing. PACIFIC shall permit CLC customers the option of not
having a published White Pages listing; this option will be provided at the
same price PACIFIC charges its end user customers for the same option.
PACIFIC shall include in its master subscriber list database all Subscriber
Listing Information for CLC customers; PACIFIC's use of CLC Subscriber
Listing information is subject to Section 6 of this Attachment 4.
3. Directories
3.1 Upon receipt of the necessary customer information from CLC, PACIFIC
shall deliver Directory Listings in book form ("Telephone
Directories") to each of CLC's exchange service customers with or
without charge on the same basis that it delivers Telephone
Directories to its own customers with or without charge. There is no
limit on the total number of directories that may be delivered by
PACIFIC. Timing of such delivery and the determination of which
Telephone Directories shall be delivered (whether by customer address,
NPA/NXX or other criteria), and the number of Telephone Directories to
be provided per customer, shall be provided under the same terms that
PACIFIC delivers Telephone Directories to its own local service
customers.
3.2 PACIFIC shall make available recycling services for Telephone
Directories to CLC customers under the same terms and conditions that
PACIFIC makes such services available to its own local service
customers.
4. Directory Listing Criteria
The tariffed general terms relating to directory listings and non-published
listings are set forth in PACIFIC's Schedule Cal. P.U.C. No. 175T, Section
9.3. Information relating to
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Attachment 4
paid advertising, publication schedules and coverage of specific
directories may be obtained by CLC from PBD. PACIFIC's listing handbook is
available in the Competitive Local Carriers Handbook in LI-OFFICE. PACIFIC
will automatically update the CLC Handbook as product offerings or product
process changes are made through LI-OFFICE. The changes will be available
automatically to CLC through LI-OFFICE. This listing handbook update will
include all changes to the directory listing criteria.
5. Customer Guide Pages
In areas where CLC provides (or plans to provide service within the next 12
months) exchange service, PACIFIC shall include, in the Customer Guide
section of each Telephone Directory, not less than one full page of
information about CLC services, including addresses and telephone numbers
for CLC customer service. A maximum of two pages will be provided without
charge to CLC. Pages in excess of two will be charged by PACIFIC in
accordance with the nondiscriminatory rates contained in PACIFIC's Schedule
Cal P.U.C. tariff No. 175-T, Section 9.2 ("Customer Guide Service Tariff").
The form and content of such customer guide pages shall be determined by
CLC and shall be provided by CLC to PACIFIC. However neither Party's
content can contain puffery or rate comparisons with other companies. At
CLC's option, the form and content of this customer information may vary
per community directory.
6. Sale of CLC Subscriber Listing Information
PACIFIC will include Subscriber List Information of published CLC local
exchange customers in PACIFIC's Telephone Directory Reproductions Rights
Service, unless instructed in writing by CLC not to release Subscriber List
Information to independent directory publications. PACIFIC will include the
Subscriber List Information of CLC local exchange customers in PACIFIC's
voice and electronic Directory Assistance Services.
Section 2 notwithstanding and subject to the following conditions, CLC may
direct PACIFIC not to release CLC's customers' Subscriber List Information
to independent directory publications if the Parties first agree:
6.1 on the timing and method for CLC to specify which CLC Customer
Subscriber List Information is not to be included in sales to
independent directory publications; and,
6.2 on the appropriate charge for listing such CLC customers in PACIFIC's
directories.
If the Parties cannot agree on the timing, method or price the Parties
shall use the Alternative Dispute Resolution Process set forth in
Attachment 3.
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ATTACHMENT 5
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LOCAL SERVICES RESALE
---------------------
Attachment 5
LOCAL SERVICES RESALE
1. Telecommunications Services Provided for Resale
1.1. This Attachment describes several services which PACIFIC shall make
available to CLC for resale pursuant to this Agreement. This list of
services is neither all inclusive nor exclusive. All
Telecommunications Services or offerings of PACIFIC which are to be
offered for resale at wholesale rates pursuant to the Act, regulations
thereunder, and relevant Commission decisions, are subject to the
terms herein, even though they are not specifically enumerated or
described. PACIFIC shall also provide support functions and service
functions, as set forth in Sections 4 and 5 of this Attachment 5. The
Telecommunications Services provided for resale, and the service
functions and support functions provided by PACIFIC to CLC pursuant to
this Agreement are collectively referred to as "Local Service."
1.2. The rights, obligations and duties set forth in this Attachment are
subject to the Act, regulations thereunder and relevant Commission
decisions.
2. General Terms and Conditions for Resale
2.1. Pricing
The prices charged to CLC for resold Local Service are set forth in
Attachment 8 of this Agreement. All Telecommunications Services,
including without limitation, promotions of more than 90 days
duration, shall be available to CLC at wholesale rates as specified in
Attachment 8, and shall be no less favorable than the wholesale rates
made available by PACIFIC to similarly situated CLCs; provided,
however, pursuant to Section 252 of the Act, implementing regulations
and any court decisions applicable thereto, PACIFIC shall make
available to CLC, without unreasonable delay, any Local Service
contained in any agreement to which PACIFIC is a party that has been
filed and approved by the Commission. CLC shall be subject to the same
term commitments, volume commitments, and prohibitions against end
user aggregation to satisfy volume discounts as apply to PACIFIC's
retail customers and the resale discount set forth in Attachment 8
shall be applied to CLC on a customer-by-customer basis. In no event
shall CLC be required to agree to volume or term commitments (other
than those which may be applicable to PACIFIC's end user customers) as
a condition for obtaining Local Service at wholesale rates.
2.2. Resale Restrictions
To the extent consistent with applicable rules and regulations of the
FCC and the Commission, including, without limitation, Decision 96-03-
020 of the Commission, CLC may resell Local Services to provide
Telecommunications Services. PACIFIC will not impose unreasonable or
discriminatory conditions or limitations on the resale of its
Telecommunications Services. Services that PACIFIC has grandfathered
or grandfathers in the future may only be resold to end-user customers
already subscribing to those same services.
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Attachment 5
2.3. Dialing and Service Parity; Number Retention
2.3.1. Unless technically infeasible, for resold service, PACIFIC shall
ensure that all CLC customers experience the same dialing parity as
similarly-situated PACIFIC customers, such that, for all call types:
(i) a CLC customer is not required to dial any greater number of
digits than a similarly-situated PACIFIC customer; (ii) the CLC
customer may retain its local telephone number with no loss of
features and functionalities; and (iii) the post-dial delay (time
elapsed between the last digit dialed and the first network
response), call completion rate and transmission quality experienced
by a CLC customer is at least equal in quality to that experienced
by a similarly-situated PACIFIC customer. This subsection shall
apply to 1+ intraLATA calls on the availability date resulting from
any Commission order authorizing or requiring intraLATA toll dialing
parity in California.
2.3.2. For resold services, PACIFIC shall ensure that all CLC customers
experience the same service levels as similarly situated PACIFIC
customers, and, unless technically infeasible, that there is no loss
of features or functionalities, including, but not limited to: same
dial tone and ringing; same capability for either dial pulse or
touch tone recognition; flat and measured services; speech
recognition as available; same extended local free calling area; 1+
IntraLATA toll calling; InterLATA toll calling and international
calling; 500, 700, 800, 900, 976 and dial around (1OXXX) services;
and restricted collect and third number billing.
2.4. Changes in Retail Service
PACIFIC will notify CLC of any changes in the terms and conditions under
which it offers Telecommunications Services at retail to subscribers who
are not telecommunications service providers or carriers, including, but
not limited to, the introduction of any new or discontinuance of any
features, functions, services, or promotions or the discontinuance of
current features or services, at least sixty (60) days prior to the
effective date of such change; provided, however, that with respect to
terms and conditions contained in a contract between PACIFIC and one of its
end users, PACIFIC shall notify CLC of changes in such terms and conditions
immediately upon signing any amendment to such contract. This notification
does not include products, services, or special offers or promotions not
available for resale.
2.5. Primary Local Exchange Carrier Selection
PACIFIC shall apply the principles set forth in Section 64.1100 of the
FCC Rules (47 C.F.R. Section 64.1100) to the process for end-user
selection of a primary local exchange carrier. PACIFIC shall not require a
written letter of authorization from the customer in order to process a CLC
order for Local Service for the customer; provided, however, that if CLC
requests a customer's service record, the provisions of Section 5.5.1 of
this Attachment shall apply.
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Attachment 5
3. Requirements for Specific Services
3.1. CENTREX Requirements
3.1.1. At CLC's option, CLC may purchase the entire set of CENTREX
features or a subset of any one or any combination of such
features. The CENTREX Service provided for resale will meet the
following requirements:
3.1.1.1. All deployed features and functions of CENTREX Service
offered to any PACIFIC customer, whether offered under
tariff or otherwise, shall be available to CLC, where
deployed, for resale, without any customer class
restrictions other than those which may be imposed by
applicable orders of the FCC or the Commission,
including, without limitation, Commission Decision 96-
03-020.
3.1.1.2. PACIFIC shall provide to CLC a list of all CENTREX
features and functions offered by PACIFIC within ten
(10) days of the Effective Date of this Agreement.
3.1.1.3. All service levels and features of CENTREX Service
provided by PACIFIC for resale by CLC shall be at
parity to those provided to PACIFIC's end user
customers.
3.1.1.4. CLC shall pay a one time, non-recurring charge, as set
forth in Attachment 8 of this Agreement to pay for the
cost of suppressing the need for CLC customers to dial
"9" ("Assumed Dial 9") when placing calls outside the
CENTREX System. CLC recognizes that there are certain
problems with Assumed Dial 9 on Centrex but such
problems would also be experienced by a PACIFIC
Centrex customer using Assumed Dial 9.
3.1.1.5. CLC may utilize Automatic Route Selection ("ARS").
3.2. CLASS and Custom Features Requirements
Where deployed, CLC may purchase the entire set of CLASS and Custom
Calling features and functions, or any one or any combination of such
features, on a customer-specific basis, without restriction on the
minimum or maximum number of lines or features that may be purchased.
PACIFIC shall provide to CLC a list of all such CLASS and Custom
features and functions within ten (10) days of the Effective Date
and shall provide CLC with updates to such list not less than 60 days
before any new features or functions eligible for resale become
available to the general public.
3.3. Exception Account Notification
3.3.1. An end-user customer account may be considered an "Exception
Account," for purposes of this Agreement, when certain
conditions exist (e.g. the LifeLine Service rate is billed,
Deaf and Disabled equipment has been provided, tax exemptions
exist, participation in other programs which provide for
reduced or special rates, or subsidies).
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Attachment 5
3.3.2. PACIFIC shall forward the account information to CLC which
identifies a specific end-user as currently eligible and
participating such in programs, in an electronic format in
accordance with the procedures set forth in this Attachment and
Attachment 11.
3.3.3. CLC will purchase services eligible for resale from PACIFIC,
less the applicable wholesale discount, to provide its own
version of these "Exception Accounts" services.
3.4. Intercept and Transfer Services
Upon request from CLC, PACIFIC will provide an intercept referral
message that includes any new CLC telephone number, for Residential
customers for three (3) months, and Business customers for twelve
(12) months, and PACIFIC will provide directory updates at the next
publication. This intercept referral message shall be approved by CLC
and shall be similar in format to the intercept referral messages
currently provided by PACIFIC for its own end users. Custom messages
or extension in duration of the referral shall be subject to the
charges set forth in Attachment 8.
3.5. E911/911 Services
PACIFIC shall provide to CLC, for CLC customers, E911/911 call routing
to the appropriate Public Safety Answering Point ("PSAP") with a
parity level equal to that provided to PACIFIC's end-user customers.
PACIFIC shall provide and validate CLC customer information to the
PSAP. Upon request, PACIFIC will provide documentation to CLC showing
the correlation between PACIFIC's LSOs/rate centers to their E911
Selective Router tandems. At the price set forth in Attachment 8,
PACIFIC will provide CLC with access to PACIFIC's Master Street
Address Guide (MSAG), in paper form and magnetic tape, for purposes of
allowing CLC to update and validate customer records in the E911
Management System (E911 MS) database used to support E911/911
services. PACIFIC will offer to CLC a diskette version of the MSAG,
when available; availability is expected in the first quarter of 1997.
PACIFIC will use all reasonable efforts to maintain the MSAG database
consistent with correct information in the PREMIS database. Nothing in
this Agreement precludes CLC from establishing and updating its own
ALI/DMS data base.
4. Support Functions for Resold Services:
4.1. The following support functions are offered in conjunction with a
resold service: Operator Services. Operator Services consist of
Directory Assistance and Operator Assistance.
4.2. Routing to Operator Services
Where CLC purchases resold Local Service, at CLC's option, PACIFIC
will provide the functionality and features required to modify the
originating subscriber's line at PACIFIC's local switch (LS) to route
all calls to the CLC Network for Operator Services. Such routing to
CLC's Operator Services shall be available as specified in Attachment
6, Section 4.1.4.4.
4.2.1. Operator Services: Operator Assistance calls which, at CLC's
option, are routed to PACIFIC will meet the following
requirements:
4.2.1.1. The calls will be unbranded, with no reference,
express or implied, to PACIFIC. When PACIFIC
implements the ability to brand operator
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Attachment 5
service, for any CLC, PACIFIC shall make such capability
available to CLC.
4.2.1.2. When PACIFIC implements the capability to quote call time
and charges for any CLC, PACIFIC shall make such
capability available to CLC.
4.2.1.3. PACIFIC will provide Operator Services to CLC which meets
those services to which PACIFIC provides to itself and
its own end-user customers.
4.2.2. Directory Assistance:
4.2.2.1. At CLC's option, PACIFIC shall route local Directory
Assistance calls dialed via 411 by CLC customers directly
to the CLC Network.
4.2.2.2. PACIFIC will include the CLC customer's listing in its
Directory Assistance database as part of the Service
Order process. PACIFIC will honor CLC customer's
preferences for listing status, including nonpublished
and unlisted, as noted on the Service Order Request or
similar form and will ensure that the listing appears as
CLC requested in the PACIFIC database which is used to
perform Directory Assistance functions.
4.3. Operator Assistance:
4.3.1. PACIFIC will provide the full range of Operator Assistance, at the
rates set forth in Attachment 8, including, but not limited to,
collect, person-to-person, station-to-station, xxxx-to-third party,
busy line verification and busy line interrupt, handicapped caller
assistance, and emergency call assist.
4.3.1.1. At CLC's option, and consistent with the implementation
schedule set forth in Attachment 6, Section 4.1.4.4,
PACIFIC shall route local Operator Assistance calls (O+,
O-) dialed by CLC customers directly to the CLC Local
Operator Assistance platform. Such traffic shall be
routed over trunk groups specified by CLC which connect
PACIFIC end offices and the CLC Local Operator Assistance
platform, using standard Operator Assistance dialing
protocols of O+ or O-.
4.3.1.2. PACIFIC will provide the functionality and features
within its local switch (LS) to route CLC customer dialed
0- and O+ IntraLATA calls to the CLC designated trunk on
the Main Distributing Frame (MDF) or Digital Cross
Connect (DSX) panel via Modified Operator Assistance
Signaling (XXXX) Feature Group C signaling. In all cases,
PACIFIC will provide post-dial delay at least equal to
that provided by PACIFIC for its end user customers.
4.3.1.3. PACIFIC will warm-line transfer any CLC customer
requesting rate information to CLC, as follows:
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Attachment 5
4.3.1.3.1. Warm-line transfers without charge: PACIFIC will warm-
line transfer any CLC customer requesting intraLATA
rate information (except calling plan information), at
no charge to CLC.
4.3.1.3.2. Warm-line transfers at tariffed rate: PACIFIC will
warm-line transfer any CLC customer requesting
interLATA, interstate or international rate
information, as well as intraLATA calling plan
information, and charge CLC the tariffed rate for
carrier-to-carrier warm-line transfers.
4.3.2. Repair Calls:
Either Party shall refer repair calls dialed by the other Party's
end-user customer to the repair number supplied by the appropriate
Party. As soon as reasonably practical and when PACIFIC implements
the ability to route 611 repair calls directly to any CLC's repair
services platform, PACIFIC will make such capability available to
CLC. To promote expeditious development of this capability, the
Parties will meet and confer, upon CLC's request, in an effort to
develop a solution which can be implemented by a mutually agreed-
upon date. In the event the Parties are unable to agree within
sixty (60) days of the first meeting, the Parties shall submit any
dispute to Alternative Dispute Resolution as set forth in
Attachment 3. In the interim, commencing as soon as reasonably
practicable but within sixty (60) days after the effective date of
this Agreement, PACIFIC shall not brand its greeting in PACIFIC's
Repair Services Automated Voice Response Unit and shall not include
a PACIFIC branded statement at any time during the call when a CLC
telephone number is entered. Until PACIFIC implements the
capability to route 611 repair calls to any CLC's repair services
platform, should CLC implement 611 routing for its own repair
service, then CLC is obligated to unbrand any Automated Voice
Response Unit used in providing its repair service accessed by
dialing 611 when called by a PACIFIC customer, or, if CLC cannot
unbrand such calls, PACIFIC is relieved of its obligation to
unbrand PACIFIC's repair service as set out in this Section.
4.3.3. Non-discriminatory Treatment:
All direct routing capabilities described herein shall permit CLC
customers to dial the same telephone numbers for CLC Directory
Assistance or Local Operator that similarly-situated PACIFIC
customers dial for reaching equivalent PACIFIC services. Such non-
discriminatory dialing to reach CLC's Directory Assistance or Local
Operator shall be available consistent with the implementation
schedule in Attachment 6, Section 4.1.4.4.
4.3.4. Emergency Calls:
PACIFIC, no later than ten (10) business days after the Effective
Date, shall provide to CLC the emergency public agency (e.g.,
police, fire, ambulance) telephone numbers linked to each NPA-NXX.
Such data will be transmitted via the Electronic Interface
described in Attachment 11, or by an interim means agreed by the
parties. PACIFIC will electronically transmit to CLC, in a timely
manner, all changes, alterations, modifications and updates to such
data. PACIFIC shall accurately transmit information provided to
PACIFIC by the emergency public agency, but assumes no liability
for the accuracy of such information.
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Attachment 5
4.4. Busy Line Verification and Emergency Line Interrupt
PACIFIC will offer Operator-to-Operator BLV/BLVI to CLC on a non-
discriminatory basis, in accordance with LERG instructions. PACIFIC
requires that a reciprocal BLV/BLVI network be established between
PACIFIC and CLC's operator service provider.
4.5. Access to the Line Information Database
PACIFIC shall update and maintain CLC customer information in the
Line Information Database ("LIDB") in the same manner and on the same
schedule that it maintains information in LIDB for PACIFIC customers.
4.6. Telephone Line Number Calling Cards
Effective as of the date of an end-user's subscription to CLC
Service, PACIFIC will remove any PACIFIC-assigned telephone line
calling card number (including area code) ("TLN") from the LIDB.
4.7. Call Blocking
Upon CLC's request, PACIFIC will provide blocking on a line by line
basis of a CLC customer's access to any or all of the following call
types: 900, 976, xxxx to third and collect, and such other call types
for which PACIFIC provides blocking to similarly situated customers.
4.8. Pay Phone Services
4.8.1. "Pay Phone Service" is defined by Section 276 of the Act and
any FCC and Commission regulations adopted thereto. These
services may include the provision of service from public pay
telephones, the provision of inmate telephone service in
correctional institutions, and the provision of any ancillary
services within the meaning of Section 276 of the Act.
4.8.2. Pay phone lines are defined as the loop from the pay phone
set point of demarcation to the Serving Wire Center. Pay
phone lines are attached to coinless and coin pay phone sets
(e.g. PACIFIC's COPT service).
4.8.3. PACIFIC will provide CLC all retail telecommunications
functions and features provided by PACIFIC through pay phone
lines, in the same form, made available by PACIFIC to
customers for its pay phone lines customers (e.g. COPT
providers).
4.8.4. Each Party will comply with Section 276 of the Act and FCC
regulations adopted thereunder in connection with selection
of carriers for intraLATA, interLATA and international
telephone services from pay phone sets.
6. Service Functions
-----------------
5.1. Electronic Interface
5.1.1. PACIFIC shall provide an interim electronic interface known
as Network Data Mover ("NDM") for transferring and receiving
all Service Orders and related information such as Firm Order
Confirmations (FOC), Jeopardies, Rejects,
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Attachment 5
Simple and Complex Completions. The NDM shall be administered
through a gateway that will serve as a single point of contact for
the transmission of data from CLC to PACIFIC, and from PACIFIC to
CLC. The requirements and implementation of such a data transfer
system are/will be set forth in Attachment 11 and are incorporated
by this reference as though fully set forth herein.
5.1.2. For the long term, PACIFIC and CLC agree to adopt an Electronic
Interface ("EI") standard to transmit and receive Pre-Order, Order
and Provisioning data in a "real time" environment. Both companies
agree that this solution is in their mutual best interest and will
negotiate in good faith for the earliest possible deployment of an
EI standard, as set forth in Attachment 11. In the event the
parties are unable to reach agreement on implementation of an EI
standard, any unresolved issues will be resolved pursuant to the
Alternative Dispute Resolution procedures in Attachment 3 to this
Agreement.
5.2. Work Order Processes
5.2.1. PACIFIC shall ensure that all work order processes used to
provision Local Service to CLC for resale meet the service parity
requirements set forth in this Agreement or its Attachments
5.2.2. Additional Service Ordering, Provisioning, Maintenance, Billing and
Customer Usage Data requirements and procedures are set forth in
Attachments 11, 12, 13 and 14.
5.3. Point of Contact for CLC Customers
5.3.1. Except as otherwise provided in this Agreement, CLC shall be the
single and sole point of contact for all CLC customers.
5.3.2. Each Party shall refer all questions regarding the other Party's
service or product directly to the other Party at a telephone
number specified by the other Party.
5.3.3. Each Party shall ensure that all their representatives who receive
inquiries regarding the other Party's services: (i) provide such
numbers to callers who inquire about the other Party's services or
products; and (ii) do not in any way disparage or discriminate
against the other Party, or its products or services. Each Party's
policy shall be not to use these misdirected calls as opportunities
to solicit the move from one company to another.
5.4. Single Point of Contact
5.4.1. Each party shall provide the other party with a single point of
contact ("SPOC") for all inquiries regarding the implementation of
this Attachment. Each Party shall accept all inquiries from the
other Party and provide timely responses.
5.5. Pre-Service Order Information
To facilitate the ordering of new service for resale or changes to such
service to a CLC customer ("Service Order"), PACIFIC shall provide,
consistent with the implementation schedule set forth in Section 5.1.1.,
CLC's representatives with gateway access to PACIFIC's PREMIS and APTOS
information. This will allow CLC to perform functions
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Attachment 5
such as, but not limited to, Telephone Number Assignment, an LSO to address
correlation, service and feature availability by Switch type and other such
functions which are deemed necessary to provide the customer with a common
experience when dealing with CLC. Through PREMIS, APTOS, NDM or using
other methods, PACIFIC shall comply with CLC requests to:
5.5.1. Obtain customer information, including customer name, billing and
residence address, billing telephone number(s), current
participation in Voluntary Federal Customer Financial Assistance
Program, Telephone Relay, and other similar services, and
identification of PACIFIC features and services subscribed to by
customer; for residence customers, CLC will provide PACIFIC with
written approval from the customer prior to seeking such
information and for business customers, CLC will provide PACIFIC
with a written statement indicating that it has the customers
approval (verbal or written) to receive such information
5.5.2. Obtain information on all features and telecommunication services
available for resale, including new services, trial offers and
promotions, and inter/intraLATA PIC availability, outlined at the
end-office level. IntraLATA PIC availability will become available
concurrent with intraLATA presubscription implementation.
5.5.3. Enter the CLC customer order for all desired features and services;
5.5.4. Assign a telephone number (if the CLC customer does not have one
assigned);
5.5.5. Identify the appropriate primary directory for each end-user
location;
5.5.6. For single-line residential service, determine if a service call is
needed to install the line or service;
5.5.7. Identify "next available due date" for service installation;
5.5.8. Provide service availability dates;
5.5.9. Order local, intraLATA toll service, and enter CLC customer's
choice of primary interexchange carrier on a single, unified order;
and
5.5.10. Suspend or terminate service to a CLC customer for non-payment and
restore service, as appropriate, at parity with PACIFIC's ability
to suspend or terminate service.
5.5.11. Obtain street address information for address verification and
street-address-to-wire-center correlation.
5.6. Provisioning
After receipt and acceptance of a Service Order, PACIFIC shall provision
such Service Order in accordance with the Intervals and performance
standards set forth in Attachment 17 and as set forth below:
5.6.1. PACIFIC shall provide CLC with service status notices, within
mutually agreed-upon intervals. Such status notices shall include
the following:
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Attachment 5
5.6.1.1. Firm order confirmation, including service availability
date, and the need for a service dispatch;
5.6.1.2. Order completion notification within 24 hours of
installation which details the work performed, date
completed and any additional information, such as
material charges;
5.6.1.3. Rejections/errors in Service Orders;
5.6.1.4. Jeopardies and missed appointments;
5.6.1.5. Charges associated with necessary construction;
5.6.1.6. Except for basic exchange service, order status at
critical intervals;
5.6.1.7. Except for basic exchange service, test results, where
available, will be provided in a form mutually
agreeable.
5.6.2. Where PACIFIC provides installation, PACIFIC shall advise a CLC
customer to notify CLC immediately if the CLC customer requests a
service change at the time of installation.
5.6.3. PACIFIC shall provide provisioning support to CLC at parity with
the normal business hours it supports its own retail unit.
5.6.4. PACIFIC shall provide training for all PACIFIC employees who may
communicate, either by telephone or face-to-face, with CLC
customers, during the provisioning process. Such training shall
instruct the PACIFIC employees not to disparage or discriminate
against CLC, its products or services, and shall comply with the
branding requirements of this Agreement.
5.6.5. At CLC's option, CLC may designate directory listings (Directory
Assistance listing and Telephone Directory listing) for existing
customers be migrated 'as is,' with no additional information
required.
5.7. Maintenance
Maintenance shall be provided in accordance with the requirements and
standards set forth in Attachment 12. Maintenance will be provided by
PACIFIC in accordance with the service parity requirements set forth in
this Attachment.
5.8. Provision of Customer Usage Data
PACIFIC shall provide the Customer Usage Data recorded by PACIFIC. Such
data shall include CLC Cg5 customer Usage Data for Local Service, including
both local and intraLATA toll service, all in accordance with the terms and
conditions set forth in Attachment 14.
5.9. Service/Operation Readiness Testing
In addition to testing described elsewhere in this Section, PACIFIC shall
test the systems used to perform the following functions sixty (60) days
prior to commencement of
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Attachment 5
PACIFIC's provision of Local Service to CLC, in order to establish system
readiness capabilities:
5.9.1.1. All interfaces between CLC and PACIFIC work centers
for Service Order, Provisioning,
5.9.1.2. Maintenance, Billing and Customer Usage Data;
5.9.1.3. The process for PACIFIC to provide customer service
records;
5.9.1.4. The installation scheduling process;
5.9.1.5. Telephone number assignment;
5.9.1.6. Procedures for communications and coordination
between CLC SPOC and PACIFIC's Interconnection
Service Center (ISC);
5.9.1.7. Procedures for transmission of Customer Usage Data;
and
5.9.1.8. Procedures for transmitting bills to CLC for Local
Service.
5.9.2. The functionalities identified above shall be tested in order
to determine whether PACIFIC performance meets the applicable
service parity requirements and other performance standards set
forth herein. PACIFIC and CLC shall make available sufficient
technical staff to perform such testing. PACIFIC and CLC
technical staffs shall be available to meet as necessary to
facilitate testing. PACIFIC and CLC shall mutually agree on the
schedule for such testing.
5.9.3. At either Party's request, each Party shall provide to the
other Party any results of the testing performed pursuant to
the terms of this Attachment. Either Party may review such
results and shall notify the other Party of any failures to
meet the requirements of this Agreement.
5.9.4. During the term of this Agreement, PACIFIC shall participate in
cooperative testing requested by CLC whenever it is deemed
necessary by CLC to ensure service performance, reliability and
customer serviceability.
5.10. Billing For Local Service
5.10.1. PACIFIC shall xxxx CLC for Local Service provided by PACIFIC to
CLC pursuant to the terms of this Attachment, and in accordance
with the terms and conditions for Connectivity Billing and
Recording in Attachment 13.
5.10.2. PACIFIC shall recognize CLC as the customer of record for all
Local Service and will send all notices, bills and other
pertinent information directly to CLC unless CLC specifically
requests otherwise.
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ATTACHMENT 6
------------
UNBUNDLED NETWORK ELEMENTS
--------------------------
Attachment 6
SPECIFICATIONS, SERVICE DESCRIPTIONS,
-------------------------------------
AND IMPLEMENTATION SCHEDULE
---------------------------
FOR UNBUNDLED NETWORK ELEMENTS
------------------------------
1. General: Unbundled Network Elements
1.1. Access to unbundled elements shall be specified herein and not
presumed. The unbundled Network Elements offered under this Agreement
shall be clearly specified in this Agreement or the attachments
hereto. In no event will it be presumed that access to an unbundled
Network Element is offered unless so specified. The methods of access
to unbundled Network Elements described in this Attachment are not
exclusive. PACIFIC will make available any other form of access
requested by CLC that is consistent with the Act and the regulations
thereunder. Requests for unbundled Network Elements not specified in
this Attachment shall be processed according to the process described
in Section 1.6 below.
1.2. Consistent with the terms and conditions in this Attachment and the
Act and regulations thereunder, PACIFIC shall offer each Network
Element individually and in combination with any other Network Element
or Network Elements in order to permit CLC to combine such Network
Element or Network Elements with another Network Element or other
Network Elements obtained from PACIFIC or with network components
provided by itself or by third parties to provide telecommunications
services to its customers. Unbundled Network Elements will be made
available, upon CLC request, on the same date, subject to ordering
interval requirements, that they are made available to another CLC or
upon the date mutually agreed to by the Parties. Development cost
recovery terms applicable to other CLCs that have purchased the
unbundled Network Element will also apply to CLC. Upon request,
PACIFIC will provide its current implementation schedule to CLC.
1.3. Consistent with the terms and conditions in this Attachment and the
Act and regulations thereunder, PACIFIC will permit CLC to
interconnect CLC's facilities or facilities provided by CLC or by
third parties with each of PACIFIC's unbundled Network Elements at any
point designated by CLC that is technically feasible.
1.4. CLC may use one or more Network Elements or unbundled Network Element
Combinations, to provide any telecommunications service. The initial
set of unbundled Network Element Combinations that the Parties agree
shall be available to CLC is specified in Appendix A of this
Attachment. The availability of any combination is contingent on a
written request for the combination and CLC's commitment to pay its
proportionate share to develop the combination. Nothing in this
Attachment obligates CLC to pay any development costs for combinations
it does not request. If CLC requests a combination not specified in
this Attachment and for which the Parties have not agreed on methods
and procedures for pre-ordering, ordering, provisioning, maintenance,
billing and pricing, the Parties will meet and confer pursuant to
Section 1.6, below, to establish the processes necessary to provide
the Combination. In the event the Parties cannot agree on technical
feasibility or any of the matters specified in the foregoing sentence,
the Parties will follow the dispute resolution process set forth in
Attachment 3 to the Agreement.
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Attachment 6
1.5. For each Network Element, PACIFIC shall specify a demarcation point
and, if necessary, access to such demarcation point, which is mutually
agreed to by the Parties. However, where PACIFIC provides contiguous
Network Elements to CLC, PACIFIC may provide the existing
interconnections and no demarcation point shall exist between such
contiguous Network Elements.
1.6. This Attachment 6, together with Attachments 5, 11, 12, 13 and 14
which collectively describe the Operating Support System Network
Element, lists the Network Elements that CLC and PACIFIC have
identified as of the Effective Date of this Agreement. CLC and PACIFIC
agree that the Network Elements identified in this Agreement are not
exclusive. The process of requesting an unbundled Network Element, an
unbundled Network Element combination, or access to an unbundled
Network Element not identified herein shall be as follows:
1.6.1. Either Party may identify an unbundled Network Element that is
not currently available in PACIFIC's network, by providing
written notice to the other Party, which notice shall include
a description of the Network Element adequate to determine
technical feasibility and development requirements.
1.6.2. The Parties agree to immediately work together to determine
(a) the technical feasibility of the request and (b) the
requirements to develop the request, and the anticipated cost
of developing the quote. If the Network Element is identified
by CLC, PACIFIC shall be allowed a commercially reasonable
period of time to evaluate the technical feasibility of the
request and the requirements to develop the requested Network
Element. Notwithstanding the foregoing, if the Parties cannot
agree within forty-five (45) days (or such other period of
time as may be mutually agreeable), whether the Network
Element is technically feasible, or on the requirements
necessary to develop the Network Element, the Parties shall
use the alternative dispute resolution process set forth in
Attachment 3 to this Agreement.
1.6.3. The costs of developing the unbundled Network Element, which
includes, but is not limited to, the cost of developing the
quote, shall be recovered from any entity which utilizes the
Network Element so identified, including PACIFIC and its
affiliates. In addition, CLC shall pay its share of PACIFIC's
costs of developing any Network Element, not identified in
this Agreement (including, but not limited to, the cost of
developing the quote) if CLC requests development of the
Network Element but subsequently determines not to purchase
the Element. In all cases, CLC and PACIFIC shall meet and
confer on the amount of such costs, each Party's respective
share of such costs, and the method of recovery. In the event
the Parties cannot agree on the amount and method of recovery,
the Parties shall track their respective development costs and
will use the alternative dispute resolution process set forth
in Attachment 3 to this Agreement. Any determination made in
alternative dispute resolution shall be subject to
modification by a subsequent decision of the Commission. In no
event shall either Party allow the pendancy of a dispute
concerning development costs to delay analysis or
implementation of the Network Element.
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Attachment 6
1.7. Development costs are those one-time costs incurred to design, create
and test a new unbundled Network Element or new unbundled Network
Element Combinations, or new form of access to an unbundled Network
Element.
1.8. Implementation costs are those costs incurred for the development of
the capability to order, xxxx, provision and maintain the unbundled
Network Element or unbundled Network Element Combination. PACIFIC's
recovery of its implementation costs, if any, will be specified in
Attachment 8.
1.9. Unless specified otherwise in this Attachment, PACIFIC will make the
unbundled elements identified in this Agreement, and all Combinations
specified herein used by PACIFIC in its network, available on the
Effective Date of this Agreement.
1.10. The charge(s) for unbundled Network Elements requested pursuant to
Section 1.6 above shall be specified by amendment to Attachment 8.
2. Network Interface Device (NID)
2.1. General Description and Specifications of the Unbundled Element
2.1.1. Description: NID is PACIFIC's terminal that is used to
connect the end user customer's inside wire with the
telephone network. In addition, the NID is the final
termination point, or DEMARC (demarcation point) in the loop
network where an end user customer connects its inside wire
to a telephone company's loop network. Connection to
PACIFIC's NID will permit CLC to obtain direct access to the
end user customer's inside wire by attaching its connecting
facility directly to the same screws or lugs being used by
PACIFIC to serve the customer.
2.1.2. Types of NID: Under this Agreement, PACIFIC shall offer
access to two general types of NIDs:
2.1.2.1. Simple NID, which is a standard network interface
(SNI) the use of which permits the end user's
customer wiring to be isolated from PACIFIC's
network.
2.1.2.2. Complex NID, which is a building terminal where end
user customer wiring terminates on PACIFIC's
network.
2.2. Form of Access
2.2.1. Form of Access Applicable to All NIDs: In all cases (simple
and complex), access to PACIFIC's NID will only be available
through a separate NID provided by CLC, and a separate
connecting facility running either between the two NIDs, or,
where a connector block is available, between CLC's NID and
the connector block where the end user customer's inside wire
is attached. Unless otherwise agreed in writing, CLC shall be
responsible for providing its own NID and its own connecting
facility. In addition, CLC shall be responsible for obtaining
all approvals necessary to place its NID and the connecting
facility on the owners premise. Nothing in this Attachment
precludes the end-user
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Attachment 6
customer from re-terminating its inside wire to the CLC-
provided NID thus eliminating the need for NID-to-NID cross-
connects. In addition, should CLC purchase a combination of
PACIFIC's NID and PACIFIC's Links, a separate CLC NID will not
be required.
2.2.2. Ordering: CLC shall order access to PACIFIC's unbundled NID by
placing an order, requesting access to the unbundled NID with
PACIFIC's Local Interconnection Service Center (LISC).
2.2.3. When orders for simple unbundled NIDs are received by PACIFIC,
PACIFIC shall make available to CLC information, where
available, indicating the type of NID currently employed
e.g., SNI, MPOE with binding post identification, MPOE with
color code identification, or neither). When orders for
complex unbundled NIDs are received by PACIFIC, PACIFIC shall
make available to CLC information indicating the type of NID
currently employed (e.g., SNI, MPOE with Binding post
identification, MPOE with color code identification, or
neither).
2.3. General Terms and Conditions
2.3.1. When CLC purchases a combination of a PACIFIC NID and a
PACIFIC Link, Section 2.3.2-2.3.7, 2.3.1.0 and 2.4 will not
be applied.
2.3.2. Dispatch Provision of access to unbundled NIDs will normally
not involve dispatch or field work by PACIFIC. If the Parties
agree that dispatch is required to perform work on CLC's
behalf (e.g., to clear or make available spare binding posts
in the PACIFIC NID or to secure PACIFIC's facilities at the
premises), then PACIFIC will dispatch a service technician to
complete all necessary work at the customer's premise to
protect PACIFIC's facilities. Dispatch charges as set forth in
Attachment 8, shall apply with each such order. PACIFIC will
not apply dispatch charges when it is necessary to perform
activities to repair connector blocks or binding posts that
are inoperable.
2.3.3. Protection of Facilities: In no case shall either Party
connect to the NID or tie down its connecting facility
directly over the other Party's facility without prior
approval of the other Party and without conditioning having
been performed to isolate each Party's network. Furthermore,
in no instance shall either Party attach its connecting
facility in any manner so as to cause voltage or its own dial
tone to occur on the other Party's network.
2.3.4. Coordination: Unless requested by CLC, no coordination is
provided. If CLC requests coordination, charges will be
applied as specified in Attachment 8. In addition, unless
otherwise agreed by CLC and PACIFIC, neither Party shall
access the network side of the other Party's NID unless the
owning Party's service technician is present, or unless the
owning Party has already made the necessary modifications to
isolate its network.
2.3.5. SNI Conversion: In all residential or small business locations
where a protector is used to connect to the end user customers
inside wire
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Attachment 6
instead of a SNI, at CLC's option, either the protector will
be replaced and a SNI installed or CLC will install its own
SNI and connect the customer's inside wire to the new SNI. If
CLC requests PACIFIC to install a new SNI, PACIFIC and CLC
agree that the placement of a SNI will benefit each Party, and
therefore the cost of installing the new SNI will be shared
equally by PACIFIC and CLC. The charges for new SNI
installation are specified in Attachment 8.
2.3.6. Connector Blocks: When connecting to a connector block, CLC
and PACIFIC will ensure that PACIFIC's jumpers will be
completely disconnected and not left hanging free so as to
cause potential interference with other facilities of CLC,
PACIFIC, or the end user customer.
2.3.7. Drops: Either Party shall be permitted to secure its drop
facility to its SNI by grounding same in an appropriate
manner. Upon disconnection of service to the end user
customer, either Party may leave its drop in place until
another LEC or CLC needs access to the NID to provide service
to the customer.
2.3.8. Gaining Access to the NID: The Parties each acknowledge and
agree that a special tool is necessary for access to PACIFIC's
side of the SNI. Neither Party shall attempt to access any
type of NID without the proper tool, and any Party accessing
the SNI, protector, connector block, or any other form of NID,
shall exercise reasonable care and sound technician practices
so as to avoid damage to the NID.
2.3.9. Tagging End User Customer Facilities: Upon request, PACIFIC
will dispatch a technician to tag the end user customer's
inside wire facilities on the customer's side of the NID. In
such cases, a dispatch charge shall apply, as specified in
Attachment 8.
2.3.10. Special Construction Charges: In the event any Special
Construction is required to implement this unbundled element
at any given location, Special Construction charges, as
defined in Attachment 1 and set forth in Attachment 8 may
apply.
2.4. Rates for the NID are specified in Attachment 8.
2.5. Implementation Schedule: PACIFIC will make unbundled NIDs available
no later than the date PACIFIC makes unbundled NIDs available to
another CLC or upon a date thereafter mutually agreed by the Parties.
3. Loops
3.1. General Terms and Conditions
3.1.1. The terms "Loops" and" Links" are synonymous.
3.1.2. Use and Suitability of Loop Service: Unbundled loops may not
be used to provide any service that would degrade or
otherwise adversely affect
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Attachment 6
PACIFIC's network services, e.g., introduce harmful voltages or
electrical currents in excess of standards used in common industry
practice.
3.1.3. Assigned Telephone Number: CLC, when not using PACIFIC's switching
capabilities, is responsible for assigning any telephone numbers
necessary to provide its end users with Exchange Service.
3.2. Types of Loops/Links
3.2.1. 2-Wire or 4-wire Analog Basic Link: This PACIFIC unbundled Network
Element is Plain Old Telephone (POTS) grade two-wire or 4-wire
circuit or equivalent voice frequency channel that supports analog
transmission of 300-3000 Hertz (Hz) with loss no greater than 8.0
db measured at 1004 Hz with 900 ohms at the central office POI and
600 ohms at the MPOE. In addition, coin supervision and ground
start signaling options are supported.
3.2.2. 2-Wire or 4-wire Analog (Assured) Link: The PACIFIC unbundled
Network Element (2-wire or 4 wire) is a voice frequency channel
that supports analog transmission of 300-3000 Hertz ("Hz") with
loss no greater than 5.5db measured at 1004 Hz with 900 ohms at the
central office POI and 600 ohms at the MPOE.
3.2.3. 2-Wire Digital (ISDN/xDSL Capable) Link: This PACIFIC unbundled
Network Element (2-wire) is an ISDN capable Link, which is an
upgrade to the Basic Link for the transmission of digital services
having no greater loss than 38db end-to-end, measured at 40,000 HZ
with 135 ohms at the central office POI and 135 ohms at the MPOE;
without loop repeaters, midspan repeaters may be required. This
Link will not have any load coils or bridge taps within limits
defined by the specification applicable to the ISDN/xDSL Links. In
addition, the ISDN Capable Link, without midspan repeaters, will be
used for Link requests to support xDSL type transmission rates.
3.2.4. 4-Wire Digital (1.544 mbps Capable) Link: This PACIFIC unbundled
Network Element (4-wire) is a 1.544 mbps capable Link which is an
upgrade to the Basic Link. It will be conditioned with or without
digital repeaters.
3.2.5. 2-Wire Copper DC Alarm Circuit Capable Link: This offering (2-wire
continuous copper loop from DF to MPOE, where facilities are
available) is a physical link which can be used to support alarm-
type Direct Current (DC) service offerings having no greater loss
than 7.0 db measured at 1004 Hz with 600 ohms at the central office
POI and 600 ohms at the MPOE, allowing for an additional 1.0 db
loss for any equipment placed by CLC at the MPOE. This Link may
have load coils and bridge taps will be within limits. This 2-wire
copper Link will work with most DC alarm circuits.
3.2.6. Wire SDS-56 Digital Connectivity Capable Link: This offering (2
wire continuous copper loop from DF to MPOE, where facilities are
available) is a physical link which can be used when digital
connectivity is required
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Attachment 6
to the customer's premise having no greater loss than 31 db
end-to-end, measured at 80,000 HZ with 135 ohms at the
central office POI and 135 ohms at the MPOE. This link will
not have any load coils and bridge taps will be within
limits.
3.3. Form of Access: Interconnection to loops will be at the central
office POI. Access to unbundled loops may occur in the following
manner:
3.3.1. By purchasing an EISCC to CLC's collocated equipment in the
same PACIFIC Central Office, or
3.3.2. By purchasing PACIFIC's unbundled transport service at rates
as specified in Attachment 8.
3.3.3. Combining Links and PACIFIC's LSNE. In addition to the
connections described above, CLC may combine PACIFIC's Links
with PACIFIC's LSNE.
3.3.4. Combining NID, Links and PACIFIC's LSNE. In addition to the
connections described above, CLC may combine PACIFIC's NID,
Links and LSNE.
3.4. Forecasts
For the first six months after CLC's first order for a Link, CLC
shall provide to PACIFIC forecasts of the number of Links at a LATA
level. Thereafter, CLC shall make a good faith effort to provide such
forecasts to PACIFIC at a wire center level. This includes associated
additional line ("ADL") requirements when PACIFIC's primary
residential POTS service is not to be disconnected in the
establishment of Link Service. CLC shall provide such forecasts to
PACIFIC on a semi-annual basis.
3.5. Implementation Schedule
3.5.1. 2-Wire Basic and 2-Wire Assured Link Service will be
available on an unbundled basis on the Effective Date from
all PACIFIC Wire Centers on a first-come, first-served basis,
applicable to all carriers, including PACIFIC, and subject to
the availability of PACIFIC's facilities and facilities at
the MPOE at the premise of the CLC end user customer.
However, certain of PACIFIC's geographical areas are
currently served solely via integrated digital loop carrier
("IDLC"). In such areas PACIFIC will make alternate
arrangements equal in quality to those used by PACIFIC, to
permit CLC to order a contiguous unbundled loop at no
additional cost to CLC. At PACIFIC's option, these
arrangements may include, but are not limited to, the
following: (i) provide CLC with copper facilities, or (ii)
universal digital loop carrier facilities that are acceptable
to CLC, or (iii) convert IDLCs to non-integrated systems,
3.5.2. Combination of PACIFIC's NID and its 2-Wire Basic/2-Wire
Assured Link Service will be available on the Effective Date.
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Attachment 6
3.5.3. Implementation of other Link products: 2-Wire Digital
(ISDN/xDSL Capable) Links, 4-Wire Digital (1.544 mbps
Capable) Links, 4-Wire Analog Basic Links, 4-Wire Analog
Assured Links and 2-Wire Copper Links will be available on
the date PACIFIC makes such unbundled Links available to
another CLC or upon a date thereafter mutually agreed by the
Parties; prior to this date, these facilities will be
installed on a case-by-case basis pursuant to the mutual
agreement of the Parties, provided the provisioning intervals
in Attachments 11 and 17 will not apply to these facilities
until the Parties agree on pre-ordering, ordering,
provisioning and maintenance for these facilities.
3.5.4. Implementation of Links combined with Local Switching Network
Element (LSNE) (Options A, B and C): Links may be combined
with LSNE simultaneously with the availability of the
particular LSNE Option pursuant to the LSNE implementation
schedule specified in this Attachment.
3.6. Rates for Loops are specified in Attachment 8. There will be no
separate charge for NID when CLC purchases an unbundled loop.
4. Unbundled Switching
4.1. Unbundled Local Switching Network Element (LSNE): PACIFIC shall make
available unbundled switching capacity, including dial tone, digit
reception, access to signaling, deployed AIN supporting capabilities,
and vertical features, with routing to interoffice trunks and
interoffice transport provided by PACIFIC or to designated trunk
groups specified and purchased by CLC. PACIFIC designates this
service "Local Switching Network Element" (LSNE). In purchasing LSNE,
CLC must obtain a line side port (including a telephone number and,
at CLC's option, a directory listing) for access to the switching
functions and vertical features provided by the switch, and some
designation of trunking for completion of calls, with the exception
of intra-switch calls. All intra-switch calls are completed using
PACIFIC's switch and no trunk designation is made for completion of
such calls.
4.1.1. Types of charges
4.1.1.1. Line Port charges are as set forth in Attachment 8.
4.1.1.2. Nothing in this Section 4 means that the vertical
features are included or excluded from the prices
for switching. The issue of the appropriate charges
for vertical features, if any, shall be as
specified in Attachment 8.
4.1.1.3. Any applicable directory assistance or operator
assistance charges are as set forth in Attachment
8.
4.1.1.4. Usage sensitive (per minute of use) local switching
charges are as set forth in Attachment 8 and
Attachment 18. Usage will be recorded in one second
increments. Usage seconds will be totaled for the
entire monthly xxxx and then rounded to the next
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Attachment 6
whole minute. Usage sensitive local switching
charges will be on a per minute of use basis and
applied to all originating and terminating traffic,
including, but not limited to local, toll, E911
calls, calls to time and weather announcements,
etc. PACIFIC will (where feasible) measure and
charge for all non-conversation time (e.g.,
ringing, calls to busy lines, intercept). Where
non-conversation time cannot be measured the
Parties will mutually agree on the appropriate
measure and charge. Where measurement of
terminating minutes to the LSNE is not possible,
the number of minutes billed for terminating usage
will be equal to the number of originating minutes.
The Parties will mutually agree on a method and
procedure to periodically sample and validate or
adjust the ratio of originating to terminating
minutes for billing purposes. At CLC's request, an
initial review will be concluded within six (6)
months of the initial in-service date for CLC's
LSNEs.
4.1.1.5. Charges for completion of interconnection traffic
(local and toll) shall be determined pursuant to
Attachment 18 at the rates set forth in Attachment
8.
4.1.2. Form of Line Port Access: Access to unbundled Local
Switching, as specified in Section 4.1.3 may occur in the
following manner:
4.1.2.1. LSNE Access, Cross-Connection Through Collocation:
From CLC's collocation space, CLC may purchase an
EISCC cross-connection to PACIFIC's line side Port
to obtain access to LSNE.
4.1.2.2. Combining Links and LSNE: CLC may combine Links and
PACIFIC's LSNE. Under this scenario, CLC shall not
be required to purchase a cross connection facility
from PACIFIC's central office distribution frame to
the line side port of the switch.
4.1.2.3. Combining Links, LSNE and Transport: CLC may
combine Links (with or without a NID), the LSNE,
and transport facilities, which can be dedicated,
shared or common transport from PACIFIC. Under this
scenario, CLC shall not be required to purchase any
cross-connection facility from PACIFIC.
4.1.3. Types of LSNE: PACIFIC will provide LSNE to CLC using routing
options A, B, and C, as described below in sections 4.1.3.1.
through 4.1.3.3. LSNEs will be provided with any available
end user-level routing functions in a particular switch. In
addition, PACIFIC will provide the switch-level routing
options described below. In a particular PACIFIC switch,
PACIFIC's current design for LSNE will permit CLC to select
one of the three options for all of its originating traffic
using LSNE in that switch.
4.1.3.1. Option A: PACIFIC-Provided Interoffice Transport
and PACIFIC-Provided Operator and Directory
Assistance Services: In this configuration, CLC
purchases a line Port and receives a telephone
number and directory listing, switching capacity,
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Attachment 6
switch features including deployed AIN supporting
capabilities and completion to PACIFIC's
interoffice trunks for all multiple-switch Local
Calls, calls to operator and directory assistance
services, E911, intraLATA toll calls and Switched
Access calls. In this configuration, intra-switch
calls are also provided through PACIFIC's switch.
PACIFIC will be solely responsible for design and
engineering of the trunks under this option. In
addition, PACIFIC will provide all O-, operator and
directory assistance services under this option.
PACIFIC's switching capacity will be programmed to
allow routing to and from CLC's line ports,
including operator and directory assistance calls,
to PACIFIC's network.
4.1.3.1.1. Rates: The charges set forth in
Section 4.1.1 shall apply.
4.1.3.2. Option B: PACIFIC-Provided Interoffice Transport
with Customized Routing-Simple and with Operator
and/or Directory Assistance (DA) Services Unbundled
from PACIFIC's Line Port Switching Capacity: In
this configuration, CLC purchases a Line Port and
receives a telephone number and a directory
listing, switching capacity, switch features
(including deployed AIN supporting capabilities)
and completion to PACIFIC's interoffice trunks for
all multiple-switch Local Calls, E911 calls,
intraLATA toll and Switched Access calls. In this
configuration, intra-switch calls are also provided
through PACIFIC's switch. With the exception of
trunks for operator and/or directory assistance
services, or both, PACIFIC will be solely
responsible for design and engineering of its
interoffice trunks. CLC will be required to order
separate trunks for operator services provided by
itself or a third party identified by CLC to
provide such services. Transport facilities may be
purchased from PACIFIC, or connected to CLC's
facilities through a collocation cage by obtaining
a cross connection from PACIFIC. CLC will be
responsible for design and engineering of the
operator and/or directory assistance trunks under
this option, and shall also be responsible for
designating the transport facilities it desires, if
any, from PACIFIC and the points where these
facilities shall terminate. In addition, CLC shall
be responsible for providing all operator and/or
directory assistance services. PACIFIC's switching
capacity will be programmed on a per-switch basis
to route all LSNE-originated calls to PACIFIC's
shared network, except operator and/or directory
assistance calls will be routed to the trunks
designated by CLC. In this configuration, the
following charges specified in Attachment 8 will
apply:
4.1.3.2.1. Rates: The charges set forth in
Section 4.1.1 above shall apply.
4.1.3.2.2. Non recurring switch programming
charges as specified in Attachment 8.
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Attachment 6
4.1.3.2.3. Trunk Port Cross Connect Charge (EISCC)
If CLC provides its own dedicated
transport to CLC designated DA
and/or operator platform, a cross-
connection charge from the
unbundled switch element to CLC's
designated collocation cage
located in the same office shall
apply at the rates set forth in
Attachment 8.
4.1.3.2.4. There will be no cross-connect charge
if CLC selects dedicated transport from
PACIFIC's intrastate Special Access
tariffs or PACIFIC's unbundled
dedicated transport tariff for
connection to CLC's designated POI.
4.1.3.3. Option C: Customized Routing - Complex for CLC
Traffic Using Routes Designated by CLC: This
option is customized routing for CLC traffic in the
manner designated by CLC, and it requires that
special customized routing programming be provided
by PACIFIC pursuant to CLC's instructions. This
option will include all of the features listed in
Options A and B. However, with this Option, CLC may
direct all LSNE-originated traffic on a dialed NPA-
NXX basis to a trunk port other than the standard
used for PACIFIC's routing. In this configuration,
CLC obtains one or more line ports and receives a
telephone number and directory listing, switching
capacity, switch features, including deployed AIN
supporting capabilities, and transport, that will
permit the completion of multiple-switch Local
Calls, calls to either operator or directory
assistance services, or both, E911 calls, intraLATA
toll calls, and Switched Access calls. In this
configuration, intra-switch calls will be provided
through PACIFIC's switch. Inter-switch calls will
be provided from either shared or designated common
or dedicated transport facilities. CLC will be
solely responsible for design and engineering of
any dedicated transport under this option. PACIFIC
will be solely responsible for design and
engineering of any PACIFIC-provided shared or
common transport used under this option. Dedicated
transport may be purchased from PACIFIC or CLC may
provide its own. In this configuration, the
following charges will apply:
4.1.3.3.1. Rates: The charges set forth in
Section 4.1.3.2. shall apply.
4.1.4. Forecasts
4.1.4.1. For the first six months after CLC's first order
for LSNE, CLC shall provide to PACIFIC forecasts of
the number of such LSNE arrangements at a LATA
level. Thereafter, CLC shall make a good faith
effort to provide such forecasts to PACIFIC at a
wire center level. CLC shall provide such forecasts
to PACIFIC on a semi-annual basis.
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Attachment 6
4.1.5. Implementation Schedule
4.1.5.1. Subject to technical feasibility and order interval
requirements, PACIFIC will make Option A available on the
date PACIFIC makes Option A available to another CLC or
upon a date thereafter mutually agreed by the Parties.
PACIFIC will deploy Option A within 45 days after CLC's
order for a particular switch, provided that CLC places
orders for no more than fifty (50) switches for Option A
in any thirty day period.
4.1.5.2. Subject to technical feasibility and order interval
requirements, PACIFIC will make Option B available on the
date PACIFIC makes Option B available to another CLC or
upon a date thereafter mutually agreed by the Parties.
Deployment of Option B will be on a project specific basis
as mutually agreed by the Parties.
4.1.5.3. Option C: The Parties will confer in an effort to define
CLC's custom routing requirements and find a solution
endorsed by the switch suppliers, which can be implemented
by PACIFIC to provide the customized routing
configurations specified by CLC within a mutually agreed
time frame. Deployment will be on a project-specific basis
as mutually agreed by the Parties. In the event the
Parties are unable to agree on a solution within 45 days
of CLC's initial request for Option C, the Parties shall
submit any dispute to Alternative Dispute Resolution as
set forth in Attachment 3.
4.1.5.4. PACIFIC will make direct routing of operator and directory
assistance as specified in Section 4.3 of Attachment 5
available on the date it is made available to another CLC
or upon a date thereafter mutually agreed by the Parties.
Deployment will be on a project specific basis as mutually
agreed by the Parties.
4.2. Tandem Switching
4.2.1. General Description and Specifications of the Unbundled Element:
PACIFIC will provide, subject to the terms and conditions specified
herein, the following unbundled tandem switching:
4.2.1.1. Standard Tandem Switching: Tandem switching allows use of
the tandem switch itself for the transmission of calls
between two switches connected to that tandem, without any
customized routing. As described in Attachment 18,
PACIFIC's unbundled tandem switching will permit access to
the tandem switch to originate a call to, or terminate a
call from, a CLC to a PACIFIC end office, another LEC,
Wireless Service Provider, or another switch, using the
normal routing established in PACIFIC's tandem.
4.2.2. Forecasts
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Attachment 6
For the first six months after CLC's first order for Tandem
Switching, CLC shall provide to PACIFIC forecasts of the number of
such Tandem Switching arrangements at a LATA level. Thereafter, CLC
shall make a good faith effort to provide such forecasts to PACIFIC
at a wire center level. CLC shall provide such forecasts to PACIFIC
on a semi-annual basis.
4.2.3. Implementation Schedule
4.2.3.1. Standard Tandem Switching as described herein and in
Attachment 18 will be available on the date it is made
available to another CLC or upon a date thereafter
mutually agreed by the Parties.
4.2.4. Tandem switching rates are as specified in Attachment 8.
5. Unbundled Interoffice Transmission Facilities (Transport)
5.1. General Description and Specifications of the Unbundled Element
Transport: PACIFIC will make available, subject to the terms and
conditions specified herein, the following unbundled transport
facilities:
5.1.1. Entrance Facilities: PACIFIC will make available the following
entrance facilities, pursuant to the charges set forth in
Attachment 8, upon request of CLC:
5.1.1.1. Connections between PACIFIC's Wire Center that serves a
CLC switch and the CLC switch.
5.1.1.2. Connections between PACIFIC's serving wire center and the
point of presence of CLC's IXC switch.
5.1.2. Dedicated Transport: Is an interoffice transmission path between
CLC designated locations. Such locations may include PACIFIC
central offices or other equipment locations, CLC network
components, other carrier network components or customer premises.
Digital CrossConnect System (DCS) functionality is available as an
option which can be used in connection with Dedicated Transport.
PACIFIC will make available the following dedicated connections,
upon request of CLC:
5.1.2.1. Connections between PACIFIC Wire Centers;
5.1.2.2. Connections between a PACIFIC central office and a PACIFIC
EISCC to a CLC collocation space located in a distant
PACIFIC Wire Center.
5.1.3. Common Transport: Common transport will be available between a
subtending end office and PACIFIC's Tandem Switch.
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Attachment 6
5.1.4. Shared Interoffice Transport: Shared transport will only be
available where CLC purchases LSNE. Shared transport provides call
completion from a PACIFIC end office where LSNE is purchased and
the terminating PACIFIC end office or POI where the call leaves
PACIFIC's network.
5.1.4.1. Use of the tandem is included in the Shared Interoffice
Transport charges set forth in Attachment 8.
5.2. Form of Access
5.2.1. Entrance Facilities: CLC may order Entrance Facilities from EISCC,
USCC, unbundled Switch Trunk Ports, or Dedicated Transport.
5.2.2. Dedicated Transport: CLC may order dedicated transport from the
EISCC, USCC, unbundled Switch Trunk Ports, or Entrance Facilities.
5.2.3. Common Transport: Access to common transport will be available
through interconnection at the access tandem.
5.2.4. Shared Interoffice Transport: Access to shared transport will only
be available where CLC purchases LSNE. The Parties acknowledge that
there is no physical shared transport to unbundle between PACIFIC's
End Office Switches and PACIFIC's end offices and tandem switches,
and CLC's interest is in the shared use of transport between
PACIFIC's switches and the associated underlying performance
characteristics. PACIFIC will make available to CLC shared
transport as currently implemented within PACIFIC's interoffice
network. PACIFIC will engineer, provision and maintain such shared
interoffice transport facilities and equipment under existing
methods and procedures.
5.2.5. Use of DCS
5.2.5.1. PACIFIC will make available the use of unbundled DCS
equipment, in the same manner as it is available to all
IECs. When unbundled DCS is provided with unbundled
transport as a combination, it shall be available on the
date PACIFIC makes it available to another CLC or upon a
date thereafter mutually agreed by the Parties.
5.2.6. CLC may connect Links at PACIFIC's MDF to unbundled transport
through multiplexing, e.g., D4 channel bank, DCS or Unbundled
Services Cross Connect (USCC).
5.3. General Terms and Conditions
5.3.1. For dedicated transport, PACIFIC will provide transport unbundled
from switching and other services. Such transport services will
allow CLC to send individual or multiplexed switched and dedicated
services between PACIFIC's Wire Centers.
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Attachment 6
5.3.2. Dedicated transport will be available with the following
functionality or optional services:
5.3.2.1. Protection and restoration of equipment and
interfaces at parity with levels PACIFIC maintains
for its own transport facilities;
5.3.2.2. Compliance with Bellcore and industry standards to
the extent implemented in PACIFIC's transport
network;
5.3.2.3. Redundant power supply or battery back-up to the
extent implemented in PACIFIC's transport network;
5.3.2.4. Provisioning and maintenance performed to the same
extent such provisioning and maintenance is
performed on PACIFIC's own transport network.
5.3.3. Where deployed, PACIFIC will make available interoffice
transport services capable of interfacing on copper, coaxial
cable, and optical fiber facilities. Consistent with current
bundled offerings, the interoffice transport services will be
capable of handling transmission rates ranging from voice
grade up through Optical Carrier ("OC")-48.
5.3.4. Transmission Levels: Where deployed, PACIFIC will make
dedicated transport available at the following speeds: DS0,
DS1, DS3, and commercially available Optical Carrier levels
(e.g., OC-3/12/48/n).
5.4. Forecasts
5.4.1. For the first six months after CLC's first order for
Unbundled Transport, CLC shall provide to PACIFIC forecasts
of the number of such Unbundled Transport arrangements at a
LATA level. Thereafter, CLC shall make a good faith effort to
provide such forecasts to PACIFIC at a wire center level. CLC
shall provide such forecasts to PACIFIC on a semi-annual
basis.
5.5. Implementation Schedule: Unbundled transport will be available on the
date PACIFIC makes it available to another CLC or upon a date
thereafter mutually agreed by the Parties, except that unbundled
transport combined with LSNE will be available simultaneously with
the availability of the particular LSNE Option pursuant to the LSNE
implementation schedule specified in this Attachment.
5.6. Rates: Rates for transport are specified in Attachment 8.
6. Signaling And Databases
6.1. Signaling Networks
6.1.1. General Description and Specifications of the Unbundled
Element: As described in this section, PACIFIC will make
available interconnection to its SS7 signaling network to
enable signaling necessary for call routing
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Attachment 6
and completion. PACIFIC will also make available unbundled
nondiscriminatory access to SS7 signaling links and PACIFIC's
Signaling Transfer Points (STPs).
6.2. Form of Access and General Terms and Conditions
6.2.1. The Parties will interconnect their networks using SS7
signaling protocol as defined in PUB L-780023-PB/NB, Issue 3
or later for trunk signaling.
6.2.2. CLC may establish CCS interconnections with PACIFIC either
directly or through a third party. CCS interconnection,
whether direct or by third party, shall be pursuant to the
PACIFIC Xxxx/Nevada Xxxx CCS network interface specification
document PUB L-780023-PB/NB, which will be updated to include
interconnection interface specifications for unbundled
signaling links and access to PACIFIC's STPS. The Parties
will cooperate in the exchange of ISUP and Transaction
Capabilities Application Part (TCAP) messages to facilitate
full interoperability of CCS-based features between their
respective networks, including all CLASS features and
functions, to the extent each Party offers such features and
functions to its own end users.
6.2.3. PACIFIC's current CCS/SS7 interconnect questionnaire will be
revised to facilitate the exchange of routing and network
architecture information between the Parties to provision
unbundled signaling links and STP access. Both Parties will
provide all SS7 signaling parameters, including Calling Party
Number (CPN), and procedures that are implemented within both
Parties' SS7 network and communicate relevant signaling
information via the CCS/SS7 Interconnect questionnaire
provided by PACIFIC's CLC account team. All privacy
indicators of the Parties will be honored. Also, CLC will
provide their SS7 network node, address information and
identify the SS7 services they request using the SS7
questionnaire.
6.2.4. PACIFIC will make available to CLC PACIFIC's signaling links
at 56 Kbps or at 1.5 Mbps if available, in compliance with
PUB L-780023PB/NB, Issue 3 or later and access to PACIFIC's
STPs or access to PACIFIC's STPs with CLC-provided signaling
links to provide capability to support call set-up and to
support CCS-based features being provided on the effective
date of this Agreement.
6.2.5. PACIFIC will provide CLC with access through PACIFIC's STPs
to the following elements connected to PACIFIC's SS7 network:
(1) PACIFIC's SS7-capable end offices and Access Tandem
Switches; (2) third-party CLC switches; (3) third-party CLC
STPS, if the third-party CLC and PACIFIC have direct or
indirect STP-to-STP interconnection; and (4) PACIFIC will
provide CLC signaling links and/or access to PACIFIC's STPs
for signaling between CLC's switches or between CLC and
third-party switches (including unbundled switching elements)
when CLC's and/or third-party's switches are interconnected
to PACIFIC's SS7 signaling network.
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Attachment 6
6.2.6. At CLC's option, CLC may connect its switches to PACIFIC's
STPs by means of "A" link access and may connect CLC STPs to
PACIFIC's STPs by means of "D" link access. PACIFIC will
designate the STP pair for interconnection, and CLC will then
designate the Signaling Point of Interconnection ("SPOI")
within the STP pair.
6.2.7. All "A" links provided by PACIFIC or CLC will consist of two
link sets, and "D" links will consist of four link sets.
6.2.8. CLC's SS7 links will be interconnected to PACIFIC's STPs in
the manner specified within PUB L-780023-PB/NB, Issue 3 or
later. When CLC connects its links to PACIFIC's STP, a port
charge will apply as specified in Attachment 8; provided,
when CLC provides its own links it must access PACIFIC's STP
port through a collocation cage.
6.2.9. PACIFIC will provide to CLC all the signaling link functions,
and all the Signaling Connection Control Part ("SCCP")
functions that are deployed in PACIFIC's SS7 network.
6.3. Implementation Schedule and Rates: SS7 STP interconnection is
available in PACIFIC access tariffs today.
6.3.1. Implementation will include testing consistent with industry
standards. Testing of SS7 interconnection shall include
completion of all tests described in PACIFIC's CCS Network
Interconnection Testing documents and defined by the
Internetwork Interoperability Test Plan (IITP). These tests
shall serve as the minimum amount of testing required to
ensure successful signaling network internet working.
6.3.2. Signaling link and/or signaling Port charges are listed in
Attachment 8.
6.4. Call-Related Databases
6.4.1. Toll Free Service Database (800/888)
6.4.2. General Description and Specifications of the Unbundled
Element PACIFIC will provide access to its 800/888 database
if CLC requests such access from PACIFIC as described below.
6.4.3. Form of Access
6.4.3.1. CLC's query access to PACIFIC's Toll Free Service
database (800/888) will be via interconnection at
PACIFIC's Regional or local STPs consistent with
existing network interface specifications. At CLC's
option, CLC may also direct 800/888 queries via its
Meet Point trunking arrangement as described in
Attachment 18. Specific terms for routing such Toll
Free Services are addressed in Attachment 18.
6.4.4. Implementation Schedule: Query access to 800/888 is
available today in PACIFIC's access tariffs.
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Attachment 6
6.4.5. Rates: The toll free service (800/888) database query
rate(s) as specified in Attachment 8. They will be applied
when CLC is the intraLATA service provider for the Toll Free
Service customer.
6.5. Line Information Databases ("LIDB")
6.5.1. General Description and Specifications of the Unbundled
Element: PACIFIC will provide access to LIDB through
interconnection at the STP. LIDB Service is provided by
PACIFIC to support alternate billing services. LIDB provides
access to billing validation data (calling card and billed
number screening) which resides in PACIFIC's LIDB database
for use with alternate billing services, such as Calling
Card, Collect Calls, and Third Number Billing. LIDB will
receive and respond to American National Standards Institute
Signaling System 7 protocol queries as defined in Bellcore
publication TR-TSV-000905, and PACIFIC publication PUB
L-780023 PB/NB, Issue 3 or later.
6.5.2. At this time, PACIFIC has not implemented other LIDB features
such as Calling Name. If PACIFIC offers Customer Name Address
Message (CNAM) capability, PACIFIC will offer this service to
CLC.
6.5.3. Form of Access:
6.5.3.1. CLC's query access to PACIFIC's LIDB database will
be via interconnection at PACIFIC's Regional or
Local STPs consistent with existing network
interface specifications.
6.5.3.2. If CLC uses PACIFIC's LIDB, CLC will send queries
to LIDB from an Operator Service System (OSS).
6.5.4. Implementation Schedule: Query access to LIDB will be
available as of the Effective Date of this Agreement.
6.5.5. Rates: LIDB rates are as specified in Attachment 8.
6.6. Advanced Intelligent Network Databases ("AIN")
6.6.1. General Description and Specifications of the Unbundled
Element: CLC may purchase the entire set of Advanced
Intelligent Network ("AIN") features or functions, or any one
or any combination of such features or functions, on a
customer-specific basis. PACIFIC will provide CLC with query
access to AIN databases for AIN-supported services provided
via either PACIFIC's or CLC's switch. PACIFIC will provide
CLC access to PACIFIC's end office triggers when CLC
purchases PACIFIC's LSNE and any available AIN services. AlN
database access may not be used to access other PACIFIC
databases.
6.6.2. Form of Access: CLC's query access to PACIFIC's AIN SCPs will
be via interconnection at PACIFIC's regional or local STPs
consistent with existing network interface specifications and
using messages conforming with Bellcore's Technical Reference
TR-NWT-001285. The requirements
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Attachment 6
for these messages may be modified by AIN access mediation
(specifications not yet available).
6.6.3. General Terms and Conditions: PACIFIC will require access
mediation to prevent unauthorized changes or access to data
resident in its AIN database. Such access mediation will also
provide network management functions to prevent CLC traffic
overloads from interfering with PACIFIC's AIN SCP operation.
6.6.4. Implementation Schedule for Query Access to AIN Using
PACIFIC's Resold Basic Exchange Service Or PACIFIC's LSNE:
PACIFIC will make available such unbundled query access to AIN
upon the same date it is made available to another CLC or upon
a date thereafter mutually agreed by the Parties.
Implementation will include testing consistent with standards
applicable to this database.
6.6.5. Implementation Schedule for Query Access to AIN Using CLC's
Switch Through PACIFIC's STP: Implementation of query access
to AIN using CLC's switch through PACIFIC's STP requires
special work specific to each request, and therefore
implementation shall occur on a case-bycase basis.
6.6.6. AIN rates are as specified in Attachment 8.
7. Service Management System ("SMS")
---------------------------------
7.1. SMS For LIDB
------------
7.1.1. General Description and Specifications of the Unbundled
Element: PACIFIC will provide access to the Service
Management System for LIDB, referred to as the LIDB
Administrative System (LIDB/AS) if CLC requests such access.
Access to LIDB/AS will allow CLC to create, modify, update or
delete the end user line information in PACIFIC's LIDB
database. For a CLC end user, line information includes
telephone number and pre-assigned calling card PIN and billed
number screening data (collect and third number billing
indicators). PACIFIC's LIDB updates are processed continuously
through service order input to LIDB/AS, which then updates
LIDB.
7.1.2. Form of Access
--------------
7.1.2.1. PACIFIC will provide access to LIDB/AS in a manner
equivalent to how access is provided to PACIFIC
itself. CLC shall have the ability to create,
modify, update, or delete information in LIDB
through service order processing, generated through
PACIFIC's Local Interconnection Service Center
(LISC) or electronic service order entry.
7.1.2.2. In the event CLC requires an emergency update to its
end user line information in the LIDB database, CLC
will be directed to PACIFIC's Data Base
Administration Center (DBAC) to process
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Attachment 6
this request. The DBAC organization provides
administrative support into LIDB/AS for PACIFIC's
business office organizations. This is the same process
used today by PACIFIC service representatives to
initiate emergency updates to LIDB.
7.1.3. General Terms and Conditions
7.1.3.1. PACIFIC will process CLC service order updates to
LIDB/AS in the same manner and time frames that such
updates are processed for PACIFIC itself.
7.1.3.2. PACIFIC shall use the end user line information of a
CLC subscriber only to update and maintain LIDB and not
for any other purpose.
7.1.3.3. CLC may create, update, modify, or delete end user line
information of its own subscribers through the issuance
of service order activity. CLC shall not create,
update, modify, or delete end user line information of
other carriers' end users.
7.1.3.4. PACIFIC and CLC will comply with the Privacy of
Customer Information requirements of Section 222 of the
Act, with respect to information obtained as a result
of access to call related databases and associated SMSs
described in this Agreement.
7.1.4. Implementation Schedule
7.1.4.1. CLC may currently update end user line information in
LIDB/AS through the service order process. PACIFIC will
make available the capability to allow provisioning and
changes to preassigned Personal Identification Number
(PIN) upon the same date it is made available to
another CLC or upon a date thereafter mutually agreed
by the Parties.
7.1.5. Rates: The SMS for LIDB is included in the LIDB query rate
specified in Attachment 8.
7.2. SMS For AIN
7.2.1. General Description and Specifications of the Unbundled Element
7.2.1.1. This product will allow CLC to update AIN service data
residing in PACIFIC's AIN network for use on CLC lines.
7.2.2. Form of Access
7.2.2.1. Access to AIN Service management will be provided via
electronic file transfer of CLC data to PACIFIC for
entry by PACIFIC at one of PACIFIC's AIN administrative
terminals as is
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Attachment 6
currently used by PACIFIC for maintenance of AIN
service and subscriber data.
7.2.3. Rates: The SMS query charge is specified in Attachment 8.
7.3. Access to the Service Creation Environment ("SCE") of the AIN Database
----------------------------------------------------------------------
7.3.1. General Description and Specifications of the Unbundled Element
---------------------------------------------------------------
7.3.1.1. PACIFIC will provide CLC with access to PACIFIC's AIN
Service Creation Environment ("SCE") for the creation
and modification of AIN services. All AIN services will
require testing in PACIFIC's AIN laboratory prior to
deployment into the network. Testing will evaluate
compatibility with PACIFIC's network nodes, interaction
with other AIN, 800/888, LIDB, and other switch-based
features, and appropriate use of network resources.
7.3.2. Form of Access: CLC may choose among the following forms of
---------------
access:
7.3.2.1. Under Option 1, CLC provides PACIFIC with documentation
and logic design for the desired service. PACIFIC Xxxx
personnel will operate the AIN SCE terminal to create
the service as described by CLC.
7.3.2.2. Under Option 2, CLC personnel will operate PACIFIC's
SCE terminals themselves.
7.3.2.3. Under Option 3, CLC will develop service logic using
CLC's Bellcore SPACE platform and will transfer the
file to PACIFIC for testing and deployment.
7.3.3. General Terms and Conditions
----------------------------
7.3.3.1. In all options described above, newly created or
modified services will be transferred to the AIN
laboratory for testing prior to deployment into the
network using the same tests currently performed on
PACIFIC's AIN services.
7.3.4. Implementation Schedule for SCE
-------------------------------
7.3.4.1. PACIFIC will make Option 1 available on the same date
it is made available to another CLC or upon a date
thereafter mutually agreed by the Parties.
7.3.4.2. PACIFIC will make Option 2 available when partitioning
of PACIFIC's SCE is available.
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Attachment 6
7.3.4.3. PACIFIC will make Option 3 available on the same
date it is made available to another CLC or upon a
date thereafter mutually agreed by the Parties.
7.3.5. Rates: Rates for all Options shall be as specified in
Attachment 8.
8. Operator Assistance
-------------------
8.1. General Description and Specifications of the Unbundled Element
---------------------------------------------------------------
8.1.1. Unbundled operator services allows CLC to offer intraLATA
operator assistance services to its end user customers using
PACIFIC's operators on an unbundled basis.
8.1.2. PACIFIC operator assistance provides the calling party with
general assistance, assistance in completing intraLATA calls,
and a means to alternately xxxx calls by dialing 0- or O+, as
follows:
8.1.2.1. IntraLATA call completion services include station-
to-station, person-to-person, connection to DA,
dialing assistance for trouble conditions, and
transfers or referrals to repair services;
8.1.2.2. Alternate billing services include station collect,
station billed to third number, station calling
card, person collect, person billed to third number,
and person calling card.
8.1.2.3. General assistance calls include general assistance
time and area code requests), dialing instructions,
e.g., Busy Line Verification, Busy Line Interrupt,
credit requests (wrong number, etc.), emergency
assistance, disabled customer assistance, IXC
requests (customer will be referred to "00"), and
language assistance in Spanish.
8.1.3. Branding: Whenever PACIFIC provides operator services on
behalf of CLC, at CLC's option, PACIFIC will brand the call as
a CLC call, where technically feasible. Where not technically
feasible, such calls will be unbranded.
8.2. Form of Access
--------------
8.2.1. Trunking: If CLC purchases the operator services unbundled
element, CLC may either provision its own trunk group or order
unbundled dedicated operator services trunks from PACIFIC Xxxx
to connect directly from an end office(s) to PACIFIC's DMS 200
TOPS switch. These dedicated one-way trunk groups will conform
to modified operator services signaling ("XXXX") or exchange
access operator services signaling ("EAOSS").
8.2.1.1. and "O+" Access If CLC purchases the operator
services unbundled element, PACIFIC will permit
CLC's local exchange
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Attachment 6
customers to connect to PACIFIC's operator services by
dialing "O," or "O" plus the desired intraLATA
telephone number.
8.2.2. On CLC to TOPS trunk group, PACIFIC will complete intraLATA
O-, O+, and 1+ coin dialed traffic only.
8.2.3. With ANI 07 and ANI 06 signaling, PACIFIC will perform all
necessary switch translations in the DMS 200 TOPS switch in
order to provide billing restrictions. Call screening and
billing restrictions are provided by using Automatic Number
Identification (ANI) and screening codes. CLC must provide
timely screening data updates using operator services screen
code assignment list.
8.2.4. PACIFIC will access PACIFIC's LIDB for CLC's customers on an
as-needed basis to obtain:
8.2.4.l. Billing telephone number;
8.2.4.2. associated billing restrictions using PACIFIC's
screen code categories; and
8.2.4.3. adds, deletes, and changes.
8.2.5. Switching and Signaling
-----------------------
8.2.5.1. XXXX or EAOSS signaling are required. Documents
providing the signaling interface between a CLC EO
and PACIFIC's TOPS are found in TR144 and TR506.
8.2.5.2. Where XXXX is selected, CLC must order separate
trunk groups for each NPA served.
8.2.5.3. CLC must have a point of presence ("POP") within
each LATA where it interconnects with PACIFIC's DMS
200 for operator services
8.2.5.4. In LATAs 722, 724, and 730, CLC may select any of
PACIFIC's DMS 200 TOPS switches for interconnection
in that LATA for operator services.
8.2.6. Billing records will be recorded at the TOPS switch and
billing detail will be passed to CABS. Detailed billing
records will be passed to CLC for end user billing.
8.2.6.l. AMA billing will be created at the selected DMS 200
TOPS switch. These records will be created in
Expanded Bellcore AMA Format ("EBAF") Phase 2.
8.2.6.2. Billing will be based on operator work seconds as
specified in Attachment 8.
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Attachment 6
8.2.7. For customer rate quote requests, PACIFIC's operators will
provide rating information if CLC concurs with PACIFIC's
rates; if CLC does not concur in PACIFIC's rates, and the
Parties have not otherwise agreed, rate quote requests will be
handled per Section 4.3.1.3 of Attachment 5.
8.3. General Terms and Conditions
----------------------------
8.3.1. If CLC purchases the operator services unbundled element,
PACIFIC will provide CLC nondiscriminatory access to PACIFIC's
operator services. The service level, including any dialing
delays, of the unbundled operator service provided to CLC
shall be at parity with the operator service provided by
PACIFIC to its own customers.
8.3.2. BLV and BLVI: PACIFIC will offer operator-to-operator BLV and
BLVI to CLC on a nondiscriminatory basis, in accordance with
LERG instructions. PACIFIC's operator services platform
requires that a BLV/BLVI network be established between
PACIFIC and CLC.
8.3.3. Operator-Assisted Calls to DA ("OADA"). PACIFIC will offer
OADA to CLC on a nondiscriminatory basis. OADA refers to the
situation in which a customer dials "O" and asks the operator
for DA; in such situations, the customer is automatically
transferred to a DA operator. In providing OADA to CLC,
PACIFIC will connect CLC's end user customer to PACIFIC's DA
operators, and PACIFIC will charge CLC as specified in
Attachment 8.
8.3.4. PACIFIC shall not be obligated, under any circumstances, to
provide call handling methods or credit card or other
alternate billing arrangements that are different from those
PACIFIC provides to itself or its affiliates.
8.3.5. PACIFIC shall have no duty, apart from factors within
PACIFIC's control, to ensure that CLC's customers can in fact
access PACIFIC's operator services.
8.4. Forecasts
---------
8.4.1. For the first six months after CLC's first order for Unbundled
Operator Services, CLC shall provide to PACIFIC forecasts of
the number of such Unbundled Operator Service arrangements at
a LATA level. Thereafter, CLC shall make a good faith effort
to provide such forecasts to PACIFIC at a wire center level.
CLC shall provide such forecasts to PACIFIC on a semi-annual
basis.
8.5. Implementation Schedule
-----------------------
8.5.1. PACIFIC will make available, and CLC may order, unbundled
operator services on the same date it is made available to
another CLC or upon a date thereafter mutually agreed by the
Parties.
8.6. Rates: The rates for operator services are as specified in Attachment
8.
Page 24
Attachment 6
9. Directory Assistance Services
-----------------------------
9.1. General Description and Specifications of the Unbundled Element
---------------------------------------------------------------
9.1.1. PACIFIC's unbundled Directory Assistance Service provides
unbundled Directory Assistance ("DA") services to CLC by
utilizing PACIFIC's DA database. This service includes
PACIFIC's listed customers and listings supplied to PACIFIC
for DA use by other carriers. This DA service shall be
provided at parity with PACIFIC DA service and will utilize
the same Directory Listing source of information as PACIFIC
uses for its own DA service. PACIFIC's unbundled DA has the
following service attributes:
9.1.1.1. Database and retrieval system for PACIFIC's DA
operator use;
9.1.1.2. Retrieval of listed telephone number and address
information for residence, business, and government
listings, requested by locality and name, or a
report that the number is not available;
9.1.1.3. Up to three search requests per call;
9.1.1.4. Area code information for the United States and
Canada;
9.1.1.5. Exchange locality information for California;
9.1.1.6. Use of Automated Response Unit for number quotation;
9.1.1.7. Express Call Completion at parity with what PACIFIC
provides for itself or its affiliates.
9.1.1.8. PACIFIC's DA is available on a statewide basis
(throughout California) or by individual NPA.
9.1.1.9. PACIFIC's DA provides telephone numbers and address
information within the State of California only.
9.1.2. Nondiscriminatory Access to Directory Listings
----------------------------------------------
9.1.2.1. PACIFIC shall provide to CLC, within thirty (30)
days after the Effective Date, all directory listing
data for DA applications, and shall update such data
upon request by CLC. CLC shall pay PACIFIC for the
cost of the transfer media (magnetic tape), plus
PACIFIC's reasonable costs for preparation and
shipping of the magnetic tape. The Directory Listing
data used by PACIFIC, and provided to CLC, does not
include PACIFIC's unlisted customer names or
unlisted customer telephone numbers. Provision of
PACIFIC's directory listing data is limited to use
by CLC or its agents for provision of directory
assistance services.
9.2. Form of Access
--------------
Page 25
Attachment 6
9.2.1. Access to Unbundled DA Services: PACIFIC will provide CLC
nondiscriminatory access to PACIFIC's DA Services. The service
level, including any answer delays, of the Unbundled DA
Service provided to CLC shall be at parity with the DA Service
provided by PACIFIC to its own customers.
9.2.2. Trunking: Access to PACIFIC's DA may be provided either
through PACIFIC's access tandem as described in Attachment 18,
or by dedicated trunking from CLC end-office and routed to the
appropriate DA switch. Where CLC uses trunking from a CLC end
office to PACIFIC's access tandem, using local interconnection
trunks at PACIFIC's tandem, CLC must convert all "411" dialed
calls to NPA 555-1212 prior to delivery to the tandem as shown
in the LERG.
9.2.3. Transport: If CLC has purchased PACIFIC's unbundled DA
Services element, directory transport may, at the option of
CLC, be provided from where the Home NPA access tandem is, or
from an access tandem mutually negotiated with CLC. PACIFIC
will not provide transport across LATA boundaries.
9.3. General Terms and Conditions
----------------------------
9.3.1. Branding: Whenever PACIFIC provides DA services on behalf of
CLC directly between CLC's central office and PACIFIC's
digital DA switch, at CLC's option, PACIFIC will brand the
call as a CLC call, where technically feasible. Where not
technically feasible, such calls will be unbranded.
9.3.2. Unlisted Information: If CLC has purchased PACIFIC's
unbundled DA Services element, PACIFIC emergency operators
will provide emergency assistance regarding unlisted customers
on an equal basis as PACIFIC does to its customers.
9.3.3. Nothing in this Agreement implies that PACIFIC will provide
CLC access to PACIFIC's customers' unlisted telephone numbers.
9.3.4. Confidentiality of CLC's DA and Non-Published Listings:
PACIFIC will accord CLC's DA and Non-Published listing
information the same level of confidentiality that PACIFIC
accords its own DA and Non-Published listing information.
9.3.5. DA Call Completion Service: In conjunction with the provision
of unbundled DA service to CLC, PACIFIC will provide DA Call
Completion Service (which is comparable in every way to the DA
Call Completion Service PACIFIC makes available to its own end
users) in those areas where DA Call Completion Service is
generally available and where facilities permit.
9.3.6. If CLC purchases PACIFIC's unbundled DA Services element,
PACIFIC's contact with CLC's end user customers shall be
limited to that effort required to process CLC's end user
customers' requests for DA
Page 26
Attachment 6
services. PACIFIC will not transfer, forward, or redial a
CLC's end user customer's call to any other location for any
purpose other than the provision of DA to the customer.
9.3.7. CLC DA service quality will be equal to that which PACIFIC
provides to its own DA customers.
9.3.8. Billing
-------
9.3.8.1. Billing will be handled by CABS.
9.3.8.2. CLC shall be responsible for billing its end users
for this service. All PACIFIC bills to CLC for DA
will reflect a per-call charge and the applicable
transport charges. See Attachment 14 for provision
of customer usage data.
9.3.8.3. PACIFIC will not credit CLC for customer requests
that are not found in the DA database.
9.3.8.4. All DA calls will be billable to CLC, except as
specifically mentioned herein.
9.4. Forecasts
---------
9.4.1. For the first six months after CLC's first order for
Unbundled Directory Assistance, CLC shall provide to PACIFIC
forecasts of the number of such Unbundled Directory Service
arrangements at a LATA level. Thereafter, CLC shall make a
good faith effort to provide such forecasts to PACIFIC at a
wire center level. CLC shall provide such forecasts to
PACIFIC on a semi-annual basis.
9.5. Implementation Schedule: Unbundled DA services will be available, and
CLC may order them, upon the same date they are made available to
another CLC or upon a date thereafter mutually agreed by the Parties.
Unbundled directory listings specified in Section 9.1.2 are available
on the Effective Date of this Agreement.
9.6. Rates: Directory services are as specified in Attachment 8.
10. Operating Support Systems
-------------------------
10.1. General Terms and Conditions
----------------------------
10.1.1. PACIFIC will provide unbundled access to its Operating
Support Systems (OSS) consistent with the requirements of
the Act, and implementing regulations, this Agreement and
its applicable Attachments.
10.1.2. The specific requirements for OSS are found in Attachments
5, 11, 12, 13 and 14.
Page 27
Attachment 6
10.2. Implementation Schedule: PACIFIC will make OSS available pursuant to
the schedule set forth in Attachments 5, 11, 12, 13 and 14.
10.3. Rates: OSS rates are as specified in Attachment 8.
11. Standards For Network Elements
------------------------------
11.1. If one or more of the requirements set forth in this Agreement are
in conflict, CLC shall elect which requirement shall apply.
11.2. Each Network Element and the interconnections between Network
Elements provided by PACIFIC to CLC shall be at least equal in the
quality of design, performance, features, functions and other
characteristics, including but not limited to levels and types of
redundant equipment and facilities for power, diversity and
security, that PACIFIC provides in PACIFIC network to itself,
PACIFiC's own customers, to a PACIFIC affiliate or to any other
entity.
11.3. In the event that CLC reasonably believes that the requirements of
this Attachment 6 are not being met, the Parties will meet and
confer concerning such engineering, design, performance and other
network data, which may be necessary to cure any engineering, design
performance of implementation deficiency. In the event that such
data indicates that the requirements of this Attachment 6 are not
being met, PACIFIC shall cure any such deficiency as soon as
possible.
11.4. Subject to this Agreement and its Attachments, PACIFIC agrees to
work cooperatively with CLC to provide Network Elements that will
meet CLC's needs in providing services to its customers.
11.5. If PACIFIC makes available to itself or any of its end user
customers an expedited or priority provisioning capability for
Network Elements and the interconnections between Network Elements,
then PACIFIC will make such capability available to CLC on a non-
discriminatory basis.
Page 28
Attachment 6 - Appendix A
Appendix A -- Network Element Combinations
First
Com NID Note 4 Note 1 Note 8 Tandem Signaling DA/ Order
bo LOOP EISCC Switch Transport DCS Switching Links STP SCP OS Date Comments
-----------------------------------------------------------------------------------------------------------------------------------
1. X X X Note 9
2. X X X Note 9
3. X X X X Note 9 If MUXing, USSC or D4 req'd
4. X X X Note 9 If MUXing, USSC or D4 req'd
5. X X X Note 9
6. X X Note 9 Opt. B & C, Note 2
7. X X Note 9 Opt. B & C, Note 2
8. X X Note 9
9. X X X Note 9 Opt. B & C, FG-D
10. X X X Note 2 Opt. C
11. X X Note 2
12. X X X Note 9
13. X X X X Note 2
14. X X X X Note 2
15. X X X Note 9 Opt. B & C, Note 2
16. X X X Note 2
17. X X X X Note 9 Note 5
18. X X X Note 9 Notes 5 & 6
19. X X X X X Note 2 Notes 3 & 5
20. X X X X Note 9 Note 7
21. X X X X Note 9
22. X X X X X Note 9 Note 7
----------------------------------------------------------------------------------------------------------------------------------
Note 1: Switching column: Refers to Option A unless combined with EISCC,
Transport, DCS or DA/OS. Option A selects Shared Transport and any
necessary use of PACIFIC's SS7 signaling or call-related databases for
all calls originating from the Line Port. Other transport options are
available with Options B and C as described in this attachment.
Note 2: Available coincident with unbundled switching Option C which is
presently not technically feasible.
Note 3: Query access to LIDB, 800 & AIN.
Note 4: Loop column: for 2-wire analog (basic & assured), 2-wire digital (ISDN),
4-wire digital (1.544mbps), 4-wire analog (basic & assured) & 2-wire
copper (two types).
Note 5: OS must use XXXX signaling prior to ILP (2-PIC) deployment. With ILP, OS
can then go to FG-D (MF or SS7) if the subscriber's line is pre-
subscribed to CLC for intra-LATA traffic. DA requires XXXX if it goes to
OS trunking, but FG-D cannot support 411 (3-digit).
Note 6: For interconnection with PACIFIC's network, Signaling Links may be
purchased from PACIFIC, self-provisioned, or removed entirely.
Note 7: Applies to CLC Operator Service & DA with unbundled switching Options
B & C.
Note 8: Transport column: Dedicated, Common, shared, entrance facilities, all
transmission rates.
Note 9: First Order Date for this Combination will be on the same date, subject
to ordering intervals required, that the Combination is made available
to another CLC. Upon request, PACIFIC will provide its current
implementation schedule to CLC. (see also Section 1.4 of Attachment 6.)
ATTACHMENT 7
------------
RIGHTS OF WAY (ROW), CONDUITS, POLE ATTACHMENTS
-----------------------------------------------
Attachment 7
Rights of Way (ROW), Conduits, Pole Attachments
------------------------------------------------
1. Introduction
------------
This Attachment sets forth the requirements for Rights of Way, Conduits and
Pole Attachments.
2. Definitions:
------------
2.1. A Right of Way (ROW) is the right to use the land or other property
of another party to place poles, conduits, cables, other structures
and equipment, or to provide passage to access such structures and
equipment. A ROW may run under, on, or above public or private
property (including air space above public or private property) and
may include the right to use discrete space in buildings, building
complexes or other locations.
2.2. A conduit is a tube or similar enclosure that may be used to house
communication or communication-related power cables. Conduit may be
underground or above ground (for example, inside buildings) and may
contain one or more inner ducts. An innerduct is a separate tube or
enclosure within a conduit.
2.3. A pole attachment is the connection of a facility to a utility pole.
Some examples of facilities are mechanical hardware, grounding and
transmission cable, and equipment boxes.
3. General Requirements
--------------------
3.1. PACIFIC shall make ROW, conduit and pole attachments available to CLC
through agreements consistent with applicable regulations of the FCC
and THE COMMISSION and this Attachment 7, or through tariffs, in the
event PACIFIC files tariffs covering such facilities.
3.2. PACIFIC shall provide CLC with non-discriminatory and competitively
neutral access, on a first-come, first-served basis, to ROW, conduit,
ducts, pole attachments and entrance facilities that PACIFIC owns or
controls.
3.3. Upon request, PACIFIC shall provide CLC reasonable access on a
non-discriminatory and competitively neutral basis to building
entrance facilities (including but not limited to cable vault,
conduit, equipment rooms and telephone closets) that are owned or
controlled by PACIFIC, provided the security of PACIFIC's facilities
is maintained at all times. For some locations, CLC personnel must be
escorted, and the parties will negotiate a reasonable arrangement,
including administrative costs, if any, for such escorted access.
3.4. PACIFIC may not favor itself in granting access to a ROW, conduit or
pole attachment. PACIFIC shall not deny a request from CLC for access
to a ROW, conduit or pole attachment on the basis that such space is
reserved for PACIFIC's future business needs, except as provided in
Sections 3.5, 3.5.1, and 3.6.
Page 1
Attachment 7
3.5. PACIFIC may reserve capacity for projects for which it has
undertaken engineering studies meeting the requirements of Section
3.5.1 with a view toward initiation of physical construction
activities within six (6) months after the date of CLC's request or
within eighteen (18) months after the date of CLC's request if
PACIFIC can demonstrate a definitive schedule for completion of the
project with eighteen (18) months and that it is not possible to
commence construction within six (6) months due to action required
by others.
3.5.1. At CLC's request, in the event PACIFIC denies a CLC request
for access pursuant to Section 3.5, the parties shall supply
to each other within thirty (30) days of the denial, subject
to Section 18 of this Agreement, copies of their respective
engineering studies relating to the disputed space. PACIFIC
shall prevail in its denial of space to CLC only if
PACIFIC's engineering studies have the same or greater level
of detail and completeness as CLC's studies. The parties
shall meet and confer in an effort to reach an agreement
that PACIFIC's engineering studies meet this standard. If
the parties fail to agree, either party may invoke the
alternative dispute resolution process set forth in
Attachment 3.
3.6. The duties of PACIFIC described in Sections 3.5 and 3.5.1 shall be
subject to expansion or contraction in accordance with rules adopted
by the Commission that constitute regulation of rates, terms and
conditions for pole attachments within the meaning of Section
224(c)(3) of the Act.
3.7. PACIFIC may designate one innerduct in a multi-duct conduit (or, one
duct, in the case of a multi-duct conduit where large sized copper
cables are housed) for maintenance purposes, for the benefit of all
users of the conduit. No party shall use the maintenance innerduct
(or the maintenance duct in the case of conduit housing copper
cables) except for maintenance purposes.
3.8. In cases where PACIFIC reasonably believes that there is
insufficient capacity to grant a request from CLC for access to a
ROW, conduit or pole attachment, PACIFIC must take all reasonable
steps to accommodate CLC's request and explore potential
accommodations in good faith with CLC.
3.9. In the event of an emergency affecting ROW, conduit or pole
attachments made available by PACIFIC to CLC, PACIFIC shall follow
the mutually agreed upon Emergency Restoration Procedures attached
to this Attachment 7 as Exhibit A.
3.10. PACIFIC shall provide to CLC the names, numbers of the regional
Single Points of Contact (SPOC) for administering all structure
licensing and ROW agreements within each defined geographical area.
4. Requests for Space
------------------
4.1. Upon being presented with a CLC written request for access to
PACIFIC'S conduits or poles, PACIFIC will accept or reject CLC's
request in writing as soon as possible, but within forty-five (45)
days, unless PACIFIC cannot accept or reject within forty-five (45)
days due to the complexity of the request. In such cases, the
Parties will mutually agree upon an appropriate extension of time.
Page 2
Attachment 7
4.2. If PACIFIC denies an application by CLC for conduit or pole space,
its denial must be specific, and include all relevant evidence or
information supporting the denial.
5. Requests for Drawings
---------------------
5.1. At CLC's request, PACIFIC shall provide CLC with detailed engineering
records and drawings of conduit, poles and other ROW paths in
selected areas as specified by CLC within a reasonable time frame.
5.2. PACIFIC shall allow personnel designated by CLC to examine conduit
system or pole line diagrams at PACIFIC's offices, provided that, for
security reasons, a non-disclosure agreement is signed and CLC
representative is limited to a specific area within the PACIFIC
office or PACIFIC will make copies of such prints for CLC at CLC's
expense, or a mutually agreed upon third party will be permitted to
examine the diagrams.
6. Requests for Information
------------------------
6.1. CLC may submit a written request for information to PACIFIC before
submitting a request for conduit or pole space in a specified
location.
6.2. PACIFIC shall provide information regarding the availability and
condition of conduit or pole attachments within ten (10) business
days of CLC's written request for a records based answer and twenty
(20) business days of CLC's request for a field based answer. In the
event CLC's written request seeks information about the availability
of more than five (5) miles of conduit or more than 500 poles,
PACIFIC shall (1) provide an initial response within ten (10)
business days; (2) use reasonable best efforts to complete its
response within thirty (30) business days; and (3) if PACIFIC is
unable to complete its response within thirty (30) business days or
if the parties are unable to agree upon a mutually satisfactory long
time period for PACIFIC's response, PACIFIC will hire outside
contractors at CLC's expense, not to exceed PACIFIC's customary
charge for the same work, provided that before proceeding with such
outside hiring, PACIFIC shall provide to CLC the contractor's work
order and hourly rate.
6.3. CLC shall have the option to be present at the field based survey and
PACIFIC shall provide CLC at least twenty-four (24) hours notice
prior to start of such field survey. By prior arrangement, PACIFIC
shall allow CLC personnel, accompanied by a PACIFIC escort, to enter
manholes and view pole structures.
7. Make Ready Work
---------------
7.1. PACIFIC shall complete the "make ready work" required on poles or
within conduit to enable CLC to install its facilities. This work
shall be accomplished by PACIFIC at a reasonable cost within thirty
(30) business days, except that if PACIFIC requires longer than
thirty (30) business days or if the parties are unable to agree upon
a mutually satisfactory longer time period for completion of the make
ready work, outside contractors may be hired at CLC's expense to do
the work. In that event, PACIFIC and CLC shall confer and agree which
party shall hire the contractors. If CLC hires the contractors, they
must meet
Page 3
Attachment 7
PACIFIC's reasonable standards. If PACIFIC hires the contractors,
before proceeding with the work, PACIFIC shall provide to CLC the
contractors work order and hourly rate, which shall not exceed
PACIFIC's customary charge for the same work.
8. Pole Attachments
----------------
8.1. Pole Attachments will be placed in the space on the pole designated
for communications use. This space is generally located below
electric supply circuits and excludes the neutral space between the
electrical and communication space.
8.2. PACIFIC shall not attach, or permit other entities to attach,
facilities on existing CLC facilities without CLC's prior written
consent, except that such consent shall not be required for
attachments to facilities such as arms and brackets that are designed
for more than one cable.
8.3. CLC may, at its option, make pole attachments using CLC or CLC-
designated personnel. CLC shall follow the methods and procedures for
making pole attachments set forth in California Public Utilities
Commission General Order No. 95 and any additional standards provided
to CLC by PACIFIC.
9. Conduits:
---------
9.1. To the extent that space is available as reasonably determined by
PACIFIC, PACIFIC shall provide CLC space in manholes for racking and
storage of cable and other materials as requested by CLC on a
nondiscriminatory, first-come, first-served basis.
9.2. PACIFIC shall remove any retired cable from its conduit at CLC's
expense within a reasonable period of time if necessary to make
conduit space available for CLC.
9.3. Upon prior notice to PACIFIC, CLC may conduct maintenance procedures
in conduit space leased from PACIFIC. PACIFIC may dispatch a PACIFIC
technician at CLC's expense to oversee CLC's work.
9.4. Subject to accepted industry safety and engineering standards,
PACIFIC shall not restrict, withhold or unreasonably delay any
modifications to conduit systems necessary to allow access to and/or
egress from such systems, provided that CLC must obtain certification
of a professional structural engineer for modifications to post 1960
structures ensuring that the modifications will not adversely impact
the structural integrity of the manhole.
9.5. Subject to accepted industry safety and engineering standards,
PACIFIC will permit manhole interconnections, breaking out of PACIFIC
manholes and breaking out of PACIFIC conduit for the benefit of CLC.
PACIFIC may not limit new duct entrances to pre-cast knockouts,
provided that CLC must obtain certification of a professional
structural engineer for modifications to post-1960 structures
ensuring that the modifications will not adversely impact the
structural integrity of the manhole.
Page 4
Attachment 7
10. Innerducts
----------
10.1. PACIFIC will permit CLC, on a first-come, first-served basis, to
license the use of innerducts in ducts in which PACIFIC already
occupies as innerduct as long as one spare innerduct for maintenance
purposes remains available. If an innerduct licensed by CLC becomes
defective, CLC may use the spare maintenance innerduct as long as
CLC repairs the defective innerduct for use as a new maintenance
spare as soon as possible.
10.2. Where spare inner duct does not exist, PACIFIC shall allow CLC to
install inner duct in a spare PACIFIC conduit, provided that CLC
complies with applicable law and PACIFIC's construction standards.
11. Access to Private Easements
---------------------------
11.1. PACIFIC shall not block any third party assignment of ROW to CLC.
11.2. To the extent space is available, PACIFIC shall provide access to
ROWs it has obtained from a third party to CLC on a
nondiscriminatory, first-come, first-served basis, provided that any
underlying agreement with such third party permits PACIFIC to
provide such access, and provided that CLC agrees to indemnify
PACIFIC for any liability arising out of such access or use.
11.3. PACIFIC will, upon request by CLC, grant CLC access to any private
easement held by PACIFIC, in a mutually agreeable form of sub-
easement, assignment or other appropriate access. PACIFIC's charge
for such access shall be a pro rata portion of (a) the charge paid
by PACIFIC to the grantor of the easement and (b) any other
documented administrative and engineering costs incurred by PACIFIC
in obtaining the original easement, both of which shall be
determined on a case-by-case basis and calculated by taking into
account (i) the size of the area to be used by CLC and (ii) the
number of users of PACIFIC's easement. CLC shall also pay the
reasonable documented administrative cost incurred by PACIFIC in
processing such requests for access.
12. Dispute Resolution
------------------
12.1. If the parties are unable to agree on a matter involving access by
CLC to a ROW, conduit, innerducts, pole, entrance facility or
private easement owned or controlled by PACIFIC, either party may
submit the matter to the dispute resolution process set forth in
Attachment 3 to this Agreement or may invoke applicable dispute
resolution procedures described in the Act and the FCC's First
Interconnection Order, sections 1217 through 1231.
Page 5
Attachment 7
Exhibit A
EMERGENCY RESTORAL PROCEDURES
1. General
-------
In the event of an emergency, restoration procedures may be affected by the
presence of CLC facilities in or on PACIFIC structures. While PACIFIC
maintains no responsibility for the repair of damaged CLC facilities
(except under a special maintenance contract), it must nonetheless control
access to CLC structures if restoral of affected facilities is to be
achieved in an orderly fashion.
2. Prioritizing
------------
Where PACIFIC and CLC are involved in emergency restorals, access to
PACIFIC's structures will be controlled by PACIFIC's Maintenance District
Manager or his/her on-site representative according to the following
guidelines:
2.1 Service Disruptions/Outages
2.1.1 While exercising its right to first access, PACIFIC should
grant nondiscriminatory access to all occupants in or on its
facilities and every effort should be made to accommodate as
many occupants as is reasonably safe. Therefore, reasonable,
simultaneous access will not be denied unless public or other
safety considerations would prohibit such access.
2.1.2 Where simultaneous access is not possible, access will next be
granted according to longevity in/on the structure (i.e.,
first in time, first in right). Where longevity in the
structure cannot be ascertained, access will be prioritized on
a first come, first served basis.
2.2 Service Affecting
2.2.1 While exercising its right to first access, PACIFIC should
grant nondiscriminatory access to all occupants in or on its
facilities and every effort should be made to accommodate as
many occupants as is reasonably safe. Therefore, reasonable,
simultaneous access will not be denied unless public or other
safety considerations would prohibit such access.
2.2.2 Where simultaneous access is not possible, access will next be
granted to occupants according to the level of damage to its
facilities and the likelihood that damage will result in
service disruption. Where likelihood that damage will result
is not clearly discernible, access will be granted according
to longevity in/on the structure (i.e., first in time, first
in right).
2.2.3 Where longevity in the structure cannot be ascertained, access
will be prioritized a first come, first served basis.
3.0 Point of Contact
----------------
When an emergency situation arises which necessitates CLC access to a
manhole after PACIFIC's normal business hours, CLC should call PACIFIC's
Interconnection Service
Page 1
Attachment 7
Exhibit A
Center (ISC). All calls during normal business hours must be directed to
the appropriate PACIFIC Single Point of Contact (SPOC). For after-hours
calls, PACIFIC's ISC will contact the Maintenance Center responsible for
after-hours coverage of the affected area. The maintenance supervisor
contacted by the ISC will return CLC's call and will arrange for access
with on-call maintenance field personnel during the emergency condition.
Page 2
ATTACHMENT 8
------------
PRICING
-------
Attachment 8
PRICING
-------
1. Local Service Resale:
---------------------
The prices charged to CLC for resold Local Service shall be calculated
using the avoided cost discount set forth herein. The interim wholesale
discount shall be 17% off the applicable retail rate for all PACIFIC
services subject to resale. The interim discount shall remain in effect
until the Commission determines a different wholesale discount in any
proceeding subsequent to the Effective Date of this Agreement. Once so
determined by the Commission, said different wholesale discount shall apply
instead of the interim discount for the remaining Term of this Agreement.
The prices shall be based on PACIFIC's retail rates applicable on the
Effective Date, less the applicable discount. If PACIFIC changes its retail
rates after CLC executes this Agreement, the applicable discount shall be
applied to the changed retail rates from the time such changes become
effective.
1.1 Non-recurring Charges for Total Services Resale:
1.1.1 Non-recurring charge(s) shall be based on PACIFIC's retail
rates less the applicable discount.
1.1.2 Notwithstanding Section 1.1.1, unless changed by the
Commission, PACIFIC's non-recurring charge to switch a
customer who remains at the same location from PACIFIC's
retail service to CLC resold service shall be as specified by
Ordering Paragraph 13 of Decision No. 00-00-000; provided,
however, that once the Commission has approved non-recurring
charges for switching a customer from PACIFIC's retail service
to CLC resold service in the Open Access and Network
Architecture Development proceeding and those charges have
been included in the PACIFIC's tariffs, those charges shall
apply in lieu of the charges specified in Ordering Paragraph
13 of Decision 00-00-000. PACIFIC shall NOT charge any non-
recurring charges to otherwise switch a customer from
PACIFIC's retail service to CLC resold service. Except for the
costs of switching retail customers who remain at their
respective locations, PACIFIC may track its one-time, non-
recurring service order costs and seek recovery of these costs
in an appropriate Commission proceeding, which CLC shall have
the right to contest. In addition, the Parties disagree
whether the "no change-over charge" for resold services
specified in this section should apply in the following
circumstances: (1) when CLC moves an existing Link customer
(be it an existing CLC Link customer or that of another CLC)
to resold Local Service; (2) when CLC moves an existing resold
customer of another CLC to CLC's service. For the customer
movement identified in the previous sentence, PACIFIC may
track its non-recurring provisioning costs and its one-time
non-recurring service order costs and seek recovery of these
costs in an appropriate Commission proceeding, which CLC shall
have the right to contest.
2. Unbundled Network Elements
--------------------------
The recurring and non-recurring prices charged to CLC for Network Elements
are specified in Appendix 1 to this Attachment. The prices listed in the
Appendix are interim prices only and are subject to change to conform with
the rate for unbundled Network Elements and non-recurring charges adopted
by the Commission subsequent to the Effective Date of this Agreement. Once
Page 1
Attachment 8
the Commission-determined prices are adopted, said prices will be
substituted for the interim prices and shall apply for the remainder of the
Term of this Agreement.
3. Collocation
-----------
On an interim basis, the rates contained in PACIFIC's Schedule Cal. P.U.C.
Tariff No. 175 T, Section 16, shall apply. Any collocation rates determined
by the Commission subsequent to the Effective Date of this Agreement shall
replace such interim rates.
4. Interconnection Services
------------------------
PACIFIC will make interconnection arrangements available at any technically
feasible point. At the discretion of CLC, local interconnection may be
accomplished via one-way local trunks, or two-way local trunks, or CLC may
choose to deliver both local and toll traffic over the same trunk group(s).
With respect to the latter scenario, CLC will have to provide Percent Local
Usage (PLU) to facilitate billing of the local interconnection rate. CLC's
PLU determination shall be subject to reasonable audit by PACIFIC pursuant
to Section 11 of this Agreement.
Prices and terms for Interconnection Services are specified in Appendix A
to this Attachment 8.
5. Right of Way, Conduits and Pole Attachments
-------------------------------------------
CLC shall pay PACIFIC a fee, determined by a methodology consistent with 47
U.S.C. Section 224 and the FCC's regulations thereunder for placement of
CLC's facilities in or on PACIFIC's poles, conduits or rights of way. Such
methodology is subject to change, by mutual agreement, in the event the FCC
issues new rules or the CPUC adopts rules setting forth a new methodology.
6. Other
-----
The following prices also shall apply:
6.1 E911 (when CLC orders this service as a facilities-based carrier):
PACIFIC's tariff rates shall apply.
6.2 PACIFIC shall provide RCF INP to CLC pursuant to the terms of the DNCF
tariff (including any modification subsequently adopted by the
Commission) filed by PACIFIC, except that the Parties (a) shall
establish accounts to track their own costs of providing INP pursuant
to this Agreement and (b) agree to recover such costs consistent with
FCC and Commission requirements at such time as such requirements are
established. Until any FCC or Commission order establishes different
cost recovery mechanism, a "xxxx and keep" arrangement will apply to
the ported segment of any ported call between the Porting Party's
switch and the Ported-to Party's switch.
6.3 References to PACIFIC's switched and special access tariffs or service
shall mean the rates in PACIFIC's intrastate (Cal. Schedule PUC 175-T)
or interstate (FCC No. 128) access tariff, as applicable, shall apply.
Such references shall include "NIC", "Local Switching", "Tandem
Transit Rate", "Tandem Switching", "RIC", and "CLCC".
6.4 Operator transfer: Where the Parties have agreed that CLC will pay
PACIFIC for operator transfer, PACIFIC's tariffed rate for this
service shall apply.
These rates shall remain in effect until the Commission determines
different rates in any proceeding subsequent to the Effective Date of this
Agreement. Once so determined by the
Page 2
Attachment 8
Commission, said different rates shall apply instead of the rates set forth
herein for the remaining Term of this Agreement.
7. To Be Determined
----------------
In this Agreement, rates for certain services, Network Elements and
Combinations are specified as "To Be Determined" (TBD). In addition,
numerous provisions of this Agreement refer to prices set forth in
Attachment 8. In the event of such a reference in this Agreement where
there is no corresponding price in this Attachment 8, it shall be deemed to
be TBD if no applicable tariff exists, but shall be deemed to be per the
tariff if an applicable tariff exists. With respect to all TBD prices,
prior to CLC ordering any such TBD items, the Parties shall meet and confer
to establish a price. If no agreement is reached, the Parties shall refer
any disputes to the Alternative Dispute Resolution process set forth in
Attachment 3. Any rates set in arbitration shall be subject to modification
by any subsequent decision of the Commission. CLC shall be responsible for
payments of any such rates so established as ordered in arbitration or by
the Commission.
8. Identification and Recovery of Costs.
-------------------------------------
8.1 The full extent of development and implementation costs associated
with the provision of unbundled Network Elements or combinations of
unbundled Network Elements specified by this Agreement, reporting
requirements and other items provided under this Agreement are not
known at this time. PACIFIC will specifically track all development
and implementation costs in a manner consistent with generally
accepted accounting principles and report these amounts to the
Telecommunications Division of the Commission. PACIFIC shall also
track recovery of these development and implementation costs until
they are recovered as approved by the Commission.
8.2 With respect to unbundled Network Elements or combinations of
unbundled Network Elements which are specified in this Agreement,
PACIFIC shall charge CLC its proportionate share of development and
implementation costs, as approved by the Commission, based on usage,
in accordance with a methodology approved by the Commission. Charges
for unbundled Network Elements or combinations of unbundled Network
Elements shall reflect usage by PACIFIC and its affiliates as well as
other competitive local carriers.
8.3 For unbundled Network Elements or combinations of unbundled Network
Elements uniquely requested by CLC, the Parties shall agree on costs
for the development and implementation thereof and the terms for CLC's
payment of such costs prior to PACIFIC's initiation of such
development and implementation. If the Parties cannot agree, it shall
be submitted to alternative dispute resolution pursuant to Attachment
3. If additional carriers later use the same element or combination of
elements, PACIFIC will assess charges to each carrier for development
and implementation costs using the proportionate allocation procedure
described in Section 8.2 above, and credit or rebate to CLC
development and implementation costs previously paid to PACIFIC by CLC
to the extent such prior payments exceed CLC's proportionate
allocation. Similarly, if PACIFIC or its affiliates also use the same
element or combination of elements requested by CLC, then PACIFIC or
its affiliates shall share, using the proportionate allocation
procedure described in Section 8.2 above, in the costs of development
and implementation. Except as provided above, the provisions of
Section 1.6 of Attachment 6 shall apply hereto.
8.4 PACIFIC shall track its costs caused by service performance
requirements of this Agreement which specify service that is higher-
than-parity with service levels PACIFIC
Page 3
Attachment 8
provides for comparable retail services or for similar services for other
competitive local carriers. For any such higher-than-parity service
requirement which causes significant additional costs, PACIFIC will charge
CLC such additional costs. If the Parties dispute such recovery, PACIFIC
may request Commission approval to charge CLC such costs.
Page 4
Attachment 8 - Appendix A
Prices for Unbundled Network Elements
----------------------------------------------------------------------------------------------------------------------------------
Service Order Connect Disconnect Change Order
-------------------- -------------------- -------------------- --------------------
NETWORK ELEMENTS Monthly Initial Additional Initial Additional Initial Additional Initial Additional
Recurring
----------------------------------------------------------------------------------------------------------------------------------
LOOP
Weighted 2-Wire $12.92 $37.31 $3.11 $111.65 $37.32 $74.99 $15.76 $136.85 $29.76
Basic Link
Weighted 4-Wire XXX XXX XXX XXX XXX XXX XXX XXX TBD
Basic Link
Assured $12.92 $25.23 $3.83 $217.28 $88.59 $ 71.95 $14.34 $179.69 $68.93
ISDN Option $17.25 $40.04 $2.98 $168.06 $71.50 $114.64 $38.31 $193.71 $68.97
Digital Link - 1.544 $88.68 $202.77 N/A $527.49 N/A $264.71 N/A $0.00 $0.00
Mbps
PBX XXX XXX XXX XXX XXX XXX XXX XXX TBD
Coin XXX XXX XXX XXX XXX XXX XXX XXX TBD
NETWORK INTERFACE N/A XXX XXX XXX XXX XXX XXX XXX XXX
DEVICE
LOCAL SWITCHING
CAPABILITY
Ports
-----
2-Wire Port $3.49 $45.87 $6.80 $91.49 $46.38 $64.15 $7.31 $124.12 $52.23
Coin Port $3.58 $45.87 $6.80 $91.49 $46.38 $64.15 $7.31 $124.12 $52.23
Centrex Port $6.94 XXX XXX XXX XXX XXX XXX XXX XXX
Centrex System N/A $0.00 N/A $54.38 N/A $27.18 $27.18 $41.71 $41.71
Establishment
ISDN Port $16.76 XXX XXX XXX XXX XXX XXX XXX XXX
DID Port $6.08 XXX XXX XXX XXX XXX XXX XXX XXX
DID Number Block $1.47 N/A N/A $15.44 $15.44 $4.38 $4.38 $6.97 $6.97
Hunting-Business $0.30 $4.84 $4.84 $1.37 $1.37 $2.58 $0.74 $10.86 $2.78
DS-1 Line Port XXX XXX XXX XXX XXX XXX XXX XXX TBD
Ports Combined with
-------------------
Loop
----
Ports (All) N/A $6.80 $6.80 $91.49 $46.38 $43.50 $7.31 $97.35 $53.23
Vertical Features
-----------------
(weighted Avg.)
---------------
Call Forwarding $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Variable
Busy Call Forwarding $0.83 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Delayed Call $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Forwarding
Call Waiting $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Three Way Calling $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Call Screen $0.86 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Message Waiting $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Indicator
Repeat Dialing $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Call Return $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Call Forwarding $0.84 $0.82 $0.00 $1.37 $1.37 $1.46 $0.74 $8.15 $2.78
Busy/Delay
Remote Call $1.76 $10.54 $2.11 $3.44 $3.44 $6.09 $6.09 $9.24 $9.24
Forwarding (Weighted)
Average)
Other Vertical XXX XXX XXX XXX XXX XXX XXX XXX TBD
Features
Basic Switching
---------------
Functions
---------
Interoffice-Originating
Setup per Attempt $0.006863
MOU $0.000875
Interoffice - Terminating
Setup per Call $0.007006
MOU $0.000900
Intraoffice
Setup per Call $0.016156
MOU $0.000900
Tandem Switching
Setup per Call $0.002943
MOU $0.000964
INTEROFFICE
TRANSMISSION
Trunk Port Termination
----------------------
End Office Dedicated $18.01 $47.87 TBD $277.45 TBD $126.17 $2.04 $288.29 $4.67
DS-1 Port
Tandem Dedicated DS-1 $18.01 XXX XXX XXX XXX XXX XXX XXX XXX
Port
CLC Switched Service
Establishment
1AESS N/A XXX XXX XXX XXX XXX XXX XXX XXX
5ESS N/A XXX XXX XXX XXX XXX XXX XXX XXX
DMS100 N/A XXX XXX XXX XXX XXX XXX XXX XXX
Page 1
Attachment 8 - Appendix A
Prices for Unbundled Network Elements
------------------------------------------------------------------------------------------------------------------------------------
Service Order Connect Disconnect Change Order
NETWORK ELEMENTS Monthly Initial Additional Initial Additional Initial Additional Initial Additional
Recurrring
------------------------------------------------------------------------------------------------------------------------------------
Common Transport
----------------
Zone 1
Fixed Mileage $0.000472 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000015
Zone 2
Fixed Mileage $0.000472 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000019
Zone 3
Fixed Mileage $0.000479 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000020
Zone 4
Fixed Mileage $0.000506 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000024
Dedicated Transport
-------------------
Voice Grade Dedicated
---------------------
Transport
---------
Zone 1
Fixed Mileage $2.75 XXX XXX XXX XXX XXX XXX XXX XXX
Variable Mileage $0.14
Zone 2
Fixed Mileage $2.76 XXX XXX XXX XXX XXX XXX XXX XXX
Variable Mileage $0.16
Zone 3
Fixed Mileage $2.81 XXX XXX XXX XXX XXX XXX XXX XXX
Variable Mileage $0.17
Zone 4
Fixed Mileage $3.05 XXX XXX XXX XXX XXX XXX XXX XXX
Variable Mileage $0.22
DS-1 Dedicated
--------------
Transport
---------
Zone 1
Fixed Mileage $28.00 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $1.22
Zone 2
Fixed Mileage $28.01 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $1.54
Zone 3
Fixed Mileage $28.48 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $1.69
Zone 4
Fixed Mileage $30.53 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $2.03
DS-3 Dedicated
--------------
Transport
---------
Zone 1
Fixed Mileage $300.47 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $21.99
Zone 2
Fixed Mileage $302.56 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $30.06
Zone 3
Fixed Mileage $308.17 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $34.22
Zone 4
Fixed Mileage $357.83 $47.87 TBD $393.97 TBD $234.55 $0.20 $448.66 $1.23
Variable Mileage $41.54
Shared Transport
----------------
Zone 1
Fixed Mileage $0.000883 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000015
Zone 2
Fixed Mileage $0.000883 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000019
Zone 3
Fixed Mileage $0.000890 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000020
Zone 4
Fixed Mileage $0.000922 X/X X/X X/X X/X X/X X/X X/X X/X
Variable Mileage $0.000024
With Option C LSNE ICB
MULTIPLEXING
DS-O/DS-1 MUX $235.71 $47.87 N/A $453.20 N/A $226.44 $226.44 $0.00 $0.00
DE-1/DS-3 MUX $260.30 $47.87 N/A $466.59 N/A $228.47 $228.47 $0.00 $0.00
DCS XXX XXX XXX XXX XXX XXX XXX XXX TBD
USCC $20.95 XXX XXX XXX XXX XXX XXX XXX XXX
------------------------------------------------------------------------------------------------------------------------------------
Page 2
Attachment 8 - Appendix A
Prices for Unbundled Network Elements
Service Order Connect Disconnect Change Order
Monthly -------------------- -------------------- -------------------- --------------------
NETWORK ELEMENTS Recurring Initial Additional Initial Additional Initial Additional Initial Additional
---------------- --------- ------- ---------- ------- ---------- ------- ---------- ------- ----------
SIGNALING SYSTEM 0
(XX0)
XXX Xxxx XXX Xxxxxx 000
XX0 Link FCC Tariff 128
Link Mileage FCC Tariff 128
800 Database FCC Tariff 128
LIDB Query FCC Tariff 128
Transit Signaling TBD
OPERATOR SERVICES
Directory Assistance $0.38 X/X X/X X/X X/X X/X X/X X/X X/X
Per Call
Operator Services per $0.02967 X/X X/X X/X X/X X/X X/X X/X X/X
Work Sec
COLLECTION
EISCC Combined with
-------------------
Loop
----
Basic $1.17 $3.11 $3.11 $120.22 $94.70 $61.28 $61.28 $1.84 $1.84
DS-0 $17.52 $3.11 $3.11 $141.84 $116.32 $65.03 $65.03 $1.84 $1.84
DS-1 $17.96 $3.11 $3.11 $193.24 $167.72 $71.32 $71.32 $1.84 $1.84
DS-3 $88.80 $3.11 $3.11 $189.54 $164.02 $69.98 $69.98 $1.84 $1.84
EISCC
-----
Basic $1.17 $36.57 $7.31 $120.22 $94.70 $79.59 $79.59 $0.00 $0.00
DS-0 $17.52 $36.57 $7.31 $141.84 $116.32 $83.33 $83.33 $0.00 $0.00
DS-1 $17.96 $36.57 $7.31 $193.24 $167.72 $89.62 $89.62 $0.00 $0.00
DS-3 $88.80 $36.57 $7.31 $189.54 $164.02 $88.29 $88.29 $0.00 $0.00
Entrance Facilities
-------------------
2-Wire Voice $59.95 $54.40 $54.40 $161.52 $161.52 $94.63 $94.63 $21.51 $21.51
4-Wire Voice XXX XXX XXX XXX XXX XXX XXX XXX TBD
DS-1 $98.60 $33.79 $33.79 $346.84 $346.84 $215.34 $215.34 $0.00 $0.00
DS-3 w/ equip $1,068.65 $54.39 $54.39 $411.06 $411.06 $141.95 $141.95 $0.00 $0.00
DS-3 w/o equip $395.91 $54.39 $54.39 $396.85 $396.85 $141.95 $141.95 $0.00 $0.00
Page 3
ATTACHMENT 9
------------
(Attachment 9 has been intentionally omitted)
ATTACHMENT 10
-------------
COLLOCATION
-----------
Attachment 10
COLLOCATION
-----------
1. Introduction
------------
This Attachment 10 sets forth the descriptions and requirements for
Collocation that PACIFIC agrees to offer to CLC under this Agreement.
2. Collocation
-----------
2.1. Definitions:
2.1.1. Physical collocation is defined in 47 C.F.R. Section 51.5.
2.1.2. Virtual collocation is defined in 47 C.F.R. Section 51.5.
2.2. Technical Requirements
2.2.1. PACIFIC will provide for Physical Collocation and Virtual
Collocation of CLC's transport facilities and termination
equipment for interconnection of CLC's network facilities to
PACIFIC's network or access to unbundled network elements.
Such collocation shall be provided on a nondiscriminatory
basis in accordance with the requirements of the Act and the
FCC's rules thereunder. On an interim basis, the rates
contained in PACIFIC's Schedule Cal.P.U.C Tariff No. 175-T,
Section 16, and FCC Tariff No. 128, Section 16, shall apply.
The collocation rates determined by the CPUC in Application
No. 00-00-000 or in the OANAD proceeding shall replace such
interim rates.
Collocation shall be established within the time frames
provided in PACIFIC's Schedule Cal. P.U.C. Tariff No. 175-T,
Section 16 (pursuant to Commission Decision No. 95-04-073), as
the same may be amended from time to time, which time frame is
currently 120 days in most cases. PACIFIC will promptly notify
CLC upon completion of construction of Collocation
arrangements and will permit CLC's use thereof as soon as such
arrangements are available.
2.2.2. PACIFIC shall permit collocation of any type of equipment used
or useful for interconnection or access to unbundled network
elements, in accordance with the Act and sections 579 through
582 of the FCC's First Interconnection Order. Such equipment
includes but is not limited to transmission equipment, such as
optical terminating equipment and multiplexers, equipment for
the termination of basic transmission facilities and such
additional types of equipment that may be agreed to by the
parties or designated in future FCC or The Commission rulings.
If a request by CLC to collocate is denied on the basis of the
equipment to be installed by CLC, PACIFIC shall prove to the
The Commission that such equipment is not "necessary" as
defined by the FCC for interconnection or access to unbundled
network elements.
Page 1
Attachment 10
2.2.3. When PACIFIC provides Physical Collocation, Virtual
Collocation or both to CLC, PACIFIC shall provide an
interconnection point or points, physically accessible by both
PACIFIC and CLC, at which the fiber optic cable carrying CLC's
circuits can enter PACIFIC's premises, provided that PACIFIC
will designate interconnection points as close as reasonably
possible to its premises. PACIFIC will provide at least two
such interconnection points at each PACIFIC premise at which
there are at least two entry points for PACIFIC's cable
facilities and at which space is available for new facilities
in at least two of those entry points. PACIFIC will permit
interconnection of copper or coaxial cable if such
interconnection is first approved by the Commission. Upon
request by CLC, PACIFIC will permit Physical Collocation of
microwave transmission facilities except where such Physical
Collocation is not practical for technical reasons or because
of space limitation, in which case PACIFIC will permit Virtual
Collocation of such facilities where technically feasible.
2.2.4. When providing Virtual Collocation, PACIFIC will, at a
minimum, install, maintain, and repair collocated equipment
for CLC within the same time periods and with failure rates
that are no greater than those that apply to the performance
of similar functions for comparable equipment of PACIFIC;
provided, if CLC utilizes non-standard equipment or equipment
not used by PACIFIC at the same location, CLC shall pay for
(a) any special equipment PACIFIC must purchase, and (b) the
training of PACIFIC personnel required for PACIFIC to install
or maintain such nonstandard or special equipment.
2.2.5. PACIFIC will make space available within or on its premises to
CLC and other requesting telecommunications carriers on a
first-come, first-served basis, provided, however, that
PACIFIC will not be required to lease or construct additional
space to provide for Physical Collocation when existing space
has been exhausted. To the extent possible, PACIFIC will make
contiguous space available to CLC if CLC seeks to expand an
existing collocation space. When planning renovations of
existing facilities or constructing or leasing new facilities,
PACIFIC shall take into account projected demand for
collocation space. PACIFIC may retain a limited amount of
floor space for PACIFIC's own specific future uses for a time
period up to one year on terms no more favorable to PACIFIC
than those that apply to other telecommunications carriers
seeking to reserve collocation space for their own future use.
PACIFIC shall relinquish any space held for future use before
denying a request for virtual collocation on grounds of space
limitations, unless PACIFIC proves to the Commission that
virtual collocation at that point is not technically feasible.
PACIFIC may impose reasonable restrictions on its provision of
additional unused collocation space ("warehousing") as
described in Section 586 of the First Interconnection Order to
collocating telecommunications carriers, provided, however,
that PACIFIC shall not set a maximum space limitation on CLC
unless PACIFIC proves to the Commission that space constraints
make such restrictions necessary.
2.2.6. PACIFIC will permit CLC to collocate equipment and use such
equipment to access unbundled Network Elements obtained from
PACIFIC and will not require CLC to bring its own transmission
facilities to PACIFIC's
Page 2
Attachment 10
premises in which CLC seeks to collocate equipment for
purposes of access to unbundled Network Elements.
2.2.7. PACIFIC will permit CLC to interconnect its network with that
of another collocating telecommunications carrier at PACIFIC's
premises and to connect its collocated equipment to the
collocated equipment of another telecommunications carrier
within the same premises provided that the collocated
equipment is also used for interconnection with PACIFIC or for
access to PACIFIC's unbundled Network Elements. PACIFIC will
provide the connection between the equipment in the collocated
spaces of two or more telecommunications carriers via EISCCs
and any necessary DCS or other equipment at the requesting
competitive local carrier's expense, unless PACIFIC permits
one or more of the collocating parties to provide this
connection for themselves. PACIFIC need not permit collocating
telecommunications carriers to place their own connecting
transmission facilities within PACIFIC's premises outside of
the actual Physical Collocation space.
2.2.8. Transferring CLC interconnection from PACIFIC's current access
service transport or entrance facilities to EISCCs will be
accomplished within a mutually agreed-upon time frame;
however, to ensure a smooth transition from such access
services to EISCCS, CLC must provide forecasts of its future
needs for EISCC capacity by location at least 90 days in
advance of its desired transition date.
2.2.9. PACIFIC will permit CLC to subcontract the construction of
Physical Collocation arrangements with contractors approved by
PACIFIC, provided that PACIFIC will not unreasonably withhold
approval of contractors. Approval by PACIFIC will be based on
the same criteria PACIFIC uses in approving contractors for
its own purposes.
2.2.10. PACIFIC shall provide an EISCC for intraoffice cross-connect
(e.g., DS0, DS1, DS3, OC3, OC12, OC48, and STS-1 terminations)
as requested by CLC, to meet CLC's need for placement of
equipment, interconnection, or provision of service at rates
specified in Attachment 8.
2.2.11. Other than reasonable security restrictions described in
Attachment 16, PACIFIC shall place no restriction on access to
the CLC collocated space by CLC's employees and designated
agents. Such space shall be available to CLC designated agents
24 hours per day each day of week. PACIFIC will not impose
unreasonable security restrictions at the premises. CLC
personnel may, with an escort provided by PACIFIC, inspect
equipment in a virtual collocation location upon and after
installation.
2.2.12. CLC shall have the right, at the point of termination for the
EISCC, to assign which tie pair facilities and which channels
on multiplexers, concentrators or other equipment under CLC's
control are used for service in the collocated space.
2.2.13. PACIFIC shall allow CLC to select its own vendors for all
required engineering and installation services associated with
its collocated
Page 3
Attachment 10
equipment (e.g., PACIFIC shall not require CLC to utilize
PACIFIC's internal engineering or installation work forces for
the engineering and installation of CLC's collocated
equipment). Installation of equipment in the collocated space
must comply with PACIFIC's Installation and Job Acceptance
handbook, which has been provided to CLC.
2.2.14. CLC may install monitoring equipment in the collocated space
to carry data back to CLC's work center for analysis.
2.2.15. PACIFIC shall provide at CLC's request common telephone
service with a connection xxxx from PACIFIC for the Collocated
space. Upon CLC's request, this service shall be available at
the CLC collocated space on the day that the space is turned
over to CLC by PACIFIC.
2.2.16. PACIFIC shall provide adequate lighting, ventilation, power,
heat, air conditioning, and other environmental conditions for
CLC's space or equipment. These environmental conditions shall
adhere to Xxxx Communication Research (Bellcore) Network
Equipment-Building System (NEBS) standards.
2.2.17. PACIFIC shall provide access to existing eyewash stations,
shower stations, and bathrooms within the collocated facility
on a 24 hours per day and 7 days per week basis for CLC
personnel and its designated agents.
2.2.18. PACIFIC agrees to negotiate requests by CLC for diversity of
fiber or power cabling on an individual case basis.
2.2.19. PACIFIC shall protect as proprietary to CLC all
information provided by CLC in requesting or maintaining a
collocation arrangement. PACIFIC shall not provide such
information to any third parties and shall limit access to the
information to PACIFIC employees having a need to know.
2.2.20. PACIFIC shall participate in and adhere to negotiated service
guarantees, Performance Standards, and ISO reviews.
2.2.21 PACIFIC will complete a Environmental Health & Safety
Questionnaire for each building that collocated space is
provided in. CLC may provide this questionnaire with its
collocation request and PACIFIC shall return it to CLC no
later than the first meeting between representatives of CLC
and PACIFIC scheduled to discuss implementation of a
collocation application, which generally shall be scheduled
within thirty (30) days after CLC's collocation request
("First Customer Meeting").
2.2.22. PACIFIC shall provide CLC with written notice five (5)
business days prior to those instances where PACIFIC or its
subcontractors may be undertaking a major construction project
in the general area of the collocated space occupied by CLC or
in the general area of the AC and DC power plants which
support CLC equipment. PACIFIC will inform CLC by telephone of
any emergency related activity that PACIFIC or its
subcontractors may be performing in the general area of the
collocated
Page 4
Attachment 10
space occupied by CLC or in the general area of the AC
and DC power plants which support CLC equipment.
Notification of any emergency related activity shall be
made immediately prior to the start of the activity so
that CLC can take any action required to monitor or
protect its service.
2.2.23. PACIFIC shall construct the Collocated space in
compliance with CLC's collocation request for cable
holes, ground bars, doors, and convenience outlets.
2.2.24. CLC and PACIFIC will complete an acceptance walk through
of all collocated space requested from PACIFIC.
Exceptions that are noted during this acceptance walk
through shall be corrected by PACIFIC within five (5)
days after the walk through. The correction of these
exceptions from the original collocation request shall be
at PACIFIC's expense.
2.2.25. PACIFIC shall provide the following to CLC no later than
the First Customer Meeting:
2.2.26. Non-architectural drawings depicting the exact location
and dimensions of the collocated space and any physical
obstructions.
2.2.26.1. PACIFIC shall provide Telephone Equipment
detailed drawings depicting the exact path with
dimensions for CLC outside plant fiber
ingress/egress into CLC space no later than the
first customer meeting.
2.2.26.2. Telephone Equipment drawings depicting the
exact location, type, and cable termination
requirements (i.e. connector type/number and
type of pairs, naming convention, etc.) for
PACIFIC Point of Termination Bay(s).
2.2.26.3. PACIFIC or industry technical publication
guidelines that impact the design of PACIFIC
collocated equipment.
2.2.26.4. Work restriction guidelines.
2.2.26.5. Escalation process for the PACIFIC
representatives (names, telephone numbers,
escalation order) for any disputes or problems
that might arise pursuant to CLC's collocation.
2.2.26.6. PACIFIC contacts (name and telephone number)
for the following areas:
2.2.26.6.1. Engineering
2.2.26.6.2. Physical & Logical Security
2.2.26.6.3. Provisioning
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Attachment 10
2.2.26.6.4.Billing
2.2.26.6.5.Operations
0.0.00.0.0.Xxxx and/or Building Managers
2.2.26.7. PACIFIC will provide access to CLC to the PACIFIC
Point of Termination bays where cabling from CLC's
collocated space is terminated for connection to
PACIFIC tie pairs.
2.2.27. PACIFIC shall provide positive confirmation to CLC when
construction of CLC Collocated space is underway. No later
than the second meeting of CLC and PACIFIC representatives
scheduled to address a collocation application ("Second
Customer Meeting"), PACIFIC shall notify CLC of the scheduled
completion and turnover dates, and shall provide CLC the
following:
2.2.27.1. Drawings depicting the exact path, with dimensions,
for CLC's fiber ingress/egress into the collocated
space.
2.2.27.2. Power cabling connectivity information, including
drawings, identifying the sizes and number of power
feeders.
2.2.28. Power as referenced in this document refers to any electrical
power source supplied by PACIFIC for CLC equipment or
unbundled network elements. Power supplied by PACIFIC will
support unbundled network elements or CLC equipment at
equipment specific DC and AC voltages. At a minimum, the power
supplied to CLC, should be at narity with PACIFIC. Where
PACIFIC performance, availability, restoration, etc. falls
below industry standards, PACIFIC shall bring itself into
compliance with such industry standards as soon as
technologically feasible.
2.2.28.1. Central office power supplied by PACIFIC into the
CLC equipment area, should be supplied in the form
of power feeders (cables) on cable racking into the
designated CLC equipment area. The power feeders
(cables) should efficiently and economically support
the requested quantity and capacity of CLC
equipment. The termination location should be as
requested by CLC. The number of feeder cables
requested by CLC, in order to provide maximum
reliability to customers, is directly dependent upon
the power requirements of the equipment and
facilities collocated by CLC. The number of feeder
cables shall be determined by the manufacturer's
recommendation as provided in equipment
specifications.
2.2.28.2. PACIFIC and CLC will negotiate resolution of CLC
requests for specific size and amperage of power
feed based on standard engineering practices.
2.2.28.3. PACIFIC power equipment supporting CLC's equipment
shall:
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Attachment 1O
2.2.28.3.1.Comply with applicable industry standards
(Bellcore, NEBS, IEEE, etc.) for
equipment installation, cabling
practices, and physical equipment layout;
2.2.28.3.2.Have redundant power feeds with physical
diversity and battery back-up at minimum
at parity with that provided for similar
PACIFIC equipment;
2.2.28.3.3.Provide central office ground, connected
to a ground electrode located within the
CLC collocated space, at a level above
the top of CLC equipment +/- 2 feet to
the left or right of CLC's final request;
2.2.28.3.4.Provide feeder capacity and quantity to
support the ultimate equipment layout for
CLC equipment in accordance with CLC's
collocation request;
2.2.28.3.5.Provide documentation submitted to and
received from contractors for any
contractor bids for any work being done
on behalf of CLC (this includes but is
not limited to power supplies, and cage
construction);
2.2.28.3.6.Provide an installation sequence and
access that will allow installation
efforts in parallel without jeopardizing
personnel safety or existing CLC
services;
2.2.28.3.7.Provide power plant alarms that adhere to
Xxxx Communication Research (Bellcore)
Network Equipment-Building System (NEBS)
standards TR-EOP-000063; and
2.2.28.3.8.Provide cabling that adheres to Xxxx
Communication Research (Bellcore) Network
Equipment-Building System (NEBS)
standards TR-EOP-000063.
2.2.28.4.PACIFIC will provide CLC with written notification
within ten (10) business days of any scheduled AC or
DC power work or related activity in the collocated
facility that will cause an outage or any type of
power disruption to CLC equipment located in PACIFIC
facility. PACIFIC shall provide CLC immediate
notification by telephone of any emergency power
activity that would impact CLC equipment.
2.2.28.5.PACIFIC employees with keys to the collocation area
will be permitted to enter the CLC collocated space
only during an emergency, or for annual compliance
reviews of the work areas.
2.2.28.6.PACIFIC shall ensure that the collocation equipment
areas comply with all applicable fire and safety
codes.
Page 7
Attachment 10
1.1. Technical References.
1.1.1. PACIFiC shall provide Collocation in accordance with
applicable published technical references.
Page 8
ATTACHMENT 11
-------------
PROVISIONING AND ORDERING
-------------------------
Attachment 11
TABLE OF CONTENTS
Section Page
1. Network Deployment 1
2. General Provisioning Requirements 1
3. Specific Provisioning Process Requirements 2
4. General Ordering Requirements 4
5. Ordering Interfaces 4
6. PACIFIC Provision of Information 5
7. Order Format and Data Elements for Individual Network Elements
AND Combinations 5
8. Performance Requirements 7
9. Account Maintenance 12
Appendix A
Exhibit 1
Attachment 11
PROVISIONING AND ORDERING
1. Network Deployment
------------------
Throughout the term of this Agreement, the quality of the technology,
equipment, facilities, processes, and techniques (including, without
limitation, such new architecture, equipment, facilities, and interfaces as
PACIFIC may deploy) that PACIFIC provides to CLC under this Agreement must
be at least equal in quality to that provided by PACIFIC to itself.
2. General Provisioning Requirements
---------------------------------
2.1. Subject to the requirements of Attachment 6, CLC may order Network
Elements either individually or in any combination. Combinations
("Combinations") consist of multiple Network Elements to enable CLC
to provide service in a geographic area or to a specific customer and
that are placed on the same order by CLC. To the extent that
Combinations or unbundled Network Elements are related and logically
associated with one another, Combinations may be ordered with a
single order.
2.2. PACIFIC shall provide all provisioning services to CLC during the
same business hours that PACIFIC provisions similar services for its
end user customers. Currently, those hours are Monday through Friday
from 8:00 a.m. to 5:30 p.m. PST. CLC may request PACIFIC to provide
Sunday, holiday, and/or off-hour provisioning services. If CLC
requests that PACIFIC perform provisioning services at times or on
days other than as required in the preceding sentence, PACIFIC shall
provide CLC a quote for such services, consistent with PACIFIC's
rates and terms for similar services to PACIFIC's end user
customers, at the rates set forth in Attachment 8. If CLC requests
any service for which a quote is not set forth in Attachment 8,
PACIFIC will provide CLC a quote based on state wide average rates
for the services performed. If CLC accepts PACIFIC's quote, PACIFIC
shall perform such provisioning services.
2.3. PACIFIC's LISC is the Single Point of Contact (SPOC) for all ordering
contacts and order flow involved in the purchase of Network Elements
or Combinations. The SPOC shall provide an electronic interface
twenty-four (24) hours a day, seven (7) days a week for all ordering
order flows at parity with that PACIFIC provides to itself or
affiliates. Currently, several systems are less than twenty-four
(24) hours per day seven (7) days per week. These systems, without
limitation, and their current hours, are as follows:
2.3.1. XXXXX/XXXX, Monday through Friday 7 am to 11 PM, Saturday
7 AM through 5 PM
2.3.2. PREMIS, Monday through Saturday 6 AM through 11 PM
2.3.3. BOSS, Monday through Saturday 6 AM through 11 PM
2.3.4. SORD, Monday through Friday, 6 AM through 11 PM, Saturday
6 AM through 7 PM
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Attachment 11
2.3.5. Scheduled Maintenance, one Sunday per month
2.3.6. Scheduled changes to all systems, e.g., XXXXX 7 PM every
third Wednesday, etc.
2.4. The SPOC shall also provide to CLC a toll-free nation-wide telephone
number (operational during the same hours as PACIFIC provides to its
own end user customers, currently from 8:00 a.m. to 5:30 p.m., Monday
through Friday) which will be answered by capable staff trained to
answer questions and resolve problems in connection with the
provisioning of Local Service, Network Elements or Combinations.
2.5. PACIFIC and CLC shall mutually agree upon interface contingency and
disaster recovery plans for the ordering and provisioning of Local
Service, Network Elements or Combinations.
2.6. PACIFIC will recognize CLC as the customer of record of all Network
Elements or Combinations ordered by CLC and will send all notices,
invoices and pertinent information directly to CLC.
3. Specific Provisioning Process Requirements
------------------------------------------
3.1. Subject to Attachment 6, when CLC orders the LSNE (either
individually or as part of a Combination), CLC may also obtain all
currently deployed features and functions from the specified PACIFIC
switch. If CLC requests a feature or function that is technically
available but not deployed in a particular switch, PACIFIC shall
provide CLC a quote pursuant to Section 1.6 of Attachment 6. If CLC
accepts the quote, PACIFIC shall deploy the feature pursuant to the
time frames and charges set forth in the quote. In the event that the
parties cannot agree on the deployment of, or price for such features
CLC may seek Alternative Dispute Resolution pursuant to Attachment 3
of the Agreement.
3.2. When requested by CLC and at CLC's option, PACIFIC will schedule
installation appointments (PACIFIC employee dispatch) with PACIFIC's
representative on the line with CLC's representative or provide CLC
access to PACIFIC's scheduling system through a mutually agreed upon
Electronic Interface. PACIFIC will provide appropriate training to
all PACIFIC employees who may communicate, either by telephone or
face-to-face, with CLC Customers. Such training shall instruct the
PACIFIC employees not to disparage or discriminate against CLC, its
products or services and shall comply with the branding requirements
of this Agreement.
3.3. Upon request from CLC, PACIFIC will provide an intercept referral
message for LSNE that includes any CLC telephone number on the same
basis as such service is available for similarly situated PACIFIC
customers, and PACIFIC will provide directory updates at the next
publication. This intercept referral message shall be approved by CLC
and shall be similar in format to the intercept referral messages
currently provided by PACIFIC for its own end-users. Custom messages
or extension in duration of the referral shall be subject to the
charges set forth in Attachment 8.
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Attachment 11
3.4. PACIFIC will provide CLC with a Firm Order Confirmation (FOC) for
each order, within four (4) Business hours of PACIFIC's receipt of
each accurate and complete electronically submitted order. In the
absence of an electronically submitted order, the time frame for a
FOC for manually received orders will be as mutually agreed. In the
case of a Network Elements or Combinations, the FOC must contain an
enumeration of CLC's ordered Network Elements or Combinations (and
the specific PACIFIC naming convention applied to that Network
Element or Combination), features, options, physical interconnection,
quantity, and PACIFIC commitment date for order completion (Committed
Due Date).
3.5. Upon completion of the order, PACIFIC will provide CLC electronically
(unless otherwise notified by CLC) with an Order Completion per order
that states when that order was completed. PACIFIC shall respond with
specific order detail as enumerated on the FOC and shall state any
additional charges (e.g., Time and Cost charges) up to a previously
agreed upon limit associated with that order.
3.6. For new Network Elements developed based on Section 1.6 of Attachment
6, the Parties will mutually agree on the testing to be used.
3.7. When CLC electronically orders a Local Service, Network Element or
Combination, PACIFIC shall provide notification electronically of any
instances when (1) PACIFIC's Committed Due Dates are in jeopardy of
not being met by PACIFIC on any Network Element or feature contained
in any order for Local Service, Network Elements or Combinations or
(2) an order contains Rejections/Errors in any of the data element(s)
fields. Such notice will be made as soon as the jeopardy or reject is
identified. When NDM or EBI is available and CLC elects to place a
manual order, PACIFIC may notify CLC of a jeopardy or reject
condition via facsimile or telephone call to the CLC contact
identified on the order. In all cases, PACIFIC shall concurrently
indicate its new committed due date.
3.8. At CLC's request, PACIFIC will perform co-operative testing with CLC
(including trouble shooting to isolate any problems) to test Local
Service, Network Elements or Combinations purchased by CLC in order
to identify any performance problems identified at turn-up of the
service.
3.9. PACIFIC shall inform CLC if a customer action results in reassignment
of an AIN trigger from a CLC AIN application to some other service
provider's application. Such notification shall be completed within
twenty-four (24) hours of the action via electronic interface as
described in the Account Maintenance requirements specified in this
Attachment.
3.10. Testing of AIN based services in PACIFIC's AIN test laboratory will
identify feature interactions with existing switch-based or other
types of services. PACIFIC will provide CLC with a list of feature
interactions uncovered during testing of any services. Disclosure of
feature interactions to CLC's end user will be CLC's sole
responsibility.
3.11. PACIFIC shall provision correct AIN triggers based on services
ordered by CLC on its provisioning order.
Page 3
Attachment 11
4. General Ordering Requirements
-----------------------------
4.1. Upon CLC's request through a Suspend/Restore Order for LSNE or a
Combination containing LSNE, PACIFIC shall suspend or restore the
functionality of any Network Element or Combination to the extent
technically feasible. PACIFIC shall implement any restoration
priority on a per Network Element or Combination basis in a manner
that conforms with CLC requested priorities and any applicable
regulatory policy or procedures. The charges for a Suspend/Restore
are set forth in Attachment 8.
4.2. PACIFIC shall provide to CLC the functionality of blocking calls
e.g., 900, 976 or international calls) by line.
4.3. Subject to Section 271(e)(2)(B), when intraLATA presubscription is
permissible in California, when ordering a Local Switching Element,
CLC may order from PACIFIC separate interLATA and intraLATA routing
(i.e., 2 PICs where available) on a line.
4.4. As directed by CLC, when CLC orders a Network Element or Combination,
all pre-assigned trunk or telephone numbers currently associated with
that Network Element or Combination shall be retained, if directed by
CLC, without loss of feature capability and without loss of
associated Ancillary Functions including, but not limited to,
Directory Assistance and 911/E911 capability, unless technically
infeasible.
4.5. When CLC orders Network Elements or Combinations that are currently
interconnected and functional, such Network Elements and Combinations
will remain interconnected and functional without any disconnection
or disruption of functionality. This shall be known as Contiguous
Network Interconnection of network elements. There shall be no
additional charge for such interconnection.
5. Ordering Interfaces
-------------------
5.1. PACIFIC shall provide to CLC an Electronic Interface (EI) for
transferring and receiving orders, FOCs, Service Completions, and
other provisioning data and materials as set forth in Appendix A and
at the rates set forth in Attachment 8.
5.2. When ordering a LSNE, subject to the implementation schedule in this
Agreement, CLC's representatives will have real-time access to
PACIFIC customer information systems which will allow the CLC
representatives to perform the following tasks:
5.2.1. Obtain customer service record, including customer name,
billing and service address, billing telephone number(s),
current participation in Voluntary Federal Customer Financial
Assistance Program if available, Telephone Relay, and other
similar services, and identification of PACIFIC features and
services subscribed to by customer. CLC will provide PACIFIC
with the written approval of residential customers or, in the
case of a business customer, CLC will provide a written
request indicating that CLC has the customer's consent, in
each case for the release of and identification of PACIFIC-
provided features and services;
Page 4
Attachment 11
5.2.2. Obtain information on all features and services available, in
end-office where customer is provisioned;
5.2.3. Enter the order for the desired features and services;
5.2.4. Provide an assigned telephone number (if the customer does
not have one assigned). Reservation and aging of these
numbers remain PACIFIC's responsibility;
5.2.5. Establish the appropriate directory listing;
5.2.6. Provide service availability dates to the customer;
5.2.7. Provide information regarding dispatch/installation schedule,
if applicable;
5.2.8. Order local, intraLATA toll and access to long distance
service in a single, unified order;
5.2.9. Suspension, termination, or restoral of service where
technically feasible.
6. PACIFIC Provision of Information
--------------------------------
6.1. PACIFIC shall provide to CLC upon request:
6.1.1. A list of all services and features technically available
from each switch that PACIFIC may use to provide a Local
Switching Element, by switch CLLI;
6.1.2. A listing by street address detail, of the service coverage
area of each wire center;
6.1.3. All engineering design and layout information for each
Network Element and Combination, in response to an order for
the Network Element or Combination;
6.1.4. A listing of all technically available functionalities for
each Network Element or Combination, in response to an order
for the Network Element or Combination; and
6.1.5. As long as PACIFIC remains the code administrator for
California, notice of any NPA relief planning meetings so
that CLC may participate in those meetings to reach industry
consensus on NPA code relief.
7. Order Format and Data Elements for Individual Network Elements AND
Combinations
7.1. In ordering Network Elements or Combinations, CLC and PACIFIC will
utilize standard industry order formats and data elements developed
by the Alliance for Telecommunications Industry Solutions (ATIS),
including without limitation the
Page 5
Attachment 11
Order and Billing Forum (OBF). Industry standards do not currently
exist for the ordering of all Network Elements or Combinations.
Therefore, until such standards industry order formats and data
elements are developed by the ATIS for a particular Network Element
or Combination, CLC and PACIFIC will mutually agree to a format to be
used to address the specific data requirements necessary for the
ordering of those Network Elements or Combinations. There currently
exist OBF formats for INP and the following Network Elements: Links,
Ports, and Transport. When an ATIS standard or format is subsequently
adopted, the Parties will use such standard or format in lieu of any
standard or format set forth in this Attachment, unless the Parties
mutually agree to continue to use the standard or format set forth
herein.
7.2. CLC and PACIFIC shall agree upon the appropriate ordering and
provisioning codes to be used for each Network Element or
Combination. These codes shall be known as data elements.
7.3. Each order for a Network Element or a Combination will contain the
following order-level sections, as defined by the OBF or as mutually
agreed to by the Parties: Administration, Xxxx, Contact, and End User
Information, e.g. Local Service Request (LSR) form, Access Service
Request (ASR) form, End User Information (EU) form.
7.4. In the absence of an implemented industry standard, the parties will
mutually agree on the ordering vehicle, either ASR or LSR, based on
the direction of the industry standards being developed, generally 90
days in advance of placing the first order. Currently, the LSR
ordering standards and process seem to be in support of "customer-
specific" elements, e.g., local loops whereas ASR ordering standards
and processes are being used to support "network type" elements,
e.g., interoffice transport.
7.5. When ordering a Network Element (individually or as part of a
Combination), the interconnection and functionality internal to that
Network Element will not be specifically ordered by CLC and will
automatically be provided by PACIFIC. For example, when ordering the
element DT (Dedicated Transport), the use of Digital Cross Connects
that might be necessary to provide the connectivity between two
interconnection locations will not be described on CLC's order.
7.6. CLC may purchase Network Elements either individually or in
combinations. Combinations of Contiguous Network Elements can be
ordered (i) on a case-by-case basis for those Network Elements that
are customer-specific; or (ii) on a common-use basis for those
Network Elements that are shared by multiple customers.
7.7. When ordering either customer-specific or common-usage Combinations,
CLC may specify the functionality of that Combination without the
need to specify the configuration of the individual Network Elements
needed to perform that functionality. For example: CLC may also
choose to purchase from PACIFIC a loop and switching Combination
which would be comprised of the Network Elements Local Loop and Local
Switching. This Combination would allow CLC to purchase switching
features (such as CLASS features) and functionalities on a per-
customer basis.
Page 6
Attachment 11
7.8. Prior to providing local service using unbundled Network Elements or
Combinations in a specific geographic area or when CLC requires a
change of network configuration, CLC may place an order with PACIFIC
requiring PACIFIC to prepare certain common-usage elements and
functionalities for CLC. CLC has identified one possible set of these
elements and functionalities as the Local Switching Conditioning
Combination. This Combination may be comprised of all or some of the
following individual Network Elements: LS (Local Switching), CT
(Common Transport), SS (Signal Transfer Points), DB (SCPs/Databases)
and TS (Tandem Switching). In order to provide these Network Elements
and their respective functionalities to CLC, PACIFIC shall prepare
its network for CLC's use of these common elements by readying each
necessary switch.
7.9. CLC may also use unbundled Network Elements to originate and
terminate toll traffic. CLC has identified the following two
Combinations which will allow such functionality: Toll Traffic
Combination 1 which is comprised of the Network Elements DT
(Dedicated Transport) and LS (Local Switching); and Toll Traffic
Combination 2 which is comprised of DT (Dedicated Transport), TS
(Tandem Switching), CT (Common Transport), and LS (Local Switching).
7.10. There are many additional Combinations which CLC may choose to order
from PACIFIC.
8. Performance Requirements
------------------------
8.1. Provisioning Intervals: Basic, Assured and ISDN/XDSL Links are
provided within the same period of time PACIFIC provisions its like
exchange service at that time in the same area using similar
facilities requiring field work (wiring). When available, 4-wire
Digital Links will have intervals identical to the intervals for
PACIFIC's provisioning of its own hi-cap services. Intervals for a
project (20 or more lines to a single end user MPOE on a single
service request) are established on a negotiated interval basis
between CLC and PACIFIC's Interconnection Services Center ("ISC").
8.2. Local Interconnection and Local Switching trunks (associated with
Options A, B and C) will be provided in the same interval as offered
for switched access (FG-B & FG-D) trunks.
8.3. LSNE Option A (translations) will be offered at the interval as
stated in Table A. LSNE Options B and C will be offered on a
negotiated, individual case basis (ICS). Tandem Switching Option 1
and Option 2 (translations) will be offered with the intervals stated
in Table A. Tandem Switching Option 3 will be negotiated on an
individual case basis (ICB).
8.4. XX0 Xxxx, including screening translations, will be offered on a
project specific interval. SS7 Transport will be offered with
intervals as stated in Table A.
8.5. LIDB/800 database access (DB) is provided on a per call basis with
appropriate SS7 interconnection. No additional interval is required.
8.6. Standard Service Coordination. Link Service will be provided on the
due date and, if requested, will be provided during a 4-hour window
(either 8 a.m. to 12
Page 7
Attachment 11
p.m. or 1 p.m. to 5 p.m.). The disconnection of service on a line to
the connection of the Link to the CLC collocation arrangement or
transport is 15 minutes. Additional service coordination is charged
as additional labor billing per PACIFIC's Schedule Cal. P.U.C. Tariff
No. 175-T, Section 13. Links are normally provisioned from 8 a.m. to
5 p.m. Monday through Friday.
Project Service Coordination. The following coordination procedures
apply only to Basic Links ordered as a project (20 or more lines to a
single end user MPOE on a single service request): On each Link order
in a Wire Center, CLC will contact PACIFIC and the Parties will
agree on a cutover time at least two business days before that
cutover time. The cutover time will be defined as a two (2) hour
window (normally provisioned from 8 a.m. to 5 p.m. Monday through
Friday), within which both the CLC and PACIFIC personnel will make
telephone contact to begin the cutover activity. Coordination for
Basic Links meeting the definition of a project (in this paragraph)
will be provided by the Parties at no charge.
Within the appointed two (2) hour cutover time, the CLC person will
call the ISC and when the ISC is reached in that interval such work
will begin. If the CLC person fails to call or is not ready within
the appointed interval and if CLC had not called to reschedule the
work at least two hours prior to the start of the interval, CLC and
PACIFIC will reschedule the work order and CLC will pay the
nonrecurring charge for the Link or Links scheduled for the missed
appointment. In addition, nonrecurring charges for the rescheduled
appointment will apply.
If the ISC is not available or not ready when the CLC person calls
during the two (2) hour interval, CLC and PACIFIC will reschedule and
PACIFIC will waive the nonrecurring charge for the Link or Links
scheduled for that interval and the rescheduled installation. The
standard time expected from disconnection of service on a line to the
connection of the Link to the CLC collocation arrangement or
transport is 15 minutes. Delays caused by the customer are the
responsibility of CLC.
8.7. Expedite Requests. Within two (2) business hours of receiving an
expedite request for Local Service, Network Elements, or combinations
of Network Elements, or at a mutually agreed to interval, PACIFIC
will use reasonable effort to notify CLC of PACIFIC's confirmation to
complete, or not complete, the order within the expedited interval.
8.8. Once an order for Local Service, Network Elements, or combinations of
Network Elements has been issued by CLC and CLC subsequently requires
a new due date that is earlier than the committed due date, CLC will
issue a modified order to expedite the prior order. PACIFIC will use
reasonable efforts to notify CLC within four (4) business hours of
its confirmation to complete, or not complete, the order requesting
the new due date.
8.9. CLC and PACIFIC will agree to mutual escalation procedures and
contacts. Each Party shall notify the other Party of any
modifications to these contacts within one (1) week of such
modifications.
8.10. CLC may request intervals that vary from the specified intervals
PACIFIC provides to itself or to its affiliates when technically
feasible. CLC agrees to pay incremental costs associated with such
varying intervals as mutually agreed by
Page 8
Attachment 11
the Parties. If other CLCs are receiving comparable intervals, CLC
should be charged comparable rates for comparable intervals or
service.
Table A PROVISIONING INTERVALS FOR UNE
9. Where comparable retail products or services exist in PACIFIC,
PACIFIC will report provisioning performance monthly as defined in
Attachment 17, Parity of Service Performance (these measures will be
reflected in Attachment 17 within 30 days of the first order for
UNE). Where a comparable retail product or service does not exist,
the stated or [CB interval will be used.
Page 9
Attachment 11
--------------------------------------------------------------------------
UNE Comparable Measure Example
--------------------------------------------------------------------------
LOOP
--------------------------------------------------------------------------
Basic Exchange
--------------------------------------------------------------------------
Business Fieldwork Resale/Resail Business 3-5bd
Access Line New Install
Residence Fieldwork Resale/Retail 4-8bd
Residence Line New Install
Four Wire Voice grade private line - retail 12-13bd
ISDN BRI ISDN - Retail w/o design 10bd
PRI ISDN & BRI w/design - Retail 15bd
DS1 DS1 HiCap - Retail 10-12bd
--------------------------------------------------------------------------
LS
--------------------------------------------------------------------------
Local Switch
Port
--------------------------------------------------------------------------
Business Non-Fieldwork Resale/Retail 1-2bd
Business Access Line New Install
Residence Non-Fieldwork Resale/Retail (less than sign) 2bd
Residence Line New Install
Local Switch Switch Access FG B&D 30bd
Trunks
(Opt A, B, or C) Stated Interval (per central office) 45bd
LSNE Opt A Project-specific interval ICB
LSNE Opt B&C
--------------------------------------------------------------------------
DT
--------------------------------------------------------------------------
DS0, DS1, T1.5 New Install Retail DS0, DS1, T1.5 DSO 12-
Dedicated Line 00xx
XXX-0, DS3/T3 New Install Retail STS-1, DS3, T3 DS1/T1.5 10-
Dedicated Line 12bd
OC-3,+ New Install Retail OC-3,+ ICB based
Dedicated Line on facility
availability
ICB based
on facility
availability
--------------------------------------------------------------------------
SS
--------------------------------------------------------------------------
SS7 Port New Install of a SS7 Port including Project
Screening - Project Specific Specific
Interval
--------------------------------------------------------------------------
SL
--------------------------------------------------------------------------
SS7 Transport New Install of a SS7 A or D Link 23-28bd
--------------------------------------------------------------------------
DB
--------------------------------------------------------------------------
LIDB/800 If SS7 interconnection is 23bd
Database established with LIDB/800 query
Access access, no additional interval is
required. If SS7 interconnection is
established and LIDB/800 was
part of the original questionnaire,
then a translation only order will
apply; if not included, then the
XX0 Xxxx interval will apply.
--------------------------------------------------------------------------
Page 10
Attachment 11
--------------------------------------------------------------------------
UNE Comparable Measure Example
--------------------------------------------------------------------------
TS
--------------------------------------------------------------------------
Tandem Switched Access FGB and FGD
Switching - Trunk Order Interval if Tandem 6wks
Trunks Configuration is in place 60bd
(TS Standard) Stated Interval Project
TS Option 1&2 Project specific interval Specific
TS Option 3
--------------------------------------------------------------------------
Page 11
Attachment 11
9. Account Maintenance
PACIFIC and CLC agree to the following account maintenance procedures:
9.1 OUTPLOC Transaction Feed
OUTPLOC means when a CLC Local Service or LSNE changes from CLC local
exchange service to another local exchange carrier. PACIFIC will
notify CLC using a 4205 or 2233 CARE-like electronic record when a
customer changes from CLC Local to a new Local Service provider.
PACIFIC will provide 4205 or 2233 CARE-like records six days a week,
Monday - Friday (Saturday (when change activity occurs), via the
CONNECT:Direct interface. Electronic records will be sent within
twenty-four (24) hours of the switch being provisioned for the
customer change. CLC understands that PACIFIC may send other CARE-like
electronic records on CLC Local customers.
9.2 Change Request Implementation
PACIFIC will cease billing CLC effective as of the date of the
customer's change request. If there is a delay in PACIFIC's
implementation of the customer's change request, PACIFIC will issue a
credit to CLC for any amounts billed to CLC with respect to that
customer following the date of the customer's change request.
9.3 Use of Service Order for PIC-only Change
When a CLC Local Customer contacts CLC Local only to request a change
of Primary lnterexchange Carrier (PIC) from one IEC to another IEC,
PACIFIC will accept the PIC-only change request from CLC local on the
current service order feed. PACIFIC will charge its current tariffed
rate applicable to PIC-only changes.
9.4 IEC PIC Change Request
PACIFIC will not accept a PIC change request from a Long Distance
carrier for CLC Local customers. PACIFIC will return such requests to
the IEC indicating CLC's Operating Company Number (OCN) on the
industry standard 3148 record.
Page 12
Attachment 11, Appendix A
1. Preordering
1.1. Transaction -Based Information Exchange
The Parties agree that preordering information exchange will be
transmitted over the same agreed upon interfaces according to the same
content definition for both resold PACIFIC services and those provided
using UNE.
1.2. Initial Systems
CLC will utilize XXXX and various manual methods agreed upon by the
Parties for preordering information exchange. Additional enhancements
to XXXX will be mutually coordinated between the Parties to ensure
full use of the capabilities when implemented on a mutually agreeable
schedule.
1.3. Long Term Systems
CLC and PACIFIC agree to use best faith efforts to adopt all Industry
mechanized interface standards evolving from standards bodies such as
ATIS/OBF/TCIF on the most timely mutually agreed upon schedule. CLC
and PACIFIC may develop and/or adopt already existing proprietary
methods of data exchange such as, but not limited to, preorder items
listed in Section 4 if industry standard definitions are not in place.
CLC and PACIFIC will translate preordering data elements used in their
internal processes into the agreed upon forms, and Electronic Data
Interchange (EDI).
2. Orderinq and Provisioning
2.1. CLC Resells PACIFIC Telecommunications Service(s)
The exchange of information relating to the ordering and provisioning
of local service, when CLC is the customer of record for the resold
service(s), will be based on the most current industry order formats
and data elements developed in the ATIS/Ordering and Billing Forum
(OBF).
2.1.1. Initial Systems
Except as provided in Exhibit 1, PACIFIC will provide CLC, on
or before the Effective Date, with an electronic interface
known as Resale Mechanized Interface (RMI) for transmitting
and receiving Service Requests and related information such as
Firm Order Confirmations (FOC), Jeopardies, Rejects, and
Completions. CLC and PACIFIC will translate necessary data
elements used in their internal processes into mutually
agreeable file formats and record layouts. CLC and PACIFIC
will develop a mutually agreeable schedule for transmissions
throughout the day using an agreed upon file transfer
protocol.
2.1.1.1. For the ordering of products not supported by RMI,
PACIFIC will provide CLC with other technologies
mutually agreed to by the Parties.
2.1.2. Long Term Systems
Page 1
Attachment 11, Appendix A
As soon as possible after the Effective Date and no later than
the "Details Specifications Agreed to Date" as set forth in
Exhibit 1, CLC and PACIFIC will use their best efforts to agree
to detailed specifications for upgrading the ordering information
exchange mechanism according to the Telecommunications Industry
Forum (TCIF) for Electronic Data Interchange (EDI). CLC and
PACIFIC mutually agree that the information exchange will be
forms based, including the use of the Local Services Request
(LSR) Form, the End User Information Form and the Resale
Information Form developed by the OBF. CLC and PACIFIC will use a
mutually agreeable X.25 or TCP/IP based transport network for
exchange of transactions. CLC and PACIFIC will translate ordering
and provisioning requests originating in their internal processes
into agreed upon forms and EDI transactions. Provided that the
"Detailed Specifications Agreed To Date" is met and no
additional specifications or changes in specifications are
required by law, PACIFIC will use its best efforts to implement
this upgrade by the applicable "Start Date" specified in Exhibit
1.
2.2. CLC Provides Service Using PACIFIC Unbundled Network Elements
2.2.1. Ordering Process and Forms
CLC and PACIFIC will use two types of orders, an
Infrastructure Provisioning order and a Customer Specific
Provisioning order to order and provision Network Elements and
Combinations.
The Infrastructure Provisioning Footprint order notifies
PACIFIC of the common use (across CLC Retail Customers)
Network Elements and Combinations that CLC will require, and
identifies the geographic area CLC expects to serve through
the Network Elements and Combinations ordered. PACIFIC and CLC
will mutually agree on necessary modifications to the existing
ordering process and forms used for Exchange Access products
until the ATIS/OBF has adopted an acceptable alternative
method. In addition PACIFIC will accept a modified version of
the Translation Questionnaire (TQ) Form adopted by the OBF.
The modified TQ will be sent to PACIFIC, and PACIFIC will
modify the routing tables for its end offices to accommodate
the treatment of customer calling associated with the
combination of Network Elements and Combinations that CLC is
employing to deliver service. CLC will provide the
Infrastructure Footprint Order and all associated ASR forms.
PACIFIC will accept delivery of the Infrastructure
Provisioning Forms through the ASR process.
The customer specific provisioning order will be based upon
OBF LSR Forms. PACIFIC agrees that the information exchange
will be forms based using the Local Service Request Form, End
User Information Form, Loop Element Form (formerly Loop
Service form), and Switch Element Form (formerly Port Form)
developed by the OBF. Such customer specific elements include,
but are not limited to, the customer loop, the network
interface device, the customer dedicated portion of the local
switch, and any combination thereof.
2.2.2. Initial Systems
Page 2
Attachment 1 1 , Appendix A
PACIFIC will provide CLC, on the schedule specified in Exhibit
1, with an Electronic Interface known as the Network Data
Mover (NDM) for transmitting and receiving Service Requests
and related information such as FOCS, Jeopardies, Rejects, and
Completions. CLC and PACIFIC will translate necessary data
elements used in their internal processes into mutually
agreeable file formats and record layouts. CLC and PACIFIC
will develop a mutually agreeable schedule for transmissions
throughout the day using an agreed upon file transfer
protocol. The Parties will agree upon a method of
communicating this information in an UNE environment if
different than identified above.
2.2.3. Long Term Systems
--------As soon as possible after the Effective Date and in no event
after the "Detailed Specifications Agreed To Date" as set
forth in Exhibit 1, CLC and PACIFIC will use their best
efforts to agree to detailed specifications for upgrading the
ordering information exchange mechanism according to the
Telecommunications Industry Forum (TCIF) for Electronic Data
Interchange (EDI) for the Customer Specific Provisioning
orders. The information exchange will be forms based. CLC and
PACIFIC will use a mutually agreeable X.25 or TCP/IP based
transport network for exchange of transactions. CLC and
PACIFIC will translate ordering and provisioning requests
originating in their internal processes into the agreed upon
forms and EDI transactions. Provided that the "Detailed
Specification Agreed To Date" is met and no additional
specifications or changes in specifications are required by
law, PACIFIC will use its best efforts to implement this
upgrade by the applicable "Start Date" specified on Exhibit 1.
3. Testing and Acceptance
CLC and PACIFIC agree that no interface will be represented as either
generally available or as operational until end-to-end functionality
testing, as agreed to in a Joint Implementation Agreement or other mutually
acceptable document are completed to the satisfaction of both Parties. The
intent of the end-to-end functionality testing is to establish, through the
submission and processing of test scenarios, that transactions agreed to by
CLC and PACIFIC will successfully process, in a timely and accurate manner,
through both Parties' support of OSS as well as the interfaces. PACIFIC
will provide documentation to assure the ability to handle the expected
load, such as system simulation models. The testing will include the use of
mutually agreeable test transactions, designed to represent no less than 95
percent of the transaction types that CLC expects to send and receive
through the interface undergoing end-to-end testing. In addition, CLC and
PACIFIC will establish either a mutually agreeable testing environment or
an audit process sufficient to demonstrate that the interfaces established
between CLC and PACIFIC have the capability and capacity to exchange busy
period transaction volumes reasonably projected to occur during the
forward-looking twelve month period following implementation of the
interface. The test environment or audit process, which ever is utilized,
must validate that PACIFIC can accept and process the anticipated busy
period load without degradation of overall end-to-end performance of the
information exchange delivered to CLC even when other CLC transactions are
simultaneously processed by PACIFIC. Before testing begins, the Parties
will mutually agree upon testing entrance and exit criteria.
Page 3
Attachment 11, Appendix A
4. Joint implementation Agreement Development
CLC and PACIFIC recognize that this Attachment is not sufficient to fully
resolve all technical and operational details related to the interfaces
described. Therefore, CLC and PACIFIC agree to document the additional
technical and operational details in the form of a Joint Implementation
Agreement (JIA). The JIAs for each interface will become a legally binding
addendum to this Attachment. These JIA may be modified over the course of
this Agreement without subjecting the balance of the Agreement to
renegotiation or modification. Both Parties further agree that any
technical, operational or implementation issues, once identified at the
working team level, may be escalated by the initiative of either Party
thirty (30) days after an issue is identified if no plan for resolution has
been agreed to. The escalation will proceed first to the senior management
of each company who will seek to resolve the issue. If an issue is not
resolved within thirty days following receipt of the issue by senior
management, either Party may submit the issue to the dispute resolution
procedures of Attachment 3 for binding resolution. In addition, CLC and
PACIFIC will document both a topical outline for the JIAs as well as
establish a schedule for identifying, discussing, resolving and documenting
resolution of issues related to each aspect of the JIA topical outline for
each interface discussed in this document. In no case, will either end-to-
end integrity testing or load testing begin without both Parties mutually
agreeing that each interface JIA documents the intended operation of the
interface scheduled for testing. Any issues identified and subsequently
resolved through either the end-to-end integrity or load testing processes
will be incorporated into the impacted interface JIA within thirty (30)
days of issue resolution.
Page 4
Attachment 11, Appendix A, Exhibit 1
OPERATION SUPPORT SYSTEMS
-------------------------
Implementation Dates
--------------------
PROCESS INITIAL SYSTEMS START DATE
------- --------------- ----------
Ordering:
--------
Total Service Resale:
Residence Basic RMI/NDM currently available (2/97 - CLC)
Business - S/M Line RMI/NDM currently available (2/97 - CLC)
Directory - stand alone order RMI/NDM currently available (2/97 - CLC)
E911 - stand alone order NENA currently available (2/97 - CLC)
NOTE: Product implementation dates include Directory and E911
Attachment 11, Appendix A, Exhibit 1
OPERATION SUPPORT SYSTEMS
Implementation Dates
PROCESS LONG TERM SYSTEM "DETAILED SPECIFICATION START DATE
AGREED TO BY " DATE
Ordering:
Total Service Resale: ** **
Residence Basic: "As Is", EDI ** **
"As Specified", Changes, EDI ** **
Disconnects, New, Move EDI ** **
Business: S/M Line, PBX trunk EDI ** **
Business: Centrex and ISDN EDI ** **
Directory - stand alone order EDI ** **
E911 - stand alone order NENA currently available currently available
NOTE: Product implementation dates include Directory and E911.
NETWORK ELEMENTS
-Customer Specific: local loop EDI ** **
unbundled local switching, ** **
combined unbundled local ** **
switching and local loop. ** **
-"Footprint" ASR/NDM
*All dates are tentative awaiting Industry Standards. Barring Industry
Standards, the parties will mutually agree upon the dates below or revise dates
as necessary.
**"Detailed Specification Agreed to By Date" and "Start Dates" will be the same
as those made available to other CLCs or, upon dates thereafter, as mutually
agreed by the Parties. Upon request, Pacific will provide its current schedule
OSS implementation dates to
Page ?
Attachment 11, Appendix A, Exhibit 1
OPERATION SUPPORT SYSTEMS
-------------------------
Implementation Dates
--------------------
Pre-Ordering (All Resale and Network Elements)
----------------------------------------------
Feature Availability EDI * *
RACF Nbr. EDI * *
* EDI * *
Address Verify EDI * *
Telephone Number Assign
Basic Exchange EDI * *
Single Line ISDN EDI * *
COPT Lines EDI * *
All Other Products EDI * *
CSRs EDI * *
Appointments Scheduling EDI * *
(New connects, basic exchange,
connects basic local loop)
Centrex Facility Availability EDI * *
Connected Facility Availability EDI * *
(for basic resale or basic loop)
DID Service Inquiry EDI * *
*"Detailed Specification Agreed to By Date" and "Start Dates" will be the
same as those made available to other CLCs or, upon dates thereafter,
as mutually agreed by the Parties. Upon request, Pacific will provide
its current schedule OSS implementation dates to CLC.
ATTACHMENT 12
-------------
MAINTENANCE
-----------
Attachment 12
MAINTENANCE
-----------
1. PACIFIC shall provide repair, maintenance, testing and surveillance for all
Local Services and unbundled Network Elements and Combinations in
accordance with the terms and conditions of this Attachment.
2. PACIFIC and CLC shall mutually agree on appropriate maintenance standards
for all Local Services and unbundled Network Elements and Combinations
ordered under this Agreement. Such maintenance standards shall include,
without limitation, standards for testing, network management, call
gapping, and notification of upgrades as they become available. Such
maintenance standards shall be set forth in Attachment 17 to this
Agreement.
3. Maintenance and Repair Functions
--------------------------------
3.1. Initial Electronic Bonding Interface Functions
Within ninety (90) days of the effective date of this Agreement, the
Parties will meet to agree upon dates and a schedule to implement
EBI, consistent with ATIS industry standards, to enable CLC to
perform any necessary maintenance and repair functions, including the
ability to enter a new trouble ticket into the PACIFIC maintenance
system for a CLC Customer; the ability to retrieve and track current
status on all CLC Customer repair tickets; the ability to schedule
maintenance appointments by day and time on a real-time basis and the
ability to verify that the trouble as been resolved by work completed
on the Customer's premises to the Minimum Point of Entry (MPOE)
(collectively "EBI Functions"). Prior to implementation of EBI,
PACIFIC will offer CLC the use, at CLC's option, of two interim
interfaces for the performance of EBI Functions: (i) an 800 number
and (ii) access to PACIFIC's Service manager (PBSM) system. PACIFIC
will structure these interim interfaces so that CLC will be able to
perform all EBI Functions on an interim basis using the 800 number
and the majority of the EBI using PBSM.
3.2 Additional Maintenance Functions
--------------------------------
Prior to the development of ATIS standards for adding to EBI (a) the
ability to retrieve MLT results, (b) the ability to retrieve
"Dispatch In-Dispatch Out" codes, and (c) the ability to retrieve all
applicable time and material charges at the time of ticket closure
(itemized by customer for each repair incident to show time spent,
nature of trouble, how trouble was resolved, charges for individual
items such as materials, if any, and total charges) (collectively
"Maintenance Functions"), PACIFIC and CLC will mutually agree on a
process to accomplish CLC's request for the Maintenance Functions on
an interim, pre-EBI basis, and the cost, if any, to provide the
Maintenance Functions.
4. EBI Implementation
------------------
4.1. Maintenance and repair information exchange relating to all Local
Services, Network Elements and Combinations provided under this
Agreement will be transmitted over the same interface according to
the same content definition. CLC and PACIFIC will, for the purpose of
exchanging fault management information, establish an EBI, based upon
ANSI standards Tl.227-1995 and Tl.228-1995, and Electronic
Communication
Page 1
Attachment 12
Implementation Committee (ECIC) Trouble Report Format Definition
(TRFD) Number 1 as defined in ECIC document ECIC/TRA/95-003, and all
standards referenced within those documents. The parties agree to
adopt for EBI the functions currently implemented for reporting
access circuit troubles. These functions include Enter Trouble,
Request Trouble Report Status, Add Trouble Information, Modify
Trouble Report Attributes, Trouble Report Attribute Value Change
Notification and Cancel Trouble Report, all of which are fully
explained in clauses 6 and 9 of ANSI T1.228-1995.
4.2. CLC and PACIFIC will exchange requests over a mutually agreeable X.25
based network or, if both CLC's and PACIFIC's platforms are capable,
a mutually agreeable TCP/IP based network may be employed. CLC and
PACIFIC will translate maintenance requests or responses originating
in their internal processes into the agreed upon attributes and
elements. Both parties agree to complete mutually consistent
translations and proceed to systems readiness testing that will
result in a fully operational interface for local service delivery
within a mutually agreed upon schedule. Changes to Network Operations
Forum (NOF), ECIC or T1M1 standards, to the extent local service
maintenance and repair are affected, will be implemented based upon a
mutually agreeable schedule, but in no case will the time for
adoption, including testing of the changes introduced, extend more
than one (1) year beyond the date of initial closure by the relevant
ATIS committee or subcommittee.
5. In the event a PACIFIC employee misses a scheduled repair appointment on
behalf of CLC, PACIFIC will notify CLC within one (1) hour of the missed
appointment, either by EBI or by telephone.
6. PACIFIC technicians shall provide repair service to CLC Customers that is
equal in quality to that provided to PACIFIC customers. Trouble calls from
CLC shall receive response time priority that is at least equal to that of
PACIFIC customers and shall be handled on a "first come first served" basis
regardless of whether the customer is a CLC Customer or a PACIFIC customer.
Prior to EBI, CLC may ask PACIFIC to reprioritize a CLC customer trouble
report among CLC's other customer trouble reports and PACIFIC will
reprioritize CLC's various customer reports as requested by CLC, if
possible.
7. PACIFIC shall provide CLC with the same scheduled and non-scheduled
maintenance, including, without limitation, required and recommended
maintenance intervals and procedures, for all Local Services, Network
Elements and Combinations provided to CLC under this Agreement that it
currently provides for the maintenance of its own network. PACIFIC shall
provide CLC at least ten (10) business days advance notice of any scheduled
maintenance activity which may impact CLC Customers. Scheduled maintenance
shall include, without limitation, such activities as switch software
retrofits, power tests, major equipment replacements and cable rolls.
Plans for scheduled maintenance shall include, at a minimum, the following
information: location and type of facilities, specific work to be
performed, date and time work is scheduled to commence, work schedule to be
followed, date and time work is scheduled to be completed and estimated
number of work-hours for completion.
8. PACIFIC shall advise CLC of non-scheduled maintenance, testing, monitoring,
and surveillance activity to be performed by PACIFIC on any Network
Element, including, without limitation, any hardware, equipment, software,
or system providing service functionality which may potentially impact CLC
Customers. PACIFIC shall provide the maximum advance notice of such
nonscheduled maintenance and testing activity possible, under the
circumstances; provided, however, that PACIFIC shall provide emergency
maintenance as promptly as possible to maintain or restore service and
shall advise CLC promptly of any such actions it takes.
Page 2
Attachment 12
9. PACIFIC shall provide CLC with a detailed description of any and all
emergency restoration plans and disaster recovery plans, however
denominated, which are in place during the term of this Agreement. Such
plans shall include, at a minimum, the following: (i) procedures for prompt
notification to CLC of the existence, location, and source of any emergency
network outage potentially affecting a CLC Customer, via the EBI to be
established pursuant to Sections 3 and 4; (ii) establishment of a single
point of contact responsible for initiating and coordinating the
restoration of all Local Services and Network Elements or Combinations;
(iii) methods and procedures to provide CLC with real-time access to
information relating to the status of restoration efforts and problem
resolution during the restoration process; (iv) methods and procedures for
reprovisioning of all Local Services and Network Elements or Combinations
after initial restoration; (v) equal priority, as between CLC Customers and
PACIFIC customers, for restoration efforts, consistent with FCC Service
Restoration guidelines, including, without limitation, deployment of repair
personnel, and access to spare parts and components; and (vi) a mutually
agreeable process for escalation of maintenance problems, including a
complete, up-to-date list of responsible contacts, each available twenty-
four (24) hours per day, seven (7) days per week. Said plans shall be
modified and up-dated as needed.
10. PACIFIC and CLC shall establish mutually acceptable methods and procedures
for referring callers to the 800/888 number supplied by the other Party for
purposes of receiving misdirected calls from customers requesting repair.
11. PACIFIC's Interconnection Service Center (ISC) shall conform to the
performance and service quality standards set forth in Attachment 17 when
providing repair and maintenance to CLC and CLC Customers under this
Agreement.
11.1. If service is provided to CLC Customers before EBI is established
between CLC and the PACIFIC, CLC will transmit its repair calls to
the PACIFIC ISC by telephone.
11.2. ISC, and Electronic Bonding, once deployed, shall be on-line and
operational and the interim interfaces described in Section 3
preceding shall be operational twenty-four (24) hours per day, seven
(7) days per week.
11.3. Progress reports and status of repair efforts shall be available to
CLC through EBI. On an interim basis before implementation of EBI,
PACIFIC shall provide progress reports and status of repair efforts
to CLC via an 800 number supplied by PACIFIC or PBSM, at CLC's
option.
11.4. Within thirty (30) days after the execution of this Agreement,
PACIFIC shall provide CLC with written escalation procedures to be
followed if, in CLC's reasonable judgment, any individual trouble
ticket or tickets are not resolved in a timely manner. Resolution
shall be deemed untimely if delayed beyond PACIFIC's best practices
for resolution of troubles reported by PACIFIC's own customers. The
escalation procedures to be provided hereunder shall include names
and telephone numbers of PACIFIC management personnel who are
responsible for maintenance issues.
11.5. In the event PACIFIC shall fail to conform to the performance
standards in Attachment 17, CLC may request, and PACIFIC shall
perform an analysis of the reason behind PACIFIC's failure to
conform, and PACIFIC shall correct said cause as soon as reasonably
practical, at its own expense.
11.6. Maintenance charges for premises visits by PACIFIC technicians shall
be billed by CLC to its Customer, and not by PACIFIC. All forms,
business cards or other materials
Page 3
Attachment 12
furnished by PACIFIC technicians to CLC Customers will contain no
brand. If the CLC Customer is not at home when the PACIFIC technician
arrives, the PACIFIC technician shall leave on the premises "not-at-
home" cards that are unbranded but include a contact number for CLC.
The PACIFIC technician will not leave on the premises a PACIFIC-
branded "not-at-home" card".
11.7. Dispatching of PACIFIC technicians to CLC Customer premises shall be
accomplished by PACIFIC pursuant to a request received from CLC.
Page 4
Attachment 12 - Appendix A
CATEGORY I EQUIPMENT AND/OR FACILITY FAILURES AFFECTING CUSTOMER
SERVICE.
Types of Customer CATEGORY I BROADBAND
Service Quality Frame Relay - A failure of one or more channelized T1
Failure Reports and carrier systems or two or more non-channelized Tl
Criteria carrier systems.
ATM - A failure of one OC3 or two DS3s.
SMDS - A failure of one DS3 or four Tls.
Packet Switching - Any failure of an access module (AM)
or resource module (RM).
CATEGORY I NARROWBAND
5 Xx xxxxxxx systems (120 or more voice grade channels)
failure or more voice grade radio channels failure.
A community isolation.
E911
A transport equipment failure that isolates a central office
from the E911 network. (Local switch to the tandem e.g. DACS,
OC12, DEXCS failure, etc.)
A transport equipment failure that isolates a Public Safety
Answering Point (PSAP) from the E911 tandem.
A transport equipment failure that results in the loss of 25%
or more of the trunks/circuits (aggregate) from an E911
tandem to the PSAPs served by that tandem.
CATEGORY I CABLE
Local - 200 or more working pairs are affected.
Toll - 120 or more interoffice trunks are affected.
Fiber - Any working fiber providing customer service that
fails without protection.
E911
A transport cable failure that isolates a central office from
the E911 network. (Local switch to the E911 tandem)
A transport cable failure that isolates a PSAP from the E911
tandem.
A transport cable failure that results in the loss of 25% or
more of the trunks/circuits (aggregate from an E911 tandem to
the PSAPs served by that tandem.
Page 1
Attachment 12 - Appendix A
CATEGORY I EQUIPMENT AND/OR FACILITY FAILURES AFFECTING CUSTOMER
SERVICE.
CATEGORY I SWITCHING MACHINES
Any switch congestion that results in 40% or more dial tone
delay lasting 15 minutes or longer.
Complete loss of inward and/or outward call processing
capability from a central office lasting 5 minutes or longer.
Any service interruption resulting in 50 or more customer
reports.
A duplex connectivity failure to the SS7 network, e.g.
MSB7/LPP frame, link set, CNI, etc.
Loss of interoffice calling from more than 10 minutes.
An FYI report should be filed anytime a central office has
been on battery power greater than 30 minutes, when it is not
part of a routine test.
E911
A central office isolated from the E911 network for 15
minutes or longer. Loss of 25% or more of the trunking
capability from an E911 tandem to the PSAPs it serves for 15
minutes or longer (e.g. translations, trunk frame failure,
etc.).
A PSAP isolation from the E911 network for 15 minutes or
longer (e.g. translations, trunking problem, etc.)
CATEGORY I COMMUNITY ISOLATION
A community isolation occurs when no incoming or outgoing
toll service is available and the community is cut off from
the outside world by rural geography. A central office
failure within a metropolitan area is not considered a
community isolation since the community can more easily reach
phone service in the adjacent central office serving area.
CATEGORY I MEDIA INTEREST
Any interruption or outage that may cause public or news
media attention.
CATEGORY I TANDEM/TOPS
Failures or potential loss of call completions/processing.
Failures affecting Operator Service capabilities.
CATEGORY I SS7
Loss of mated pair of STP or SCP. Any SS7 failure causing 50
customer reports from a single central office or 100
customer reports from several central offices within a
maintenance center.
CATEGORY I PUBLIC SAFETY/SERVICE AGENCIES
Federal Government, equipment or facility affecting 5 or more
military special communications, isolations of FAA location
or air ground facilities. State and local agencies
interruptions seriously affecting service to police, fire
departments, hospitals, press, military, and PBSs.
Page 2
ATTACHMENT 13
-------------
CONNECTIVITY BILLING AND RECORDING
----------------------------------
Attachment 13
TABLE OF CONTENTS
-----------------
CONNECTIVITY BILLING AND RECORDING............................................ 1
1. General............................................................. 1
2. Billing Format...................................................... 1
3. Billable Information And Charges.................................... 1
4. Meet Point Billing.................................................. 3
5. Collocation......................................................... 5
6. Mutual Compensation................................................. 5
7. Issuance of Connectivity Bills - General............................ 5
8. Electronic Transmissions............................................ 6
9. Tape or Paper Transmissions......................................... 6
10. Testing Requirements................................................ 8
11. Xxxx Accuracy Certification......................................... 8
12. Additional Requirements............................................. 8
13. Payment Of Charges.................................................. 9
14. Billing Disputes.................................................... 9
15. Late Payment Charges................................................10
16. Adjustments.........................................................10
17. Recording Of Call Information.......................................11
18. No Netting of Amounts Due...........................................11
Appendix A:
Pre-Xxxx Certification Operating Agreement
Appendix B:
Schedule For Agreement on Specifications for Electronic Transmission
and Start Date for Implementation of Transmission Method
Page i
Attachment 13
CONNECTIVITY BILLING AND RECORDING
----------------------------------
1. General
-------
This Attachment describes the requirements for PACIFIC to xxxx and record
all charges CLC incurs for purchasing Local Services for resale and for
Network Elements and combinations, and describes the requirements for
PACIFIC and CLC to xxxx and record all charges incurred to provide Meet
Point Billing and Mutual Compensation. In addition to the terms and
conditions set forth in this Attachment 13, CLC and PACIFIC will use their
best efforts to complete and sign a Pre-Xxxx Certification Operating
Agreement, which, when executed by both Parties, will become Appendix A to
this Attachment 13. The performance measurements applicable to
Connectivity Billing and Recording are set forth in Attachment 17.
2. Billing Format
--------------
PACIFIC shall use a phased approach to introduce billing through CABS for
Network Elements and Combinations provided to CLC under this Agreement. The
services for local resale may remain in XXXX. PACIFIC agrees to complete
the conversion of CABS billing in a time frame mutually agreed to by the
Parties.
2.1 Each Party agrees to deliver billing information in the CABS format or
a format mutually agreed to and implemented by the Parties. Each
reference to CABS in this Attachment 13 shall be understood prior to
the date of CABS conversion to refer to the applicable preCABS billing
system. Each reference to CABS in this Attachment 13 shall be
understood as of the date of CABS conversion to refer to CABS.
3. Billable Information And Charges
--------------------------------
3.1 PACIFIC currently uses FABS, XXXX and CABS to xxxx the Network
Elements, Local Services and Combinations that CLC plans to purchase.
PACIFIC intends to xxxx CLC for Network Elements and Combinations in a
CABS billing format. PACIFIC will not migrate charges from XXXX or
FABS where the cost of transferring the billed services do not justify
PACIFIC incurring the expense, for example, grandfathered services.
Any reference to CABS billing in this Attachment shall only apply to
the extent that PACIFIC has migrated the billing for a Network Element
or Combination to the CABS billing system.
3.2 PACIFIC will xxxx and record in accordance with this Attachment those
charges CLC incurs as a result of CLC purchasing from PACIFIC Network
Elements, Combinations and Local Services, as set forth in this
Agreement (hereinafter "Connectivity Charges"). The Parties agree
that, except as expressly provided in this Attachment, CABS or
predecessor billing systems will comply with OBF standards.
3.3 Each xxxx for Connectivity Charges (hereinafter "Connectivity Xxxx")
shall be formatted in accordance with CABS, XXXX or FASS, as
appropriate. Each Element, Combination, or Local Service, purchased
by CLC shall be assigned a separate and unique billing code in the
form agreed to by the Parties and such code shall be provided to CLC
on each Connectivity Xxxx in which charges for such Elements,
Combinations, or Local Services appear. Each such billing code shall
enable CLC to identify the Element(s), or Combinations and Options as
described in Attachment 11 to this Agreement ordered by CLC, or Local
Services ordered or utilized by CLC in which Connectivity Charges
apply
Page 1
Attachment 13
pursuant to this Agreement. Each Connectivity Xxxx shall set forth the
quantity and description of each such Element, Combination, or Local
Service provided and billed to CLC. All Connectivity Charges billed to
CLC must indicate the state from which such charges were incurred.
3.4 PACIFIC shall provide CLC monthly CABS Connectivity Bills that include
all Connectivity Charges incurred by and credits and/or adjustments
due to CLC for those Elements or Combination thereof established,
utilized, discontinued or performed pursuant to this Agreement. Each
Connectivity Xxxx provided by PACIFIC to CLC shall include: (1) all
non-usage sensitive charges incurred for the period beginning with the
day after the current xxxx date and extending to, and including, the
next xxxx date, (2) any known unbilled non-usage sensitive charges for
prior periods, (3) unbilled usage sensitive charges for the period
beginning with the last xxxx date and extending up to, but not
including, the current xxxx date, (4) any known unbilled usage
sensitive charges for prior periods, and (5) any known unbilled
adjustments.
3.5 The Xxxx Date, as defined herein, must be present on each xxxx
transmitted by PACIFIC to CLC.
3.6 Subject to Section 3.6.4 and 3.6.5, PACIFIC shall not provide any
Connectivity Bills to CLC containing charges for messages that were
delivered any later than the following dates:
3.6.1. Sixty (60) days following the recording date for all resale
usage and LSNE usage, except for calls requiring data
exchange with third party carriers, e.g., intraLATA O+ calls
made within another state, which calls are subject to Section
3.6.2.
3.6.2. One hundred twenty (120) days following the recording date for
calls requiring data exchange with third party carriers.
3.6.3. For all other Network Elements, Combinations and all Non-Usage
resale or LSNE charges, PACIFIC shall not provide any
Connectivity Xxxx to CLC containing charges that were
incurred:
3.6.3.1. For the first year of this Agreement, more than six (6)
months from the date the charges were incurred.
3.6.3.2. Beginning with the second year of the contract, more
than one hundred twenty (120) days from the date the
charges were incurred.
3.6.3.3. The time limits set forth in Section 3.6. are effective
immediately.
3.6.3.4. If any billing error is identified, quantified and
communicated in writing by PACIFIC to CLC within the
time periods set forth in Sections 3.6.3 above after
Connectivity Charges are incurred, PACIFIC will have a
maximum of sixty (60) additional days after the
otherwise applicable date under Section 3.6.3 to render
correct Connectivity Bills therefor.
3.6.4. No payment shall be due from CLC for any Connectivity Xxxx
received by CLC from PACIFIC that fails to meet the timeliness
requirements of Sections 3.6.1
Page 2
Attachment 13
through 3.6.5 of this Attachment, provided that CLC continues
to participate in the Pre-Xxxx Certification Procedures
described in Appendix A to this Attachment.
3.6.5. On each xxxx where "Jurisdiction" is identified, local and
local toll charges shall be identified as "Local" and not as
interstate, interstate/ interLATA, intrastate, or
intrastate/intraLATA.
3.7. PACIFIC shall xxxx CLC for each Element, Combination thereof, or
Local Service, supplied by PACIFIC to CLC pursuant to this Agreement
at the rates set forth in Attachment 8. PACIFIC will xxxx CLC based
on the actual Connectivity Charges incurred, provided, however, for
those usage-based Connectivity Charges where actual charge
information is not determinable by PACIFIC because the jurisdiction
(i.e., interstate, interstate/interLATA, intrastate,
intrastate/intraLATA, local) of the traffic is unidentifiable, the
parties will jointly develop a process to determine the appropriate
charges.
3.8. Except as otherwise specified in this Attachment, each party shall be
responsible for all costs and expenses it incurs in complying with
its obligations under this Attachment. CLC will be responsible for
the development, modification, technical installation and maintenance
of any systems or other infrastructure which CLC requires to comply
with and to continue complying with its responsibilities and
obligations under this Agreement. PACIFIC shall be responsible for
any development, modification, technical installation and maintenance
of any systems or infrastructure which PACIFIC requires to comply
with and to continue complying with this Agreement, subject to the
Act, regulations thereunder and relevant FCC or Commission decisions.
Each Party shall provide the other Party at no additional charge a
contact person for the handling of any Connectivity Billing questions
or problems that may arise during the implementation and performance
of the terms and conditions of this Attachment.
4. Meet Point Billing
------------------
4.1. CLC and PACIFIC will establish meet-point billing ("MPB")
arrangements for jointly provided switched access to an IEC, in
accordance with the Meet Point Billing guidelines adopted by and
contained in the OBF's MECAB and MECOD documents, except as modified
herein. Both Parties will use their best reasonable efforts,
individually and collectively, to maintain provisions in their
respective federal and state access tariffs, and provisions within
the National Exchange Carrier Association ("NECA") Xxxxxx Xx. 0, or
any successor tariff to reflect the MPB arrangements identified in
this Agreement, in MECAB and in MECOD.
4.2. CLC and PACIFIC will implement the "Multiple Xxxx/Single Tariff"
option or a mutually agreed upon billing arrangement in order to xxxx
any interexchange carrier ("IXC") for that portion of the network
elements provided by CLC or PACIFIC. For all traffic carried over the
MPB arrangement, CLC and PACIFIC shall each xxxx the IEC for its own
portion of the applicable elements.
4.3. Each Party shall provide the billing name, billing address, and
carrier identification code ("CIC") of the IXCs that may utilize any
portion of CLC's network in a CLC/PACIFIC MPB arrangement in order to
comply with the MPB Notification process as outlined in the MECAB
document. Each Party will be entitled to reject a record that does
not contain a CIC code. Such information shall be provided by each
Party to the other Party in the format and via the medium that the
Parties agree.
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Attachment 13
4.4. The Parties agree to comply with the currently effective MECAB
guidelines as mutually adopted by the Parties from time to time.
4.5. The Parties further agree that in those MPB situations where one
Party sub-tends the other Party's access tandem, the Party providing
the access tandem is only entitled to xxxx the access tandem fee and
any associated local transport charges. The Parties also agree that
the Party who provides the end office switching is entitled to xxxx
end office switching fees, local transport charges, RIC and CCL
charges, as appropriate, and such other applicable charges.
4.6. PACIFIC and CLC will record and transmit MPB information in
accordance with the standards and in the format set forth in this
Attachment. PACIFIC and CLC will coordinate and exchange the billing
account reference ("BAR") and billing account cross reference
("BACR") numbers for the MPB arrangements described in this
Agreement. Each Party will notify the other if the level of billing
or other BAR/BACR elements change, resulting in a new BAR/BACR
number.
4.7. The secondary billing company will provide to the initial billing
company any necessary AMA records (in standard EMR format) within
fourteen (14) days of the recording date. The Initial billing
company will provide the secondary billing company the necessary
summary records with fourteen (14) days of the initial company's
xxxx date.
4.8. If MPB data is not submitted by either Party within the period set
forth in Section 4.7, or is not in the proper format as set forth in
this Agreement, and if as a result the other Party is delayed in
billing the IXC for the appropriate charges it incurs, the delaying
Party shall pay the other Party a late MPB data delivery charge
which will be the total amount of the delayed charges times the
highest interest rate (in decimal value) which may be levied by law
for commercial transactions, compounded daily for the number of days
from the date the MPB charges should have been received to and
including the date the MPB charge information is actually received.
4.9. Failure of secondary billing company to provide the necessary AMA
records (in standard EMR format) within 60 days of the recording
date, or of the initial billing company to provide the necessary
summary records within 60 days of the initial billing company's xxxx
date, will result in the Party failing to deliver the data to be
liable to the other Party for any charges the other Party is unable
to xxxx the IEC.
4.10. Errors in MPB data exchanged by the Parties may be discovered by
CLC, PACIFIC or the billable IXC. Both CLC and PACIFIC agree to
provide the other Party with notification of any discovered errors
within ten (10) business days of the discovery. The other Party
shall correct the error within twenty (20) business days of
notification and resubmit the data. In the event the errors cannot
be corrected within the time period specified above, the erroneous
data shall be considered lost. If either Party fails to provide MPB
data due to loss, uncorrectable errors or otherwise, the Parties
shall follow the procedures set forth in Attachment 14, Section 6,
for compensation of lost, damaged or destroyed Recorded Usage Data
and compensate the other for the lost MPB billing data.
4.11. Both Parties will provide the other a single point of contact to
handle any MPB questions.
Page 4
Attachment 13
5. Collocation
-----------
When CLC collocates with PACIFIC in LEC's facility as described in this
Agreement, capital expenditures (e.g., costs associated with building the
"cage"), shall not be included in the Connectivity Xxxx provided to CLC
pursuant to this Attachment. All such capital expenses shall be billed
through FABS, identified as capital expense charges and given a unique and
consistent BAN. All invoices for capital expenses shall be sent to the
location specified by CLC for payment. All other non-capital recurring
collocation expenses shall be billed to CLC in accordance with this
Agreement. The CABS Billing Output Specifications ("BOS") documents provide
the guidelines on how to xxxx the Connectivity Charges associated with
collocation. The xxxx label for those collocation charges shall be entitled
"Expanded Interconnection Service."
6. Mutual Compensation
-------------------
The Parties shall xxxx each other call termination charges for local
exchange traffic, using a CABS like format, in accordance with the
standards set forth in this Agreement for traffic terminated to the other
Party's customer, where both such customers bear NPA-NXX designations
associated with the same LATA or other authorized area (e.g., extended area
service zones in adjacent local calling areas). Where required, such
traffic shall be recorded and transmitted to CLC in accordance with this
Attachment. Further, the traffic exchanged pursuant to this Attachment
shall be measured in billing minutes of use and shall be in actual
conversation seconds. The total conversation seconds per chargeable traffic
type will be totaled for the entire monthly billing cycle and then rounded
to the next whole conversation minute. Reciprocal compensation for the
termination of this traffic shall be charged at rates specified in
Attachment 18 to this Agreement.
7. Issuance of Connectivity Bills - General
----------------------------------------
7.1. PACIFIC and CLC will issue all CABS Connectivity Bills in accordance
with the terms and conditions set forth in this Section.
7.2. PACIFIC and CLC will establish monthly billing dates ("Xxxx Date")
for each Billing Account Number ("BAN") or Billed Telephone Number
("BTN") (collectively referred to as "Account Number"), as further
defined in the CABS documents, which Xxxx Date shall be the same day
month to month. Each Account Number shall remain constant from month
to month, unless changed as agreed to by the Parties. Each Party
shall provide the other Party at least thirty (30) calendar days
written notice prior to changing, adding or deleting a Account
Number. The Parties will provide one Connectivity Billing invoice
associated with each Account Number.
7.3. All Connectivity Bills must be received by the other Party no later
than ten (10) calendar days from Xxxx Date and at least twenty (20)
calendar days prior to the payment due date (as described in this
Attachment), whichever is earlier. Any Connectivity Xxxx received on
a Saturday, Sunday or a day designated as a holiday by the Chase
Manhattan Bank of New York (or such other bank as CLC shall specify)
will be deemed received the next business day. If either Party fails
to receive Connectivity Billing data and information within the time
period specified above, the payment due date will be extended by the
number of days the Connectivity Xxxx is late.
7.4. PACIFIC and CLC shall issue all CABS Connectivity Bills containing
such billing data and information in accordance with CABS Version
26.0, or such later versions of CABS as are published by Bellcore, or
its successor and implemented by PACIFIC or CLC, except that if the
Parties enter into a meet-point billing arrangement, such
Connectivity Billing data
Page 5
Attachment 13
and information shall also conform to the standards set forth in the
MECAB document, or such later versions as are adopted by OBF, or its
successor. To the extent that there are no CABS or MECAB standards
governing the formatting of certain data, such data shall be issued
in the format mutually agreed by the Parties.
7.5. Each Party will provide the other Party written notice of which
Connectivity Bills are to be deemed the official bills to assist the
Parties in resolving any conflicts that may arise between the
official bills and other bills received via a different media which
purportedly contain the same charges as are on the official xxxx. If
either Party requests an additional copy(ies) of a xxxx, such Party
shall pay the other Party a reasonable fee per additional xxxx copy
as set forth in applicable tariffs or as mutually agreed, unless such
copy was requested due to errors, omissions, or corrections or the
failure of the transmission to comply with the specifications set
forth in this Agreement.
7.6. To avoid transmission failures or the receipt of Connectivity Billing
information that cannot be processed, the Parties shall provide each
other with their respective process specifications and edit
requirements. CLC shall comply with PACIFIC's processing
specifications when CLC transmits Connectivity Billing data to
PACIFIC. PACIFIC shall comply with CLC's processing specifications
when PACIFIC transmits Connectivity Billing data to CLC. CLC and
PACIFIC shall provide each other reasonable notice if a Connectivity
Billing transmission is received that does not meet such Party's
specifications or that such Party cannot process. Such transmission
shall be corrected and resubmitted to the other Party, at the
resubmitting Party's sole expense, in a form that can be processed.
The payment due date for such resubmitted transmissions will be
twenty (20) days from the date that the transmission is received in a
form that can be processed and that meets the specifications set
forth in this Attachment.
8. Electronic Transmissions
------------------------
8.1. PACIFIC and CLC agree that each Party will transmit CABS Connectivity
Billing information and data in the CABS format electronically via
Connect:Direct (formerly known as Network Data Mover) to the other
Party at the location specified by such Party. The Parties agree that
a T1.5 or 56kb circuit to Gateway for Connect:Direct is required.
CLC data centers will be responsible for originating the calls for
data transmission via switched 56kb or T1.5 lines. If PACIFIC has an
established Connect:Direct link with CLC, that link can be used for
data transmission if the location and applications are the same for
the existing link. Otherwise, a new link for data transmission must
be established. PACIFIC must provide CLC its Connect:Direct Node ID
and corresponding VTAM APPL ID before the first transmission of data
via Connect:Direct. CLC's Connect:Direct Node ID and VTAM APPL ID
must be provided to PACIFIC and included in PACIFIC's Connect:Direct
software. CLC will supply to PACIFIC its RACF ID and password before
the first transmission of data via Connect:Direct. Any changes to
either Party's Connect:Direct Node ID must be sent to the other Party
no later than twenty-one (21) calendar days before the changes take
effect.
8.2. The CABS Connectivity Billing information and data will be sent using
the current OBF format implemented by mutual agreement of both
Parties.
9. Tape or Paper Transmissions
---------------------------
9.1. In the event either Party does not have Connect:Direct capabilities
upon the effective date of this Agreement, such Party agrees to
establish Connect:Direct transmission
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Attachment 13
capabilities with the other Party within the time period mutually
agreed and at the establishing Party's expense. Until such time, the
Parties will transmit billing information to each other via magnetic
tape or paper (as agreed to by CLC and PACIFIC). Connectivity billing
information and data contained on magnetic tapes or paper for payment
shall be sent to the Parties at the following locations. The Parties
acknowledge that all tapes transmitted to the other Party via U.S.
Mail or Overnight Delivery and which contain Connectivity Billing
data will not be returned to the sending Party.
For Local Resale Bills: For UNE Bills:
CLC CLC
Revenue Assurance Focal Revenue Assurance Focal
Communications Corporation Communications Corporation
000 X. Xx Xxxxx Xxxxxx, Xxxxx 000 000 X. Xx Xxxxx Xxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxx 00000 Xxxxxxx, Xxxxxxxx 00000
9.2. Each Party will adhere to the tape packaging requirements set forth
in this subsection. Where magnetic tape shipping containers are
transported in freight compartments, adequate magnetic field
protection shall be provided by keeping a typical 6-inch distance
from any magnetic field generating device (except a magnetron-tape
device). The Parties agree that they will only use those shipping
containers that contain internal insulation to prevent damage. Each
Party will clearly xxxx on the outside of each shipping container its
name, contact and return address. Each Party further agrees that it
will not ship any Connectivity Billing tapes in tape canisters.
9.3. All billing data transmitted via tape must be provided on a cartridge
(cassette) tape and must be of high quality, conform to the Parties'
record and label standards, 9-track, odd parity, 6250 BPI, group
coded recording mode and extended binary-coded decimal interchange
code ("EBCDIC"). Each reel of tape must be 100% tested at 20% or
better "clipping" level with full width certification and permanent
error free at final inspection. CLC reserves the right to destroy a
tape that has been determined to have unrecoverable errors. CLC also
reserves the right to replace a tape with one of equal or better
quality.
9.4. Billing data tapes shall have the following record and label
standards. The dataset serial number on the first header record of an
IBM standard tape label also shall have the following format.
CABS BOS
Record Length 225 bytes (fixed length)
Blocking Factor 84 records per block
Block size 18,900 bytes per block
Labels Standard IBM Operating
System
9.5. A single 6-digit serial number must appear on the external (flat)
surface of the tape for visual identification. This number shall also
appear in the "dataset serial number field" of the first header
record of the IBM standard tape label. This serial number shall
consist of the character "V" followed by the reporting location's
four digit Originating Company Code and a numeric character chosen by
the sending company. The external and internal label shall be the
same. The dataset name shall appear on the flat side of the reel and
also in the "data set name field" on the first header record of the
IBM standard
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Attachment 13
tape label. PACIFIC's name, address, and contact shall appear on the
flat side of the cartridge or reel.
9.6. All labeling of tapes shall comply with OBF standards.
10. Testing Requirements
10.1. At least thirty (30) days prior to any billing system change there
will be a thirty day test period to ensure that bills can be
processed by the Parties.
10.2. For CLC, PACIFIC will send CLC a mechanized CABS Connectivity Xxxx
for the first time via electronic transmission, or tape, or at least
thirty (30) days prior to changing mechanized formats, PACIFIC shall
send to CLC Connectivity Xxxx data in the appropriate mechanized
format for testing to ensure that the bills can be processed and that
the bills comply with the requirements of this Attachment. PACIFIC
shall also provide to CLC's Company Manager, PACIFIC's originating or
state level company code so that it may be added to CLC's internal
tables at least thirty (30) calendar days prior to testing or a
change in the PACIFIC's originating or state level company code. CLC
will notify PACIFIC within the time period agreed to by the Parties
if Connectivity Billing transmission fails to meet CLC's testing
specifications. PACIFIC shall make the necessary corrections within
the time period agreed to with CLC to ensure that billing
transmissions meet CLC's testing specifications. PACIFIC shall not
send CLC a mechanized Connectivity Xxxx (except for testing) until
such bills meet CLC's testing specifications. If PACIFIC meets CLC's
testing specifications, PACIFIC may begin sending CLC mechanized
Connectivity Bills on the next Xxxx Date, or within ten (10) days,
whichever is later.
10.3. During the testing period, PACIFIC shall transmit to CLC Connectivity
Billing data and information via paper transmission. Test tapes shall
be sent to CLC per Section 9.1.
11. Xxxx Accuracy Certification
The Parties agree that in order to ensure the proper performance and
integrity of the entire Connectivity Billing process, the sending Party is
responsible and accountable for transmitting to the receiving Party an
accurate and current xxxx. PACIFIC agrees to implement control mechanisms
and procedures to render a xxxx that accurately reflects the Network
Elements, Combination and Local Services ordered and used by CLC. These
processes and methodology will be set forth in a Pre-Xxxx Certification
Operating Agreement and will be attached to this Attachment 13 as Appendix
A. CLC will provide, under separate cover, its draft proposal of the Xxxx
Certification procedures for Local Resale.
12. Additional Requirements
PACIFIC agrees that if it transmits data to CLC in a mechanized format,
PACIFIC will also comply with the following specifications which are not
contained in CABS guidelines but which are necessary for CLC to process
Connectivity Billing information and data:
. The BAN shall not contain embedded spaces or low values.
. The Xxxx Date shall not contain spaces or non-numeric values.
. Each Connectivity Xxxx must contain at least one detail record.
. Any "From" Date should be less than the associated "Thru" Date and
neither date can contain spaces.
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Attachment 13
. The Invoice Number must not have embedded spaces or low values.
13. Payment Of Charges
13.1. Subject to the terms of this Agreement, CLC and PACIFIC will pay each
other within thirty (30) calendar days from the Xxxx Date, or twenty
(20) calendar days from the receipt of the xxxx, whichever is later.
For bills rendered by PACIFIC in the XXXX format, CLC will pay
PACIFIC within thirty (30) calendar days from the Xxxx Date or twenty
(20) calendar days from the receipt of the xxxx, whichever is later.
If the payment due date is a Sunday or is a Monday that has been
designated a bank holiday by the Chase Manhattan Bank of New York (or
such other bank as CLC specifies), payment will be made the next
business day. If the payment due date is a Saturday or is on a
Tuesday, Wednesday, Thursday or Friday that has been designated a
bank holiday by the Chase Manhattan Bank of New York (or such other
bank as CLC specifies), payment will be made on the preceding
business day.
13.2. Payments shall be made in U.S. Dollars via electronic funds transfer
("EFT") to the other Party's bank account. At least thirty (30) days
prior to the first transmission of Connectivity Billing data and
information for payment, PACIFIC and CLC shall provide each other the
name and address of its bank, its account and routing number and to
whom Connectivity Billing payments should be made payable. If such
banking information changes, each Party shall provide the other Party
at least sixty (60) days written notice of the change and such notice
shall include the new banking information. CLC will provide PACIFIC
with one address to which such payments shall be rendered and PACIFIC
will provide to CLC with only one address to which such payments
shall be rendered. In the event CLC receives multiple Connectivity
Bills from PACIFIC which are payable on the same date, CLC may remit
one payment for the sum of all Connectivity Bills payable to
PACIFIC's bank account specified in this subsection. Each Party shall
provide the other Party with a contact person for the handling of
Connectivity Billing payment questions or problems.
14. Billing Disputes
14.1 Each Party agrees to notify the other Party upon the discovery of a
billing dispute. In the event of a billing dispute, the Parties will
endeavor to resolve the dispute within sixty (60) calendar days of
the Xxxx Date on which such disputed charges appear. Resolution of
the dispute is expected to occur at the first level of management
resulting in a recommendation for settlement of the dispute. The
month being closed represents those Connectivity Charges that were
billed or should have been billed by the respective Xxxx Date. If the
issues are not resolved within the allotted time frame, the following
resolution procedure will begin:
14.1.1. If the dispute is not resolved within sixty (60) days of the
Xxxx Date, the dispute will be escalated to the second level
of management for each of the respective Parties for
resolution.
14.1.2. If the dispute is not resolved within ninety (90) days of the
Xxxx Date, the dispute will be escalated to the third level
of management for each of the respective Parties for
resolution.
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Attachment 13
14.1.3. If the dispute is not resolved within one hundred and twenty
(120) days of the Xxxx Date, the dispute will be escalated to
the fourth level of management for each of the respective
Parties for resolution.
14.1.4. If the dispute is not resolved within one hundred and fifty
(150) days of the Xxxx Date, the dispute will be resolved in
accordance with the alternative dispute resolution procedures
set forth in Attachment 3.
14.1.5. If a Party disputes a Connectivity Charge and does not pay
such charge by the payment due date, such charges shall be
subject to late payment charges as set forth in the Late
Payment Charges provision of this Attachment. If a Party
disputes Connectivity Charges and the dispute is resolved in
favor of such Party, the other Party shall credit the
Connectivity Xxxx of the disputing Party for the amount of the
disputed charges along with any late payment charges assessed
no later than the second Xxxx Date after the resolution of the
dispute. Accordingly, if a Party disputes Connectivity Charges
and the dispute is resolved in favor of the other Party, the
disputing Party shall pay the other Party the amount of the
disputed charges and any associated late payment charges
assessed no later than the second xxxx payment due date after
the resolution of the dispute. In no event, however, shall any
late payment charges be assessed on any previously assessed
late payment charges.
15. Late Payment Charges
If either Party fails to remit payment for any Connectivity Charges
described in this Attachment by the payment due date, or if a payment or
any portion of a payment is received by either Party after the payment due
date, or if a payment or any portion of a payment is received in funds
which are not immediately available to the other Party, then a late payment
penalty shall be assessed. The late payment charge shall be calculated
based on the applicable tariffs of the billing Party, and the portion of
the payment not received by the payment date times the highest interest
rate (in decimal value) which may be levied by law for commercial
transactions, compounded daily for the number of days from the payment date
to and including the date that payment is actually made. In no event,
however, shall interest be assessed on any previously assessed late payment
charges.
16. Adjustments
16.1 Subject to the terms of this Attachment and Attachment 17, PACIFIC
will debit or credit CLC for incorrect Connectivity Billing charges;
overcharges; Local Services Elements, or any Combination thereof,
ordered or requested but not delivered; interrupted Local Services
associated with any Element, or combination thereof; ordered or
requested Local Services, Elements, or Combination thereof, of poor
quality; and installation problems if caused by PACIFIC, adjustments
will be administered per the applicable tariff or by mutual
agreement. Such reimbursements shall be identified as an adjustment
on the Connectivity Xxxx.
16.2. Subject to the terms of this Attachment, CLC will debit or credit
PACIFIC for incorrect charges; overcharges; under charges for mutual
compensation as required or permitted by the applicable tariff or by
mutual agreement. Such reimbursements shall be identified as such on
the Xxxx.
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Attachment 13
17. Recording Of Call Information
17.1. PACIFIC shall provide to CLC the Switched Access Detail Usage Data
(Category 11-00-xx records) via Connect:Direct on a daily basis
within fourteen (14) days of the last day of the billing period. The
data will be in a separate dataset from the usage records associated
with the CLC Resale access lines. File name and attributes will be
specified by CLC.
17.2. CLC shall provide to PACIFIC the Summary Usage Data (Category 11-50-
xx records) via Connect:Direct on a daily basis within fourteen (14)
days of the last day of the billing period. The data will be in a
separate dataset from the usage records associated with the CLC
Resale access lines. File name and attributes to be specified by
PACIFIC.
18. No Netting of Amounts Due
The Parties agree that there shall be no netting of amounts due under this
Agreement with any other amounts due related to any other services provided
under separate agreements. Further, Resale bills, Access bills, and bills
for unbundled Network Elements will be provided as separate bills with
separate amounts due that shall not be netted.
Page 11
Attachment 13 - Appendix A
ATTACHMENT 13
-------------
Appendix A
----------
Pre-Xxxx Certification Operating Agreement to be
provided when executed by the Parties
Page 1
Attachment 13 - Appendix B
SCHEDULE FOR AGREEMENT ON SPECIFICATIONS
FOR ELECTRONIC TRANSMISSION AND START DATE
FOR IMPLEMENTATION OF TRANSMISSION METHOD
-----------------------------------------
START DATE FOR
TRANSMISSION DATE FOR AGREEMENT ON ELECTRONIC
SERVICE* SPECIFICATION TRANSMISSION STANDARDS TRANSMISSION
-------- ------------- ---------------------- -------------
Basic BUS and RES Exchange Service Connect:Direct** NA currently available
PBX Trunks Connect:Direct** 12/10/97 3/31/98
Centrex Connect:Direct** 12/10/97 3/31/98
ISDN Connect:Direct** 12/10/97 3/31/98
Unbundled Network Elements
LINK Connect:Direct** 9/10/97 1/10/98
Others: Schedule will be mutually Connect:Direct** 3Q97-4Q97 3Q97-1Q98
agreed upon based upon on date of
network element availability
Usage Data Exchange in EMR for Connect:Direct** NA currently available
Connect:Direct*
*All features of the designated service, including ESP, will be billed through
the electronic transmission noted.
**NDM available mid 1997
Page 1
ATTACHMENT 14
-------------
PROVISION OF CUSTOMER USAGE DATA
--------------------------------
Attachment 14
PROVISION OF CUSTOMER USAGE DATA
--------------------------------
1. Introduction
1.1 This Attachment sets forth the terms and conditions for PACIFIC's
provision of recorded usage data to CLC. PACIFIC will record and
provide to CLC unrated usage data when CLC purchases Unbundled
Switching Elements or Local Service from PACIFIC ("Recorded Usage
Data").
2. General Requirements for Recorded Usage Data
2.1 PACIFIC shall provide CLC with Recorded Usage Data. PACIFIC will
conform to the format, generic contents, and transmission medium for
providing Recorded Usage Data as specified in the Bellcore EMR
standard (Bellcore Practice BR010-200-010), as modified in Appendix A
to this Attachment 14, which shall be updated periodically by mutual
agreement, in writing.
2.2 PACIFIC's provision of Recorded Usage Data to CLC shall be in
accordance with the performance standards set forth in Attachment 17.
Remedies for failure to meet such performance standards are also set
forth in Attachment 17.
2.3 PACIFIC shall retain Recorded Usage Data in accordance with applicable
law and regulation.
3. Usage Data Specifications
3.1 Subject to Section 3.4, when CLC purchases from PACIFIC Local Service
or LSNE, PACIFIC will provide to CLC all available Recorded Usage Data
relating to local call and IntraLATA toll calls originating from CLC
Customers (business and residence), including, but not limited to, the
categories of information listed below. In addition, subject to
Section 3.4, when CLC purchases from PACIFIC LSNE, PACIFIC will
provide to CLC all available Recorded Usage Data relating to switched
access calls terminating to CLC Customers (business and residence),
including, but not limited to, the categories of information listed
below.
3.1.1 Data to be supplied both for calls originating from CLC
customers (business and residence) and for switched access
calls terminating to CLC customers (business and residence):
3.1.1.1. All available Call Attempts data
3.1.1.2. Completed Calls
3.1.2 Data to be supplied for calls originating from CLC customers
(Business and Residence):
3.1.2.1. Use of CLASS/LASS/Custom Features which are sold on a
pay per use basis
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Attachment 14
3.1.2.2 MTS portion of IntraLATA 976 calls to information providers
reached via PACIFIC facilities and contracted by PACIFIC
3.1.2.3 Calls to directory assistance and calls completed by
directory assistance where PACIFIC provides such service to
CLC's local service customer
3.1.2.4 Calls completed via PACIFIC-provided operator services where
PACIFIC provides such service to CLC's local service customer
3.1.2.5 For PACIFIC-provided centrex service, station level detail
3.1.2.6 Data to be supplied for switched access calls terminating to
CLC customers
3.1.2.7 Data identifying the CIC of the originating IEC; and
3.1.2.8 Where available, data identifying the calling party number.
3.2 Records shall include complete call detail and complete timing information.
3.3 PACIFIC shall provide to CLC Recorded Usage Data for CLC's customers only.
PACIFIC will not submit other carriers' local usage data as part of the CLC
Recorded Usage Data. Error procedures set forth in Appendix I to this
Attachment, Section IV, paragraph 1.1.4. shall apply to any data of other
carriers sent in error to CLC.
3.4 Additional Provisions Regarding Call Detail
3.4.1 Local Service
3.4.1.1 PACIFIC represents and warrants that as of the effective
date of this Agreement it does not record local usage for
its own flat rate customers in the ordinary course of
business. There are certain exceptions where special study
or call detail analysis is performed, e.g., in cases where
an incident of telephone harrassment is under investigation.
If PACIFIC begins recording local usage for its own flat
rate customers in the ordinary course of business at a
future date, PACIFIC will simultaneously begin such
recording for CLC resold flat rate customers, at no
additional charge. If at a future date PACIFIC begins
recording local usage for its own flat rate customers served
by a particular switch, PACIFIC will simultaneously begin
such recording for CLC resold flat rate customers served by
that switch, at no additional charge.
3.4.1.2 CLC asks PACIFIC to develop the capability to provide CLC
local usage data on resold flat local service, and PACIFIC
does not record local usage for its own flat rate customers
in the ordinary course of business, PACIFIC shall develop
such capability consistent with Section 1.6 of Attachment
6. In such event, PACIFIC shall be entitled to track and
recover applicable development costs as set forth in
Attachment 8.
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Attachment 14
3.4.1.3 As of the effective date of this Agreement, in some
PACIFIC switches, the terminating number for measured
local calls may not be recorded during periods of high
volume usage. If and when the limitation described in
this Section is removed, PACIFIC will provide, in the
appropriate field of the EMR, to CLC at no additional
cost, the terminating number for all measured local
calls, including calls made during periods of high
volume usage.
3.4.2 LSNE
3.4.2.1 When CLC purchases a LSNE from PACIFIC, that LSNE as
provided by PACIFIC will include all the functions and
capabilities of the switch and the software deployed
at that time within the switch relating to recording
of usage data, including the capability to record all
local usage and the terminating number. The charge, if
any, for the recording of usage data shall be included
in the charge for the LSNE set forth in Attachment 8.
4. Recorded Usage Data Format
4.1 PACIFIC will provide Recorded Usage Data in the EMR format and by
category, group and record type, as specified in the CLC Usage
Requirements document, dated December 1996 ("Data Requirements"),
which is attached hereto and incorporated herein as Appendix I.
4.2 PACIFIC shall include the Working Telephone Number (WTN) of the call
originator on each EMR call record.
4.3 End user customer usage records and station level detail records shall
be in packs in accordance with EMR standards.
4.4 PACIFIC shall append the recording point identification or some other
code that specifically identifies the central office switch that is
mutually agreeable to both Parties to each EMR call record.
5. Recorded Usage Data Reporting Requirements
5.1 PACIFIC shall segregate and organize the Recorded Usage Data in a
format mutually agreed to in writing by the Parties.
5.2 PACIFIC, at no cost to CLC, shall transmit to CLC Recorded Usage Data
in Bellcore EMR format, as modified by Appendix I to this Attachment,
via Connect:Direct. If CLC requests Recorded Usage Data in a format
customized for CLC, PACIFIC may charge CLC pursuant to Attachment 8.
5.3 CLC will test and certify the Connect:Direct interface to ensure the
accurate receipt of Recorded Usage Data. PACIFIC shall make any
changes necessary in the Connect:Direct interface to meet the
requirements of this Attachment.
5.4 PACIFIC shall provide Recorded Usage Data to CLC once a day Monday
through Friday, excluding mutually designated holidays. PACIFIC shall
provide to CLC the Recorded
Page 3
Attachment 14
Usage Data for a Local Service within the time period specified in
Attachment 17 to this Agreement.
5.5 Each Party will establish a single point of contact to respond to CLC
call usage, data error, and record transmission inquiries from the
other Party.
5.6 The Recorded Usage Data EMR format, content, and transmission process
will be tested by CLC for compliance with industry standards.
6. Recording Failures
------------------
6.1 CLC Recorded Usage Data determined to have been lost, damaged or
destroyed as a result of an error or omission by PACIFIC in its
performance of the recording function or due to an aberrant switch
overload of limited duration and frequency, shall, upon CLC's request,
be recovered by PACIFIC at no charge to CLC. If PACIFIC discovers such
failures, PACIFIC shall notify CLC upon discovery. In the event the
data cannot be recovered by PACIFIC, PACIFIC shall estimate the
messages and associated revenue, with assistance from CLC, based upon
the method described below. This method will be applied on a
consistent basis, subject to modifications agreed to by PACIFIC and
CLC. This estimate will be used by the Parties to determine any
amounts owed to CLC. PACIFIC will provide this amount to CLC via a
check accompanied by a statement that clearly identifies the purpose
of the check.
6.1.1 Partial Loss--PACIFIC shall review its daily controls to
determine if data has been lost. When there has been a partial
loss, actual message and minute volumes shall be reported, if
possible. Where actual data are not available, a full day shall
be estimated for the recording entity, as outlined in Section
6.1.3 following. The amount of the partial loss is then
determined by subtracting the data actually recorded for such
day from the estimated total for such day.
6.1.2 Complete Loss--Estimated message and minute volumes for each
loss consisting of an entire AMA tape or entire data volume due
to its loss prior to or during processing, loss after receipt,
degaussed before processing, receipt of a blank or unreadable
tape, or lost for other causes, shall be reported.
6.1.3 Estimated Volumes--From message and minute volume reports for
the entity experiencing the loss, PACIFIC shall secure
message/minute counts for the four (4) corresponding days of
the weeks preceding that in which the loss occurred and compute
an average of these volumes.
6.1.4 Net Loss Calculation--The amount due to CLC will be calculated
based on the Average Revenue Per Minute (ARPM) minus the
average charge per minute (ACPM) that CLC would have paid to
PACIFIC, times the estimated lost minutes. The parties shall
agree upon the appropriate ARPM and ACPM to apply.
Exceptions:
-----------
6.1.4.1 If the day of loss is not a holiday but one (1) (or
more) of the preceding corresponding days is a
holiday, use additional preceding weeks in order to
procure volumes for two (2) non-holidays in the
previous two (2) weeks that correspond to the day of
the week that is the day of the loss.
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Attachment 14
6.1.4.2 If the loss occurs on a weekday that is a holiday
(except Christmas), PACIFIC shall use volumes from the
two (2) preceding Sundays.
6.1.4.3 If the loss occurs on Mother's Day, Christmas or the
Monday after Thanksgiving, PACIFIC shall use volumes
from that day in the preceding year.
6.2 CLC may also request data be provided that has previously been
successfully provided by PACIFIC to CLC, provided the request is
received within forty-five (45) days of original processing. PACIFIC
reserves the right to xxxx CLC for its direct costs of providing such
data if CLC makes such a request more than forty-five (45) days after
original processing.
7. Clearinghouse Procedures
------------------------
7.1 The Parties acknowledge that calls will be placed using the local
service of one Party that will be billable to the customer for local
service of another Party. In order to ensure that these calls are
properly accounted for and billed to the appropriate customer, the
Parties have established clearinghouse procedures to accomplish these
objectives in a separate agreement entitled Data Exchange Agreement
for the Settlement of CATS messages and non CATS Messages.
7.1.1 CLC may identify a CMDS host for transmitting and receiving in-
collect and out-collect local and intralata messages.
7.1.2 In the event CLC fails to designate a CMDS host, PACIFIC agrees
on an interim basis, if requested by CLC, to serve as CLC's
CMDS host for out-collect billing subject to the rates, terms
and conditions as mutually agreed by the Parties.
8. Alternate Billed Calls
----------------------
8.1 Calls that are placed using the services of PACIFIC or another LEC or
LSP and billed to a Resale service line or an unbundled network
element (e.g., switch port) of CLC are called "Incollects." Calls that
are placed using a CLC Resale service line or unbundled network
element (e.g., switch port) and billed to a PACIFIC line or other LEC
or LSP are called "Outcollects."
8.1.1 Outcollects PACIFIC will provide to CLC the unrated message
detail that originates from a CLC subscriber line but which is
billed to a telephone number other than the originating number
(e.g., calling card, xxxx-to-third number, etc.). PACIFIC will
transmit such data to CLC on daily basis. CLC as the LSP will
be deemed the earning company and will be responsible for
rating the message at CLC tariffed rates and CLC will be
responsible for providing the billing message detail to the
billing company for end-user billing. CLC will pay to PACIFIC
charges as agreed to under separate agreement and CLC will be
compensated by the billing company for the revenue it is due as
agreed to under separate agreement.
8.1.2 Incollects PACIFIC will provide the rated messages it receives
from the CMDS1 network or which PACIFIC records (non-ICS) to
CLC for billing to CLC's end-users associated with messages
that originate from a number other than the billing number and
that are billable to CLC customers. PACIFIC will transmit
Page 5
Attachment 14
such data to CLC on a daily basis. Compensation between the Parties will be in
accordance with separately negotiated agreements.
Page 6
Attachment 14
APPENDIX I
TO
ATTACHMENT 14
CLC USAGE REQUIREMENTS
December 1996
Page 7
Attachment 14
SECTION I
---------
SCOPE
-----
1. General
-------
This Attachment addresses the transmission by PACIFIC of CLC usage to CLC.
1.1 Usage Summary
Messages will be transmitted, via a direct feed, to CLC in standard
EMR format.
The following is a list of EMR records that CLC can expect to receive
from PACIFIC:
. Header Record 20-20-01
. Trailer Record 20-20-02
. Detail Records* 01-01-01, 16, 18, 80, 81,
. 10-01-01, 16 (when available and as mutually agreed), 18,
31, 32, 35, 37, 80, 81
. Credit Records 03-01-XX
. Rated Credits 41-01-XX
*Category 01 is utilized for Rated Messages; Category 10 is utilized
for Unrated Messages
PACIFIC will provide the above list of detail records as part of its
resale offering.
PACIFIC shall make available to CLC additional detail records as
additional products are added to PACIFIC's resale offer.
Using the above list as a model, the Parties shall identify by mutual
agreement what detail records shall be provided by PACIFIC to CLC in
connection with the provision of unbundled elements.
Additional detail records provided by PACIFIC to CLC in the future,
whether as part of PACIFIC's resale offering or in connection with the
provision of unbundled elements, may have identification numbers
different from those listed above.
For detailed information regarding EMR, refer to the current version
of the BellCore Practice BR010-200-010 Appendix. Also, for purposes of
resale usage, see Appendix A of Section VI of Appendix I, "Additional
Information Regarding EMR Call Detail."
1.2 Attachment Content
This Attachment describes baseline requirements for the transfer of
PACIFIC recorded, unrated usage to CLC. Testing requirements and the
reports needed to ensure data integrity are also included. Additional
requirements and implementation details may be identified for
conditions unique to PACIFIC. Modifications and/or exceptions to this
Attachment must be negotiated and mutually agreed upon by PACIFIC and
CLC.
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Attachment 14
SECTION II
----------
RECORDED USAGE TO BE TRANSMITTED TO CLC
---------------------------------------
1. General
-------
This section addresses the types of usage to be transmitted by PACIFIC
to CLC.
1.1 Usage To Be Transferred To CLC
1.1.1 CLC Usage To Be Transferred
The following messages recorded by PACIFIC are to be
transmitted to CLC. PACIFIC recorded usage is defined as:
- intraLATA - Local (including DA and Operator Services)
- intraLATA - Toll (including DA and Operator Services)
Note: Rated incollect messages should be transmitted via the
direct feed and can be intermingled with the unrated messages.
No special packing is needed. However, PACIFIC intends to pack
unrated messages separately from rated messages.
PACIFIC is developing a direct return feed. CLC may return via
direct return feed, once developed, any of the above mentioned
messages that cannot be rated and/or billed by CLC, for reasons
specified in the returns process. Returned messages will be
sent to PACIFIC in EMR format. Standard EMR return codes will
be utilized.
File transfer specifications are included within Section III.
1.2 CLC Usage
The Recorded Usage Data in a local resale environment includes all
intraLATA toll and local usage. PACIFIC will provide CLC with unrated
EMR records associated with all intraLATA toll and local usage which
PACIFIC records on CLC's behalf.
Any Category, Group and/or Record types approved in the future for
PACIFIC will be included if they fall within the definition of this
local resale phase. PACIFIC will give CLC sixty (60) days' advance
notification of PACIFIC's intended implementation of additional
Category, Group and/or Record types.
NOTE: PACIFIC messages will be packed using the packing criteria
outlined in Section V. PACIFIC shall pack records for rated messages
and non-rated messages in separate packages. Any request by CLC for
packing in a different arrangement shall be separately negotiated by
the parties and shall be at a reasonable additional charge to CLC.
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Attachment 14
SECTION III
-----------
PACIFIC TO CLC USAGE FEED
-------------------------
1. General
This section contains the information required for PACIFIC to transmit the
usage defined in Section 2 to CLC. This section specifically addresses the
dataset requirements and processing.
1.1 Detailed EMR Record Edits
CLC will perform detailed record edits on the unrated and rated
messages upon receipt from PACIFIC. Messages that fail these edits may
be returned to PACIFIC with mutually agreed upon standard EMR return
codes designated. If an excessive number of the records contain
errors, CLC may request re-transmission of data and PACIFIC shall
correct and re-transmit accurate data in accordance with Attachment
17.
1.2 Duplicate Record Checks
CLC may perform record checks on the unrated and rated messages to
validate that duplicate messages are not sent by PACIFIC to CLC,
except where valid duplicate messages are applicable, e.g., ISDN
bonded. PACIFIC shall perform record checks to validate that duplicate
messages are not sent to CLC in accordance with CMDS standards.
1.3 Pacific To CLC Usage Feed
1.3.1 Usage Data Transport Requirements
PACIFIC will provide the transport facility between the PACIFIC
location and the CLC location. It is CLC's intent that usage
data be transmitted via Connect:Direct whenever possible. In
the event usage transfer cannot be accommodated by
Connect:Direct because of extended (one business day or longer)
facility outages, or if facilities do not exist, PACIFIC will
contract for a courier service to transport the data via tape.
PACIFIC will provide CLC with contacts, Remote Identifiers
(IDs), and expected usage data volumes for each sending
location.
CLC will provide contacts responsible for:
. Receiving usage transmitted by PACIFIC.
. Receiving usage tapes from a courier service in the event of
a facility outage.
1.3.2 Physical Characteristics
In the event the electronic system for data transmission
malfunctions, by mutual agreement PACIFIC shall provide the
data to CLC on tape or cartridge by courier. Such data will
have the physical characteristics as mutually agreed to by both
parties. Initially, CLC's intent is for fixed block format (175
byte record, noncompacted, with no modules).
1.3.3 Data Delivery Schedules
Data will be delivered to CLC by PACIFIC daily (Monday through
Friday) or as negotiated. CLC and/or PACIFIC Data Center
holidays are excluded. PACIFIC and CLC will exchange schedules
of designated Data Center holidays.
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Attachment 14
1.3.4 Resending Data
CLC will notify PACIFIC as promptly as possible upon discovery of
resend requirements if a pack or entire dataset must be replaced due
to pack rejection, damage in transit, dataset name failure, etc.
1.3.5 Pack Rejection
Critical edit failure on the Pack Header or Pack Trailer records
will result in pack rejection (e.g., detail record count not equal
to grand total included in the pack trailer). Notification of pack
rejection will be made by CLC within one business day of processing.
Rejected packs will be retransmitted to CLC by PACIFIC.
1.3.6 Held Packs And Messages
CLC and PACIFIC will track pack number to control input based upon
invoice sequencing criteria. PACIFIC will be notified of sequence
failures identified by CLC and resend procedures are to be invoked.
1.3.7 Data Content Requirements
EMR is the format to be used for usage data provided to CLC.
1.3.8 Packing Requirements
A pack shall contain a minimum of one message record or a maximum of
9,999 message records plus a pack header record and a pack trailer
record. A file transmission contains a maximum of 99 packs. A
dataset shall contain a minimum of one pack. PACIFIC will provide
CLC one dataset per sending location with the agreed upon OCN
populated in the Header and Trailer records.
Within the Header and Trailer records, the FROM XXX identifies the
location that will be sending usage to CLC. PACIFIC will populate
the FROM XXX field with the unique numeric value identifying the
location that is sending the data to CLC. Also, Pack Header and
Trailer will have the OCN appropriately populated.
PACIFIC shall be responsible for creating and transmitting packs in
sequence. If packs are received out of sequence, PACIFIC shall
correct and re-transmit packs in accordance with Attachment 17.
CLC has no special sort requirements for the packs sent by PACIFIC.
1.3.9 Dataset Naming Convention
PACIFIC will transmit the usage to CLC using mutually agreed to
dataset naming conventions.
1.3.10 Confirmation Record
CLC shall provide a confirmation record for each pack, using CLC
defined fields, at PACIFIC's request. An example of the Confirmation
Record is in Appendix B of this Attachment.
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Attachment 14
1.4 Unusable Transmissions
Any data transmission received from PACIFIC which is determined to be
unreadable or contain bad data of which no portion can be processed by
CLC's system shall be reported to PACIFIC for recovery. If data is
unrecoverable, PACIFIC shall reimburse CLC for lost revenue. If amounts
must be estimated, the process will be as described in Section 6.
Page 12
Attachment 14
SECTION IV
----------
CLC PROCESSING REQUIREMENTS
---------------------------
1. General
-------
This section contains requirements for CLC processing of Recorded Usage
Data that has been transmitted to CLC for billing.
1.1 CLC Rating Process
1.1.1 Message Rating
CLC will rate any individual messages (as defined in Section
II), that have not already been rated by PACIFIC (information
provider messages will be rated by PACIFIC), prior to
transmitting the usage to a billing environment within CLC.
1.1.2 Application Of Taxes/Fees/Surcharges
CLC will apply taxes, fees and surcharges as appropriate for
the individual messages and/or customer accounts. The
application of all taxes, fees and surcharges will be applied
on all intralata local and toll usage received from PACIFIC.
1.1.3 Duplicate Messages
CLC has existing duplicate checks as part of their message
processing or billing functions. CLC will perform these checks
on the rated/unrated messages sent by PACIFIC duplicate message
disposition procedures and reports will be identified by CLC
during negotiations.
1.1.4 Record Edits
1.1.4.1 CLC Record Edits
CLC will perform detailed record edits on the
rated and unrated messages prior to
transmitting them to the billing environment.
Rated & unrated records that do not pass CLC
edits will be returned to PACIFIC with thirty
(30) days of the file date.
1.1.4.2 Pacific Record Edits
If PACIFIC has existing detailed record edits
for rated and unrated messages, PACIFIC is to
perform these edits.
Rated and unrated records that do not pass CLC
edits will be returned to PACIFIC. PACIFIC will
attempt to perform error correction on all
records requiring such action as agreed upon
through the detailed negotiations process. If
errors can not be corrected, PACIFIC shall
adjust settlements and billing accordingly.
PACIFIC will investigate and correct the root
cause for the errors.
1.1.5 CLC To Pacific Message Returns
At the discretion of CLC, messages that have been sent
to CLC by PACIFIC that cannot be guided to a CLC billed
account or error in processing due to an error
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Attachment 14
by PACIFIC will be returned to PACIFIC with the
appropriate negotiated return codes.
1.2 CLC SPECIFIC PROCESSING
Records that are accepted into CLC's system (i.e., after passing the
initial edits) are converted into another format. CLC does not retain
all of the information contained on the original EMR, so only certain
fields will be populated in the returned records that fail age edits
or are misguided. CLC will work with PACIFIC to provide the necessary
level of detail in order for PACIFIC to process these records.
Page 14
Attachment 14
SECTION V
POST DEPLOYMENT ACTIVITIES
1. General
Requirements for ongoing maintenance of the usage feeds between CLC and
PACIFIC are described in this section. Included are minimal requirements
for day to day control of the regularly scheduled transfer of PACIFIC
unrated and rated usage data and procedures for introducing and verifying
CLC/PACIFIC System Changes.
1.1 Control Maintenance And Review
1.1.1 Periodic Review
Control procedures for all usage transferred between PACIFIC
and CLC will require periodic review. This review may be
included as part of an annual audit of PACIFIC by CLC or as
part of the normal production interface management function.
Breakdowns which impact the flow of usage between PACIFIC and
CLC must be identified and jointly resolved as they occur. The
resolution may include changes to control procedures, as
similar problems would be avoided in the future. Any changes to
control procedures would need to be mutually agreed upon by CLC
and PACIFIC.
1.1.2 Retention Of Records
PACIFIC shall maintain a machine readable back-up copy of the
message detail provided to CLC for a minimum of forty-five (45)
calendar days. CLC will maintain the message detail received
from PACIFIC for a minimum period of forty-five (45) calendar
days. Designated CLC personnel will provide these records to
PACIFIC or its authorized agents upon written request. PACIFIC
will also provide any data back to CLC upon their written
request.
1.2 Pacific Software Changes
When PACIFIC plans to introduce any software changes which impact the
format or content structure of the usage data feed to CLC, designated
PACIFIC personnel shall notify CLC of such changes within any time period
specified by the FCC or CPUC for that purpose, and in any event will use
reasonable best efforts to notify CLC no less than one hundred twenty
(120) calendar days before such changes are implemented.
PACIFIC will communicate the projected changes to the appropriate groups in
CLC so that potential impacts on CLC processing can be determined.
CLC personnel will review the impact of the change on the entire control
structure as described in Section 1.5.3, Post Conversion Test Plan. CLC
will negotiate any perceived problems with PACIFIC and will arrange to have
the data tested utilizing the modified software.
If it is necessary for PACIFIC to request changes in the schedule, content
or format of usage data transmitted to CLC, PACIFIC will notify CLC.
Page 15
Attachment 14
1.3 Requested Changes
If it is necessary for either Party to request changes in the
schedule, content, or format of the usage data transmitted from
PACIFIC, the requesting Party will notify the other Party and the
terms and conditions of the change shall be mutually agreed upon
pursuant to the process set forth in Section 1.5.2.
When the negotiated changes are to be implemented, CLC and/or PACIFIC
will arrange for testing of the modified data as described in Section
1.5, Post Conversion Test Plan.
1.4 CLC Software Changes
When CLC plans to introduce any software changes which may impact the
format or content structure of the usage data transmitted from
PACIFIC, CLC will use reasonable best efforts to notify the designated
PACIFIC personnel, no less than one hundred twenty (120) calendar days
before such changes are implemented.
The CLC contact will communicate the projected changes to the
appropriate groups in PACIFIC so that potential impacts on PACIFIC
processing can be determined.
CLC will negotiate any perceived problems with PACIFIC and will
arrange to have the data tested utilizing the modified software.
Altering the one hundred twenty (120) day window for introducing
software changes can be negotiated by both companies, dependent upon
the scope and impact of the change.
1.5 Post-Conversion Test Plan
The test plan described below is designed to encompass all types of
changes to the usage data transferred by PACIFIC to CLC and the
methods of transmission for that data.
1.5.1 PACIFIC System Change Description
For a PACIFIC system change that would be reasonably likely to
impact CLC, PACIFIC shall provide CLC with an overall
description of the change, stating the objective and a brief
explanation of the reasons for the change.
During the initial negotiations regarding the change, PACIFIC
shall provide a list of the specific records and/or systems
impacted by the change to designated CLC personnel.
Finally, PACIFIC shall also provide CLC a detailed description
of the changes to be implemented. It shall include sufficient
detail for designated CLC personnel to analyze and estimate the
effects of the changes and to design tests to verify the
accuracy of the implementation.
1.5.2 Change Negotiations
PACIFIC will notify CLC in writing of all proposed change
negotiations initiated by PACIFIC. In turn, CLC will notify
PACIFIC in writing of proposed change negotiations initiated by
CLC.
After formal notification of planned changes, whether
originated by PACIFIC or CLC, negotiation meetings shall be
scheduled between designated CLC and PACIFIC personnel. The
first meeting should produce the overall change
Page 16
Attachment 14
description (if not previously furnished) and the list of
records and/or systems affected.
In subsequent meetings, the parties shall jointly develop a
detailed description of changes to be implemented and a
detailed test procedure.
1.5.3 Control Change Analysis
Based on the detailed description of the changes and review
thereof by the parties in negotiation meetings, designated CLC
personnel will:
1.5.3.1 Determine the impact of the changes on the overall
structure.
1.5.3.2 Determine whether any single change has a potential
control impact (i.e., High error rate on individual
records that might result in pack rejection).
1.5.3.3 Determine whether any controls might be adversely
affected.
1.5.3.4 Arrange for appropriate control structure changes to
meet any of the above conditions.
1.5.4 Verification Of Changes
Based on the detailed description of changes and review thereof
in negotiation meetings, designated CLC personnel will:
1.5.4.1 Determine the type of change(s) to be implemented.
1.5.4.2 Develop a comprehensive test plan.
1.5.4.3 Negotiate scheduling and transfer of modified data
with PACIFIC.
1.5.4.4 Negotiate testing of modified data with the
appropriate CLC department.
1.5.4.5 Negotiate processing of verified data through the CLC
billing system with the appropriate department.
1.5.4.6 Arrange for review and verification of testing with
appropriate CLC groups.
1.5.4.7 Arrange for review of modified controls, if
applicable.
1.5.5 Introduction Of Changes
When all the testing requirements have been met and the results
reviewed and accepted, designated CLC personnel will:
1.5.5.1 Negotiate an implementation schedule.
1.5.5.2 Verify the existence of a contingency plan with the
appropriate CLC department.
Page 17
Attachment 14
1.5.5.3 Arrange for the follow-up review of changes with
appropriate CLC personnel.
1.5.5.4 Arrange for appropriate changes in control program, if
applicable.
1.5.5.5 Arrange for long-term functional review of impact of
changes on the CLC billing system, i.e., accuracy,
timeliness, and completeness.
Page 18
Attachment 14
SECTION VI
----------
APPENDICES
----------
SUMMARY OF APPENDICES
APPENDIX A
----------
Additional Information Regarding EMR Call Detail
APPENDIX B
----------
Confirmation Record
Page 19
Attachment 14
------------------------------------------------------------------------------------------------------------------------------------
EMR Number Description Use Notes
------------------------------------------------------------------------------------------------------------------------------------
10-01-37 Interrupt Service Used to transmit
Charge recorded detail of
Interrupt Service from
the recording entity to
the rating entity. (i.e.,
busy line interrupt)
------------------------------------------------------------------------------------------------------------------------------------
Rated
------------------------------------------------------------------------------------------------------------------------------------
01-01-01 Message Used to xxxx xxxx Message Type and Rate Class are
Telephone Service distance toll service used to indicated type of call (Sent
Charge Paid, Collect, etc) and whether the
call was person, station, etc. using
the valid values as described in the
EMI document.
------------------------------------------------------------------------------------------------------------------------------------
01-01-06# Non-dial Used to xxxx all charges
Conference Charge associated with an
operator serviced
conference call.
------------------------------------------------------------------------------------------------------------------------------------
01-01-07# Non-dial Optional record used for
Conference Leg xxxx display only. Record
provides the terminating
detail of each individual
leg associated with a
conference call. (When
used this record is
ALWAYS associated
with the 01-01-06
------------------------------------------------------------------------------------------------------------------------------------
01-01-08# Dialed Conference Used to xxxx all charges
Bridge Charge Associated with the set
up and connection of a
non-operator serviced
conference call.
Conferees must dial in
for connection to the
bridge.
------------------------------------------------------------------------------------------------------------------------------------
01-01-09# Billable Conference Used to xxxx individual
Leg Charge conference leg charges
associated with a non-
dial conference call.
------------------------------------------------------------------------------------------------------------------------------------
01-01-14# Telegram Charge Used to xxxx charges
associated with telegram
service.
------------------------------------------------------------------------------------------------------------------------------------
01-01-16# Information Used to xxxx a service Initially, CLC will reject these
Provider Service charge for a call to an records. CLC will begin accepting
Charge Information Provider them once system changes have been
(i.e., 900, 700 and NXX made and appropriate agreements
976 calls) signed.
------------------------------------------------------------------------------------------------------------------------------------
Page 21
Attachment 14
------------------------------------------------------------------------------------------------------------------------------------
EMR Number Description Use Notes
------------------------------------------------------------------------------------------------------------------------------------
10-01-18 Service Provider Used to xxxx charges for Service Name/Service Text Code
Charge miscellaneous service Indicator (position 77) contains a
not defined by another value of 0 to indicate that the
record type (i.e., recorded Service Name is present, not a
announcements) service text code.
Service Name is in positions 135-
= 146.
Service Text Code is not used by
PACIFIC.
------------------------------------------------------------------------------------------------------------------------------------
01-01-31 Local or Message Used to xxxx flat rated or
Unit Charge non-flat rated message
charges for services
provided by a LEC.
------------------------------------------------------------------------------------------------------------------------------------
01-01-80 Marine/Aircraft/ Used to xxxx toll charges
High Speed Train associated with calls
Toll Charge originating from and/or
terminating to a ship,
airplane or train.
------------------------------------------------------------------------------------------------------------------------------------
01-01-81 Marine/Aircraft/ Used to xxxx airtime
Link Charge charges for the
connection of the radio
link to/from the
exchange network for
calls originating from
and/or terminating to a
ship, airplane or high-
speed train.
------------------------------------------------------------------------------------------------------------------------------------
01-01-82 Marine non-dial Used to xxxx all charges
conference charge associated with an
operator service
conference call
originating from a ship.
------------------------------------------------------------------------------------------------------------------------------------
01-01-83 Marine Non-dial Optional record for xxxx
Conference leg display. Provides detail
on each conference call
leg for a Marine non-dial
conference call.
------------------------------------------------------------------------------------------------------------------------------------
# PACIFIC will never create these. These will only be sent as a pass-through
from CMDS.
Notes Regarding Specific Field Population
Indicator 6 - Tariff Applied/Rounding of Billable Time (Generally Position
87) - This indicator shall NOT be populated for Unrated records, including
all Category 10 records.
Notes Regarding Specific Types of Service/Calls
Directory Assistance Call Completion - EMR 10-01-01 or 10-01-31 will be used.
Indicator 24=3.
General Assistance (0-) - EMR 10-01-01 or 10-01-31 will be used. Indicator
30=9; Terminating Number = 0s.
Telecommunications Relay Service - EMR 01-01-01 will be used. Indicator
24=1.
Page 22
Attachment 14
ATTACHMENT 14, APPENDIX B
CONFIRMATION RECORD LAYOUT
Following is a layout of the Confirmation Record that CLC will create for each pack.
It may be modified as needed by CLC.
-------------------------------------------------------------------------------------------------------------
Field Name Field Position Field Length Notes
-------------------------------------------------------------------------------------------------------------
Category 01-02 x(2) Value: "RI"
-------------------------------------------------------------------------------------------------------------
Group 03-04 x(2) Value: "PC"
-------------------------------------------------------------------------------------------------------------
Record Type 05-06 x(2) Value: "03" (i.e., zero-three)
-------------------------------------------------------------------------------------------------------------
Date Created - Year 07-08 9(2)
-------------------------------------------------------------------------------------------------------------
Date Created - Month 09-10 9(2)
-------------------------------------------------------------------------------------------------------------
Date Created - Day 11-12 9(2)
-------------------------------------------------------------------------------------------------------------
Invoice Number 13-14 9(2)
-------------------------------------------------------------------------------------------------------------
Filler 15-16 9(2) Zeroes
-------------------------------------------------------------------------------------------------------------
From XXX 17-19 9(3)
-------------------------------------------------------------------------------------------------------------
Send To XXX 20-22 9(3)
-------------------------------------------------------------------------------------------------------------
Billing XXX 23-25 9(3)
-------------------------------------------------------------------------------------------------------------
Operating Company Number 26-29 9(4)
-------------------------------------------------------------------------------------------------------------
Filler 30-65 9(36)
-------------------------------------------------------------------------------------------------------------
Total Sent Messages 66-72 9(7)
-------------------------------------------------------------------------------------------------------------
Total Sent Revenue 73-82 9(8).99
-------------------------------------------------------------------------------------------------------------
Number of Accepted Messages 83-89 9(7)
-------------------------------------------------------------------------------------------------------------
Amount of Accepted Revenue 90-99 9(8).99
-------------------------------------------------------------------------------------------------------------
Filler 100 9(1)
-------------------------------------------------------------------------------------------------------------
Number of Rejected Messages 101-107 9(7)
-------------------------------------------------------------------------------------------------------------
Amount of Rejected Revenue 108-117 9(8).99
-------------------------------------------------------------------------------------------------------------
Filler 118-137 9(20) Zeroes
-------------------------------------------------------------------------------------------------------------
Pack Status Code 138-139 9(2)
-------------------------------------------------------------------------------------------------------------
Return Code 1 140-141 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 2 142-143 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 3 144-145 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 4 146-147 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 5 148-149 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 6 150-151 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 7 152-153 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 8 154-155 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 9 156-157 x(2)
-------------------------------------------------------------------------------------------------------------
Return Code 10 158-159 x(2)
-------------------------------------------------------------------------------------------------------------
Filler 160-175 x(16) Zeroes
-------------------------------------------------------------------------------------------------------------
Page 23
ATTACHMENT 15
-------------
LOCAL NUMBER PORTABILITY
------------------------
AND NUMBER ASSIGNMENT
---------------------
Attachment 15
LOCAL NUMBER PORTABILITY AND NUMBER ASSIGNMENT
1. Provision Of Local Number Portability
1.1 Until the implementation of Permanent Number Portability ("PNP") in
accordance with rules set forth by the FCC or the Commission, CLC and
PACIFIC shall provide remote call forwarding functionality to each
other pursuant to the terms of the tariff (including the charges
contained therein) filed by PACIFIC, except that the Parties (a) shall
establish accounts to track their own costs of providing INP pursuant
to this Agreement, including but not limited to any unrecovered
Switched Access resulting from the meet point billing arrangement set
out below, and (b) agree to recover such costs consistent with FCC and
Commission requirements at such time as such requirements are
established. The remote call forwarding functionality is identified in
PACIFIC's tariff as Directory Number Call Forwarding ("DNCF"). Each
Party will provide INP with minimum impairment of functionality,
quality, reliability and convenience to the other Party's subscriber.
Each Party will provide PNP as soon as it is technically feasible, in
conformance with FCC rules and the Act.
1.2 Remote Call Forwarding (RCF)
1.2.1 When RCF, which PACIFIC refers to as DNCF, is used to provide
INP, calls to the ported number will first route to the Porting
Party's switch. The Porting Party's switch will then forward
the call to a second "ported to" number with an NXX associated
with the Ported-to Party's switch. If necessary to handle
multiple simultaneous calls to the same ported telephone
number, the Ported-to Party may order up to ninety-nine (99)
paths for the provisioning of RCF.
1.2.2 PACIFIC shall provide RCF INP to CLC pursuant to the terms of
PACIFIC's DNCF tariff (including any modification subsequently
adopted by the Commission) filed by PACIFIC.
1.2.3 DNCF and CLC's equivalent RCF INP service calls will be
delivered over Local Interconnection Trunk Groups. Each Party's
customers will have the ability to receive collect calls and
xxxx to third party numbers. Call quality will be equivalent to
that which other RCF customers receive.
1.3 Flex Direct Inward Dialing (DID)
1.3.1 Flex DID may be used to provide subscribers with linked
service-provider INP by redirecting calls within the telephone
network. When Flex DID is used to provide INP, calls to the
ported number will first route to the Porting Party's switch
identified by the NPA-NXX of the ported number. The Porting
Party's switch shall direct calls to the ported number to the
Ported-to Party's switch over dedicated direct trunks. Traffic
on these trunks cannot overflow to other trunks, so the number
of trunks shall be conservatively engineered as agreed to by
the parties to ensure a customer's incoming traffic is not
degraded (e.g. calls are blocked). Flex DID allows the
provisioning of individual numbers to be ported and a full 10
digit address can be outpulsed.
1.3.2 Flex DID traffic will be delivered over dedicated direct end
office trunk groups, and will not overflow to routes directed
through a tandem.
Page 1
Attachment 15
2.1 Route Indexing
Route Indexing (RI) may take two forms: Route Index-Portability Hub
(RI-PH) or Directory Number-Route Index (DN-RI).
2.1.1 RI-PH will route a dialed call to the Porting Party's switch
associated with the NXX of the dialed number. The Porting
Party's switch shall then insert a prefix onto the dialed
number which identifies how the call is to be routed to the
Ported-to Party as the local service provider. The prefixed
dialed number is transmitted to the Porting Party's tandem
switch to which the Ported-to Party is connected. The prefix is
removed by the operation of the tandem switch and the dialed
number is routed to the Ported-to Party's switch so the routing
of the call can be completed by the Ported-to Party.
2.1.2 DN-RI is a form of RI that requires direct trunking between the
Porting Party's switch to which the ported number was
originally assigned and the Ported-to Party's switch to which
the number has been ported. The Porting Party's switch shall
send the originally dialed number to the Ported-to Party's
switch without a substituted prefix.
2.1.3 RI-PH will be delivered over Local Interconnection Trunk
Groups. DN-RI will be delivered over direct end-office
interconnection trunks using SS7 signaling.
2.2 LERG Reassignment
Portability for an entire NXX of numbers, when all customers in the
NXX are migrating to the Ported-to Party, shall be provided by
utilizing reassignment of the block to the Ported-to Party through the
LERG.
3. Other Interim Portability Provisions
3.1 With regard to the division of terminating Switched Access revenues
associated with RCF, the Porting Party shall pay the Ported-to Party
$1.75 per month for each business line and $1.25 per month for each
residence line associated with the INP arrangement. Determination of
the number of lines to which the above payment shall apply will be
made at the time the INP arrangement is established. The payment
shall be made based on the total number of lines included in the same
hunting arrangement as the INP number. Partial months will be paid on
a prorated basis and such payment shall continue until the INP
arrangement is disconnected or PNP is made available for the INP
number, whichever occurs first. Such amount is in consideration of
the Switched Access compensation and reciprocal compensation that
would have been received by each Party if PNP had been in effect.
3.2 The Parties shall exchange SS7 TCAP messages as required for the
implementation of Custom Local Area Signaling Services (CLASS) or
other features available in each Party's network. This requirement is
not applicable:
i. where INP is provisioned using MF signaling, or
ii. for certain CLASS features (e.g., call return) when RCF or Route
Indexing INP is used.
Page 2
Attachment 15
3.3 Each Party shall disclose to the other Party any technical or capacity
limitations that would prevent use of a requested INP implementation
in a particular switching office. Both Parties shall cooperate in the
process of porting numbers to minimize customer out-of-service time,
including updating switch translations where necessary.
3.4 With respect to 911 service associated with ported numbers under INP,
the Porting Party agrees that all ported directory numbers (DN) will
remain in the Public Service Answering Points (PSAP) routing
databases. When RCF INP or other INP methods that use a ported to
number are used, it is the responsibility of the Ported-to Party to
provide both the ported numbers and ported to numbers to the Porting
Party to be stored in the Porting Party's appropriate databases. CLC
will input the ported number and the ported to number with CLC's data
via the E911 Management System (MS) Gateway for storage in the MS. The
Ported-to Party shall have the right to verify the accuracy of the
information in the appropriate databases. CLC may verify the accuracy
of the information in the E911 MS via the MS Gateway.
4. Permanent Number Portability (PNP)
4.1 The Parties agree to implement PNP, in compliance with FCC or CPUC
orders, within and between their networks as soon as technically
feasible, but no later than the schedule established by the FCC or
CPUC.
4.2 Both Parties agree to release ported telephone line numbers back to
the original carrier assigned an NXX in the LERG when they "become
vacant" (i.e., when they are no longer in service for the original
customer), and any applicable referral/intercept period has expired.
The Parties agree to comply with such industry guidelines as may be
established for the treatment of vacant telephone numbers, including
provisions for number pooling, where available.
4.3 To the extent that a query is performed or required to be performed,
each Party will make arrangements to perform its own queries for PNP
calls. To the extent that a LTNP database query is performed or
required to be performed, each party will perform queries on a N-1
basis, where N is the entity terminating the call to the end user.
For interLATA carrier calls, the interLATA carrier will perform the
query even if that carrier is also the carrier terminating the call to
the end user. In keeping with the Network Reliability Council
recommendations to protect general network failures from propagating
from one network to another and in the case of failure in PACIFIC's or
CLC' network which would prevent the querying of LTNP calls, the Party
experiencing the failure will prevent the delivery of those inquired
calls to the other Party's network via default routing, except under
prior agreement. PACIFIC and CLC reserve the right to block default
routed calls incoming to its network in the event of a significant
network failure in order to protect the public switched network from
overload, congestion, or failure propagation.
Page 3
Attachment 15
5. Requirements For INP And PNP
5.1 Cut-Over Process
The Parties shall cooperate in the process of porting numbers from one
carrier to another so as to limit service outage for the ported
subscriber. This may include, but not be limited to, the Porting Party
promptly updating its network element translations following
notification by the industry SMS, or ported-to local service provider,
and deploying such temporary translations as may be required to
minimize service outage, e.g., unconditional triggers. The Parties
agree to comply with such industry guidelines as may be established in
the appropriate subcommittees of the California Local Number
Portability Task Force for the cut-over process.
5.2 Testing
Both Parties shall cooperate in conducting testing to ensure
interconnectivity between systems. Each Party shall inform the other
Party of any system updates that may affect the other Party's network
and each Party shall, at the other Party's request, perform tests to
validate the operation of the network. Additional testing requirements
may apply as specified by this Agreement.
5.3 Non-Geographical Numbers
Neither Party shall be required to provide Number Portability for non-
geographic services (i.e., 500, 700 and 900 Service Access Codes
(SACs), and 976 NXX and similar services) under this Agreement.
5.4 Engineering and Maintenance
Both Parties will cooperate to ensure that performance of trunking and
signaling capacity is engineered and managed at levels which are at
least at parity with that provided by the other Party to its
subscribers and to ensure effective maintenance testing through
activities such as routine testing practices, network trouble
isolation processes and review of operational elements for
translations, routing and network fault isolation. Additional specific
engineering and maintenance requirements shall apply as specified in
this Agreement. For subscribers ported by INP using RCF, Flex DID or
RI, the Ported-to Party shall perform appropriate testing to isolate
trouble prior to referring repair requests to the Porting Party. For
subscribers ported by PNP, trouble shooting by the Porting Party shall
generally involve verification that a proper location routing number
has been entered into the system, and other trouble shooting as may be
established in industry guidelines.
5.5 Treatment of Telephone Line Number Based Calling Cards
5.5.1 PACIFIC shall remove from its Line Information Data Base (LIDB)
all existing PACIFIC issued Telephone Line Number (TLN)-based
card numbers issued to a customer, when that customer ports the
associated telephone numbers to CLC.
5.5.2 PACIFIC shall continue to allow CLC access to its LIDB. Other
LIDB provisions are specified in this Agreement.
Page 4
Attachment 15
6. Assignment Of NXX Codes And Telephone Numbers
6.1 The Parties agree, in principle, that the administration and
assignment of Central Office Codes ("NXXs") should be moved from
PACIFIC to a neutral third party. In the interim, where PACIFIC
functions as California Code Administrator, the following provisions
apply:
6.1.1 Each Party will comply with Industry Carriers Compatibility
Forum ("ICCF") Central Office Code (NXX) Assignment Guidelines,
INC 00-0000-000 ("ICCF Guidelines").
6.1.2 Unless the FCC adopts rules that differ from the ICCF Central
Office Code Assignment Guidelines, PACIFIC will assign NXX
codes to CLC according to those Guidelines in a competitively
neutral manner and on a basis no less favorable than that on
which PACIFIC assigns codes to itself. These Number
Administrator functions will be provided without charge. Number
Administrator functions do not include opening NXX Codes.
6.1.3 It shall be the responsibility of each Party to program and
update its own switches and network systems to recognize and
route traffic to the other Party's assigned NXX codes at all
times. Neither PACIFIC nor CLC shall charge each other for
changes to switch routing software necessitated by the
creation, assignment or reassignment or activation of NPA or
NXX codes.
6.1.4 The Parties will each be responsible for the electronic input
of their respective number assignment information into the
Routing Database System.
6.1.5 The Parties will provide to each other test-line numbers and
access to test lines, including a test-line number that returns
answer supervision in each NPA-NXX opened by a Party.
6.1.6 PACIFIC, in its role as the California Code Administrator, will
provide routine reporting on NXX availability, consistent with
the orders of the Commission.
6.1.7 The Parties agree that any forecasts required to be submitted
prior to establishment of an independent third party
administrator will be considered confidential and proprietary,
and will only be made available to the California Code
Administrator for the purposes of code assignment and
administration.
6.2 In those circumstances where CLC assigns its customers telephone
numbers from an NXX assigned in the LERG to PACIFIC, CLC shall be able
to obtain and assign telephone numbers from PACIFIC in the same manner
that PACIFIC performs these functions for its own customers.
6.2.1 CLC can request, review, reserve, exchange and return telephone
numbers for up to five basic exchange or COPT lines or single-
line ISDN, on an electronic, real-time basis to allow
assignment during service negotiation with the CLC's customer.
Such access shall be provided as described with respect to the
Operational Support Services ("OSS") functions set forth in
Attachment 11.
6.2.2 Number assignments other than those described in Section 6.2.1.
above,
Page 5
Attachment 15
including specialty numbers and complex product assignments, will be
obtained through a telephone call to the unbranded Number Assignment
Center (NAC) in the LISC. This NAC is unbranded to allow CLC to
include its customer in the call without indication that they are
interacting with PACIFIC.
6.3 CLC will be provided with electronic access for additional number products
as soon as such access is made available by PACIFIC. Such access shall be
provided as described with respect to other OSS functions set forth in
Attachment 11.
Page 6
ATTACHMENT 16
-------------
SECURITY
--------
Attachment 16
SECURITY
--------
1. Protection of Service and Property
----------------------------------
1.1 For the purpose of notice permitted or required by this Attachment,
each Party shall provide the other Party a single point of contact
available twenty-four (24) hours a day, seven (7) days a week.
1.2 PACIFIC and CLC shall each exercise the highest degree of care to
prevent harm or damage to the other Party, its employees, agents or
customers, or their property. Each Party, its employees, agents, or
representatives agree to take reasonable and prudent steps to ensure
the adequate protection of property and services of the other Party.
1.3 Each Party having on its premises any equipment, support equipment,
systems, tools and data of the other Party, or spaces which contain
or house the other Party's equipment or equipment enclosures, shall
restrict access thereto to employees and authorized agents of that
other Party.
1.4 PACIFIC shall use electronic controls to protect all spaces which
house or contain CLC equipment or equipment enclosures, but if
electronic controls are not available, PACIFIC shall either furnish
security guards at those PACIFIC locations already protected by
security guards on a seven (7) day per week, twenty-four (24) hour a
day basis; and if none, PACIFIC shall permit CLC to install silent
intrusion alarms back to manned sites. CLC agrees that PACIFIC shall
be the single point of contact with all law enforcement authorities
or public agencies with respect to problems or alarms related to
CLC's equipment or equipment enclosures located on PACIFIC's
premises. In no event will CLC contact law enforcement authorities or
public agencies as a result of a silent alarm.
1.5 PACIFIC shall furnish to CLC a current written list of PACIFIC's
employees who PACIFIC authorizes to enter spaces which house or
contain CLC equipment or equipment enclosures, with samples of the
identifying credentials to be carried by such persons.
1.6 CLC shall furnish to PACIFIC a current written list of CLC's
employees or agents who CLC authorizes to enter PACIFIC's Central
Offices, with samples of identifying credentials to be carried by
such persons.
1.7 With respect to any equipment, support equipment, systems, tools and
data of one Party on the premises of the other Party, or spaces which
contain or house the other Party's equipment or equipment enclosures,
each Party shall comply with the security and safety procedures and
requirements of the Party that owns
Page 1
Attachment 16
or controls the premises, including but not limited to sign-in,
identification and escort requirements.
1.8 PACIFIC shall allow CLC to inspect or observe spaces which house or
contain CLC equipment or equipment enclosures at any time within
normal business hours and shall furnish CLC with all keys, entry
codes, lock combinations, or other materials or information which may
be needed to gain entry into any secured CLC space. In the event of an
emergency, CLC shall contact a single point of contact provided by
PACIFIC for access to spaces which house or contain CLC equipment or
equipment enclosures. Such PACIFIC single point of contact shall be
available to receive calls from CLC twenty-four (24) hours a day,
seven (7) days a week and make access available to CLC within three
(3) hours after receiving a call from CLC.
1.9 PACIFIC agrees not to use card access readers and devices that use
cards which are encoded identically, or that use mechanical coded
locks on external doors or on internal doors to spaces which house
mission critical equipment or equipment which supports the mission
critical equipment.
1.10 PACIFIC shall limit the keys used in its keying systems for spaces
which contain or house CLC equipment or equipment enclosures to
PACIFIC's employees and representatives for emergency access only. CLC
shall further have the right to require PACIFIC to change locks at
PACIFIC's expense where there is evidence of inadequate security. In
all other cases, CLC may require PACIFIC to change locks at CLC's
expense.
1.11 PACIFIC shall install security studs in the hinge plates of doors
having exposed hinges if such doors lead to spaces which contain or
house CLC equipment or equipment enclosures.
1.12 PACIFIC shall use reasonable measures to control unauthorized access
from passenger and freight elevators to spaces which contain or house
CLC equipment or equipment enclosures.
1.13 PACIFIC shall provide notification within two (2) hours to designated
CLC personnel to indicate an actual or attempted security breach.
2. Additional Provisions Applicable to Collocation Spaces
------------------------------------------------------
2.1 PACIFIC shall be responsible for the security of CLC's collocation
spaces. Security measures shall meet or exceed CLC's requirements. If
a security issue arises or if CLC believes that PACIFIC's security
measures fail to meet CLC's requirements, CLC shall notify PACIFIC and
the Parties shall work together to address the problem. PACIFIC shall,
at a minimum, do the following:
2.2 PACIFIC shall design collocation cages to prevent unauthorized access.
Page 2
Attachment 16
2.3 PACIFIC shall establish procedures for controlling access to the
collocation areas by employees, security guards and others. Those
procedures shall limit access to the collocation equipment areas to
PACIFIC's employees, agents or invitees having a business need to be
in these areas. PACIFIC shall require all persons entering the
collocation equipment areas to wear identification badges.
2.4 PACIFIC shall provide card key access to all collocation equipment
areas, along with a positive key control system for each collocator's
cage area.
2.5 CLC security personal may audit the collocation area at a PACIFIC
location for compliance with security procedures.
3. Disaster Recovery
-----------------
3.1 PACIFIC shall maintain for CLC the same level of disaster recovery
capability to be used in the event of a system failure or emergency as
PACIFIC provides for itself. PACIFIC will provide CLC with a written
summary of such capability within 30 days after the effective date of
this Agreement, subject to the non-disclosure provisions of this
Agreement.
4. Data Protection
---------------
4.1 Each Party shall Install controls in any of its data bases to which
the other Party has access:
4.1.1 to deny access to data base users after a pre-determined period
of inactivity; and
4.1.2 to protect the other Party's proprietary information and the
other Party's customer proprietary information.
4.2 PACIFIC shall maintain control over databases used by CLC to protect
both ongoing operational and update integrity, at parity with control
features that PACIFIC provides to itself.
4.3 Each Party shall assure that all approved system and modem access is
secured through security servers. Access to or connection with a
network element shall be established through a secure network or
security gateway.
4.4 With respect to access to the network or gateway of the other Party,
each Party will comply with the other Party's corporate security
instructions for computer and network security.
5. Network Fraud Control
---------------------
5.1 PACIFIC shall make available to CLC for use with any services provided
by PACIFIC to CLC under this Agreement all present and future fraud
control
Page 3
Attachment 16
features, including prevention, detection, or control functionality
utilized in PACIFIC's network. At present these features include (i)
disallowance of call forwarding to international locations and 1OXXX cut-
through, (ii) coin originating ANI 11 digits, (iii) dial tone reorigination
patches, (iv) terminating blocking and (v) 900/976 blocking.
5.2 In addition, subject to section 5.3.3 below and Section 1.6 of Attachment
6, PACIFIC shall provide partitioned access within pertinent Operations
Support Systems ("OSS") for fraud control.
5.3 Rates:
5.3.1 Terminating blocking of 800 and 900/976 blocking are available as
Local Services, at the rates specified in Attachment 8.
5.3.2 Disallowance of call forwarding to international locations and
1OXXX cutthrough, coin originating ANI 11 digits, and dial tone
reorigination patches, are available with Local Services, basic
exchange service or LSNE, at no additional charge.
5.3.3 Future fraud control features and functionalities will be available
at rates, if any, subject to the Act, regulations thereunder and
relevant FCC and Commission decisions.
6. Law Enforcement Interface
------------------------------
6.1 Each Party shall provide the other Party with a single point of contact to
interface on a twenty-four (24) hour, seven (7) day a week basis on law
enforcement and service annoyance issues, including, without limitation,
call traces, wiretaps and traps.
6.2 PACIFIC will provide necessary assistance to law enforcement personnel to
facilitate the execution of court orders addressed to PACIFIC that
authorize wiretaps and dialed number recorders relating to services and
facilities of CLC customers. PACIFIC will notify law enforcement personnel
that the court order applies to an CLC circuit, not a PACIFIC circuit.
PACIFIC will xxxx the appropriate law enforcement agency for these services
under its customary practices.
6.3 When requested by CLC for security purposes, PACIFIC shall use reasonable
best efforts to provide CLC with Recorded Usage Data within two hours of
the call completion but in any event shall provide such data not later than
twenty-four hours of call completion. The Recorded Usage Data may be
provided in AMA format.
6.4 To the extent required by law, PACIFIC shall provide soft dial tone to
allow only the completion of calls to final termination points required by
law.
Page 4
ATTACHMENT 17
-------------
PERFORMANCE STANDARDS
---------------------
Attachment 17
SERVICE PERFORMANCE MEASURES
TABLE OF CONTENTS
Section Page
------- ----
A. Performance Index and Measurements:
A.1. Provisioning 2
A.2. Maintenance 6
A.3. Wholesale Billing 10
A.4. Customer Usage Data 12
B. Performance Thresholds 16
Page i
Attachment 17
Introduction
------------
1. Pursuant to Section 12 of this Agreement, Section A of this Attachment 17
sets forth the service standards, measurements, and performance applicable
to Local Services, Network Elements or Combinations provided under this
Agreement.
Section B of this Attachment 17 sets forth thresholds for initiating
performance and process improvement procedures.
As experience is acquired under this Agreement with the new business
processes established, the Parties expect to learn which measurements set
forth in Section A are more or less useful than others. The parties also
expect that experience will show whether new measurements are needed or
whether certain existing measurements are not needed. Accordingly, while
this Agreement is in effect, either Party may, from time to time, request
the addition, deletion or modification of the measures set forth in Section
A. For example, the Parties will work together in good faith to develop an
appropriate measure for Held Orders. In the event the Parties cannot agree
on such addition, deletion or modification they will utilize the escalation
process defined in Section 3.1 of the Attachment 3.
Unless otherwise stated, PACIFIC shall make monthly reports to CLC. For
each measure, PACIFIC will report on the service level it provides to CLC,
the service level it provides to itself, and the average of the service
levels it provides to all other CLCs.
2. "Parity" Defined: PACIFIC shall provide services to CLC that, for any
relevant period of measurement, have substantially the same characteristics
of timeliness and performance as PACIFIC provides at retail and, for such
purpose, those services shall be deemed to have substantially the same
characteristics for any population of 30 or more observations if it has the
same statistical distribution at the 90% confidence interval. Service
Parity is achieved when PACIFIC's service performance, as defined by the
designated comparable measures, is within 1.65 standard deviations (90%
confidence level) of the average retail performance for the equivalent
retail product or service, subject to the definitions contained within this
Attachment 17. The calculation of 1.65 standard deviations will be based
on the most recent two full calendar quarters of actual performance and
revised quarterly. As used in the preceding sentence, PACIFIC's "average
retail performance for the equivalent retail product or service" shall be
calculated using all available observations of PACIFIC performance, rather
than any form of sampling. "PACIFIC's service performance" for CLC shall,
similarly, be calculated using all available observations. Average
performance will be measured and reported monthly for each comparable
measure. These measurements shall be subject at all times to the
provisions of Section 1.1 of the Agreement.
Service Parity applies to the comparable measures only. Other agreed to
performance measures will be based on specified service standards and will
apply as defined in this Attachment 17.
Page 1
Attachment 17
SECTION A
A.1 Provisioning Service Performance Measures
1. Installation Appointments Commitment Met
----------------------------------------
Definition:
-----------
This measures the percent of service orders where the completion date
matches the committed due date, e.g., the due date is 4/01/96, service is
installed and the order is completed 4/01/96.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. This measure excludes disconnect orders.
This measure will be calculated separately for each PACIFIC region. These
regions are Los Angeles, Bay, North and South. Measurements will be
calculated by Business (Single and Multi-line, Centrex, PBX Trunks),
Residence, Link, and ISDN.
Total number of orders completed on time
----------------------------------------
Total number of orders completed x 100
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
2. % Installation Reports
----------------------
Definition:
-----------
This measures the number of trouble reports that occur within the first 30
days of service installation (e.g., Service is installed on 4/01/96, a
trouble is reported on 4/05/96).
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. This measure will be calculated separately
for each PACIFIC region. These regions are Los Angeles, Bay, North and
South. This measure only includes PACIFIC Network Troubles. Measurements
will be calculated by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
Total number of installations with trouble reported within 30 days from
-----------------------------------------------------------------------
completion.
----------
Total number of service orders completed x 100
Page 2
Attachment 17
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
3. Firm Order Confirmation (FOC) Received in (less than) 4 Hours
-------------------------------------------------------------
Definition:
-----------
Measures percent of Firm Order Confirmations sent to CLC within 4 hours of
receipt of the Basic Exchange order, Centrex line, ISDN or PBX trunk. This
measurement applies to less than 20 Basic Exchange lines or Links on one
order and less than 6 Centrex lines, 6 PBX trunks, or 6 ISDN lines on one
order. Orders of 20 or more Basic Exchange lines or links on one order or
six or more Centrex lines, six or more PBX trunks or six or more ISDN lines
on one order will be tracked on an individual case basis (ICB) and measured
against the agreed-to commitments.
Method of Calculation:
----------------------
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below. Measurements will be calculated by
Business (Single and Multi-line, Centrex, PBX Trunks), Residence, Link, and
ISDN. Measure excludes FOCs associated with "as is" and "as specified"
migration orders.
Total Number of FOC's returned In (less than) 4 Hours
-----------------------------------------------------
Total Number of FOC's returned x 100 = 95%
Report Period:
--------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) ISDN, Residence, Link.
4. Firm Order Confirmation Quality - % Accurate and Complete
---------------------------------------------------------
Definition:
-----------
Measures percent of Firm Order Confirmations that are accurate and
complete.
Method of Calculation:
----------------------
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below. Measurements will be calculated by
Business (Single and Multi-line, Centrex, PBX Trunks), Residence, Link, and
ISDN.
Total Number of FOC's returned accurate and complete
----------------------------------------------------
Total Number of FOC's returned for the month x 100 = 95%
Reporting Period:
-----------------
Page 3
Attachment 17
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks) ISDN, Residence, Link.
5. LSP to LSP Migration Notification - % On Time
---------------------------------------------
Definition:
-----------
Measures the percent of migration notifications sent to CLC within 48 hours
of receipt of the migration order.
Method of Calculation:
----------------------
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below. Measurements will be calculated by
Business (Single and Multi-line, Centrex, PBX Trunks), Residence, Link, and
ISDN.
Total Number of Migration Notifications returned (less than) 48 hours
---------------------------------------------------------------------
Total Number of Migration Notifications returned for the month x 100 = 95%
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), ISDN, Residence.
6. Requests for Customer Service Records (CSR)
-------------------------------------------
Definition:
-----------
Measures the percent of Customer Service Records sent to CLC within 4 hours
of receiving the request and appropriate LOA. This measurement applies to
less than 20 Basic Exchange lines billed under one number and less than 6
Centrex lines or 6 PBX trunks, or 6 ISDN lines, billed under one number.
Measurements will be calculated by Business (Single and Multi-line,
Centrex, PBX Trunks), Residence, Link, and ISDN.
Method of Calculation:
----------------------
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below.
Number of CSRs received (less than) 4 Hours
-------------------------------------------
Total Number of Requests for CSR x 100 = 95%
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), ISDN, Residence
7. Local PIC Change - % On Time
----------------------------
Page 4
Attachment 17
Definition:
-----------
Measures the percent of local PIC changes initiated by the CLC that are
processed within 24 hours of receipt of the order. This interval will stay
in parity with interLATA PICs.
Method of Calculation:
----------------------
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below. Measurements will be calculated by
Business (Single and Multi-line, Centrex, PBX Trunks), Residence, Link, and
ISDN.
Total Number of PIC Changes Completed Within 24 Hours
-----------------------------------------------------
Total Number of PIC Change Requests X 100 = 95%
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), ISDN, Residence:
8. Service Order Discrepancy
-------------------------
Definition:
-----------
Measures percent of Orders initiated by CLC that result in a discrepancy.
An order will be considered to be discrepant if at any time after receipt
of the order PACIFIC has to either reject the order or request a supplement
of the order from the CLC as a result of incomplete or inaccurate
information, as defined in PACIFIC's most current Resale Access Line
Request Forms Instruction Guide (Guide). If CLC service orders conform to
the Guide, rejects or requests to supplement such service orders will be
excluded from this measurement. CLC and PACIFIC will mutually agree on
revisions to the Guide that affect service order form or content. If they
are unable to agree, they will utilize the escalation process as set forth
in Section 1 of the Introduction to this Attachment
Method of Calculation:
----------------------
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below. Measurements will be calculated by
Business (Single and Multi-line, Centrex, PBX Trunks), Residence, Link, and
ISDN.
Total number of orders issued without discrepancy
-------------------------------------------------
Total number of orders issued X 100 = 90%
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), ISDN, Residence, Link.
9. Trunk Orders Installed on Time
------------------------------
Page 5
Attachment 17
Definition:
-----------
Measures the percent of local interconnection trunks that are completed on
or before the due date. The comparative performance measure is Feature
Group B & D Switched Access.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. The comparative measure is Feature Group B &
D switched access.
-------------------------------------------------------------------------------
Total number of orders completed on time
---------------------------------------- x 100
Total number of orders completed
-------------------------------------------------------------------------------
Reporting Period:
----------------
Monthly
10. Trunk Firm Order Confirmation Timeliness
----------------------------------------
Definition:
-----------
Measures percent of FOCs sent to CLC within the specified time (equivalent
to Feature Group B & D Switched Access.)
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. The comparative measure is Feature Group B &
D Switched Access.
Reporting Period:
-----------------
Monthly
11. Trunk Service Order Discrepancy
-------------------------------
Definition:
-----------
Measures percent of Interconnection Service Requests (ISR) initiated by CLC
that result in a discrepancy. An order will be considered to be discrepant
if at any time after receipt of the order PACIFIC has to either reject the
order or request a supplement of the order from the CLC as a result of
incomplete or inaccurate information, as defined in PACIFIC's most current
Resale Access Line Request Forms Instruction Guide (Guide). If CLC service
orders conform to the Guide, rejects or requests to supplement such service
orders will be excluded. CLC and PACIFIC will mutually agree on revisions
to the Guide that affect service order form or content. If they are unable
to agree, they will utilize the escalation process as set forth in the
Section I of the Introduction to this Attachment
Method of Calculation:
----------------------
Page 6
Attachment 17
As a measurement of Performance Standards, this metric will comply with the
specific performance level shown below
-------------------------------------------------------------------------------
Total number of orders issued without discrepancy
------------------------------------------------- X 100 = 90%
Total number of orders issued
-------------------------------------------------------------------------------
Reporting Period:
-----------------
Monthly
12. Forecasting
-----------
Definition:
-----------
Measures the accuracy of forecasted volumes of residence and business LINK
orders. In addition measures the accuracy of forecasted volumes of
migration and new connects for the following resale service orders:
residence basic exchange, business basic exchange, Centrex, PBX and ISDN.
Method of Calculation:
----------------------
Forecasts are accurate within 20% +/- in any calendar month of the forecast
period (measurement excludes Interconnection Trunks)
Reporting Period:
-----------------
Monthly
CLC will use its best efforts to provide accurate forecasts to PACIFIC on a
quarterly basis. The forecasts will include all resale and unbundled
products CLC will be ordering within the forecast period. The forecast
should cover the current year plus two years and all but the last year on a
monthly basis and the last year on a quarterly basis. The forecast will be
revised quarterly and rolled forward once a year. The first two quarterly
forecasts will be by LATA. All subsequent forecast will be by wirecenter
(LSO). Interconnection trunks will not be covered in this product forecast
but will be jointly forecasted as described elsewhere in this Agreement.
13. Average Delay Days
------------------
Definition:
-----------
Measures the average number of days a service order is delayed due to an
appointment being missed.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. Measurements will be calculated by Business
(Single and Multiline, Centrex, PBX Trunks), Residence, Link, and ISDN.
Total delayed days
Total appointments missed
Page 7
Attachment 17
A.2 Maintenance Service Performance Measures
1. % Maintenance Appointments Met
------------------------------
Definition:
----------
This measures the number of troubles that are cleared on or before the
committed date and time.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. This measure includes PACIFIC network
troubles only. This measure will be calculated separately for each PACIFIC
region. These regions are Los Angeles, Bay, North and South. Measurements
will be calculated by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
--------------------------------------------------------------------------------
Number of trouble reports with Appointments Met
----------------------------------------------- x 100
Number of trouble reports completed
--------------------------------------------------------------------------------
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
2. % Repeat Troubles within 30 Days
--------------------------------
Definition:
-----------
This Measures the percent of trouble reports on the same telephone line
where there was a previous trouble within the last thirty days.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. This measure includes PACIFIC network
troubles only. This measure will be calculated separately for each PACIFIC
region. These regions are Los Angeles, Bay, North and South. Measurements
will be calculated by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
-------------------------------------------------------------------------------
Number of repeat trouble reports
--------------------------------
Number of trouble reports completed
-------------------------------------------------------------------------------
Reporting Period:
-----------------
Page 8
Attachment 17
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
3. Report Rate
-----------
Definition:
-----------
The metric measures the number of troubles per 100 lines in service per
month.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. This measure includes PACIFIC Network
troubles only. This measure will be calculated separately for each PACIFIC
region. These regions are Los Angeles, Bay, North and South. Measurements
will be calculated by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
--------------------------------------------------------------------------------
Number of trouble reports per month
-----------------------------------
Number of Lines + 100
--------------------------------------------------------------------------------
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
4. Receipt To Clear Duration
-------------------------
Definition:
-----------
Measures the average duration in hours and minutes of all trouble reports
from receipt to clear.
Method of Calculation:
----------------------
As a measurement of comparable service, this metric will be in parity with
PACIFIC's comparable services. This measure includes PACIFIC Network
troubles only. This measure will be calculated separately for each PACIFIC
region. These regions are Los Angeles, Bay, North and South. Measurements
will be calculated by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
--------------------------------------------------------------------------------
Total Number of Trouble Hours and Minutes
-----------------------------------------
Total Number of Trouble Reports
--------------------------------------------------------------------------------
Reporting Period:
-----------------
Monthly, and sorted by Business (Single and Multi-line, Centrex, PBX
Trunks), Residence, Link, and ISDN.
Page 9
Attachment 17
A.3 Local Wholesale Billing
1. Timeliness of Mechanized Local Xxxx Delivery
--------------------------------------------
Definition:
-----------
Measures the number of days from xxxx date to delivery.
Method of Calculation:
----------------------
--------------------------------------------------------------------------------
Number of mechanized CABS bills on time
--------------------------------------- x 100
Total number of bills received
--------------------------------------------------------------------------------
2. Timeliness of Local Service Order Billing
-----------------------------------------
Definition:
-----------
Measures the number of Local Service Orders billed within the current xxxx
cycle.
Calculation:
------------
Will be based on a statistically valid sample of billed orders.
--------------------------------------------------------------------------------
Number of local orders billed in the correct xxxx period
-------------------------------------------------------- x 100
Total service orders
--------------------------------------------------------------------------------
3. Accuracy of Mechanized CABS Xxxx Format
---------------------------------------
Definition:
-----------
Measures the number of bills that pass agreed upon validation edits
(format) the first time.
Calculation:
------------
--------------------------------------------------------------------------------
Number of accurately formatted CABS Mechanized bills
---------------------------------------------------- x 100
Total number of CABS Mechanized bills
--------------------------------------------------------------------------------
4. Financial Accuracy of Local Other Charges and Credits
-----------------------------------------------------
Definition:
-----------
Measures the accuracy of the OC&C Local Charges
Calculation:
------------
Will be based on a statistically valid sample of OC&C Charges
Page 10
Attachment 17
--------------------------------------------------------------------------------
100 - (Total estimated Net Consequences of $ Rec & NRC OC&C)
------------------------------------------------------------ x 100
Total Net OC&C Billed $
--------------------------------------------------------------------------------
5. Timeliness of Correction/Adjustment Dollars
-------------------------------------------
Definition:
-----------
Measures the number of adjustments corrected within the agreed upon time
frames.
Calculation:
------------
--------------------------------------------------------------------------------
Number of errors corrected in agreed time frame
----------------------------------------------- x 100
Total number of errors
--------------------------------------------------------------------------------
6. Xxxx Period Closure
-------------------
Definition:
-----------
Measures the review of each xxxx within agreed upon time frames.
No Calculation Required
Page 11
Attachment 17
A.4 Usage Data Transfer
Performance Measures
General Description:
PACIFIC will provide Local Usage Information detail in an accurate and
timely manner. The format and content is described in the Bellcore EXCHANGE
MESSAGE RECORD (EMR) document in effect as of the Effective Date of this
Agreement and the CLC Local Resale Data Transfer Requirements.
Because these processes are new, CLC and PACIFIC agree to jointly review
and revise these performance standards as Local Resale is fully implemented
to ensure that:
. the processes are stabilized and that agreed upon in-service volumes are
met,
. comparative measures of parity with PACIFIC's retail processes are
established, where appropriate,
. the standards reflect elements required by CLC to xxxx end users,
. an accurate baseline using some historical data for resale is in place.
1. File Transfer
Definition:
PACIFIC will initiate and transmit files that are error free and without
loss of signal.
Method of Calculation:
--------------------------------------------------------------------------------
Number of Error Free Files received
-----------------------------------
Number of Files sent x 100 = (greater than or
equal to) 95%
--------------------------------------------------------------------------------
Note: All measurements will be on a calendar month. Joint review of
performance and value for this standard will be done after six months from
Effective Date. No comparative measure applies.
Reporting Period:
Monthly
2. % Timeliness
Definition:
PACIFIC will mechanically transmit, via CONNECT:Direct, all available usage
records to CLC's Message Processing Center once a day, Monday through
Friday, or as negotiated. CLC and/or PACIFIC's Data Center Holidays are
excluded. CLC and PACIFIC will exchange schedules of designated holidays.
Page 12
Attachment 17
PACIFIC and CLC will jointly review and agree on comparative measures of
timeliness, i.e., a measure of parity between the methods used to provide usage
data to PACIFIC's retail billing and the methods used to process CLC's usage
data to CLC. In-service thresholds will be determined using accepted statistical
algorithms.
In the interim, a joint analysis of the timeliness based on cooperative test
accounts will be conducted to ensure common definitions and scope and to create
a baseline for comparison. The following are interim benchmarks for timeliness:
--------------------------------------------------------------------------------
Jan. - Mar. 1997: 90% of all messages delivered within 5 days from when
message recorded.
--------------------------------------------------------------------------------
Apr. - June 1997: 95% of all messages delivered within 5 days from when
message recorded.
--------------------------------------------------------------------------------
June - Sept. 1997: 95% of all messages delivered within 5 days from when
message recorded.
99% of all messages delivered within 10 days from when
message recorded;
--------------------------------------------------------------------------------
October 1997 Forward: 95% of all messages delivered within 5 days from when
message recorded.
99% of all messages delivered within 10 days from when
message recorded;
100% of all messages delivered within 30 days from when
message recorded; or demonstrate parity of performance
with PACIFIC Retail Business standard, as defined by
benchmark audit and analysis.
--------------------------------------------------------------------------------
Note: The audit and analysis of performance during the above time frames is
intended to validate the parity of performance standards.
--------------------------------------------------------------------------------
Oct. 1997: Specified Performance Standard:
--------------------------------------------------------------------------------
End of Agreement 95% of all messages delivered within 5 days from when
message recorded;
--------------------------------------------------------------------------------
99% of all messages delivered within 10 days from when
message recorded;
--------------------------------------------------------------------------------
100% of all messages delivered within 30 days from when
message recorded or;
--------------------------------------------------------------------------------
Parity of Performance: The above Specified Performance Standard is subject to
change upon PACIFIC's ability to demonstrate Parity of
Performance with its Retail Business standard, as
defined by benchmark audit and analysis.
--------------------------------------------------------------------------------
Reporting Period:
-----------------
Monthly
Page 13
Attachment 17
3. % Recorded Usage Data Complete (A Self-Reporting Measurement)
Definition:
PACIFIC will provide all required Recorded Usage Data and ensure that it is
processed and transmitted within time periods established in Attachment 13.
By January, 1997, in-service volume thresholds will be determined using
accepted statistical algorithms to provide a basis for comparison with
PACIFIC's retail performance. Because messages that are held in PACIFIC's
error file are usually not uniquely identified, CLC and PACIFIC agree to
invoke auditing procedures, as defined in Section 11.1 of the Agreement,
to ensure that the rate of unbillable messages is in parity with the rate
of unbillable messages experienced in PACIFIC's retail business.
Method of Calculation:
--------------------------------------------------------------------------------
Total Number of Recorded Usage Data Records delivered during current
month minus Number of Usage Call Records held in error file at end of
month
------------------------------------------------------------------------
Total Number of Recorded Usage Data Records delivered X 100 = 99.98%
--------------------------------------------------------------------------------
4. % Accuracy
Definition:
PACIFIC will provide Recorded Usage Data in the format and with the content
as defined in the Bellcore document. These measures relate only to
Unbillable unrated local and local toll messages due to critical edit
failures (format errors).
Method of Calculation:
--------------------------------------------------------------------------------
Total Number of Unrated Local Messages Transmitted Correctly
------------------------------------------------------------
Total Number of Unrated Local Messages Transmitted x 100
(greater than or equal to) 98%
---
--------------------------------------------------------------------------------
Note: No comparative measure applies.
Reporting Period:
Monthly
5. % Error Free Data Packs
Definition:
PACIFIC will initiate and transmit all packs that are error free in the
format agreed, as defined in the CLC Local Resale Requirements.
Method of Calculation:
Page 14
Attachment 17
--------------------------------------------------------------------------------
Number of Files Received
------------------------
Number of Files Sent X 100 = 95%
--------------------------------------------------------------------------------
Note: Joint review of performance and value for this standard will be done
after six months from the Effective Date.
Reporting Period:
-----------------
Monthly
6. % Recorded Usage Data Error Resolved
------------------------------------
Definition:
-----------
PACIFIC will ensure that the Recorded Usage Data is transmitted to CLC
error free. The level of detail includes but not limited to: detail
required to rate the call, duration, correct originating/terminating
information, etc. The error is reported to PACIFIC as a Modification
Request (MR). Performance is measured at two levels--Severity 1 or Severity
2.
Severity 1: Includes messages that are xxxx affecting and represents 1% of
the current customer base. Contact to be made by telephone.
Method of Calculation:
----------------------
--------------------------------------------------------------------------------
Number of Severity 1 MRs fixed (less than) 24 Hours
---------------------------------------------------
Number of Severity 1 MR's X 100 = 90% (greater
than or equal to) 90%
--------------------------------------------------------------------------------
100% of all Severity 1 MRs to be fixed within 5 days.
Severity 2: Non-xxxx affecting errors. Contact may be by phone, fax,
e-mail, etc.
Method of Calculation:
----------------------
--------------------------------------------------------------------------------
Number of Severity 2 MR fixed (greater than) 3 days
---------------------------------------------------
Number of Severity 2 MR X 100 = 90% (greater
than or equal to) 90%
--------------------------------------------------------------------------------
100% of All Severity 2 MR to be fixed within 10 days
7. % Billing Inquiry Responsiveness
--------------------------------
Definition:
-----------
PACIFIC will respond to all usage inquiries within 24 hours of CLC's
request for information, Monday through Friday. Severity 1 MR will be
responded to on a seven day a week basis. CLC will receive continuous
status reports until the request for information is satisfied.
Page 15
Attachment 17
Method of Calculation:
----------------------
--------------------------------------------------------------------------------
Number of Billing Inquiries Responded to within 24 Hours
--------------------------------------------------------
Number of Billing Inquiries x 100 = 98%
--------------------------------------------------------------------------------
Section B Performance Thresholds
--------------------------------
Below are listed selected functional activities which are critical to customer
satisfaction and the performance thresholds that will trigger performance and
business process improvement procedures:
------------------------------------------------------------------------------------------------------------------------------------
Functional Activity Threshold
------------------------------------------------------------------------------------------------------------------------------------
1) % Installation Appointment Met. (A.1.1) When results fall below parity
2) % Installation Reports. (A.1.2)
------------------------------------------------------------------------------------------------------------------------------------
1) % Maintenance Appointments Met. When results fall below parity
2) % Repeat Troubles within 30 days.
3) Report Rate.
4) Receipt To Clear Duration.
------------------------------------------------------------------------------------------------------------------------------------
FOC Complete and Accurate Less than 85% of FOCs returned are complete/accurate
------------------------------------------------------------------------------------------------------------------------------------
FOC Timeliness Less than 85% of FOCs returned within 4 hours
------------------------------------------------------------------------------------------------------------------------------------
Migration Notification Less than 85% of Migration Notifications sent in 48 hours.
------------------------------------------------------------------------------------------------------------------------------------
LSP PIC Change Less than 85% of LSP PIC changes completed within 24 hours
------------------------------------------------------------------------------------------------------------------------------------
Service Order Discrepancy Less than 80% of orders submitted without material errors.
------------------------------------------------------------------------------------------------------------------------------------
Customer Service Record Less than 85% of CSRs are sent within 4 hours
------------------------------------------------------------------------------------------------------------------------------------
Trunk Orders Completed on Time When results fall below parity
------------------------------------------------------------------------------------------------------------------------------------
Trunk Firm Order Confirmation Delivered on Time When results fall below parity
------------------------------------------------------------------------------------------------------------------------------------
Trunk Service Order Discrepancy Less than 80% of orders are submitted without material errors.
------------------------------------------------------------------------------------------------------------------------------------
Forecasting (Excludes Interconnection Trunks) When product volumes exceed or fall below the +/- 20% of the
forecast amount.
------------------------------------------------------------------------------------------------------------------------------------
Recorded Usage Data Each instance delivery of Recorded Usage Data exceeds:
(AKA Usage Data Transfer as described in a) A specified performance standard of:
Section A.5) 95% within 5 days;
99% within 10 days;
100% within 30 days. OR,
b) Parity of performance standard as defined in the benchmark audit
and analysis which, once defined, shall prevail over a) above.
------------------------------------------------------------------------------------------------------------------------------------
Page 16
ATTACHMENT 18
-------------
INTERCONNECTION
---------------
Attachment 18
LOCAL INTERCONNECTION TRUNK ARRANGEMENTS
1. General
-------
The Parties will establish Local Interconnection Trunks to exchange local
and intraLATA toll traffic. All Local Interconnection Trunk Groups
established directly with the other Party's network including facilities
and Points of Interconnection ("POIs") will conform with Section 1 of this
Attachment. All traffic exchanged over Local Interconnection Trunk Groups
will be treated as CLC traffic and subject to the terms and conditions of
this Agreement. Neither Party shall terminate Switched Access traffic over
Local Interconnection Trunks. Separate two-way Meet Point trunks will be
established for the joint provisioning of Switched Access traffic. Local
Interconnection will be provided via two-way trunks unless both Parties
agree to implement one-way trunks on a case-by-case basis.
Wherever a tariffed rate is cited or quoted, it is understood that said
cite incorporates any changes to said tariffs as required by the Act.
1.1 Interconnection in Each LATA
1.1.1. Each Party will establish a Local Interconnection Trunk Group
with each Access Tandem in the LATA(s) in which it originates
or terminates local and/or toll traffic with the other Party,
unless CLC orders LATA-Wide Terminating Access from PACIFIC.
The Parties may not route Local Interconnection traffic to an
Access Tandem destined for an NXX that subtends another
tandem unless this is the normal routing as defined in the
LERG. The Parties agree that direct trunking to an end office
from either Party's end office or Access Tandem is permitted
under the terms of this section.
1.1.2. LATA-Wide Terminating Access
----------------------------
The Parties agree that a LATA-wide terminating arrangement
may be selected. Under such an arrangement, interconnection
is established at a single tandem designated by PACIFIC for
termination of all Local Interconnection Traffic destined for
any end office that subtends a PACIFIC access tandem in that
LATA. Carriage of traffic destined for any office that does
not subtend a PACIFIC tandem is contingent upon the
development of industry-wide compensation mechanisms.
1.1.3. Tandem-Level Terminating Interconnection
----------------------------------------
Interconnection at PACIFIC tandems within each LATA: CLC will
interconnect with all PACIFIC Access Tandems in each of the
LATA(s) in which it originates traffic and interconnects with
Pacific, unless CLC selects the LATA-Wide Terminating Option.
1.1.4. In addition to the tandem interconnection described above,
either Party may establish end office-to-end office or end
office-to-tandem or tandem-to-tandem trunk groups. In the
case of host-remote end offices, such interconnection shall
occur at the location of the host or remote, at the option of
the Party deploying the host-remote end office.
Page 1
Attachment 18
1.1.5. CLC and PACIFIC agree to interconnect their networks through
existing and/or new facilities between CLC end offices and/or
Access Tandem Switches and the corresponding PACIFIC end
office and/or Access Tandems set forth in Appendix A. The
Parties will establish logical trunk groups referencing the
appropriate CLC Central Office or Routing Point and PACIFIC
Central Office. In addition, where necessary, and as mutually
agreed to, the Parties will define facilities between their
networks to permit trunk group(s) to be established between
the points listed in Appendix A.
1.1.6. Nothing in the foregoing restricts either Party from ordering
and establishing CLC/ PACIFIC Local Interconnection Trunk
Groups in addition to the initial combinations described
above. Amendment to the attached table may be made by either
Party, upon 30 days written notice and acceptance by the
other Party. Acceptance will not be unreasonably withheld.
Such amendments may be made without the need to renegotiate
the terms of the rest of this Attachment.
1.2. Single POI Model
----------------
Unless otherwise agreed by the Parties, for each interconnection
between the Parties for the exchange of local, intraLATA toll, and
Meet Point Switched Access traffic, the Parties agree that there will
be a single Point of Interconnection between any two switching
entities.
1.3. Sizing and Structure of Interconnection Facilities.
--------------------------------------------------
1.3.1. The Parties will mutually agree on the appropriate sizing for
facilities based on the standards set forth below. The
capacity of interconnection facilities provided by each Party
will be based on mutual forecasts and sound engineering
practice, as mutually agreed to by the Parties during
planning and forecasting meetings. The interconnection
facilities provided by each Party shall be formatted using
either Alternate Xxxx Inversion Line Code or Superframe
Format Framing. DS3 facilities will be optioned for C-bit
Parity.
1.3.2. When interconnecting at PACIFIC's tandems, the Parties agree
to optionally establish Bipolar 8 Zero Substitution Extended
Super Frame ("88ZS ESF") two-way trunks, where technically
feasible, for the sole purpose of transmitting 64K CCC data
calls. In no case will these trunks be used for calls for
which the User Service Information parameter (also referred
to as "Bearer Capability") is set for "speech". Where
additional equipment is required, such equipment would be
obtained, engineered, and installed on the same basis and
with the same intervals as any similar growth job for IXC,
CLC, or PACIFIC internal customer demand for 64K CCC trunks.
1.3.3. When interconnecting at PACIFIC's digital end offices, the
Parties have a preference for use of B8ZS ESF two-way trunks
for all traffic between their networks. Where available, such
trunk equipment will be used for these Local Interconnection
Trunk Groups. Where AMI trunks are used, either Party may
request upgrade to B8ZS ESF when such equipment is available.
Page 2
Attachment 18
1.4. Combination Interconnection Trunks.
1.4.1. If requested by either Party, the Parties agree to work
cooperatively to combine all functionalities of Local
Interconnection Trunk Groups and Meet Point Trunk Groups on a
single Combination Interconnection Trunk Group at any
feasible Point Of Interconnection where either Party desires,
except in connection with the LATA-Wide terminating option.
1.4.2. The Parties agree to make the initial decision as to whether
the use of Combination Interconnection Trunk Groups is
feasible, including a determination of switched software
compatibility, ordering procedures and billing procedures, no
later than four months from the effective date of this
Agreement, or either Party's request, whichever is later.
1.4.3. If the Parties find the use of Combination Interconnection
Trunk Groups not to be feasible at that time, the Parties
will undertake a review of such feasibility and a further
decision on the use of Combination Interconnection Trunk
Groups at six month intervals, at either Party's request,
through the term of the Agreement.
1.4.5. Whenever the use of Combination Interconnection Trunk Groups
is determined to be feasible, and ordering and billing
procedures have been established:
a) Any new trunk groups may be ordered using the Combination
Interconnection Trunk Group option; and
b) The Parties will work together in good faith to complete
the conversion from the use of separate Local
Interconnection Trunk Groups and Meet Point Trunk Groups
to the use of Combination Interconnection Trunk Groups
within six months from that time.
1.5. Signaling Protocol
The Parties will interconnect their networks using SS7 signaling as
defined in GR-317 and GR-394, including ISDN User Part ("ISUP") for
trunk signaling and Transaction Capabilities Application Part
("TCAP") for CCS-based features in the interconnection of their
networks. Either Party may establish CCS interconnections either
directly and/or through a third party. Whether direct or by third
party, CCS interconnection shall be pursuant to PUB L-780023-PS/NB
and in accordance with the rates, terms and conditions of the
Parties' respective tariffs. The Parties will cooperate in the
exchange of TCAP messages to facilitate full interoperability of CCS-
based features between their respective networks, including all CLASS
features and functions, to the extent each carrier offers such
features and functions to its own end users. All CCS signaling
parameters will be provided including CPN. All privacy indicators
will be honored. The Parties will interconnect their networks using
SS7 signaling as defined in PUBL-780023 PB/NB Issue 3 or later.
1.6. Transit Signaling
CLC may choose to route SS7 signaling information (e.g., ISUP, TCAP)
from CLC's signaling network to another CLC's signaling network via
PACIFIC's signaling network for the purpose of exchanging call
processing and/or network
Page 3
Attachment 18
information between CLC and the other CLC's network, whether or not
PACIFIC has a trunk group to the terminating switch, provided that,
where PACIFIC does not have such a group trunk, CLC furnishes
PACIFIC through the "CCS\SS7 Interconnect Questionnaire" the
necessary information, including:
1.6.1. the destination point codes ("DPCs") of all the CLC switches
to which it wishes to send transit signaling;
1.6.2. the identity of the STPs in PACIFIC's network in which each
DPC will be translated;
1.6.3. the identity of the STPs in the other signaling network to
which such transit signaling will be sent; and
1.6.4. a letter from the other CLC authorizing PACIFIC to send such
signaling messages.
The rates for Transit Signaling are as specified in Attachment 8.
1.7. Either Party may opt at any time to terminate, i.e., overflow, to
the other Party some or all local exchange traffic and intraLATA
toll traffic originating on its network, together with Switched
Access traffic, via Feature Group D or Feature Group B Switched
Access Services. Either Party may otherwise purchase these Switched
Access Services from the other Party subject to the rates, terms and
conditions specified in its standard intrastate access tariffs.
1.8. When the Tandem-Level Terminating option is chosen, each Party shall
deliver to the other Party over the Local Interconnection Trunk
Group(s) only such traffic which is destined for those publicly
dialable NPA NXX codes served by end offices that directly subtend
the Access Tandem or to those Wireless Service Providers that
directly subtend the Access Tandem. When a LATA-Wide Terminating
Interconnection option is chosen, CLC may route Local
Interconnection traffic to a PACIFIC Access Tandem destined for any
NXX served by an End Office that subtends a PACIFIC Access Tandem in
the LATA that is defined in the LERG.
1.9. Unless otherwise agreed to, each Party shall deliver all traffic
destined to terminate at either Party's end office or tandem in
accordance with the serving arrangements defined in LERG.
1.10. Where the Parties deliver over the Local Interconnection Trunk Group
miscellaneous calls (e.g., time, weather, NPA-555, California 900,
Mass Calling Codes) destined for each other, they shall deliver such
traffic in accordance with the serving arrangements defined in the
LERG.
1.11. N11 codes (e.g., 411, 611, & 911) shall not be sent between CLC's
and Pacific's network over the Local Interconnection Trunk Groups.
1.12. PACIFIC shall deliver all traffic destined to terminate at a CLC end
office in accordance with the serving arrangements defined in the
LERG except, PACIFIC will not deliver calls destined for CLC end
office(s) via another LEC's or CLC's tandem.
Page 4
Attachment 18
1.13. Maintenance of Service
1.13.1. A Maintenance of Service charge applies whenever either
Party requests the dispatch of the other Party's personnel
for the purpose of performing maintenance activity on the
interconnection trunks, and any of the following conditions
exist:
1.13.1.1. No trouble is found in the interconnection
trunks; or
1.13.1.2. The trouble condition results from equipment,
facilities or systems not provided by the Party
whose personnel were dispatched; or
1.13.1.3. Trouble clearance did not otherwise require
dispatch and, upon dispatch requested for repair
verification, the interconnection trunk did not
exceed Maintenance Limits.
1.13.12. If a Maintenance of Service initial charge has been
applied and trouble is subsequently found in the
facilities of the Party whose personnel were dispatched,
the charge will be canceled.
1.13.3. Billing for Maintenance of Service is based on each half-
hour or fraction thereof expended to perform the work
requested. The time worked is categorized and billed at one
of the following three rates:
i. basic time;
ii. overtime; or
iii. premium time,
as defined for billing by PACIFIC in Pacific's revised
tariff Schedule Cal. P.U.C. No. 175-T Section 13 and in
CLC's Exchange tariff.
2. Third Party Traffic
2.1. PACIFIC shall terminate traffic from third-party LECS, CLCS, or
Wireless Service Providers delivered to PACIFIC's network through a
CLC tandem. Prior to the routing of such traffic, the Parties agree
to negotiate the issues of network capacity and forecasting caused by
such termination. The Parties shall conduct such negotiations in good
faith and shall not unreasonably withhold consent to the routing of
such traffic.
2.2. PACIFIC shall complete traffic delivered from CLC destined to third-
party LECS, CLCs or WSPs in the LATA. PACIFIC shall have no
responsibility to ensure that any third-party LEG, CLC or WSP will
accept such traffic.
2.3. PACIFIC shall accept, from any third-party LEC, CLC, or WSP in the
LATA, traffic destined for a CLC end office subtending the relevant
PACIFIC tandem, or a LEC, CLC or WSP subtending CLC's end office if
PACIFIC has a provision in an interconnection agreement with such
LEC, CLC or WSP permitting such an arrangement.
3. Compensation for Call Termination
Page 5
Attachment 18
3.1. In all cases, resale lines (whether purchased by CLC or a third
party) in PACIFIC's switches will be treated in the same manner as
PACIFIC's end user customers for the purposes of call termination
charges.
3.2. For calls that originate from or terminate to a CLC Local Switching
Network Element ("LSNE"), bound for or terminated from a third party
LEC, the Parties agree that PACIFIC shall make arrangements directly
with that third party for any compensation owed in connection with
such calls on CLC's behalf.
3.3. PACIFIC agrees to xxxx any facilities-based third party referred to
in Section 3.2, above, unless, after thirty (30) days' notice in
writing to PACIFIC, CLC requests otherwise. To compensate PACIFIC for
this service, CLC agrees to pay $.005 (one-half cent) per message.
3.4. For calls that originate from a facilities-based third party and
terminate to a CLC LSNE, PACIFIC will compensate CLC on behalf of
that third party. For calls that terminate to a facilities-based
third party from a CLC LSNE, PACIFIC has agreed to charge CLC as if
the call terminated in PACIFIC's network, using PACIFIC's rates as
described below. In the event CLC elects not to use PACIFIC's billing
service described in Section 3.3, above, CLC shall deal directly with
third parties regarding compensation for call termination.
3.5. The following compensation terms shall apply in all cases where CLC
purchases PACIFIC's LSNE. Unless otherwise stated, all charges are as
specified in Attachment 8 to this Agreement.
3.5.1. For Local intra-switch calls where CLC has purchased
PACIFIC's LSNE, the Parties agree to impose no call
termination charges on each other. Where the call is:
3.5.1.1. Originated by CLC's end user customer and completed
to a PACIFIC customer:
3.5.1.1.1. For use of the local switch
. Local Switching Capacity charge at
the originating office.
3.5.1.2. Originated by CLC's end user customer and completed
to the customer of a third party carrier (not
affiliated with CLC) using PACIFIC's LSNE:
3.5.1.2.1. For use of the local switch
. Local Switching Capacity charge at
the originating office.
3.5.1.3. Originated by CLC's end user customer and completed
to another of CLC's end user customers using
PACIFIC's LSNE:
3.5.1.3.1. For use of the local switch
. Local Switching Capacity charge at
the originating office.
Page 6
Attachment 18
3.5.1.4. Originated by a PACIFIC customer and terminated to
CLC's LSNE:
. No Local Switching Capacity charge will apply.
3.5.1.5. Originated by the customer of a third party carrier
(not affiliated with CLC) using PACIFIC's LSNE and
terminated to CLC's LSNE:
. No Local Switching Capacity charge will apply to
CLC.
. The Local Switching Capacity charge on the
originating end will be imposed on the third-
party carrier.
3.5.2. For Local inter-switch calls where CLC has purchased
PACIFIC's LSNE, the Parties agree to impose no call
termination charges on each other. Unless otherwise
specified, PACIFIC's charges will apply to CLC as described
below where the call is:
3.5.2.1. Originated by CLC's end-user customer and completed
to a PACIFIC end user:
3.5.2.1.1. For use of the local switch
. Local Switching Capacity charge at the
originating office.
. A mileage-based transport charge will
apply when CLC uses PACIFIC's transport.
3.5.2.2. Originated by CLC's end-user customer and completed
to the LSNE of a third party carrier (not
affiliated with CLC):
3.5.2.2.1. For use of the local switch
. Local Switching Capacity charge at the
originating office.
. A mileage-based transport charge will
apply when CLC uses PACIFIC's transport.
3.5.2.3. Originated by CLC's end-user customer and completed
to the interconnected network of a third party
carrier (not affiliated with CLC):
3.5.2.3.1. For use of the local switch:
. Local Switching Capacity charge at the
originating office.
. A mileage-based transport charge will
apply when CLC uses PACIFIC's transport,
and mileage shall be measured between the
originating office and the POI with the
third party's network.
3.5.2.3.2. For call termination:
. Tandem Transit Switching rate
. Local Switching Capacity charge at the
terminating office.
Page 7
Attachment 18
3.5.2.4. Originated by CLC's end-user customer and completed
to CLC's LSNE:
3.5.4.1. For use of the local switch:
. Local Switching Capacity charge at the
originating office.
. A mileage-based transport charge will
apply when CLC uses PACIFIC's
transport.
. Local Switching Capacity charge at the
terminating office.
3.5.2.5. Originated by a PACIFIC end-user customer and
terminated to CLC's LSNE:
3.5.2.5.1. For use of the local switch:
. Local Switching Capacity Charge at
the terminating office.
3.5.2.6. Originated by a customer of a third-party carrier
(not affiliated with CLC) using PACIFIC's LSNE and
terminated to CLC's LSNE:
3.6.2.6.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
3.5.2.7. Originated by an end-user customer on the
interconnected network of a third-party carrier
(not affiliated with CLC) and terminated to CLC's
LSNE:
3.5.2.7.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. A mileage-based transport charge will
apply when CLC uses PACIFIC's
transport, and mileage shall be
measured between the POI with the
third party's network and the
terminating office.
3.5.2.7.2. For call termination:
. CLC charges to PACIFIC PACIFIC's
Local Switching Capacity charge at
the terminating office.
3.5.3. For intraLATA toll calls where CLC has purchased PACIFIC's
LSNE the charges which follow shall apply. All references to
"NIC", "Local Switching", "Tandem Transit Rate", RIC", and
"CCLC" shall refer to PACIFIC's intrastate or interstate
switched access rates as appropriate:
3.5.3.1 Originated by CLC's end-user customer and completed
to a Pacific end user customer:
3.5.3.1.1. For use of the local switch:
Page 8
Attachment 18
. Local Switching Capacity charge at
the originating office.
. A mileage-based transport charge
between the two offices will apply
when CLC uses PACIFIC's transport.
3.5.3.1.2. Switched Access charges, per PACIFIC's
Schedule C.P.U.C. Xxxxxx Xx. 000-X
("Switched Access Charges"), shall
apply as follows:
. NIC
3.5.3.1.3. For call termination at the terminating
office, Switched Access Charges shall
apply as follows:
. Local Switching
. NIC
3.5.3.2. Originated by CLC's end-user customer and completed
to the customer of a third-party carrier (not
affiliated with CLC) using PACIFIC's LSNE in a
distant end office:
3.5.3.2.1. For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. A mileage-based transport charge
between the two offices will apply
when CLC uses PACIFIC's transport.
. NIC at the originating office
3.5.3.2.2. For call termination:
. Local Switching Capacity at the
terminating office per Attachment 8.
3.5.3.3. Originated by CLC's end-user customer and completed
to the network of third-party carrier (not
affiliated with CLC) interconnected with PACIFIC's
network:
3.5.3.3.1. For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. A mileage-based transport charge
will apply when CLC uses PACIFIC's
transport, and mileage shall be
measured between the originating
office and the POI with the third
party's network.
. NIC at the originating office
. Tandem Transit rate
3.5.3.3.2. For call termination:
. Local Switching
. NIC
. Tandem Switching (if charged by the
third party)
Page 9
Attachment 18
3.5.3.4. Originated by CLC's end-user customer and completed
to another of CLC's customers being served through
PACIFIC's LSNE in a distant office:
3.5.3.4.1. For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. A mileage-based transport charge
between the two offices will apply
when CLC uses PACIFIC's transport.
. NIC at the originating office
. Local Switching Capacity charge at
the terminating office.
. NIC at the terminating office
3.5.3.5. Originated by a PACIFIC customer and terminated to
CLC's end-user customer.
3.5.3.5.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. NIC at the terminating office
3.5.3.5.2. For call termination CLC will charge to
PACIFIC PACIFIC's Switched Access
Charges at the terminating office:
. Local Switching
. NIC
3.5.3.6. Originated by the customer of a third-party carrier
(not affiliated with CLC) using PACIFIC's LSNE in a
distant end office and terminated to CLC's LSNE:
3.5.3.6.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. NIC at the terminating office
3.5.3.6.2. For call termination:
. CLC will charge to PACIFIC PACIFIC's
Local Switching Capacity charge per
Attachment 8
3.5.3.7. Originated by a customer on the network of a third-
party carrier (not affiliated with CLC)
interconnected with PACIFIC's network and
terminated to CLC's LSNE.
3.5.3.7.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. NIC at the terminating office
. A mileage-based transport charge
will apply when CLC uses PACIFIC's
transport, and
Page 10
Attachment 18
mileage shall be measured between
the POI with the third party and the
terminating office.
3.5.3.7.2. or call termination CLC will charge to
PACIFIC PACIFIC's Switched Access
charges:
. Local Switching
. NIC
3.5.4. For intrastate Switched Access calls where CLC is using
PACIFIC's LSNE for calls originated from or terminated to an
IXC for completion:
3.5.4.1. For calls originated from CLC's end-user customer
to CLC's own IXC switch (or that of an affiliate)
for completion:
3.5.4.1.1 For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. NIC at the originating office
. PACIFIC will charge CLC's IXC
affiliate appropriate Switched Access
elements.
3.5.4.2. For calls originated from CLC's end-user customer
to an IXC's switch not affiliated with CLC.
3.5.4.2.1. For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. NIC at the originating office
. PACIFIC and CLC shall charge the IXC
for originating Switched Access on a
Meet Point basis per Attachment 13
of this Agreement.
3.5.4.3. For calls terminating to CLC's end-user customer
from CLC's own IXC switch (or that of an affiliate)
for completion.
3.5.4.3.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. NIC at the terminating office
. PACIFIC shall charge CLC's IXC
(affiliate) appropriate Switched
Access elements
3.5.4.4. For calls terminating to CLC's end-user customer
from an IXC switch not affiliated with CLC.
3.5.4.4.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. NIC at the terminating office
Page 11
Attachment 18
. PACIFIC and CLC shall charge the IXC
terminating Switched Access on a
Meet Point basis per Attachment 13
of this Agreement
3.5.5. For interstate Switched Access calls where CLC is using
PACIFIC's LSNE for calls originated from or terminated to an
IXC for completion:
3.5.5.1.1. For calls originated from CLC's end-user customer
to CLC's own IXC switch (or that of an affiliate)
for completion.
For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. RIC and CCLC at the originating
office
. PACIFIC shall charge CLC's IXC
(affiliate) appropriate Switched
Access elements.
3.5.5.2. For calls originated from CLC's end-user customer
to an IXC's switch not affiliated with CLC.
3.5.5.2.1. For use of the local switch:
. Local Switching Capacity charge at
the originating office.
. RIC and CCLC at the originating
office
. PACIFIC and CLC shall charge the IXC
for originating Switched Access on a
Meet Point basis per Attachment 13
of this Agreement.
3.5.5.3. For calls terminating to CLC's end-user customer
from CLC's own IXC switch (or that of an
affiliate) for completion.
3.5.5.3.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. RIC and CCLC at the terminating
office
. PACIFIC shall charge CLC's IXC
(affiliate) appropriate Switched
Access elements.
3.5.5.4. For calls terminating to CLC's end-user customer
from an IXC's switch not affiliated with CLC.
3.5.5.4.1. For use of the local switch:
. Local Switching Capacity charge at
the terminating office.
. RIC and CCLC at the terminating
office
. PACIFIC and CLC shall charge the
IXC for terminating Switched
Access on a Meet Point basis per
Attachment 13 of this Agreement.
Page 12
Attachment 18
3.6. The following terms apply where CLC and PACIFIC interconnect using
their own networks, pursuant to Section I of this Attachment.
3.6.1. For Local and intraLATA Toll traffic originated by CLC (or
CLCs subtending its network) to PACIFIC:
3.6.1.1. The following call termination rates shall apply
for intraLATA traffic terminated from CLC to
PACIFIC or from PACIFIC to CLC. CLC and PACIFIC
agree to the mutual exchange of Local Calls without
explicit compensation ("xxxx and keep") where
traffic flows between CLC and PACIFIC are in
balance, as defined in 3.6.1.1.1, below. Where
such traffic is not in balance, CLC and PACIFIC
agree to call termination at the rates set out in
3.6.1.1.3, below, for that portion of the traffic
that is out of balance.
3.6.1.1.1. The Parties will measure Local Call
traffic between them and will use such
measure to determine the balance of
traffic between them and the
compensation due, if any. The Parties
will make measurements and report the
results to each other on a calendar-
quarter basis (i.e., January-March,
April-June, July-September, October-
December). Each Party will be
responsible for the measurement of its
originating traffic transmitted to the
other. The Parties will undertake
traffic measurements on a LATA-Wide
basis in each LATA where the Parties
interconnect. The Parties will report
measurements to each other no later
than the end of the month following the
completion of the quarter. The
provisions of this Section and of
3.6.1.1.2 and 3.6.1.1.3, below, will
not apply until the first full calendar
quarter after the initial installation
date of local interconnection trunks.
The reported measurements will
determine the requirement for payments,
if any, for the subsequent full
calendar quarter. In determining
whether any amount for call termination
is owing under this section, neither
Party shall be obligated to pay the
other unless, on a LATA-Wide basis, the
net usage differential (i.e., the
difference between the respective
Parties' usage levels, calculated by
subtracting the lower total number of
minutes of use in a quarter from the
higher total number) exceeds the
following percentages of the total
volume of local traffic exchanged
between the Parties in the LATA:
i. The applicable percentage for 0 to
2,000,000 minutes of use will be
10%;
ii. The applicable percentage for
2,000,001 through 5,000,000 minutes
of use will be 5%;
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Attachment 18
iii. The applicable percentage for
greater than 5,000,000 minutes of
use will be 2%.
3.6.1.1.2. The Parties agree that any calculation
of net usage differential for local
traffic volumes less than the
percentages set out immediately above
shall demonstrate the Parties' traffic
to be in balance for purposes of this
Section. The Parties will base
calculation under this Section on AMA
recordings, which shall be made, in
the originating Parties' network. The
Parties agree to report to each other
on a quarterly basis the total monthly
local minutes of use each terminates to
the other Party.
3.6.1.1.3. Where the Parties' traffic is not in
balance, as determined in the
immediately preceding Section, the
Party terminating the greater amount of
local traffic to the other (the
"out-of-balance Party") will pay the
other Party, for all the minutes of use
in excess of the number of minutes
terminated to it by the other Party,
call termination rates based on the
following rate elements, per minute of
use. The out-of-balance Party will
continue to make such payments through
the end of the quarter in which it is
determined that its traffic is no
longer out-of-balance. Upon such a
determination, the payments shall cease
until the Parties' traffic is again
determined to be out of balance. When
traffic exchanged is out of balance,
the out of balance Party shall pay the
following rates per Attachment 8
i. Basic Switching Interoffice
(Terminating),
ii. Tandem Switching (where used), and
iii. Common Transport (where used).
3.6.1.1.4. Once the Commission has established
rates for Local Call transport and
termination in its Open Access and
Network Architecture Development
("OANAD") proceeding, those rates shall
apply in lieu of the above-specified
rate elements.
3.6.1.2. For Local and intraLATA Toll traffic originated by
CLC (or CLCs subtending its network) to PACIFIC,
CLC agrees to pay PACIFIC the following:
3.6.1.2.1. Local calls: Xxxx and Keep (applicable
to all local Zone Usage Measurement
("ZUM") Xxxx 0, Xxxx 2 and Zone 3, and
Extended Area Service traffic) shall
apply unless the Parties' traffic is
out of balance per Section 3.6.1.1.1,
above. In the latter event, the
provisions of Section 3.6.1.1.3 shall
apply.
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Attachment 18
3.6.1.3. Toll calls
The following rate elements are applicable to
intraLATA toll calls, based on the rates in
PACIFIC's Cal. PUC 175-T, Section 6.
3.6.1.3.1. For common switched transport where
PACIFIC's tandem is used:
. Fixed - per minute of use.
. Variable - per mile per minute of
use. Mileage shall be calculated
based on the airline miles between
the Vertical and Horizontal ("V&H")
coordinates of the POI, and the
PACIFIC end office, WSP serving
switch, or CLC routing point.
. Tandem Switching.
3.6.1.3.2. Local switching
3.6.1.3.3. NIC
3.6.1.3.4. CLC will pay two times the Tandem
Switching rate as specified in
Attachment 8 for all calls delivered to
the designated PACIFIC access tandem
whenever CLC elects the LATA-Wide
Terminating Option.
3.6.1.4. For Local and intraLATA Toll traffic originated
from PACIFIC to CLC, PACIFIC agrees to pay CLC the
following:
3.6.1.4.1. Local calls
Xxxx and Keep: (applicable to all local
Zone Usage Measurement ("ZUM") Xxxx 0,
Xxxx 2 and Zone 3, and Extended Area
Service traffic) shall apply unless the
Parties' traffic is out of balance per
Section 3.6.1.1.1. above. In the
latter event, the provisions of
Section 3.6.1.1.3. shall apply.
3.6.1.4.2. Toll calls
The following rate elements from
PACIFIC's Tariff Cal. PUC 175-T will
apply when a toll call routes over
Local Interconnection Trunk Groups:
. For common switched transport: where
CLC's tandem is used:
(i) Fixed - per minute of use.
(ii) Variable - per mile per minute
of use. Mileage shall be calculated
based on the airline miles between
the Vertical and Horizontal ("V&H")
coordinates of the POI, and the CLC
end office or CLC routing point.
. Tandem Switching
. Local Switching
. NIC
Page 15
Attachment 18
3.7 Tandem Transit Switching rate:
Tandem Transit Switching rate shall be equal to the Tandem Switching
rate plus two times the Common Transport Fixed rate element as
specified in Attachment 8.
3.7.1. The transit rate provides for Access Tandem switching when
either Party uses the other Party's Access Tandem to
originate a call to a third party such as another LEC, CLC,
or Wireless Service Provider.
3.7.2. If either Party receives a call through the other Party's
Access Tandem that originates from another LEC, CLC or
wireless service Provider, the Party receiving the transited
call will not charge the other Party any rate element for
this call regardless of whether the call is local or toll.
The Parties will establish appropriate billing relationships
directly with the Wireless Service Provider, other CLC or
LEC.
3.7.3. When CLC uses a PACIFIC access tandem to transit a toll call
to another LEC end office, and that LEC is a member of the
California Toll Pool, ("Pooling LEC"), PACIFIC will xxxx, and
CLC will pay, PACIFIC's local switching and proportionate
local transport rates in addition to the transit rate above.
PACIFIC will remit such revenues to the California Toll Pool.
When a Pooling LEC originates a toll call that terminates to
a CLC NXX, CLC will xxxx and PACIFIC will pay, CLC local
switching and local transport rates as if the call originated
from a PACIFIC end office.
3.8 For intraLATA Toll Free Service calls where such service is provided
by one of the Parties, the compensation set forth in Section 3 above,
shall be charged by the Party originating the call, rather than the
Party terminating the call. This includes originating charges listed
in Section 3 as well as a database query charge as specified in
PACIFIC's intrastate access tariff or CLC's local exchange tariff.
3.9 Each Party will calculate terminating interconnection minutes of use
based on standard Automatic Message Accounting ("AMA") recordings made
within each Party's network. These recordings are the basis for each
Party to generate bills to the other Party. Either Party may request
the exchange of originating EMR records in order to xxxx the other
Party terminating minutes of use. The Parties agree to cooperate in
the exchange of the records if so requested.
3.10 Measurement of minutes of use over Local Interconnection Trunk Groups
shall be in actual conversation seconds. The total conversation
seconds over each individual Local Interconnection Trunk Group will be
totaled for the entire monthly xxxx and then rounded to the next whole
minute.
3.11 Each Party will provide the other, within fifteen (15) calendar days
after the end of each calendar quarter, a usage report with the
following information regarding traffic it sent to (i.e., terminated
over) the Local Interconnection Trunk arrangements:
Page 16
Attachment 18
3.11.1. Total traffic volume described in terms of minutes and
messages and by call type (local, toll and other) terminated
to each other over the Local Interconnection Trunk Groups;
and
Percent Local Usage (PLU)
3.12. The Parties will provide CCS to one another in conjunction with all
trunk groups. CLC may establish CCS interconnections either directly
and/or through a third party. CCS interconnection, whether direct or
by third party, shall be pursuant to PUB L-780023-PB/NB and charges
will be applied based on the option for CCS interconnection CLC
selects, as follows:
3.12.1. If CCS interconnection is from PACIFIC's STPs to CLC's STPs
solely for the purpose of exchanging signaling for each
Party's local exchange traffic, then no charges will apply
for such SS7 links or ports.
3.12.2. If CLC uses a third-party CCS provider to connect to
PACIFIC's STPs, then charges will apply to such SS7 links,
to the third party, as set forth in PACIFIC's CPUC 175-T
tariff, Section 6.
3.12.3 If CLC connects its end office(s) directly to PACIFIC's
STPS, then PACIFIC will apply 50% (one-half) of the charges
set forth in PACIFIC's CPUC 175-T tariff, Section 6, for
such SS7 links.
3.12.4 If, in the future, CLC elects to use local interconnection
signaling arrangement option 3.12.1 or 3.12.3 above for
Switched Access calls (e.g., FGB or FGD), the Parties agree
to renegotiate the rates, terms, and conditions prior to
such use. The Parties will cooperate in the exchange of TCAP
messages to facilitate full interoperability of CCS-based
features between their respective networks, including all
CLASS features and functions, to the extent each Party
offers such features and functions to its own end users. All
CCS signaling parameters will be provided including CPN. All
privacy indicators will be honored.
3.13. For 976 or California 900 calls (those 900 NXXs shown in the LERG as
PACIFIC's 900 NXXs), CLC shall deliver calls originated over CLC-
provided exchange services to the Local Interconnection Trunk Groups.
The Parties will separately reach agreement on the rating and billing
of such calls.
4. Compensation For Use Of Local Interconnection Facilities
4.1. Interconnection facilities include the facility that connect the
Parties' respective switching networks.
4.2. The Parties will specify the end office, routing point, and/or Access
Tandem at which the two networks will interconnect for exchange
traffic, as specified in Appendix A.
4.3. The Parties agree to amend this Agreement when new facilities are
established pursuant to Section 1 of this Agreement and to mutually
negotiate the compensation for such facilities.
Page 17
Attachment 18
4.4. The Parties agree that each has an equal obligation to interconnect
their network infrastructure to the other's network.
The following describes the arrangement between the Parties for
compensation for facilities established to transport Local Exchange
Traffic between the Parties. The Parties agree to the following terms
based on consideration of the generally balanced use of the Parties'
respective facilities for interconnection. Such consideration is
based on relative facility length the capacity provided to each
other, determined by the comparison of facility deployment behind the
POls associated with CLC collocation arrangements and Pacific's
network. This compensation is contingent on a balanced facility
interconnection as defined in the table of interconnections attached
as Appendix A of this Attachment.
4.4.1 Where the POl for the Local Interconnection Trunk Group is
located other than in the same Wire Center as the PACIFIC
Central Office where the Local Interconnection Trunk Group
terminates, CLC will pay a monthly charge for the PACIFIC
provided facility according to Pacific's tariff, in addition
to the Switched Access elements in Section 3 above. CLC will
pay a monthly charge for the facility and collocation cross-
connect equal to one channel termination at DS-1 rates (per
DS-1 used for Local Interconnection Trunks) or DS-3 rates (per
DS-3 used for Local Interconnection Trunks) according IL-0
PACIFIC's CPUC 175-T tariff, Section 6.8.2., in addition to
the Switched Access elements for Toll Calls, above. CLC may,
at its option, choose to pay PACIFIC either the applicable
PACIFIC tariffed DS-1 rates for those DS-1(s) used for Local
Interconnection Trunks in a DS-3 facility, or pay the
applicable PACIFIC tariffed DS-3 rate for each DS-3 facility
used for Local Interconnection Trunks between the Parties.
4.4.2 Where the POI for the Local Interconnection Trunk Group is at
a collocation arrangement in the same Wire Center as the
PACIFIC Central Office where the Local Interconnection Trunk
Group terminates, PACIFIC will pay CLC a monthly charge of one
channel termination according to CLC's analogous tariff, in
addition to the Switched Access elements identified for Toll
Calls above. PACIFIC may, at its option, choose to pay CLC
either the applicable CLC tariffed DS-1 rate for those DS-1(s)
used for Local Interconnection Trunks in a DS-3 facility, or
pay the applicable CLC tariffed DS-3 rate for each DS-3
facility used for Local Interconnection Trunks between the
Parties.
5. MEET-POINT TRUNKING ARRANGEMENTS
5.1. Two-way trunks will be established to enable CLC and PACIFIC jointly
to provide Feature Group B and D ("FGB and FGD") Switched Access
Services via Pacific's Access Tandem switch.
5.2. CLC may use Meet Point Trunks to send and receive FGB and FGD calls
from Switched Access customers connected to Pacific's Access Tandem.
Page 18
Attachment 18
5.3. The Parties will use separate facilities and separate two-way trunk
groups to each and every PACIFIC Access Tandem under which CLC's NXXs
home using DS-1 or DS-3 facilities other than the facilities used for
Local Interconnection Trunk Groups except as provided in Section 1.4
above. Neither Party will charge the other any amount for any Meet
Point facilities.
5.4. In the case of Switched Access Services provided through Pacific's
Access Tandem, PACIFIC will not offer blocking capability for
Switched Access customer traffic delivered to Pacific's tandem for
completion on CLC's network. The Parties understand and agree that
Meet Point Trunking arrangements are available and functional only
to/from Switched Access customers who directly connect with Pacific's
tandems that CLC subtends in each LATA. In no event will PACIFIC be
required to route such traffic through more than one tandem for
connection to/from Switched Access customers. PACIFIC shall have no
responsibility to ensure that any Switched Access customer will
accept traffic that CLC directs to the Switched Access customer.
PACIFIC also agrees to furnish CLC, upon request, a list of those
IECs which also interconnect with Pacific's tandems.
5.5. The Parties will provide CCS to one another, where and as available,
in conjunction with Meet Point two-way trunk groups. CLC may
establish CCS interconnections (either directly or through a third
party) provided such third-party is interconnected with PACIFIC
pursuant to PUB L 780023-PB/NB and in accordance with Pacific's
inter- and intrastate access tariffs. The Parties will cooperate in
the exchange of TCAP messages to facilitate full inter-operability of
CCS-based features between their respective networks, including all
CLASS features and functions, to the extent each carrier offers such
features and functions to its own end users. CLC will provide all CCS
signaling including, without limitation, Charge Number, and
originating line information ("OLI"). For terminating FGD, PACIFIC
will pass all CCS signaling including, without limitation, CPN if it
receives CPN from FGD carriers. All privacy indicators will be
honored. Network signaling information such as Transit Network
Selection ("TNS") parameter, Carrier Identification Codes ("CIC"),
(CCS platform) and CIC/OZZ information (non-CCS environment) will be
provided by CLC wherever such information is needed for call routing
or billing. The Parties will follow all OBF adopted standards
pertaining to TNS and CIC/0ZZ codes.
5.6. CCS shall be utilized in conjunction with Meet Point Trunks; except
multifrequency ("MF") signaling will be used on a separate Meet Point
Trunk Group to complete originating calls to Switched Access
customers that use MF FGD signaling protocol. MF and CCS trunk groups
shall not be provided within a DS-1 facility; a separate DS-1 per
signaling type must be used.
5.7. All originating Toll Free Service calls for which CLC requests that
PACIFIC perform the Service Switching Point ("SSP") function (e.g.,
perform the database query) shall be delivered using GR-394 format
over the Meet Point Trunk Group. Carrier Code "0110" and Circuit
Code of "08" shall be used for all such calls.
5.8. All post-query Toll Free Service calls for which CLC performs the SSP
function, if delivered to PACIFIC, shall be delivered using GR-394
format over the Meet Point Trunk Group for calls destined to IXCS, or
shall be delivered by CLC using GR-317 format over the Local
Interconnection Trunk Group for calls destined to
Page 19
Attachment 18
end offices that directly subtend the tandem or the designated LATA-
wide tandem to which the calls are destined.
5.9. Originating Feature Group B calls delivered to PACIFIC's tandem shall
use GR-317 signaling format unless the associated FGB carrier employs
GR-394 signaling for its FGB traffic at the serving Access Tandem.
5.10 PACIFIC and CLC shall Meet Point xxxx jointly provided Switched
Access as set forth in Attachment 13 of this Agreement.
6. RESPONSIBILITIES OF THE PARTIES
6.1 CLC and PACIFIC agree to exchange such reports and/or data as
provided in this Agreement to facilitate the proper billing of
traffic. Either Party may request an audit of such usage reports on
no fewer than ten (10) business days written notice and any audit
shall be accomplished during normal business hours at the office of
the Party being audited which shall be Chicago, Illinois for CLC and
San Francisco, California for PACIFIC. Such audit must be performed
by a mutually agreed-to independent auditor paid for by the Party
requesting the audit and may include review of the data described
above. Such audits shall be requested within six months of having
received the PLU factor and usage reports from the other Party, and
may not be requested more than twice per year.
6.2 CLC and PACIFIC will review engineering requirements on a semi-annual
basis and establish forecasts for trunk and facilities utilization
provided under this Agreement. New trunk groups will be implemented
as dictated by engineering requirements of either PACIFIC or CLC.
6.3 CLC and PACIFIC shall share responsibility for all Control Office
functions for Local Interconnection Trunks and Trunk Groups, and both
Parties shall share the overall coordination installation, and
maintenance responsibilities for these trunks and trunk groups.
6.4 CLC is responsible for all Control Office functions for the Meet
Point Trunks and Trunk Groups, and shall be responsible for the
overall coordination, installation, and maintenance responsibilities
for these trunks and trunk groups.
6.5 CLC and PACIFIC shall:
6.5.1. Provide trained personnel with adequate and compatible test
equipment to work with each other's technicians.
6.5.2. Notify each other when there is any change affecting the
service requested, including the due date.
6.5.3. Coordinate and schedule testing activities of their own
personnel, and others as applicable, to ensure its
interconnection trunks/trunk groups are installed per the
interconnection order, meet agreed upon acceptance test
requirements, and are placed in service by the due date.
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Attachment 18
6.5.4. Perform sectionalization to determine if a trouble is located
in its facility or its portion of the interconnection trunks
prior to referring the trouble to each other.
6.5.5. Advise each other's Control Office if there is an equipment
failure that may affect the interconnection trunks.
6.5.6. Provide each other with a trouble reporting number that is
readily accessible and available 24 hours/7 days a week.
6.5.7. Provide to each other test-line numbers and access to test
lines, including a test-line number that returns answer
supervision in each NPA-NXX opened by a Party.
6.6 CLC and PACIFIC will provide their respective billing contact numbers
to one another on a reciprocal basis.
6.7. The Parties will conduct cooperative testing for the proper recording
of AMA records in each carrier switch(es) before establishing
service.
6.8 Each Party shall establish procedures whereby its operator bureau
will coordinate with the operator bureau of the other Party in order
to provide Busy Line Verification ("BLV") and Busy Line Verification
and Interrupt ("BLVI") services on calls between their respective end
users on or before the Due Dates of the first Local Interconnection
Trunk Group(s).
BLV and BLVI inquiries between operator bureaus shall be routed using
network-routable access codes published in the LERG over the Local
Interconnection Trunks.
6.9. Within ninety (90) days of the due date of the initial installation
of local interconnection trunks, CLC will provide to PACIFIC CLC's
references or internal standards governing each topic in Appendix B,
where such references or internal standards exist. Where such
references or internal standards do not exist, the Parties agree to
work together to develop or identify references or internal
standards.
7. INSTALLATION OF TRUNKS
Due dates for the installation of Local Interconnection Trunk Groups and
Meet Point Trunks covered by this Agreement shall be based on Pacific's
intrastate Switched Access intervals.
8. TRUNK FORECASTING
8.1. The Parties shall work towards the development of joint forecasting
responsibilities for traffic utilization over trunk groups. Orders
for trunks that exceed forecasted quantities for forecasted locations
will be accommodated as facilities and/or equipment becomes
available. Parties shall make all reasonable efforts and cooperate in
good faith to develop alternative solutions to accommodate orders
when facilities are not available. Intercompany forecast
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Attachment 18
information must be provided by the Parties to each other twice a
year. The semi-annual forecasts shall include:
8.1.1. Yearly forecasted trunk quantities (which include
measurements that reflect actual tandem Local Interconnection
and Meet Point trunks, End Office Local Interconnection
trunks, and tandem-subtending Local Interconnection end
office equivalent trunk requirements) for a minimum of three
(current and plus-1 and plus-2) years;
8.1.2. The use of Common Language Location Identifier (CLLI-MSG),
which are described in Bellcore documents BR 000-000-000 and
BR 000-000-000; and
8.1.3. A description of major network projects anticipated for the
following six months. Major network projects include trunking
or network rearrangements, shifts in anticipated traffic
patterns, or other activities that are reflected by a
significant increase or decrease in trunking demand for the
following forecasting period.
8.2. If differences in semi-annual forecasts of the Parties vary by more
than 48 additional DSO two-way trunks for each Local Interconnection
Trunk Group, the Parties shall meet to reconcile the forecast to
within 48 DSO trunks. If the Parties are unable to reach such a
reconciliation, the Local Interconnection Trunk Groups shall be
provisioned to the higher forecast. At the end of three months, the
utilization of the Local Interconnection Trunk Groups will be
reviewed and if the average centum call seconds ("CCS") utilization
for the third month is under seventy-five percent (75%) of capacity,
either Party may issue an order to resize the trunk group, which
shall be left with not less than twenty-five percent (25%) excess
capacity.
8.3. If a trunk group is under 75 percent (75%) of CCS capacity on a
monthly average basis for each month of any six month period, either
Party may request the issuance of an order to resize the trunk group,
which shall be left with not less than 25 percent excess capacity. In
all cases, grade of service objectives identified in Section 9
following shall be maintained.
8.4. Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
9. GRADE OF SERVICE
----------------
A blocking standard of one half of one percent (.005) during the average
busy hour, for final trunk groups between the Parties networks carrying
Meet Point traffic shall be maintained. All other final trunk groups shall
be engineered with a blocking standard of one percent (.01).
10. LOCAL INTERCONNECTION TRUNK SERVICING
-------------------------------------
10.1 Orders between the Parties to establish, add, change or disconnect
trunks shall be processed by use of an Interconnection Service
Request ("ISR") for CLC
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Attachment 18
orders to PACIFIC or an Access Service Request "ASR" for PACIFIC
orders to CLC.
10.2 As discussed in this Agreement, both Parties will jointly manage the
capacity of Local Interconnection Trunk Groups. Pacific's Circuit
Provisioning Assignment Center ("XXXX") and CLC's equivalent center
will send a Trunk Group Service Request ("TGSR") to the other Party
to trigger changes to the Local Interconnection Trunk Groups based on
capacity assessment. Either Party upon receipt of the TGSR will issue
an ISR/ASR to the other Party:
10.2.1. Within 10 business days after receipt of the TGSR, upon
review of and in response to the TGSR received; or
10.2.2. At any time as a result of either Party's own capacity
management assessment, in order to begin the provisioning
process. The intervals used for the provisioning process
will be the same as those used for the PACIFIC's Switched
Access service.
10.3. Orders that comprise a major project shall be submitted at the same
time, and their implementation shall be jointly planned and
coordinated. Major projects are those that require the coordination
and execution of multiple orders or related activities between and
among PACIFIC and CLC work groups, including but not limited to the
initial establishment of Local Interconnection or Meet Point trunk
groups and service in an area, NXX code moves, re-homes, facility
grooming, or network rearrangements.
10.4 The Parties will cooperate to establish separate trunk groups for the
completion of calls to high volume customers, such as radio contest
lines.
10.5 CLC will be responsible for engineering its network on its side of
the POI. PACIFIC will be responsible for engineering its network on
its side of the POI.
11. TROUBLE REPORTS
---------------
CLC and PACIFIC will cooperatively plan and implement coordinated repair
procedures for the Meet Point and Local Interconnection Trunks and
facilities to ensure that trouble reports are resolved in a timely and
appropriate manner.
12. NETWORK MANAGEMENT
------------------
12.1. Protective Controls
-------------------
Either Party may use protective network traffic management controls
such as 7-digit and 10-digit code gaps on traffic toward each other's
network, when required to protect the public switched network from
congestion due to facility failures, switch congestion or failure or
focused overload. CLC and PACIFIC will immediately notify each other
of any protective control action planned or executed.
12.2. Expansive Controls
------------------
Where the capability exists, originating or terminating traffic
reroutes may be implemented by either Party to temporarily relieve
network congestion due to facility failures or abnormal calling
patterns. Reroutes will not be used to
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Attachment 18
circumvent normal trunk servicing. Expansive controls will only be
used when mutually agreed to by the Parties.
12.3. Mass Calling
------------
CLC and PACIFIC shall cooperate and share pre-planning information
regarding cross-network call-ins expected to generate large or
focused temporary increases in call volumes.
13. Other forms of Interconnection
------------------------------
Either Party will make available any other form of interconnection
requested by the other Party that is consistent with the Act and the
regulations thereunder. Requests for interconnection not specified in this
Attachment shall be processed according to the process described in
Attachment 6, Section 1.6.
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ATTACHMENT 18
-------------
Appendix A
Interconnection Arrangements Chart
APPENDIX A -- INTERCONNECTION ARRANGEMENTS
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Attachment 18-Appendix B
Bilateral Agreement Template
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Bilateral Agreement Pacific Xxxx Reference(s) CLC Reference(s) Notes/Status
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1 Internetwork provisioning CLC Handbook, Section 16.5 Provisions
information and guidelines. of XXXX.
---------------------------------------------------------------------------------------
CLC Handbook, Appendix F1, CLC ISR
Users' Guide.
---------------------------------------------------------------------------------------
Interconnection Agreement between
________ and Pacific, _______ 1996.
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2 SS7 & other critical CLC Operations Handbook-SS7, Section
internetwork compatibility 16.7.3.2 & .3, Pre-service & Protocol
testing. Testing.
---------------------------------------------------------------------------------------
CCS Network Interface, Section 6.3,
Protocol Compatibility Testing.
---------------------------------------------------------------------------------------
NOF Handbook, Section III, 3G, SS7
Compatibility Testing.
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3 Special protocol CCS Network Interface, Section 2.3,
implementation agreements. Interface Protocol Messages.
---------------------------------------------------------------------------------------
TR-246, T1.114 (SCCP) & T1.116
(SCCP); GR-317 and GR-394.
---------------------------------------------------------------------------------------
CCS Questionnaire, Section IV, D-2
Switch Parameters.
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4 Diversity requirements. CCS Network Interface, Section 4.1,
Diversity Definition.
---------------------------------------------------------------------------------------
NOF Handbook, Section III, 2D, Link
Responsibilities - Diversity.
---------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
5 Installation, maintenance CLC Operations Handbook-XXXX, Section
guidelines and responsibilities. 16.6.2, Responsibilities.
---------------------------------------------------------------------------------------
CLC Operations Handbook-SS7, Section
16.7.2, Responsibilities.
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Page 1
Attachment 18-Appendix B
Bilateral Agreement Template
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Bilateral Agreement Pacific Xxxx Reference(s) CLC Reference(s) Notes/Status
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6 Network security CLC Operations XX-XXXX, Section 16.6.11
requirements. & .12, Call Trace (Emergency & Fraud).
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7 Performance standards and XXXX Interface Specification, Section 4,
service level Performance.
agreements. ---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
8 Specific versions/issues of CCS Network Interface, Section 1.4,
protocol or interface Related Documents.
specification.
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9 Maintenance procedures, CLC Operations Handbook-XXXX, Section
including trouble reporting, 16.6.4, Maintenance
status, etc.
---------------------------------------------------------------------------------------
CLC Operations Handbook-SS7, Section
16.7.4, Maintenance
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10 Internetwork trouble resolution CLC Operations XX-XXXX, Section 16.6.4
and escalation procedures. & .6, Sectionalization; Escalations.
---------------------------------------------------------------------------------------
CLC Operations HB-SS7, Section 16.7.4
& .6, Sectionalization; Escalations.
---------------------------------------------------------------------------------------
Interconnection Agreement between
________ and Pacific, _______ 1996.
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11 In-depth root cause analysis of S.I. 131 - Customer Service Quality Failure
significant failures. Report (Analysis).
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Page 2
Attachment 18-Appendix B
Bilateral Agreement Template
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Bilateral Agreement Pacific Xxxx Reference(s) CLC Reference(s) Notes/Status
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12 Explicit forecasting information CLC HB, Appendix C, Interconnection
re: direct and subtending Forecasts.
traffic.
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13 Explicit expectations regarding CLC Operations Handbook-SS7, Section
interoperability testing. 16.7.3.3 & .4, Protocol/Acceptance Tests.
---------------------------------------------------------------------------------------
CCS Network Interface, Section 6.3,
Protocol Compatibility Testing.
---------------------------------------------------------------------------------------
CLC Operations Handbook-XXXX, Section
16.6.3.3 Acceptance Tests.
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14 Network management. CLC Operations XX-XXXX, Section
16.6.2.5, Network Management
Guidelines.
---------------------------------------------------------------------------------------
NOF Handbook, Section VI, Network
Management Guidelines.
---------------------------------------------------------------------------------------
Interconnection Agreement between
_________ and Pacific, __________ 1996.
-------------------------------------------------------------------------------------------------------------------------------
15 Operating procedures. CLC Operations Handbook - XXXX (all
sections).
---------------------------------------------------------------------------------------
CLC Operations Handbook - SS7, (all
sections).
---------------------------------------------------------------------------------------
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16 Routing and screening XXXX Interface Specification, Section 2.2,
administration. Routing & Screening.
---------------------------------------------------------------------------------------
CCS Network Interface, Section 2.2,
Routing & Screening (MTP/SCCP).
---------------------------------------------------------------------------------------
Interconnection Agreement between
________ and Pacific, _______1996.
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17 Sychronization design and CLC Operations Handbook-SS7, Section
Company-wide coordinator(s). 16.7.3.5, Synchronization.
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Page 3
Attachment 18-Appendix B
Bilateral Agreement Template
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Bilateral Agreement Pacific Xxxx Reference(s) CLC Reference(s) Notes/Status
-------------------------------------------------------------------------------------------------------------------------------
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---------------------------------------------------------------------------------------
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18 Performance requirements. XXXX Interface Specification, Section 4,
Performance
---------------------------------------------------------------------------------------
CCS Network Interface, Section 5,
Performance.
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19 Responsibility assignment CLC Operations Handbook-XXXX
(testing, control, etc.) (throughout).
---------------------------------------------------------------------------------------
CLC Operations Handbook-SS7,
(throughout).
---------------------------------------------------------------------------------------
Interconnection Agreement between
_________ and Pacific, __________ 1996.
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20 Information sharing for CLC Oprs XX-XXXX, Section 16.6.4.3 &
analysis and problem 16.6.5 Sectionalization & Intercarrier
identification. Testing.
---------------------------------------------------------------------------------------
NOF Handbook, Section VII, Information
Sharing.
---------------------------------------------------------------------------------------
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21 Network transition and service CLC Operations Handbook-XXXX, Section
rearrangement management. 16.6.3.7, Rearrangements.
---------------------------------------------------------------------------------------
CLC Operations HB-SS7, Section
16.7.3.9, Signaling Link Rearrangements.
---------------------------------------------------------------------------------------
CCS Questionnaire, Section III, 2 Trunk
Conversion Considerations.
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22 Calling Party Number privacy CLC XX-XXXX, Section 16.5.6,
management. Prerequisites, Limitations & Restrictions.
---------------------------------------------------------------------------------------
Interconnection Agreement between
_________ and Pacific, __________ 1996.
---------------------------------------------------------------------------------------
Page 4
Attachment 18-Appendix B
Bilateral Agreement Template
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Bilateral Agreement Pacific Xxxx Reference(s) CLC Reference(s) Notes/Status
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23 Traffic engineering design Interconnection Agreement between
criteria and capacity _______ and Pacific, _______ 1996.
management.
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24 Tones and announcements for CLC Operations XX-XXXX, Section
unsuccessful call attempts. 16.6.9.4, Tones and Announcements.
------------------------------------------------------------------------------------------
CCS Network Interface, Section 3.4,
Tones and Announcements.
------------------------------------------------------------------------------------------
NOF Handbook, Section III, Xx. 00,
Xxxxx and Announcements.
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25 Mutual aid agreement(s). CLC Handbook, Section 48, Emergency
Preparedness.
------------------------------------------------------------------------------------------
Agreement between BCCs for Nat'l
Security Emergency Preparedness.
------------------------------------------------------------------------------------------
Mutual Aid Agreement Among IEC and
LEC Carriers in California...
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26 Emergency communications Emergency Preparedness & Response
plan. Program, Tab 4, Communications.
------------------------------------------------------------------------------------------
NOF Handbook, Section III, Xx. 00,
Xxxxxxxxx Communications.
------------------------------------------------------------------------------------------
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27 Billing records data exchange.
------------------------------------------------------------------------------------------
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28 Pre-cutover internetwork trunk CCS Network Interface, Section 6.3,
testing. Protocol Compatibility Testing.
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Page 5
Attachment 18-Appendix B
Bilateral Agreement
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Bilateral Agreement Pacific Xxxx Reference(s) CLC Reference(s) Notes/Status
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CLC Operations XX-XXXX,
Section 16.6.3.2 & .3, Pre-
Service/Acceptance Tests.
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CLC Operations HB-SS7,
Section 16.7.3.4 & .5,
Protocol/Acceptance Tests.
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