EXECUTION COPY
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INTERCONNECTION AGREEMENT
UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996
by and between
SOUTHWESTERN XXXX TELEPHONE COMPANY
and
VALU-LINE OF LONGVIEW, INC.
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RESALE AGREEMENT BETWEEN
SOUTHWESTERN XXXX TELEPHONE COMPANY
AND VALU-LINE OF LONGVIEW, INC.
TABLE OF CONTENTS
I. DESCRIPTION AND CHARGES FOR SERVICES ............................. 1
II. TERMS AND CONDITIONS FOR RESALE OF SERVICES ...................... 3
A. Permitted Use of Resold Services by LSP and Its End Users .. 3
B. Use of SWBT Trademarks ..................................... 5
C. Network and Service Order Conditions ....................... 5
III. ADDITIONAL SERVICES .............................................. 6
A. 911/E911 ................................................... 6
B. Dialing Parity ............................................. 6
X. Xxxxx Page Directories: Listings, Distribution and
Information Page .......................................... 7
D. Directory Assistance (DA) .................................. 9
E. Operator Services (OS) ..................................... 9
IV. RESPONSIBILITIES OF SWBT ......................................... 9
V. ADDITIONAL RESPONSIBILITIES OF THE PARTIES ....................... 10
VI. CHANGES IN SUBSCRIBER CARRIER SELECTIONS ......................... 11
VII. ADDITIONAL RESPONSIBILITIES OF LSP ............................... 12
A. Payment of Rates and Charges ............................... 12
B. Interfaces with SWBT ....................................... 13
C. Repair Contact Arrangements ................................ 13
D. LSP Operating Company Number (OCN) ......................... 13
E. Special Service Arrangements ............................... 13
F. Development of Branding and Customized Routing ............. 14
VIII. NONEXCLUSIVITY ................................................... 15
IX. SUPPORT SYSTEMS SERVICES ......................................... 15
A. Support Systems Services ................................... 15
B. Network Management Controls ................................ 17
C. Law Enforcement and Civil Process .......................... 17
X. CALL TRACE ....................................................... 18
XI. TAXES ............................................................ 18
XII. TERMINATION OF SERVICE TO LSP .................................... 19
XIII. FORCE MAJEURE .................................................... 20
XIV. LIMITATION OF LIABILITY .......................................... 21
XV. NONDISCLOSURE .................................................... 22
XVI. PUBLICITY ........................................................ 22
XVII. ASSIGNMENT ....................................................... 23
XVIII. DISPUTE RESOLUTION ............................................... 23
A. Finality of Disputes ....................................... 23
B. Alternative to Litigation .................................. 23
XIX. VERIFICATION REVIEWS ............................................. 25
XX. COMPLIANCE WITH LAWS ............................................. 26
XXI. CERTIFICATION REQUIREMENTS ....................................... 27
XXII. EFFECT OF OTHER AGREEMENTS ....................................... 27
XXIII. NOTIFICATION
XXIV. NOTICES .......................................................... 28
XXV. BENEFICIARIES .................................................... 28
XXVI. TERM ............................................................. 28
XXVII. EFFECTIVE DATE ................................................... 28
XXVIII. WAIVER ........................................................... 28
XXIX. DISCLAIMER OF WARRANTIES ......................................... 29
XXX. RELATIONSHIP OF THE PARTIES ...................................... 29
XXXI. INTERVENING LAW AND PRESERVATION OF RIGHTS ....................... 29
XXXII. COMPLETE TERMS ................................................... 30
1
RESALE AGREEMENT BETWEEN
SOUTHWESTERN XXXX TELEPHONE COMPANY
AND VALU-LINE OF LONGVIEW, INC.
This Agreement is between Southwestern Xxxx Telephone Company
("SWBT"), a Missouri corporation, and Valu-Line of Longview, Inc., a Texas
corporation, ("LSP") (collectively, "the Parties") entered into this 15th day of
April, 1997.
WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"),
the Parties wish to establish terms for the purchase by LSP of certain SWBT
retail telecommunications services and certain other services for resale by LSP
to its local exchange end users in the State of Texas. Therefore, the Parties
hereby agree as follows:
I. DESCRIPTION AND CHARGES FOR SERVICES
A. Attached hereto as Exhibit A is a list of Telecommunications
Services currently available for resale at the wholesale
discount rate set by the Commission through arbitration, i.e.,
21.6% off the retail rate for each service. Except as
otherwise expressed herein and consistent with SWBT's
obligation under ss. 251(c)(4)(A) of the Act, LSP may resell
other Telecommunications Services offered by SWBT and not
listed in Exhibit A. Exhibit B contains a list of other
services available for resale at the discount included in the
exhibit.
B. SWBT shall make available for resale by LSP SWBT's Xxxx Plus
or Consolidated Billing service at a discount of five percent
(5%) off SWBT's tariffed rate for each service (or in the
event these services are not tariffed, at the rate SWBT
charges its subscribers).
C. SWBT shall make available for resale by LSP the following SWBT
services at SWBT's tariffed rate for each service (or in the
event a service is not tariffed, at the rate SWBT charges its
subscribers, except as otherwise provided herein):
- Construction Charges
- Connections with Terminal Equipment and Communication System
- Distance Learning
- Maintenance of Service Charges
- Suspension Services
- Telecommunications Service Priority Systems
- Access Services
- Cellular Mobile Telephone Interconnection Services
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- Exchange Connection Services
- Shared Tenant Service
- 976 Information Delivery Service
D. The Distance Learning discount is in addition to the discounts
for the underlying services provided. Suspension of Service
discounts apply to the discounted rate for the underlying
service. When LSP resells Shared Tenant Service, LSP will
receive the discount associated with the underlying service
used in the shared tenant arrangement.
E. SWBT shall be under no obligation to offer the following for
resale:
- BDS/LAN
- Customer Provided Equipment
- Customized Billing Reports
- InLine(R) Products
- Inside Wiring
- Semi-Public Telephone Booths and Enclosures
- 911 Universal Emergency Number Equipment
F. Grandfathered services are also available for resale at the
applicable wholesale discount to the same customers to which
SWBT offers the service.
G. Telecommunications Services will be resold to LSP on terms and
conditions that are reasonable and nondiscriminatory.
H. LSP may offer to resell Customer Initiated Suspension and
Restoral Service to their end users. SWBT will offer to LSP
Company Initiated Suspension service for their own purposes at
the SWBT retail tariffed rate. Should LSP choose to suspend
their end user through Company Initiated Suspension Service,
this suspension period shall not exceed fifteen (15) calendar
days. If LSP issues a disconnect on their end user account
within the fifteen (15) day period, appropriate services will
not be billed for the suspension period. However, should LSP
issue a disconnect after the fifteen (15) day suspension
period, LSP will be responsible for all appropriate charges on
the account back to the suspension date. Should LSP restore
their end user, restoral charges at the SWBT retail tariffed
rate will apply and LSP will be billed for the appropriate
service from the time of suspension.
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II. TERMS AND CONDITIONS FOR RESALE OF SERVICES
The following terms and conditions are applicable to all services
purchased under this Agreement.
A. Permitted Use of Resold Services by LSP and Its End Users
1. For services included in this Agreement which are
offered through tariffs by SWBT to its end users, the
rules and regulations associated with the applicable
State General Exchange Tariff, Local Exchange Service
Tariff, and the other tariffs for the resold service
(such tariffs collectively referred to herein as
"corresponding tariffs"), apply except for applicable
resale restrictions and except as otherwise provided
herein.
2. LSP shall only sell Plexar (R) services to a single end
user or multiple end users on continuous properties.
3. Except where otherwise explicitly provided in the
corresponding tariffs, or except where SWBT permits such
sharing by its own end users, LSP shall not permit the
sharing of a service by multiple end users or the
aggregation of traffic from multiple end users onto a
single service; however, based upon the Commission's
Arbitration Order, SWBT will not retain its limitation
on aggregation for purposes of the resale of volume
discount offers.
4. LSP shall only resell services purchased under this
Agreement to the same class of end users to whom SWBT
sells such services (e.g. residence service shall not be
resold to business end users). LSP may only resell
Lifeline Assistance, Link-Up, and other like services to
similarly situated customers who are eligible for such
services. Further, to the extent LSP resells services
that require certification on the part of the buyer, LSP
will ensure that the buyer has received proper
certification and complies with all rules and
regulations as established by the Commission.
5. For purposes of this section, "short term promotions" of
Telecommunications Services are limited in length to no
more than ninety (90) days for the length of the period
during which the promotion may be offered to the public,
and to no more than ninety (90) days for the period
during which any and all benefits from the promotion
must be realized or captured by the subscriber, and that
the subscriber must begin receiving the benefit during
the offering period.
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a. Based upon the Arbitration Order of the
Commission, LSP may obtain the short term
promotional service from SWBT for resale but LSP
is not entitled to receive a discount from SWBT
off of the promotional rate.
b. Retail rates that do not qualify as a short term
promotion, i.e., those in excess of 90 days, are
the rates to which the respective wholesale
discounts in Section 1 apply while they are in
effect.
c. Nothing in this Agreement shall require SWBT to
provide to LSP promotional service elements that
are not Telecommunications Services such as CPE
and Inside Wire Maintenance Plans.
6. LSP shall not use a resold service to avoid the rates,
terms and conditions of SWBT's corresponding tariffs.
7. LSP shall not use resold local exchange telephone
service to provide access or interconnection services to
itself, interexchange carriers (IXCs), wireless
carriers, competitive access providers (CAPs), or other
telecommunications providers. Provided however, that LSP
may permit its end users to use resold local exchange
telephone service to access IXCs, wireless carriers,
CAPs, or other retail telecommunications providers.
8. If LSP is found to be in violation of a provision of
this Agreement, SWBT shall notify LSP of the violation
in writing of the specific provision being violated. At
such time, LSP shall have thirty (30) days to correct
the violation and notify SWBT in writing that the
violation has been corrected. SWBT shall then xxxx LSP
for the charges which should have been collected by SWBT
or the actual revenues collected by LSP from its end
users for the stated violation, whichever is greater. If
LSP disputes the violation, it shall notify SWBT in
writing within fourteen (14) days of receipt of notice
from SWBT. Disputes shall be resolved as outlined in the
Dispute Resolution section of the Agreement.
9 An End User Common Line (EUCL) charge will continue to
apply for each local exchange line resold under this
agreement. All federal rules and regulations associated
with EUCL charges, as found in Xxxxxx XXX 00, also
apply. To the extent ordered by the Texas Public Utility
Commission, the wholesale discount will apply to the
EUCL.
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10. To the extent allowable by law, LSP shall be responsible
for Primary Interexchange Carrier (PIC) change charges
associated with such local exchange line. LSP shall pay
for PIC changes at the tariffed rate.
11. SWBT is not required to make services available for
resale at wholesale rates to LSP for its own use. SWBT,
however, shall at its option agree to allow LSP to
purchase SWBT's Telecommunications Services and other
services available for resale as outlined in the
exhibits to this Agreement, as long as said services are
not resold exclusively or predominately to LSP, its
subsidiaries, or affiliates.
B. Use of SWBT Trademarks
Except where otherwise required by law, LSP shall not, without
SWBT's written authorization, offer the services covered by
this Agreement using the trademarks, service marks, trade
names, brand names, logos, insignia, symbols or decorative
designs of SWBT or its affiliates. Nor shall LSP state or
imply that there is any joint business association or similar
arrangement with SWBT in the provision of telecommunications
services to LSP's own end users. LSP may brand services
included in this Agreement with its own brand name, but SWBT
shall not be responsible for providing such branding.
C. Network and Service Order Conditions
1. SWBT shall provide the services covered by this
Agreement subject to availability of existing facilities
and on a nondiscriminatory basis with its other
customers. LSP shall resell the services provided herein
only in those service areas in which such resale
services or any feature or capability thereof are
offered at retail by SWBT as the incumbent local
exchange carrier to its end users.
2. When LSP converts an end user currently receiving
noncomplex service from the SWBT network, without any
changes to SWBT's network, and such order requires
manual processing by SWBT personnel, LSP will be charged
an interim per order (i.e., per billable telephone
number) conversion charge of $16.65 in Texas. Conversion
orders processed and completed electronically will be
charged $5 per order on an interim basis. Complex orders
will be charged at an interim rate of $52.55 per order.
Custom Services conversions (e.g. Plexar Custom) will be
handled on a Customer Specific Proposal basis.
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When LSP converts an end user's service and adds or
changes are made to the network, the respective
conversion charge will apply, as well as any normal
service order charges associated with said changes. All
non-recurring service connection charges, excluding the
conversion charge mentioned above, will be charged at a
discount for those services listed in Exhibits A and B.
3. For the purposes of ordering new service under this
Agreement, each request for new service shall be handled
as a separate and initial request for service per
billable telephone number. The additional line rate for
Service Order Charges shall apply only to those requests
for additional residential service at the end user's
same location where a residential line is currently
provided on SWBT's network, regardless of the
non-facilities based local service provider of record.
4. For purposes of this section, service orders for LSPs
shall be handled in the same fashion as SWBT requires
for its end users.
III. ADDITIONAL SERVICES
A. 911/E911
1. Access to the 911 or E911 service, available to SWBT end
users in the area(s) served by LSP, shall be made
available to LSP's end users.
2. LSP shall be responsible for collecting and remitting
all applicable 911 surcharges on a per line basis to the
Public Safety Answering Point (PSAP).
3. When requested by SWBT, LSP shall provide timely,
accurate and complete information on each of LSP's end
users as needed for the provisioning of 911 service to
LSPs end users. Such information shall be in a format
and a time frame pre-subscribed by SWBT for purposes of
911 administration.
B. Dialing Parity
1. Local Dialing Parity
SWBT agrees that local dialing parity shall be available
to LSP. That is, end users of SWBT and end users of LSP
shall have the same exchange boundaries, such end users
shall be able to dial the same number of digits when
making a "local" call.
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2. IntraLATA Toll Dialing Parity.
SWBT agrees to make IntraLATA toll dialing parity
available in accordance with Section 251(b)(3) of the
Telecommunications Act of 1996.
X. Xxxxx Page Directories: Listings, Distribution and Information
Page
1. LSP's subscribers to basic residential and business
service will receive a basic listing in SWBT's White
Pages directories in the same form and under the same
conditions as SWBT provides to its subscribers.
a. Subscriber listing information on resold lines
shall remain the property of SWBT. Upon receipt of
a request from a third party directory publisher,
including Southwestern Xxxx Yellow Pages, for
subscriber listing information, SWBT will provide
to that third party directory publisher LSP
subscriber's listing information on an interfiled
basis and indistinguishable from SWBT's subscriber
listing information.
b. Each LSP subscriber will receive one copy of
SWBT's White Pages directory, and a Yellow Pages
directory when cobound with the White Pages, in
the same manner and at the same time that they are
provided to SWBT's subscribers. It is the Parties'
expectation that separately bound Southwestern
Xxxx Yellow Pages directories will be delivered in
the same manner and at the same time to LSP's
subscribers as to SWBT's subscribers.
c. If an LSP end user already has a current SWBT
directory, SWBT shall not be required to deliver a
directory to that end user until new directories
are published for that end user's location.
d. The listings and directories described above are
included in the wholesale price LSP owes SWBT for
resold lines and will be provided by SWBT at no
additional charges.
e. Additional Listing Services (e.g., foreign
listings and signature listing) can be purchased
by LSP for its end users on a per listing basis.
LSP shall pay SWBT for all such
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listings provided to LSP's end users. The
discounts applicable to listing services are
contained in Exhibit B.
f. LSP hereby releases SWBT from any and all
liability for damages due to errors or omissions
in LSP's subscriber listing information as it
appears in the White Pages directory, including,
but not limited to, special, indirect,
consequential, punitive or incidental damages. To
the extent LSP reimburses its end user subscriber
any listing charge due to errors or omissions
caused directly by SWBT, SWBT shall reimburse LSP
any associated wholesale rate.
g. LSP shall indemnify, protect, save harmless and
defend SWBT (or SWBT's officers, employees,
agents, assigns, and representatives) from and
against any and all losses, liability, damages and
expense arising out of any demand, claim, suit, or
judgment by a third party in any way related to
any error or omission in LSP's subscriber listing
information as it appears in the White Pages
directory, including any error or omission related
to nonpublished or nonlisted subscriber listing
information; provided, however, LSP shall not be
required to indemnify SWBT for gross negligence or
willful misconduct. LSP shall so indemnify
regardless of whether the demand, claim, or suit
by the third party is brought jointly against LSP
and SWBT, and/or against SWBT alone.
2. Information Page
a. At LSP's request, SWBT shall include in the
"Informational Page" section of SWBT's White Pages
directory, for those geographical areas in which
LSP provides local exchange services, LSP's
customer contact information regarding emergency
services, billing and service information, repair
services and other pertinent information similar
to that provided by SWBT in its "Informational
Pages." Such information shall be included on the
same page with other LSP information.
b. At LSP's option, LSP shall be provided a single
"Informational Page" (one side of one page) in the
informational section of the White Pages directory
covering a geographic area where an LSP provides
local exchange service. This page shall be no
different in style, size, color and format than
SWBT "Informational Pages." Sixty (60)
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days prior to the directory close date, LSP shall
provide to SWBT the "Informational Page" in the
form of camera-ready copy. The charges associated
with this service vary from geographic market to
market, and are charged outside this Agreement.
D. Directory Assistance (DA)
SWBT shall provide access to DA to LSP's end users. LSP shall
pay the charges associated with the use of such services by
LSP's end users. The discounts applicable to such services are
contained in Exhibits A and B, which is attached hereto and
made a part hereof.
E. Operator Services (OS)
1. SWBT shall provide access to Operator Services to LSP's
end users. LSP shall pay the charges associated with the
use of such services by LSP's end users. The discounts
applicable to such services are contained in Exhibits A
and B, which are attached hereto and incorporated by
reference.
2. SWBT shall provide Line Status Verification and Busy
Line Interrupt on calls made on SWBT's network to LSP
end users. LSP shall pay SWBT associated charges when
its end users request such services, with discounts to
apply as listed in Exhibits A and B.
IV. RESPONSIBILITIES OF SWBT
A. SWBT shall allow LSP to place service orders and receive phone
number assignments (for, new lines). These service order
activities shall be accomplished by facsimile or electronic
interface when established. SWBT, with input from LSP, shall
provide interface specifications for electronic access for
these functions to LSP once such electronic interfaces become
technically feasible and are in place. However, LSP shall be
responsible for modifying and connecting any of its systems
with SWBT provided interfaces when such interfaces become
available, as outlined in Appendix OSS.
B. SWBT shall implement LSP service orders within the same time
intervals SWBT uses to implement service orders for similar
services for its own end users.
C. LSP will have the ability to report trouble for its end users
to appropriate SWBT trouble reporting centers 24 hours a day,
7 days a week. LSP will be assigned a customer contact center
when initial service agreements are
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made. To the extent the current provider can be determined,
LSP end users calling SWBT will be referred to LSP at the
number provided by LSP.
Methods and procedures for ordering and trouble reporting are
outlined in the Handbook for Non-Switched Based Providers
dated 11/15/95, as amended by SWBT from time to time. Both
parties agree to abide by the procedures contained therein.
D. On no less than sixty (60) days advance written notice, LSP
may request SWBT to make certain usage information available
to LSP on a daily basis in a standard electronic format. The
information will consist of usage sensitive charges SWBT will
xxxx to LSP arising out of the use of resold lines. LSP agrees
to pay SWBT three tenths of a cent ($.003) per message for
this service, plus other charges outlined in Appendix OSS.
V. ADDITIONAL RESPONSIBILITIES OF THE PARTIES
Cooperation on Fraud
SWBT shall not be liable to LSP for any fraudulent usage on LSP's
end users accounts.
The Parties agree to cooperate with one another to investigate,
minimize and take corrective action in cases of fraud. The Parties'
fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared
to the other.
At a minimum, such cooperation shall include providing to the other
Party, upon request, information concerning end users who terminate
services to that Party without paying all outstanding charges, when
such end user seeks service from the other Party. The Party seeking
such information is responsible for securing the end user's
permission to obtain such information.
VI. CHANGES IN SUBSCRIBER CARRIER SELECTIONS
A. Prior to submitting an order under this Agreement, LSP shall
obtain end user authorization as required by applicable state
or federal laws and regulations, and assumes responsibility
for applicable charges as specified in Section 258 (b) of the
Telecommunications Act of 1996. SWBT shall abide by the same
applicable laws and regulations.
B. Only an end user can initiate a challenge to a change in its
local exchange service provider. If an end user notifies SWBT
or LSP that the end user requests local exchange service, the
Party receiving such request shall be
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free to immediately provide service to such end user. SWBT
shall be free to connect the end user to any local service
provider based upon the local service provider's request and
local service provider's assurance that proper end user
authorization has been obtained. Both parties shall make
authorization available to the other party upon request and at
no charge.
C. When an end user changes or withdraws authorization, each
Party shall release customer-specific facilities in accordance
with the end user customer's direction or the direction of the
end user's authorized agent. Further, when an end user
abandons the premise, SWBT is free to reclaim the facilities
for use by another customer and is free to issue service
orders required to reclaim such facilities.
D. Neither Party shall be obligated by this Agreement to
investigate any allegations of unauthorized changes in local
exchange service (slamming) on behalf of the other Party or a
third party. If SWBT, on behalf of LSP, agrees to investigate
an alleged incidence of slamming, SWBT shall charge LSP a
fifty dollar ($50) investigation fee.
E. When SWBT receives an order from LSP for services under this
Agreement and SWBT is currently providing the same services to
another local service provider for the same end user, SWBT
shall notify the end user's local service provider of record
of such order coincident with processing the order should LSP
subscribe to the Local Disconnect Report (LDR) as outlined
below. It shall then be the responsibility of the local
service provider of record and LSP to resolve any issues
related to the end user. This paragraph shall not apply to new
additional lines and services purchased by an end user from
multiple LSPs or from SWBT.
F. On no less than sixty (60) days notice, LSP may request the
Local Disconnect Report. SWBT agrees to furnish to LSP the
Billing Telephone Number (BTN), Working Telephone Number
(WTN), and terminal number of all end users who have
disconnected LSP's service. LSP understands and agrees that
the CARE interface will be used to provide such information
and such information will only be available via the CARE
electronic data transmission. Information will be provided on
a per-WTN basis to be priced on a per-WTN basis. SWBT will
provide LSP no less than thirty (30) days notice prior to any
change of the per-WTN charge. SWBT grants to LSP a
non-exclusive right to use the information provided by SWBT.
LSP will not permit anyone but its duly authorized employees
or agents to inspect or use this information. LSP agrees to
pay SWBT ten cents ($0.10) per WTN and any applicable charges
for the LDR as outlined in Appendix OSS.
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G. The LSP agrees to hold harmless and indemnify SWBT against any
and all liability and claims, including reasonable attorney's
fees, that may result from SWBT acting under this Article.
H. Nothing herein shall be interpreted to apply to conversion of
LSP end users pursuant to Article XII. (Termination of Service
to LSP).
VII. ADDITIONAL RESPONSIBILITIES OF LSP
A. Payment of Rates and Charges
1. LSP is solely responsible for the payment of charges for
all services furnished under this Agreement including,
but not limited to, calls originated or accepted at
LSP's location and its end users' service locations,
with the exception of any retail services provided
directly by SWBT to the end user which SWBT shall be
responsible for billing.
Interexchange carried traffic (e.g., sent-paid,
information services and alternate operator services
messages) received by SWBT for billing to resold
end-user accounts will be returned as unbillable and
will not be passed on to LSP for billing. An unbillable
code returned with those messages to the carrier will
indicate that the messages originated from a resold
account and will not be billed by SWBT.
In accordance with industry standards, IXC PIC
selections for lines resold to LSP will not be processed
from IXCs or end users, but will only be processed if
received from LSP.
2. SWBT shall not be responsible for the manner in which
the use of resold service, or the associated charges are
allocated to others by LSP. All applicable rates and
charges for such services will be billed to and shall be
the responsibility of LSP, with the exception of other
retail services provided directly to the end user by
SWBT as described in paragraph 1 above.
3. Compensation for all services shall be paid by LSP
regardless of LSP's ability or inability to collect
charges from its end user for such service.
4. If LSP does not wish to be responsible for collect,
third number billed, toll and information services
(e.g., 900) calls, it must order the appropriate
blocking for resold lines under this Appendix and
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pay any applicable charges. LSP acknowledges that
blocking is not available for certain types of calls,
including 800 numbers.
B. Interfaces with SWBT
LSP shall be responsible for modifying and connecting any of
its systems with SWBT-provided interfaces as described in this
Agreement.
C. Repair Contact Arrangements
LSP shall be responsible for providing to its end users and to
SWBT a telephone number or numbers that LSP's end users can
use to contact LSP in the event of service or repair requests.
In the event that LSP's end users contact SWBT with regard to
such requests, SWBT shall inform the end user that they should
call LSP and may provide LSP contact number.
D. LSP Operating Company Number (OCN)
For the purposes of establishing service and providing
efficient and consolidated billing to the LSP, the LSP is
required to provide SWBT its authorized and nationally
recognized OCN.
E. Special Service Arrangements
For special service arrangements for LSP not covered under
this Agreement, special charges shall apply as provided in the
applicable corresponding tariffs.
F. Development of Branding and Customized Routing for Directory
Assistance and Operator Services
1. Requirements - Pursuant to ss. 226 (b) of The
Telecommunications Act of 1996, each provider of
Operator Services is required to:
a) provide its brand at the beginning of each
telephone call and before the consumer incurs any
charge for the call; and
b) disclose immediately to the consumer, upon request
a quote of its rates or charges for the call.
c) Where SWBT provides LSPs OS and DA services via
the same trunk, both the OS and DA calls will be
branded with the same brand. Since SWBT's DA and
OS utilize the same trunk group, LSP will receive
the same brand for both DA/OS. Such branding will
be provided pursuant Section 2. below.
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2. Call Branding - In compliance with F. 1. above, SWBT
will brand DA/OS in LSP's name based upon the criteria
outlined below:
a) LSP will provide SWBT with written specification
of its company name to be used in creating LSP
specific branding messages for its DA/OS calls.
b) An initial non-recurring charge applies per load
for the establishment of Call Branding as well as
a charge per subsequent load to change the brand.
In addition, a per call charge applies for every
DA/OS call handled by SWBT on behalf of LSP when
such services are provided in conjunction with
resale services. Prices for Call Branding are as
outlined in Exhibit C, attached hereto and
incorporated herein.
3. Rate/Reference Information - SWBT will provide LSP DA/OS
Rate/Reference Information based upon the criteria
outlined below:
a) LSP will furnish DA/OS Rate and Reference
Information in a mutually agreed to format or
media thirty (30) days in advance of the date when
the DA/OS Services are to be undertaken.
b) LSP will inform SWBT, in writing, of any changes
to be made to such Rate/Reference Information ten
(10) working days prior to the effective
Rate/Reference change date. LSP acknowledges that
it is responsible to provide SWBT updated
Rate/Reference Information in advance of when the
Rates/Reference Information are to become
effective.
c) In all cases when a SWBT Operator receives a rate
request from a LSP end user, SWBT will quote the
applicable DA/OS rates as provided by LSP.
d) An initial non-recurring charge will apply for
loading of LSP's DA/OS Rate/Reference Information
as well as a charge for each subsequent change to
either the LSP's DA/OS Services Rate or Reference
Information as outlined in Exhibit C, attached
hereto and incorporated herein.
4. Customized Routing - SWBT shall also offer LSP the
opportunity to customize route DA/OS where technically
feasible. LSP agrees to pay SWBT appropriate charges
associated with customized routing on an ICB basis.
15
VIII. NONEXCLUSIVITY
This Agreement is nonexclusive. LSP acknowledges that SWBT will be
providing the same or similar services to other local services
providers in accordance with negotiated agreements which will be
filed with the appropriate state commission(s). LSP also
acknowledges that SWBT may, upon end user request, provide any and
all of the services provided to LSP under this Agreement directly to
the end users. SWBT acknowledges that LSP may obtain the same or
similar services from other local exchange companies.
IX. SUPPORT SYSTEMS SERVICES
A. Support Systems Services
1. Transfer of Service Announcements (Intercept)
The Party formerly providing service to an end user
shall provide a Basic Referral announcement,
reciprocally and free of charge on the abandoned
telephone number. The announcement states that the
called number has been disconnected or changed and
provides the end user's new telephone number to the
extent that it is listed. SWBT shall provide an
intercept referral on behalf of LSP to their end user as
indicated on the appropriate service order.
Basic Intercept Referral Announcements are to be
provided on residential numbers for a minimum of thirty
(30) days where facilities exist and the threat of
telephone number exhaustion is not imminent.
Basic Intercept Referral Announcements for a single line
business end user and the primary listed telephone
number for Direct Inward Dial (DID) and "Centrex-type"
end users, shall be available for a minimum of thirty
(30) days or for the life of the white pages directory,
whichever is greater. If the threat of telephone number
exhaustion becomes imminent for a particular central
office, the service provider may reissue a disconnected
number prior to the expiration of the directory, but no
earlier than thirty (30) days after the disconnection of
the business telephone number.
2. Coordinated Repair Calls
SWBT shall be responsible for repairing its own network.
However, LSP shall maintain telephone numbers where its
end user may call to report instances of trouble.
16
The Parties shall employ the following procedures for
handling misdirected repair calls:
a. The Parties shall inform their respective end
users of the correct telephone numbers to call to
access their respective repair bureaus.
b. To the extent the correct provider can be
determined, each Party shall refer misdirected
repair calls to the proper provider of local
exchange service, at no charge, and shall provide
the end user the contact telephone number provided
by the other party.
In responding to repair calls, neither Party shall
make disparaging remarks about each other, nor
shall they use these repair calls as the basis for
internal referrals or to solicit customers or to
market services. Either Party may respond with
accurate information in answering customer
questions.
c. The Parties shall provide each other their
respective repair contact numbers.
d. Notwithstanding anything contained herein to the
contrary, SWBT and LSP agree that SWBT shall have
no obligation to unbrand or rebrand the uniforms
or training of its customer-contact employees,
trucks, vehicles, any customer premises equipment
or other customer-owned facilities or SWBT's
outside plant or network components.
e. Where LSP requires SWBT personnel to interface
directly with LSP end user customers in any form
of communication (including, but not limited to,
written, face-to-face, by telephone or electronic
transmission of any kind), such SWBT personnel
shall be identified as SWBT employees representing
the customer's provider.
B. Network Management Controls
Each Party shall provide a 24-hour contact number for Network
Traffic Management issues to the other. A FAX number must also
be provided to facilitate event notifications for planned mass
calling events. Additionally, both Parties agree that they
shall work cooperatively that all such events
17
shall attempt to be conducted in such a manner as to avoid
deregulation or loss of service to other end users.
C. Law Enforcement and Civil Process
SWBT and LSP shall handle law enforcement requests as follows:
1. Intercept Devices
Local and federal law enforcement agencies periodically
request information or assistance from local telephone
service providers. When either Party receives a request
associated with an end user of the other Party, it shall
refer such request to the appropriate Party, unless the
request directs the receiving Party to attach a pen
register, trap and trace or form of intercept on that
Party's own facilities, in which case that Party shall
comply with any valid request.
2. Subpoenas
If a Party receives a subpoena for information
concerning an end user the Party knows to be an end user
of the other Party, it shall refer the subpoena to the
requesting entity with an indication that the other
Party is the responsible company. Provided, however, if
the subpoena requests records for a period of time
during which the receiving Party was the end user's
service provider, the receiving Party will respond to
any valid request.
3. Emergencies
If a Party receives a request from a law enforcement
agency to implement a temporary number change, temporary
disconnect or one way denial of outbound calls for an
end user of the other party, the receiving Party will
comply so long as it is a valid emergency request. In
the case of the LSP, the LSP shall refer such request to
SWBT and SWBT shall honor such request in accordance
with this paragraph. Neither Party shall be held liable
for any claims or damages arising from compliance with
such requests, and the Party serving the end user agrees
to indemnify and hold the other Party harmless against
any and all such claims.
X. CALL TRACE
An LSP end user's activation of Call Trace for a line purchased
under this Appendix, shall be handled by the SWBT Call Trace Center
(CTC). SWBT shall
18
notify LSP of requests by LSP's end users to provide the call
records to the proper authorities. Subsequent communication and
resolution of the case with LSP's end user (whether that end user is
the victim or the suspect) will be coordinated through LSP.
LSP understands that for services where reports are provided to law
enforcement agencies (e.g., Call Trace) SWBT shall only provide
billing number and address information. LSP shall provide additional
information necessary for any police investigation. LSP shall
indemnify SWBT against any claims that insufficient information led
to inadequate prosecution, except to the extent caused by SWBT's
gross negligence or willful misconduct.
XI. TAXES
LSP shall be responsible for all federal, state or local, sales,
use, excise or gross receipts taxes or fees imposed on or with
respect to the services provided under this Agreement including
those taxes and fees, imposed on SWBT. LSP shall reimburse SWBT for
the amount of any such taxes or fees which SWBT is required to pay
or collect for services provided to LSP hereunder.
XII. TERMINATION OF SERVICE TO LSP
A. If LSP fails to pay when due (within 30 days of the xxxx
date), any and all charges billed to them under this
Agreement, including any late payment charges (Unpaid
Charges), and any portion of such charges remain unpaid more
than fifteen (15) days after the due date of such Unpaid
Charges, SWBT shall notify LSP in writing that in order to
avoid having service disconnected, LSP must remit all Unpaid
Charges to SWBT within fourteen (14) business days.
B If LSP disputes the billed charges, it shall, within the
fourteen (14) day period provided for above, inform SWBT in
writing which portion of the charges it disputes, including
the specific details and reasons for its dispute; immediately
pay to SWBT all undisputed charges; and pay all disputed
charges into an interest bearing escrow account.
C Disputes hereunder shall be resolved in accordance with the
procedures identified in Article XVIII (Dispute Resolution).
Failure of LSP to pay charges deemed owed to SWBT after
conclusion of the Arbitration shall be grounds for termination
under this Article.
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D. If any LSP charges remain unpaid or undisputed twenty-nine
(29) days past the due date, SWBT shall notify LSP, the
Commission and the end user's IXC(s) of Record in writing,
that unless all charges are paid within sixteen (16) days,
LSP's service shall be disconnected and its end users shall be
switched to SWBT local service. SWBT will also suspend order
acceptance at this time.
E. If any LSP charges remain unpaid or undisputed forty (40) days
past the due date, LSP shall, at its sole expense, notify its
end users, the Commission and the end user's of Record that
their service may be disconnected for LSP failure to pay
Unpaid Charges, and that its end users must select a new local
service provider within five (5) days. The notice shall also
advise the end user that SWBT will assume the end user's
account at the end of the five (5) day period should the end
user fail to select a new local service provider.
F. If any LSP charges remain unpaid or undisputed forty-five (45)
days past the due date, SWBT shall disconnect LSP and transfer
all LSP's end users who have not selected another local
service provider directly to SWBT's service. These end users
shall receive the same services provided through LSP at the
time of transfer. SWBT shall inform the Commission and the end
user's IXC(s) of Record of the names of all end users
transferred through this process. Applicable service
establishment charges for switching end users from LSP to SWBT
shall be assessed to LSP.
G. Within five (5) days of the transfer (50 days past LSP's due
date), SWBT shall notify all affected end users that because
of an LSP's failure to pay, their service is now being
provided by SWBT. SWBT shall also notify the end user that
they have thirty (30) days to select a local service provider,
after which time should the end user not select an LSP, the
end user's service shall be terminated.
H. SWBT may discontinue service to LSP upon failure to pay
undisputed charges as provided in this section, and shall have
no liability to LSP or LSP end users in the event of such
disconnection.
I. If any end user fails to select a local service provider
within thirty (30) days of the change of providers (80 days
past LSP's due date), SWBT shall terminate the end user's
service. SWBT shall notify the Commission and the end user's
IXC of Record of the names of all end users whose service has
been terminated. The end user shall be responsible for any and
all charges incurred during the selection period.
J. Nothing herein shall be interpreted to obligate SWBT to
continue to provide service to any such end users. Nothing
herein shall be interpreted
20
to limit any and all disconnection rights SWBT may have with
regard to such end users.
K. After disconnect procedures have begun, SWBT shall not accept
service orders from LSP until all unpaid charges are paid.
SWBT shall have the right to require a deposit equal to one
month's charges (based on the highest previous month of
service from SWBT) prior to resuming service to LSP after
disconnect for nonpayment.
XIII. FORCE MAJEURE
Neither party shall be responsible for delays or failures in
performance resulting from acts or occurrences beyond the reasonable
control of such Party, regardless of whether such delays or failures
in performance were foreseen or foreseeable as of the date of this
Agreement, including, without limitation: fire, explosion, power
failure, cable cuts, acts of God, war, revolution, civil commotion,
or acts of public enemies; any law, order, regulation, ordinance or
requirement of any government or legal body; or labor unrest,
including, without limitation, strikes, slowdowns, picketing or
boycotts; or delays caused by the other party or by other service or
equipment vendors; or any other circumstances beyond the Party's
reasonable control. In such event, the Party affected shall, upon
giving prompt notice to the other Party, be excused from such
performance on a day-to-day basis to the extent of such interference
(and the other Party shall likewise be excused from performance of
its obligations on a day-for-day basis to the extent such Party's
obligations relate to the performance so interfered with). The
affected party shall use its best efforts to avoid or remove the
cause of nonperformance and both parties shall proceed to perform
with dispatch once the causes are removed or cease.
XIV. LIMITATION OF LIABILITY
SWBT's liability, if any, for its gross negligence or willful
misconduct is not limited by its corresponding tariffs. With respect
to any other claim or suit, by a LSP or any others, for damages
arising out of mistakes, omissions, interruptions, delays or
efforts, or defects in transmission occurring in the course of
furnishing service hereunder, SWBT's liability, if any, shall not
exceed an amount equivalent to the proportionate charge to the LSP
for the period of service during which such mistake, omission,
interruption, delay, error, or defect in transmission or service
occurs and continues. In no event shall SWBT be responsible for any
special, indirect, consequential or exemplary damages. This
liability shall be in addition to any amounts that may otherwise be
due to the LSP under corresponding tariffs as an allowance for
interruptions. However, any such mistakes, omissions, interruptions,
delays, errors, or defects in transmission or service which are
caused or contributed to by the negligence or willful act of the LSP
or which arise from
21
the use of LSP-provided facilities or equipment shall not result in
the imposition of any liability whatsoever upon SWBT.
SWBT shall be indemnified and held harmless by the LSP against
claims and damages arising from provision of the LSP's services or
equipment except those directly associated with the provision of
local service to the LSP which is governed by corresponding tariffs.
SWBT shall be indemnified and held harmless from all claims and
damages arising from the discontinuance of service for nonpayment to
SWBT by the LSP. Notice of discontinuance shall be as specified in
the Substantive Rules of the State Commission.
SWBT shall have no liability to the end users of the LSP for claims
arising from the provision of the LSP's service to its end users
including, but not limited to, claims for interruption of service,
quality of service or billing disputes.
When the lines or services of other companies and carriers are used
in establishing connections to and/or from points not reached by
SWBT's lines, SWBT is not liable for any act or omission of the
other companies or carriers.
XV. NONDISCLOSURE
The Parties to this Agreement anticipate and recognize that they
will exchange or come into possession of, data about each other's
end users and each other's business as a result of this Agreement
which will be designated as confidential by that Party. Each Party
agrees (1) to treat all such data as strictly confidential and (2)
to use such data only for purposes of performance under this
Agreement. Each Party agrees not to disclose data on the other
Party's end users or business which has been designated as
confidential to any person without first securing the written
consent of the other Party. The foregoing shall not apply to
information which is in the public domain.
If a court or governmental agency orders, or a third party requests,
a Party to disclose or to provide any data or information covered by
this Section, that Party will immediately inform the other Party of
the order or request both by telephone and overnighted mail before
disclosing the data or information. Notification and consent
requirements described above are not applicable in cases where a
court order requires the production of toll billing records of an
individual residence or business end user customer.
This section will not preclude the disclosure by the Parties of
information or material described in this Section to consultants,
agents, or attorneys representing the respective Parties or the
Office of the Public Counsel for the state of Texas, and state
Public Utility Commission or staffs, or FCC Staff, provided that
these
22
third parties are bound by the same or comparable confidentiality
requirements as the Parties to this Agreement. The provisions of
this Section will remain in effect notwithstanding the termination
of this Agreement, unless agreed to in writing by both Parties.
Pursuant to Section 222 of the Act, both Parties agree to limit
their use of proprietary information received from the other to the
permitted purposes identified in the Act.
XVI. PUBLICITY
The Parties agree not to use in any advertising or sales promotion,
press releases or other publicity matters any endorsements, direct
or indirect quotes, or pictures implying endorsement by the other
Party or any of its employees without such Party's prior written
approval. The Parties will submit to each other for written
approval, prior to publication, all publicity matters that mention
or display one another's name and/or marks or contain language from
which a connection to said name and/or marks may be inferred or
implied.
XVII. ASSIGNMENT
Neither Party may assign, subcontract, or otherwise transfer its
rights or obligations under this Agreement except under such terms
and conditions as are mutually acceptable to the other Party (e.g.,
a conversion charge will apply per billable telephone number) and
with such Party's prior written consent, which consent shall not be
unreasonably withheld. Assignment without consent shall be grounds
for immediate termination of this Agreement.
XVIII. DISPUTE RESOLUTION
A. Finality of Disputes
No claims shall be brought for disputes arising from this
Agreement more than 24 months from the date of occurrence
which gives rise to the dispute. If any portion of an amount
due to SWBT under such agreement is subject to a bona fide
dispute between the Parties, LSP shall within fourteen (14)
days of its receipt of the invoice containing such disputed
amount give notice to SWBT of the amounts it disputes and
include in such notice the specific details and reasons for
disputing each item. LSP shall pay when due (i) all undisputed
amounts to SWBT and (ii) all Disputed Amounts into an interest
bearing escrow account with a third party escrow agent
mutually agreed upon by the Parties.
B. Alternative to Litigation
23
The Parties desire to resolve disputes arising out of this
Agreement without litigation. Accordingly, except for action
seeking a temporary restraining order or an injunction related
to the purposes of this Agreement, or suit to compel
compliance with this dispute resolution process, the Parties
agree to use the following alternative dispute resolution
procedure as their sole remedy with respect to any controversy
or claim of $25,000 or less, arising out of or relating to
this Agreement or its breach. The procedures hereunder may be
used with disputes for $25,000 or more, if mutually agreeable
to the Parties.
1. Resolution of Disputes Between Parties to the Agreement
At the written request of a Party, each Party will
appoint a knowledgeable, responsible representative to
meet and negotiate in good faith to resolve any dispute
arising under this Agreement. The location, form,
frequency, duration and conclusion of these discussions
shall be left to the discretion of the representatives.
Upon agreement, the representatives may utilize other
alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and
correspondence among the representatives for purposes of
settlement are exempt from discovery and production and
shall not be admissible in the arbitration described
below or in any lawsuit without the concurrence of all
Parties. Documents identified in or provided with such
communications, which are not prepared for purposes of
the negotiations, are not so exempted and, if otherwise
admissible, may be admitted in evidence in the
arbitration or lawsuit.
2. Arbitration
If the negotiations do not resolve the dispute within
thirty (30) days of the initial written request, the
dispute shall be submitted to binding arbitration by a
single arbitrator pursuant to the Commercial Arbitration
Rules of the American Arbitration Association. A Party
may demand such arbitration in accordance with the
procedures set out in those rules. Discovery shall be
controlled by the arbitrator and shall be permitted to
the extent set out in this section. Each Party may
submit in writing to a Party, and that Party shall so
respond, to a maximum of any combination of thirty-five
(35) (none of which may have subparts) of the following:
(a) Interrogatories
(b) Demands to produce documents
24
(c) Requests for admission
Additional discovery may be permitted upon mutual
agreement of the Parties. The arbitration hearing shall
be commenced within thirty (30) days of the demand for
arbitration. If the dispute arises in Texas, the
arbitration shall be held in Dallas, Texas. The
arbitrator shall control the scheduling so as to process
the matter expeditiously. The Parties shall submit
written briefs five days before the hearing. The
arbitrator shall rule on the dispute by issuing a
written opinion within twenty (20) days after the close
of hearings. The arbitrator has no authority to order
punitive or consequential damages. The times specified
in this section may be extended upon mutual agreement of
the Parties or by the arbitrator upon a showing of good
cause. Judgment upon the award rendered by the
arbitrator may be entered in any court having
jurisdiction.
3. Costs
Each Party shall bear its own costs of these procedures.
A Party seeking discovery shall reimburse the responding
Party the costs of production of documents (including
search time and reproduction costs). The Parties shall
equally split the fees of the arbitration and the
arbitrator.
XIX. VERIFICATION REVIEWS
Each Party to this Agreement will be responsible for the accuracy
and quality of its data as submitted to the respective Parties
involved. Upon reasonable written notice, each Party or its
authorized representative (providing such authorized representative
does not have a conflict of interest related to other matters before
one of the Parties) shall have the right to conduct a review and
verification of the other Party to give assurances of compliance
with the provisions of this Agreement. This includes on-site
verification reviews at the other Party's or the Party's vendor
locations.
After the initial year of this Agreement verification reviews will
normally be conducted on an annual basis with provision for staged
reviews, as mutually agreed, so that all subject matters are not
required to be reviewed at the same time. Follow up reviews will be
permitted between annual reviews where significant deviations are
found. During the initial year of the Agreement more frequent
reviews may occur.
The review will consist of an examination and verification of data
involving records, systems, procedures and other information related
to the services performed by either Party as related to settlement
charges or payments made in
25
connection with this Agreement as determined by either Party to be
reasonably required. Each Party, whether or not in connection with
an on-site verification review, shall maintain reasonable records
for a period of time no less than twenty-four (24) months from the
date such records are created and provide the other Party with
reasonable access to such information as is necessary to determine
amounts receivable or payable under this Agreement.
Each Party's right to access information for verification review
purposes is limited to data not in excess of 24 months in age. Once
specific data has been reviewed and verified, it is unavailable for
future reviews. Any items not reconciled at the end of a review
will, however, be subject to a follow-up review effort. Any
retroactive adjustments required subsequent to previously reviewed
and verified data will also be subject to follow-up review.
Information of either Party involved with a verification review
shall be subject to the nondisclosure terms of this Agreement.
The Party requesting a verification review shall fully bear its
costs associated with conducting the review. The Party being
reviewed will provide access to required information, as outlined in
this Section, at no charge to the reviewing Party. Should the
reviewing Party request information or assistance beyond that
reasonably required to conduct such a review, the Party being
reviewed may, as its option, decline to comply with such request or
may xxxx actual costs incurred in complying subsequent to the
concurrence of reviewing Party.
XX. COMPLIANCE WITH LAWS
The Parties believe in good faith that the Services to be provided
under this Agreement satisfy the requirements of the Act. In the
event a court or regulatory agency of competent jurisdiction should
determine that modifications of this Agreement are required to bring
the Services being provided hereunder into compliance with the Act,
the affected Party shall promptly give the other Party written
notice of the modifications deemed required. Upon delivery of such
notice, the Parties shall expend diligent efforts to arrive at an
agreement respecting such modifications required, and if the Parties
are unable to arrive at such agreement, either Party may terminate
this Agreement, without penalty, effective the day the affected
Party is ordered to implement the modifications deemed required, or
effective on the day either Party concludes and gives notice that
the Parties will not be able to arrive at any agreement respecting
such modifications, whichever date shall occur earlier.
This Agreement is an integrated package that reflects a balancing of
interests critical to the Parties. It will be submitted to the
applicable state regulatory Commission and the FCC as a compliance
filing, and the Parties will specifically request that the
applicable state regulatory Commission and the FCC refrain from
taking any action to change, suspend or otherwise delay
implementation of the
26
Agreement. In the event the Commission or the FCC rejects any
portion or provision of this Agreement or subsequently issues a
ruling or order that results in a provision being contrary to law,
or is invalid for any reason, the parties shall continue to be bound
by the terms of this Agreement, insofar as possible, except for the
portion rejected or subsequently determined to be unlawful, invalid,
or unenforceable. In such event, the Parties shall negotiate in good
faith to replace the rejected, unlawful, invalid, or unenforceable
provision and shall not discontinue service to the other Party
during such period if to do so would disrupt existing service being
provided to an end user. So long as the Agreement remains in effect,
the Parties shall not advocate before any legislative, regulatory,
or other public forum that any terms of this specific Agreement be
modified or eliminated. Notwithstanding this mutual commitment,
however, the Parties enter into this Agreement without prejudice to
any positions they have taken previously, or may take in the future
in any legislative, regulatory, or other public forum addressing any
matters, including matters related to the types of arrangements
prescribed by this Agreement.
XXI. CERTIFICATION REQUIREMENTS
LSP warrants that it has obtained all certifications required in
those jurisdictions in which LSP has ordered services pursuant to
this Agreement. Subject to restrictions in Article II.A. (Permitted
Use of Resold Service by LSP and Its End Users), LSP covenants that
any originating service provider utilizing the resold services under
this Agreement has obtained all required certification.
Upon request by any governmental entity, the LSP is required to
provide proof of certification.
XXII. EFFECT OF OTHER AGREEMENTS
The Parties agree that pursuant to the requirements of the
Telecommunications Act of 1996, a Party shall treat the other Party
no less favorably than it treats similarly situated local service
providers with whom such Party has an operational interconnection or
resale agreement which has been approved by the State PUC. If either
Party enters into an agreement (the "Other Agreement") approved by
the Commission pursuant to Section 252 of the Act which provides for
the provision of arrangements covered in this Agreement to another
requesting Telecommunications Carrier, such Party shall make
available to the other Party such arrangements upon the same rates,
terms and conditions as those provided in the Other Agreement.
XXIII. NOTIFICATION
SWBT will notify LSP of any changes in the prices, terms and
conditions under which SWBT offers telecommunications services at
retail to subscribers who are
27
not telecommunications service providers or carriers, including, but
not limited to, the introduction of any new features, functions,
services, promotions, grandfathering or the discontinuance of
current features or services at the time a tariff filing is
transmitted to the State Commission, or, in situations where a
tariff filing is not so transmitted, within ninety (90) days
(forty-five (45) days for price changes) of the expected effective
date of such change.
With regard to new services, the notification shall advise LSP of
the category in which such new service shall be placed and the
discount applicable to the new service.
SWBT currently uses the Accessible Letter process to notify LSP of
such changes to the services available for resale. Any change to the
process of notification to the LSP will provide no less notice than
the current Accessible Letter process.
XXIV. NOTICES
In the event any notices are required to be sent under the terms of
this Agreement, they shall be sent by registered mail, return
receipt requested to:
To LSP: To SWBT:
Mr. Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx
Valu-Line of Longview One Xxxx Plaza
0000 X. Xxxxxxxx Xxxx 000
Xxxxxxxx, Xxxxx 00000 Xxxxxx, XX 00000
XXV. BENEFICIARIES
This Agreement shall not provide any nonparty with any remedy,
claim, cause of action or other right.
XXVI. TERM
SWBT and LSP agree that the initial term of this Agreement shall be
for 90 days, and thereafter the Agreement shall continue in force
and effect unless and until terminated as provided herein. Either
Party may terminate this Agreement by providing written notice of
termination to the other Party, at least 60 days in advance of the
date of termination. At the conclusion of the first term, this
Agreement shall continue without interruption unless terminated by
either Party or superseded by a new Agreement between the parties.
By mutual agreement, SWBT and LSP may amend this Agreement to modify
the term of this Agreement. Where LSP has not made arrangements to
provide service over its own facilities to its end users, the
notification and transfer of end user procedures outlined in Article
XII.D.-F. (Termination of service to LSP) shall apply.
28
XXVII. EFFECTIVE DATE
The effective date of this Agreement shall be ten (10) days after
the date that the appropriate state regulatory Commission approves
this Agreement.
XXVIII. WAIVER
The failure of either Party to enforce or insist that the other
party comply with any of the terms or conditions of this Agreement,
or the waiver by either Party in a particular instance of any of the
terms and conditions of this Agreement, shall not be construed as a
general waiver or relinquishment of the terms and conditions, but
the Agreement shall be and remain at all times in full force and
effect.
XXIX. DISCLAIMER OF WARRANTIES
SWBT MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR
FITNESS FOR INTENDED OR PARTICULAR PURPOSE WITH RESPECT TO SERVICES
PROVIDED HEREUNDER. ADDITIONALLY, SWBT ASSUMES NO RESPONSIBILITY
WITH REGARD TO THE CORRECTNESS OF DATA OR INFORMATION SUPPLIED BY
LSP WHEN THIS DATA OR INFORMATION IS ACCESSED AND USED BY A THIRD
PARTY.
XXX. RELATIONSHIP OF THE PARTIES
This Agreement shall not establish, be interpreted as establishing,
or be used by either Party to establish or to represent their
relationship as any form of agency, partnership or joint venture.
Neither Party shall have any authority to bind the other or to act
as an agent for the other unless written authority, separate from
this Agreement, is provided. Nothing in the Agreement shall be
construed as providing for the sharing of profits or losses arising
out of the efforts of either or both of the Parties. Nothing herein
shall be construed as making either Party responsible or liable for
the obligations and undertakings of the other Party.
XXXI. INTERVENING LAW AND PRESERVATION OF RIGHTS
At the time of execution of this Agreement, SWBT had participated in
Docket Nos. 16189, 16196, 16226, 16285 and 16290 (the "Consolidated
Arbitration") before the Commission. The Parties have included
certain rates, terms and/or conditions in this Agreement which
reflect rates, terms and/or conditions established in the
Consolidated Arbitration and contained in one or more agreements
approved by the Commission. LSP acknowledges that any negotiations,
appeal, stay, injunction or similar proceeding impacting the
29
applicability of those rates, terms or conditions to other Local
Service Provider(s) will similarly impact the applicability of those
rates, terms or conditions to LSP (Collectively "Appeals"). If LSP
is not eligible to receive one or more rates, terms or conditions at
any time due to such Appeals, the Parties agree that SWBT shall
substitute the most favorable rate(s), terms and conditions
applicable to LSP's activities then in place from an interconnection
agreement which has been approved by the Commission.
Moreover, if the actions of the Texas or federal legislative bodies,
courts or regulatory agencies of competent jurisdiction invalidate,
modify or stay the enforcement of laws or regulations that were the
basis for a provision of the contract which is reflective of the
Consolidated Award, the affected provision shall be invalidated,
modified or stayed. In such event, the Parties shall expend diligent
efforts to arrive at an agreement respecting the modifications to
the Agreement required. If negotiations fail, disputes between the
Parties concerning the interpretation of the actions required or the
provisions affected by such governmental actions shall be resolved
pursuant to the dispute resolution process provided for in this
Agreement. SWBT expressly reserves all of its appellate rights
concerning the above Appeals and does not waive any legal arguments
by executing this Agreement.
XXXII. COMPLETE TERMS
This Agreement, together with its exhibits constitutes the entire
agreement between the Parties and supersedes all prior discussions,
representations or oral understandings reached between the Parties.
The corresponding tariffs and this Agreement (including the
exhibits) contain all of the applicable rates and charges to be paid
by the LSP to SWBT in connection with SWBT's provision of
telecommunications service to LSP for Resale to its end user
customers.
Neither Party shall be bound by any amendment, modification or
additional terms unless it is reduced to writing signed by an
authorized representative of the Party sought to be bound.
By their signatures in the space provided below, LSP and SWBT
indicate their acceptance of this Agreement. This agreement shall
not bind LSP and SWBT until executed by both Parties. This Agreement
will be governed by and interpreted in accordance with the laws of
the State of Texas.
30
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT.
VALU-LINE OF LONGVIEW, INC. SOUTHWESTERN XXXX TELEPHONE
AECN/OCN: ______ COMPANY
/s/ Xxxxxxx X. Xxxxxx, Xx. /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------------
Signature Signature
Xxxxxxx X. Xxxxxx, Xx. Xxxxxx X. Xxxxxx
------------------------------ ------------------------------------
Printed Name Printed Name
President General Manager - Local [illegilble]
------------------------------ ------------------------------------
Position/Title Position/Title
April 15, 1997 April 30, 1997
------------------------------ ------------------------------------
Date Date
RESALE AGREEMENT (TEXAS) - EXHIBIT C
PAGE 1 OF 1
SWBT/LSP
M307
APPENDIX RESALE
(STATE)
OS/DA PRICING - BRANDING, RATE & REFERENCE
The following rates will apply for each service element:
--------------------------------------------------------------------------------
A. CALL BRANDING
An initial non-recurring charge applies per
trunk group for the establishment of LSP
specific Call Branding. A Per Call charge also
applies. When there are subsequent changes to
the branding announcement, an additional
non-recurring charge will also apply per change.
Rate per initial load group $2975.00
Rate per load for Brand change $2975.00
Per Call $ .02
--------------------------------------------------------------------------------
B. DIRECTORY ASSISTANCE RATE/REFERENCE
INFORMATION
An initial non-recurring charge applies for the
initial load of LSP's DA Services Rate/Reference
Information. An additional non-recurring charge
applies for each subsequent change to
Rate/Reference Information.
Rate per initial load $5100.00
Rate per subsequent rate change $4100.00
Rate per subsequent reference change $4100.00
--------------------------------------------------------------------------------
C. OPERATOR SERVICES RATE/REFERENCE
INFORMATION
An initial non-recurring charge applies for the
initial load of LSP's Operator Services
Rate/Reference Information. An additional
non-recurring charge applies for each subsequent
change to Rate/Reference Information.
Rate per initial load $5100.00
Rate per subsequent rate change $4100.00
Rate per subsequent reference change $4100.00
--------------------------------------------------------------------------------
APPENDIX OSS-RESALE
2
APPENDIX OSS
ACCESS TO OPERATIONS SUPPORT SYSTEMS FUNCTIONS
1. General Conditions
1.1 This Appendix sets forth the terms and conditions under which SWBT
provides nondiscriminatory access to SWBT's operations support systems
"functions" to LSP for pre-ordering, ordering, provisioning, maintenance /
repair, and billing. Such functions will be made available as described herein
for Resold Services, as provided in this Interconnection Agreement.
1.2 The functions, for Resale, will be accessible via electronic
interface, as described herein, where such functions are available. Manual
access will be available to all pre-ordering, ordering, provisioning, and
billing functions via the Local Service Provider Service Center (LSPSC). Repair
and maintenance functions are available via manual handling by the Local Service
Provider Center (LSPC).
1.3 LSP agrees to utilize SWBT electronic interfaces, as SWBT defines in
its requirements, only for the functions described herein for the purposes of
establishing and maintaining Resale services. LSP agrees that such use will
comply with the summary of SWBT's Operating Practice No. 113, Protection of
Electronic Information, titled Local Service Provider Security Policies and
Guidelines.
1.4 LSP acknowledges and agrees that access to OSS functions will only be
utilized to view an end-user's Customer Proprietary Network Information (CPNI)
under the conditions set forth and agreed to in Exhibit A of this Appendix.
1.5 By utilizing electronic interfaces to access OSS functions, LSP
acknowledges and agrees to perform accurate and correct billing functions that
occur during ordering per the terms of this Agreement. Further, LSP recognizes
that such billing functions for conversion orders require viewing CPNI as
described in 1.4 above. All exception handling must be requested manually from
LSPSC.
1.6 In areas where Resale service order transactions cannot be provided
via an electronic interface for the pre-order, ordering and provisioning
processes, SWBT and LSP will utilize manual processes until such time as the
transactions can be electronically transmitted.
1.7 SWBT will provide a help desk function for electronic system
interfaces.
1.8 SWBT and LSP will jointly establish interface contingency and disaster
recovery plans for the pre-order, ordering and provisioning of Resale services.
1.9 SWBT reserves the right to modify or discontinue the use of any system
or interface as it deems appropriate.
3
1.10 if LSP elects to utilize industry standardized electronic interfaces
for Resale, SWBT and LSP agree to work together in the Order and Billing Forum
(OBF) and the Telecommunications Industry Forum (TCIF) to establish and conform
to uniform industry standards for electronic interfaces for pre-order, ordering,
and provisioning. Neither Party waives its rights as participants in such forums
in the implementation of the standards. To achieve industry standard system
functionality as quickly as possible, the Parties acknowledge that SWBT may
deploy these interfaces with requirements developed in advance of industry
standards. Thus, subsequent modifications may be necessary to comply with
emerging standards. LSP and SWBT are individually responsible for evaluating the
risk of developing their respective systems in advance of standards and agree to
support their own system modifications to comply with new requirements.
2. Pre-Order
2.1 SWBT will provide access to pre-order functions to support LSP
ordering of Resale services via several electronic interfaces. The Parties
acknowledge that ordering requirements necessitate the use of current, real time
pre-order information to accurately build service orders. The following lists
represent pre-order information that will be available to LSP so that LSP order
requests may be created to comply with SWBT ordering requirements.
2.2 Pre-ordering functions for Resale services will include:
2.2.1 customer name, billing address and residence or business
address, billed telephone numbers and features and services available in the end
office where the customer is provisioned;
2.2.2 features and services to which the customer subscribes (LSP
agrees that LSP's representatives will not access the information specified in
this Subsection until after the customer requests that the customer's local
exchange service provider be changed to LSP and such request complies with
conditions of Exhibit A of this Appendix.)
2.2.3 a telephone number (if the customer does not have one
assigned) with the customer on-line.
2.2.4 if a service call is needed to install the line or service;
2.2.5 information regarding the dispatch / installation schedule, if
applicable;
2.2.6 PIC options for intraLATA toll (when available) and interLATA
toll;
2.2.7 address verification.
2.3. Electronic Access to Pre-Order Functions: Upon request by LSP for
electronic access to pre-ordering functions, SWBT will provide LSP access to one
or more of the following systems:
4
2.3.1 Residential Easy Access Sales Environment (R-EASE): R-EASE is
an ordering entry system through which SWBT will provide LSP access for the
functions of pre-ordering SWBT's Resale services so long as EASE is utilized to
order SWBT Residential Resale Services.
2.3.2 Business Easy Access Sales Environment (EASE): B-EASE is an
ordering entry system through which SWBT will provide LSP access for the
functions of pre-ordering SWBT's Resale services so long as such access is
utilized to order SWBT's Business Resale Services.
2.3.3 DataGate: DataGate is transaction-based data query system
through which SWBT will provide LSP access for the functions of gathering
pre-ordering information to support industry standardized ordering processes for
Residential and Business Resale services. When ordering Resale services, LSP's
representatives will have access to a pre-order electronic gateway provided by
SWBT for both consumer and business customers that provides real-time access to
SWBT's operations systems. This gateway shall be a Transmission Control
Protocol/Internet Protocol (TCP/IP) gateway and will allow the LSP
representatives to perform the pre-order functions for Resale services, as
described above. SWBT and LSP agree to work together to develop and implement an
electronic communication interface that will replace this initial pre-order
electronic interface consistent with industry standards developed by the OBF and
the TCIF.
2.3.4 VERIGATE is an Access Service Pre-order system that will also
provide access to the pre-ordering functions for Resale Services. VERIGATE may
be used in connection with electronic or manual ordering.
2.4 Other Pre-order Function Availability:
2.4.1 Where due dates are not available electronically, SWBT will
provide LSP with due date interval for inclusion in the service order request.
2.4.2 In addition to electronic interface access to pre-order
information, upon request, SWBT will provide LSP pre-order information in batch
transmission for the purposes of back-up data for periods of system
unavailability. The parties recognize such information must be used to construct
order requests only in exception handling.
3. Ordering/Provisioning
3.1 SWBT will provide access to ordering functions to support LSP
provisioning of Resale services via one or more electronic interfaces. Upon
request for electronic access to ordering functions, SWBT will provide LSP
access to one or more of the following systems or interfaces:
3.1.1 R-EASE is available is available for the generation of
Residential Resale services orders. Ordering Flows will be available via these
systems for the following ordering functions:
5
Conversion ("as is" or "with changes"); Change (Features, Listings, Long
Distance); New Connect; Disconnect; From and To (change of premises with same
service).
3.1.2 B-EASE is available for the generation of Business Resale
services orders. Ordering Flows will be available via these systems for the
following ordering functions: Conversion ("as is" or "with changes"); Change
(Features, Listings, Long Distance); New Connect; Disconnect; From and To
(change of premises with same service).
3.1.3 SWBT will provide LSP with an Electronic Data Interexchange
(EDI) Interface for transmission of industry-standardized Resale service order
requests in formats as defined by the Ordering and Billing Forum (OBF) and EDI
mapping as defined by TCIF. EDI ordering functionality will be made available as
negotiated and implemented in timeframes mutually acceptable to SWBT and LSP.
3.2 SWBT will provision Resale Services as prescribed in LSP order
requests. Access to status on such orders of Resale services will be provided
via the following electronic interfaces:
3.2.1 Customer Network Administration (CNA) will allow LSP to check
service order status via CNA.
3.2.2 In cases of industry-standardized EDI ordering, SWBT will provide to
LSP an EDI electronic interface for transferring and receiving orders, Firm
Order Confirmation (FOC), service completion, and, as available, other
provisioning data and information. SWBT will provide LSP with a FOC for each
Resale order. The FOC includes but is not necessarily limited to: purchase order
number, telephone number, Local Service Request number, due date, Service Order
number, and completion date. Upon work completion, SWBT will provide LSP with an
855 EDI transaction based Order Completion that states when that order was
completed. When available, SWBT will provide LSP an 865 EDI transaction-based
Order Completion.
3.2.3 A file transmission may be provided to confirm order completions for
R-EASE or B-EASE order processing. This file will provide service order
information of all distributed and completed orders for LSP, regardless of order
entry mechanism.
4. Maintenance/Repair
4.1 Two electronic interfaces are accessible to place, and check the
status of, trouble reports for Resale. Upon request, LSP may access these
functions via the following methods:
4.1.1 CNA system access provides LSP with SWBT software that allows
LSP to submit trouble reports and subsequently check status on trouble reports
for LSP end-users. CNA will provide ability to review the maintenance history of
a converted Resale LSP account.
4.1.2 Electronic Bonding Interface (EBI) is an industry-standardized
interface that is available for trouble report submission and status updates.
This EBI will conform to ANSI standards T1:227:1995 and T1.228:1995, Electronic
Communications Implementation
6
Committee (ECIC) Trouble Report Format Definition (TFRD) Number 1 as defined in
ECIC document ECIC/TRA/95-003, and all standards referenced within those
documents, as mutually agreed upon by LSP and SWBT. Functions currently
implemented will include Enter Trouble, Request Trouble Report Status, Add
Trouble Information, Modify Trouble Report Attributes, Trouble Report Attribute
Value Change Notification, and Cancel Trouble Report, as explained in 6 and 9 of
ANSI T1.228:l995. LSP. SWBT will exchange requests over a mutually agreeable
X.25-based network.
5. Billing
5.1 SWBT shall xxxx LSP for resold services. SWBT shall send associated
billing information to LSP as necessary to allow LSP to perform billing
functions. At minimum SWBT will provide LSP billing information in a paper
format or via magnetic tape, as agreed to between LSP and SWBT.
5.2 Upon request, electronic access to billing information for Resale
Services will also be available via the following interfaces:
5.2.1 LSP may receive Xxxx Plus(TM), an electronic version of their
electronic xxxx as described in and in accordance with SWBT's Local Exchange
Tariff.
5.2.2 LSP may receive a mechanized xxxx format via the industry
standards EDI.
5.2.3 LSP may also view billing information through the CNA system.
5.2.4 SWBT shall provide the Usage Billable Records for Resale
Services via EMR industry standard format with a daily feed.
5.2.5 LSP may receive Local Disconnect Report records (via CARE
records) electronically that indicate when LSP's customers change their local
service provider.
6. Remote Access Facility
6.1 LSP must access the following of SWBT's OSS functions via a LSP Remote
Access Facility (LRAF) located in Dallas, Texas: R-EASE, B-EASE, CNA, DATAGATE
and VERIGATE.
6.2 LSP may use three types of access: Switched, Private Line, and Frame
Relay. For Private Line and Frame Relay connections, LSP shall provide its own
router, circuit, and two Channel Service Units/Data Service Units (CSU/DSU). The
demarcation point shall be the router interface at the LRAF. Switched Access
connections require LSP to provide its own modems and connection to the SWBT
LRAF. LSP shall pay the cost of the call if Switched Access is used.
6.3 LSP must use TCP/IP to access SWBT OSS via the LRAF. In addition, each
LSP shall have a valid Internet Protocol (IP) network address. A user-id
/password unique to each
7
individual accessing an OSS shall be maintained to access any SWBT OSS. Prior to
establishing connectivity and as needed thereafter, LSP must provide estimates
regarding its volume of transactions, number of concurrent users, desired number
of private line or dial-up (switched) connections, and length of a typical
session.
6.4 LSP shall attend and participate in implementation meetings to discuss
LSP LRAF access plans in detail and schedule testing of such connections. SWBT
shall make a Help Desk function available to assist LSP on an ongoing basis in
accessing SWBT OSS's over the LRAF.
7. Operational Readiness Test (ORT) for Ordering/Provisioning
7.1 LSP must participate with SWBT in Operational Readiness Testing (ORT),
which will allow for the testing of the systems, interfaces, and processes for
the ordering and provisioning of Resale services. ORT will be completed in
conformance with agreed upon implementation dates.
8. Rates
8.1 LSP requesting access to one or more of the SWBT OSS functions (i.e.,
preordering, ordering / provisioning, maintenance / repair, billing) agrees to
pay the following rate:
System Access $3,200.00/month
8.2 LSP requesting functions via interfaces that require connection to
the Remote Access Facility, as described in section 6, agrees to pay the
following rate(s) depending upon on method of access utilized:
Remote Access Facility Access Methods
Direct Connection Per Port $1,505.00/month
Dial Up Per Port $ 301.00/month
8.4 LPS requesting the Xxxx PlusTM, as desribed in 5.2.1, agrees to pay
applicable tariffed rate, less Resale discount.
8.3 LSP requesting the billing function for Usage Billable Records, as
described in 5.2.4, agrees to pay $.003 per message transmitted.
8.4 LSP requesting the Local Disconnect Report, as described in 5.2.5,
agrees to pay $0.10 per record transmitted.
8.4 Should unforeseen modifications and costs to provision OSS functions
become required by SWBT or industry standards, SWBT reserves the right to modify
its rate structure. In addition, should LSP request custom development of an
exclusive interface to support OSS functions, such development will be
considered by SWBT on an Individual Case Basis (ICB) and priced as such.
8
9. Effective Date, Term
9.1 The Appendix OSS will be effective upon approval by the state
commission when it approves it as a part of the Interconnection Agreement.
9.2 The Term of Appendix OSS will be the shorter of the Term of this
Interconnection Agreement or December 31, 1998. Continuation of Appendix OSS
follows the continuation rules of the Agreement. Should the Interconnection
Agreement establish a new term, the Term of Appendix OSS will be the shorter of
one year, or the new Term of the Interconnection Agreement. Should the term of
the Interconnection Agreement expire without provision for continuance, the Term
of Appendix OSS expires as well.
Southwestern Xxxx Telephone Company LSP, Inc.
By: Xxxxxx X. Xxxxxx By: Xxxxxxx X. Xxxxxx, Xx.
-------------------------------------- -------------------------------
(name printed or typed)
Signature: /s/ Xxxxxx X. Xxxxxx Signature: /s/ Xxxxxxx X. Xxxxxx, Xx.
------------------------------- ------------------------
Title: General Manager - Local[illegilble] Title: President
----------------------------------- ----------------------------
(printed or typed) printed or typed)
Date: April 30, 1997 Date: April 15, 1997
------------------------------------ -----------------------------
Blanket Certification for End-User Authorization for Release of
Customer Proprietary Network Information (CPNI)
The undersigned hereby agrees:
Before it may obtain CPNI of an end-user, whether via an independent request or
in the course of ordering SWBT's Resale services via manual and/or mechanized
interfaces, the undersigned must, at least, certify that "yes" (Y) it has
obtained Authorization for Release of CPNI and provide the name of the
individual authorizing the release of CPNI. By these indications, the
undersigned affirms that a current Authorization for the Release of CPNI has
been obtained from an end-user and that it includes the expressed content of the
language, "Minimum Scope." SWBT may then provide the CPNI referenced herein.
Minimum Scope: Authorization for the release of CPNI
1) An affirmative written request that substantially reflects the
following: "This document serves as instruction to all holders of my
local exchange telecommunications Customer Proprietary Network
Information (CPNI) to provide such information to the undersigned. I
understand that this CPNI includes the following information:
billing name, service address, billing address, service and feature
subscription, directory listing information long distance carrier
identity, and all pending service order acitivity. This
Authorization remains in effect until such time that I revoke it
directly or appoint another individual/company with such capacity or
undersigned receives notice to disconnect my local exchange service
or notice that a service disconnect has been performed. At and from
such time, this Authorization is null and void."
or
2) Authorization for change in local exchange service and release of
CPNI with documentation that adheres to all requirements of state
and federal law, as applicable.
/s/ Xxxxxxx X. Xxxxxx, Xx.
--------------------------
Signed
Xxxxxxx X. Xxxxxx, Xx.
--------------------------
Name (Typed/Printed)
President
--------------------------
Title
Valu-Line of Longview
--------------------------
Company
April 15, 1997
--------------------------
Date
Exhibit A
RESALE AGREEMENT (TEXAS) - EXHIBIT A
1
Southwestern Belll's Resale Telecommunications Services * List - Business
Texas
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
LOCAL EXCHANGE SERVICE
Business 1 Party 21.6% 21.6%
Business - Multi-Line Hunting 21.6% 21.6%
Business - Measured 21.6% 21.6%
Business - Measured (HTG Class of Service) 21.6% 21.6%
Customer Operated Pay Telephone (COPT) 21.6% 21.6%
EXPANDED LOCAL CALLING
EMS - Optional 21.6% 21.6%
Expanded Local Calling (Mandatory) 21.6% 21.6%
Extended Area Calling Service - Optional 21.6% 21.6%
Mandatory EACS - Hotel/Motel Measured Trunk 21.6% 21.6%
Mandatory EACS - Multi-Line Hunting 21.6% 21.6%
Mandatory EACS - One element measured, 1 -party 21.6% 21.6%
Mandatory EACS - PBX Trunk 21.6% 21.6%
Mandatory Extended Area Calling Service (EACS)- 1 21.6% 21.6%
Party
VERTICAL SERVICES
Anonymous Call Rejection 21.6% 21.6%
Auto Redial 21.6% 21.6%
Auto Redial - Usage Sensitive 21.6% 21.6%
Call Blocker 21.6% 21.6%
Call Forwarding 21.6% 21.6%
Call Forwarding - Busy Line 21.6% 21.6%
Call Forwarding - Busy Line/ Don't Answer 21.6% 21.6%
Call Forwarding - Don't Answer 21.6% 21.6%
Call Return 21.6% 21.6%
Call Return - Usage Sensitive 21.6% 21.6%
Call Trace 21.6% 21.6%
Call Waiting 21.6% 21.6%
Calling Name 21.6% 21.6%
Calling Number 21.6% 21.6%
* Some Services not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
3
RESALE AGREEMENT (TEXAS) - EXHIBIT A
2
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
VERTICAL SERVICES (cont.)
ComCall* 21.6% 21.6%
Personalized Ring (1 dependent number) 21.6% 21.6%
Personalized Ring (2 dependent numbers -1st 21.6% 21.6%
number)
Personalized Ring (2 dependent numbers - 2nd 21.6% 21.6%
number)
Priority Call 21.6% 21.6%
Remote Access to Call Forwarding 21.6% 21.6%
Selective Call Forwarding 21.6% 21.6%
Simultaneous Call Forwarding 21.6% 21.6%
Speed Calling 8 21.6% 21.6%
Speed Calling 30 21.6% 21.6%
Three Way Calling 21.6% 21.6%
DID
DID (First Block of 100- Category 1) 21.6% 21.6%
DID (First Block of 10- Category 1) 21.6% 21.6%
DID (Ea. adl. block of 10 after first 10- Category 1) 21.6% 21.6%
DID (Ea. adl. block of 100 after first 100- Category 2) 21.6% 21.6%
DID (Ea. adl. block of 10 assigned over 1st 100- 21.6% 21.6%
Category 2)
DID (with dial pulse) 21.6% 21.6%
DID (with Multifrequency) 21.6% 21.6%
DID (with Dual-Tone Multifrequency) 21.6% 21.6%
DID (1st 10 Trunks or access lines) 21.6% 21.6%
DID (11th thru 50th trunk or network access line) 21.6% 21.6%
DID (51st trunk or network access line) 21.6% 21.6%
TRUNKS
Trunk 21.6% 21.6%
AIN
Area Wide Networking 21.6% 21.6%
Caller Intellidata (R) 21.6% 21.6%
Disaster Routing Service 21.6% 21.6%
Intelligent Redirect TM 21.6% 21.6%
IntelliNumber 21.6% 21.6%
Positive ID 21.6% 21.6%
4
RESALE AGREEMENT (TEXAS) - EXHIBIT A
3
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
OTHER
Customer Alerting Enablement 21.6% 21.6%
Grandfathered Services 21.6% 21.6%
Hot Line 21.6% 21.6%
Hunting 21.6% 21.6%
Local Operator Assistance Service 21.6% 21.6%
Night Number associated with Telephone Number 21.6% 21.6%
Night Number associated with a Terminal 21.6% 21.6%
Bundled Telecommunications Services (e.g., the 21.6% 21.6%
Works)
Promotions (Greater than 90 days) 21.6% 21.6%
Telebranch (R) 21.6% 21.6%
Touch Tone (Business) 21.6% 21.6%
Touch Tone (Trunk) 21.6% 21.6%
Voice Dial 21.6% 21.6%
Warm Line 21.6% 21.6%
ISDN
Digiline (SM) 21.6% 21.6%
Select Video Plus (R) 21.6% 21.6%
Smart Trunk (SM) 21.6% 21.6%
DIRECTORY ASSISTANCE SERVICES 21.6% 21.6%
TOLL
900/976 Call Restriction 21.6% 21.6%
IntraLATA MTS 21.6% 21.6%
MaxiMizer 800 (R) 21.6% 21.6%
OutWATS 21.6% 21.6%
PLEXAR (R)
Plexar I (R) 21.6% 21.6%
Plexar II (R) 21.6% 21.6%
* Some Services not available in all Areas.
5
RESALE AGREEMENT (TEXAS) - EXHIBIT A
4
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
PRIVATE LINE
Analog Private Lines 21.6% 21.6%
Business Video Service 21.6% 21.6%
DOVLink 21.6% 21.6%
Frame Relay 21.6% 21.6%
MegaLink I (R) 21.6% 21.6%
MegaLink II (R) 21.6% 21.6%
MegaLink III (R) 21.6% 21.6%
MicroLink I (R) 21.6% 21.6%
Network Reconfiguration Service 21.6% 21.6%
* Some Services not available in all Areas.
6
RESALE AGREEMENT (TEXAS) - EXHIBIT A
5
Southwestern Xxxx'x Resale Telecommunications Services * List - Residence
Texas
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
LOCAL EXCHANGE SERVICE
Life Line and Link Up America Services 21.6% 21.6%
Residence 1 Party 21.6% 21.6%
Residence Measured 21.6% 21.6%
EXPANDED LOCAL CALLING
Expanded Local Calling (Mandatory) 21.6% 21.6%
Mandatory Extended Area Calling Service (EACS)- 21.6% 21.6%
1 Party
Mandatory EACS - One element measured, 1 Party 21.6% 21.6%
EMS - Optional 21.6% 21.6%
Extended Area Calling Service - Optional 21.6% 21.6%
VERTICAL SERVICES
Anonymous Call Rejection 21.6% 21.6%
Auto Redial 21.6% 21.6%
Auto Redial - Usage Sensitive 21.6% 21.6%
Call Blocker 21.6% 21.6%
Call Forwarding 21.6% 21.6%
Call Forwarding - Busy Line 21.6% 21.6%
Call Forwarding - Busy Line/Don't Answer 21.6% 21.6%
Call Forwarding - Don't Answer 21.6% 21.6%
Call Return 21.6% 21.6%
Call Return - Usage Sensitive 21.6% 21.6%
Call Trace 21.6% 21.6%
Call Waiting 21.6% 21.6%
Calling Name 21.6% 21.6%
Calling Number 21.6% 21.6%
ComCall (R) 21.6% 21.6%
Personalized Ring (1 dependent number) 21.6% 21.6%
Personalized Ring (2 dependent numbers - 1st 21.6% 21.6%
number)
Personalized Ring (2 dependent numbers - 2nd 21.6% 21.6%
number)
Priority Call 21.6% 21.6%
Remote Access to Call Forwarding 21.6% 21.6%
Selective Call Forwarding 21.6% 21.6%
Simultaneous Call Forwarding 21.6% 21.6%
* Some Services not available in all Areas
7
RESALE AGREEMENT (TEXAS) - EXHIBIT A
6
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
VERTICAL SERVICES (cont.)
Speed Calling 8 21.6% 21.6%
Three Way Calling 21.6% 21.6%
DIRECTORY ASSISTANCE SERVICES 21.6% 21.6%
ISDN
Digiline (SM) 21.6% 21.6%
OTHER
Customer Alerting Enablement 21.6% 21.6%
Grandfathered Services 21.6% 21.6%
Hot Line 21.6% 21.6%
Local Operator Assistance Service 21.6% 21.6%
Bundled Telecommunications Services (e.g., the 21.6% 21.6%
Works)
Promotions (Greater than 90 days) 21.6% 21.6%
Preferred Number Service 21.6% 21.6%
TouchTone 21.6% 21.6%
Voice Dial 21.6% 21.6%
Warm Line 21.6% 21.6%
TOLL
900/976 Call Restriction 21.6% 21.6%
Home 800 (SM) 21.6% 21.6%
IntraLATA MTS 21.6% 21.6%
* Some Services not available in all Areas.
8
Exhibit B
9
RESALE AGREEMENT (TEXAS) - EXHIBIT B
1
Southwestern Belll's Resale Other Services * List
Texas
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
Additional Directory Listings 21.6% 21.6%
Distance Learning 21.6% 21.6%
Toll Restriction 21.6% 21.6%
Xxxx Plus 5% 5%
Consolidated Billing 5% 5%
Access Services 0% 0%
Cellular Mobile Telephone interconnection Services 0% 0%
Company Initiated Suspension Service 0% 0%
Construction Charges 0% 0%
Customer Initiated Suspension Service 0% 0%
Exchange Connection Service 0% 0%
Connections with Terminal Equipment and 0% 0%
Communications Equipment
Maintenance of Service Charges 0% 0%
Telecommunications Service Priority Systems 0% 0%
Shared Tenant Service 0% 0%
976 Information Delivery Service 0% 0%
10
