EXHIBIT 10.11
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of February 24, 1999
by and between
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY,
d/b/a
XXXX ATLANTIC - MAINE
and
HARVARDNET, INC.
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement (this "Agreement"), under Sections 251 and
252 of the Telecommunications Act of 1996 (the "Act"), is effective as of the
24th day of February 1999 (the "Effective Date"), by and between New England
Telephone and Telegraph Company, d/b/a Xxxx Atlantic - Maine ("BA"), a Maine
corporation with offices at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, 00000,
and Harvard Net, Inc., ("HarvardNet") a Delaware corporation with offices at 000
Xxxxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxxxxxx, 00000 (each a "Party" and,
collectively, the "Parties").
WHEREAS, HarvardNet has requested that BA make available to HarvardNet
Interconnection service and unbundled Network Elements upon the same terms and
conditions as provided in the Interconnection Agreement (and amendments thereto)
between New England Fiber Communications, LLC and BA, dated as of July 17, 1997,
for Maine, approved by the Commission under Section 252 of the Act the (the
"Separate Agreement") and attached as Appendix 1 hereto; and
WHEREAS, BA has undertaken to make such terms and conditions available to
HarvardNet hereby only because of and, to the extent required by, Section 252(i)
of the Act.
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, HarvardNet and BA hereby agree as follows:
1.0 Incorporation of Appendices by Reference
1.1 Except as expressly stated herein, the terms and conditions of the
Separate Agreement (as set forth in Appendix 1 hereto), as it is in effect on
the date hereof after giving effect to operation of law, and of the other
Appendices hereto, are incorporated by reference in their entirety herein and
form an integral part of this Agreement.
1.2 References in Appendix 1 hereto to New England Fiber Communications,
LLC or to NEFC shall for purposes of this Agreement be deemed to refer to
HarvardNet.
1.3 References in Appendix 1 hereto to the "Effective Date", the date of
effectiveness thereof and like provisions shall for purposes of this Agreement
be deemed to refer to the date first written above. Unless terminated earlier in
accordance with the terms of Appendix 1 hereto, this Agreement shall continue in
effect in accordance with Section 21 of Appendix 1 until the Separate Agreement
expires or is otherwise terminated.
1.4 All references in Appendix 1 hereto to "800/888" shall be deleted in
their entirety and replaced with the following: "800/888/877".
1.5 The Joint Network Configuration and Grooming Plan referred to in
Section 8.1 of Appendix 1 hereto shall be developed upon the request of either
Party within a reasonable amount of time after receipt of such request, but an
initial plan shall be established no more than six months after the request is
made.
1.6 If HarvardNet so requests, at such time as BA makes available the
Performance Monitoring Reports set forth in the Memorandum Opinion and Order
adopted by the FCC on August 14, 1997 (the "FCC Merger Order") to other
Telecommunications Carriers purchasing Interconnection from BA, BA shall provide
HarvardNet with the Performance Monitoring Reports applicable to HarvardNet in
accordance with the requirements of said FCC Merger Order in lieu of the
quarterly performance reports set forth in Schedules 27.2A through 27.2D
thereto.
1.7 Notices to HarvardNet under Section 29.12 of Appendix 1 hereto shall
be sent to the following address:
HarvardNet, Inc.
Attn: Xxxxxxx Xxxxxxxxxx
General Counsel
000 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
1.8 Notices to BA under Section 29.12 of Appendix 1 hereto shall be sent
to the following address:
President - Telecom Industry Services
Xxxx Atlantic Corporation
1095 Avenue of the Xxxxxxxx
00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Facsimile: (000) 000-0000
with a copy to:
Xxxx Atlantic Network Services, Inc.
Attn: Xxxx X. Xxxxx
Associate General Counsel
0000 X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx
Xxxxxxxxx, Xxxxxxxx 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
with a copy to:
0
Xxxx Xxxxxxxx Xxxxx
Attn: Xxxxxx Xxxxxx
General Counsel
Room 1403
000 Xxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
1.9 Schedule 4.0 set forth at Appendix 2 hereto shall replace and
supersede in its entirety Schedule 4.0 of Appendix 1 hereto.
2.0 Clarifications
2.1 BA and HarvardNet have entered into this Agreement in accordance with
the requirements of 47 USC ss. 252(i). However, BA has advised HarvardNet that
BA disputes the applicability of the Separate Agreement's Reciprocal
Compensation arrangements to traffic that is transmitted to or returned from the
Internet at any point during the duration of the transmission ("Internet
Traffic"), (herein the "Disputed Issue"). BA believes that Internet Traffic is
not "Local Traffic" pursuant to Section 5.7 of the Separate Agreement and
HarvardNet disagrees.
2.2 The execution of this Agreement does not constitute (1) an admission
by either Party that the other Party's interpretation thereof is lawful or
reasonable; or (2) a release or waiver by either Party of its claims and
defenses pertaining to the Disputed Issue. Xxxx Atlantic agrees to be bound by
the terms of the Separate Agreement only as and to the extent required by
Section 252(i). Moreover, the entry into, filing and performance by the Parties
of this Agreement does not in any way constitute a waiver by either Party of any
of the rights and remedies it may have pursuant to Section 28 of the Separate
Agreement. Nor does it constitute a waiver of any right available under
Applicable Law, in connection with either the Disputed Issue or with
HarvardNet's election under 47 U.S.C. ss. 252(i): (1) to petition the
Commission, other administrative body or court for reconsideration or reversal
of any determination made by such body or court or (2) to seek enforcement or
review of this Agreement or the Separate Agreement.
3
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 24th day of February, 1999.
HARVARDNET, INC. XXXX ATLANTIC-MAINE, INC.
By: /s/ Xxxx Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
--------------------------- ---------------------------------
Printed: Xxxx Xxxxxxxx Printed: Xxxxxxx X. Xxxxxxx
---------------------- ----------------------------
Title: Chief Executive Officer Title: Vice-President - Interconnection
------------------------ Services Policy & Planning
------------------------------
4
APPENDIX 1
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of July 17, 1997
by and between
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY
and
NEW ENGLAND FIBER COMMUNICATIONS, L.L.C.
FOR MAINE
TABLE OF CONTENTS
Section Page
1.0 DEFINITIONS 1
2.0 INTERPRETATION AND CONSTRUCTION 7
3.0 SCOPE 7
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2) 7
4.1 Scope 7
4.2 Physical Architecture 8
4.3 Initial Interim Architecture 8
4.4 Technical Specifications 8
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC
PURSUANT TO SECTION 251(c)(2) 9
5.1 Scope of Traffic 9
5.2 Switching System Hierarchy 9
5.3 Trunk Group Architecture and Traffic Routing 10
5.4 Signaling 11
5.5 Grades of Service 11
5.6 Measurement and Billing 11
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5) 12
5.8 Municipal Calling Service 13
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO
SECTION 251(c)(2) 13
6.1 Scope of Traffic 13
6.2 Trunk Group Architecture and Traffic Routing 13
6.3 Meet-Point Billing Arrangements 14
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC 14
7.1 Information Services Traffic 14
7.2 Tandem Transit Service 15
7.3 Dedicated Transit Service 16
7.4 911/E911 Arrangements 17
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; INSTALLATION,
MAINTENANCE, TESTING AND REPAIR 18
8.1 Joint Network Configuration and Grooming Plan 18
8.2 Installation, Maintenance, Testing and Repair 18
8.3 Network Reliability Council
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3) 18
9.1 Local Link Transmission Types 18
9.2 ADSL and HDSL 19
9.3 Port Types 20
9.4 Private Lines and Special Access 20
9.5 Limitations on Unbundled Access 21
9.6 Availability of Other Network Elements on an Unbundled Basis 22
9.7 Provisioning of Unbundled Links 22
9.8 Maintenance of Unbundled Network Elements 24
9.9 True-up of Monthly Unbundled Link Charges for Maine 24
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1) 26
10.1 Availability of Wholesale Rates for Resale 26
10.2 Availability of Retail Rates for Resale 26
10.3 Term and Volume Discounts 26
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5) 26
12.0 COLLOCATION -- SECTION 251(c)(6) 26
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2) 27
13.1 Scope 27
13.2 Procedures for Providing INP Through Remote Call Forwarding 27
13.3 Procedures for Providing INP Through Route Indexing 28
13.4 Procedures for Providing INP Through Full NXX Code Migration 28
13.5 Receipt of Terminating Compensation on Traffic to INP'ed
Numbers 29
13.6 True-up of Monthly INP Costs 30
14.0 NUMBER RESOURCE ASSIGNMENTS 30
15.0 DIALING PARITY -- SECTION 251(b)(3) 30
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4) 30
17.0 DATABASES AND SIGNALING 31
18.0 REFERRAL ANNOUNCEMENT 31
19.0 DIRECTORY SERVICES ARRANGEMENTS 31
19.1 Directory Listings and Directory Distributions 31
19.2 Directory Assistance (DA) and Operator Services 32
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES 34
21.0 TERM AND TERMINATION 36
2
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 37
23.0 CANCELLATION CHARGES 37
24.0 NON-SEVERABILITY 37
25.0 INDEMNIFICATION 37
26.0 LIMITATION OF LIABILITY 38
27.0 PERFORMANCE STANDARDS AND REPORTING REQUIREMENTS 39
27.1 Performance Standards 39
27.2 Reporting Requirements 39
28.0 REGULATORY APPROVAL 40
29.0 MISCELLANEOUS 40
29.1 Authorization 40
29.2 Compliance 41
29.3 Compliance with the Communications Law Enforcement Act of
1994 41
29.4 Independent Contractor 41
29.5 Force Majeure 41
29.6 Confidentiality 41
29.7 Governing Law 42
29.8 Taxes 43
29.9 Non-Assignment 43
29.10 Non-Waiver 43
29.11 Disputed Amounts 43
29.12 Notices 44
29.13 Publicity and Use of Trademarks or Service Marks 45
29.14 Section 252(i) Obligations 45
29.15 Joint Work Product 45
29.16 No Third Party Beneficiaries; Disclaimer of Agency 45
29.17 No License 45
29.18 Technology Upgrades 46
29.19 Alternate Dispute Resolution 46
29.20 Survival 46
29.21 Scope of Agreement 46
29.22 Entire Agreement 46
29.23 Power and Authority
3
LIST OF SCHEDULES AND EXHIBIT
Schedules
Schedule 1.0 Certain Terms As Defined in the Act
Schedule 4.0 Network Interconnection Schedule
Schedule 8.2 NYNEX Intervals for Installation
Schedule 27.1 NYNEX Performance Standards
Schedule 27.1(A) NEFC Service Quality Criteria
Schedule 27.2 Performance Measurement Reports
Pricing Schedule
Exhibit
Exhibit A Network Element Bona Fide Request
4
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is effective as of the 6th day of
June, 1997 (the "Effective Date"), by and between New England Fiber
Communications L.L.C. ("NEFC") a Delaware limited liability company with offices
at Xxx Xxxx Xxxxxx, Xxxxxx Xxxxx, Xxxxxxxx, Xxxxx 00000 and New England
Telephone and Telegraph Company d/b/a NYNEX ("NYNEX" or "NET"), a New York
corporation with offices at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxx. 00000.
WHEREAS the Parties want to interconnect their networks at mutually agreed
upon points of Interconnection to provide Telephone Exchange Services (as
defined below) and Exchange Access (as defined below) to their respective
Customers; and
WHEREAS the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Act (as defined below) and additional services as set forth
herein;
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, NEFC and NYNEX hereby agree as follows:
1.0 DEFINITIONS
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1.0. For convenience of reference only, the
definitions of certain terms that are As Defined in the Act (as defined below)
are set forth on Schedule 1.0. Schedule 1.0 sets forth the definitions of such
terms as of the date specified on such Schedule and neither Schedule 1.0 nor any
revision, amendment or supplement thereof intended to reflect any revised or
subsequent interpretation of any term that is set forth in the Act is intended
to be a part of or to affect the meaning or interpretation of this Agreement.
1.1 "Act" means the Communications Act of 1934 (47 U.S.C. ss. 151, et
seq.), as amended by the Telecommunications Act of 1996, and as from time to
time interpreted in the duly authorized rules and regulations of the FCC or a
state regulatory agency within its state of jurisdiction.
1.2 "ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission
technology which transmits an asymmetrical digital signal using one of a variety
of line codes as specified in ANSI standards T1.413-1995-007R2.
1.3 "Affiliate" is As Defined in the Act.
1.4 "Agreement for Switched Access Meet Point Billing" means the Agreement
for Switched Access Meet Point Billing between the Parties as amended.
1.5 "As Defined in the Act" means as specifically defined by the Act and
as from time to time interpreted in the duly authorized rules and regulations of
the FCC or the PUC.
1.6 "As Described in the Act" means as described in or required by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the PUC.
1.7 "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter which refers to the number transmitted through a network
identifying the billing number of the calling party.
1.8 "Busy Line Verification/Busy Line Verification Interrupt Traffic" or
"BLV/BLVI Traffic" means an operator service call in which the caller inquires
as to the busy status of or requests an interruption of a call on another
Customer's Telephone Exchange Service line.
1.9 "Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling party.
1.10 "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer
station Links for the purpose of interconnection to each other and to
trunks; and
(b) "Tandem Office Switches" ("Tandems") which are used to connect
and switch trunk circuits between and among other Central Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
1.11 "CCS" means one hundred (100) call seconds.
1.12 "CLASS Features" means certain CCIS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification; Call Return and future CCIS-based offerings.
1.13 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment necessary for
2
Interconnection or for access to Network Elements on an unbundled basis which
has been installed and maintained at the premises of a second Party (the
"Housing Party"). For purposes of Collocation, the "premises" of a Housing Party
is limited to the occupied structure or portion thereof in which such Housing
Party has the exclusive right of occupancy. Collocation will be "physical,"
unless physical collocation is not practical for technical reasons or because of
space/limitations, in which case virtual collocation will be provided, subject
to PUC approval. In "Physical Collocation," the Collocating Party installs and
maintains its own equipment in the Housing Party's premises.
1.14 Commission means the Maine Public Utilities Commission ("PUC").
1.15 "Customer" means a third-party residence or business that subscribes
to Telecommunications Services provided by either of the Parties.
1.16 "Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
1.17 "Cross Connection" means a connection provided pursuant to
Collocation at the Digital Signal Cross Connect, Main Distribution Frame or
other suitable frame or panel between (i) the Collocating Party's equipment and
(ii) the equipment or facilities of the Housing Party.
1.18 "Dialing Parity" is As Defined in the Act. As used in this Agreement,
Dialing Parity refers to both Local Dialing Parity and Toll Dialing Parity.
"Local Dialing Parity" means the ability of Telephone Exchange Service Customers
of one LEC to select a provider and make local calls without dialing extra
digits. "Toll Dialing Parity" means the ability of Telephone Exchange Service
Customers of a LEC to place toll calls (inter or intraLATA) which are routed to
a toll carrier (intraLATA or interLATA) of their selection without dialing
access codes or additional digits and with no unreasonable dialing delay.
1.19 "Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
1.21 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
3
1.22 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level
in the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined as the third level of
multiplexing.
1.23 "Direct Customer Access Service" or "DCAS" is an electronic interface
system provided by NYNEX to facilitate the ordering, provisioning and
maintenance of various interconnection arrangements.
1.24 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. The EMR
format is contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message
Record.
1.25 "Exchange Access" is As Defined in the Act.
1.26 "FCC" means the Federal Communications Commission.
1.27 "Fiber-Meet" means an Interconnection architecture method whereby the
Parties physically Interconnect their networks via an optical fiber interface
(as opposed to an electrical interface) at a mutually agreed upon location.
1.28 "High-Bit Rate Digital Subscriber Line" or "HDSL" means a
transmission technology which transmits up to a DS1-level signal, using any one
of the following line codes: 2 Binary / 1 Quartenary ("2B1Q"), Carrierless
AM/PM, Discrete Multitone ("DMT"), or 3 Binary / 1 Octel ("3BO").
1.28a "Information Service" is As Defined in the Act.
1.29 "Information Service Traffic" means Local Traffic or IntraLATA Toll
Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform.
1.30 "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch, at a DS1 level, twenty-four (24)
Local Link Transmission paths combined into a 1.544 Mbps digital signal.
1.31 "Interconnection" is As Described in the Act and refers to the
connection of a network, equipment, or facilities, of one carrier with the
network, equipment, or facilities of another for the purpose of transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic.
1.32 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
4
1.33 "Interim Telecommunications Number Portability" or "INP" is As
Described in the Act.
1.34 "InterLATA Service" is As Defined in the Act.
1.35 "Integrated Services Digital Network" or "ISDN" means a switched
network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN
(BRI-ISDN) provides for a digital transmission of two 64 Kbps bearer channels
and one 16 Kbps data channel (2B+D).
1.36 "IntraLATA Toll Traffic" means those intraLATA station calls that are
not defined as Local Traffic in this Agreement.
1.37 "Local Access and Transport Area" or "LATA" is As Defined in the Act.
1.38 "Local Traffic" means a call which is originated and terminated
within a local service area as defined in P.U.C. - Me Tariff Xx.00, Xxxx X ,
Xxxxxxx 0 . XxxxxXXXX calls originated on a 1+ presubscription basis when
available or a casual dialed (10XXX/101XXXX) basis are not considered local
traffic.
1.39 "Local Exchange Carrier" or "LEC" is As Defined in the Act.
1.40 "Local Link Transmission" or "Link" means the entire transmission
path which extends from the network interface/demarcation point at a Customer's
premises to the Main Distribution Frame or other designated frame or panel in a
Party's Wire Center which serves the Customer. Links are defined by the
electrical interface rather than the type of facility used.
1.41 "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
1.42 "Main Distribution Frame" or "MDF" means the distribution frame of
the Party providing the Link used to interconnect cable pairs and line and trunk
equipment terminals on a switching system.
1.43 "Meet-Point Billing" means the process whereby each Party bills the
appropriate tariffed rate for its portion of a jointly provided Switched
Exchange Access Service as agreed to in the Agreement for Switched Access Meet
Point Billing.
1.44 "Municipal Calling Service" is a calling service arrangement provided
on a non-optional basis to Customers in municipalities served by more than one
exchange or locality where toll charges would normally apply. Calls between
exchanges or localities serving the same municipality are not chargeable as toll
except for calls originating from
5
coin (public and semi-public) telephones, terminating at public telephones, or
made to or from foreign exchange lines unless dial tone for the foreign exchange
line is provided from a central office serving some portion of the municipality
in which the foreign exchange line service address is located.
1.45 "Network Element" is As Defined in the Act.
1.46 "Network Element Bona Fide Request" means the process described in
Exhibit A that prescribes the terms and conditions relating to a Party's request
that the other Party provide a Network Element not otherwise provided by the
terms of this Agreement.
1.47 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States, Canada, Bermuda, Puerto Rico and certain Caribbean
Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA
code (commonly referred to as the area code), followed by a 3-digit NXX code and
4-digit line number.
1.48 "Number Portability" is As Defined in the Act.
1.49 "NXX" means the three-digit code which appears as the first three
digits of a seven digit telephone number.
1.50 "Party" means either NYNEX or NEFC, and "Parties" means NYNEX and
NEFC.
1.51 "Port" means a termination on a Central Office Switch that permits
Customers to send or receive Telecommunications over the public switched
network, but does not include switch features or switching functionality.
1.52 "POT Bay" or "Point of Termination Bay" means the intermediate
distributing frame system which serves as the point of demarcation for
collocated interconnection.
1.53 "Rate Center" means the specific geographic point which has been
designated by a given LEC as being associated with a particular NPA-NXX code
which has been assigned to the LEC for its provision of Telephone Exchange
Service. The Rate Center is the finite geographic point identified by a specific
V&H coordinate, which is used by that LEC to measure, for billing purposes,
distance sensitive transmission services associated with the specific Rate
Center. Rate Centers will be identical for each Party until such time as NEFC
establishes its own Rate Centers within an area.
1.54 "Reciprocal Compensation" is As Described in the Act.
6
1.55 "Route Indexing" means the provision of Interim Number Portability
through the use of direct trunks provisioned between End Offices of NYNEX and
NEFC over which inbound traffic to a ported number will be routed.
1.56 "Routing Point" means a location which a LEC has designated on its
own network as the homing (routing) point for inbound traffic to one or more of
its NPA-NXX codes. The Routing Point is also used to calculate mileage
measurements for the distance-sensitive transport element charges of Switched
Exchange Access Services. Pursuant to Xxxx Communications Research, Inc.
("Bellcore") Practice BR 000-000-000 (the "Bellcore Practice"), the Routing
Point (referred to as the "Rating Point" in such Bellcore Practice) may be an
End Office Switch location or a "LEC Consortium Point of Interconnection."
Pursuant to such Bellcore Practice, each "LEC Consortium Point of
Interconnection" shall be designated by a common language location identifier
(CLLI) code with (x)KD in positions 9, 10, 11, where (x) may be any alphanumeric
A-Z or 0-9. The Routing Point must be located within the LATA in which the
corresponding NPA-NXX is located. However, Routing Points associated with each
NPA-NXX need not be the same as the corresponding Rate Center, nor must there be
a unique and separate Routing Point corresponding to each unique and separate
Rate Center; provided only that the Routing Point associated with a given
NPA-NXX must be located in the same LATA as the Rate Center associated with the
NPA-NXX.
1.57 "Service Control Point" or "SCP" means a component of the signaling
network that acts as a database to provide information to another component of
the signaling network (i.e., Service Switching Point or another SCP) for
processing or routing certain types of network calls. A query/response mechanism
is typically used in communicating with an SCP.
1.58 "Signaling Transfer Point" or "STP" means a component of the
signaling network that performs message routing functions and provides
information for the routing of messages between signaling network components. An
STP transmits, receives and processes CCIS messages.
1.59 "Switched Exchange Access Service" means the offering of transmission
or switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange Access
Services include: Feature Group A, Feature Group B, Feature Group D, 800/888
access, and 900 access and their successors or similar Switched Exchange Access
services.
1.60 "Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base transmission rate is 51.84 Mbps (OC-1/STS-1) and higher rates
are direct multiples of the base rate.
1.61 "Technically Feasible Point" is As Described in the Act.
7
1.62 "Telecommunications" is As Defined in the Act.
1.63 "Telecommunications Act" means the Telecommunications Act of 1996 and
any rules and regulations promulgated thereunder.
1.64 "Telecommunications Carrier" is As Defined in the Act.
1.65 "Telecommunications Service" is As Defined in the Act.
1.66 "Telephone Exchange Service" is As Defined in the Act.
1.67 "Telephone Toll Service" is As Defined in the Act.
1.68 "Wire Center" means an occupied structure or portion thereof in which
a Party has the exclusive right of occupancy and which serves as a Routing Point
for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION
All references to Sections, Exhibits and Schedules shall be deemed to be
references to Sections of, and Exhibits and Schedules to, this Agreement unless
the context shall otherwise require. The headings of the Sections and the terms
defined in Schedule 1.0 are inserted for convenience of reference only and are
not intended to be a part of or to affect the meaning of this Agreement. Unless
the context shall otherwise require, any reference to any agreement, other
instrument (including NYNEX or other third party offerings, guides or
practices), statute, regulation, rule or tariff is to such agreement,
instrument, statute, regulation, rule or tariff as amended and supplemented from
time to time (and, in the case of a statute, regulation, rule or tariff, to any
successor provision).
3.0 SCOPE
This Agreement sets forth the terms and conditions under which NEFC and
NYNEX will interconnect their respective networks to enable NEFC to provide
Telecommunications Services consistent with the rights and obligations set forth
in Section 251 of the Act.
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
Subject to the terms and conditions of this Agreement, Interconnection of
the Parties' facilities and equipment pursuant to Section 4.0 for the
transmission and routing of Telephone Exchange Service traffic and Exchange
Access traffic shall be established on or before the corresponding
"Interconnection Activation Date" shown for the State of Maine on Schedule 4.0.
Schedule 4.0 may be revised and supplemented from time to time upon the mutual
agreement of the Parties. Interconnection in the LATA shall be
8
accomplished through either (i) a Fiber-Meet as provided in Section 4.2, (ii)
Collocation as provided in Section 12.0, (iii) any other Interconnection method
provided by applicable tariff, law, rule or regulation, or (iv) any other
Interconnection method to which the Parties may agree.
4.1 Scope
Section 4.0 describes the physical architecture for Interconnection of the
Parties' facilities and equipment for the transmission and routing of Local
Traffic and IntraLATA toll traffic pursuant to Section 251(c)(2) of the Act.
Sections 5.0 and 6.0 prescribe the specific logical trunk groups (and traffic
routing parameters) which will be configured over the physical connections
described in this Section 4.0 related to the transmission and routing of
Telephone Exchange Service Traffic and Exchange Access traffic, respectively.
Other trunk groups, as described in this Agreement, may be configured using this
architecture.
4.2 Physical Architecture
For LATA 120 identified on Schedule 4.0, NEFC and NYNEX shall jointly
engineer and operate a diverse Synchronous Optical Network ("SONET")
transmission system by which they shall interconnect their networks pursuant to
the joint network configuration and grooming plan ("Joint Grooming Plan")
specified in Section 8.1, and according to the following minimum specifications:
4.2.1 The Parties shall establish physical Interconnection points at
the locations designated in Schedule 4.0. Interconnection points on NEFC's
network shall be designated as NEFC Interconnection Points ("B-IP");
Interconnection points on the NYNEX network shall be designated as NYNEX
Interconnection Points ("N-IP"). The Parties may by mutual agreement establish
additional Interconnection points at any Technically Feasible Point consistent
with Act.
4.2.2 Unless otherwise mutually agreed, the SONET transmission
system in the LATA shall be pursuant to the Joint Grooming Plan. Each Party
shall be responsible for procuring, installing and maintaining the agreed-upon
Optical Line Terminating Multiplexor ("OLTM") equipment, fiber optic facilities
and other equipment as agreed pursuant to the Joint Grooming Plan.
4.2.3 Unless otherwise mutually agreed, the physical interface of
NEFC's and NYNEX's facilities necessary to effect the SONET transmission system
shall be at the optical level via a Fiber-Meet or other comparable means.
4.3 Initial Interim Architecture
4.3.1 The Parties agree to allow interim alternatives to the
architecture described in Section 4.2, utilizing electrical hand-offs, provided
the Parties mutually
9
develop and agree on a plan to fully transition to an arrangement reflective of
Section 4.2 in that LATA within one hundred and eighty (180) days following the
Interconnection Activation Date listed for that LATA in Schedule 4.0.
4.4 Technical Specifications
4.4.1 NEFC and NYNEX shall work cooperatively to install and
maintain a reliable network. NEFC and NYNEX shall exchange appropriate
information (e.g., maintenance contact numbers, network information, information
required to comply with law enforcement and other security agencies of the
Government and such other information as the Parties shall mutually agree) to
achieve this desired reliability.
4.4.2 NEFC and NYNEX shall work cooperatively to apply sound network
management principles by invoking network management controls to alleviate or to
prevent congestion.
4.4.3 The publication "Bellcore Technical Publication GR-342-CORE;
High Capacity Digital Special Access Service, Transmission Parameter Limits and
Interface Combinations" describes the practices, procedures, specifications and
interfaces generally utilized by NYNEX and is referenced herein to assist the
Parties in meeting their respective Interconnection responsibilities related to
electrical/optical interfaces.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT TO
SECTION 251(c)(2)
5.1 Scope of Traffic
Section 5.0 prescribes parameters for trunk groups (the "Traffic Exchange
Trunks") to be effected over the Interconnections specified in Section 4.0 for
the transmission and routing of Local Traffic and IntraLATA Toll Traffic between
the Parties' respective Telephone Exchange Service Customers and where such
traffic is not presubscribed for carriage by a third party carrier nor carried
by a third party carrier as casual dialed (10XXX and 101XXXX) traffic.
5.2 Switching System Hierarchy
5.2.1 For purposes of this Section 5.0, each of the following
Central Office Switches shall be designated as a "Primary Switch":
(a) Each Access Tandem NYNEX operates in the LATA;
(b) The initial switch NEFC employs to provide Telephone Exchange
Service in the LATA;
10
(c) Any Access Tandem NEFC may establish for provision of Exchange
Access in the LATA;
(d) Any additional switch NEFC may subsequently employ to provide
Telephone Exchange Service in the LATA which NEFC may at its
sole option designate as a Primary Switch; provided that the
total number of NEFC Primary Switches for a LATA may not
exceed the total number of NYNEX Primary Switches for that
LATA. To the extent NEFC chooses to designate any additional
switch as a Primary Switch, it shall provide notice to NYNEX
of such designation at least ninety (90) days in advance of
the date on which NEFC activates such switch as a Primary
Switch; and
(e) Any additional tandem switch NYNEX may subsequently employ to
provide access and/or sector traffic capacity within a LATA.
Traffic destined to sub-tending Secondary Switches routed via
such a tandem(s) would be determined by network requirements
and notice made available to all LECs at least one
hundred-eighty (180) days prior to service introduction.
5.2.2 Each Central Office Switch operated by the Parties which is
not designated as a Primary Switch pursuant to Section 5.2.1 shall be designated
as a "Secondary Switch".
5.2.3 For purposes of NEFC routing traffic to NYNEX, sub-tending
arrangements between NYNEX Primary Switches and NYNEX Secondary Switches shall
be the same as the Access Tandem/End Office sub-tending arrangements which NYNEX
maintains for those switches. For purposes of NYNEX routing traffic to NEFC,
subtending arrangements between NEFC Primary Switches and NEFC Secondary
Switches shall be the same as the Access Tandem/End Office sub-tending
arrangements which NEFC maintains for those switches.
5.3 Trunk Group Architecture and Traffic Routing
The Parties shall jointly engineer and configure Traffic Exchange Trunks
over the physical Interconnection arrangements for the transport and termination
of Telephone Exchange Service Traffic, as follows:
5.3.1 The Parties shall initially configure a separate two-way trunk
group, and operate as one-way or two-way as mutually agreed to by both Parties,
as a direct transmission path between each NEFC Primary Switch and each NYNEX
Primary Switch.
5.3.2 Notwithstanding anything to the contrary in this Section 5.0,
if the two- way traffic volumes between any two Central Office Switches (whether
Primary-
11
Primary, Primary-Secondary or Secondary-Secondary) at any time exceeds the CCS
busy hour equivalent of one DS-1, the Parties shall within sixty (60) days after
such occurrence add trunks or establish new direct trunk groups consistent with
the grades of service and quality parameters set forth in the Joint Grooming
Plan addressed in Section 8.0.
5.3.3 NYNEX and NEFC will allow each other to route their intrastate
and interstate switched access service traffic over the Traffic Exchange Trunk
Groups, pursuant to the rates, terms and conditions specified in each Party's
effective intrastate and interstate access tariffs or at generally available and
prevailing rates, terms and conditions.
5.4 Signaling
5.4.1 Where available, CCIS signaling shall be used by the Parties
to set up calls between the Parties' Telephone Exchange Service networks. If
CCIS signaling is unavailable, MF (Multi-Frequency) signaling shall be used by
the Parties. In the interim, each Party shall charge the other Party equal and
reciprocal rates for CCIS signaling in accordance with applicable tariffs. In
the event NEFC does not have an effective tariff rate, it shall charge NYNEX at
the tariffed NYNEX rate. During the term of this Agreement neither Party shall
charge the other Party additional usage-sensitive rates for SS7 queries (TCAP
and ISUP) made for Local Traffic interchanged between the Parties.
5.4.2 The publication "Bellcore Special Report SR-TSV-002275, BOC
Notes on the LEC Networks - Signaling" describes the practices, procedures and
specifications generally utilized by NYNEX for signaling purposes and is
referenced herein to assist the Parties in meeting their respective
Interconnection responsibilities related to signaling.
5.4.3 The Parties will cooperate on the exchange of Transactional
Capabilities Application Part ("TCAP") messages to facilitate interoperability
of CCIS-based features between their respective networks, including all CLASS
features and functions, to the extent each Party offers such features and
functions to its Customers. All CCIS signaling parameters will be provided
including, calling party number ("CPN"), originating line information ("OLI"),
calling party category and charge number.
5.4.4 Upon request, each Party shall provide trunk groups where
available that are configured utilizing the B8ZS ESF protocol for 64 Kbps clear
channel transmission to allow for ISDN interoperability between the Parties'
respective networks.
5.5 Grades of Service
The Parties shall initially engineer and shall jointly monitor and enhance
all trunk groups consistent with the Joint Grooming Plan.
12
5.6 Measurement and Billing
5.6.1 For billing purposes, each Party shall pass calling party
number information on each call carried over the Local/IntraLATA Trunks;
provided that so long as the percentage of calls passed with CPN is greater than
ninety percent (90%), all calls exchanged without CPN information shall be
billed as either Local Traffic or IntraLATA Toll Traffic in direct proportion to
the minutes of use of calls exchanged with CPN information.
5.6.2 Measurement of billing minutes (except for originating 800/888
calls) shall be in actual conversation seconds. Measurement of billing minutes
for originating 800/888 calls shall be in accordance with applicable tariffs.
5.6.3 Where CPN is not available in a LATA for greater than ten
percent (10%) of the traffic, the party sending the traffic shall provide
factors to determine the jurisdiction, as well as local vs. toll distinction, of
the traffic. Such factors shall be supported by call record details that will be
made available for review upon request. Where parties are passing CPN but the
receiving party is not properly receiving or recording the information, the
Parties shall cooperatively work to correctly identify the traffic, and
establish a mutually agreeable mechanism that will prevent improperly rated
traffic. Notwithstanding this, if any improperly rated traffic occurs, the
Parties agree to reconcile it.
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5).
5.7.1 Reciprocal Compensation only applies to the transport and
termination of Local Traffic billable by NYNEX or NEFC which a Telephone
Exchange Service Customer originates on NYNEX's or NEFC's network for
termination on the other Party's network except as provided in Section 5.7.6
below.
5.7.2 The Parties shall compensate each other for transport and
termination of Local Traffic in an equal and symmetrical manner at the rate
provided in the Pricing Schedule. This rate is to be applied at the B-IP for
traffic delivered by NYNEX, and at the N-IP for traffic delivered by NEFC. No
additional charges, including Port or transport charges, shall apply for the
termination of Local Traffic delivered to the B-IP or the N-IP. When Local
Traffic is terminated over the same trunks as IntraLATA or InterLATA toll, any
Port or transport or other applicable access charges related to the toll traffic
shall be prorated to be applied only to the toll traffic.
5.7.3 The Reciprocal Compensation arrangements set forth in this
Agreement are not applicable to Switched Exchange Access Service or to any other
IntraLATA calls originated on a third Party carrier's network on a 1+
presubscribed basis or a casual dialed (10XXX or 101XXX) basis. All Switched
Exchange Access Service and all IntraLATA Toll Traffic shall continue to be
governed by the terms and conditions of the applicable federal and state
tariffs.
13
5.7.4 Each Party shall charge the other Party its effective
applicable tariffed IntraLATA switched access rates for the transport and
termination of all IntraLATA Toll Traffic.
5.7.5 The Parties agree to interconnect their respective frame relay
networks where facilities are available. Each Party will charge the other the
rates specified in the Pricing Schedule for Network-to-Network Interfaces
("NNI") in those instances where the Parties are interconnecting for the
purposes of terminating Telephone Exchange Service Traffic. NYNEX will charge
NEFC the same rates charged to other similarly situated local exchange carriers
for frame relay-to-frame relay network.
5.7.6 The rates for termination of Local Traffic are set forth in
the Pricing Schedule which is incorporated by reference herein.
5.7.7 Compensation for transport and termination of all traffic
which has been subject to performance of INP by one Party for the other Party
pursuant to Section 13.0 shall be as specified in Section 13.6.
5.7.8 When either Party delivers seven (7) or ten (10) digit
translated IntraLATA 800/888 service to the other Party for termination, the
originating party shall provide the terminating Party with billing records in
industry standard format (EMR) if required by the terminating Party. The
originating Party may xxxx the terminating Party for the delivery of the traffic
at local Reciprocal Compensation rates. The terminating Party may not xxxx the
originating Party Reciprocal Compensation under this Agreement. The Party that
is providing the 800/888 service shall pay the database inquiry charge per the
Pricing Schedule to the Party that performed the database inquiry.
5.8 Municipal Calling Service
The Parties shall work cooperatively to facilitate each Party's public
service obligations as required by the PUC to provide its end user customers
with toll free Municipal Calling Service ("MCS"). Such cooperation shall include
the sharing of certain account and toll free municipal ("TFM") codes on a daily
or other mutually agreeable basis and working with other industry participants
to satisfactorily resolve MCS related measurement and billing issues associated
with implementation of IntraLATA presubscription.
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO SECTION
251(c)(2)
6.1 Scope of Traffic
Section 6.0 prescribes parameters for certain trunk groups ("Access Toll
Connecting Trunks") to be established over the Interconnections specified in
Section 4.0
14
for the transmission and routing of Exchange Access traffic between NEFC's
Telephone Exchange Service Customers and Interexchange Carriers ("IXCs").
6.2 Trunk Group Architecture and Traffic Routing
6.2.1 The Parties shall jointly establish Access Toll Connecting
Trunks by which they will jointly provide tandem-transported Switched Exchange
Access Services to Interexchange Carriers to enable such Interexchange Carriers
to originate and terminate traffic from/to NEFC's Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow NEFC's Customers to connect
to or be connected to the interexchange trunks of any Interexchange Carrier
which is connected to an NYNEX Access Tandem.
6.2.3 The Access Toll Connecting Trunks shall be two-way trunks, and
operated as one-way or two-way as mutually agreed to by both Parties, connecting
an End Office Switch NEFC utilizes to provide Telephone Exchange Service and
Switched Exchange Access in a given LATA to an Access Tandem Switch NYNEX
utilizes to provide Exchange Access in such LATA.
6.3 Meet-Point Billing Arrangements
6.3.1 Meet-Point Billing arrangements between the Parties for
jointly-provided Switched Exchange Access Services on Access Toll Connecting
Trunks will be governed by the terms and conditions of a mutually agreeable
arrangement, in accordance with Ordering and Billing Forum Guidelines, which the
Parties will cooperatively work to develop.
6.3.2 Until and unless changed by the FCC on a going forward basis,
NEFC shall retain one hundred percent (100%) of the Residual Interconnection
Charge in instances in which NEFC provides the End Office switching.
6.3.3 For Meet-Point billing, NEFC's End Office switch (i.e.,
Routing Point) shall subtend the NYNEX Access Tandem nearest to such Routing
Point, as measured in airline miles utilizing the V&H coordinate method.
Alternative configurations will be discussed as part of the Joint Grooming Plan
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Services Traffic
The Parties agree that NEFC may elect when technically feasible either a
bundled or an unbundled billing arrangement applicable either to Mass Service
Announcements or applicable to variable rated information services.
15
7.1.1 Bundled IP Billing Arrangement:
7.1.1.1 Routing and Provisioning
Each Party shall route Information Service Traffic which originates on its
own network to the appropriate information services platform(s) connected to the
other Party's network. Where the NEFC uses its own network facilities, the NEFC
will establish a direct trunk group to the NYNEX information services tandem
switch. This trunk group will be utilized to allow the NEFC to route Information
Service Traffic originated on its network to NYNEX. Where NYNEX routing plans
permit a combination of POTS and IP traffic on such direct trunk groups, the
NEFC may route a combination of POTS and IP traffic without establishing a
separate direct trunk group exclusively for IP data. However, where NYNEX
requires direct trunks dedicated to IP traffic, the NEFC must establish direct,
dedicated trunking for its IP traffic. Such determinations will be at the sole
discretion of NYNEX, on a par with its established routing requirements in each
LATA, and are subject to change.
Where NEFC utilizes the NYNEX network through the purchase of unbundled network
elements, Information Service Traffic may be routed over NYNEX information
service trunks on a shared basis.
7.1.1.2 Information Mass Announcement Services
a) For Information Mass Announcement Service, the Party
('Originating Party') on whose network the Information Services Traffic
originated shall xxxx and collect such Information Provider charges and remit an
amount equal to such charges to the Party ('Terminating Party') to whose
information platform the Information Service Traffic terminated less the
Information Service Billing and Collection fee set forth in the Pricing
Schedule. The Terminating Party may xxxx the Originating Party for such charges.
The Originating Party shall pay the Terminating party in full regardless of
uncollectible items. This shall apply whether the originating party uses its own
network or utilizes the other party's network through the purchase of unbundled
network elements.
b) Upon written request, the Party (Originating Party) on whose
network the Information Service Traffic originated shall provide via electronic
file transfer or magnetic tape or other means as available all recorded call
detail information to the Party (Terminating Party) to whose information
platform the Information Service Traffic terminated, at the standard price for
record transmission. This data shall be in unrated EMR format per OBF/Bellcore
guidelines.
7.1.1.3 Variable Rated Information Services
a) The Party (Originating Party) on whose network the Information
Service Traffic originated shall provide via electronic file transfer or
magnetic tape or
16
other means as available all recorded call detail information to the Party
(Terminating Party) to whose information platform the Information Service
Traffic terminated, at the standard price for record transmission. This data
shall be in unrated EMR format per OBF/Bellcore guidelines. This shall apply
whether the originating party uses its own network or utilizes the other party's
network through the purchase of unbundled network elements.
b) The Terminating Party shall provide to the Originating Party via
electronic file transfer or magnetic tape or other means as available all
necessary information to xxxx the Information Service Traffic to the Originating
Party's Customers pursuant to the Terminating Party's agreements with each
Information Provider, at the standard price for record transmission. Information
shall be provided in as timely a fashion as practical in order to facilitate
record review and reflect actual prices set by the individual Information
Providers. This data will consist of the EMR records previously delivered by the
Originating Party, returned to the Originating Party in rated format where
possible, or with appropriate indicators populated on error messages. No Billing
and Collection fees will be applied to error messages. No taxes will be
calculated or paid on the Originating Party's traffic.
c) The Originating Party shall xxxx and collect such Information
Provider charges and remit the amounts collected to the Terminating Party less:
(1) The Information Services Billing and Collection fees set
forth on the Pricing Schedule; and
(2) Customer adjustments provided by the Originating Party.
Adjustments are made for subscriber-priced traffic only.
d) The Terminating Party shall calculate these charges and xxxx them
to the Originating Party for remittance.
e) The Originating Party shall provide to the Terminating Party
sufficient information regarding uncollectibles and customer adjustments. The
Terminating Party shall pass through the adjustments to the Information
Provider. However, if the Information Provider disputes such adjustments and
refuses to accept such adjustments, the Originating Party shall reimburse the
Terminating Party for all such disputed adjustments. Final resolution regarding
all disputed adjustments shall be solely between the Originating Party and the
Information Provider.
7.1.1.4 Blocking
Nothing in this Agreement shall restrict either Party from offering
to its Exchange Service Customers the ability to block the completion of
Information Service Traffic, whether Information Mass Announcement Services or
Variable Rated Information Services.
17
7.1.1.5 Billing and Usage Specifications
The Parties shall adopt an Information Provider Usage and Billing
Specification Agreement prior to implementation of this billing arrangement.
With the mutual consent of both Parties, the Information Provider Usage and
Billing Specification Agreement may be modified in the future.
7.1.2 Unbundled IP Billing Arrangement:
This section describes a cooperative billing arrangement to support
Interconnection to network services for recorded information programs. These are
`pay-per-call' audiotex programs in which a vendor contracts with the local
exchange carrier to provide recorded announcement information or open discussion
programs to the general public. In specific LATA's in the NYNEX region, NYNEX
reserves exchanges 976, 550, 540, 970 and 940 for its Information Services
Provider customers offering the services addressed in the following paragraphs:
7.1.2.1 Routing and Provisioning
Each Party shall route Information Service Traffic which originates
on its own network to the appropriate information services platform(s) connected
to the other Party's network. Where the NEFC uses its own network facilities,
the NEFC will establish a direct trunk group to the NYNEX information services
tandem switch. This trunk group will be utilized to allow the NEFC to route
Information Service Traffic originated on its network to NYNEX. Where NYNEX
routing plans permit a combination of POTS and IP traffic on such direct trunk
groups, the NEFC may route a combination of POTS and IP traffic without
establishing a separate direct trunk group exclusively for IP data. However,
where NYNEX requires direct trunks dedicated to IP traffic, the NEFC must
establish direct, dedicated trunking for its IP traffic. Such determinations
will be at the sole discretion of NYNEX, on a par with its established routing
requirements in each LATA, and are subject to change.
Where NEFC utilizes the NYNEX network through the purchase of unbundled network
elements, Information Service Traffic may be routed over NYNEX information
service trunks on a shared basis.
7.1.2.2 Information Mass Announcement Services
a) For Information Mass Announcement Service, the Party
('Originating Party') on whose network the Information Services Traffic
originated shall xxxx and collect such Information Provider charges and remit an
amount equal to such charges to the Party ('Terminating Party') to whose
information platform the Information Service Traffic terminated less the
Information Service Billing and Collection fee set forth in the Pricing
Schedule. The Terminating Party may xxxx the Originating Party for such charges.
The
18
Originating Party shall pay the Terminating party in full regardless of
uncollectible items. This shall apply whether the originating party uses its own
network or utilizes the other party's network through the purchase of unbundled
network elements.
b) Upon written request, the Party (Originating Party) on whose
network the Information Service Traffic originated shall provide via electronic
file transfer or magnetic tape or other means as available all recorded call
detail information to the Party (Terminating Party) to whose information
platform the Information Service Traffic terminated, at the standard price for
record transmission. This data shall be in unrated EMR format per OBF/Bellcore
guidelines.
7.1.2.3 Variable Rated Information Services
a) The Terminating Party shall charge the originating Party $.03 per
minute of use for transport and switching. These charges shall be calculated by
the Terminating Company and billed to the Originating Company. These charges
shall apply whether the Originating Party uses its own network or utilizes the
other party's network through the purchase of unbundled network elements. End
user customer adjustments shall not apply to these charges.
b) Upon request from the Originating Party, the Terminating Party
shall make available its Rating Service at a charge of $.03 per message plus a
$15,000 non-recurring charge. Under Rating Service, the Originating Party shall
provide to the Terminating Party via electronic file transfer or magnetic tape
or other means as available recorded call detail information in unrated EMR
format per OBF/Bellcore guidelines; the Terminating Party shall rate such calls
placed by the Originating Party's Customers and terminating to Information
Provider services contracted with the Terminating Party, according to the rates
established by such Information Providers. The Terminating Party shall then
return the call records to the Originating Party, in rated format where
possible, or with appropriate indicators populated on error messages. The Rating
Service fee will be applied to all messages. In addition to the charges for
Rating Service, standard charges will be made by the Terminating Party for the
transmission and delivery of such records and files. The Terminating Party will
not xxxx and collect for such rated calls. The Terminating Party will not
calculate or pay taxes for such rated calls.
c) Alternatively, at the originating Party's option, it may purchase
a rating table from the Terminating Party at the rate set forth in the Pricing
Schedule.
d) The Originating Party is responsible for all payments due the
Information Providers to whose programs that Party's Customer places calls, and
other obligations and relationships with such Information Providers.
e) Resolution regarding all customer adjustments shall be solely
between the Originating Party and the Information Provider.
19
7.1.2.4 Blocking
Nothing in this Agreement shall restrict either Party from offering
to its Exchange Service Customers the ability to block the completion of
Information Service Traffic, whether Information Mass Announcement Services or
Variable Rated Information Services.
7.1.2.5 Billing and Usage Specifications
The Parties shall adopt an Information Provider Usage and Billing
Specification Agreement prior to implementation of this billing arrangement.
With the mutual consent of both Parties, the Information Provider Usage and
Billing Specification Agreement may be modified in the future.
7.2 Tandem Transit Service ("Transit Service")
7.2.1 "Transit Service" means the delivery of certain traffic
between NEFC and a LEC by NYNEX over the Local/IntraLATA/InterLATA Trunks. The
following traffic types will be delivered: (i) Local or Intralata Toll Traffic
originated from NEFC to such LEC and (ii) Local Traffic or IntraLATA Toll
Traffic originated from such LEC and terminated to NEFC where NYNEX carries such
traffic.
7.2.2 Subject to Section 7.2.4, the Parties shall compensate each
other for Transit Service as follows:
(a) NEFC shall pay NYNEX for Local Traffic NEFC originated over
the Transit Service at the rate specified in the Pricing
Schedule plus any additional charges or costs such terminating
LEC imposes or levies on NYNEX for the delivery or termination
of such traffic, including any switched access charges;
(b) NYNEX shall pay NEFC for Local, InterLATA, or IntraLATA Toll
Traffic terminated to NEFC from such LEC at the appropriate
Reciprocal Compensation rates described in Section 5.7,
InterLATA access rates, or (where NYNEX delivers such traffic
pursuant to the PUC's primary toll carrier plan or other
similar plan) at NEFC's applicable switched access rates or
local termination rate, whichever is appropriate.
7.2.3 While the Parties agree that it is the responsibility of a LEC
to enter into arrangements to deliver Local Traffic to NEFC, they acknowledge
that such arrangements are not currently in place and an interim arrangement is
necessary to ensure traffic completion. Accordingly, until the earlier of (i)
the date on which either Party has entered into an arrangement with such LEC to
deliver Local Traffic to NEFC or (ii) one-hundred and eighty (180) days after
the Interconnection Activation Date, NYNEX will
20
deliver and NEFC will terminate Local Traffic originated from such LEC without
charge to one another.
7.2.4 NYNEX expects that all networks involved in transit traffic
will deliver each call to each involved network with CCIS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of those services supported by NYNEX as noted in Section 1.12
and billing functions. In all cases, NEFC is responsible to follow the Exchange
Message Record ("EMR") standard and exchange records with both NYNEX and the
terminating LEC to facilitate the billing process to the originating network.
7.2.5 NYNEX agrees that it shall make available to NEFC, at NEFC's
sole option, any Tandem Transit arrangement NYNEX offers to another
Telecommunications Carrier at the same rates, terms, and conditions provided to
such other Telecommunications carrier, at the rates, terms and conditions set
forth in its applicable tariffs, or as provided by law, rule or regulation.
7.3 Dedicated Transit Service
7.3.1 "Dedicated Transit Service" provides for the dedicated
connection between a NEFC Collocation arrangement established pursuant to
applicable tariffs and/or license agreements at a NYNEX premises and a
Collocation arrangement of a third party carrier that maintains a Collocation
arrangement at the same premises. Dedicated Transit Service shall be provided
using a Cross-Connection (dedicated connection) using suitable NYNEX-provided
cable or transmission facilities or any other mutually agreed upon arrangement.
7.3.2 The carrier that requests the Dedicated Transit Service shall
be the customer of record for both ends of the service in terms of ordering,
provisioning, maintenance, and billing. Alternative arrangements may be utilized
if agreed upon by all three Parties.
7.3.3 NYNEX agrees that it shall make available to NEFC, at NEFC's
sole option, any Dedicated Transit arrangement NYNEX offers to another
Telecommunications Carrier at the same rates, terms, and conditions provided to
such other Telecommunications carrier, at the rates, terms and conditions set
forth in its applicable tariffs, or as provided by law, rule or regulation.
7.4 911/E911 Arrangement
7.4.1 NYNEX will provide NEFC a list consisting of each municipality
in NYNEX's service territory that subscribes to Basic 911 Service. The list will
contain a 10-digit directory number representing the appropriate emergency
answering position for each municipality subscribed to Basic 911 Service.
21
7.4.2 NEFC shall arrange to accept 911 calls from its customers in
municipalities that subscribe to Basic 911 Service. NEFC shall translate the 911
call to the appropriate 10-digit directory number from the list provided by
NYNEX and then route that call to NYNEX at the appropriate tandem or end office
over the same trunk group(s) that other local traffic is sent.
7.4.3 NYNEX and NEFC shall comply with all applicable state laws and
rules governing the provision of 911 or E911 service. The Parties agree to work
cooperatively with the state to implement an E911 system in a competitively
neutral manner.
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR.
8.1 Joint Network Configuration and Grooming Plan. On or before January 1,
1998, NEFC and NYNEX shall jointly develop a grooming plan (the "Joint Grooming
Plan") which shall define and detail, inter alia,
(a) agreement on Physical Architecture consistent with the guidelines
defined in Section 4.0;
(b) standards to ensure that Interconnection trunk groups experience a
grade of service, availability and quality which is comparable to
that achieved on interoffice trunks within NYNEX's network and in
accord with all appropriate relevant industry-accepted quality,
reliability and availability standards;
(c) the respective duties and responsibilities of the Parties with
respect to the administration and maintenance of the trunk groups,
including but not limited to standards and procedures for
notification and discoveries of trunk disconnects;
(d) disaster recovery provision escalations; and
(e) expediting orders;
(f) such other matters as the Parties may agree.
The Initial mutual interconnection is not dependent upon completion of the
Grooming Plan.
8.2 Installation, Maintenance, Testing and Repair. NYNEX's standard
intervals as set forth in Schedule 8.2 attached will be utilized in connection
with the establishment of all Interconnection trunking arrangements between the
Parties. NEFC shall meet the same intervals for comparable installations,
maintenance, joint testing, and
22
repair of its facilities and services associated with or used in conjunction
with Interconnection or shall notify NYNEX of its inability to do so and will
negotiate such intervals in good faith.
8.3 Network Reliability Council. The Parties will carefully review the
Network Reliability Council's recommendations and, as part of the Joint Grooming
Plan, implement them where technically and economically feasible.
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3)
Pursuant to Section 251 (c)(3), NYNEX shall provide nondiscriminatory
access to Network Elements on an Unbundled basis at any technically feasible
point on rates, terms and conditions that are just, reasonable and
nondiscriminatory in accordance with the terms and conditions of this Agreement
and Section 252 of the Act.
9.1 Local Link Transmission Types
Subject to Section 9.5, NYNEX shall allow NEFC to access the following
Link types unbundled from local switching and local transport in accordance with
the terms and conditions set forth in this Section 9.
9.1.1 "2-Wire Switched Analog Voice Grade Links" or "Analog 2W"
("SVGAL") which support analog transmission of 300-3000 Hz, repeat link start,
link reverse battery, or ground start seizure and disconnect in one direction
(toward the End Office Switch), and repeat ringing in the other direction
(toward the Customer). Analog 2W include Links sufficient for the provision of
PBX trunks, pay telephone lines and electronic key system lines.
9.1.2 "4-Wire Switched Analog Voice Grade Links" or "Analog 4W"
("SVGALs") which support transmission of voice grade signals using separate
transmit and receive paths and terminate in a 4-wire electrical interface.
9.1.3 "2-Wire ISDN Digital Grade Links" or "BRI ISDN" (Premium Link)
which support digital transmission of two 64 Kbps bearer channels and one 16
Kbps data channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated Services
Digital Network (BRI-ISDN) Link which will meet national ISDN standards and
conform to ANSI T1.601-1992 & T1E1.4 90-004R3.
9.1.4 DS-1 Digital Grade Link provides a channel which provides
1.544 Mbps digital transmission path between a Customer premises and a NYNEX
central office, and is capable of operating in a full duplex, time division
(digital) multiplexing mode. A DS-1 Digital Grade Link provides transmission
capacity equivalent to 24 voice grade channels with associated signaling,
twenty-four 56 Kbps digital channels when in band signaling is provided or
twenty-four 64 Kbps channels with the selection of the Clear Channel signaling
option.
23
9.1.5 Extended Link service is a channel which enables NEFC when it
is physically collocated in a given NYNEX central office to access unbundled
links served from another NYNEX central office. Extended Link service is a
designed service (similar to special access and private line services) which
requires detailed engineering to assure that the service provided conforms to
specific transmission performance standards unique to the specific service e.g.,
voice grade DS0, DS1 and DS3.
9.1.6 Links will be offered on the terms and conditions specified
herein and on such other terms in applicable tariffs that are not inconsistent
with the terms and conditions set forth herein. NYNEX shall make Links available
to NEFC at the rates specified in the Pricing Schedule, as amended from time to
time, subject to the provisions of Section 9.9 or as subsequently determined by
the PUC.
9.2 ADSL AND HDSL
9.2.1 The Parties acknowledge that ADSL is not currently deployed
for use in the NYNEX network. If the issues surrounding deployment of ADSL in
NYNEX's network are satisfactorily resolved and ADSL is deployed, NYNEX shall
allow NEFC access ADSL Links unbundled from local switching and local transport
in accordance with the terms and conditions set forth in this Section 9.0.
9.2.2 "2-Wire ADSL-Compatible Link" or "ADSL 2W" is a transmission
path that facilitates the transmission of up to a 6 Mbps digital signal
downstream (toward the Customer) and up to a 640 Kbps digital signal upstream
(away from the Customer) while simultaneously carrying an analog voice signal.
An ADSL-2W is provided over a 2-Wire non-loaded twisted copper pair provisioned
using revised resistance design guidelines and meeting ANSI Standard
T1.413-1995-007R2. An ADSL-2W terminates 2-wire electrical interface at the
Customer premises and at the NYNEX Central Office frame. ADSL technology can
only be deployed over Links which extend less than 18 Kft. From NYNEX's Central
Office. ADSL compatible Links will only be made available where existing copper
facilities can meet the ANSI T1.413-1995-007R2 specifications.
9.2.3 "2-Wire HDSL-Compatible Link" or "HDSL 2W" is a transmission
path that facilitates the transmission of a 768 Kbps digital signal over a
2-Wire non-loaded twisted copper pair meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 / T1E1.4/92-002R3. HDSL compatible Links
will only be made available where existing copper facilities can meet the T1E1
Technical Report Number 28 specifications.
9.2.4 "4-Wire HDSL-Compatible Link" or "HDSL 4W" is a transmission
path that facilitates the transmission of a 1.544 Mbps digital signal over two
2-Wire non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
24
Committee Technical Report Number 28. HDSL compatible Links will only be made
available where existing copper facilities can meet the specifications.
9.2.5 HDSL and ADSL compatible links will be offered on the terms
and conditions specified herein and on such other terms in applicable tariffs
that are not inconsistent with the terms and conditions set forth herein. NYNEX
shall make such links available to NEFC at rates approved by the PUC, as amended
from time to time.
9.3 Local Switching
NEFC may purchase unbundled local switching from NYNEX, in accordance with
the terms and conditions of and at the rates specified in the Pricing Schedule,
or subject to the rates, terms and conditions contained in any applicable NYNEX
tariff or any statement of generally available terms and conditions filed with
the PUC.
9.4 Local Transport
NEFC may purchase unbundled local transport from NYNEX, in accordance with
the terms and conditions of and at the rates specified in the Pricing Schedule,
or subject to the rates, terms and conditions contained in any applicable NYNEX
tariff or any statement of generally available terms and conditions filed with
the PUC.
9.5 Limitations on Unbundled Access
9.5.1 Unless otherwise allowed by the FCC or PUC, NEFC may not
cross-connect a NYNEX-provided Link to a NYNEX- provided Port but instead shall
purchase a network access line under applicable tariffs.
9.5.2 NYNEX shall only be required to provide Links and Ports where
such Links and Ports are available.
9.5.3 NEFC shall access NYNEX's unbundled Network Elements
specifically identified in this Agreement via Collocation in accordance with
Section 12 at the NYNEX Wire Center where those elements exist and each Link or
Port shall be delivered to NEFC's Collocation node by means of a Cross
Connection which in the case of Links, is included in the rates set forth in the
Pricing Schedule, or via such other alternative Interconnection arrangement(s)
as the Parties may mutually agree, or FCC rules, the Act or PUC rules may
otherwise require.
9.5.4 NYNEX shall provide NEFC access to its unbundled Links at each
of NYNEX's Wire Centers. In addition, if NEFC's requests one or more Links
serviced by Integrated Digital Link Carrier or Remote Switching technology
deployed as a Link concentrator, NYNEX shall, where available, move the
requested Link(s) to a spare, existing physical Link at no charge to NEFC. If,
however, no spare physical Link is available, NYNEX shall within three (3)
business days of NEFC's request notify NEFC
25
of the lack of available facilities. NEFC may then at its discretion make a
Network Element Bona Fide Request to NYNEX to provide the unbundled Link through
the demultiplexing of the integrated digitized Link(s). NEFC may also make a
Network Element Bona Fide Request for access to unbundled Links at the Link
concentration site point. Notwithstanding anything to the contrary in this
Agreement, the provisioning intervals set forth in Section 9.7 and the
Performance Interval Dates and Performance Criteria set forth in Section 27.0
shall not apply to unbundled Links provided under this Section 9.5.4.
9.5.5 If NEFC orders a Link type and the distance requested on such
Link exceeds the transmission characteristics as referenced in the corresponding
Technical Reference specified below, distance extensions may be required and
additional rates and charges shall apply as set forth on the Pricing Schedule.
Link Type Technical Reference/Limitation
Electronic Key Line 2.5 miles
ISDN Bellcore TA-NWT-000393
HDSL 2W T1E1 Technical Report Number 28
HDSL 4W T1E1 Technical Report Number 28
ADSL 2W ANSI T1.413-1995 Specification
9.6 Availability of Other Network Elements on an Unbundled Basis
9.6.1 NYNEX shall, upon request of NEFC, at any Technically Feasible
Point provide to NEFC access to its Network Elements on an unbundled basis for
the provision of NEFC's Telecommunications Service. Any request by NEFC for
access to a NYNEX Network Element that is not already available shall be treated
as a Network Element Bona Fide Request. NEFC shall provide NYNEX access to its
Network Elements as mutually agreed by the Parties or as required by the Act,
PUC or FCC.
9.6.2 NYNEX shall provide Network Elements to NEFC under this
Section 9.6 to permit NEFC to provide Telecommunications Services, subject to
the requirements of Sections 251 (c) (3) and (d) (2) (A) and applicable FCC
and/or PUC rules.
9.7 Provisioning of Unbundled Links
The following coordination procedures shall apply for new unbundled Links
and the conversions of "live" Telephone Exchange Services to unbundled Links
(herein after referred to as "hot cuts"):
9.7.1 NEFC shall request unbundled Links from NYNEX by delivering to
NYNEX a valid electronic transmittal Service Order using the NYNEX electronic
ordering platform (as cooperatively designed and implemented to meet the minimum
requirements for information exchange needed to order and provision services to
certified
26
local exchange carriers and enhanced to support industry standards as developed
for interconnection services) or another mutually agreed upon system. Within two
(2) business days of NYNEX's receipt of a Service Order, NYNEX shall provide
NEFC the firm order commitment ("FOC") date according to the applicable
Performance Standards set forth in Schedule 27.0 by which the Link(s) covered by
such Service Order will be installed.
9.7.2 NYNEX agrees to respond to NEFC's Service Orders on a
non-discriminatory basis consistent with the manner in which it provides service
to its own retail customers or any other Telecommunications Carrier.
9.7.3 NYNEX agrees to accept from NEFC at the time the service
request is submitted for scheduled conversion of hot cut unbundled link orders,
a desired date and time (the "Scheduled Conversion Time") in the "A.M." (12:01
a.m. to 12:00 noon) or "P.M." (12:01 p.m. to 12:00 midnight) (as applicable, the
"Conversion Window") for the hot cut.
9.7.4 NYNEX shall test for NEFC dial tone at the POT bay by testing
through the tie cable provisioned between the NYNEX main distributing frame and
the NEFC expanded interconnection node forty-eight (48) hours prior to the
Scheduled Conversion Time.
9.7.5 Not less than one hour prior to the Scheduled Conversion Time,
either Party may contact the other Party and unilaterally designate a new
Scheduled Conversion Time (the "New Conversion Time"). If the New Conversion
Time is within the Conversion Window, no charges shall be assessed on or waived
by either Party. If, however, the New Conversion Time is outside of the
Conversion Window, the Party requesting such New Conversion Time shall be
subject to the following:
If NYNEX requests the New Conversion Time, the applicable Service
Order Charge shall be waived; and
If NEFC requests the New Conversion Time, NEFC shall be assessed a
Line Connection Charge in addition to the Service Order Charge that
will be incurred for the New Conversion Time.
9.7.6 Except as otherwise agreed by the Parties for a specific
conversion, such as large cutovers of ten lines or more that have negotiated
intervals, the Parties agree that the time interval expected from disconnection
of NYNEX's "live" Telephone Exchange Service to the connection of an unbundled
Network Element at the NEFC Collocation node's POT Bay will be accomplished
within a window of time as detailed following: Between the effective date of
this Agreement and 9/30/97 ninety (90) minutes; from 10/1/97 through the end of
this agreement sixty (60) minutes or less. If a conversion interval exceeds
sixty (60) minutes and such delay is caused solely by NYNEX (and not by a
contributing Delaying Event (as defined in Section 27.4)),
27
NYNEX shall waive the applicable Service Order Charge for such element. If NEFC
has ordered INP with the installation of a Link, NYNEX will coordinate the
implementation of INP with the Link conversion during with the above stated
intervals at no additional charge.
9.7.7 If either Party requests or approves the other Party's NYNEX
technician to perform services in excess of or not otherwise contemplated by the
Service Order charge either Party may charge the other Party for any additional
and reasonable labor charges to perform such services.
9.7.8 If as the result of end user actions, (e.g., Customer not
ready ["CNR"]), NYNEX cannot complete requested work activity when a technician
has been dispatched to the site NEFC will be assessed a non-recurring charge
associated with this visit. This charge will be the sum of the Service Order
Charge and Premises Visit Charge as specified in Tariff P.U.C. - Me - No. 17
Part M, Section 1.3.2..
9.7.9 Until such time as the PUC approves an unbundled network
element non-recurring Service Order Charge, an interim non-recurring service
order charge shall apply on a per order basis. The interim service order rate
shall equal the Service and Equipment Charge to install a business network
access line, as specified in Tariff P.U.C. - Me - No. 17 Part M, Section 1.5.2.
9.8 Maintenance of Unbundled Network Elements
If (i) NEFC reports to NYNEX a Customer trouble, (ii) NEFC requests a
dispatch, (iii) NYNEX dispatches a technician to a central office or to an end
user's premises, and (iv) such trouble was not caused by NYNEX's facilities or
equipment in whole or in part, then NEFC shall pay NYNEX a charge of $86.53, on
an interim basis subject to true-up based on the comparable cost-based charge as
approved by the PUC. In addition this charge also applies when the end user
contact as designated by NEFC is not available at the appointed time. NEFC
accepts responsibility for initial trouble isolation and providing NYNEX with
appropriate dispatch information based on their test results. NYNEX agrees to
respond to NEFC trouble reports on a non-discriminatory basis consistent with
the manner in which it provides service to its own retail customers or any other
Telecommunications Carrier.
9.9 True-Up of Monthly Unbundled Link Charges for Maine
9.9.1 NYNEX and NEFC agree to provide true-ups to one another for
all links purchased in Maine by NEFC through the end of the initial term of this
Agreement up to:
a) the date of the Initial Link Rate Decision, as defined in
Section 9.9.3; and for
28
b) the date of the Final Link Rate Decision, as defined in
Section 9.9.4.
9.9.2 "Current Monthly Rates" are as set forth in the Pricing
Schedule.
9.9.2.1 Notwithstanding the foregoing paragraph 9.9.2, nothing
in this Agreement shall be construed to imply that NEFC agrees that the rate set
forth in Section 9.9.2 is a reasonable or appropriate charge for unbundled
Links.
9.9.3 "Initial Link Rate Decision" is any decision of the PUC
establishing any interim monthly link rates which is issued subsequent to the
date of the execution of this Agreement and before the expiration of the initial
term of this Agreement.
9.9.4 "Final Link Rate Decision" represents the lower of any of the
following which occur during the initial term of this Agreement:
a) a decision of the PUC establishing permanent monthly
link rates which is issued subsequent to either the date
of this Agreement or the Initial Link Rate Decision as
modified by any rulings by the FCC or appeals ruled upon
in any federal or state court of competent jurisdiction,
b) any rate established through arbitration between NYNEX
and a third party that is approved by a ruling of the
PUC, the FCC or any federal or state court of competent
jurisdiction.
c) the most favorable negotiated Link rate agreed to by
NYNEX and a third party in Maine.
9.9.5 "Initial Link Months" represents the cumulative sum of total
links in service to NEFC each month for the period beginning on the effective
date of this Agreement and ending at the date of the Initial Link Rate Decision.
For example, if 10 links are in service each month for 5 months, the number of
Link Months would equal 50.
9.9.6 "Final Link Months" represents the cumulative sum of total
links in service to NEFC each month for the period beginning on the effective
date of this Agreement and ending at the date of the Final Link Rate Decision.
9.9.7 "Initial Per-Link True-up" represents the difference between
the Current Monthly Rate and the rate established under the Initial Link Rate
Decision.
9.9.8 "Final Per-Link True-up" represents the difference between the
rate established under any Initial Link Rate Decision and the Final Link Rate
Decision; or the
29
difference between the Current Monthly Rate and the Final Link Rate Decision
absent any Initial Link Rate Decision.
9.9.9 "Initial True-up Amount" is the product amount calculated by
multiplying Initial Link Months by the Initial Per-Link True-up.
9.9.10 "Final True-up Amount" is the product amount calculated by
multiplying Link Months by the Final Per-Link True-up.
9.9.11 NYNEX agrees to pay NEFC and NEFC agrees to pay NYNEX the
Initial True-up Amount as applicable within thirty (30) days of the Initial Link
Rate Decision.
9.9.12 NYNEX agrees to pay NEFC and NEFC agrees to pay NYNEX the
Final True-up Amount as applicable within thirty (30) days of any Final Link
Decision.
9.9.13 NEFC and NYNEX will track the number of Link Months on a
prospective basis up until payment of the Final True-up Amount.
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1)
10.1 Availability of Wholesale Rates for Resale
NYNEX shall offer to NEFC for resale at wholesale rates its local exchange
telecommunications services, as described in Section 251(c)(4) of the Act, at
the rates set forth in the Pricing Schedule, pending approval by the PUC of
permanent resale rates. NYNEX shall make such resale arrangements available to
NEFC as soon as it makes such resale service generally available in the State of
Maine.
10.2 Availability of Retail Rates for Resale
Each Party shall make available its Telecommunications Services for resale
at retail rates to the other Party in accordance with Section 251(b)(1) of the
Act in accordance with each Party's applicable approved tariffs.
10.3 Term and Volume Discounts
Upon request, NYNEX agrees to offer term and volume discounts for resold
retail services.
30
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5)
If a Party makes a change in its network which it believes will materially
affect the inter-operability of its network with the other Party, the Party
making the change shall provide at least ninety (90) days advance written notice
of such change to the other Party.
12.0 COLLOCATION -- SECTION 251(c)(6)
12.1 Upon request, NYNEX shall provide to NEFC Physical Collocation for
its transport facilities and equipment, pursuant to the terms and conditions of
NYNEX's applicable tariffs on file with the FCC and the PUC as necessary for
Interconnection (pursuant to Section 4.0) or for access to unbundled Network
Elements (pursuant to Section 9.0). NYNEX may provide for Virtual Collocation if
NYNEX demonstrates to the PUC that Physical Collocation is not practical for
technical reasons or because of space limitations, as provided in Section
251(c)(6) of the Act. Upon request by NEFC and to the extent technically
feasible and as space permits, NYNEX shall provide Collocation at additional
locations for placement of such equipment and alternative physical Collocation
arrangements. Collocation shall be provided in accordance with the timetable
ordered by the PUC in Docket No. 96-510 for Issue 35(F), or as otherwise
mutually agreed by the parties.
12.2 NEFC agrees to provide to NYNEX upon NYNEX's Network Element Bona
Fide Request, Collocation of equipment for purposes of Interconnection (pursuant
to Section 4.0) on a non-discriminatory basis and at comparable rates, terms and
conditions as NEFC may provide to other common carriers. NEFC shall provide such
Collocation subject to applicable tariffs or contracts.
12.3 The Collocating Party shall provide its own or third-party leased
transport facilities and terminate those transport facilities in equipment
located in its Physical Collocation space at the Housing Party's premises as
described in applicable tariffs or contracts and purchase Cross Connection to
services or facilities as described in applicable tariffs or contracts.
12.4 NEFC may install any equipment allowed by law, including Remote
Switching Modules ("RSMs"), inside Collocation spaces unless and until the FCC
determines that incumbent LECs need not permit Collocation of such equipment, or
until the Maine arbitration decision on which this clause is based is reversed
or overruled, in which event NYNEX must allow NEFC a reasonable transition
period for removing, replacing or modifying such equipment, or for otherwise
negotiating a mutually satisfactory alternative arrangement with NYNEX.
12.5 To the extent not specified in this Agreement, the rates, terms and
conditions governing Collocation shall be those contained in applicable NYNEX
tariffs, NYNEX's standard Collocation license agreement, or (at the option of
NEFC) the
31
Collocation portion of an approved Maine Interconnection agreement between NYNEX
and another carrier.
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2)
13.1 Scope
13.1.1 The Parties shall provide Number Portability on a reciprocal
basis to each other to the extent technically feasible, and in accordance with
rules and regulations as from time to time prescribed by the FCC and/or the PUC.
13.1.2 Until Number Portability is implemented by the industry
pursuant to regulations issued by the FCC or the PUC, the Parties agree to
provide Interim Telecommunications Number Portability ("INP") to each other
through remote call forwarding, Route Indexing, and full NXX code migration at
the prices listed in the Pricing Schedule.
13.1.3 Once Number Portability is implemented pursuant to FCC or PUC
regulation, either Party may withdraw, at any time and at its sole discretion,
its INP offerings, subject to advance notice to the other Party and coordination
to allow the seamless and transparent conversion of INP Customer numbers to
Number Portability. Upon implementation of Number Portability pursuant to FCC
regulation, both Parties agree to conform and provide such Number Portability.
13.2 Procedures for Providing INP Through Remote Call Forwarding
NEFC and NYNEX will provide INP through Remote Call Forwarding as follows:
13.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Exchange Service(s) it
previously received from Party A, in conjunction with the Exchange Service(s) it
will now receive from Party B. Upon receipt of a signed letter of agency from
the Customer (and an associated service order) assigning the number to Party B,
Party A will implement an arrangement whereby all calls to the original
telephone number(s) will be forwarded to a new telephone number(s) designated by
Party B. Party A will route the forwarded traffic to Party B over the
appropriate Local/IntraLATA Trunks as if the call had originated on Party A's
network.
13.2.2 Party B will become the customer of record for the original
Party A telephone numbers subject to the INP arrangements. Party A shall use its
reasonable efforts to consolidate into as few billing statements as possible all
collect, calling card, and 3rd-number billed calls associated with those
numbers, with sub-account detail by retained number. At Party B's sole
discretion, such billing statement shall be delivered to
32
Party B in an agreed-upon format via either electronic file transfer, daily
magnetic tape, or monthly magnetic tape.
13.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and restrict or cancel calling cards associated
with those forwarded numbers as directed by Party B.
13.2.4 Within two (2) business days of receiving notification from
the Customer, Party B shall notify Party A of the Customer's termination of
service with Party B, and shall further notify Party A as to that Customer's
instructions regarding its telephone number(s). Party A will reinstate service
to that Customer, cancel the INP arrangements for that Customer's telephone
number(s), or redirect the INP arrangement to another INP-participating-LEC
pursuant to the Customer's instructions at that time.
13.3 Procedures for Providing INP Through Route Indexing
Upon mutual agreement, NYNEX will deploy a Route Index arrangement as
mutually agreed upon, which combines direct trunks, provisioned between NYNEX's
and NEFC's End Offices, with trunk side routing translations and full SS7
functionality. Under this arrangement, inbound calls to a ported number will be
pointed at a route index that sends the call to a dedicated trunk group, built
as a direct final, for the sole purpose of facilitating completion of calls to a
ported number. NYNEX will coordinate with NEFC to provide this solution in a
mutually agreeable and administratively manageable manner (e.g., NXX level) so
as to minimize switch resource utilization for both Parties.
13.4 Procedures for Providing INP Through Full NXX Code Migration
Where either Party has activated an entire NXX for a single Customer, or
activated a substantial portion of an NXX for a single Customer with the
remaining numbers in that NXX either reserved for future use or otherwise
unused, if such Customer chooses to receive service from the other Party, the
first Party shall cooperate with the second Party to have the entire NXX
reassigned in the LERG (and associated industry databases, routing tables, etc.)
to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times for movements of NXXs from one switch to
another.
13.5 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
The Parties agree that under INP terminating compensation on calls to
INP'ed numbers should be received by each Customer's chosen LEC as if each call
to the Customer had been originally addressed by the caller to a telephone
number bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In
order to accomplish this objective where INP is employed, the Parties shall
utilize the process set forth in this Section 13.5 whereby terminating
compensation on calls subject to INP will be passed
33
from the Party (the "Performing Party") which performs the INP to the other
Party (the "Receiving Party") for whose Customer the INP is provided.
13.5.1 The Parties shall individually and collectively track and
quantify INP traffic between their networks based on the CPN of each call by
identifying CPNs which are INP'ed numbers. The Receiving Party shall charge the
Performing Party for each minute of INP traffic at the INP Traffic Rate
specified in Section 13.6.3 in lieu of any other compensation charges for
terminating such traffic.
13.5.2 By the Interconnection Activation Date, the Parties shall
jointly estimate for the prospective year, based on historic data of all traffic
in the LATA, the percentages of such traffic that if dialed to telephone numbers
bearing NPA-NXXs directly assigned to a Receiving Party (as opposed to the
INP'ed number) would have been subject to (i) Local Traffic exchanged between
the Parties ("Local Reciprocal Traffic"), (ii) IntraLATA Toll Traffic exchanged
between the Parties ("IntraLATA Toll Reciprocal Traffic", iii) appropriate
Intrastate FGD charges ("Intra Traffic"), (iv) Interstate FGD charges ("Inter
Traffic"), or (v) handling as Local Traffic under transiting arrangements
between the Parties ("Transit Traffic"). On the date which is six (6) months
after the Interconnection Activation Date, and thereafter on each succeeding six
month anniversary of such Interconnection Activation Date, the Parties shall
establish new INP traffic percentages to be applied in the prospective six (6)
month period, based on actual INP traffic percentages from the preceding six (6)
month period.
13.5.3 The INP Traffic Rate shall be equal to the sum of:
(Local Reciprocal Traffic percentage times the Local Reciprocal
Compensation Rate set forth in the Pricing Schedule) plus (IntraLATA
Toll Reciprocal Traffic percentage times NYNEX's effective
intrastate FGD rates, less rates for tandem switching and transport
functions performed by the Performing Party) plus (Interstate
IntraLATA Traffic percentage times NYNEX's effective interstate FGD
rates, less rates for tandem switching and transport functions
performed by the Performing Party).
A rate of zero shall be applied to the Transit Traffic percentage.
13.6 True-up of Monthly INP Costs
13.6.1 Until such time as a competitively neutral cost recovery
mechanism is implemented pursuant to a PUC or FCC order ("the Interim Recovery
Period"), the Parties shall track and record the cumulative sum of ported
numbers provided via an INP functionality to each other each month for the
purpose of calculating an INP true-up amount that the Party providing an INP
functionality may then be entitled to xxxx and receive under such PUC or FCC
order. The true-up amount shall equal the sum of the ported number provided to
the Party receiving the INP functionality,
34
multiplied by the number of months applicable to each ported number during the
Interim Recovery Period, multiplied by the Final INP Rate set by the PUC or FCC.
13.6.2 In the event the PUC or FCC establishes a competitively
neutral cost recovery mechanism which allows recovery of amounts for the
provision of INP functionalities different from those amounts listed for such
functionalities in the Pricing Schedule, the Parties shall adopt such different
amounts in accordance with such competitively neutral cost recovery mechanism.
Should the FCC or PUC adopt a competitively neutral cost recovery mechanism for
INP which differs from that stipulated to by the Parties herein the Parties
shall adopt such a mechanism pursuant to said order in lieu of the payment
arrangements outlined in this Section 13.0.
14.0 NUMBER RESOURCES ASSIGNMENTS
NYNEX shall assign to NEFC NXX codes in accordance with national
guidelines at no charge.
15.0 DIALING PARITY -- SECTION 251(b)(3)
NYNEX shall provide Local Dialing Parity as required under Section
251(b)(3) of the Act in the following manner: Telephone numbers are provided
pursuant to Section 14.0; Directory Assistance is provided pursuant to Section
19.2; Directory Listings are provided pursuant to section 19.1; and Operator
Services are provided to Sections 19.2.4 and 19.2.6.
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it owns or controls, to the extent permitted by law
and as required by Section 224 of the Act or PUC Order, on terms, conditions and
prices comparable to those offered to any other entity pursuant to each Party's
applicable tariffs and/or standard agreements with such entities.
17.0 DATABASES AND SIGNALING
NYNEX shall provide NEFC with interfaces to access NYNEX's databases,
including LIDB and 800/888, as well as DCAS for ordering and provisioning
purposes, and associated signaling necessary for the routing and completion of
NEFC's traffic through the provision of SS7 under its applicable tariffs.
18.0 REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from NYNEX to NEFC, or from
NEFC to NYNEX, and does not retain its original telephone number, the Party
formerly providing service to such Customer shall provide a referral
announcement ("Referral
35
Announcement") on the abandoned telephone number which provides details on the
Customer's new number. Referral Announcements shall be provided reciprocally,
free of charge to either the other Party or the Customer, for a period of not
less than four (4) months after the date the Customer changes its telephone
number in the case of business Customers and not less than sixty (60) days after
the date the Customer changes its telephone number in the case of residential
Customers. However, if either Party provides Referral Announcements for a period
different than the above respective periods when its Customers change their
telephone numbers, such Party shall provide the same level of service to
Customers of the other Party.
19.0 DIRECTORY SERVICES ARRANGEMENTS
NYNEX will provide certain directory services to NEFC as defined herein.
In this Section 19 of this Agreement, references to NEFC Customer telephone
numbers means telephone numbers falling within NXX codes directly assigned to
NEFC and to numbers which are retained by NEFC on the Customer's behalf pursuant
to Interim Telecommunications Number Portability arrangements described in
Section 13 of this Agreement.
19.1 Directory Listings and Directory Distributions
19.1.1 NYNEX will include NEFC Customers telephone numbers in all of
its "White Pages" and "Yellow Pages" directory listings (including electronic
directories) and directory assistance databases associated with the areas in
which NEFC provides services to such Customers, and will distribute such
directories to such Customers, in an identical and transparent manner in which
it provides those functions for its own Customers' telephone numbers.
19.1.2 NYNEX will include all NEFC NXX codes on appropriate existing
calling charts in the NYNEX Customer Guide section of the directory in the same
manner as it provides this information for its own NXX codes.
19.1.3 NEFC will provide NYNEX with its directory listings and daily
updates to those listings (including new, changed, and deleted listings) in a
mutually agreed upon format at no charge.
19.1.4 NYNEX will accord NEFC directory listing information the same
level of confidentiality which NYNEX accords its own directory listing
information.
19.1.5 NYNEX shall provide NEFC at no charge with (i) one basic
single line white and yellow page directory listing per business Customer
number, or one basic single line white page directory listing per residence
Customer number, (ii) directory distribution for NEFC Customers, and (iii)
listings of NEFC Customers in the directory assistance database.
36
19.1.6 NYNEX will provide NEFC with a report of all NEFC customer
listings ninety (90) days prior to directory publication in such form and format
as may be mutually agreed to by both Parties. Both Parties shall use their best
efforts to ensure the accurate listing of such information.
19.1.7 Yellow Page Maintenance
NYNEX will work cooperatively with NEFC so that Yellow Page
advertisements purchased by Customers who switch their service to NEFC
(including customers utilizing Interim Telecommunications Number Portability)
are maintained without interruption. NYNEX will allow NEFC customers to purchase
new yellow pages advertisements without discrimination, under the identical
rates, terms and conditions that apply to NYNEX's Customers.
19.1.8 Information Pages
NYNEX will include in the "Information Pages" or comparable section
of its White Pages Directories for areas served by NEFC, listings provided by
NEFC for NEFC's installation, repair and Customer service, information,
including appropriate identifying logo. Such listings shall appear in the manner
that such information appears for subscribers of NYNEX and other LECs. NYNEX
shall not charge NEFC for inclusion of this information.
19.2 Directory Assistance ("DA") and Operator Services
19.2.1 NYNEX will provide NEFC's operators an on-line access to
NYNEX's directory assistance database, when and where such access becomes
available to organizations outside NYNEX.
19.2.2 At NEFC's option, NYNEX will provide NEFC with intraLATA,
NYNEX-branded directory assistance service, or NEFC-branded directory assistance
and Directory Assistance Call Completion (DACC), which are comparable to the
directory assistance service NYNEX makes available to its own end users, at the
prices set forth in the Pricing Schedule.
19.2.3 When NYNEX provides to NEFC DA or Operator Services, NYNEX
requires that such services will be provided to NEFC over dedicated operator
services trunk groups, utilizing Feature Group C-Type modified Operator Services
Signaling when interconnecting to the NYNEX operator services network.
19.2.4 NEFC (or its operator service provider) and NYNEX will
provide LEC-to-LEC Busy Line Verification and Interrupt (BLV/I) trunks to one
another, in conjunction with POTS traffic, to enable each party to support this
functionality. (This option is provisioned subject to technical limitations,
such as those that apply on ported numbers).
37
19.2.5 Busy Line Verification ("BLV") is performed when one Party's
Customer requests assistance from the operator bureau to determine if the called
line is in use. However, the operator bureau will not complete the call for the
Customer initiating the BLV inquiry. Only one BLV attempt will be made per
Customer operator bureau call, and a charge shall apply whether or not the
called party releases the line.
19.2.6 Busy Line Verification and Interrupt ("BLVI") is performed
when one Party's operator bureau interrupts a telephone call in progress after
BLV has occurred. The operator bureau will interrupt the busy line and inform
the called party that there is a call waiting. The operator bureau will only
interrupt the call and will not complete the telephone call of the Customer
initiating the BLVI request. The operator bureau will make only one BLVI attempt
per Customer operator bureau call and the applicable charge applies whether or
not the called party releases the line.
19.2.7 Each Party's operator bureau shall accept BLV and BLVI
inquiries from the operator bureau of the other Party in order to allow
transparent provision of BLV/BLVI Traffic between the Parties' networks.
19.2.8 Each Party shall route BLV/BLVI Traffic inquiries over the
existing network established between the Parties' respective operator bureaus.
Each Party shall compensate the other Party for BLV/BLVI Traffic as set forth in
the Pricing Schedule.
19.2.9 NYNEX will provide operator services call completion to
NEFC's operators and Customers, upon NEFC's request, for the termination of
alternate billed calls from NEFC's subscribers. Call completion services will
allow NEFC Customers the ability, through the mechanized NYNEX operator
interface or the NYNEX operator, to complete calls via 0+ or 0- dialing with
alternate billing capabilities. Billing for the calls will be on a flat rate per
call transaction for 0+ calls or per Operator Work Second on 0- calls. NYNEX
will provide call detail records in EMR format for the call completion services
at a charge set forth in the Pricing Schedule.
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES
20.1 Both NYNEX and NEFC shall use their best efforts to comply with the
Implementation Schedule.
20.2 The Parties shall exchange technical descriptions and forecasts of
their Interconnection and traffic requirements in sufficient detail necessary to
establish the Interconnections required to assure traffic completion to and from
all Customers in their respective designated service areas. NEFC, for the
purpose of ubiquitous connectivity, network diversity and alternate routing,
shall connect to at least one Tandem Office Switch for the receipt/completion of
traffic to any NYNEX End Office Switches.
38
20.3 Thirty (30) days after the Effective Date and each quarter during the
term of this Agreement, each Party shall provide the other Party with a rolling,
six (6) calendar month, non-binding forecast of its traffic and volume
requirements for the services and Network Elements provided under this Agreement
in the form and in such detail as agreed by the Parties. Notwithstanding Section
29.6.1, the Parties agree that each forecast provided under this Section 20.3
shall be deemed "Proprietary Information" under Section 29.6.
20.4 Any Party that is required pursuant to this Agreement to provide a
forecast (the "Forecast Provider") or the Party that is entitled pursuant to
this Agreement to receive a forecast (the "Forecast Recipient") with respect to
traffic and volume requirements for the services and Network Elements provided
under this Agreement may request in addition to non-binding forecasts required
by Section 20.3 that the other Party enter into negotiations to establish a
forecast (a "Binding Forecast") that commits such Forecast Provider to purchase,
and such Forecast Recipient to provide, a specified volume to be utilized as set
forth in such Binding Forecast. The Forecast Provider and Forecast Recipient
shall negotiate the terms of such Binding Forecast in good faith and shall
include in such Binding Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast and any other terms desired by
such Forecast Provider and Forecast Recipient. Notwithstanding Section 29.6.1,
the Parties agree that each forecast provided under this Section 20.4 shall be
deemed "Proprietary Information" under Section 29.6.
20.5 Each Party is individually responsible to provide facilities within
its network which are necessary for routing, transporting, measuring, and
billing traffic from the other Party's network and for delivering such traffic
to the other Party's network in the standard format compatible with NYNEX's
network and to terminate the traffic it receives in that standard format to the
proper address on its network. Such facility shall be designed based upon the
description and forecasts provided under Sections 20.2 and 20.3 above. The
Parties are each solely responsible for participation in and compliance with
national network plans, including The National Network Security Plan and The
Emergency Preparedness Plan.
20.6 Neither Party shall use any service related to or any of the Services
provided in this Agreement in any manner that interferes with other persons in
the use of their service, prevents other persons from using their service, or
otherwise impairs the quality of service to other carriers or to either Party's
Customers, and either Party may discontinue or refuse service if the other Party
violates this provision. Upon such violation, either Party shall provide the
other Party notice, if practicable, at the earliest practicable time.
20.7 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
39
20.8 The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other services
related to this Agreement.
20.9 Each Party is responsible for administering NXX codes assigned to it.
20.10 Each Party is responsible for obtaining Local Exchange Routing Guide
("LERG") listings of CLLI codes assigned to its switches.
20.11 Each Party shall use the LERG published by Bellcore or its successor
for obtaining routing information and shall provide all required information to
Bellcore for maintaining the LERG in a timely manner.
20.12 Each Party shall program and update its own Central Office Switches
and End Office Switches and network systems to recognize and route traffic to
and from the other Party's assigned NXX codes. Except as mutually agreed or as
otherwise expressly defined in this Agreement, neither Party shall impose any
fees or charges on the other Party for such activities.
20.13 At all times during the term of this Agreement, each Party shall
keep and maintain in force at each Party's expense all insurance required by law
(e.g., workers' compensation insurance) as well as general liability insurance
for personal injury or death to any one person, property damage resulting from
any one incident, automobile liability with coverage for bodily injury for
property damage. Upon request from the other Party, each Party shall provide to
the other Party evidence of such insurance (which may be provided through a
program of self insurance).
20.14 End User Repair Calls. The Parties will employ the following
procedures for handling misdirected repair calls:
20.14.1 In answering repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use these repair calls as
the basis for internal referrals or to solicit customers to market services.
Either Party will respond with factual information in answering customer
questions.
20.14.2 Each Party will notify its customers as to the correct
telephone numbers to call in order to access its repair bureaus.
20.14.3 To the extent possible, where the correct local exchange
carrier can be determined, misdirected repair calls to one Party will be
immediately referred to the other Party, as appropriate in a courteous manner,
at no charge.
20.14.4 The Parties will provide their respective repair contact
numbers to one another on a reciprocal basis.
40
21.0 TERM AND TERMINATION
21.1 The initial term of this Agreement shall be three (3) years (the
"Term") which shall commence on the Effective Date. Absent the receipt by one
Party of written notice from the other Party at least sixty (60) days prior to
the expiration of the Term to the effect that such Party does not intends to
extend the Term of this Agreement, this Agreement shall automatically renew and
remain in full force and effect on and after the expiration of the Term until
terminated by either Party as set forth before.
21.1.1 If pursuant to Section 21.1 the Agreement continues in full force
and effect after the expiration of the Term, either Party may terminate the
Agreement ninety (90) days after delivering written notice to the other Party of
the intention to terminate this Agreement. Neither Party shall have any
liability to the other Party for termination of this Agreement pursuant to this
Section 21.1 other than to pay to the other Party any amounts owed under this
Agreement.
21.2 Upon termination or expiration of this Agreement in accordance with
this Section 21.0:
(a) each Party shall comply immediately with its obligations set
forth in Section 29.6.3;
(b) each Party shall promptly pay all amounts (including any late
payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive
termination or expiration of this Agreement; and
(d) each Party shall continue to perform its obligations and provide
its services described herein until such time as a survivor Agreement
between the Parties is entered into; provided, however, that the Parties
may mutually agree to renegotiate the rates, fees and charges herein to
reflect any costs or expenses associated with the transfer, renewal or
termination of this Agreement.
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
41
23.0 CANCELLATION CHARGES
Except as provided in Sections 9.6.4 and 19.4 and pursuant to a Network
Element Bona Fide Request, or as otherwise provided in any applicable tariff or
contract referenced herein, no cancellation charges shall apply.
24.0 NON-SEVERABILITY
24.1 The services, arrangements, Interconnection, Network Elements, terms
and conditions of this Agreement were mutually negotiated by the Parties as a
total arrangement and are intended to be non-severable, subject only to Section
29.14 of this Agreement.
24.2 Nothing in this Agreement shall be construed as requiring or
permitting either Party to contravene any mandatory requirement of federal or
state law, or any regulations or orders adopted pursuant to such law.
25.0 INDEMNIFICATION
25.1 Each party (the "Indemnifying Party") shall indemnify and hold
harmless the other party ("Indemnified Party") from and against loss, cost,
claim liability, damage, and expense (including reasonable attorney's fees) to
third parties for:
(1) damage to tangible personal property or for personal injury
proximately caused by the negligence or willful misconduct of the
Indemnifying Party, its employees, agents or contractors; and
(2) claims for libel, slander, infringement of copyright arising
from the Indemnifying Party's own communications or the communications of
such Indemnifying Party's Customers transmitted over the Indemnified
Party's facilities; and
(3) claims for infringement of patents arising from combining the
Indemnified Party's facilities or services with, or the using of the
Indemnified Party's services or facilities in connection with, facilities
of the Indemnifying Party.
Notwithstanding this indemnification provision or any other provision in
the Agreement, neither Party, nor its parent, subsidiaries, affiliates, agents,
servants, or employees shall be liable to the other for "Consequential Damages"
as that term is described in Section 26.3 below.
42
25.2 The Indemnified Party will notify the Indemnifying Party promptly in
writing of any claims, lawsuits, or demands by third parties for which the
Indemnified Party alleges that the Indemnifying Party is responsible under this
Section, and, if requested by the Indemnifying Party, will tender the defense of
such claim, lawsuit or demand.
(1) In the event the Indemnifying Party does not promptly assume or
diligently pursue the defense of the tendered action, then the Indemnified
Party may proceed to defend or settle said action and the Indemnifying
Party shall hold harmless the Indemnified Party from any loss, cost
liability, damage and expense.
(2) In the event the Party otherwise entitled to indemnification
from the other elects to decline such indemnification, then the Party
making such an election may, at its own expense, assume defense and
settlement of the claim, lawsuit or demand.
(3) The parties will cooperate in every reasonable manner with the
defense or settlement of any claim, demand, or lawsuit.
26.0 LIMITATION OF LIABILITY
26.1 Except for the indemnity obligations under Section 25.0, each Party's
liability to the other Party for any Loss relating to or arising out of any
negligent act or omission in its performance of this Agreement, whether in
contract or tort, shall be limited to the total amount that is or would have
been charged to the other Party by such negligent or breaching Party for the
services or functions not performed or improperly performed.
26.2 Except as otherwise provided in Section 25.0, no Party shall be
liable to the other Party for any Loss, defect or equipment failure caused by
the conduct of the other Party, the other Party's agents, servants, contractors
or others acting in aid or concert with the other Party, except for gross
negligence or willful misconduct.
26.3 In no event shall either Party have any liability whatsoever to the
other Party for any indirect, special, consequential, incidental or punitive
damages, including but not limited to loss of anticipated profits or revenue or
other economic loss in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even if the other Party
has been advised of the possibility of such damages.
43
27.0 PERFORMANCE STANDARDS AND REPORTING REQUIREMENTS
27.1 Performance Standards
NYNEX shall provision, install, maintain, repair and monitor all services,
Interconnection facilities, unbundled elements, Collocation elements, and all
other Interconnection arrangements, facilities and services ordered by NEFC, at
the same level of quality which NYNEX provides to itself or any other party.
NYNEX shall provide to NEFC the same level of transmission quality, reliability,
maintenance, repair, installation, and other service characteristics, including
reporting of results, that it provides to any other party, whether pursuant to
written agreement or informal or formal practice. NYNEX shall upon request
provide NEFC with complete information about all such performance arrangements
and understandings. Such information may be provided pursuant to mutually
acceptable confidentiality agreements where the underlying information is
treated as confidential by the NYNEX customer/user, provided that such
confidentiality claims are not applied in such a way as to deny NEFC essential
information concerning the performance standards agreed upon by NYNEX and the
customer/user.
Schedule 27.1 sets forth NYNEX's minimum performance standards for
unbundled link and Interim Number Portability installation and unbundled link
out-of-service repairs. Schedule 27.1 (A) sets forth the service quality
standards that NEFC will meet.
27.2 Reporting Requirements
NYNEX shall provide NEFC, on a quarterly basis, the information listed in
Schedule 27.2. Such information shall be provided not more than thirty (30) days
after the close of a calendar month. NYNEX shall also report its performance
level as stated on Schedule 27.2 that is provided to (1) NEFC; (2) all
Telecommunication Carriers and (3) any NYNEX owned affiliates. NYNEX shall
explain any deviation between the performance provided to NEFC and that provided
to any of these three categories of customers/users, and indicate what steps
shall be taken to eliminate any deficiencies between the service provided to
NEFC and that provided to one or more of these other customers/users. NYNEX
shall also offer to provide to NEFC comparable quality and performance reports
and measurements to those that it provides to any other customers, specifying as
to NEFC's services the same types of information, and at the same intervals,
that it provides to these other customers.
28.0 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be filed with
the PUC and may thereafter be filed with the FCC. Each Party covenants and
agrees to fully support approval of this Agreement by the PUC or the FCC under
Section 252 of the Act subject to: (1) either Party's rights under Section 29.14
of this Agreement; (2) at the
44
option of either Party, to avail itself of any rules or requirements adopted by
the PUC or the FCC in implementing the Telecommunications Act of 1996, including
but not limited to the FCC's rulemaking in the Matter of Implementation of the
Local Competition Provisions in the Telecommunications Act of 1996, FCC Docket
No. 96-98, which materially affect the matters covered by this Agreement; and
(3) either Party's right to bring an action in Federal district court pursuant
to Section 252(e)(6) of the Act. In the event either Party elects to avail
itself of any such rules or requirements, the Parties agree to meet and
negotiate in good faith to arrive at mutually acceptable modifications of this
Agreement. The Parties, however, reserve the right to seek regulatory relief and
otherwise seek redress from each other regarding performance and implementation
of this Agreement. In the event the PUC or FCC rejects this Agreement in whole
or in part, the Parties agree to meet and negotiate in good faith to arrive at a
mutually acceptable modification of the rejected portion(s) provided that such
rejected portion(s) shall not affect the validity of the Remainder of this
Agreement.
This Agreement is subject to change, modification or cancellation as may be
required by a regulatory authority or court in the exercise of its lawful
jurisdiction. In the event such a modification or cancellation is required, the
Parties agree to arrive at mutually acceptable modifications or cancellations.
29.0 MISCELLANEOUS
29.1 Authorization.
29.1.1 New England Telephone and Telegraph Company is a corporation
duly organized, validly existing and in good standing under the laws of the
State of New York and has full power and authority to execute and deliver this
Agreement and to perform its obligations hereunder, subject to necessary
regulatory approval.
29.1.2 NEFC is a limited liability company duly organized, validly
existing and in good standing under the laws of the State of Delaware and has
full power and authority to execute and deliver this Agreement and to perform
its obligations hereunder, subject to necessary regulatory approval.
29.2 Compliance. Each Party shall comply with all applicable federal,
state, and local laws, rules, and regulations applicable to its performance
under this Agreement.
29.3 Compliance with the Communications Assistance for Law Enforcement Act
of 1994 ("CALEA"). Each Party represents and warrants that any equipment,
facilities or services provided to the other Party under this Agreement comply
with CALEA. Each Party shall indemnify and hold the other Party harmless from
any and all penalties imposed upon the other Party for such noncompliance and
shall at the non-compliant Party's sole cost and expense, modify or replace any
equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply
with CALEA.
45
29.4 Independent Contractor. Neither this Agreement, nor any actions taken
by NYNEX or NEFC in compliance with this Agreement, shall be deemed to create an
agency or joint venture relationship between NEFC and NYNEX, or any relationship
other than that of purchaser and seller of services.
Neither this Agreement, nor any actions taken by NYNEX or NEFC in
compliance with this Agreement, shall create a contractual, agency, or any other
type of relationship or third party liability between NYNEX and NEFC's end
users.
29.5 Force Majeure. Neither Party shall be liable for any delay or failure
in performance of any part of this Agreement from any cause beyond its control
and without its fault or negligence including, without limitation, acts of
nature, acts of civil or military authority, government regulations, embargoes,
epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, floods, work stoppages, equipment failure, power blackouts,
volcanic action, other major environmental disturbances, unusually severe
weather conditions, inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event").
If any force majeure condition occurs, the Party delayed or unable
to perform shall give immediate notice to the other Party and shall take all
reasonable steps to correct the force majeure condition. During the pendency of
the force majeure, the duties of the Parties under this Agreement affected by
the force majeure condition shall be abated and shall resume without liability
thereafter.
29.6 Confidentiality.
29.6.1 Any information such as specifications, drawings, sketches,
business information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party") that is
furnished or made available or otherwise disclosed to the other Party or any of
its employees, contractors, agents or Affiliates (its "Representatives" and with
a Party, a "Receiving Party") pursuant to this Agreement ("Proprietary
Information") shall be deemed the property of the Disclosing Party. Proprietary
Information, if written, shall be marked "Confidential" or "Proprietary" or by
other similar notice, and, if oral or visual, shall be confirmed in writing as
confidential by the Disclosing Party to the Receiving Party within ten (10) days
after disclosure. Unless Proprietary Information was previously known by the
Receiving Party free of any obligation to keep it confidential, or has been or
is subsequently made public by an act not attributable to the Receiving Party,
or is explicitly agreed in writing not to be regarded as confidential, it (a)
shall be held in confidence by each Receiving Party; (b) shall be disclosed to
only those persons who have a need for it in connection with the provision of
services required to fulfill this Agreement and shall be used only for such
purposes; and (c) may be used for other purposes only upon such terms and
conditions as may be mutually agreed to in advance of use in writing by the
Parties.
46
Notwithstanding the foregoing sentence, a Receiving Party shall be entitled to
disclose or provide Proprietary Information as required by any governmental
authority or applicable law only in accordance with Section 29.6.2.
29.6.2 If any Receiving Party is required by any governmental
authority or by applicable law to disclose any Proprietary Information, then
such Receiving Party shall provide the Disclosing Party with written notice of
such requirement as soon as possible and prior to such disclosure. The
Disclosing Party may then either seek appropriate protective relief from all or
part of such requirement or, if it fails to successfully do so, it shall be
deemed to have waived the Receiving Party's compliance with Section 29.6 with
respect to all or part of such requirement. The Receiving Party shall use all
commercially reasonable efforts to cooperate with the Disclosing Party in
attempting to obtain any protective relief which such Disclosing Party chooses
to obtain.
29.6.3 In the event of the expiration or termination of this
Agreement for any reason whatsoever, each Party shall return to the other Party
or destroy all Proprietary Information and other documents, work papers and
other material (including all copies thereof) obtained from the other Party in
connection with this Agreement and shall use all reasonable efforts, including
instructing its employees and others who have had access to such information, to
keep confidential and not to use any such information, unless such information
is now, or is hereafter disclosed, through no act, omission or fault of such
Party, in any manner making it available to the general public.
29.7 Governing Law. For all claims under this Agreement that are based
upon issues within the jurisdiction (primary or otherwise) of the FCC, the
exclusive jurisdiction and remedy for all such claims shall be as provided for
by the FCC and the Act. For all claims under this Agreement that are based upon
issues within the jurisdiction (primary or otherwise) of the PUC, the exclusive
jurisdiction for all such claims shall be with the PUC, and the exclusive remedy
for such claims shall be as provided for by such PUC. In all other respects,
this Agreement shall be governed by the domestic laws of the State of Maine
without reference to conflict of law provisions.
29.8 Taxes. Each Party purchasing services hereunder shall pay or
otherwise be responsible for all federal, state, or local sales, use, excise,
gross receipts, transaction or similar taxes, fees or surcharges levied against
or upon such purchasing Party (or the providing Party when such providing Party
is permitted to pass along to the purchasing Party such taxes, fees or
surcharges), except for any tax on either Party's corporate existence, status or
income. Whenever possible, these amounts shall be billed as a separate item on
the invoice. To the extent a sale is claimed to be for resale tax exemption, the
purchasing Party shall furnish the providing Party a proper resale tax exemption
certificate as authorized or required by statute or regulation by the
jurisdiction providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being available to
the purchasing Party.
47
29.9 Non-Assignment. This Agreement shall be binding upon every subsidiary
and affiliate of either Party that is engaged in providing telephone exchange
and exchange access services in the State of Maine and shall continue to be
binding upon all such entities regardless of any subsequent change in their
ownership. Each Party covenants that, if it sells or otherwise transfers to a
third party its telephone exchange and exchange access network facilities within
the State of Maine, or any portion thereof, to a third party, it will require as
a condition of such transfer that the transferee agree to be bound by this
Agreement with respect to services provided over the transferred facilities.
Except as provided in this paragraph, neither Party may assign or transfer
(whether by operation of law or otherwise) this Agreement (or any rights or
obligations hereunder) to a third party without the prior written consent of the
other Party which consent will not be unreasonably withheld; provided that
either Party may assign this Agreement to a corporate Affiliate or an entity
under its common control or an entity acquiring all or substantially all of its
assets or equity by providing prior written notice to the other Party of such
assignment or transfer. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing,
this Agreement shall be binding upon and shall inure to the benefit of the
Parties' respective successors and assigns.
29.10 Non-Waiver. Failure of either Party to insist on performance of any
term or condition of this Agreement or to exercise any right or privilege
hereunder shall not be construed as a continuing or future waiver of such term,
condition, right or privilege.
29.11 Disputed Amounts.
29.11.1 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a bona fide dispute between the
Parties, the Party billed (the "Non-Paying Party") shall within thirty (30) days
of its receipt of the invoice containing such disputed amount give notice to the
Billing Party of the amounts it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The
Non-Paying Party shall pay when due all undisputed amounts to the Billing Party.
29.11.2 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and
one-half percent (1-1/2%) per month or (ii) the highest rate of interest that
may be charged under applicable law.
29.11.3 If the Parties are unable to resolve issues related to the
Disputed Amounts within forty-five (45) days, then either Party may file a
complaint with the PUC to resolve such issues or proceed with any other remedy
pursuant to law or equity. If such a filing is made with the PUC by either
Party, the Non-Paying Party shall pay all Disputed Amounts into an interest
bearing escrow account with a third Party escrow agent mutually agreed upon by
the Parties. The PUC may direct payment of any or all funds (including any
accrued interest) plus applicable late fees, to be paid to either Party.
48
29.11.4 The Parties agree that all negotiations pursuant to this
Section 29.11 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence.
29.12 Notices. Notices given by one Party to the other Party under this
Agreement shall be in writing and shall be (a) delivered personally, (b)
delivered by express delivery service, (c) mailed, certified mail or first class
U.S. mail postage prepaid, return receipt requested or (d) delivered by telecopy
to the following addresses of the Parties:
To NEFC
New England Fiber Communications, L.L.C.
000 Xxxxx Xxxx Xxxx Xxxxx
Xxxx xxx Xxxxxxx, XX 00000
Attn: President
Facsimile: (000) 000-0000
To NYNEX:
NYNEX
0000 Xxxxxx xx Xxxxxxxx
00xx Xxxxx
Xxx Xxxx XX 00000
Attn: Vice President - Wholesale Markets
Facsimile: (000) 000-0000
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next business day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail or (iv) on the date set forth on the confirmation in the
case of telecopy.
29.13 Publicity and Use of Trademarks or Service Marks. Neither Party nor
its subcontractors or agents shall use the other Party's trademarks, service
marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party's
prior written consent.
29.14 Section 252(i) Obligations. Consistent with FCC rules, if either
Party enters into an agreement approved by the PUC or FCC pursuant to Section
252 of the Act which provides for the provision in the State of Maine of
arrangements covered in this Agreement to another requesting Telecommunications
Carrier (the "Other Agreement"), including itself or its affiliate, such Party
shall make available to the other Party such arrangements upon the same rates,
terms and conditions as those provided in the Other
49
Agreement. Provided however, that upon proper notification from NEFC, NYNEX
shall make available without unreasonable delay to NEFC any form of
Interconnection, service, or network element contained in any agreement to which
it is a Party that is approved by any state commission in the NYNEX operating
territory pursuant to Section 252, if such arrangement is technically feasible
in the State of Maine, and will negotiate in good faith with NEFC the rates,
terms, and conditions that will be applicable in the State of Maine.
29.15 Joint Work Product. This Agreement is the joint work product of the
Parties and has been negotiated by the Parties and their respective counsel and
shall be fairly interpreted in accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either Party.
29.16 No Third Party Beneficiaries; Disclaimer of Agency. This Agreement
is for the sole benefit of the Parties and their permitted assigns, and nothing
herein express or implied shall create or be construed to create any third-party
beneficiary rights hereunder. Except for provisions herein expressly authorizing
a Party to act for another, nothing in this Agreement shall constitute a Party
as a legal representative or agent of the other Party, nor shall a Party have
the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name of or on
behalf of the other Party unless otherwise expressly permitted by such other
Party. Except as otherwise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party, whether regulatory or
contractual, or to assume any responsibility for the management of the other
Party's business.
29.17 No License. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and restrictions of this Agreement) is granted by
either Party or shall be implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
29.18 Technology Upgrades. Nothing in this Agreement shall limit NYNEX's
ability to upgrade its network through the incorporation of new equipment, new
software or otherwise. NYNEX shall provide NEFC written notice at least ninety
(90) days prior to the incorporation of any such upgrades in NYNEX's network
which will materially impact NEFC service. NEFC shall be solely responsible for
the cost and effort of accommodating such changes in its own network.
29.19 Alternate Dispute Resolution.
29.19.1 If a dispute arises between NYNEX and NEFC during the term
of the Agreement, the following process, which shall be overseen by the
Commission, shall be followed to resolve such dispute:
a) The Parties shall have an initial thirty (30) day period beginning from
the date on which either Party has provided written notice to the other Party
identifying the
50
existence of a dispute and seeking to resolve it, within which to resolve the
dispute themselves, without meditation or arbitration as provided below.
b) If the dispute is not resolved within such thirty (30) day period,
either Party may petition the Commission to request mediation. The period of
meditation shall be sixty (60) days commencing on the date of filing of such
petition for meditation. Such petition shall include a request to the Commission
to choose a mediator within the first ten (10) days of such sixty (60) day
period, and the mediation shall be conducted by a mediator designated by the
Commission. The Parties shall cooperate in good faith with the mediator to
resolve the dispute within such sixty (60) day period. If, at any date following
the forty-fifth (45) day of such sixty (60) day period, the Parties have not
resolved their dispute, the mediator may formally declare a deadlock.
c) Following the earlier to occur of (x) expiration of the sixty (60) day
mediation period without resolution of the dispute between the Parties or (y)
formal declaration of a deadlock by the mediator as contemplated in preceding
paragraph (b), either Party may petition the Commission for arbitration. The
period of arbitration shall be seventy (70) days commencing on the date of
filing of such petition for arbitration. Such petition shall include a request
to the Commission to choose an arbitrator within the first ten (10) days of such
seventy (70) day period, and the arbitration shall be conducted by a arbitrator
designated by the Commission.
29.19.2 In the event that NYNEX and NEFC must enter into the dispute
resolution process described above, both Parties shall share equally the expense
to the Commission of such process. However, if in the Commission's judgment, one
Party's claim is particularly and/or consistently frivolous, then the Commission
may determine that such Party should bear such expense.
29.19.3 In the event that a dispute requires resolution sooner than
provided by the dispute resolution process described above, either party may
seek resolution in any other appropriate forum.
29.20 Survival. The Parties' obligations under this Agreement which by
their nature are intended to continue beyond the termination or expiration of
this Agreement shall survive the termination or expiration of this Agreement,
including without limitation, Sections 22.0, 25.0, 26.0, 29.3, 29.6, 29.11,
29.13 and 29.17.
29.21 Scope of Agreement. This Agreement is intended to describe and
enable specific Interconnection and access to unbundled Network Elements and
compensation arrangements between the Parties. This Agreement does not obligate
either Party to provide arrangements not specifically provided for herein.
29.22 Entire Agreement. The terms contained in this Agreement and any
Schedules, Exhibits, tariffs and other documents or instruments referred to
herein, which are incorporated into this Agreement by this reference, constitute
the entire agreement
51
between the Parties with respect to the subject matter hereof, superseding all
prior understandings, proposals and other communications, oral or written.
Neither Party shall be bound by any preprinted terms additional to or different
from those in this Agreement that may appear subsequently in the other Party's
form documents, purchase orders, quotations, acknowledgments, invoices or other
communications. This Agreement may only be modified by a writing signed by an
officer of each Party.
29.23 Power and Authority. Each Party has full power and authority to
enter into and perform this Agreement, and the person signing this Agreement on
behalf of each has been properly authorized and empowered to enter into this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed as of this 17th day of July, 1997.
NEW ENGLAND FIBER NYNEX
COMMUNICATIONS, L.L.C.
By: /s/ Xxxxxxx X. Xxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
--------------------------- -----------------------------------
Printed: Xxxxxxx X. Xxxxxxx Printed: Xxxxx X. Xxxxxxxx
Title: President-Eastern Region Title: Vice President-Wholesale Markets
52
SCHEDULE 1.0
CERTAIN TERMS AS DEFINED IN THE ACT
"Affiliate" means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control with, another
person. For purposes of this paragraph, the term "own" means to own an equity
interest (or the equivalent thereof) of more than ten percent (10%).
"Dialing Parity" means that a person that is not an Affiliate of a LEC is
able to provide Telecommunications Services in such a manner that Customers have
the ability to route automatically, without the use of any access code, their
Telecommunications to the Telecommunications Services provider of the Customer's
designation from among two (2) or more Telecommunications Services providers
(including such LEC).
"Exchange Access" means the offering of access to Telephone Exchange
Services or facilities for the purpose of the origination or termination of
Telephone Toll Services.
"InterLATA Service" means Telecommunications between a point located in a
local access and transport area and a point located outside such area.
"Local Access and Transport Area" or "LATA" means a contiguous geographic
area: (a) established before the date of enactment of the Act by a Xxxx
operating company such that no Exchange Area includes points within more than
one (1) metropolitan statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under the AT&T Consent Decree; or
(b) established or modified by a Xxxx operating company after such date of
enactment and approved by the FCC.
"Local Exchange Carrier" means any person that is engaged in the provision
of Telephone Exchange Service or Exchange Access. Such term does not include a
person insofar as such person is engaged in the provision of a commercial mobile
service under Section 332(c) of the Act, except to the extent that the FCC finds
that such service should be included in the definition of such term.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing, or other provision
of a Telecommunications Service.
"Number Portability" means the ability of users of telecommunications
services to retain, at the same location, existing telecommunications numbers
without impairment of
quality, reliability, or convenience when switching from one telecommunications
carrier to another.
"Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Communications
Act).
"Telecommunications Service" means the offering of Telecommunications for
a fee directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means (a) service within a telephone exchange
within a connected system of telephone exchanges within the same exchange area
operated to furnish subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the exchange
service charge, or (b) comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service.
"Telephone Toll Service" means telephone service between stations in
different exchange areas for which there is made a separate charge not included
in contracts with subscribers for exchange service.
2
SCHEDULE 4.0 Network Interconnection Schedule*
LATA NYNEX N-IP NEFC B-IP ACTIVATION DATE
120 PTLDMEFODSO
PTLDMEFOO3T
PTLDMEF01GT
* Information to be provided by the Parties at a date determined by the
Parties.
SCHEDULE 8.2 NYNEX Intervals for Installation
Service Order Standard Intervals
Number of Standard Interval
DS1Systems (Business Days)
Establishment of New Trunk Groups
1-10 60
over 10 negotiated
Additions to Existent Trunk Groups
1-4 30
over 4 negotiated
SCHEDULE 27.1 NYNEX Performance Targets1
ACTIVITY PERFORMANCE TARGETS
1. Unbundled Link Installation
a) New Link Installation:
i) Order for Installation < 10 links 5 business days(1)
No Available Facilities Reappoint installation date
ii)Order for Installation => 10 links
Facilities Confirmation 5 business days(1)
If Available Facilities
< 20 links 10 business days from
Facilities Confirmation
=> 20 links negotiated interval(2)
b) "Hot Cutover" Installation
i) Order for Installation < 10 links 5 businesss days
ii) Order for Installation => 10 links negotiated interval(2)
2. Interim Number Portability Installation
i) Order for Installation < 10 numbers 5 businesss days
ii) Order for Installation => 10 numbers negotiated interval(2)
3. Out-of-Service Repairs Less than 24 hours from
NYNEX's Receipt of
Notification of Out-of-
Service Condition
* Subject to the following percentage limitations:
1st half of Agreement 2nd half of Agreement
Period Period
65% 70%
----------
(1) The Parties agree to use a five (5) business day interval. At a future time
mutally agreed to by the Parties, the installation interval will be a SMARTS
CLOCK interval.
(2) NYNEX will provide the same negotiated intervals it provides to any carrier,
Customer or Parties that are similarly situated.
SCHEDULE 27.1 (A)
NEFC
Service Quality Criteria
1 New Unbundled Link (SVGALS) Orders
1.0 ANI to NEFC number, verification successful from DEMARC by NYNEX field
technician.
1.1 All order information submitted by NEFC is valid (e.g. street address,
end user LCON, floor/unit number, cable pair assignment)
1.2 Customer (end user) available at appointed date.
1.3 Orders completed as submitted without cancellation after FOC
2 Hot Cut Unbundled Link (SVGALS) Orders
2.0 Verifiable NEFC dial tone at POT bay testable by NYNEX through
appropriate tie cable pair as provided by NEFC on the service request.
2.1 Accurate account and end user information submitted on service request
2.3 Accurate SVGAL tie cable and pair assignment provided by NEFC on
service request
2.4 Orders completed as submitted without cancellation after FOC
PRICING SCHEDULE A
I. Reciprocal Compensation for local traffic shall equal the rate set forth
below. Such rate shall be:
Rate = $.008 per minute
The rate for Reciprocal Compensation is to be adjusted bi-annually based
upon the rates and formula set forth in this Pricing Schedule. The first
adjustment shall occur six (6) months after traffic is exchanged between the
Parties and future adjustments every six months thereafter.
Reciprocal Compensation for IntraLATA Toll traffic shall equal each
Party's effective applicable tariffed IntraLATA switched access rates.
II. Information Services Billing and Collection
Fee = $.05 per message
EMR = $.00415 per record charge
III. Transit Service (Tandem Transit Service)
A. Transit Service
Rate = $.0035 per minute
B. Dedicated Transiting Service
Rate = twice the applicable charge for a collocated channel
termination
IV. Interim Telecommunications Number Portability
A. Monthly Recurring Charges
Rate per Business Number = $2.00
Rate per Residential Number = $1.00
No additional recurring charges shall apply for interim number
portability, including additional per-path, per-port, or usage-related charges,
except for third party and collect calls.
B. Non-recurring charge
Rate = $20.00 per ported number
Non-recurring charges only apply when interim number portability is
ordered separately from an unbundled link.
V. IntraLATA 800/888
Reciprocal Compensation (refer to I above).
Compensation for records exchanged = $.00415 per record
800 database inquiry = $.003981 per database inquiry
VI. Directory Assistance and Operator Services
(A) Directory Assistance Services
(1) Directory Assistance
Per Request
-----------
Each Request for Information per one telephone
number, with NYNEX branding $0.322250
Each Request for Information per one telephone
number, with NEFC branding $0.322250
Each Request for Information per one telephone
number, without branding $0.268541
Branding surcharge per call (if applicable) $0.053709
(2) Directory Assistance Call
Completion (DACC) #:
Each Request for Information per one telephone
number, with NEFC branding or with NYNEX
branding plus call completion $0.500138
Each Request for Information per one telephone
number, without branding plus call completion $0.446429
DACC Surcharge per call $0.177888
2
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
Record Charges
EMR format - per record charge $.004150
(4) Direct Access to Directory Assistance (DADA)
Monthly Access Charge $4000
Each Search Request $0.038
Rate
----
(B) Inward Operator Services#
(1) BLV
- Per work second $0.034465
(2) BLV/I
- Per work second $0.034465
(3) Branding surcharge per call
(if applicable) $0.053709
(C) 0+/Mechanized Operator Calls #
(1) Calling Card
- Per request $0.116585
(2) Collect
- Per request $0.131100
(3) Third Number
- Per request $0.131100
(4) Branding surcharge per call
(if applicable) $0.053709
# These rates are in addition to the UTTC, TTSC &
UNRCC or UCRCC charges.
(D) 0- Operator Handled Calls #
(1) Per work second $0.013043
(2) Branding surcharge per call
(if applicable) $0.053709
3
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC
charges.
(E) Operator Emergency Bulletin Service
- Per State Bulletin, per year $17.80
Recurring Non-recurring
--------- -------------
(F) TOPS Trunk Ports $14.53 $147.87
Service Access Charge
-Per TOPS Port $1.81 N/A
(G) IOF mileage for Dedicated
Trunk Transport $126.35 $470.98
Mileage Charge, per mile
per month $0.73
Peak Off-Peak
---- --------
Digital Trunk Port Usage / Shared
- per MOU $0.001965 $0.000436
Peak Off-Peak
---- --------
Unbundled Local Switching
- per MOU $0.008689 $0.004565
Unbundled Tandem Transport (UTTC)
- per MOU $.001780 $.000400
Tandem Transit Switching (TTSC)
- per MOU $0.008642 $0.002702
NYNEX Reciprocal Compensation (UNRCC)
- per MOU $0.010654 $0.005001
NEFC Reciprocal Compensation (UCRCC)
- per MOU $0.010654 $0.005001
VII. UNBUNDLED NETWORK ELEMENT
NYNEX
ELEMENT ZONE PRICE
------- ---- -----
2W ANALOG LINK URBAN $12.67
SUBURBAN $15.59
4
RURAL $23.00
STATEWIDE $17.53
4W ANALOG LINK URBAN $38.31
SUBURBAN $43.17
RURAL $72.54
STATEWIDE $52.46
2W LINK CONDITIONED URBAN $28.66
FOR DIGITAL SUBURBAN $29.37
RURAL $70.38
STATEWIDE $43.79
4W LINK CONDITIONED URBAN $148.20
FOR DIGITAL SUBURBAN $157.42
RURAL $392.52
STATEWIDE $238.84
NETWORK INTERFACE URBAN $0.72 (See NoteA)
DEVICE SUBURBAN $0.72
2W ANALOG LINK RURAL $0.72
STATEWIDE $0.72
NETWORK INTERFACE URBAN $0.86
DEVICE SUBURBAN $0.86
4W ANALOG LINK RURAL $0.86
STATEWIDE $0.86
NETWORK INTERFACE URBAN $0.72
DEVICE SUBURBAN $0.72
2W LINK CONDITIONED RURAL $0.72
FOR DIGITAL STATEWIDE $0.72
NETWORK INTERFACE URBAN $0.86
DEVICE SUBURBAN $0.86
4W LINK CONDITIONED RURAL $0.86
FOR DIGITAL STATEWIDE $0.86
LOCAL SWITCHING URBAN $2.24
ANALOG PORT SUBURBAN $2.07
RURAL $1.82
LOCAL SWITCHING URBAN $3.08
DIGITAL PORT SUBURBAN $2.87
RURAL $2.68
5
LOCAL SWITCHING URBAN $26.55
ISDN-BRI PORT SUBURBAN $30.84
RURAL $29.11
LOCAL SWITCHING URBAN $6.96
DIGITAL TRUNK PORT SUBURBAN $6.77
RURAL $7.35
LOCAL SWITCHING URBAN $412.80
ISDN-PRI PORT SUBURBAN $371.84
RURAL $371.84
LOCAL SWITCHING URBAN $0.000863
TRUNK PORT PER MOU SUBURBAN $0.000904
DAY RURAL $0.000925
LOCAL SWITCHING URBAN $0.001096
TRUNK PORT PER MOU SUBURBAN $0.001149
EVENING RURAL $0.001176
LOCAL SWITCHING URBAN $0.000000
TRUNK PORT PER MOU SUBURBAN $0.000000
NIGHT RURAL $0.000000
LOCAL SWITCHING URBAN $0.003197
USAGE PER MOU SUBURBAN $0.005262
DAY RURAL $0.009101
LOCAL SWITCHING URBAN $0.003871
USAGE PER MOU SUBURBAN $0.006074
EVENING RURAL $0.010106
LOCAL SWITCHING URBAN $0.000707
USAGE PER MOU SUBURBAN $0.002263
NIGHT RURAL $0.005389
LOCAL SWITCHING URBAN $0.7767
PORT ADDITIVE SUBURBAN $0.7767
CENTREX RURAL $0.7767
LOCAL SWITCHING URBAN $0.9267
PORT ADDITIVE SUBURBAN $0.9267
RINGMATE SVC. RURAL $0.9267
6
LOCAL SWITCHING URBAN $0.3451
PORT ADDITIVE SUBURBAN $0.3517
THREE-WAY CALLING RURAL $0.3300
TANDEM SWITHING
DIGITAL TRUNK ALL ZONES $6.86
COMMON TRUNK PER MOU ALL ZONES
DAY $0.003543
EVENING $0.004503
NIGHT $0.000000
USAGE PER MOU ALL ZONES
DAY $0.002971
EVENING $0.003221
NIGHT $0.002049
DEDICATED TRANSPORT ALL ZONES
OC-48 FIXED $8,976.19
OC-48 PER MILE $178.75
OC-12 FIXED $3,575.40
OC-12 PER MILE $74.59
OC-3 FIXED $1,455.74
OC-3 PER MILE $18.65
DS-3 FIXED $791.63
XX-0 XXX XXXX x0.00
XX-0 FIXED $103.27
DS-1 PER MILE $0.22
CO MUXING 3/1 $211.97
COMMON TRANSPORT ALL ZONES
USAGE
DAY $0.000886
EVENING $0.001127
NIGHT $0.000000
UNBUNDLED NETWORK ELEMENT
7
SIGNALING ALL ZONES
STP PER LINK $38.93
STP PER PORT $752.00
SCP "800" QUERY $0.001786
SCP LIDB QUERY $0.001394
EXTENDED LINK
URBAN $51.60
SUBURBAN $54.52
RURAL $61.93
STATEWIDE $56.46
NOTES
A. The Arbitrator's original decision on 11/6/96 for the NID was based on a
NYNEX adjusted price of $0.93 and a reduction of 24.7% resulting in a $0.70 NID
price. NYNEX's actual adjusted NID price is actually $0.97. A reduction of 25.7%
is then applied resulting in a final NID price of $0.72.
8
WHOLESALE DISCOUNTS
With NYNEX Provided
Operator Services
BUSINESS 18.78%
RESIDENCE 17.30%
With NEFC Provided
Operator Services
BUSINESS 20.25%
RESIDENCE 19.04%
9
PRICING SCHEDULE
Reciprocal Compensation Calculation
I. Time of Day Definitions - as specified in P.U.C. Me - No. 17, Section 6.6.4.
II. Base Rates - Per Minute of Use are as follows, subject to rates set forth in
applicable tariff or Statement Generally Available Terms and Conditions that
NYNEX may file and are approved by the P.U.C. and as amended from time to time.
Day Rate = $0.0098
Evening Rate = $0.0073
Night Rate = $0.0029
III. Formula for determining Reciprocal Compensation (%Day Traffic + % Evening
Traffic + % Night Traffic = 100% for each Party)
(NEFC -originated Day Minutes + NYNEX-originated Day Minutes) * Day
Rate / Total NEFC + NYNEX Minutes
+
(NEFC -originated Evening Minutes + NYNEX-originated Evening Minutes) *
Evening Rate / Total NEFC + NYNEX Minutes
+
(NEFC -originated Night Minutes + NYNEX-originated Night Minutes) *
Night Rate / Total NEFC + NYNEX Minutes
EXHIBIT A
NETWORK ELEMENT BONA FIDE REQUEST
1. Each Party shall promptly consider and analyze access to a new
unbundled Network Element with the submission of a Network Element Bona Fide
Request hereunder. The Network Element Bona Fide Request process set forth
herein does not apply to those services requested pursuant to Report & Order and
Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) P. 259 and n.603 or
subsequent orders.
2. A Network Element Bona Fide Request shall be submitted in writing and
shall include a technical description of each requested Network Element.
3. The requesting Party may cancel a Network Element Bona Fide Request at
any time, but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element Bona Fide Request up to the
date of cancellation.
4. Within ten (10) business days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
5. Except under extraordinary circumstances, within thirty (30) days of
its receipt of a Network Element Bona Fide Request, the receiving Party shall
provide to the requesting Party a preliminary analysis of such Network Element
Bona Fide Request. The preliminary analysis shall confirm that the receiving
Party will offer access to the Network Element or will provide a detailed
explanation that access to the Network Element is not technically feasible
and/or that the request does not qualify as a Network Element that is required
to be provided under the Act.
6. If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and otherwise qualifies under the Act, it shall
promptly proceed with developing the Network Element Bona Fide Request upon
receipt of written authorization from the requesting Party. When it receives
such authorization, the receiving Party shall promptly develop the requested
services, determine their availability, calculate the applicable prices and
establish installation intervals.
7. Unless the Parties otherwise agree, the Network Element Requested must
be priced in accordance with Section 252(d)(1) of the Act.
8. As soon as feasible, but not more than ninety (90) days after its
receipt of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party a
Network Element Bona Fide Request quote which will include, at a minimum, a
description of each Network Element, the availability, the applicable rates and
the installation intervals.
9. Within thirty (30) days of its receipt of the Network Element Bona Fide
Request. quote, the requesting Party must either confirm its order for the
Network Element Bona Fide Request pursuant to the Network Element Bona Fide
Request quote or seek arbitration by the PUC pursuant to Section 252 of the Act.
10. If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network Element
Bona Fide Request in good faith, or disputes a determination, or price or cost
quote, or is failing to act in accordance with Section 251 of the Act, such
Party may seek mediation or arbitration by the PUC pursuant to Section 252 of
the Act.
2
Schedule 27.2
Performance Measurement Reports
Schedule 27.2
---------------------------------------------------
Product: Resale - POTS
---------------------------------------------------
State: Maine by Market Area *
---------------------------------------------------
Time Period: (Monthly)
---------------------------------------------------
-------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------
All
Telecom. NYNEX &
Metric Carrier Carriers Affiliates
-------------------------------------------------------------------------------------
Provisioning
-------------------------------------------------------------------------------------
Number of Installation Orders
-------------------------------------------------------------------------------------
Average Interval - business days
-------------------------------------------------------------------------------------
% Complete w/in 5 Days - Residence
-------------------------------------------------------------------------------------
% Complete w/in 5 Days - Business
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
-------------------------------------------------------------------------------------
% Completed in 1 business day - Dispatch
-------------------------------------------------------------------------------------
% Completed in 1 business day - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 2 business days - Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 2 business days - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 3 business days - Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 3 business days - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 4 business days
-------------------------------------------------------------------------------------
% Completed w/in 5 business days
-------------------------------------------------------------------------------------
% Completed w/in 6 business days
-------------------------------------------------------------------------------------
% Installation Troubles w/in 7 Days
-------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
-------------------------------------------------------------------------------------
% Missed Appointment - Customer
-------------------------------------------------------------------------------------
Maintenance
-------------------------------------------------------------------------------------
Total Number of Troubles Reported
-------------------------------------------------------------------------------------
Customer Trouble Report Rate
-------------------------------------------------------------------------------------
% Missed Repair Appointments
-------------------------------------------------------------------------------------
Mean Time to Repair
-------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
-------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
-------------------------------------------------------------------------------------
% Out of Service > 24 Hours
-------------------------------------------------------------------------------------
% Cleared within 24 Hours
-------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
-------------------------------------------------------------------------------------
% CPE Troubles
-------------------------------------------------------------------------------------
% Subsequent Trouble Reports
-------------------------------------------------------------------------------------
% No Trouble Found
-------------------------------------------------------------------------------------
% No Access
-------------------------------------------------------------------------------------
Notes: 1.) Customer Trouble Report Rate excludes CPE and subsequents reports. 2)
Subsequents are additional calls on open troubles. 3.)Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
2
Comparability Reports for Resale
(Under development - separate reports for DS0, DS1, and DS3
---------------------------------------------------
Product: Resale - Specials
---------------------------------------------------
State: Maine By Market Area*
---------------------------------------------------
Time Period: (Monthly)
---------------------------------------------------
-------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------
All
Telecom. NYNEX &
Metric Carrier Carriers Affiliates
-------------------------------------------------------------------------------------
Provisioning
-------------------------------------------------------------------------------------
Number of Installation Orders
-------------------------------------------------------------------------------------
Average Interval business days
-------------------------------------------------------------------------------------
% Complete w/in 5 Days
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
-------------------------------------------------------------------------------------
% Completed in 1 business day - Dispatch
-------------------------------------------------------------------------------------
% Completed in 1 business day - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 2 business days - Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 2 business days - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 3 business days - Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 3 business days - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 4 business days
-------------------------------------------------------------------------------------
% Completed w/in 5 business days
-------------------------------------------------------------------------------------
% Completed w/in 6 business days
-------------------------------------------------------------------------------------
% Installation Troubles w/in 7 Days
-------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
-------------------------------------------------------------------------------------
% Missed Appointment - Customer
-------------------------------------------------------------------------------------
Maintenance
-------------------------------------------------------------------------------------
Total Number of Troubles Reported
-------------------------------------------------------------------------------------
Customer Trouble Report Rate
-------------------------------------------------------------------------------------
Mean Time to Repair
-------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
-------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
-------------------------------------------------------------------------------------
% Out of Service > 24 Hours
-------------------------------------------------------------------------------------
% Cleared within 24 Hours
-------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
-------------------------------------------------------------------------------------
% CPE Troubles
-------------------------------------------------------------------------------------
% Subsequent Trouble Reports
-------------------------------------------------------------------------------------
% No Trouble Found
-------------------------------------------------------------------------------------
% No Access
-------------------------------------------------------------------------------------
Notes: 1. Customer Trouble Report Rate excludes CPE and subsequents. 2.
Subsequents are additional calls on open troubles. 3. Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
3
Comparability Reports for Unbundled Elements - POTS
-------------------------------------------------------------
Product: Unbundled Elements - POTS (Dial Tone Services)
-------------------------------------------------------------
State: Maine- By Market Area*
-------------------------------------------------------------
Time Period: (Monthly)
-------------------------------------------------------------
-------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------
All
Telecom. NYNEX &
Metric Carrier Carriers Affiliates
-------------------------------------------------------------------------------------
Provisioning
-------------------------------------------------------------------------------------
Number of Installation Orders
-------------------------------------------------------------------------------------
Average Interval
-------------------------------------------------------------------------------------
% completed in 1 business day - Dispatch
-------------------------------------------------------------------------------------
% completed in 1 business day - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 2 business days - Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 2 business days - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 3 business days - Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 3 business days - No Dispatch
-------------------------------------------------------------------------------------
% Completed w/in 4 business days
-------------------------------------------------------------------------------------
% Completed w/in 5 business days
-------------------------------------------------------------------------------------
% Completed w/in 6 business days
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
-------------------------------------------------------------------------------------
% Installation Troubles w/in 7 Days
-------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
-------------------------------------------------------------------------------------
% Missed Appointment - Customer
-------------------------------------------------------------------------------------
Maintenance
-------------------------------------------------------------------------------------
Total Number of Troubles Reported
-------------------------------------------------------------------------------------
Customer Trouble Report Rate
-------------------------------------------------------------------------------------
Customer Trouble Report Rate - Loop
-------------------------------------------------------------------------------------
Customer Trouble Report Rate - CO
-------------------------------------------------------------------------------------
% Missed Repair Appointments
-------------------------------------------------------------------------------------
Mean Time to Repair - Loop Trouble
-------------------------------------------------------------------------------------
Mean Time to Repair - CO Trouble
-------------------------------------------------------------------------------------
% Out of Service > 4 Hours
-------------------------------------------------------------------------------------
% Out of Service > 12 Hours
-------------------------------------------------------------------------------------
% Out of Service > 24 Hours
-------------------------------------------------------------------------------------
% Cleared within 24 Hours
-------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
-------------------------------------------------------------------------------------
% Subsequent Trouble Reports
-------------------------------------------------------------------------------------
% CPE Troubles
-------------------------------------------------------------------------------------
% No Trouble Found
-------------------------------------------------------------------------------------
% No Access
-------------------------------------------------------------------------------------
Notes: 1.) Customer Trouble Report Rate excludes CPE and subsequents. 2.)
Subsequents are additional calls on open troubles. 3.) Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access. 4.) Other Unbundled elements include equivalent complex special services
requiring specialized circuit design
4
Comparability Reports for Unbundled Elements - Specials (Under
development - separate reports for DS0, DS1, and DS3
---------------------------------------------------
Product: Other Unbundled Elements - SPECIALS
---------------------------------------------------
State: Maine- By Market Area*
---------------------------------------------------
Time Period: (Monthly)
---------------------------------------------------
-------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------
All
Telecom. NYNEX &
Metric Carrier Carriers Affiliates
-------------------------------------------------------------------------------------
Provisioning
-------------------------------------------------------------------------------------
Number of Installation Orders
-------------------------------------------------------------------------------------
Average Interval - business days
-------------------------------------------------------------------------------------
% Complete w/in 5 Days - Dispatch
-------------------------------------------------------------------------------------
% Complete w/in 5 Days - No Dispatch
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
-------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
-------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
-------------------------------------------------------------------------------------
% Missed Appointment - Customer
-------------------------------------------------------------------------------------
Maintenance
-------------------------------------------------------------------------------------
Total Number of Troubles Reported
-------------------------------------------------------------------------------------
Customer Trouble Report Rate
-------------------------------------------------------------------------------------
Mean Time to Repair
-------------------------------------------------------------------------------------
% Out of Service > 4 hours
-------------------------------------------------------------------------------------
% Out of Service > 24 Hours
-------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
-------------------------------------------------------------------------------------
% Subsequent Trouble Reports
-------------------------------------------------------------------------------------
% CPE Troubles
-------------------------------------------------------------------------------------
% No Trouble Found
-------------------------------------------------------------------------------------
% No Access
-------------------------------------------------------------------------------------
Notes: 1.) Customer Trouble Report Rate excludes CPE and subsequents.
2.) Subsequents are additional calls on open troubles. 3.) Some
measures are an indicator of carrier performance, such as % no trouble
found, % CPE and % no access. 4.) Other Unbundled elements include
equivalent complex special services requiring specialized circuit design
5
Comparability Reports for Interconnection
-------------------------------------------
Product: Interconnection Trunks
-------------------------------------------
State: Maine- By Market Area*
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
--------------------------------------------------------------------------
Actual Service Performance
-----------------------------------
All
Telecom. NYNEX &
Metric Carrier Carriers Affiliates
--------------------------------------------------------------------------
Provisioning
--------------------------------------------------------------------------
Number of Installation Orders
--------------------------------------------------------------------------
Average Interval -business days
--------------------------------------------------------------------------
% Missed Appointment - NYNEX
--------------------------------------------------------------------------
% Installation Troubles w/in 30 days
--------------------------------------------------------------------------
% Missed Appointment - Customer
--------------------------------------------------------------------------
Maintenance
--------------------------------------------------------------------------
Total Number of Troubles Reported
--------------------------------------------------------------------------
Customer Trouble Report Rate
--------------------------------------------------------------------------
Mean Time to Repair
--------------------------------------------------------------------------
% Out of Service > 2 Hours
--------------------------------------------------------------------------
% Out of Service > 4 Hours
--------------------------------------------------------------------------
% Out of Service > 12 Hours
--------------------------------------------------------------------------
% Out of Service > 24 Hours
--------------------------------------------------------------------------
% Repeat Reports w/in 30 days
--------------------------------------------------------------------------
% Subsequent Trouble Reports
--------------------------------------------------------------------------
% No Trouble Found
--------------------------------------------------------------------------
Notes: 1.) Customer Trouble Report Rate excludes CPE and subsequents. 2.)
Subsequents are additional calls on open troubles. 3.) Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
6
APPENDIX 2
Appendix 2
SCHEDULE 4.0 Network Interconnection Schedule
LATA HARVARDNET-IP BA-IP Activation Date
XXX XXX XXX XXX
