Exhibit 10.17
General Terms and Conditions - Part A
Page 1
AGREEMENT
THIS AGREEMENT is made by and between BellSouth Telecommunications,
Inc., ("BellSouth"), a Georgia corporation, and Xxxxxxxxx.xxx, Inc.
("Xxxxxxxxx.xxx"), a Delaware corporation, and shall be deemed effective as of
NOVEMBER 5, 1999. This Agreement may refer to either BellSouth or Xxxxxxxxx.xxx.
or both as a "Party" or "Parties."
WITNESSETH
WHEREAS, BellSouth is a local exchange telecommunications company
authorized to provide telecommunications services in the states of Alabama,
Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South
Carolina, and Tennessee; and
WHEREAS, Xxxxxxxxx.xxx is an alternative local exchange
telecommunications company ("CLEC") authorized to provide telecommunications
services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, and Tennessee; and
WHEREAS, the Parties wish to resell BellSouth's telecommunications
services and/or interconnect their facilities, purchase network elements and
other services, and exchange traffic specifically for the purposes of fulfilling
their obligations pursuant to sections 251 and 252 of the Telecommunications Act
of 1996 ("the Act").
NOW THEREFORE, in consideration of the mutual agreements contained
herein, BellSouth and Xxxxxxxxx.xxx agree as follows:
1. PURPOSE
The Parties agree that the rates, terms and conditions contained
within this Agreement, including all Attachments, comply and conform
with each Parties' obligations under sections 251 and 252 of the Act.
The resale, access and interconnection obligations contained herein
enable Xxxxxxxxx.xxx to provide competing telephone exchange service
to residential and business subscribers within the territory of
BellSouth. The Parties agree that Xxxxxxxxx.xxx will not be considered
to have offered telecommunications services to the public in any state
within BellSouth's region until such time as it has ordered services
for resale or interconnection facilities for the purposes of providing
business and/or residential local exchange service to customers.
General Terms and Conditions - Part A
Page 2
2. TERM OF THE AGREEMENT
2.1 The term of this Agreement shall be two years, beginning NOVEMBER 5,
1999, and shall apply to the state(s) of Alabama, Florida, Georgia,
Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and
Tennessee. If as of the expiration of this Agreement, a Subsequent
Agreement (as defined in Section 2.2 below) has not been executed by
the Parties, this Agreement shall continue on a month-to-month basis
while a Subsequent Agreement is being negotiated. The Parties' rights
and obligations with respect to this Agreement after expiration shall
be as set forth in Section 2.4 below.
2.2 The Parties agree that by no later than one hundred and eighty (180)
days prior to the expiration of this Agreement, they shall commence
negotiations with regard to the terms, conditions and prices of resale
and/or local interconnection to be effective beginning on the
expiration date of this Agreement ("Subsequent Agreement").
2.3 If, within one hundred and thirty-five (135) days of commencing the
negotiation referred to in Section 2.2, above, the Parties are unable
to satisfactorily negotiate new resale and/or local interconnection
terms, conditions and prices, either Party may petition the Commission
to establish appropriate local interconnection and/or resale
arrangements pursuant to 47 U.S.C. 252. The Parties agree that, in
such event, they shall encourage the Commission to issue its order
regarding the appropriate local interconnection and/or resale
arrangements no later than the expiration date of this Agreement. The
Parties further agree that in the event the Commission does not issue
its order prior to the expiration date of this Agreement, or if the
Parties continue beyond the expiration date of this Agreement to
negotiate the local interconnection and/or resale arrangements without
Commission intervention, the terms, conditions and prices ultimately
ordered by the Commission, or negotiated by the Parties, will be
effective retroactive to the day following the expiration date of this
Agreement.
2.4 Notwithstanding the foregoing, in the event that as of the date of
expiration of this Agreement and conversion of this Agreement to a
month-to-month term, the Parties have not entered into a Subsequent
Agreement and either no arbitration proceeding has been filed in
accordance with Section 2.3 above, or the Parties have not mutually
agreed (where permissible) to extend the arbitration window for
petitioning the applicable Commission(s) for resolution of those terms
upon which the Parties have not agreed, then either Party may
terminate this Agreement upon sixty (60) days notice to the other
Party. In the event that BellSouth terminates this Agreement as
provided above, BellSouth shall continue to offer services to
Xxxxxxxxx.xxx pursuant to the terms, conditions and rates set forth in
BellSouth's Statement of Generally Available Terms (SGAT) to the
extent an SGAT has been approved by the applicable Commission(s). If
any state Commission has not approved a BellSouth SGAT, then upon
BellSouth's termination of this Agreement as provided herein,
BellSouth will continue to
General Terms and Conditions - Part A
Page 3
provide services to Xxxxxxxxx.xxx pursuant to BellSouth's then current
standard interconnection agreement. In the event that the SGAT or
BellSouth's standard interconnection agreement becomes effective as
between the Parties, the Parties may continue to negotiate a
Subsequent Agreement, and the terms of such Subsequent Agreement shall
be effective retroactive to the day following expiration of this
Agreement.
3. ORDERING PROCEDURES
3.1 Xxxxxxxxx.xxx shall provide BellSouth its Carrier Identification Code
(CIC), Operating Company Number (OCN), Group Access Code (GAC) and
Access Customer Name and Address (ACNA) code as applicable prior to
placing its first order.
3.2 The Parties agree to adhere to the BellSouth Local Interconnection and
Facility Based Ordering Guide and Resale Ordering Guide, as
appropriate for the services ordered.
3.3 Xxxxxxxxx.xxx shall pay charges for Operational Support Systems (OSS)
as set forth in this Agreement in Attachment 1 and/or in Attachment 2,
3, 5 and 7 as applicable.
4. PARITY
When Xxxxxxxxx.xxx purchases, pursuant to Attachment 1 of this
Agreement, telecommunications services from BellSouth for the purposes
of resale to end users, BellSouth shall provide said services so that
the services are equal in quality, subject to the same conditions, and
provided within the same provisioning time intervals that BellSouth
provides to its affiliates, subsidiaries and end users. To the extent
technically feasible, the quality of a Network Element, as well as the
quality of the access to such Network Element provided by BellSouth to
Xxxxxxxxx.xxx shall be at least equal in quality to that which
BellSouth provides to itself. The quality of the interconnection
between the networks of BellSouth and the network of Xxxxxxxxx.xxx
shall be at a level that is equal to that which BellSouth provides
itself, a subsidiary, an Affiliate, or any other party. The
interconnection facilities shall be designed to meet the same
technical criteria and service standards that are used within
BellSouth's network and shall extend to a consideration of service
quality as perceived by end users and service quality as perceived by
Xxxxxxxxx.xxx.
General Terms and Conditions - Part A
Page 4
5. WHITE PAGES LISTINGS
BellSouth shall provide Xxxxxxxxx.xxx and their customers access to
white pages directory listings under the following terms:
5.1 LISTINGS. BellSouth or its agent will include Xxxxxxxxx.xxx
residential and business customer listings in the appropriate White
Pages (residential and business) or alphabetical directories.
Directory listings will make no distinction between Xxxxxxxxx.xxx and
BellSouth subscribers.
5.2 RATES. Subscriber primary listing information in the White Pages shall
be provided at no charge to Xxxxxxxxx.xxx or its subscribers provided
that Xxxxxxxxx.xxx provides subscriber listing information to
BellSouth at no charge
5.3 PROCEDURES FOR SUBMITTING XXXXXXXXX.XXX SUBSCRIBER INFORMATION.
BellSouth will provide to Xxxxxxxxx.xxx a magnetic tape or computer
disk containing the proper format for submitting subscriber listings.
Xxxxxxxxx.xxx will be required to provide BellSouth with directory
listings and daily updates to those listings, including new, changed,
and deleted listings, in an industry-accepted format. These procedures
are detailed in BellSouth's Local Interconnection and Facility Based
Ordering Guide.
5.4 UNLISTED/NON-PUBLISHED SUBSCRIBERS. Xxxxxxxxx.xxx will be required to
provide to BellSouth the names, addresses and telephone numbers of all
Xxxxxxxxx.xxx customers that wish to be omitted from directories.
5.5 INCLUSION OF XXXXXXXXX.XXX CUSTOMERS IN DIRECTORY ASSISTANCE DATABASE.
BellSouth will include and maintain Xxxxxxxxx.xxx subscriber listings
in BellSouth's directory assistance databases at no charge. BellSouth
and Xxxxxxxxx.xxx will formulate appropriate procedures regarding
lead time, timeliness, format and content of listing information.
5.6 LISTING INFORMATION CONFIDENTIALITY. BellSouth will accord
Xxxxxxxxx.xxx's directory listing information the same level of
confidentiality that BellSouth accords its own directory listing
information, and BellSouth shall limit access to Xxxxxxxxx.xxx's
customer proprietary confidential directory information to those
BellSouth employees who are involved in the preparation of listings.
5.7 OPTIONAL LISTINGS. Additional listings and optional listings will be
offered by BellSouth at tariffed rates as set forth in the General
Subscriber Services Tariff.
5.8 DELIVERY. BellSouth or its agent shall deliver White Pages directories
to Xxxxxxxxx.xxx subscribers at no charge.
General Terms and Conditions - Part A
Page 5
6. BONA FIDE REQUEST/NEW BUSINESS REQUEST PROCESS FOR FURTHER UNBUNDLING
If Xxxxxxxxx.xxx is a facilities based provider or a facilities based
and resale provider, this section shall apply. BellSouth shall, upon
request of Xxxxxxxxx.xxx, provide to Xxxxxxxxx.xxx access to its
network elements at any technically feasible point for the provision
of Xxxxxxxxx.xxx's telecommunications service where such access is
necessary and failure to provide access would impair the ability of
Xxxxxxxxx.xxx to provide services that it seeks to offer. Any request
by Xxxxxxxxx.xxx for access to a network element, interconnection
option, or for the provisioning of any service or product that is not
already available shall be treated as a Bona Fide Request/New Business
Request, and shall be submitted to BellSouth pursuant to the Bona Fide
Request/New Business Request process set forth following.
6.1 A Bona Fide Request/New Business Request shall be submitted in writing
to Xxxxxxxxx.xxx's Account Manager by Xxxxxxxxx.xxx and shall
specifically identify the requested service date, technical
requirements, space requirements and/or such specifications that
clearly define the request such that BellSouth has sufficient
information to analyze and prepare a response. Such a request also
shall include a Xxxxxxxxx.xxx's designation of the request as being
(i) pursuant to the Telecommunications Act of 1996 or (ii) pursuant to
the needs of the business.
7. COURT ORDERED REQUESTS FOR CALL DETAIL RECORDS AND OTHER SUBSCRIBER
INFORMATION.
To the extent technically feasible, BellSouth maintains call detail
records for Xxxxxxxxx.xxx end users for limited time periods and can
respond to subpoenas and court ordered requests for this information.
BellSouth shall maintain such information for Xxxxxxxxx.xxx end users
for the same length of time it maintains such information for its own
end users.
7.1 Xxxxxxxxx.xxx agrees that BellSouth will respond to subpoenas and
court ordered requests delivered directly to BellSouth for the purpose
of providing call detail records when the targeted telephone numbers
belong to Xxxxxxxxx.xxx end users. Billing for such requests will be
generated by BellSouth and directed to the law enforcement agency
initiating the request
7.2 Xxxxxxxxx.xxx agrees that in cases where Xxxxxxxxx.xxx receives
subpoenas or court ordered requests for call detail records for
targeted telephone numbers belonging to Xxxxxxxxx.xxx end users,
Xxxxxxxxx.xxx will advise the law enforcement agency initiating the
request to redirect the subpoena or court ordered request to
BellSouth. Billing for call detail information will be generated by
BellSouth and directed to the law enforcement agency initiating the
request.
General Terms and Conditions - Part A
Page 6
7.3 In cases where the timing of the response to the law enforcement
agency prohibits Xxxxxxxxx.xxx from having the subpoena or court
ordered request redirected to BellSouth by the law enforcement
agency, Xxxxxxxxx.xxx will furnish the official request to
BellSouth for providing the call detail information. BellSouth
will provide the call detail records to Xxxxxxxxx.xxx and xxxx
Xxxxxxxxx.xxx for the information. Xxxxxxxxx.xxx agrees to
reimburse BellSouth for the call detail information provided.
7.4 Xxxxxxxxx.xxx will provide Xxxxxxxxx.xxx end user and/or other
customer information that is available to Xxxxxxxxx.xxx in
response to subpoenas and court orders for their own customer
records. BellSouth will redirect subpoenas and court ordered
requests for Xxxxxxxxx.xxx end user and/or other customer
information to Xxxxxxxxx.xxx for the purpose of providing this
information to the law enforcement agency.
8. LIABILITY AND INDEMNIFICATION
8.1 BELLSOUTH LIABILITY. BellSouth shall take financial responsibility
for its own actions in causing, or its lack of action in
preventing, unbillable or uncollectible Xxxxxxxxx.xxx revenues.
8.2 XXXXXXXXX.XXX LIABILITY. In the event that Xxxxxxxxx.xxx consists
of two (2) or more separate entities as set forth in the preamble
to this Agreement, all such entities shall be jointly and
severally liable for the obligations of Xxxxxxxxx.xxx under this
Agreement.
8.3 LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES. Neither
BellSouth nor Xxxxxxxxx.xxx shall be liable for any act or
omission of another telecommunications company providing a portion
of the services provided under this Agreement.
8.4 LIMITATION OF LIABILITY.
8.4.1 Each Party's liability to the other for any loss, cost, claim,
injury or liability or expense, including reasonable attorney's
fees relating to or arising out of any negligent act or omission
in its performance of this Agreement whether in contract or in
tort, shall be limited to a credit for the actual cost of the
services or functions not performed or improperly performed.
8.4.2 LIMITATIONS IN TARIFFS. A Party may, in its sole discretion,
provide in its tariffs and contracts with its Customer and third
parties that relate to any service, product or function provided
or contemplated under this Agreement, that to the maximum extent
permitted by Applicable Law, such Party shall not be liable to
Customer or third Party for (i) any Loss relating to or arising
out of this Agreement whether in contract, tort or otherwise, that
exceeds the amount such Party would have
General Terms and Conditions - Part A
Page 7
charged that applicable person for the service, product or
function that gave rise to such Loss and (ii) Consequential
Damages. To the extent that a Party elects not to place in its
tariffs or contracts such limitations of liability, and the other
Party incurs a Loss as a result thereof, such Party shall
indemnify and reimburse the other Party for that portion of the
Loss that would have been limited had the first Party included in
its tariffs and contracts the limitations of liability that such
other Party included in its own tariffs at the time of such Loss.
8.4.3 Neither BellSouth nor Xxxxxxxxx.xxx shall be liable for damages to
the other's terminal location, POI or other company's customers'
premises resulting from the furnishing of a service, including,
but not limited to, the installation and removal of equipment or
associated wiring, except to the extent caused by a company's
negligence or willful misconduct or by a company's failure to
properly ground a local loop after disconnection.
8.4.4 Under no circumstance shall a Party be responsible or liable for
indirect, incidental, or consequential damages, including, but not
limited to, economic loss or lost business or profits, damages
arising from the use or performance of equipment or software, or
the loss of use of software or equipment, or accessories attached
thereto, delay, error, or loss of data. In connection with this
limitation of liability, each Party recognizes that the other
Party may, from time to time, provide advice, make
recommendations, or supply other analyses related to the Services,
or facilities described in this Agreement, and, while each Party
shall use diligent efforts in this regard, the Parties acknowledge
and agree that this limitation of liability shall apply to
provision of such advice, recommendations, and analyses.
8.5 INDEMNIFICATION FOR CERTAIN CLAIMS. The Party providing services
hereunder, its affiliates and its parent company, shall be
indemnified, defended and held harmless by the Party receiving
services hereunder against any claim, loss or damage arising from
the receiving company's use of the services provided under this
Agreement pertaining to (1) claims for libel, slander or invasion
of privacy arising from the content of the receiving company's own
communications, or (2) any claim, loss or damage claimed by the
customer of the Party receiving services arising from such
company's use or reliance on the providing company's services,
actions, duties, or obligations arising out of this Agreement.
8.6 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN
THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR
WARRANTIES TO THE OTHER PARTY CONCERNING THE SPECIFIC QUALITY OF
ANY SERVICES, OR FACILITIES PROVIDED UNDER THIS AGREEMENT. THE
PARTIES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
General Terms and Conditions - Part A
Page 8
9. INTELLECTUAL PROPERTY RIGHTS AND INDEMNIFICATION
9.1 NO LICENSE. No patent, copyright, trademark or other proprietary
right is licensed, granted or otherwise transferred by this
Agreement. Xxxxxxxxx.xxx is strictly prohibited from any use,
including but not limited to in sales, in marketing or advertising
of telecommunications services, of any BellSouth name, service
xxxx or trademark.
9.2 OWNERSHIP OF INTELLECTUAL PROPERTY. Any intellectual property
which originates from or is developed by a Party shall remain in
the exclusive ownership of that Party. Except for a limited
license to use patents or copyrights to the extent necessary for
the Parties to use any facilities or equipment (including
software) or to receive any service solely as provided under this
Agreement, no license in patent, copyright, trademark or trade
secret, or other proprietary or intellectual property right now or
hereafter owned, controlled or licensable by a Party, is granted
to the other Party or shall be implied or arise by estoppel. It is
the responsibility of each Party to ensure at no additional cost
to the other Party that it has obtained any necessary licenses in
relation to intellectual property of third Parties used in its
network that may be required to enable the other Party to use any
facilities or equipment (including software), to receive any
service, or to perform its respective obligations under this
Agreement.
9.3 INDEMNIFICATION. The Party providing a service pursuant to this
Agreement will defend the Party receiving such service or data
provided as a result of such service against claims of
infringement arising solely from the use by the receiving Party of
such service and will indemnify the receiving Party for any
damages awarded based solely on such claims in accordance with
Section 8 of this Agreement.
9.4 CLAIM OF INFRINGEMENT. In the event that use of any facilities or
equipment (including software), becomes, or in reasonable judgment
of the Party who owns the affected network is likely to become,
the subject of a claim, action, suit, or proceeding based on
intellectual property infringement, then said Party shall promptly
and at its sole expense, but subject to the limitations of
liability set forth below:
9.4.1 modify or replace the applicable facilities or equipment
(including software) while maintaining form and function, or
9.4.2 obtain a license sufficient to allow such use to continue.
9.4.3 In the event 9.4.1 or 9.4.2 are commercially unreasonable, then
said Party may, terminate, upon reasonable notice, this contract
with respect to use of, or services provided through use of, the
affected facilities or equipment (including software), but solely
to the extent required to avoid the infringement claim.
General Terms and Conditions - Part A
Page 9
9.5 EXCEPTION TO OBLIGATIONS. Neither Party's obligations under this
Section shall apply to the extent the infringement is caused by:
(i) modification of the facilities or equipment (including
software) by the indemnitee; (ii) use by the indemnitee of the
facilities or equipment (including software) in combination with
equipment or facilities (including software) not provided or
authorized by the indemnitor provided the facilities or equipment
(including software) would not be infringing if used alone; (iii)
conformance to specifications of the indemnitee which would
necessarily result in infringement; or (iv) continued use by the
indemnitee of the affected facilities or equipment (including
software) after being placed on notice to discontinue use as set
forth herein.
9.6 EXCLUSIVE REMEDY. The foregoing shall constitute the Parties' sole
and exclusive remedies and obligations with respect to a third
party claim of intellectual property infringement arising out of
the conduct of business under this Agreement.
10. TREATMENT OF PROPRIETARY AND CONFIDENTIAL INFORMATION
10.1 CONFIDENTIAL INFORMATION. It may be necessary for BellSouth and
Xxxxxxxxx.xxx to provide each other with certain confidential
information, including trade secret information, including but not
limited to, technical and business plans, technical information,
proposals, specifications, drawings, procedures, customer account
data, call detail records and like information (hereinafter
collectively referred to as "Information"). All Information shall
be in writing or other tangible form and clearly marked with a
confidential, private or proprietary legend and that the
Information will be returned to the owner within a reasonable
time. The Information shall not be copied or reproduced in any
form. BellSouth and Xxxxxxxxx.xxx shall receive such Information
and not disclose such Information. BellSouth and Xxxxxxxxx.xxx
shall protect the Information received from distribution,
disclosure or dissemination to anyone except employees of
BellSouth and Xxxxxxxxx.xxx with a need to know such Information
and which employees agree to be bound by the terms of this
Section. BellSouth and Xxxxxxxxx.xxx will use the same standard
of care to protect Information received as they would use to
protect their own confidential and proprietary Information.
10.2 EXCEPTION TO OBLIGATION. Notwithstanding the foregoing, there will
be no obligation on BellSouth or Xxxxxxxxx.xxx to protect any
portion of the Information that is: (1) made publicly available by
the owner of the Information or lawfully disclosed by a Party
other than BellSouth or Xxxxxxxxx.xxx; (2) lawfully obtained from
any source other than the owner of the Information; or (3)
previously known to the receiving Party without an obligation to
keep it confidential.
General Terms and Conditions - Part A
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11. ASSIGNMENTS
Any assignment by either Party to any non-affiliated entity of any
right, obligation or duty, or of any other interest hereunder, in
whole or in part, without the prior written consent of the other
Party shall be void. A Party may assign this Agreement or any
right, obligation, duty or other interest hereunder to an
Affiliate company of the Party without the consent of the other
Party. All obligations and duties of any Party under this
Agreement shall be binding on all successors in interest and
assigns of such Party. No assignment or delegation hereof shall
relieve the assignor of its obligations under this Agreement in
the event that the assignee fails to perform such obligations.
12. RESOLUTION OF DISPUTES
Except as otherwise stated in this Agreement, the Parties agree
that if any dispute arises as to the interpretation of any
provision of this Agreement or as to the proper implementation of
this Agreement, either Party may petition the Commission for a
resolution of the dispute. However, each Party reserves any rights
it may have to seek judicial review of any ruling made by the
Commission concerning this Agreement.
13. TAXES
13.1 DEFINITION. For purposes of this Section, the terms "taxes" and
"fees" shall include but not limited to federal, state or local
sales, use, excise, gross receipts or other taxes or tax-like fees
of whatever nature and however designated (including tariff
surcharges and any fees, charges or other payments, contractual or
otherwise, for the use of public streets or rights of way, whether
designated as franchise fees or otherwise) imposed, or sought to
be imposed, on or with respect to the services furnished hereunder
or measured by the charges or payments therefore, excluding any
taxes levied on income.
13.2 TAXES AND FEES IMPOSED DIRECTLY ON EITHER PROVIDING PARTY OR
PURCHASING PARTY.
13.2.1 Taxes and fees imposed on the providing Party, which are not
permitted or required to be passed on by the providing Party to
its customer, shall be borne and paid by the providing Party.
13.2.2 Taxes and fees imposed on the purchasing Party, which are not
required to be collected and/or remitted by the providing Party,
shall be borne and paid by the purchasing Party.
13.3 TAXES AND FEES IMPOSED ON PURCHASING PARTY BUT COLLECTED AND
REMITTED BY PROVIDING PARTY.
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13.3.1 Taxes and fees imposed on the purchasing Party shall be borne by
the purchasing Party, even if the obligation to collect and/or
remit such taxes or fees is placed on the providing Party.
13.3.2 To the extent permitted by applicable law, any such taxes and/or
fees shall be shown as separate items on applicable billing
documents between the Parties. Notwithstanding the foregoing, the
purchasing Party shall remain liable for any such taxes and fees
regardless of whether they are actually billed by the providing
Party at the time that the respective service is billed.
13.3.3 If the purchasing Party determines that in its opinion any such
taxes or fees are not payable, the providing Party shall not xxxx
such taxes or fees to the purchasing Party if the purchasing Party
provides written certification, reasonably satisfactory to the
providing Party, stating that it is exempt or otherwise not
subject to the tax or fee, setting forth the basis therefor, and
satisfying any other requirements under applicable law. If any
authority seeks to collect any such tax or fee that the purchasing
Party has determined and certified not to be payable, or any such
tax or fee that was not billed by the providing Party, the
purchasing Party may contest the same in good faith, at its own
expense. In any such contest, the purchasing Party shall promptly
furnish the providing Party with copies of all filings in any
proceeding, protest, or legal challenge, all rulings issued in
connection therewith, and all correspondence between the
purchasing Party and the taxing authority.
13.3.4 In the event that all or any portion of an amount sought to be
collected must be paid in order to contest the imposition of any
such tax or fee, or to avoid the existence of a lien on the assets
of the providing Party during the pendency of such contest, the
purchasing Party shall be responsible for such payment and shall
be entitled to the benefit of any refund or recovery.
13.3.5 If it is ultimately determined that any additional amount of such
a tax or fee is due to the imposing authority, the purchasing
Party shall pay such additional amount, including any interest and
penalties thereon.
13.3.6 Notwithstanding any provision to the contrary, the purchasing
Party shall protect, indemnify and hold harmless (and defend at
the purchasing Party's expense) the providing Party from and
against any such tax or fee, interest or penalties thereon, or
other charges or payable expenses (including reasonable attorney
fees) with respect thereto, which are incurred by the providing
Party in connection with any claim for or contest of any such tax
or fee.
13.3.7 Each Party shall notify the other Party in writing of any
assessment, proposed assessment or other claim for any additional
amount of such a tax or fee by a taxing authority; such notice to
be provided, if possible, at least ten (10) days prior to the date
by which a response, protest or other appeal must be filed, but in
no event later than thirty (30) days after receipt of such
assessment, proposed assessment or claim.
General Terms and Conditions - Part A
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13.4 TAXES AND FEES IMPOSED ON PROVIDING PARTY BUT PASSED ON TO
PURCHASING PARTY.
13.4.1 Taxes and fees imposed on the providing Party, which are permitted
or required to be passed on by the providing Party to its
customer, shall be borne by the purchasing Party.
13.4.2 To the extent permitted by applicable law, any such taxes and/or
fees shall be shown as separate items on applicable billing
documents between the Parties. Notwithstanding the foregoing, the
purchasing Party shall remain liable for any such taxes and fees
regardless of whether they are actually billed by the providing
Party at the time that the respective service is billed.
13.4.3 If the purchasing Party disagrees with the providing Party's
determination as to the application or basis for any such tax or
fee, the Parties shall consult with respect to the imposition and
billing of such tax or fee. Notwithstanding the foregoing, the
providing Party shall retain ultimate responsibility for
determining whether and to what extent any such taxes or fees are
applicable, and the purchasing Party shall abide by such
determination and pay such taxes or fees to the providing Party.
The providing Party shall further retain ultimate responsibility
for determining whether and how to contest the imposition of such
taxes and fees; provided, however, that any such contest
undertaken at the request of the purchasing Party shall be at the
purchasing Party's expense.
13.4.4 In the event that all or any portion of an amount sought to be
collected must be paid in order to contest the imposition of any
such tax or fee, or to avoid the existence of a lien on the assets
of the providing Party during the pendency of such contest, the
purchasing Party shall be responsible for such payment and shall
be entitled to the benefit of any refund or recovery.
13.4.5 If it is ultimately determined that any additional amount of such
a tax or fee is due to the imposing authority, the purchasing
Party shall pay such additional amount, including any interest and
penalties thereon.
13.4.6 Notwithstanding any provision to the contrary, the purchasing
Party shall protect indemnify and hold harmless (and defend at the
purchasing Party's expense) the providing Party from and against
any such tax or fee, interest or penalties thereon, or other
reasonable charges or payable expenses (including reasonable
attorney fees) with respect thereto, which are incurred by the
providing Party in connection with any claim for or contest of any
such tax or fee.
13.4.7 Each Party shall notify the other Party in writing of any
assessment, proposed assessment or other claim for any additional
amount of such a tax or fee by a taxing authority; such notice to
be provided, if possible, at least ten (10) days prior to the date
by which a response, protest or other appeal must be filed, but in
General Terms and Conditions - Part A
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no event later than thirty (30) days after receipt of such
assessment, proposed assessment or claim.
13.5 MUTUAL COOPERATION. In any contest of a tax or fee by one Party,
the other Party shall cooperate fully by providing records,
testimony and such additional information or assistance as may
reasonably be necessary to pursue the contest. Further, the other
Party shall be reimbursed for any reasonable and necessary
out-of-pocket copying and travel expenses incurred in assisting in
such contest.
14. FORCE MAJEURE
In the event performance of this Agreement, or any obligation
hereunder, is either directly or indirectly prevented, restricted,
or interfered with by reason of fire, flood, earthquake or like
acts of God, wars, revolution, civil commotion, explosion, acts of
public enemy, embargo, acts of the government in its sovereign
capacity, labor difficulties, including without limitation,
strikes, slowdowns, picketing, or boycotts, unavailability of
equipment from vendor, changes requested by Customer, or any other
circumstances beyond the reasonable control and without the fault
or negligence of the Party affected, the Party affected, upon
giving prompt notice to the other Party, shall be excused from
such performance on a day-to-day basis to the extent of such
prevention, restriction, or interference (and the other Party
shall likewise be excused from performance of its obligations on a
day-to-day basis until the delay, restriction or interference has
ceased); provided however, that the Party so affected shall use
diligent efforts to avoid or remove such causes of non-performance
and both Parties shall proceed whenever such causes are removed or
cease.
15. YEAR 2000 COMPLIANCE
Each Party warrants that it has implemented a program the goal of
which is to ensure that all software, hardware and related
materials (collectively called "Systems") delivered, connected
with BellSouth or supplied in the furtherance of the terms and
conditions specified in this Agreement: (i) will record, store,
process and display calendar dates falling on or after January 1,
2000, in the same manner, and with the same functionality as such
software records, stores, processes and calendar dates falling on
or before December 31, 1999; and (ii) shall include without
limitation date data century recognition, calculations that
accommodate same century and multicentury formulas and date
values, and date data interface values that reflect the century.
16. MODIFICATION OF AGREEMENT
16.1 BellSouth shall make available, pursuant to 47 USC Section 252
and the FCC rules and regulations regarding such availability,
to Xxxxxxxxx.xxx any interconnection, service, or network
element provided under any other agreement filed and approved
pursuant to 47 USC Section 252. The Parties shall adopt all
rates, terms and conditions
General Terms and Conditions - Part A
Page 14
concerning such other interconnection, service or network element
and any other rates, terms and conditions that are interrelated or
were negotiated in exchange for or in conjunction with the
interconnection, service or network element being adopted. The
adopted interconnection, service, or network element and agreement
shall apply to the same states as such other agreement and for the
identical term of such other agreement.
16.2 If Xxxxxxxxx.xxx. changes its name or makes changes to its company
structure or identity due to a merger, acquisition, transfer or
any other reason, it is the responsibility of Xxxxxxxxx.xxx to
notify BellSouth of said change and request that an amendment to
this Agreement, if necessary, be executed to reflect said change.
16.3 No modification, amendment, supplement to, or waiver of the
Agreement or any of its provisions shall be effective and binding
upon the Parties unless it is made in writing and duly signed by
the Parties.
16.4 Execution of this Agreement by either Party does not confirm or
infer that the executing Party agrees with any decision(s) issued
pursuant to the Telecommunications Act of 1996 and the
consequences of those decisions on specific language in this
Agreement. Neither Party waives its rights to appeal or otherwise
challenge any such decision(s) and each Party reserves all of its
rights to pursue any and all legal and/or equitable remedies,
including appeals of any such decision(s).
16.5 In the event that any final and nonappealable legislative,
regulatory, judicial or other legal action materially affects any
material terms of this Agreement, or the ability of Xxxxxxxxx.xxx.
or BellSouth to perform any material terms of this Agreement,
Xxxxxxxxx.xxx or BellSouth may, on thirty (30) days' written
notice require that such terms be renegotiated, and the Parties
shall renegotiate in good faith such mutually acceptable new terms
as may be required. In the event that such new terms are not
renegotiated within ninety (90) days after such notice, the
Dispute shall be referred to the Dispute Resolution procedure set
forth in Section 12.
16.6 If any provision of this Agreement, or the application of such
provision to either Party or circumstance, shall be held invalid,
the remainder of the Agreement, or the application of any such
provision to the Parties or circumstances other than those to
which it is held invalid, shall not be effective thereby, provided
that the Parties shall attempt to reformulate such invalid
provision to give effect to such portions thereof as may be valid
without defeating the intent of such provision.
17. WAIVERS
A failure or delay of either Party to enforce any of the
provisions hereof, to exercise any option which is herein
provided, or to require performance of any of the provisions
hereof shall in no way be construed to be a waiver of such
provisions or options, and each Party, notwithstanding such
failure, shall have the right thereafter
General Terms and Conditions - Part A
Page 15
to insist upon the specific performance of any and all of the
provisions of this Agreement.
18. GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Georgia, without regard
to its conflict of laws principles.
19. ARM'S LENGTH NEGOTIATIONS
This Agreement was executed after arm's length negotiations
between the undersigned Parties and reflects the conclusion of the
undersigned that this Agreement is in the best interests of all
Parties.
20. NOTICES
20.1 Every notice, consent, approval, or other communications required
or contemplated by this Agreement shall be in writing and shall be
delivered in person or given by postage prepaid mail, address to:
BELLSOUTH TELECOMMUNICATIONS, INC.
CLEC Account Team
9th Floor
000 Xxxxx 00xx Xxxxxx
Xxxxxxxxxx, Xxxxxxx 00000
and
General Attorney - COU
Suite 4300
000 X. Xxxxxxxxx Xx.
Xxxxxxx, XX 00000
Xxxxxxxxx.xxx, Inc.
0 XXXXXXXXXX XXXXX XXXXX
Xxxxxx Xxxxx
Xxxxxxxxxx, XX 00000
Attn: Xxx Xxxxx
(000) 000-0000x000
or at such other address as the intended recipient previously
shall have designated by written notice to the other Party.
General Terms and Conditions - Part A
Page 16
20.2 Where specifically required, notices shall be by certified or
registered mail. Unless otherwise provided in this Agreement,
notice by mail shall be effective on the date it is officially
recorded as delivered by return receipt or equivalent, and in the
absence of such record of delivery, it shall be presumed to have
been delivered the fifth day, or next business day after the fifth
day, after it was deposited in the mails.
20.3 BellSouth shall provide Xxxxxxxxx.xxx notice via Internet posting
of price changes and of changes to the terms and conditions of
services available for resale.
21. RULE OF CONSTRUCTION
No rule of construction requiring interpretation against the
drafting Party hereof shall apply in the interpretation of this
Agreement.
22. HEADINGS OF NO FORCE OR EFFECT
The headings of Articles and Sections of this Agreement are for
convenience of reference only, and shall in no way define, modify
or restrict the meaning or interpretation of the terms or
provisions of this Agreement.
23. MULTIPLE COUNTERPARTS
This Agreement may be executed multiple counterparts, each of
which shall be deemed an original, but all of which shall together
constitute but one and the same document.
24. IMPLEMENTATION OF AGREEMENT
If Xxxxxxxxx.xxx is a facilities based provider or a facilities
based and resale provider, this section shall apply. Within 60
days of the execution of this Agreement, the Parties will adopt a
schedule for the implementation of the Agreement. The schedule
shall state with specificity time frames for submission of
including but not limited to, network design, interconnection
points, collocation arrangement requests, pre-sales testing and
full operational time frames for the business and residential
markets. An implementation template to be used for the
implementation schedule is contained in Attachment 10 of this
Agreement.
25. FILING OF AGREEMENT
Upon execution of this Agreement it shall be filed with the
appropriate state regulatory agency pursuant to the requirements
of Section 252 of the Act. If the regulatory agency imposes any
filing or public interest notice fees regarding the filing or
approval of the Agreement, Xxxxxxxxx.xxx shall be responsible for
General Terms and Conditions - Part A
Page 17
publishing the required notice and the publication and/or notice
costs shall be borne by Xxxxxxxxx.xxx.
26. ENTIRE AGREEMENT
This Agreement and its Attachments, incorporated herein by this
reference, sets forth the entire understanding and supersedes
prior Agreements between the Parties relating to the subject
matter contained herein and merges all prior discussions between
them, and neither Party shall be bound by any definition,
condition, provision, representation, warranty, covenant or
promise other than as expressly stated in this Agreement or as is
contemporaneously or subsequently set forth in writing and
executed by a duly authorized officer or representative of the
Party to be bound thereby.
THIS AGREEMENT MAY INCLUDE ATTACHMENTS WITH PROVISIONS FOR THE
FOLLOWING SERVICES:
Network Elements and Other Services
Local Interconnection
Resale
Collocation
THE FOLLOWING SERVICES ARE INCLUDED AS OPTIONS FOR PURCHASE BY
XXXXXXXXX.XXX. XXXXXXXXX.XXX SHALL ELECT SAID SERVICES BY WRITTEN
REQUEST TO ITS ACCOUNT MANAGER IF APPLICABLE.
Optional Daily Usage File (ODUF)
Enhanced Optional Daily Usage File (EODUF)
Access Daily Usage File (ADUF)
Line Information Database (LIDB) Storage
Centralized Message Distribution Service (CMDS)
Calling Name (CNAM)
General Terms and Conditions - Part A
Page 18
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year
above first written.
BELLSOUTH TELECOMMUNICATIONS, INC. XXXXXXXXX.XXX, INC.
/s/ Xxxxx X. Xxxxxxx /s/ Xxxxx Xxxxxxx
------------------------------------- -------------------------------
Signature Signature
------------------------------------- -------------------------------
Xxxxx X. Xxxxxxx Xxxxx Xxxxxxx
------------------------------------- -------------------------------
Name Name
Sr. Director - Interconnection Svcs President & CEO
------------------------------------- -------------------------------
Title Title
11/1/99 10-27-99
------------------------------------- -------------------------------
Date Date
General Terms and Conditions - Part A
Page 19
DEFINITIONS
AFFILIATE is defined as a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control with, another
person. For purposes of this paragraph, the term "own" means to own an equity
interest (or equivalent thereof) of more than 10 percent.
CENTRALIZED MESSAGE DISTRIBUTION SYSTEM is the Telcordia (formerly BellCore)
administered national system, based in Kansas City, Missouri, used to exchange
Exchange Message Interface (EMI) formatted data among host companies.
COMMISSION is defined as the appropriate regulatory agency in each of
BellSouth's nine state region, Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, and Tennessee.
DAILY USAGE FILE is the compilation of messages or copies of messages in
standard Exchange Message Interface (EMI) format exchanged from BellSouth to an
CLEC.
EXCHANGE MESSAGE INTERFACE is the nationally administered standard format for
the exchange of data among the Exchange Carriers within the telecommunications
industry.
INFORMATION SERVICE means the offering of a capability for generating,
acquiring, storing, transforming, processing, retrieving, utilizing, or making
available information via telecommunications, and includes electronic
publishing, but does not include any use of any such capability for the
management, control, or operation of a telecommunications system or the
management of a telecommunications service.
INTERCOMPANY SETTLEMENTS (ICS) is the revenue associated with charges billed by
a company other than the company in whose service area such charges were
incurred. ICS on a national level includes third number and credit card calls
and is administered by Telcordia (formerly BellCore)'s Calling Card and Third
Number Settlement System (CATS). Included is traffic that originates in one
Regional Xxxx Operating Company's (RBOC) territory and bills in another RBOC's
territory.
INTERMEDIARY FUNCTION is defined as the delivery of traffic from Xxxxxxxxx.xxx;
a CLEC other than Xxxxxxxxx.xxx or another telecommunications carrier through
the network of BellSouth or Xxxxxxxxx.xxx to an end user of Xxxxxxxxx.xxx; a
CLEC other than Xxxxxxxxx.xxx or another telecommunications carrier.
LOCAL INTERCONNECTION is defined as 1) the delivery of local traffic to be
terminated on each Party's local network so that end users of either Party have
the ability to reach end users of the other Party without the use of any access
code or substantial delay in the processing of the call; 2) the LEC network
features, functions, and capabilities set forth in this Agreement; and 3)
General Terms and Conditions - Part A
Page 20
Service Provider Number Portability sometimes referred to as temporary telephone
number portability to be implemented pursuant to the terms of this Agreement.
LOCAL TRAFFIC is defined as any telephone call that originates in one exchange
and terminates in either the same exchange, or other local calling area
associated with the originating exchange as defined and specified in Section A3
of BellSouth's General Subscriber Service Tariff. As clarification of this
definition and for reciprocal compensation, Local Traffic does not include
traffic that originates from or terminates to or through an enhanced service
provider or information service provider. As further clarification, Local
Traffic does not include calls that do not transmit information of the user's
choosing. In any event, neither Party will pay reciprocal compensation to the
other if the "traffic" to which such reciprocal compensation would otherwise
apply was generated, in whole or in part, for the purpose of creating an
obligation on the part of the originating carrier to pay reciprocal compensation
for such traffic.
MESSAGE DISTRIBUTION is routing determination and subsequent delivery of message
data from one company to another. Also included is the interface function with
CMDS, where appropriate.
MULTIPLE EXCHANGE CARRIER Access BILLING ("MECAB") means the document prepared
by the Billing Committee of the Ordering and Billing Forum ("OBF:), which
functions under the auspices of the Carrier Liaison Committee of the Alliance
for Telecommunications Industry Solutions ("ATIS") and by Telcordia (formerly
BellCore) as Special Report SR-BDS-000983, Containing the recommended guidelines
for the billing of Exchange Service access provided by two or more LECs and/or
CLECs or by one LEC in two or more states within a single LATA.
NETWORK ELEMENT is defined to mean a facility or equipment used in the provision
of a telecommunications service. Such term may include, but is not limited to,
features, functions, and capabilities that are provided by means of such
facility or equipment, including but not limited to, 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. BellSouth offers access to the Network Elements,
unbundled loops; network interface device; sub-loop elements; local switching;
transport; tandem switching; operator systems; signaling; access to call-related
databases; dark fiber as set forth in Attachment 2 of this Agreement.
NON-INTERCOMPANY SETTLEMENT SYSTEM (NICS) is the Telcordia (formerly BellCore)
system that calculates non-intercompany settlements amounts due from one company
to another within the same RBOC region. It includes credit card, third number
and collect messages.
PERCENT OF INTERSTATE USAGE (PIU) is defined as a factor to be applied to
terminating access services minutes of use to obtain those minutes that should
be rated as interstate access services minutes of use. The numerator includes
all interstate "non-intermediary" minutes of use, including interstate minutes
of use that are forwarded due to service provider number portability less any
interstate minutes of use for Terminating Party Pays services, such as 800
Services. The denominator includes all "non-intermediary", local , interstate,
intrastate, toll and access minutes of use adjusted for service provider number
portability less all minutes attributable to terminating Party pays services.
General Terms and Conditions - Part A
Page 21
PERCENT LOCAL USAGE (PLU) is defined as a factor to be applied to intrastate
terminating minutes of use. The numerator shall include all "non-intermediary"
local minutes of use adjusted for those minutes of use that only apply local due
to Service Provider Number Portability. The denominator is the total intrastate
minutes of use including local, intrastate toll, and access, adjusted for
Service Provider Number Portability less intrastate terminating Party pays
minutes of use.
REVENUE ACCOUNTING OFFICE (XXX) STATUS COMPANY is a local exchange
company/alternate local exchange company that has been assigned a unique XXX
code. Message data exchanged among XXX status companies is grouped (i.e.
packed) according to From/To/Xxxx XXX combinations.
SERVICE CONTROL POINTS ("SCPs") are defined as databases that store information
and have the ability to manipulate data required to offer particular services.
SIGNAL TRANSFER POINTS ("STPs") are signaling message switches that interconnect
Signaling Links to route signaling messages between switches and databases. STPs
enable the exchange of Signaling System 7 ("SS7") messages between switching
elements, database elements and STPs. STPs provide access to various BellSouth
and third party network elements such as local switching and databases.
SIGNALING LINKS are dedicated transmission paths carrying signaling messages
between carrier switches and signaling networks. Signal Link Transport is a set
of two or four dedicated 56 kbps transmission paths between Xxxxxxxxx.xxx
designated Signaling Points of Interconnection that provide a diverse
transmission path and cross connect to a BellSouth Signal Transfer Point.
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 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.
TELECOMMUNICATIONS ACT OF 1996 ("ACT") means Public Law 104-104 of the United
States Congress effective February 8, 1996. The Act amended the Communications
Act of 1934 (47, U.S.C. Section 1 et. seq.).
Attachment 1
Page 1
ATTACHMENT 1
RESALE
Attachment 1
Page 2
TABLE OF CONTENTS
1. DISCOUNT RATES ..........................................................3
2. DEFINITION OF TERMS .....................................................3
3. GENERAL PROVISIONS ............................... ......................3
4. BELLSOUTH'S PROVISION OF SERVICES TO XXXXXXXXX.XXX ......................7
5. MAINTENANCE OF SERVICES..................................................7
6. ESTABLISHMENT OF SERVICE.................................................8
7. PAYMENT AND BILLING ARRANGEMENTS ........................................9
8. DISCONTINUANCE OF SERVICE ...............................................11
9. LINE INFORMATION DATABASE (LIDB).........................................12
10. XXX HOSTING..............................................................13
11. OPTIONAL DAILY USAGE FILE (ODUF).........................................13
12. ENHANCED OPTIONAL DAILY USAGE FILE (EODUF)...............................13
13. CALLING NAME DELIVERY (CNAM) DATABASE SERVICE............................13
EXHIBIT A - APPLICABLE DISCOUNTS/OSS RATES ..................................14
EXHIBIT B - RESALE RESTRICTIONS .............................................17
EXHIBIT C - LINE INFORMATION DATABASE (LIDB) STORAGE AGREEMENT ..............19
EXHIBIT D - CMDS/XXX HOSTING ................................................26
EXHIBIT E - OPTIONAL DAILY USAGE FILE (ODUF) ................................29
EXHIBIT F - ENHANCED OPTIONAL DAILY USAGE FILE (EODUF) ......................32
EXHIBIT G - CALLING NAME DELIVERY (CNAM) DATABASE SERVICES ..................34
EXHIBIT H - ODUF/EODUF/CMDS RATES ....................................Exhibit H
Attachment 1
Page 3
RESALE
1. DISCOUNT RATES
The rates pursuant by which Xxxxxxxxx.xxx is to purchase services from
BellSouth for resale shall be at a discount rate off of the retail rate for
the telecommunications service. The discount rates shall be as set forth in
Exhibit A, attached hereto and incorporated herein by this reference. Such
discount shall reflect the costs avoided by BellSouth when selling a service
for wholesale purposes.
2. DEFINITION OF TERMS
2.1 CUSTOMER OF RECORD means the entity responsible for placing
application for service; requesting additions, rearrangements,
maintenance or discontinuance of service; payment in full of
charges incurred such as non-recurring, monthly recurring, toll,
directory assistance, etc.
2.2 DEPOSIT means assurance provided by a customer in the form of
cash, surety bond or bank letter of credit to be held by
BellSouth.
2.3 END USER means the ultimate user of the telecommunications
services.
2.4 END USER CUSTOMER LOCATION means the physical location of the
premises where an end user makes use of the telecommunications
services.
2.5 NEW SERVICES means functions, features or capabilities that are
not currently offered by BellSouth. This includes packaging of
existing services or combining a new function, feature or
capability with an existing service.
2.6 OTHER/COMPETITIVE LOCAL EXCHANGE COMPANY (OLEC/CLEC) means a
telephone company certificated by the public service commissions
of BellSouth's franchised area to provide local exchange service
within BellSouth's franchised area.
2.7 RESALE means an activity wherein a certificated CLEC, such as
Xxxxxxxxx.xxx subscribes to the telecommunications services of
BellSouth and then reoffers those telecommunications services to
the public (with or without "adding value").
2.8 RESALE SERVICE AREA means the area, as defined in a public service
commission approved certificate of operation, within which an
CLEC, such as Xxxxxxxxx.xxx, may offer resold local exchange
telecommunications service.
3. GENERAL PROVISIONS
3.1 All of the negotiated rates, terms and conditions set forth in
this Attachment pertain to the resale of BellSouth's retail
telecommunications services and other services specified in this
Attachment. Xxxxxxxxx.xxx may resell the tariffed local exchange
and toll telecommunications services of BellSouth contained in the
General Subscriber Service Tariff and Private Line Service Tariff
subject to the terms, and conditions specifically set forth
herein. Notwithstanding the foregoing, the exclusions and
limitations on services available for resale will be as set forth
in Exhibit B, attached hereto and incorporated herein by this
reference.
Attachment 1
Page 4
BellSouth shall make available telecommunications services for
resale at the rates set forth in Exhibit A to this Agreement and
subject to the exclusions and limitations set forth in Exhibit B
to this Agreement. BellSouth does not however waive its rights to
appeal or otherwise challenge any decision regarding resale that
resulted in the discount rates contained in Exhibit A or the
exclusions and limitations contained in Exhibit B. BellSouth
reserves the right to pursue any and all legal and/or equitable
remedies, including appeals of any decisions. If such appeals or
challenges result in changes in the discount rates or exclusions
and limitations, the parties agree that appropriate modifications
to this Agreement will be made promptly to make its terms
consistent with the outcome of the appeal.
3.2 Xxxxxxxxx.xxx may purchase resale services from BellSouth for
their own use in operating their business. The resale discount
will apply to those services under the following conditions:
3.2.1 Xxxxxxxxx.xxx must resell services to other end users.
3.2.2 Xxxxxxxxx.xxx must order services through resale interfaces,
i.e., the Local Carrier Service Center (LCSC) and/or appropriate
Resale Account Teams pursuant to Section 3 of the General Terms
and Conditions.
3.2.3 Xxxxxxxxx.xxx cannot be an alternative local exchange
telecommunications company for the single purpose of selling to
themselves.
3.3 The provision of services by BellSouth to Xxxxxxxxx.xxx does not
constitute a joint undertaking for the furnishing of any service.
3.4 Xxxxxxxxx.xxx will be the customer of record for all services
purchased from BellSouth. Except as specified herein, BellSouth
will take orders from, xxxx and expect payment from Xxxxxxxxx.xxx
for all services.
3.5 Xxxxxxxxx.xxx will be BellSouth's single point of contact for all
services purchased pursuant to this Agreement. BellSouth shall
have no contact with the end user except to the extent provided
for herein.
3.6 BellSouth will continue to xxxx the end user for any services that
the end user specifies it wishes to receive directly from
BellSouth.
3.7 BellSouth maintains the right to serve directly any end user
within the service area of Xxxxxxxxx.xxx. BellSouth will continue
to directly market its own telecommunications products and
services and in doing so may establish independent relationships
with end users of Xxxxxxxxx.xxx.
3.8 Neither Party shall interfere with the right of any person or
entity to obtain service directly from the other Party.
3.9 Current telephone numbers may normally be retained by the end
user. However, telephone numbers are the property of BellSouth and
are assigned to the service furnished. Xxxxxxxxx.xxx has no
property right to the telephone number or any other call number
designation associated with services furnished by BellSouth, and
no right to the continuance of service through any particular
central office. BellSouth reserves the right to change such
numbers, or the central office designation associated with such
numbers, or both, whenever BellSouth deems it necessary to do so
in the conduct of its business.
Attachment 1
Page 5
3.10 For the purpose of the resale of BellSouth's telecommunications
services by Xxxxxxxxx.xxx, BellSouth will provide Xxxxxxxxx.xxx
with an on line access to telephone numbers for reservation on a
first come first serve basis. Such reservations of telephone
numbers, on a pre-ordering basis shall be for a period of nine (9)
days. Xxxxxxxxx.xxx acknowledges that there may be instances where
there is a shortage of telephone numbers in a particular Common
Language Location Identifier Code (CLLIC) and in such instances
BellSouth may request that Xxxxxxxxx.xxx cancel its reservations
of numbers. Xxxxxxxxx.xxx shall comply with such request.
Further, upon Xxxxxxxxx.xxx's request, and for the purpose of the
resale of BellSouth's telecommunications services by
Xxxxxxxxx.xxx, BellSouth will reserve up to 100 telephone numbers
per CLLIC, for Xxxxxxxxx.xxx's sole use. Such telephone number
reservations shall be valid for ninety (90) days from the
reservation date. Xxxxxxxxx.xxx acknowledges that there may be
instances where there is a shortage of telephone numbers in a
particular CLLIC and in such instances BellSouth shall use its
best efforts to reserve for a ninety (90) day period a sufficient
quantity of Xxxxxxxxx.xxx's reasonable need in that particular
CLLIC.
3.11 BellSouth may provide any service or facility for which a charge
is not established herein, as long as it is offered on the same
terms to Xxxxxxxxx.xxx.
3.12 Service is furnished subject to the condition that it will not be
used for any unlawful purpose.
3.13 Service will be discontinued if any law enforcement agency advises
that the service being used is in violation of the law.
3.14 BellSouth can refuse service when it has grounds to believe that
service will be used in violation of the law.
3.15 BellSouth accepts no responsibility to any person for any unlawful
act committed by Xxxxxxxxx.xxx or its end users as part of
providing service to Xxxxxxxxx.xxx for purposes of resale or
otherwise.
3.16 BellSouth will cooperate fully with law enforcement agencies with
subpoenas and court orders for assistance with BellSouth's end
users. Law enforcement agency subpoenas and court orders regarding
end users of Xxxxxxxxx.xxx will be directed to Xxxxxxxxx.xxx.
BellSouth will xxxx Xxxxxxxxx.xxx for implementing any requests
by law enforcement agencies regarding Xxxxxxxxx.xxx end users.
3.17 The characteristics and methods of operation of any circuits,
facilities or equipment provided by any person or entity other
than BellSouth shall not:
3.17.1 Interfere with or impair service over any facilities of
BellSouth, its affiliates, or its connecting and concurring
carriers involved in its service;
3.17.2 Cause damage to BellSouth's plant;
3.17.3 Impair the privacy of any communications; or
3.17.4 Create hazards to any BellSouth employees or the public.
3.18 Xxxxxxxxx.xxx. assumes the responsibility of notifying BellSouth
regarding less than standard operations with respect to services
provided by Xxxxxxxxx.xxx.
Attachment 1
Page 6
3.19 Facilities and/or equipment utilized by BellSouth to provide
service to Xxxxxxxxx.xxx remain the property of BellSouth.
3.20 White page directory listings will be provided in accordance with
regulations set forth in Section A6 of the General Subscriber
Services Tariff and will be available for resale.
3.21 BellSouth provides electronic access to customer record
information. Access is provided through the Local Exchange
Navigation System (LENS) and the Telecommunications Access Gateway
(TAG). Customer Record Information includes but is not limited to,
customer specific information in XXXX and RSAG. Xxxxxxxxx.xxx
agrees not to view, copy, or otherwise obtain access to the
customer record information of any customer without that
customer's permission, and further agrees that Xxxxxxxxx.xxx will
obtain access to customer record information only in strict
compliance with applicable laws, rules, or regulations of the
State in which the service is provided.
3.22 All costs incurred by BellSouth to develop and implement
operational interfaces shall be recovered from Resellers who
utilize the services. Charges for use of Operational Support
Systems (OSS) shall be as set forth in Exhibit A of this
attachment.
3.23 Where available to BellSouth's end users, BellSouth shall provide
the following telecommunications services at a discount to allow
for voice mail services:
- Simplified Message Desk Interface - Enhanced ("SMDI-E")
- Simplified Message Desk Interface ("SMDI") Message Waiting
Indicator ("MWI") stutter dialtone and message waiting
light feature capabilities
- Call Forward on Busy/Don't Answer ("CF-B/DA")
- Call Forward on Busy ("CF/B")
- Call Forward Don't Answer ("CF/DA")
Further, BellSouth messaging services set forth in BellSouth's
Messaging Service Information Package shall be made available for
resale without the wholesale discount.
3.24 BellSouth's Inside Wire Maintenance Service Plans may be made
available for resale at rates, terms and conditions as set forth
by BellSouth and without the wholesale discount.
3.25 All costs incurred by BellSouth for providing services requested
by Xxxxxxxxx.xxx that are not covered in the BellSouth tariffs
shall be recovered from the Xxxxxxxxx.xxx(s) who utilize those
services.
3.26 Recovery of charges associated with implementing Number
Portability through monthly charges assessed to end users has been
authorized by the FCC. This end user line charge will be billed to
Resellers of BellSouth's telecommunications services and will be
as filed in FCC No. 1. This charge will not be discounted.
Attachment 1
Page 7
4. BELLSOUTH'S PROVISION OF SERVICES TO XXXXXXXXX.XXX
4.1 Xxxxxxxxx.xxx agrees that its resale of BellSouth services shall
be as follows:
4.1.1 The resale of telecommunications services shall be limited
to users and uses conforming to the class of service
restrictions.
4.1.2 Hotel and Hospital PBX services are the only
telecommunications services available for resale to
Hotel/Motel and Hospital end users, respectively.
Similarly, Access Line Service for Customer Provided Coin
Telephones is the only local service available for resale
to Independent Payphone Provider (IPP) customers. Shared
Tenant Service customers can only be sold those local
exchange access services available in BellSouth's A23
Shared Tenant Service Tariff in the states of Florida,
Georgia, North Carolina and South Carolina, and in A27 in
the states of Alabama, Kentucky, Louisiana, Mississippi and
Tennessee.
4.1.3 BellSouth reserves the right to periodically audit services
purchased by Xxxxxxxxx.xxx to establish authenticity of
use. Such audit shall not occur more than once in a
calendar year. Xxxxxxxxx.xxx shall make any and all records
and data available to BellSouth or BellSouth's auditors on
a reasonable basis. BellSouth shall bear the cost of said
audit.
4.2 Resold services can only be used in the same manner as specified
in BellSouth's Tariffs. Resold services are subject to the same
terms and conditions as are specified for such services when
furnished to an individual end user of BellSouth in the
appropriate section of BellSouth's Tariffs. Specific tariff
features, e.g. a usage allowance per month, shall not be
aggregated across multiple resold services.
4.3 Xxxxxxxxx.xxx may resell services only within the specific resale
service area as defined in its certificate.
4.4 Telephone numbers transmitted via any resold service feature are
intended solely for the use of the end user of the feature. Resale
of this information is prohibited.
5. MAINTENANCE OF SERVICES
5.1 Xxxxxxxxx.xxx will adopt and adhere to the standards contained in
the applicable CLEC Work Center Operational Understanding
Agreement regarding maintenance and installation of service.
5.2 Services resold under BellSouth's Tariffs and facilities and
equipment provided by BellSouth shall be maintained by BellSouth.
5.3 Xxxxxxxxx.xxx or its end users may not rearrange, move,
disconnect, remove or attempt to repair any facilities owned by
BellSouth, other than by connection or disconnection to any
interface means used, except with the written consent of
BellSouth.
5.4 Xxxxxxxxx.xxx accepts responsibility to notify BellSouth of
situations that arise that may result in a service problem.
5.5 Xxxxxxxxx.xxx will be BellSouth's single point of contact for all
repair calls on behalf of Xxxxxxxxx.xxx's end users. The parties
agree to provide one another with toll-free contact numbers for
such purposes.
Attachment 1
Page 8
5.6 Xxxxxxxxx.xxx will contact the appropriate repair centers in
accordance with procedures established by BellSouth.
5.7 For all repair requests, Xxxxxxxxx.xxx accepts responsibility for
adhering to BellSouth's prescreening guidelines prior to referring
the trouble to BellSouth.
5.8 BellSouth will xxxx Xxxxxxxxx.xxx for handling troubles that are
found not to be in BellSouth's network pursuant to its standard
time and material charges. The standard time and material charges
will be no more than what BellSouth charges to its retail
customers for the same services.
5.9 BellSouth reserves the right to contact Xxxxxxxxx.xxx's end users,
if deemed necessary, for maintenance purposes.
6. ESTABLISHMENT OF SERVICE
6.1 After receiving certification as a local exchange company from
the appropriate regulatory agency, Xxxxxxxxx.xxx will provide the
appropriate BellSouth service center the necessary documentation
to enable BellSouth to establish a master account for
Xxxxxxxxx.xxx's resold services. Such documentation shall include
the Application for Master Account, proof of authority to provide
telecommunications services, an Operating Company Number ("OCN")
assigned by the National Exchange Carriers Association ("NECA")
and a tax exemption certificate, if applicable. When necessary
deposit requirements are met, BellSouth will begin taking orders
for the resale of service.
6.2 Service orders will be in a standard format designated by
BellSouth.
6.3 When notification is received from Xxxxxxxxx.xxx that a current
end user of BellSouth will subscribe to Xxxxxxxxx.xxx's service,
standard service order intervals for the appropriate class of
service will apply.
6.4 BellSouth will not require end user confirmation prior to
establishing service for Xxxxxxxxx.xxx's end user customer.
Xxxxxxxxx.xxx must, however, be able to demonstrate end user
authorization upon request.
6.5 Xxxxxxxxx.xxx will be the single point of contact with BellSouth
for all subsequent ordering activity resulting in additions or
changes to resold services except that BellSouth will accept a
request directly from the end user for conversion of the end
user's service from Xxxxxxxxx.xxx to BellSouth or will accept a
request from another CLEC for conversion of the end user's service
from Xxxxxxxxx.xxx to the other LEC. BellSouth will notify
Xxxxxxxxx.xxx that such a request has been processed.
6.6 If BellSouth determines that an unauthorized change in local
service to Xxxxxxxxx.xxx has occurred, BellSouth will reestablish
service with the appropriate local service provider and will
assess Xxxxxxxxx.xxx as the CLEC initiating the unauthorized
change, the unauthorized change charge described in F.C.C. Tariff
No. 1, Section 13 or applicable state tariff. Appropriate
nonrecurring charges, as set forth in Section A4. of the General
Subscriber Service Tariff, will also be assessed to Xxxxxxxxx.xxx.
These charges can be adjusted if Xxxxxxxxx.xxx provides
satisfactory proof of authorization.
6.7 In order to safeguard its interest, BellSouth reserves the right
to secure the account with a suitable form of security deposit,
unless satisfactory credit has already been established.
Attachment 1
Page 9
6.7.1 Such security deposit shall take the form of an irrevocable
Letter of Credit or other forms of security acceptable to
BellSouth. Any such security deposit may be held during the
continuance of the service as security for the payment of
any and all amounts accruing for the service.
6.7.2 If a security deposit is required, such security deposit
shall be made prior to the inauguration of service.
6.7.3 Such security deposit may not exceed two months' estimated
billing.
6.7.4 The fact that a security deposit has been made in no way
relieves Xxxxxxxxx.xxx from complying with BellSouth's
regulations as to advance payments and the prompt payment
of bills on presentation nor does it constitute a waiver or
modification of the regular practices of BellSouth
providing for the discontinuance of service for non-payment
of any sums due BellSouth.
6.7.5 BellSouth reserves the right to increase the security
deposit requirements when, in its sole judgment,
circumstances so warrant and/or gross monthly billing has
increased beyond the level initially used to determine the
security deposit.
6.7.6 In the event that Xxxxxxxxx.xxx defaults on its account,
service to Xxxxxxxxx.xxx will be terminated and any
security deposits held will be applied to its account.
6.7.7 Interest on a security deposit shall accrue and be paid in
accordance with the terms in the appropriate BellSouth
tariff.
7. PAYMENT AND BILLING ARRANGEMENTS
7.1 Prior to submitting orders to BellSouth for local service, a
master account must be established for Xxxxxxxxx.xxx. The
Xxxxxxxxx.xxx is required to provide the following before a master
account is established: proof of PSC/PUC certification, the
Application for Master Account, an Operating Company Number.
("OCN") assigned by the National Exchange Carriers Association
("NECA") and a tax exemption certificate, if applicable.
7.2 BellSouth shall xxxx Xxxxxxxxx.xxx on a current basis all
applicable charges and credits.
7.3 Payment of all charges will be the responsibility of
Xxxxxxxxx.xxx. Xxxxxxxxx.xxx shall make payment to BellSouth
for all services billed. BellSouth is not responsible for
payments not received by Xxxxxxxxx.xxx from Xxxxxxxxx.xxx's end
user. BellSouth will not become involved in billing disputes
that may arise between Xxxxxxxxx.xxx and its end user. Payments
made to BellSouth as payment on account will be credited to an
accounts receivable master account and not to an end user's
account.
7.4 BellSouth will render bills each month on established xxxx days
for each of Xxxxxxxxx.xxx's accounts.
7.5 BellSouth will xxxx Xxxxxxxxx.xxx in advance charges for all
services to be provided during the ensuing billing period except
charges associated with service usage, which will be billed in
arrears. Charges will be calculated on an individual end user
account level, including, if applicable, any charge for usage or
usage allowances. BellSouth will also xxxx Xxxxxxxxx.xxx, and
Xxxxxxxxx.xxx will be responsible for and remit to BellSouth, all
charges applicable to resold
Attachment 1
Page 10
services including but not limited to 911 and E911 charges,
telecommunications relay charges (TRS), and franchise fees.
7.6 The payment will be due by the next xxxx date (i.e., same date in
the following month as the xxxx date) and is payable in
immediately available funds. Payment is considered to have been
made when received by BellSouth.
7.6.1 If the payment due date falls on a Sunday or on a Holiday
which is observed on a Monday, the payment due date shall
be the first non-Holiday day following such Sunday or
Holiday. If the payment due date falls on a Saturday or on
a Holiday which is observed on Tuesday, Wednesday,
Thursday, or Friday, the payment due date shall be the last
non-Holiday day preceding such Saturday or Holiday. If
payment is not received by the payment due date, a late
payment penalty, as set forth in section 7.8 following,
shall apply.
7.6.2 If Xxxxxxxxx.xxx requests multiple billing media or
additional copies of bills, BellSouth will provide these at
an appropriate charge to Xxxxxxxxx.xxx.
7.6.3 Billing Disputes
7.6.3.1 Each Party agrees to notify the other Party upon
the discovery of a billing dispute. In the event of
a billing dispute, the Parties will endeavor to
resolve the dispute within sixty (60) calendar days
of the Xxxx Date on which such disputed charges
appear. Resolution of the dispute is expected to
occur at the first level of management resulting in
a recommendation for settlement of the dispute and
closure of a specific billing period. If the issues
are not resolved within the allotted time frame,
the following resolution procedure will begin:
7.6.3.2 If the dispute is not resolved within sixty (60)
days of the Xxxx Date, the dispute will be escalated
to the second level of management for each of the
respective Parties for resolution. If the dispute is
not resolved within ninety (90) days of the Xxxx
Date, the dispute will be escalated to the third
level of management for each of the respective
Parties for resolution
7.6.3.3 If the dispute is not resolved within one hundred
and twenty (120) days of the Xxxx Date, the dispute
will be escalated to the fourth level of management
for each of the respective Parties for resolution.
7.6.3.4 If a Party disputes a charge and does not pay such
charge by the payment due date, such charges shall
be subject to late payment charges as set forth in
the Late Payment Charges provision of this
Attachment. If a Party disputes charges and the
dispute is resolved in favor of such Party, the
other Party shall credit the xxxx of the disputing
Party for the amount of the disputed charges along
with any late payment charges assessed no later than
the second Xxxx Date after the resolution of the
dispute. Accordingly, if a Party disputes charges
and the dispute is resolved in favor of the other
Party, the disputing Party shall pay the other Party
the amount of the disputed charges and any
associated late payment charges assessed no later
than the second xxxx payment due date after the
resolution of the dispute. BellSouth shall only
assess interest on previously assessed late payment
charges in a state where it has authority pursuant
to its tariffs.
Attachment 1
Page 11
7.7 Upon proof of tax exempt certification from Xxxxxxxxx.xxx, the
total amount billed to Xxxxxxxxx.xxx will not include any taxes
due from the end user to reflect the tax exempt certification and
local tax laws. Xxxxxxxxx.xxx will be solely responsible for the
computation, tracking, reporting, and payment of taxes applicable
to Xxxxxxxxx.xxx's end user.
7.8 If any portion of the payment is received by BellSouth after the
payment due date as set forth preceding, or if any portion of the
payment is received by BellSouth in funds that are not immediately
available to BellSouth, then a late payment penalty shall be due
to BellSouth. The late payment penalty shall be the portion of the
payment not received by the payment due date times a late factor
and will be applied on a per xxxx basis. The late factor shall be
as set forth in Section A2 of the General Subscriber Services
Tariff and Section B2 of the Private Line Service Tariff.
7.9 Any switched access charges associated with interexchange carrier
access to the resold local exchange lines will be billed by, and
due to, BellSouth. No additional charges are to be assessed to
Xxxxxxxxx.xxx
7.10 BellSouth will not perform billing and collection services for
Xxxxxxxxx.xxx as a result of the execution of this Agreement. All
requests for billing services should be referred to the
appropriate entity or operational group within BellSouth.
7.11 Pursuant to 47 CFR Section 51.617, BellSouth will xxxx
Xxxxxxxxx.xxx end user common line charges identical to the end
user common line charges BellSouth bills its end users.
7.12 In general, BellSouth will not become involved in disputes between
Xxxxxxxxx.xxx and Xxxxxxxxx.xxx's end user customers over resold
services. If a dispute does arise that cannot be settled without
the involvement of BellSouth, Xxxxxxxxx.xxx shall contact the
designated Service Center for resolution. BellSouth will make
every effort to assist in the resolution of the dispute and will
work with Xxxxxxxxx.xxx to resolve the matter in as timely a
manner as possible. Xxxxxxxxx.xxx may be required to submit
documentation to substantiate the claim.
8. DISCONTINUANCE OF SERVICE
8.1 The procedures for discontinuing service to an end user are as
follows:
8.1.1 Where possible, BellSouth will deny service to
Xxxxxxxxx.xxx's end user on behalf of, and at the request
of, Xxxxxxxxx.xxx. Upon restoration of the end user's
service, restoral charges will apply and will be the
responsibility of Xxxxxxxxx.xxx.
8.1.2 At the request of Xxxxxxxxx.xxx, BellSouth will disconnect
a Xxxxxxxxx.xxx end user customer.
8.1.3 All requests by Xxxxxxxxx.xxx for denial or disconnection
of an end user for nonpayment must be in writing.
8.1.4 Xxxxxxxxx.xxx will be made solely responsible for notifying
the end user of the proposed disconnection of the service.
8.1.5 BellSouth will continue to process calls made to the
Annoyance Call Center and will advise Xxxxxxxxx.xxx when it
is determined that annoyance calls are originated from one
Attachment 1
Page 12
of their end user's locations. BellSouth shall be
indemnified, defended and held harmless by Xxxxxxxxx.xxx
and/or the end user against any claim, loss or damage
arising from providing this information to Xxxxxxxxx.xxx.
It is the responsibility of Xxxxxxxxx.xxx to take the
corrective action necessary with its end users who make
annoying calls. Failure to do so will result in BellSouth's
disconnecting the end user's service.
8.1.6 BellSouth may disconnect and reuse facilities when the
facility is in a denied state and BellSouth has received an
order to establish new service or transfer of service from
an end user or an end user's CLEC at the same address
served by the denied facility.
8.2 The procedures for discontinuing service to Xxxxxxxxx.xxx are as
follows:
8.2.1 BellSouth reserves the right to suspend or terminate
service for nonpayment or in the event of prohibited,
unlawful or improper use of the facilities or service,
abuse of the facilities, or any other violation or
noncompliance by Xxxxxxxxx.xxx of the rules and
regulations of BellSouth's Tariffs.
8.2.2 If payment of account is not received by the xxxx xxx in
the month after the original xxxx xxx, BellSouth may
provide written notice to Xxxxxxxxx.xxx, that additional
applications for service will be refused and that any
pending orders for service will not be completed if payment
is not received by the fifteenth day following the date of
the notice. In addition BellSouth may, at the same time,
give thirty days notice to the person designated by
Xxxxxxxxx.xxx to receive notices of noncompliance, and
discontinue the provision of existing services to
Xxxxxxxxx.xxx at any time thereafter.
8.2.3 In the case of such discontinuance, all billed charges, as
well as applicable termination charges, shall become due.
8.2.4 If BellSouth does not discontinue the provision of the
services involved on the date specified in the thirty days
notice and Xxxxxxxxx.xxx's noncompliance continues, nothing
contained herein shall preclude BellSouth's right to
discontinue the provision of the services to Xxxxxxxxx.xxx
without further notice.
8.2.5 If payment is not received or arrangements made for payment
by the date given in the written notification,
Xxxxxxxxx.xxx's services will be discontinued. Upon
discontinuance of service on a Xxxxxxxxx.xxx's account,
service to Xxxxxxxxx.xxx's end users will be denied.
BellSouth will also reestablish service at the request of
the end user or Xxxxxxxxx.xxx upon payment of the
appropriate connection fee and subject to BellSouth's
normal application procedures. Xxxxxxxxx.xxx is solely
responsible for notifying the end user of the proposed
disconnection of the service.
8.2.6 If within fifteen days after an end user's service has been
denied no contact has been made in reference to restoring
service, the end user's service will be disconnected.
9. LINE INFORMATION DATABASE (LIDB)
9.1 BellSouth will store in its Line Information Database (LIDB)
records relating to service only in the BellSouth region. The LIDB
Storage Agreement is included in this Attachment as Exhibit C.
9.2 BellSouth will provide LIDB Storage upon written request to
Xxxxxxxxx.xxx Account Manager stating requested activation date.
Attachment 1
Page 13
10. XXX HOSTING
10.1 The XXX Hosting Agreement is included in this Attachment as
Exhibit D. Rates for BellSouth's Centralized Message
Distribution System (CMDS) are as set forth in Exhibit H of
this Attachment.
10.2 BellSouth will provide XXX Hosting upon written request to
its Account Manager stating requested activation date.
11. Optional Daily Usage File (ODUF)
11.1 The Optional Daily Usage File (ODUF) Agreement with terms
and conditions is included in this Attachment as Exhibit E.
Rates for ODUF are as set forth in Exhibit H of this
Attachment.
11.2 BellSouth will provide Optional Daily Usage File (ODUF)
service upon written request to its Account Manager stating
requested activation date.
12. ENHANCED OPTIONAL DAILY USAGE FILE (EODUF)
12.1 The Enhanced Optional Daily Usage File (EODUF) service
Agreement with terms and conditions is included in this
Attachment as Exhibit F. Rates for EODUF are as set forth
in Exhibit H of this Attachment.
12.2 BellSouth will provide Enhanced Optional Daily Usage File
(EODUF) service upon written request to its Account Manager
stating requested activation date.
13. CALLING NAME DELIVERY (CNAM) DATABASE SERVICE
13.1 Calling Name Delivery (CNAM) Database Service Agreement is
included in this Attachment as Exhibit G. Rates for CNAM
are as set forth in Exhibit H of this Attachment.
13.2 BellSouth will provide Calling Name Delivery (CNAM)
Database service upon written request to its Account
Manager stating requested activation date.
Attachment 1
Page 14
EXHIBIT A
PAGE 1
APPLICABLE DISCOUNTS
The telecommunications services available for purchase by
Xxxxxxxxx.xxx for the purposes of resale to Xxxxxxxxx.xxx end users shall be
available at the following discount off of the retail rate.
DISCOUNT*
----------------------------------------------------------------------------------------------------------
STATE RESIDENCE BUSINESS CSAs***
----------------------------------------------------------------------------------------------------------
ALABAMA 16.3% 16.3%
----------------------------------------------------------------------------------------------------------
FLORIDA 21.83% 16.81%
----------------------------------------------------------------------------------------------------------
GEORGIA 20.3% 17.3%
----------------------------------------------------------------------------------------------------------
KENTUCKY 16.79% 15.54%
----------------------------------------------------------------------------------------------------------
LOUISIANA 20.72% 20.72% 9.05%
----------------------------------------------------------------------------------------------------------
MISSISSIPPI 15.75% 15.75%
----------------------------------------------------------------------------------------------------------
NORTH CAROLINA 21.5% 17.6%
----------------------------------------------------------------------------------------------------------
SOUTH CAROLINA 14.8% 14.8% 8.98%
----------------------------------------------------------------------------------------------------------
TENNESSEE" 16% 16%
----------------------------------------------------------------------------------------------------------
* When a CLEC provides Resale service in a cross boundary area (areas that
are part of the local serving area of another state's exchange) the
rates, regulations and discounts for the tariffing state will apply.
Billing will be from the serving state.
** In Tennessee, if CLEC provides its own operator services and directory
services, the discount shall be 21.56%. CLEC must provide written
notification to BellSouth within 30 days prior to providing its own
operator services and directory services to qualify for the higher
discount rate of 21.56%.
*** Unless noted in this column, the discount for Business will be the
applicable discount rate for CSAs.
Attachment 1
Page 15
EXHIBIT A
PAGE 2
OPERATIONAL SUPPORT SYSTEMS (OSS) RATES
BellSouth has developed and made available the following mechanized systems by
which Xxxxxxxxx.xxx may submit LSRs electronically.
LENS Local Exchange Navigation System
EDI Electronic Data Interface
EDI-PC Electronic Data Interface - Personal Computer
TAG Telecommunications Access Gateway
LSRs submitted by means of one of these interactive interfaces will incur an OSS
electronic ordering charge as specified in the Table below. An individual LSR
will be identified for billing purposes by its Purchase Order Number (PON). LSRs
submitted by means other than one of these interactive interfaces (mail, fax,
courier, etc.) will incur a manual order charge as specified in the table below:
---------------------------------------------------------------------------------------------------------------------
OPERATIONAL ELECTRONIC MANUAL
SUPPORT SYSTEMS PER LSR RECEIVED FROM THE CLEC PER LSR RECEIVED FROM THE CLEC
(OSS) RATES BY ONE OF THE OSS INTERACTIVE BY MEANS OTHER THAN ONE OF THE
INTERFACES OSS INTERACTIVE INTERFACES
---------------------------------------------------------------------------------------------------------------------
OSS LSR CHARGE $3.50 $19.99
---------------------------------------------------------------------------------------------------------------------
USOC SOMEC XXXXX
---------------------------------------------------------------------------------------------------------------------
Note: In addition to the OSS charges, applicable discounted service order and
related discounted charges apply per the tariff.
DENIAL/RESTORAL OSS CHARGE
In the event Xxxxxxxxx.xxx provides a list of customers to be denied and
restored, rather than an LSR, each location on the list will require a separate
PON and, therefore will be billed as one LSR per location.
CANCELLATION OSS CHARGE
Xxxxxxxxx.xxx will incur an OSS charge for an accepted LSR that is later
canceled by Xxxxxxxxx.xxx.
Note: Supplements or clarifications to a previously billed LSR will not incur
another OSS charge.
THRESHOLD BILLING PLAN
The Parties agree that Xxxxxxxxx.xxx will incur the mechanized rate for all
LSRs, both mechanized and manual, if the percentage of mechanized LSRs to total
LSRs meets or exceeds the threshold percentages shown below:
Year Ratio: Mechanized/Total LSRs
1999 70%
2000 80%
2001 90%
The threshold plan will be discontinued in 2002.
BellSouth will track the total LSR volume for each CLEC for each quarter. At the
end of that time period, a Percent Electronic LSR calculation will be made for
that quarter based on the LSR data tracked in the LCSC. If this
Attachment 1
Page 16
percentage exceeds the threshold volume, all of that CLECs' future manual LSRs
will be billed at the mechanized LSR rate. To allow time for obtaining and
analyzing the data and updating the billing system, this billing change will
take place on the first day of the second month following the end of the quarter
(e.g. May 1 for 1Q, Aug 1 for 2Q, etc.). There will be no adjustments to the
amount billed for previously billed LSRs.
The Parties agree that any charges BellSouth is unable to xxxx on April 15, 1999
will be trued up on or about July 1, 1999.
Attachment 1
Page 17
EXHIBIT B
PAGE 1 OF 2
EXCLUSIONS AND LIMITATIONS
ON SERVICES AVAILABLE FOR RESALE
---------------------------------------------------------------------------------------------------------------------------------
AL FL GA KY LA
Type of ----------------------------------------------------------------------------------------------
Service Resale? Discount? Resale? Discount? Resale? Discount? Resale? Discount? Resale? Discount?
---------------------------------------------------------------------------------------------------------------------------------
1 Grandfathered Services
(Note 1) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
---------------------------------------------------------------------------------------------------------------------------------
2 Contract Service Arrangements Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
---------------------------------------------------------------------------------------------------------------------------------
3 Promotions - > 90 Days
(Note 2) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
---------------------------------------------------------------------------------------------------------------------------------
4 Promotions - < 90 Days
(Note 2) Yes No Yes No Yes No No No Yes No
---------------------------------------------------------------------------------------------------------------------------------
5 Lifeline/Link Up Services Yes Yes Yes Yes Yes Yes Note 4 Note 4 Yes Yes
---------------------------------------------------------------------------------------------------------------------------------
6 911 /E911 Services Yes Yes Yes Yes Yes Yes Yes Yes No No
---------------------------------------------------------------------------------------------------------------------------------
7 N11 Services Yes Yes Yes Yes Yes Yes No No No No
---------------------------------------------------------------------------------------------------------------------------------
8 AdWatch-SM- Svc (See Note 6) Yes No Yes No Yes No Yes No Yes No
---------------------------------------------------------------------------------------------------------------------------------
9 MemoryCall-Registered
Trademark- Service Yes No Yes No Yes No Yes No Yes No
---------------------------------------------------------------------------------------------------------------------------------
10 Mobile Services Yes No Yes No Yes No Yes No Yes No
---------------------------------------------------------------------------------------------------------------------------------
11 Federal Subscriber Line
Charges Yes No Yes No Yes No Yes No Yes No
---------------------------------------------------------------------------------------------------------------------------------
12 Non-Recurring Charges Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
---------------------------------------------------------------------------------------------------------------------------------
13 End User Line Charge -
Number Portability Yes No Yes No Yes No Yes No Yes No
---------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
MS NC SC TN
-----------------------------------------------------------------------------
Type of -----------------------------------------------------------------------------
Service Resale? Discount? Resale? Discount? Resale? Discount? Resale? Discount?
----------------------------------------------------------------------------------------------------------------
1 Grandfathered Services
(Note 1) Yes Yes Yes Yes Yes Yes Yes Yes
----------------------------------------------------------------------------------------------------------------
2 Contract Service Arrangements Yes Yes Yes Yes Yes Yes Yes Yes
----------------------------------------------------------------------------------------------------------------
3 Promotions - > 90 Days
(Note 2) Yes Yes Yes Yes Yes Yes Yes Note 3
----------------------------------------------------------------------------------------------------------------
4 Promotions - > 90 Days
(Note 2) Yes No Yes No Yes No No No
----------------------------------------------------------------------------------------------------------------
5 Lifeline/Link Up Services Yes Yes Yes Yes Yes Yes Yes Note 4
----------------------------------------------------------------------------------------------------------------
6 911 /E911 Services Yes Yes Yes Yes Yes Yes Yes Yes
----------------------------------------------------------------------------------------------------------------
7 N11 Services No No No No Yes Yes Yes Yes
----------------------------------------------------------------------------------------------------------------
8 AdWatch-SM- Svc (See Note 6) Yes No Yes No Yes No Yes No
----------------------------------------------------------------------------------------------------------------
9 MemoryCall-Registered
Trademark- Service Yes No Yes No Yes No Yes No
----------------------------------------------------------------------------------------------------------------
10 Mobile Services Yes No Yes No Yes No Yes No
----------------------------------------------------------------------------------------------------------------
11 Federal Subscriber Line
Charges Yes No Yes No Yes No Yes No
----------------------------------------------------------------------------------------------------------------
12 Non-Recurring Charges Yes Yes Yes Yes Yes Yes Yes No
----------------------------------------------------------------------------------------------------------------
13 End User Line Charge -
Number Portability Yes No Yes No Yes No Yes No
----------------------------------------------------------------------------------------------------------------
APPLICABLE NOTES:
1 GRANDFATHERED SERVICES can be resold only to existing subscribers of the
grandfathered service.
2 Where available for resale, PROMOTIONS will be made available only to end
users who would have qualified for the promotion had it been provided by
BellSouth directly.
3 In Tennessee, long-term PROMOTIONS (offered for more than ninety (90)
days) may be obtained at one of the following rates:
(a) the stated tariff rate, less the wholesale discount;
(b) the promotional rate (the promotional rate offered by
BellSouth will not be discounted further by the wholesale discount
rate)
Attachment 1
Page 18
EXHIBIT B
PAGE 2 OF 2
4. LIFELINE/LINK UP services may be offered only to those subscribers who
meet the criteria that BellSouth currently applies to subscribers of
these services.
5 Some of BellSouth's local exchange and toll telecommunications services
are not available in certain central offices and areas.
6 AdWatch-SM- Service is tariffed as BellSouth-Registered Trademark- AIN
Virtual Number Call Detail Service.
Attachment 1
Page 19
EXHIBIT C
LINE INFORMATION DATA BASE (LIDB)
STORAGE AGREEMENT
I. SCOPE
A. This Agreement sets forth the terms and conditions pursuant to
which BST agrees to store in its LIDB certain information at the request of the
Local Exchange Company and pursuant to which BST, its LIDB customers and Local
Exchange Carrier shall have access to such information. Local Exchange Carrier
understands that BST provides access to information in its LIDB to various
telecommunications service providers pursuant to applicable tariffs and agrees
that information stored at the request of Local Exchange Carrier, pursuant to
this Agreement, shall be available to those telecommunications service
providers. The terms and conditions contained in the attached Addendum(s) are
hereby made a part of this Agreement as if fully incorporated herein.
B. LIDB is accessed for the following purposes:
1. Billed Number Screening
2. Calling Card Validation
3. Fraud Control
C. BST will provide seven days per week, 24-hours per day, fraud
monitoring on Calling Cards, xxxx-to-third and collect calls made to numbers in
BST's LIDB, provided that such information is included in the LIDB query. BST
will establish fraud alert thresholds and will notify the Local Exchange Company
of fraud alerts so that the Local Exchange Company may take action it deems
appropriate. Local Exchange Company understands and agrees BST will administer
all data stored in the LIDB, including the data provided by Local Exchange
Company pursuant to this Agreement, in the same manner as BST's data for BST's
end user customers. BST shall not be responsible to Local Exchange Company for
any lost revenue which may result from BST's administration of the LIDB pursuant
to its established practices and procedures as they exist and as they may be
changed by BST in its sole discretion from time to time.
Attachment 1
Page 20
EXHIBIT C
Local Exchange Company understands that BST currently has in effect
numerous billing and collection agreements with various interexchange carriers
and billing clearing houses. Local Exchange Company further understands that
these billing and collection customers of BST query BST's LIDB to determine
whether to accept various billing options from end users. Additionally, Local
Exchange Company understands that presently BST has no method to differentiate
between BST's own billing and line data in the LIDB and such data which it
includes in the LIDB on Local Exchange Company's behalf pursuant to this
Agreement. Therefore, until such time as BST can and does implement in its LIDB
and its supporting systems the means to differentiate Local Exchange Company's
data from BST's data and the parties to this Agreement execute appropriate
amendments hereto, the following terms and conditions shall apply:
(a) The Local Exchange Company agrees that it will accept
responsibility for telecommunications services billed by BST for its billing and
collection customers for Local Exchange Customer's end user accounts which are
resident in LIDB pursuant to this Agreement. Local Exchange Company authorizes
BST to place such charges on Local Exchange Company's xxxx from BST and agrees
that it shall pay all such charges. Charges for which Local Exchange Company
hereby takes responsibility include, but are not limited to, collect and third
number calls.
(b) Charges for such services shall appear on a separate BST xxxx xxxx
identified with the name of the entity for which BST is billing the charge.
(c) Local Exchange Company shall have the responsibility to render a
billing statement to its end users for these charges, but Local Exchange
Company's obligation to pay BST for the charges billed shall be independent of
whether Local Exchange Company is able or not to collect from the Local Exchange
Company's end users.
(d) BST shall not become involved in any disputes between Local
Exchange Company and the entities for which BST performs billing and collection.
BellSouth will not issue adjustments for charges billed on behalf of an entity
to Local Exchange Company. It
Attachment 1
Page 21
EXHIBIT C
shall be the responsibility of the Local Exchange Company and the other entity
to negotiate and arrange for any appropriate adjustments.
II. TERM
This Agreement will be effective as of _____________ 199__, and
will continue in effect for one year, and thereafter may be continued until
terminated by either party upon thirty (30) days written notice to the other
party.
III. FEES FOR SERVICE AND TAXES
A. The Local Exchange Company will not be charged a fee for storage
services provided by BST to the Local Exchange Company, as described in Section
I of this Agreement.
B. Sales, use and all other taxes (excluding taxes on BST's income)
determined by BST or any taxing authority to be due to any federal, state or
local taxing jurisdiction with respect to the provision of the service set forth
herein will be paid by the Local Exchange Company. The Local Exchange Company
shall have the right to have BST contest with the imposing jurisdiction, at the
Local Exchange Company's expense, any such taxes that the Local Exchange Company
deems are improperly levied.
IV. INDEMNIFICATION
To the extent not prohibited by law, each party will indemnify the
other and hold the other harmless against any loss, cost, claim, injury, or
liability relating to or arising out of negligence or willful misconduct by
the indemnifying party or its agents or contractors in connection with the
indemnifying party's provision of services, provided, however, that any
indemnity for any loss, cost, claim, injury or liability arising out of or
relating to errors or omissions in the provision of services under this
Agreement shall be limited as otherwise specified in this Agreement. The
indemnifying party under this Section agrees to defend any suit brought
against the other party for any such loss, cost, claim, injury or liability.
The indemnified party agrees to notify the other party promptly, in writing,
of any written claims, lawsuits, or demands for which the other party is
responsible under this Section and to cooperate in every reasonable way to
facilitate defense or settlement of
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EXHIBIT C
claims. The indemnifying party shall not be liable under this Section for
settlement by the indemnified party of any claim, lawsuit, or demand unless the
defense of the claim, lawsuit, or demand has been tendered to it in writing and
the indemnifying party has unreasonably failed to assume such defense.
V. LIMITATION OF LIABILITY
Neither party shall be liable to the other party for any lost
profits or revenues or for any indirect, incidental or consequential damages
incurred by the other party arising from this Agreement or the services
performed or not performed hereunder, regardless of the cause of such loss or
damage.
VI. MISCELLANEOUS
A. It is understood and agreed to by the parties that BST may provide
similar services to other companies.
B. All terms, conditions and operations under this Agreement shall be
performed in accordance with, and subject to, all applicable local, state or
federal legal and regulatory tariffs, rulings, and other requirements of the
federal courts, the U. S. Department of Justice and state and federal regulatory
agencies. Nothing in this Agreement shall be construed to cause either party to
violate any such legal or regulatory requirement and either party's obligation
to perform shall be subject to all such requirements.
C. The Local Exchange Company agrees to submit to BST all advertising,
sales promotion, press releases, and other publicity matters relating to this
Agreement wherein BST's corporate or trade names, logos, trademarks or service
marks or those of BST's affiliated companies are mentioned or language from
which the connection of said names or trademarks therewith may be inferred or
implied; and the Local Exchange Company further agrees not to publish or use
advertising, sales promotions, press releases, or publicity matters without
BST's prior written approval.
D. This Agreement constitutes the entire agreement between the Local
Exchange Company and BST which supersedes all prior agreements or contracts,
oral or written representations, statements, negotiations, understandings,
proposals and undertakings with respect to the subject matter hereof.
E. Except as expressly provided in this Agreement, if any part of this
Agreement is held or
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EXHIBIT C
construed to be invalid or unenforceable, the validity of any other Section of
this Agreement shall remain in full force and effect to the extent permissible
or appropriate in furtherance of the intent of this Agreement.
F. Neither party shall be held liable for any delay or failure in
performance of any part of this Agreement for any cause beyond its control and
without its fault or negligence, such as acts of God, acts of civil or military
authority, government regulations, embargoes, epidemics, war, terrorist acts,
riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods,
strikes, power blackouts, volcanic action, other major environmental
disturbances, unusually severe weather conditions, inability to secure products
or services of other persons or transportation facilities, or acts or omissions
of transportation common carriers.
G. This Agreement shall be deemed to be a contract made under the laws
of the State of Georgia, and the construction, interpretation and performance of
this Agreement and all transactions hereunder shall be governed by the domestic
law of such State.
RESALE ADDENDUM
TO LINE INFORMATION DATA BASE (LIDB)
STORAGE AGREEMENT
This is a Resale Addendum to the Line Information Data Base Storage
Agreement dated __________________199__, between BellSouth Telecommunications,
Inc. ("BST"), and Local Exchange Company ("Local Exchange Company"), effective
the ______ day of _________, 199__.
I. GENERAL
This Addendum sets forth the terms and conditions for Local Exchange
Company's provision of billing number information to BST for inclusion in BST's
LIDB. BST will store in its LIDB the billing number information provided by
Local Exchange Company, and BST will provide responses to on-line, call-by-call
queries to this information for purposes specified in Section I.B. of the
Agreement.
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EXHIBIT C
II. DEFINITIONS
A. Billing number - a number used by BST for the purpose of
identifying an account liable for charges. This number may be a line or a
special billing number.
B. Line number - a ten digit number assigned by BST that identifies a
telephone line associated with a resold local exchange service, or with a SPNP
arrangement.
C. Special billing number - a ten digit number that identifies a
billing account established by BST in connection with a resold local exchange
service or with a SPNP arrangement.
D. Calling Card number - a billing number plus PIN number assigned by
BST.
E. PIN number - a four digit security code assigned by BST which is
added to a billing number to compose a fourteen digit calling card number.
F. Toll billing exception indicator - associated with a billing number
to indicate that it is considered invalid for billing of collect calls or third
number calls or both, by the Local Exchange Company.
G. Billed Number Screening - refers to the activity of determining
whether a toll billing exception indicator is present for a particular billing
number.
H. Calling Card Validation - refers to the activity of determining
whether a particular calling card number exists as stated or otherwise provided
by a caller.
I. Billing number information - information about billing number or
Calling Card number as assigned by BST and toll billing exception indicator
provided to BST by the Local Exchange Company.
III. RESPONSIBILITIES OF PARTIES
A. BST will include billing number information associated with resold
exchange lines or SPNP arrangements in its LIDB. The Local Exchange Company will
request any toll billing exceptions via the Local Service Request (LSR) form
used to order resold exchange lines, or the SPNP service request form used to
order SPNP arrangements.
B. Under normal operating conditions, BST shall include the billing
number information in its LIDB upon completion of the service order establishing
either the resold local exchange service or the SPNP
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EXHIBIT C
arrangement, provided that BST shall not be held responsible for any delay or
failure in performance to the extent such delay or failure is caused by
circumstances or conditions beyond BST's reasonable control. BST will store in
its LIDB an unlimited volume of the working telephone numbers associated with
either the resold local exchange lines or the SPNP arrangements. For resold
local exchange lines or for SPNP arrangements, BST will issue line-based calling
cards only in the name of Local Exchange Company. BST will not issue line based
calling cards in the name of Local Exchange Company's individual end users. In
the event that Local Exchange Company wants to include calling card numbers
assigned by the Local Exchange Company in the BST LIDB, a separate agreement is
required.
C. BST will provide responses to on-line, call-by-call queries to the
stored information for the specific purposes listed in the next paragraph.
D. BST is authorized to use the billing number information to perform
the following functions for authorized users on an on-line basis:
1 . Validate a 14 digit Calling Card number where the first 10 digits
are a line number or special billing number assigned by BST, and where the last
four digits (PIN) are a security code assigned by BST.
2. Determine whether the Local Exchange Company has identified the
billing number as one which should not be billed for collect or third number
calls, or both.
Attachment 1
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EXHIBIT X
XXX HOSTING
1 XXX Hosting, Calling Card and Third Number Settlement System (CATS) and
Non-Intercompany Settlement System (NICS) services provided to
Xxxxxxxxx.xxx by BellSouth will be in accordance with the methods and
practices regularly adopted and applied by BellSouth to its own
operations during the term of this Agreement, including such revisions as
may be made from time to time by BellSouth.
2 Xxxxxxxxx.xxx shall furnish all relevant information required by
BellSouth for the provision of XXX Hosting, CATS and NICS.
3 Applicable compensation amounts will be billed by BellSouth to
Xxxxxxxxx.xxx on a monthly basis in arrears. Amounts due from one Party
to the other (excluding adjustments) are payable within thirty (30) days
of receipt of the billing statement.
4 Xxxxxxxxx.xxx must have its own unique XXX code. Requests for
establishment of XXX status where BellSouth is the selected Centralized
Message Distribution System (CMDS) interfacing host, require written
notification from Xxxxxxxxx.xxx to the BellSouth XXX Hosting coordinator
at least eight (8) weeks prior to the proposed effective date. The
proposed effective date will be mutually agreed upon between the Parties
with consideration given to time necessary for the completion of required
Telcordia (formerly BellCore) functions. BellSouth will request the
assignment of an XXX code from its connecting contractor, currently
Telcordia (formerly BellCore), on behalf of Xxxxxxxxx.xxx and will
coordinate all associated conversion activities.
5 BellSouth will receive messages from Xxxxxxxxx.xxx that are to be
processed by BellSouth, another LEC or CLEC in the BellSouth region or a
LEC outside the BellSouth region.
6 BellSouth will perform invoice sequence checking, standard EMI format
editing, and balancing of message data with the EMI trailer record counts
on all data received from Xxxxxxxxx.xxx.
7 All data received from Xxxxxxxxx.xxx that is to be processed or billed by
another LEC or CLEC within the BellSouth region will be distributed to
that LEC or CLEC in accordance with the agreement(s) which may be in
effect between BellSouth and the involved LEC or CLEC.
8 All data received from Xxxxxxxxx.xxx that is to be placed on the CMDS
network for distribution outside the BellSouth region will be handled in
accordance with the agreement(s) which may be in effect between BellSouth
and its connecting contractor (currently Telcordia (formerly BellCore)).
9 BellSouth will receive messages from the CMDS network that are destined
to be processed by Xxxxxxxxx.xxx and will forward them to Xxxxxxxxx.xxx
on a daily basis.
10 Transmission of message data between BellSouth and Xxxxxxxxx.xxx will be
via CONNECT:Direct.
11. All messages and related data exchanged between BellSouth and
Xxxxxxxxx.xxx will be formatted in accordance with accepted industry
standards for EMI formatted records and packed between appropriate EMI
header and trailer records, also in accordance with accepted industry
standards.
12 Xxxxxxxxx.xxx will ensure that the recorded message detail necessary to
recreate files provided to Bellsouth will be maintained for back-up
purposes for a period of three (3) calendar months beyond the related
message dates.
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EXHIBIT D
13 Should it become necessary for Xxxxxxxxx.xxx to send data to BellSouth
more than sixty (60) days past the message date(s), Xxxxxxxxx.xxx will
notify BellSouth in advance of the transmission of the data. If there
will be impacts outside the BellSouth region, BellSouth will work with
its connecting contractor and Xxxxxxxxx.xxx to notify all affected
Parties.
14 In the event that data to be exchanged between the two Parties should
become lost or destroyed, both Parties will work together to determine
the source of the problem. Once the cause of the problem has been jointly
determined and the responsible Party (BellSouth or Xxxxxxxxx.xxx)
identified and agreed to, the company responsible for creating the data
(BellSouth or Xxxxxxxxx.xxx) will make every effort to have the affected
data restored and retransmitted. If the data cannot be retrieved, the
responsible Party will be liable to the other Party for any resulting
lost revenue. Lost revenue may be a combination of revenues that could
not be billed to the end users and associated access revenues. Both
Parties will work together to estimate the revenue amount based upon
historical data through a method mutually agreed upon. The resulting
estimated revenue loss will be paid by the responsible Party to the other
Party within three (3) calendar months of the date of problem resolution,
or as mutually agreed upon by the Parties.
15 Should an error be detected by the EMI format edits performed by
BellSouth on data received from Xxxxxxxxx.xxx, the entire pack containing
the affected data will not be processed by BellSouth. BellSouth will
notify Xxxxxxxxx.xxx of the error condition. Xxxxxxxxx.xxx will correct
the error(s) and will resend the entire pack to BellSouth for processing.
In the event that an out-of-sequence condition occurs on subsequent
packs, Xxxxxxxxx.xxx will resend these packs to BellSouth after the pack
containing the error has been successfully reprocessed by BellSouth.
16 In association with message distribution service, BellSouth will provide
Xxxxxxxxx.xxx with associated intercompany settlements reports (CATS and
NICS) as appropriate.
17 In no case shall either Party be liable to the other for any direct or
consequential damages incurred as a result of the obligations set out in
this agreement.
18 XXX COMPENSATION
18.1 Rates for message distribution service provided by BellSouth for
Xxxxxxxxx.xxx are as set forth in Exhibit A to this Attachment.
18.2 Rates for data transmission associated with message distribution service
are as set forth in Exhibit A to this Attachment.
18.3 Data circuits (private line or dial-up) will be required between
BellSouth and Xxxxxxxxx.xxx for the purpose of data transmission. Where a
dedicated line is required, Xxxxxxxxx.xxx will be responsible for
ordering the circuit, overseeing its installation and coordinating the
installation with BellSouth. Xxxxxxxxx.xxx will also be responsible for
any charges associated with this line. Equipment required on the
BellSouth end to attach the line to the mainframe computer and to
transmit successfully ongoing will be negotiated on a case by case basis.
Where a dial-up facility is required, dial circuits will be installed in
the BellSouth data center by BellSouth and the associated charges
assessed to Xxxxxxxxx.xxx. Additionally, all message toll charges
associated with the use of the dial circuit by Xxxxxxxxx.xxx will be the
responsibility of Xxxxxxxxx.xxx. Associated equipment on the BellSouth
end, including a modem, will be negotiated on a case by case basis
between the Parties.
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EXHIBIT D
18.4 All equipment, including modems and software, that is required on the
Xxxxxxxxx.xxx end for the purpose of data transmission will be the
responsibility of Xxxxxxxxx.xxx.
19 INTERCOMPANY SETTLEMENTS MESSAGES
19.1 This Section addresses the settlement of revenues associated with traffic
originated from or billed by Xxxxxxxxx.xxx as a facilities based provider
of local exchange telecommunications services outside the BellSouth
region. Only traffic that originates in one Xxxx operating territory and
bills in another Xxxx operating territory is included. Traffic that
originates and bills within the same Xxxx operating territory will be
settled on a local basis between Xxxxxxxxx.xxx and the involved
company(ies), unless that company is participating in NICS.
19.2 Both traffic that originates outside the BellSouth region by
Xxxxxxxxx.xxx and is billed within the BellSouth region, and traffic that
originates within the BellSouth region and is billed outside the
BellSouth region by Xxxxxxxxx.xxx, is covered by this Agreement (CATS).
Also covered is traffic that either is originated by or billed by
Xxxxxxxxx.xxx, involves a company other than Xxxxxxxxx.xxx, qualifies for
inclusion in the CATS settlement, and is not originated or billed within
the BellSouth region (NICS).
19.3 Once Xxxxxxxxx.xxx is operating within the BellSouth territory, revenues
associated with calls originated and billed within the BellSouth region
will be settled via Telcordia (formerly BellCore)'s, its successor or
assign, NICS system.
19.4 BellSouth will receive the monthly NICS reports from Telcordia (formerly
BellCore), its successor or assign, on behalf of Xxxxxxxxx.xxx. BellSouth
will distribute copies of these reports to Xxxxxxxxx.xxx on a monthly
basis.
19.5 BellSouth will receive the monthly Calling Card and Third Number
Settlement System (CATS) reports from Telcordia (formerly BellCore), its
successor or assign, on behalf of Xxxxxxxxx.xxx. BellSouth will
distribute copies of these reports to Xxxxxxxxx.xxx on a monthly basis.
19.6 BellSouth will collect the revenue earned by Xxxxxxxxx.xxx from the Xxxx
operating company in whose territory the messages are billed (CATS), less
a per message billing and collection fee of five cents ($0.05), on behalf
of Xxxxxxxxx.xxx. BellSouth will remit the revenue billed by
Xxxxxxxxx.xxx to the Xxxx operating company in whose territory the
messages originated, less a per message billing and collection fee of
five cents ($0.05), on behalf on Xxxxxxxxx.xxx. These two amounts will be
netted together by BellSouth and the resulting charge or credit issued to
Xxxxxxxxx.xxx via a monthly Carrier Access Billing System (CABS)
miscellaneous xxxx.
19.7 BellSouth will collect the revenue earned by Xxxxxxxxx.xxx within the
BellSouth territory from another CLEC also within the BellSouth territory
(NICS) where the messages are billed, less a per message billing and
collection fee of five cents ($0.05), on behalf of Xxxxxxxxx.xxx.
Bellsouth will remit the revenue billed by Xxxxxxxxx.xxx within the
BellSouth region to the CLEC also within the Bellsouth region, where the
messages originated, less a per message billing and collection fee of
five cents ($0.05). These two amounts will be netted together by
BellSouth and the resulting charge or credit issued to Xxxxxxxxx.xxx via
a monthly Carrier Access Billing System (CABS) miscellaneous xxxx.
BellSouth and Xxxxxxxxx.xxx agree that monthly netted amounts of less
than fifty dollars ($50.00) will not be settled.
Attachment 1
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EXHIBIT E
OPTIONAL DAILY USAGE FILE
1 Upon written request from Xxxxxxxxx.xxx, BellSouth will provide the
Optional Daily Usage File (ODUF) service to Xxxxxxxxx.xxx pursuant to the
terms and conditions set forth in this section.
2 The Xxxxxxxxx.xxx shall furnish all relevant information required by
BellSouth for the provision of the Optional Daily Usage File.
3 The Optional Daily Usage Feed will contain billable messages that were
carried over the BellSouth Network and processed in the BellSouth Billing
System, but billed to a Xxxxxxxxx.xxx customer. Charges for delivery of
the Optional Daily Usage File will appear on the Essential.coms' monthly
bills. The charges are as set forth in Exhibit A to this Attachment.
4 The Optional Daily Usage Feed will contain both rated and unrated
messages. All messages will be in the standard Alliance for
Telecommunications Industry Solutions (ATIS) EMI record format.
5 Messages that error in the billing system of the Xxxxxxxxx.xxx, will be
the responsibility of the Xxxxxxxxx.xxx. If, however, the Xxxxxxxxx.xxx
should encounter significant volumes of errored messages that prevent
processing by the Xxxxxxxxx.xxx within its systems, BellSouth will work
with the Xxxxxxxxx.xxx to determine the source of the errors and the
appropriate resolution.
6 The following specifications shall apply to the Optional Daily Usage
Feed.
6.1 USAGE TO BE TRANSMITTED
6.1.1 The following messages recorded by BellSouth will be transmitted to the
Xxxxxxxxx.xxx:
- message recording for per use/per activation type services
(examples: Three Way Calling, Verify, Interrupt, Call
Return, ETC.)
- measured billable Local
- Directory Assistance messages
- intraLATA Toll
- WATS & 800 Service
- N11
- Information Service Provider Messages
- Operator Services Messages
- Operator Services Message Attempted Calls (UNE only)
- Credit/Cancel Records
- Usage for Voice Mail Message Service
Attachment 1
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EXHIBIT E
6.1.2 Rated Incollects (originated in BellSouth and from other companies) can
also be on Optional Daily Usage File. Rated Incollects will be
intermingled with BellSouth recorded rated and unrated usage. Rated
Incollects will not be packed separately.
6.1.3 BellSouth will perform duplicate record checks on records processed to
Optional Daily Usage File. Any duplicate messages detected will be
deleted and not sent to Xxxxxxxxx.xxx.
6.1.4 In the event that Xxxxxxxxx.xxx detects a duplicate on Optional Daily
Usage File they receive from BellSouth, Xxxxxxxxx.xxx will drop the
duplicate message (Xxxxxxxxx.xxx will not return the duplicate to
BellSouth).
6.2 PHYSICAL FILE CHARACTERISTICS
6.2.1 The Optional Daily Usage File will be distributed to Xxxxxxxxx.xxx via an
agreed medium with CONNECT:Direct being the preferred transport method.
The Daily Usage Feed will be a variable block format (2476) with an LRECL
of 2472. The data on the Daily Usage Feed will be in a non-compacted EMI
format (175 byte format plus modules). It will be created on a daily
basis (Monday through Friday except holidays). Details such as dataset
name and delivery schedule will be addressed during negotiations of the
distribution medium. There will be a maximum of one dataset per workday
per OCN.
6.2.2 Data circuits (private line or dial-up) may be required between BellSouth
and Xxxxxxxxx.xxx for the purpose of data transmission. Where a dedicated
line is required, Xxxxxxxxx.xxx will be responsible for ordering the
circuit, overseeing its installation and coordinating the installation
with BellSouth. Xxxxxxxxx.xxx will also be responsible for any charges
associated with this line. Equipment required on the BellSouth end to
attach the line to the mainframe computer and to transmit successfully
ongoing will be negotiated on a case by case basis. Where a dial-up
facility is required, dial circuits will be installed in the BellSouth
data center by BellSouth and the associated charges assessed to
Xxxxxxxxx.xxx. Additionally, all message toll charges associated with the
use of the dial circuit by Xxxxxxxxx.xxx. will be the responsibility of
Xxxxxxxxx.xxx. Associated equipment on the BellSouth end, including a
modem, will be negotiated on a case by case basis between the parties.
All equipment, including modems and software, that is required on
Xxxxxxxxx.xxx end for the purpose of data transmission will be the
responsibility of Xxxxxxxxx.xxx.
6.3 PACKING SPECIFICATIONS
6.3.1 A pack will contain a minimum of one message record or a maximum of
99,999 message records plus a pack header record and a pack trailer
record. One transmission can contain a maximum of 99 packs and a minimum
of one pack.
6.3.2 The OCN, From XXX, and Invoice Number will control the invoice
sequencing. The From XXX will be used to identify to Xxxxxxxxx.xxx which
BellSouth XXX that is sending the message. BellSouth and Xxxxxxxxx.xxx
will use the invoice sequencing to control data exchange. BellSouth will
be notified of sequence failures identified by Xxxxxxxxx.xxx. and resend
the data as appropriate.
THE DATA WILL BE PACKED USING ATIS EMI RECORDS.
6.4 PACK REJECTION
6.4.1 Xxxxxxxxx.xxx will notify BellSouth within one business day of rejected
packs (via the mutually agreed medium). Packs could be rejected because
of pack sequencing discrepancies or a critical edit failure on the Pack
Header or Pack Trailer records (i.e. out-of-balance condition on grand
totals, invalid data populated). Standard ATIS EMI Error Codes will be
used. Xxxxxxxxx.xxx will not be required to return the actual
Attachment I
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EXHIBIT E
rejected data to BellSouth. Rejected packs will be corrected and
retransmitted to Xxxxxxxxx.xxx by BellSouth.
6.5 Control Data
Xxxxxxxxx.xxx will send one confirmation record per pack that is received
from BellSouth. This confirmation record will indicate Xxxxxxxxx.xxx
received the pack and the acceptance or rejection of the pack. Pack
Status Code(s) will be populated using standard ATIS EMI error codes for
packs that were rejected by Xxxxxxxxx.xxx for reasons stated in the
above section.
6.6 TESTING
6.6.1 Upon request from Xxxxxxxxx.xxx, BellSouth shall send test files to
Xxxxxxxxx.xxx for the Optional Daily Usage File. The parties agree to
review and discuss the file's content and/or format. For testing of usage
results, BellSouth shall request that Xxxxxxxxx.xxx set up a production
(LIVE) file. The live test may consist of Xxxxxxxxx.xxx's employees
making test calls for the types of services Xxxxxxxxx.xxx requests on the
Optional Daily Usage File. These test calls are logged by Xxxxxxxxx.xxx,
and the logs are provided to BellSouth. These logs will be used to verify
the files. Testing will be completed within 30 calendar days from the
date on which the initial test file was sent.
ATTACHMENT I
PAGE 32
EXHIBIT F
ENHANCED OPTIONAL DAILY USAGE FILE
1 Upon written request from Xxxxxxxxx.xxx, BellSouth will provide the
Enhanced Optional Daily Usage File (EODUF) service to Xxxxxxxxx.xxx
pursuant to the terms and conditions set forth in this section. EODUF
will only be sent to existing ODUF subscribers who request the EODUF
option.
2 The Xxxxxxxxx.xxx shall furnish all relevant information required by
BellSouth for the provision of the Enhanced Optional Daily Usage File.
3 The Enhanced Optional Daily Usage File (EODUF) will provide usage data
for local calls originating from resold Flat Rate Business and
Residential Lines. Charges for delivery of the Enhanced Optional Daily
Usage File will appear on the Essential.coms' monthly bills. The charges
are as set forth in Exhibit A to this Attachment.
4 All messages will be in the standard Alliance for Telecommunications
Industry Solutions (ATIS) EMI record format.
5 Messages that error in the billing system of the Xxxxxxxxx.xxx will be
the responsibility of the Xxxxxxxxx.xxx. If, however, the Xxxxxxxxx.xxx
should encounter significant volumes of errored messages that prevent
processing by the Xxxxxxxxx.xxx within its systems, BellSouth will work
with the Xxxxxxxxx.xxx to determine the source of the errors and the
appropriate resolution.
6 The following specifications shall apply to the Optional Daily Usage
Feed.
6.1 USAGE TO BE TRANSMITTED
6.1.1 The following messages recorded by BellSouth will be transmitted to
Xxxxxxxxx.xxx:
Customer usage data for flat rated local call originating from CLEC end
user lines (1FB or 1FR). The EODUF record for flat rate messages will
include:
Date of Call
From Number
To Number
Connect Time
Conversation Time
Method of Recording
From XXX
Rate Class
Message Type
Billing Indicators
Xxxx to Number
6.1.2 BellSouth will perform duplicate record checks on EODUF records processed
to Optional Daily Usage File. Any duplicate messages detected will be
deleted and not sent to Xxxxxxxxx.xxx.
Attachment 1
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EXHIBIT F
6.1.3 In the event that Xxxxxxxxx.xxx detects a duplicate on Enhanced Optional
Daily Usage File they receive from BellSouth, Xxxxxxxxx.xxx will drop the
duplicate message (Xxxxxxxxx.xxx will not return the duplicate to
BellSouth).
6.2 PHYSICAL FILE CHARACTERISTICS
6.2.1 The Enhanced Optional Daily Usage Feed will be distributed to
Xxxxxxxxx.xxx over their existing Optional Daily Usage File (ODUF) feed.
The EODUF messages will be intermingled among Xxxxxxxxx.xxx's Optional
Daily Usage File (ODUF) messages. The EODUF will be a variable block
format (2476) with an LRECL of 2472. The data on the EODUF will be in a
non-compacted EMI format (175 byte format plus modules). It will be
created on a daily basis (Monday through Friday except holidays).
6.2.2 Data circuits (private line or dial-up) may be required between BellSouth
and Xxxxxxxxx.xxx for the purpose of data transmission. Where a dedicated
line is required, Xxxxxxxxx.xxx will be responsible for ordering the
circuit, overseeing its installation and coordinating the installation
with BellSouth. Xxxxxxxxx.xxx will also be responsible for any charges
associated with this line. Equipment required on the BellSouth end to
attach the line to the mainframe computer and to transmit successfully
ongoing will be negotiated on a case by case basis. Where a dial-up
facility is required, dial circuits will be installed in the BellSouth
data center by BellSouth and the associated charges assessed to
Xxxxxxxxx.xxx. Additionally, all message toll charges associated with the
use of the dial circuit by Xxxxxxxxx.xxx. will be the responsibility of
Xxxxxxxxx.xxx. Associated equipment on the BellSouth end, including a
modem, will be negotiated on a case by case basis between the parties.
All equipment, including modems and software, that is required on
Xxxxxxxxx.xxx. end for the purpose of data transmission will be the
responsibility of Xxxxxxxxx.xxx.
6.3 PACKING SPECIFICATIONS
6.3.1 A pack will contain a minimum of one message record or a maximum of
99,999 message records plus a pack header record and a pack trailer
record. One transmission can contain a maximum of 99 packs and a minimum
of one pack.
6.3.2 The Operating Company Number (OCN), From Revenue Accounting Office (XXX),
and Invoice Number will control the invoice sequencing. The From XXX will
be used to identify to Xxxxxxxxx.xxx which BellSouth XXX that is sending
the message. BellSouth and Xxxxxxxxx.xxx will use the invoice sequencing
to control data exchange. BellSouth will be notified of sequence failures
identified by Xxxxxxxxx.xxx and resound the data as appropriate.
THE DATA WILL BE PACKED USING ATIS EMI RECORDS.
Attachment 1
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EXHIBIT G
CALLING NAME DELIVERY (CNAM) DATABASE SERVICES
1.00 DEFINITIONS
For the purpose of this Attachment, the following terms shall be defined as:
CALLING NAME DELIVERY DATABASE SERVICE (CNAM) - The ability to associate a name
with the calling party number, allowing the end user subscriber (to which a call
is being terminated) to view the calling party's name before the call is
answered. This service also provides Xxxxxxxxx.xxx the opportunity to load and
store its subscriber names in the BellSouth CNAM SCPs.
CALLING PARTY NUMBER (CPN) - The number of the calling party that is delivered
to the terminating switch using common channel signaling system 7 (CCS7)
technology, and that is contained in the Initial Address Message (IAM) portion
of the CCS7 call setup.
COMMON CHANNEL SIGNALING SYSTEM 7 (CCS7) - A network signaling technology in
which all signaling information between two or more nodes is transmitted over
high-speed data links, rather than over voice circuits.
SERVICE CONTROL POINTs (SCPs) - The real-time data base systems that contain the
names to be provided in response to queries received from CNAM SSPs.
SERVICE MANAGEMENT SYSTEM (SMS) - The main operations support system of CNAM
DATABASE SERVICE. CNAM records are loaded into the SMS, which in turn downloads
into the CNAM SCP.
SERVICE SWITCHING POINTs (SSPs) - Features of computerized switches in the
telephone network that determine that a terminating line has subscribed to CNAM
service, and then communicate with CNAM SCPs in order to provide the name
associated with the calling party number.
SUBSYSTEM NUMBER (SSN) - The address used in the Signaling Connection Control
Part (SCCP) layer of the SS7 protocol to designate an application at an end
signaling point. A SSN for CNAM at the end office designates the CNAM
application within the end office. BellSouth uses the CNAM SSN of 232.
ATTACHMENT
2.01 This Attachment contains the terms and conditions where BellSouth will
provide to the Xxxxxxxxx.xxx access to the BellSouth CNAM SCP for query
or record storage purposes.
2.02 Xxxxxxxxx.xxx shall submit to BellSouth a notice of its intent to access
and utilize BellSouth CNAM Database Services pursuant to the terms and
conditions of this Attachment. Said notice shall be in writing, no less
than 60 days prior to Xxxxxxxxx.xxx's access to BellSouth's CNAM Database
Services and shall be addressed to Xxxxxxxxx.xxx's Account Manager.
3.00 PHYSICAL CONNECTION AND COMPENSATION
3.01 BellSouth's provision of CNAM Database Services to Xxxxxxxxx.xxx.
requires interconnection from Xxxxxxxxx.xxx Xxxxxxxxx.xxx to BellSouth
CNAM Service Control Points (SCPs). Such interconnections shall be
established pursuant to Attachment 3 of this Agreement. The appropriate
charge for access to and use of the BellSouth CNAM Database service shall
be as set forth in this Attachment.
3.02 In order to formulate a CNAM query to be sent to the BellSouth CNAM SCP,
Xxxxxxxxx.xxx Xxxxxxxxx.xxx shall provide its own CNAM SSP.
Xxxxxxxxx.xxx's Xxxxxxxxx.xxx CNAM SSPs must be compliant with TR-NWT-
001188, "CLASS Calling Name Delivery Generic Requirements".
Attachment 1
Page 35
EXHIBIT G
3.03 If Xxxxxxxxx.xxx elects to access the BellSouth CNAM SCP via a third
party CCS7 transport provider, the third party CCS7 provider shall
interconnect with the XxxxXxxxx XXX0 network according to BellSouth's
Common Channel Signaling Interconnection Guidelines and Telcordia
(formerly BellCore)'s CCS Network Interface Specification document,
TR-TSV-000905. In addition, the third party provider shall establish CCS7
interconnection at the BellSouth Local Signal Transfer Points (LSTPs)
serving the BellSouth CNAM SCPs that Xxxxxxxxx.xxx desires to query.
3.04 OUT-OF-REGION CUSTOMERS. If the customer queries the BellSouth CNAM SCP
via a third party national SS7 transport provider, the third party SS7
provider shall interconnect with the XxxxXxxxx XXX0 network according to
BellSouth's Common Channel Signaling Interconnection Guidelines and
Bellcore's CCS Network Interface Specification document, TR-TSV-000905.
In addition, the third party provider shall establish SS7 interconnection
at one or more of the BellSouth Gateway Signal Transfer Points (STPs).
The payment of all costs associated with the transport of SS7 signals via
a third party will be established by mutual agreement of the parties and
writing shall, by this reference become an integral part of this
Agreement.
4.00 CNAM RECORD INITIAL LOAD AND UPDATES
4.01 The mechanism to be used by Xxxxxxxxx.xxx for initial CNAM record load
and/or updates shall be determined by mutual agreement. The initial load
and all updates shall be provided by Xxxxxxxxx.xxx in the BellSouth
specified format and shall contain records for every working telephone
number that can originate phone calls. It is the responsibility of
Xxxxxxxxx.xxx to provide accurate information to BellSouth on a current
basis.
4.02 Updates to the SMS shall occur no less than once a week, reflect service
order activity affecting either name or telephone number, and involve
only record additions, deletions or changes.
4.03 Xxxxxxxxx.xxx CNAM records provided for storage in the BellSouth CNAM SCP
shall be available, on a SCP query basis only, to all parties querying
the BellSouth CNAM SCP. Further, CNAM service shall be provided by each
party consistent with state and/or federal regulation.
Attachment 1
Exhibit H
Rates - Page 1
BELLSOUTH/CLEC-1 RATES
ODUF/EDOUF/CMDS/CNAM
The rates contained within this Exhibit were negotiated as a whole within the
negotiations of the terms and conditions contained within the Attachment and
each rate, term and condition is interdependent upon the other rates, terms
and conditions within this Attachment.
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RATES BY STATE
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DESCRIPTION USOC AL FL GA KY
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ODUF/EODUF/CMDS
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ODUF: RECORDING, PER MESSAGE N/A $0.0002 $0.008 $0.008 $0.0008611
-----------------------------------------------------------------------------------------------------------------------------
ODUF: MESSAGE PROCESSING, PER MESSAGE N/A $0.0033 $0.004 $0.004 $0.0032357
-----------------------------------------------------------------------------------------------------------------------------
EODUF: MESSAGE PROCESSING, PER MESSAGE N/A $0.004 $0.004 $0.004 $0.004
-----------------------------------------------------------------------------------------------------------------------------
CMDS: MESSAGE PROCESSING, PER MESSAGE N/A $0.004 $0.004 $0.004 $0.004
-----------------------------------------------------------------------------------------------------------------------------
ODUF: MESSAGE PROCESSING, PER MAGNETIC TAPE PROVISIONED N/A $55.19 $54.95 $54.95 $55.68
-----------------------------------------------------------------------------------------------------------------------------
EODUF: MESSAGE PROCESSING, PER MAGNETIC TAPE PROVISIONED N/A $47.30 $47.30 $47.30 $47.30
-----------------------------------------------------------------------------------------------------------------------------
ODUF: DATA TRANSMISSION (CONNECT:DIRECT), PER MESSAGE N/A $0.00004 $0.001 $0.001 $0.0000365
-----------------------------------------------------------------------------------------------------------------------------
EODUF: DATA TRANSMISSION (CONNECT:DIRECT), PER MESSAGE N/A $0.0000364 $0.0000364 $0.0000364 $0.0000364
-----------------------------------------------------------------------------------------------------------------------------
CMDS: DATA TRANSMISSION (CONNECT:DIRECT), PER MESSAGE N/A $0.001 $0.001 $0.001 $0.001
-----------------------------------------------------------------------------------------------------------------------------
CALLING NAME (CNAM) QUERY SERVICE
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CNAM (DATABASE OWNER), PER QUERY N/A $0.016 $0.016 $0.016 $0.016
-----------------------------------------------------------------------------------------------------------------------------
CNAM (NON-DATABASE OWNER), PER QUERY* N/A $0.01 $0.01 $0.01 $0.01
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NRC, APPLICABLE WHEN XXXXXXXXX.XXX USES THE CHARACTER BASED
USER INTERFACE (CHUI) METHOD TO
TRANSMIT THE NAMES TO THE BELLSOUTH CNAM DATABASE N/A $595.00 $595.00 $595.00 $595.00
-----------------------------------------------------------------------------------------------------------------------------
* VOLUME AND TERM ARRANGEMENTS ARE ALSO AVAILABLE.
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RATES BY STATE
-----------------------------------------------------------------------------------------------------------------------------
DESCRIPTION LA MS NC SC TN
-----------------------------------------------------------------------------------------------------------------------------
ODUF/EODUF/CMDS
-----------------------------------------------------------------------------------------------------------------------------
ODUF: RECORDING, PER MESSAGE $0.00019 $0.0001179 $0.008 $0.0002862 $0.008
-----------------------------------------------------------------------------------------------------------------------------
ODUF: MESSAGE PROCESSING, PER MESSAGE $0.0024 $0.0032089 $0.004 $0.0032344 $0.004
-----------------------------------------------------------------------------------------------------------------------------
EODUF: MESSAGE PROCESSING, PER MESSAGE $0.004 $0.004 $0.004 $0.004 $0.004
-----------------------------------------------------------------------------------------------------------------------------
CMDS: MESSAGE PROCESSING, PER MESSAGE $0.004 $0.004 $0.004 $0.004 $0.004
-----------------------------------------------------------------------------------------------------------------------------
ODUF: MESSAGE PROCESSING, PER MAGNETIC TAPE PROVISIONED $47.30 $54.62 $54.95 $54.72 $54.95
-----------------------------------------------------------------------------------------------------------------------------
EODUF: MESSAGE PROCESSING, PER MAGNETIC TAPE PROVISIONED $47.30 $47.30 $47.30 $47.30 $47.30
-----------------------------------------------------------------------------------------------------------------------------
ODUF: DATA TRANSMISSION (CONNECT:DIRECT), PER MESSAGE $0.00003 $0.0000354 $0.001 $0.0000357 $0.001
-----------------------------------------------------------------------------------------------------------------------------
EODUF: DATA TRANSMISSION (CONNECT:DIRECT), PER MESSAGE $0.0000364 $0.0000364 $0.0000364 $0.0000364 $0.0000364
-----------------------------------------------------------------------------------------------------------------------------
CMDS: DATA TRANSMISSION (CONNECT:DIRECT), PER MESSAGE $0.001 $0.001 $0.001 $0.001 $0.001
-----------------------------------------------------------------------------------------------------------------------------
CALLING NAME (CNAM) QUERY SERVICE
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CNAM (DATABASE OWNER), PER QUERY $0.016 $0.016 $0.016 $0.016 $0.016
-----------------------------------------------------------------------------------------------------------------------------
CNAM (NON-DATABASE OWNER), PER QUERY* $0.01 $0.01 $0.01 $0.01 $0.01
-----------------------------------------------------------------------------------------------------------------------------
NRC, APPLICABLE WHEN XXXXXXXXX.XXX USES THE CHARACTER BASED
USER INTERFACE (CHUI) METHOD TO
TRANSMIT THE NAMES TO THE BELLSOUTH CNAM DATABASE $595.00 $595.00 $595.00 $595.00 $595.00
-----------------------------------------------------------------------------------------------------------------------------
* VOLUME AND TERM ARRANGEMENTS ARE ALSO AVAILABLE.
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NOTES:
If no rate is identified in the contract, the rate for the specific service or
function will be as set forth in applicable BellSouth tariff or as negotiated by
the parties upon request by either party.
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