1
EXHIBIT 10.27
Sprint
MASTER RESALE AGREEMENT
with
DIGITAL TELEPORT INC.
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TABLE OF CONTENTS
Page No.
PART A - INTERCONNECTION AND RESALE AGREEMENT 1
PART A-GENERAL TERMS AND CONDITIONS 1
Section 1. Scope of this Agreement 1
Section 2. Regulatory Approvals 2
Section 3. Term and Termination 4
Section 4. Charges and Payment 5
Section 5. Audits and Examinations 5
Section 6. Bona Fide Request Process for Further Unbundling 7
Section 7. Intellectual Property Rights 8
Section 8. Limitation of Liability 8
Section 9. Indemnification 9
Section 10. Remedies 10
Section 11. Branding 10
Section 12. Confidentiality and Publicity 11
Section 13. Warranties 13
Section 14. Assignment and Subcontract 13
Section 15. Governing Law 13
Section 16. Relationship of Parties 14
Section 17. No Third Party Beneficiaries 14
Section 18. Notices 14
Section 19. Waivers 14
Section 20. Survival 15
Section 21. Force Majeure 15
Section 22. Dispute Resolution 15
Section 23. Taxes 16
Section 24. Responsibility for Environmental Hazards 17
Section 25. Amendments and Modifications 19
Section 26. Severability 19
Section 27. Headings Not Controlling 19
Section 28. Entire Agreement 19
Section 29. Counterparts 20
Section 30. Successors and Assigns 20
Section 31. Implementation Plan 20
PART B - DEFINITIONS 23
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PART C - ATTACHMENT I - PRICE SCHEDULE 33
1. General Principles 33
2. Local Service Resale 33
3. Interconnection and Reciprocal Compensation 33
4. Unbundled Network Elements 34
PART C - ATTACHMENT II - LOCAL RESALE 35
Section 1. Telecommunications Services Provided for Resale 35
Section 2. General Terms and Conditions 35
2.1 Pricing 35
2.2 Requirements for Specific Services 35
2.2.1 CENTREX Requirements 35
2.2.2 Voluntary Federal and State Subscriber Financial
Assistance Programs 36
2.2.3 Grandfathered Services 37
2.2.4 N11 Service 37
2.2.5 Contract Service Arrangements, Special Ar-
rangements, and Promotions 37
2.2.6 COCOT Lines 37
2.2.7 Voice Mail Service 38
2.2.8 Hospitality Service 38
2.2.9 Telephone Line Number Calling Cards 38
PART C - ATTACHMENT III - NETWORK ELEMENTS 39
Section 1. General 39
Section 2. Unbundled Network Elements 39
2.3 Standards for Network Elements 39
Section 3. Loop 40
3.1 Definition 40
Section 4. Local Switching 42
4.1 Definition 42
4.2 Technical Requirements 42
4.3 Interface Requirements 43
Section 5. Directory Assistance Service 43
Section 6. Operator Services 44
Section 7. Transport 44
7.1 Common Transport 44
7.2 Dedicated Transport 45
Section 8. Tandem Switching 45
8.1 Definition 45
8.2 Technical Requirements 46
8.3 Interface Requirements 47
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Section 9. Network Interface Device 47
9.1 Definition 47
9.2 Technical Requirements 48
Section 10. Signaling Systems and Databases 49
10.1 Signaling Link Transport 49
10.2 Line Information Database (LIDB) 52
10.3 Toll Free Number Database 54
Part C - ATTACHMENT IV - INTERCONNECTION 55
Section 1. Local Interconnection Trunk Arrangement 55
Section 2. Compensation Mechanisms 56
2.1 Interconnection Point 56
2.2 Compensation for Local Traffic Transport and
Termination 56
Section 3. Signaling 57
Section 4. Network Servicing 58
4.1 Trunk Forecasting 58
4.2 Grade of Service 59
4.3 Trunk Servicing 59
Section 5. Network Management 59
5.1 Protective Protocols 59
5.2 Expansive Protocols 60
5.3 Mass Calling 60
Section 6. Usage Measurement 60
Section 7. Responsibilities of the Parties 61
PART C - ATTACHMENT V - COLLOCATION 63
Section 1 Introduction 63
Section 2 Technical Requirements 63
Section 3 Physical Security 80
Section 4 License 83
Section 5 Technical References 83
PART C - ATTACHMENT VI - RIGHTS OF WAY (ROW), CONDUITS,
POLE ATTACHMENTS 85
Section 1. Introduction 85
Section 2. Definitions 85
Section 3. Requirements 87
3.1 General 87
3.2 Pre-Ordering Disclosure Requirements 88
3.3 Attachment Requests 89
3.4 Xxxxxxxxx xx Xxxxx Xxxxxxxxxxx 00
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3.5 Capacity 92
3.6 Sharing of Right of Way 93
3.7 Emergency Situations 93
3.8 Attachment Fees 93
3.9 Additions and Modifications to Existing Attachments 94
3.10 Noncompliance 95
3.11 Surveys and Inspections of Attachments 95
3.12 Notice of Modification or Alteration of Poles, Ducts,
Conduits, or Other ROW by Sprint 95
3.13 Termination of Section 3 or An Individual
Attachment by CLEC 96
3.14 Abandonment 96
3.15 Dispute Resolution Procedures 97
PART C - ATTACHMENT VII - INTERIM NUMBER PORTABILITY 98
Section 1. Sprint Provision of Interim Number Portability 98
Section 2. Interim Number Portability (INP) 98
Section 3. Requirements for INP 100
3.1 Cut-Over Process 100
3.2 Testing 100
3.3 Installation Timeframes 100
3.4 Call Referral Announcements 101
3.5 Engineering and Maintenance 101
3.6 Operator Services and Directory Assistance 101
3.7 Number Reservation 102
PART C - ATTACHMENT VIII - GENERAL BUSINESS REQUIRE-
MENTS 103
Section 1. General Business Requirements 103
1.1 Procedures 103
1.2 Service Offerings 104
Section 2. Ordering and Provisioning 105
2.1 General Business Requirements 105
2.2 Service Order Process Requirements 107
2.3 Systems Interfaces and Information Exchanges 111
2.4 Standards 114
Section 3. Billing 114
3.1 Procedures 114
3.2 Revenue Protection 116
Section 4. Provision of Subscriber Usage Data 116
4.1 Procedures 116
4.2 Information Exchange and Interfaces 121
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Section 5. General Network Requirements 121
Section 6. Miscellaneous Services and Functions 123
6.0 General 123
6.1 General Requirements 123
6.2 Systems Interfaces and Exchanges 141
PART C - ATTACHMENT IX - Reporting Standards 151
Section 1. General 151
Section 2. Parity and Quality Measurements 151
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PART A
INTERCONNECTION AND RESALE AGREEMENT
This Interconnection and Resale Agreement (the Agreement"), entered into
this 30th day of September 1997, is entered into by and between Digital
Teleport Inc. (DTI) ("CLEC"), a Missouri corporation, and United Telephone
Company of Kansas ("Sprint''), a Kansas corporation, to establish the rates,
terms and conditions for local interconnection, local resale, and purchase of
unbundled network elements (individually referred to as the "service" or
collectively as the "services").
WHEREAS, the Parties wish to interconnect their local exchange networks in
a technically and economically efficient manner for the transmission and
termination of calls, so that customers of each can seamlessly receive calls
that originate on the other's network and place calls that terminate on the
other's network, and for CLEC's use in the provision of exchange access ("Local
Interconnection"); and
WHEREAS, CLEC wishes to purchase Telecommunications Services for resale to
others, and Sprint is willing to provide such service; and
WHEREAS, CLEC wishes to purchase unbundled network elements, ancillary
services and functions and additional features ("Network Elements"), and to use
such services for itself or for the provision of its Telecommunications
Services to others, and Sprint is willing to provide such services; and
WHEREAS, the Parties intend the rates, terms and conditions of this
Agreement, and their performance of obligations thereunder, to comply with the
Communications Act of 1934, as amended by the Telecommunications Act of 1996
(the "Act"), the Rules and Regulations of the Federal Communications Commission
("FCC"), and the orders, rules and regulations of the Missouri Public Service
Commission (the "Commission");
Now, therefore, in consideration of the terms and conditions contained
herein, CLEC and Sprint hereby mutually agree as follows:
PART A -- GENERAL TERMS AND CONDITIONS
SECTION 1. SCOPE OF THIS AGREEMENT
1.1 This Agreement, including Parts A, B, and C, specifies the
rights and obligations of each party with respect to the
establishment, purchase, and sale of Local Interconnection, resale
of Telecommunications Services and Unbundled Network Elements.
This PART A sets forth the general
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terms and conditions governing this Agreement. Certain terms used
in this Agreement shall have the meanings defined in PART B --
DEFINITIONS, or as otherwise elsewhere defined throughout this
Agreement. Other terms used but not defined herein will have the
meanings ascribed to them in the Act, in the FCC's, and in the
Commission's Rules and Regulations. PART C sets forth, among
other things, descriptions of the services, pricing, technical and
business requirements, and physical and network security
requirements.
LIST OF ATTACHMENTS COMPRISING PART C:
I. Price Schedule
II. Local Resale
III. Network Elements
IV. Interconnection
V. Collocation
VI. Rights of Way
VII. Number Portability
VIII. General Business Requirements
IX. Reporting Standards
1.2 Sprint shall not discontinue any interconnection arrangement,
Telecommunications Service, or Network Element provided or required
hereunder without providing CLEC thirty (30) days' prior written
notice of such discontinuation of such service, element or
arrangement. Sprint agrees to cooperate with CLEC with any
transition resulting from such discontinuation of service and to
minimize the impact to customers which may result from such
discontinuance of service.
1.3 Sprint shall provide notice of network changes and upgrades in
accordance with Sections 51.325 through 51.335 of Title 47 of the
Code of Federal Regulations.
1.4 The services and facilities to be provided to CLEC by Sprint in
satisfaction of this Agreement may be provided pursuant to Sprint
tariffs and then current practices. Should there be a conflict
between the terms of this Agreement and any such tariffs and
practices, the terms of the tariff shall control to the extent
allowed by law or Commission order.
SECTION 2. REGULATORY APPROVALS
2.1 This Agreement, and any amendment or modification hereof, will
be submitted to the Commission for approval in accordance with
Section 252 of the Act. Sprint and CLEC shall use their best
efforts to obtain approval of this Agreement by any regulatory body
having jurisdiction
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over this Agreement and to make any required tariff modifications
in their respective tariffs, if any. CLEC shall not order
services under this Agreement before Approval Date except as may
otherwise be agreed in writing between the Parties. In the event
any governmental authority or agency rejects any provision hereof,
the Parties shall negotiate promptly and in good faith such
revisions as may reasonably be required to achieve approval.
2.2 Notwithstanding the above provisions, or any other provision in
this Agreement, this Agreement and any Attachments hereto are
subject to such changes or modifications with respect to the rates,
terms or conditions contained herein as may be ordered, allowed or
directed by the Commission or the FCC, or as may be required to
implement the result of an order or direction of a court of
competent jurisdiction with respect to its review of any appeal of
the decision of the Commission or the FCC, in the exercise of their
respective jurisdictions whether said changes or modifications
result from an order issued on an appeal of the decision of the
Commission or the FCC, a rulemaking proceeding, a generic
investigation, a tariff proceeding, a costing/pricing proceeding,
or an arbitration proceeding conducted by the Commission or FCC
which applies to Sprint or in which the Commission or FCC makes a
generic determination) to the extent that CLEC had the right and/or
opportunity to participate in said proceeding (regardless of
whether CLEC actually participates.). Any rates, terms or
conditions thus developed or modified shall be substituted in place
of those previously in effect and shall be deemed to have been
effective under this Agreement as of the effective date of the
order by the court, Commission or the FCC, whether such action was
commenced before or after the effective date of this Agreement.
If any such modification renders the Agreement inoperable or
creates any ambiguity or requirement for further amendment to the
Agreement, the Parties will negotiate in good faith to agree upon
any necessary amendments to the Agreement. Should the Parties be
unable to reach agreement with respect to the applicability of such
order or the resulting appropriate modifications to this Agreement,
the Parties agree to petition such Commission to establish
appropriate interconnection arrangements under sections 251 and 252
of the Act in light of said order or decision.
2.3 In the event Sprint is required by any governmental authority
or agency to file a tariff or make another similar filing in
connection with the performance of any action that would otherwise
be governed by this Agreement, Sprint shall make reasonable efforts
to provide to CLEC its proposed tariff prior to such filing. The
other services covered by this Agreement and not covered by such
decision or order shall remain unaffected and shall remain in full
force and effect.
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2.4 The Parties intend that any additional services requested by
either party relating to the subject matter of this Agreement will
be incorporated into this Agreement by amendment.
SECTION 3. TERM AND TERMINATION
3.1 This Agreement shall be deemed effective upon the Approval
Date. No order or request for services under this Agreement shall
be processed until this Agreement is so approved unless otherwise
agreed to, in writing by the Parties.
3.2 Except as provided herein, Sprint and CLEC agree to provide
service to each other on the terms defined in this Agreement for a
period of one year, and thereafter the Agreement shall continue in
force and effect unless and until terminated as provided herein.
3.3 Either party may terminate this Agreement at the end of the
term by providing written notice of termination to the other party,
such written notice to be provided at least 180 days in advance of
the date of termination. In the event of such termination
pursuant to this Section 3.3, for service arrangements made
available under this Agreement and existing at the time of
termination, those arrangements shall continue without interruption
under either (a) a new agreement executed by the Parties, or (b)
standard interconnection terms and conditions contained in Sprint's
tariff or other substitute document that are approved and made
generally effective by the Commission or the FCC.
3.4 In the event of default, either Party may terminate this
Agreement in whole or in part provided that the non-defaulting
Party so advises the defaulting Party in writing of the event of
the alleged default and the defaulting Party does not remedy the
alleged default within 60 days after written notice thereof.
Default is defined to include:
a. Either Party's insolvency or initiation of
bankruptcy or receivership proceedings by or against
the Party; or
b. Either Party's material breach of any of the
terms or conditions hereof, including the failure to
make any undisputed payment when due.
3.5 Termination of this Agreement for any cause shall not release
either Party from any liability which at the time of termination
has already accrued to the other Party or which thereafter may
accrue in respect to
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any act or omission prior to termination or from any obligation
which is expressly stated herein to survive termination.
3.6 If Sprint sells or trades substantially all the assets used to
provide Telecommunications Services, Local Interconnection, or
Network Elements in a particular exchange or group of exchanges
Sprint may terminate this Agreement in whole or in part as to a
particular exchange or group of exchanges upon sixty (60) days
prior written notice.
SECTION 4. CHARGES AND PAYMENT
4.1 In consideration of the services provided by Sprint under this
Agreement, CLEC shall pay the charges set forth in Attachment I
subject to the provisions of Section 2.3 hereof The billing and
payment procedures for charges incurred by CLEC hereunder are set
forth in Attachment VIII.
4.2 In addition to any other applicable charges under this Section
4 and Attachment I, if CLEC purchases unbundled Local Switching
elements, CLEC shall pay Sprint:
4.2.1 for intrastate toll minutes of use traversing such
unbundled Local Switching elements, intrastate access charges
comparable to those listed in 4.2.1 above and any explicit
intrastate universal service mechanism based on access
charges.
4.3 Sprint will not accept any new or amended orders for
Telecommunications Services, Unbundled Network Elements,
Interconnection or other services under the terms of this Agreement
from CLEC while any past due, undisputed charges remain unpaid.
SECTION 5. AUDITS AND EXAMINATIONS
5.1 As used herein "Audit" shall mean a comprehensive review of
services performed under this Agreement; "Examination" shall mean
an inquiry into a specific element of or process related to
services performed under this Agreement (e.g., examination and
verification of LOAs). Either party (the "Requesting Party") may
perform one (1) Audit per 12-month period commencing with the
Approval Date. The Requesting Party may perform Examinations as
it deems necessary.
5.2 Upon thirty (30) days written notice by the Requesting Party to
Audited Party, Requesting Party shall have the right through its
authorized representative to make an Audit or Examination, during
normal
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business hours, of any records, accounts and processes which
contain information bearing upon the provision of the services
provided and performance standards agreed to under this Agreement.
Within the above-described 30-day period, the Parties shall
reasonably agree upon the scope of the Audit or Examination, the
documents and processes to be reviewed, and the time, place and
manner in which the Audit or Examination shall be performed.
Audited Party agrees to provide Audit or Examination support,
including appropriate access to and use of Audited Party's
facilities (e.g., conference rooms, telephones, copying machines).
5.3 Each party shall bear its own expenses in connection with the
conduct of the Audit or Examination. The reasonable cost of
special data extraction required by the Requesting Party to conduct
the Audit or Examination will be paid for by the Requesting Party.
For purposes of this Section 5.3, a "Special Data Extraction"
shall mean the creation of an output record or informational report
(from existing data files) that is not created in the normal course
of business. If any program is developed to Requesting Party's
specifications and at Requesting Party's expense, Requesting Party
shall specify at the time of request whether the program is to be
retained by Audited party for reuse for any subsequent Audit or
Examination.
5.4 Adjustments, credits or payments shall be made and any
corrective action shall commence within thirty (30) days from
Requesting Party's receipt of the final audit report to compensate
for any errors or omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. One and one half (1
1/2%) or the highest interest rate allowable by law for commercial
transactions shall be assessed and shall be computed by compounding
daily from the time of the overcharge to the day of payment or
credit.
5.5 Neither such right to examine and audit nor the right to
receive an adjustment shall be affected by any statement to the
contrary appearing on checks or otherwise, unless such statement
expressly waiving such right appears in writing, is signed by the
authorized representative of the party having such right and is
delivered to the other party in a manner sanctioned by this
Agreement.
5.6 This Section 5 shall survive expiration or termination of this
Agreement for a period of two (2) years after expiration or
termination of this Agreement.
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SECTION 6. BONA FIDE REQUEST PROCESS FOR FURTHER UNBUNDLING
6.1 Each Party shall promptly consider and analyze access to
categories of unbundled Network Elements not covered in this
Agreement with the submission of a Network Element Bona Fide
Request hereunder. The Network Element Bona Fide Request process
set forth herein does not apply to those services requested
pursuant to FCC Rule Section 51.319 adopted in First Report &
Order, CC Docket No. 96-98, (rel. Aug. 8, 1996).
6.2 A Network Element Bona Fide Request shall be submitted in
writing and shall include a technical description of each requested
Network Element.
6.3 The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
6.4 Within ten (10) business days of its receipt, the receiving
Party shall acknowledge receipt of the Network Element Bona Fide
Request.
6.5 Except under extraordinary circumstances, within thirty (30)
days of its receipt of a Network Bona Fide Request, the receiving
Party shall provide to the requesting Party a preliminary analysis
of such Network Element Bona Fide Request. The preliminary
analysis shall confirm that the receiving Party will offer access
to the Network Element or will provide a detailed explanation that
access to the Network Element does not qualify as a Network Element
that is required to be provided under the Act.
6.6 Upon receipt of the preliminary analysis, the requesting Party
shall, within thirty (30) days, notify the receiving Party of its
intent to proceed or not to proceed.
6.7 The receiving Party shall promptly proceed with the Network
Element Bona Fide Request upon receipt of written authorization
from the requesting Party. When it receives such authorization,
the receiving Party shall promptly develop the requested services,
determine their availability, calculate the applicable prices and
establish installation intervals.
6.8 As soon as feasible, but not more than ninety (90) days after
its receipt of authorization to proceed with developing the Network
Element Bona Fide Request, the receiving Party shall provide to the
requesting
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Party a Network Element Bona Fide Request quote which will include,
at a minimum, a description of each Network Element, the
availability, the applicable rates and the installation intervals.
6.9 Within thirty (30) days of its receipt of the Network Element
Bona Fide Request quote, the requesting Party must either confirm
its order for the Network Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
6.10 If a Party to a Network Element Bona Fide Request believes
that the other Party is not requesting, negotiating or processing
the Network Element Bona Fide Request in good faith, or disputes a
determination, or price or cost quote, such Party may seek
mediation or arbitration by the Commission pursuant to Section 252
of the Act.
SECTION 7. INTELLECTUAL PROPERTY RIGHTS
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
separate, 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. For the avoidance of doubt, the
foregoing sentence shall not preclude Sprint from charging CLEC for
such costs as permitted under a Commission order.
SECTION 8. LIMITATION OF LIABILITY
Except as otherwise set forth in this Agreement, neither Party
shall be responsible to the other for any indirect, special,
consequential or punitive damages, including (without limitation)
damages for loss of anticipated profits or revenue or other
economic loss in connection with or arising from anything said,
omitted, or done hereunder (collectively "Consequential Damages"),
whether arising in contract or tort, provided that the foregoing
shall not limit a Party's obligation under Section 9 to
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indemnify, defend, and hold the other party harmless against
amounts payable to third parties. Notwithstanding the foregoing,
in no event shall Sprint's liability to CLEC for a service outage
exceed an amount equal to the proportionate charge for the
service(s) or unbundled element(s) provided for the period during
which the service was affected.
SECTION 9. INDEMNIFICATION
9.1 Each Party agrees to indemnify and hold harmless the other
Party from and against claims for damage to tangible personal or
real property and/or personal injuries arising out of the
negligence or willful act or omission of the indemnifying Party or
its agents, servants, employees, contractors or representatives.
To the extent not prohibited by law, each Party shall defend,
indemnify, and hold the other Party harmless against any loss to a
third party arising out of the negligence or willful misconduct by
such indemnifying Party, its agents, or contractors in connection
with its provision of service or functions under this Agreement.
In the case of any loss alleged or made by a Customer of either
Party, the Party whose customer alleged such loss shall indemnify
the other Party and hold it harmless against any or all of such
loss alleged by each and every Customer. The indemnifying Party
under this Section agrees to defend any suit brought against the
other Party either individually or jointly with the indemnifying
Party for any such loss, injury, liability, claim or demand. The
indemnified Party agrees to notify the other Party promptly, in
writing, of any written claims, lawsuits, or demands for which it
is claimed that the indemnifying Party is responsible under this
Section and to cooperate in every reasonable way to facilitate
defense or settlement of claims. The indemnifying Party shall have
complete control over defense of the case and over the terms of any
proposed settlement or compromise thereof. The indemnifying Party
shall not be liable under this Section for settlement by the
indemnified Party of any claim, lawsuit, or demand, if the
indemnifying Party has not approved the settlement in advance,
unless the indemnifying Party has had the defense of the claim,
lawsuit, or demand tendered to it in writing and has failed to
assume such defense. In the event of such failure to assume
defense, the indemnifying Party shall be liable for any reasonable
settlement made by the indemnified Party without approval of the
indemnifying Party.
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9.2 Each Party agrees to indemnify and hold harmless the other
Party from all claims and damages arising from the Indemnifying
Party's discontinuance of service to one of the Indemnifying
Party's subscribers for nonpayment.
9.3 When the lines or services of other companies and Carriers are
used in establishing connections to and/or from points not reached
by a Party's lines, neither Party shall be liable for any act or
omission of the other companies or Carriers.
9.4 In addition to its indemnity obligations hereunder, each Party
shall, to the extent allowed by law or Commission Order, provide,
in its tariffs and contracts with its subscribers that relate to
any Telecommunications Services or Network Element provided or
contemplated under this Agreement, that in no case shall such Party
or any of its agents, contractors or others retained by such Party
be liable to any subscriber or third party for (i) any loss
relating to or arising out of this Agreement, whether in contract
or tort, that exceeds the amount such Party would have charged the
applicable subscriber for the service(s) or function(s) that gave
rise to such loss, and (ii) Consequential Damages (as defined in
Section 8 above).
SECTION 10. REMEDIES
10.1 In addition to any other rights or remedies, and unless
specifically provided here and to the contrary, either Party may
xxx in equity for specific performance.
10.2 Except as otherwise provided herein, all rights of
termination, cancellation or other remedies prescribed in this
Agreement, or otherwise available, are cumulative and are not
intended to be exclusive of other remedies to which the injured
Party may be entitled at law or equity in case of any breach or
threatened breach by the other Party of any provision of this
Agreement, and use of one or more remedies shall not bar use of any
other remedy for the purpose of enforcing the provisions of this
Agreement.
SECTION 11. BRANDING
11.1 In all cases of operator and directory assistance services
CLEC provides using services provided by Sprint under this
Agreement, Sprint shall, where technically feasible, at CLEC's sole
discretion and expense, brand any and all such services at all
points of customer contact exclusively as CLEC services, or
otherwise as CLEC may specify, or be
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provided with no brand at all, as CLEC shall determine. Sprint
may not unreasonably interfere with branding by CLEC; provided that
if there are technical limitations as to the number of CLECs that
Sprint can brand for, branding will be made available to CLEC
hereunder on a first come, first serve basis with an allowance for
an unbranded alternative for all Telecommunications Carriers.
11.2 CLEC shall provide the exclusive interface to CLEC
subscribers, except as CLEC shall otherwise specify. In those
instances where CLEC requests Sprint personnel to interface with
CLEC subscribers, such Sprint personnel shall inform the CLEC
subscribers that they are representing CLEC, or such brand as CLEC
may specify.
11.3 All forms, business cards or other business materials
furnished by Sprint to CLEC subscribers shall bear no corporate
name, logo, trademark or tradename.
11.4 Except as specifically permitted by a Party, in no event shall
either Party provide information to the other Party's subscribers
about the other Party or the other Party's products or services.
11.5 Sprint shall provide, for CLEC's review, the methods and
procedures, training and approaches to be used by Sprint to assure
that Sprint meets CLEC's branding requirements.
11.6 This Section 11 shall not confer on either Party any rights to
the service marks, trademarks and trade names owned by or used in
connection with services by the other Party, except as expressly
permitted in writing by the other Party.
SECTION 12. CONFIDENTIALITY AND PUBLICITY
12.1 All confidential or proprietary information disclosed by
either Party during the negotiations and the term of this Agreement
shall be protected by the Parties in accordance with the terms of
this Section 12. All information which is disclosed by one party
("Disclosing Party") to the other ("Recipient") in connection with
this Agreement, or acquired in the course of performance of this
Agreement, shall be deemed confidential and proprietary to the
Disclosing Party and subject to this Agreement, such information
including but not limited to, orders for services, usage
information in any form, and "CPNI", and the rules and regulations
of the FCC ("Confidential and/or Proprietary Information").
12.1.1 For a period of three (3) years from receipt of
Confidential Information, Recipient shall (i) use it only for
the purpose of
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performing under this Agreement, (ii) hold it in confidence
and disclose it only to employees or agents who have a need
to know it in order to perform under this Agreement, and
(iii) safeguard it from unauthorized use or Disclosure using
no less than the degree of care with which Recipient
safeguards its own Confidential Information.
12.1.2 Recipient shall have no obligation to safeguard
Confidential Information (i) which was in the Recipient's
possession free of restriction prior to its receipt from
Disclosing Party, (ii) which becomes publicly known or
available through no breach of this Agreement by Recipient,
(iii) which is rightfully acquired by Recipient free of
restrictions on its Disclosure, or (iv) which is
independently developed by personnel of Recipient to whom the
Disclosing Party's Confidential Information had not been
previously disclosed. Recipient may disclose Confidential
Information if required by law, a court, or governmental
agency, provided that Disclosing Party has been notified of
the requirement promptly after Recipient becomes aware of the
requirement, and provided that Recipient undertakes all
lawful measures to avoid disclosing such information until
Disclosing Party has had reasonable time to obtain a
protective order. Recipient agrees to comply with any
protective order that covers the Confidential Information to
be disclosed.
12.1.3 Each Party agrees that Disclosing Party would be
irreparably injured by a breach of this Section 12 by
Recipient or its representatives and that Disclosing Party
shall be entitled to seek equitable relief, including
injunctive relief and specific performance, in the event of
any breach of this Section 12. Such remedies shall not be
exclusive, but shall be in addition to all other remedies
available at law or in equity.
12.2 Unless otherwise mutually agreed upon, neither Party shall
publish or use the other Party's logo, trademark, service xxxx,
name, language, pictures, or symbols or words from which the other
Party's name may reasonably be inferred or implied in any product,
service, advertisement, promotion, or any other publicity matter,
except that nothing in this paragraph shall prohibit a Party from
engaging in valid comparative advertising. This paragraph 12.3
shall confer no rights on a Party to the service marks, trademarks
and trade names owned or used in connection with services by the
other Party or its Affiliates, except as expressly permitted by the
other Party.
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12.3 Neither Party shall produce, publish, or distribute any press
release or other publicity referring to the other Party or its
Affiliates, or to this Agreement, without the prior written
approval of the other Party. Each party shall obtain the other
Party's prior approval before discussing this Agreement in any
press or media interviews. In no event shall either Party
mischaracterize the contents of this Agreement in any public
statement or in any representation to a governmental entity or
member thereof.
12.4 Except as otherwise expressly provided in this Section 12,
nothing herein shall be construed as limiting the rights of either
Party with respect to its customer information under any applicable
law, including without limitation Section 222 of the Act.
SECTION 13. WARRANTIES
Except as otherwise provided herein, each Party shall perform its
obligations hereunder at a performance level at parity with that
which it uses for its own operations, or those of its Affiliates,
but in no event shall a party use less than reasonable care in the
performance of its duties hereunder.
SECTION 14. ASSIGNMENT AND SUBCONTRACT
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 assigning this Agreement or any
right, obligation, duty or other interest hereunder to an Affiliate
shall provide written notice to 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 hereof shall relieve the assignor of its obligations
under this Agreement.
SECTION 15. GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the Act, orders of the Commission, and the FCC's Rules and
Regulations, except insofar as state law may control any aspect of
this Agreement, in which case the domestic laws of the State of
Missouri, without regard to its conflicts of laws principles, shall
govern.
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SECTION 16. RELATIONSHIP OF PARTIES
It is the intention of the Parties that Sprint be an independent
contractor and nothing contained herein shall constitute the
Parties as joint venturers, partners, employees or agents of one
another, and neither Party shall have the right or power to bind or
obligate the other.
SECTION 17. NO THIRD PARTY BENEFICIARIES
The provisions of this Agreement are for the benefit of the Parties
hereto and not for any other person, provided, however, that this
shall not be construed to prevent CLEC from providing its
Telecommunications Services to other carriers. This Agreement
shall not provide any person not a party hereto with any remedy,
claim, liability, reimbursement, claim of action, or other right in
excess of those existing without reference hereto.
SECTION 18. NOTICES
Except as otherwise provided herein, all notices or other
communication hereunder shall be deemed to have been duly given
when made in writing and delivered in person or deposited in the
United States mail, certified mail, postage prepaid, return receipt
requested and addressed as follows:
To CLEC: Xx. Xxxxx Xxxxxx
Vice President - IC Support
00000 Xxxxxxx Xxxx
Xx. Xxxxx, Xxxxxxxx 00000
To Sprint: Xx. Xxxxx Xxxxxx
Field Service Manager
0000 Xxxx 000xx Xxxxxx
Xxxxxxxx Xxxx, Xxxxxx 00000
If personal delivery is selected to give notice, a receipt of such
delivery shall be obtained. The address to which notices or
communications may be given to either party may be changed by
written notice given by such Party to the other pursuant to this
Section 19.
SECTION 19. WAIVERS
19.1 No waiver of any provisions of this Agreement and no consent
to any default under this Agreement shall be effective unless the
same shall
21
be in writing and properly executed by or on behalf of the Party
against whom such waiver or consent is claimed.
19.2 No course of dealing or failure of any Party to strictly
enforce any term, right, or condition of this Agreement in any
instance shall be construed as a general waiver or relinquishment
of such term, right or condition.
19.3 Waiver by either party of any default by the other Party shall
not be deemed a waiver of any other default.
SECTION 20. SURVIVAL
The following provisions of this Part A shall survive the
expiration or termination of this Agreement: Sections 4, 5, 7, 8,
9, 10, 11.6, 12, 22, 23 and 24.
SECTION 21. FORCE MAJEURE
Neither Party shall be held liable for any delay or failure in
performance of any part of this Agreement from any cause beyond its
control and without its fault or negligence, such as acts of God,
acts of civil or military authority, embargoes, epidemics, war,
terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, power blackouts, strikes,
work stoppage affecting a supplier or unusually severe weather.
No delay or other failure to perform shall be excused pursuant to
this Section 21 unless delay or failure and consequences thereof
are beyond the control and without the fault or negligence of the
Party claiming excusable delay or other failure to perform. In
the event of any such excused delay in the performance of a Party's
obligation(s) under this Agreement, the due date for the
performance of the original obligation(s) shall be extended by a
term equal to the time lost by reason of the delay. In the event
of such delay, the delaying Party shall perform its obligations at
a performance level no less than that which it uses for its own
operations. In the event of such performance delay or failure by
Sprint, Sprint agrees to resume performance in a nondiscriminatory
manner and not favor its own provision of Telecommunications
Services above that of CLEC.
SECTION 22. DISPUTE RESOLUTION
22.1 The Parties recognize and agree that the Commission has
continuing jurisdiction to implement and enforce all terms and
conditions of this Agreement. Accordingly, the Parties agree that
any dispute arising out of or relating to this Agreement that the
Parties themselves cannot
22
resolve may be submitted to the Commission for resolution. The
Parties agree to seek expedited resolution by the Commission, and
shall request that resolution occur in no event later than sixty
(60) days from the date of submission of such dispute. If the
Commission appoints an expert(s) or other facilitator(s) to assist
in its decision making, each party shall pay half of the fees and
expenses so incurred. During the Commission proceeding each Party
shall continue to perform its obligations under this Agreement
provided, however, that neither Party shall be required to act in
any unlawful fashion. This provision shall not preclude the
Parties from seeking relief available in any other forum.
22.2 If any portion of an amount due to a Party ("the Billing
Party") under this Agreement is subject to a bona fide dispute
between the Parties, the Party billed (the "Non-Paying Party")
shall within thirty (30) days of its receipt of the invoice
containing such disputed amount give notice to the Billing Party of
the amounts it disputes ("Disputed Amounts") and include in such
notice the specific details and reasons for disputing each item.
The Non-Paying Party shall pay when due all undisputed amounts to
the Billing Party. The balance of the Disputed Amount shall
thereafter be paid with appropriate late charges, if appropriate,
upon final determination of such dispute.
22.3 If the Parties are unable to resolve the issues related to the
Disputed Amounts in the normal course of business within thirty
(30) days after delivery to the Billing Party of notice of the
Disputed Amounts, each of the Parties shall appoint a designated
representative that has authority to settle the dispute and that is
at a higher level of management than the persons with direct
responsibility for administration of this Agreement. The
designated representatives shall meet as often as they reasonably
deem necessary in order to discuss the dispute and negotiate in
good faith in an effort to resolve such dispute. The specific
format for such discussions will be left to the discretion of the
designated representatives, however all reasonable requests for
relevant information made by one Party to the other Party shall be
honored.
22.4 If the Parties are unable to resolve issues related to the
Dispute Amounts within thirty (30) days after the Parties'
appointment of designated representatives pursuant to subsection
22.3, then either Party may file a compliant with the Commission to
resolve such issues or proceed with any other remedy pursuant to
law or equity. The Commission may direct payment of any or all
funds plus applicable late charges to be paid to either Party.
SECTION 23. TAXES
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Any Federal, state or local excise, license, sales, use, or other
taxes or tax-like charges (excluding any taxes levied on income)
resulting from the performance of this Agreement shall be borne by
the Party upon which the obligation for payment is imposed under
applicable law, even if the obligation to collect and remit such
taxes is placed upon the other party. Any such taxes shall be
shown as separate items on applicable billing documents between the
Parties. The Party obligated to collect and remit taxes shall do
so unless the other Party provides such Party with the required
evidence of exemption. The Party so obligated to pay any such
taxes may contest the same in good faith, at its own expense, and
shall be entitled to the benefit of any refund or recovery,
provided that such party shall not permit any lien to exist on any
asset of the other party by reason of the contest. The Party
obligated to collect and remit taxes shall cooperate fully in any
such contest by the other Party by providing records, testimony and
such additional information or assistance as may reasonably be
necessary to pursue the contest.
SECTION 24. RESPONSIBILITY FOR ENVIRONMENTAL HAZARDS
24.1 CLEC shall in no event be liable to Sprint for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that CLEC did not cause or introduce to the
affected work location. Sprint hereby releases, and shall also
indemnify, defend (at CLEC's request) and hold harmless CLEC and
each of CLEC's officers, directors and employees from and against
any losses and expenses that arise out of or result from (i) any
Environmental Hazard that Sprint, its contractors or its agents
introduce to the work locations or (ii) any other presence or
release of any Environmental Hazard at any work location, except as
provided in Section 24.2 of this Part A; provided that in the event
that after CLEC notifies Sprint that CLEC, its employees,
contractors or agents plan to enter a Sprint work location and
prior to CLEC or its employees, contractors or agents entering a
work location Sprint fully informs CLEC in writing of an
Environmental Hazard at such work location then Sprint shall not be
obligated to indemnify CLEC for losses and expenses arising out of
injuries to CLEC employees, contractors or agents resulting from
their exposure to such Environmental Hazard except to the extent
such injuries are exacerbated by the acts of Sprint or its
employees, contractors, or agents.
24.2 Prior to CLEC or its employees, contractors, or agents
introducing an Environmental Hazard into a work location CLEC shall
fully inform Sprint in writing of its planned actions at such work
location and shall receive Sprint's written permission for such
actions and CLEC warrants that it shall comply with all legal and
regulatory obligations it has with
24
respect to such Environmental Hazard and notices it is required to
provide with respect thereto. Sprint shall in no event be liable
to CLEC for any costs whatsoever resulting from the presence or
release of any Environmental Hazard that CLEC causes or introduces
to the affected work location. CLEC shall indemnify, defend (at
Sprint's request) and hold harmless Sprint and each of Sprint's
officers, directors and employees from and against any losses and
expenses that arise out of or result from any Environmental Hazard
that CLEC, its contractors or its agents cause or introduce to the
work location. CLEC shall be responsible for obtaining, including
payment of associated fees, all environmental permits, licenses
and/or registrations required for environmental hazards CLEC causes
or introduces to the affected work location.
24.3 In the event any suspect material within Sprint-owned,
operated or leased facilities are identified to be
asbestos-containing, CLEC will, at CLECs expense, notify Sprint
before commencing any activities and ensure that to the extent any
activities which it undertakes in the facility disturb any
asbestos-containing materials (ACM) or presumed asbestos containing
materials (PACM) as defined in 29 CFR Section 1910.1001, such CLEC
activities shall be undertaken in accordance with applicable local,
state and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement activities that result in the generation or
disturbance of asbestos containing material, CLEC shall not have
any responsibility for managing, nor be the owner of, not have any
liability for, or in connection with, any asbestos containing
material. Both Parties agree to immediately notify the other if
the Party undertakes any asbestos control or asbestos abatement
activities that potentially could affect CLEC equipment or
operations, including, but not limited to, contamination of
equipment.
24.4 Within ten (10) business days of CLEC's request for any space
in Sprint owned or controlled facility, Sprint shall provide any
information in its possession regarding the known environmental
conditions of the space provided for placement of equipment and
interconnection including, but not limited to, the existence and
condition of known hazardous levels of friable asbestos, lead
paint, hazardous substance contamination, or hazardous levels of
radon. Information is considered in a Party's possession under
this Agreement if it is in such Party's possession, or the
possession of a current employee of Sprint's.
24.5 If the space provided for the placement of equipment,
interconnection, or provision of service contains known
environmental contamination or hazardous material, particularly but
not limited to
25
hazardous levels of friable asbestos, lead paint or hazardous
levels of radon, which makes the placement of such equipment or
interconnection hazardous, Sprint shall offer an alternative space,
if available, for CLEC's consideration. If interconnection is
complicated by the presence of environmental contamination or
hazardous materials, and an alternative route is available, Sprint
shall make such alternative route available for CLEC's
consideration. If there is no alternative or CLEC declines same,
and CLEC occupies the hazardous space, CLEC does so at its own risk
and shall indemnify Sprint from all liability for damages or injury
arising from the presence of the environmental contamination or
hazardous materials.
24.6 Subject to this Section 24 and to Sprint's standard security
procedures, which procedures will be provided to CLEC, Sprint shall
allow CLEC at CLEC's expense to perform any environmental site
investigations, including, but not limited to, asbestos surveys,
which CLEC deems to be necessary in support of its collocation
needs.
SECTION 25. AMENDMENTS AND MODIFICATIONS
No provision of this Agreement shall be deemed waived, amended or
modified by either party unless such a waiver, amendment or
modification is in writing, dated, and signed by both Parties.
SECTION 26. SEVERABILITY
Subject to Section 2 - Regulatory Approvals, if any part of this
Agreement is held to be invalid for any reason, such invalidity
will affect only the portion of this Agreement which is invalid.
In all other respects this Agreement will stand as if such invalid
provision had not been a part thereof, and the remainder of the
Agreement shall remain in full force and effect.
SECTION 27. HEADINGS NOT CONTROLLING
The headings and numbering of Sections, Parts and Attachments in
this Agreement are for convenience only and shall not be construed
to define or limit any of the terms herein or affect the meaning or
interpretation of this Agreement.
SECTION 28. ENTIRE AGREEMENT
This Agreement, including all Parts and Attachments and subordinate
documents attached hereto or referenced herein, all of which are
hereby
26
incorporated by reference herein, constitute the entire matter
thereof, and supersede all prior oral or written agreements,
representations, statements, negotiations, understandings,
proposals, and undertakings with respect to the subject matter
thereof.
SECTION 29. COUNTERPARTS
This Agreement may be executed in counterparts. Each counterpart
shall be considered an original and such counterparts shall
together constitute one and the same instrument.
SECTION 30. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon, and inure to the benefit of,
the Parties hereto and their respective successors and permitted
assigns.
SECTION 31. IMPLEMENTATION PLAN
31.1 Implementation Team. This Agreement sets forth the overall
standards of performance for services, processes, and systems
capabilities that the Parties will provide to each other, and the
intervals at which those services, processes and capabilities will
be provided. The Parties understand that the arrangements and
provision of services described in this Agreement shall require
technical and operational coordination between the Parties.
Accordingly, the Parties agree to form a team (the "Implementation
Team") that shall develop and identify those processes, guidelines,
specifications, standards and additional terms and conditions
necessary to support the terms of this Agreement. Within thirty
(30) days after the Approval Date, each Party shall designate, in
writing, no more than four (4) persons to be permanent members of
the Implementation Team; provided that either Party may include in
meetings or activities such technical specialists or other
individuals as may be reasonably required to address a specific
task, matter or subject. Each Party may replace its
representatives by delivering written notice thereof to the other
Party.
31.2 Implementation Plan. Within one hundred twenty (120) days
after the Approval Date, the agreements reached by the
Implementation Team shall be documented in an operations manual
(the "Implementation Plan"). The Implementation Plan shall
address the following matters, and may include any other matters
agreed upon by the Implementation Team:
31.2.1 the respective duties and responsibilities of the
Parties with respect to the administration and maintenance of
the interconnections (including signaling) specified in
Attachment 3
27
and the trunk groups specified in Attachment 4 and, including
standards and procedures for notification and discoveries of
trunk disconnects;
31.2.2 disaster recovery and escalation provisions;
31.2.3 access to Operations Support Systems functions
provided hereunder, including gateways and interfaces;
31.2.4 escalation procedures for ordering, provisioning,
billing, and maintenance;
31.2.5 single points of contact for ordering, provisioning,
billing, and maintenance;
31.2.6 service ordering and provisioning procedures,
including provision of the trunks and facilities;
31.2.7 provisioning and maintenance support;
31.2.8 conditioning and provisioning of collocation space and
maintenance of Virtually Collocated equipment;
31.2.9 procedures and processes for Directories and Directory
Listings;
31.2.10 billing processes and procedures;
31.2.11 network planning components including time intervals;
31.2.12 joint systems readiness and operational readiness
plans;
31.2.13 appropriate testing of services, equipment,
facilities and Network Elements;
31.2.14 monitoring of inter-company operational processes;
31.2.15 procedures for coordination of local PIC changes and
processing;
31.2.16 physical and network security concerns; and
31.2.17 such other matters specifically referenced in this
Agreement that are to be agreed upon by the Implementation
Team and/or contained in the Implementation Plan.
28
31.3 Action of the Implementation Team. The Implementation Plan
may be amended from time to time by the Implementation Team as the
team deems appropriate. Unanimous written consent of the
permanent members of the Implementation Team shall be required for
any action of the Implementation Team. If the Implementation Team
is unable to act, the existing provisions of the Implementation
Plan shall remain in full force and effect.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed by its duly authorized representatives.
DIGITAL TELEPORT INC. UNITED TELEPHONE COMPANY OF KANSAS
By: /s/ X. X. Xxxxxx By: /s/ Xxxx X. Xxx
Name: X. X. "Xxxxx" Xxxxxx Name: Xxxx X. Xxx
Title: /s/ Vice Pres IC Support Title: Vice Pres. - Carrier & Regulatory
Date: 9/30/97 Date: 10/1/97
29
PART B -- DEFINITIONS
"911 SITE ADMINISTRATOR" is a person assigned by CLEC to establish and maintain
E911 service location information for its subscribers.
"911 SERVICE" means a universal telephone number which gives the public direct
access to the Public Safety Answering Point (PSAP). Basic 911 service
collects 911 calls from one or more local exchange switches that serve a
geographic area. The calls are then sent to the correct authority designated
to receive such calls.
"ASR" (ACCESS SERVICE REQUEST) means the industry standard forms and supporting
documentation used for ordering Access Services. The ASR may be used to order
trunking and facilities between CLEC and Sprint for Local Interconnection.
"ACCESS SERVICES" refers to interstate and intrastate switched access and
private line transport services.
"ACT" means the Communications Act of 1934 as amended by the Telecommunications
Act of 1996, Public Law 104-104 of the 104th U.S. Congress, effective February
8, 1996.
"AFFILIATE" is an entity that directly or indirectly owns or controls, is owned
or controlled by, or is under common ownership or control with, another entity.
In this paragraph, "own" or "control" means to own an equity interest (or
equivalent) of at least 10% with respect to either party, or the right to
control the business decisions, management and policy of another entity.
"APPROVAL DATE" is the date on which Commission approval of the Agreement is
granted.
"GATEWAY" (ALI GATEWAY) is a telephone company computer facility that
interfaces with CLEC's 911 administrative site to receive Automatic Location
Identification (ALI) data from CLEC. Access to the Gateway will be via a
dial-up modem using a common protocol.
"AMA" means the Automated Message Accounting structure inherent in switch
technology that initially records telecommunication message information. AMA
format is contained in the Automated Message Accounting document, published by
Bellcore as GR-1100-CORE which defines the industry standard for message
recording.
"ALI" (AUTOMATIC LOCATION IDENTIFICATION) is a feature developed for E911
systems that provides for a visual display of the caller's telephone number,
address and the names of the emergency response agencies that are responsible
for that address. The Competitive Local Exchange Company will provide ALI
record
30
information in National Emergency Number Association (NENA)Version #2 format.
The ALI also shows an Interim Number Portability (INP) number if applicable.
"ALI/DMS" (AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM) means the
emergency service (E911/911) database containing subscriber location
information (including name, address, telephone number, and sometimes special
information from the local service provider) used to determine to which Public
Safety Answering Point (PSAP) to route the call.
"ANI" (AUTOMATIC NUMBER IDENTIFICATION) is a feature that identifies and
displays the number of a telephone line that originates a call.
"ARS" (AUTOMATIC ROUTE SELECTION) means a service feature associated with a
specific grouping of lines that provides for automatic selection of the least
expensive or most appropriate transmission facility for each call based on
criteria programmed into the system.
"BLV/BLI" (BUSY LINE VERIFY/BUSY LINE INTERRUPT) means an operator call in
which the caller inquires as to the busy status of, or requests an interruption
of a call on another subscriber's telephone line.
"BUSINESS DAY(S) means the days of the week excluding Saturdays, Sundays, and
all official Sprint holidays.
"CABS" means the Carrier Access Billing System which is defined in a document
prepared under the direction of the Billing Committee of the OBF. The Carrier
Access Billing System document is published by Bellcore in Volumes 1, 1A, 2, 3,
3A, 4 and 5 as Special Reports SR-OPT-001868, SR-OPT-0011869, SR-OPT-001871,
SR-OPT-001872, SR-OPT-001873, SR-OPT-001874, and SR-OPT-001875, respectively,
and contains the recommended guidelines for the billing of access and other
connectivity services. Sprint's carrier access billing system is its Carrier
Access Support System (CASS). CASS mirrors the requirements of CABS.
"CPN" (CALLING PARTY NUMBER) is a Common Channel Signaling parameter which
refers to the number transmitted through the network identifying the calling
party.
"CENTRAL OFFICE SWITCH" or "CENTRAL OFFICE" means a switching entity within the
public switched network, including but not limited to end office switches and
tandem office switches. Central office switches may be employed as
combination End Office/Tandem Office Switches (Combination Class 5/Class 4).
"CENTREX" means a Telecommunications Service associated with a specific
grouping of lines that uses central office switching equipment for call routing
to handle direct dialing of calls, and to provide numerous private branch
exchange-like features.
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"CHARGE NUMBER" is a CCS parameter which refers to the number transmitted
through the network identifying the billing number of the calling party.
"CLASS" (Bellcore Service Xxxx) - means service features that utilize the
capability to forward a calling party's number between end offices as part of
call setup. Features include Automatic Callback, Automatic Recall, Caller ID,
Call Trace, and Distinctive Ringing.
"CLEC" means a Competitive Local Exchange Carrier.
"COLLOCATION" means the right of CLEC to place equipment in the Sprint's
central offices or other Sprint locations. This equipment may be placed via
either a physical or virtual collocation arrangement. With physical
collocation, CLEC obtains dedicated space to place and maintain its equipment.
With virtual collocation, Sprint will install and maintain equipment that CLEC
provides to Sprint.
"COMMISSION" means the Kansas Corporation Commission.
"CCS" (COMMON CHANNEL SIGNALING) means a method of digitally transmitting call
set-up and network control data over a digital signaling network fully separate
from the public switched telephone network that carries the actual call.
"CONFIDENTIAL AND/OR PROPRIETARY INFORMATION" has the meaning set forth in
Section 21 of Part A -- General Terms.
"CONTRACT YEAR" means a twelve (12) month period during the term of the
contract commencing on the Approval Date and each anniversary thereof.
"CONTROL OFFICE" is an exchange carrier center or office designated as its
company's single point of contact for the provisioning and maintenance of its
portion of local interconnection arrangements.
"CUSTOM CALLING FEATURES" - means a set of Telecommunications Service features
available to residential and single-line business customers including
call-waiting, call-forwarding and three-party calling.
"CUSTOMER PROPRIETARY NETWORK INFORMATION" ("CPNI") - means (A) information
that relates to the quantity, technical configuration, type, destination, and
amount of use of a Telecommunications Service subscribed to by any customer of
a Telecommunications Carrier, and that is made available to the carrier by the
customer solely by virtue of the carrier customer relationship; and (B)
information contained in the bills pertaining to telephone exchange service or
telephone toll service received by a customer of a carrier.
32
"DBMS" (DATABASE MANAGEMENT SYSTEM) is a computer process used to store, sort,
manipulate and update the data required to provide selective routing and ALI.
"DIRECTORY ASSISTANCE DATABASE" refers to any subscriber record used by Sprint
in its provision of live or automated operator-assisted directory assistance
including but not limited to 411, 555-1212, NPA-555-1212.
"DIRECTORY ASSISTANCE SERVICES" provides listings to callers. Directory
Assistance Services may include the option to complete the call at the caller's
direction.
"DISCLOSER" means that party to this Agreement which has disclosed Confidential
Information to the other party.
"E911" (ENHANCED 911 SERVICE) means a telephone communication service which
will automatically route a call dialed "911" to a designated public safety
answering point (PSAP) attendant and will provide to the attendant the calling
party's telephone number and, when possible, the address from which the call is
being placed and the emergency response agencies responsible for the location
from which the call was dialed.
"E911 MESSAGE TRUNK" is a dedicated line, trunk or channel between two central
offices or switching devices which provides a voice and signaling path for E911
calls.
ELECTRONIC INTERFACES - means access to operations support systems consisting
of preordering, ordering, provisioning, maintenance and repair and billing
functions. For the purposes of this Agreement, Sprint shall provide
Electronic Interfaces in accordance with Exhibit 2.
"EMERGENCY RESPONSE AGENCY" is a governmental entity authorized to respond to
requests from the public to meet emergencies.
"ENVIRONMENTAL HAZARD" means any substance the presence, use, transport,
abandonment or disposal of which (i) requires investigation, remediation,
compensation, fine or penalty under any Applicable Law (including, without
limitation, the Comprehensive Environmental Response Compensation and Liability
Act, Superfund Amendment and Reauthorization Act, Resource Conservation
Recovery Act, the Occupational Safety and Health Act and provisions with
similar purposes in applicable foreign, state and local jurisdictions) or (ii)
poses risks to human health, safety or the environment (including, without
limitation, indoor, outdoor or orbital space environments) and is regulated
under any Applicable Law.
"ESN" (EMERGENCY SERVICE NUMBER) is a number assigned to the ALI and selective
routing databases for all subscriber telephone numbers. The ESN designates a
unique combination of fire, police and emergency medical service response
agencies that serve the address location of each in-service telephone number.
33
"EMR" means the Exchange Message Record System for exchanging
telecommunications message information for billable, non-billable, sample,
settlement and study data. EMR format is contained in BR-010-200-010 XXXX
Exchange Message Record, published by Bellcore and which defines the industry
standard for exchange message records.
"ENHANCED DIRECTORY ASSISTANCE" refers to directory Assistance services,
including but not limited to reverse search, talking yellow pages, and locator
services.
"EIS" (EXPANDED INTERCONNECTION SERVICE) is the collocation arrangement which
Sprint provides in its designated wire centers.
"GRANDFATHERED SERVICE" means service which is no longer available for new
customers and is limited to the current customer at their current locations
with certain provisioning limitations, including but not limited to upgrade
denials, feature adds/changes and responsible/billing party.
"FCC INTERCONNECTION ORDER" is the Federal Communications Commission's First
Report and Order and Second Report and Order in CC Docket No. 96-98 released
August 8, 1996; as subsequently amended or modified by the FCC from time to
time.
"ILEC" means the incumbent local exchange carrier.
"IXC" (INTEREXCHANGE CARRIER) means a provider of interexchange
telecommunications services.
"INP" (INTERIM NUMBER PORTABILITY) is a service arrangement whereby subscribers
who change local service providers may retain existing telephone numbers
without impairment of quality, reliability, or convenience when remaining at
their current location or changing their location within the geographic area
served by the initial carrier's serving central office. (Notwithstanding the
foregoing, the parties acknowledge that the provision of INP through Remote
Call Forwarding results in a lesser grade of service.)
"IP" (INTERCONNECTION POINT) is a mutually agreed upon point of demarcation
where the networks of Sprint and CLEC interconnect for the exchange of traffic.
"LIDB" (LINE INFORMATION DATA BASE(S)) means a Service Control Point (SCP)
database that provides for such functions as calling card validation for
telephone line number cards issued by Sprint and other entities and validation
for collect and billed-to-third services.
"LOCAL SERVICE REQUEST" means an industry standard form used by the Parties to
add, establish, change or disconnect local services.
34
"LOCAL TRAFFIC" means traffic (excluding Commercial Mobile Radio Services
traffic, e.g., paging, cellular, PCS) that is originated and terminated within
a given local calling area, or mandatory expanded area service (EAS) area, as
defined by State commissions or, if not defined by state commissions, then as
defined in existing Sprint tariffs.
"MSAG" (MASTER STREET ADDRESS GUIDE (MSAG)) is a database defining the
geographic area of an E911 service. It includes an alphabetical list of the
street names, high-low house number ranges, community names, and emergency
service numbers provided by the counties or their agents to Sprint.
"CLEC 911 DATABASE RECORDS" are the CLEC subscriber records to be provided by
CLEC to Sprint for inclusion in Sprint's E911 database.
"MECAB" refers to the Multiple Exchange Carrier Access Billing (MECAB) document
prepared by the Billing Committee of the Ordering and Billing Forum (OBF),
which functions under the auspices of the Carrier Liaison Committee (CLC) of
the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB
document, published by Bellcore as Special Report SR-BDS-000983, contains the
recommended guidelines for the billing of an access service provided by two or
more LECs (including a LEC and a CLEC), or by one LEC in two or more states
within a single LATA.
"MECOD" refers to the Multiple Exchange Carriers Ordering and Design (MECOD)
Guidelines for Access Services - Industry Support Interface, a document
developed by the Ordering/Provisioning Committee under the auspices of the
Ordering and Billing Forum (OBF), which functions under the auspices of the
Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECOD document, published by Bellcore as Special Report
SR STS-002643, establishes recommended guidelines for processing orders for
access service which is to be provided by two or more LECs (including a LEC and
a CLEC).
"NANP" means the "North American Numbering Plan," the system or method of
telephone numbering employed in the United States, Canada, and certain
Caribbean countries. It denotes the three digit Numbering Plan Area code and
a seven digit telephone number made up of a three digit Central Office code
plus a four digit station number.
"NENA" (NATIONAL EMERGENCY NUMBER ASSOCIATION (NENA)) is an association with a
mission to xxxxxx the technological advancement, availability and
implementation of 911 nationwide.
"NETWORK ELEMENT" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment,
including subscriber numbers, databases, signaling systems, and information
sufficient for billing
35
and collection or used in the transmission, routing, or other provision of a
Telecommunications Service.
"NP" (NUMBER PORTABILITY) means the ability of users of Telecommunications
Services to retain, at the same location, existing telecommunications numbers
without impairment of quality, reliability, or convenience when switching from
one telecommunications carrier to another. .
"NPA" (NUMBERING PLAN AREA) (sometimes referred to as an area code) is the
three digit indicator which is designated by the first three digits of each
10-digit telephone number within the NANP. Each NPA contains 800 possible NXX
Codes. There are two general categories of NPA, "eographic NPAs" and
"Non-Geographic NPAs." A "Geographic NPA" is associated with a defined
geographic area, and all telephone numbers bearing such NPA are associated with
services provided within that Geographic area. A "Non-Geographic NPA," also
known as a "Service Access Code (SAC Code)" is typically associated with a
specialized telecommunications service which may be provided across multiple
geographic NPA areas; 500, 800, 900, 700, and 888 are examples of
Non-Geographic NPAs.
"NXX," "NXX CODE," OR "CENTRAL OFFICE CODE," OR "CO CODE" is the three digit
switch entity indicator which is defined by the fourth, fifth and sixth digits
of a 10 digit telephone number within the North America Numbering Plan
("NANP").
"OBF" means the Ordering and Billing Forum, which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS)
"OBSOLETE SERVICE" means a service that is outmoded/outdated but yet has
current subscribers to the services. Such service is no longer available for
new customers and with existing customers there is no assurance of the service
continuing to function. Any technical or feature change to the customer's
service will eliminate such service at the time of request.
"OPERATOR SYSTEMS" is the Network Element that provides operator and automated
call handling with billing, special services, subscriber telephone listings,
and optional call completion services.
"OPERATOR SERVICES" provides (1) operator handling for call completion (e.g.
collect calls); (2) operator or automated assistance for billing after the
subscriber has dialed the called number (e.g. credit card calls); and (3)
special services (e.g. BLV/BLVI, Emergency Agency Call).
"PARITY" means, subject to the availability, development and implementation of
necessary industry standard Electronic Interfaces, the provision by Sprint of
services, Network Elements, functionality or telephone numbering resources
under this
36
Agreement to CLEC on terms and conditions, including provisioning and repair
intervals, no less favorable that those offered to Sprint, its Affiliates or
any other entity that obtains such services, Network Elements, functionality or
telephone numbering resources. Until the implementation of necessary
Electronic Interfaces, Sprint shall provide such services, Network Elements,
functionality or telephone numbering resources on a non-discriminatory basis to
CLEC as it provides to its Affiliates or any other entity that obtains such
services, Network Elements, functionality or telephone numbering resources.
"Parties" means, jointly, DTI and Sprint, and no other entity, affiliate,
subsidiary or assign.
"PARTY" means either DTI or Sprint, and no other entity, affiliate, subsidiary
or assign.
"P.01 TRANSMISSION GRADE OF SERVICE (GOS)" means a trunk facility provisioning
standard with the statistical probability of no more than one call in 100
blocked on initial attempt during the average busy hour.
"PLU" (PERCENT LOCAL USAGE) is a calculation which represents the ratio of the
local minutes to the sum of local and intraLATA toll minutes between exchange
carriers sent over Local Interconnection Trunks. Directory assistance,
BLV/BLVI, 900, 976, transiting calls from other exchange carriers and switched
access calls are not included in the calculation of PLU.
"POP" means an IXC's point of presence.
"PROPRIETARY INFORMATION" shall have the same meaning as Confidential
Information.
"PSAP" (PUBLIC SAFETY ANSWERING POINT (PSAP)) is the public safety
communications center where 911 calls placed by the public for a specific
geographic area will be answered.
"RATE CENTER" means the geographic point and corresponding geographic area
which are associated with one or more particular NPA-NXX codes which have been
assigned to Sprint (or CLEC) for its provision of Basic Exchange
Telecommunications Services. The "rate center point" is the finite geographic
point identified by a specific V&H coordinate, which is used to measure
distance-sensitive end user traffic to/from the particular NPA-NXX designations
associated with the specific Rate Center. The "rate center area" is the
exclusive geographic area identified as the area within which Sprint (or CLEC)
will provide Basic Exchange Telecommunications Services bearing the particular
NPA-NXX designations associated with the specific Rate Center. The Rate
Center point must be located within the Rate Center area.
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"REAL TIME" means the actual time in which an event takes place, with the
reporting on or the recording of the event simultaneous with its occurrence.
"RECIPIENT" means that party to this Agreement (a) to which Confidential
Information has been disclosed by the other party or (b) who has obtained
Confidential Information in the course of providing services under this
Agreement.
"RESELLER" is a category of Local Exchange service providers who obtain dial
tone and associated Telecommunications Services from another provider for
resale to their end user subscribers.
"ROW" (RIGHT OF WAY (ROW)) has the meaning set forth in Section 2.13 of
Attachment VI of this Agreement.
"ROUTING POINT" means a location which Sprint or CLEC has designated on its own
network as the homing (routing) point for traffic inbound to Basic Exchange
Services provided by Sprint or CLEC which bear a certain NPA-NXX designation.
The Routing Point is employed to calculate mileage measurements for the
distance-sensitive transport element charges of Switched Access Services.
Pursuant to Bellcore Practice BR 000-000-000, the Routing Point may be an "End
Office" location, or a "LEC Consortium Point of Interconnection." Pursuant to
that same Bellcore Practice, examples of the latter shall be designated by a
common language location identifier (CLLI) code with (x)KD in positions 9, 10,
11, where (x) may by any alphanumeric A-Z or 0-9. The above referenced
Bellcore document refers to the Routing Point as the Rating Point. The Rating
Point/Routing Point need not be the same as the Rate Center Point, nor must it
be located within the Rate Center Area, but must be in the same LATA as the
NPA-NXX.
"SECAB" means the Small Exchange Carrier Access Billing document prepared by
the Billing Committee of the OBF. The Small Exchange Carrier Access Billing
document, published by Bellcore as Special Report SR OPT-001856, contains the
recommended guidelines for the billing of access and other connectivity
services.
"SELECTIVE ROUTING" is a service which automatically routes an E911 call to the
PSAP that has jurisdictional responsibility for the service address of the
telephone that dialed 911, irrespective of telephone company exchange or wire
center boundaries.
"SIGNALING TRANSFER POINT" or "STP" means a signaling point that performs
message routing functions and provides information for the routing of messages
between signaling points within or between CCIS networks. An STP transmits,
receives and processes CCIS messages.
"SWITCH" means a Central Office Switch as defined in this Part B.
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"SWITCHED ACCESS DETAIL USAGE DATA" means a category 1101XX record as defined
in the EMR Bellcore Practice BR 000-000-000.
"SWITCHED EXCHANGE ACCESS SERVICE" means the offering of transmission or
switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange
Access Services include: Feature Group A, Feature Group B, Feature Group D,
800/888 access and 900 access and their successor or similar Switched Exchange
Access Services.
"SYNCHRONOUS OPTICAL NETWORK" or "SONET" is an optical interface standard that
allows interworking of transmission products from multiple vendors (i.e.
mid-span meets). The base rate is 51.84 MHps (OC-1/STS-1 and higher rates are
direct multiples of the base rate up to 1.22 GHps.
"TANDEM OFFICE SWITCHES" which are Class 4 switches which are used to connect
and switch trunk circuits between and among end office switches and other
tandems.
"TECHNICALLY FEASIBLE" refers solely to technical or operational concerns,
rather than economic, space, or site considerations.
"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.
"TELECOMMUNICATION SERVICES" means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"THOUSANDS BLOCK OF NUMBERS" shall mean 1000 or more consecutive numbers
beginning and ending on a digit boundary, e.g., 949-1000 to 949-1999.
"TRCO" means Trouble Reporting Control Office.
"VOLUNTARY FEDERAL SUBSCRIBER FINANCIAL ASSISTANCE PROGRAMS" are government
programs that subsidize the provision of Telecommunications Services to
low-income subscribers, pursuant to requirements established by the appropriate
state regulatory body.
"WIRE CENTER" denotes a building or space within a building which serves as an
aggregation point on a given carrier's network, where transmission facilities
and circuits are connected or switched. Wire center can also denote a
building in which one or more central offices, used for the provision of Basic
Exchange Services and access services, are located. However, for purposes of
EIC service, Wire Center shall mean those points eligible for such connections
as specified in the FCC Docket No. 91-141, and rules adopted pursuant thereto.
39
PART C - ATTACHMENT I
PRICE SCHEDULE
1. GENERAL PRINCIPLES
1.1 Subject to the provisions of Sections 2 and 12 of Part A of this
Agreement, all rates provided under this Agreement shall remain in effect
for the term of this Agreement.
2. LOCAL SERVICE RESALE
The rates that CLEC shall pay to Sprint for Local Resale are as set forth
in Table 1 of this Attachment and shall be applied consistent with the
provisions of Attachment II of this Agreement .
3. INTERCONNECTION AND RECIPROCAL COMPENSATION
3.1 The rates to be charged for the exchange of Local Traffic are set
forth in Table 1 of this Attachment and shall be applied consistent with
the provisions of Attachment IV of this Agreement.
3.2 Compensation for the termination of toll traffic and the origination
of 800 traffic between the interconnecting parties shall be based on the
applicable access charges in accordance with FCC and Commission Rules and
Regulations and consistent with the provisions of Attachment IV of this
Agreement.
3.3 Where a toll call is completed through Sprint's INP arrangement
(e.g., remote call forwarding, flexible DID, etc.) to a CLEC's
subscriber, CLEC shall be entitled to applicable access charges in
accordance with the FCC and Commission Rules and Regulations. If a
national standard billing method has not been developed for a CLEC to
directly xxxx x xxxxxxx access for a toll call that has been completed
using interim number portability, then a blended rate method will be
used.
3.3.1 The Parties will jointly determine the amount of traffic that
will be considered INP'ed traffic for compensation purposes. The
ported party shall charge the porting party for each minute of INP
traffic at the INP blended rate specified in section 3.3.2, in lieu
of any other compensation charges for terminating such traffic.
The traffic that is not identified as INP'ed will be compensated as
local interconnection as set forth in section 3.1.
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3.3.2 For compensation of the INP traffic, the Parties shall
jointly develop a process which will allow compensation for INP'ed
traffic to be based on the initial origination point and final
terminated point of the INP'ed call. The full reciprocal
compensation rate, as listed in the Pricing Schedule, shall apply
for local traffic, and full switched access charges, as listed in
applicable tariffs, shall apply for intraLATA and interLATA. All
three sets of rates will be weighted together based on the agreed
minutes of use patterns to establish a single set of blended rates
for all INP'ed traffic.
3.4 CLEC shall pay a transit rate, comprised of the transport and tandem
rate elements, as set forth in Table 1 of this Attachment when CLEC uses
a Sprint access tandem to terminate a local call to a third party LEC or
another CLEC. Sprint shall pay CLEC a transit rate equal to the Sprint
rate referenced above when Sprint uses a CLEC switch to terminate a local
call to a third party LEC or another CLEC.
4. UNBUNDLED NETWORK ELEMENTS
The charges that CLEC shall pay to Sprint for Unbundled Network Elements
are set forth in Table 1 of this Attachment I.
41
NETWORK ELEMENT PRICE LIST - SPRINT KANSAS
RATE ELEMENT SOURCE RECURRING RATE NRC
TELRIC COST STUDY
Service Order NRC $25.15
Service Order Listing Only $20.82
Central Office Interconnection Charge $10.25
Trip charge $16.61
Outside Plant Interconnection (2-W) $47.14
Outside Plant Interconnection (4-W) $53.87
NID Installation Charge $26.94
NID Connection Charge $13.47
Testing $1.41
Loop Rework Charge (2-W) $33.27
Loop Rework Charge (4-W) $53.85
Trouble Isolation and Testing $66.46
NID TELRIC COST STUDY
1 Line $0.77
2 Line $1.11
Smartjack $14.30
LOOP TELRIC COST STUDY
Analog 2-wire Band 1 $27.71
Band 2 $38.37
Band 3 $50.32
Band 4 $62.23
Band 5 $97.28
Analog 4-wire
Band 1 $46.55
Band 2 $64.47
Band 3 $84.54
Band 4 $104.55
Band 5 $163.44
Digital 2-wire ICB
Digital 4-wire ICB
ISDN ICB
DS1 ICB
HDSL ICB
Local Switching TELRIC COST STUDY
Band 1 $7.06
Band 2 $10.89
Band 3 $15.33
ISDN ICB
CENTREX ICB
PBX ICB
DS1 ICB
Intrastate CCL Orig* Interstate Access Tariff Current tariff rate
Intrastate CCL Term* Current tariff rate
RIC* Current tariff rate
LOOP & PORT COMB. Discount TELRIC COST STUDY
(1 Line NID, 2 Wire Loop, & Basic Port) $1.68
FEATURES TELRIC COST STUDY
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NETWORK ELEMENT PRICE LIST - SPRINT KANSAS
RATE ELEMENT SOURCE RECURRING RATE NRC
CCF Package* $0.49 $2.49
CLASS Package* $10.60 $4.38
CENTREX Package* $13.65 $26.87
- 3 Way Conf/Consult/Hold Transfer $2.09 $15.33
- Conf Calling - 6 Way Station Control $3.07 $22.99
- Dial Transfer to Tandem Tie Line $0.11 $77.52
- Direct Connect $0.02 $17.78
- Meet Me Conference $20.86 $29.95
- Multi-Xxxx Service $0.06 $19.93
INTERIM NUMBER PORTABILITY TELRIC COST STUDY
RCF Residential $0.04 $0.96
RCF Business $0.21 $0.96
Call Path Residential $0.01 $0.31
Call Path Business $0.04 $0.31
TANDEM SWITCHING TELRIC COST STUDY
$0.003897 $88.21
TRANSPORT Interstate Access Tariff
DS 1 Rates varies $180.77
DS 3 Rates varies $206.93
Common $0.002446 N/A
RECIPROCAL COMPENSATION TELRIC COST STUDY
End Office $0.009705 $88.21
Tandem Switching $0.003897 $88.21
Transport
DS 1 Rates varies $180.77
DS 3 Rates varies $206.93
Common $0.002446 N/A
INTERCONNECTION TELRIC COST STUDY
CROSS CONNECTION
DS0 Elec X-Conn ICB N/A
DS1 Elec X-Conn ICB N/A
DS3 Elec X-Conn ICB N/A
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NETWORK ELEMENT PRICE LIST - SPRINT KANSAS
RATE ELEMENT SOURCE RECURRING RATE NRC
COMMON XXXXXXXX SIGNALING
INTERCONNECTION SERVICE
STP Port TELRIC COST STUDY See Page 4 See Page 4
STP Switching TELRIC COST STUDY See Page 4 See Page 4
56.0 Kpbs Channel Termination Interstate Access Tariff See Page 4 See Page 4
56.0 Kbps SS7 Link Fixed Interstate Access Tariff See Page 4 See page 4
56.0 Kbps SS7 Line Per Mile Interstate Access Tariff See Page 4 See Page 4
1.544 MBS Channel Termination Interstate Access Tariff See Page 4 See Page 4
1.544 MBPS SS7 Link Fixed Interstate Access Tariff See Page 4 See Page 4
1.544 MBPS SS7 Link Per Mile Interstate Access Tariff See Page 4 See Page 4
Multiplexing DS1 to DS0 TELRIC COST STUDY See Page 4 See Page 4
LINE INFORMATION DATABASE
LIDB Administration Service TELRIC COST STUDY $0.055 N/A
LIDB Database Transport per query Interstate Access Tariff $0.0016 N/A
LIDB Database per query Interstate Access Tariff $0.0366 N/A
Toll Free Code Access Service query Interstate Access Tariff $0.007520 N/A
Toll Free Code Optional Service query Interstate Access Tariff $0.001255 N/A
DIRECTORY ASSISTANCE SERVICES
DA Database Listing & Update per listing/update TELRIC COST STUDY $0.07 N/A
DA Data Base Query Service per query TELRIC COST STUDY $0.0968 N/A
TOLL & LOCAL OPERATOR SERVICES TELRIC COST STUDY
Toll and Local Assistance Service (Live) per attempt $0.5230 N/A
DA OPERATOR SERVICE TELRIC COST STUDY
DA Operator Service (Live) per attempt $0.310 N/A
911 TANDEM PORT TELRIC COST STUDY
Per DSO Equivalent Port $21.60 $114.15
OPERATIONAL SUPPORT SYSTEMS
OSS Interfaces* ICB ICB
* Sprint is working on OSS and rates will be added
as they are developed.
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NETWORK ELEMENT PRICE LIST - SPRINT KANSAS
RATE ELEMENT SOURCE RECURRING RATE NRC
STP INTERCONNECTON
STP interconnection (in pairs) can be obtained at any of the
following locations. Associated recurring and non-recurring
rates are based on the applicable state charges.
Operating Point
State Exchange Code CLLI Code
Florida Tallahassee 000-000-000 THLSFLXA21W
Tallahassee 000-000-000 THLSFLXB21W
Winter Park 000-000-000 WNPKFLXA11W
Altamonte Springs 000-000-000 ALSPFLXA21W
Tennessee Bristol 000-000-000 BRSTTNXA21W
Xxxxxxx City 000-000-000 JHCYTNXC21W
Minnesota Osseo 000-000-000 OSSEMNXO21W
Chaska 000-000-000 CHSKMNXC21W
Missouri Warrensburg 000-000-000 WRBGMOXA21W
Jefferson City 000-000-000 JFCYMOXA21W
New Jersey Clinton 000-000-000 CLTNNJXJ77W
Xxxxxx 000-000-000 NWTNNJXU77W
Nevada Las Vegas 000-000-000 LSVGNVXB00W
Las Vegas 000-000-000 LSVGNVXG00W
North Carolina Rocky Mount 000-000-000 RCMTNCXA01W
Fayettville 000-000-000 FYVLNCXA01W
Ohio Mansfield 000-000-000 MNFDOHXA24W
Lima 000-000-000 LIMAOHXA25W
Pennsylvania Chambersburg 000-000-000 CHBGPAXC77W
Carlisle 000-000-000 CRLSPAXC77W
Texas Athens 000-000-000 ATHNTXXA21W
Humble 000-000-000 HMBLTXXA21W
OPERATOR & DIRECTORY ASSISTANCE
Operator and Directory Assistance can be obtained from any of
the four Sprint regional centers. The recurring and
non-recurring rates are based on the regional centers which
are located in:
Las Vegas, Nevada
Mansfield, Ohio
Rocky Mount, North Carolina
Winter Park, Florida
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PART C - ATTACHMENT II
LOCAL RESALE
SECTION 1. TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE
1.1 At the request of CLEC, and pursuant to the requirements of the
Act, and FCC and Commission Rules and Regulations, Sprint shall
make available to CLEC for resale Telecommunications Services that
Sprint currently provides or may provide hereafter at retail to
subscribers who are not telecommunications carriers. Such resale
may be as allowed by the FCC and Commission. The
Telecommunications Services provided by Sprint to CLEC pursuant to
this Attachment II are collectively referred to as "Local Resale."
1.2 To the extent that this Attachment describes services which
Sprint shall make available to CLEC for resale pursuant to this
Agreement, this list of services is neither all inclusive nor
exclusive.
SECTION 2. GENERAL TERMS AND CONDITIONS
2.1 PRICING. The prices charged to CLEC for Local Resale are set
forth in Attachment I of this Agreement.
2.2 REQUIREMENTS FOR SPECIFIC SERVICES
2.2.1 CENTREX REQUIREMENTS
2.2.1.1 At CLEC's option, CLEC may purchase the entire
set of CENTREX features or a subset of any one such
feature. The CENTREX Service provided for resale will
meet the requirements of this Subsection 2.3.1.
2.2.1.2 All features and functions of CENTREX Service,
including CENTREX Management System (CMS), whether
offered under tariff or otherwise, shall be available
to CLEC for resale.
2.2.1.3 Sprint shall make information required for an
"as is" transfer of CENTREX subscriber service,
features, functionalities and CMS capabilities
available to CLEC.
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2.2.1.4 All service levels and features of CENTREX
Service provided by Sprint for resale by CLEC shall be
at parity with the service levels and features of
CENTREX Service Sprint provides its subscribers.
2.2.1.5 Consistent with Sprint's tariffs, CLEC may
aggregate the CENTREX local exchange, and IntraLATA
traffic usage of CLEC subscribers to qualify for volume
discounts on the basis of such aggregated usage.
2.2.1.6 CLEC may request that Sprint suppress the need
for CLEC subscribers to dial "9" when placing calls
outside the CENTREX System. Should CLEC request this
capability for its subscriber, the subscriber will not
be able to use 4 digit dialing.
2.2.1.7 CLEC may resell call forwarding in conjunction
with CENTREX Service.
2.2.1.8 CLEC may purchase any CENTREX Service for
resale subject to the minimum number of lines required
by Sprint's tariff to qualify for CENTREX Service, but
otherwise without restriction on the maximum number of
lines that may be purchased for such service.
2.2.1.9 Sprint shall make available to CLEC for resale
intercom calling within the same CENTREX system. To
the extent that Sprint offers its own subscribers
intercom calling between different CENTREX systems,
Sprint shall make such capability available to CLEC for
resale..
2.2.1.10 CLEC may resell Automatic Route Selection
("ARS"). CLEC may aggregate multiple CLEC subscribers
on dedicated access facilities where such aggregation
is allowed by law, rule or regulation.
2.2.2 VOLUNTARY FEDERAL AND STATE
SUBSCRIBER FINANCIAL ASSISTANCE PROGRAMS
Subsidized local Telecommunications Services are provided to
low-income subscribers pursuant to requirements established
by the appropriate state regulatory body, and include
programs such as Voluntary Federal Subscriber Financial
Assistance Program and Link-Up America. Voluntary Federal
and State Subscriber Financial Assistance Programs are not
Telecommunications
47
Services that are available for resale under this Agreement.
However, when a Sprint subscriber who is eligible for such a
federal program or other similar state program chooses to
obtain Local Resale from CLEC and CLEC serves such subscriber
via Local Resale, Sprint shall identify such subscriber's
eligibility to participate in such programs to CLEC in
accordance with the procedures set forth herein.
2.2.3 GRANDFATHERED SERVICES. Sprint shall offer for resale
to CLEC all Grandfathered Services solely for the existing
grandfathered base. Sprint shall make reasonable efforts to
provide CLEC with advance copy of any request for the
termination of service and/or grandfathering to be filed by
Sprint with the Commission.
2.2.4 N11 SERVICE
2.2.4.1 Sprint agrees not to offer any new N11
Telecommunications Services after the Approval Date of
this Agreement unless Sprint makes any such service
available for resale.
2.2.4.2 CLEC shall have the right to resell any N11
Telecommunications Service, including but not limited
to 411 or 611 services, existing as of the Approval
Date. Where technically feasible, these services
shall be unbranded and routed to CLEC, as required by
CLEC pursuant to Part A, Section 12.
2.2.5 CONTRACT SERVICE ARRANGEMENTS, SPECIAL ARRANGEMENTS,
AND PROMOTIONS. Sprint shall offer for resale all of its
Telecommunications Services available at retail to
subscribers who are not Telecommunications Carriers,
including but not limited to Contract Service Arrangements
(or ICB), Special Arrangements (or ICB), and Promotions in
excess of ninety (90) days, all in accordance with FCC and
Commission Rules and Regulations.
2.2.6 COCOT LINES
2.2.6.1 COCOT lines will not be resold at wholesale
prices under this Agreement.
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2.2.7 VOICE MAIL SERVICE
Voice Mail Service is not a Telecommunications Service
available for resale under this Agreement. However, where
available, Sprint shall make available for Local Resale the
SMDI-E (Station Message Desk Interface-Enhanced), or SMDI,
Station Message Desk Interface where SMDI-E is not available,
feature capability allowing for Voice Mail Services. Sprint
shall make available the MWI (Message Waiting Indicator)
stutter dial tone and message waiting light feature
capabilities. Sprint shall make available CFB/DA (Call
Forward on Busy/Don't Answer), CF/B (Call Forward on Busy),
and CF/DA (Call Forward Don't Answer) feature capabilities
allowing for Voice Mail services.
2.2.8 HOSPITALITY SERVICE
Sprint shall provide all blocking, screening, and all other
applicable functions available for hospitality lines under
tariff.
2.2.9 TELEPHONE LINE NUMBER CALLING CARDS.
Sprint shall maintain customer information for CLEC customers
who subscribe to resold Sprint local service dial tone lines,
in Sprint's LIDB in the same manner that it maintains
information in LIDB for its own similarly situated end-user
subscribers. Sprint shall update and maintain, on the same
schedule that it uses for its own similarly situated end-user
subscribers, the CLEC information in LIDB.
Until such time as Sprint's LIDB has the software capability
to recognize a resold number as CLEC's, Sprint shall store
the resold number in its LIDB at no charge and shall retain
revenue for LIDB look-ups to the resold number. At such
time as Sprint's LIDB has the software capability to
recognize that the resold number is CLEC's then, if CLEC
desires to store resold numbers on Sprint's LIDB, the parties
shall negotiate a separate LIDB database storage and look-up
agreement.
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PART C - ATTACHMENT III
NETWORK ELEMENTS
SECTION 1. GENERAL
Pursuant to the following terms, Sprint will unbundle and
separately price and offer Unbundled Network Elements such that
CLEC will be able to subscribe to and interconnect to whichever of
these unbundled elements CLEC requires for the purpose of providing
local telephone service to its end-users. It is CLEC's obligation
to combine Sprint-provided elements with any facilities and
services that CLEC may itself provide.
SECTION 2. UNBUNDLED NETWORK ELEMENTS
2.1 Sprint shall offer Network Elements to CLEC for the purpose of
offering Telecommunication Services to CLEC subscribers. Sprint
shall offer Network Elements to CLEC on an unbundled basis on
rates, terms and conditions that are just, reasonable, and
non-discriminatory in accordance with the terms and conditions of
this Agreement. The initial set of Network Elements include:
1) Local Loop
2) Network Interface Device (NID)
3) Switching Capability
-- Local Switching
-- Tandem Switching
4) Interoffice Transmission Facilities
-- Dedicated
-- Common
5) Signaling Networks & Call Related Databases
6) Operations Support Systems
7) Operator Services & Directory Assistance
2.2 CLEC may use one or more Network Elements to provide any
feature, function, capability, or service option that such Network
Element(s) is technically capable of providing.
2.3 Standards for Network Elements
2.3.1 Each Network Element provided by Sprint to CLEC shall
be at parity with the quality of design, performance,
features, functions, capabilities and other characteristics,
including but not limited to levels and types of redundant
equipment and facilities for
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power, diversity and security, that Sprint provides to
itself, Sprint's own subscribers, to a Sprint Affiliate or to
any other entity.
Section 3. Loop
3.1 Definition
3.1.1. A "Loop" is a transmission path between the main
distribution frame [cross-connect], or its equivalent, in a
Sprint Central Office or wire center, and up to the Network
Interface Device at a customer's premises, to which CLEC is
granted exclusive use. This includes, but is not limited
to, two-wire and four-wire xxxxxx analog voice-grade loops,
two-wire and four-wire loops that are conditioned to transmit
the digital signals needed to provide services such as ISDN
and DS1-level signals. This also includes DS-3, OC-n and
STS-n services (e.g., n = 1,3,12...). Sprint will also
provide conditioned loops (e.g., ADSL, HDSL) for
Telecommunications Services requiring loop unfettered by any
intervening equipment (e.g., filters, load coils, range
extenders) so that CLEC can use these loops for a variety of
Telecommunications Services that can be supported by use of
copper by attaching appropriate terminal equipment at the
ends.
3.2. Digital Loops
3.2.1. Sprint will provide loops conditioned for ADSL and
HDSL without electronic terminal equipment at the ends unless
otherwise specified by CLEC. If Sprint does not have
available the facilities requested by CLEC or if the service
requested exceeds the spectrum compatibility of the
transmission path, then CLEC will issue a bona fide request
to Sprint for the appropriate facilities.
3.2.2. Sprint requires CLEC to provide in writing the grade
of service desired in a particular loop (e.g., ISDN-BRI, PRI,
ADSL, HDSL, DS1, etc.) so that the loop may be engineered to
meet the appropriate spectrum compatibility requirements.
If CLEC requires a change in the grade of service of a
particular loop, e.g. changing from ISDN service to ADSL,
CLEC shall notify Sprint in writing of the requested change
in grade of service. If Sprint finds that it is not
technically feasible to provide the new level of service to
CLEC, Sprint will notify CLEC that it is unable to meet
CLEC's request. If a particular grade of service is
installed
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but CLEC uses the loop to provide a service that exceeds the
engineered capacity of a medium (i.e., interferes with other
services) a mutually agreed upon process will be developed to
resolve the issue.
3.2.3. If Sprint uses Integrated Digital Loop Carrier or
other similar remote concentration devices, Sprint will make
alternative arrangements at CLEC's request, to provide an
unbundled local loop. Alternative arrangements may include
copper facilities, dedicated transmission equipment or the
deployment of newer devices providing for multiple hosting.
The cost of modifications will be recovered from the
requesting CLEC.
3.2.4. Reverse ADSL Loops - all ADSL ATU-C units in Sprint's
network, including those integrated into DSLAMs, should
either reside within a Sprint host or remote central office.
If an ADSL copper loop should start at an outside location,
and looped through a host or remote, and then onto the
customer, the copper plant from the outside location to the
Sprint central office must be a facility dedicated to ADSL
transmission only and not part of Sprint's regular feeder or
distribution plant.
3.3. CLEC shall meet the power spectral density requirement given
in the respective technical references listed below:
3.3.1 For Basic Rate ISDN: Bellcore TR-NWT-000393 Generic
Requirements for ISDN Basic Access Digital Subscriber Lines.
3.3.2 For HDSL installations: Bellcore TA-NWT-001210 Generic
Requirements for High-Bit-Rate Digital Subscriber Lines.
Some fractional T1 derived products operating at 768 kbps may
use the same standard.
3.3.3. For ADSL: ANSI T1.413-1995 (Issue 1) Asymmetrical
Digital Subscriber Line (ADSL) Metallic Interface. Note:
Issue 2 of the standard will be balloted soon. It will drop
a option that was in Issue 1 called Power Boost. Sprint does
not permit the Power Boost option used in its local network.
3.3.4. As an alternative to Sections 3.3.1, .3.3.2. and
3.3.3, CLEC may meet the requirements given in ANSI document
T1E1.4/97-180R1, "Normative Text for Spectral Compatibility
Evaluations" dated June 30, 1997.
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SECTION 4. LOCAL SWITCHING
4.1 Definition:
4.1.1 Local Switching is the Network Element that provides
the functionality required to connect the appropriate lines
or trunks wired to the Main Distributing Frame (MDF) or
Digital Cross Connect (DSX) panel to a desired line or trunk.
Such functionality shall include all of the features,
functions, and capabilities that the underlying Sprint switch
providing such Local Switching function provides for Sprint's
own services. Functionality may include, but is not limited
to: line signaling and signaling software, digit reception,
dialed number translations, call screening, routing,
recording, call supervision, dial tone, switching, telephone
number provisioning, announcements, calling features and
capabilities (including call processing), Centrex, or Centrex
like services, Automatic Call Distributor (ACD), CLEC
pre-subscription (e.g., long distance Carrier, intraLATA
toll), Carrier Identification Code (CIC) portability
capabilities, testing and other operational features inherent
to the switch and switch software.
4.2 Technical Requirements
4.2.1 Sprint shall provide its standard recorded
announcements (as designated by CLEC) and call progress tones
to alert callers of call progress and disposition. CLEC
will use the BFR process for unique announcements in
accordance with Section 6 of Part A of this Agreement.
4.2.2 Sprint shall change a subscriber from Sprint's
Telecommunications Services to CLEC's Telecommunications
Services without loss of feature functionality unless
expressly agreed otherwise by CLEC.
4.2.3 Sprint shall control congestion points such as mass
calling events, and network routing abnormalities, using
capabilities such as Automatic Call Gapping, Automatic
Congestion Control, and Network Routing Overflow.
Application of such control shall be competitively neutral
and not favor any user of unbundled switching or Sprint.
4.2.4 Sprint shall offer all Local Switching features that
are technically feasible and provide feature offerings at
parity with those provided by Sprint to itself or any other
party.
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4.3 Interface Requirements:
4.3.1 Sprint shall provide the following interfaces to loops:
4.3.1.1 Standard Tip/Ring interface including loopstart
or groundstart, on-hook signaling (e.g., for calling
number, calling name and message waiting lamp);
4.3.1.2 Coin phone signaling;
4.3.1.3 Basic and Primary Rate Interface ISDN adhering
to ANSI standards Q.931, Q.932 and appropriate Bellcore
Technical Requirements;
4.3.1.4 Two-wire analog interface to PBX to include
reverse battery, E&M, wink start and DID;
4.3.1.5 Four-wire analog interface to PBX to include
reverse battery, E&M, wink start and DID;
4.3.1.6 Four-wire DS1 interface to PBX or subscriber
provided equipment (e.g., computers and voice response
systems);
4.4 Sprint shall provide access to interfaces, including but not
limited to:
4.4.1 SS7 Signaling Network, Dial Plus or Multi-Frequency
trunking if requested by CLEC;
4.4.2 Interface to CLEC operator services systems or Operator
Services through appropriate trunk interconnections for the
system; and
4.4.3 Interface to CLEC directory assistance services through
the CLEC switched network or to Directory Services through
the appropriate trunk interconnections for the system; and
950 access or other CLEC required access to interexchange
carriers as requested through appropriate trunk interfaces.
SECTION 5. DIRECTORY ASSISTANCE SERVICE
5.1 Sprint shall provide for the routing of directory assistance
calls (including but not limited to 411, 555-1212, NPA-555-1212)
dialed by CLEC subscribers directly to, at CLEC's option, either
(a) the CLEC DA
54
service platform to the extent Sprint's switch can perform this
customized routing, or (b) Sprint's DA service platform to the
extent there is a DA service platform for that serving area.
5.1.1 Sprint shall provide CLEC with the same level of
support for the provisioning of Directory Assistance as
Sprint provides itself. Quality of service standards shall
be measured at the aggregate level in accordance with
standards and performance measurements that are at parity
with the standards and/or performance measurements that
Sprint uses and/or which are required by law or regulatory
agency rules or orders.
5.1.2 Directory Assistance services provided by Sprint to
CLEC subscribers shall be branded in accordance with Section
11 of Part A of this Agreement.
SECTION 6: OPERATOR SERVICES
6.1 Sprint shall provide for the routing of local Operator Services
calls (including but not limited to 0+, 0-) dialed by CLEC
subscribers directly to either the CLEC operator Service platform
or Sprint Operator Service platform to the extent Sprint's switch
can perform this customized routing.
6.1.1. Sprint shall provide Operator Services to CLEC as
described below until, at CLEC's discretion, Sprint routes
calls to the CLEC Local Operator Services platform.
6.1.1.1.1 Sprint agrees to provide CLEC subscribers the
same Operator Services available to Sprint subscribers.
Sprint shall make available its service enhancements
on a non-discriminatory basis.
6.1.1.1.2 Operator Services provided to CLEC
subscribers shall be branded in accordance with Section
11 of Part A of this Agreement.
6.1.2 Sprint shall exercise the same level of fraud control
in providing Operator Service to CLEC that Sprint provides
for its own operator service.
SECTION 7: TRANSPORT
7.1 Common Transport
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7.1.1 Definition: Common Transport provides a local
interoffice transmission path between the Sprint tandem
switch and a Sprint or CLEC end office switch. Common
transport is shared between multiple customers and is
required to be switched at the tandem.
7.1.2 Sprint shall offer Common Transport at DS0, DS1, DS3,
STS-1 or higher transmission bit rate circuits.
7.1.3 Sprint shall be responsible for the engineering,
provisioning, and maintenance of the underlying equipment and
facilities that are used to provide Common Transport
7.2 Dedicated Transport
7.2.1 Definition:
Dedicated Transport provides a local interoffice
transmission path between Sprint and/or CLEC central
offices. Dedicated transport is limited to the use of
a single customer and does not require switching at a
tandem.
7.2.2 Technical Requirements
Where technologically feasible and available, Sprint
shall offer Dedicated Transport consistent with the
underlying technology as follows:
7.2.2.1 When Sprint provides Dedicated Transport as a
circuit or a system, the entire designated transmission
circuit or system (e.g., DS1, XX0, XXX-0 ) shall be
dedicated to CLEC designated traffic.
7.2.2.2 Where Sprint has technology available, Sprint
shall offer Dedicated Transport using currently
available technologies including, but not limited to,
DS1 and DS3 transport systems, SONET (or SDH)
Bi-directional Line Switched Rings, SONET (or SDH)
Unidirectional Path Switched Rings, and SONET (or SDH)
point-to-point transport systems (including linear
add-drop systems), at all available transmission bit
rates.
SECTION 8 TANDEM SWITCHING
8.1 Definition:
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Tandem Switching is the function that establishes a
communications path between two switching offices (connecting
trunks to trunks) through a third switching office (the
tandem switch) including but not limited to CLEC, Sprint,
independent telephone companies, IXCs and wireless Carriers.
8.2 Technical Requirements
8.2.1 The requirements for Tandem Switching include, but are
not limited to, the following:
8.2.1.1 Interconnection to Sprint tandem(s) will
provide CLEC local interconnection for local and toll
access service purposes to the Sprint end offices and
NXXs which interconnect with that tandem(s) either
directly or through other Sprint facilities for local
and toll service purposes, and to other companies which
are likewise connected to that tandem(s).
8.2.1.2 Interconnection to a Sprint tandem for transit
purposes will provide CLEC interexchange access to
Sprint, Interexchange Carriers ("IXCs"), Carriers,
ILECs, and CMRS providers which are connected to that
tandem.
8.2.1.3 Where a Sprint Tandem Switch also provides
End-Office Switch functions, interconnection to a
Sprint tandem serving that exchange will also provide
CLEC access to Sprint's end offices and access the NXXs
served by that individual end-office.
8.2.2 Tandem Switching shall preserve CLASS/LASS features and
Caller ID as traffic is processed.
8.2.3 To the extent technically feasible, Tandem Switching
shall record billable events and send them to the area
billing centers designed by CLEC.
8.2.4 Tandem Switching shall control congestion using
capabilities such as Automatic Congestion Control and Network
Routing Overflow. Congestion control provided or imposed on
CLEC traffic shall be at parity with controls being provided
or imposed on Sprint traffic (e.g. Sprint shall not block
CLEC traffic and leave its traffic unaffected or less
affected.)
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8.2.5 The Local Switching and Tandem Switching functions may
be combined in an office. If this is done, both Local
Switching and Tandem switching shall provide all of the
functionality required of each of those Network Elements in
this Agreement.
8.2.6 Tandem Switching shall provide interconnection to the
E911 PSAP where the underlying Tandem is acting as the E911
Tandem.
8.3 Interface Requirements
8.3.1 Tandem Switching shall interconnect, with direct
trunks, to all carriers with which Sprint interconnects.
8.3.2 Sprint shall provide all signaling necessary to provide
Tandem Switching with no loss of feature functionality.
SECTION 9 NETWORK INTERFACE DEVICE
9.1 Definition:
The Network Interface Device (NID) is a single-line
termination device or that portion of a multiple-line
termination device required to terminate a single line or
circuit. The function of the NID is to establish the
network demarcation point between a carrier and its
subscriber. The NID features two independent xxxxxxxx or
divisions which separate the service provider's network from
the subscriber's inside wiring. Each chamber or division
contains the appropriate connection points or posts to which
the service provider, and the subscriber each make their
connections. The NID or protector provides a protective
ground connection, provides protection against lightning and
other high voltage surges and is capable of terminating
cables such as twisted pair cable.
9.1.1 CLEC may connect its NID to Sprint's NID.
9.1.2 With respect to multiple-line termination devices, CLEC
shall specify the quantity of NIDs it requires within such
device.
Figure 1 shows a schematic of a NID.
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[Graphic]
FIGURE 1 - NETWORK INTERFACE DEVICE
9.2 Technical Requirements
9.2.1 The Sprint NID shall provide a clean, accessible point
of connection for the inside wiring and for the Distribution
Media and/or cross connect to CLEC's NID and shall maintain a
connection to ground that meets the requirements set forth
below. Each party shall ground its NID independently of the
other party's NID.
9.2.2 The NID shall be the interface to subscribers' premises
wiring for all loop technologies.
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SECTION 10 SIGNALING SYSTEMS AND DATABASES
10.1 Signaling Systems
10.1.1 Signaling Link Transport
10.1.1.1 Definition:
Signaling Link Transport is a set of two or
four dedicated 56 Kbps transmission paths
between CLEC-designated Signaling Points of
Interconnection (SPOI) that provides
appropriate physical diversity and a cross
connect at a Sprint STP site.
10.1.1.2 Technical Requirements
10.1.1.2.1 Signaling Link Transport shall
consist of full duplex mode 56 Kbps
transmission paths.
10.1.1.3 Interface Requirements
10.1.1.3.1 There shall be a DS1 (1.544 Mbps)
interface at the CLEC-designated SPOIs. Each
56 Kbps transmission path shall appear as a
DS0 channel within the DS1 interface.
10.1.2 Signaling Transfer Points (STPs)
10.1.2.1 Definition:
Signaling Transfer Points (STPs) provide
functionality that enable the exchange of SS7
messages among and between switching elements,
database elements and signaling transfer
points.
10.1.2.1.1 Figure 2 depicts Signaling Transfer
Points.
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[Graphic]
FIGURE 2 - SIGNALING TRANSFER POINTS.
10.1.2.2 Technical Requirements
STPs shall provide access to and fully support
the functions of all other Network Elements
connected to the Sprint SS7 network. These
include:
10.2.2.2.1 Sprint Local Switching or Tandem
Switching;
10.2.2.2.2 Sprint Service Control
Points/DataBases;
10.2.2.2.3 Third-party local or tandem
switching systems; and
10.2.2.2.4 Third-party-provided STPs.
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10.1.2.3 Interface Requirements
10.1.2.3.1 Sprint shall provide the following
STPs options to connect CLEC or
CLEC-designated local switching systems or
STPs to the Sprint SS7 network:
10.1.2.3.1.1 An A-link interface from
CLEC local switching systems; and,
10.1.2.3.1.2 B or D-link interface from
CLEC STPs.
10.1.2.3.2 Each type of interface shall be
provided by one or more sets (layers) of
signaling links, as follows:
10.1.2.3.2.1 An A-link layer shall
consist of two links, as depicted in
Figure 3.
[Graphic]
FIGURE 3. A-LINK INTERFACE
10.1.2.3.2.2 A B or D-link layer shall
consist of four links, as depicted in
Figure 4.
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[Graphic]
Figure 4. D-Link Interface
10.1.2.3.3 Signaling point of
Interconnection (SPOI) for each link
shall be located at a cross-connect
element, such as a DSX-1, in the
Central Office (CO) where the Sprint
STPs is located. There shall be a DS1
or higher rate transport interface at
each of the SPOIs. Each signaling
link shall appear as a DSO channel
within the DS1 or higher rate
interface.
10.2 Line Information Database (LIDB)
10.2.1 The LIDB is a transaction-oriented database accessible
through Common Channel Signaling (CCS) networks. It
contains records associated with subscribers Line
Numbers and Special Billing Numbers. LIDB accepts
queries from other Network Elements, or CLEC's network,
and provides appropriate responses. The query
originator need not be the owner of LIDB data. LIDB
queries include functions such as screening billed
numbers that provides the ability to accept Collect or
Third Number Billing calls and validation of Telephone
Line Number based non-proprietary calling cards. The
interface for the LIDB functionality is the interface
between the Sprint CCS network and other CCS networks.
LIDB also interfaces to administrative systems. The
administrative system interface provides Work Centers
with an interface to LIDB for functions such as
provisioning, auditing of data, access to LIDB
measurements and reports.
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10.2.2 Technical Requirements
10.2.2.1 Prior to the availability of a long-term
solution for Number Portability, Sprint shall enable
CLEC to store in Sprint's LIDB any subscriber Line
Number or Special Billing Number record, whether ported
or not, for which the NPA-NXX or NXX-0/IXX Group is
supported by that LIDB.
10.2.2.2 Prior to the availability of a long-term
solution for Number Portability, Sprint shall enable
CLEC to store in Sprint's LIDB any subscriber Line
Number or Special Billing Number record, whether ported
or not, and NPA-NXX and NXX-0/IXX Group Records,
belonging to an NPA-NXX or NXX-0/1 XX owned by CLEC.
10.2.2.3 Subsequent to the availability of a long-term
solution for Number Portability, Sprint shall enable
CLEC to store in Sprint's LIDB any subscriber Line
Number or Special Billing Number record, whether ported
or not, regardless of the number's NPA-NXX or
NXX-0/IXX.
10.2.2.4 Sprint shall perform the following LIDB
functions for CLEC's subscriber records in LIDB:
Billed Number Screening (provides information such as
whether the Billed Number may accept Collect or Third
Number Billing calls); and Calling Card Validation.
10.2.2.5 Sprint shall process CLEC's subscriber records
in LIDB at parity with Sprint subscriber records, with
respect to other LIDB functions (as defined in the
technical reference in Section 13.5). Sprint shall
indicate to CLEC what additional functions (if any) are
performed by LIDB in their network.
10.2.2.6 Sprint shall perform backup and recovery of
all of CLEC's data in LIDB at parity with backup and
recovery of all other records in the LIDB, including
sending to LIDB all changes made since the date of the
most recent backup copy.
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10.3 Toll Free Number Database
10.3.1 Definition
10.3.1.1 The Toll Free Number Database provides
functionality necessary for toll free (e.g., 800 and
888) number services by providing routing information
and additional vertical features during call set-up in
response to queries from SSPs. Sprint shall provide
the Toll Free Number Database in accordance with the
following:
10.3.2 Technical Requirements
10.3.2.1 Sprint shall make the Sprint Toll Free Number
Database available for CLEC to query, from CLEC's
designated switch including Sprint unbundled local
switching with a toll-free number and originating
information.
10.3.2.2 The Toll Free Number Database shall return
carrier identification and, where applicable, the
queried toll free number, translated numbers and
instructions as it would in response to a query from a
Sprint switch.
10.3.3 Interface Requirements
10.3.3.1 The signaling interface between the CLEC or
other local switch and the Toll-Free Number database
shall use the TCAP protocol, together with the
signaling network interface.
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PART C - ATTACHMENT IV
INTERCONNECTION
SECTION 1. LOCAL INTERCONNECTION TRUNK ARRANGEMENT
1.1 The Parties agree to initially use 2-Way trunks
(1-way directionalized) for an interim period of 120 days
after date of initial trunk turn-up. Either Party may extend
the use of 1-way trunks for an additional 30 days, if
necessary for engineering and billing purposes; provided that
the Parties shall transition all 1-way trunks established
under this Agreement.
1.1.1 The Parties shall initially reciprocally terminate
Local Traffic and IntraLATA/lnterLATA toll calls originating
on each others' networks as follows:
1.1.1.1 The Parties shall make available to each other
two-way trunks for the reciprocal exchange of combined
Local Traffic, and non-equal access IntraLATA toll
traffic.
1.1.1.2 Separate two-way trunks will be made available
for the exchange of equal-access InterLATA or IntraLATA
interexchange traffic that transits Sprint's network.
Upon agreement between CLEC and Sprint, equal access
InterLATA and/or IntraLATA traffic may be combined on
the same trunk group as Local Traffic, non-equal access
IntraLATA toll traffic, and local transit traffic.
1.1.1.3 Separate trunks will be utilized for connecting
CLEC's switch to each 911/E911 tandem.
1.1.1.4 Separate trunk group will be utilized for
connecting CLEC's switch to Sprint's Operator Service
center for operator-assisted busy line
interrupt/verify.
1.1.1.5 Separate trunk group will be utilized for
connecting CLEC's switch to Sprint's Directory
Assistance center in instances where CLEC is purchasing
Sprint's unbundled Directory Assistance service.
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1.2 Interconnection Point
1.2.1 "Interconnection Point" or "IP" means the physical
point that establishes the technical interface, the test
point, and the operational responsibility hand-off between
CLEC and Sprint for the local interconnection of their
networks.
1.2.2 CLEC will be responsible for engineering and
maintaining its network on its side of the IP. Sprint will
be responsible for engineering and maintaining its network on
its side of the IP. If and when the parties choose to
interconnect at a mid-span meet, CLEC and Sprint will jointly
provision the facilities that connect the two networks.
Sprint will be required to provide fifty (50) percent of the
facilities or to its exchange boundary, whichever is less.
CLEC will be required to provide fifty (50) percent of the
facilities or to Sprint's exchange boundary, whichever is
greater.
SECTION 2. COMPENSATION MECHANISMS
2.1 Interconnection Point
2.1.1 Each party is responsible for bringing their
facilities to the IP.
2.2 Compensation for Local Traffic Transport and Termination
2.2.2 The IP determines the point at which the originating
carrier shall pay the terminating carrier for the completion
of that traffic. The following compensation elements shall
apply:
2.2.2.1 "Transport", which includes the two rate
elements of transmission and any necessary tandem
switching of Local Traffic from the
interconnection point between the two carriers to
the terminating carrier's end-office switch that
directly serves the called end-user.
2.2.2.2 "Termination", which includes the
switching of Local Traffic at the terminating
carrier's end office switch.
2.3 When a CLEC subscriber places a call to Sprint's
subscriber, CLEC will hand off that call to Sprint at the IP.
Conversely, when Sprint hands over Local Traffic to CLEC for
CLEC to transport and terminate, Sprint may use the
established IP or Sprint may designate its own IP.
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2.4 CLEC and Sprint may designate an IP at any
technically feasible point including but not limited to any
electronic or manual cross-connect points, collocations,
entrance facilities, and mid-span meets. The transport and
termination charges for Local Traffic flowing through an IP
shall be as follows:
2.4.1 When calls from CLEC are terminating on Sprint's
network through the Sprint tandem switch, CLEC will pay
Sprint for transport charges from the IP to the tandem for
dedicated transport. CLEC shall also pay a charge for
tandem switching, or common transport to the end office, and
end-office termination.
2.4.2 When Sprint terminates calls to CLEC's subscribers
using CLEC's switch, Sprint shall pay CLEC for transport
charges from the IP to the CLEC switching center for
dedicated transport. Sprint shall also pay to CLEC a charge
symmetrical to its own charges for the functionality actually
provided by CLEC for call termination.
2.4.3 CLEC may choose to establish direct trunking to any
given end office. If CLEC leases trunks from Sprint, it
shall pay charges for dedicated transport. For calls
terminating from CLEC to subscribers served by these
directly-trunked end offices, CLEC shall also pay an
end-office termination. For Sprint traffic terminating to
CLEC over the direct end office trunking, compensation
payable by Sprint shall be the same as that detailed in
Section 2.4.2 above.
SECTION 3. SIGNALING
3.1 Signaling protocol. The parties will interconnect their
networks using SS7 signaling where technically feasible and
available as defined in FR 905 Bellcore Standards including ISDN
user part ("ISUP") for trunk signaling and transaction capabilities
application part ("TCAP") for CCS-based features in the
interconnection of their networks. All Network Operations Forum
(NOF) adopted standards shall be adhered to.
3.2 Refer to Attachment III, Section 10 for detailed terms of SS7
Network Interconnection.
3.3 Standard interconnection facilities shall be extended
superframe (ESF) with B8ZS line code. Where ESF/B8ZS is not
available, CLEC will agree to using other interconnection protocols
on an interim basis until the standard ESF/B8ZS is available.
Sprint will provide anticipated dates of availability for those
areas not currently ESF/B8ZS compatible.
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3.3.1 Where CLEC is unwilling to utilize an alternate
interconnection protocol, CLEC will provide Sprint an initial
forecast of 64 Kbps clear channel capability ("64K CCC")
trunk quantities within 30 days of the Approval Date
consistent with the forecasting agreements between the
parties. Upon receipt of this forecast, the parties will
begin joint planning for the engineering, procurement, and
installation of the segregated 64K CCC Local Interconnection
Trunk Groups, and the associated B8ZS extended super frame
("ESF") facilities, for the sole purpose of transmitting 64K
CCC data calls between CLEC and Sprint. Where additional
equipment is required, such equipment would be obtained,
engineered, and installed on the same basis and with the same
intervals as any similar growth job for IXC, CLEC, or Sprint
internal customer demand for 64K CCC trunks. Where
technically feasible, these trunks will be established as
two-way.
SECTION 4. NETWORK SERVICING
4.1 Trunk Forecasting:
4.1.1 The Parties shall work towards the development of joint
forecasting responsibilities for traffic utilization over
trunk groups. Orders for trunks that exceed forecasted
quantities for forecasted locations will be accommodated as
facilities and or equipment are available. The Parties
shall make all reasonable efforts and cooperate in good faith
to develop alternative solutions to accommodate orders when
facilities are not available. Intercompany forecast
information must be provided by the Parties to each other
once a year. The annual forecasts shall include:
4.1.1.1 Yearly forecasted trunk quantities (which
include baseline data that reflect actual tandem
and end office Local Interconnection and meet
point trunks and tandem-subtending Local
Interconnection end office equivalent trunk
requirements for no more than two years (current
plus one year);
4.1.1.2 The use of Common Language Location
Identifier (CLLI-MSG), which are described in
Bellcore documents BR 000-000-000 and BR
000-000-000;
4.1.1.3 Description of major network projects
that affect the other Party will be provided in
the semi-annual forecasts. Major network
projects include but are not limited to trunking
or network rearrangements, shifts in anticipated
traffic
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patterns, or other activities by either party
that are reflected by a significant increase or
decrease in trunking demand for the following
forecasting period.
4.1.2 Parties shall meet to review and reconcile their
forecasts if forecasts vary significantly.
4.1.3 Each Party shall provide a specified point of contact
for planning forecasting and trunk servicing purposes.
4.1.4 Trunking can be established to tandems or end offices
or a combination of both via either one-way or two-way
trunks. Trunking will be at the XX-0 xxxxx, XX-0 xxxxx,
XX-0/XX-0 level, or higher, as agreed upon by CLEC and
Sprint. Initial trunking will be established between the
CLEC switching centers and Sprint's access tandem(s). The
Parties may utilize direct end office trunking depending upon
tandem exhaust, traffic volumes, or by mutual agreement.
4.2 Grade of Service
4.2.1 A blocking standard of one percent (.01 ) during the
average busy hour, as defined by each Party's standards, for
final trunk groups between a CLEC end office and a Sprint
access tandem carrying meet point traffic shall be
maintained. All other final trunk groups are to be
engineered with a blocking standard of one percent (.01).
Direct end office trunk groups are to be engineered with a
blocking standard of one percent (.01).
4.3 Trunk Servicing
4.3.1 Orders between the Parties to establish, add, change or
disconnect trunks shall be processed by use of an ASR, or
another industry standard eventually adopted to replace the
ASR for local service ordering.
SECTION 5. NETWORK MANAGEMENT
5.1 Protective Protocols
5.1.1 Either Party may use protective network traffic
management controls such as 7-digit and 10-digit code
gaps on traffic toward each others network, when
required to protect the public switched network from
congestion due to facility failures, switch congestion
or failure or focused overload. CLEC and Sprint will
immediately
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notify each other of any protective control action
planned or executed.
5.2 Expansive Protocols
5.2.1 Where the capability exists, originating or terminating
traffic reroutes may be implemented by either party to
temporarily relieve network congestion due to facility
failures or abnormal calling patterns. Reroutes will not be
used to circumvent normal trunk servicing. Expansive
controls will only be used when mutually agreed to by the
parties.
5.3 Mass Calling
5.3.1 CLEC and Sprint shall cooperate and share pre-planning
information, where available, regarding cross-network
call-ins expected to generate large or focused temporary
increases in call volumes, to prevent or mitigate the impact
of these events on the public switched network.
SECTION 6. USAGE MEASUREMENT
6.1 Each Party shall calculate terminating
interconnection minutes of use based on standard AMA
recordings made within each Party's network, these recordings
being necessary for each Party to generate bills to the other
Party. In the event either Party cannot measure minutes
terminating on its network, the other Party shall provide the
measuring mechanism or the Parties shall otherwise agree on an
alternate arrangement.
6.2 Measurement of minutes of use over Local
Interconnection trunk groups shall be in actual conversation
seconds. The total conversation seconds over each individual
Local Interconnection trunk group will be totaled for the
entire monthly xxxx period and then rounded to the next whole
minute.
6.3 Each Party shall provide to the other, within 20
business days after the end of each quarter (commencing with
the first full quarter after the effective date of this
Agreement), a usage report with the following information
regarding traffic sent by the recording Party over the Local
Interconnection trunk groups whether the arrangement is direct
interconnection or transit through a third party:
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6.3.1 Total traffic volume described in terms of minutes and
messages and by call type (local, toll, and other) terminated
to each other over the Local Interconnection trunk groups,
and
6.3.2.Percent Local Use (PLU)
SECTION 7. RESPONSIBILITIES OF THE PARTIES
7.1 Sprint and CLEC agree to treat each other fairly,
nondiscriminatorily, and equally for all items included in
this Agreement, or related to the support of items included in
this Agreement.
7.2 CLEC and Sprint will review engineering
requirements on a semi-annual basis and establish forecasts
for trunk and facilities utilization provided under this
Agreement. Sprint and CLEC will work together to begin
providing these forecasts within 30 days from the Approval
Date. New trunk groups will be implemented as dictated by
engineering requirements for either Sprint or CLEC.
7.3 CLEC and Sprint shall share responsibility for
all Control Office functions for Local Interconnection Trunks
and Trunk Groups, and both parties shall share the overall
coordination, installation, and maintenance responsibilities
for these trunks and trunk groups.
7.4 CLEC is responsible for all Control Office
functions for the meet point trunking arrangement trunks and
trunk groups, and shall be responsible for the overall
coordination, installation, and maintenance responsibilities
for these trunks and trunk groups.
7.5 CLEC and Sprint shall:
7.5.1 Provide trained personnel with adequate and compatible
test equipment to work with each other's technicians.
7.5.2 Notify each other when there is any change affecting
the service requested, including the due date.
7.5.3 Coordinate and schedule testing activities of their own
personnel, and others as applicable, to ensure its
interconnection trunks/trunk groups are installed per the
interconnection order, meet agreed-upon acceptance test
requirements, and are placed in service by the due date.
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7.5.4 Perform sectionalization to determine if a trouble is
located in its facility or its portion of the interconnection
trunks prior to referring the trouble to each other.
7.5.5 Advise each other's Control Office if there is an
equipment failure which may affect the interconnection
trunks.
7.5.6 Provide each other with a trouble reporting/repair
contact number that is readily accessible and available 24
hours/7 days a week. Any changes to this contact
arrangement must be immediately provided to the other party.
7.5.7 Provide to each other test-line numbers and access to
test lines.
7.5.8 Cooperatively plan and implement coordinated repair
procedures for the meet point and Local Interconnection
trunks and facilities to ensure trouble reports are resolved
in a timely and appropriate manner.
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PART C - ATTACHMENT V
COLLOCATION
SECTION 1. INTRODUCTION
This Attachment sets forth the requirements for Collocation.
SECTION 2. TECHNICAL REQUIREMENTS
2.1 Sprint shall provide space, as requested by CLEC, to meet
CLEC's needs for placement of equipment, interconnection, or
provision of service ("Collocated Space") in accordance with this
Attachment V and Sprint's FCC #1 tariff and United Telephone
Company of Missouri tariff.
2.1.1 CLEC shall not occupy or use the Collocated Space, or
permit the Collocated Space to be occupied or used, for any
purpose, act or thing, whether or not otherwise permitted by
this Agreement, if such purpose, act or thing (i) is in
violation of any public law, ordinance or governmental
regulation; (ii) may be dangerous to persons or property;
(iii) may invalidate or increase the amount of premiums
beyond such increase as results from the contemplated
occupancy for any insurance policy carried on the building or
covering its operation; or (iv) violates the terms of this
Agreement.
2.2 Sprint shall provide intraoffice facilities (e.g., DS0, XX-0,
XX-0,-xxx other available transmission speeds) as agreed to by CLEC
and Sprint to meet CLEC's need for placement of equipment,
interconnection, or provision of service.
2.3 Sprint agrees to allow CLEC's employees and designated agents
unrestricted but escorted access to CLEC dedicated space in manned
Sprint offices twenty-four (24) hours per day each day of the week.
CLEC shall use reasonable efforts to provide Sprint twenty-four
(24) hours prior notice of such access. Sprint may place
reasonable security restrictions, including an escort requirement
and charge for such escort, on access by CLEC's employees and
designated agents to the Collocated Space in unmanned Sprint
offices. Notwithstanding the above, Sprint agrees that such space
shall be available to CLEC's employees and designated agents
twenty-four (24) hours per day each day of the week upon
twenty-four (24) hours prior notice. In no case should any
reasonable security restrictions be more restrictive than those
Sprint places on their own
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personnel, except with respect to an escort requirement as set
forth above.
2.4 CLEC may collocate the amount and type of equipment it deems
necessary in its Collocated Space in accordance with FCC Rules and
Regulations and Sprint's FCC #1 tariff and United Telephone Company
of Missouri tariff. Such equipment shall meet Bellcore
specifications and be manufactured by a Sprint approved vendor.
Approved vendors will, at a minimum, be vendors Sprint currently
approves for its own use. Sprint will approve additional vendors
provided they meet industry standards.
2.5 Sprint shall permit a collocating telecommunications carrier to
interconnect its network with that of another collocating
telecommunications carrier at the Sprint premises and to connect
its collocated equipment to the collocated equipment of another
telecommunications carrier within the same premises. Sprint in
all cases shall provide such interconnections.
2.6 Sprint shall permit CLEC or its designated subcontractor to
perform the construction of physical collocation arrangements,
provided, however, that any such CLEC subcontractor shall be
subject to Sprint's approval, such approval shall not be
unreasonably withheld. Approval by Sprint shall be based on the
same criteria it uses in approving contractors for its own
purposes.
2.7 CLEC shall not make substantial installations, alterations or
additions in or to the Collocated Space without submitting plans
and specifications to Sprint and securing the prior written consent
of Sprint in each instance. Sprint's consent shall not be
unreasonably withheld or unduly delayed for non-structural interior
alteration to the Collocated Space that do not adversely affect the
building's appearance, value, structural strength and mechanical
integrity. Such work shall be done at the sole expense of CLEC.
2.7.1 All installations, alterations and additions shall be
constructed in a good and workmanlike manner and only new and
good grades of material shall be used, and shall comply with
all insurance requirements, governmental requirements, and
terms of this Agreement. Work shall be performed at such
times and in such manner as to cause a minimum of
interference with Sprint's transaction of business. CLEC
shall permit Sprint to inspect all construction operations
within the premises and to approve contractors, which
approval shall not be unreasonably withheld. If alterations
are made by CLEC's contractors, CLEC shall furnish to Sprint
prior to commencement thereof, building permits and
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certificates of insurance to be provided by CLEC's
contractors and sub-contractors. Any such insurance to be
provided by CLEC's contractors or sub-contractors shall
provide for coverage in amounts not less than as required by
Sprint of CLEC under Section 2.45 of this Attachment V.
Upon completion of any installation, alteration or addition,
contractor's affidavits and full and final waivers of lien
covering all labor and material expended and used shall be
furnished to Sprint. CLEC and its contractors and
subcontractors shall hold Sprint harmless from all claims,
costs, damages, liens and expenses which may arise out of or
be connected in any way with installations, alterations or
additions.
2.7.2 All installations, alterations and additions which take
the form of fixtures, except trade fixtures, placed in the
Collocated Space by and at the expense of CLEC or others
shall become the property of Sprint, and shall remain upon
and be surrendered with the Collocated Space. Upon
termination of a license for Collocated Space, however,
Sprint shall have the right to require CLEC to remove such
fixtures and installations, alterations or additions at
CLEC's expense, and to surrender the Collocated Space in the
same condition as it was prior to the making of any or all
such improvements, reasonable wear and tear excepted.
2.7.3 All fixtures and other equipment to be used by CLEC in,
about or upon the premises shall be subject to the prior
written approval of Sprint, which shall not be unreasonably
withheld.
2.8 Sprint shall provide basic telephone service with a connection
xxxx as ordered by CLEC from Sprint for the Collocated Space.
Upon CLEC's request, this service shall be available at the
Collocated Space on the day that the space is turned over to CLEC
by Sprint.
2.9 Sprint shall provide adequate lighting, ventilation, power,
heat, air conditioning, and other environmental conditions for
CLEC's space and equipment. These environmental conditions shall
adhere to Bellcore Network Equipment Building System (NEBS)
standards TR-EOP-000063 or other mutually agreed standards.
2.9.1 If CLEC locates equipment or facilities in the
Collocated Space which Sprint determines affect the
temperature or other environmental conditions otherwise
maintained by Sprint in the building, Sprint reserves the
right to provide and install supplementary air conditioning
units or other environmental control devices for the
Collocated Space, and the cost of providing, installing,
operating and maintaining any such supplementary air
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conditioning units or other environmental control devices
made necessary solely by CLEC's equipment or facilities shall
be paid by CLEC to Sprint.
2.9.2 If CLEC's equipment or facilities requires cooling
capability in excess of that normally provided by Sprint for
its own equipment, any required supplementary air
conditioning required by CLEC shall be paid by CLEC to
Sprint.
2.10 Where available and subject to Sprint's standard security
procedures, Sprint shall provide access to eyewash stations, shower
stations, bathrooms, and drinking water within the collocated
facility on a twenty-four (24) hours per day, seven (7) days per
week basis for CLEC personnel and its designated agents.
2.11 Sprint shall provide all ingress and egress of fiber and power
cabling to Collocated Spaces. CLEC's specific diversity
requirements for each site or Network Element will be provided in
the collocation request.
2.12 Each party shall ensure protection of the other party's
proprietary subscriber information. In conjunction with any
collocation arrangement Sprint and CLEC shall adhere to the
provisions of Section 13 of Part A of this Agreement.
2.13 Sprint shall participate in and adhere to negotiated and
agreed to service guarantees and Performance Standards, if any.
2.14 Sprint shall provide CLEC with written notice five (5)
business days prior to those instances where Sprint or its
subcontractors may be performing work in the general area of the
Collocated Space, or in the general area of the AC and DC power
plants which support CLEC equipment. Sprint will inform CLEC by
telephone of any emergency related activity that Sprint or its
subcontractors may be performing in the general area of the
Collocated Space, or in the general area of the AC and DC power
plants which support CLEC equipment. Notification of any
emergency related activity shall be made immediately prior to the
start of the activity so that CLEC can take any action required to
monitor or protect its service.
2.15 Sprint shall, at its sole expense, except as hereinafter
provided, provide repair and maintenance of heating, cooling and
lighting equipment and regularly scheduled refurbishments or
decorating to the Collocated Space, building and property, in a
manner consistent with Sprint's normal business practices.
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2.15.1 Sprint shall, where practical, provide CLEC with 24
hours prior notice before making repairs and/or performing
maintenance on the Collocated Space; provided, however, that
Sprint shall have no obligation to provide such notice if
Sprint determines, in the exercise of its sole discretion,
that such repair or maintenance must be done sooner in order
to preserve the safety of the building or the Collocated
Space, or if required to do so by any court or governmental
authority. Work shall be completed during normal working
hours or at other times identified by Sprint; provided,
however, that CLEC shall pay Sprint for overtime and for any
other expenses incurred if such work is done during other
than normal working hours at CLEC's request. CLEC shall have
the right, at its sole expense, to be present during repair
or maintenance of the Collocated Space.
2.16 CLEC shall provide Sprint with written notice five (5)
business days prior to those instances where CLEC or its
subcontractors may be performing work in the general area of the
Collocated Space, or in the general area of the AC and DC power
plants which support Sprint equipment. CLEC will inform Sprint by
telephone of any emergency related activity that CLEC or its
subcontractors may be performing in the general area of the
Collocated Space, or in the general area of the AC and DC power
plants which support Sprint equipment. Notification of any
emergency related activity shall be made immediately prior to the
start of the activity so that Sprint can take any action required
to monitor or protect its service.
2.17 To the extent Sprint performs the construction of the physical
collocation arrangement, Sprint shall construct the Collocated
Space in compliance with mutually agreed collocation request. Any
deviation to CLEC's order must thereafter be approved by CLEC.
2.18 CLEC and Sprint will complete an acceptance walk through of
those portions of the collocation arrangement provided by Sprint.
Exceptions that are noted during this acceptance walk through shall
be corrected by Sprint within five (5) business days after the walk
through except where circumstances reasonably warrant additional
time. In such event, subject to CLEC's consent, which shall not
be unreasonably withheld, Sprint shall be given additional time.
The correction of these exceptions from the original collocation
request shall be at Sprint's expense.
2.19 Sprint shall provide detailed Telephone Equipment drawings
depicting the exact location, type, and cable termination
requirements (i.e., connector type, number and type of pairs, and
naming convention)
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for Sprint Point of Termination Bay(s) to CLEC within ten (10)
business days of acceptance of CLEC's request for Collocated Space.
2.20 Sprint shall provide detailed drawings depicting the exact
path, with dimensions, for CLEC Outside Plant Fiber ingress and
egress into Collocated Space within ten (10) business days of the
acceptance of CLEC's request for Collocated Space.
2.21 Sprint shall provide detailed power cabling connectivity
information including the sizes and number of power feeders to CLEC
within ten (10) business days of the acceptance of CLEC's request
for Collocated Space.
2.22 To the extent Sprint performs the construction of the physical
collocation arrangement, Sprint shall provide positive confirmation
to CLEC when construction of Collocated Space is 50% completed.
This confirmation shall also include confirmation of the scheduled
completion and turnover dates.
2.23 Sprint shall provide the following information to CLEC within
ten (10) business days of receipt of a written request from CLEC:
2.23.1 Work restriction guidelines.
2.23.2 Sprint or Industry technical publication guidelines
that impact the design of Sprint collocated equipment.
2.23.3 Sprint contacts (names and telephone numbers) for the
following areas:
Engineering
Physical & Logical Security
Provisioning
Billing (Related to Collocation Services)
Operations
Site and Building Managers
Environmental and Safety
2.23.4 Escalation process for the Sprint employees (names,
telephone numbers and the escalation order) for any disputes
or problems that might arise pursuant to CLEC's collocation.
2.24 Power as referenced in this document refers to any electrical
power source supplied by Sprint for CLEC equipment. It includes
all superstructure, infrastructure, and overhead facilities,
including, but not limited to, cable, cable racks and bus bars.
Sprint will supply power to
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support CLEC equipment at equipment specific DC and AC voltages.
At a minimum, Sprint shall supply power to CLEC at parity with that
provided by Sprint to itself or to any third party. If Sprint
performance, availability, or restoration falls below industry
standards, Sprint shall bring itself into compliance with such
industry standards as soon as technologically feasible.
2.24.1 Central office power supplied by Sprint into the CLEC
equipment area, shall be supplied in the form of power
feeders (cables) on cable racking into the designated CLEC
equipment area. The power feeders (cables) shall
efficiently and economically support the requested quantity
and capacity of CLEC equipment. The termination location
shall be as requested by CLEC.
2.24.2 Sprint shall provide power as requested by CLEC to
meet CLEC's need for placement of equipment, interconnection,
or provision of service.
2.24.3 Sprint power equipment supporting CLEC's equipment
shall:
2.24.3.1 Comply with applicable industry standards
(e.g., Bellcore, NEBS and IEEE) or manufacturer's
equipment power requirement specifications for
equipment installation, cabling practices, and physical
equipment layout or at minimum, at parity with that
provided for similar Sprint equipment;
2.24.3.2 Have redundant power feeds with physical
diversity and battery back-up as required by the
equipment manufacturer's specifications for CLEC
equipment, or, at minimum, at parity with that provided
for similar Sprint equipment;
2.24.3.3 Provide, upon CLEC's request, the capability
for real time access to power performance monitoring
and alarm data that impacts (or potentially may impact)
CLEC traffic;
2.24.3.4 Provide central office ground, connected to a
ground electrode located within the Collocated Space,
at a level above the top of CLEC equipment plus or
minus 2 feet to the left or right of CLEC's final
request; and
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2.24.3.5 Provide feeder cable capacity and quantity to
support the ultimate equipment layout for CLEC
equipment in accordance with CLEC's collocation
request.
2.24.3.6 To the extent Sprint performs the construction
of physical collocation arrangements, Sprint shall,
within ten (10) business days of CLEC's request:
2.24.3.6.1 The standard prices for
collocation are as set forth in Sprint's
tariffs, and nonstandard charges shall be
negotiated between the parties.
2.24.3.6.2 Provide an installation schedule
and access that will allow Sprint and CLEC
installation efforts in parallel without
jeopardizing either party's personnel
safety or existing services;
2.24.3.6.3 Provide information on existing
power plant alarms that adhere to Bellcore
Network Equipment Building System (NEBS)
standards TREOP-000063;
2.24.3.7 Sprint shall provide cabling that adheres to
Bellcore Network Equipment Building System (NEBS)
standards TR-EOP-000063; 2.24.3.8 Sprint shall provide
Lock Out-Tag Out and other electrical safety procedures
and devices in conformance with the most stringent of
OSHA or industry guidelines.
2.24.3 Sprint will provide CLEC with written notification
within ten (10) business days of any scheduled AC or DC power
work or related activity in the collocated facility that will
or might cause an outage or any type of power disruption to
CLEC equipment located in Sprint facility. Sprint shall
provide CLEC immediate notification by telephone of any
emergency power activity that would impact CLEC equipment.
2.24.4 CLEC will provide Sprint with written notification
within ten (10) business days of any scheduled AC or DC power
work or related activity in the collocated facility that will
or might cause an outage or any type of power disruption to
Sprint equipment located in CLEC facility. CLEC shall
provide Sprint immediate notification by telephone of any
emergency power activity that would impact Sprint equipment.
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2.25 To the extent that space for virtual collocation is available,
Sprint shall provide virtual collocation where physical collocation
is not practical for technical reasons or because of space
limitations. Sprint shall take collocator demand into account
when renovating existing facilities and constructing or leasing new
facilities.
2.26 Where collocation space and associated requirements are
available, intervals for physical collocation shall be a maximum of
three months from the requested date, subject to additional time
for asbestos removal or extraordinary construction as mutually
agreed upon by CLEC and Sprint. Virtual collocations will have a
maximum interval of 2 months.
2.27 CLEC may choose to lease unbundled transport from the Sprint,
or from a third carrier, rather than construct to the Sprint
facility where equipment will be collocated.
2.28 Sprint will maintain, at CLEC's expense, CLEC's virtually
collocated equipment in a manner equal to that with which it
maintains its own equipment. Maintenance includes the change out
of electronic cards provided by CLEC and per CLEC's request.
2.29 As part of the license granted in Section 4 herein, CLEC, its
employees, agents and invitees shall have a non-exclusive right to
use those portions of the common area of the building as are
designated by Sprint from time to time, including, but not limited
to, the right to use rest rooms in proximity to the Collocated
Space, corridors and other access ways from the entrance to the
building, the Collocated Space, and the parking areas adjacent to
the building for vehicles of persons while working for or on behalf
of CLEC at the Collocated Space; provided, however, that Sprint
shall have the right to reserve parking spaces for Sprint's
exclusive use or by other occupants of the building. Sprint does
not guarantee that there is or will be sufficient parking spaces in
parking areas to meet CLEC's needs. All common areas shall remain
under the exclusive control and management of Sprint, and Sprint
shall have the right to change the level, location and arrangement
of parking areas and other common areas as Sprint may deem
necessary. Use of all common areas shall be subject to such
reasonable rules and regulations as Sprint may from time to time
impose, such as those set forth in Section 2.3 of this Attachment
V.
2.30 Where available, Sprint shall furnish passenger elevator
service as necessary to reach the Collocated Space or common areas
to which CLEC has access pursuant to the terms of this Attachment V
24 hours a day, seven days a week. Where available, freight
elevator service when
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used by CLEC's contractors, employees or agents shall be provided
at times reasonably satisfactory to Sprint.
2.31 CLEC shall regularly inspect the Collocated Space to ensure
that the Collocated Space is in good working condition. CLEC
shall promptly notify Sprint of any damage to the Collocated Space
or of the need to perform any repair or maintenance of the
Collocated Space, fixtures and appurtenances (including hardware,
heating, cooling, ventilating, electrical and other mechanical
facilities in the Collocated Space). CLEC shall keep the
Collocated Space clean and trash free.
2.31.1 The cost of all repairs and maintenance performed by
or on behalf of Sprint to the Collocation Space or building
which are, in Sprint's reasonable judgment, beyond normal
repair and maintenance, or are made necessary as a result of
misuse or neglect by CLEC or CLEC's employees, invitees, or
agents, shall be paid by CLEC to Sprint within 10 days after
being billed for such repairs and maintenance by Sprint.
2.32 CLEC shall, with the prior written consent of Sprint, have the
right to provide additional fire protection systems within the
Collocated Space; provided, however, that CLEC may not install or
use sprinklers or carbon dioxide fire suppression systems within
the building or the Collocated Space. If any governmental bureau,
department or organization or Sprint's insurance carrier requires
that changes, modifications, or alterations be made to the fire
protection system, or that additional stand alone fire
extinguishing, detection or protection devices be supplied within
the Collocated Space, such changes, modifications or additions
shall be made by CLEC at it's expense, following review and
approval by Sprint prior to any work being done. If any
governmental bureau, department or organization or Sprint's
insurance carrier requires that changes or modifications be made to
the fire protection system or that additional stand alone fire
extinguishing, detection or protection devices be supplied within
that portion of the building in which the Collocated Space of
CLEC's in general are located, such changes, modifications, or
additions shall be made by Sprint and CLEC shall reimburse Sprint
for the cost thereof in the same proportion as the square footage
of the Collocated Space as compared to the total square footage of
the affected portion of the building.
2.33 CLEC, its employees, agents, contractors, and business
invitees shall (i) comply with all rules and regulations which
Sprint may from time to time adopt for the safety, environmental
protection, care, cleanliness and/or preservation of the good order
of the building, the property and the Collocated Space and its
tenants and occupants, and (ii) comply, at its
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own expense, with all ordinances which are applicable to the
Collocated Space and with all lawful orders and requirements of any
regulatory or law enforcement agency requiring the correction,
prevention and abatement of nuisances in or upon the Collocated
Space during the term of this Agreement or any extension hereof.
2.34 CLEC shall not cut or drill into, drive nails or screws into,
install conduit or wires, or in any way deface any part of the
Collocated Space or the building, outside or inside, without the
prior written consent of Sprint. If CLEC desires signal,
communications, alarm or other utility or service connections
installed or changed, the same shall be made by and at the expense
of CLEC. Sprint shall have the right of prior approval of such
utility or service connections, and shall direct where and how all
connections and wiring for such service shall be introduced and
run. In all cases, in order to maintain the integrity of the
halon space for proper halon concentration, and to ensure
compliance with Sprint's fireproofing policy, any penetrations by
CLEC, whether in the Collocated Space, the building or otherwise,
shall be sealed as quickly as possible by CLEC with Sprint-approved
fire barrier sealants, or by Sprint at CLEC's cost.
2.35 CLEC shall not exceed the uniformly distributed live load
capacity.
2.36 CLEC equipment within the Collocated Space shall be connected
to Sprint's grounding system.
2.37 CLEC shall post in a prominent location visible from the
common building area, the telephone numbers of emergency contact
personnel for 24 hour emergency use by Sprint. CLEC will promptly
update this information as changes occur.
2.38 CLEC shall not paint, display, inscribe or affix any sign,
trademark, picture, advertising, notice, lettering or direction on
any part of the outside or inside of the Sprint location, or on the
Collocated Space, without the prior written consent of Sprint.
2.39 CLEC shall not use the name of the Sprint building or Sprint
for any purpose other than that of the business address of CLEC, or
use any picture or likeness of the Sprint building on any
letterhead, envelope, circular, notice or advertisement, without
the prior written consent of Sprint.
2.40 CLEC shall not exhibit, sell or offer for sale, rent or
exchange in the Collocated Space or on the Sprint property any
article, thing or service except those ordinarily embraced within
the use of the Collocated Space specified in this Attachment V,
without the prior written consent of Sprint.
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2.41 CLEC shall not place anything or allow anything to be placed
near the glass of any door, partition or window which Sprint
determines is unsightly from outside the Collocated Space; take or
permit to be taken in or out of other entrances of the Sprint
building, or take or permit to be taken on any passenger elevators,
any item normally taken through service entrances or elevators; or
whether temporarily, or accidentally, or otherwise, allow anything
to remain in, place, or store anything in, or obstruct in any way,
any passageway, exit, stairway, elevator, or shipping platform.
CLEC shall lend its full cooperation to keep such areas free from
all obstruction and in a clean and sightly condition, move all
supplies, furniture and equipment directly to the Collocated Space
as soon as received, and move all such items and waste, other than
waste customarily removed by employees of the building.
2.42 CLEC shall not do or permit anything to be done upon the
premises, or bring or keep anything thereon which is in violation
of any federal, state or local laws or regulations (including
environmental laws or regulations not previously described), or any
rules, regulations or requirements of the local fire department,
Fire Insurance Rating Organization, or any other similar authority
having jurisdiction over the building. CLEC shall not do or
permit anything to be done upon the premises which may in any way
create a nuisance, disturb, endanger, or otherwise interfere with
the Telecommunications Services of Sprint, any other occupant of
the building, their patrons or customers, or the occupants of
neighboring property, or injure the reputation of the property.
2.42.1 CLEC shall not, without the prior written consent of
Sprint: (i) install or operate any lead-acid batteries,
refrigerating, heating or air conditioning apparatus or carry
on any mechanical business in the premises; (ii) use the
premises for housing, lodging, or sleeping purposes; (iii)
permit preparation or warming of food, presence of cooking or
vending equipment, sale of food or smoking in the premises;
or (iv) permit the use of any fermented, intoxicating or
alcoholic liquors or substances in the premises or permit the
presence of any animals except those used by the visually
impaired. Sprint may, in its sole discretion, withhold such
consent, or impose any condition in granting it, and revoke
its consent at will.
2.43 Sprint reserves the right to stop any service when Sprint
deems such stoppage necessary by reason of accident or emergency,
or for repairs improvements or otherwise; however, Sprint agrees to
use its best efforts not to interfere with CLEC's use of the
Collocation Space. Sprint does not warrant that any service will
be free from interruptions caused by
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labor controversies, accidents, inability to obtain fuel, water or
supplies, governmental regulations, or other causes beyond the
reasonable control of Sprint.
2.43.1 No such interruption of service shall be deemed an
eviction or disturbance of CLEC's use of the Collocation
Space or any part thereof, or render Sprint liable to CLEC
for damages, by abatement of collocation charges, except as
set forth in the tariff, or relieve CLEC from performance of
its obligations under this Agreement. CLEC hereby waives
and releases all other claims against Sprint for damages for
interruption or stoppage of service.
2.43.2 Sprint shall have the right to reduce heat, light,
water and power as required by any mandatory or voluntary
conservation programs.
2.44 Sprint shall have the following rights, and others not
specifically excluded in this Agreement, exercisable without notice
and without liability to CLEC for damage or injury to property,
person or business (all claims for damage being hereby released),
and without effecting an eviction or disturbance of CLEC's use or
possession or giving rise to any claim for offsets, or abatement of
rent:
2.44.1 To change the name or street address of the building;
2.44.2 To install and maintain signs on the exterior and
interior of the building or anywhere on the property;
2.44.3 To designate all sources furnishing sign painting and
lettering, ice, mineral or drinking water, beverages, foods,
towels, vending machines or toilet supplies used or consumed
on the premises;
2.44.4 To use any means Sprint may deem proper to open
Collocation Space doors in an emergency. Entry into the
Collocation Space obtained by Sprint by any such means shall
not be deemed to be forcible or unlawful entry into or a
detainment of or an eviction of CLEC from the Collocation
Space or any portion thereof;
2.44.5 To utilize the space within the building in such a
manner as will best enable it to fulfill its own service
requirements;
2.44.6 At any time, to decorate and to make, at its own
expense, repairs, alterations, additions, and improvements,
structural or
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otherwise, in or to the premises, the property, or any part
thereof (including, without limitation, the permanent or
temporary relocation of any existing facilities such as
parking lots or spaces), and to perform any acts related to
the safety, protection or preservation thereof, and during
such operations to take into and through the premises or any
part of the property all material and equipment required, and
to close or suspend temporarily operation of entrances,
doors, corridors, elevators or other facilities, provided
that Sprint shall limit inconvenience or annoyance to CLEC as
reasonably possible under the circumstances;
2.44.7 To do or permit to be done any work in or about the
Collocation Space or the property or any adjacent or nearby
building, land, street or alley;
2.44.8 To grant to anyone the exclusive right to conduct any
business or render any service on the property, provided such
exclusive right shall not operate to exclude CLEC from the
use expressly permitted by this Agreement;
2.44.9 If it becomes necessary in Sprint's reasonable
judgment, and there are no other reasonable alternatives, to
require CLEC to move to equivalent Collocation Space in the
building upon receipt of sixty (60) days written notice from
Sprint, in which event, Sprint shall pay all moving costs,
and the charges for collocation provided for herein shall
remain the same; and
2.44.10 To designate all spaces occupied by CLEC's
facilities under this Agreement.
2.45 CLEC shall carry insurance, at CLEC's expense, insuring CLEC
and, except for worker's compensation, and showing Sprint as
additional insured and/or loss payee, as its interest may appear.
Such insurance shall contain such terms and conditions, provide
such coverages and exclusions and be written by such companies as
Sprint shall find satisfactory.
2.45.1 As of the date that CLEC begins construction of any
portion of a physical collocation arrangement or as of the
date that CLEC begins to occupy any physical collocation
arrangement under this Agreement, whichever is earlier, CLEC
shall maintain the following coverages in the following
amounts; provided, however, that Sprint retains the right to
require additional and/or different coverages and amounts
during the term of this Agreement:
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2.45.1.1 Commercial general liability, occurrence form,
in limits of not less than $1,000,000 combined single
limit for bodily injury, personal injury and property
damage liability insurance to include coverage for
products/completed operations and explosion, collapse
and underground liability;
2.45.1.2 "All Risk" property insurance on a full
replacement cost basis, insuring CLEC's real and
personal property situated on or within the property.
CLEC may elect to insure business interruption and
contingent business interruption, as it is agreed that
Sprint has no liability for loss of profit or revenues
should an interruption of service occur;
2.45.1.3 Business auto insurance, including all owned,
non-owned and hired automobiles, in an amount of not
less than $1,000,000 combined single limit for bodily
injury and property damage liability;
2.45.1.4 Worker's compensation insurance in accordance
with statutory requirements, and employer's liability
with a minimum amount of $500,000 per accident; and
2.45.1.5 Umbrella or excess liability in an amount not
less than $5,000,000 per occurrence and aggregate to
provide excess limits over all primary liability
coverages.
2.45.2 The limits of the insurance policies obtained by CLEC
as required above shall in no way limit CLEC's liability to
Sprint should CLEC be liable to Sprint under the terms of
this Agreement or otherwise.
2.45.3 CLEC shall furnish to Sprint a certificate or
certificates of insurance, satisfactory in form and content
to Sprint, evidencing that the above coverage is in force and
has been endorsed and to guarantee that the coverage will not
be canceled or materially altered without first giving at
least 30 days prior written notice to Sprint.
2.45.4 All policies required of CLEC shall contain evidence
of the insurer's waiver of the right of subrogation against
Sprint for any insured loss covered thereunder. All
policies of insurance shall be written as primary policies
and not contributing with or in excess of the coverage, if
any, that Sprint may carry. Any other provisions contained
in this Section, this Attachment or this Agreement
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notwithstanding, the amounts of all insurance required to be
obtained by CLEC shall not be less than an amount sufficient
to prevent Sprint from becoming a co-insurer.
2.46 If the premise or a portion thereof sufficient to make the
premises substantially unusable shall be destroyed or rendered
unoccupiable by fire or other casualty, Sprint may, at its option,
restore the premises to its previous condition A license granted
under this Attachment shall not terminate unless, within 90 days
after the occurrence of such casualty, Sprint notifies CLEC of its
election to terminate said license. If Sprint does not elect to
terminate said license, Sprint shall repair the damage to the
premises caused by such casualty.
2.46.1 Notwithstanding any other contrary provision of this
Agreement, if any casualty is the result of any act, omission
or negligence of CLEC, its agents, employees, contractors,
licensees, customers or business invitees, unless Sprint
otherwise elects, a license for Collocation Space shall not
terminate, and, if Sprint elects to make such repairs, CLEC
shall reimburse Sprint for the cost of such repairs, or CLEC
shall repair such damage, including damage to the building
and the area surrounding it, and the charges to be paid to
Sprint by CLEC shall not xxxxx.
2.46.2 If the building shall be damaged by fire or other
casualty to the extent that portions are rendered
unoccupiable, notwithstanding that the Collocation Space may
be directly unaffected, Sprint may, at its election within 90
days of such casualty, terminate a license for Collocation
Space by giving written notice of its intent to terminate
said license. The termination as provided in this paragraph
shall be effective 30 days after the date of the notice.
2.46.3 Notwithstanding any other provision of this Agreement,
Sprint shall not be liable for any repair or restoration
until, and then only to the extent that, insurance proceeds
are received.
2.47 If the property, or any portion thereof which includes a
substantial part of the Collocation Space, shall be taken or
condemned by any competent authority for any public use or purpose,
the term of a Collocation Space license shall end upon, and not
before, the date when the possession of the part so taken shall be
required for such use or purpose. If any condemnation proceeding
shall be instituted in which it is sought to take or damage any
part of the property, or if the grade of any street or alley
adjacent to the property is changed by any competent authority and
such change of grade makes it necessary or desirable to
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remodel the property to conform to the changed grade, Sprint shall
have the right to terminate a Collocation Space license upon not
less than 30 days notice prior to the date of cancellation
designated in the notice. No money or other consideration shall
be payable by Sprint to CLEC for such cancellation, and CLEC shall
have no right to share in the condemnation award or in any judgment
for damages caused by such eminent domain proceedings.
2.48 At the termination of a Collocation Space license by lapse of
time or otherwise:
2.48.1 CLEC shall surrender all keys, access cards and
Sprint-provided photo identification cards to the Collocation
Space and the building to Sprint, and shall make known to
Sprint the combination of all combination locks remaining on
the Collocation Space.
2.48.2 CLEC shall remove its equipment from the Collocation
Space within thirty (30) days.
2.48.3 CLEC shall return to Sprint the Collocation Space and
all equipment and fixtures of Sprint in as good a condition
and state of repair as when CLEC originally took possession,
normal wear and tear or damage by fire or other casualty
excepted. CLEC shall be responsible to Sprint for the cost
of any repairs that shall be made necessary by the acts or
omissions of CLEC or of its agents, employees, contractors or
business invitees. Sprint reserves the right to oversee
CLEC's withdrawal from the Collocation Space and CLEC agrees
to comply with all directives of Sprint regarding the removal
of equipment and restoration of the Collocation Space,
including, without limitation, Sprint's directive to return
the Collocation Space in other than its original condition on
the date of occupancy; provided, however, that CLEC shall not
be responsible for putting the Collocation Space in other
than its original condition if to do so would put CLEC to
additional expense above and beyond that which would be
necessary to return the Collocation Space in its original
condition,
2.48.4 All installations, additions, hardware, non-trade
fixtures and improvements, temporary or permanent, except
movable furniture and equipment belonging to CLEC, in or upon
the Collocation Space, whether placed there by CLEC or
Sprint, shall be Sprint's property and shall remain upon or
in the Collocation Space, all without compensation, allowance
or credit to CLEC; provided, however, that if prior to such
termination or within ten
90
(10) days thereafter, Sprint so directs, CLEC shall promptly
remove the installations, additions, hardware, non-trade
fixtures and improvements, placed in or upon the Collocation
Space by CLEC, failing which Sprint may remove the same, and
CLEC shall, upon demand, pay to Sprint the cost of such
removal and of any necessary restoration of the Collocation
Space. No cable shall be removed from inner duct or outside
cable duct except as directed by Sprint.
2.48.5 All fixtures, installations, and personal property
belonging to CLEC not removed from the Collocation Space upon
termination of a Collocation Space license and not required
by Sprint to have been removed as provided in this Attachment
V, shall be conclusively presumed to have been abandoned by
CLEC and title thereto shall pass to Sprint under this
Attachment V as if by a xxxx of sale.
2.48.6 If the Collocation Space is not surrendered at the
termination of the Collocation Space license, CLEC shall
indemnify Sprint against loss or liability resulting from
delay by CLEC in so surrendering the Collocation Space,
including, without limitation, any claims made by any
succeeding tenant founded on such delay.
2.49 If the owner of the building or Sprint sells, transfers or
assigns any interest in the building, or there is any material
change in the lease to which the building is subject, and such
sale, transfer, assignment or material change in the lease gives
rise to an obligation which is inconsistent with a Collocation
Space license granted under this Attachment V, Sprint's performance
under this Attachment V shall be excused to the extent of the
inconsistency. Sprint hereby agrees that it will use its
reasonable efforts to avoid any such inconsistency; provided,
however, that this obligation shall in no way obligate Sprint to
incur any out of pocket expenses in its efforts to avoid such
inconsistencies.
2.50 A Collocation Space license granted under this Attachment V
shall at all times be subject and subordinate to the lien of any
mortgage (which term shall include all security instruments) that
may be placed on the premises, building or any portion thereof and
CLEC agrees, upon demand, to execute any instrument as may be
required to effectuate such subordination.
SECTION 3. PHYSICAL SECURITY
3.1 Each party shall exercise the same degree of care [but not less
than reasonable] to prevent harm or damage to the other party or
its
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employees, agents or subscribers, or their property. Sprint and
its employees, agents or representatives shall take reasonable and
prudent steps to ensure the adequate protection of CLEC property,
equipment and services including, but not limited to:
3.1.1 Restricting access to CLEC equipment, support
equipment, systems, tools, or spaces which contain or house
CLEC equipment enclosures to CLEC employees and other
authorized non-CLEC personnel to the extent necessary to
perform their specific job function.
3.1.2 CLEC shall provide a written logbook for Sprint's
employees to sign when entering CLEC's physical Collocation
Space which houses or contains CLEC equipment or equipment
enclosures.
3.1.3 When Sprint's employees enter CLEC's physical
Collocation Space, Sprint's employees shall comply at all
times with CLEC security and safety procedures and
requirements, including but not limited to sign-in,
identification, and escort requirements while in CLEC's
physical Collocation Spaces which house or contain CLEC
equipment or equipment enclosures and in compliance with
Appendix___ hereto. In the event any issues or problems
arise under this Section 3.1 the parties agree to negotiate a
reasonable resolution to such issue or problem.
3.1.4 Ensuring that the physical collocation area which
houses CLEC's equipment is adequately secured and monitored
to prevent unauthorized entry to the same extent and at the
same level Sprint provides itself.
3.1.5 Subject to Section 2.3 of this Attachment V, allowing
CLEC to inspect or observe spaces which house or contain CLEC
equipment or equipment enclosures at any time and to furnish
CLEC with all keys, entry codes, lock combinations, or other
materials or information which may be needed to gain entry
into any secured CLEC space.
3.1.6 Limiting the keys used in its keying systems for CLEC's
physical Collocation Spaces which contains or houses CLEC
equipment or equipment enclosures to Sprint employees and
representatives to emergency access only. CLEC shall
further have the right to change locks where deemed necessary
for the protection and security of such spaces.
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3.1.7 Upon CLEC's request, installing security studs in the
hinge plates of doors having exposed hinges with removable
pins if such leads to CLEC's physical Collocation Space which
contains or houses CLEC equipment or equipment enclosures.
3.1.8 Controlling unauthorized access from passenger and
freight elevators by continuous surveillance or by personnel
security escort, installing security partitions, security
grills, locked gates or doors between elevator lobbies and
spaces which contain or house CLEC equipment or equipment
enclosures.
3.1.9 Providing real time notification to designated CLEC
personnel to indicate an actual or attempted security breach.
3.1.10 Subject to the provisions of Sections 2.9, 2.9.1 and
2.9.2 above, ensuring that areas designated to house CLEC
equipment are environmentally appropriate for the CLEC
equipment installation, and adequate to maintain proper
operating conditions for the CLEC equipment.
3.2 Sprint, at CLEC's expense, may issue non-employee photo
identification cards for each CLEC employee or vendor. Temporary
identification cards may otherwise be provided by Sprint for
employees or agents, contractors and invitees of CLEC who may
require occasional access to the Collocated Space.
3.3 Sprint may issue access cards, codes, or keys to CLEC's listed
employees or vendors where such systems are available and their use
by CLEC will not otherwise compromise building security.
3.4 Sprint reserves the right to close and keep locked all entrance
and exit doors of the building during hours Sprint may deem
advisable for the adequate protection of the building.
3.5 CLEC agrees to abide by all of Sprint's security practices for
non-Sprint employees with access to the building, including,
without limitation:
3.5.1 CLEC will supply to Sprint, and update as changes
occur, a list of its employees or approved vendors who
require access to the building. The list will include the
social security numbers of all such individuals.
3.5.2 CLEC is responsible for returning identification and
access cards, codes, or keys of its terminated employees or
its employees who no longer require access to the Collocated
Space. All cards,
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codes, or keys must be returned upon termination of this
Agreement. Unreturned or replacement cards, codes, or keys
may be subject to a reasonable fee at the discretion of
Sprint.
3.5.3 CLEC's employees, agents, invitees and vendors must
display identification cards at all times.
3.5.4 CLEC will assist Sprint in validation and verification
of identification of its employees, agents, invitees and
vendors by providing a telephone contact available 24 hours a
day, seven days a week to verify identification.
3.5.5 Before leaving the Collocated Space unattended, CLEC
shall close and securely lock all doors and windows and shut
off unnecessary equipment in the Collocated Space. Any
damage resulting from CLEC's failure to do so shall be the
responsibility of CLEC.
3.6 CLEC will allow Sprint to access its Collocated Space at all
times, via pass key or otherwise, to allow Sprint to react to
emergencies, to maintain the space (not including CLEC equipment),
and to monitor compliance with the rules and regulations of the
Occupational Health and Safety Administration or Sprint, or other
regulations and standards including but not limited to those
related to fire, safety, health, and environmental safeguards.
Except in emergencies or unless CLEC has waived such notice
elsewhere in this Attachment V, and if conditions permit, Sprint
will provide CLEC with notice of its intent to access the
Collocated Space, thereby providing CLEC the option to be present
at the time of access. CLEC shall not attach, or permit to be
attached, additional locks or similar devices to any door or
window, nor change existing locks or the mechanism thereof.
SECTION 4. LICENSE
Sprint hereby grants CLEC a license to occupy any premises or rack
space which contain collocated equipment, including without limit
all necessary ingress, egress and reasonable use of Sprint's
property, for the Term of the Agreement.
SECTION 5. TECHNICAL REFERENCES
Sprint shall provide collocation in accordance with the following
standards:
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5.1 National Electrical Code (NEC) use latest issue.
5.2 TA-NPL-000286, NEBS Generic Engineering Requirements for System
Assembly and Cable Distribution, Issue 2, (Bellcore, January 1989).
5.3 XX-XXX-000000 Xxxxxxx Equipment Building System (NEBS) Generic
Equipment Requirements, Issue 3, March 1988.
5.4 XX-XXX-000000, Xxxxxxx Requirements for 24-, 48-, 130-, and
140- Volt Central Office Power Plant Rectifiers, Issue 1,
(Bellcore, May 1985).
5.5 XX-XXX-000000, Xxxxxxx Requirements for Lead-Acid Storage
Batteries, Issue 1 (Bellcore, June 1985).
5.6 TR-NWT-000154, Generic Requirements for 24-, 48-, 130, and 140-
Volt Central Office Power Plant Control and Distribution Equipment,
Issue 2, (Bellcore, January 1992).
5.7 TR-NWT-000295, Isolated Ground Planes: Definition and
Application to Telephone Central Offices, Issue 2, (Bellcore, July
1992).
5.8 TR-NWT-000840, Supplier Support Generic Requirements (SSGR), (A
Module of LSSGR, FR-NWT-000064), Issue 1, (Bellcore, December
1991).
5.9 TR-NWT-001275 Central Office Environment Installations/Removal
Generic Requirements, Issue 1, January 1993.
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PART C - ATTACHMENT VI
RIGHTS OF WAY (ROW), CONDUITS, POLE ATTACHMENTS
SECTION 1. INTRODUCTION
This attachment sets forth the requirements for Rights of Way,
Conduits and Pole Attachments.
SECTION 2. DEFINITIONS
2.1 An "anchor" refers to a device, structure, or assembly which
stabilizes a Pole and holds it in place. An anchor assembly may
consist of a rod and fixed object or plate, typically embedded in
the ground, which is attached to a xxx xxxxxx or guy wire, which,
in turn, is attached to the Pole. The term "anchor" does not
include the xxx xxxxxx which connects the anchor to the Pole.
2.2 An "Attachment" is any placement of CLEC's facilities in or on
Sprint's Poles, ducts, conduits, or Right of Way.
2.3 A "conduit" is a tube or protected trough that may be used to
house communication cables. Conduit may be underground or above
ground (for example, inside buildings) and may contain one or more
inner ducts.
2.4 A "conduit system" is any combination of ducts, conduits,
manholes and handholes joined to form an integrated whole.
Conduit systems may pass through or originate in or terminate in
other facilities which may be physically connected to the conduit
system .
2.5 A "duct" is a single enclosed path to house facilities to
provide Telecommunications Services.
2.6 The terms "facility" and "facilities" refers to any property,
equipment, or items owned or controlled by any person or entity.
The terms "facility" and "facilities" include, but are not limited
to, Poles, anchors, Pole hardware, wires, cables, strands,
apparatus enclosures, or any other items attached to a Pole or
attached to hardware affixed to or associated with a Pole; conduit
and conduit systems and wires, cables, optical conductors,
associated hardware, or other equipment located within a Conduit
System. The terms "facility" and "facilities" may also include
property, equipment, and items which do not occupy a conduit system
or which are not attached to a Pole or attached to hardware affixed
to or associated with a Pole.
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2.7 An "inner duct" is one of the single enclosed pathways located
within a duct, or buried separately without the benefit of a
conduit.
2.8 The term "Make Ready Work" refers to all work performed or to
be performed to prepare Sprint's Poles, Ducts, Conduits or other
Right of Way for the requested occupancy or attachment of CLEC's
facilities. "Make ready work" includes, but is not limited to,
clearing obstructions, the rearrangement, transfer, replacement,
and removal of existing facilities on a Pole or in a conduit system
where such work is required solely to accommodate CLEC's
facilities. "Make ready work" may include the repair, or
modification of Sprint's facilities (including, but not limited to,
conduits, ducts, or manholes) or the performance of other work
required to make a Pole, conduit or duct usable for the placement
of CLEC's facilities.
2.9 A "manhole" is a subsurface enclosure that personnel may enter
and use for the purpose of installing, operating, maintaining, and
repairing communications facilities.
2.10 A "handhole" is a subsurface enclosure that is too small for
personnel to enter and is used for the purpose of installing,
operating, maintaining, and repairing communications facilities.
2.11 A "Pole" refers to Sprint Poles and anchors and does not
include poles or anchors with respect to which Sprint has no legal
authority to permit attachments by other persons or entities.
2.12 A "Pole attachment" is the connection of a facility to a Pole.
Some examples of such facilities are mechanical hardware,
grounding and transmission cable, and equipment boxes.
2.13 A "Right of Way" ("ROW") is the right to use the land or other
property of another party to place poles, conduits, cables, or
other structures and equipment, or to provide passage to access
such structures and equipment for the purpose of providing
Telecommunications Services. A ROW may run under, on, or above
public or private property (including air space above public or
private property) and may include the right to use discrete space
in buildings, building complexes, or other locations.
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SECTION 3.REQUIREMENTS
3.1 General
3.1.1 Sprint shall make Poles, ducts, conduits, conduit
systems, and other ROW available to CLEC for Attachments
under the terms and conditions set forth in this Section 3.
3.1.2 Sprint shall provide CLEC equal and non-discriminatory
access to Poles, ducts, conduits, and other ROW, it owns or
controls. Such access shall be provided on terms and
conditions equal to that provided by Sprint to itself or to
any other party consistent with Section 224 of the Act.
Further, Sprint shall not preclude or delay allocation of
these facilities to CLEC because of the potential needs of
itself or of other parties, except for work in progress,
which may be retained for Sprint facilities deployment within
three hundred sixty-five (365) calendar days of the date of
the formal CLEC request.
3.1.3 Each of the parties shall designate to the other, on
the basis of specific operating regions, single points of
contact for negotiating all issues relating to implementation
of this Section 3. The single points of contact shall also
be the contacts for all notices and demands, offers and
acceptances under this Section 3, unless otherwise agreed in
writing by the parties.
3.1.4 Excepting work in progress as described above, and
maintenance and emergency ducts as provided below, all usable
but unassigned space on Poles, or in ducts, conduits, or
other ROW owned or controlled by Sprint shall be available
for the attachments of CLEC, Sprint or other providers of
Telecommunications Services or cable television systems.
Sprint may reserve for emergency and maintenance purposes one
duct in each conduit section of its facility routes. Such
duct shall be equally accessible and available by any party
with facilities in such conduit section to use to maintain
its facilities or to restore them in an emergency.
3.1.5 All CLEC facilities placed in or upon Sprint ROW shall
be clearly tagged or labeled with CLEC ownership
identification so that it may be readily identified by Sprint
or its contractors as CLEC facilities.
3.1.6 Access to Sprint Poles, ducts, conduits or other ROW by
CLEC or its designated personnel or contractors shall be
provided
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on an escorted basis and upon a reasonable request for access
to such Poles, ducts, conduits or other ROW. CLEC shall pay
for one access escort based on an hourly rate of the
appropriate level of escorting personnel as determined by
Sprint, unless Sprint and CLEC have reached agreement that no
escort is necessary, which may be negotiated on a case by
case basis. Such escort service shall be available on a
reasonable basis 24 hours per day.
3.2 Pre-Ordering Disclosure Requirements
3.2.1 CLEC may request information regarding the availability
and conditions of Poles, ducts, conduits and other ROW prior
to the submission of Attachment Requests (as defined below).
Sprint shall provide information regarding the availability
and condition of Sprint's Poles, ducts, conduits or other ROW
for Attachments within fifteen (15) business days of a
request. If it is unable to inform CLEC about availability
and conditions within such fifteen-day interval, Sprint shall
advise CLEC within ten (10) business days after receipt of
CLEC's information request and will seek a mutually
satisfactory time period for Sprint's response, which in no
event shall exceed thirty (30) calendar days. If Sprint's
response requires a field-based survey, CLEC shall have the
option to be present at the field-based survey and Sprint
shall provide CLEC at least two (2) calendar days notice
prior to the start of such field survey. During and after
the field based survey, Sprint shall allow CLEC personnel
(with Sprint escort) to enter manholes and view Pole
structures to inspect such structures in order to confirm
usability or assess the condition of the structure.
3.2.2 Sprint shall make existing route maps of Poles, ducts,
conduits or other Right of Way available to CLEC, at a city
level, at Sprint's facilities within two (2) business days
and if such maps need to be generated, within ten (10)
business days of CLEC's request. Preparation of such maps
requested by CLEC shall be accommodated by Sprint on a
reasonable basis and at CLEC's expense, plus a reasonable
administrative fee. In making these maps and drawings
available, Sprint makes no express or implied warranty as to
the accuracy of these maps and drawings, except that they
reflect the equivalent accuracy and timeliness of information
used by Sprint in its operations.
3.2.3 Sprint shall invoice CLEC an administrative fee equal
to one hundred percent (100%) of the direct cost of providing
maps and drawings, in addition to the direct cost of copying
any requested maps or drawings.
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3.3 Attachment Requests
3.3.1 Sprint agrees to permit CLEC to place CLEC's facilities
on or in Sprint's Poles, ducts, conduits, and other ROW
pursuant to Attachment requests from CLEC approved in
accordance with this Section 3.3, on the terms and conditions
set forth herein and in the "Attachment Request".
3.3.2 At any time after the Approval Date, CLEC may submit a
written Attachment Request, in a form to be designated by
Sprint, to Sprint. An Attachment Request shall be deemed
properly submitted if it identifies with specificity the
Sprint Poles, ducts, conduits, or other ROW for which CLEC
seeks Attachment. Sprint shall approve any properly
submitted Attachment Request within ten (10) business days,
if the space has previously been determined to be available
under the procedures set forth in Section 3.2.1 of this
Attachment VI above. No Attachments shall be placed on any
Sprint Pole identified in an Attachment Request until the
Attachment Request has been approved by Sprint. CLEC may
submit subsequent Attachment Requests as needed. CLEC shall
have fourteen (14) calendar days after Sprint's return of the
approved Attachment Request to CLEC to execute the Attachment
Request and return the same to Sprint. If CLEC does not
return the Attachment Request within the fourteen (14)
calendar day interval specified above, then such request
shall be null and void and such ROW shall become immediately
available to other parties. The approved Attachment Request
shall serve as the binding attachment contract between the
parties.
3.3.3 Together with Sprint's notice of approval of an
Attachment Request submitted by CLEC, Sprint shall also
provide an estimate of the Make Ready Work costs associated
with making the space available for CLEC's Attachment.
Sprint shall complete any Make Ready Work required to enable
CLEC to install its facilities at both a reasonable cost and
within a reasonable time, both of which shall be agreed upon
by Sprint and CLEC. If such agreement does not occur within
ten (10) calendar days of Sprint's provision of a quote for
such work or CLEC determines the quote is too high, CLEC may
complete Make Ready Work on its own or hire outside
contractors to do the work at CLEC's expense. Any
contractors hired by CLEC pursuant to this Section 3 shall
meet Sprint's reasonable standards, which shall not exceed
the equivalent personnel qualifications of Sprint personnel
performing the same task. Sprint shall provide a security
escort for CLEC and CLEC
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contractor and CLEC shall pay for such escort based on an
hourly rate. Where CLEC submits an Attachment Request and
subsequently fails to return an executed Attachment Request
within fourteen calendar (14) days of Sprint's notice of
approval, CLEC shall reimburse Sprint for its reasonable cost
to provide pre-ordering information and any site survey work
and the Attachment Request shall become null and void. Upon
acceptance of an approved Attachment Request by CLEC and its
return to Sprint, Sprint shall xxxx XXXX for any Make Ready
Work non-recurring charges, if Sprint is to perform the Make
Ready Work. Upon completion of any required Make Ready Work
by Sprint or upon receipt of the approved Application Request
by Sprint, whichever is later, written notice shall be
provided to CLEC granting access to the ROW and advising CLEC
of the date that monthly billing for such ROW shall commence.
CLEC shall have one hundred eighty (180) calendar days to
begin attachment and/or installation of its facilities after
receipt of such notice. Any such construction shall be
completed by the end of three hundred sixty-five (365)
calendar days after receipt of such notice, unless CLEC
notifies Sprint differently and Sprint agrees to such delay.
CLEC notification to Sprint shall be provided at least sixty
(60) calendar days prior to the expiration of the three
hundred sixty-five (365) calendar day period. If CLEC does
not begin construction within this time frame, Sprint will
cease monthly billing to CLEC and the access to the ROW and
the Attachment Request shall be deemed null and void.
3.3.4 Sprint shall make space available to CLEC as soon as
any Make Ready Work to be provided by Sprint, as described in
Section 3.3.3, is completed. At that time, CLEC shall have
the right, subject to the terms and conditions of this
Agreement, to place and maintain the facilities described in
the Attachment Request in the space designated on or in
Sprint's Poles, ducts, conduits, and other ROW identified
therein. CLEC may, at its option, use CLEC or
CLEC-designated personnel, which CLEC shall identify to
Sprint prior to beginning construction, to attach its
equipment to Sprint structures, subject to Sprint's agreement
with the proposed construction methods proposed by CLEC to
perform such work. Sprint shall provide a security escort
to accompany CLEC or its contractors and CLEC shall pay for
same based on an hourly rate. Sprint may stop CLEC or its
contractors' construction activities if the same is not
performed in accordance with the approved methods. Any such
approval shall not be unreasonably withheld, delayed or
denied. Sprint may require dismissal of the CLEC or
CLEC-designated personnel in the event Sprint
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reasonably believes such personnel are not properly
performing construction hereunder.
3.3.5 If Sprint performs the Make Ready Work specified by
Section 3.3.3, CLEC agrees to pay Sprint the Make Ready Work
costs within sixty (60) business days of receiving Sprint's
invoice.
3.3.6 Sprint will provide CLEC with answers to an
environmental, health and safety questionnaire for each
Sprint facility in or on which CLEC seeks an Attachment.
CLEC may provide this questionnaire with its Attachment
Request and Sprint shall return it to CLEC with the approval
of CLEC's Attachment Request.
3.4 Authority to Place Attachments
3.4.1 Before CLEC places any Attachment pursuant to an
approved Attachment Request, CLEC shall submit evidence of
its authority to erect and maintain the facilities to be
placed on Sprint's facilities within the public streets,
highways and other thoroughfares or on private property,
where such additional authority is required by law. CLEC
shall be solely responsible for obtaining all necessary
licenses, authorizations, permits, and consents from federal,
state and municipal authorities that may be required to place
Attachments on Sprint's facilities.
3.4.2 Sprint shall not unreasonably intervene against or
attempt to delay the granting of any necessary licenses,
authorizations, permits or consents from federal, state and
municipal authorities or private property owners that may be
required for CLEC to place its Attachments on or in any
Poles, ducts, conduits, or other ROW that Sprint owns or
controls.
3.4.3 If any license, authorization, permit or consent
obtained by CLEC is subsequently revoked or denied for any
reason, permission to attach to Sprint's facilities shall
terminate immediately and CLEC shall remove its Attachments
(if any) within one hundred twenty (120) calendar days.
CLEC may, at its option, litigate or appeal any such
revocation or denial and if CLEC is diligently pursuing such
litigation or appeal, CLEC may continue to maintain its
Attachment. In doing so, CLEC agrees to indemnify Sprint
from and against any and all costs resulting from Sprint's
continuation of the Attachment which is the subject of such
litigation or appeal.
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3.5 Capacity
3.5.1 When there is insufficient space on a Pole or in a
Sprint conduit to accommodate an CLEC-requested Attachment or
occupancy, Sprint shall, at CLEC's option: (1 ) replace the
Pole or conduit with one of greater height or capacity; or
(2) permit CLEC to replace the Pole or conduit with a
Sprint-furnished Pole or conduit of greater height or
capacity, or (3) place additional Poles or conduits in the
ROW. CLEC shall be obligated to reimburse Sprint for its
proportionate share of the actual costs incurred.
3.5.2 Sprint shall permit CLEC to break out of Sprint conduit
and to maintain facilities within conduit space used by CLEC
and, where required by Sprint, shall provide CLEC designated
personnel with one escort and CLEC shall pay for such escort
based on an hourly rate. Such escort service shall be
available twenty-four (24) hours per day each day of the
week.
3.5.3 Sprint shall permit manhole interconnections and
breaking out of Sprint manholes and shall provide CLEC with
sufficient space in manholes for the racking and storage of
cable and other materials as requested by CLEC. Sprint
reserves the right to deny nonstandard requests to break out
of manholes where the location in which CLEC wants to break
out is blocked by a cable rack.
3.5.4 Sprint shall take all reasonable measures to allow
access and/or egress to all conduit systems. This shall
include but not be limited to Sprint's removal, upon CLEC's
request, of any retired cable for conduit systems to allow
for the efficient use of conduit space within a reasonable
period of time. If the parties are unable to agree on what
is reasonable (in terms of measures or time intervals), the
matter may be submitted in accordance with the Dispute
Resolution Procedures, described in Part A of this Agreement,
by either party.
3.5.5 Where a spare inner duct does not exist, Sprint shall
allow installation of an inner duct in a spare Sprint
conduit. The procedure set forth in Section 3.3.3 shall
govern such installation.
3.5.6 Neither party shall attach, or permit other entities to
attach facilities on existing facilities of the other without
the other party's prior written consent. Such consent will
not be unreasonably withheld if the requested use is to
facilitate use of the ROW by Sprint or any other party on a
temporary basis until such reasonable time as the ROW can be
expanded.
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3.5.7 CLEC acknowledges that, from time to time, it may be
necessary or desirable for Sprint to change out Poles,
relocate, reconstruct, or modify portions of its conduit
system or rearrange facilities contained therein or connected
thereto and that such changes may be necessitated by Sprint's
business needs or by factors outside of Sprint's control,
such as the decision by a municipality to widen streets or
authorized application of another entity seeking access to
Sprint's Poles or conduit systems. CLEC agrees that CLEC
will, upon Sprint's request and at Sprint's expense, but at
no cost to CLEC so long as no additional cost is incurred by
Sprint as a result of CLEC being attached, participate with
Sprint (and other licensees) in the relocation,
reconstruction, or modification of Sprint's conduit system or
facilities rearrangement.
3.6 Sharing of Right of Way
3.6.1 Sprint shall offer the use of such ROW it has obtained
from a third party to CLEC, to the extent that Sprint's
agreement with the third party explicitly permits Sprint to
grant such rights to CLEC. If said third party agreement
does not explicitly permit Sprint to grant such rights to
CLEC, Sprint will, upon CLEC's request, grant said rights to
CLEC provided that CLEC agrees, in writing, to indemnify,
defend and hold Sprint harmless from and against any loss,
cost, claim, liability, damage and expense (including
reasonable attorney fees) to third parties relating to or
arising out of the grant of such right of use to CLEC.
3.7 Emergency Situations
3.7.1 Within fifteen (15) business days after the Approval
Date, Sprint and CLEC shall mutually agree on a
non-discriminatory priority method to access Sprint manholes
and conduits in emergency situations.
3.8 Attachment Fees
3.8.1 CLEC shall pay Sprint an Attachment fee consistent with
the Act, the FCC's implementing rules and regulations
promulgated thereunder, and/or any relevant state commission
order, for each Sprint facility upon which CLEC obtains
authorization to place an Attachment. The parties agree
that any new FCC rules and regulations setting forth a new
methodology for determining the
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Attachment fee shall govern the establishment of the pricing
of Attachments.
3.8.2 Sprint shall maintain an inventory of the Sprint
facilities occupied by CLEC based upon the cumulative
facilities specified in all Attachment Requests approved in
accordance with Section 3.3. CLEC shall provide Sprint with
"as built" drawing after each Attachment is completed. CLEC
shall have the right to remove any Attachment at any time,
and it shall be CLEC's sole responsibility to notify Sprint
of any and all removals by CLEC of its Attachments from
Sprint's facilities. Such notice shall be provided to
Sprint at least thirty (30) calendar days prior to the
removal of the Attachment and shall take the form of a notice
of removal. CLEC shall remain liable for an Attachment fee
for each Sprint facility included in all approved Attachment
Requests until a notice of removal has been received by
Sprint or CLEC cancels an Attachment pursuant to Section
3.13. Sprint may, at its option, conduct a physical
inventory of the Attachments for purposes of determining the
Attachment fees to be paid by CLEC under this Section 3.
3.9 Additions and Modifications to Existing Attachments
3.9.1 CLEC shall not modify, add to or replace facilities on
any pre-existing Attachment without first notifying Sprint in
writing of the intended modification, addition or replacement
at least thirty (30) calendar days prior to the date the
activity is scheduled to begin. The required notification
shall include: (1) identification of the impacted
Attachment, (2) the date the activity is scheduled to begin,
(3) a description of the planned modification, addition or
replacement, (4) a representation that the modification,
addition or replacement will not require any space other than
the space previously designated for CLEC's Attachments, and
(5) a representation the modification, addition or
replacement will not impair the structural integrity of the
facilities involved.
3.9.2 If the modification, addition or replacement specified
by CLEC in its notice will require more space than that
currently allocated to CLEC or will require the reinforcement
of replacement of or an addition of support equipment to the
facilities involved in order to accommodate CLEC's
modification, addition or replacement, CLEC will submit an
Attachment Request in compliance with Section 3.3 in order to
obtain authorization for the modification, addition or
replacement of its facilities.
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3.10 Noncompliance
3.10.1 If, at any time, Sprint determines that CLEC's
facilities or any part thereof have not been placed or
maintained or are not being used in accordance with the
requirements of this Section 3, Sprint may send written
notice to CLEC specifying the alleged noncompliance. If
CLEC does not dispute Sprint's assertion in writing within
thirty (30) calendar days of receipt thereof, CLEC will,
within sixty (60) calendar days of receipt of the notice of
noncompliance, provide Sprint with a schedule for bringing
CLEC's facilities into compliance (which schedule shall be
subject to Sprint's agreement, which agreement shall not be
unreasonably withheld) and shall bring such facilities into
compliance within the time periods specified in such
schedule.
3.10.2 If CLEC disputes Sprint's assertion of noncompliance,
CLEC shall notify Sprint of the basis of CLEC's belief that
CLEC's facilities are compliant. If the parties are unable
to agree on whether a noncompliance exists within thirty (30)
calendar days of receipt of the noncompliance notice by CLEC,
then the issue shall be resolved pursuant to the Dispute
Resolution Procedures set forth in Part A of this Agreement.
3.11 Surveys and Inspections of Attachments
3.11.1 The exact location of Attachments on or in Sprint's
facilities may be determined through a survey (at Sprint's
expense) to be made not more than once per calendar year by
Sprint. If so requested, CLEC and/or any other entity
owning or jointly owning the facilities with Sprint may
participate in the survey.
3.11.2 Apart from surveys conducted in accordance with
Section 3.11.1 above, Sprint shall have the right to inspect
(at Sprint's expense) any Attachment on or in Sprint's
facilities as conditions may warrant upon written notice to
CLEC. No joint survey or inspection by Sprint shall operate
to relieve CLEC of any responsibility, obligation or
liability assumed under this Agreement.
3.12 Notice of Modification or Alteration of Poles,
Ducts, Conduits, or Other ROW by Sprint
3.12.1 If Sprint plans to modify or alter any Sprint
facilities upon which CLEC has Attachments, Sprint shall
provide CLEC notice of
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the proposed modification or alteration at least sixty (60)
calendar days prior to the time the proposed modification or
alteration is scheduled to take place. If CLEC decides not
to modify or add to its existing Attachment, CLEC shall
participate at no cost in such modification and
rearrangement. If CLEC adds to or modifies its facilities
CLEC shall be charged its proportionate share of the
reasonable costs incurred by Sprint for such modification or
rearrangement. CLEC shall make all rearrangements of its
facilities within such period of time, which shall not be
less than sixty (60) calendar days, as is jointly determined
to be reasonable by the parties based on the amount of
rearrangements necessary and a desire to minimize chances for
service interruption or facility-based service denial to an
CLEC customer.
3.13 Termination of Section 3 or An Individual Attachment by CLEC
3.13.1 This Section 3 may be terminated by CLEC any time
prior to the expiration of its term by providing written
notice to Sprint of its intent to terminate not less than
ninety (90) calendar days prior to the date such termination
is to become effective. Within one hundred twenty (120)
calendar days after the date this Section 3 is terminated,
CLEC shall cause all of its Attachments to be removed from
all of Sprint's Poles. In the event CLEC fails to remove
its Attachments as required by this Section 3, Sprint shall
have the option to remove all such Attachments and store them
in a public warehouse or elsewhere at the expense of and for
the account of CLEC without Sprint being deemed guilty of
trespass or conversion, and without Sprint becoming liable
for any loss or damages to CLEC occasioned thereby.
3.13.2 Sprint may terminate, at any time, an Attachment under
this Agreement upon thirty (30) calendar days in connection
with any taking or condemnation of property on which such
Attachment is located by a competent authority for any public
use or purpose.
3.14 Abandonment
3.14.1 Nothing in this Agreement shall prevent or be
construed to prevent Sprint from abandoning, selling,
assigning or otherwise disposing of any Poles, conduit
systems, or other Sprint property used for Attachments,
provided, however, that Sprint shall condition any such sale,
assignment or other disposition subject to the rights granted
to CLEC pursuant to this Agreement. Sprint shall promptly
notify CLEC of any proposed sale, assignment or
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other disposition of any facilities or other Sprint property
used for CLEC's Attachments.
3.15 Dispute Resolution Procedures
3.15.1 If either party has declared the other in default of
any provisions of this Attachment VI, or has otherwise
notified the other party that it is not in compliance with
the terms of this Section 3, either party may invoke the
Dispute Resolution Procedures, described in Part A of this
Agreement, or the procedures described in the Act, the FCC's
First Interconnection Order, Section 1217-1231 and the FCC's
Rules at 47 CFR Section 1.1401-1.1416. In the event either
party invokes the Dispute Resolution Procedures as provided
herein, Sprint will continue to process Attachment Requests
pursuant to this Section 3.
3.15.2 Sprint will not be relieved of its obligations to
process Attachment Requests by CLEC if CLEC is alleged to be
in default of this Section 3 for nonpayment of fees and
charges due Sprint under this Section 3, so long as such
default is (1) the subject of Dispute Resolution Procedures
as set forth in Part A of this Agreement; or (2) being
adjudicated before the FCC or any other court, regulatory
body, agency, or tribunal having jurisdiction over such
dispute.
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PART C - ATTACHMENT VII
INTERIM NUMBER PORTABILITY
SECTION 1. SPRINT PROVISION OF INTERIM NUMBER PORTABILITY
Sprint shall provide interim number portability in accordance with
requirements of the Act and FCC Rules and Regulations. INP shall
be provided with minimum impairment of functionality, quality,
reliability and convenience to subscribers of CLEC services.
SECTION 2. INTERIM NUMBER PORTABILITY (INP)
INP shall be provided to the extent technical capabilities allow,
by Remote Call Forwarding ("RCF") or Direct Inward Dialing (DID).
2.1 Remote Call Forwarding: Remote Call Forwarding (RCF) is an
INP method to provide subscribers with service-provider portability
by redirecting calls within the telephone network. When RCF is
used to provide interim number portability, calls to the ported
number will first route to the Sprint switch to which the ported
number was previously assigned. The Sprint switch will then
forward the call to a number associated with the CLEC designated
switch to which the number is ported. CLEC may order any
additional paths to handle multiple simultaneous calls to the same
ported telephone number.
2.2 DID is an INP method that makes use of direct inward dialing
trunks. Each DID trunk group used for INP is dedicated to
carrying FLEX-DID INP traffic between the Sprint end office and the
CLEC switch. Traffic on these trunks cannot overflow to other
trunks, so the number of trunks shall be conservatively engineered
by Sprint. Also, inter-switch signaling is usually limited to
multi-frequency (MF). This precludes passing CLID to the CLEC
switch.
2.3. The trunking requirements will be agreed upon by Sprint and
CLEC resultant from application of sound engineering principles.
These trunking options may include SS7 signaling, inband signaling,
and may be one way or two way. The trunks used may be the same as
those used for exchange of other Local Traffic and toll traffic
between Sprint and CLEC.
2.4 LERG Reassignment: Portability for an entire NXX shall be
provided by utilizing reassignment of the block to CLEC through the
Local Exchange Routing Guide (LERG). Updates to translations in
the Sprint switching office from which the telephone number is
ported will be made
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by Sprint prior to the date on which LERG changes become effective,
in order to redirect calls to the CLEC switch via route indexing.
2.5 Other Currently Available Number Portability Provisions:
2.5.1 Where SS7 is available, Sprint shall exchange with
XXXX, XX0 TCAP messages as required for the implementation of
Custom Local Area Signaling Services (CLASS) or other
features available in the Sprint network, if technically
feasible.
2.5.2 Upon notification that CLEC will be initiating INP,
Sprint shall disclose to CLEC any technical or capacity
limitations that would prevent use of the requested INP in
the affected switching office. Sprint and CLEC shall
cooperate in the process of porting numbers to minimize
subscriber out-of-service time, including updating switch
translations where necessary within five (5) minutes after
notification that physical cut-over has been completed (or
initiated), as CLEC may designate.
2.5.3 For INP, CLEC shall have the right to use the existing
Sprint 911 infrastructure for all 911 capabilities. When
RCF is used for CLEC subscribers, both the ported numbers and
shadow numbers shall be stored in ALI databases. CLEC shall
have the right to verify the accuracy of the information in
the ALI databases.
2.5.4 When any INP method is used to port a subscriber, the
donor provider must maintain the Line Information Database
(LIDB) record for that number to reflect appropriate
conditions as reported to it by the porting service provider.
The donor must outclear call records to CLEC for billing
and collection from the subscriber. Until such time as
Sprint's LIDB has the software capability to recognize a
ported number as CLEC's, Sprint shall store the ported number
in its LIDB at no charge and shall retain revenue for LIDB
look-ups to the ported number. At such time as Sprint's
LIDB has the software capability to recognize that the ported
number is CLEC's then, if CLEC desires to store numbers on
Sprint's LIDB, the parties shall negotiate a separate LIDB
database storage and look-up agreement.
2.5.5 Sprint should send a CARE transaction 2231 to notify
IXC that access is now provided by a new CLEC for that
number.
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SECTION 3. REQUIREMENTS FOR INP
3.1 Cut-Over Process
3.1.1 Sprint and CLEC shall cooperate in the process of
porting numbers from one carrier to another so as to limit
service outage for the ported subscriber.
3.1.1.1 For a Coordinated Cutover Environment, Sprint
shall verbally coordinate with CLEC the disconnect and
switch translations as close to the requested time as
possible. The coordination shall be pre-specified by
CLEC and agreed to by both parties and in no case shall
begin more than 30 minutes after the agreed upon time.
3.1.1.2 For a Non-Coordinated Cutover Environment,
Sprint shall schedule a mechanized update of disconnect
and switch translations at the CLEC requested cutover
time. Such updates will be available to CLEC at
parity with Sprint's own availability for such
activity. Sprint shall provide an operations contact
whom CLEC can reach in the event manual intervention is
needed to complete the cutover. In the event of
manual intervention, and if Sprint is unable to resolve
the issue within sixty (60) minutes, Sprint shall
notify CLEC of the issue and CLEC and Sprint shall
determine the plan to resolve it.
3.2 Testing
Sprint and CLEC shall cooperate in conducting CLEC's testing to
ensure interconnectivity between systems. Sprint shall inform CLEC
of any system updates that may affect the CLEC network and Sprint
shall, at CLEC's request, perform tests to validate the operation
of the network. Additional testing requirements may apply as
specified by this Agreement.
3.3 Installation Timeframes
3.3.1 Installation Time Frames for RCF ILNP where no other
work is required, will be as follows:
3.3.1.1 Business Lines and Trunks:
3.3.1.1.1 After the FOC date has been
established: Orders of 1-20 lines in three (3)
business days; Orders of 21-40 lines in seven (7)
business days;
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Orders of 41-60 in twelve (12) business days;
Orders of over 60 lines will have an installation
timeframe mutually agreed upon by Sprint and
CLEC.
3.3.1.2 Residential Lines:
3.3.1.2.1 Within two (2) business days of Service
Order Receipt by Sprint.
3.3.2 If a subscriber elects to move its Telephone Exchange
Service back to Sprint while on an INP arrangement, Sprint
shall notify CLEC of the Subscriber's termination of service
with CLEC and the Subscriber's instructions regarding its
telephone number(s) within two (2) business days of receiving
notification from the Subscriber.
3.4 Call Referral Announcements
3.4.1 Sprint shall allow CLEC to order all referral
announcements, and specify the particular announcement from
Sprint's standard set of call referral announcement options,
on a per telephone number basis, for telephone numbers which
CLEC has ported from Sprint to CLEC and for which INP
measures have, at CLEC's direction, been terminated.
3.5 Engineering and Maintenance
Sprint and CLEC will cooperate to ensure that performance of
trunking and signaling capacity is engineered and managed at levels
which are at parity with that provided by Sprint to its subscribers
and to ensure effective maintenance testing through activities such
as routine testing practices, network trouble isolation processes
and review of operational elements for translations, routing and
network fault isolation.
3.6 Operator Services and Directory Assistance
With respect to operator services and directory assistance
associated with INP for CLEC subscribers, Sprint shall provide the
following:
3.6.1 While INP is deployed:
3.6.1.1 Sprint shall allow CLEC to order provisioning
of Telephone Line Number (TLN) calling cards and Billed
Number Screening (BNS), in its LIDB for ported numbers,
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as specified by CLEC. Sprint shall continue to allow
CLEC access to its LIDB. Other LIDB provisions are
specified in this Agreement.
3.6.1.2 Where Sprint has control of directory listings
for NXX codes containing ported numbers, Sprint shall
maintain entries for ported numbers as specified by
CLEC.
3.6.2 Sprint shall provide a 10-Digit Global Title
Translation (GTT) Node for routing queries for TCAP-based
operator services (e.g., LIDB).
3.6.3 Sprint OSS shall meet all requirements specified in
"Generic Operator Services Switching Requirements for Number
Portability," Issue 1.00, Final Draft, April 12, 1996.
Editor - Nortel.
3.7 Number Reservation
3.7.1 When a subscriber ports to another service provider and
has previously secured, via a tariffed offering, a
reservation of line numbers from the donor provider for
possible activation at some future point, these reserved but
inactive numbers shall "port" along with the active numbers
being ported by the subscriber in order to ensure that the
end user subscriber will be permitted to expand its service
using the same number range it could use if it remained with
the donor provider.
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PART C - ATTACHMENT VIII
GENERAL BUSINESS REQUIREMENTS
SECTION 1. GENERAL BUSINESS REQUIREMENTS
1.1 PROCEDURES
1.1.1 Contact with Subscribers
1.1.1.1 Each Party at all times shall be the primary
contact and account control for all interactions with
its subscribers, except as specified by that Party.
Subscribers include active subscribers as well as those
for whom service orders are pending.
1.1.1.2 Each Party shall ensure that any of its
personnel who may receive subscriber inquiries, or
otherwise have opportunity for subscriber contact from
the other Party's subscribers regarding the other
Party's services: (i) provide appropriate referrals
to subscribers who inquire about the other Party's
services or products; (ii) do not in any way disparage
or discriminate against the other Party, or its
products or services; and (iii) do not provide
information about its products or services during that
same inquiry or subscriber contact.
1.1.1.3 Sprint shall not use CLEC's request for
subscriber information, order submission, or any other
aspect of CLEC's processes or services to aid Sprint's
marketing or sales efforts.
1.1.2 Expedite, Escalation, and Disaster Procedures
1.1.2.1 No later than thirty (30) days after the
Approval Date of this Agreement, Sprint and CLEC shall
develop mutually acceptable escalation and expedite
procedures which may be invoked at any point in the
Service Ordering, Provisioning, Maintenance, and
Subscriber Usage Data transfer processes to facilitate
rapid and timely resolution of disputes. In addition,
Sprint and CLEC will establish intercompany contacts
lists for purposes of handling subscriber and other
matters which require attention/resolution outside of
normal business procedures within thirty (30) days
after the Approval Date of this Agreement. Each party
shall notify the other party of any changes to its
escalation contact list at least one (1) week before
such changes are effective.
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1.1.2.2 No later than thirty (30) days after the
Approval Date of this Agreement, Sprint shall provide
CLEC with contingency plans for those cases in which
normal Service Ordering, Provisioning, Maintenance,
Billing, and other procedures for Sprint's unbundled
Network Elements, features, functions, and resale
services are inoperable.
1.1.3 Subscriber of Record
1.1.3.1 Sprint shall recognize CLEC as the Subscriber
of Record for all Network Elements or services for
resale ordered by CLEC and shall send all notices,
invoices, and information which pertain to such ordered
services directly to CLEC. CLEC will provide Sprint
with addresses to which Sprint shall send all such
notices, invoices, and information.
1.2 SERVICE OFFERINGS
1.2.1. Sprint shall provide CLEC with access to new services,
features and functions concurrent with Sprint's notice to
CLEC of such changes, if such service, feature or function is
installed and available in the network or as soon thereafter
as it is installed and available in the network, so that CLEC
may conduct market testing.
1.2.2 Essential Services
1.2.2.1 For purposes of service restoral, Sprint shall
designate a CLEC access line as an Essential Service
Line (ESL) at Parity with Sprint's treatment of its own
subscribers and applicable state law or regulation, if
any.
1.2.3 TTY/TDD
1.2.3.1 Sprint shall cooperate with CLEC to provide
Telecommunications Services at parity to serve TTY/TDD
subscribers.
1.2.4 Blocking Services
Upon request from CLEC, Sprint shall provide blocking
of 700, 900, and 976 services, or other services of
similar type as may now exist or be developed in the
future, and shall provide Billed Number Screening
(BNS), including required LIDB updates, or equivalent
service for blocking completion of xxxx-to-third party
and
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collect calls, on a line, PBX, or individual service
basis. Blocking shall be provided the extent (a) it
is an available option for the Telecommunications
Service resold by CLEC, or (b) it is technically
feasible when requested by CLEC as a function of
unbundled Network Elements.
1.2.5 Training Support
1.2.5.1 Sprint shall provide training, on a
non-discriminatory basis, for all Sprint employees who
may communicate, either by telephone or face-to-face,
with CLEC subscribers. Such training shall include
compliance with the branding requirements of this
Agreement including without limitation provisions of
forms, business cards and "Not at Home' notices.
1.2.6 Carrier Identification Codes
Sprint shall provide to CLEC the active Codes (CIC) for
both Dial 1 and 800 services for each of its access
tandems and shall provide updates promptly as those
codes change from time to time.
SECTION 2. ORDERING AND PROVISIONING
2.1 GENERAL BUSINESS REQUIREMENTS
2.1.1 Ordering and Provisioning Parity
2.1.1.1 Sprint shall provide necessary ordering and
provisioning business process support as well as those
technical and systems interfaces as may be required to
enable CLEC to provide the same level and quality of
service for all resale services, functions, features,
capabilities and unbundled Network Elements at Parity.
2.1.2 Local Carrier Service Center
(LCSC)/Single Point of Contact (SPOC)
2.1.2.1 Sprint shall provide a Local Carrier Service
Center or equivalent which shall serve as CLEC's Single
Point of Contact (SPOC) for all activities involved in
the ordering and provisioning of Sprint's unbundled
Network Elements, features, functions, and resale
services.
2.1.2.2 The SPOC shall provide to CLEC a nationwide
telephone number (available from 6:00 a.m. to 8:00
p.m. Eastern Standard Time, Monday through Friday,
and 8:00 am through 5:00 P.M.
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Eastern Standard Time on Saturday) answered by
competent, knowledgeable personnel and trained to
answer questions and resolve problems in connection
with the ordering and provisioning of unbundled Network
Elements (except those associated with local trunking
interconnection), features, functions, capabilities,
and resale services.
2.1.2.3 Sprint shall provide, as requested by CLEC,
through the SPOC, provisioning and premises visit
installation support in the form of coordinated
scheduling, status, and dispatch capabilities during
Sprint's standard business hours and at other times as
agreed upon by the parties to meet subscriber demand.
2.1.3 Street Address Guide (SAG)
2.1.3.1 Within thirty (30) days after the Approval Date
of this Agreement or as otherwise mutually agreed,
Sprint shall provide to CLEC the SAG data, or its
equivalent, in an electronic format mutually agreeable
to the parties. All changes and updates to the SAG
shall be provided to in a mutually agreed format and
timeframe.
2.1.4 CLASS and Custom Features
2.1.4.1 CLEC may order the entire set of CLASS, CENTREX
and Custom features and functions, or a subset of any
one of such features.
2.1.5 Number Administration/Number Reservation
2.1.5.1 Sprint shall provide testing and loading of
CLEC's NXX on the same basis as Sprint provides itself
or its affiliates. Further, Sprint shall provide CLEC
with access to abbreviated dialing codes, access
arrangements for 555 line numbers, and the ability to
obtain telephone numbers, including vanity numbers,
while a subscriber is on the phone with CLEC. Sprint
shall provide the same range of number choices to CLEC,
including choice of exchange number, as Sprint provides
its own subscribers. Reservation and aging of numbers
shall remain Sprint's responsibility.
2.1.5.2 In conjunction with an order for service,
Sprint shall accept CLEC orders for vanity numbers and
blocks of numbers for use with complex services
including, but not limited to, DID, CENTREX, and
Hunting arrangements, as requested by CLEC.
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2.1.5.3 For simple services number reservations and
aging of Sprint's numbers, Sprint shall provide
real-time confirmation of the number reservation. For
number reservations associated with complex services,
Sprint shall provide confirmation of the number
reservation within twenty-four (24) hours of CLEC's
request. Consistent with the manner in which Sprint
provides numbers to its own subscribers, no telephone
number assignment is guaranteed until service has been
installed.
2.2 SERVICE ORDER PROCESS REQUIREMENTS
2.2.1 Service Migrations and New Subscriber Additions
2.2.1.1 For resale services, Sprint shall not
disconnect any subscriber service or existing features
at any time during the migration of that subscriber to
CLEC service without prior CLEC agreement.
2.2.1.2 For services provided through unbundled Network
Elements, Sprint shall recognize CLEC as an agent, in
accordance with OBF developed processes, for the
subscriber in coordinating the disconnection of
services provided by another CLEC or Sprint. In
addition, Sprint and CLEC will work cooperatively to
ensure that a subscriber is not disconnected from
service during these conversions.
2.2.1.3 Unless otherwise directed by CLEC and when
technically capable, when CLEC orders resale services
or Network Elements all trunk or telephone numbers
currently associated with existing services shall be
retained without loss of feature capability and without
loss of associated ancillary services including, but
not limited to, Directory Assistance and 911/E911
capability.
2.2.1.4 For subscriber conversions requiring
coordinated cut-over activities, on a per order basis,
Sprint and CLEC will agree on a scheduled conversion
time, which will be a designated four-hour time period
within a designated date.
2.2.1.5 End user service interruptions shall be held to
a minimum, and in any event shall not exceed the time
Sprint experiences when performing such work for its
own subscribers.
2.2.1.6 A general Letter of Agency ("LOA") initiated by
Carrier or Sprint will be required to process a PLC or
PIC change order. No
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LOA signed by the end-user will be required to process
a PLC or PIC change ordered by Carrier or Sprint.
Carrier and Sprint agree that PLC and PIC change orders
will be supported with appropriate documentation and
verification as required by FCC and Commission rules.
In the event of a subscriber complaint of an
unauthorized PLC record change where the Party that
ordered such change is unable to produce appropriate
documentation and verification as required by FCC and
Commission rules (or, if there are no rules applicable
to PLC record changes, then such rules as are
applicable to changes in long distance carriers of
record), such Party shall be liable to pay and shall
pay all nonrecurring charges associated with
reestablishing the subscriber's local service with the
original local carrier.
2.2.2 Intercept Treatment and Transfer Service Announcements
2.2.2.1 Sprint shall provide unbranded intercept
treatment and transfer of service announcements to
CLEC's subscribers. Sprint shall provide such
treatment and transfer of service announcement in
accordance with local tariffs and as provided to
similarly situated Sprint subscribers for all service
disconnects, suspensions, or transfers.
2.2.3 Due Date
2.2.3.1 Sprint shall supply CLEC with due date
intervals to be used by CLEC personnel to determine
service installation dates.
2.2.3.2 Sprint shall use best efforts to complete
orders by the CLEC requested DDD within agreed upon
intervals and performance measures.
2.2.4 Subscriber Premises Inspections and Installations
2.2.4.1 CLEC shall perform or contract for all CLEC's
needs assessments, including equipment and installation
requirements, at the subscriber premises.
2.2.4.2 Sprint shall provide CLEC with the ability to
schedule subscriber premises installations. The
parties shall mutually agree on an interim process to
provide this functionality during the implementation
planning process.
2.2.5 Firm Order Confirmation (FOC)
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2.2.5.1 Sprint shall provide to CLEC, a Firm Order
Confirmation (FOC) for each CLEC order. The FOC shall
contain the appropriate data elements as defined by the
OBF standards.
2.2.5.2 For a revised FOC, Sprint shall provide
standard detail as defined by the OBF standards.
2.2.5.3 Sprint shall provide to CLEC the date that
service is scheduled to be installed.
2.2.6 Order Rejections
2.2.6.1 Sprint shall reject and return to CLEC any
order that Sprint cannot provision, due to technical
reasons, missing information, or jeopardy conditions.
When an order is rejected, Sprint shall, in its reject
notification, specifically describe all of the reasons
for which the order was rejected. Sprint shall not
reject any orders on account of the Desired Due Date.
2.2.7 Service Order Changes
2.2.7.1 If an installation or other CLEC ordered work
requires a change from the original CLEC service order
in any manner, Sprint shall call CLEC in advance of
performing the installation or other work to obtain
authorization. Sprint shall then provide CLEC an
estimate of additional labor hours and/or materials.
After all installation or other work is completed,
Sprint shall promptly notify CLEC of costs.
2.2.7.1.1 If additional work is completed on a
service order, as approved by CLEC, the cost of
the additional work must be reported promptly to
CLEC.
2.2.7.1.2 If a service order is partially
completed, notification must identify the work
that was done and work remaining to complete.
2.2.7.2 If a CLEC subscriber requests a service change
at the time of installation or other work being
performed by Sprint on behalf of CLEC, Sprint, while at
the subscriber premises, shall direct the CLEC
subscriber to contact CLEC.
2.2.8 Cooperative Testing
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2.2.8.1 Network Testing
2.2.8.1.1 Sprint shall perform all its standard
pre-service testing prior to the completion of
the order.
2.2.8.1.2 Within 24 hours of CLEC's request for
scheduled cooperative maintenance testing, Sprint
shall perform said testing with CLEC (including
trouble shooting to isolate any problems) to test
Network Elements purchased by CLEC in order to
identify any problems.
2.2.9 Service Suspensions/Restorations
2.2.9.1 Upon CLEC's request through an Industry
Standard (OBF) Suspend/Restore Order, or mutually
agreed upon interim procedure, Sprint shall suspend or
restore the functionality of any Network Element,
feature, function, or resale service to which
suspend/restore is applicable. Sprint shall provide
restoration priority on a per network element basis in
a manner that conforms with any applicable regulatory
Rules and Regulations or government requirements.
2.2.10 Order Completion Notification
2.2.10.1 Upon completion of the requests submitted by
CLEC, Sprint shall provide to CLEC a completion
notification in an industry standard (i.e. OBF) or in
a mutually agreed format. The completion notification
shall include detail of the work performed, to the
extent this is defined within OBF guidelines, and in an
interim method until such standards are defined.
2.2.11 Specific Unbundling Requirements
2.2.11.1 CLEC may order and Sprint shall provision
unbundled Network Elements. However, it is CLEC's
responsibility to combine the individual network
elements should it desire to do so.
2.2.11.2 When CLEC orders Network Elements that are
currently connected Sprint shall ensure such Network
Elements remain connected and functional without any
disconnection or disruption. This shall be known as
Contiguous Network Connection of Network Elements.
There shall be no charge for such pre-existing
connections.
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2.3 SYSTEMS INTERFACES AND INFORMATION EXCHANGES
2.3.1 General Requirements
2.3.1.1 Sprint shall provide to CLEC Electronic
Interface(s) for transferring and receiving information
and executing transactions for all business functions
directly or indirectly related to Service Ordering and
Provisioning of Network Elements, features, functions
and Telecommunications Services, as specified in
Exhibit to Part A. The Interface(s) shall be
developed/designed for the transmission of data from
CLEC to Sprint, and from Sprint to CLEC.
2.3.1.2 Interim interfaces or processes may be
modified, if so agreed by CLEC and Sprint, during the
interim period.
2.3.1.3 Until the real-time, Electronic Interface is
available, Sprint agrees that the Local Carrier Service
Center (LCSC) or similar function will accept CLEC
orders. Orders will be transmitted to the LCSC via an
interface or method agreed upon by CLEC and Sprint.
2.3.2 For any CLEC subscriber Sprint shall provide, subject
to applicable rules, orders, and decisions, CLEC with access
to Customer Proprietary Network Information (CPNI) without
requiring CLEC to produce a signed Letter of Agency (LOA),
based on CLEC's blanket representation that subscriber has
authorized CLEC to obtain such CPNI.
2.3.2.1 The preordering Electronic Interface includes
the provisioning of Customer Proprietary Network
Information (CPNI) information from Sprint to CLEC.
The Parties agree to execute a Letter of Authorization
(LOA) agreement prior to requesting CPNI for a Sprint
end user, and to request end user CPNI only when the
end user has specifically given permission to receive
CPNI. The Parties agree that they will conform to FCC
and/or state regulations regarding the provisioning of
CPNI between the parties, and regarding the use of that
information by the requesting party.
2.3.2.2 The requesting Party will document end user
permission obtained to receive CPNI, whether or not the
end user has agreed to change local service providers.
For end users changing service from one party to the
other, specific end user LOAs may be requested by the
Party receiving CPNI requests to investigate possible
slamming incidents, and for other reasons agreed to by
the Parties. The receiving Party may also request
documentation of an LOA if CPNI is requested and a
subsequent service order for the change of local
service is not received.
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2.3.2.3 On a schedule to be determined by Sprint,
Sprint will perform a comparison of requests for CPNI
to service orders received for the change of Local
Service to CLEC. Sprint will produce a report of
unmatched requests for CPNI, and may require an LOA
from CLEC for each unmatched request. CLEC agrees to
provide evidence of end user permission for receipt of
CPNI for all end users in the request by Sprint within
three (3) business days of receipt of a request from
Sprint. Should Sprint determine that there has been a
substantial percentage of unmatched LOA requests,
Sprint reserves the right to immediately disconnect the
preordering Electronic Interface.
2.3.2.4 If CLEC is not able to provide the LOA for 95%
of the end users requested by Sprint, or if Sprint
determines that the LOA is inadequate, CLEC will be
considered in breach of the agreement. CLEC can cure
the breach by submitting to Sprint evidence of an LOA
within three (3) business days of notification of the
breach.
2.3.2.5 Should CLEC not be able to cure the breach in
the timeframe noted above, Sprint will provide written
notice to CLEC that Sprint will disconnect the
preordering Electronic Interface between the Parties.
Sprint will provide its manual interim systems and
procedures for CLEC's use, which will not provide
parity of service to CLEC. Sprint will suspend the
calculation of the preordering service quality measures
agreed to in Attachment 9 until, in Sprint's
determination, CLEC has corrected the problem that
caused the breach.
2.3.2.6 Sprint will reconnect the preordering
Electronic Interface upon Sprint's timely review and
acceptance of evidence provided by CLEC to correct the
problem that caused the breach.
2.3.2.7 Should Sprint disconnect the preordering
Electronic Interface to CLEC three times in any twenty
four (24) month period for breach of these preordering
procedures, Sprint may permanently disconnect the
preordering Electronic Interface, and/or may terminate
the Interconnection Agreement in accordance with Part A
herein.
2.3.2.8 If CLEC and Sprint do not agree that CLEC
requested CPNI for a specific end user, or that Sprint
has erred in not accepting proof of an LOA, the Parties
may immediately request dispute resolution in
accordance with Part A . Sprint will not disconnect
the preordering Electronic Interface during the
Alternate Dispute Resolution process.
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2.3.2.9 When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC
Electronic Interface to Sprint information systems to
allow CLEC to assign telephone number(s) (if the
subscriber does not already have a telephone number or
requests a change of telephone number) at Parity.
2.3.2.10 When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC a
real-time, Electronic Interface to schedule dispatch
and installation appointments at Parity.
2.3.2.11 When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC a
real-time, Electronic Interface to Sprint subscriber
information systems which will allow CLEC to determine
if a service call is needed to install the line or
service at Parity.
2.3.2.12 When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC a
real-time, Electronic Interface to Sprint information
systems which will allow CLEC to provide service
availability dates at Parity.
2.3.2.13 When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC a
real-time, Electronic Interface which transmits status
information on service orders at Parity. Until
real-time Electronic Interface is available, Sprint
agrees that Sprint will provide proactive status on
service orders at the following critical intervals:
acknowledgment, firm order confirmation, and completion
according to interim procedures to be mutually
developed.
2.3.3 Ordering and Provisioning for Unbundling
2.3.3.1 To the extent Sprint has such information,
Sprint shall provide to CLEC upon request advance
information of the details and requirements for
planning and implementation of NPA splits at least 6
months prior to implementation of the split.
2.3.3.2 Sprint shall provide to CLEC information on
charges associated with special construction.
Until real-time, Electronic Interface is
available, Sprint agrees that Sprint will promptly
notify CLEC of any charges associated with
necessary construction.
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2.4 Standards
2.4.1 General Requirements
2.4.1.1 CLEC and Sprint shall agree upon the
appropriate ordering and provisioning codes to be used
for Network Elements. These codes shall apply to all
aspects of the unbundling of that element and shall be
known as data elements as defined by the
Telecommunications Industry Forum Electronic Data
Interchange Service Order Subcommittee (TCIF-EDI-SOSC).
SECTION 3. BILLING
3.1 PROCEDURES
3.1.1 Sprint shall comply with various industry, OBF, and
other standards referred to throughout this Agreement.
Sprint and CLEC will review any changes to industry
standards, and Sprint's interpretation of these standards
before they are implemented by Sprint. Until industry
standards are adopted and implemented, Sprint shall utilize
an interim process as determined by Sprint and reviewed by
CLEC as part of the Implementation Plan.
3.1.2 Sprint shall xxxx XXXX for each service supplied by
Sprint to CLEC pursuant to this Agreement at the rates set
forth in this Agreement.
3.1.3 Sprint shall provide to CLEC a single point of contact
for interconnection and Network Elements at Sprint's National
Access Service Center (NASC), and for resale at Sprint's IPOC
to handle any Connectivity Billing questions or problems that
may arise during the implementation and performance of the
terms and conditions of this Agreement.
3.1.4 Sprint shall provide a single point of contact at each
Sprint data center for handling of any data exchange
questions or problems that may arise during the
implementation and performance of the terms and conditions of
this Agreement.
3.1.5 Subject to the terms of this Agreement, including
without limitation Sections 3.1.6 of this Attachment VIII,
CLEC shall pay Sprint within thirty (30) days from the Xxxx
Date. If the payment due date is a Saturday, Sunday or a
has been designated a bank holiday payment shall be made the
next business day.
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3.1.6 Billed amounts which are being investigated, queried,
or for which claims have or may be filed shall be handled in
accordance with the procedures set forth in Part A Section 23
of this Agreement.
3.1.7 Sprint will assess late payment charges to CLEC in
accordance with the applicable tariff or, if there is no
tariff Sprint will assess a late payment charge equal to the
lesser of one and one-half percent (1 1/2%) or the maximum
rate allowed by law per month of the balance due, until the
amount due, including late payment charges, is paid in full.
3.1.8 Sprint shall credit CLEC for incorrect Connectivity
Billing charges including without limitation: overcharges,
services ordered or requested but not delivered, interrupted
services, services of poor quality and installation problems
if caused by Sprint. Such reimbursements shall be set forth
in the appropriate section of the Connectivity Xxxx pursuant
to CABS, or SECAB standards.
3.1.9 The parties agree to record call information for
interconnection in accordance with this Subsection 3.1. To
the extent technically feasible, each party shall record all
call detail information associated with every call originated
or terminated to the other party's local exchange subscriber.
Sprint shall record for CLEC the messages that Sprint
records for its end users. These records shall be provided
at a party's request and shall be formatted pursuant to
Bellcore's EMR standards and the terms and conditions of this
Agreement. These records shall be transmitted to the other
party on non-holiday business days in EMR format via CDN.
Sprint and CLEC agree that they shall retain, at each party's
sole expense, copies of all EMR records transmitted to the
other party for at least forty five (45) calendar days after
transmission to the other party.
3.1.10 Sprint shall be responsible for billing and collecting
charges from IXCs for access related to interexchange calls
generated by resale subscribers.
3.1.11 Sprint shall establish a switched access meet point
billing arrangement with CLEC. This arrangement will
include tandem routed IXC calls and IXC calls.
3.1.11.1 CLEC will xxxx for CLEC common line, local
switching, RIC, and its portion of the transport
charges for tandem routed IXC calls.
3.1.11.2 SPRINT and CLEC will provide all necessary
switched access records to each other for access
billing.
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3.2 REVENUE PROTECTION
3.2.1 Sprint shall make available to CLEC, at parity with
what Sprint provides to itself, its Affiliates and other
local telecommunications CLECs, all present and future fraud
prevention or revenue protection features, including
prevention, detection, or control functionality embedded
within any of the Network Elements. These features include,
but are not limited to screening codes, information digits
assigned such as information digits '29' and '70' which
indicate prison and COCOT pay phone originating line types
respectively, call blocking of domestic, international, 800,
888, 900, NPA-976, 700, 500 and specific line numbers, and
the capability to require end-user entry of an authorization
code for dial tone. Sprint shall, when technically capable
and consistent with the implementation schedule for OSS,
additionally provide partitioned access to fraud prevention,
detection and control functionality within pertinent
Operations Support Systems ("OSS").
SECTION 4. PROVISION OF SUBSCRIBER USAGE DATA
This Section 4 sets forth the terms and conditions for Sprint's
provision of Recorded Usage Data (as defined in this Attachment
VIII) to CLEC and for information exchange regarding long distance
billing.
4.1 PROCEDURES
4.1.1 General
4.1.1.1 Sprint shall comply with various industry and
OBF standards referred to throughout this Agreement..
4.1.1.2 Sprint shall comply with OBF standards when
recording and transmitting Usage Data.
4.1.1.3 Sprint shall record all usage originating from
CLEC subscribers using service ordered by CLEC, where
Sprint records those same services for Sprint
subscribers. Recorded Usage Data includes, but is not
limited to, the following categories of information:
-- Use of CLASS/LASS/Custom Features that
Sprint records and bills for its
subscribers on a per usage basis
-- Calls To Information Providers Reached Via
Sprint Facilities will be provided in
accordance with Section 4.1.1.7
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-- Calls To Directory Assistance Where Sprint
Provides Such Service To An CLEC Subscriber
-- Calls Completed Via Sprint-Provided Operator
Services Where Sprint Provides Such Service
To CLEC's Local Service Subscriber and where
Sprint records such usage for its
subscribers using Industry Standard Bellcore
EMR billing records.
-- For Sprint-Provided Centrex Service, Station
Level Detail
4.1.1.4 Retention of Records: Sprint shall maintain a
machine readable back-up copy of the message detail
provided to CLEC for a minimum of forty-five (45)
calendar days. During the 45 day period, Sprint shall
provide any data back-up to CLEC upon the request of
CLEC. If the 45 day has expired, Sprint may provide
the data back-up at CLEC's expense.
4.1.1.5 Sprint shall provide to CLEC Recorded Usage
Data for CLEC subscribers. Sprint shall not submit
other CLEC local usage data as part of the CLEC
Recorded Usage Data.
4.1.1.6 Sprint shall not xxxx directly to CLEC
subscribers any recurring or non-recurring charges for
CLEC's services to the subscriber except where
explicitly permitted to do so within a written
agreement between Sprint and CLEC.
4.1.1.7 Sprint will record 976/N11 calls and transmit
them to the Information Service Provider ("ISP") for
billing. Sprint will not xxxx these calls to either
the CLEC or the CLEC's end user.
4.1.1.8 Sprint shall provide Recorded Usage Data to
CLEC billing locations as agreed to by the Parties.
4.1.1.9 Sprint shall establish a Local Carrier Service
Center (LCSC) or similar function to serve as CLEC's
single point of contact to respond to CLEC call usage,
data error, and record transmission inquiries.
4.1.1.10 Sprint shall provide CLEC with a single point
of contact and remote identifiers (IDs) for each
sending location.
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4.1.1.11 CLEC shall provide a single point of contact
responsible for receiving usage transmitted by Sprint
and receiving usage tapes from a courier service in the
event of a facility outage.
4.1.1.12 Sprint shall xxxx and CLEC shall pay the
charges for Recorded Usage Data. Billing and payment
shall be in accordance with the applicable terms and
conditions set forth in the Connectivity Billing and
Recording Section of this Attachment VIII
4.1.2 Charges
4.1.2.1 Sprint shall xxxx for message provisioning,
data transmission and for data tape charges.
4.1.3 Central Clearinghouse & Settlement
4.1.3.1 Sprint and CLEC shall agree upon
Clearinghouse and Incollect/Outcollect procedures.
4.1.3.2 Sprint shall settle with CLEC for both
intra-region and inter-region billing exchanges of
calling card, xxxx-to-third party, and collect calls
under separately negotiated settlement arrangements.
4.1.4 Lost Data
4.1.4.1 Loss of Recorded Usage Data - CLEC Recorded
Usage Data determined to have been lost, damaged or
destroyed as a result of an error or omission by Sprint
in its performance of the recording function shall be
recovered by Sprint at no charge to CLEC. In the
event the data cannot be recovered by Sprint, Sprint
shall estimate the messages and associated revenue,
with assistance from CLEC, based upon the method
described below. This method shall be applied on a
consistent basis, subject to modifications agreed to by
Sprint and CLEC. This estimate shall be used to
adjust amounts CLEC owes Sprint for services Sprint
provides in conjunction with the provision of Recorded
Usage Data.
4.1.4.2 Partial Loss - Sprint shall review its daily
controls to determine if data has been lost. When
there has been a partial loss, actual message and
minute volumes shall be reported, if possible through
recovery as discussed in 4.1.4.1 above. Where actual
data are not available, a full day shall be estimated
for the recording entity, as outlined in the following
paragraphs. The amount of the partial loss is then
determined by subtracting the
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data actually recorded for such day from the estimated
total for such day.
4.1.4.3 Complete Loss - When Sprint is unable to
recover data as discussed in 4.1.4.1 above estimated
message and minute volumes for each loss consisting of
an entire AMA tape or entire data volume due to its
loss prior to or during processing, lost after receipt,
degaussed before processing, receipt of a blank or
unreadable tape, or lost for other causes, shall be
reported.
4.1.4.4 Estimated Volumes - From message and minute
volume reports for the entity experiencing the loss,
Sprint shall secure message/minute counts for the four
(4) corresponding days of the weeks preceding that in
which the loss occurred and compute an average of these
volumes. Sprint shall apply the appropriate average
revenue per message ("arpm") agreed to by CLEC and
Sprint to the estimated message volume for messages for
which usage charges apply to the subscriber to arrive
at the estimated lost revenue.
4.1.4.5 If the day of loss is not a holiday but one (1)
(or more) of the preceding corresponding days is a
holiday, use additional preceding weeks in order to
procure volumes for two (2) non-holidays in the
previous two (2) weeks that correspond to the day of
the week that is the day of the loss
4.1.4.6 If the loss occurs on a weekday that is a
holiday (except Christmas and Mother's day), Sprint
shall use volumes from the two (2) preceding Sundays.
4.1.4.7 If the loss occurs on Mother's day or Christmas
day, Sprint shall use volumes from that day in the
preceding year multiplied by a growth factor derived
from an average of CLEC's most recent three (3) month
message volume growth. If a previous year's message
volumes are not available, a settlement shall be
negotiated.
4.1.5 Testing, Changes and Controls
4.1.5.1 The Recorded Usage Data, EMR format, content,
and transmission process shall be tested as agreed upon
by CLEC and Sprint.
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4.1.5.2 Periodic Review: Control procedures for all
usage transferred between Sprint and CLEC shall require
periodic review. This review may be included as part
of an Audit of Sprint by CLEC or as part of the normal
production interface management function. Breakdowns
which impact the flow of usage between Sprint and CLEC
must be identified and jointly resolved as they occur.
The resolution may include changes to control
procedures, so similar problems would be avoided in the
future. Any changes to control procedures would need
to be mutually agreed upon by CLEC and Sprint.
4.1.5.3 Sprint Software Changes
4.1.5.3.1 When Sprint plans to introduce any
software changes which impact the format or
content structure of the usage data feed to CLEC,
designated Sprint personnel shall notify CLEC no
less than ninety (90) calendar days before such
changes are implemented.
4.1.5.3.2 Sprint shall communicate the projected
changes to CLEC's single point of contact so that
potential impacts on CLEC processing can be
determined.
4.1.5.3.3 CLEC personnel shall review the impact
of the change on the entire control structure.
CLEC shall negotiate any perceived problems with
Sprint and shall arrange to have the data tested
utilizing the modified software if required.
4.1.5.3.4 If it is necessary for Sprint to
request changes in the schedule, content or
format of usage data transmitted to CLEC, Sprint
shall notify CLEC.
4.1.5.4 CLEC Requested Changes:
4.1.5.4.1 CLEC may submit a purchase order to
negotiate and pay for changes in the content and
format of the usage data transmitted by Sprint.
4.1.5.4.2 When the negotiated changes are to be
implemented, CLEC and/or Sprint shall arrange for
testing of the modified data.
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4.2 INFORMATION EXCHANGE AND INTERFACES
4.2.1 Product/Service Specific
4.2.1.1 Sprint shall provide a Bellcore standard
42-50-01 miscellaneous charge record to support the
Special Features Star Services if these features are
part of Sprint's offering and are provided for Sprint's
subscribers on a per usage basis.
4.2.2 Rejected Recorded Usage Data
4.2.2.1 Upon agreement between CLEC and Sprint messages
that cannot be rated and/or billed by CLEC may be
returned to Sprint via CDN. Returned messages shall
be sent directly to Sprint in their original EMR
format. Standard EMR return codes shall be utilized.
4.2.2.2 Sprint may correct and resubmit to CLEC any
messages returned to Sprint. Sprint will not be
liable for any records determined by Sprint to be
billable to a CLEC end user. CLEC will not return a
message that has been corrected and resubmitted by
Sprint. Sprint will only assume liability for errors
and unguideables caused by Sprint.
SECTION 5. GENERAL NETWORK REQUIREMENTS
5.1 Sprint shall provide repair, maintenance and testing for all
Telecommunications Services and unbundled Network Elements in
accordance with the terms and conditions of this Agreement.
5.1.1 During the term of this Agreement, Sprint shall provide
necessary maintenance business process support as well as
those technical and systems interfaces at Parity. Sprint
shall provide CLEC with maintenance support at Parity.
5.1.2 Sprint shall provide, initially on a regional basis,
and subsequently on a national basis, a SPOC (Single Point of
Contact) for CLEC to report via telephone maintenance issues
and trouble reports twenty four (24) hours a day and seven
(7) days a week.
5.1.3 Sprint shall provide CLEC maintenance dispatch
personnel on the same schedule that it provides its own
subscribers.
5.1.4 Sprint shall cooperate with CLEC to meet maintenance
standards for all Telecommunications Services and unbundled
network elements
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ordered under this Agreement. Such maintenance standards
shall include, without limitation, standards for testing,
network management, call gapping, and notification of
upgrades as they become available.
5.1.5 All Sprint employees or contractors who perform repair
service for CLEC subscribers shall follow Sprint standard
procedures in all their communications with CLEC subscribers.
These procedures and protocols shall ensure that: (1 )
Sprint employees or contractors shall perform repair service
that is equal in quality to that provided to Sprint
subscribers; (2) trouble calls from CLEC subscribers shall
receive response time priority that is equal to that of
Sprint subscribers and shall be handled on a "first come
first served" basis regardless of whether the subscriber is a
CLEC subscriber or an Sprint subscriber.
5.1.6 Sprint shall provide CLEC with scheduled maintenance,
including, without limitation, required and recommended
maintenance intervals and procedures, for all
Telecommunications Services and network elements provided to
CLEC under this Agreement equal in quality to that currently
provided by Sprint in the maintenance of its own network.
5.1.7 Sprint shall give maximum advanced notice to CLEC of
all nonscheduled maintenance or other planned network
activities to be performed by Sprint on any network element,
including, without limitation, any hardware, equipment,
software, or system, providing service functionality which
may potentially impact CLEC subscribers.
5.1.8 For purposes of this subsection 5.1 an emergency
network outage is defined as an outage affecting more than
25% of subscriber facilities in a single exchange.
5.1.9 On all misdirected calls from CLEC subscribers
requesting repair, Sprint shall provide such CLEC subscriber
with the correct CLEC repair telephone number as such number
is provided to Sprint by CLEC.
5.1.10 Upon establishment of an Electronic Interface, Sprint
shall notify CLEC via such electronic interface upon
completion of trouble report. The report shall not be
considered closed until such notification is made. CLEC
will contact its subscriber to determine if repairs were
completed and confirm the trouble no longer exists.
5.1.11 Sprint and CLEC may mutually agree to performance
reporting as business needs demand.
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5.1.12 Once the electronic gateway is established between
Sprint and CLEC, Sprint agrees that CLEC may report troubles
directly to a single Sprint repair/maintenance center for
both residential and business subscribers, unless otherwise
agreed to by CLEC.
5.1.13 Sprint shall perform all testing for resold
Telecommunications Services.
5.1.14 Sprint shall provide test results to CLEC, if
appropriate, for trouble clearance. In all instances,
Sprint shall provide CLEC with the disposition of the
trouble.
5.1.15 If Sprint initiates trouble handling procedures, it
will bear all costs associated with that activity. If CLEC
requests the trouble dispatch, then CLEC's subscriber will
bear the cost.
SECTION 6. MISCELLANEOUS SERVICES AND FUNCTIONS
6.0 GENERAL
6.0.1 To the extent that Sprint does not provide the
services described in this Section 6 to itself, Sprint
will use reasonable efforts to facilitate the
acquisition of such services for or by CLEC through the
existing service provider. CLEC must contract
directly with the service provider for such services.
6.1 GENERAL REQUIREMENTS
6.1.1 Basic 911 and E911 General Requirements
6.1.1.1 Basic 911 and E911 provides a caller access to
the appropriate emergency service bureau by dialing a
3-digit universal telephone number (911). Basic 911
and E911 access from Local Switching shall be provided
to CLEC in accordance with the following:
6.1.1.2 E911 shall provide additional routing
flexibility for 911 calls. E911 shall use subscriber
data, contained in the Automatic Location
Identification/Data Management System (ALI/DMS), to
determine to which Public Safety Answering Point (PSAP)
to route the call.
6.1.1.3 If available, Sprint shall offer a third type
of 911 service, S911. All requirements for E911 also
apply to S911 with the
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exception of the type of signaling used on the
interconnection trunks from the local switch to the
S911 tandem.
6.1.1.4 Basic 911 and E911 functions provided to CLEC
shall be at parity with the support and services that
Sprint provides to its subscribers for such similar
functionality.
6.1.1.5 Basic 911 and E911 access when CLEC purchases
Local Switching shall be provided to CLEC in accordance
with the following:
6.1.1.5.1 Sprint shall conform to all state
regulations concerning emergency services.
6.1.1.5.2 For E911, Sprint shall use its service
order process to update and maintain subscriber
information in the ALI/DMS data base. Through
this process, Sprint shall provide and validate
CLEC subscriber information resident or entered
into the ALI/DMS data base.
6.1.1.6 Sprint shall provide for overflow 911 traffic
to be routed to Sprint Operator Services or, at CLEC's
discretion, directly to CLEC operator services.
6.1.1.7 Basic 911 and E911 access from the CLEC local
switch shall be provided to CLEC in accordance with the
following:
6.1.1.7.1 If required by CLEC, Sprint shall
interconnect direct trunks from the CLEC network
to the E911 PSAP, or the E911 tandems as
designated by CLEC. Such trunks may
alternatively be provided by CLEC.
6.1.1.7.2 In government jurisdictions where
Sprint has obligations under existing agreements
as the primary provider of the 911 System to the
county ("Host SPRINT"), CLEC shall participate in
the provision of the 911 System as follows:
6.1.1.7.2.1 Each party shall be responsible
for those portions of the 911 System for
which it has control, including any
necessary maintenance to each party's
portion of the 911 System.
6.1.1.7.2.2 Host SPRINT shall be
responsible for maintaining the E-911
database. Sprint shall be
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responsible for maintaining the E-911
routing database.
6.1.1.7.3 If a third party, is the primary
service provider to a government agency, CLEC
shall negotiate separately with such third party
with regard to the provision of 911 service to
the agency. All relations between such third
party and CLEC are totally separate from this
Agreement and Sprint makes no representations on
behalf of the third party.
6.1.1.7.4 If CLEC or its Affiliate is the primary
service provider to a government agency, CLEC and
Sprint shall negotiate the specific provisions
necessary for providing 911 service to the agency
and shall include such provisions in an amendment
to this Agreement.
6.1.1.7.5 Interconnection and database access
shall be priced as specified in Attachment I or
at any rate charged to other interconnected
CLECs, whichever is lower.
6.1.1.7.6 Sprint shall comply with established,
competitively neutral intervals for installation
of facilities, including any collocation
facilities, diversity requirements, etc.
6.1.1.7.7 In a resale situation, where it may be
appropriate for Sprint to update the ALI
database, Sprint shall update such database with
CLEC data in an interval at parity with that
experienced by Sprint subscribers, or other
CLECs, whichever is faster, at no additional
cost.
6.1.1.8 Sprint shall transmit to CLEC daily all
changes, alterations, modifications, and updates to the
emergency public agency telephone numbers linked to all
NPA NXX's. This transmission shall be electronic and
be a separate feed from the subscriber listing feed.
6.1.1.9 Sprint shall provide to CLEC the necessary
Network Elements in order for CLEC to provide E911/911
services to government agencies. If such elements are
not available from Sprint, Sprint shall offer E911/911
service for resale by CLEC to government agencies.
6.1.1.10 The following are Basic 911 and E91 1 Database
Requirements:
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6.1.1.10.1 The ALI database shall be managed by
Sprint, but is the property of Sprint and any
participating telephone company and SPRINT for
those records provided by the company.
6.1.1.10.2 To the extent allowed by the
governmental agency, and where available, copies
of the MSAG shall be provided within three
business days from the time requested and
provided on diskette, magnetic tape, or in a
format suitable for use with desktop computers.
6.1.1.10.3 CLEC shall be solely responsible for
providing CLEC database records to Sprint for
inclusion in Sprint's ALI database on a timely
basis.
6.1.1.10.4 Sprint and CLEC shall arrange for the
automated input and periodic updating of the E911
database information related to CLEC end users.
Sprint shall work cooperatively with CLEC to
ensure the accuracy of the data transfer by
verifying it against the Master Street Address
Guide (MSAG). Sprint shall accept
electronically transmitted files or magnetic tape
that conform to National Emergency Number
Association (NENA) Version #2 format.
6.1.1.10.5 CLEC shall assign an E911 database
coordinator charged with the responsibility of
forwarding CLEC end user ALI record information
to Sprint or via a third-party entity, charged
with the responsibility of ALI record transfer.
CLEC assumes all responsibility for the accuracy
of the data that CLEC provides to Sprint.
6.1.1.10.6 CLEC shall provide information on new
subscribers to Sprint within one (1) business day
of the order completion. Sprint shall update
the database within two (2) business days of
receiving the data from CLEC. If Sprint detects
an error in the CLEC provided data, the data
shall be returned to CLEC within two (2) business
days from when it was provided to Sprint. CLEC
shall respond to requests from Sprint to make
corrections to database record errors by
uploading corrected records within two (2)
business days. Manual entry shall be allowed
only in the event that the system is not
functioning properly.
6.1.1.10.7 Sprint agrees to treat all data on
CLEC subscribers provided under this Agreement as
strictly
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confidential and to use data on CLEC subscribers
only for the purpose of providing E911 services.
6.1.1.10.8 Sprint shall adopt use of a CLEC Code
(NENA standard five-character field) on all ALI
records received from CLEC. The CLEC Code will
be used to identify the CLEC of record in INP
configurations. The XXXX XXXX Code for CLEC is
"CLEC".
6.1.1.10.9 Sprint shall identify which ALI
databases cover which states, counties or parts
thereof, and identify and communicate a Point of
Contact for each.
6.1.1.11 The following are basic 911 and E911 Network
Requirements:
6.1.1.11.1 Sprint, at CLEC's option, shall
provide a minimum of two (2) E911 trunks per
Numbering Plan Area (NPA) code, or that quantity
which will maintain P.01 transmission grade of
service, whichever is the higher grade of
service. These trunks will be dedicated to
routing 911 calls from CLEC's switch to a Sprint
selective router.
6.1.1.11.2 Sprint shall provide the selective
routing of E911 calls received from CLEC's
switching office. This includes the ability to
receive the ANI of CLEC's subscriber, selectively
route the call to the appropriate PSAP, and
forward the subscriber's ANI to the PSAP.
Sprint shall provide CLEC with the appropriate
CLLI codes and specifications regarding the
tandem serving area associated addresses and
meet-points in the network.
6.1.1.11.3 Copies of Selective Routing Boundary
Maps shall be available to CLEC. Each map shows
the boundary around the outside of the set of
exchange areas served by that selective router.
The map provides CLEC the information necessary
to set up its network to route E911 callers to
the correct selective router.
6.1.1.11.4 CLEC shall ensure that its switch
provides an eight-digit ANI consisting of an
information digit and the seven-digit exchange
code. CLEC shall also ensure that its switch
provides the line number of the calling station.
Where applicable, CLEC shall send a ten-digit
ANI to Sprint.
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6.1.1.11.5 Each ALI discrepancy report shall be
jointly researched by Sprint and CLEC.
Corrective action shall be taken immediately by
the responsible party.
6.1.1.11.6 Where Sprint controls the 911 network,
Sprint should provide CLEC with a detailed
written description of, but not limited to, the
following information:
6.1.1.11.6.1 Geographic boundaries of the
government entities, PSAPs, and exchanges
as necessary.
6.1.1.11.6.2 LECs rate centers/exchanges,
where "Rate Center" is defined as a
geographically specified area used for
determining mileage dependent rates in the
Public Switched Telephone Network.
6.1.1.11.6.3 Technical specifications for
network interface, Technical specifications
for database loading and maintenance.
6.1.1.11.7 Sprint shall identify special routing
arrangements to complete overflow.
6.1.1.11.8 Sprint shall begin restoration of E911
and/or E911 trunking facilities immediately upon
notification of failure or outage. Sprint must
provide priority restoration of trunks or
networks outages on the same terms/conditions it
provides itself and without the imposition of
Telecommunications Service Priority (TSP).
6.1.1.11.9 Sprint shall identify any special
operator-assisted calling requirements to support
911.
6.1.1.11.10 Trunking shall be arranged to
minimize the likelihood of central office
isolation due to cable cuts or other equipment
failures. There will be an alternate means of
transmitting a 911 call to a PSAP in the event of
failures.
6.1.1.11.11 Circuits shall have interoffice, loop
and CLEC system diversity when such diversity can
be achieved using existing facilities. Circuits
will be divided as equally as possible across
available CLEC systems. Diversity will be
maintained or upgraded to utilize the highest
level of diversity available in the network.
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6.1.1.11.12 Repair service shall begin
immediately upon receipt of a report of a
malfunction. Repair service includes testing
and diagnostic service from a remote location,
dispatch of or in-person visit(s) of personnel.
Technicians will be dispatched without delay.
6.1.1.11.13 All 911 trunks must be capable of
transmitting and receiving Baudot code or ASII
necessary to support the use of
Telecommunications Devices for the Deaf
(TTY/TDDs).
6.1.1.12 Basic 911 and E911 Additional Requirements
6.1.1.12.1 All CLEC lines that have been ported
via INP shall reach the correct PSAP when 911 is
dialed. Sprint shall send both the ported
number and the CLEC number (if both are received
from CLEC). The PSAP attendant shall see both
numbers where the PSAP is using a standard ALI
display screen and the PSAP extracts both numbers
from the data that is sent.
6.1.1.12.2 Sprint shall work with the appropriate
government agency to provide CLEC the ten-digit
POTS number of each PSAP which sub-tends each
Sprint selective router 911 tandem to which CLEC
is interconnected.
6.1.1.12.3 Sprint shall notify CLEC 48 hours in
advance of any scheduled testing or maintenance
affecting CLEC 911 service, and provide
notification as soon as possible of any
unscheduled outage affecting CLEC 911 service.
6.1.1.12.4 CLEC shall be responsible for
reporting all errors, defects and malfunctions to
Sprint. Sprint shall provide CLEC with the
point of contact for reporting errors, defects,
and malfunctions in the service and shall also
provide escalation contacts.
6.1.1.12.5 CLEC may enter into subcontracts with
third parties, including CLEC Affiliates, for the
performance of any of CLEC's duties and
obligations stated herein.
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6.1.1.12.6 Sprint shall provide sufficient
planning information regarding anticipated moves
to SS7 signaling, for 911 services, for the next
12 months.
6.1.1.12.7 Sprint shall provide notification of
any impacts to the 911 services provided by
Sprint to CLEC resulting from of any pending
tandem moves, NPA splits, or scheduled
maintenance outages, with enough time to react.
6.1.1.12.8 Sprint shall identify process for
handling of "reverse ALI" inquiries by public
safety entities.
6.1.1.12.9 Sprint shall establish a process for
the management of NPA splits by populating the
ALI database with the appropriate new NPA codes.
6.1.1.12.10 Sprint must provide the ability for
CLEC to update 911 databases with end user
information for lines that have been ported via
INP or NP.
6.1.2 Directory Assistance Service
6.1.2.1 Sprint shall provide for the routing of
directory assistance calls (including but not limited
to 411, 555-1212, NPA-555-1212) dialed by CLEC
subscribers directly to, at CLEC's option, either (a)
the CLEC DA service platform to the extent Sprint's
switch can perform this customized routing, or (b)
Sprint DA service platform to the extent there is a DA
service platform for that serving area.
6.1.2.2 CLEC subscribers shall be provided the
capability by Sprint to dial the same telephone numbers
for access to CLEC Directory Assistance that Sprint
subscribers dial to access Sprint Directory Assistance.
6.1.2.3 Sprint shall provide Directory Assistance
functions and services to CLEC for its subscribers as
described below until Sprint routes calls to the CLEC
Directory Assistance Services platform.
6.1.2.3.1 Sprint agrees to provide CLEC
subscribers with the same Directory Assistance
service available to Sprint subscribers.
6.1.2.3.2 Sprint shall notify CLEC in advance of
any changes or enhancements to its DA service,
and shall make
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available such service enhancements on a
non-discriminatory basis to CLEC.
6.1.2.3.3 Sprint shall provide Directory
Assistance to CLEC subscribers in accordance with
Sprint's internal local operator procedures and
standards.
6.1.2.3.4 Sprint shall provide CLEC with the same
level of support for the provisioning of
Directory Assistance as Sprint provides itself.
Quality of service standards shall be measured at
the aggregate level in accordance with standards
and performance measurements that are at parity
with the standards and/or performance
measurements that Sprint uses and/or which are
required by law, regulatory agency, or by
Sprint's own internal procedures, whichever are
the most rigorous.
6.1.2.3.5 Service levels shall comply, at a
minimum, with State Regulatory Commission
requirements for number of rings to answer,
average work time, and disaster recovery options.
6.1.2.3.6 CLEC or its designated representatives
may inspect any Sprint owned or sub-contracted
office, which provides DA services, upon five (5)
business days notice to Sprint.
6.1.2.3.7 Directory Assistance services provided
by Sprint to CLEC subscribers shall be branded in
accordance with Section 11 of Part A of this
Agreement.
6.1.2.3.8 Sprint shall provide the following
minimum Directory Assistance capabilities to
CLEC's subscribers:
6.1.2.3.8.1 A maximum of two subscriber
listings and/or addresses or Sprint parity
per CLEC subscriber request.
6.1.2.3.8.2 Telephone number and address to
CLEC subscribers upon request, except for
non-published/unlisted numbers, in the same
states where such information is provided
to Sprint subscribers.
6.1.2.3.8.3 Upon CLEC's request, call
completion to the requested number for
local and intraLATA toll
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calls shall be sent to the network
specified by CLEC where such call
completion routing is technically feasible.
If fulfillment of such routing request is
not technically feasible, Sprint shall
promptly notify CLEC if and when such
routing becomes technically feasible.
Rating and billing responsibility shall be
agreed to by CLEC and Sprint.
6.1.2.3.8.4 Populate the Directory
Assistance database in the same manner and
in the same time frame as for Sprint
subscribers.
6.1.2.3.8.5 Any information provided by a
Directory Assistance Automatic Response
Unit (ARU) shall be repeated the same
number of times for CLEC subscribers as for
Sprint's subscribers.
6.1.2.4 Sprint shall provide CLEC call detail records
in a mutually agreed format and manner.
6.1.3 Operator Services
6.1.3.1 Sprint shall provide for the routing of local
operator services calls (including but not limited to
0+, 0-) dialed by CLEC subscribers directly to either
the CLEC operator service platform or Sprint operator
service platform to the extent Sprint's switch can
perform this customized routing, as specified by CLEC.
6.1.3.2 CLEC subscribers shall be provided the
capability by Sprint to dial the same telephone numbers
to access CLEC operator service that Sprint subscribers
dial to access Sprint operator service.
6.1.3.3 Sprint shall provide Operator Services to as
described below until, at CLEC's discretion, Sprint
routes calls to the CLEC Local Operator Services
platform.
6.1.3.3.1 Sprint agrees to provide CLEC
subscribers the same Operator Services available
to Sprint subscribers. Sprint shall make
available its service enhancements on a
non-discriminatory basis.
6.1.3.3.2 Operator Services provided to CLEC
subscribers shall be branded in accordance with
Section 11 of Part A of this Agreement.
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6.1.3.3.3 Sprint shall provide the following
minimum Operator Service capabilities to CLEC
subscribers:
6.1.3.3.3.1 Sprint shall complete 0+ and 0-
dialed local calls.
6.1.3.3.3.2 Sprint shall complete 0+
intraLATA toll calls.
6.1.3.3.3.3 Sprint shall complete calls
that are billed to a 0+ access calling
card.
6.1.3.3.3.4 Sprint shall complete
person-to-person calls.
6.1.3.3.3.5 Sprint shall complete collect
calls.
6.1.3.3.3.6 Sprint shall provide the
capability for callers to xxxx to a third
party and complete such calls.
6.1.3.3.3.7 Sprint shall complete
station-to-station calls.
6.1.3.3.3.8 Sprint shall process emergency
calls.
6.1.3.3.3.9 Sprint shall process Busy Line
Verify and Busy Line Verify and Interrupt
requests.
6.1.3.3.3.10 To the extent not prohibited
by law or regulation, Sprint shall process
emergency call trace.
6.1.3.3.3.11 Sprint shall process
operator-assisted directory assistance
calls.
6.1.3.3.3.12 Sprint shall provide basic
rate quotes, subject to Sprint's operator
systems being capable to perform unique
rating for CLEC.
6.1.3.3.3.13 Sprint shall process
time-and-charges requests, at parity with
Sprint's own service offerings.
6.1.3.3.3.14 Sprint shall route 0- traffic
directly to a "live" operator team.
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6.1.3.3.3.15 When requested by CLEC, Sprint
shall provide instant credit on operator
services calls as provided to Sprint
subscribers or shall inform CLEC
subscribers to call an 800 number for CLEC
subscriber service to request a credit.
Sprint shall provide one 800 number for
business subscribers and another for
residential subscribers.
6.1.3.3.3.16 Caller assistance for the
disabled shall be provided in the same
manner as provided to Sprint subscribers.
6.1.3.3.3.17 When available, Sprint shall
provide operator-assisted conference
calling.
6.1.3.4 Operator Service shall provide CLEC's local
usage rates when providing rate quote and
time-and-charges services, and subject to Section
6.1.3.3.3.13 above.
6.1.3.5 Operator Service shall adhere to equal access
requirements.
6.1.3.6 Sprint shall exercise the same level of fraud
control in providing Operator Service to CLEC that
Sprint provides for its own operator service.
6.1.3.7 Sprint shall query for Billed Number Screening
restrictions when handling Collect, Third Party, and
Calling Card Calls, both for station to station and
person to person call types.
6.1.3.8 Sprint shall provide at an aggregate level for
the operator service center, service measurements and
accounting reports to CLEC at parity with the service
measurements and accounting reports Sprint provides
itself or as otherwise mutually agreed by the parties.
6.1.3.9 CLEC or its designated representatives may
inspect any Sprint owned or sub-contracted office,
which provides Operator Services, upon five (5)
business days notice to Sprint.
6.1.3.10 Sprint shall direct CLEC subscriber account
and other similar inquiries to the subscriber service
center designated by CLEC.
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6.1.3.11 Sprint shall provide call records in
accordance with Section 4 of this Attachment VIII.
6.1.3.12 Sprint shall accept and process overflow 911
traffic routed from CLEC to the underlying platform
used to provide Operator Service where such overflow is
performed by Sprint for its subscribers.
6.1.3.13 Busy Line Verification and Busy Line Verify
and Interrupt:
6.1.3.13.1 Sprint shall permit CLEC to connect
its Local Operator Service to Sprint's Busy Line
Verification and Busy Line Verify and Interrupt
("BLV/BLVI").
6.1.3.13.2 Sprint shall engineer its BLV/BLVI
facilities to accommodate the anticipated volume
of BLV/BLVI requests during the Busy Hour. CLEC
may, from time to time, provide its anticipated
volume of BLV/BLVI requests to Sprint. In those
instances when the BLV/BLVI systems and databases
become unavailable, Sprint shall promptly inform
CLEC.
6.1.4 Directory Assistance and Listings Service Requests
6.1.4.1 These requirements pertain to Sprints DA and
Listings Service Request process that enables CLEC to
(a) submit CLEC subscriber information for inclusion in
Sprint Directory Assistance and Directory Listings
databases; (b) submit CLEC subscriber information for
inclusion in published directories; and (c) provide
CLEC subscriber delivery address information to enable
Sprint to fulfill directory distribution obligations.
6.1.4.1.1 Sprint shall accept orders on a
real-time basis via electronic interface in
accordance with OBF Directory Service Request
standards within 3 months of the effective date
of this Agreement. In the interim, Sprint shall
create a standard format and order process by
which CLEC can place an order with a single point
of contact within Sprint.
6.1.4.1.2 Sprint will provide to CLEC the
following Directory Listing Migration Options,
valid under all access methods, including but not
limited to, Resale, Unbundled Network Elements
and Facilities-Based:
6.1.4.1.2.1 Migrate with no Changes:
Retain all white page listings for the
subscriber in both DA and
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DL. Transfer ownership and billing for
white page listings to CLEC.
6.1.4.1.2.2 Migrate with Additions:
Retain all white page listings for the
subscriber in both DA and DL. Incorporate
the specified additional listings order.
Transfer ownership and billing for the
white page listings to CLEC.
6.1.4.1.2.3 Migrate with Deletions:
Retain all white page listings for the
subscriber in both DA and DL. Delete the
specified listings from the listing order.
Transfer ownership and billing for the
white page listings to CLEC.
6.1.4.1.2.4 To ensure accurate order
processing, Sprint or its directory
publisher shall provide to CLEC the
following information, with updates
promptly upon changes:
6.1.4.1.2.4.1 A matrix of NXX to
central office
6.1.4.1.2.4.2 Geographical maps if
available of Sprint service area
6.1.4.1.2.4.3 A description of
calling areas covered by each
directory, including but not limited
to maps of calling areas and
matrices depicting calling
privileges within and between
calling areas
6.1.4.1.2.4.4 Listing format rules
6.1.4.1.2.4.5 Listing alphabetizing
rules
6.1.4.1.2.4.6 Standard abbreviations
acceptable for use in listings and
addresses
6.1.4.1.2.4.7 Titles and
designations
6.1.4.1.2.4.8 A list of all
available directories and their
Business Office close dates
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6.1.4.1.3 Based on changes submitted by CLEC,
Sprint shall update and maintain directory
assistance and directory listings data for CLEC
subscribers who:
6.1.4.1.3.1 Disconnect Service
6.1.4.1.3.2 Change CLEC
6.1.4.1.3.3 Install Service
6.1.4.1.3.4 Change any service which
affects DA information
6.1.4.1.3.5 Specify Non-Solicitation
6.1.4.1.3.6 Are Non-Published, Non-Listed,
or Listed
6.1.4.1.4 Sprint shall not charge for storage of
CLEC subscriber information in the DA and DL
systems.
6.1.4.1.5 CLEC shall not charge for storage of
Sprint subscriber information in the DA and DL
systems.
6.1.5 Directory Listings General Requirements. CLEC
acknowledges that many directory functions including but not
limited to yellow page listings, enhanced white page
listings, information pages, directory proofing, and yellow
pages directory distribution are not performed by Sprint but
rather are performed by and are under the control of the
directory publisher. Sprint shall use reasonable efforts to
assist CLEC in obtaining an agreement with the directory
publisher that treats CLEC at parity with the publisher's
treatment of Sprint.
6.1.5.1 This Section 6.1.5 pertains to listings
requirements published in the traditional white pages.
6.1.5.2 Sprint shall include in its master subscriber
system database all white pages listing information for
CLEC subscribers in Sprint territories where CLEC is
providing local telephone exchange services.
6.1.5.3 Sprint agrees to include one basic White pages
listing for each CLEC customer located within the
geographic scope of its White Page directories, at no
additional charge to CLEC. A basic White Pages
listing is defined as a customer name, address and
either the CLEC assigned number for a customer or the
number for
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which number portability is provided, but not both
numbers. Basic White Pages listings of CLEC customers
will be interfiled with listings of Sprint and other
LEC customers.
6.1.5.4 CLEC agrees to provide CLEC customer listing
information, including without limitation directory
distribution information, to Sprint, at no charge.
Sprint will provide CLEC with the appropriate format
for provision of CLEC customer listing information to
Sprint. The parties agree to adopt a mutually
acceptable electronic format for the provision of such
information as soon as practicable. In the event OBF
adopts an industry-standard format for the provision of
such information, the parties agree to adopt such
format.
6.1.5.5 Sprint agrees to provide White Pages database
maintenance services to CLEC. CLEC will be charged a
Service Order entry fee upon submission of Service
Orders into Sprint's Service Order Entry System, which
will include compensation for such database maintenance
services. Service Order entry fees apply when Service
Orders containing directory records are entered into
Sprint's Service Order Entry System initially, and when
Service Orders are entered in order to process a
requested change to directory records.
6.1.5.6 CLEC customer listing information will be used
solely for the provision of directory services,
including the sale of directory advertising to CLEC
customers.
6.1.5.7 In addition to a basic White Pages listing,
Sprint will provide, at the rates set forth in
Attachment II of this Agreement, tariffed White Pages
listings (e.g., additional, alternate, foreign and
non-published listings) for CLEC to offer for resale to
CLEC's customers.
6.1.5.8 Sprint agrees to provide White Pages
distribution services to CLEC customers within Sprint's
service territory at no additional charge to CLEC.
Sprint represents that the quality, timeliness, and
manner of such distribution services will be at parity
with those provided to Sprint and to other CLEC
customers.
6.1.5.9 Sprint agrees to include critical contact
information pertaining to CLEC in the "Information
Pages" of those of its White Pages directories covering
markets in which CLEC is providing or plans to commence
providing local exchange service during the publication
cycle of such directories. Critical contact
information
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includes CLEC's business office number, repair number,
billing information number, and any other information
required to comply with applicable regulations, but not
advertising or purely promotional material. CLEC will
not be charged for inclusion of its critical contact
information. The format, content and appearance of
CLEC's critical contact information will conform to
applicable Sprint and/or directory publisher guidelines
and will be consistent with the format, content and
appearance of critical contact information pertaining
to all CLECs in a directory.
6.1.5.10 Sprint will accord CLEC customer listing
information the same level of confidentiality that
Sprint accords it own proprietary customer listing
information. Sprint shall ensure that access to CLEC
customer proprietary listing information will be
limited solely to those of Sprint and Sprint's
directory publisher's employees, agents and contractors
that are directly involved in the preparation of
listings, the production and distribution of
directories, and the sale of directory advertising.
Sprint will advise its own employees, agents and
contractors and its directory publisher of the
existence of this confidentiality obligation and will
take appropriate measures to ensure their compliance
with this obligation. Notwithstanding any provision
herein to the contrary, the furnishing of White Pages
proofs to a CLEC that contains customer listings of
both Sprint and CLEC will not be deemed a violation of
this confidentiality provision.
6.1.5.11 Sprint will include Carrier's customer listing
information upon request of any third parties to
purchase Sprint's customer listing information. Upon
receipt of such requests, Sprint and Carrier will work
cooperatively to address any payments for the sale or
license of Carrier customer listing information to
third parties. Any payments due to Carrier for its
customer listing information will be net of
administrative expenses incurred by Sprint in providing
such information to third parties. Sprint will
compensate Carrier on an annual basis. The parties
advantaged that the release of Carrier's customer
listing information to Sprint directory publisher will
not constitute the sale or license of Carrier customer
listing information causing any payment obligation to
arise pursuant to this subsection 6.1.5.11.
6.1.6 Other Directory Services. Sprint will exercise
reasonable efforts to cause its directory publisher to enter
into a separate agreement with CLEC which will address other
directory services desired by CLEC as described in this
Section 6.1.6. Both parties acknowledge that Sprint's
directory publisher is not a party to this Agreement and that
the provisions
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contained in this Section 6.1.6 are not binding upon Sprint's
directory publisher.
6.1.6.1 Sprint's directory publisher will negotiate
with CLEC concerning the provision of a basic Yellow
Pages listing to CLEC customers located within the
geographic scope of publisher's Yellow Pages
directories and distribution of Yellow Pages
directories to CLEC customers.
6.1.6.2 Directory advertising will be offered to CLEC
customers on a nondiscriminatory basis and subject to
the same terms and conditions that such advertising is
offered to Sprint and other CLEC customers. Directory
advertising will be billed to CLEC customers by
directory publisher.
6.1.6.3 Directory publisher will use commercially
reasonable efforts to ensure that directory advertising
purchased by customers who switch their service to
CLECs is maintained without interruption.
6.1.6.4 Information pages, in addition to any
information page or portion of an information page
containing critical contact information as described
above in Section 6.1.5.9 may be purchased from Sprint's
directory publisher, subject to applicable directory
publisher guidelines and regulatory requirements.
6.1.6.5 Directory publisher maintains full authority as
publisher over its publishing policies, standards and
practices, including decisions regarding directory
coverage area, directory issue period, compilation,
headings, covers, design, content or format of
directories, and directory advertising sales.
6.1.7 Directory Assistance Data
6.1.7.1 This section refers to the residential,
business, and government subscriber records used by
Sprint to create and maintain databases for the
provision of live or automated operator assisted
Directory Assistance. Directory Assistance Data is
information that enables telephone exchange CLECs to
swiftly and accurately respond to requests for
directory information, including, but not limited to
name, address and phone numbers. Under the provisions
of the Act and the FCC's Interconnection order, Sprint
shall provide unbundled and non-discriminatory access
to the residential, business and government subscriber
records used by Sprint to create and maintain databases
for the provision of live or automated operator
assisted Directory Assistance. CLEC may
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combine this element with any other Network Element for
the provision of any Telecommunications Service.
6.1.7.2 Sprint shall provide an initial load of
subscriber records via magnetic tape for Sprint,
included in its Directory Assistance Database within
sixty (60) days of the Effective Date of this
Agreement. The NPAs included shall represent the
entire Sprint operating region. The initial load
shall reflect all data that is current as of one
business day prior to the provision date.
6.1.7.3 Sprint shall provide CLEC a complete list of
LECs, CLECs, and independent Telcos that provided data
to Sprint for its DA database.
6.1.7.4 All directory assistance data shall be provided
in a mutually agreed format.
6.1.7.5 On the same schedule that Sprint updates its
database Sprint shall provide updates (end user and
mass) to the Directory Assistance Database via
electronic data transfer. Updates shall be current as
of one business day prior to the date provided to CLEC.
6.1.7.6 DA data shall specify whether the subscriber is
a residential, business, or government subscriber, to
the extent Sprint so marks its own DA database records
with such indication. Additionally, data must include
all levels of indentation and all levels of information
specified in "Directory Assistance Data Information
Exchanges and Interfaces" below, to the extent Sprint's
data is so formatted.
6.1.7.7 CLEC shall pay to Sprint charges for DA
listings and updates that are developed consistent with
the Act.
6.1.7.8 Sprint shall provide complete refresh of the DA
data upon request by CLEC and at CLEC's expense.
6.1.7.9 CLEC will designate the location to which the
data will be provided, and CLEC shall order DA data
from Sprint at a state/company level.
6.2 SYSTEMS INTERFACES AND EXCHANGES
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6.2.1 Directory Assistance Data Information Exchanges and Interfaces
6.2.1.1 Subscriber List Information
6.2.1.1.1 Sprint shall provide to CLEC, within
sixty (60) days after the Approval Date of this
Agreement, or at CLEC's request, all published
Subscriber List Information (including such
information that resides in Sprint's master
subscriber system/accounts master file for the
purpose of publishing directories in any format
as specified by the Act) via an electronic data
transfer medium and in a mutually agreed to
format, on the same terms and conditions and at
the same rates that the Sprint provides
Subscriber List Information to itself or to other
third parties. All changes to the Subscriber
List Information shall be provided to CLEC
pursuant to a mutually agreed format and
schedule. Both the initial List and all
subsequent Lists shall indicate for each
subscriber whether the subscriber is classified
as residence or business class of service.
6.2.1.1.2 CLEC shall provide directory listings
to Sprint pursuant to the directory listing and
delivery requirements in the approved OBF format,
at a mutually agreed upon timeframe. Other
formats and requirements shall not be used unless
mutually agreed to by the parties.
6.2.1.2 This section addresses data format requirements
and data inclusion requirements for directory
assistance data information exchange between Sprint and
CLEC. Sprint shall provide CLEC the following where
available:
6.2.1.2.1 List of NPA-NXXs relating to the
listing records being provided.
6.2.1.2.2 List of Directory Section names and
their associated NPA-NXX's.
6.2.1.2.3 List of Community Names expected to be
associated with each of the NPA-NXX's for which
listing records shall be provided.
6.2.1.2.4 List of Independent Company names and
their associated NPA-NXXs for which their listing
data is a part of
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Sprint's directory database, but Sprint is not to
provide the listing data to CLEC under this
request.
6.2.1.2.5 Listing volume totals by directory
section, NPA, and state.
6.2.1.2.6 Average daily update volume by
directory section, NPA, and state.
6.2.1.2.7 Identify any area wide or universal
service numbers which may be listed. Identify
the telephone number to be provided to callers
outside the servicing area.
6.2.1.2.8 Identify any listing condition(s)
unique to Sprint's serving area which may require
special handling in data processing in the
directory. Indented Listings (Captions) should
be identified and delivered and/or handled as
specified.
6.2.1.3 Considerations Relating to an Indented Listing
(Caption) Set Requirements
6.2.1.3.1 Use of line numbers, or other methods,
to ensure the integrity of the caption set and
identify the sequence or placement of a listing
record within the caption set. A sufficient
range of numbers between listing records is
required to allow for the expansion of the
caption set. A method is also required to
permit the caption header record to be
identified, but each level of indent is not
required to be recapped; placement of the indent
is based on line number. This method does
require stringent edits to ensure the integrity
of the caption set.
6.2.1.3.2 Use of guideline or recapped data to
identify previously established header and
sub-header records for placement of data within
the caption set. This permits flexibility to
easily expand the caption set. This method also
requires that, in addition to the caption header
record, each level of indent be recapped in order
to properly build the caption set.
6.2.1.3.3 CLEC requires listing instruction codes
on the service order which indicate how the set
is to appear in the published directory.
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6.2.1.4 Data Processing Requirements: Sprint and CLEC
shall mutually agree to standards on the following data
processing requirements:
6.2.1.4.1 Identify type of tape to be used in
sending the test and initial load data. For
example, reel or cartridge tape. Due to the
size of an initial load, it would be generally
expected to be on tape and the daily update
activity via another media, and via a mutually
agreed to timeframe, such as NDM.
6.2.1.4.2 Identify tape or dataset label
requirements.
6.2.1.4.3 Identify tracking information
requirements. For example, use of header and
trailer records for tracking date and time, cycle
numbers, sending and receiving site codes, volume
count for the given tape/dataset. It may also
be helpful to have some filler fields for future
use.
6.2.1.4.4 Identify dates on which the other party
should not expect to receive daily update
activity.
6.2.1.4.5 Data should be received in uppercase
and lowercase pursuant to OBF standards. An
asterisk (*) should be used to advise of the need
to apply the reverse capitalization rule.
However, if the provider determines to provide
the listing data from a database that has already
messaged the data and applied the capitalization
rules, the asterisk may be omitted.
6.2.1.4.6 Identify information that shall enable
CLEC to identify listings within an indented list
(caption) set. For example:
6.2.1.4.6.1 When a particular listing has
been designated to be filed as the first
listing for a given level (0-7) of indent -
usually out of alpha sequence.
6.2.1.4.6.2 When an alternate call listing
(e.g. If no answer) relates to multiple
preceding listings of the same level.
6.2.1.4.7 Identify any other pertinent
information needed to properly process the data.
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6.2.1.5 Listing Types
LISTED The listing information is available for all directory requirements.
NON-LISTED The listing information is available to all directory requirements, but the information does not appear
in the published street directory.
NON-PUBLISHED A directory service may confirm, by name and address, the presence of a listing, but the telephone number
is not available. The listing information is not available in either the published directory or
directory assistance.
6.2.1.6 Listing Styles
LISTING STYLE DESCRIPTION
STRAIGHT LINE All listing information is formatted in a straight line. Data generally consists of Name, Address,
Community, and Telephone Number. Additional data may consist of dialing instructions or other general
information relating to the listing.
INDENTED LISTING Formatted with one listing header record and multiple
SET- indented listing records. See detailed description
CAPTION SET below.
INDENTED LISTING (CAPTION) SET
HEADER RECORD Contains listed name; address and telephone number
data fields are blank.
SUB-HEADER RECORD/ May contain name data only. Associated
LISTING subordinate records are required.
INDENTED NAME Contains name data, may or may not have address
LISTING data, and telephone number data.
INDENTED ADDRESS Contains address and telephone number data; the
LISTING name data text field is blank.
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LEVEL OF INDENT Header record is zero (0), sub-header and indented
records range from 1 -6.
6.2.1.7 Data Field Elements
Requirements for Initial Processing and Daily Update Activity
DATA FIELD LENGTH DATA ELEMENT FIELD
ACTION CODE A = Add I = In Required: 1 alpha
D = Delete or O = Out character
RECORD NUMBER Sequentially assigned number to Required: 8 digits
each record for a given process
(test, initial load, or update
activity). Number assignment
begins with 00000001 and is
incremented by 1 for each record
on the file.
NPA Area code relating to the Required: 3 digits
directory section the record is
to be listed.
COMPANY IDENTIFIER The 4-character company code as Required: 4 digits
defined in Section 8 of the
National Exchange CLEC
Association, Inc. Tariff.
DIRECTORY SECTION Name of the directory section Required: Maximum
where the record is to be listed. of 50 alpha
characters
LISTING IDENTIFIER F = Foreign Optional: 1 alpha
C = Cross-Reference character
E = Enterprise (WX number
requiring operator assistance to
connect the call)
W = Wide area or universal service
FILE PLACEMENT B = Business (4) Required: Maximum
of 3
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R = Residence (1) alpha characters
G = Government (2)
BR = Business & Residence (5)
BG = Business & Government (6)
BRG = Business, Residence, & Government
(7)
LISTING TYPE L = Listed Required: Maximum
N = Non-Listed of 2 alpha
NP = Non-Published characters
ADVANCE LISTING AVL = Advance Listing Optional: 3 alpha
This is used when it is very close to characters
the Business Office close date and the
service is not actually established but
the subscriber needs to be in the
directory. Once the service is
established, a second order is placed
without the indicator and the listing
is established permanently and sent to
DA.
LISTING STYLE S = Straight line Required: 2 alpha
I = Indented listing set characters
CH = Caption Header
CS = Caption Sub-header
An Indented listing relates to either a
caption or Straight Line Under (SLU)
set listing.
INDENT LEVEL 0 = Non-indented record Required: 1 digit
1 - 6 = Level of indented record
ADDRESS For example: 123, X-000, 000-0/0 Xxxxxxxx: Xxxxxxx
XXXXX NUMBER of 20 alphanumeric
characters,
including hyphen,
space, and slash
ADDRESS For example: N, S, E, W, NE, SW, Optonal: Maximum of 5
PRE-DIRECTIONAL NORTH alpha characters
000
XXXXXXX XXXXXX NAME For example: Main, Optional: Maximum
Peachtree-Dunwoody, HWY 75 at Exit of 100 alpha,
30 alphanumeric
characters,
including spaces
and hyphens.
ADDRESS SUFFIX OR For example: XXXXX 000, XX, xx XXX Optional: Maximum of 20
THOROUGHFARE numeric, alpha, or
alphanumeric characters
Optional: Maximum
ADDRESS POST of 5 alpha
DIRECTION For example: N, S, NE, SW characters
ADDRESS ZIP CODE 5-digits or ZIP + 4 Optional: Maximum
of 10 digits,
including the
hyphen when using
ZIP + 4
COMMUNITY NAME Identifies the name of the Maximum of 50
community associated with the alphanumeric
listing record. See Glossary for characters,
more details. including spaces
and hyphen
STATE NAME Identifies the state associated Maximum of 2 alpha
ABBREVIATION with the community name; characters
2-character state abbreviation used
by the US Postal Office.
INFORMATION TEXT Miscellaneous information relating Optional: Maximum
to the listing. Including, but of 250 alpha,
not limited to, for example: TOLL numeric, or
FREE DIAL 1 & THEN, CALL COLLECT, alphanumeric
or TDD ONLY. The various types of characters
Information Text must be identified
to CLEC.
NAME - FIRST WORD Surname of a Residence or Business Required for a zero
listing, or first word of a (0) level record.
Business or Government Listing Optional if an
Multi-word or hyphenated surnames indented (level
should be treated as one word. 1-8) record, unless
the name text
present in the
indented record
relates to a
Surname.
Maximum of 50 alpha,
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numeric,
alphanumeric, or
special characters.
NAME - SUBSEQUENT Given name and/or initial(s) of Expected if the
WORD(S) a Surname listing or Additional First Word is the
word(s) for a Business or Surname of a
Government listing Residence or
Business listing.
Maximum of 250
alpha, numeric,
special, or
alphanumeric
characters.
LINEAL DESCENT e.g. SR, JR, III. If Lineal Optional: Maximum
Descent data cannot be uniquely 10 alpha characters
identified, it should be
included with the Listed Name
Subsequent Word(s) data and
placed at the end of the name
data.
TITLE(s) e.g. MRS, LT COL, RET SGR, Optional: Maximum
DR. Multiple titles are of 20 alpha
acceptable. If title data characters
cannot be uniquely identified,
it should be included with the
Listed Name Subsequent Word(s)
data and placed at the end of
the name data stream. If
lineal descent is also in the
Listed Name Subsequent Word(s)
data field, title data should
be placed following the lineal
descent data.
DEGREE e.g. MD, CPA, PHD. Multiple Optional: Maximum
degrees are acceptable. If of 20 alpha
degree data cannot be uniquely characters
identified, it should be
included with the Listed Name
Subsequent Word(s) data and
placed at the end of the name
data stream. If lineal
descent and/or title data is
also present, it should follow
title data.
NICKNAME Another name the listed Optional: Maximum
subscriber may be known by. of 20 alpha
characters
BUSINESS Term used to identify the listed Optional: Maximum
of 50
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DESIGNATION subscriber's alpha characters
professional,
business, or
location, e.g.
ATTY, CARPETS, OFC
STANDARD TELEPHONE NPA NXX-LINE Optional: 12
NUMBER * characters,
including space and
hyphen
YELLOW PAGE CLEC shall provide
PUBLISHERS to Sprint the code
ASSOCIATION (YPPA) for the directory
in which the
listing is to be
placed.
NON-STANDARD Telephone numbers Optional: Minimum
TELEPHONE NUMBER * less than or more of 1 digit, maximum
than the standard of 22 characters,
telephone number. including spaces
and hyphens
*Either a Standard or Non-standard telephone is required for a zero level
record unless the record is a Cross-Reference listing or an Indented
Listing (caption) Set record. A telephone number may, or may not be
present on an Indented Listing Set record for level(s) 0-7.
6.3 SYSTEMS SECURITY
6.3.1 Sprint agrees to comply with industry accepted standards
which in large measure reflect common practices and proven
technology for protecting computer resources.
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PART C - ATTACHMENT IX
REPORTING STANDARDS
SECTION 1. GENERAL
1.1 Sprint shall satisfy all service standards, intervals,
measurements, specifications, performance requirements, technical
requirements, and performance standards (Performance Standards) that
are specified in this agreement or are required by law or
regulation. In addition, Sprint's performance under this Agreement
shall be provided to CLEC will be at Parity with the performance
Sprint provides itself for like service(s).
1.2 Sprint and CLEC agree that generally remedies at law alone
are adequate to compensate CLEC for any failures to meet the
Performance Standard requirements specified in this Agreement, or
for failures to provide Customer Usage Data in accordance with this
Agreement. However, CLEC shall have the right to seek injunctive
relief and other equitable remedies to require Sprint (I) to cause
the service ordered by CLEC to meet the Performance Standards
specified by the Agreement, (ii) install or provision service
ordered by CLEC within the Due Dates specified in this Agreement and
(iii) to provide Customer Usage Data in accordance with this
Agreement.
1.3 Sprint and CLEC agree that all financial remedies available
to end-user and access customers for same or like services will be
offered to CLEC. At such time that state or federal
commission-approved credits/financial remedies are put in place
between Sprint and any of its CLEC customers, Sprint would
renegotiate this arrangement where such arrangements exist.
SECTION 2. PARITY AND QUALITY MEASUREMENTS
2.1 Sprint will develop self-reporting capabilities comparing
Sprint results with CLEC results for the following measures of
service parity within 6 months, but no later than July 1, 1998, of
the Approval Date :
Percentage of Commitment Times Met - Service Order
Percentage of Commitment Times Met - Trouble Report
Trouble Reports per 100 Access Lines (Resale only)
Percent Repeated Trouble Reports
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In the event CLEC chooses to utilize the Sprint operator service platform
the following measures will be implemented within 6 months of the date of
first use by CLEC:
Average Toll Answer Time
Average Directory Assistance Answer Time
All above measures will be implemented in a manner that is
consistent with the current measures Sprint makes of its own
performance.
2.2 Sprint will develop and implement the following measures no
later than July 1, 1998:
PRE-ORDERING/ORDERING/PROVISIONING
Prompt Transmission of Customer Service Record (CSR)
Information
Prompt transmission of Firm Order Confirmation (FOC)
PLC Changes Completed Within 24 Hours
INTERCONNECTION
Trunk Orders on or Before the Committed Due Date
Firm Order Confirmation (FOC) time delivery
Rights of Way (ROW) Conduit and Pole Attachment Availability
Trouble Reports per 100 Access Lines (Loops)
MAINTENANCE AND REPAIR
Average Clearing Time - Out of Service
Average Call Answer Time - Repair Center
2.3 Sprint will develop and implement the following measures
within 1 year, but not later than January 1, 1999 of the Approval
Date:
PRE-ORDERING/ORDERING/PROVISIONING
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Disconnect Order Completion Interval
BILLING
Advance Notice of Late Billing Associated with the Wholesale
Xxxx
Delivery of Mechanized Customer Service Record (CSR) for
Wholesale Xxxx Verification
Charges Billed in Current Wholesale Xxxx Period for Flat
Rated Services
Charges Billed Within 90 days for Usage Charges
Financial Accuracy of local OCC Bills
Customer Usage Data - File Transfer
Customer Usage Data - Timeliness
Customer Usage Data - Accuracy
MAINTENANCE AND REPAIR
Percent Reporting Trouble Within 5 Days of the Date Installed
