1.0
DEFINITIONS
2.0
INTERPRETATION AND CONSTRUCTION
3.0
IMPLEMENTATION SCHEDULE AND INTERCONNECTION ACTIVATION
DATES
4.0
NETWORK INTERCONNECTION ARCHITECTURE PURSUANT TO SECTION
251 (c)(2)
5.0
TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE
TRAFFIC PURSUANT TO SECTION 251 (c)(2)
6.0
TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC
PURSUANT TO 251(c)(2)
7.0
TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
8.0
JOINT GROOMING PLAN AND INSTALLATION, MAINTENANCE,
TESTING AND REPAIR
9.0
UNBUNDLED ACCESS -- SECTION 251 (c)(3)
10.0
RESALE OF ILEC LOCAL TELEPHONE EXCHANGE SERVICES SECTIONS
251(c)(4) and 251(b)(1)
11.0
NOTICE OF CHANGES -- SECTION 251(c)(5)
12.0
COLLOCATION -- SECTION 251 (c)(6)
13.0
NUMBER PORTABILITY--SECTION 251(b)(2)
14.0
DIALING AND NUMBERING RESOURCES, RATE CENTERS AND
RATING POINTS
15.0
ACCESS TO RIGHTS-OF-WAY-- SECTION 251(b)(4)
16.0
DATABASE ACCESS -- SECTIONS 251 (c)(3) and 271
17.0
COORDINATED SERVICE ARRANGEMENTS
18.0
911/E911 ARRANGEMENTS---SECTION 271
19.0
DIRECTORY AND OPERATOR SERVICES ARRANGEMENTS SECTION
271
20.0
GENERAL RESPONSIBILITIES OF THE PARTIES
21.0
TERM AND TERMINATION
22.0
INSTALLATION
23.0
PERFORMANCE STANDARDS FOR SPECIFIED ACTIVITIES
24.0
SECTION 252(i) OBLIGATIONS
25.0
CANCELLATION
26.0
SEVERABILITY
27.0
FORCE MAJEURE
28.0
LIMITATION OF LIABILITY
29.0
ASSIGNMENT
30.0
DISPUTED AMOUNTS
31.0
NON-DISCLOSURE
32.0
CANCELLATION
33.0
DISPUTE RESOLUTION
34.0
NOTICES
35.0
LIABILITY AND INDEMNITY
36.0
MISCELLANEOUS
This
Interconnection Agreement under Sections 251 and 252
of the Telecommunications Act of 1996 ("Agreement"),
is effective as of the ______ day of ____________(month)
1999 (the "Effective Date"), by and between,
_____________(ILEC) a _____________(State) Corporation,
____________________________________ (Street Address),
____________ (City), ____________(State), ______________(Zip
Code), and _____________(CLEC) a _____________(State)
Corporation, ____________________________________
(Street Address), ____________ (City), ____________(State),
______________(Zip Code),
WHEREAS,
the Parties want to interconnect their networks within
the states of
________________ at Mutually agreed upon points of
interconnection to provide Telephone Exchange Services
and Exchange Access to their respective Customers.
WHEREAS,
the Parties are entering into this Agreement to set
forth the respective obligations of the Parties and
the terms and conditions under which the Parties will
interconnect their networks and provide other services
as required by the Act and additional services as
set forth herein.
NOW,
THEREFORE, in consideration of the mutual provisions
contained herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
CLEC and ILEC hereby agree as follows:
1.0
DEFINITIONS
As
used in this Agreement, the following terms shall
have the meanings specified below in this Section
1.0. For convenience of reference only, the definitions
of certain terms are set forth on Exhibit 1.
1.1.
"Act" means the Communications Act of 1934
(47 U.S.C. 153(R)), as amended by the Telecommunications
Act of 1996, and as from time to time interpreted
in the duly authorized rules and regulations of the
FCC or the Commission.
1.2
"Access Service Request" (ASR) means an
industry standard form used by the Parties to add,
establish, change or disconnect trunks for the purpose
of Interconnection.
1.3
"Asymmetrical Digital Subscriber Line" or
"ADSL" is a transmission technology which
transmits an asymmetrical digital signal using one
of a variety of line codes.
1.4
"Affiliate" is As Defined in the Act.
1.5
"As Defined in the Act" means as specifically
defined by the Act and as from time to time interpreted
in the duly authorized rules and regulations of the
FCC or the Commission.
1.6
"As Described in the Act" means as described
in or required by the Act and as from time to time
interpreted in the duly authorized rules and regulations
of the FCC or the Commission.
1.7
"Automatic Number Identification" or "ANI"
is a Feature Group D signaling parameter which refers
to the number transmitted through the network identifying
the billing number of the calling party.
1.8
"BLV/BLVI Traffic" or "BLV/BLVI Call"
refers to an operator call in which the end user inquires
as to the busy status of, or requests an interruption
of a call on, a Telephone Exchange Service line.
1.9
"Calling Party Number" or "CPN"
is a Common Channel Interoffice Signaling parameter
which refers to the number transmitted through the
network identifying the calling party.
1.10
"Central Office Switch", "Central Office"
or "CO" means a switching entity within
the public-switched telecommunications network, including
but not limited to:
a)
"End Office Switches" which are Class 5
switches from which end user Telephone Exchange Services
are directly connected and offered.
b)
"Tandem Office Switches" which are Class
4 switches which are used to connect and switch trunk
circuits between and among Central Office Switches.
Central Office Switches may be employed as combination
End Office/Tandem Office switches (combination Class
5/Class 4).
1.11
"CLASS Features" mean certain CCS-based
features available to end users. Class features include,
but are not necessarily limited to: Automatic Call
Back; Call Trace; Caller Identification and related
blocking features; Distinctive Ringing/Call Waiting;
Selective Call Forward; Selective Call Rejection.
1.12
"Collocation" or "Collocation Arrangement"
means an arrangement whereby one Party's (the "Collocating
Party") facilities are terminated in its equipment
necessary for Interconnection or for access to Network
Elements on an unbundled basis which has been installed
and maintained at the premises of a second Party (the
"Housing Party"). For purposes of Collocation,
the "premises" of a Housing Party is any
ILEC central office, serving Wire center and tandem
office, as well as all buildings or similar structures
owned or leased by ILEC that house ILEC network facilities,
including any ILEC structures that house ILEC network
facilities on public rights-of-way, such as vaults
containing loop concentrators or similar structures,
to the extent such collocation is technically feasible
and space is available. Collocation may be "physical"
or "virtual". In "Physical Collocation,"
the Collocating Party installs and maintains its own
equipment in the Housing Party's premises. In "VirtuaI
Collocation," the Housing Party installs and
maintains the Collo6ating Party's equipment in the
Housing Party's premises.
1.13
"Commission" means any state administrative
agency to which the United States Congress any state
legislative body has delegated any authority to supervise
or regulate the operations of Local Exchange Carriers
pursuant to the Act or state constitution or statute,
such as a Public Utilities Commission or Public Service
Commission.
1.14
"Common Channel Signaling" or "CCS"
means the signaling system, developed for use between
switching systems with stored-program control, in
which all of the signaling information for one or
more groups of trunks is transmitted over a dedicated
high-speed data link rather than on a per-trunk basis
and, unless otherwise agreed by the Parties, the CCS
used by the Parties shall be SS7.
1.15
"Cross Connection" is an intra-Wire center
channel connecting separate pieces of telecommunications
equipment including a channel between separate Collocation
facilities.
1.16
"Customer" means a third-party residence
or business that subscribes to Telecommunications
Services provided by either of the Parties.
1.17
"DID" means direct inward dialing.
1.18
"Dialing Parity" is As Defined in the Act.
As used in this Agreement, Dialing Parity refers to
both Local Dialing Parity and Toll Dialing Parity.
1.19
"Digital Loop Carrier" is a subscriber loop
carrier system which integrates within the switch
at a DS1 level that is twenty-four (24) local Loop
transmission paths combined into a 1.544 Mbps digital
signal.
1.20
"Digital Signed Level" means one of several
transmission rates in the time-division multiplex
hierarchy.
1.21
"Digital Signal Level 0" or "DSO"
is the 64 Kbps zero-level signal in the time-division
multiplex hierarchy.
1.22
"Digital Signal Level V or "DS1 " is
the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS1 is the initial
level of multiplexing.
1.23
"Digital Signal Level 3" or "DS3"
is the 44.736 Mbps third-level in the time-division
multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined
as the third level of multiplexing.
1.24
"DSX panel" is a cross-connect bay/panel
used for the termination of equipment and facilities
operating at digital rates.
1.25
"Exchange Access" is As Defined in the Act.
1.26
"Electronic File Transfer" is any system/process
which utilizes an electronic format and protocol to
send/receive data files.
1.27
"Exchange Message Record" or "EMR"
is the standard used for exchange of telecommunications
message information among Local Exchange Carriers
for billable, nonbillable, sample, settlement and
study data. EMR format is contained in BR-0 10200010
CRIS Exchange Message Record, a Bellcore document
which defines industry standards for exchange message
records.
1.28
"FCC" is the Federal Communications Commission.
1.29
"Fiber-Meet" means an Interconnection architecture
method whereby the Parties physically Interconnect
their networks via an optical fiber interface (as
opposed to an electrical interface) at a mutually*
agreed upon location.
1.30
"HDSL" or "High-Bit Rate Digital Subscriber
Line" is a transmission technology which transmits
up to a DS1-level signal, using any one of the following
line codes: 2 Binary /1 Quartenary ("2131 d"),
Carrierless, AM/PM, Discrete Multitone ("DIVIT"),
or 3 Binary/1 Octet ("31310").
1.31
"Information Service Traffic" or "Information
Service Call" is a call which originates on a
Telephone Exchange Service and which is addressed
to an information service provided over a LEC information
services platform (e.g., 9.76), where the telephone
number of the Telephone Exchange Service and the telephone
number of the information service are associated with
the same LATA.
1.32
"Interconnection" means the connection of
separate pieces of equipment, transmission facilities,
etc., within, between or among networks. The architecture
of interconnection may include several methods including,
but not limited to Collocation arrangements and midfiber
meet arrangements.
1.33
"Interexchange Carrier" or "IXC"
is a provider of stand-alone interexchange telecommunications
services.
1.34
"Interim Telecommunications Number Portability"
or "INP" is the transparent delivery of
Local Telephone Number Portability ("LTNP")
capabilities, from a customer standpoint in terms
of call completion, and from a carrier standpoint
in terms of compensation, through the use of existing
and available call routing, forwarding, and addressing
capabilities.
1.35
"InterLATA" is As Defined in the Act.
1.36
"Integrated Services Digital Network" or
"ISDN" is a switched network service that
provides end-to-end digital connectivity for the simultaneous
transmission of voice and data. Basic Rate Interface-ISDN
(BRI-ISDN) provides for digital transmission of two
64 Kbps bearer channels and one 16 Kbps data channel
(213 + D). Primary Rate InterfaceISDN (PRI-ISDN) provides
for digital transmission of twenty-three (23) 64 Kbps
bearer channels and one 64 Kbps data channel (23 B+
D).
1.37
"Line Side" refers to an end office switch
connection that has been programmed to treat the circuit
as a local line connected to an ordinary telephone
station set. Line side connections offer only those
transmission and signaling features appropriate for
a connection between an end office and an ordinary
telephone station set.
1.38
"Local Access and Transport Area" or "LATA"
is As Defined in the Act.
1.39
"Local Dialing Parity" means the ability
of Telephone Exchange Service Customers of one LEC
to place local calls to Telephone Exchange Service
Customers of another LEC, without the use of any access
code and with no unreasonable dialing delay. "Toll
Dialing Party" means the ability of Telephone
Exchange Service Customers of a LEC to have their
toll calls (inter or intraLATA) routed to a toll carrier
(intraLATA or interLATA) of their selection without
dialing access codes or additional digits and with
no unreasonable dialing delay.
1.40
"Local Exchange Carrier" or "LEC"
means any carrier that provides facility-based Telephone
Exchange Services utilizing a switch it owns or substantially
controls in conjunction with unique central office
codes assigned directly to that carrier; this includes
the Parties to this Agreement.
1.41
"Local Traffic" refers to calls between
two or more Telephone Exchange service users where
both Telephone Exchange Services bear NPA-NXX designations
associated with the same local calling area of the
incumbent LEC or other authorized area (e.g., Extended
Area Service Zones in adjacent local calling areas).
Local traffic includes the traffic types that have
been traditionally referred to as "local calling"
and as "extended area service (EAS)." All
other traffic that originates and terminates between
end users within the LATA is toll traffic. In no event
shall the Local Traffic area for purposes of local
call termination billing between the parties be decreased.
1.42
"Local Loop Transmission" or "Loop"
is a network element of a Telephone Exchange Service;
for purposes of general illustration, the "Loop"
is the transmission facility (or channel or group
of channels on such facility) which extends from a
Main Distribution Frame, DSX-panel, or functionally
comparable piece of equipment in a ILEC end office
Wire center, to a demarcation or connector block in/at
a customer's premises. Loops fall into the following
categories:
a)
"2-Wire Analog Voice Grade Loops" will support
analog transmission of 300-3000 Hz, repeat loop start,
loop reverse battery, or ground start seizure and
disconnect in one direction (toward the end office
switch), and repeat ringing in the other direction
(toward the end user). This Loop is commonly used
for local dial tone service.
b)
"4-Wire Analog Voice Grade Loops" will support
the transmission of voice grade signals using separate
transmit and receive paths and terminate in a 4-Wire
electrical interface.
c)
"2-Wire ISDN Digital Grade Loops" will support
digital transmission of two 64 Kbps bearer channels
and one 16 Kbps data channel. This is a 2B+D basic
rate interface Integrated Services Digital Network
(BRI-ISDN) type of loop which will meet national ISDN
standards.
d)
"2-Wire ADSL-Compatible Loop" is a transmission
path which facilitates the transmission of up to a
6 Mbps digital signal downstream (toward the Customer)
and up to a 640 Kpbs digital signal upstream (away
from the Customer) while simultaneously carrying an
analog voice signal. An ADSL-Compatible Loop is provided
over a 2-Wire nonloaded twisted copper pair provisioned
using revised resistance design guidelines and meeting
ANSI Standard T1.4131995-007R2. An ADSL Loop terminates
in a 2-Wire electrical interface at the customer premises
and at the ILEC frame.
e)
"2-Wire HDSL-Compatible Loop" is a transmission
path which facilitates the transmission of a 768 Kbps
digital signal over a 2-Wire non-loaded twisted copper
pair meeting the specifications in ANSI T1 El Committee
Technical Report Number 28.
f)
"4-Wire HDSL-Compatible Loop" is a transmission
path which facilitates the transmission of a 1.544
Mbps digital signal over two 2-Wire non-loaded twisted
copper pairs meeting the specifications in ANSI T1
El Committee Technical Report Number 28.
1.43
"Losses" means any and all losses, costs
(including court costs), claims, damages (including
fines, penalties, and criminal or civil judgments
and settlements), injuries, liabilities and expenses
(including attorney fees).
1.44
"Main Distribution Frame" or "MDF"
is the primary point at which outside plant facilities
terminate within a Wire center, for interconnection
to other telecommunications facilities within the
Wire center.
1.45
"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 Bell core as Special
Report SR-BDS000983, contains the recommended guidelines
for the billing of an access service provided by two
or more LECs, or by one LEC in two or more states
within a single LATA.
1.46
"MECOD" refers to the Multiple Exchange
Cat7iers 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 IVIECOD document, published
by Bellcore as Special Report SR STS002643, establishes
methods for processing orders for access service which
is to be provided by two or more LECs.
1.47
"Meet Point Billing" or "MPB"
refers to the billing arrangement for the interconnection
of facilities between two or more LECs for the provision
of Exchange Access to an interexchange carrier or
other third party.
1.48
"Multiple Bill/Single Tariff' as defined by the
industry's MECAB document, means the meet-point billing
method where each LEC prepares and renders its own
meet point bill in accordance with
its
own tariff for the portion of the jointly-provided
Switched
Access
Service which the LEC provides. Sometimes erroneously
referred to as "Multiple Bill/Multiple Tariff"
method.
1.49
"Network Element" is as defined in the Act.
1.50
"North American Numbering Plan" or "NANP"
means the numbering plan used in the United States
that also serves Canada, Bermuda, Puerto Rico and
certain Caribbean islands. The NANP format is a 1
O-digit number that consists of a 3-digit NPA code
(commonly referred to as the area code), followed
by a 3-digit NXX code and 4-digit line number.
1.51
"Numbering Plan Area" or "NPA"
is also sometimes referred to as an area code. This
is the three digit indicator which is defined by the
"A", "B", and "C" digits
of each 1 O-digit telephone number within the North
American Numbering Plan ("NANP"). Each NPA
contains 800 possible NXX Codes. There are two general
categories of NPA, "Geographic 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" or
"SAC Code" is typically associated with
a specialized telecommunications service which may
be provided across multiple geographic NPA areas;
800, 900, 700, and 88 8 are examples of Non-Geographic
NPAs.
1.52
"Number Portability" or "LTNP"
is as defined in the Act. LTNP provides the technical
ability to enable an end user customer to utilize
its telephone number in conjunction with any Telephone
Exchange Service provided by any Local Exchange Carrier
operating within the geographic number plan area with
which the customer's telephone number(s) is associated,
regardless of whether the customer's chosen Local
Exchange Carrier is the carrier which originally assigned
the number to the customer, without penalty to either
the customer or its chosen Local Exchange Carrier.
1.53
"NXX", "NXX Code", "Central
Office Code" or "CO Code" is the three-digit
switch entity indicator which is defined by the "ID",
"E", and "F" digits of a 1 0-digit
telephone number within the North American Numbering
Plan ("NANP"). Each NXX Code contains 10,000
station numbers. Historically, entire NXX code blocks
have been assigned to specific individual local exchange
end office switches.
1.54
"Party" means either ILEC or CLEC and "Parties"
means ILEC and CLEC.
1.55
"Permanent Number Portability" or "PNP"
means the use of a database solution to provide fully
transparent LTNP for all customers and all providers.
1.56
"Port Element" or "Port" is a
component of a Telephone Exchange Service. For purposes
of general illustration, the "Port" serves
as the hardware termination for the customer's telephone
exchange service on that switch and generates dial
tone and provides the customer a pathway into the
public switched telecommunications network and provides
access to 911, dire6to:ry assistance and other operator
services. Each Port is typically associated with one
(or more) telephone number(s) which serves as the
customer's network address.
1.57
"Rate Center" means the specific geographic
point and corresponding geographic area which have
been identified by a given LEC as being associated
with a particular NPA-NXX code which has been assigned
to the LEC for its provision of Telephone Exchange
Services. The "rate center point" is the
finite geographic point identified by a specific V&H
coordinate, which is used to measure, for the purpose
of billing to end users, distance-sensitive traffic
to/from Telephone Exchange Services bearing the particular
NPA-NXX designation associated with the specific Rate
Center. The "rate center area" is the exclusive
geographic area which the LEC has identified as the
area within which it will provide Telephone Exchange
Services bearing the particular NPA-NXX designation
associated with the specific Rate Center. The Rate
Center point must be located within the Rate Center
area.
1.58
"Rating Point" or "Routing Point"
means a location which a LEC has designated on its
own network as the homing (routing) point for traffic
inbound to Telephone Exchange Services provided by
the LEC, which bear a certain NPA-NXX designation.
The Rating Point is also used to calculate mileage
measurements for the distance-sensitive transport
element charges of Switched Exchange Access Services.
Pursuant to Bellcore Practice BR 795-100-100, the
Rating 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 be any A-Z or 0-9. The Rating
Point/Routing Point must be located within the LATA
in which the corresponding NPA-NXX is located. However
Rating Point/Routing Point associated with each NPA-NXX
need not be the same as the corresponding Rate Center
Point, nor must it be located within the corresponding
Rate Center Area, nor must.there be a unique and separate
Rating Point corresponding to each unique and separate
Rate Center.
1.59
"Reciprocal Compensation" is As Described
in the Act, and refers to the payment arrangements
that recover costs incurred for the transport and
termination of Telecommunications traffic originating
on one Party's network and terminating on the other
Party' s network.
1.60
"Signal Transfer Point" or "STP"
performs a packet switching function that routes signaling
messages among network signaling points (including
other STPs) in order to set up calls and to query
databases for advanced services.
1.61
"Switched Access Detail Usage Data" means
a category 11 01XX record as defined in the EIVIR
Bellcore Practice BR 010-200-010.
1.62
"Switched Access Summary Usage Data" means
a category 1150XX record as defined in the EMIR Bellcore
Practice BIR 010200-010.
1.63
"Switched Exchange Access Service" means
the following types of Exchange Access Services: Feature
Group A, Feature Group B, Feature Group D, 800/888
access, and 900 access and their successors or similar
Switched Exchange Access services.
1.64
"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 Mbps (OC-1/STS-1)
and higher rates are direct multiples of the base
rate, up to 13.22 Gbps.
1.65
"Technically Feasible Point" is As Described
in the Act.
1.66
"Telecommunications" is As Defined in the
Act.
1.67
"Telecommunications Act" refers to the Telecommunications
Act of 1996 and any rules and regulations promulgated
thereunder.
1.68
"Telecommunications Carrier" is As Defined
in the Act.
1.69
"Telecommunications Service" is As Defined
in the Act.
1.70
"Telephone Exchange Service" is As Defined
in the Act.
1.71
"Telephone Toll Service" is As Defined in
the Act.
1.72
"Trunk Side" refers to a central office
switch connection that is capable of, and has been
programmed to treat the circuit as, connecting to
another switching entity, for example a private branch
exchange ("PBX") or another central office
switch. Trunk side connections offer those transmission
and signaling features appropriate for the connection
of switching entities, and cannot be used for the
direct connection of ordinary telephone station sets.
1.73
"Unbundled Element Bona Fide Request" means
the process described on Unbundled Element Bona Fide
Request that prescribes the terms and conditions relating
to a Party's request that the other Party provide
an unbundled Element or other service, function or
product not otherwise provided by the terms of this
Agreement.
1.74
"Wire Center" means 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.
2.0
INTERPRETATION AND CONSTRUCTION
All
references to Sections, Exhibits and Attachments shall
be deemed to be references to Sections of, and Exhibits
and Attachments to, this Agreement unless the context
shall otherwise require. The headings of the Sections
and the terms defined in Exhibit 1 are inserted for
convenience of reference only and are not intended
to be a part of or to affect the meaning or interpretation
of this Agreement. -Unless the context shall otherwise
require, any reference to any agreement,". other
instrument (including ILEC or other third party offerings,
guides . or practices), statute, regulation, rule
or tariff is to such agreement, instrument, statute,
regulation, rule or tariff as amended and supplemented
from time to time (and, in the case of a statute,
regulation, rule or tariff, to any successor provision).
3.0
IMPLEMENTATION SCHEDULE AND INTERCONNECTION
ACTIVATION
DATES
Subject
to the terms and conditions of this Agreement, Interconnection
of the Parties' facilities and equipment pursuant
to Sections 4.0, 5.0, 6.0,..7.0, 8.0, and 18.0, shall
be established on or before the corresponding "Interconnection
Activation Date" shown for each LATA on Implementation
Schedule.
Implementation
Schedule may be revised and supplemented from time
to time upon the mutual agreement of the Parties to
reflect the Interconnection of additional LATAs pursuant
to Section 4.5 by attaching one or more supplementary
schedules to such Exhibit.
4.0
NETWORK INTERCONNECTION ARCHITECTURE PURSUANT TO SECTION
251 (c)(2)
4.1
SCOPE
Section
4.0 describes the physical architecture for interconnection
of the Parties' facilities and equipment for the transmission
and routing of Telephone Exchange Service traffic
and Exchange Access traffic pursuant to Section 251
(c)(2) of the Act. Sections 5.0 and 6.0 prescribe
the specific trunk groups (and traffic routing parameters)
which will be configured over the physical connections
described in this Section 4.0 related to the transmission
and routing of Telephone Exchange Service traffic
and Exchange Access traffic, respectively. Other trunk
groups, as described in this Agreement, may be configured
using this architecture. Initially, CLEC and ILEC
will use a Physical Architecture as described in Section
4.2, and upon mutual agreement will transition to
a SONET Physical Architecture as described in Section
4.3.
4.1.1
In each LATA identified in Implementation Schedule
to this Agreement, the correspondingly identified
ILEC and CLEC Interconnection Wire Centers shall serve
as the ILEC Interconnection Wire Center ("IIWC")
and CLEC
Interconnection
Wire Center ("CIWC"), respectively, at which
points ILEC and CLEC will initially interconnect their
respective networks for interoperability within that
LATA.
4.1.2
CLEC and ILEC shall provision trunk circuits to one
another for interconnection at the CIWC and IIWC pursuant
to Sections 5.0, 6.0, 7.0, 8.0, and 18.0 of this Agreement.
CLEC shall interconnect to the ILEC 911 tandem either
via its own facilities or any certificated carrier's
facilities. ILEC shall initially interconnect to logically
and diversely routed CIWC trunk circuits from ILEC's
IIWC’s to CLEC’s CIWC, pursuant to Sections
4.0, 5.0, 6.0, and 7.0 of this Agreement. The interconnection
of these trunks shall be at the ILEC IIWC in each
LATA as identified on Implementation Schedule. The
agreed Physical Architecture that will be used is
described within this section.
4.2
Initial Physical Architecture
4.2.1
CLEC shall be responsible for maintaining sufficient
transmission facilities to interconnect to trunk circuits
provided
by ILEC at each IIWC. ILEC shall be responsible for
maintaining sufficient transmission facilities to
interconnect to trunk circuits provided by CLEC at
each CIWC. The initial physical architecture will
be electrical DS3 or IDS1 (or multiples thereof).
4.2.2
The physical architecture shall occur over Collocation
and/or leased facilities, including but not limited
to an ILEC SONET Smartring Node at either Party's
premises in accordance with Section 12.0, or any other
arrangement to which the Parties may mutually agree.
4.2.3
Specific trunk groups (and traffic routing parameters)
will be configured over the physical architecture
for transmission and routing of Telephone Exchange
Service traffic and for transmission and routing of
Exchange Access traffic pursuant to Sections 5.0 and
6.0, respectively.
4.2.4
Upon mutual agreement, at anytime during the term
of this Agreement, the Parties may transition to a
SONET transmission system, or any other mutually agreed
network interconnection architecture, for the applicable
LATA.
4.3
SONET Physical Architecture
Upon
mutual agreement, CLEC and ILEC shall jointly engineer
and operate a single Synchronous Optical Network ("SONET')
transmission system, or any other comparable arrangement
by which they shall interconnect their networks for
the transmission and routing of Telephone Exchange
Service traffic and Exchange Access traffic pursuant
to Section 251 (c)(2) of the Act. The Parties shall
each designate a single IIWC/ CIWC location where
each party has fiber optic cable connectivity. Unless
otherwise mutually agreed, this SONET
transmission
system shall be engineered, installed, and maintained
as described in this Section 4.0 and in the Joint
Grooming Plan (as defined in Section 8.0).
4.3.1
The Parties shall jointly determine and agree upon
the specific Optical Line Terminating Multiplexor
("OLTM") equipment to be utilized at each
end of the SONET transmission system. If the Parties
cannot agree on the OLTM, the following decision criteria
shall apply to the selection of the OLTM:
a)
First, the type of OLTM equipment utilized by both
Parties within the LATA. Where more than one type
of - OLTM equipment is used in common by the Parties
within the LATA, the Parties shall choose from among
the common types of OLTM equipment according to the
method described in subsection c) below;
b)
Second, the type of OLTM equipment utilized by both
Parties anywhere outside the LATA. Where more than
one type of OLTM equipment is used in common by the
Parties outside the LATA, the Parties shall choose
from among the common types of OLTM equipment according
to the method described in subsection (c) below; and
c)
Third, the Party first selecting the OLTM equipment
shall be determined by lot and the choice to select
such OLTM equipment shall thereafter alternate between
the Parties.
4.3.2
ILEC shall, wholly at its own expense, procure, install
and maintain the agreed upon OLTM equipment in the
ILEC Interconnection Wire Center (IIWC) identified
for each LATA set forth in -Implementation Schedule
in capacity sufficient to provision and maintain all
logical trunk groups prescribed by Sections 5.0 and
6.0.
4.3.3
CLEC shall, wholly at its own expense, procure, install
and maintain the agreed upon OLTM equipment in the,
Interconnection Wire Center (' CIWC") identified
for that LATA in Implementation Schedule in capacity
sufficient to provision and maintain all logical trunk
groups prescribed by Sections 5.0 and 6.0.
4.3.4
ILEC shall designate a manhole or other suitable entry-way
immediately outside the IIWC as a Fiber-Meet entry
point, and shall make all necessary preparations to
receive, and to allow and enable to deliver, fiber
optic facilities into that manhole with sufficient
spare length to reach the OLTM equipment in the IIWC
shall deliver and maintain such strands wholly at
its own expense.
4.3.5
CLEC shall designate a manhole or other suitable entry-way
immediately outside the CIWC as a Fiber-Meet entry
point, and shall make all necessary preparations to
receive, and to allow and enable ILEC to deliver,
fiber optic facilities into that manhole with sufficient
spare length to reach the OLTM equipment in the CIWC.
ILEC shall deliver and maintain such strands wholly
at its own expense.
4.3.6
CLEC shall pull the fiber optic strands from the designated
manhole/entry-way into the CIWC and through appropriate
internal conduits CLEC utilizes for fiber optic facilities
and shall connect the ILEC strands to the OLTM equipment
CLEC has installed in the CIWC.
4.3.7
ILEC shall pull the fiber optic strands from the ILEC
designated manhole/entry-way into the. IIWC and through
appropriate internal conduits ILEC utilizes for fiber
optic facilities and shall connect the strands to
the OLTM equipment ILEC has installed in the IIWC.
4.3.8
Each Party shall use its best efforts to ensure that
fiber received from the other Party will enter the
Party's Wire Center through a point separate from
that which the Party's own fiber exited.
4.3.9
The Parties shall jointly coordinate and undertake
maintenance of the SONET transmission system. Each
Party shall be responsible for maintaining the components
of the SONET transmission system.
4.4
Technical Specifications
4.4.1
CLEC and ILEC shall work cooperatively to install
and maintain a reliable network. CLEC and ILEC shall
exchange appropriate information - e.g., maintenance
contact numbers, network information, information
required to comply with law enforcement and other
security agencies of the Government and such other
information as the Parties shall mutually agree –
to achieve this desired reliability.
4.4.2
CLEC and ILEC shall work cooperatively to apply sound
network management principles by invoking network
management controls to alleviate or to prevent congestion.
4.5
Interconnection In Additional LATAs
4.5.1
If CLEC determines to offer Telephone Exchange Services
in any other LATA in which ILEC also offers Telephone
Exchange Services, CLEC shall provide written notice
to ILEC of the need to establish Interconnection in
such LATA pursuant to this Agreement.
4.5.2
The notice required by Section 4.5.1 shall include
(i) the initial Routing Point CLEC has designated
in the new LATA; (ii) CLEC's requested Interconnection
Activation Date; and (iii) a non-binding forecast
of CLEC's trunking requirements.
4.5.3
The Parties shall mutually agree to designate single
CLEC and ILEC Wire Centers to facilitate efficient
and robust network.
4.5.4
Unless otherwise agreed by the Parties, the Interconnection
Activation Date in each new LATA shall
be
the earlier of (i) the date mutually agreed by the
Parties and (ii) the date that is one-hundred twenty
(120)
days
after the date on which CLEC-delivered notice to ILEC
pursuant to Section 4.5. 1. Within ten (10) business
days of ILEC's receipt of CLEC’s notice, ILEC
and CLEC shall confirm the IIWC, the CIWC and the
Interconnection Activation Date for the new LATA by
attaching a supplementary schedule to Implementation
Schedule.
5.0
TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE
SERVICE
TRAFFIC PURSUANT TO SECTION 251 (c)(2)
5.1
SCOPE
Section
5.0 prescribes parameters for trunk groups (the "Local/IntraLATA
Trunks") to be effected over the interconnections
specified in Section 4.0 for the transmission and
routing of Local Traffic and IntraLATA Toll Traffic
between the Parties' respective Telephone Exchange
Service Customers and where such traffic is not presubscribed
for carriage by a third party carrier.
5.2
Trunk Connectivity: The Parties shall reciprocally
terminate Local/intraLATA Traffic and Information
Services Traffic, originating on each other's networks.
The Parties shall jointly engineer and configure Local/IntraLATA
Trunks over the physical interconnection arrangements
as follows:
5.2.1
ILEC shall make available to CLEC at the IIWC, local/intraLATA
trunk connections over which CLEC may terminate traffic
as described herein. These trunk connections shall
be subsequently referred to as "IIWC trunks."
5.2.2
CLEC shall make available to ILEC at the CIWC, local/intraLATA
trunk connections over which ILEC may terminate traffic
as described herein. These trunk connections shall
be subsequently referred to as IIWC trunks."
5.2.3
IIWC and CIWC trunk connections shall be made at a
DS1 or multiple DS1 level, including SONET. The ordering
of the trunks associated with these trunking arrangements
will be via industry accepted format/specifications.
5.2.4
CLEC shall deliver all end user to end user local
and intraLATA traffic within the LATA to each ILEC
IIWC identified in Implementation Schedule CLEC understands
and agrees that ILEC cannot guarantee a P.01 level
grade of service for local and intraLATA traffic that
is routed through two access tandems.) CLEC agrees
to terminate local end user to end user traffic directly
to additional ILEC Access Tandems in the LATA once
CLEC’s terminating end user to end user local
traffic volumes exceed 150,000 monthly minutes of
use consistently to those access tandems.
5.2.5
Initial CIWC trunks will be configured in a manner
as depicted in Exhibit 5.0. ILEC shall deliver all
end user to end user local and intraLATA traffic within
the LATA to each CLEC CIWC identified in Implementation
Schedule.
5.2.6
The Parties shall establish special IIWC and CIWC
trunk groups as needed to allow for ISDN interoperability
utilizing the B8ZS ESF protocol for 64 Kbps clear
channel transmission.
5.3
Use of I-Way and 2-Way Trunks
The
Parties agree to make their best efforts to implement
two-way trunks by __________________(Date), and sooner
if possible. Initially, the Parties will configure
all Local/IntraLATA trunk groups as one-way trunks
or as two-way trunks by __________________(Date),
by issuance of an ASR from CLEC.
5.4
Signaling
5.4.1
The Parties will provide Common Channel Signaling
(CCS) to one another, where and as available, in conjunction
with all IIWC and CIWC trunk groups. The costs for
such CCS shall be shared equally by the Parties on
a 50/50 basis. The Parties will cooperate on the exchange
of Transactional Capabilities Application Part (TCAP)
messages to facilitate full inter-operability of CCS-based
features between their respective networks, including
all CLASS features and functions, to the extent each
carrier offers such features and functions to its
own end users. All CCS signaling parameters will be
provided, including calling party number (CPN), originating
line information (OLI), calling party category, charge'
number, etc. The Parties will work cooperatively to
provide calling party name delivery service to each
other. All privacy indicators will be honored. Network
signaling ' information such as Carrier Identification
Parameter (CCS platform) and CIC/OZZ information (non-CCS
environment) will be provided wherever such information
is needed for call routing or billing. For traffic
for which CCS is not available, in-band multi-frequency
(IVIF), wink start, E&M channel-associated signaling
with ANI will be forwarded.
5.4.2
The Parties shall establish company-wide CCS interconnections
STP-to-STP. Such interconnections shall be made at
the CIWC and IIWC, and other points, as necessary
and as jointly agreed to by the parties. During the
term of this Agreement neither party shall charge
the other Party additional usage sensitive rates for
SS7 queries made for Local Traffic.
5.4.3
The Parties shall adhere to ILEC's engineering specifications
for signaling.
5.5
Reserved
5.6
Grades of Service
The
Parties shall initially engineer and shall jointly
monitor and enhance all trunk groups consistent with
the Joint Grooming Plan.
5.7
Measurement and Billing
5.7.1
At such time as both parties' systems are capable
of utilizing Calling Party Number (CPN) for billing
purposes, they will work cooperatively to transition
to a billing arrangement which is based upon CPN.
5.7.2
Measurement of billing minutes of use for traffic
exchanged pursuant to this Section 5.0 shall be in
actual conversation seconds. The total conversation
seconds per chargeable traffic type over each individual
trunk group will be totaled for the entire monthly
bill-round and then rounded to the next whole minute.
5.7.3
FGD charges for intraLATA traffic carried together
with Local Traffic over a combined trunk group shall
be calculated as follows:
a)
FGD charges for intraLATA traffic shall be applied
as if the IIWC is the serving Wire center for the
FGD service.
b)
IntraLATA traffic which would otherwise be subject
to originating FGD charges will be rated and billed
according to procedures which otherwise apply for
the rating and billing of originating FGD traffic.
c)
The percentage of local usage (PLU) factor should
be calculated by dividing the Local Traffic by the
total Local Traffic and intraLATA intrastate traffic
(the sum of the Local Traffic percentage and the intraLATA
intrastate percentage should equal 100%). The reporting
of the PLU factor should follow the same guidelines
as defined for PlUs.
The
Local Traffic percentage will be applied to the terminating
intrastate traffic to determine the terminating Local
Traffic usage.
5.8
Reciprocal Compensation Arrangements
The
Parties shall compensate one another for the provision
of traffic exchange arrangements pursuant to this
Section 5.0, only as set forth herein.
5.8.1
Reciprocal Compensation applies for transport and
termination of Local Traffic (including EAS and EAS-like
traffic) billable by ILEC or CLEC which a Telephone
Exchange Service Customer originates on ILEC's or
CLEC’s network for termination on the other Party's
network.
5.8.2
The Parties shall compensate each other for transport
and termination of Local Traffic (local call termination)
at a single identical, reciprocal and equal rate as
set forth in Exhibit 8.
5.8.3
The Reciprocal Compensation arrangements set forth
in this Agreement are not applicable to Switched Exchange
Access Service. All Switched Exchange Access Service
and all IntraLATA Toll Traffic shall continue to be
governed by the terms and conditions of the applicable
federal and state tariffs.
5.8.4
Each Party shall charge the other Party its,effective
tariffed intraLATA FGD switched access rates for the
transport and termination of all IntraLATA Toll Traffic,
which includes intraLATA 800 service.
5.8.5
Compensation for transport and termination of all
traffic which has been subject to performance of INP
by one Party for the other Party pursuant to Section
13.2 shall be compensated per the following:
a)
Compensation for INP calls between CLEC and ILEC for
all traffic, including forwarded interexchange carrier
calls, will be compensated at reciprocal compensation
charges (Section 5.8.2) and Switched Access charges
(pursuant to each carrier's respective access tariffs,
Sections 5.8.3 and 5.8.4), for local (including EAS)
traffic, intraLATA switched access, interLATA interstate
and intrastate traffic, respectively, as if the caller
had directly dialed the new telephone number.
b)
In INP arrangements, in order to effect this pass-through
of reciprocal compensation and Switched Access charges
to which each carrier would otherwise have been entitled
if the ported traffic had been directly dialed to
the new number, each carrier will be required to classify
and include ported traffic in its quarterly percentage
of use reports as Local, intrastate intraLATA, intrastate
interLATA, or interstate interLATA. The quarterly
filed percentage of use reports will be applied on
a monthly basis against the total minutes billed for
the month to approximate INP billed revenues.
6.0
TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC
PURSUANT
TO 251(c)(2)
6.1
SCOPE
Section
6.0 prescribes parameters for certain trunk groups
("IXC Exchange/3rd Party Trunks") to be
established over the Interconnections specified in
Section 4.0 for the transmission and routing of Exchange
Access
traffic between CLEC Telephone Exchange Service Customers
and Interexchange Carriers.
6.2
Trunk Group Architecture and Traffic Routing
6.2.1
The Parties shall jointly establish IXC Exchange/3rd
Party Trunks by which they will jointly provide tandem-transported
Switched Exchange Access services to Interexchange
Carriers to enable such Interexchange Carriers to
originate and terminate traffic from/to CLEC’s
Customers. The interconnection of these trunks shall
be at the ILEC IIWC in each LATA as identified on
Implementation Schedule.
6.2.2.1.
IXC Exchange/3rd Party Trunks shall be used for the
transmission and routing of Exchange Access to allow
CLEC’s Customers to connect to or be connected
to the interexchange trunks of any Interexchange Carrier
which is connected to an ILEC Access Tandem, and in
accordance with Exhibit 5.
6.2.3
The IXC Exchange/3rd Party Trunks shall be two-way
trunks connecting an End Office Switch CLEC utilizes
to provide Telephone Exchange Service and Switched
Exchange Access in a given LATA to an Access Tandem
Switch ILEC utilizes to provide Exchange Access in
such LATA.
6.2.4
The Parties shall jointly determine which ILEC access
Tandem(s) will be sub-tended by each CLEC End Office
Switch. Except as otherwise agreed by the Parties,
ILEC shall allow each CLEC End Office Switch to sub-tend
the access Tandem nearest to the Routing Point associated
with the NXX codes assigned to that End Office Switch
and shall not require that a single CLEC End Office
Switch sub-tend multiple access Tandems, even in those
cases where such End Office Switch serves multiple
Rate Centers.
6.2.5
ILEC shall, except in instances of capacity limitations,
permit and enable to sub-tend the ILEC access tandem
switch(es) nearest to the CLEC Rating Point(s) associated
with the NPA-NXX(s) to/from which the Switched Access
Services are homed. In instances of capacity limitation
at a given access tandem switch, CLEC shall be allowed
to sub-tend the next-nearest ILEC access tandem switch
in which sufficient capacity is available. The Meet
Point Billing ("MPB") percentages for each
new Rating Point/access tandem pair shall be calculated
according to one of the three methods identified in
the MECAB document.
CLEC
shall inform ILEC of the tandem(s) it wishes to sub-tend
in any new LATA and the parties shall jointly determine
the calculation of the billing percentages which should
apply for such arrangement. CLEC will deliver notice
to ILEC of all new routes. ILEC and CLEC shall confirm
each new route and associated billing percentages
in a Letter of Understanding, and shall file these
percentages in NECA Tariff No. 4, within a reasonable
time following receipt of CLEC’s notice by ILEC.
6.
3 Meet Point Billing Arrangements
Meet
Point Billing arrangements between the Parties for
jointly provided Switched Exchange Access Services
on IXC Exchange/3rd Party Trunks will be governed
by the terms and conditions of this Section 6.0 and
Exhibit 4 for Switched Access Meet Point Billing and
shall be billed at each Party's applicable switched
access rates.
6.3.1
and ILEC will establish meet point billing arrangements
in order to provide a common transport option to Switched
Access Services customers via a ILEC access tandem
switch, in accordance with the Meet Point Billing
guidelines adopted by and contained in the Ordering
and Billing Forum's MECAB and MECOD documents, except
as modified herein, and in Exhibit 4. The arrangements
described in this Section 6.0 and in Exhibit 4 are
intended to be used to provide Switched Access Service
that originates and/or terminates on a CLEC-provided
Telephone Exchange Service where the transport component
of the Switched Access Service is routed through a
ILEC-provided tandem switch.
6.3.2
Common channel signaling ("CCS") shall be
utilized in conjunction with meet point billing arrangements
to the extent such signaling is resident in the ILEC
access tandem switch.
6.3.3
CLEC and ILEC will use their best reasonable efforts,
individually and collectively, to maintain provisions
within the National Exchange Carrier Association ("NECA")
Tariff No. 4, or any successor tariff, sufficient
to reflect the MPB arrangements between the parties,
including Exhibit 4.
6.3.4
Each Party shall implement the "Multiple Bill/Single
Tariff" option in order to bill an IXC for the
portion of the jointly provided telecommunications
service provided by that Party. For all traffic carried
over the MPB arrangement, each Party shall only bill
the rate elements identified for it in Exhibit 4.
For transport elements subject to billing percentages,
each Party shall utilize the billing percentages as
filed in NECA Tariff No. 4, or any successor tariff.
The IVIPB percentages for each route shall be calculated
according to one of the three methods identified in
the MECAB document, and the Parties agree to work
cooperatively to establish percentages as necessary.
The actual rate values for each element shall be the
rates contained in that Party's own effective Federal
and State access tariffs. The Parties shall utilize
a monthly billing period for meet point billing.
6.3.5
ILEC shall provide to CLEC the billing name, billing
address, and CIC of the IXCs in order to comply with
the MPB Notification process as outlined in the MECAB
document and pursuant to OBF guidelines.
6.3.6
Access usage data will be exchanged between the Parties
in a manner acceptable to both Parties. If access
usage data is not processed and delivered by either
Party as agreed and in turn such other Party is unable
to bill the IXC, the delivering Party will be held
liable for the amount of lost billing.
6.3.7
The parties agree that further discussion is required
regarding a "Single Bill" option for the
delivery of a single consolidated billing statement
each month.
6.3.8
In the event errors are discovered by CLEC, the IXC
or ILEC both ILEC and CLEC agree to provide the other
Party with notification of any discovered errors within
two (2) business days of the discovery. In the event
of a loss of data, both Parties shall cooperate to
reconstruct the lost data and, if such reconstruction
is not possible, shall accept a reasonable estimate
of the lost data based upon three (3) to twelve (12)
months of prior usage data. Errors that are discovered
by the IXC or billing disputes that originate from
the IXC will be handled by the parties in accordance
with the MECAB document.
6.3.9
Either Party may request a review or audit of the
various components of access recording. Such review
or audit shall be conducted subject to confidentiality
protection.
6.3.10
The Parties shall not charge one another for the services
rendered or information provided pursuant to this
Section 6.0 of this Agreement.
6.3.11
MPB will apply for all traffic bearing the 800, 888,
or any other non-geographic NPA which may be likewise
designated for such traffic in the future, where the
responsible party is an IXC. In those situations where
the responsible party for such traffic is a LEC, full
switched access rates will apply.
7.0
TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1
Information Services
Prior
to the time that CLEC and ILEC route Information Services
traffic to one another, they shall agree to exchange
rating and billing information to effectively allow
one another to bill their respective end users.
7.2
BLV/BLVI Traffic
For
BLV/BLVI Traffic, each Party's operator bureau shall
accept BLV/BLVI* inquiries from the operator bureau
of the other Party, in order to allow transparent
provision of Busy Line Verification ("BLV') and
Busy Line Verification and Interrupt ("BLVI")
services between their networks. CLEC, at its option,
shall route BLV and BLVI inquiries to ILEC's operator
bureau over the appropriate IIWC trunks within the
LATA. ILEC, at its option, shall route BLV and BLVI
inquiries to CLEC's operator bureau over the appropriate
CIWC trunks within the LATA. Each Party shall compensate
the other Party for BLV and BLVI inquiries according
to the effective ILEC rates identified in Attachment
C-10, which may be modified to reflect future tariff
changes.
7.3
Transit Function
7.3.1
ILEC agrees that it shall provide a Transit Function
to CLEC on the terms and conditions set forth in this
Section 7.3 and at a rate set forth in Exhibit 8.
7.3.2
"Transit Function" means the delivery of
certain traffic between CLEC and a third party LEC
by ILEC over the IXC Exchange/3rd Party Trunks. The
following traffic types will be delivered: (i) Local
Traffic originated from CLEC to such third party LEC,
(ii) Local Traffic originated from such third party
LEC and terminated to CLEC and (iii) Wireless traffic,
if any, that is carried over the IXC Exchange/3rd
Party Trunks.
7.3.3
While the Parties agree that it is the responsibility
of each third party LEC to enter into arrangements
to deliver Local Traffic to CLEC, they acknowledge
that such arrangements are not currently in place.
ILEC will, unless notified to the contrary, pass 3rd
party LEC traffic to/from CLEC. Nothing in this provision
shall prohibit either Party from establishing other
financial arrangements for this transit traffic with
the other LECs from/to whose network such traffic
ultimately originates or terminates. It is acknowledged
by both Parties that the terminating carrier should
receive compensation with either the intermediary
carrier providing a billing clearinghouse function
for these calls or the originating and terminating
carrier compensating each other directly.
7.3.4
ILEC expects that all networks involved in transit
traffic will deliver each call to each involved network
with CCS and the appropriate Transactional Capabilities
Application Part ("TCAP") message to facilitate
full interoperability and billing functions. In all
cases, CLEC is responsible to follow the Exchange
Message Record ("EMR") standard and exchange
records with both ILEC and the terminating LEC to
facilitate the billing process to the originating
network.
7.3.5
For purposes of this Section 7.3, ILEC agrees that
it shall make available to CLEC at CLEC’s sole
option, any transiting arrangement ILEC offers to
another Local Exchange Carrier at the same rates,
terms and conditions provided to such other Local
Exchange Carrier.
7.3.6
Where CLEC routes Local Traffic, BLV/BLVI Traffic,
or Information Services Traffic to other LECs via
the IIWC trunks (or a subsequently consolidated two-way
trunk group pursuant to the Joint Grooming Plan prescribed
in Section 8.0), CLECshall pay ILEC only a single
per minute of use transit charge as identified in
Exhibit 8. Where ILEC routes Local Traffic, BLV/BLVI
Traffic, or Information Services Traffic originated
from another LEC to CLEC via the CIWC trunks (or a
subsequently consolidated two-way trunk group pursuant
to the Joint Grooming Plan prescribed in Section (8.0),
neither party shall apply a transiting charge to the
other.
8.0
JOINT GROOMING PLAN AND INSTALLATION, MAINTENANCE,
TESTING AND REPAIR
8.1
Joint Grooming Plan
CLEC
and ILEC will jointly develop and agree on a Joint
Interconnection Grooming Plan which shall define and
detail, inter alia, prescribing standards to ensure
that IIWC and CIWC trunk groups experience a consistent
P.01 or better grade of service, and other appropriate,
relevant industry-accepted quality, reliability and
availability standards. Such plan shall also include
mutually agreed upon default standards for the configuration
of segregated IIWC trunk groups and segregated WC
trunk groups. In addition, the plan shall also include
standards and procedures for notification Of trunk
disconnections and discoveries of trunk disconnections.
The plan shall include definitive parameters which
define under what circumstances the parties may transition
trunk groups to two-way trunk groups. The Parties
will use their best collective good faith efforts
to complete and agree on such plan within 180 days
following execution of this Agreement. Furthermore,
the plan should include maintenance of the SONET transmission
system, disaster
recovery
provision escalations, and such other matters as the
Parties may agree.
8.2
Installation, Maintenance, Testing, and Repair
Unless
otherwise identified within the Agreement or mutually
agreed, ILEC's standard intervals for Feature Group
D Exchange Access Services will be used for interconnection.
CLEC shall meet the same intervals for comparable
installations, maintenance, joint testing, and repair
of its facilities and services associated with or
used in conjunction with Interconnection or shall
notify ILEC of its inability to do so and will negotiate
such intervals in good faith.
9.0
UNBUNDLED ACCESS -- SECTION 251(c)(3)
9.1
Local Loop Transmission Types
Subject
to Section 9.4, ILEC shall allow CLEC to access the
following Loop types (in addition to those Loops available
under applicable tariffs) unbundled from local switching
and local transport in accordance with the terms and
conditions set forth in this Section 9.0:
--2-Wire
Analog Loops,
--4-Wire
Analog Loops,
--2-Wire
ISDN Digital Grade Links or BRI ISDN,
--2-Wire
ADSL-Compatible Loops,
--2-Wire
HDSL-Compatible Loops, and
--4-Wire
HDSL-Compatible Loops.
Loops
will be offered hereunder on the terms and conditions
specified herein and on such other terms in applicable
tariffs that are not inconsistent with the terms and
conditions set forth herein and the principles enumerated
in Commission and/or FCC rules or orders.
9.2
Port Types
ILEC
shall make available to CLEC unbundled Ports at the
rates specified in Attachment C-16. CLEC may, at its
option, elect a rate that ILEC is obligated to provide
to any other LEC operating within its service territory
as a result of any proceeding before any Court, State
Commission or the FCC or any voluntary agreement
or
arbitration proceeding pursuant to the Act or pursuant
to any applicable state law. The Parties may mutually
agree to negotiate rates for unbundled switching that
will enable CLEC to provide a loop to be cross-connected
to a ILEC switch.
9.3
Private Lines, Unbundled Loops, and Special Access
ILEC
shall make available to CLEC private lines, unbundled
loops, and special access services in accordance with
the terms and conditions of and at the rates specified
in applicable tariffs and/or orders consistent with
Commission and/or FCC pricing principles.
9.4
Limitations on Unbundled Access
9.4.1
CLEC shall access ILEC's unbundled Network Elements
via Collocation in accordance with Section 12 at an
ILEC premises where those elements exist and each
Loop or Port shall be delivered to CLEC’s Collocation
by means of a Cross Connection.
9.4.2
If CLEC orders a Loop type and the distance requested
on such Loop exceeds the transmission characteristics
as referenced in the corresponding Technical Reference
specified below, distance extensions may be required
and additional rates and charges may apply and will
be -developed and reviewed based upon costs consistent
with, and subject to, Commission and/or FCC rules
for the pricing of unbundled network elements.
Loop Type Technical Reference/Limitation
Electronic
Key Line 2.5 miles
ISDN
Bellcore TA-NWT-000393
HDSL2W
T1E1 Technical Report Number 28
HDSL4W
T1E1 Technical Report Number 28
ADSI-2W
ANSI T1.413-1995 Specification
9.5
Provisioning of Unbundled Loops
Installation
intervals for service established via Unbundled loops
will be handled in the same timeframe as ILEC provides
services to its own customers, as measured from date
of customer order to date of customer delivery. ILEC
will make best effort to install unbundled loops by
the Customer Desired Due Date (CDDD) where facilities
permit. Service requests with a shorter than standard
interval or those that require out-of-hours provisioning
may be subject to additional charges.
9.6
Pricing Provisions
CLEC
shall compensate ILEC for Unbundled Loops at the rates
set forth in Attachment C-15.
9.7
Request for Access To Other Unbundled Elements
9.7.1
ILEC shall, upon request of CLEC and to the extent
technically feasible, provide to CLEC access to its
unbundled elements for the provision of CLEC’s
communications service. Any request by CLEC for access
to a ILEC unbundled element that is not already available
shall be treated as an unbundled element Bona Fide
Request. The Parties shall adhere to the process as
agreed and described in Unbundled Element Bona Fide
Request - Section 251 (c)(3).
9.7.2
Rates for other Unbundled Elements shall be determined
pursuant to Section 252(d) of the Act and will be
agreed to at the time of the request.
9.7.3
An Unbundled Element obtained by CLEC from ILEC under
this Section 9.0 may be used in combination with the
facilities of CLEC, only to provide a Telecommunications
Service, including obtaining billing and collection,
transmission, and routing of the Telecommunications
Service.
9.7.4
Notwithstanding anything to the contrary in this Section
9.0, ILEC shall not be required to provide a proprietary
Unbundled Element to CLEC under this Section 9.0 except
as required by the Commission or FCC.
9.8
Unbundled Element Interconnection and Maintenance
9.8.1
Interconnection shall be achieved via Collocation
arrangements CLEC shall maintain at the ILEC premises
at which the unbundled elements are resident.
9.8.2
CLEC and ILEC shall work cooperatively so that each
Loop may be delivered to the CLEC-Collocation arrangement
over an individual 2/4-Wire hand-off, in multiples
of 24 over a digital DS1 hand-off in any combination
or order CLEC may specify, or through other technically
feasible and economically comparable hand-off arrangements
requested by CLEC (e.g., SONET STS-1 hand-off).
9.8.3
All switched and transport-based features, functions,
service attributes, grades-of-service, install, maintenance
and repair intervals which apply to services provided
to ILEC end users will apply to like services ordered
by CLEC.
9.8.4
ILEC will use its best efforts to bill all unbundled
loop facilities purchased by CLEC (either directly
or by previous assignment by a customer) on a single
consolidated statement per LATA.
9.8.5
Where ILEC utilizes digital loop carrier ("DLC")
technology to provision the Loop of bundled Telephone
Exchange Service to an end user customer who subsequently
determines to assign the loop to CLEC and receive
Telephone Exchange Service from CLEC via such a Loop,
ILEC shall, where technically feasible deliver such
Loop to CLEC on an unintegrated basis, pursuant to
CLEC’s chosen hand-off architecture, without
a degradation of end-user service or feature availability.
9.8.6
ILEC will permit CLEC to physically collocate digital
loop carriers (DLC) and associated equipment at ILEC
premises, including but not limited to, ILEC Smartring
services (nodes) CLEC may be leasing from ILEC for
the purpose of interconnecting to unbundled loops.
9.8.7
ILEC and CLEC will work cooperatively toward interim
and long term arrangements by which CLEC may place,
verify and receive confirmation on orders for unbundled
elements via an industry accepted (e.g. OBF developed)
format/specification. In addition, ILEC shall provide
CLEC with an appropriate on-line electronic file transfer
arrangement by which CLEC may issue and track trouble-ticket
and repair requests associated with interconnection
trunking, unbundled loops, and service provider number
portability arrangements.
9.9
Unbundled Local Transport--Section 271
ILEC
shall provide CLEC with access to unbundled local
transport from the trunk side of a wireline local
exchange carrier switch unbundled from switching or
other services and priced consistent with Section
252
of
the Act and/or Commission and/or FCC order.
9.10
Unbundled Switching--Sections 251(c)(3) and 271
ILEC
shall provide CLEC with access to local switching
unbundled from local transport, local loop transmission,
and other services priced in accordance with Section
252 of the Act and/or Commission and/or FCC order.
10.0
RESALE OF ILEC LOCAL TELEPHONE EXCHANGE
SERVICES--SECTIONS
251(c)(4) and 251(b)(1)
10.1
Availability of Services
Unless
mutually agreed otherwise in a subsequent agreement,
ILEC shall make available to CLEC all retail services
for resale subject to applicable Federal and/or State
Proceedings and/or arbitrations and/or
other
ILEC Resale agreements negotiated with other parties
and/or Resale tariffs.
10.2
Resale Agreement Amendment
CLEC
and ILEC agree to execute an amendment to this Agreement
consistent with Resale provisions contained in any
Commission and/or FCC orders and/or rules. Unless
otherwise mutually agreed, the terms, conditions,
rates, and clauses contained within the Agreement
will also apply to the Resale Amendment to this Agreement.
10.3
Availability of Wholesale Prices
All
of the ILEC-provided services available for resale
shall be priced at ILEC retail price levels less avoided
costs. The wholesale discounts are set forth in Attachment
D. At CLEC’s option, ILEC shall make available
to CLEC the most favorable nondiscriminatory tariff
or contract wholesale prices. Unless otherwise mutually
agreed, the prices charged to V for resale will be
consistent with Resale provisions contained in an
Commission and/or FCC order and/or rules or tariffs.
- NOTICE
OF CHANGES – SECTION 251(c)(5).
-
If
a Party makes a change in its network which it
believes will materially affect the inter-operability
of its network with the other Party, the Party
making the change shall provide at least ninety
(90) days advance notice of such change to the
other Party.
-
COLLOCATION
– SECTION (c)(6).
- Physical
Collocation
-
ILEC
shall provide to CLEC Physical Collocation
of equipment necessary for Interconnection
(pursuant to Section 4.0) or for access to
Unbundled Elements (pursuant to Section 9.0),
at its premises including, but not limited
to SONET Smartring locations. Such physical
collocation shall be consistent with Section
251 (c)(6) of the Act, and/or Commission and/or
FCC rules or orders.
ILEC
shall provide such Collocation for the purpose
of Interconnection or access to Unbundled
Network Elements, except as otherwise mutually
agreed to in writing by the Parties or as
required by the FCC or the Commission and
subject to applicable federal and state tariffs.
-
Virtual
Initially Configured for Physical
Where
CLEC is Virtually Collocated on the Effective Date
in a premises that was initially prepared for Physical
Collocation, CLEC may elect to (I) retain its Virtual
Collocation in that premises and expand that Virtual
Collocation according to current procedures and applicable
tariffs, or (ii) revert to Physical Collocation, in
which case CLEC shall coordinate with ILEC for rearrangement
of its equipment (transmission and DLC) and circuits,
for which ILEC shall impose no conversion charge where
the initial physical collocation arrangement was left
in place. All applicable Physical Collocation charges
shall apply.
12.3
Virtual Initially Configured for Virtual
Where
CLEC is Virtually Collocated in a premises which was
initially prepared for Virtual Collocation, CLEC may
elect to (i) retain its Virtual Collocation in that
premises and expand that Virtual Collocation according
to current procedures and applicable tariffs, or (ii)
unless it is not practical for technical reasons or
because of space limitations, convert its Virtual
Collocation to Physical Collocation at such premises,
in which case CLEC shall coordinate the construction
and rearrangement with ILEC of its equipment (transmission
and IDLC) and circuits for which CLEC shall pay ILEC
at applicable tariff rates. In addition, all applicable
Physical Collocation charges shall apply.
12.4
Transport for Collocation
For
both Physical Collocation and Virtual Collocation,
the Collocating Party shall provide its own or third-party
leased transport facilities and may obtain unbundled
network transmission elements and terminate those
transport facilities in equipment located in its Collocation
space at the Housing Party's premises as described
in applicable tariffs or contracts and purchase Cross
Connection to services or facilities as described
in applicable tariffs or contracts consistent with
Commission and/or FCC orders.
12.5
Cross Connection
Where
CLEC collocates at a ILEC premises, whether IIWC,
or other premises, for whatever purpose, ILEC shall
allow CLEC to directly interconnect to any other entity
which maintains a Collocation facility at that same
premises. ILEC shall enable such interconnection by
effecting a cross connection between those Collocation
facilities, as jointly directed by CLEC and the other
collocated entity. For each such cross connection,
ILEC shall charge the otherwise applicable standard
tariff or contract special access cross-connect rate
to the collocated parties.
The
rates for physical collocation shall be those set
forth in the Physical Collocation Master Agreement.
- NUMBER
PORTABILITY – SECTION (b)(2).
- 13.0
Procedures for Providing Interim Number Portability
-
ILEC
and CLEC will provide Local Telephone Number
Portability ("LTNP") on a reciprocal
basis between their networks to enable each
of their end user customers to utilize telephone
numbers associated with a Telephone Exchange
Service provided by one Party, in conjunction
with a Telephone Exchange Service provided by
the other Party, upon the coordinated or simultaneous
termination of the first Telephone Exchange
Service and activation of the second Telephone
Exchange Service.
-
Procedures
for Providing Interim Number Portability
CLEC
and ILEC will provide reciprocal LTNP to one another
via Interim Number Portability ("INP") measures.
INP shall operate as follows:
13.2.1
An end user customer of Party A elects to become an
end user customer of Party B. the end user customer
elects to utilize the original telephone number(s)
corresponding to the Telephone Exchange Service(s)
it previously received from Party A, in conjunction
with the Telephone Exchange Service(s) it will now
receive from Party B. Upon receipt of a service order
assigning the number to Party B (assuming Party B
has on file a letter of authorization from the end
user customer), Party A will implement an arrangement
whereby all calls to the original telephone number(s)
will be forwarded to a new telephone number(s) designated
by Party B. Party A will route the forwarded traffic
to Party B over the appropriate traffic exchange trunk
groups, as if the call had originated on Party A's
network.
13-2.2
Party B will become the customer of record for the
original Party A telephone numbers subject to the
INP arrangements. Party A will provide Party B a single
consolidated master billing statement for the INP
capability with the statement being consistent with
industry accepted guidelines. The billing of all collect,
calling card, and 3rd-number billed calls associated
with those numbers, can be processed in one of two
ways: 1) on the single consolidated master billing
statement by sub account detail, by retained number
and delivered via electronic data transfer, or monthly
magnetic tape or 2) via an optional daily usage file.
The Parties agree to work cooperatively to develop
a process for transmitting usage through CIVIDS.
13-2.3
Party A will update its Line Information Database
("LlDB") listings for retained numbers,
and cancel calling cards associated with those forwarded
numbers, as directed by Party B. In addition, Party
A will update the retained numbers in the LIDB with
the screening options provided by Party B. The Parties
agree that ILEC requires a signed LIDB storage agreement
to store ported numbers in its LIDB; the Parties agree
to work cooperatively to negotiate such an agreement
in good faith.
13-2.4
Within two (2) business days of receiving notification
from the end user customer, Party B shall notify Party
A of the customer's termination of service with Party
B, and shall further notify Party A as to that customer's
instructions regarding its telephone number(s). Party
A will reinstate service to that customer, cancel
the INP arrangements for that customer's telephone
number(s), or redirect the INP arrangement to another
INP-participating LEC, pursuant to the customer's
instructions at that time.
13.3
Migration to Permanent Number Portability
ILEC
and CLEC will migrate from INP to a database-driven
Permanent Number Portability ("PNP") arrangement
as soon as practically possible, without interruption
of service to their respective customers.
13.4
Coordination of Number Portability with Unbundled
Elements
Under
either an INP or PNP arrangement, CLEC and ILEC will
implement a process to coordinate LTNP cut-overs with
unbundled Loop conversions (as described in Section
9.0 of this Agreement).
13.5
Cost Recovery of Number Portability
CLEC
and ILEC shall provide INP arrangements to one another
at cost-recovery levels as identified in Attachments
B-3 and B-4. No usage fees will be charged for this
capability. It is acknowledged and agreed that the
cost-recovery mechanism contained in this Section
13.0 and Attachments B-3 and B4, will be modified
to be consistent with the FCC's Report and Order in
Common Carrier Docket No. 95-116 - Rulemaking 8535,
regarding number portability, once the Commission
has implemented the order.
13.6
Letters of Authority
CLEC
and ILEC will be required to file blanket letters
of authority with each other certifying that each
party has appropriate authorizations on file for each
customer on whose behalf they acted as an agent for
purposes of INP. In cases of agency authorization
disputes, upon request, either party shall provide
the other party proof of authorization.
13.7
Ordering Formats/Specifications
The
ordering of INP arrangements and the exchange of screening
information will utilize industry accepted form at/specifications
unless otherwise mutually agreed by the Parties.
13.8
Procedures for Providing INP Through NXX Migration
Where
either Party has activated an entire NXX for a single
Customer, or activated a suILECantial portion of an
NXX for a single Customer with the remaining numbers
in that NXX either reserved for future use or otherwise
unused, if such Customer chooses to receive service
from the other Party, the first Party shall cooperate
with the second Party to have the entire NXX reassigned
in the LERG (and associated industry
databases,
routing tables, etc.) to an End Office operated by
the second Party. Such transfer will be accomplished
with appropriate coordination between the Parties
and subject to appropriate industry lead-times for
movements of NXXs from one switch to another.
14.0
DIALING AND NUMBERING RESOURCES, RATE CENTERS AND
RATING POINTS
14.1
Dialing Parity--Section 251 (b)(3)
The
Parties shall provide Local Dialing Parity to each
other as required under Section 251 (b)(3) of the
Act.
14.2
Numbering, Rate Centers, and Rating Points
Nothing
in this Agreement shall be construed to limit or otherwise
adversely impact in any manner either Party's right
to employ or to request and be assigned any NANP number
resources including, but not
limited
to, central office (NXX) codes pursuant to the Central
Office Code Assignment Guideline, Commission Rules
or FCC Rules, or to establish, by tariff or otherwise,
Rate Centers and Rating Points corresponding to such
NXX codes.
14.2.1
Each Party agrees to update the LERG with up-to-date
listings of its own assigned NPANXX codes, along with
associated Rating Points and Rate Centers.
14.2.2
It shall be the responsibility of each Party to program
and update its own switches and network systems to
recognize and route traffic to the other Party's assigned
NXX codes at all times. Neither Party shall impose
any fees or charges whatsoever on the other Party
for such activities, except as expressly defined in
this Agreement.
14.2.3
Until such time as CLEC is authorized by the FCC or
the Commission to vary its rate centers from ILEC's
rate centers, will deploy a minimum of one NXX per
established ILEC rate center area. If CLEC receives
permission from the FCC or the Commission to vary
its rate centers from ILEC, CLEC and ILEC will develop
a toll default compensation mechanism that appropriately
compensates each Party for terminating the other Party's
calls when the jurisdictional call type cannot be
properly estimated.
15.0
ACCESS TO RIGHTS-OF-WAY-- SECTION 251(b)(4)
Each
Party shall provide the other Party, in accordance
with Section 251 of the Act and Commission and/or
FCC rules, access to its poles, ducts, rights-of-way
and conduits it controls on terms, conditions, and
prices comparable to those offered to any other entity
pursuant to each Party's applicable tariffs and/or
agreements.
16.0
DATABASE ACCESS -- SECTIONS 251(c)(3) and 271
In
accordance with Section 251 (c)(3) and 271 of the
Act and Commission and/or FCC rules, ILEC shall provide
CLEC with interfaces to access ILEC's databases and
associated signaling necessary for the routing and
completion of CLEC traffic.
17.0
COORDINATED SERVICE ARRANGEMENTS
17.1
Intercept and Referral Announcements
When
an end user customer changes from ILEC to CLEC or
from CLEC to ILEC, and does not retain its original
telephone number, the Party formerly providing service
to the end user will provide a referral announcement
on the abandoned telephone number, when requested
by either the carrier or customer. This announcement
will provide details on the new number to be dialed
to reach this customer. ILEC will provide intercept
announcement periods in the same manner as provided
for its end users today: three (3) months for residence
and one (1) year for business, or until the next directory
delivery. In time of severe number shortages, numbers
can be removed from intercept and be reused. This
will be done in reverse order of aging; that is, the
number on intercept longest will be the first reused,
regardless of whether the end user is a customer of
ILEC or CLEC, CLEC will provide this arrangement on
a reciprocal basis.
17.2
Coordinated Repair Calls
CLEC
and ILEC will employ the following procedures for
handling misdirected repair calls:
17.2.1
CLEC and ILEC will educate their respective customers
as to the correct telephone numbers to call in order
to access their respective repair bureaus.
17.2.2
To the extent the correct provider can be determined,
and upon request by the end user, misdirected repair
calls will be immediately referred to the proper provider
of local Telephone Exchange Service in a courteous
manner, at no charge, and the end user will be provided
the correct contact telephone number. In responding
to repair calls, neither Party shall make disparaging
remarks about the other Party, nor shall they use
these repair calls as the basis for internal referrals
or to solicit customers to market services, nor shall
they initiate any extraneous communications beyond
the direct referral to the correct repair telephone
number. Either Party may respond with correct information
in answering customer questions.
17.2.3
CLEC and ILEC will provide their respective repair
contact numbers to one another on a reciprocal basis.
For purposes of this section each party agrees to
limit its number of repair numbers to a single telephone
number within the region.
18.0
911/E911 ARRANGEMENTS -- SECTION 271
18.1
SCOPE
CLEC
will interconnect to the ILEC 911/E911 selective routers/91
1 tandems which serve the areas in which CLEC provides
Telephone Exchange Services, for the provision of
911/E91 1 services and for access to all sub-tending
Public Safety Answering Points. ILEC will provide
CLEC with the appropriate CLLI codes and specifications
of the tandem serving area.
18.2
Path and Route Diverse Interconnection
Path
and route diverse interconnections for 911/E911 shall
be made as necessary and mutually agreed.
18.3
911 and MSAG Updates
ILEC
will provide CLEC with a mutually agreed upon format
to enable CLEC provide ILEC with a daily file transmission
to update 911/E911 database information related to
CLEC Telephone Exchange Service
customers.
ILEC will provide CLEC with quarterly Master Street
Address Guide (MSAG) updates at no charge, upon CLEC’s
request, so that CLEC can ensure the accuracy of the
addresses provided.
18.4
Interconnection Integrity
ILEC
will use all reasonable efforts to facilitate the
prompt, robust, reliable and efficient interconnection
of CLEC systems to the 911/E911 platforms.
18.5
Coordination with PSAPs
ILEC
and CLEC will work cooperatively to arrange meetings
with. PSAPs to answer any technical questions the
PSAPs, or county or municipal coordinators may have
regarding the 911 /E91 1 arrangements.
18.6
Cost Recovery
Cost
recovery for 911 /E91 1 services will be in accordance
with the provisions of Attachment C-3.
19.0
DIRECTORY AND OPERATOR SERVICES ARRANGEMENTS SECTION
271
19.1
SCOPE
ILEC
will provide certain operator services and directory
services to as defined herein. In this Section 19.0,
references to CLEC customer telephone numbers mean
numbers failing within NXX codes directly assigned
to and to numbers which are retained by on the customer's
behalf pursuant to LTNP arrangements described in
Section 13.0.
19.2
Directory Listing and Directory Distribution
CLEC
and ILEC's affiliate, ILEC Advertising and Publishing
Company, will execute an agreement to address Directory
Listing and Directory Distribution issues. The agreement
is titled Directory Listing Agreement.
19.3
Directory Assistance (DA)
19.8.1
At CLEC’s request, ILEC will provide to CLEC
operators, or to a CLEC-designated operator bureau,
online access to ILEC's Directory Assistance Service,
where such access is identical to the type of access
ILEC's own directory assistance operators utilize
in order to provide directory assistance services
to ILEC end users. ILEC will provide this capability
under nondiscriminatory tariff or contract rates and
terms as identified in document titled Directory Assistance
Rates.
19.3.2
At CLEC’s request, ILEC will provide to CLEC
unbranded directory assistance service which is comparable
in every way to the directory assistance service ILEC
makes available to its own end users. ILEC will charge
such unbranded directory assistance capability under
non-discriminatory tariff or contract rates and terms
as identified in document titled Directory Assistance
Rates.
19.3.3
At CLEC's request, ILEC will provide to CLEC directory
assistance service under CLEC’s brand which is
comparable in every way to the directory assistance
service ILEC makes available to its own end users
recognizes that ILEC's provision of directory assistance
service under CLEC's brand may require ILEC to incur
additional costs and that tariff or contract rates
will reflect these additional costs. ILEC will charge
CLEC for such branded directory assistance capability
under the most favorable non-discriminatory tariff
or contract rates and terms.
19.3.4
At CLEC’s request, ILEC will license to CLEC
or a designated operator bureau ILEC's directory assistance
database for use in providing competitive directory
assistance services. ILEC will provide this capability
under the most favorable non-discriminatory tariff
or contract rates and terms as identified in document
titled Directory Assistance Rates.
19.3.5
At CLEC’s request, ILEC will in conjunction with
19.2.2 or 19.2.3, above, provide caller-optional directory
assistance call completion service, where technically
feasible, which is comparable in every way to the
directory assistance call completion service ILEC
makes available to its own end users. ILEC will charge
CLEC for this capability under the most favorable
non-discriminatory tariff or contract rates and terms
as identified in document titled Directory Assistance
Rates per use of caller-optional directory assistance
call completion. ILEC will provide CLEC in an electronic
format, in an accurate and timely manner, the detailed
billing records associated with the call that will
enable CLEC to rebill the end user for this function.
ILEC will use CLEC- facilities to complete such calls
whenever possible.
19.4
Directory Listing and Directory Assistance Updates
CLEC
shall furnish to ILEC, on a daily basis in a mutually
acceptable format, a single service request per subscriber
for Directory Assistance and Directory Listings information
for CLEC’s end users. The Parties agree to utilize
an industry accepted format when available. ILEC will
send confirmation of receipt of CLEC’s end user
orders to CLEC on a daily basis. From the single service
request, ILEC shall forward CLEC’s end user listing
information to ILEC ADVERTISING AND PUBLISHING COMPANY,
for the publishing of end user listings and the delivery
of directories in accordance with the agreement between
CLEC and ILEC ADVERTISING AND PUBLISHING COMPANY.
- Information
(Call Guide) Pages
CLEC
and ILEC ADVERTISING AND PUBLISHING COMPANY, have
executed an agreement which enables CLEC to display
its customer contact information in the part of the
Call Guide Pages of the White directory dedicated
to new entrant LECs at no charge.
19.6
Emergency Contact List
ILEC
will provide CLEC with a list of emergency agencies
(i.e. fire, police, emergency medical technicians,
etc) comparable to the current format, to enable CLEC
to promptly respond to emergency agencies in a timely
manner when emergencies occur. ILEC will provide a
copy 'of its most current list, if available, upon
CLEC’s occasional request. It is acknowledged
by that ILEC assumes no liability for the accuracy
of the list.
19.7
Operator Services
ILEC
will offer CLEC Operator Call Processing Access Service
under the most favorable nondiscriminatory tariff
or contract rates and terms as identified in document
titled Unbundled Products and Services and New Services:
Operator Call Processing Access Service.
ILEC
will offer to CLEC CIVIDS Hosting and the Non Sent
Paid Report System pursuant to the terms and conditions
set forth in in document titled Unbundled Products
and Services and New Services: Centralized Message
Distribution System and in document titled Unbundled
Products and Services and New Services: Non-Sent Paid
Report System.
20.0
GENERAL RESPONSIBILITIES OF THE PARTIES
20.1
Compliance with Implementation Schedule
ILEC
and shall use all reasonable efforts to comply with
the Implementation Schedule set forth in Implementation
Schedule. In advance of the aforementioned implementation
schedule, the Parties agree to immediately expedite
the implementation of the network interconnection
trunks for testing purposes. After completion of testing
the network interconnection trunks, the Parties agree
to augment the network interconnection trunks, based
upon previously exchanged traffic forecasts, to support
the exchange of "live" commercial customer
traffic.
20.2
Exchange of Information for Network Integrity
The
Parties shall exchange technical descriptions and
forecasts of their Interconnection and traffic requirements
in sufficient detail necessary to establish the Interconnections
required to assure traffic completion to and from
all Customers in their respective designated service
areas.
20.3
Exchange of Traffic Forecasts
Thirty
(30) days after the Interconnection Activation Date
and each month during the term of this Agreement,
each Party shall provide the other Party with a rolling,
six (6) calendar month, non-binding forecast of its
traffic and volume requirements for the services and
Network Elements provided under this Agreement in
the form and in such detail as agreed by the Parties.
Notwithstanding Section 31.0, the Parties agree that
each forecast provided under this Section 20.3 shall
be deemed "Proprietary Information" under
Section 31 .0.
20.4
Binding Traffic Forecasts
Any
Party that is required pursuant to this Agreement
to provide a forecast (the "Forecast Provider')
or the Party that is entitled pursuant to this Agreement
to receive a forecast (the "Forecast Recipient")
with respect to traffic and volume requirements for
the services and Network Elements provided under this
Agreement may request in addition to non-binding forecasts
required by Section 20.3 that the other enter into
negotiations to establish a forecast (a "Binding
Forecast") that commits such Forecast Provider
to purchase, and such Forecast Recipient to provide,
a specified volume to be utilized as set forth in
such Binding Forecast. The Forecast Provider and Forecast
Recipient shall negotiate the terms of such Binding
Forecast in good faith and shall include in such Binding
Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast and
any other terms desired by such Forecast Provider
and Forecast Recipient. Notwithstanding Section 31.0,
the Parties agree that each forecast provided under
this Section 20.4 shall be deemed "Proprietary
Information" under Section 31.0.
20.5
Responsibilities to Provide Network Facilities
Each
Party is individually responsible to provide facilities
within its network which are necessary for routing,
transporting, measuring, and billing traffic from
the other Party's network and for delivering such
traffic to the other Party's network in the standard
format compatible with ILEC's network and to terminate
the traffic it receives in that standard format to
the proper address on its network. Such facility shall
be designed based upon the description and forecasts
provided under Sections 20.2 and 20.3 above. The Parties
are each solely responsible for participation in and
compliance with national network plans, including
The National Network Security Plan and The Emergency
Preparedness Plan.
20.6
Use of Service
Neither
Party shall use any service related to or using any
of the Services provided in this Agreement in any
manner that interferes with other persons in the use
of their service, prevents other persons from using
their service, or otherwise impairs the quality of
service to other carriers or to either Party's Customers,
and either Party may discontinue or refuse service
if the other Party violates this provision. Upon such
violation, either Party shall provide the other Party
notice, if practicable, at the earliest practicable
time.
20.7
Responsibility for Customer Services
Each
Party is solely responsible for the services it provides
to its Customers and to other Telecommunications Carriers.
20.8
Cooperate to Minimize Fraud
The
Parties shall work cooperatively to minimize fraud
associated with third-number billed calls, calling
card calls, and any other services related to this
Agreement.
20.9
Responsibility to Administer NXX Codes
Each
Party is responsible for administering NXX codes assigned
to it.
20.10
Responsibility to Obtain LERG Listings
Each
Party is responsible for obtaining Local Exchange
Routing Guide ("LERG") listings of CLLI
codes assigned to its switches.
20.11
Updates to LERG
Each
Party shall use the LERG published by Bellcore or
its successor for obtaining routing information and
shall provide to Bellcore in a timely manner all information
required to maintain the LERG.
20.12
Programming and Updating of Switches
Each
Party shall program and update its own Central Office
Switches and End Office switches and network systems
to recognize and route traffic to and from the other
Party's assigned NXX codes. Except as mutually agreed
or as otherwise expressly defined in this Agreement,
neither Party shall impose any fees or charges on
the other Party for such activities.
20.13
Insurance Coverage
At
all times during the term of this Agreement, each
Party shall keep and maintain in force at each Party's
expense all insurance required by law (e.g. workers'
compensation insurance) as well as general liability
insurance for personal injury or death to any one
person, property damage resulting from any one incident,
automobile liability with coverage for bodily injury
for property damage. Upon request from the other Party,
each Party shall provide to the other Party evidence
of such insurance (which may be provided through a
program of self insurance).
20.14
Tariff and Contract Liability Protection
In
addition to its indemnity obligations under Section
35.0, each Party shall provide, in its tariffs and
contracts with its Customers that relate to any Telecommunications
Service 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 parties be liable to any Customer or third
party for (i) any Loss relating to or ari si ' ng
out of this Agreement, whether in contract or tort,
that exceeds the amount such Party would have charged
the applicable Customer for' the service(s) or function(s)
that gave rise to such Loss, and (ii) any Consequential
Damages.
20.15
Non-discriminatory Treatment
ILEC
and CLEC agree to treat each other fairly, equally
and on a nondiscriminatory basis for all items included
in this Agreement, or related to the support of items
included in this Agreement.
20.16
Prompt Exchange of Billing Records
CLEC
and ILEC agree to promptly exchange all necessary
records for the proper billing of all traffic.
20.17
Review of Engineering Information
For
network expansion, CLEC and ILEC will review engineering
requirements on a quarterly basis and establish forecasts
for trunk utilization. New trunk groups will be implemented
as dictated by engineering requirements for both ILEC
and CLEC. ILEC and CLEC are required to provide each
other the proper call information (e.g., originated
call party number and destination call party number,
CIC, OZZ, etc.) to enable each company to bill in
a complete and timely fashion.
20.18
Re-arrangement of Initial Interconnection Network
Configuration
To
the extent that the Parties incur essentially the
same expenses, there will be no rearrangement, reconfiguration,
disconnect, or other non-recurring fees associated
with the reconfiguration of each carrier's traffic
exchange arrangements from the initial interconnection
network, other than the cost of establishing a new
Collocation arrangement where one does not already
exist. To the extent that one Party would incur significantly
greater expenses for such reconfiguration, the lowest
of the Party's tariffed non-recurring rates applicable
to such changes shall apply. for such reconfiguration.
The Parties agree to work cooperatively to minimize
any cost differential.
20.19
Use of Industry Accepted Ordering Formats/Specifications
ILEC
and CLEC will utilize industry accepted (e.g. OBF
developed) electronic ordering and information data
exchange formats/specifications. Where such guidelines
are not readily available, Parties will utilize industry
accepted (e.g. OBF developed) manual formats/exchange
mechanisms. If the parties agree not to follow the
industry accepted guidelines, they will mutually develop
the formats/specifications that will be used.
20.20
Use of Industry Accepted Billing Formats/Specifications
For
services covered by this agreement, both Parties agree
to follow and use OBF billing output guidelines. If
deviations from these guidelines are necessary, a
time line should be established as to when the OBF
guidelines will be implemented. If the Parties agree
not to follow the industry accepted guidelines, they
will mutually develop the formats/specifications that
will be used. Billing disputes will utilize the dispute
processes outlined in each company's tariffs.
20.21
Network Maintenance and Management
CLEC
and ILEC will work cooperatively to install and maintain
a reliable network. CLEC and ILEC will exchange appropriate
information (e.g., maintenance contact numbers, network
information, information required to comply with law
enforcement and other security agencies of the Government,
etc.) to achieve this desired reliability.
CLEC
and ILEC will work cooperatively to apply sound network
management principles by invoking network management
controls to alleviate or to prevent congestion.
21.0
TERM AND TERMINATION
21.1
Initial Two Year Term
The
initial term of this Agreement shall be two (2) years
(the "Term"), which shall commence on the
Effective Date. Absent the receipt by one Party of
written notice from the other Party at least sixty
(60) days prior to the expiration of the Term to the
effect that such Party does not intend to extend the
Term of this Agreement, this Agreement shall automatically
renew and remain in full force and effect on and after
the expiration of the Term until terminated by either
Party pursuant to Section 21.3.
21.2
Termination
Either
Party may terminate this Agreement in the event that
the other Party (i) fails to pay any amount when due
hereunder (excluding Disputed Amounts as described
in Section 30.1) and fails to cure such nonpayment
within sixty (60) days after receipt of written notice
thereof; or (ii) fails to perform any other. material
obligation required to be performed by it pursuant
to this Agreement and fails to cure such material
non performance within forty-five (45) days after
written notice thereof.
21.3
Termination of Agreement After Automatic Renewal
If
pursuant to Section 21.1 this Agreement continues
in full force and effect after the expiration of the
Term, either Party may terminate this Agreement (90)
days after delivering written notice to the other
Party of its intention to terminate this Agreement.
Neither Party shall have any liability to the other
Party for termination of this Agreement pursuant to
this Section 21.3 other than to pay to the other Party
any amounts owed under this Agreement.
21.4
Obligations Upon Termination or Expiration
Upon
termination or expiration of this Agreement in accordance
with this Section 21.0:
a)
Each Party shall comply immediately with its obligations
set forth in Section 31.4.9;
b)
Each Party shall continue to perform its obligations
and provide the services as described herein until
such time as a successor agreement between the Parties
is entered into; provided, however, that the Parties
shall renegotiate the rates, fees and charges contained
herein; and
c)
Each Party shall promptly pay all amounts (including
any late payment charges) owed under this Agreement.
21.5
Remedy
No
remedy set forth in this Agreement is intended to
be exclusive and each and every remedy shall be cumulative
and in addition to any other rights or remedies now
or hereafter existing under applicable law or otherwise.
22.0
INSTALLATION
ILEC
and CLEC shall agree upon and adopt a schedule for
implementation of this Agreement.
23.0
PERFORMANCE STANDARDS FOR SPECIFIED ACTIVITIES
23.1
Certain Definitions
When
used in this Section 23.0, the following terms shall
have the meanings indicated:
23.1.1
"Specified Performance Breach" means the
failure by ILEC to meet the performance Criteria for
any Specified Activity for a period of three (3) consecutive
calendar months.
- "Specified
Activity" means any of the following
activities:
a)
the installation by ILEC of unbundled Loops for CLEC
("Unbundled Loop Installation");
b)
ILEC's provision of Interim Number Portability;
or
c)
the repair of out of service problems for CLEC ("Out
of Service Repairs").
23.1.3
"Performance Criteria" means, with respect
to each calendar month during the term of this Agreement,
the performance by ILEC during such month of each
Specified Activity shown below within the time interval
shown in at least eighty percent (80%) of the covered
instances:
SPECIFIED
ACTIVITY PERFORMANCE INTERVAL DATE
(i)
Unbundled Loop Installation*
1
-10 Loops per Service Order 5 days from ILEC's Receipt
of valid Service Order
11
-20 Loops per Service Order 10 days from ILEC's Receipt
of valid Service Order
21
+ Loops per Service Order to be Negotiated
(ii)
Interim Number Portabilily
(Remote
Call Forwarding)
1
-10 Numbers per Service Order 5 days from ILEC's Receipt
of valid Service Order
11-20
Numbers per Service Order 10 days from ILEC's Receipt
of valid Service Order
21
+ Numbers per Service Order to be Negotiated
(iii)l) Out-of-Service Repairs Provisions
from Sec. 9.8.3 Apply
The
performance criteria for unbundled loops apply to
two and four-Wire analog loops where the facilities
are available. In all other cases, the Parties agree
to negotiate reasonable intervals.
23.2
Performance Standards
ILEC
shall exercise all reasonable efforts to meet the
Performance Criteria for the three Specified Activities.
In the event ILEC fails to meet the Performance Criteria
at any time during the term of this Agreement. CLEC
shall be entitled to pursue all remedies available
in law or equity.
At
its option, CLEC may also request binding arbitration
with regard to (1) whether ILEC has committed a Specified
Performance Breach of the Performance Criteria set
forth in section 23.1.3 of this Agreement, and (2)
if such a breach is determined to have occurred, the
direct damages resulting from the breach. The direct
damages recoverable under this provision shall not
be limited by the provisions of section 28.1, but
shall be subject to the provisions of sections 23.3
and 28.3. Such arbitration shall be conducted by a
panel of three (3) arbitrators, one to be appointed
by each Party pursuant to CPR's Nonadministered Arbitration
Rules and subject to the United States Arbitration
Act (19 U.S.C. Sections 1-16), to be conducted in
Atlanta, Georgia.
In
addition, if ILEC commits a Specified Performance
Breach during the term of this Agreement, the Parties
agree to meet immediately to determine whether any
stipulated damages provisions are appropriate as an
amendment hereof in light of such a Breach, and, if
so, the terms thereof; provided, however, that if
ILEC commits a Specified Performance Breach during
the initial three (3) months of this Agreement, the
Parties agree to meet at the end of the three-month
period.
23.3
Limitations
In
no event shall ILEC be deemed to have failed to meet
any of the Performance Criteria if: ILEC's failure
to meet or exceed any of the Performance Criteria
is caused, directly or indirectly, by a Delaying Event.
A "Delaying Event" means (a) a failure by
CLEC to perform any of its obligations set forth in
this Agreement (including, without limitation, the
Implementation Schedule and the Joint Grooming Plan),
(b) any delay, act or failure- to act by a Customer,
agent or subcontractor of CLEC or any Force Majeure
Event. If a Delaying Event (i) prevents ILEC from
performing a Specified Activity, then such Specified
Activity shall be excluded from the calculation of
ILEC's compliance with the Performance Criteria, or
(ii) only suspends ILEC's ability to timely perform
the Specified Activity, the applicable time frame
in which ILEC's compliance with the Performance Criteria
provided ILEC performs the Specified Activity in the
course of its normal service cycle once the Delaying
Event no longer exists; or the Parties agree to a
time interval with respect to a particular order that
exceeds the interval set forth in Section 23.1.3.
In such event, the time interval for ILEC's performance
of the Specified Activities set forth in the order
shall be extended to such later date as agreed by
the Parties.
23.4
Records
ILEC
shall maintain complete and accurate records, on a
monthly basis, of its performance under this Agreement
of each Specified Activity and its compliance with
the Performance Criteria. ILEC shall provide to CLEC
records in a self-reporting format on a monthly basis.
Notwithstanding Section 31.0, the Parties agree that
such records shall be deemed "Proprietary Information"
under Section 31.0.
24.0
SECTION 252(i) OBLIGATIONS
If
ILEC enters into an agreement subject to approval
by the Commission under the Act which provides for
the provision of arrangements covered in this Agreement
to another requesting Telecommunications Carrier,
including itself or its affiliate, or if the Commission
and/or FCC orders. ILEC to provide arrangements covered
in this Agreement, or if ILEC tariffs arrangements
covered in this Agreement, ILEC shall make
available
to CLEC such arrangements upon the same rates, terms
and conditions as those provided in the other agreements,
Commission and/or FCC orders, and/or ILEC tariffs,
consistent with Commission and/or FCC rules. At its
sole option, CLEC may avail itself of either (i) the-other
Agreements, orders, or tariffs in their entirety or
(ii) the prices, terms and conditions of the other
agreements, orders, or tariffs that directly relate.to
any of the following duties as a whole:
1)
Interconnection - Section 251 (c)(2) of the Act (Sections
4.0 and 5.0 of this Agreement); or
2)
Reciprocal Compensation - Section 251 (b)(5) of the
Act (Section 5.8 of this Agreement); or
3)
Unbundled Loops - Section 251 (c)(3) of the Act (Section
9.0 of this Agreement); or
4)
Other Unbundled Access - Section 251 (c)(3) of the Act
(Unbundled Access other than Unbundled Loops contained
in Section 9.0 of this Agreement); or
5)
Resale - Section 251 (c)(4) of the Act (Section 10.0
of this Agreement); or
6)
Collocation - Section 251 (c)(6) of the Act (Section
12.0 of this Agreement); or
7)
Number Portability - Section 251 (b)(2) of the Act
(Section 13.0 of this Agreement); or
8)
Access to Rights of Way - Section 251 (b)(4) of the
Act (Section 15.0 of this Agreement).
The
terms of this Agreement, other than those affected
by the option, shall remain in full force and effect.
The Parties reserve all rights to argue which Agreements
are subject to approval under the Act.
25.0
CANCELLATION
Neither
CLEC nor ILEC shall impose cancellation charges upon
each other associated with the physical network interconnection.
26.0
SEVERABILITY
In
the event the Commission, the FCC, or a court determines
that any provision of this Agreement or any order
of the Commission or the FCC is contrary to law, or
is invalid or unenforceable for any reason, the Parties
shall continue to be bound by the terms of this Agreement,
insofar as possible, except for the portion determined
to be unlawful, invalid, or unenforceable. In such
an event, the Parties shall negotiate' in good faith
to replace the unlawful, invalid or unenforceable
provision and shall not discontinue service to the
other Party during such period. Nothing in this Agreement
shall be construed as requiring or permitting either
Party to contravene any mandatory requirement of Federal
or State law, or any regulations or orders adopted
pursuant to such law.
27.0
FORCE MAJEURE
Neither
Party shall be responsible for delays or failures
in performance resulting from acts or occurrences
beyond the reasonable control of such Party, regardless
of whether such delays or failures in performance
were foreseen or foreseeable as of the date of this
Agreement, including, without limitation: fire, explosion,
power failure, acts of God, war, revolution, civil
commotion, or acts of public enemies; any law, order,
regulation, ordinance or requirement of any government
or legal body; or labor unrest, including, without
limitation, strikes, slowdowns, picketing or boycotts;
or delays caused by the other Party or by other service
or equipment vendors; or any other circumstances beyond
the Party's reasonable control. In such event, the
Party affected shall, upon giving prompt notice to
the other Party, be excused from such performance
on a day-for-day basis to the extent of such interference
(and the other Party shall likewise be excused from
performance of its obligations on a day-for-day basis
to the extent such Party's obligations related to
the performance so interfered with). The affected
party shall use its best efforts to avoid or remove
the cause of nonperformance and both Parties shall
proceed to per-form with dispatch once the causes
are removed or cease.
28.0
LIMITATION OF LIABILITY
28.1
Liability for Direct Damages
Except
as otherwise provided, the Parties' liability to each
other, whether in contract, tort or otherwise, shall
be limited to direct damages, which shall not exceed
the pro rata portion of the monthly charges for the
services for the time period during which the services
provided pursuant to this Agreement are inoperative,
not to exceed in total ILEC's or CLEC’s monthly
charge to the other.
28.2
Losses Alleged or Made by Customer
In
the case of any Loss arising from a claim made by
a customer of either Party, resulting from the negligence
or willful misconduct of both Parties, each Party
shall bear, and its obligations under this Section
28.0 shall be limited to, that portion (as mutually
agreed to by the Parties) of the resulting expense
caused
by its (including that of its agents, servants, contractors
or others acting in aid or concert with it) negligence
or willful misconduct, and which is properly recoverable
under the applicable Party's tariffs.
28.3
No Liability for Indirect Damages
Under
no circumstance shall ILEC or CLEC be responsible
or liable to each other for indirect, incidental,
or consequential damages, including, but not limited
to, damages arising from the use or performance of
equipment or software, or the loss of use of software
or equipment, or accessories attached thereto, delay,
error, or loss of data. In connection with this limitation
of liability, the Parties recognize that ILEC or CLEC
may, from time to time, provide advice, make recommendations,
or supply other analysis related to the equipment
or services described in this Agreement, and, while
ILEC and CLEC shall use diligent efforts in this regard,
the Parties acknowledge and agree that this limitation
of liability shall apply to provisions of such advice,
recommendations, and analysis.
29.0 ASSIGNMENT
This
Agreement shall be binding upon every subsidiary and
affiliate of either Party that is engaged in providing
telephone exchange and exchange access services in
any territory within which ILEC is an Incumbent Local
Exchange Carrier as of the date of this Agreement
(the "ILEC Territory"), and shall continue
to be binding upon all such entities regardless of
any subsequent change in their ownership. Each Party
covenants that, if it sells or otherwise transfers
to a third party its telephone exchange and exchange
access network facilities within the ILEC Territory,
or any portion thereof, it will require as a condition-
of such transfer that the transferee agree to be bound
by this Agreement with respect to services provided
over the transferred facilities. Except as provided'in
this paragraph, neither Party may assign or transfer
(whether by operation of law or otherwise) this Agreement
(or any rights or obligations hereunder) to a third
party without the prior written consent of the other
Party; provided that each Party may assign this Agreement
to a corporate Affiliate or an entity under its common
control or an entity acquiring all or substantially
all of its assets or equity by providing prior written
notice to the other Party of such assignment or transfer.
Any attempted assignment or transfer that is not permitted
is void ab initio. Without limiting the generality
of the foregoing, this Agreement shall be binding
upon and shall inure to the benefit of the Parties'
respective successors and assigns.
30.0
DISPUTED AMOUNTS
30.1
Notice
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
sixty (60) 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 (i) all undisputed amounts to the
Billing Party and (ii) all Disputed Amounts into an
interest bearing escrow account with a third party
escrow agent mutually agreed upon by the Parties.
30.2
Settlement Negotiations
If
the Parties are unable to resolve the issues related
to the Disputed Amounts in the normal course of business
within sixty (60) days after delivery to the Billing
Party of notice of the Disputed Amounts, each of the
Parties shall appoint a designated representative
who has authority to settle the dispute and who 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.
30.3
Legal/Regulatory Remedies
If
the Parties are unable to resolve issues related to
the Disputed Amounts within forty-five (45) days after
the Parties' appointment of designated representatives
pursuant to Section 30.2, then either Party may file
a complaint with the Commission to resolve such issues
or proceed with any other remedy pursuant to law or
equity. The Commission may direct release of any or
all funds (including any accrued interest) in the
escrow account, plus applicable late fees, to be paid
to either Party.
30.4
Confidential Treatment of Settlement Negotiations
The
Parties agree that all negotiations pursuant to this
Section 30.0 shall remain confidential and shall be
treated as compromise and settlement negotiations
for purposes of the Federal Rules of Evidence and
state rules of evidence.
30.5
Interest Accrued on Undisputed Amounts
Any
undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the
lesser of (1) one and one-half percent (1-1/2%) per
month or (ii) the highest rate of interest that may
be charged under applicable law.
31.0
NON-DISCLOSURE
31.1
Identification of Information
All
information, including but not limited to specifications,
microfilm, photocopies, magnetic disks, magnetic tapes,
drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial
reports, and market data, (i) furnished by one Party
to the other Party, other than customer information
communicated for the purpose of publication or directory
database inclusion, or (ii) in written, graphic, electromagnetic,
or other tangible form and. marked at the time of
delivery as "Confidential" or "Proprietary,"
or (iii) communicated orally and declared to the receiving
Party at the time of delivery, or by written notice
given to the receiving Party within ten (10) days.
