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 inclu
