Sample ILEC/CLEC Interconnection Agreement
The following document is an example of a 1998 interconnect agreement between an ILEC and a larger CLEC with a virtual co-location. It is a SAMPLE ONLY and is NOT intended to be utilized as an actual document. CLEC Strategies holds no responsibility for it's accuracy or representation.
Under Sections 251 and 252 of the Telecommunications Act of 1996
TABLE OF CONTENTS
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
23.0 PERFORMANCE STANDARDS FOR SPECIFIED ACTIVITIES
24.0 SECTION 252(i) OBLIGATIONS
27.0 FORCE MAJEURE
28.0 LIMITATION OF LIABILITY
30.0 DISPUTED AMOUNTS
33.0 DISPUTE RESOLUTION
35.0 LIABILITY AND INDEMNITY
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:
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
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)
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)
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.
5.4.1 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.
5.6 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)
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.
22.214.171.124. 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
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
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.
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.
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.
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;
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.
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.
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); or4) 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.
Neither CLEC nor ILEC shall impose cancellation charges upon each other associated with the physical network interconnection.
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.
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
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.
31.1 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.