EXHIBIT 10.19
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of May 26, 1999
by and between
NEW YORK TELEPHONE COMPANY,
d/b/a
XXXX ATLANTIC - NEW YORK
and
HARVARD NET, INC.
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement (this "Agreement"), under Sections 251 and
252 of the Telecommunications Act of 1996 (the "Act"), is effective as of the
26th day of May, 1999 (the "Effective Date"), by and between New York Telephone
Company, d/b/a Xxxx Atlantic - New York ("BA"), a New York corporation with
offices at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and Harvard
Net, Inc. ("HarvardNet"), a Delaware, corporation with offices at 000 Xxxxxxxxxx
Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxxxxxx, 00000 (each a "Party" and, collectively, the
"Parties").
WHEREAS, Harvardnet has requested, pursuant to Section 252(i) of the Act,
that BA make available to Harvardnet Interconnection, services and unbundled
Network Elements upon the same terms and conditions as provided in the
Interconnection Agreement (and amendments thereto) between Covad Communications,
Company and BA, dated as of December 16, 1997, for New York, approved by the
Commission under Section 252 of the Act copies of which agreement and amendments
are attached hereto as Appendix 1 (the "Separate Agreement"); and
WHEREAS, BA has agreed, subject to the terms and conditions set forth
below, to make available to Harvardnet hereby Interconnection, services and
unbundled Network Elements upon the terms and conditions of the Separate
Agreement;
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, Harvardnet and BA hereby agree as follows:
1.0 Incorporation of Appendices by Reference
1.1 Except as expressly stated herein, the terms and conditions of the
Separate Agreement, as it is in effect the date hereof after giving effect to
operation of law, and of the other Appendices hereto, are incorporated by
reference in their entirety herein and form an integral part of this Agreement.
1.2 References in the Separate Agreement to Covad Communications, Company
or to Covad shall for purposes of this Agreement be deemed to refer to
Harvardnet.
1.3 References in Appendix 1 hereto to the "Effective Date", the date of
effectiveness thereof and like provisions shall for purposes of this Agreement
be deemed to refer to the date first written above. Unless terminated earlier in
accordance with the terms of the Separate Agreement, this Agreement shall
continue in effect until March 15, 2001, unless extended pursuant to Section 2
of the Separate Agreement. If the parties to the Separate Agreement terminate
that agreement prior to the above date, such termination shall have no impact on
the term or effectiveness of this Agreement.
1.4 All references in the Separate Agreement to "800/888" shall be deleted
in their entirety and replaced with the following: "800/888/877"and other such
toll free numbers.
1.5 All certificates or other proof of insurance to be sent to BA under
Section 2.4.27 of the Separate Agreement shall be sent to the following address:
Director - Interconnection Services
Xxxx Atlantic - Telecom Industry Services
Room 1423
1095 Avenue of the Americas
Xxx Xxxx, Xxx Xxxx 00000
1.6 Notices to Harvardnet under Section 17 of the Separate Agreement shall
be sent to the following address:
Harvard Net, Inc.
Attn: Xxxxxxx Xxxxxxxxxx
General Counsel
000 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
1.7 Notices to BA under Section 17 of the Separate Agreement shall be sent
to the following address:
President - Telecom Industry Services
Xxxx Atlantic Corporation
1095 Avenue of the Xxxxxxxx
00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Facsimile: (000) 000-0000
with a copy to:
Xxxx Atlantic Network Services, Inc.
Attn: Xxxx X. Xxxxx
Associate General Counsel
0000 X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx
Xxxxxxxxx, Xxxxxxxx 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
with a copy to:
Xxxx Atlantic - New York
Attn: General Counsel
37th Floor
1095 Avenue of the Americas
Xxx Xxxx, Xxx Xxxx 00000
2.0 Clarifications
2.1 The entry into, filing and performance by the Parties of this
Agreement does not in any way constitute a waiver by either Party of any of the
rights and remedies it may have to seek review of any of the provisions of the
Separate Agreement, or to petition the Commission, other administrative body or
court for reconsideration or reversal of any determination made by any of them,
or to seek review in any way of any portion of this Agreement in connection with
Harvardnet's election under Section 252(i) of the Act.
2.2 Notwithstanding any other provisions of this Agreement, where the
state so mandates BA shall have no obligation to perform under this Agreement
until such time as Harvardnet has obtained a Certificate of Public Convenience
and Necessity ("CPCN") or such other Commission authorization as may be required
by law as a condition for conducting business in the State of New York as a
local exchange carrier, provided that, this restriction does not apply to BA's
obligation to provide Collocation or any other tariffed service to Harvardnet
irrespective of Harvardnet's CPCN status.
2.3 The Parties shall meet within thirty (30) days of the Effective Date,
or at such other time to which the Parties mutually agree, to exchange
information and to discuss in good faith the implementation issues addressed in
Section 2 of Exhibit A to Part III (Joint Planning and Forecasts).
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 26th day of May, 1999.
HARVARD NET, INC XXXX ATLANTIC - NEW YORK
By: /s/ Xxxx Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
---------------------------- --------------------------------
Printed: Xxxx Xxxxxxxx Printed: Xxxxxxx X. Xxxxxxx
----------------------- ---------------------------
Title: President and Title: Vice-President - Interconnection
Chief Executive Officer Services Policy & Planning
------------------------- -----------------------------
AGREEMENT
between
New York Telephone Company
d/b/a Xxxx Atlantic
and
Covad Communications Company
TABLE OF CONTENTS
INTERCONNECTION AGREEMENT
Page
RECITALS...................................................................1
DEFINITIONS................................................................1
GENERAL TERMS AND CONDITION................................................2
1. Scope of the Agreement..................................................2
2. Term of Agreement; Termination..........................................2
3. Transitional Support....................................................3
4. Good Faith Performance..................................................3
5. Option to Obtain Services, Unbundled Network Elements or
Combinations Under Other Agreements..................................4
6. Responsibility of Each Party............................................4
7. Government Compliance...................................................5
8. Regulatory Matters......................................................6
9. Liability and Indemnity.................................................6
9.1 Indemnification........................................................6
9.2 Limitation of Liability................................................7
10. Payment Terms, Disputed Amounts and Audits.............................8
10.1 ......................................................................8
10.2 Payment Terms - Other than Local Services.............................9
10.3 Disputed Amounts - Other than Local Services..........................10
10.5 Audits and Inspections................................................13
10.5 Alternate Billing to Third Numbers....................................14
10.6 Reciprocal Compensation...............................................15
11. Service Standards......................................................16
12. OSS/Electronic Interfaces..............................................19
13. Operations Plan and Implementation Team................................20
14. Force Majeure..........................................................20
15. Certain State and Local Taxes..........................................20
16.1 Inter-Company Review Board............................................22
16.2 Non-Service Affecting Disputes........................................23
16.3 Service Affecting Disputes............................................26
16.4 Confidentiality.......................................................27
17. Notices................................................................28
17A. Non-Waiver............................................................29
18. Confidentiality........................................................31
19. Number Portability.....................................................32
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19.1 Interim Number Portability............................................32
19.2 Number Reassignment...................................................35
20. Directory Listings and Directory Distributions.........................35
21. Subscriber List Information............................................37
22. Parity.................................................................38
23. Miscellaneous..........................................................38
23.1 Delegation or Assignment..............................................38
23.2 Nonexclusive Remedies -...............................................38
23.3 No Third Party Beneficiaries..........................................39
23.4 Referenced Documents..................................................39
23.5 Governing Law.........................................................39
23.6 Publicity and Advertising.............................................39
23.7 Amendments or Waivers.................................................40
23.8 Severability..........................................................40
23.9 Entire Agreement......................................................40
23.10 Survival of Obligations..............................................41
23.11 Executed in Counterparts.............................................41
22.12 Headings of No Force or Effect.......................................41
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23.13 Joint Work Product...................................................41
23.14 Nonexclusive Dealings................................................41
23.15 No License...........................................................41
23.16 Dialing Parity.......................................................42
23.17 Integrity of XXXX ATLANTIC Network...................................42
Part I.....................................................................43
Part II....................................................................44
1. Introduction............................................................45
2. Unbundled Network Elements..............................................46
3. Combinations............................................................71
4. MLT Testing.............................................................73
EXHIBIT A to Part II.......................................................74
PART III: SERVICE DESCRIPTION -- ANCILLARY FUNCTIONS.......................76
1. Intentionally Omitted...................................................76
2. Collocation.............................................................76
2.1 Definition.............................................................76
2.2 Technical Requirements.................................................76
2.3 Technical References...................................................94
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2.4 Other Requirements.....................................................95
2.5 Virtual Collocation....................................................109
3. Rights of Way...........................................................115
4. Dark Fiber..............................................................115
Appendix A.................................................................119
Appendix B.................................................................125
Appendix C.................................................................139
Appendix D.................................................................140
Appendix E.................................................................139
PART IV: PRICING SCHEDULE..................................................144
A. UNBUNDLED NETWORK ELEMENTS..............................................144
B. OTHER RATES.............................................................144
Reciprocal Compensation....................................................144
Information Services Fees..................................................144
BLV/BLVI Traffic...........................................................145
Transit Service............................................................145
Interim Number Portability.................................................146
IntraLATA 800..............................................................146
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Intentionally Omitted......................................................146
911/E911 Interconnection...................................................146
Wholesale Discounts........................................................147
Directory Assistance -Network Elements.....................................147
Miscellaneous and Non-Recurring Charges....................................149
A. Unbundled Network Elements..............................................149
Switch Port Additives......................................................149
Non-Recurring Charges......................................................149
B. Miscellaneous...........................................................150
1. Call Usage Detail Service...............................................150
2. Emergency Bulletin Service..............................................151
3. Intentionally Omitted...................................................151
6. Local Services Other....................................................152
Collocation................................................................152
Customized Routing.........................................................152
Alternate Billed Calls.....................................................152
NID........................................................................152
Branding...................................................................152
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Additional Charges.........................................................153
Electronic Copies..........................................................153
RATE APPLICATION RULES.....................................................153
General....................................................................153
Reciprocal Compensation....................................................155
Unbundled Network Elements.................................................155
Transient Tandem Process and Pricing.......................................157
Links......................................................................157
Non-Recurring..............................................................157
EXHIBIT A TO PART IV.......................................................160
PART V: INTERCONNECTION....................................................192
ATTACHMENT 1: DEFINITIONS..................................................193
ATTACHMENT 2 - OPERATIONS PLAN & IMPLEMENTATION TEAM.......................200
ATTACHMENT 3...............................................................204
ATTACHMENT 4...............................................................205
ATTACHMENT 5...............................................................205
ATTACHMENT 6 - BILLING AND RECORDING......................................206
APPENDIX I - CARRIER BILLING MANAGEMENT...................................231
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INTERCONNECTION AGREEMENT
This Agreement, which shall become effective upon the date approved in
accordance with Section 2(a), is entered into by and between COVAD
Communications Co., d/b/a COVAD, a California corporation, having an office at
0000 Xxxxxxx Xx., Xxxxx Xxxxx, XX 00000 ("COVAD"), and New York Telephone
Company, d/b/a XXXX ATLANTIC, a New York corporation, having an office at 1095
Avenue of the Americas, New York, New York 10036 ("XXXX ATLANTIC" or "NYNEX").
RECITALS
WHEREAS, the Telecommunications Act of 1996 (as amended or modified from
time to time, the "Act") was signed into law on February 8, 1996; and
WHEREAS, the Act places certain duties and obligations upon, and grants
certain rights to, Telecommunications Carriers; and
WHEREAS, the Federal Communications Commission (the "FCC") has issued
rules to implement the Act (including In the Matter of the Local Competition
Provisions in the Telecommunications Act of 1996, FCC 96-325 (hereinafter, as
amended, modified, stayed or reconsidered from time to time, the "Order"); and
WHEREAS, the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
COVAD will interconnect with the XXXX ATLANTIC network in the XXXX ATLANTIC
service territory within the State of New York (the "NY Region") and XXXX
ATLANTIC will provide services to COVAD as required by the Act and Order and
additional services as set forth herein; and
WHEREAS, the Parties have arrived at this Agreement through negotiations
undertaken pursuant to the Act.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
of this Agreement and other good and valuable consideration, COVAD and XXXX
ATLANTIC hereby agree as follows:
DEFINITIONS
For purposes of this Agreement, certain terms have been defined in
Attachment 1 and elsewhere in this Agreement to encompass meanings that may
differ from, or be in addition to, the normal connotation of the defined word.
Unless the context clearly indicates otherwise, any term defined or used in the
singular shall include the plural. The words "shall" and "will" are used
interchangeably throughout the Agreement and the use of either connotes a
mandatory requirement. The use of one or the other shall not mean a different
degree of right or obligation for either Party. A defined word intended to
convey its special meaning is capitalized when used. Other terms that are
capitalized,
and not defined in this Agreement, shall have the meaning in the Act.
GENERAL TERMS AND CONDITIONS
1. Scope of the Agreement This Agreement together with all applicable tariffs
referenced herein (as in effect from time to time) set forth the terms,
conditions and prices to which XXXX ATLANTIC and COVAD have agreed in
respect of the following: (a) certain unbundled network elements,
(hereinafter collectively referred to as unbundled "Network Elements"),
(b) Collocation, (c) Number Portability, (d) Directory Assistance and
Operator Services and Directory Listings, (e) Reciprocal Compensation, (f)
E911 and 911 services, (g) Meet-Point Billing, (h) Dialing Parity, (i)
Transient Tandem Service, (j) Interconnection of COVAD's network to XXXX
ATLANTIC's network and (k) Access to Telephone Numbers. This Agreement
includes the General Terms and Conditions, Parts I through V, and their
Attachments and all accompanying Appendices and Exhibits. Unless otherwise
provided in this Agreement, the rights and obligations of the Parties
hereunder shall apply throughout the NY Region.
2. Term of Agreement; Termination
(a) The initial term of this Agreement shall commence on the date on
which this Agreement has been approved in its entirety by the
Commission or the FCC as contemplated in Section 252 of the Act (the
"Effective Date") and shall expire on March 15, 2001 ("Term"),
except as otherwise provided in Section 2(d) below.
(b) COVAD (i) shall, at XXXX ATLANTIC's request, or (ii) may, at its
option, nine months prior to the expiration of the Term, make a
request to XXXX ATLANTIC to renegotiate the terms of this Agreement
pursuant to Section 251(c)(1) of the Act. The date of XXXX
ATLANTIC's receipt of such request shall be hereinafter referred to
as the "Renegotiation Request Date". The Parties agree that within
sixty (60) days of such Renegotiation Request Date each Party will
provide to the other a written description of its proposed changes
to the Agreement. The Parties shall enter into negotiations on such
proposed changes seventy-five (75) days after such Renegotiation
Request Date.
(c) In the event that, notwithstanding, the good faith efforts of both
Parties, they are unable to agree on terms and conditions of a new
agreement, effective as of the expiration of this Agreement, then
either Party may, beginning 135 days after the Renegotiation Request
Date, file a petition for arbitration by the Commission pursuant to
Section 252(b) of the Act.
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(d) The terms and conditions of this Agreement shall only continue in
full force and effect until the effective date of the Commission's
decision pursuant to any petition filed under Section 2(c) above
(the "Arbitration Decision") if COVAD requests to renegotiate
pursuant to Section 2(b) above; provided, however, that the prices,
and, where feasible, any other terms and conditions of this
Agreement shall be trued up to conform with the Arbitration Decision
back to the date of expiration of the Term.
(e) Nothing in this Section 2 shall be construed as a waiver by either
Party of its right to appeal any decision of the Commission,
including the Arbitration Decision.
(f) Upon termination or expiration of this Agreement in accordance with
this Section 2:
(i) each Party shall comply with its obligations set forth in
paragraph (c) of Section 18 of the General Terms and
Conditions of this Agreement;
(ii) each Party shall promptly pay all amounts (including any late
payment charges or cancellation charges, if any) owed under
this Agreement; and
(iii) each Party's obligations that by their terms continue in force
and effect after termination or expiration of this Agreement
(including, without limitation, indemnification obligations)
shall survive termination or expiration of this Agreement.
3. Transitional Support Upon the termination or expiration of this Agreement,
COVAD may itself provide or retain another vendor to provide unbundled
Network Elements, or other access or services comparable to those
furnished under the terms of this Agreement. XXXX ATLANTIC agrees to
cooperate with COVAD and to use commercially reasonable efforts to effect
an orderly and efficient transition to COVAD or COVAD's new vendor,
subject to the payment by COVAD to XXXX ATLANTIC of the reasonable costs
incurred in providing such cooperation.
4. Good Faith Performance In the performance of their obligations under this
Agreement, the Parties shall act in good faith and consistently with the
provisions of the Act and the applicable effective provisions of the
Order. Except to the extent a different standard is expressly set forth in
this Agreement, in which case such other standard shall apply, where
notice, approval or similar action by a Party is permitted or required by
any provision of this Agreement, (including, without limitation, the
obligation of the Parties to further negotiate the
3
resolution of new or open issues under this Agreement) such notice,
approval or similar action shall not be unreasonably delayed or withheld.
5. Option to Obtain Services, Unbundled Network Elements
(a) If XXXX ATLANTIC enters into an agreement approved by the Commission
or the FCC pursuant to Section 252 of the Act which provides for the
provision in the State of New York of arrangements covered in this
Agreement to another requesting Telecommunications Carrier (the
"Other Agreement"), XXXX ATLANTIC shall make available to COVAD upon
request, pursuant to section 252 (i) of the Act, such arrangements
upon the same rates, terms and conditions as those provided in the
Other Agreement.
If COVAD enters into an agreement with a Telecommunications Carrier
approved by the Commission or the FCC pursuant to Section 252 of the
Act with respect to services in the State of New York (the "Other
COVAD Agreement"), then COVAD shall make available upon request the
same interconnection, services and unbundled Network Elements to
XXXX ATLANTIC under the same terms and conditions as those provided
in such Other COVAD Agreement to the full extent required by Section
252(i) of the Act.
(b) Notwithstanding the terms and provisions of paragraph (a) of this
Section 5, in the event that as a result of any decision, order or
determination of any judicial or regulatory authority, it is
determined that all or any portion of such paragraph (a) above is
found invalid or unenforceable, the Parties agree to abide by such
decision, order or determination to the extent paragraph (a) of this
Section 5 conflicts with such decision, order or determination.
6. Responsibility of Each Party Each Party has and hereby retains the right
to exercise full control of and supervision over its own performance of
its obligations under this Agreement, and retains full control over the
employment, direction, compensation and discharge of all employees
assisting in the performance of such obligations. Each Party will be
solely responsible for all matters relating to payment of such employees,
including compliance with social security taxes, withholding taxes and all
other regulations governing such matters. Subject to the limitations on
liability set forth in Section 9 of the General Terms and Conditions of
this Agreement and except as otherwise expressly provided in this
Agreement, each Party shall be responsible for (i) its own acts and
performance of all obligations imposed by all applicable federal, state or
local statutes, laws, rules, regulations, codes, orders, decisions,
injunctions, judgments, awards and decrees (collectively, "Applicable
Laws") in
4
connection with its activities, legal status and property, real or
personal, and (ii) the acts of its own affiliates, employees, agents and
contractors during the performance of that Party's obligations hereunder.
Neither this Agreement, nor any actions taken by XXXX ATLANTIC or COVAD in
compliance with this Agreement, shall be deemed to create an agency, joint
venture, or other relationship between COVAD and XXXX ATLANTIC of any
kind, other than that of purchaser and seller of services. Neither this
Agreement, nor any actions taken by XXXX ATLANTIC or COVAD in compliance
with this Agreement, shall create a contractual, agency, or any other type
of relationship or third party liability between XXXX ATLANTIC and COVAD's
end users or others.
7. Government Compliance
7.1 The provisions of this Agreement are subject in their entirety to
the applicable provisions of the Act and any other orders,
restrictions and requirements of governmental and regulatory
authorities with competent jurisdiction over the subject matter
thereof and, in the event of any direct conflict between the
provisions of this Agreement and the requirements of such
governmental and regulatory authorities, the requirements of such
authorities shall prevail.
7.2 XXXX ATLANTIC represents and COVAD acknowledges that XXXX ATLANTIC
is entering into this Agreement specifically in order to satisfy the
obligations of XXXX ATLANTIC as set forth in the Act and the Order.
7.3 In the event that any legislative, regulatory, judicial or other
legal action materially affects any material terms of this Agreement
or the rights or obligations of either COVAD or XXXX ATLANTIC
hereunder or the ability of COVAD or XXXX ATLANTIC to perform any
material provision hereof, the Parties shall renegotiate in good
faith such affected provisions with a view toward agreeing to
acceptable new terms as may be required or permitted as a result of
such legislative, regulatory, judicial or other legal action.
7.4 Notwithstanding anything herein to the contrary, in the event that
as a result of any decision, order or determination of any judicial
or regulatory authority with jurisdiction over the subject matter
hereof, it is determined that XXXX ATLANTIC shall not be required to
furnish any service or item or provide any benefit required to be
furnished or provided to COVAD hereunder, then COVAD and XXXX
ATLANTIC shall promptly commence and conduct negotiations in good
faith with a view toward agreeing to mutually acceptable new terms
as may be required or permitted as a result of such decision, order
or determination; provided, however, that XXXX ATLANTIC expressly
reserves all rights it may have
5
to discontinue any such service or item or benefit provided under
this Agreement to the extent permitted by any such decision, order
or determination and COVAD expressly reserves all rights it may have
to oppose any such discontinuance by XXXX ATLANTIC.
8. Regulatory Matters
8.1 Each Party shall reasonably cooperate with the other in obtaining
and maintaining any required regulatory approvals for which the
Party is responsible in connection with the performance of its
obligations under this Agreement.
8.2 The Parties understand and agree that this Agreement will be filed
with the Commission and may thereafter be filed with the FCC. Each
Party covenants and agrees to fully support approval of this
Agreement by the Commission or the FCC under Section 252 of the Act
without modification, subject to the rights of the Parties to appeal
or challenge arbitrated provisions or arbitration decisions. The
Parties also reserve the right to seek regulatory relief and
otherwise seek redress from each other regarding performance and
implementation of this Agreement. In the event the Commission, FCC
or any court rejects this Agreement in whole or in part, the Parties
agree to meet and negotiate in good faith to arrive at a mutually
acceptable modification of the rejected portion(s). If such new
terms are not renegotiated within 30 days after such rejection, the
dispute shall be referred to the Dispute Resolution process set
forth in Section 16 of the General Terms and Conditions of this
Agreement.
9. Liability and Indemnity
9.1 Indemnification
(a) With respect to all matters under this Agreement other than
Local Services (which shall be governed by applicable
Tariffs), to the extent not prohibited by Applicable Law, each
Party (the "Indemnifying Party") shall indemnify and hold
harmless the other Party ("Indemnified Party") from and
against loss, cost, claim, liability, damage, and expense
(including reasonable attorney's fees) to third parties for:
(i) damage to tangible personal property or for personal
injury proximately caused by the negligence or willful
misconduct of the Indemnifying Party, its employees,
agents or contractors; and
6
(ii) claims for libel, slander, infringement of copyright
arising from the material transmitted over the
Indemnified Party's facilities arising from the
Indemnifying Party's own communications or the
communications of such Indemnifying Party's Customers;
and
(iii) claims for infringement of patents arising from
combining the Indemnified Party's facilities or services
with, or the using of the Indemnified Party's services
or facilities in connection with, facilities of the
Indemnifying Party.
(b) The Indemnified Party will notify the Indemnifying Party
promptly in writing of any claims, lawsuits, or demands by
third parties for which the Indemnified Party alleges that the
Indemnifying Party is responsible under this Section, and, if
requested by the Indemnifying Party, will tender the defense
of such claim, lawsuit or demand. In the event the
Indemnifying Party does not promptly assume or diligently
pursue the defense of the tendered action, then the
Indemnified Party may proceed to defend or settle said action
and the Indemnifying Party shall hold harmless the Indemnified
Party from any loss, cost, liability, damage and expense. In
the event the Party otherwise entitled to indemnification from
the other elects to decline such indemnification, then the
Party making such an election may, at its own expense, assume
defense and settlement of the claim, lawsuit or demand. The
Parties will cooperate in every reasonable manner with the
defense or settlement of any claim, demand, or lawsuit.
9.2 Limitation of Liability
(a) Except as otherwise provided in (i) Section 9.1 of the General
Terms and Conditions of this Agreement, (ii) Section 11 of the
General Terms and Conditions of this Agreement and (iii) Part
III of this Agreement, no liability shall attach to either
Party, its parents, subsidiaries, affiliates, agents, servants
or employees for any cost, expense, claim, liability, damage,
expense or other Loss in the absence of gross negligence or
willful misconduct.
(b) Except as otherwise expressly provided in (i) Section 9.1 of
the General Terms and Conditions of this Agreement, (ii)
Section 11 of the General Terms and Conditions of this
Agreement and (iii) Part III of this Agreement, no Party shall
be liable to the other
7
Party for any cost, expense, claim, liability, damage, expense
or other Loss caused by the conduct of the other Party, the
other Party's agents, servants, contractors or others acting
in aid or concert with the other Party.
(c) In no event shall either Party have any liability whatsoever
to the other Party for any indirect, special, consequential,
incidental or punitive damages, including, but not limited to
loss of anticipated profits or revenue or other economic loss
in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even
if the other Party has been advised of the possibility of such
damages.
(d) Except as otherwise provided in (i) Section 9.1 of the General
Terms and Conditions (ii) Section 11 of the General Terms and
Conditions of this Agreement and (iii) Part III of this
Agreement, each Party's liability to the other Party for any
Loss relating to or arising out of any negligent act or
omission in its performance of this Agreement, whether in
contract or in tort, shall be limited to the amount that is or
would have been charged to the other Party by such negligent
or breaching Party for the specific service(s) or function(s)
not performed or improperly performed, and only for the period
of time such service or function was not performed or
improperly performed.
10. Payment Terms, Disputed Amounts and Audits
10.1 [Intentionally Omitted]
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10.2 Payment Terms
Except for alternate billed calls, and meet-point billed calls, each
Party shall xxxx on a current basis all charges incurred by and
credits due to the other Party under this Agreement attributable to
services established, discontinued or performed during the preceding
billing period. In addition, either Party may xxxx in advance
charges for all services to be provided during the earning billing
period except for charges associated with measured service usage
which will be billed in arrears. The xxxx xxx (i.e., the billing
date of a xxxx for a Party for services under this Agreement), the
period of service each xxxx covers, and the payment date will be as
follows:
(a) Each Party will establish a xxxx xxx each month for the other
Party's account. If payment is not received by the payment date, as
set forth in (b) following, in immediately available funds, a late
payment penalty will apply as set forth in (b) following.
(b) All payment for bills dated as set forth in (a) preceding for
service provided to one Party by the other are due within thirty-one
(31) calendar days (payment date) unless the billed Party is able to
establish that the xxxx was not timely received (i.e., at least 20
days prior to the payment date), in which case the payment date
shall be twenty (20) calendar days from the receipt of the xxxx. All
bills are payable in immediately available funds. If such payment
date would cause payment to be due on a Saturday, Sunday or Legal
Holiday, payment for such bills will be due from the billed Party as
follows:
(i) If such payment date falls on a Sunday or on a Legal Holiday
which is observed on a Monday, the payment date shall be the
first non-Holiday day following such Sunday or Legal Holiday.
(ii) If such payment date falls on a Saturday or on a Legal Holiday
which is observed on Tuesday, Wednesday, Thursday or Friday,
the payment date shall be the last non-Holiday day preceding
such Saturday or Legal Holiday.
(iii) Further, if any portion of the payment is received by the
billing Party after the payment date, or if any portion of the
payment is received by the billing Party in funds which are
not immediately available to the billing Party, then a late
penalty shall be due to the billing Party. The late payment
penalty shall be the portion of the payment not received by
the payment date or not immediately
9
available times a late factor. The late factor shall be the
lesser of:
(x) The highest interest rate (in decimal value) which may
be allowed by law for commercial transactions, for the
number of days from the payment date to and including
the date that the billed Party, actually makes the
payment to the billing Party, or
(y) 0.0005 per day, simple interest, for the number of days
from the payment date to and including the date that the
billed Party actually makes the payment to the billing
Party.
10.3 Disputed Amounts
In the event that a billing dispute occurs concerning any charges
billed to the billed Party by the billing Party the following
provisions will apply.
(a) The first day of the dispute shall be the date on which the billed
Party furnishes in writing the billing Party with the account number
under which the xxxx has been rendered, the date of the xxxx and the
specific items on the xxxx being disputed.
(b) If the Parties are unable to resolve the issues related to the
disputed amounts in the normal course of business within ninety (90)
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.
(c) 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 paragraph (b) above, then
the matter shall be referred for resolution pursuant to Section 16
of the General Terms and Conditions of this Agreement.
(d) The Parties agree that all negotiations pursuant to this Section
10.3 with respect to disputed amounts shall remain confidential and
shall be treated as compromise and settlement negotiations for
purposes of the
10
Federal Rules of Evidence and state rules of evidence.
(e) If a billing dispute is resolved in favor of the billing Party, any
payments withheld pending resolution of the dispute shall be subject
to the late payment penalty as set forth in paragraph 10.2 (b) (iii)
above. Further, the billed Party will not receive a disputed amount
penalty credit and/or a late payment penalty credit.
(f) If a billed Party disputes a xxxx within three months of the payment
date and pays the total billed amount on or before the payment date,
and the billing dispute is resolved in favor of the billed Party,
the billed Party will receive a credit for a disputed amount penalty
from the billing Party for the period starting with the date of
payment and ending on the date of resolution. The credit for a
disputed amount penalty shall be the following:
The disputed amount penalty shall be calculated by multiplying that
portion of the disputed amount paid and resolved in the billed
Party's favor times the lesser of:
(i) The highest interest rate (in decimal value) which may be
allowed by law for commercial transactions, for the number of
days from the first date to and including the last date of the
period involved, or
(ii) 0.0005 per day for the number of days from the first date to
and including the last date of the period involved.
(g) If the billed Party disputes a xxxx within three months of the
payment date and pays the total billed amount after the payment date
and the billing dispute is resolved in favor of the billed Party,
the billed Party will receive a credit for a disputed amount penalty
from the billing Party for the period starting with the date of
payment and ending on the date of resolution. The credit for a
disputed amount penalty shall be as set forth following. In
addition, the late payment penalty applied to the disputed amount
resolved in the billed Party's favor as set forth in paragraph
10.2(b)(iii) preceding will be credited.
(h) If the billed Party disputes a xxxx within three months of the
payment date and does not pay the disputed amount or does not pay
the billed amount (i.e., the non-disputed and disputed amount), and
the billing dispute is resolved in favor of the billed Party, the
billed Party will not receive a credit for a disputed amount penalty
from the billing Party. The late payment penalty applied to the
disputed amount resolved in the billing
11
Party's favor as set forth in paragraph 10.2(b)(iii) preceding will
not be credited.
(i) If a billed Party disputes a xxxx after three months from the
payment date and pays the total billed amount on or before the
dispute date or after the dispute date but prior to the date of
resolution, and the billing dispute is resolved in favor of the
billed Party, the billed Party will receive a credit for a disputed
amount penalty from the billing Party for the period starting with
the date of dispute (if the payment was received before or on the
dispute date) or the date of payment (if the payment was received
after the dispute date) and ending on the date of resolution. The
credit for a disputed amount penalty shall be as set forth
following. The billed Party will not receive a credit for the late
payment penalty applied to the disputed amount resolved in the
billed Party's favor if the payment was received on or before the
dispute date. If the payment was received after the dispute date but
prior to the date of resolution, the billed Party will receive a
credit for a late payment penalty applied to the disputed amount
resolved in the billed Party's favor times a late payment penalty
factor for the period starting with the date of dispute and ending
on the date of payment. The penalty factor shall be as set forth in
paragraph 10.2(b)(iii) preceding.
(j) If the billed Party disputes a xxxx after three months from the
payment date and does not pay the disputed amount or does not pay
the billed amount (i.e., the non-disputed amount and disputed
amount) and the billing dispute is resolved in favor of the billed
Party, the billed Party will not receive a credit for a disputed
amount penalty from the billing Party. The billed Party will receive
a credit for the late payment penalty applied to the disputed amount
resolved in the billed Party's favor times a late payment penalty
factor for the period starting with the date of dispute and ending
on the date of resolution. The penalty factor shall be as set forth
in paragraph 10.2(b)(iii) preceding.
(k) Adjustments for the quantities of services established or
discontinued in any billing period will be prorated to the number of
days or major fraction of days based on a thirty (30) day month. The
billing Party will, upon request and if available, furnish to the
billed Party such detailed information as may reasonably be required
for verification of any xxxx.
(l) When a rate as set forth in this Agreement is shown to more than two
decimal places, the charges will be determined using the rate shown.
The resulting amount will then be rounded to the nearest xxxxx
(i.e., rounded to two decimal places).
12
10.4 Audits and Inspections
(a) Subject to the terms and conditions of this Section 10.4, the
restrictions set forth in Section 18 of the General Terms and
Conditions and the reasonable security requirements of each
Party and except as may be otherwise specifically provided in
this Agreement, each Party (the "Auditing Party") may audit
the other Party's (the "Audited Party") books, records and
other documents which relate solely to the Parties' billing to
the other Party under this Agreement once each year at the
conclusion of each calendar year, in order to evaluate the
accuracy of such other Party's billing and invoicing. The
Parties may employ other persons or firms for this purpose.
Such audit shall take place at a time and place agreed to by
the Parties no later than thirty (30) days after notice
thereof to such other Party.
(b) Each Audited Party shall promptly correct any billing error
that is revealed in an audit, including reimbursing any
overpayment in the form of a credit to the Auditing Party on
the invoice for the first full billing cycle after the Parties
have agreed upon the accuracy of the audit results. Any
disputes concerning audit results shall be resolved pursuant
to the procedures described in Section 16 of the General Terms
and Conditions of this Agreement.
(c) Each Audited Party shall cooperate fully in any such audit,
providing reasonable access to any and all appropriate
employees and relevant books, records and other documents
reasonably necessary to assess the accuracy of its bills.
(d) Each Auditing Party may perform a single additional audit of
the Audited Party's relevant books, records and documents
during any calendar year if the previous audit uncovered
uncorrected net variances or errors in invoices in favor of
the Audited Party having an aggregate value (except for Local
Services purchases) of not less than two percent (2%) of the
total amount payable by the Auditing Party during the period
covered by the audit.
(e) All audits shall be conducted at the sole cost and expense of
the Auditing Party.
(f) Upon (i) the discovery by either Party of overcharges not
previously reimbursed to the other Party or underpayments by a
Party or (ii) the resolution of disputed audits, each Party
shall
13
promptly reimburse or pay to the Party entitled thereto the
amount of any overpayment or underpayment, together with
interest thereon at a rate per month equal to the lesser of
1.5% or the maximum permitted legal rate of interest for the
number of days from the date such Party received such
overpayment or, in the case of an underpayment, should have
received such payment through but excluding the date such
reimbursement or payment is made. In no event, however, shall
interest be assessed on any previously assessed or accrued
late payment charges.
10.5 Alternate Billing to Third Numbers
10.5.1 Intentionally Omitted
10.5.2 Intentionally Omitted
10.5.3 Intentionally Omitted
10.5.4 Intentionally Omitted
10.5.5. Alternate Billed Calls.
XXXX ATLANTIC will use a XXXX ATLANTIC territory
intraregion Alternate Billed Call clearinghouse (the
"Clearinghouse") for settling Alternate Billed Calls for
facility-based and unbundled Network Element purposes.
XXXX ATLANTIC shall provide usage records for Alternate
Billed Calls directly to COVAD with a report to the
Clearinghouse. COVAD agrees that it will promptly pay to
the Clearinghouse all amounts billed by the
Clearinghouse on behalf of XXXX ATLANTIC for Alternate
Billed Calls. COVAD shall be entitled to a billing and
collection fee as specified in Part IV for billing
Alternate Billed Calls to COVAD customers. Such billing
and collection fee shall be deducted by the
Clearinghouse from the amounts owed by COVAD to XXXX
ATLANTIC and the xxxx provided to COVAD by the
Clearinghouse shall reflect the net amount due from
COVAD.
COVAD will transmit and settle Alternate Billed calls
directly with XXXX ATLANTIC or its agent at which time
the Billing and Collection fee will be as specified in
Part IV for Alternate Billed calls.
14
10.6 Reciprocal Compensation
(a) Reciprocal Compensation only applies to the transport and
termination of Reciprocal Compensation Traffic.
(b) The Parties shall compensate each other for transport and
termination of Reciprocal Compensation Traffic, based on
actual usage, at the rates set forth in Part IV hereof.
(c) The Reciprocal Compensation arrangements set forth in this
Agreement are not applicable to Switched Exchange Access
Service, including intraLATA calls originated on a third-party
carrier's network on a 1+ presubscribed basis or a casual
dialed (10XXX or 101XXXX) basis. All Switched Exchange Access
Service and all Toll Traffic shall continue to be governed by
the terms and conditions of the applicable federal and state
Tariffs. Notwithstanding any legislative, regulatory, judicial
or other legal action, the Parties agree that the Reciprocal
Compensation arrangements contained in this subsection 10.6
shall not apply to traffic handed off from one Party to the
other Party, within a XXXX ATLANTIC intraLATA calling area,
for delivery to an Internet Service Provider for carriage over
the Internet ("ISP Traffic"). To the extent that either Party
is unable to measure the volume of ISP Traffic, the Parties
agree to work cooperatively to estimate such traffic volume.
(d) When either Party delivers seven (7) or ten (10) digit
translated intraLATA 800/888 service to the other Party for
termination, where the originating Party uses its own switch
(i.e., not utilizing unbundled switching from the terminating
Party), the originating Party shall provide the terminating
Party with customer billing records in industry standard
format (EMR) if required by the terminating Party. Where the
originating Party utilizes unbundled switching from the
terminating Party, the Party with recording capability will
provide such records. Where the originating Party uses its own
switch (not utilizing unbundled switching) to originate the
call, the originating Party may xxxx the terminating Party for
the delivery of the traffic at Reciprocal Compensation rates.
The terminating Party may not xxxx the originating Party for
Reciprocal Compensation under this Agreement, except
15
where the originating Party fails to provide the terminating
Party with useable EMR records in a timely manner. The
originating Party shall bear the entire cost of any systems
development and production of such records; provided that the
terminating Party that is providing the 800/888 service shall
pay for each record provided by the originating Party at the
reciprocal record exchange rate set forth in Part IV hereof.
If the originating Party performs the 800 database query for
the terminating Party, the originating Party may charge the
terminating Party for such a query at the rate set forth in
Part IV hereof.
(e) Except for Reciprocal Compensation Traffic, each Party shall
charge the other Party its effective applicable tariffed
IntraLATA switched access rates for the transport and
termination of all IntraLATA Toll Traffic.
(f) The rates for termination of Reciprocal Compensation Traffic
are set forth in Part IV.
11. Installation Intervals and Credits
11.1 Installation Intervals
XXXX ATLANTIC shall provision the unbundled Network Elements
identified below in accordance with the installation intervals
specified herein, provided, however, that in no event shall XXXX
ATLANTIC be obligated to provide intervals that are more favorable
than XXXX ATLANTIC extends to its own customers for comparable
services. In the event that an interval XXXX ATLANTIC extends to its
own customers for a comparable service exceeds the interval
specified below, XXXX ATLANTIC shall notify COVAD in writing of the
interval that XXXX ATLANTIC extends to its own customers for that
comparable service (the "parity interval"). Ten (10) days after
receipt of such notice, the parity interval shall apply to
subsequent orders placed by COVAD for the comparable element for
which intervals are specified in this Section 11, notwithstanding
the intervals specified in Section 11.1(a)-(c) below.
After receipt of such notice, and notwithstanding Section 11.5
below, Covad may, at any time and at its sole discretion, elect to
waive its rights to credits pursuant to this Section 11 and may seek
other applicable intervals and remedies that may result from PSC or
FCC
16
proceedings for any failure by Xxxx Atlantic to timely provide any
unbundled Network Element specified in this Section 11.
a) In every instance where facilities exist and COVAD orders less
than ten (10) 2-Wire ISDN-Compatible Digital Loops or less
than ten (10) 4-Wire 64 Kbps Digital Loops, as described in
Part II, Section 2.9.1 (c) and (d), from XXXX ATLANTIC, XXXX
ATLANTIC shall provide to COVAD such loops within ten (10)
business days from XXXX ATLANTIC's receipt of a complete and
accurate order from COVAD.
b) Unless otherwise mutually agreed, Interoffice Transmission
Facilities ("IOF"), excluding SONET, shall be provided to
COVAD within thirty (30) calendar days from XXXX ATLANTIC's
receipt of a complete and accurate order from COVAD, subject
to the availability of facilities. The installation interval
for the provision of IOF on or using SONET technologies shall
be negotiated by the Parties in good faith.
(c) To the extent ADSL-Compatible and/or HDSL-Compatible Loops
become available under the terms set forth in Part II, Section
2.9.1 (g), XXXX ATLANTIC and COVAD agree to negotiate
installation intervals for such unbundled Network Elements
after the successful completion of an Operational Trial as
described in Part II, Section 2.9.1(g). The Parties shall
negotiate in good faith to establish such installation
intervals and associated credit provisions within sixty (60)
days of the date on which such loops are first provisioned by
XXXX ATLANTIC pursuant to Part II, Section 2.9.1(g).
11.2 Specified Performance Breach
If XXXX ATLANTIC's provision of an unbundled Network Element
identified in Section 11.1 above, exceeds the installation interval
set forth in that Section, XXXX ATLANTIC shall issue credits to
COVAD, in accordance with and subject to the terms and conditions
set forth in this Section 11.
11.3 Credits
COVAD and XXXX ATLANTIC agree and acknowledge that: (i) the credits
are not a penalty and have been determined based upon the facts and
circumstances known to COVAD and XXXX ATLANTIC at the time of the
negotiation and the execution of this Agreement, with due regard
given to the performance expectations of each Party; and (ii) COVAD
shall not be required to provide any proof of its injury from any
failure by XXXX ATLANTIC to achieve the installation interval as a
condition precedent to issuance of the credit. Notwithstanding (ii)
17
above, COVAD upon XXXX ATLANTIC's request shall provide any
information reasonably requested by XXXX ATLANTIC to enable XXXX
ATLANTIC to determine whether a credit is payable, including
information for any particular unbundled Network Element for which
COVAD asserts XXXX ATLANTIC failed to meet the installation interval
set forth in Section 11.1 of the General Terms and Conditions of
this Agreement. Credits will apply as follows, subject to the
foregoing and to the limitations set forth in Section 11.4 below:
(a) 2-Wire ISDN-Compatible Digital Loops 4-Wire 64 Kbps Digital Loops,
ADSL-Compatible Loops, and HDSL-Compatible Loops. In the event that
XXXX ATLANTIC fails to provide a 2-Wire ISDN Compatible Digital
Loop, a 4-Wire 64 Kbps Digital Loop, or an ADSL- or HDSL-Compatible
Loop to COVAD within the installation interval set forth in Section
11.1 (a) or (c), XXXX ATLANTIC shall credit COVAD twenty five
percent (25%) of the applicable installation nonrecurring charges.
For every business day beyond the installation interval specified in
Section 11.1(a) or (c), that XXXX ATLANTIC does not provide such
loops XXXX ATLANTIC shall credit COVAD with 1/10th of the
installation nonrecurring charge for each such loop. Notwithstanding
the foregoing, at no time shall the maximum credit exceed the full
nonrecurring charge applicable to the installation of such loops.
(b) Interoffice Transmission Facilities. If XXXX ATLANTIC fails to
install IOFwithin the installation interval set forth in Section
11.1(b), then for every business day that XXXX ATLANTIC does not
provide IOF services beyond a thirty-five (35) day period, XXXX
ATLANTIC shall credit COVAD with 1/20th of the applicable
installation nonrecurring charge for such service. Notwithstanding
the foregoing, at no time shall the maximum credit exceed the full
nonrecurring charge applicable to the installation of such service.
11.4 Limitations
XXXX ATLANTIC shall not be liable for credits specified in Section
11.3 where:
18
a) XXXX ATLANTIC's failure to meet the installation interval is
caused, directly or indirectly, by a Delaying Event. A
"Delaying Event" means (i) a failure by COVAD to perform any
of its obligations set forth in this Agreement; (ii) any
delay, act or failure to act by COVAD or its customer, agent,
vendor, affiliate, representative or subcontractor; (iii) any
Force Majeure Event; or (iv) such other delay, act or failure
to act upon which the Parties may agree. Where XXXX ATLANTIC
is unable to provision an unbundled Network Element because of
a Delaying Event, XXXX ATLANTIC shall assign a new
installation interval subject to the terms set forth in
Section 11.1 and Section 11.3, above, this Section 11.4, and
Section 11.5 below;
b) For any order for Local Loops or IOF, where COVAD has
requested a date due or other installation interval different
(later or earlier) from those specified in Section 11.1 (a)
and (b);
c) COVAD has submitted orders for Local Loops in excess of (i)
3000 in any one month, (ii) 200 in any one day, (iii) 150 in
any one Central Office in any one day, or (iv) 30 in any one
hour. In such event, credits will apply only to the first (w)
3000 orders submitted in that particular month, (x) 200 orders
submitted in that particular day; (y) 150 orders submitted in
that particular Central Office on that particular day; or (z)
30 orders submitted in that particular hour;
d) COVAD has submitted orders for Local Loops or IOF that exceed
the forecast provided by COVAD by greater than five percent
(5%) by type and location. In such event, credits will apply
only to orders up to the forecasted amount; and/or
e) COVAD has not submitted the order(s) for Local Loops or IOF
through the standard electronic interface, provided that XXXX
ATLANTIC has made available to COVAD a standard electronic
interface pursuant to this Agreement.
11.5 Sole Remedy
In the absence of gross negligence or willful misconduct, the
credits described herein shall be the sole and exclusive remedy
available for any failure by XXXX ATLANTIC to provide the unbundled
Network Elements in accordance with this Section 11 regardless of
the existence or availability of any other remedy, procedure or
process available to COVAD at law or equity, and shall apply
irrespective of any other determinations made with respect to other
carriers in PSC Case No. 97-C-0139.
12. OSS/Electronic Interfaces
19
For unbundled Network Elements, XXXX ATLANTIC will provide
nondiscriminatory access to OSS functions for preordering, ordering,
provisioning, maintenance and repair, and billing as required by the Act,
the Order and other Applicable Law.
13. Operations Plan and Implementation Team The Parties agree to an
Implementation Plan as set forth in Attachment 2 to this Agreement.
14. Force Majeure
(a) Neither Party shall be liable for any delay or failure in
performance of any part of this Agreement (other than an obligation
to make money payments) from any cause beyond its reasonable control
and without its fault or negligence including, without limitation,
acts of nature, acts of civil or military authority, government
regulations, embargoes, epidemics, terrorist acts, riots,
insurrections, fires, explosions, earthquakes, nuclear accidents,
floods, work stoppages, strikes, equipment failure, power blackouts,
volcanic action, other major environmental disturbances, unusually
severe weather conditions, inability to secure products or services
of other persons or transportation facilities, or acts or omissions
of transportation carriers (each, a "Force Majeure Event"). If any
Force Majeure Event occurs, the Party delayed or unable to perform
shall give prompt notice to the other Party and shall take all
reasonable steps to mitigate the effects of such Force Majeure
Event. During the pendency of the Force Majeure Event, the duties of
the Parties under this Agreement affected by the Force Majeure Event
shall be abated and, upon cessation of such Force Majeure Event,
shall resume as promptly as reasonably practicable, without
liability thereafter.
(b) Notwithstanding paragraph (a) of this Section 14, no delay or other
failure to perform shall be excused pursuant to this Section 14 by
the acts or omissions of a Party's subcontractors, material men,
suppliers or other third persons providing products or services to
such Party unless such acts or omissions are themselves the product
of a Force Majeure Event, or unless such delay or failure and the
consequences thereof are beyond the reasonable control and without
the fault or negligence of the Party claiming excusable delay or
other failure to perform.
15. Certain State and Local Taxes Each Party purchasing services hereunder
shall pay or otherwise be responsible for all federal, state, or local
sales, use, excise, gross receipts, transaction or similar taxes, fees or
surcharges levied against or upon such purchasing Party (or the providing
Party when such providing Party is permitted to pass along to the
purchasing Party such taxes,
20
fees or surcharges), except for any tax on either Party's corporate
existence, status or income (other than income taxes included in rates
through the computation of carrying charge factors). Whenever possible,
these amounts shall be billed as a separate item on the invoice. To the
extent a sale is claimed to be qualified for resale tax exemption, the
purchasing Party shall furnish the providing Party a proper resale tax
exemption certificate as authorized or required by statute or regulation
by the jurisdiction providing said resale tax exemption. Failure to timely
provide said resale tax exemption certificate will result in no exemption
being available to the purchasing Party.
21
16. Dispute Resolution
16.1 General
Except for any matters related to XXXX ATLANTIC's compliance with the FCC
Merger Order in the Application of XXXX ATLANTIC Corporation, Transferee,
For Consent to Transfer Control of XXXX ATLANTIC Corporation and its
Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997)
("the FCC Merger Order") (including but not limited to any payment option
established pursuant to Section 17A of the General Terms and Conditions of
this Agreement), dispute resolution under the procedures provided in this
Section 16 shall be the primary remedy for all disputes between XXXX
ATLANTIC and COVAD directly arising out of this Agreement or its breach.
If, for any reason, certain claims or disputes are deemed to be
non-arbitrable, the non-arbitrability of those claims or disputes shall
not determine the arbitrability of any other claims or disputes.
Nothing in this Section 16 shall limit the right of either XXXX ATLANTIC
or COVAD to obtain provisional remedies (including injunctive relief) from
a court before, during or after the pendency of any arbitration proceeding
brought pursuant to this Section 16. However, once a decision is reached
by the arbitrator, such decision shall supersede any provisional remedy.
If, for any reason, the Commission or any other federal agency of
competent jurisdiction exercises jurisdiction over and decides any dispute
arising out of this Agreement and, as a result, a claim is adjudicated in
both an agency proceeding and an arbitration proceeding under this Section
16, the agency ruling shall be binding upon the Parties, to the extent
allowed by law.
16.2 Inter-Company Review Board:
(1) The Parties to this Agreement shall establish an Inter-Company
Review Board consisting of at least one representative from each
Party at the managing director or above level (or such lower level
as the Parties agree) to assist in the resolution of disputes
between XXXX ATLANTIC and COVAD.
22
(a) Each Party must designate its initial representative to the
Inter-Company Review Board within 15 days of the Effective
Date of this Agreement.
(b) The Parties may change their designee, or select an
alternative designee, as required or deemed appropriate,
without notice.
16.3 Non-Service Affecting Disputes:
If a non-service affecting dispute arises between XXXX ATLANTIC and COVAD
during the term of the Agreement, the following process shall be followed
to resolve such dispute. In the event the Parties, in good faith, do not
agree that a non-service affecting dispute exists, the dispute shall be
assumed to be a service affecting dispute and the process for resolving a
service affecting dispute, as described below, shall be followed.
(1) Informal Negotiation of Non-Service Affecting Dispute.
If the parties have a non-service affecting dispute either Party may
initiate the procedures set forth herein by providing notice of the
existence of a non-service affecting dispute as set forth in Section
17. The petitioning party shall also serve the Commission and the
Inter-Company Review Board with a copy of the notice.
(a) The Parties shall have an initial 30 day period beginning from
the date on which either Party has provided written notice to
the other Party identifying the existence of a non-service
affecting dispute within which to resolve the dispute
themselves, without mediation or arbitration as provided
below.
(b) During the 30 day period referenced in subsection (a), the
Parties, through the Inter-Company Review Board, shall make a
reasonable effort to meet as often as necessary but not less
than one time each week in an effort to resolve a dispute.
(c) The Parties may also mutually agree to other informal
resolution processes for specific circumstances, including,
but not limited to commercial mediation or arbitration.
(2) Formal Mediation or Arbitration of Non-Service Affecting Dispute.
If the Inter-Company Review Board is unable to resolve a non-service
affecting dispute within thirty days (or such other period agreed to
in writing by the Parties) either Party may petition the Commission
to request mediation. If agreement cannot be reached through
mediation, either Party may then file a petition for commercial
arbitration pursuant to the
23
Commercial Arbitration Rules of the American Arbitration
Association.
(a) A request for mediation shall be submitted in writing to the
Commission, with a copy served on the other Party pursuant to
Section 17.
(b) The period of mediation shall be 30 days commencing on the
date of filing of such petition for mediation. Such
petition shall include a request to the Commission to
choose a mediator within the first 10 days of such 30 day
period, and the mediation shall be conducted by a mediator
designated by the Commission. The Commission may assign a
staff person or a professional mediator to conduct the
mediation. The Parties shall cooperate in good faith with
the mediator to resolve the dispute within such 30 day
period. If, at any date following the 20th day of such 30
day period, the Parties have not resolved their dispute,
the Parties may request the mediator formally declare a
deadlock.
(c) Following the earlier to occur of (i) expiration of the 30
day mediation period without resolution of the dispute
between the Parties or (ii) formal declaration of a
deadlock by the mediator as contemplated in preceding
paragraph (b), either Party may petition for arbitration by
a single arbitrator pursuant to the Commercial Arbitration
Rules of the American Arbitration Association. This
petition for arbitration should include a comprehensive
explanation of the dispute (e.g., unresolved issues, areas
of agreement, stipulations of fact), as well as all
relevant correspondence exchanged during negotiations or
mediation. The petitioning Party shall provide a copy of
the petition to the other Party on the same day that the
petition for arbitration is filed. The other Party shall
assent to such petition for arbitration.
(d) The rules set forth in this subsection and the rules of the
American Arbitration Association ("AAA") shall govern all
arbitration proceedings initiated pursuant to this Section
16; however, such arbitration proceedings shall not be
conducted under the auspices of the AAA unless the Parties
mutually agree. Where any of the rules set forth herein
conflict with the rules of the AAA, the rules set forth in
this Section 16 shall prevail.
(e) To the extent possible, within ten (10) days of the filing of
the petition for arbitration, the Parties shall appoint an
arbitrator upon mutual agreement to resolve the dispute.
(f) Discovery shall be controlled by the arbitrator. The
arbitrator shall have the power to award any remedy or
relief that a court with jurisdiction over this Agreement
could order or grant, including,
24
without limitation, the awarding of damages, pre-judgment
interest, specific performance of any obligation created under
the Agreement, issuance of an injunction, or imposition of
sanctions for abuse or frustration of the arbitration process
except as limited by Sections 9 and 11 of the General Terms
and Conditions and Part III of this Agreement. The arbitrator
shall not have the authority to limit, expand, or otherwise
modify the terms of this Agreement.
(g) The arbitration hearing shall be commenced within sixty
(60) days of the petition for arbitration. The arbitrator
shall issue in writing and serve his or her decision and
award on the Parties within 20 business days of the close
of the arbitration hearing. The times specified in this
subsection may be extended upon mutual agreement of the
Parties or by the arbitrator upon a showing of good cause
by one Party.
(h) Within thirty (30) days of the decision and award, the
arbitrator's decision must be submitted to the Commission
for review. Each Party must also submit its position on
the award and statement as to whether the Party agrees to
be bound by it or seeks to challenge it. The Commission
will determine whether to review the dispute within fifteen
(15) days of the date of receipt of the decision submitted
for review. If the Commission does not exercise its
jurisdiction within fifteen (15) days of receipt, the
arbitrator's decision and award shall be final and binding
on the Parties, except as provided below. Judgment upon
the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. Either Party may apply
to the United States District Court for the district in
which the hearing occurred for an order enforcing the
decision.
(i) A decision of the arbitrator shall not be final in the event
the dispute concerns the misappropriation or use of
intellectual property rights of a Party, including, but not
limited to, the use of the trademark, tradename, trade dress
or service xxxx of a Party, and the decision and award is
appealed by a Party to a federal or state court with
jurisdiction over the dispute.
(j) Each Party agrees that any permitted appeal must be commenced
within thirty (30) days after the arbitrator's decision in the
arbitration proceeding becomes final and binding.
(k) In the event an agency or court agrees to hear the matter on
appeal, a Party must comply with the results of the
arbitration
25
process during the appeal process, unless a stay is granted.
(l) Except as provided below, each Party shall bear its own costs
of these procedures. The Parties shall equally split the fees
of the arbitration and the arbitrator. However, if in the
arbitrator's judgment, one Party's claim is frivolous, then
the arbitrator may determine that such Party should bear such
expense.
16.4 Service Affecting Disputes:
If a service affecting dispute arises between XXXX ATLANTIC and COVAD
during the term of the Agreement, the following process shall be followed
to resolve such dispute. Any disputes over a matter that directly affects
the ability of a Party to provide timely services to its customers shall
be considered a service affecting dispute. The Parties may mutually agree
to resolve service affecting disputes in accordance with the procedures
set forth in Section 16.3 for non-service affecting disputes. However, in
the sole discretion of the Party identifying the existence of the service
affecting dispute, said dispute may be resolved in accordance with the
general procedures/timeframes for a non-service affecting dispute, as
described above. The Parties agree that disputes regarding the
applicability or provision of credits under Section 11 of the General
Terms and Conditions and Part III of this Agreement shall not constitute
service affecting disputes.
(1) Informal Negotiation of Service Affecting Dispute.
If the Parties have a service affecting dispute either Party may
initiate the procedures set forth herein by providing notice of the
existence of a service affecting dispute as set forth in Section 17.
The Parties shall have an initial seven business day period
beginning from the date on which either Party has provided written
notice to the other Party identifying the existence of a service
affecting dispute and seeking to resolve it, within which to resolve
the dispute themselves, without mediation or arbitration as provided
below, except as set forth in subsection (b) below.
(a) The Parties to this Agreement shall submit any service
affecting dispute between XXXX ATLANTIC and COVAD for
resolution to the Inter-Company Review Board. The Parties
shall make a reasonable effort to meet as often as
necessary but not less than once in an effort to resolve
the 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.
(b) The Parties may also mutually agree to other informal
resolution processes for specific circumstances, including,
but not limited to
26
commercial mediation or arbitration.
(2) Formal Arbitration of Service Affecting Dispute If the Inter-Company
Review Board is unable to resolve a service affecting dispute within
seven business days (or such other period agreed to in writing by
the Parties) either Party may petition for arbitration to resolve
the dispute pursuant to paragraph 16.3, subsection (2)(c)-(l) as
modified by this subparagraph. A dispute will be deemed submitted to
the Inter-Company Review Board on the date a Party requests
Inter-Company Review Board action in writing, transmitted by
facsimile and confirmed. A Party's petition for arbitration may be
in letter or memorandum form and must specifically describe the
action or inaction of the other Party in dispute and identify with
particularity how the Party's service to its Customers is affected.
To the extent reasonable, and technically and operationally
feasible, the Party against whom the complaint has been made, shall
take immediate remedial action to correct the service affecting
condition, without prejudice to its position on the merits of the
dispute or its right to recover any costs incurred in implementing
an interim solution. The arbitration hearing shall be commenced
within thirty (30) days of the petition for expedited arbitration.
The hearing will be limited to four days, with each Party allocated
no more than two days, including cross-examination by the other
Party, to present its evidence and arguments. At the arbitrator's
discretion and for extraordinary reasons, including the need for
extensive cross-examination, the arbitrator may allocate more time
for the hearing. The arbitrator shall issue in writing and serve his
or her decision and award on the Parties within five (5) business
days of the close of the arbitration hearings or receipt of the
hearing transcript, whichever is later. The Parties shall take
actions necessary to implement the decision and award of the
arbitrator immediately upon receipt of the arbitrator's decision.
The Parties shall submit the decision and award of the arbitrator,
along with each Party's position on the award and statement as to
whether the Party agrees to be bound by it or seek to challenge it,
to the Commission within three (3) days of receipt of the
arbitrator's award and decision. The Commission will determine
whether to review the dispute within seven (7) days of receipt. If
the Commission does not exercise its jurisdiction in seven (7) days,
the arbitrator's decision and award shall be final and binding on
the Parties, except as provided in Section 16.2, subsection (2).
16.4 Confidentiality
(1) XXXX ATLANTIC, COVAD, and the mediator or arbitrator will treat the
mediation or arbitration proceedings, including the hearings and
conferences, discovery, or other related events, as confidential,
except as
27
necessary in connection with a judicial challenge to, or enforcement
of, an award, or unless otherwise required by an order or lawful
process of a court or governmental body.
(2) In order to maintain the privacy of all mediation or arbitration
conferences and hearings, the mediator or arbitrator shall have the
power to require the exclusion of any person, other than a Party,
counsel thereto, or other essential persons.
(3) To the extent that any information or materials disclosed in the
course of mediation or arbitration proceedings contain proprietary,
trade secret or confidential information of either Party, it shall
be safeguarded in accordance with an appropriate agreement for the
protection of proprietary, trade secret or confidential information
that the Parties agree to negotiate. However, nothing in such
negotiated agreement shall be construed to prevent either Party from
disclosing the other Party's information to the mediator or
arbitrator in connection with or in anticipation of mediation or
arbitration proceedings. In addition, the arbitrator may issue
orders to protect the confidentiality of proprietary information,
trade secrets, or other sensitive information in the event the
Parties cannot agree upon an agreement to govern the handling of
such information.
17. Notices Any notices or other communications required or permitted to be
given or delivered under this Agreement shall be in hard-copy writing
(unless otherwise specifically provided herein) and shall be sufficiently
given if (a) delivered personally, (b) delivered by prepaid overnight
express service or (c) delivered by confirmed telecopier transmission with
a copy delivered thereafter in the manner set forth in (a) or (b) above,
to the following (unless otherwise specifically required by this Agreement
to be delivered by other means or to another representative or point of
contact and except for notices required in the ordinary course of
business):
If to COVAD:
COVAD Communications Company
0000 Xxxxxxx Xxxxxx
Xxxxx Xxxxx, XX 00000
Attn: General Counsel
With a copy of each notice relating to an action, suit proceeding or claim
to be sent simultaneously to:
28
COVAD Communications Company
0000 Xxxxxxx Xxxxxx
Xxxxx Xxxxx, XX 00000
Attn: Chief Executive Officer
Telecopier: (000) 000-0000
If to Xxxx Atlantic:
XXXX ATLANTIC
1095 Avenue of the Xxxxxxxx
00xx Xxxxx
Xxx Xxxx, XX 00000
Attention: General Counsel
Telecopier: (000) 000-0000
With a copy of each notice relating to an action, suit proceeding or claim
to be sent simultaneously to:
XXXX ATLANTIC
1095 Avenue of the Xxxxxxxx
00xx Xxxxx
Xxx Xxxx, XX 00000
Attention: President - Telecom Industry Services
Telecopier: (000) 000-0000
Either Party may unilaterally change its designated representative and/or
address for the receipt of notices by giving seven (7) days' prior written
notice to the other Party in compliance with this Section. Any notice or
other communication shall be deemed given when received.
17A. Non-Waiver. Nothing in this Agreement shall constitute a waiver by COVAD
of any rights it may have under the FCC Order in the Application of XXXX
ATLANTIC Corporation, Transferee, For Consent to Transfer Control of XXXX
ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion
and Order (August 14, 1997) ("the FCC Merger Order"). Any such rights
under the FCC Merger Order shall supplement COVAD's rights under this
Agreement.
29
Pursuant to the FCC Merger Order, XXXX ATLANTIC will provide COVAD with an
installment payment option as outlined in the letter to the Commission
dated November 12, 1997 and contained in Appendix A to the General Terms
and Conditions or an alternative equally acceptable to XXXX ATLANTIC. The
Parties agree to continue discussions to see if they can establish a
reasonable alternative that is agreeable to both Parties. If the Parties
agree to the terms and conditions of such a payment option, then the
Parties agree to amend this Agreement to incorporate such terms and
conditions. If XXXX ATLANTIC proposes any future installment payment
option that XXXX ATLANTIC makes generally available, COVAD may adopt such
option and the Parties will amend this Agreement to incorporate such terms
and conditions.
30
18. Confidentiality
(a) Any information such as specifications, drawings, sketches, business
information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party")
that is furnished or made available or otherwise disclosed to the
other Party or any of its employees, contractors, agents or
Affiliates (its "Representatives" and, together with a Party, a
"Receiving Party") pursuant to this Agreement (such information,
other than customer proprietary network information, as defined in
Section 222(f)(1) of the Act, being hereinafter collectively
referred to as "Proprietary Information") shall be deemed the
property of the Disclosing Party. Proprietary Information, if
written, shall be marked "Confidential" or "Proprietary" or by other
similar notice, and, if oral or visual, shall be confirmed in
writing as confidential by the Disclosing Party to the Receiving
Party within ten (10) days after disclosure. Unless Proprietary
Information was previously known by the Receiving Party free of any
obligation to keep it confidential, or has been or is subsequently
made public by an act not attributable to the Receiving Party, or is
explicitly agreed in writing not to be regarded as confidential, or
is independently developed by the Receiving Party, the Parties
hereby agree that in addition to the confidentiality requirements
set forth in the Act and the Order, all Proprietary Information (i)
shall be held in confidence by each Receiving Party; (ii) shall be
disclosed on a confidential basis to only those persons who have a
need for it in connection with the provision of services required to
fulfill this Agreement and shall be used only for such purposes; and
(iii) may be used for other purposes only upon such terms and
conditions as may be mutually agreed to in advance of use in writing
by the Parties. Notwithstanding the foregoing sentence, a Receiving
Party shall be entitled to disclose or provide Proprietary
Information as required by any governmental authority or applicable
law only in accordance with Section 18(b) below.
(b) If any Receiving Party is required by any governmental authority or
by Applicable Law to disclose any Proprietary Information, then such
Receiving Party shall provide the Disclosing Party with written
notice of such requirement, to the extent permitted by law, as soon
as possible and, where possible, prior to such disclosure. The
Disclosing Party may then seek appropriate protective relief from
all or part of such requirement, and the Receiving Party shall use
all commercially reasonable efforts to cooperate with the Disclosing
Party in attempting to obtain any protective relief which such
Disclosing Party chooses to
31
obtain. Absent any restraining order or other relief prohibiting any
such disclosure by the Receiving Party, then the Receiving Party
shall be entitled to disclose such Proprietary Information and shall
incur no liability hereunder as a result thereof.
(c) In the event of the expiration or termination of this Agreement for
any reason whatsoever, each Party shall return to the other Party or
destroy all Proprietary Information and other documents, work papers
and other material (including all copies thereof) obtained from the
other Party in connection with this Agreement and shall use all
reasonable efforts, including instructing its employees and others
who have had access to such information, to keep confidential and
not to use any such information, unless such information is now, or
is hereafter disclosed, through no act, omission or fault of such
Party, in any manner making it available to the general public.
(d) The Receiving Party may make copies of Proprietary Information only
as reasonably necessary to perform its obligations under this
Agreement. All such copies shall bear the same copyright and
proprietary rights notices as are contained on the original.
(e) Except as otherwise expressly provided elsewhere in this Agreement,
no license is hereby granted under any patent, trademark, or
copyright, nor is any such license implied, solely by virtue of the
disclosure of any Proprietary Information.
19. Number Portability
19.1 Interim Number Portability
(a) Until Number Portability is implemented on an industry-wide
basis pursuant to an order or regulation issued by the FCC or
the Commission, the Parties agree to provide to each other
Interim Number Portability (as defined in the Act, "INP")
through remote call forwarding, route indexing, and full NXX
code migration as set forth below or through any other
technical solution which may, at the option of the Parties, be
mutually agreed to by the Parties.
(b) Upon implementation of Number Portability pursuant to an FCC
or Commission regulation, both Parties agree to conform and
provide such Number Portability in accordance with said
32
regulation. Once Number Portability is implemented, either
Party may withdraw, at any time and at its sole discretion,
its INP offerings, subject to reasonable advance written
notice to the other Party.
(c) In the event a Customer of one Party ("Party A") elects to
become a Customer of the other Party ("Party B") and such
Customer continues to reside within the same central office
boundary and Rate Center, and elects to utilize the original
telephone number(s) corresponding to the Exchange Service(s)
it previously received from Party A in conjunction with the
Exchange Service(s) it will now receive from Party B:
(i) Party B shall, upon receipt from such Customer of the
type of customer authorization required by the
Commission or the FCC (together with an associated
service order which, among other things, indicates that
Party B has obtained the required customer authorization
permitting assignment of the number to Party B), place
an order with Party A to implement an arrangement
whereby all calls to the original telephone number(s)
will be forwarded to Party B over the appropriate
Local/IntraLATA trunks for purposes of forwarding the
call.
(ii) Party B shall become the customer of record for the
original Party A telephone numbers subject to the INP
arrangements provided that Party B continues to use the
INP service for the use of the end user customer
originally assigned such number, and in all respects
shall be treated as the customer as to such number as if
Party B has been assigned such number. Party A shall use
its reasonable efforts to consolidate into as few
billing statements as possible all collect, calling
card, and third-number billed calls associated with
those numbers, with sub-account detail by retained
number. The parties shall work cooperatively to enable
Party A to provide such billing statement to Party B in
an agreed-upon format via either electronic file
transfer, daily magnetic tape, or monthly magnetic tape.
(iii) Party A will update its Line Information Database
("LIDB") listings for retained numbers, as directed by
Party B, and cancel calling cards associated with those
forwarded
33
numbers.
(iv) Within two (2) business days of receiving notification
from the new Local Services carrier or the Customer
terminating service with Party B, Party B shall notify
Party A of the Customer's termination of service with
Party B. Party A will cancel the INP arrangements for
such Customer's telephone number(s). In the event Party
A changes its telephone numbers, it may discontinue
providing INP service as to such numbers.
(d) Procedures for Providing INP Through Route Indexing. Either
Party may deploy a Route Index arrangement which combines
direct trunks provisioned between XXXX ATLANTIC and COVAD's
end offices with trunk side routing translations. Under this
arrangement, inbound calls to a ported number will be pointed
at a Route Index that sends the call to a dedicated trunk
group, built as a direct final, for the sole purpose of
facilitating completion for calls to a ported number. Each
Party will coordinate with the other to provide this solution
in a mutually agreeable and administratively manageable manner
(e.g., NXX level) so as to minimize switch resource
utilization for both Parties. COVAD shall pay to XXXX ATLANTIC
all costs and expenses incurred by XXXX ATLANTIC in
implementing such Route Indexing through tandems as requested
by COVAD including, without limitation, all costs and expenses
arising out of the development of necessary
translations/reprogramming of existing trunk routing, the
provision of additional dedicated trunks serving each affected
tandem and the establishment of increased call processing and
memory capacity to handle the increased volume of traffic,
codes, translations and routing domains for all affected
tandem or end office switches.
(e) Procedures for Providing INP Through Full NXX Code Migration.
Where either Party has activated an entire NXX for a single
Customer, or activated a portion consisting in excess of fifty
percent (50%) of an NXX Code 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
34
accomplished with appropriate coordination between the Parties
and subject to lead times specified in ATTIS Numbering
Committee Guidelines 00-0000-000 C.O. Code (NXX) Assignment
guidelines and NOF Reference Document, Part II, Section 2.3,
NXX Code Opening for movements of NXXs from one switch to
another.
(f) The Parties shall pay to each other for ported telephone
numbers the amounts determined in accordance with their
respective tariffs (in the case of XXXX ATLANTIC, P.S.C. No.
914 Tariff, or its successor), as in effect from time to time.
Terminating IXC access charges shall be shared as required by
the Commission between XXXX ATLANTIC and COVAD pursuant to
meet-point billing arrangements between the Parties using
special estimated studies until such time as actual meet-point
billing records are available.
19.2 Number Reassignment XXXX ATLANTIC shall not be required to reassign
to COVAD thousand number blocks (i.e., split NXX codes into blocks
of a thousand numbers) in the Local Exchange Routing Guide ("LERG")
except to the extent that XXXX ATLANTIC agrees to such reassignment
consistent with a change in the national guidelines for Central
Office Code assignments.
20. Directory Listings and Directory Distributions
(a) Except for COVAD customers of services resold by COVAD from XXXX
ATLANTIC pursuant to the PSC No. 915 Tariff as amended from time to
time, which will be governed by that tariff, XXXX ATLANTIC will
include COVAD Customers' telephone numbers in all of its "White
Pages" and "Yellow Pages" directory listings (including electronic
directories) and directory assistance databases associated with the
areas in which COVAD provides services to such Customers, and will
distribute such directories to such Customers, in an identical and
transparent manner in which it provides those functions for its own
Customers' telephone numbers. In this Section 20, references to
COVAD Customers' telephone numbers means telephone numbers falling
within NXX codes directly assigned to COVAD and to numbers which are
retained by COVAD on the customer's behalf pursuant to Interim
Number Portability arrangements described in Section 19 of the
General Terms and Conditions of this Agreement.
35
(b) Intentionally Omitted
(c) XXXX ATLANTIC will include all COVAD NXX codes on appropriate
existing calling charts in the XXXX ATLANTIC Customer Guide section
of the directory in the same manner as it provides this information
for its own NXX Codes. XXXX ATLANTIC shall assist COVAD in dealing
with NIRC to facilitate NIRC's publication of COVAD Calling Charts
or other COVAD information in the front portion of NIRC directories
distributed in the NY Region. To the extent that COVAD provides
Directory Listing information on its Service Order, XXXX ATLANTIC
will confirm that Directory Listing information on its Service Order
Completion.
(d) COVAD will provide XXXX ATLANTIC with its directory listings and
daily updates to those listings (including new, changes, and deleted
listings) on a non-exclusive basis in a mutually agreed upon format
at no charge.
(e) XXXX ATLANTIC will accord COVAD's directory listing information the
same level of confidentiality which XXXX ATLANTIC accords its own
directory listing information.
(f) XXXX ATLANTIC shall provide COVAD at no charge with directory
distribution for COVAD Customers. The Parties hereby acknowledge and
agree that XXXX ATLANTIC is not required, as per applicable tariffs,
to provide more than one free white pages directory listing for each
CENTREX system purchased for resale, regardless of the number of
CENTREX lines purchased as part of such system.
(g) XXXX ATLANTIC will provide COVAD with a report of all COVAD customer
listings 90 days prior to directory publication in such form and
format as may be mutually agreed to by both parties. Both Parties
shall use their best efforts to ensure the accurate listing of such
information.
(h) XXXX ATLANTIC will work cooperatively with COVAD so that Yellow Page
advertisements purchased by Customers who switch their service to
COVAD (including Customers utilizing Interim Number Portability) are
maintained without interruption. XXXX ATLANTIC will allow COVAD
customers to purchase new Yellow Pages advertisements without
discrimination, under the identical rates, terms and conditions that
apply to XXXX ATLANTIC's customers.
(i) XXXX ATLANTIC will include, on one-eighth of a page, in the
"Information Pages" or comparable section of its White Pages
Directories for areas served by COVAD in the NY Region, listings
provided by
36
COVAD for COVAD's installation, repair and customer service and
other customer service-oriented information, including appropriate
identifying logo. Such listings shall appear in the manner that such
information appears for subscribers of XXXX ATLANTIC and other LECs.
XXXX ATLANTIC shall not charge COVAD for inclusion of this
information.
(j) Electronic Format Directory Assistance
Upon at least thirty days notice from COVAD, XXXX ATLANTIC shall
provide to COVAD in electronic format XXXX ATLANTIC's master
directory assistance listings for XXXX ATLANTIC end user customers
in the NY Region, exclusive of non-published numbers to the extent
that XXXX ATLANTIC is prohibited from selling or offering to sell
such numbers under the Public Service Law. XXXX ATLANTIC shall also
provide COVAD with updates (containing adds, deletes and changes
only) to these listings, at the same frequency that XXXX ATLANTIC
updates its own directory assistance database. The parties shall
mutually agree to content, format and timing specifications for
these directory assistance listings. Such directory assistance
listings shall only be used by COVAD for the purpose of providing
local directory assistance to COVAD local exchange service
customers. COVAD shall pay XXXX ATLANTIC a rate based on the cost of
providing directory assistance listings and updates in an electronic
format, including a reasonable profit.
21. Subscriber List Information
(a) At COVAD's request, in accordance with Section 222(e) and (f) of the
Act, for the purpose of publishing a directory in any format, XXXX
ATLANTIC shall provide to COVAD published Subscriber List
Information on a timely basis via readily accessible tape or
electronic formats on the same terms and conditions and at the same
rates that XXXX ATLANTIC provides its own Subscriber List
Information to third party directory publishers. Changes to the
Subscriber List Information shall be available on a timely basis
through the same tape or electronic transfer means used to transmit
the initial Subscriber List Information at the same rates and on the
same terms and conditions that XXXX ATLANTIC provides its own
Subscriber List Information to third party directory publishers.
Subscriber List Information provided by XXXX ATLANTIC shall indicate
whether the customer is a residence or business customer.
37
(b) XXXX ATLANTIC shall provide Subscriber List Information that
includes COVAD Customers to third parties, as required by the Act,
on the same terms and conditions and at the same rates that XXXX
ATLANTIC provides its own Subscriber List Information to third
parties. COVAD shall receive its pro-rata share (calculated based on
the proportionate share of COVAD Customers to the total number of
customers included in the Subscriber List Information) of net
proceeds realized by XXXX ATLANTIC from third parties for such
Subscriber List Information; provided, however, that XXXX ATLANTIC
shall not be required to include COVAD Customers in Subscriber List
Information sales to third parties (other than COVAD) if XXXX
ATLANTIC promptly notifies COVAD of all requests by third party
directory publishers and others for COVAD Subscriber List
Information thus permitting COVAD to deal directly with said third
parties.
22. Parity
XXXX ATLANTIC's obligation to provide parity under this Agreement
shall be in accordance with Applicable Laws.
23. Miscellaneous
23.1 Delegation or Assignment - 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 which consent shall not be
unreasonably withheld or delayed; provided, however, 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 shall be void ab initio. All
obligations and duties of any Party shall be binding on all
successors in interest and assigns of such Party.
23.2 Nonexclusive Remedies - Except as otherwise expressly provided in
this Agreement, each of the remedies provided under this Agreement
is cumulative and is in addition to any remedies that may be
available at law or in equity.
23.3 No Third Party Beneficiaries - Except as may be specifically set
forth in this Agreement, this Agreement does not provide and shall
not be construed to provide third parties with any remedy, claim,
liability,
38
reimbursement, cause of action, or other privilege.
23.4 Referenced Documents - Unless otherwise specifically provided
herein, whenever any provision of this Agreement refers to a
technical reference, technical publication, COVAD Practice, XXXX
ATLANTIC Practice, any publication of telecommunications industry
administrative or technical standards, or any other document
specifically incorporated into this Agreement, it will be deemed to
be a reference to the most recent version or edition (including any
amendments, supplements, addenda, or successors) of such document
that is in effect, and will include the most recent version or
edition (including any amendments, supplements, addenda, or
successors) of each document incorporated by reference in such a
technical reference, technical publication, COVAD Practice, XXXX
ATLANTIC Practice, or publication of industry standards.
23.5 Governing Law - The validity of this Agreement, the construction and
enforcement of its terms, and the interpretation of the rights and
duties of the Parties shall be governed by the laws of the State of
New York other than as to conflicts of laws, except insofar as
federal law may control any aspect of this Agreement, in which case
federal law shall govern such aspect. The forum for resolution of
any dispute between the Parties shall be the State of New York.
23.6 Publicity and Advertising - Neither Party shall publish or use any
advertising, sales promotions or other publicity materials that use
the other Party's logo, trademarks or service marks without the
prior written approval of the other Party. Neither XXXX ATLANTIC nor
COVAD may offer services to its end users or others under any of the
brand names of the other Party or any of its parents, subsidiaries
or affiliates, regardless of whether or not such brand names are
registered trademarks or servicemarks, without the other Party's
prior written authorization. Neither Party shall state or imply that
there is any partnership or other joint business arrangement with
the other Party, its parent, subsidiaries, or affiliates, for the
provision of services to the other Party's end users or others. XXXX
ATLANTIC and COVAD may jointly develop a press release publicizing
their relationship under this Agreement, subject to both (1) any
prior non-disclosure agreement, and (2) mutually agreed upon
language and media. Notwithstanding this section, COVAD is entitled
to identify XXXX ATLANTIC as the underlying carrier of the services
provided hereunder.
23.7 Amendments or Waivers - Except as otherwise provided in this
Agreement, no amendment or waiver of any provision of this
Agreement,
39
and no consent to any default under this Agreement, shall be
effective unless the same is in writing and signed by both Parties.
In addition, no course of dealing or failure of a Party strictly to
enforce any term, right or condition of this Agreement shall be
construed as a waiver of such term, right or condition. By entering
into this Agreement neither Party waives any right granted to it
pursuant to the Act and/or the Order, except to the extent the Act
or the Order permits such rights to be modified or waived and such
modification or waiver is expressly set forth herein.
23.8 Severability - If any term, condition or provision of this Agreement
is held to be invalid or unenforceable for any reason, such
invalidity or unenforceability shall not invalidate the entire
Agreement, unless such construction would be unreasonable. However,
the Parties agree to meet and negotiate in good faith to arrive at a
mutually acceptable modification of the invalid or unenforceable
provision. If the Parties are unable to agree on such modification
within 30 days after the Agreement provision(s) is held to be
illegal, invalid or enforceable, such failure to agree shall be
submitted for resolution pursuant to Section 16 of the General Terms
and Conditions of this Agreement and resolved in accordance with the
Dispute Resolution process.
23.9 Entire Agreement - This Agreement, which shall include the
Attachments, Appendices, Exhibits and other documents referenced
herein including all applicable tariffs referenced herein (as in
effect from time to time), constitutes the entire Agreement between
the Parties concerning the subject matter hereof and supersedes any
prior agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with
respect to the subject matter expressly set forth herein. Neither
Party shall be bound by any terms additional to or different from
those in this Agreement that may appear subsequently in the other
Party's form documents, purchase orders, quotations,
acknowledgments, invoices or other communications.
23.10 Survival of Obligations - Any liabilities or obligations of a Party
for acts or omissions prior to the cancellation or termination of
this Agreement, any obligation of a Party under the provisions
regarding indemnification, Proprietary Information, limitations on
liability, and any other provisions of this Agreement which, by
their terms, are contemplated to survive (or to be performed after)
termination of this Agreement, shall survive expiration or
termination hereof.
23.11 Executed in Counterparts - This Agreement may be executed in any
number of counterparts, each of which shall be deemed on original,
but
40
such counterparts shall together constitute one and the same
instrument.
23.12 Headings of No Force or Effect - The headings of Articles and
Sections of this Agreement are for convenience of reference only,
and shall in no way define, modify or restrict the meaning or
interpretation of the terms or provisions of this Agreement.
23.13 Joint Work Product - This Agreement is the joint work product of the
Parties and their respective counsel and shall be fairly interpreted
in accordance with its terms and, in the event of any ambiguities,
no inferences shall be drawn against either Party.
23.14 Nonexclusive Dealings - This Agreement does not prevent either Party
from providing or purchasing services to or from any other person
nor, except as provided in Section 5 of the General Terms and
Conditions and Exhibit A (Bona Fide Request Process) of Part II
hereof, does it obligate either Party to provide or purchase any
services not specifically provided herein.
23.15 No License - No license under patents, copyrights or any other
intellectual property right (other than the limited license to use
consistent with the terms, conditions and restrictions of this
Agreement) is granted by either Party or shall be implied or arise
by estoppel with respect to any transactions contemplated under this
Agreement.
23.16 Dialing Parity - The Parties shall provide dialing parity to each
other as required under Section 251(b)(3) of the Act, except as may
be limited by Section 271(e)(2)(B) of the Act.
23.17 Integrity of XXXX ATLANTIC Network - The Parties acknowledge that
XXXX ATLANTIC, at its election, may deploy fiber throughout its
network and that such fiber deployment may inhibit or facilitate
COVAD's ability to provide service using certain technologies.
Notwithstanding any other provision of this Agreement, XXXX ATLANTIC
shall have the right to deploy, upgrade, migrate and maintain its
network at its discretion.
41
IN WITNESS WHEREOF, the authorized officers of the parties have duly
executed this Agreement as of this ___________________ day of December, 1997.
NEW YORK TELEPHONE COMPANY COVAD COMMUNICATIONS CO.
By: By:
------------------------------------ ------------------------------
Name: Xxxxx X. Xxxxxxxx Name: Xxxxxxx X.XxXxxx
Title: President - Telecom Industry Title: President and CEO
Services
42
PART I: INTENTIONALLY OMITTED
43
PART II: UNBUNDLED NETWORK ELEMENTS
1. Introduction
1.1 XXXX ATLANTIC agrees to offer to COVAD unbundled Network Elements
and to allow combination of the XXXX ATLANTIC-provided unbundled
Network Elements in accordance with its obligations under Section
251(c)(3) of the Act and the Order. The specific terms and
conditions that apply to the provision of the unbundled Network
Elements are set forth in this Part II. Unless otherwise noted
below, the prices for each unbundled Network Element shall be
governed by Part IV of this Agreement. Prices for any unbundled
Network Element not listed in this Agreement shall be determined
through the Bona Fide Request Process set forth in Exhibit A of this
Part II (the "BFR Process"), except as otherwise expressly provided
in Section 2.9 of this Part II. Any non-recurring/miscellaneous
charges which may be applicable to the purchase of unbundled Network
Elements shall be governed by Part IV of this Agreement.
1.2 The unbundled Network Elements and rates specified in this Agreement
shall be made available by XXXX ATLANTIC to COVAD pursuant to and to
the extent required by Applicable Law. Unless otherwise provided in
this Agreement, the unbundled Network Elements specified in this
Agreement shall be made available by XXXX ATLANTIC to COVAD for
ordering and provisioning on the Effective Date.
If pursuant to the Order, COVAD requests interconnection to
unbundled Network Elements that are different from those required by
the Act or Order or are not specified in this Agreement, COVAD
agrees that any such request shall be subject to the BFR Process,
except as otherwise expressly provided in Section 2.9 of this Part
II.
1.3 XXXX ATLANTIC and COVAD agree to work cooperatively to implement
technical guidelines to prevent degradation or other impairments to
the quality or reliability of either Party's network. If XXXX
ATLANTIC reasonably determines that any particular Local Loop or
other unbundled Network Element used by COVAD is interfering with or
impairing XXXX ATLANTIC's provision of services, XXXX ATLANTIC shall
have the right to interrupt its provision of that particular loop or
other unbundled Network Element, subject, however, to the following:
a) XXXX ATLANTIC shall have given COVAD at least ten (10) days'
44
prior written notice of the interference or impairment and the
need to correct the condition within said time period.
b) XXXX ATLANTIC shall have concurrently provided a copy of the
notice provided to COVAD under subsection (a) above to the
appropriate federal and/or state regulatory bodies.
c) Notice in accord with subsection (a) above shall not be
required in emergencies and XXXX ATLANTIC may immediately
discontinue its provision of the particular loop or other
unbundled Network Element if such discontinuance is reasonably
necessary to avoid interference with or impairment to XXXX
ATLANTIC's network or services. In such case, however, XXXX
ATLANTIC shall use all reasonable means to notify COVAD.
d) Upon correction of the interference or impairment, which may
include relocation at appropriate rates and charges, XXXX
ATLANTIC will promptly renew its provision of the loop or
other unbundled Network Element. During such period of
discontinuance, there will be no compensation or credit
allowance by XXXX ATLANTIC to COVAD for interruptions.
Except as otherwise provided, the provisions of this section shall
not apply to ADSL and HDSL compatible loops provided to COVAD by
XXXX ATLANTIC pursuant to Section 2.9.1(g) of this Agreement.
2. Unbundled Network Elements
2.1 XXXX ATLANTIC will offer Network Elements to COVAD on an unbundled
basis on terms and subject to conditions that are just, reasonable,
and non-discriminatory in accordance with the terms and conditions
of this Agreement and the requirements of Section 251 and Section
252 of the Act and the Order, as applicable.
2.2 To the extent required by Applicable Law, XXXX ATLANTIC will permit
COVAD to interconnect COVAD's facilities or facilities provided to
COVAD by third parties with each of the unbundled Network Elements
provided by XXXX ATLANTIC at any point requested by COVAD that is
technically feasible. Any request by COVAD to interconnect at a
point not previously established in accordance with the terms of
this Agreement (i.e., other than as set forth in the descriptions of
unbundled Network Elements under
45
Section 2.9 of this Part II) shall be subject to the BFR Process.
2.3 At the time COVAD provides XXXX ATLANTIC with an order for
particular unbundled Network Elements provided under this Agreement,
COVAD may request any technically feasible network interface,
including without limitation, to the extent deployed and available
in the XXXX ATLANTIC network, and where requested by COVAD: (1) DSO,
XX-0, XX-0, XXX-0, and OC-n (where n equals those industry standard
numbers between 1 and 48) interfaces, and (2) any other interface
described in the applicable Bellcore and other industry standard
technical references. Any such requested network interface shall be
subject to the approval of XXXX ATLANTIC, which approval shall not
be unreasonably withheld or delayed. If COVAD's request is denied,
XXXX ATLANTIC shall provide COVAD with written notice of said denial
specifically describing why it is technically infeasible for XXXX
ATLANTIC to comply with COVAD's request.
2.4 COVAD may use one or more unbundled Network Elements to provide to
itself, its affiliates and to COVAD Customers any feature, function,
or service option that such unbundled Network Element is presently
capable or becomes capable of providing in the XXXX ATLANTIC
network, or any feature, function, or service option that is
described in the applicable Bellcore and other industry standard
technical references identified herein and which the XXXX ATLANTIC
network has the capability of providing on the Effective Date of
this Agreement and thereafter as such capability may be expanded, or
as may otherwise be agreed to by the Parties.
2.5 XXXX ATLANTIC shall permit COVAD to combine any unbundled Network
Element or unbundled Network Elements provided by XXXX ATLANTIC with
another unbundled Network Element or other unbundled Network
Elements obtained from XXXX ATLANTIC or with compatible network
components provided by COVAD or provided by third parties to COVAD
to provide Telecommunications Services to COVAD, its affiliates and
to COVAD Customers. Notwithstanding the foregoing, without
additional components furnished by COVAD to itself or through third
parties, COVAD shall only be permitted to combine unbundled Network
Elements made available by XXXX ATLANTIC with other contiguous XXXX
ATLANTIC unbundled Network Elements.
2.6 For each appropriate unbundled Network Element, XXXX ATLANTIC shall
provide a demarcation point and, if necessary and appropriate,
access to such demarcation point.
46
2.7 Intentionally omitted
2.8 Intentionally omitted
2.9 Subsections 2.9.1 through 2.9.8 of this Section 2.9 list the
unbundled Network Elements that COVAD and XXXX ATLANTIC have
identified as of the Effective Date of this Agreement and which are
described in the Order (the "Agreed Elements"). COVAD and XXXX
ATLANTIC agree that the unbundled Network Elements identified in
this Part II are not exclusive and that pursuant to the BFR Process
COVAD may identify and request that XXXX ATLANTIC furnish additional
or revised unbundled Network Elements to the extent required under
the Act. Additionally, if XXXX ATLANTIC provides any unbundled
Network Element or interconnection arrangement that is not
identified in this Agreement to a requesting Telecommunications
Carrier, including a XXXX ATLANTIC affiliate, XXXX ATLANTIC will
make available the same unbundled Network Element or interconnection
arrangement to COVAD without COVAD being required to use the Bona
Fide Request Process, to the extent required by Section 252 (i) of
the Act. The descriptions of unbundled Network Elements that are
Agreed Elements in this Section 2.9 do not address, directly or by
implication, the charge or charges that apply. As of the Effective
Date of this Agreement, charges for unbundled Network Elements shall
be as specified in Part IV hereof.
2.9.1. The "Local Loop" is a transmission facility between a distribution
frame, or its equivalent, in the XXXX ATLANTIC central office, and
the demarcation point at the Customer premises. All Local Loops will
be provided with a NID or other protective device at the rate
specified in Part IV. All Local Loops will be provisioned by XXXX
ATLANTIC and used by COVAD in conformance with Bellcore standard
GR-1089.
The Local Loops, as described below, may be used to provide modes of
transmission that include: 2-wire and 4-wire analog voice grade
loops and 2-wire and 4-wire transmission of ISDN, ADSL, HDSL and DS1
level digital signals, as follows:
(a) "2-Wire Analog Voice Grade Loop" or "Analog 2W," 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 Customer) and terminates at
both
47
the central office MDF (or equivalent) and the Customer
premises. Analog 2W includes Loops sufficient for the
provision of PBX trunks, pay telephone lines and electronic
key system lines. Current XXXX ATLANTIC Loop design guidelines
follow ANSI TI.601 and Bellcore TR-NWT-000393 recommendations,
with a process of loop classification specified in Bellcore's
SR-2275. If COVAD orders one or more Local Loops serviced by
Integrated Digital Loop Carrier or Remote Switching technology
deployed as a Local Loop Concentrator, without the associated
switch port, then XXXX ATLANTIC shall, where available,
provision the requested Local Loop(s) using its choice of
spare existing physical Local Loop(s) that do not require
multiplexing, at no charge to COVAD. If, however, such other
facilities are not available, XXXX ATLANTIC shall offer COVAD
other options provided that COVAD shall agree to pay the
additional costs approved by the Commission incurred by XXXX
ATLANTIC in making such other option(s) available to COVAD. If
the option XXXX ATLANTIC offers is shared by other Customers
in addition to COVAD, the Parties shall develop an equitable
basis for allocating the additional cost among all users of
the facility. XXXX ATLANTIC and COVAD shall work cooperatively
to develop the details and costs of such options as part of
the Operations Plan.
(b) "4-Wire Analog Voice Grade Loop" or "Analog 4W," which
supports transmission of voice grade signals using separate
transmit and receive paths and terminates in a 4-wire
electrical interface at both ends.
(c) "2-Wire ISDN-Compatible Digital Loop" or "BRI-ISDN," which
supports digital transmission of two 64 kbps bearer channels
and one 16 kbps data channel (2B + D). BRI-ISDN is a 2B + D
Basic Rate Interface-Integrated Services Digital Network
(BRI-ISDN) Loop which will meet national ISDN standards and
conform to Technical Reference ANSI T1.601 & T1E1.490-004R3.
Subject to the provisions of Section 1.3, COVAD may, at its
discretion and at its own risk, use a BRI-ISDN Local Loop for
the provision of modes of transmission other than BRI-ISDN
Local Loop as described herein. XXXX ATLANTIC makes no
representations or promises with respect to the suitability of
a BRI_ISDN Local Loop for the modes of transmission used by
COVAD. The 2-wire Conditioned Link (Local Loop) rate and
relevant charges, specified in Part IV of this Agreement,
shall
48
apply to these Loops.
(d) "4-Wire 64 Kbps Digital Loop" or "4-Wire 64 Digital," is a
transmission path which supports transmission of digital
signals of up to a maximum binary information rate of 64 kbps
and terminates in a 4-Wire electrical interface at both the
Customer premises and on the MDF in XXXX ATLANTIC's Central
Office. 4-Wire 64 kbps Digital are available only where
existing copper facilities can meet the requirements specified
in ANSI T1.410.1992. Subject to the provisions of Section 1.3,
COVAD may, at its discretion and at its own risk, use a 4-Wire
64 Digital Local Loop for the provision of modes of
transmission other than ISDN subject to the technical
limitations of the 4-Wire 64 Digital Local Loop as described
herein. XXXX ATLANTIC makes no representations or promises
with respect to the suitability of a 4-Wire 64 Digital Loop
for the modes of transmission used by COVAD. The 4-wire
Conditioned Link (Local Loop) rate and relevant charges,
specified in Part IV of this Agreement, shall apply to these
Loops.
(e) "4-Wire 1.544 Mbps Digital Loop" or "1.544 Mbps Digital," is a
transmission path which supports transmission of digital
signals of up to a maximum binary information rate of 1.544
mbps and terminates in a 4-Wire electrical interface at the
Customer premises and on the DSX frame in XXXX ATLANTIC's
Central Office. 1.544 Mbps Digital will be provided in
accordance with the relevant and applicable specifications,
interfaces and parameters described in Technical Reference
ANSI T1.102.
(f) "Digital Signal Xxxxx 0 Xxxx" or "DS3 Loop" is a transmission
path which supports transmission of digital signals up to a
maximum binary information rate of 44.736 Mbps (the
third-level in the time division multiplex hierarchy) and
terminates in an electrical interface at the customer premises
and on a DSX frame in a XXXX ATLANTIC central office. XXXX
ATLANTIC will provide DS3 Loops pursuant to P.S.C. No. 916
Tariff.
(g) ADSL and HDSL Compatible Local Loops
At COVAD's request, XXXX ATLANTIC will provide ADSL and HDSL
Compatible Local Loops, described in paragraph (4) of this
subsection, after successful completion of a Technical Trial,
if necessary, and an Operational Trial for Two-Wire ADSL,
Two-
49
Wire HDSL and Four-Wire HDSL Compatible Local Loop types. A
Technical Trial is required prior to an Operational Trial;
however, the Technical and/or operational Trial may or may not
involve COVAD. Upon COVAD's request, XXXX ATLANTIC will advise
COVAD as to the status of any ongoing technical and/or
operational trials conducted by XXXX ATLANTIC and the need for
a technical and/or operational trial with COVAD. The ADSL and
HDSL Compatible Local Loops must terminate on a NID at a
customer premises and in COVAD's Collocation space.
If XXXX ATLANTIC makes generally available any 2-wire ADSL, 2-wire
HDSL, or 4-wire HDSL service in any of its service territories in
the state of New York, the Technical Trial required by 2.9.1(g)(1)
will not be required. XXXX ATLANTIC shall exercise its best efforts
to utilize all technical data available to it to satisfy its
requirement to conduct a Technical Trial. XXXX ATLANTIC shall share
with COVAD, upon COVAD's written request, the technical trial
results related to potential interference issues of any ADSL or HDSL
technical trial that XXXX ATLANTIC has undertaken with another
Telecommunications Carrier in its service territory. The results of
such other Technical Trials may be used to satisfy the Technical
Trial required under Section 2.9.1(g)(1).
If a Technical Trial is not required, COVAD may request an
Operational Trial in accordance with Section 2.9.1(g)(1), provided
that COVAD agrees to (i) conform to XXXX ATLANTIC's published
technical standards, guidelines or procedures that result from other
technical trials or that are used in the general deployment of such
service(s), and (ii) uses technology that is substantially similar
to that underlying the technical data subject to the other technical
trials, relied on by XXXX ATLANTIC, or used in the general
deployment of such service(s).
Notwithstanding the requirements of this Section 2.9.1, XXXX
ATLANTIC will offer COVAD nondiscriminatory access to 2-wire and
4-wire ADSL-Compatible and HDSL-Compatible Loops that XXXX ATLANTIC
offers to any Telecommunications Carrier in the state of New York to
the extent required by applicable law.
(1) Trial Milestones
COVAD shall notify XXXX ATLANTIC of its request for a
Technical and/or Operational Trial in writing and share
50
any technical information pertinent to such trial
concerning potential interference issues. COVAD will
provide XXXX ATLANTIC with a list of proposed locations
for said trial(s). XXXX ATLANTIC will indicate a
suitable location from such list for said trial within
15 business days of receipt of COVAD's list. In the
event COVAD does not have a suitable Collocation space
at the designated trial location, it shall submit a
Collocation Application within 30 business days of the
trial request. The Parties shall then meet to agree upon
a Trial Plan for the requested trial(s). The Trial Plan
shall include, but is not limited to, the minimum and
maximum volumes for each Local Loop type (which shall be
in the range of 10 to 20 loops), the trial location, the
technical and/or operational trial parameters and
expected results for the specified technical and/or
operational trial. The Trial Plan shall be a joint work
effort completed no later than the completion of
Collocation space to be used in the trial, if ordered,
or 120 days from the trial request, whichever is later,
or as otherwise mutually agreed.
COVAD shall provide XXXX ATLANTIC with fourteen (14)
days written prior notice of its Equipment Ready Date
(ERD). Such notice shall indicate the date upon which
COVAD can and will accept termination and turn-up of the
trial Local Loop(s). The Technical Trial shall commence
no later than 10 business days from the ERD and shall be
of a duration of not more than 60 days. The Operational
Trial shall commence the later of 30 days from the ERD
or July 1, 1998 and shall be of a duration of not more
than 60 days.
Upon successful completion as defined in the Trial Plan
of the Technical Trial, if necessary, and Operational
Trial, which includes, but is not limited to, the
resolution of any network interference or other network
impairments issues, the Parties shall agree upon an
implementation schedule for deployment of the unbundled
local loop type(s) subject to such trial(s). Within 60
days of successful completion of the Operational Trial
as defined in the Trial Plan, XXXX ATLANTIC will publish
relevant documentation. At that time, COVAD may order
and use the type of Local Loop which had been subject to
a trial in conformance with the XXXX ATLANTIC published
51
references and guidelines for such Local Loop type.
(2) Rates
The 2 Wire Conditioned LINK (Local Loop) rate and other
charges, specified in Part IV of this Agreement, shall
apply during the Operations Trial and thereafter for
Two-Wire ADSL and Two-Wire HDSL Compatible Local Loops.
The 4 Wire Conditioned LINK (Local Loop) rate and other
charges, specified in Part IV of this Agreement, shall
apply during the Operations Trial and thereafter for
Four-Wire HDSL Compatible Local Loops. Such Conditioned
LINK rates shall apply to the provision of ADSL and HDSL
Compatible Local Loops until such time as Xxxx Atlantic
establishes ADSL and HDSL Compatible Local Loops rates
which shall apply thereafter.
(3) Interference
During and until successful completion of the Technical
and Operational Trial(s), XXXX ATLANTIC, at its sole
discretion, has the right to terminate, modify or
reconfigure COVAD's unbundled ADSL or HDSL Compatible
Local Loops deployed as part of the Trial(s), which XXXX
ATLANTIC determines to cause interference or other
impairments to the services or facilities provisioned by
XXXX ATLANTIC to itself or others as set forth in
Section 1.3 of this Part II.
After the successful completion of the Operational Trial
as defined in the Trial Plan and subject to the XXXX
ATLANTIC published technical references and guidelines:
i) COVAD shall be able to order and XXXX ATLANTIC
shall provision ADSL and HDSL Compatible Local
Loops.
ii) In its use of ADSL and HDSL Compatible Local
Loops, COVAD shall conform to the XXXX ATLANTIC
references and guidelines such that its provision
of services to its customers does not degrade or
otherwise adversely affect the quality or
reliability of service to XXXX ATLANTIC's
customers provided that XXXX ATLANTIC is in
compliance with the provisions
52
of this Section.
iii) XXXX ATLANTIC shall conform to its guidelines and
shall not introduce services on its network that
would degrade or otherwise adversely affect the
quality or reliability of service to COVAD's
customers provided that COVAD is in compliance
with the provisions of this Section.
If COVAD determines that XXXX ATLANTIC is using a loop
provisioned with ADSL or HDSL technology in a manner
that will or may interfere with or impair COVAD's
provision of its services, COVAD shall notify XXXX
ATLANTIC in a reasonable manner and time frame. If XXXX
ATLANTIC determines that COVAD is using an ADSL or HDSL
Compatible Local Loop in a manner that will or may
interfere with or impair XXXX ATLANTIC's provision of
its services, XXXX ATLANTIC shall notify COVAD in a
reasonable manner and time frame. The Parties agree to
work cooperatively to resolve interference or other
impairment issues. In the event a cooperative resolution
cannot be reached, the procedures for Service-Affecting
Disputes in Part 16 of the General Terms of this
Agreement shall apply .
(4) ADSL and HDSL Compatible Local Loop Descriptions
Upon successful conclusion of the Technical Trial, XXXX
ATLANTIC may modify or change the following descriptions
to conform with the results of the Technical Trial.
i) "2-Wire ADSL-Compatible Loop" or "ADSL 2W," is a
transmission path which facilitates the
transmission of up to 6 Mbps digital signal
downstream (toward the Customer) and up to 640
kbps digital signal upstream (away from the
Customer) while carrying an analog voice signal.
An ADSL 2W is provided over a 2-Wire, non-loaded
twisted copper pair provisioned using revised
resistance design guidelines and meeting ANSI
Standard T1.413-1995-007R2. An ADSL 2W terminates
in a 2-wire electrical interface at the Customer
premises and at the XXXX ATLANTIC Central Office
frame. ADSL-compatible Local Loops are only
available where existing copper facilities can
meet the ANSI T1.413-1995-007R2
53
specifications.
ii) "2-Wire HDSL-Compatible Loop" or "HDSL 2W," 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 T1E1 Committee Technical
Report Number 28/T1E1.4/92-002R3. HSDL-compatible
Local Loops are available only where existing
copper facilities can meet the T1E1 Technical
Report Number 28 specifications.
iii) "4-Wire HDSL-Compatible Xxxx" xx "XXXX 0X," is a
transmission path which facilitates the
transmission of a 1.544 Mbps digital signal over
4-Wire, non-loaded twisted copper pairs meeting
the specifications in ANSI T1E1 Committee
Technical Report Number 28. HDSL-compatible Loops
are available only where existing copper
facilities can meet the T1E1 Technical Report
Number 28 specifications.
(5) If COVAD orders one or more ADSL-Compatible or
HDSL-Compatible Local Loop(s) serviced by Integrated
Digital Loop Carrier or Remote Switching technology
deployed as a Local Loop Concentrator, without the
associated switch port, then XXXX ATLANTIC shall, where
available, provision the requested Local Loop(s) using
its choice of spare existing physical Local Loop(s) that
do not require multiplexing, at no charge to COVAD. If
however, such other facilities are not available, XXXX
ATLANTIC shall offer COVAD other option(s), which shall,
where feasible, include the placement of a suitable
digital line card at the remote terminal, provided that
COVAD shall agree to pay the additional costs incurred
by XXXX ATLANTIC in making such other option(s)
available to COVAD. If the option XXXX ATLANTIC offers
is shared by other Customers in addition to COVAD, the
Parties shall develop an equitable basis for allocating
the additional cost among all users of the facility.
XXXX ATLANTIC and COVAD shall work cooperatively to
develop the details and costs of such option(s) as part
of the Operations Plan.
(6) At such time as XXXX ATLANTIC offers ADSL and HDSL
54
Compatible Local Loops, under Section 2.9.1 (g), and to
the extent XXXX ATLANTIC develops a pre-order loop
qualification database for such Local Loops, it shall
provide COVAD access to such database, at rates and
charges to be determined.
2.9.2 The "Network Interface Device (NID)" is a single-line termination
device or that portion of a multiple-line termination device
required to terminate a single line or circuit. The NID provides: a
network termination for the Local Loop, voltage overload protection
to ground, termination for optional test apparatus, proper signal
termination, and a point of termination and connection for a
Customer's "inside" wiring. A modern NID features two xxxxxxxx or
divisions which separate the service provider's network from the
end-user's inside wiring. Each chamber or division contains the
appropriate connection points or posts to which the service
provider, and end-user each make their connections. Upon COVAD's
written request, or electronically transmitted request delivered
through an established interface, a direct connection between
COVAD's NID and XXXX ATLANTIC's NID will be established; provided
that only XXXX ATLANTIC's own technicians may perform the necessary
work to effect such direct connection. Alternatively, upon COVAD's
written request, or electronically transmitted request delivered
through an established interface, a direct connection between
COVAD's Local Loop and XXXX ATLANTIC's NID may be established;
provided that with respect to such direct connection there is
adequate spare capacity on XXXX ATLANTIC's NID, and, provided
further, that only XXXX ATLANTIC's own technicians may perform the
necessary work to effect such direct connection. XXXX ATLANTIC shall
be entitled to payment from COVAD for making the connection, as
provided in Part IV of this Agreement.
2.9.3 "Local Switching" is the Network Element that provides the
functionality required to connect the appropriate originating lines
or trunks wired to the Main Distributing Frame (MDF) or Digital
Cross Connect (DSX) panel to a desired line or trunk appearance on
the Local Switch. COVAD may request shared or dedicated routing.
COVAD shall define the routing plan (i.e., customized routing) that
will be used by its Customers for each XXXX ATLANTIC switch in which
unbundled Local Switching will be provided pursuant to the Network
Design Request process at rates, charges for Customized Routing
shall be as provided in Part IV of this Agreement. Customized
Routing will be provided where facilities and equipment exist
pursuant to the rates and process for Network Design Requests
specified in PSC No.
55
916 Tariff. XXXX ATLANTIC will implement, where it is technically
feasible to do so and where facilities exist that dialing plan and
any associated dedicated trunking needed to support the introduction
of customized routing on that Local Switching Network Element. The
Local Switching functionality shall include all of the features,
functions and capabilities that XXXX ATLANTIC has purchased or has
the right to use, including but not limited to: line signaling,
signaling capabilities of the switch, digit reception, dialed number
translations, call screening (the switch-based feature which permits
the switch to differentiate line treatment or routing based on
specific classes of service), routing, recording, call supervision,
dial tone, switching, network address (when available in the
particular switch) to directory number, announcements, calling
features and capabilities (including call processing), Centrex
features and functionality, Automatic Call Distributor (ACD),
Carrier pre-subscription (e.g., long distance carrier, intraLATA
toll as deployed), testing and other operational features inherent
to the switch and switch software; provided, however, that in cases
where COVAD wishes to activate a feature or function in the XXXX
ATLANTIC network or in a specific switch with respect to which
capacity problems may affect XXXX ATLANTIC's ability to utilize
services or features for its own use or offer services to other
Telecommunications Carriers, the Parties agree to work cooperatively
to seek a solution to such capacity problem to the extent
technically feasible. In the event that a capacity problem cannot be
resolved to the mutual satisfaction of both Parties, switch capacity
will be made available to XXXX ATLANTIC, COVAD and other
Telecommunications Carriers on a first come, first serve basis
(without reservation of capacity for XXXX ATLANTIC, COVAD or other
Telecommunications Carriers), and new service requests will be
approved or denied on a first come, first serve basis. When XXXX
ATLANTIC and other Telecommunications Carriers use the last
remaining capacity in a switch on a first come, first serve basis,
XXXX ATLANTIC shall have no obligation to augment or add switches to
meet COVAD's requirements except as may be required pursuant to the
Bona Fide Request Process. If XXXX ATLANTIC does augment switch
capacity or add switches to satisfy its needs or the needs of other
Telecommunications Carriers, any such new capacity or additional
switches shall also be made available to COVAD on a first come,
first serve basis with XXXX ATLANTIC and the other
Telecommunications Carriers. Where XXXX ATLANTIC provides COVAD with
Local Switching features which XXXX ATLANTIC has a right to use but
has not deployed for its own Customers, COVAD shall pay to XXXX
ATLANTIC all costs and expenses incurred by XXXX ATLANTIC in
providing such features. The calculation of such costs and expenses
shall be on an ICB basis, taking into account the
56
requested features and the affected switch, and shall not include
any amount to reimburse XXXX ATLANTIC for RTU fees in those
instances where such RTU fees were previously paid by XXXX ATLANTIC
for the specific requested features prior to COVAD's request. Such
costs and expenses shall be submitted to the Commission for review.
Local Switching also provides, to the same extent such switch
currently provides to XXXX ATLANTIC such access on the Effective
Date hereof and thereafter as such access may be expanded, access
to: transport, signaling (ISDN) User Part (ISUP) and Transaction
Capabilities Application Part (TCAP), and platforms such as
adjuncts, Public Safety Systems (911), operator services, directory
services, and, when and where available, Local Switching ports
adhering to Bellcore TR-NWT-08 and TR-NWT-303 specifications, and
Advanced Intelligent Network (AIN) described in Section 2.11 of this
Part II. Remote Switching Module (RSM) functionality as it relates
to termination of Customer lines or trunks is included in the Local
Switching Network Element. RSM functionality, however, does not
include support of COVAD's RSM on XXXX ATLANTIC's host switch. The
switching capabilities used will be based on the line side features
they support. Local Switching will also be capable of routing local,
intraLATA, interLATA, and, when and where available, calls to an
international Customer's preferred carrier.
2.9.3.1 Local Switching also includes Circuit Switched Data
(CSD) and ISDN Packet Switching, to the extent such CSD
and ISDN Packet Switching are available to XXXX ATLANTIC
on the Effective Date hereof and thereafter as such
availability may be expanded, which provide with respect
to CSD service the circuit switching functionality that
is required to switch and transport ISDN Circuit
Switched Data between interfaces conforming to ISDN
American National Standards for Telecommunications. For
Local Switching, the purposes of ISDN Circuit Switched
Data are to provide an ISDN-capable Local Exchange
Termination, to route CSD calls to the proper
termination (line, trunk or other switch), to provide
efficient concentration of traffic, to provide necessary
connectivity within the network, and to provide the
switching features and capabilities to support ISDN. It
is understood by both Parties that the Customer Premises
Equipment at both ends of the call will be expected to
conform to the appropriate American National Standard
for ISDN Network Terminations applicable for CSD.
2.9.4 "Tandem Switching." The Tandem Switching Network Element
57
provides the switching function needed to establish a temporary
transmission path between two other switching offices. It includes
the facilities connecting the trunk distribution frames to the
tandem switch, and all the functions of the tandem switch itself,
including those facilities that establish a temporary transmission
path between two other switches. It also includes functions that are
centralized in the tandem, such as any call recording which is or
becomes available in the tandem switch, and, in certain cases,
routing of calls to tandem signaling conversion functions (e.g., MF
to SS7) used in the XXXX ATLANTIC network. Tandem switch call
recording functions and capabilities are different from end office
switch call recording functions and capabilities. XXXX ATLANTIC will
implement, where it is technically feasible to do so and where
facilities exist that dialing plan and any associated dedicated
trunking needed to support the introduction of customized routing on
that Tandem Switching Network Element.
2.9.5 "Interoffice Transmission Facilities" is a Network Element which is
provided either as Dedicated Transport or is in some cases XXXX
ATLANTIC Shared Transport. Xxxx Atlantic shall provide IOF pursuant
to the PSC No. 916 Tariff and this subsection 2.9.5.
2.9.5.1 "XXXX ATLANTIC Shared Transport" is a transmission
facility which XXXX ATLANTIC shares with at least one
Customer or carrier between XXXX ATLANTIC switching
elements. This facility is paid for based upon usage
plus any applicable non-recurring charges, and is
provided in accordance with the terms and conditions
specified in PSC Xx. 000 Xxxxxx and this subsection.
2.9.5.2 "Dedicated Transport" is an interoffice transmission
path between designated locations to which a single
carrier is granted exclusive use. Such locations may
include XXXX ATLANTIC central offices or other equipment
locations, COVAD network components, other carrier
network components, or Customer premises. Dedicated
Transport includes the Digital Cross Connect System
(DCS) functionality as an option to the extent available
on the Effective Date of this Agreement and thereafter
as such functionality may become available. This
facility is paid for based upon fixed monthly charges
plus any applicable non-recurring charges, and is
provided in accordance with the terms and conditions
specified in PSC No. 916 Tariff and
58
this subsection.
2.9.6 "Operator Services and Directory Assistance" is the Network Element
that provides two types of functions: Operator Services and
Directory Assistance, each of which is described below.
2.9.6.1 "Operator Services"
2.9.6.1.1 Inward Operator Services
Inward Operator Services enables the COVAD
end user or its operator service provider to
be connected to the XXXX ATLANTIC Traffic
Operation Position Systems ("TOPS")
office(s) for the purpose of providing
operator services to their end users. There
are two types of Inward Operator Services:
(i) Busy Line Verification ("BLV"):
BLV is an option where, at the
request of COVAD's end user or its
operator service provider, a XXXX
ATLANTIC operator will attempt to
determine the status of an exchange
service line (e.g., conversation in
progress, available to receive a
call or out of service) and report
to COVAD's end user or its operator
service provider.
(ii) Busy Line Verification/Interrupt
("BLV/I")
BLV/I is an option where, at the
request of COVAD's end user or its
operator service provider, a XXXX
ATLANTIC operator determines and
reports that a conversation is in
progress on an exchange service line
and subsequently interrupts such
conversation to request that the
conversation be terminated so that
COVAD's end user can attempt to
complete a call to the line.
Inward Operator Services are provided over
59
trunk groups ordered by COVAD or its
alternate operator service provider to the
XXXX ATLANTIC TOPS switch(es) as specified
by XXXX ATLANTIC.
Inward Operator Services cannot be provided
on ported telephone numbers, telephone
number which forward calls using Call
Forwarding Variable service
features.
a) XXXX ATLANTIC will provide BLV and BLV/I
for telephone numbers provided in its
operating territory.
b) The XXXX ATLANTIC operator will respond
to one telephone number per call on
requests for BLV or BLV/I.
c) XXXX ATLANTIC will designate which TOPS
switch(es) services which NXXs and make
such information available to COVAD.
d) COVAD shall order Inward Operator
Services as set forth in this Section.
e) COVAD and its customer shall indemnify
and save XXXX ATLANTIC harmless against
all claims that may arise from either
party to the interrupted call or any
other person.
Rates and Charges for Inward Operator
Services are set forth in Part IV.
2.9.6.1.2 Operator Service ("OS")
Under this option, XXXX ATLANTIC shall
provide for the routing of Operator Services
("OS") calls dialed by COVAD subscribers
directly to either the COVAD Operator
Services platform or to the XXXX ATLANTIC
Operator Services platform as specified by
COVAD.
XXXX ATLANTIC will offer OS to COVAD
customers served by COVAD switches over
separate trunk groups ordered or provided by
COVAD to the XXXX ATLANTIC TOPS switch(es)
as specified by XXXX ATLANTIC.
60
Access to the XXXX ATLANTIC OS platform from
COVAD's local switch requires that COVAD
utilize Feature Group C Modified Operator
Services Signaling. The Interoffice
Transmission Facility mileage rate for the
facility will be based on airline mileage
using V&H coordinate methods from the COVAD
location to the nearest XXXX ATLANTIC TOPS.
Trunk terminations at the TOPS switch(es)
require COVAD to purchase trunk ports at
rates specified in the Pricing Schedule. For
each trunk group, COVAD must indicate the
branding option selected as set forth in
Sectons 19.2.2 (a), (b), and (c) preceding.
XXXX ATLANTIC also provides COVAD, using the
unbundled local switching element, access to
this optional service either through
dedicated IOF and trunk ports or on shared
operator service trunks between the end
office in which they have unbundled local
switching ports and the TOPS switches.
Additional per minute of use (MOU) local
switching charges will apply for all calls
which interconnect from the unbundled local
switching ports to the XXXX ATLANTIC TOPS at
rates set forth in Part IV.
2.9.6.1. 0+ Mechanized Operator Calls (Calling Card,
Collect, Xxxx to Third Number):
This option is available for COVAD to
provide their end user the ability, through
the mechanized XXXX ATLANTIC operator
interface, to complete calls via 0+ dialing
with alternate billing capabilities without
live operator assistance. Alternate billing
call completions can be Calling Card,
Collect or Xxxx to Third Number.
0+ Mechanized calls may be provided over the
same DA trunk groups which establish
interconnection from the COVAD switch or the
trunk groups which provide interconnection
from the COVAD unbundled local switching
61
line ports to the XXXX ATLANTIC TOPS.
Rates for requests for 0+ Mechanized Calls
will be billed to COVAD and are set forth in
Part IV. In addition, for calls originating
from a facilities-based COVAD switch or for
calls from COVAD unbundled local switching
line ports, there will be charges to
terminate the call from the TOPS tandem to
the called party. These include the per
minute of use Unbundled Tandem Transport
Charges ("UTTC") assessed for each call
transported between the TOPS tandem and the
end office, the per minute of use Tandem
Transit Switching Charge ("TTSC") assessed
for each call that traverses a XXXX ATLANTIC
tandem switch, and the appropriate per
minute of use charges for reciprocal
compensation ("UNRCC" or "UCRCC") depending
on the terminating end office switch, as set
forth in Part IV.
2.9.6.1.4 0- Operator Handled Calls (Calling Card,
Collect, Xxxx to Third Number)
This option is available for COVAD to
provide their end user, through the XXXX
ATLANTIC operator, the ability to complete
intraLATA calls via 0- dialing with
alternate billing capabilities and live
operator assistance. Alternate billing call
completions can be Calling Card, Collect or
Xxxx to Third Number, Station to Station and
Person to Person.
0- Operator Handled Calls may be provided
over the same DA trunk groups which
establish interconnection from the COVAD
switch or the trunk groups which provide
interconnection from the COVAD unbundled
local switching line ports to the XXXX
ATLANTIC TOPS.
Rates for requests for 0- Operator Handled
Calls will be billed to COVAD and are set
forth in Part IV. In addition, for calls
originating from a facilities-based COVAD
switch or for calls
62
from COVAD unbundled local switching line
ports, there will be charges to terminate
the call from the TOPS tandem to the called
party. These include the per minute of use
Unbundled Tandem Transport Charges ("UTTC")
assessed for each call transported between
the TOPS tandem and the end office, the per
minute of use Tandem Transit Switching
Charge ("TTSC") assessed for each call that
traverses a XXXX ATLANTIC tandem switch, and
the appropriate per minute of use charges
for reciprocal compensation ("UNRCC" or
"UCRCC") depending on the terminating end
office switch, as set forth in Part IV.
2.9.6.1.5 Operator Emergency Bulletin Service
This option provides COVAD with emergency
numbers of police, fire, ambulance and
Public Safety Answering Points (PSAP) in the
XXXX ATLANTIC serving area so that COVAD
operators can connect callers directly to
the proper emergency bureaus.
The XXXX ATLANTIC Operator Emergency
Bulletin Service lists the emergency,
police, fire, ambulance and PSAP telephone
numbers by municipality and in alphabetical
order for each of the areas served by XXXX
ATLANTIC.
Operator Emergency Bulletin Service is
available for use by COVAD operators for the
sole purpose of assisting callers in
reaching an emergency bureau.
Operator Emergency Bulletin Service is a
copy of XXXX ATLANTIC's own emergency
bulletin. This agreement includes one annual
copy of the bulletin plus periodic updates
during the year. Independent telephone
companies emergency numbers are not
included.
Rates and charges for Operator Emergency
63
Bulletin service are set forth in Part IV.
2.9.6.1.6 Operator Passthrough Service
This option provides COVAD's end users with
access to operators of their Presubscribed
Interexchange Carriers ("IC") for operator
assisted call completion. This option
applies only when the Presubscribed IC
provides Operator Services for COVAD's end
users for calls originating from a
particular LATA and is capable of receiving
calls passed through it by XXXX ATLANTIC in
that LATA.
XXXX ATLANTIC will, when requested by
COVAD's end user, connect that end user to a
specified IC for operator call completion
provided that IC offers operator services in
that end user's originating LATA and is
capable of receiving calls passed through to
it by XXXX ATLANTIC in that LATA.
If the IC does not provide Operator Services
for COVAD's end user, at the option of the
IC, XXXX ATLANTIC will provide COVAD's end
user with access to an IC designated
Operator Services Provider or to a XXXX
ATLANTIC provided announcement which will
direct COVAD's end user to contact their
Presubscribed IC for dialing instructions.
The Operator Passthrough charge is applied
on an operator work second basis, and rated
using the 0-Operator Handled calls in Part
IV.
COVAD will be assessed this charge on calls
that are passed through to either the
Presubscribed IC's operator, or a XXXX
ATLANTIC provided recording indicating that
the IC does not provide service in that
area.
Rates and charges applied to Operator
Passthrough Service are set forth in Part
IV.
64
2.9.6.2 Directory Assistance
XXXX ATLANTIC will offer Directory Assistance ("DA")
service to COVAD's customers served by COVAD's own
switch over separate trunk groups ordered or provided by
COVAD to the XXXX ATLANTIC TOPS switch(es) as specified
by XXXX ATLANTIC. Access to the XXXX ATLANTIC DA
platform from COVAD's local switch requires that COVAD
utilize Feature Group C ("FG-C") Modified Operator
Services Signaling. The Interoffice Transmission
Facility ("IOF") mileage rate for the facility will be
based on airline mileage using V&H coordinate methods
from the COVAD location to the nearest XXXX ATLANTIC
TOPS. Trunk terminations at the TOPS switch(es) require
COVAD to purchase trunk ports at rates specified in Part
IV. For each trunk group COVAD must indicate the DA
option selected as set forth in 19.2.2 (a), (b) and (c)
immediately following. XXXX ATLANTIC also provides
COVAD, using the unbundled local switching element,
access to this optional service either through dedicated
IOF and trunk ports or on shared operator service trunks
between the end office in which they have unbundled
local switching ports and the TOPS switches. Additional
per minute of use ("MOU") local switching charges will
apply for all calls which interconnect from the
unbundled local switching ports to the XXXX ATLANTIC
TOPS as described in Part IV.
This option provides COVAD end users access to Telephone
Directory Assistance operators via 411, 555-1212, or 1+
(NPA) 555-1212 dialing. Rates for requests for Directory
Assistance will be billed to COVAD and are set forth in
Part IV. There are no Directory Assistance call
allowances provided to COVAD or their end users.
2.9.6.2.1 Directory Assistance with Branding
This service allows COVAD to select only one
of the three options as follows:
(a) COVAD may provide XXXX ATLANTIC with a
COVAD branded, introductory Directory
Assistance and Operator Services
announcement which will be played for all
COVAD end users completing DA or Operator
Services calls over the trunk group to the
XXXX
65
ATLANTIC TOPS.
(b) COVAD may request XXXX ATLANTIC branded
announcement.
(c) COVAD may request an unbranded, generic
announcement.
This message may be a maximum of eighteen
(18) seconds and may be recorded by COVAD
or, at COVAD's request, by XXXX ATLANTIC. A
minimum of two (2) audio cassette recordings
of the COVAD branding announcement must be
forwarded to XXXX ATLANTIC. Rates for
requests for Directory Assistance with
branding will be billed to COVAD and are set
forth in Part IV.
2.9.6.2.2 Directory Assistance Call Completion (DACC)
This option provides for automatic
connection of a COVAD end user calling XXXX
ATLANTIC DA to the published telephone
number requested. After the XXXX ATLANTIC DA
operator provides the requested number, a
recorded service message will offer to
connect the caller to that number for a
specified additional charge. The caller can
accept the offer for DACC by depressing a
button (touch tone) or responding by voice
(dial), as instructed by the voice message.
The DACC charge will apply as set forth in
Part IV. In addition, for calls originating
from a facilities-based COVAD switch or for
calls from COVAD unbundled local switching
line ports, there will be charges to
terminate the call from the TOPS tandem to
the called party. These include the per
minute of use Unbundled Tandem Transport
Charges (UTTC) assessed for each call
transported between the TOPS tandem and the
end office, the per minute of use Tandem
Transit Switching Charge (TTSC) assessed for
each call that traverses a XXXX ATLANTIC
tandem switch, and the appropriate per
minute of use charges for reciprocal
66
compensation (UNRCC or UCRCC) depending on
the terminating end office switch, as set
forth in Part IV.
DACC is available to COVAD residence and
business customers and from public
telephones on a collect, xxxx to third
number or calling card basis. The charge
appropriate to the billing option used will
apply in addition to the DACC charge.
DACC is available with all telephone numbers
in the XXXX ATLANTIC DA database except:
- non-published telephone
numbers
- interLATA numbers
- 700, 800 and 900 numbers
When a caller requests more than one number
for Directory Assistance, DACC is offered
only for the first eligible listing that was
selected by the operator.
The DACC charge applies only to calls
actually completed.
The DACC charge will be credited for
completion of calls to the wrong number,
incomplete connections or calls with
unsatisfactory transmission as set forth in
Section 2.9.6.2.3 following.
Rates for requests for DACC will be billed
to COVAD as set forth in Part IV.
2.9.6.2.3 Directory Assistance Credits
A credit allowance will apply to COVAD for
directory inaccessibility, wrong numbers,
cut-offs or poor transmission. When the
COVAD end user reports to the XXXX ATLANTIC
directory assistance operator such a call
and the number requested, the number
provided and the reason the number provided
is
67
incorrect, the number of calls for which a
credit will apply will be developed by the
XXXX ATLANTIC DA operator and credited to
COVAD identifying the specific COVAD end
user to whom the credit applies.
2.9.6.2.4 Direct Access to Directory Assistance
("DADA")
Direct Access to Directory Assistance
("DADA") is a database service that provides
for access to XXXX ATLANTIC listings by a
COVAD operator. The DADA database is a
physically distinct entity from the XXXX
ATLANTIC DA database, populated with
identical listing data, and updated from the
same source on a daily basis.
COVAD is required to arrange for
interconnection to the database. XXXX
ATLANTIC will interconnect at any
technically feasible point designated by
COVAD. XXXX ATLANTIC will provide COVAD with
a User Guide for training its agents.
Rates and Charges for DADA are set forth in
Part IV.
2.9.6.3 Customized Routing will be provided in accordance with
the PSC No. 916 Tariff.
2.9.7 "Signaling Systems and Call-Related Databases"
2.9.7.1 "Signaling Link Transport" is a set of two or four
dedicated 56 Kbps transmission paths between Signaling
Points of Interconnection (SPOI) mutually agreed to by
the Parties that provides appropriate physical
diversity.
2.9.7.2 "Signaling Transfer Points" is a signaling network
function that includes all of the capabilities provided
by the signaling transfer point switches (STPs) and
their associated signaling link ports which enable the
exchange of SS7 messages among and between switching
elements, database elements
68
and other signaling transfer points. This function does
not include the administration and translation function
which XXXX ATLANTIC will perform upon COVAD's request.
2.9.8 "Service Control Points (SCPs)"/"Databases"
2.9.8.1 "Databases" as used herein are the unbundled Network
Elements that typically provide the functionality for
storage of, access to, and manipulation of information
required to provide a particular service or capability.
2.9.8.2 A "Service Control Point" (SCP) is a specific type of
Database Network Element deployed in a Signaling System
7 (SS7) network that executes service application logic
in response to SS7 queries sent to it by a switching
system also connected to the SS7 network. SCPs may also
utilize interfaces to allow for provisioning,
administration and maintenance of subscriber data and
service application data (e.g., an 800 database stores
Customer record data that provides information necessary
to route 800 calls).
2.9.8.3 "Service Management Systems" (SMS) permits the creation,
modification or updating of information in call-related
databases. SMS shall be provided by XXXX ATLANTIC to
COVAD in the same manner and method that XXXX ATLANTIC
provides for its own access to SMS. XXXX ATLANTIC shall
provide COVAD with all information necessary to
correctly enter or format for entry the information
relevant for input into the particular XXXX ATLANTIC
SMS.
2.9.8.4 "Advanced Intelligent Network" (AIN) database as used
herein means a Service Control Point providing
programmed call-processing information for various
services in response to specific queries generated by
switch-based triggers.
2.10 Operations Support Systems Functions. See Section 12 of the General
Terms and Conditions of this Agreement.
69
3. Other Requirements
3.1 To the extent required by Applicable Law, XXXX ATLANTIC may combine
unbundled Network Elements at rates and charges to be determined on
an individual case basis.
3.2 COVAD agrees that, in order to allow XXXX ATLANTIC to properly size
its resources, COVAD will provide XXXX ATLANTIC with COVAD's
projected demand requirements for particular unbundled Network
Elements prior to ordering such unbundled Network Elements in a
particular geographic area. The demand projections provided by COVAD
will include, but shall not be limited to, forecasts of: (1) the
volume of unbundled Network Elements; (2) any significant number of
orders for any unbundled Network Elements; and (3) complex orders
for unbundled Network Elements. XXXX ATLANTIC agrees, however, that
COVAD shall not be required by this Section 3.2 to provide detailed
forecasts of every specific order, unbundled Network Element, or
Customer specific bid. The Parties agree to participate in joint
network planning and large job planning meetings as required. COVAD
will be considered the Customer for each unbundled Network Element.
3.3 Intentionally Omitted
3.4 The following additional terms shall apply to COVAD's purchase and
XXXX ATLANTIC's provision of unbundled Network Elements.
3.4.1 Intentionally Omitted
3.4.2 XXXX ATLANTIC agrees to unbundled its SS7 network to convey
any type of message (currently provided or to be provided in
the future when and where it becomes available in the XXXX
ATLANTIC network) as required by the Order (i.e., at an STP)
between any and all signaling points necessary for the
provision of those services. The XXXX ATLANTIC signaling
network will provide access to all unbundled Network Elements
connected to it and will support fully the functions of all
unbundled Network Elements connected to it in support of these
services as specifically included in this Agreement and
necessary for the mutual provision of said services. This
explicitly includes the use of the XXXX ATLANTIC signaling
network to convey transient messages to another carrier
connected to XXXX ATLANTIC's network in a manner that permits
XXXX ATLANTIC to convey such messages. For example, to the
extent permitted by law, XXXX ATLANTIC agrees not to block
transient TCAP messages. XXXX ATLANTIC agrees to (i) allow
70
COVAD freedom to select signaling points of interconnection,
subject to the capacity of the XXXX ATLANTIC network and other
network considerations, (ii) unbundle dedicated transport for
signaling links from the XXXX ATLANTIC SS7 network and to
satisfy physical diversity requirements based on the capacity
and any measuring limitations of its SS7 network on the same
terms and conditions that XXXX ATLANTIC provides to itself,
(iii) enable call setup between COVAD local switching and
signaling systems and the XXXX ATLANTIC switching and
signaling systems, (iv) support CLASS features between the
COVAD local network and XXXX ATLANTIC's network to the extent
such compatibility exists on the Effective Date of this
Agreement and thereafter as such compatibility may be
expanded, and (v) provide the appropriate options to query
XXXX ATLANTIC databases via this interconnection.
3.4.3 XXXX ATLANTIC agrees to unbundle Tandem Switching in a manner
that prevents the loss of any functionality when routing
through the applicable tandem to the extent such functionality
is provided for traffic routed through that tandem on the
Effective Date of this Agreement and thereafter during the
term or any renewal term of this Agreement. XXXX ATLANTIC
agrees to preserve CLASS features and Caller ID as traffic is
processed, to the extent the XXXX ATLANTIC network has the
capability on the Effective Date of this Agreement and
thereafter as such capability may be expanded, and to provide
COVAD access to the XXXX ATLANTIC E911 tandems. COVAD
acknowledges that certain CLASS features may not be passed
between certain switch types which do not have such technical
capabilities in the XXXX ATLANTIC network.
3.4.4 XXXX ATLANTIC agrees to provide COVAD full cooperation and
support to ensure COVAD's Customers are able to reach a PSAP.
XXXX ATLANTIC will provide COVAD data on the type of emergency
service (e.g., Basic 911, E911) that exists throughout the NY
Region, as well as any geographical differences. COVAD agrees
that it is responsible for initiating and maintaining its own
relationships with PSAPs, and for any end user payments to
townships, counties and municipalities associated with
911/E911 services. XXXX ATLANTIC agrees, however, that it will
endeavor to assist COVAD in establishing relationships with
PSAPs.
3.4.5 XXXX ATLANTIC shall perform testing and trouble isolation of
all unbundled Network Elements provided by XXXX ATLANTIC,
except for the Local Loop and line ports.
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3.4.6 Within 6 months after the Effective Date, the Implementation
Team described in Attachment 2 ("Operations Plan and
Implementation Team") shall begin to consider supplementing
the Operations Plan with more detailed specifications and
technical requirements for the unbundled Network Elements.
4. MLT Testing
Except in exceptional circumstances, as stated below, when a COVAD
customer served by COVAD using an unbundled Network Element Local
Loop or reports a service problem to COVAD, COVAD shall perform
Mechanized Loop Testing (MLT) on the Local Loop and line port prior
to reporting the service problem to XXXX ATLANTIC. The Parties will
work cooperatively to develop a list of exceptional circumstances in
which COVAD need not perform an MLT test, which shall include, but
not be limited to circumstances in which the service problem is due
to a visually or otherwise readily identifiable service problem
(e.g., a downed drop wire) or the applicable XXXX ATLANTIC systems
needed to perform an MLT test are not operational. In addition, XXXX
ATLANTIC, in its discretion, may perform MLT testing to diagnose a
trouble. XXXX ATLANTIC will maintain all unbundled Network Elements
provided by XXXX ATLANTIC to COVAD, including but not limited to the
Local Loop (and line ports).
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EXHIBIT A to Part II
Bona Fide Request Process
1. The following process shall be used to promptly consider and analyze
requests by COVAD for unbundled Network Elements required to be provided
under the Act which are not specifically identified in this Agreement.
These requests by COVAD shall hereinafter be referred to as "Bona Fide
Requests."
2. A Bona Fide Request shall be submitted in writing and shall include a
technical description of each requested unbundled Network Element.
3. Within ten (10) business days of receipt, XXXX ATLANTIC shall acknowledge
receipt of the Bona Fide Request.
4. Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Bona Fide Request, XXXX ATLANTIC shall provide to COVAD a
preliminary analysis in writing of such Bona Fide Request (hereinafter
referred to as a "Preliminary Analysis") at no charge to COVAD. The
Preliminary Analysis shall (i) state whether the unbundled Network Element
requested by COVAD is readily or currently available, and if so, confirm
that XXXX ATLANTIC will promptly offer access to the unbundled Network
Element or (ii) provide an explanation that access to the unbundled
Network Element is not technically feasible or available and/or that the
request does not qualify as an unbundled Network Element that is required
to be provided by XXXX ATLANTIC under the Act. In the case of clause (ii)
above, the Parties shall undertake good faith negotiations to redefine the
request, and in the event of impasse either Party may seek relief pursuant
to the Dispute Resolution Process set forth in Section 16 of the General
Terms and Conditions of this Agreement.
5. Once the Parties have agreed that the provision of an unbundled Network
Element requested in the Bona Fide Request is technically feasible and
otherwise qualifies under the Act, if COVAD wishes XXXX ATLANTIC to
proceed with developing the Bona Fide Request, it shall submit a written
request for a quote and provide payment to XXXX ATLANTIC for the
preparation of such quote (hereinafter referred to as a "BFR Quote").
Within 90 days of such request by COVAD to proceed and payment therefor,
XXXX ATLANTIC shall complete the development of the BFR Quote for the
unbundled Network Element requested in the Bona Fide Request, including
availability, applicable prices and installation intervals.
6. Unless the Parties otherwise agree, the unbundled Network Element
requested must be priced in accordance with Section 252(d)(1) of the Act.
7. Within ninety (90) days of its receipt of the BFR Quote, COVAD must
confirm its
73
order for the Bona Fide Request pursuant to the BFR Quote or seek relief
pursuant to the Dispute Resolution Process set forth in Section 16 of the
General Terms and Conditions of this Agreement.
8. If a Party believes that the other Party is not requesting, negotiating or
processing a Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Party shall seek relief pursuant to the Dispute
Resolution Process set forth in Section 16 of the General Terms and
Conditions of this Agreement.
9. COVAD may cancel its Bona Fide Request at any time upon written notice to
XXXX ATLANTIC, subject to the following: (i) if such cancellation notice
is received after the submission by XXXX ATLANTIC to COVAD of the
Preliminary Analysis, but before COVAD requests a BFR Quote, COVAD shall
not be liable to XXXX ATLANTIC for reimbursement of any costs incurred by
XXXX ATLANTIC and (ii) if such cancellation notice is received after COVAD
submits its request for a BFR Quote, but before the BFR Quote is rendered
by XXXX ATLANTIC to COVAD, COVAD shall be liable to XXXX ATLANTIC for
reimbursement of all actual costs incurred by XXXX ATLANTIC in connection
with developing such BFR Quote up until its receipt of such notice of
cancellation; provided, however, that if such notice of cancellation is
received after the receipt by COVAD of the BFR Quote, the amount for which
COVAD shall be liable pursuant to clause (ii) of this paragraph 9 shall
not exceed the lesser of the actual costs incurred by XXXX ATLANTIC or the
estimate in the BFR Quote plus 20%.
74
PART III: SERVICE DESCRIPTION -- ANCILLARY FUNCTIONS
1. Intentionally Omitted
2. Collocation
2.1 Definition
Subject to the availability of space, physical collocation
("collocation") is the right of COVAD to obtain dedicated space,
power and other associated resources as provided herein in the XXXX
ATLANTIC Local Serving Office (LSO) serving wire centers and tandem
offices which are specified in NECA 4, as well as all other XXXX
ATLANTIC premises as required under the Act and the Order
("Collocation Premises"), and to place equipment in such spaces to
interconnect with the XXXX ATLANTIC network services and/or
unbundled Network Elements and/or interconnect to any other
interconnector located in such Collocation Premises through XXXX
ATLANTIC facilities. Subject to Section 7.4 of the General Terms and
Conditions of this Agreement, XXXX ATLANTIC shall provide to COVAD
collocation space necessary for the placement of equipment necessary
for interconnection and for access to unbundled Network Elements
according to applicable XXXX ATLANTIC tariffs, including but not
limited to P.S.C. No. 900 Tariff, as in effect from time to time and
the terms of this Agreement. On COVAD's written request, XXXX
ATLANTIC will provide virtual collocation, even if physical
collocation is available, but subject to and in accordance with
applicable tariffs and the terms of this Agreement; provided,
however, that XXXX ATLANTIC agrees not to voluntarily file any
tariff provision with the Commission that is inconsistent with the
position that virtual collocation is available upon request even if
physical collocation is also available. Except for the provisions of
Section 2.4.23 of this Part III, the provisions of this Part III
shall not be applicable to collocation for solely interstate
purposes. Except for the provisions of Section 2.4.23 of this Part
III, if COVAD requests collocation for solely (100%) interstate
purposes, the same shall be governed by applicable FCC tariffs, and
whether a purpose constitutes interstate or intrastate shall be
determined according to applicable FCC rules and tariffs.
2.2 Technical Requirements
2.2.1 XXXX ATLANTIC shall provide, upon request by COVAD, a license
to occupy space to meet COVAD's needs for placement of
equipment for interconnection, or access to unbundled Network
Elements pursuant to the requirements in this Agreement.
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2.2.2 XXXX ATLANTIC shall provide intraoffice facilities (e.g., DS0,
DS1, and DS3 terminations) permitting electrical handoffs as
requested by COVAD to meet COVAD's need for placement of
equipment, interconnection, or provision of service. At such
time that OC3, OC12, OC48, and STS1 intraoffice facility
terminations become available in the Collocation Premises,
they shall be made available to COVAD for its fiber handoffs.
2.2.3 The standard hours for COVAD equipment and cable installations
in the collocated space shall be 9:00 AM to 5:00 PM, Monday
through Friday. In those instances where COVAD may reasonably
require expanded equipment and cable installation hours, it
shall make such request not less than two business days prior
to the requested date of access, which request shall be
promptly reviewed by XXXX ATLANTIC and with respect to which
XXXX ATLANTIC shall not unreasonably withhold its consent. Any
such outside-standard-hours access to the collocated space or
other associated XXXX ATLANTIC space for equipment
installation is restricted to the collocation area and the
entire cable route, and may require COVAD's payment of costs
incurred by XXXX ATLANTIC including costs for a security guard
or escort personnel. XXXX ATLANTIC shall provide COVAD with
written security rules and regulations prior to COVAD's
commencement of installation at the collocated space.
2.2.4 XXXX ATLANTIC shall not be obligated to permit collocation of
switching equipment in XXXX ATLANTIC facilities. To the extent
the Commission determines in instances where COVAD has
demonstrated to the Commission that Remote Switching Modules
("RSMs") or Remote Line Modules ("RLMs") are used for
interconnection or access to unbundled Network Elements, COVAD
may locate such RSMs or RLMs in collocated space, on a space
available basis for use in conformance with all applicable FCC
orders. All RSMs and RLMs installed at XXXX ATLANTIC
facilities shall be installed consistent with XXXX ATLANTIC
requirements as set forth in Sections 2.2.31 through 2.2.34 of
this Part III for such equipment (e.g., grounding requirements
set forth in Appendix D). COVAD may collocate Digital
Subscriber Line Access Multiplexers (DSLAMs) in its collocated
space subject to the requirements of this Part III.
2.2.5 XXXX ATLANTIC shall provide interconnection of COVAD to other
76
carriers who have collocated space within the same XXXX
ATLANTIC Collocation Premises (e.g., XXXX ATLANTIC shall not
require COVAD to interconnect with other carriers outside the
XXXX ATLANTIC Collocation Premises). Such COVAD to other
carrier interconnection shall be accomplished via XXXX
ATLANTIC transmission facilities the price for which shall be
established by applicable tariffs, including but not limited
to P.S.C. No. 900 Tariff or, if there shall be none,
established on an individual case basis.
2.2.6 COVAD may select its own vendors for all required engineering
and installation services associated with its collocated
equipment (e.g., XXXX ATLANTIC shall not require COVAD to
utilize XXXX ATLANTIC's internal engineering or installation
work forces for the engineering and installation of COVAD's
collocated equipment). COVAD's vendors shall be (i) on the
then current XXXX ATLANTIC approved vendors' list which will
be provided by XXXX ATLANTIC to COVAD upon request, or (ii)
considered by XXXX ATLANTIC for inclusion in such list, upon
COVAD's request.
2.2.7 XXXX ATLANTIC shall provide under tariff basic telephone
service with a connection xxxx when ordered by COVAD from XXXX
ATLANTIC for the collocated space for administrative purposes.
Upon COVAD's request, this service shall be available at the
COVAD collocated space within the same time frame in which
XXXX ATLANTIC provides basic telephone service to its end-user
Customers served from the same central office.
2.2.8 XXXX ATLANTIC shall provide adequate "stumble" lighting,
ventilation, power, heat, air conditioning, and other toll
grade environmental conditions suitable for transmission
equipment for COVAD's space and equipment in compliance with
Xxxx Communication Research (Bellcore) Network
Equipment-Building System (NEBS) standards TREOP000063. COVAD
may install its own AC/DC rack lighting in the collocation
space, subject to applicable standards. Notwithstanding XXXX
ATLANTIC's obligation herein to provide "stumble" lighting
only, COVAD shall receive from XXXX ATLANTIC the same level of
any greater lighting which XXXX ATLANTIC may provide to any
other Telecommunications Carrier at the same Collocation area
within the same Collocation Premises.
2.2.9 To the extent that it has and makes such facilities available
to its own
77
employees, in emergency situations, XXXX ATLANTIC shall
provide access to washdown facilities within the Collocation
Premises on a twenty-four (24) hours per day, seven (7) days
per week basis for COVAD personnel and its designated agents.
COVAD employees and designated agents shall have standard
access to restrooms in the Collocation Premises, where
available. If desired, COVAD shall provide its own portable
eyewash stations within the collocated space.
2.2.10 Subject to its availability and technical feasibility, XXXX
ATLANTIC shall provide all ingress and egress of fiber and
power cabling to COVAD collocated spaces in compliance with
COVAD's cable diversity requirements. The specific level of
diversity compliance and COVAD diversity requirements for each
site or unbundled Network Element will be provided in the
collocation request and, if XXXX ATLANTIC determines that such
compliance will result in added expense, COVAD shall be so
advised and given an opportunity to decide whether or not it
wishes to pay for said added expense.
2.2.11 XXXX ATLANTIC shall ensure protection of COVAD's proprietary
Customer information in accordance with the provisions of
Section 18 of the General Terms and Conditions of this
Agreement.
2.2.12 XXXX ATLANTIC agrees that any collocation space furnished to
COVAD hereunder will be in compliance with OSHA requirements.
In the event COVAD becomes aware of any violation or
noncompliance with OSHA by XXXX ATLANTIC in any collocation
area, COVAD will so notify XXXX ATLANTIC and XXXX ATLANTIC
shall remedy such situation as promptly as possible. In the
event COVAD requests collocation space in Collocation Premises
known to XXXX ATLANTIC to contain asbestos or other similar
environmental condition, XXXX ATLANTIC shall give prompt
verbal notification thereof to any one of the COVAD contacts
provided to XXXX ATLANTIC, as required by subsection 2.2.20.5.
2.2.13 Except in the case of emergency situations, XXXX ATLANTIC
shall provide COVAD with notice five (5) business days prior
to those instances where XXXX ATLANTIC or its subcontractors
will engage in significant work activities that may affect
COVAD's collocation in the general area of the collocated
space occupied by COVAD, or in the general area of the AC and
DC power plants which support COVAD equipment. XXXX ATLANTIC
will endeavor to inform COVAD by
78
telephone of any emergency-related activity that XXXX ATLANTIC
or its subcontractors may be performing in the general area of
the collocated space occupied by COVAD, or in the general area
of the AC and DC power plants which support COVAD equipment.
Notification of any emergency-related activity shall be made
as soon as possible so that COVAD can take any action required
to monitor or protect its service. COVAD shall attach to its
collocation space cage in a visible and easily accessible
location the COVAD methods of procedure (e.g., name and
contact telephone number(s)) for 24-hour contacts to be made
by XXXX ATLANTIC to COVAD under this subsection.
2.2.14 XXXX ATLANTIC shall prepare or cause to be prepared a basic
drawing of the collocation space, which drawing shall
specifically include (i) the dimensions of such space, (ii)
the location and proximity of such space to any walls and
other structures, (iii) the location of doors, ground bars and
AC convenience outlets, (iv) the location of the XXXX ATLANTIC
Point of Termination Bays, and (v) to the best of its
knowledge without independent investigation, any physical
obstructions which may have a material adverse effect upon the
construction of the requested cage; provided, however, XXXX
ATLANTIC will promptly notify COVAD in the event its becomes
aware of obstructions not otherwise noted previously. Such
drawings shall be provided by XXXX ATLANTIC at a time mutually
agreed to by the Parties.
2.2.15 Except as otherwise provided in Section 2.4.57 below, XXXX
ATLANTIC shall construct the collocated space in accordance
with COVAD's reasonable request regarding location of COVAD
collocation space cable access, ground bars, doors, and
convenience outlets which construction shall be consistent
with XXXX ATLANTIC's engineering standards for its own similar
requirements. Convenience outlets will consist of 110 volts/20
amps feeding two duplex outlets per 100 square feet of
collocated space. Any COVAD request which cannot be
accommodated by XXXX ATLANTIC will be indicated on the final
drawings prepared for such collocation space in accordance
with this Part III.
2.2.16 COVAD and XXXX ATLANTIC will complete an acceptance
walk-through of all collocated space requested from XXXX
ATLANTIC. Exceptions to the final drawings (as such drawings
may be modified by
79
mutual agreement of the Parties) and in the Application for
Collocation that are noted by COVAD during this acceptance
walk-through shall be corrected by XXXX ATLANTIC generally
within five (5) days after the walk-through but in no case
more than ten (10) days thereafter except in those instances
where significant space modifications are required (e.g., cage
reconstruction). The correction of these exceptions from the
original collocation request, which exceptions were not
subsequently agreed to by COVAD, shall be at XXXX ATLANTIC's
expense.
2.2.17 After acceptance of COVAD's request for collocated space the
Parties shall mutually agree on a date for XXXX ATLANTIC to
conduct a walk-through of the cable routes to be held prior to
commencement of collocated space construction.
2.2.18 XXXX ATLANTIC shall provide detailed power cabling
connectivity information including the sizes and number of
power feeders to COVAD within five (5) business days of XXXX
ATLANTIC's acceptance of the power provisioning bid associated
with the furnishing of collocated space in accordance with
COVAD's request therefor.
2.2.19 Intentionally Omitted.
2.2.20 COVAD shall request access to Collocation Premises for the
purposes set forth in Section 2.2.1 of this Part III in
accordance with the following procedures:
2.2.20.1 In order to request construction in collocated space,
COVAD shall submit to XXXX ATLANTIC COVAD's
Application for Collocation (Appendix B) and the
applicable XXXX ATLANTIC tariff fee(s) (the date of
receipt by XXXX ATLANTIC of such Application and
fee(s) being hereinafter referred to as the "Start
Date").
(A) Within eight (8) business days of receipt by
XXXX ATLANTIC of COVAD's Application (provided
the same shall be materially complete) and
applicable tariff fee, XXXX ATLANTIC shall
respond to such Application by indicating
whether or not the request can be accommodated
or by providing COVAD with a Collocation
Schedule which shall set forth recurring
80
charges and estimated design and construction
costs and providing results of a site survey.
(B) Within TWO (2) business days of receipt by
COVAD of such detailed costs estimate, COVAD
shall in writing accept or decline XXXX
ATLANTIC's proposal and, if it shall accept
such proposal, it shall concurrently with such
acceptance provide XXXX ATLANTIC with (i) a
payment equal to 50% of the total estimated
cost or such other payment as shall be required
in accordance with XXXX ATLANTIC's applicable
tariff and (ii) an Insurance Certificate in the
form of Appendix C.
(C) Except in the event that COVAD changes its
Application for Collocation requirements after
they have been accepted by XXXX ATLANTIC and
such change would, in the reasonable judgment
of XXXX ATLANTIC, cause a construction or other
delay which would affect the turnover of
collocated space (in which case the penultimate
sentence of this subparagraph shall apply), or
in the event of Special Circumstances (as
defined below) detailed by XXXX ATLANTIC for
COVAD, and subject to the circumstances
contemplated by Section 14 (Force Majeure) of
the General Terms and Conditions of this
Agreement and the limitations set forth in
Exhibit A of this Part III, the collocated
space shall be constructed, made ready and
turned over by XXXX ATLANTIC to COVAD within
seventy-six (76) business days after the Start
Date or, when COVAD submits three or more
collocation applications in any one month, as
agreed by the Parties but in any event within
one hundred twenty (120) business days from the
Start Date. In the event of Special
Circumstances, such respective deadlines shall
be extended by no more than an additional
fifteen (15) business days (unless otherwise
mutually agreed to by the Parties). The
turnover interval shall be customized to
reflect the specific collocated space design
and construction work to be done. In those
instances where COVAD changes its requirements
which will affect the turnover of collocated
space, the interval for construction and
turnover of the collocated space shall be
extended to
81
reflect these changes upon mutual agreement of
the Parties. For purposes of this subparagraph,
the term "Special Circumstances" shall mean
special, unusual or unanticipated conditions or
circumstances arising out of or required by
COVAD's Application for Collocation (excluding
changes made by COVAD to such Application after
such Application has been accepted by XXXX
ATLANTIC) which could, in the reasonable
judgment of XXXX ATLANTIC, cause a construction
or other delay in the turnover of collocated
space including, by way of illustration and
without limitation, major construction
obstacles, asbestos abatement procedures or
uncustomary modifications to the Collocation
Premises.
2.2.20.2 Any rights and remedies which COVAD may have as a
result of a failure by XXXX ATLANTIC to comply with
the collocation turnover requirements of Section
2.2.20.1 hereof shall be governed exclusively by the
terms and conditions of this Agreement, including
Exhibit A to this Part III.
2.2.20.3 Within five (5) business days after the approval by
XXXX ATLANTIC of COVAD's Application for Collocation
and payment by COVAD of the appropriate application
fee(s), XXXX ATLANTIC shall provide the following
information to COVAD to the extent not previously
provided by XXXX ATLANTIC:
2.2.20.4 Work restriction guidelines;
2.2.20.5 XXXX ATLANTIC technical publication guidelines, if
any, that impact the design of the COVAD collocated
equipment. The Parties also agree that during the
Application for Collocation review, cage construction
and equipment installation processes each Party will
provide the other with a single point of contact name
and telephone number. Thereafter, each Party will
provide the other with contact names and telephone
numbers to the extent requested by the other Party
and to the extent necessary to complete such
processes and for ongoing collocation purposes; and
2.2.20.6 Escalation process for the XXXX ATLANTIC
representatives (names, telephone numbers and the
escalation order) for any
82
disputes or problems that might arise pursuant to
COVAD's collocation.
2.2.21 "Power," as referenced in this Part III, refers to any
electrical power source supplied by XXXX ATLANTIC for COVAD
equipment. It includes all superstructure, infrastructure, and
overhead facilities, including, but not limited to, cable,
cable racks and bus bars. XXXX ATLANTIC will supply power to
support COVAD equipment at equipment specific DC voltage
ranges. At a minimum, XXXX ATLANTIC shall supply power to
COVAD at parity with that provided by XXXX ATLANTIC to itself
for similar equipment requirements or to any third party. If
XXXX ATLANTIC performance, availability, or restoration falls
below industry standards set forth in subsections 2.3.5
through 2.3.7 herein, XXXX ATLANTIC shall bring itself into
compliance with such industry standards as soon as
technologically feasible.
2.2.21.1 Central office power supplied by XXXX ATLANTIC into
the COVAD equipment area, shall be supplied in the
form of DC power feeders (cables) on cable racking
into the designated COVAD equipment area. The DC
power feeders (cables) shall support the requested
quantity and capacity of COVAD equipment within
acceptable industry standards. The termination
location shall be as requested by COVAD in the
collocation space.
2.2.21.2 For a fee to be set forth in the applicable
Collocation Schedule (Appendix A) and subject to
payment of any amounts required pursuant to Section
2.4.20, XXXX ATLANTIC shall provide power as
requested by COVAD and where technically feasible, to
meet COVAD's need for placement of equipment,
interconnection, or provision of service.
2.2.21.3 The XXXX ATLANTIC power equipment supporting COVAD's
equipment shall:
2.2.21.3.1 Comply with applicable industry standards
(e.g., Bellcore, NEBS and IEEE) or
manufacturer's equipment power requirement
specifications for equipment installation,
cabling practices, and physical equipment
layout;
83
2.2.21.3.2 Have redundant power feeds with physical
diversity furnished at additional cost to
COVAD, and three (3) hour battery backup or,
at minimum, at parity with that provided for
similar XXXX ATLANTIC equipment;
2.2.21.3.3 To the extent technically feasible, in the
determination of the applicable XXXX
ATLANTIC vendor, and subject to the
reimbursement by COVAD of any costs incurred
by XXXX ATLANTIC or its vendor, provide,
when made available by the vendor at the
particular Collocation Premises, the
capability for direct access to real time
alarm data arising from conditions that may
impact COVAD equipment in the collocation
space, including but not limited to power
plant alarms specific to the XXXX ATLANTIC
power plants providing capacity to the
batteries, distribution, fuses and bays
within the COVAD collocation cage and
environmental alarms. To the extent that
access to alarm data is available in
accordance with the terms of this
subsection, XXXX ATLANTIC shall also require
that the vendor provide COVAD with all
available information which COVAD may
utilize to connect to the alarms to
establish remote access to the COVAD work
center provided that (i) with respect to any
existing vendor arrangements, the vendor
shall have agreed to make such information
available to COVAD and (ii) with respect to
any new vendor arrangements, the agreement
with such vendor shall require such vendor
to provide COVAD with such information (and
XXXX ATLANTIC agrees to request vendor to
include such a provision in its agreement
with XXXX ATLANTIC).
2.2.21.3.4 XXXX ATLANTIC will provide central office
ground, connected to a ground electrode
located at or on the outside of COVAD
collocated space; the ground electrode shall
be provided in accordance with accepted
industry standards relating to central
office grounding of transmission equipment
(e.g., current standards provide that the
ground electrode shall not be greater than
100 feet from the interconnector's cage);
COVAD may affix a connection to the XXXX
ATLANTIC provided ground bar
84
in order to provide COVAD's own ground bar
within the cage; and
2.2.21.3.5 For a fee to be set forth in the applicable
Collocation Schedule (Appendix A), and where
technically feasible, provide feeder
capacity and quantity to support the
ultimate equipment layout for COVAD
equipment in accordance with COVAD's
collocation request.
2.2.21.3.6 XXXX ATLANTIC shall:
2.2.21.3.6.1 Pursuant to mutual agreement by
the Parties, provide an
installation sequence and
access that reflects individual
power requirements for each
collocated space specifically
with the understanding that
COVAD typically desires that
power be available before COVAD
begins installing its
equipment; XXXX ATLANTIC agrees
that when COVAD installs its
own BDFB equipment in the
collocation space, said
equipment may be powered prior
to the installation of other
COVAD equipment;
2.2.21.3.6.2 Provide power plant alarms that
adhere to XXXX ATLANTIC
standard practices;
2.2.21.3.6.3 Provide cabling that adheres to
Xxxx Communication Research
(Bellcore) Network
Equipment-Building System
(NEBS) standards TREOP000063;
and
2.2.21.3.6.4 Provide Lock OutTag Out and
other electrical safety
procedures and devices in
conformance with OSHA or
industry guidelines.
2.2.21.3.7 XXXX ATLANTIC will provide COVAD with at
least 24-hours prior notice of any scheduled
AC or DC power work or related activity in
the collocated facility that will or is
likely to cause an outage or any type of
power disruption to COVAD equipment located
in the XXXX ATLANTIC facility. At all times
prior to the date on which remote access is
provided to COVAD pursuant to subsection
2.2.21.3.3 above, XXXX
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ATLANTIC agrees to provide promptly to COVAD
telephone notification of the occurrence of
all power failures or environmental
conditions affecting any Collocation
Premises within which COVAD maintains
Collocated Space, which power failures or
environmental conditions have the potential,
in the reasonable determination of XXXX
ATLANTIC, to adversely affect the operation
of, or access to, COVAD's equipment located
in Collocated Space maintained by COVAD
within such Collocation Premises.
Notwithstanding the provisions of Section 17
of the General Terms and Conditions of this
Agreement, notice under this Section
2.2.21.3.7 may be either written, oral or
provided through electronic interface and
will be provided to those persons designated
pursuant to Section 2.2.20.5.
2.2.22 Intentionally Omitted.
2.2.23 XXXX ATLANTIC will design and construct, at COVAD's expense,
a cage or room to establish a clear division between XXXX
ATLANTIC's space and COVAD's collocated space.
2.2.24 XXXX ATLANTIC shall provide collocated space that is in
material compliance with all Applicable Laws, including OSHA.
XXXX ATLANTIC will notify COVAD of any non-compliant condition
to the extent such condition is brought to XXXX ATLANTIC's
attention, and shall promptly remedy such condition to the
extent that such condition was caused by any negligent act or
failure to act of XXXX ATLANTIC.
2.2.25 XXXX ATLANTIC shall be permitted to conduct inspections at
irregular intervals of all or portions of the COVAD's
facilities, to determine that occupancies are authorized and
are installed and maintained in conformance with the required
standards set forth in this Agreement. XXXX ATLANTIC will
provide COVAD with five (5) days' advance notice of such
non-emergency inspections, and COVAD's representatives shall
have the right to be present at the time of inspection.
2.2.26 After construction of the collocated space and to the extent
that
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they may be reasonably required to accommodate COVAD's use of
the collocated space, COVAD shall be permitted to conduct
inspections at irregular intervals of all or portions of the
XXXX ATLANTIC Local Serving Office or other XXXX ATLANTIC
location(s) including but not limited to power cable runs,
cable vaults, and cable risers used to connect COVAD's
Customers or its power to COVAD's facilities. COVAD will
provide XXXX ATLANTIC with five (5) day's advance written
notice of such inspections, and XXXX ATLANTIC's
representatives shall have the right to be present at the time
of inspection.
2.2.27 Subject to the satisfaction by COVAD of the conditions
contained elsewhere herein, XXXX ATLANTIC grants COVAD a
license to occupy:
(i) the collocated space;
(ii) space within the cable riser, cable rack support
structure and cable vault designated by XXXX ATLANTIC;
and
(iii) space within the access conduit within the riser in the
central office from the XXXX ATLANTIC cable vault to the
COVAD cage.
The foregoing space requirements are more fully described in
the applicable Collocation Schedules, if any, the form of
which is attached hereto, made a part hereof and marked
Appendix A, as well as any such Collocation Schedules which
are later agreed to by the parties.
2.2.28 In connection with the collocated space made available
hereunder, XXXX ATLANTIC will provide 110V A.C. power for
convenience outlets, lighting for frames, and "stumble"
lighting in the collocated space (as per Bellcore NEBS
document TREOP000063). XXXX ATLANTIC will also provide 48 volt
battery-backed D.C. power for COVAD's equipment. The charges
for these items are listed in each Collocation Schedule.
Notwithstanding XXXX ATLANTIC's obligation herein to provide
"stumble" lighting only, COVAD shall be entitled to receive
from XXXX ATLANTIC the same level of any greater illumination
which XXXX ATLANTIC may provide to any other
Telecommunications Carrier at the Collocation Premises.
87
2.2.29 In the event COVAD occupies more than one collocated space
location within the same XXXX ATLANTIC Collocation Premises,
COVAD will be permitted to interconnect its equipment
contained in such collocated spaces. At these XXXX ATLANTIC
Collocation Premises, for noncontiguous collocated spaces XXXX
ATLANTIC will provide to COVAD, at COVAD's expense, (i) cable
racking between COVAD's collocated space locations using XXXX
ATLANTIC designated supporting structures, and (ii) connecting
cable installation. XXXX ATLANTIC will provide the most direct
collocated space connection route possible. For contiguous
collocated spaces, COVAD will be responsible for supplying and
installing the cabling and cable racking between such COVAD
collocated space locations using XXXX ATLANTIC designated
support structures.
2.2.30 COVAD shall be permitted to place in collocated space storage
cabinets, cross connect frames and work surfaces (e.g.,
tables). However, in no event shall COVAD place flammable or
hazardous materials in the collocation space. To help ensure
the availability of sufficient space for other
interconnectors, the storage cabinets and work surfaces shall
not take up more than 50% of collocated space and shall meet
XXXX ATLANTIC central office environmental standards (NIP
74165 XXXX ATLANTIC Central Office Environmental
Requirements), in effect at the time of COVAD's equipment
installation and as they may be modified from time to time,
copies of which will be provided (including all updates), to
COVAD at cost. COVAD shall be provided with a reasonable
period of time after receipt of NIP 74165 updates to comply
with their terms. COVAD will provide, install and maintain in
collocated space any repeaters which may be necessary as a
result of the physical distance between collocated space and
the office premises terminations of the XXXX ATLANTIC network.
XXXX ATLANTIC will employ the same procedures, aimed at
minimizing this distance, as it does in conjunction with its
own equipment.
2.2.31 All equipment permitted to be placed within COVAD's Collocated
Space shall comply with Bellcore Network Engineering Building
System (NEBS) General Equipment Requirements (TREOP000063),
the National Electric Code and Bellcore safety standards,
including GR-1089, in effect at the time of installation
88
and as they may be modified from time to time. COVAD shall be
provided with a reasonable period of time after any update of
said standards, to comply with its modified terms.
2.2.32 COVAD's equipment and installation of COVAD's equipment shall
comply with the XXXX ATLANTIC Information Standards for
Central Office Installation and Removal Procedures (NIP74160)
and with XXXX ATLANTIC Workmanship Requirement Profile, and
XXXX ATLANTIC's central office engineering environmental
standards (NIP74165), in effect at the time of installation,
and as they may be modified from time to time, as they relate
to fire, safety, health, environmental, and network
safeguards, copies of which will be provided (including all
updates), to COVAD at cost. COVAD shall have the right to
exceed the standards. COVAD shall be provided with a
reasonable period of time after receipt of any NIP74160, 74165
updates, to comply with their terms.
2.2.33 COVAD's facilities shall be placed, maintained, relocated or
removed in accordance with the applicable requirements and
specifications of the current editions of the National
Electrical Code (NEC), the National Electrical Safety Code
(NESC) and rules and regulations of the Occupational Safety
and Health Act (OSHA), and any governing authority having
jurisdiction in effect at the time of installation and as they
may be modified from time to time. All COVAD entrance
facilities and splices shall comply with Bellcore Generic
Specification for Optical Fiber and Optical Fiber cable
(TRTSY00020), Cable Placing Handbook (NX620020912NY), Cable
Splicing Handbook (NX620020911NY), Cable Maintenance Handbook
(NX620020913NY), and General Information Tools and Safety
(NY620020910NY) in effect at the time of installation, and as
they may be modified from time to time, as they relate to
fire, safety, health, environmental safeguards or interference
with XXXX ATLANTIC services or facilities, copies of XXXX
ATLANTIC documents will be provided (including all updates),
to COVAD at cost. The COVAD collocated space equipment shall
also comply with XXXX ATLANTIC's central office engineering,
environmental and transmission standards in effect at the time
of installation as they may be modified from time to time, as
they relate to fire, safety, health, environmental safeguards,
or interference with XXXX ATLANTIC services or facilities.
Where a difference in specification may exist, the more
stringent shall apply. COVAD's facilities shall
89
not physically, electronically, or inductively interfere with
XXXX ATLANTIC's or other interconnectors' or tenants'
facilities. COVAD shall have the right to exceed any of the
foregoing standards or technical requirements. With respect to
the foregoing XXXX ATLANTIC standards documents which have
been updated and provided to COVAD, COVAD shall be provided
with a reasonable period of time after receipt of such updates
to comply with their modified terms. Insofar as the NEC, NESC
and OSHA requirements are concerned, COVAD shall be provided
with a reasonable period of time after updates to those
requirements, to comply with their modified terms.
2.2.34 While many of the standards and technical requirements for
COVAD's cable, equipment and facilities are set forth in
subsection 2.2.33 above, XXXX ATLANTIC reserves the right to
reasonably specify the type of cable, equipment and
construction standards reasonably required in situations not
otherwise covered in this Agreement. In such cases, XXXX
ATLANTIC will furnish to COVAD, promptly when it becomes
available, written material which will specify and explain the
required construction.
2.2.35 All work for which COVAD is responsible shall be performed by
XXXX ATLANTIC authorized vendors. Such authorization will not
be unreasonably withheld or delayed.
2.2.36 XXXX ATLANTIC reserves the right to prohibit all equipment and
facilities, other than cable, from its entrance manholes. No
splicing will be permitted in Manhole "O". COVAD shall provide
a length of underground fiber optic cable in Manhole "O" of
sufficient length to be pulled through the XXXX ATLANTIC
central office premises conduit and into the office premises
cable vault splice location. COVAD is responsible for
placement of the cable facility within Manhole "O". COVAD is
responsible for the maintenance of the cable(s). XXXX ATLANTIC
is responsible for maintaining its manholes.
2.2.37 COVAD is responsible for installing COVAD provided feeder
cable in the conduit space. XXXX ATLANTIC may provide shared
conduit with dedicated inner duct. COVAD will not be permitted
to reserve space in the XXXX ATLANTIC office premises conduit.
If new conduit is required, XXXX ATLANTIC will negotiate with
COVAD to
90
determine a further agreement to deal with the specific
location.
2.2.38 COVAD is responsible for installing and maintaining a splice
where its feeder cable meets its fire retardant inside riser
cable within the XXXX ATLANTIC office premises cable vault or
designated splicing chamber; the splice in the office premises
cable vault shall be a mechanical splice, to avoid safety
hazards; no fusion splicing will be permitted. XXXX ATLANTIC
will provide space and racking for the placement of an
approved secured fire retardant splice enclosure. COVAD shall
tag all entrance facilities to indicate ownership.
To avoid unnecessary reinforcements or arrangements, COVAD
agrees to size the facilities to meet three (3) year
forecasted demand, where feasible. COVAD will be accompanied
by qualified XXXX ATLANTIC representatives in all manhole and
cable vault locations on a time and materials basis, as such
hourly charges are specified in applicable tariffs, including
but not limited to P.S.C. No. 900 and the Collocation
Schedule(s). COVAD will have access to all manhole and cable
vault locations as required for installation and emergency
maintenance repairs.
2.2.39 COVAD is responsible for placing its fire retardant riser
cable from the XXXX ATLANTIC office premises vault to the
collocated space. COVAD is responsible for providing fire
retardant riser cables which shall comply with XXXX ATLANTIC
practices and safety requirements for office premises cabling
(TRNWT000409 and National Electrical Code) in effect at the
time of installation and as they may be modified from time to
time, as they relate to fire, safety, health and environmental
safeguards, copies of which will be provided (including all
updates), to COVAD at cost. COVAD shall be provided with a
reasonable period of time after receipt of updates of the
foregoing requirements documents, to comply with their
modified terms. Within ten (10) days after XXXX ATLANTIC's
confirmation of collocated space availability, XXXX ATLANTIC
and COVAD will jointly determine the length of fire retardant
cable needed to reach from the splice in the cable vault to
COVAD's collocated space. Special arrangements will be agreed
upon to meet unusual conditions such as midspan splicing
requirements. XXXX ATLANTIC will allocate common riser ducts
and common racking where possible. Added or special racking
rearrangements
91
requested by COVAD will result in time and materials charges
as such hourly charges are specified in applicable tariffs,
including but not limited to P.S.C. No. 900 Tariff, and
Collocation Schedule(s). COVAD is responsible for all
maintenance of its communication cables. Where diverse cable
vaults permit diverse entrances into the XXXX ATLANTIC office
premises by COVAD's cable, diverse, separated physically by a
minimum of six (6) feet, and where space in such diverse
entrances may be available, cable riser ducts and/or cable
racking shall be provided by XXXX ATLANTIC.
2.2.40 Upon COVAD's request and where technically feasible and where
space permits, XXXX ATLANTIC shall provide two (2) points of
entry to the Collocation Premises.
2.2.41 XXXX ATLANTIC is also responsible for providing collocated
space in accordance with the terms in subsection 2.4 below.
COVAD will be responsible for accepting delivery, installation
and maintenance of its equipment within the collocated space.
2.2.42 COVAD may not construct substantial improvements or make
material alterations or repairs to the collocated space
without the prior written approval of XXXX ATLANTIC, which
approval XXXX ATLANTIC will not unreasonably withhold or
delay. Nothing herein, however, shall prevent COVAD from
making minor improvements and/or non-material alterations or
repairs to the collocated space without notice to and approval
from XXXX ATLANTIC.
2.2.43 XXXX ATLANTIC will designate point(s) of termination on cross
connect frames or similar devices as the point(s) of physical
demarcation between COVAD's facilities and XXXX ATLANTIC's
facilities.
2.2.44 The cross connect frames where the point of termination(s) is
located will be provided at or near the collocated space.
COVAD will provide and be responsible for installing and
maintaining the connection cabling and associated cross
connections between the collocated space and the point of
termination. XXXX ATLANTIC will provide and be responsible for
installing and maintaining all facilities on the XXXX ATLANTIC
side of the point of termination. COVAD will pay a Maintenance
of Service Charge, as specified in XXXX ATLANTIC's applicable
tariffs, including but not limited to
92
P.S.C. No. 900 Tariff, whenever XXXX ATLANTIC personnel are
required to identify a trouble as being on COVAD's side of the
point of termination, e.g., in the connection cabling or
associated cross connections.
2.2.45 If at any time XXXX ATLANTIC determines that either COVAD's
equipment or its installation does not substantially meet the
requirements outlined in this Agreement, COVAD will be
responsible for the costs associated with the removal of
equipment or modification of the equipment or installation to
render it compliant. If COVAD fails to correct any
noncompliance with these standards within sixty (60) days'
written notice to COVAD, XXXX ATLANTIC may have the equipment
removed or the condition corrected at COVAD's expense. If,
during the installation phase, XXXX ATLANTIC reasonably
determines any COVAD activities or equipment are unsafe or in
violation of any applicable environmental or other laws or
regulations specified in this Agreement, XXXX ATLANTIC has the
right to immediately stop the work or place it on hold.
However, when such conditions pose an immediate threat to the
safety of XXXX ATLANTIC's employees, interfere with the
performance of XXXX ATLANTIC's service obligations, or pose an
immediate threat to the physical integrity of the conduit
system or the cable facilities of XXXX ATLANTIC, XXXX ATLANTIC
may perform such work and/or take such reasonable action that
XXXX ATLANTIC deems necessary without prior notice to COVAD.
The cost of said work and/or actions shall be borne by COVAD.
2.3 Technical References XXXX ATLANTIC and COVAD shall comply with the
following standards:
2.3.1 Institute of Electrical and Electronics Engineers (IEEE)
Standard 383, IEEE Standard for Type Test of Class 1 E
Electric Cables, Field Splices, and Connections for Nuclear
Power Generating Stations.
2.3.2 National Electrical Code (NEC) use latest issue.
2.3.3 TANPL000286, NEBS Generic Engineering Requirements for System
Assembly and Cable Distribution, Issue 2, (Bellcore, January
1989).
2.3.4 TREOP000063 Network Equipment-Building System (NEBS) Generic
93
Equipment Requirements, Issue 3, March 1988.
2.3.5 TREOP000151, Generic Requirements for 24, 48, 130, and 140
Volt Central Office Power Plant Rectifiers, Issue 1,
(Bellcore, May 1985).
2.3.6 TREOP000232, Generic Requirements for Lead-Acid Storage
Batteries, Issue 1 (Bellcore, June 1985).
2.3.7 TRNWT000154, Generic Requirements for 24, 48, 130, and 140
Volt Central Office Power Plant Control and Distribution
Equipment, Issue 2, (Bellcore, January 1992).
2.3.8 TRNWT000295, Isolated Ground Planes: Definition and
Application to Telephone Central Offices, Issue 2, (Bellcore,
July 1992).
2.3.9 TRNWT000840, Supplier Support Generic Requirements (SSGR), (A
Module of LSSGR, FRNWT000064), Issue 1, (Bellcore, December
1991).
2.3.10 TRNWT001275 Central Office Environment Installations/Removal
Generic Requirements, Issue 1, January 1993.
2.3.11 Underwriters' Laboratories Standard, UL 94.
2.4 Other Requirements
2.4.1 Intentionally Omitted
2.4.2 During the Term, as the same may be extended, COVAD may occupy
the collocated space set forth in the Collocation Schedule(s).
Occupancy for all space will be granted upon completion of the
design and construction work including "cut down" of XXXX
ATLANTIC cabling at the point of termination based on the
requested interconnections identified by COVAD in its request
for collocation. In the event that XXXX ATLANTIC is delayed in
providing occupancy to COVAD for any reason other than the
acts or omissions of COVAD which proximately give rise to the
delay, COVAD shall not be obliged to pay the occupancy/power
fees for such collocated space under this Agreement until the
date XXXX ATLANTIC provides occupancy/power to COVAD.
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2.4.3 XXXX ATLANTIC shall have the right to terminate a Collocation
Schedule at any time with respect to collocated space area of
the XXXX ATLANTIC office premises which becomes the subject of
a taking by eminent authority having such power. XXXX ATLANTIC
shall notify COVAD of such termination immediately after it
receives notice of the taking, and shall also identify the
schedule by which COVAD shall proceed to have COVAD's
equipment or property removed from the collocated space and
associated cable and conduit spaces. COVAD shall have no claim
against XXXX ATLANTIC for any relocation expenses, any part of
any award that may be made for such taking or value of any
unexpired initial Collocation Schedule term or renewal periods
that results from a termination by XXXX ATLANTIC under this
provision, or any loss of business from full or partial
interruption or interference due to any such termination.
Nothing herein shall be construed as preventing COVAD from
making its own claim against the eminent authority ordering
the taking of the collocated space area of the XXXX ATLANTIC
office premises for COVAD's relocation expenses.
2.4.4 COVAD may, without cause and for its convenience, terminate a
Collocation Schedule as to any collocated space or portion
thereof (in 100 sq. ft. decrements), cable and conduit space
and D.C. power described in Appendix A by giving sixty (60)
days' prior written notice to XXXX ATLANTIC. However, any
remaining collocated space licensed under this Agreement may
not be less than 100 square feet. COVAD is responsible for the
costs of any such partial termination (e.g., reconstructing
the collocated space).
2.4.5 COVAD shall have the option to renew its license to occupy any
of its collocated space and associated cable and conduit space
for the period(s) of time and on the terms and conditions to
be mutually agreed upon by COVAD and XXXX ATLANTIC (the
"Renewal Period"). The Renewal Period will become the new term
of the Collocation Schedule at the time of execution of an
amendment thereto extending the period of occupancy. COVAD has
the option to further renew at the end of each Renewal Period
unless found to be in material breach of the terms and
conditions of the Collocation Schedule and this Agreement. If
agreement on renewal is not reached prior to the termination
date, and the collocated space is needed for other
interconnectors or XXXX ATLANTIC, XXXX ATLANTIC will so inform
95
COVAD of that need and will provide COVAD with up to a three
(3) months grace period in which to renew its license. The
rates and fees applicable for that three (3) month period will
be those set forth in this Agreement or, if there shall be an
applicable tariff rate, in the applicable tariff rates,
including but not limited to P.S.C. No. 900 Tariff. If COVAD
fails to renew before the expiration of the Collocation
Schedule period of occupancy and if the collocated space is
not needed by XXXX ATLANTIC or other interconnectors, XXXX
ATLANTIC will permit COVAD to continue to occupy the
collocated space on a month-to-month basis for a maximum of
twelve (12) months in order to negotiate renewal terms and
conditions. The rates applicable to this month-to-month
license occupancy by COVAD shall be those set forth in this
Agreement or, if there shall be an applicable tariff rate, in
the applicable tariff rates, including but not limited to
P.S.C. No. 900 Tariff rates. COVAD's option to renew its
license to occupy the collocated space shall be contingent on
the election by XXXX ATLANTIC to continue to own or lease the
premises in which the collocated space is located for the
duration of the Renewal Period(s), with such election to be
exercised at the sole discretion of XXXX ATLANTIC. In no event
may any period of occupancy (including any by COVAD Renewal
Period) of any collocated space and associated cable and
conduit space extend beyond the Term (as the Term may be
extended by the Parties).
2.4.6 Intentionally Omitted
2.4.7 COVAD shall provide XXXX ATLANTIC, together with a completed
Application for Collocation as described in subsection 2.2.20
above, the applicable tariff application fee for each
collocated space requested. This amount will be used to cover
the cost of the preconstruction survey and other associated
XXXX ATLANTIC activities.
2.4.8 XXXX ATLANTIC will process applications for collocated space
occupancy on a first-come, first-served basis as determined
through the receipt of the application fee in accordance with
the provisions of subsection 2.4.7 above.
2.4.9 After receipt of COVAD's Application for Collocation and
appropriate
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application fee(s) and upon request by COVAD, XXXX ATLANTIC
will promptly make available to COVAD, at cost, any XXXX
ATLANTIC-specific technical specifications and XXXX ATLANTIC
office premises security rules and regulations documentation
which may be listed in this Part III. Updates to this
documentation will be furnished to COVAD when they become
available. XXXX ATLANTIC and COVAD agree to work cooperatively
to develop an equipment layout (based on equipment dimension
data furnished by COVAD) that complies with the specifications
described in subsection 2.2.21.3 herein to be placed within
collocated space, in order to minimize space requirements in a
safe and economical manner. XXXX ATLANTIC also agrees that,
within a reasonable period of time after XXXX ATLANTIC's
acceptance of COVAD's collocation request, XXXX ATLANTIC and
COVAD will conduct a walk-through of the planned COVAD cable
path. XXXX ATLANTIC shall provide COVAD with sufficient
information and access to the cable path so that COVAD may
itself determine the length of cable required.
2.4.10 XXXX ATLANTIC will conduct a preconstruction survey for each
COVAD request for collocated space to determine the
availability of such spaces to accommodate COVAD's facilities.
2.4.11 If COVAD shall at any point during cage construction withdraw
its request for collocated space or shall terminate this
Agreement, it shall be liable to XXXX ATLANTIC for any and all
construction costs incurred as of the date of such withdrawal
or termination.
2.4.12 Intentionally Omitted
2.4.13 In the event XXXX ATLANTIC determines that XXXX ATLANTIC's or
any other entity's cable facilities in conduit cable spaces or
XXXX ATLANTIC's office premises equipment need rearrangement
to accommodate the facilities of COVAD identified in its
Application for Collocation, XXXX ATLANTIC will advise COVAD
of such proposed rearrangement, the estimated costs therefor
and, upon COVAD's agreement, include said reasonable costs in
the design and construction work charges. Best efforts will be
made to minimize the cost of such rearrangements.
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COVAD agrees to meet with XXXX ATLANTIC on an as-needed basis
to review the design and construction work plans and schedules
for the collocated space, and installation of COVAD's
equipment within its collocated space.
2.4.14 Unless otherwise agreed to by the Parties in writing, the
COVAD collocated space floor plan layout agreed to by COVAD
and XXXX ATLANTIC shall not be changed substantially after a
no-change freeze date which shall be mutually agreed to by the
Parties.
2.4.15 Prior to beginning installation work or occupancy, the Parties
shall sign the Design and Construction Work Completion Notice
(Appendix E) indicating acceptance of design and construction
work. XXXX ATLANTIC will render a final xxxx to reconcile the
design and construction work estimate with actual costs when
those changes are known. Payment of the undisputed charges is
due within forty-five (45) days of receipt of the xxxx.
2.4.16 Before beginning any delivery, installation, replacement or
removal work for equipment and/or facilities located within
COVAD's collocated space, COVAD shall obtain XXXX ATLANTIC's
written approval of COVAD's proposed scheduling of the work in
order to coordinate use of temporary areas and other building
facilities. XXXX ATLANTIC may request additional information
before granting approval, and may require reasonable
scheduling changes. Such approval will not be unreasonably
withheld or delayed.
2.4.17 If XXXX ATLANTIC requires that there be any acceptance testing
of COVAD's equipment installed in the collocated space, then
any and all applicable testing procedures shall be mutually
agreed to by the Parties and set forth in the applicable
Collocation Schedule.
2.4.18 COVAD shall have the right to use a portion of the XXXX
ATLANTIC office premises and loading areas on a temporary
basis during COVAD's equipment installation work in the
collocated space. COVAD is responsible for protecting XXXX
ATLANTIC's equipment and office premises flooring within the
staging area and along the staging route. COVAD will store
equipment and materials within collocated space when work is
not in progress (e.g., overnight). No
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storing of equipment and materials overnight will be permitted
in the staging area(s). The temporary staging area will be
vacated by COVAD and delivered to XXXX ATLANTIC in broom clean
condition upon completion of COVAD's installation work,
ordinary wear and tear excepted.
2.4.19 If XXXX ATLANTIC sells or leases the Collocation Premises with
collocated space or any portion thereof to a third party, XXXX
ATLANTIC shall require that third party to comply fully with
the terms and conditions of this Agreement as it relates to
the provision of collocation for a minimum period of one (1)
year.
2.4.20 Within thirty (30) days of the receipt of the invoice
therefor, COVAD shall pay all reasonable charges incurred by
XXXX ATLANTIC for collocation, which charges shall be based on
the applicable rates set forth in P.S.C. No. 900 Tariff.
Compensation to XXXX ATLANTIC for collocation charges shall
also include (i) any special charges required as a result of
the type of equipment COVAD wishes to collocate (including any
equipment referred to in Section 2.2.4) provided that COVAD is
advised of these charges prior to their incurrence, and (ii)
any equipment required by XXXX ATLANTIC to be installed in
order to prevent safety and quality problems (provided such
preventative measures are not applied in an unreasonable and
discriminatory fashion). Failure to make such payment after
notice and opportunity to cure within fifteen (15) days after
receipt of said notice, constitutes a material breach of this
Agreement.
2.4.21 Fees are exclusive of any applicable telecommunications,
utility or similar taxes. Those taxes will be applied, where
applicable. COVAD agrees to pay or reimburse XXXX ATLANTIC for
any applicable taxes that are levied based on the transactions
hereunder. XXXX ATLANTIC agrees to provide COVAD with
reasonable documentation to support billed amounts for taxes
within sixty (60) calendar days after receipt of COVAD's
written request.
2.4.22 The fees set forth in Appendix A are fixed for the term of the
Collocation Schedule. Fees for any Renewal Period shall be
negotiated and mutually agreed to by the Parties.
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2.4.23 The fees for design and construction work shall be paid by
COVAD in accordance with the following milestones:
Payment Milestone/Event
------- ---------------
FIRST INSTALLMENT First Installment will be paid at
(50% of total estimate) the time COVAD accepts XXXX
ATLANTIC's proposal pursuant to
Section 2.2.20.1 of this Part III.
FINAL XXXX Final Xxxx will be rendered based
(Reconciliation of upon actual costs and charges and
Fees) is payable within forty-five (45)
days of receipt of the xxxx, but no
sooner than XXXX ATLANTIC's
completion of design and
construction work.
This payment schedule may be adjusted pursuant to section 17A
of the General Terms and Conditions of this Agreement.
2.4.24 COVAD shall reimburse XXXX ATLANTIC for all repair or
restoration costs to XXXX ATLANTIC's tangible office premises
associated with damage or destruction proximately caused by
COVAD's personnel, COVAD's agents, or COVAD's
suppliers/contractors or COVAD's visitors (other than XXXX
ATLANTIC).
2.4.25 COVAD shall, at its sole cost and expense procure, maintain,
pay for and keep in force insurance as specified in
subsections 2.4.25.1 through 2.4.25.5 below, and underwritten
by insurance companies licensed to do business in the State of
New York having a BEST Insurance rating of at least AA-12.
XXXX ATLANTIC shall be named as an additional insured on
COVAD's insurance certificate. XXXX ATLANTIC shall also be
named as a loss payee (as its interests may appear) on all
applicable insurance policies required hereunder. COVAD's
agreement to provide the certificate of insurance shall
neither modify nor expand the liability limitations in this
Agreement, nor shall such agreement to insure be construed as
a pre-indemnification
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for any XXXX ATLANTIC claim or demand.
2.4.25.1 Comprehensive general liability coverage on an
occurrence basis in an amount of $2 million
combined single limit for bodily injury and
property damage, with a policy aggregate of $2
million. Said coverage shall include the
contractual, independent contractors
products/completed operations, broad form property
and personal injury endorsements;
2.4.25.2 Umbrella/Excess Liability coverage in an amount of
$5 million excess of coverage specified in
subsection 2.4.25.1 above;
2.4.25.3 All Risk Property coverage on a full replacement
cost basis insuring all of COVAD's real and
personal property situated on or within XXXX
ATLANTIC location(s);
2.4.25.4 Statutory Workers Compensation coverage; and
2.4.25.5 Employers Liability coverage in an amount of $2
million.
2.4.26 All insurance shall be in effect on or before the occupancy
date and shall remain in force as long as COVAD's facilities
remain within any collocated space governed by this Agreement.
If COVAD fails to maintain the coverage required by this
Agreement, XXXX ATLANTIC may pay the premiums thereon and
shall be reimbursed by COVAD for said premiums which have been
paid. Any increase in insurance limits requested by XXXX
ATLANTIC during a Renewal Period shall be subject to
negotiations by the Parties.
2.4.27 COVAD shall submit its evidence of insurance prior to the
commencement of the work called for in the Agreement. COVAD
shall arrange for XXXX ATLANTIC to receive thirty (30) days
advance notice of cancellation from COVAD's insurance company.
Notice of any cancellation should be forwarded to New York
Telephone, 1095 Avenue of the Americas, Xxxx 0000, Xxx Xxxx,
Xxx Xxxx 00000, Attention: Risk Management.
2.4.28 COVAD shall also conform to the recommendation(s) made by XXXX
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ATLANTIC's fire insurance company which XXXX ATLANTIC has
already agreed to or to such recommendations it shall
hereafter agree to. Any such recommendations shall be
immediately furnished to COVAD in writing, with any and all
written updates promptly provided by XXXX ATLANTIC to COVAD
from time to time. COVAD shall be given a reasonable amount of
time to comply with the foregoing recommendations.
2.4.29 Failure to comply with the provisions of subsections 2.4.25
through 2.4.28 above after written notice by XXXX ATLANTIC to
COVAD and an opportunity to cure said default within thirty
(30) days after receipt of said notice, will be deemed a
material breach of this Agreement.
2.4.30 Any mechanic's lien filed against the XXXX ATLANTIC office
premises or the real property of which such office premises
are a part for work claimed to have been done for, or
materials claimed to have been furnished to COVAD, shall be
discharged of record by COVAD within thirty (30) days
thereafter, at COVAD's expense, by payment, deposit, bond or
court order.
2.4.31 XXXX ATLANTIC may require COVAD to post a form of reasonable
performance bond or security deposit if XXXX ATLANTIC
determines, in its reasonable and sole judgment, that there is
a credit risk associated with COVAD's ability to pay design
and construction work/occupancy and power fees hereunder. If
COVAD shall fail to pay any sum demanded by XXXX ATLANTIC as
due under the provisions of this Part III, XXXX ATLANTIC shall
have the right, without prior notice to COVAD forthwith, to
apply any or all amounts on deposit with it for collocation to
payment of the sum due, whether or not XXXX ATLANTIC exercises
or has exercised any option it may have to terminate the
applicable collocation arrangement. If any such amounts are
applied to payment of sums due to XXXX ATLANTIC under this
Part III, COVAD shall restore to its deposit the amounts so
applied within thirty (30) days after notice to COVAD of such
application.
2.4.32 The initial license granted to COVAD for collocated space is
subject to a minimum requirement of 100 square feet and a
maximum of 400 square feet per collocation cage. Additional
space will be provided on an as-needed basis where feasible if
COVAD's existing space is being
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"efficiently used" as defined in subsections 2.4.34 and 2.4.35
below. COVAD can request additional space in increments of 100
square feet, unless otherwise agreed to by XXXX ATLANTIC, by
completing a new Application for Collocation following the
procedures described above.
2.4.33 In connection with an existing collocated space license for a
minimum of 100 square feet, COVAD has the option to reserve
either 100 square feet, 200 square feet, or 300 square feet of
space in the same XXXX ATLANTIC office premises which will be
partitioned at some future date ("Reserved Space") for a
maximum total of 400 square feet per collocation cage. XXXX
ATLANTIC will make best efforts to assign the Reserved Space
so that it is contiguous with the collocated space.
Reservation of space pertains only to floor space. COVAD may
not reserve cable or conduit spaces. XXXX ATLANTIC will
reserve the space until such time as XXXX ATLANTIC requires
the Reserved Space.
2.4.34 For purposes of this Agreement, "efficiently used" shall mean
that substantially all of the floor space (no more than 50%
used for storage cabinets and work surfaces in accordance with
subsection 2.2.32 above) is taken up by COVAD's equipment,
placed no greater than 20% above the minimum distances
permitted by NEBS.
2.4.35 If collocated space is needed to accommodate other
interconnectors or XXXX ATLANTIC's service to its end-user
Customers, XXXX ATLANTIC will take back from COVAD collocated
space that is not being "efficiently used" (except for 100
square feet of such space), upon ninety (90) days advance
written notice to COVAD and any opportunity for COVAD, during
this notice period to place equipment in the collocated space
so that it is "efficiently used" and not subject to being
taken back by XXXX ATLANTIC. However, COVAD shall have placed
some equipment within that 100 square feet that it
interconnected to XXXX ATLANTIC's network.
2.4.36 COVAD will supply XXXX ATLANTIC with a list of its employees
or approved vendors who require access. The list will include
social security numbers of all such individuals. All
individuals shall be U.S. citizens.
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2.4.37 XXXX ATLANTIC will issue non-employee photo identification for
each COVAD employee/vendor listed in accordance with
subsection 2.4.36 above. These cards will have a uniquely
colored background. XXXX ATLANTIC will issue access cards to
each listed employee/vendor where access card systems are
available. This card will permit access to the location of
COVAD's collocated space. COVAD is responsible for returning
cards of its terminated employees/vendors. All cards shall be
returned upon termination of the applicable Collocation
Schedule.
2.4.38 Where card access is not available, a XXXX ATLANTIC escort may
be required.
2.4.39 COVAD employee/vendor(s) shall display identification cards at
all times.
2.4.40 XXXX ATLANTIC will provide, on a time and materials basis,
card access to COVAD's collocated space where requested by
COVAD and where access systems are available. Such time and
materials charges are set forth in Appendix A.
2.4.41 Where COVAD provides the security device for its collocated
space, COVAD will provide access for XXXX ATLANTIC in the
event of an emergency and to perform its required housekeeping
and equipment inspection activities. Any housekeeping and
equipment inspection activities shall be conducted in the
presence of COVAD's representatives.
2.4.42 During the installation phase, or for subsequent maintenance,
COVAD or its approved vendor will have access to its
collocated space and any room or area required by them to
necessitate the installation. COVAD may be escorted in areas
outside its collocated space by qualified XXXX ATLANTIC
employees for these occasions.
2.4.43 In the event of work stoppages, separate entrances will be
established for COVAD, where possible. This will assure that
one Party's work stoppage does not impinge upon the other
Party's normal work
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operations. Failure to provide such separate entrances shall
not render XXXX ATLANTIC liable to COVAD for any claim for
damages.
2.4.44 Upon termination of COVAD's license for its collocated space
or any 100 sq. ft. portion thereof, COVAD shall remove its
equipment from that space within sixty (60) days. Upon removal
by COVAD of all its equipment from the collocated space or
portion thereof, COVAD shall restore that collocated space to
a broom clean condition, normal wear and tear and removal of
the cage excepted. Due to physical and technical constraints,
removal of cable is at XXXX ATLANTIC's option.
2.4.45 Should COVAD wish to move equipment from one collocated space
to another, COVAD will be responsible for removing and
transporting its equipment to the new site and installing it.
2.4.46 Should XXXX ATLANTIC need to install additional facilities in
any conduit system in which COVAD occupies conduit space for
the purpose of meeting its own service requirements or for
providing for other interconnectors, XXXX ATLANTIC will, after
notifying COVAD of the additional occupancy, use its best
efforts to avoid rearrangement of COVAD's facilities, however,
if such rearrangement cannot be so avoided, XXXX ATLANTIC
shall rearrange COVAD's facilities in the conduit system as
reasonably determined by XXXX ATLANTIC so that the additional
facilities of XXXX ATLANTIC, or other interconnectors, may
also be accommodated.
2.4.47 In an emergency, XXXX ATLANTIC will use reasonable efforts to
notify COVAD, but nevertheless may rearrange COVAD's
facilities occupying a conduit, manhole, cable vault, riser
system or cable support structure without prior notification.
Such rearrangement will be at COVAD's expense to the extent
that such emergency is caused by any act or omission on the
part of COVAD, its employees, agents, or vendors. Otherwise
XXXX ATLANTIC, not COVAD, will be liable for the rearrangement
expense.
2.4.48 Where COVAD intends to modify, move, replace or add to
equipment or facilities within or about the collocated space
after the first installation is complete and requires special
consideration (e.g., use of freight elevators, loading dock,
staging area, etc.), COVAD shall
105
request and receive written consent from XXXX ATLANTIC. Such
consent will not be unreasonably withheld or delayed.
2.4.49 COVAD will provide emergency access to its collocated space at
all times to allow XXXX ATLANTIC to react to emergencies, to
maintain the space (where applicable) and to ensure compliance
with OSHA/XXXX ATLANTIC regulations and standards related to
fire, safety, health, and environmental safeguards.
2.4.50 If the collocated space, cable space, or conduit space or any
part thereof shall be damaged by fire or other casualty, COVAD
shall give prompt notice thereof to XXXX ATLANTIC and the
applicable Collocation Schedule shall continue in full force
and effect except as hereinafter set forth.
2.4.51 If the collocated space, cable space or conduit space is
partially damaged or rendered partially unusable by fire or
other casualty not caused by COVAD, the damages thereto shall
be repaired by and at the expense of XXXX ATLANTIC. The
occupancy/power fees, until such repair shall be substantially
completed, shall be apportioned from the day following the
casualty according to the part of the collocated space, cable
space or conduit space which is usable.
2.4.52 If the collocated space, cable space or conduit space is
totally damaged or rendered substantially unusable by fire or
other casualty not caused by COVAD, then the occupancy/power
fees shall be proportionately paid up to the time of the
casualty and thenceforth shall cease until the date when the
collocated space, cable space or conduit space shall have been
repaired and restored by XXXX ATLANTIC, subject to XXXX
ATLANTIC's right to elect not to restore the same as
hereinafter provided.
2.4.53 If the collocated space, cable space, or conduit space is
rendered wholly unusable through no fault of COVAD, or
(whether or not the demised premises are damaged in whole or
in part) if the building shall be so damaged that XXXX
ATLANTIC shall decide to demolish it or to rebuild it, then,
in any of such events, either Party may elect to terminate the
applicable Collocation Schedule by written notice to the other
given within ninety (90) days after such fire or casualty
specifying
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a date for the expiration of the said Collocation Schedule,
which date shall not be more than sixty (60) days after the
giving of such notice, and upon the date specified in such
notice the period of occupancy/Renewal Period of the
Collocation Schedule shall expire as fully and completely as
if such date were the date set forth above for the termination
of said Collocation Schedule and COVAD shall quit, surrender
and vacate the premises without prejudice however to each
Party's rights and remedies against the other under the
Agreement provisions in effect prior to such termination, and
any occupancy/power fees owing shall be paid up to such date
and any payments of license fees made by COVAD which were on
account of any period subsequent to such date shall be
returned to COVAD. Unless either party shall serve a
termination notice as provided for herein, XXXX ATLANTIC shall
make the repairs and restorations under the conditions of
subsections 2.4.51 and 2.4.52 hereof, with all reasonable
expedition subject to delays due to adjustment of insurance
claims, labor troubles and causes beyond XXXX ATLANTIC's
reasonable control. After any such casualty, COVAD shall
cooperate with XXXX ATLANTIC's restoration by removing from
the collocated space as promptly as reasonably possible, all
of COVAD's salvageable inventory and movable equipment,
furniture and other property. COVAD's liability for
occupancy/power fees shall resume upon occupancy by COVAD or
thirty (30) days after written notice from XXXX ATLANTIC that
the collocation space is restored.
2.4.54 COVAD's employees and vendors with access to XXXX ATLANTIC's
servicing wire center(s) shall at all times adhere to the
rules of conduct established by XXXX ATLANTIC for the
servicing wire center(s) and XXXX ATLANTIC's personnel and
vendors, copies of which shall be provided to COVAD within a
reasonable period of time following receipt of COVAD's request
therefor.
XXXX ATLANTIC reserves the right to make changes to such
procedures and rules to preserve the integrity and operation
of XXXX ATLANTIC's network and facilities or to comply with
Applicable Laws. XXXX ATLANTIC shall provide COVAD with thirty
(30) days' prior written notice of changes to the procedures
and rules to preserve the integrity and operation of the XXXX
ATLANTIC network and facilities. In addition, since laws and
regulations are beyond the control of XXXX ATLANTIC, XXXX
ATLANTIC will provide COVAD with written notice to
107
comply with Applicable Laws at the same time it notifies its
own personnel and vendors.
In the event of a XXXX ATLANTIC work stoppage, COVAD's
employees, authorized agents and contractors will comply with
the emergency operating procedures established by XXXX
ATLANTIC.
2.4.55 Nothing contained herein shall relieve either Party from
liability that may exist as a result of damage from fire or
other casualty caused by that Party's negligence or willful
misconduct.
2.4.56 Both Parties agree and warrant that, in the performance of
this Agreement, neither will discriminate or permit
discrimination in employment against any person or group of
persons on the grounds of sex, race, age, religion, national
origin or handicap in any manner prohibited by the laws of the
United States or any state or local government having
jurisdiction.
2.4.57 To the extent XXXX ATLANTIC is not prohibited under Applicable
Laws, XXXX ATLANTIC shall permit COVAD to subcontract the
construction of physical collocation arrangements with
contractors approved by XXXX ATLANTIC. To the extent any such
subcontracting is permitted hereunder, XXXX ATLANTIC shall
approve any contractors requested by COVAD based on the same
criteria it uses in approving contractors for its own purposes
and shall not unreasonably withhold or delay approval of such
contractors.
2.5 Virtual Collocation
2.5.1 Service Description
Virtual Collocation provides for the interconnection of XXXX
ATLANTIC-provided facilities, services and unbundled Network
Elements to the network of COVAD, wherein XXXX ATLANTIC exercises
exclusive physical control over the central office-based
equipment/facilities that terminate COVAD's circuits. XXXX ATLANTIC
dedicates this equipment to the exclusive use of COVAD and provides
all the required installation, maintenance, and repair services
necessary to assure proper operation of virtually collocated
facilities
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and equipment. Such work will be performed by XXXX ATLANTIC under
the direction of COVAD at rates and charges determined on an
Individual Case Basis, as specified in Section 2.5.8 below.
Virtual Collocation provides for the interconnection of XXXX
ATLANTIC-provided facilities, unbundled Network Elements and
services to COVAD-provided fiber optic facilities without the
physical placement of the COVAD's equipment in a physical
collocation arrangement known as a multiplexing node. Virtual
Collocation will be provided by means of splicing COVAD's fiber
optic cable to a XXXX ATLANTIC fiber at a splice area in the central
office designated by XXXX ATLANTIC.
2.5.2 Virtual Collocation interconnection will be offered via XXXXX
XX0, XX00, and OC48 levels with interconnection to
service/elements at XX0, XXX-0 and DS1 electrical tributaries
interconnected at DSX bays. Also available will be OC3 level
optical connections to the fiber distribution frame (FDF), and
as options or add-ons to the arrangement, dedicated DS3/DS1
and DS1/DS0 multiplexing arrangements. Such arrangements (the
appropriate mix) will be set at the time of original order and
installation.
2.5.3 Requests for connections to XXXX ATLANTIC services and
unbundled Network Elements shall be processed in essentially
the same manner as a physically collocated multiplexing node.
This service is subject to the availability of space and
facilities in each central office where Virtual Collocation is
requested.
2.5.4 XXXX ATLANTIC is responsible to install and maintain but not
test the transmission equipment that will be dedicated to
COVAD's use. COVAD has the responsibility to remotely monitor
and control its circuits terminating in XXXX ATLANTIC's
central office, however, COVAD will not enter XXXX ATLANTIC's
central office under Virtual Collocation arrangements. All
physical servicing of the virtually collocated equipment will
be performed by XXXX ATLANTIC or its agents.
2.5.5 At such time that XXXX ATLANTIC's tariff(s) for Virtual
Collocation
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become effective, the terms and conditions of such tariff(s),
as amended from time to time, shall control and govern the
provision of Virtual Collocation to COVAD, and the provision
of this Agreement governing Virtual Collocation shall be
rendered null and void.
2.5.6 SONET (Synchronous Optical Network) arrangements are provided
at the OC3, OC12 and OC48 bit rates.
2.5.7 Regulations
2.5.7.1 As an interconnector, COVAD provides fiber-optic
facilities through XXXX ATLANTIC entrance manholes
for connection to XXXX ATLANTIC facilities or
unbundled Network Elements located in a central
office, serving wire center, tandem switching
location, remote nodes, as well as all buildings or
similar structures owned or leased by XXXX ATLANTIC
that house XXXX ATLANTIC's network facilities.
2.5.7.2 Virtual Collocation will be offered on a first come,
first served basis. This service is subject to the
availability of space and facilities in each central
office where Virtual Collocation is requested. XXXX
ATLANTIC will require a non-refundable application
fee ($2,500.00) per Virtual Collocation request, per
central office or other XXXX ATLANTIC location where
COVAD wishes to establish Virtual Collocation.
2.5.7.3 COVAD may select transmission equipment from a menu
of existing approved equipment. If COVAD specifies
equipment not normally used by XXXX ATLANTIC, the
Bona Fide Request procedure will be followed by
COVAD. If XXXX ATLANTIC agrees to implement the
Request, special arrangements will be made to order
the requested equipment. All equipment to be
installed in XXXX ATLANTIC central offices must
comply with the Bellcore Network Equipment Building
System (NEBS) Generic Equipment Requirements
(Documented in GR-000063-CORE), Electromagnetic
Compatibility and Electrical
110
Safety Generic Criteria for Network
Telecommunications Equipment (GR-1089-CORE) and XXXX
ATLANTIC CO environmental and transmission standards
in effect at the time of equipment installation. The
equipment must also comply with XXXX ATLANTIC Digital
Environmental Requirements (NIP 74165), as they
relate to fire, safety, health, environmental, and
network safeguards. COVAD must provide XXXX ATLANTIC
documentation demonstrating the above requirements.
2.5.7.4 XXXX ATLANTIC reserves the right to remove facilities
and equipment from its list of approved products if
such products, facilities and equipment are
determined to be no longer compliant with NEBS
standards or Electromagnetic Compatibility and
Electrical Safety Generic Criteria for Network
Telecommunication Equipment (GR-1089-CORE).
2.5.7.5 All COVAD entrance facilities and splices must comply
with Bellcore Generic Specification for Optical Fiber
and Optical Fiber Cable (TR-TSY-00020), Generic
Requirements for Cable Entrance Splice Closures for
Copper Cable (TR-NWT-001058), Cable Entrance Facility
(CEF) and Building Planning Provisions
(BR-760-200-030) and Blue Book Manual of Construction
Procedures (SR-TAP-001421) and XXXX ATLANTIC Cable
Entrance Facility Distribution Services Engineering
guidelines as they relate to fire, safety, health,
environmental safeguards and interference with XXXX
ATLANTIC services and facilities.
2.5.7.6 XXXX ATLANTIC will install, maintain, and repair
COVAD-designated equipment under the same intervals
and with the same failure rates for the performance
of similar functions for comparable XXXX ATLANTIC
equipment. Costs for training XXXX ATLANTIC
technicians will be charged to COVAD if COVAD
specifies equipment that XXXX ATLANTIC does not use
in its network.
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2.5.7.7 XXXX ATLANTIC shall designate a XXXX ATLANTIC manhole
used to enter a XXXX ATLANTIC building (known as
manhole zero) to which COVAD will run fiber optic
cable. COVAD will provide the transmission equipment
at its site outside the central office and the
associated transport fiber into manhole zero with
enough length to reach XXXX ATLANTIC designated
splice area. COVAD will be responsible to pull the
fiber into and through the vault to the splice point
and mount the appropriate splice enclosure or shelf
which is provided by COVAD as specified by XXXX
ATLANTIC. This point of splice, which allows outside
fiber to plenum type fiber connections, will become
the physical point of interconnection to the Virtual
Collocation arrangement.
2.5.7.8 Cabling from the physical interface point back toward
COVAD becomes COVAD's responsibility for all
servicing and COVAD maintains full ownership.
2.5.7.9 XXXX ATLANTIC reserves all rights to terminate,
modify or reconfigure the provision of service to
COVAD if, in the discretion of XXXX ATLANTIC,
provision of service to COVAD may in any way
interfere with or adversely affect XXXX ATLANTIC's
network or its ability to service its other
Interconnectors. This shall include, but not be
limited to, splicing the COVAD-owned portion of the
cable to another XXXX ATLANTIC fiber optic cable.
2.5.7.10 In the event of a transmission failure, the
obligation to determine fault location, regardless of
whether the fiber span is equipped with optical
regeneration equipment, lies with the Party
controlling the transmitting end. It is the
responsibility of the Party controlling the receiving
end to report incoming signal loss to the Party
controlling the transmitting end.
2.5.7.11 A clear distinction must be made between troubles
reported on XXXX ATLANTIC services/unbundled Network
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Elements connected to the virtually collocated
equipment and reports of troubles with the collocated
equipment itself. The former can be handled using
standard XXXX ATLANTIC technicians and processes. The
latter will require specially trained technicians
familiar with the collocated equipment. The latter
will be billed on a time and materials basis.
2.5.7.12 If COVAD requires a connection to XXXX ATLANTIC
optical services or elements, such services and
elements will be provided an optical path from the
FDF (Fiber Distribution Frame). These
services/elements will be cross-connected at the FDF
using a transmit and receive fiber. This connection
may not be purchased by COVAD without direct
association to an offered service or unbundled
Network Element, within the terms and conditions of
that unbundled Network Element.
2.5.7.13 Virtual Collocation is available via SONET or other
suitable optical facilities with interconnection to
unbundled Network Elements at XX0, XXX-0, DS1
electrical tributaries and OC3. COVAD will provide
the transmission equipment at its site and the
associated transport fiber to the XXXX ATLANTIC
designated splice point in the central office.
2.5.7.14 In the event COVAD has designated transmission
equipment for its dedicated use that is not normally
used by XXXX ATLANTIC, the contractual arrangement
will be made for a period of no less than five years
to be used as the useful life of the equipment in
developing rates. Terminations of the Virtual
Collocation arrangement using this specific
transmission equipment before the end of the five
year period will result in a termination charge equal
to the number of months remaining to reach five years
multiplied by the monthly rate.
2.5.7.15 If COVAD fails to pay the charges COVAD will be
subject to suspension or termination of service for
nonpayment, as
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specified elsewhere in this Agreement. Late payments
shall be subject to a monthly late charge if payment
is not received by the due date. The late charge will
be calculated based on 1.5% per month of the unpaid
amount.
2.5.7.16 Installation interval for Virtual Collocation will be
determined on an Individual Case Basis since Virtual
Collocation is dependent on the type of equipment and
particular arrangement that COVAD requests.
2.5.8 Rates and Charges
Rates and Charges are determined on an Individual Case Basis
(ICB) after receipt of an application fee as specified in Part
IV. The application fee will be applied to the non-recurring
fees for the arrangement if COVAD accepts and proceeds with
the arrangement.
3. Rights of Way
XXXX ATLANTIC shall provide to COVAD access to its rights of way ("ROW"),
conduits, ducts and pole attachments on the terms and conditions
including, without limitation, prices, consistent with the terms and
conditions in its current license agreements ("License Agreements"). XXXX
ATLANTIC agrees to abide by the Commission's decision in Case No.
95-C-0341 with respect to access by COVAD to XXXX ATLANTIC's ROW,
conduits, ducts and pole attachments and shall, to the extent required by
the Commission in that decision, amend such License Agreements and
applicable tariffs.
4. Dark Fiber
XXXX ATLANTIC shall not be required to provide or lease dark fiber (i.e.,
fiber optic transmission facilities that are deployed but are not equipped
at either end with electronics and are not in use).
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Exhibit A to Part III
1. Physical Collocation Turnover Failure
Pursuant to Part III Section 2 for Collocation, COVAD shall order physical
collocation space and XXXX ATLANTIC shall provide such space. Subject to
the limitations set forth in subsection (3) below, if XXXX ATLANTIC fails
to turnover a physical collocation space in accordance with the
installation intervals specified in Part III Section 2 ("Turnover
Failure") and such Turnover Failure continues beyond 120 business days
from the Start Date, XXXX ATLANTIC shall credit COVAD five hundred U.S.
dollars ($500) per business day beginning on the 121st business day from
the Start Date. Such credits shall continue until XXXX ATLANTIC provides
the turnover of the physical collocation space. In the event the total
credit for the Turnover Failure of any particular collocation space
exceeds the cumulative payments that COVAD has paid to XXXX ATLANTIC for
that collocation space, those credits will not be applied until COVAD's
payments for that collocation space exceed the credit for the delayed
turnover of that particular collocation space. Notwithstanding the
foregoing, at no time shall the total credit exceed 30% of the total
nonrecurring charges for the particular physical collocation space.
2. Joint Planning and Forecasts
The Parties agree to work cooperatively to forecast, plan and administer
COVAD's collocation space requirements. Within 60 days of the Effective
Date of this Agreement, COVAD shall submit a one year forecast of its
collocation space demand including a prioritization of such demand by
location, the space required and the general characteristics of the
physical collocation space required (including power requirements,
equipment to be placed in the collocation space and the types and
quantities of terminations). COVAD shall update its forecast quarterly
thereafter. Initially, the Parties shall meet within 90 days of the
Effective Date of this Agreement to review COVAD's forecast and undertake
joint planning for collocation. Thereafter, the Parties shall meet
quarterly to review such forecasts and undertake joint planning.
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3. Limitations
The following limitations shall apply to the credits set forth in
subsection (1):
a) If XXXX ATLANTIC's Turnover Failure is caused, directly or
indirectly, by a Delaying Event, the installation intervals shall be
extended twice as long as the Delaying Event was in effect. A
"Delaying Event" means (i) a failure by COVAD to perform any of its
obligations set forth in this Agreement; (ii) any delay , act or
failure to act by COVAD or its customer, agent, vendor, affiliate,
representative or subcontractor; (iii) any Force Majeure Event; or
(iv) such other delay, act or failure to act upon which the Parties
may agree.
b) If COVAD submits more than one (1) collocation application in any
one day, the Start Date shall be that date for the first collocation
application submitted on that date. The Start Date for each
successive collocation application submitted on that date shall be
the next business day following the Start Date for the immediately
preceding application. By way of example only, if COVAD submits
three applications on January 1, the first Start Date will begin on
January 1, the second on January 2 and the third on January 3.
c) Credits will only apply to the first ten (10) physical collocation
applications submitted in any one month, provided that credits will
not apply to more than five (5) physical collocation applications
submitted in that month for Collocation Premises with insufficient
conditioned collocation space.
d) If at any time COVAD has ten (10) or more collocation spaces which
have not become materially operational ("Non-Operational Cages")
within a period of sixty (60) business days from the date on which
XXXX ATLANTIC completed such collocation spaces, then, for each day
that the number of Non-Operational Cages exceeds nine (9) cages,
COVAD shall waive one day's credit for any Turnover Failure relating
to any collocation application in progress or completed during the
period that the number of Non-Operational Cages exceeded nine (9)
cages. For purposes of this Agreement, "materially operational"
means that COVAD has installed all necessary equipment in the
collocation space and has ordered the necessary services from XXXX
ATLANTIC within the appropriate time frames to permit COVAD to
provide telecommunications services to its customers.
116
4. Sole Remedy
In the absence of gross negligence or willful misconduct, the credit
described herein shall be the sole and exclusive remedy available for any
Turnover Failure by XXXX ATLANTIC regardless of the existence or
availability of any other remedy procedure or process available to COVAD
at law or equity, and shall apply irrespective of any other determinations
made with respect to other carriers in PSC Case No. 97-C-0139.
117
Appendix A
COLLOCATION SCHEDULE
CONTRACT # ___________________
CAGE # ___________________
PARTITIONED SPACE # ___________________
(ACTL #)
THIS COLLOCATION SCHEDULE IS MADE THIS ____ DAY OF _________, 19 ___, AND
SUBJECT TO ALL DEFINITIONS, TERMS AND CONDITIONS OF THE INTERCONNECTION
AGREEMENT DATED ______________, 19 ___, BETWEEN NEW YORK TELEPHONE AND
________________________________ (INTERCONNECTOR).
A. APPLICATION FEE FOR OCCUPANCY $_________
B. COLLOCATION SPACE(S) MONTHLY LICENSING FEES
NYT CENTRAL OFFICE _________________________________________________
____________________________________________________________________
FLOOR: ____________________________
RATES AND FEES - SPACES:
(AXB) MONTHLY
A B ANNUAL LICENSE
RATE AREA LICENSE FEE FEE
---- ---- ----------- -------
1. PARTI-
TIONED
SPACE _______ ________ ___________ _________
118
MONTHLY
2. CABLE # OF FIBER ANNUAL LICENSE
SPACE RATE CABLES LICENSE FEE FEE
---- ---------- ----------- --------
PRIMARY ROUTE
SPACE _________ __________ __________ __________
PER CABLE PER
LINEAR(1)
FOOT _________ __________ __________ __________
ALTERNATE
ROUTE
SPACE PER
CABLE PER
LINEAR(5) FOOT _________ ___________ ___________ __________
MONTHLY
3. CONDUIT ANNUAL LICENSE
SPACE RATE* DISTANCE LICENSE FEE FEE
---- -------- ----------- -------
PRIMARY
ROUTE ___________ ___________ ____________ __________
----------
(1) LINEAR FOOTAGE IS COMPUTED AS THE SUM OF THE LENGTHS AS FOLLOWS:
1. HORIZONTALLY - FROM THE CABLE VAULT ENTRANCE WALL AS RUN TO THE
RISER LEADING TO THE HIGHER FLOORS IN THE BUILDING.
2. VERTICALLY - FROM THE ENTRANCE HEIGHT IN THE VAULT, AS RUN, TO THE
PHYSICAL TERMINATION AT THE POINT OF TERMINATION.
3. HORIZONTALLY - FROM THE RISER ON THE COLLOCATED INTERCONNECTOR'S
FLOOR, AS RUN, TO THE POINT OF TERMINATION.
000
XXXXXXXXX
XXXXX ___________ ___________ ____________ __________
RATES AND
FEES- POWER ___________ ___________ ____________ __________
(AXB) MONTHLY
A B ANNUAL LICENSE
RATE AREA** LICENSE FEE FEE
---- ---- ----------- -------
4. D.C. POWER
(48 VOLT
WITH
BATTERY
BACK-UP) ___________ ___________ ____________ __________
MONTHLY
LICENSE
RATE AREA** LICENSE FEE FEE
---- ---- ----------- -------
5. EMER-
GENCY A.C.
POWER
(OPTIONAL) ___________ ___________ ____________
(5) CONDUIT RATES & DESCRIPTION
RATE 1: $ /DUCT FT./PER MONTH X 12 MONTHS = $
-----------------------------------------------------
$_____ PER DUCT FOOT IS APPLIED WHERE THE INTERCONNECTOR'S CABLE EXCEEDS 1.1"
IN OUTSIDE DIAMETER OR WHERE THE INTERCONNECTOR HAS PLACED TWO OR MORE CABLES
WITHIN A SINGLE DUCT REGARDLESS OF SIZE.
RATE 2: $. /DUCT FT./PER MONTH X 12 MONTHS = $
-----------------------------------------------------
120
$._____ PER DUCT FOOT IS APPLIED WHERE THE INTERCONNECTOR HAS ONLY ONE CABLE IN
A DUCT AND THAT CABLE IS EQUAL TO OR LESS THAN 1.1" IN OUTSIDE DIAMETER. IN THAT
EVENT, NYT RESERVES THE RIGHT TO USE OR TO LICENSE OTHERS TO USE THE REMAINDER
OF THE USABLE SPACE WITHIN THAT DUCT.
** D.C. POWER AND EMERGENCY A.C. POWER FEES ARE DETERMINED BY THE AREA OF
PARTITIONED SPACE ABOVE.
OCCUPANCY FEE
OCCUPANCY FEE REPRESENTS THE TOTAL ANNUAL/MONTHLY LICENSE AND POWER FEES
DESCRIBED ABOVE.
$____________________ TOTAL ANNUAL $____________ TOTAL PER MONTH
TIME AND MATERIALS $ ______________
ESCORT FEE $ ______________
C. COLLOCATION SPACE(S) NON RECURRING CHARGES
1. DESIGN AND CONSTRUCTION
THIS SCHEDULE DEPICTS THE ACCOUNTING OF THE DESIGN AND CONSTRUCTION
WORK ESTIMATE FOR WORK NYT SHALL ARRANGE, MANAGE, AND PERFORM TO
EITHER CONSTRUCT OR PREPARE THE PARTITIONED SPACE, CABLE SPACE,
VAULT SPACE, AND CONDUIT SPACE FOR TURNOVER TO THE INTERCONNECTOR
FOR OCCUPANCY AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
INTERCONNECTION AGREEMENT. THE FOLLOWING CHARGES APPLY:
TOTAL ESTIMATE FIRST INSTALLMENT
(50% OF ESTIMATE)
$ _______________ $ ________________
121
2. SECURITY FEE
THE AMOUNT OF $___________ (AT THE VALUE OF SIX MONTHS OF OCCUPANCY
FEES) SHALL BE HELD BY NYT. FOR THE DURATION OF THE AGREEMENT AND
SHALL BE RETURNED TO THE INTERCONNECTOR, WITH INTEREST AS DESCRIBED
IN. AND, UPON COMPLETION OF THIS AGREEMENT LESS ANY AMOUNTS DUE AND
OWED BY THE INTERCONNECTOR AT THE TIME OF TERMINATION.
D. TURNOVER OF SPACE(S)
THE INTERVAL FOR TURNOVER OF SPACES SHALL BE IN ACCORDANCE WITH THE TERMS
OF THE INTERCONNECTION AGREEMENT.
E. TERMS
THE TERM OF THIS AGREEMENT SCHEDULE SHALL COMMENCE AS OF THE OCCUPANCY
DATE.
APPROVED BY:
_______________________________ NEW YORK TELEPHONE
(INTERCONNECTORS NAME)
_______________________________ ______________________________
NAME - TYPE OR PRINT NAME - TYPE OR PRINT
_______________________________ ______________________________
SIGNATURE SIGNATURE
_______________________________ ______________________________
DATE DATE
122
NOTE:
1. THE TOTAL ESTIMATE IS BASED ON KNOWN COSTS PRIOR TO DETAILED ENGINEERING
REVIEW. A FINAL XXXX WILL BE RENDERED TO RECONCILE THE ESTIMATE WITH THE
ACTUAL COSTS. NYT SHALL INFORM INTERCONNECTOR OF ANY ADDITIONAL COSTS
WHICH COULD SIGNIFICANTLY ALTER THE FINAL XXXX FROM THE TOTAL ESTIMATE AS
THESE COSTS BECOME KNOWN.
000
Xxxxxxxx X
Application for Collocation
124
Appendix C
Form of Insurance Certificate
Insurance Certificates meeting the requirements of this Agreement will be
submitted per collocation request.
000
Xxxxxxxx X
Technical References and Generic Criteria
for Network Telecommunication Equipment
Technical References:
GR-003 Network Equipment Building Requirements
TR-NWT-001089 - Electromagnetic Compatibility and Electrical Safety
Generic Criteria for Network Telecommunication Equipment
TR-NWT-000078 - Generic Physical Design Requirements for Telecommunications
Products and Equipment.
TR-NWT-00513 - Power & Isolated Ground Planes.
TR-NWT-000295 - Isolated Ground Planes Definition & Application to Telephone
Central Offices
NIP 74160 - XXXX ATLANTIC Information Standards for Central Office Installation
and Removal Procedures.
NIP 74162 - XXXX ATLANTIC Information Standards for Central Office Grounding
000
Xxxxxxxx X
Form of Design and Construction Work Completion Notice
139
PART IV: PRICING SCHEDULE
A. UNBUNDLED NETWORK ELEMENTS
FCC Element Rate Elements Rate Unit Final Rates
-------------------------------------------------------------------------------------------
Major Rest of
LINK (Local Loop)(2) City State
-------------------------------------------------------------------------------------------
2 Wire Analog Per Link/Mo 12.49 19.24
-------------------------------------------------------------------------------------------
2 Wire Conditioned Per Link/Mo 21.02 28.26
-------------------------------------------------------------------------------------------
4 Wire Analog Per Link/Mo 27.67 41.37
-------------------------------------------------------------------------------------------
4 Wire Conditioned Per Link/Mo 98.32 112.29
-------------------------------------------------------------------------------------------
2 Wire ADSL Per Link/Mo TBD* TBD*
-------------------------------------------------------------------------------------------
2 Wire HDSL Per Link/Mo TBD* TBD*
-------------------------------------------------------------------------------------------
4 Wire HDSL Per Link/Mo TBD* TBD*
-------------------------------------------------------------------------------------------
DS3 Loop Per Link/Mo 911.00 911.00
-------------------------------------------------------------------------------------------
DS3 Loop Mileage Per 1/4 mile/Link/Mo 20.10 20.10
-------------------------------------------------------------------------------------------
SWITCHING Statewide
-------------------------------------------------------------------------------------------
LOCAL
-------------------------------------------------------------------------------------------
Local Ports
-------------------------------------------------------------------------------------------
o Analog Line Port Port/Mo 2.50
-------------------------------------------------------------------------------------------
o Digital Port Per DSO equivalent/Mo 2.50
-------------------------------------------------------------------------------------------
o ISDN-BRI Port Port/Mo 11.77
-------------------------------------------------------------------------------------------
o Dedicated. Per DSO equivalent/Mo 6.75
Digital Trunk
-------------------------------------------------------------------------------------------
o ISDN-PRI DS1 Port/Mo 184.64
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
Usage
-------------------------------------------------------------------------------------------
o Common Trunk-Day Per MOU .000879
-------------------------------------------------------------------------------------------
----------
(2) Includes NID
144
FCC Element Rate Elements Rate Unit Final Rates
-------------------------------------------------------------------------------------------
o Common Trunk- Per MOU .000214
Even.
-------------------------------------------------------------------------------------------
o Common Trunk- Per MOU .000095
Night
-------------------------------------------------------------------------------------------
145
FCC Element Rate Elements Rate Unit Final Rates
-------------------------------------------------------------------------------------------
o Usage-Day Per MOU .003806
-------------------------------------------------------------------------------------------
o Usage-Even. Per MOU .001837
-------------------------------------------------------------------------------------------
o Usage-Night Per MOU .001508
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
Port Additives:
-------------------------------------------------------------------------------------------
o Centrex Per Port/Mo .45
-------------------------------------------------------------------------------------------
o Ringmate Per Port/Mo .52
-------------------------------------------------------------------------------------------
o Three-Way Calling Per Port/Mo .16
-------------------------------------------------------------------------------------------
TANDEM
-------------------------------------------------------------------------------------------
Tandem Ports
-------------------------------------------------------------------------------------------
o Digital Dedicated Per DSO equivalent/Mo 5.28
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
Usage
-------------------------------------------------------------------------------------------
o Common Trunk-Day Per MOU .001958
-------------------------------------------------------------------------------------------
o Common Trunk-Even. Per MOU .000476
-------------------------------------------------------------------------------------------
o Common Trunk-Night Per MOU .000229
-------------------------------------------------------------------------------------------
o Usage-Day Per MOU .001156
-------------------------------------------------------------------------------------------
o Usage-Eve. Per MOU .000741
-------------------------------------------------------------------------------------------
o Usage-Night Per MOU .000670
-------------------------------------------------------------------------------------------
146
FCC Element Rate Elements Rate Unit Final Rates
-------------------------------------------------------------------------------------------
TRANSPORT ---------------------- (Source NY PSC 916 Tariff) ----------------
-------------------------------------------------------------------------------------------
o OC-48 Rate/Mo = Fixed + Per mile 9,768 +
Charge 375.81/mile
-------------------------------------------------------------------------------------------
o OC-12 Rate/Mo = Fixed + Per mile 4,145 +
Charge 241.21/mile
-------------------------------------------------------------------------------------------
o OC-3 Rate/Mo = Fixed + Per mile 1,365 +
Charge 60.31/mile
-------------------------------------------------------------------------------------------
o DS-3 Rate/Mo = Fixed + Per mile 911 + 20.10/mile
Charge
-------------------------------------------------------------------------------------------
o DS-1 Rate/Mo = Fixed + Per mile 110 + .72/mile
Charge
-------------------------------------------------------------------------------------------
o CO Multiplexing Per arrangement per central Per PSC No. 916
office/Mo Tariff
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
Common
-------------------------------------------------------------------------------------------
o Usage-Day Per MOU .001040
-------------------------------------------------------------------------------------------
o Usage-Even Per MOU .000548
-------------------------------------------------------------------------------------------
o Usage-Night Per MOU .000000
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
SIGNALING
-------------------------------------------------------------------------------------------
Signal Transfer Point
-------------------------------------------------------------------------------------------
o STP Port Per port/Mo 775.22
-------------------------------------------------------------------------------------------
o Signaling Link Per DSO/Mo 31.97
-------------------------------------------------------------------------------------------
Signaling Query
-------------------------------------------------------------------------------------------
o 800 Service Per query .001265
-------------------------------------------------------------------------------------------
o LIDB Service Per query .001411
-------------------------------------------------------------------------------------------
147
FCC Element Rate Elements Rate Unit Final Rates
-------------------------------------------------------------------------------------------
Reciprocal Local Switch - Meetpoint A
Compensation
-------------------------------------------------------------------------------------------
o Usage-Day Per MOU .004685
-------------------------------------------------------------------------------------------
o Usage-Even. Per MOU .002051
-------------------------------------------------------------------------------------------
o Usage-Night Per MOU .001603
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
Tandem - Meetpoint B
-------------------------------------------------------------------------------------------
o Usage-Day Per MOU .010797
-------------------------------------------------------------------------------------------
o Usage-Even. Per MOU .004292
-------------------------------------------------------------------------------------------
o Usage-Night Per MOU .002731
===========================================================================================
148
B. OTHER RATES (See Section A for unbundled Network Element Rates)
I. Reciprocal Compensation
End Office Rate ("Meetpoint A"):
Local Switching Usage Rate
+ Local Switching Common Trunk Rate
-----------------------------------
End Office Rate
Tandem Rate ("Meetpoint B"):
End Office Rate
+ Tandem Switching Usage
+ 2 Tandem Common Trunk Rates
+ Common Transport
------------------
Tandem Rate
A credit will be given for one Tandem Trunk if a dedicated tandem port is
used. Subject to provisions identified in Subsection 10.6 (g)
II. Information Services Fees
Billing and Collecting Fee (per message) = $.08
Blocking Service **
144
III. BLV/BLVI Traffic*
Unbundled Line Rate*
$1.00 per Busy Line Verification
$2.25 per Busy Line Verification Interrupt
IV. Transit Service
A. Transit Service
----------
* True-Up. With respect to the items marked with an asterisk, such items
shall, on an interim basis, be the charges currently noted in this Part IV
(the "Interim Rates"). On the earliest of the date (the "Rate
Determination Date") on which (x) any permanent rate and/or rate
structures for such items are approved or adopted by the Commission in
Cases 95-C-0657, 94-C-0095 and 91-C-1174 or other applicable effective
Commission orders, decisions, rules or regulations or (y) the Parties
shall agree to any such permanent rate and/or rate structures for such
items, the rates and/or rate structures so adopted or approved or agreed
upon (each, a "Permanent Rate") shall apply in lieu of the Interim Rates
with respect to such items. Within 90 days after the Rate Determination
Date of any Permanent Rate with respect to any item (i) if the aggregate
amounts paid by COVAD for such item under this Agreement during the period
commencing with the filing by XXXX ATLANTIC of the applicable cost(s) or
rate with the Commission prior to the Rate Determination Date shall exceed
the amount which would have been payable by COVAD if the Permanent Rate
(which may be zero) had been applicable during such period, then XXXX
ATLANTIC shall refund to COVAD such excess or (ii) if the aggregate
amounts paid by COVAD for such item under this Agreement during such
period commencing with the filing by XXXX ATLANTIC of the applicable
cost(s) or rate with the Commission prior to the Rate Determination Date
shall be less than the amount which would have been payable by COVAD if
the Permanent Rates had been applicable during such period, then COVAD
shall pay such deficiency to XXXX ATLANTIC. This Part IV shall be amended
to reflect the determination of Permanent Rates for any given items.
The prices marked with a double asterisk will, on an interim basis, be
zero, subject to true-up, if any, in accordance with the provisions of the
preceding paragraph once Permanent Rates, if any, have been established.
145
Rate = Sum of applicable tandem switching usage rate and any
additional tandem common trunk or tandem port charges rates in
Section A of this Part IV.
B. Dedicated Transiting Service: Cage to Cage
Two times the appropriate Service Access Charges as set forth in
applicable tariffs.
V. Interim Number Portability
As per the P.S.C. 914 Tariff. Terminating IXC access charges shall be
shared as required by the Commission between XXXX ATLANTIC and COVAD
pursuant to meet-point billing arrangements between the Parties using
special estimated studies until such time as actual meet-point billing
records are available.
VI. IntraLATA 800
A. Reciprocal Compensation (refer to I above).
B. Compensation for records exchanged per record (see Section XI.B.1).*
C. 800 Database inquiry: $.001265 per database inquiry.
VII. Intentionally Omitted
VIII. 911/E911 Interconnection
A. Monthly Rate = $252 per month for an unequipped DS1 Port and $100
per month per voice grade trunk activated and equipped on the DS1
port.*
B. $.05 per line per month for UNE switched lines.*
146
IX. [Intentionally Omitted]
X. Directory Assistance and Operator Services-Network Elements
. (A) Directory Assistance Services
(1) Directory Assistance
Per Request
-----------
Each Request for Information per one telephone
number, with XXXX ATLANTIC branding $0.39
Each Request for Information per one telephone
number, with COVAD branding $0.39
Each Request for Information per one telephone
number, without branding $0.33
Branding surcharge per call (if applicable) $0.06
(2) Directory Assistance Call
Completion (DACC) #:
Each Request for Information per one telephone
number, with COVAD branding or with XXXX ATLANTIC
branding plus call completion $0.58
Each Request for Information per one telephone
number, without branding plus call completion $0.52
DACC Surcharge per call $0.19
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
(3) Record Charges
EMR format - per record charge $.0102
(4) Direct Access to Directory Assistance (DADA)
147
Monthly Access Charge $4000
Each Search Request $0.038
Rate
----
(B) Inward Operator Services#
(1) BLV, Per work second $0.02
(2) BLV/I, Per work second $0.02
(3) Branding surcharge, per call
(if applicable) $0.06
(C) 0+/Mechanized Operator Calls #
(1) Calling Card, Per request $0.125
(2) Collect, Per request $0.159
(3) Third Number, Per request $0.159
(4) Branding surcharge, per call
(if applicable) $0.06
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
(D) 0- Operator Handled Calls #
(1) Per work second $0.015
Plus
(2) Collect & Xxxx to Third Number,
Per request $0.007
(3) Branding surcharge, per call
(if applicable) $0.06
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
(E) Operator Emergency Bulletin Service,
Per 132 LATA bulletin, per year $81.18
Recurring Non-recurring
--------- -------------
(F) TOPS Trunk Ports $524.88 $315.06
Service Access Charge,
Per TOPS Port $4.31 N/A
(G) IOF mileage for Dedicated Trunk $110.00 $525.00
Transport
Mileage charge, per mile per month $0.72
148
Day Evening Night
--- ------- -----
Shared Trunk Port
- per MOU $0.000879 $0.000214 $0.000095
Unbundled Local Switching
- per MOU $0.003806 $0.001837 $0.001508
Unbundled Tandem Transport (UTTC)
- per MOU $.001040 $.000548 $.00000
Tandem Transit Switching (TTSC)
- per MOU $0.006472 $0.003093 $0.002528
Telephone Company Reciprocal
Compensation (UNRCC)
- per MOU $0.006085 $0.003451 $0.003003
TC Reciprocal Compensation (UCRCC)
- per MOU $0.006085 $0.003451 $0.003003
XI. Miscellaneous and Non-Recurring Charges
A. Unbundled Network Elements
1. Switch Port Additives
SMDI (per month) - $30.00 per port plus,
if transport is ordered,
$33.39 plus $3.89
per mile*
2. Non-Recurring Charges
SVGAL - $82.05 per line*
$85 per dispatch as required*
NID - $85 per dispatch*
Trunk Installation - $288 per DS1*
Service Order Charge - $105 per order*
149
Engineering Charge - $80 per order*
Expedited Trunk
Installation - **
Expedited Service
Order Charge - **
Expedited Engineering
Charge - **
Engineering Labor
Rate - **
Translations Engineer
Labor Rate - **
Service Represen-
tative Labor Rate - **
Technician Labor
Rate - **
Testing & Other
Labor Rate - **
SS7 Point Code
Change - $136.87 per first point code*
$15.80 each additional*
Dispatch-In (false) - $59 per dispatch*
Dispatch-Out (false) - $147.06 per dispatch*
ADSL or HDSL Non-Recurring Charges TBD*
B. Miscellaneous
1. Call Usage Detail Service:
Record Processing (all records) $0.00429 per record*
Data Transmission - UNE **
Tape Cartridge - UNE **
2. Emergency Bulletin Service:
150
NYT $3000 per initial data plus
$250/monthly update*
3. Intentionally Omitted:
4. Operations Systems Access:
Per Transaction Charge - **
Monthly Data Access - **
Operations Support Charge - per MOU $.0014*
(Single charge per MOU for any single
element)
5. Other
Record Change Charge - **
Duplicate Xxxx Charge - $.12/page(paper),$14/disk,*
$15.96/tape*
$.0015/record*
Data Entry Search - **
Call Blocking - **
Design Change Charge - $113.98 per order*
AIN Query Launch Charge - **
New Rate Elements, OSS and Databases **
Special Construction/ICB requests - **
6. Intentionally Omitted
XII. A. Collocation*3
1.Cage - 1st 100 ft. - per P.S.C. 900 Tariff
----------
(3) Including conditioning charges.
151
2. Cage - Add. ft. - per P.S.C. 900 Tariff
3. Cable Space - per P.S.C. 900 Tariff
4. Space - per P.S.C. 900 Tariff
5. Basic DW Power - per P.S.C. 900 Tariff
6. Additional Power - Individual Case Basis
7. Application Fee per P.S.C. 900 Tariff
B. Virtual Collocation
Application fee: $2,500.00
Other Charges: ICB
XIII. Customized Routing/Network Design Request
Unbundled Network Elements - Individual Case Basis
Prices for non-standard offering will be on an Individual Case Basis.
XIV. Alternate Billed Calls
Billing and Collection Fee - $.05 per call
XV. NID $.58 per month*
XVI. Branding
914 Branding Fee $.05 per message*
XVII. Additional Charges:
Additional charges which are filed with the Commission shall apply, at a
zero rate, on an interim basis. Such charges shall be trued-up as
specified in this part IV, Section B, footnote entitled "True-Up."
Provided, further, that, if any rate element is a duplicate of a rate
element identified by a single asterisk in this Part IV, Section B, XXXX
ATLANTIC may assess the charge identified by the single asterisk, rather
than a zero charge.
152
XVIII. Electronic Copies
Electronic copies of SAG TBD
Electronic copies of NPA-NXX Features & Facilities TBD
RATE APPLICATION RULES
1. General
(a) Rates for elements, services or activities not listed in this Part
IV shall be applied pursuant to tariffs or Commission approved rates
(subject to any appropriate cost methodology, for unbundled Network
Elements and other services) or, if there shall not be a tariff or
Commission approved rate covering such elements, services or
activities, such rates as the Parties shall agree. Such rates shall
be applied as of the date of filing or submission of the proposed
rates with the Commission, subject to true-up back to the date of
such submission or filing. For those unbundled Network Elements and
other services required to be provided by XXXX ATLANTIC pursuant to
Section 251 of the Act, the rates for such unbundled Network
Elements and services shall be in accordance with the Act and
applicable effective decisions, orders, rules and regulations of the
Commission. Nothing in this subparagraph shall be construed as a
waiver by COVAD of its right to contest proposed rates in
appropriate proceedings before the Commission.
(b) Those rates set forth in Part IV that are marked with a double
asterisk are interim rates and no provision in these Rate
Application Rules is intended to limit, nor shall any such provision
be deemed to limit, the right of
153
COVAD to challenge before the Commission the imposition of a
tariffed rate other than zero with respect to such item or the right
of XXXX ATLANTIC to seek approval from the Commission of a tariffed
rate other than zero with respect to such item.
(c) If either Party cannot measure time of day for purposes of rendering
its xxxx to the other Party the other Party will, upon request (to
the extent possible), provide verifiable time of day factors to the
billing Party for use in rendering its xxxx.
(d) Day, evening, and night shall be defined as provided in the P.S.C.
915 Tariff for Local Services and in the P.S.C. 914 tariff for all
other services and elements provided under this Agreement.
(e) Billable traffic exchanged pursuant to this Agreement shall be
measured for terminating usage charges in actual conversation
seconds, where available, and measured for originating usage charges
in actual access seconds. Access seconds include conversation
seconds plus a non-conversation time additive, which includes the
message attempts ("NCTA"), consistent with current practices. Where
the originating usage measured contains only conversation seconds,
the Parties will agree on a methodology to convert and xxxx in
access seconds, which will include an NCTA. The Parties shall agree
on the calculation of the NCTA. The total conversation seconds and
access seconds per chargeable traffic types shall be totaled for the
entire processing cycle and then rounded to the next higher whole
minute.
(f) The terms and provisions of this Part IV and of Attachment 6,
including, without limitation, the rates for unbundled Network
Elements provided, shall be subject to, and interpreted in all
respects consistently with, the applicable call flows diagram(s)
annexed hereto as Exhibit A (the "Call Flows Diagrams").
2. Reciprocal Compensation
(a) Charges for Reciprocal Compensation shall be billed in accordance
with Attachment 6. Reciprocal Compensation for the termination of
this traffic shall be charged at rates specified in Part IV to this
Agreement.
(b) In lieu of the Reciprocal Compensation arrangement referred to above
and where permitted by state law or Commission regulation or order,
the
154
parties may mutually agree to adopt a xxxx and keep compensation
arrangement or such other mutually agreed upon compensation
arrangement.
(c) Reciprocal Compensation shall be priced depending on whether the
traffic terminates at the carrier's end office ("Meetpoint A") or at
the carrier's tandem point of interconnection ("Meetpoint B").
(d) Where either Party uses a single trunk to carry Reciprocal
Compensation Traffic and other types of traffic, such Party shall
provide the other Party with verifiable factor(s) identifying the
percentage(s) of such different traffic types which shall be used to
determine the number of minutes of that trunk group that will be
charged at each applicable rate. Factors may be updated as
appropriate not more often than quarterly by the Party providing
such factors to reflect the actual mix of traffic.
3. Unbundled Network Elements
(a) "XXXX ATLANTIC Shared Transport Rate" shall be the blended rate of
common direct transport and common transport through tandem switched
arrangements, as described in Exhibit A to this Part IV.
(b) "Call Usage Detail Service" rates for record processing, data
transmission and tape cartridge (as specified in Section XI.B of
this Part IV) shall apply for end-user call-detail records
transferred.
(c) When the unbundled Local Switching Network Element is provided,
COVAD shall pay rates in this Part IV for the appropriate line port
charge, the appropriate local switching usage charge, and the
appropriate local switching common trunk charge, based on time of
day, where applicable.
(d) When the unbundled Tandem Switching Network Element is provided,
COVAD shall pay rates in this Part IV for the appropriate tandem
switching usage and appropriate tandem trunk or port charges, based
on time of day, where applicable.
(e) Unbundled Local Switching Network Elements and Tandem Switching
Network Elements do not include the price for STP usage charges,
155
CENTREX, Ring-Mate or Three-Way Calling, which will be charged
separately.
(f) Where COVAD provides its own loops to the integrated digital line
port, the integrated digital line port, dedicated local switch trunk
port and dedicated tandem trunk port rates can be derived by
multiplying the Local Switching Digital Line Port, Local Switching
Digital Trunk Port and Tandem Switching Digital Trunk rates by a
factor of nineteen (19), respectively.
(g) To the extent COVAD orders multiplexers to complete service at a
level different from the dedicated transport level ordered, separate
multiplexer rates shall apply.
(h) Overflow billing from dedicated switching will be billed as XXXX
ATLANTIC Shared Transport. Where actual overflow MOU cannot be
determined, XXXX ATLANTIC will xxxx based on an estimate of overall
traffic, as calculated in a special study with respect to overflows.
The methodology for such special study shall be developed jointly by
the Parties.
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4. Transient Tandem Process and Pricing
(a) COVAD may use XXXX ATLANTIC's tandem switch to terminate COVAD local
traffic on other local carriers' networks where such local carriers
are connected to the same XXXX ATLANTIC tandem, or to receive local
traffic originating on such other local carriers' networks. This
local traffic will route between local carriers through XXXX
ATLANTIC's tandem switch. When COVAD is the originating carrier
terminating calls to another carrier, COVAD shall be responsible for
paying XXXX ATLANTIC for tandem switching, except to the extent that
COVAD has already paid for tandem switching via the XXXX ATLANTIC
Shared Transport rate, plus a blended charge which reflects a pass
through of monthly Reciprocal Compensation terminating local carrier
charges paid by XXXX ATLANTIC to the terminating local carrier that
is based upon actual local carrier rates in effect for terminating
compensation from the previous month multiplied times actual minutes
of use for the given month. Since the charges for each month are
calculated using actual rates from the previous month, the initial
month under this Agreement will be estimated and based upon a local
study. Parameters will be developed to insure that if actuals are
collected in the month succeeding the initial month which differ
from the estimated value by more than two thousand dollars, XXXX
ATLANTIC will credit COVAD for that amount which COVAD has overpaid
or COVAD will pay XXXX ATLANTIC for that amount which COVAD has
underpaid. The prices for transient tandem switching, including all
applicable associated operations support charges, are set forth in
this Part IV.
(b) When COVAD is the terminating carrier using its own (not unbundled
Network Element) switching facilities, XXXX ATLANTIC shall pay COVAD
all terminating Reciprocal Compensation for local and toll based
upon actual minutes of use and rates in effect for that month. The
Parties will work cooperatively on billing disputes and
uncollectible issues.
5. Links
To the extent COVAD orders a transmission interface at a level different
from the level provided for the unbundled Link type ordered, separate
multiplexer rates shall apply. When COVAD orders IDLC Links, additional
charges may apply as set forth in Section 2.9.1(a) and (g) of Part II to
this Agreement.
6. Intentionally Omitted
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7. Information Services
Information Services (e.g., "976" calls). For information services, the
Party ("Originating Party") shall xxxx and collect such information
provider charges and remit an amount equal to such charges to the Party
("Terminating Party") to whose information platform the Information
Services Traffic terminated less the Information Services Billing and
Collection Fee set forth in Part IV. Except for Local Services Calls, upon
request by the Terminating Party, the Originating Party shall provide
originating call detail in unrated EMR format to the Terminating Party, at
the charges specified in Part IV. Where such originating call detail is
received, the Terminating Party shall provide the Originating Party with a
rated record. The Originating Party shall pay the Terminating Party in
full regardless of uncollectible items; provided, however, for each of its
Customer's lines COVAD shall receive the forgiveness policy of two credits
for each customer line after which: a)when the Originating Party provides
its own local switch, the Originating Party will block all such
Information Services calls originated by its Customer, b) when COVAD
provides service via unbundled Network Elements or through resold Local
Services, COVAD will request blocking and XXXX ATLANTIC will provide
blocking service at the prices set forth in Part IV. If COVAD provides its
own Information Services, and XXXX ATLANTIC buys such services, COVAD will
provide to XXXX ATLANTIC the same forgiveness policy, if any, that it
applies to its customers.
XXXX ATLANTIC and COVAD will work cooperatively to share Customer
information regarding forgiveness for Information Services calls.
As requested by the Terminating Party, the Originating Party will provide
information required by the Terminating Party to process the Originating
Party's adjustment.
If, based upon review of adjustments related to Information Services
forgiveness, the Terminating Party observes Originating Party adjustments
that are greater than normal, the Terminating Party may request that the
Originating Party share its adjustment information with the Terminating
Party related to the Customer account in question to indicate the number
of Information Services adjustments related to forgiveness that the
Originating Party has processed for the account in question. If, after a
review of these records, the Originating Party has processed more
incidences of forgiveness than the forgiveness policy permits for the
account in question, the Originating Party will reimburse the Terminating
Party for forgiveness incidences that the Originating Party processed that
would give the Customer more than the number of forgiveness incidences
permitted, if the Terminating Party can demonstrate that the Terminating
Party, or another carrier, notified the Originating Party of the
Customer's forgiveness history prior to the Customer migrating to the
Originating Party.
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159
EXHIBIT A TO PART IV
LOCAL AND TOLL CALL FLOWS AND INTERCARRIER BILLING IN THE
COMPETITIVE TELECOMMUNICATIONS ENVIRONMENT
This Exhibit A covers those call flows and billing 1) between XXXX ATLANTIC
(hereinafter referred to as ILEC) and COVAD (hereinafter referred to as COVAD
UNE), 2) between two CLECs (one of which is COVAD), and 3) between COVAD UNE and
interexchange carriers (IXCs). These call flows cover scenarios when the CLEC
provides service to end users 1) through total service resale (TSR), 2) through
the unbundled network elements (UNE), or 3) through facility based networks
(FBN).
This Exhibit A covers the call flows, UNE rate applications and billing for each
of the following call types:
Local Calls, Intra-Switch
Local Calls, Inter-Switch
Toll Calls, IntraLATA
Toll Calls, Intrastate (InterLATA)
Toll Calls, Interstate (InterLATA)
Local 800 Calls
Notwithstanding any references to TSR or Local Services in this Exhibit A,
nothing in this Exhibit A shall govern or otherwise affect the terms and
conditions of Local Services.
Flat rated, monthly recurring charges and non-recurring UNE charges for
switching and the Local Loop are not noted in these descriptions because they
are not dependent on the call flows. Signaling and STP charges are not covered
in this Exhibit A. Such charges shall be applied pursuant to Part IV of this
Agreement.
COVAD shall xxxx all IXCs in accordance with the terms set forth in Call Flow
Diagrams 21-28; provided, however, that at COVAD's option, the Parties shall
negotiate in good faith to reach agreement on a billing and collection
arrangement under which XXXX ATLANTIC would perform local transport usage
billing to interexchange carriers on COVAD's behalf.
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PART V: INTERCONNECTION
Except for Reciprocal Compensation arrangements which shall be determined
exclusively by the terms and conditions of this Agreement, XXXX ATLANTIC shall
provide COVAD with interconnection services pursuant to the N.Y. P.S.C. No. 914
Tariff, as amended from time to time. The Parties shall compensate each other
for transport and termination of Reciprocal Compensation Traffic in an equal and
symmetrical manner at the rates provided in Part IV.
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ATTACHMENT 1: DEFINITIONS
Definitions
"AAA" means American Arbitration Association.
"Act" or "Telecommunications 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 a Commission within its state of jurisdiction.
"Asymmetrical Digital Subscriber Line" means a transmission technology which
transmits an asymmetrical digital signal using one of a variety of line codes as
specified in ANSI standards T1.413-1995-007R2.
"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.
"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.
"Automatic Number Identification" means a Feature Group D signaling parameter
which refers to the number transmitted through a network identifying the billing
number of the calling party.
"Branding" means the initial identification by the XXXX ATLANTIC OSDAS automated
system responding to a COVAD end-user call, of the local service provider for
such end user. Additionally, XXXX ATLANTIC operators or automated systems shall
not provide any conflicting brand for such OSDAS calls.
193
"BRI-ISDN" means 2-Wire ISDN-Compatible Digital Loop.
"Calling Party Number" is a Common Channel Interoffice Signaling ("CCIS")
parameter which refers to the number transmitted through a network identifying
the calling party.
"CCS" means one hundred (100) call seconds.
"Central Office Switch" means a switch used to provide Telecommunications
Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer
station Links for the purpose of interconnection to each other and to
trunks; and
(b) "Tandem Office Switches" which are used to connect and switch
trunk circuits between and among other Central Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
"CLASS features" means certain CCIS-based features available to Customers
including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification; Call Return and future CCIS-based offerings.
"Commission" or "PSC" means the New York Public Service Commission.
"Common Channel Interoffice Signaling" 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 CCIS used by the Parties shall be SS7.
"Cross Connection" means a connection provided at the digital signal cross
connect, Main Distribution Frame or other suitable frame or panel to another
suitable frame, panel or piece of equipment.
"Customer" means a third-party residence or business end user subscribing to
Telecommunications Services provided by either of the Parties.
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"Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
"Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal in the
time-division multiplex hierarchy.
"Digital Signal Level 1" or "DS1" means 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.
"Digital Signal Level 3" or "DS3" means 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.
"Direct Customer Access Service" is an electronic interface system provided by
XXXX ATLANTIC to facilitate the ordering, provisioning and maintenance of
various interconnection arrangements.
"Exchange Access" is As Defined in the Act.
"Exchange Message Record" means the standard used for exchange of
Telecommunications message information among Telecommunications providers for
billable, nonbillable, sample, settlement and study data. EMR format is
contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message Record.
"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.
"High-Bit Rate Digital Subscriber Line" means a transmission technology which
transmits up to a DS1-level signal, using any one of the following line codes: 2
Binary / 1 Quartenary ("2B1Q"), Carrierless AM/PM, Discrete Multitone ("DMT"),
or 3 Binary / 1 Octel
("3B1O").
"Information Service Traffic" means Local Traffic or IntraLATA Toll Traffic
which originates on a Telephone Exchange Service line and which is addressed to
an information service provided over a Party's information services platform
(e.g., 976).
195
"Integrated Services Digital Network" means 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 a digital
transmission of two 64 kbps bearer channels and one 16 kbps data channel
("2B+D").
"Loss" or "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 attorneys' fees).
"Main Distribution Frame" means the distribution frame of the Party providing
the Link (or Loop) used to interconnect cable pairs and line and trunk equipment
terminals on a switching system.
"Numbering Plan Area" means the 3-digit code which occupies the A, B, C
positions in the 10-digit NANP format which applies throughout NANP area. NPAs
are in the form of "NXX," where N is the number from 2 to 9 and X is a number
from 0 to 9. In the NANP, NPAs are classified as either geographic or
non-geographic. The common examples are NPAs in the N00 format, e.g., 800. N00
codes are commonly referred to as service access codes (SACs).
"NXX" means the three-digit code which appears as the first three digits of a
seven digit telephone number.
"Point of Termination Bay" means the intermediate distributing frame system
which serves as the point of demarcation for collocated interconnection.
"Public Service Answering Point" means an answering location for 911 calls
originating in a given area. A PSAP may be designated as Primary or Secondary,
which refers to the order in which calls are directed for answering. Primary
PSAPs respond first; Secondary PSAPs receive calls on a transfer basis only, and
generally serve as a centralized answering location for a particular type of
emergency call. PSAPs are staffed by employees of Service Agencies such as
police, fire or emergency medical agencies or by employees of a common bureau
serving a group of such entities.
"Rate Center" means the specific geographic point which has been designated 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 Service. The Rate
Center is the finite geographic point identified by a specific V&H coordinate,
which is used by that LEC to measure, for billing purposes, distance-sensitive
transmission services associated with the specific Rate Center.
196
"Reciprocal Compensation" is As Described in the Act, and refers to the payment
arrangements that recover costs incurred for the transport and termination of
Telephone Exchange Service Traffic.
"Reciprocal Compensation Call" or "Reciprocal Compensation Traffic" means a
Telephone Exchange Service Call completed between the Parties, which qualifies
for Reciprocal Compensation pursuant to the terms of this Agreement and
prevailing Commission or FCC rules that may exist, except that ISP Traffic is
not a Reciprocal Compensation Call or Reciprocal Compensation Traffic.
"Switched Exchange Access Service" means the offering of transmission or
switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service.
"Synchronous Optical Network" means an optical interface standard that allows
inter-networking of transmission products from multiple vendors. 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 Gpbs.
"Telecommunications" is As Defined in the Act.
"Telecommunications Carrier" is As Defined in the Act.
"Telecommunications Service" is As Defined in the Act.
"Telephone Exchange Service" is As Defined in the Act.
"Telephone Exchange Service Call" or "Telephone Exchange Service Traffic" means
a call completed between two Telephone Exchange Service Customers of the Parties
located in the same LATA in the State of New York, originated on one Party's
network (including COVAD's use of unbundled switching) and terminated on the
other Party's facilities-based network where such call was not carried by a
third party as either a presubscribed call (1+) or a casual dialed (10XXX or
101XXXX) call, and where such call is not ISP Traffic.
"Telephone Relay" means a service provided to speech and/or hearing-impaired
callers that enables such callers to type a message into a telephone set
equipped with a keypad and message screen and to have a live operator read the
message to a
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recipient and to type recipient's response message to the speech or
hearing-impaired caller.
Acronyms
"ACD" means Automatic Call Distributor.
"ADSL" means Asymmetrical Digital Subscriber Line.
"AIN" means Advanced Intelligent Network.
"ANI" means Automatic Number Identification.
"BACR" means billing account cross reference.
"BAR" means billing account reference.
"BDFB" means Battery Distribution Fuse Bay.
"BLV" means Busy Line Verification.
"BLVI" means Busy Line Verification and Interrupt.
"CABS" means Carrier Access Billing System.
"CPN" means Calling Party Number.
"CIC" means carrier identification code.
"CCIS" means Common Channel Interoffice Signaling.
"CCL" means common carrier line.
"COS" means class of service.
"DCAS" means Direct Customer Access Service.
"EBCDIC" means extended binary-coded decimal interchange code.
"ECSRRS" means Electronic Customer Service Record Retrieval Service.
"EFT" means electronic funds transfer.
"EMR" means Exchange Message Record.
"HDSL" means High-Bit Rate Digital Subscriber Line.
"INP" means Interim Number Portability.
"ISDN" means Integrated Services Digital Network.
"IPPPs" means Independent Public Payphone Providers.
"ISDN" means Integrated Services Digital Network.
"IXC" means Interexchange Carrier.
"LATA" means Local Access and Transport Area.
"LEC" means Local Exchange Carrier.
"LERG" means Local Exchange Routing Guide.
"LIDB" means Line Information Database.
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"LSO" means Local Serving Office.
"MDF" means Main Distribution Frame.
"MECAB" means Multiple Exchange Carrier Access Billing.
"MECOD" means Multiple Exchange Carriers Ordering and Design.
"MLT" means Mechanized Loop Testing.
"MPB" means meet-point billing.
"NECA" means National Exchange Carrier Association.
"NID" means Network Interface Device.
"NPA" means Numbering Plan Area.
"OBF" means the Ordering and Billing Forum.
"OSDAS" means Operator Services and Directory Assistance Services.
"OSHA" means the Occupational Safety and Health Act.
"OSS" means Operations Support Systems.
"PAL" means Public Access Line.
"POT Bay" means Point of Termination Bay.
"PSAP" means Public Service Answering Point.
"RIC" means residual interconnection charges.
"RLM" means Remote Line Module.
"ROW" means rights of way.
"RSM" means Remote Switching Module.
"SCP" means Service Control Point.
"SMS" means Service Management Systems.
"SONET" means Synchronous Optical Network.
"SPOC" means single point of contact.
"SPOI" means Signaling Points of Interconnection.
"STP" means Signaling Transfer Points.
"TSR" means total service resale.
"WTNs" means working telephone numbers.
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ATTACHMENT 2 - OPERATIONS PLAN & IMPLEMENTATION TEAM
The Parties understand that the arrangements and the provision of services
described in this Agreement shall require technical and operational cooperation
between the Parties. Accordingly, the Parties shall jointly develop a plan (the
"Operations Plan") which shall further define and detail the processes to be
used by the parties in the areas of (1) provisioning and ordering (including pre
order), (2) maintenance, repair and testing, (3) billing and recording, (4)
provision of customer usage data, and (5) network security. The Operations Plan
will include, among other things, provisions concerning the following:
(a) agreement on physical architecture for the interconnection of the
Parties' networks;
(b) the respective duties and responsibilities of the Parties with
respect to the administration and maintenance of interconnection
trunk groups, including but not limited to standards and procedures
for notification and discoveries of trunk disconnects:
(c) disaster recovery provision escalations;
(d) access to all necessary OSS functions, including interfaces and
gateways:
(e) procedures that specify the requisite time period(s) in which XXXX
ATLANTIC shall give COVAD notice and the applicable information and
specifications regarding any changes to interfaces of the OSS
functions;
(f) escalation procedures for provisioning and maintenance;
(g) single points of contact for provisioning and maintenance;
(h) service ordering and provisioning procedures, including provision of
the trunks and facilities;
(i) provisioning and maintenance support;
(j) conditioning of collocation spaces;
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(k) joint engineering and design requirements for high usage situations,
including End Office to End Office trunks.
(l) procedures and processes for Directories and Directory Listings;
(m) service referral procedures, including procedures for handling
misdirected inquiries and calls and procedures for handling
out-of-service or irate Customers;
(n) training;
(o) billing, including measurements, rating and validation process;
(p) network planning components, including system architecture, planning
SONET equipment configuration, fiber hand-off, test and acceptances
of SONET ring, trunking, signaling, interface points, and augment
process;
(q) joint systems readiness and operational readiness plans;
(r) security;
(s) [intentionally omitted]
(t) such other matters as the Parties may agree.
(u) single point of contact for collocation spaces.
The Operations Plan shall provide that operational interfaces will be capable of
supporting orders for all unbundled Network Elements specified in this
Agreement. The initial mutual interconnection of the Parties' networks, and the
provision of unbundled Network Elements, collocation and other services covered
by this Agreement, is not dependent upon completion of the Operations Plan.
Implementation Team.
The Parties agree to form a team (the "Implementation Team") which shall
201
develop and identify those processes, guidelines, specifications, and
standards to be followed in the provision of the services covered by this
Agreement and the specific implementation obligations of each Party.
Within thirty (30) days after the Effective Date of this Agreement or as
mutually agreed to by both parties, each Party shall designate those
persons to be members of the Implementation Team. Those persons designated
by each of the Parties shall only be persons with technical or operational
responsibilities for implementation of this Agreement. At their option,
the Parties may establish such other working groups as they may designate.
The processes described herein and the agreements reached by the Parties
in the Implementation Plan shall not relieve either Party of any
obligations imposed by law.
Implementation Plan.
Within four (4) months after the Effective Date or as mutually agreed to
by both parties, the Implementation Team shall reach agreement on items to
be included in the Implementation Plan, which shall include (i) processes,
procedures, and milestone agreements, (ii) documentation of the various
items described in this Agreement which are to be included in the
Implementation Plan, including the matters specified above, and (iii) any
other matters agreed upon by the Implementation Team.
Action of Implementation Teams.
The Implementation Plan may be modified from time to time by the
Implementation Team as they deem appropriate. If the Implementation Team
is unable to agree upon a change, the then-existing provisions of the
Implementation Plan shall remain in full force and effect.
Further Coordination and Performance.
Except as otherwise agreed upon by the parties, on a mutually agreed-upon
date and time, but not less than once each quarter during the Term of this
Agreement, the Implementation Team shall discuss planning issues, forecast
issues, and the performance of the Parties under this Agreement. At each
such meeting the Parties will discuss: (i) the administration and
maintenance of the interconnections and trunk groups provisioned under
this Agreement, including future plans; (ii) any areas in which
performance may be improved; (iii) any problems that were encountered
during the preceding quarter or anticipated in the upcoming quarter; (iv)
the reasons underlying any such problem and the
202
effects, if any, that such problem had, has or may have on the performance
of the Parties; and (v) the specific steps taken or proposed to be taken
to remedy such problem. Such meeting shall also include an Operational
Review, which shall address the service cycle of pre-ordering, ordering,
provisioning, maintenance and billing, to assure:
(a) that interfaces and processes are operational and that service for
the unbundled Network Elements, as applicable, are successfully
completed;
(b) the accuracy rate for bills for the wholesale xxxx validation
process.
In addition to the foregoing, the Parties through their
representatives on the Implementation Team will meet to discuss any
matters that relate to the performance of this Agreement, as may be
requested from time to time by either of the Parties. If upon such
review it is determined that the requirements of this Agreement are
not being met, either Party may invoke the dispute resolution
procedure described in Section 16 of the General Terms & Conditions
of this Agreement.
203
ATTACHMENT 3
[Intentionally Omitted]
204
ATTACHMENT 4
[Intentionally Omitted]
ATTACHMENT 5
[Intentionally Omitted]
205
ATTACHMENT 6 - BILLING AND RECORDING
1) DEFINITIONS
"CABS" refers to the Carrier Access Billing System which is contained in a
document prepared under the direction of the Billing Committee of the OBF.
The Carrier Access Billing System document is published by Bellcore in
Volumes 1, 1A, 2, 3, 3A, 4 and 5 as Special Reports SR-OPT-001868,
SR-OPT-001869, SR-OPT-001871, SR-OPT-001872, SR-OPT-001873, SR-OPT-001874,
and SR-OPT-001875, respectively, and contains the recommended guidelines
for the billing of access and other services.
"EMR" refers to the Exchange Message Record System used among LECs for
exchanging telecommunications message information for billable,
non-billable, sample, settlement and study data. EMR format is contained
in BR-010-200-010 XXXX Exchange Message Record, published by Bellcore and
which defines the industry standard for exchange message records.
"MECAB" refers to the Multiple Exchange Carrier Access Billing document
prepared under the direction the Billing Committee of the OBF. The
Multiple Exchange Carrier Access Billing document, published by Bellcore
as Special Report SR-BDS-000983, contains the recommended guidelines for
the billing of access and other services provided by two or more LECs
(including LECs and ALEC's), or by one LEC or ALEC in two or more states
within a single LATA.
"MECOD" refers to the Multiple Exchange Carriers Ordering and Design
(MECOD) Guidelines for Access Services- Industry Support Interface, a
document developed under the auspices of the Billing Committee of the OBF.
The MECOD document, published by Bellcore as Special Report SR STS-002643,
establishes recommended guidelines for processing orders for access and
other services which is to be provided by two or more LECS (including LECS
and ALEC's), or by one LEC or ALEC in two or more states within a single
LATA.
"OBF" refers to 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).
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2) GENERAL
a) This Attachment describes the requirements for XXXX ATLANTIC and
COVAD to xxxx and record the charges to each other covered by this
Agreement. XXXX ATLANTIC shall xxxx and record charges to COVAD for
unbundled Network Elements, Reciprocal Compensation, Transient
Tandem, Interim Number Portability and, in addition, XXXX ATLANTIC
shall xxxx record charges in accordance with this Attachment 6. This
Attachment does not apply to services provided for resale under the
PSC No. 915 Tariff.
b) COVAD shall xxxx record charges to XXXX ATLANTIC for Reciprocal
Compensation, Transient Tandem, Interim Number Portability and, in
addition, COVAD shall xxxx record charges in accordance with this
Attachment 6.
c) This Section also describes the Meet Point Billing arrangement
between XXXX ATLANTIC and COVAD.
d) Nothing herein is intended to supersede any provisions in the P.S.C.
915 Tariff.
3) BILLABLE INFORMATION AND CHARGES
a) XXXX ATLANTIC will xxxx and record in accordance with this Agreement
those charges COVAD incurs as a result of COVAD purchasing from XXXX
ATLANTIC unbundled Network Elements, as set forth in this Agreement.
Each xxxx shall be formatted in accordance with CABS and in a few
cases XXXX. It is both parties understanding that a majority of
bills will be in a CABS format. For those XXXX billed services, both
parties will review the practicality of migrating those services
from a XXXX billed format to a CABS billed format. Each such
unbundled Network Element purchased by COVAD shall be assigned a
separate and unique billing code or other descriptive identifier in
the form agreed to by the parties and such code or identifier shall
be provided to COVAD on each xxxx in which charges for such
unbundled Network Element appears. Each such billing code or
identifier shall enable COVAD to identify the unbundled Network
Element(s) as described in Part IV (Pricing Schedule) to this
Agreement ordered by COVAD. Each xxxx shall also set forth the
quantity of each such unbundled
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Network Element, provided and billed to COVAD. All charges billed to
COVAD must indicate the state from which such charges were incurred.
b) XXXX ATLANTIC shall provide COVAD monthly xxxx(s) that include all
charges incurred by and credits and/or adjustments due to COVAD for
those unbundled Network Elements, covered by this Agreement. Each
xxxx provided by XXXX ATLANTIC to COVAD shall include: (1) all
non-usage sensitive charges incurred for the period beginning with
the day after the current xxxx date and extending to, and including,
the next xxxx date, (2) any known unbilled non-usage sensitive
charges for prior periods, (3) unbilled usage sensitive charges for
the period beginning with the last xxxx date and extending up to,
but not including, the current xxxx date, (4) any known unbilled
usage sensitive charges for prior periods, and (5) any known
unbilled adjustments.
c) The Xxxx Date, as defined herein, must be present on each xxxx
transmitted by the parties, must be a valid calendar date and no
more than one calendar year old. Charges contained on a xxxx may be
more than one calendar year old to the extent permitted by law. In
addition, on each xxxx where "Jurisdiction" is identified, local
(Reciprocal Compensation traffic as defined in Attachment 1) shall
be separately identified with the industry standard jurisdictional
indicator.
d) XXXX ATLANTIC shall xxxx COVAD for each unbundled Network Element
supplied by XXXX ATLANTIC to COVAD pursuant to this Agreement at the
rates set forth in this Agreement. XXXX ATLANTIC will xxxx COVAD
based on the actual charges incurred, provided, however, for those
usage based charges where actual charge information is not
determinable by XXXX ATLANTIC because the jurisdiction (i.e.,
interstate, interstate/interLATA, intrastate, intrastate/intraLATA,
local) of the traffic is unidentifiable, the parties will jointly
develop a process to determine the appropriate charges. Measurement
by the parties of terminating usage charges shall be in accordance
with Part 1(e) of the Rate Application Rules in Part IV of this
Agreement.
e) Each party shall provide the other party at no additional charge a
contact person for the handling of any billing questions or problems
that may arise during the implementation and performance of the
terms and conditions of this Attachment.
f) The following arrangements shall apply to call usage detail records
208
provided by one Party ("the Providing Party") to the other
("Receiving Party") using a direct local exchange usage data feed
when the message recording date for such records is over 60 days
old, except as provided in (i) through (iv) below:
(i) The Providing Party shall apply a 0.5% discount ("Late Usage
Discount") to the charge otherwise applicable to the provision of
such records except that the Late Usage Discount shall not apply to
usage records for Unbundled Network Elements until six months after
the Effective Date of this Agreement and shall not apply at all to
Alternate Billed Calls.
(ii) The Late Usage Discount shall also not apply unless the Receiving
Party notifies the Providing Party that it has not received the
usage records within five (5) business days of the time the
Receiving Party discovers, or should have discovered using
reasonable business practices, that it has not received the usage
records.
(iii) The Late Usage Discount shall not apply if the delay in provision of
the usage records is not directly caused by the Providing Company.
(iv) The Late Usage Discount shall only apply where the late usage
hinders the Receiving Party's ability to promptly xxxx its
customers.
4) MEET POINT BILLING ("MPB")
This section applies only when COVAD is a facilities-based carrier
utilizing its own local switch (not unbundled Network Element switching)
i.e. not to the Point of Interconnection unbundled Network Element
arrangements described in Call Flows Diagram Nos. 21-28 (see Part IV). MPB
as addressed in these provisions pertains to those arrangements where the
only tandem switch involved is XXXX ATLANTIC's used solely by XXXX
ATLANTIC. Other tandem arrangements including multiple tandem arrangements
involving the Parties and alternate tandem providers will be addressed by
the Parties in the Operations Plan.
a) COVAD and XXXX ATLANTIC will establish meet-point billing ("MPB")
arrangements in accordance with the Meet Point Billing guidelines
adopted by and contained in the OBF's MECAB and MECOD documents,
except as modified herein. Both parties will use their best
reasonable efforts, individually and collectively, to maintain
provisions in their respective federal and state access tariffs,
and/or provisions within the National Exchange Carrier Association
("NECA") Xxxxxx Xx. 0, or any successor tariff to reflect the MPB
arrangements identified in this Agreement, in MECAB and in
209
MECOD.
b) COVAD and XXXX ATLANTIC each seek to implement the "Multiple
Xxxx/Single Tariff" option (where each party bills separately from
its own tariff). For all traffic covered by the MPB arrangement,
COVAD and XXXX ATLANTIC shall xxxx the IXC's applicable elements, as
specified in d) below, at the rates specified in each party's
tariff. In implementing the "Multiple Xxxx/Single Tariff" scenario
the recording party will provide the records to the other party at
the applicable call usage detail service charges, set forth in Part
IV of this Agreement. The other party will not charge the recording
party for the return of the summary record.
c) XXXX ATLANTIC and COVAD shall provide to each other the billing
name, billing address, and carrier identification code ("CIC") of
the IXCs that may utilize any portion of each other's network in a
COVAD/XXXX ATLANTIC MPB arrangement in order to comply with the MPB
Notification process as outlined in the MECAB document. Each party
shall provide to the other such information in the format and via
the medium that the parties agree. If either party does not
initially record sufficient xxxx detail for any IXC traffic that
will utilize a portion of its network in a COVAD/XXXX ATLANTIC MPB
arrangement, and for whom either party must supply to the other MPB
billing information, each party agrees that it will assist the other
in resolving these billing matters to allow that party to obtain
reimbursement from the IXC by providing as much billing detail as is
available to the other party, and by participating in any studies or
discussions required to obtain supporting detail.
d) XXXX ATLANTIC and COVAD agree that in an MPB arrangement where one
party provides local transport and the other party provides the end
office switching, the party who provides the end office switching is
entitled to xxxx any residual interconnection charges ("RIC") and
common carrier line ("CCL") or loop charges associated with the
traffic. The parties further agree that in those MPB situations
where one party sub-tends the other party's access tandem, the party
providing the access tandem is only entitled to xxxx the entrance
facility charges, access tandem fee and any associated local
transport charges and any applicable tariff charges. The parties
also agree that the party who provides the end office switching is
entitled to xxxx end office switching fees, associated local
transport charges, RIC and CCL or loop charges, as appropriate, and
such other applicable tariff charges. The provisions of this
paragraph 4(d) shall be subject to and in accordance with the
orders, rules and regulations of the FCC, as in effect from time to
time.
210
e) XXXX ATLANTIC and COVAD will record and transmit MPB information in
accordance with the EMR industry standards and in the transmission
medium set forth in this Attachment. XXXX ATLANTIC and COVAD will
coordinate and exchange the billing account reference ("BAR") and
billing account cross reference ("BACR") numbers for the MPB
arrangements described in this Agreement. Each party will notify the
other if the level of billing or other BAR/BACR elements change,
resulting in a new BAR/BACR number.
f) Meet Point Billing Liability:
(i) These liability provisions do not apply to the Point of
Interconnection unbundled Network Element arrangements (see
Part IV,Call Flows Diagram Nos. 21-28) nor do they apply to
arrangements involving alternate tandem providers. Records for
the purpose of this Section 4 mean MPB records which shall
only be provided in EMR industry standard format. Both parties
will monitor and control their recording process to insure
that MPB records are distributed to the other party within 10
calendar days of their creation.
(ii) For a period of six months per tandem, from the time that
COVAD first sends or receives MPB traffic through a XXXX
ATLANTIC tandem which COVAD subtends, the Parties agree that
they will work cooperatively to resolve issues that may arise
pertaining to receipt of billable records and will attempt to
provide each other with billable records or reconstruct
missing records, however, neither Party will be liable to the
other during that time period for failing to provide the other
Party with billable records or missing records.
(iii) For the remainder of the first year per tandem, there will be
a true up in which each Party will look at the number of non
billable or missing records relative to the total records (for
XXXX ATLANTIC total records shall be records associated with
the tandem and for COVAD total records shall be records
associated with the sum of the end offices subtending that
tandem) provided by the other Party during that six month
period. If greater than 15% of the records for that period are
not received or not billable, the recording Party will be
liable for a settlement payment as described in paragraph v
below.
(iv) For the remainder of the Term of the Agreement, there will be
annual true ups in which each Party will look at the number of
non billable or missing records relative to the total records
(for XXXX ATLANTIC total records shall be records associated
with the tandem and for
211
COVAD total records shall be records associated with the sum
of the end offices subtending that tandem) provided by the
other Party during that annual period. If greater than 5% of
the records for that period are not received or not billable,
the recording Party will be liable for a settlement as
described in paragraph v below. At the end of the first annual
true up period, the Parties will review the data and may
mutually agree to change the liability percentages.
(v) For each true up period where settlement payment is required,
the recording Party will provide the receiving Party with a
settlement payment based upon what the estimated MPB revenues
for the receiving party would have been for the missing or
non-billable records. The settlement will not include a)
revenues associated with records where COVAD or its
affiliates, parent or subsidiaries is the interexchange
carrier delivering traffic to or receiving traffic from the
XXXX ATLANTIC tandem, b) calls for which the recording Party
is not responsible for loss of records, or for the records
being non billable (e.g., such as when the records have been
sent by the recording Party but lost by the receiving Party,
or damaged by the receiving Party) or c) where the recording
Party did not receive notification of missing or non billable
records from the receiving Party within the following
timeframes:
1. Two business days from receipt of records that records
are missing from a pack, per switch
2. Seven business days from receipt of records that records
are missing CICs, or contain missing or corrupted data
3. Seven business days from receipt of records that records
were not received based upon a verification of volumes
process per switch (matching the Party's own switch
records with the records received from the recording
Party, and subtracting the difference in the amount of
messages and minutes between the records)
(vi) Any settlement payment made by the recording party under this
Section 4 shall be the sole and exclusive remedy of the
receiving party for damages related directly or indirectly to
these MPB recording arrangements. No other penalties,
liquidated damages, or payments for any breach of these MPB
recording arrangements shall apply.
212
g) Neither COVAD nor XXXX ATLANTIC will charge the other for the
services rendered or for information provided pursuant to Section 4
of this Attachment except those MPB charges specifically set forth
herein. Each party will provide the other a single point of contact
to handle any MPB questions and will not charge for billing
inquiries.
h) Retroactive adjustments such as jurisdictional factor changes by the
IXC switched access customer, if applied, will be passed through to
both parties. The parties will "true up" the revenues by rerating
and reallocating the amounts due or payable to each party. The costs
associated with making these retroactive adjustments shall be
allocated between the parties based upon the relative percentages
that each party had received of the MPB revenues. The parties will
agree on the best method for making the adjustments.
5) COLLOCATION
Collocation (as defined in Part III of this Agreement) billing should
occur on a xxxx with the label Collocation Building Expenses. The CABS
format would mirror the xxxx structure for a Miscellaneous xxxx. The
ongoing fees (described in Part III of this Agreement) for COVAD to
collocate (i.e., space, power, etc.) should be provided for as described
in the existing CABS documents for how to render an Expanded
Interconnection xxxx. For a mechanized CABS xxxx, the Type of Account
field should be populated with a value of "E" as per the CABS
specifications.
6) RECIPROCAL COMPENSATION
a) Charges for Reciprocal Compensation should be billed on a switched
xxxx. In a CABS format, local usage will be separately identified
and displayed in the Usage Sections of the xxxx. The Jurisdiction
Indicator will be the industry standard for Reciprocal Compensation.
The face page of the xxxx will reflect a breakdown of Interstate,
Intrastate and Local (Reciprocal Compensation) dollars. A Summary of
Jurisdiction Charges will be provided at the account level. Further,
the traffic exchanged pursuant to this Attachment shall be measured
for terminating usage charges in actual conversation seconds and
measured for originating usage charges in actual access seconds. The
total conversation seconds and access seconds per chargeable traffic
types shall be totaled for the entire processing cycle and then
rounded to the next whole minute. Reciprocal Compensation for the
termination of this traffic shall be charged at rates specified in
Part IV to this Agreement.
213
b) In lieu of the Reciprocal Compensation arrangement described above
and where permitted by state law or Commission regulation or order,
the Parties may elect to adopt a xxxx and keep compensation
arrangement or such other mutually agreed upon compensation
arrangement.
7) TRANSIENT TANDEM PROCESS AND PRICING
(a) COVAD may use XXXX ATLANTIC's tandem switch to terminate COVAD local
traffic on other local carriers' networks where such local carriers
are connected to the same XXXX ATLANTIC tandem, or to receive local
traffic originating on such other local carriers' networks. This
local traffic will route between local carriers through XXXX
ATLANTIC's tandem switch. When COVAD is the originating carrier
terminating calls to another carrier, COVAD shall be responsible for
paying XXXX ATLANTIC for tandem switching, except to the extent that
COVAD has already paid for tandem switching via the XXXX ATLANTIC
Shared Transport rate, plus a blended charge which reflects a pass
through of monthly Reciprocal Compensation terminating local carrier
charges paid by XXXX ATLANTIC to the terminating local carrier that
is based upon actual local carrier rates in effect for terminating
compensation from the previous month multiplied times actual minutes
of use for the given month. Since the charges for each month are
calculated using actual rates from the previous month, the initial
month under this Agreement will be estimated and based upon a local
study. Parameters will be developed to insure that if actuals are
collected in the month succeeding the initial month which differ
from the estimated value by more than two thousand dollars, XXXX
ATLANTIC will credit COVAD for that amount which COVAD has overpaid
or COVAD will pay XXXX ATLANTIC for that amount which COVAD has
underpaid. The prices for transient tandem switching, including all
applicable associated operations support charges, are set forth in
this Part IV to this Agreement.
(b) When COVAD is the terminating carrier using its own (not unbundled
Network Element) switching facilities, XXXX ATLANTIC shall pay COVAD
all terminating Reciprocal Compensation for local and toll based
upon actual minutes of use and rates in effect for that month. The
Parties will work cooperatively on billing disputes and
uncollectible issues.
214
8) LOCAL NUMBER PORTABILITY
a) In accordance with the terms and conditions set forth in this
Attachment 6, each party shall record and provide to the other all
call detail information associated with a call to a party's local
exchange customer whose telephone number has been ported from the
other party under INP as further described in Section 19 of the
General Terms and Conditions of this Agreement.
b) When an IXC terminates an InterLATA or IntraLATA toll call to either
party's local exchange customer whose telephone number has been
ported from one party to the other, the parties agree that the party
to whom the number has been ported shall receive revenues from those
IXC access charges associated with end office switching, local
transport, RIC and CCL, as appropriate, and such other applicable
charges. The party from whom the number has been ported shall be
entitled only to receive any entrance facility fees, access tandem
fees and appropriate local transport charges, and any INP fees
(i.e., such as RCF charges) set forth in this Agreement. Such access
charge payments will be adjusted to the extent that the paying party
has already paid Reciprocal Compensation for the same minutes of
use. When a call for which access charges are not applicable is
terminated to a party's local exchange customer whose telephone
number has been ported from the other party, the parties agree that
the Reciprocal Compensation arrangements described in this
Attachment shall apply.
215
9) ISSUANCE OF BILLS - GENERAL
a) XXXX ATLANTIC and COVAD will issue all bills for services and
facilities covered by this Agreement in accordance with the terms
and conditions set forth in this Section. XXXX ATLANTIC and COVAD
will establish monthly billing dates ("Xxxx Date") for each Billing
Account Number ("BAN"), as further defined in the CABS documents,
which Xxxx Date shall be the same day month to month. Each BAN shall
remain constant from month to month, unless changed as agreed to by
the parties. Each Party shall provide the other Party at least
thirty (30) calendar days written notice prior to changing, adding
or deleting a BAN. The Parties will provide one billing invoice
associated with each BAN. Each invoice must contain an invoice
number (which will vary from month to month). On each xxxx
associated with a BAN, the appropriate invoice number and the
charges contained on such invoice must be reflected. All bills are
due within the timeframes specified in Section 10.1 and 10.2 of the
General Terms and Conditions of this Agreement
b) Except as otherwise provided below, when XXXX ATLANTIC and COVAD
issue CABS bills they shall contain such billing data and
information in accordance with CABS Version 26.0, or such later
versions of CABS as are published by Bellcore, or its successor. For
meet-point billing arrangements as set forth in Section 4 of this
Attachment, such billing data and information shall also conform to
the standards set forth in the MECAB document, or such later
versions as are adopted by Bellcore, or its successor. For as long
as and to the extent that CABS standards have not been established
with respect to formatting, such billing data and information may be
formatted in a XXXX billed format or in such other format or formats
as shall be reasonable under the circumstances, subject to the
approval of the receiving Party, which approval shall not be
unreasonably withheld. It is both parties understanding that a
majority of bills will be in a CABS format. For those XXXX billed
services, both parties will review the practicality of migrating
those services from a XXXX billed format to a CABS billed format.
XXXX ATLANTIC has indicated that they have not completely adopted
CABS Version 26.0 yet but agree to provide COVAD with a differences
list for any variance from Version 26.0.
c) Payment by the Parties will be based on the full detailed version of
the xxxx. If either party requests an additional copy(ies) of a
xxxx, such party shall pay the other party a reasonable fee per
additional xxxx copy, unless such copy was requested due to errors,
omissions, or corrections or the failure of the
216
transmission to comply with the specifications set forth in this
Agreement.
d) To avoid transmission failures or the receipt of billing information
that cannot be processed, the parties shall provide each other with
their respective process specifications and edit requirements. COVAD
shall comply with XXXX ATLANTIC's processing specifications when
COVAD transmits billing data to XXXX ATLANTIC. XXXX ATLANTIC shall
comply with COVAD's processing specifications when XXXX ATLANTIC
transmits billing data to COVAD. COVAD and XXXX ATLANTIC shall
provide each other reasonable notice if a billing transmission is
received that does not meet such party's specifications or that such
party cannot process. Such transmission shall be corrected and
resubmitted to the other party, at the resubmitting party's sole
expense, in a form that meets the specifications set forth in this
Attachment. The payment due date for such resubmitted transmissions
will be twenty (20) days from the date that the transmission is
received in a form that can be processed and that meets the
specifications set forth in this Attachment.
10) ELECTRONIC TRANSMISSIONS
a) XXXX ATLANTIC and COVAD agree that each party will transmit CABS
billing information and data in the appropriate CABS format
electronically via Connect: Direct (formerly known as Network Data
Mover) to the other party at the location specified by such party.
The parties agree that a T1.5 or 56kb circuit to Gateway for
Connect: Direct is required. COVAD data centers will be responsible
for originating the calls for data transmission via switched 56kb or
T1.5 lines. If XXXX ATLANTIC has an established Connect: Direct link
with COVAD, that link can be used for data transmission if the
location and applications are the same for the existing link.
Otherwise, a new link for data transmission must be established.
XXXX ATLANTIC must provide COVAD its Connect: Direct Node ID and
corresponding VTAM APPL ID before the first transmission of data via
Connect: Direct. COVAD will supply to XXXX ATLANTIC its RACF ID and
password before the first transmission of data via Connect: Direct.
Any changes to either party's Connect: Direct Node ID must be sent
to the other party no later than twenty-one (21) calendar days
before the changes take effect.
b) The following dataset format shall be used as applicable for those
CABS charges transmitted via Connect: Direct in CABS format:
217
Production Dataset
--------------------------------------------------------------------------------
AF25.AXXXXYYY.AZZZ.DDDEE Production Dataset Name
================================================================================
AF25 = Job Naming Convention
--------------------------------------------------------------------------------
AXXXX = Numeric Company Code
--------------------------------------------------------------------------------
YYY = XXXX ATLANTIC Remote
--------------------------------------------------------------------------------
AZZZ = XXX (Revenue Accounting Office)
--------------------------------------------------------------------------------
DDD = BDT (Billing Data Tape with or without CSR)
Or
CSR (Customer Service Record)
--------------------------------------------------------------------------------
EE = 01 thru 31 (Xxxx Period) (optional)
or
GA (US Postal-State Code)
--------------------------------------------------------------------------------
Test Dataset
--------------------------------------------------------------------------------
AF25.ATEST.AXXXX.DDD Test Dataset Name
================================================================================
AF25.ATEST = Job Naming Convention
--------------------------------------------------------------------------------
AXXXX = Numeric Company Code
--------------------------------------------------------------------------------
DDD = BDT (Billing Data Tape with or without CSR)
Or
CSR (Customer Service Record)
--------------------------------------------------------------------------------
11) TAPE OR PAPER TRANSMISSIONS
a) In the event either party does not have Connect: Direct capabilities
upon the effective date of this Agreement, such party agrees to
establish Connect: Direct transmission capabilities with the other
party within the time period mutually agreed and at the establishing
party's expense. Until such time, the parties will transmit billing
information to each other via magnetic tape or paper, as agreed to
by COVAD and XXXX ATLANTIC. Billing information and data contained
on magnetic tapes or paper for payment shall be sent to the parties
at the following locations. The parties
218
acknowledge that all tapes transmitted to the other party via U.S.
Mail or Overnight Delivery and which contain billing data will not
be returned to the sending party.
TO COVAD:
----------------------------------------------------
Tape COVAD
Transmissions via ____________________
U.S. Mail:
att: ________________
----------------------------------------------------
Tape COVAD
Transmissions via _____________________
Overnight
Delivery:
att: ________________
----------------------------------------------------
----------------------------------------------------
Paper COVAD
Transmissions via _____________________
U.S. Mail:
att: ________________
----------------------------------------------------
----------------------------------------------------
Paper COVAD
Transmissions via _____________________
Overnight
Delivery:
att: : ________________
----------------------------------------------------
219
TO XXXX ATLANTIC:
----------------------------------------------------
Tape Transmissions XXXX ATLANTIC
1095 Avenue of the Americas
Xxxxxxxxxx Xxxxx
Xxx Xxxx, XX 00000
Attn: CLEC Billing
----------------------------------------------------
----------------------------------------------------
Paper XXXX ATLANTIC
Transmissions
1095 Avenue of the Americas
Xxxxxxxxxx Xxxxx
Xxx Xxxx, XX 00000
Attn: CLEC Billing
----------------------------------------------------
b) Each Party will adhere to the tape packaging requirements set
forth in this subsection. When a third party is utilized, the
billing party will work to ensure conformance to the tape
packaging requirements set forth in this subsection. In
addition, the Parties shall provide each other reasonable notice
if a billing transmission is received that does not meet such
party's specifications or that such Party cannot process. Such
transmission shall be corrected and resubmitted to the other
Party, at the resubmitting Party's sole expense, in a form that
can be processed. The payment due date for such resubmitted
transmissions will be twenty (20) days from the date that the
transmission is received in a form that can be processed and that
meets the specifications set forth in this Attachment. Each
Party will clearly xxxx on the outside of each shipping container
its name, contact and return address.
c) All billing data transmitted via tape must be provided on a
cartridge (cassette) tape and must be of high quality, conform to
the parties' record and label standards, 9-track, odd parity,
6250 BPI, group coded recording
220
mode and extended binary-coded decimal interchange code ("EBCDIC").
Each reel of tape must be 100% tested with full width certification
and permanent error free at final inspection. COVAD reserves the
right to destroy a tape that has been determined to have
unrecoverable errors. COVAD also reserves the right to replace a
tape with one of equal or better quality.
d) Billing data tapes shall have the following record and label
standards. The dataset serial number on the first header record
of an IBM standard tape label also shall have the following
format.
-----------------------------------------------------
CABS BOS
=====================================================
Record length 225 bytes (fixed length)
-----------------------------------------------------
Blocking factor 84 records per block
-----------------------------------------------------
Block size 18,900 bytes per block
-----------------------------------------------------
Labels Standard IBM Operating
System
-----------------------------------------------------
e) The serial would be determined by the sending company, to meet
IBM standard label format requirements. The dataset name as well
as each party's name, address and contact shall further identify
the tape. The external and internal label should be the same.
f) Tape labels shall conform to IBM OS/VS Operating System Standards
contained in the IBM Standard Labels Manual (GC26-3795-3). IBM
standard labels are 80-character records recorded in EBCDIC, odd
parity. The first four characters identify the labels:
-------------------------------------------------------------------
Volume 1 Volume label
-------------------------------------------------------------------
HDR1 and HDR2 Data set header labels
-------------------------------------------------------------------
EOV1 and EOV2 Data set trailer labels (end-of-volume for
multi-reel files)
-------------------------------------------------------------------
EOF1 and EOF2 Data set trailer labels (end-of-data-set)
-------------------------------------------------------------------
The HDR1, EOV1, and EOF1 labels use the same format and the
HDR2, EOV2, and EOF2 labels use the same format.
221
g) The Standard Volume Label Format (Vol. 1) is described below:
------------------------------------------------------------------
FIELD NAME CONTENTS
------------------------------------------------------------------
Label Identifier The characters "VOL" identify this label as
(3 bytes) a volume label.
------------------------------------------------------------------
Label Number The relative position of this label within a
(1 byte) set of labels of the same type; it is
always a 1 for the IBM standard volume label.
------------------------------------------------------------------
Volume Serial A unique identification code, normally
Number (6 bytes) numeric characters (000001-999999), but may
be alpha-numeric; if fewer than 6
characters, must be left-justified. This
same code should also appear on the external
(flat) surface of the volume for visual
identification.
------------------------------------------------------------------
Reserved (1 byte) Reserved for future use - should be recorded
as blanks.
------------------------------------------------------------------
VTOC Pointer Direct-access volumes only. This field is
(10 bytes) not used for tape volumes and should be
recorded as blanks.
------------------------------------------------------------------
Reserved (10 bytes) Reserved for future use - should be recorded
as blanks.
------------------------------------------------------------------
Owner Name and Indicates a specific customer, person,
Address installation, department, etc., to which the
Code(10 bytes) volume belongs. Any code or name is
acceptable.
------------------------------------------------------------------
Reserved (29 bytes) Reserved for future use - should be recorded
as blanks.
------------------------------------------------------------------
h) The IBM Standard Dataset Label 1 Format (HDR1, EOV1, EOF1) is
described below:
-------------------------------------------------------------------
FIELD NAME CONTENTS
-------------------------------------------------------------------
Label Identifier (3 bytes) Three characters that identify the
label are:
o HDR Header label (at the
beginning of a dataset)
o EOV Trailer label (at the end
of a tape volume, when the
dataset continues on another
volume)
o EOF Trailer label (at the end
of a dataset).
-------------------------------------------------------------------
222
-------------------------------------------------------------------
Label Number (1 byte) The relative position of this label
within a set of labels of the same
type; it is always a 1 for dataset
label 1.
-------------------------------------------------------------------
Dataset Identifier The rightmost 17 bytes of the dataset
(17 bytes) name (includes GnnnnVnn if the dataset
is part of a generation data group).
If the dataset name is less than 17
bytes, it is left-justified and the
remainder of this field is padded with
blanks.
-------------------------------------------------------------------
that BA offers such ULLs to any Telecommunications
Carrier in the state of New York. Nothing in the preceding sentence or elsewhere
in this Section is intended to obligate Xxxx Atlantic to provide ADSL-2W,
HDSL-2W and HDSL-4W ULLs as of a specific date (other than as may be required by
Applicable Laws) or to constitute a waiver of any right Covad
2
may have to obtain such Loops. In the event that a change in Applicable Law
requires Xxxx Atlantic to provide ADSL-2W, HDSL-2W and HDSL-4W ULLs or other
types of DSL-compatible Loops, the Parties will negotiate in good faith a
non-discriminatory, commercially reasonable schedule for the availability of
each such type of Loop consistent with Applicable Law.
4. The Interconnection Agreement is hereby amended by adding the following
Volume Sequence Number A number (0001-9999) that indicates
(4 bytes) the order of volume within the
multi-volume group created at the same
time. This number is always 0001 for
a single volume dataset.
-------------------------------------------------------------------
Dataset Sequence Number A number (0001-9999) that indicates
(4 bytes) the relative position of the dataset
within a multi-dataset group. This
number is always 0001 for a single
dataset organization.
-------------------------------------------------------------------
Generation Number If the dataset is part of a generation
(4 bytes) data group, this field contains a
number from 0001 to 9999 indicating
the absolute generation number (the
first generation is recorded as
0001). If the dataset is not part of
a generation data group, this field
contains blanks.
-------------------------------------------------------------------
223
-------------------------------------------------------------------
Version Number Of If the dataset is part of a generation
Generation (2 bytes) data group, this field a number from
00 to 99 indicating the version number
of the generation (the first version
is recorded as 00). If the dataset is
not part of a generation data group,
this field contains blanks.
-------------------------------------------------------------------
Creation Date (6 bytes) Year and day of the year when the
dataset was created. The date is
shown in the format byyddd where:
o b = blank
o yy = year(00-99)
o ddd = day(001-366)
-------------------------------------------------------------------
Expiration Date (6 bytes) Year and day of the year when the
dataset may be scratched or
overwritten. The data is shown in the
format byyddd where:
o b = blank
o yy = year (00-99)
o ddd = day (001-366)
-------------------------------------------------------------------
Dataset Security (1 byte) A code number indicating the security
status of the dataset is as follows:
o 0 No password
protection
o 1 Password protection
Additional identification
of the dataset is required
before it can be read,
written, or deleted
(ignored if volume is
RACF-defined)
o 3 Password protection
Additional identification
of the dataset is required
before it can be read,
written, or deleted
(ignored if volume is
RACF-defined).
-------------------------------------------------------------------
Block Count (6 bytes) This field in the trailer label shows
the number of data blocks in the
dataset on the current volume. This
field in the header label is always
zeros (000000).
-------------------------------------------------------------------
System Code (13 bytes) Unique code that identifies the system.
-------------------------------------------------------------------
224
-------------------------------------------------------------------
Reserved (7 bytes) Reserved for future use - should be
recorded as blanks.
-------------------------------------------------------------------
i) The IBM Standard Dataset Label 2 Format (HDR2, EOV2, EOF2) always
follows dataset label 1 and contains additional information about
the associated dataset as described below:
--------------------------------------------------------------------
FIELD NAME CONTENTS
--------------------------------------------------------------------
Label Identifier (3 bytes) Three characters that identify the label
are as follows:
o HDR Header label (at the
beginning of a dataset)
o EOV Trailer label (at the
end of a tape volume, when
o the dataset continues on
another volume)
o EOF Trailer label (at the
end of a dataset).
--------------------------------------------------------------------
Label Number (1 byte) The relative position of this label
within a set of labels of the same type;
it is always a 2 for dataset label 2.
--------------------------------------------------------------------
Record Format (1 byte) An alphabetic character that indicates
the format of records in the associated
dataset as follows:
o F Fixed length
o V Variable length
o U Undefined length.
--------------------------------------------------------------------
Block Length (5 bytes) A number up to 32760 that indicates the
block length, in bytes. Interpretation
of the number depends on the following
associated record format in Field 3:
o Format F - Block length
(must be a multiple of the
logical
o record length in Field 5)
o Format V - Maximum block
length (including the 4 byte
o length indicator in the
block)
o Format U - Maximum block
length.
--------------------------------------------------------------------
225
--------------------------------------------------------------------
Record Length (5 bytes) A number that indicates the record
length, in bytes. Interpretation of the
number depends on the following
associated record format in Field 3:
o Format F - Logical record
length
o Format V - Maximum logical
record length (including the
o 4 byte length indicator in
the records)
o Format U - Zeros.
--------------------------------------------------------------------
Tape Density (1 byte) A code indicating the record density of
the tape, as follows:
Recording Density
DEN Value 9-Track Tape
--------- ------------
3 1600 (PE)
4 6250 (GCR)
PE - is for phase encoded mode
GCR - is for group coded recording
mode.
--------------------------------------------------------------------
Dataset Position (1 byte) A code, indicating a volume switch, is
as follows:
0 - No volume switch has occurred
1 - A volume switch previously
occurred.
--------------------------------------------------------------------
Job/Job Step (17 bytes) Identification of the job and job step
that created the dataset. The first 8
bytes contain the name of the job, the
ninth byte is a slash (/), and the final
8 bytes contain the name of the job step.
--------------------------------------------------------------------
Tape Recording Technique A code or blanks indicating the tape
(2 bytes) recording technique used. This field is
recorded as blanks for 9-track tape.
The only technique available for 9-track
tape is odd parity and no translation.
--------------------------------------------------------------------
Control Characters A code indicating whether a control
(1 byte) character set was used to create the
dataset and the type of control
characters used:
A Contains ASCII control
characters
M Contains machine control
characters
b Contains no control
characters.
--------------------------------------------------------------------
226
--------------------------------------------------------------------
Reserved (1 byte) Reserved for future use - should be
recorded as blanks.
--------------------------------------------------------------------
Block Attribute (1 byte) A code indicating the block attribute
used to create the dataset:
B Blocked records
S Spanned records
R Blocked and spanned records
b No blocked and no spanned
records.
--------------------------------------------------------------------
Reserved (8 bytes) Bytes 40-42 - reserved for future use
-should be blanks. Bytes 43-47 - (3420
tape units only) serial number of
creating tape unit. Blank for other
units.
--------------------------------------------------------------------
Checkpoint Dataset In VS2-Release 2, this byte contains the
(1 byte) identifier character C if the dataset is
a checkpoint dataset; the byte is blank
if the dataset is not a check point
dataset or in other releases of the VS
systems.
--------------------------------------------------------------------
Reserved (32 bytes) Reserved for future use - should be
recorded as blanks.
--------------------------------------------------------------------
12) TESTING REQUIREMENTS
a) The Parties shall send xxxx data in the appropriate mechanized
format (e.g., CABS) for testing to ensure that bills can be
processed and that bills comply with the requirements of this
Attachment. After receipt of the test data the receiving Party
will notify the sending party whether or not the billing
transmission meets testing specifications. If the transmission
fails to meet the receiving Party's testing specifications, the
sending Party shall make the necessary corrections. At least one
(1) set of testing data must meet the receiving party's testing
specifications prior to the sending party sending a mechanized
production xxxx for the first time via electronic transmission.
Thereafter, the sending Party may begin sending the receiving
party mechanized production bills on the next Xxxx Date, or
227
within ten (10) days, whichever is later, unless otherwise agreed
to in writing.
b) At least 30 days prior to changing transmission mediums (e.g.,
from paper to mechanized), the sending Party shall send xxxx
data in the appropriate mechanized format for testing to ensure
that the bills can be processed and that the bills comply with
the requirements of this Attachment. The sending party agrees
that it will not send xxxx data in the new mechanized format
until such xxxx data has met the testing specifications as set
forth in this subsection.
c) XXXX ATLANTIC shall provide to COVAD's Company Manager, located
at: COVAD; ________________________________________________,
XXXX ATLANTIC originating or state level company code so that it
may be added to COVAD's internal tables at least thirty (30)
calendar days prior to testing or prior to a change in XXXX
ATLANTIC's originating or state level company code. COVAD shall
provide to the designated XXXX ATLANTIC representative, COVAD's
originating or state level company code so that it may be added
to XXXX ATLANTIC's internal tables at least thirty (30) days
prior to testing or prior to a change in COVAD's originating or
state level company code.
d) During the testing period, each party shall transmit to the other
billing data and information via paper transmission to the
respective addresses as set forth in Section 10 of this Attachment.
Each party shall send test tapes to the other at the following
locations:
-------------------------------------------------------
Test Tapes: COVAD
___________________
___________________
___________________
___________________
___________________
XXXX ATLANTIC
[TO BE DESIGNATED BY
XXXX ATLANTIC IN
WRITING]
-------------------------------------------------------
228
13) ADDITIONAL REQUIREMENTS
a) The parties agree that if they transmit data in a mechanized
format, they will also comply with the following specifications
which are not contained in CABS guidelines but which are
necessary for the parties to process billing information and
data:
(1) The BAN shall not contain embedded spaces or low values.
(2) The Xxxx Date shall not contain spaces or non-numeric values.
(3) Each xxxx must contain at least one detail record.
(4) Any "From" Date should be less than the associated "Thru"
Date and neither date can contain spaces.
(5) The Invoice Number must not have embedded spaces or low
values.
14) [Intentionally Omitted]
15) PAYMENT OF CHARGES
Payments shall be made in U.S. Dollars via a clearing house ("ACH") to
the other party's bank account. At least thirty (30) days prior to the
first transmission of billing data and information for payment, XXXX
ATLANTIC and COVAD shall provide each other the name and address of its
bank, its account and routing number and to whom billing payments
should be made payable. If such banking information changes, each
party shall provide the other party at least sixty (60) days written
notice of the change and such notice shall include the new banking
information. The parties will render payment via ACH (EFT). COVAD will
provide XXXX ATLANTIC with one address to which such payments shall be
rendered and XXXX ATLANTIC will provide to COVAD with only one address
to which such payments shall be rendered. In the event COVAD receives
multiple and/or other bills from XXXX ATLANTIC which are payable on
the same date, COVAD may remit one payment for the sum of all such
bills payable to XXXX ATLANTIC's bank account specified in this
subsection and COVAD will provide XXXX ATLANTIC with a payment advice.
Each Party shall provide the other Party with a contact person for the
handling of billing payment questions or problems.
229
Access bills and bills for Unbundled Network Elements under this
Agreement will be provided as separate bills with separate amounts due.
16) BILLING DISPUTES
a) Billing disputes shall be handled in accordance with the
procedures set forth in Section 10.3 of the General Terms and
Conditions of the Agreement.
b) The Parties agree to establish a process by which closure of a
specific billing period will occur by joint agreement. The
Parties agree that a xxxx closure process will be established
within twelve months of the execution of this Agreement.
17) LATE PAYMENT CHARGES
a) Late payment charges shall be as set forth in Section 10.2 of the
General Terms and Conditions of this Agreement.
18) ADJUSTMENTS
Adjustments for incorrect charges and overcharges shall be set forth in
the appropriate section of the xxxx pursuant to CABS standards and/or
XXXX standards for the billing format being utilized.
230
19) RECORDING OF CALL INFORMATION
a) When COVAD purchases unbundled Network Elements from XXXX
ATLANTIC, the Parties agree to record call information in
accordance with this subsection. To the extent technically
feasible, each Party will record all call detail information
associated with every call originated from or terminated to the
other Party's local exchange customer through each Party's tandem
or end office switches for purposes of either party billing
terminating or originating charges including access charges, to
IXCs, ILEC, CLECs or ICOs, except that in cases where the
receiving Party does not need such data (e.g., Call Flows 2, 4,
7, 10, 11) the recording Party is not required to record all call
detail. These records shall be provided at a Party's request and
shall be formatted pursuant to Bellcore standards and the terms
and conditions of this Agreement. These records shall be
transmitted to the other Party daily in EMR format via Connect:
Direct, provided however that if COVAD and XXXX ATLANTIC do not
have Connect: Direct capabilities, such records shall be
transmitted as the parties agree. XXXX ATLANTIC and COVAD agree
that they will retain, at each Party's sole expense, copies of
all EMR records transmitted to the other Party for at least 45
days after transmission to the other party.
b) XXXX ATLANTIC and COVAD shall provide to each other the billing
name, billing address, and carrier identification code ("CIC") of
the CLEC, ICO or IXCs that may utilize any portion of each
other's network in a COVAD/XXXX ATLANTIC Meet Point Billing,
Reciprocal Compensation or Transient Tandem arrangement. Such
information shall be provided to each other in the format and via
the medium that the parties agree. If either party does not
initially record sufficient xxxx detail for any CLEC, ICO or IXC
traffic that will utilize a portion of its network in a
COVAD/XXXX ATLANTIC Meet Point Billing, Reciprocal Compensation
or Transient Tandem arrangement, and for whom either Party must
supply to the other billing information, each Party agrees that
it will assist the other Party in resolving these billing matters
to allow that party to obtain reimbursement from the CLEC, ICO or
IXC by providing as much billing detail as is available to the
other Party, and by participating in any studies or discussions
required to obtain supporting detail.
c) The Parties agree that they will provide each other a single
person to contact regarding any data exchange problems.
231
232
Page 1
APPENDIX I
CARRIER BILLING MANAGEMENT
COST ESTIMATE BY SUPPORT FUNCTION TO DO COVAD/XXXX ATLANTIC MEET-POINT
BILLING--BASED UPON A ONE YEAR TERM
-------------------------------------------------------------------------------
FUNCTION TIME UNIT COST/
UNIT*
-------------------------------------------------------------------------------
CUSTOMER CARE .75 hr INQUIRY $26.93
o Receive call from IXC or XXXX
ATLANTIC
o.. Log Inquiry into Lotus Notes
o.. Research problem/determine
resolution
o.. Communicate resolution to "TBD" @ that
originator time
o.. If other than $ adjustment,
input change
o.. Collection of delinquent
payments
-------------------------------------------------------------------------------
BILLING ADJUSTMENT .50 hr ADJUSTMENT $17.95
o.. Receive/Initiate call to XXXX
ATLANTIC
o.. Obtain adjustment amount and
authorization
o.. Determine Phrase code or reason
for adjustment
o.. Access Billing System/input
adjustment
o.. Calculation of Late Payment
Penalty, when applicable
o.. Validate adjustment report
o.. Verify Adjustment on Xxxx prior
to release
-------------------------------------------------------------------------------
233
Page 2
-------------------------------------------------------------------------------
RECEIVABLES "SETUP" AND POSTING .50 hr REPORT $17.95
...Receivable "Set-up"
o.. Access Billing System and
create Xxxx rendered report
o.. Send Xxxx Rendered report to
XXXX ATLANTIC (Setup)
-------------------------------------------------------------------------------
...Payment Posting .25 hr PAYMENT $8.97
o.. Receive payment details from
XXXX ATLANTIC
o.. Access Billing System/input
payment details
o.. Determine prior months balances
o.. Validate payment report
o.. Verify payment posted on xxxx
prior to release
-------------------------------------------------------------------------------
BILLING TABLE INPUT AND MAINTENANCE
...Initial One-Time activities or Multiple
inputs TO BE
o.. Receive IXC Profile data; NEGOTIATED
Name/Address/Contact AT THAT
o.. Receive Tariff and Late Payment TIME
Penalty rates from XXXX ATLANTIC
o.. Confirm current NPA/NXX and MPB
%'s with XXXX ATLANTIC
o.. Access Billing System/input
profile, NPA,NXX & MPB %'s,
Tariff and Late Payment Penalty
Rates
o.. Validate profile and table data
-------------------------------------------------------------------------------
234
Page 3
-------------------------------------------------------------------------------
...Maintenance or Single inputs Profile No Charge
o.. Receive "new/changed" IXC .50 hr BAN
Profile data;
Name/Address/Contact All NPA/NXX $8.97
o.. Receive "new/changed" Tariff Oth. TARIFF RATE
and Late Payment rates from .25 xx
XXXX ATLANTIC
o.. Confirm "new/changed" NPA/NXX
and MPB %'s with XXXX ATLANTIC
o.. Access Billing System/input
"new/changed" data
o.. Validate profile and table data
-------------------------------------------------------------------------------
MESSAGE PROCESSING/XXXX CREATION/MAILING MSG TIER
RATE
SCHE-
DULE
-------------------------------------------------------------------------------
DOES NOT INCLUDE ANY COSTS RELATED TO PRE-XXXX CERTIFICATION
235
BA Shared Transport
[GRAPHIC OMITTED]
Shared Transport =
% TDM Routed (LSCTO + CMNxpt1 + TCT1 + TDM Usage + TCT2 + CMNxpt2)
+
% Direct Routed (LSCTO + CMNxpt3)
--------------------------------------------------------------------------------
LOCAL CALLS - INTRASWITCH
--------------------------------------------------------------------------------
UNBUNDLED NETWORK ELEMENTS
When CLECs provide local exchange service through UNE arrangements the call
flows using a single switch are as follows. These scenarios assume that all
CLECs are providing service through UNE and an ILEC switch.
--------------------------------------------------------------------------------
1. ACII UNE Originating and ILEC Terminating
[GRAPHIC OMITTED]
ILEC bills two UNE local switching usage charges to ACII UNE and a Record
Processing Charge
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
2. ILEC Originating and ACII UNE Terminating
[GRAPHIC OMITTED]
Usage charges do not apply to ACII UNE
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
3. ACII UNE Originating and CLEC Terminating
[GRAPHIC OMITTED]
ILEC bills two UNE local switching usage charges to ACII UNE and a Record
Processing Charge. These charges apply regardless of any billing arrangements
between ACII UNE and CLEC UNE.
--------------------------------------------------------------------------------
TOTAL SERVICE RESALE/UNBUNDLED NETWORK ELEMENTS
When one carrier provides local exchange service through a TSR arrangement and
ACII UNE provides local exchange service through UNE arrangements, the call
flows using a single switch are as follows:
--------------------------------------------------------------------------------
4. TSR Originating and ACII UNE Terminating
[GRAPHIC OMITTED]
Usage charges do not apply to ACII UNE
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
5. ACII UNE Originating and TSR Terminating
[GRAPHIC OMITTED]
ILEC bills two UNE local switching usage charges to ACII UNE and a Record
Processing Charge. These charges apply regardless of any billing arrangements
between ACII UNE and CLEC UNE.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
LOCAL CALLS - INTERSWITCH
--------------------------------------------------------------------------------
UNBUNDLED NETWORK ELEMENTS
When ACII UNE and another CLEC provide local exchange service through UNE
arrangements the call flows through two switches are as follows. These scenarios
assume that both the ACII UNE and the other CLEC are providing service through
UNE and ILEC switches:
--------------------------------------------------------------------------------
6. ACII UNE Originating and ILEC Terminating
[GRAPHIC OMITTED]
ILEC bills originating ACII UNE for Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge and a Record Processing Charge.
The Reciprocal Compensation Charge is billed to the originating ACII UNE at the
Meetpoint A rate.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
7. ILEC Originating and ACII UNE Terminating
[GRAPHIC OMITTED]
No usage charges apply to ACII UNE.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
8. ACII UNE Originating and CLEC UNE Terminating
[GRAPHIC OMITTED]
ILEC bills ACII UNE for Local Switching Usage Charge, BA Shared Transport
Charge, Reciprocal Compensation Charge and a Record Processing Charge. The
Reciprocal Compensation Charge is billed to the originating ACII UNE at the
Meetpoint A rate. These charges apply regardless of any billing arrangements
between ACII UNE and CLEC UNE.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
9. ACII UNE Originating and ACII UNE Terminating
[GRAPHIC OMITTED]
ILEC bills originating ACII UNE for Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge and a Record Processing Charge.
The Reciprocal Compensation Charge is billed to the originating ACII UNE at the
Meetpoint A rate. Terminating ACII UNE will not xxxx ILEC reciprocal
compensation charges.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
10. CLEC UNE Originating and ACII UNE Terminating
[GRAPHIC OMITTED]
No usage charges apply to ACII UNE.
--------------------------------------------------------------------------------
TOTAL SERVICE RESALE [LOCAL SERVICES] UNBUNDLED NETWORK ELEMENTS
When a CLEC provides local exchange service using TSR arrangements and ACII UNE
provides local exchange service using UNE arrangements, the call flows between
two switches are as follows:
--------------------------------------------------------------------------------
11. TSR Originating and ACII UNE Terminating
[GRAPHIC OMITTED]
No usage charges apply to ACII UNE.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
12. ACII UNE Originating and TSR Terminating
[GRAPHIC OMITTED]
ILEC bills originating ACII UNE for Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge and a Record Processing Charge.
The Reciprocal Compensation Charge is billed to the originating ACII UNE at the
Meetpoint A rate. These charges apply regardless of the billing arrangements
between ACII UNE and TSR.
--------------------------------------------------------------------------------
UNBUNDLED NETWORK ELEMENTS/FACILITY BASED NETWORK
When ACII UNE provides local exchange service through UNE arrangements and
another CLEC provides local exchange service through its facility based network
(FBN), the call flows are as follows:
--------------------------------------------------------------------------------
13. ACII UNE Originating to CLEC (FBN) Terminating
[GRAPHIC OMITTED]
ILEC will xxxx originating ACII UNE Local Switching Usage Charge, BA Shared
Transport Charge, Co Carrier/FBN Charge at a blended rate (pass thru charge to
the originating end, calculated in accordance with methodology set forth for
transient tandem service in this Part IV and attachment 6) and a Record
Processing Charge. These charges apply regardless of any billing arrangements
between ACII UNE and CLEC B.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
14. CLEC (FBN) Originating to ACII UNE Terminating
[GRAPHIC OMITTED]
No charges shall apply to ACII UNE. ACII UNE shall not charge ILEC Reciprocal
Compensation.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
TOLL CALLS - INTRALATA
--------------------------------------------------------------------------------
UNBUNDLED NETWORK ELEMENTS
When ACII UNE provides local exchange service through UNE arrangements, the
intraLATA call flows are as follows. These scenarios assume that the originating
ACII UNE is also the intraLATA toll provider:
--------------------------------------------------------------------------------
15. ACII UNE Originating to ILEC Terminating
[GRAPHIC OMITTED]
ILEC bills originating ACII UNE for Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge and a Record Processing Charge.
The UNE Reciprocal Compensation Charge is billed to the originating ACII UNE at
the Meetpoint A rate.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
16. ILEC Originating to ACII UNE Terminating
[GRAPHIC OMITTED]
No usage charges apply to ACII UNE. ACII UNE shall not charge ILEC reciprocal
compensation.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
17. ACII UNE Originating to CLEC UNE Terminating
[GRAPHIC OMITTED]
ILEC bills originating ACII UNE for Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge and a Record Processing Charge.
The UNE Reciprocal Compensation Charge is billed to the originating ACII UNE at
the Meetpoint A rate. These charges apply regardless of any billing arrangements
between ACII UNE and CLEC UNE.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
18. ACII UNE Originating to ACII UNE Terminating
[GRAPHIC OMITTED]
ILEC bills originating ACII UNE for Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge and a Record Processing Charge.
The UNE Reciprocal Compensation Charge is billed to the originating ACII UNE at
the Meetpoint A rate. Terminating ACII UNE will not xxxx ILEC Reciprocal
Compensation Charges.
--------------------------------------------------------------------------------
UNBUNDLED NETWORK ELEMENTS/FACILITY BASED NETWORKS
When ACII UNE provides local exchange service through UNE arrangements and
another CLEC provides local exchange service through its facility based network,
the call flows for intraLATA toll calls are as follows:
--------------------------------------------------------------------------------
19. ACII UNE Originating to CLEC (FBN) Terminating
[GRAPHIC OMITTED]
ILEC will xxxx originating ACII UNE Local Switching Usage Charge, BA Shared
Transport Charge, Co Carrier/FBN Charge at a blended rate (pass thru charge to
the originating end calculated in accordance with methodology set forth for
transient tandem service in this Part IV and in attachment 6) and a Record
Processing Charge. These charges apply regardless of any billing arrangements
between ACII UNE and CLEC.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
20. CLEC (FBN) Originating to ACII UNE Terminating
[GRAPHIC OMITTED]
No charges shall apply to ACII UNE. ACII UNE shall not charge ILEC Reciprocal
Compensation.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
TOLL CALLS INTRASTATE/INTERLATA
--------------------------------------------------------------------------------
The following call flows assume that all calls are routed to an IXC point of
presence. The IXC may be the ACII IXC or another, non-affiliated IXC.
UNBUNDLED NETWORK ELEMENTS
When a CLEC provides local exchange service through UNE arrangements, the call
flows for intrastate/interLATA toll calls are as follows:
--------------------------------------------------------------------------------
21. ACII UNE Originating to ACII's IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
22. ACII UNE Originating to a Non-Affiliated IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
23. ACII UNE Terminating from ACII's IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
24. ACII UNE Terminating from Non-Affiliated IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
TOLL CALLS - INTERSTATE
--------------------------------------------------------------------------------
The following call flows assume that all calls are routed to an IXC point of
presence. The IXC may be the CLEC's own IXC or another, non-affiliated IXC.
UNBUNDLED NETWORK ELEMENTS
When a CLEC provides local exchange service through UNE arrangements, the call
flows for interstate toll calls are as follows:
--------------------------------------------------------------------------------
25. ACII UNE Originating to ACII's IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
26. ACII UNE Originating to a Non-Affiliated IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
27. ACII UNE Terminating from ACII's IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
28. ACII UNE Terminating from Non-Affiliated IXC
[GRAPHIC OMITTED]
BA charges ACII UNE one UNE local switching charge, common trunk usage,and a
record processing charge. If IXC has usage based transport, UNE transport
charges apply. If IXC has dedicated transport, no UNE transport charges apply.
ACII UNE bills access charges to IXC. The distribution of IXC access charge
revenues is in accordance with Applicable Laws.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
LOCAL 800 CALLS
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
29. ACII UNE Originating and ILEC Terminating Local
800 Service
[GRAPHIC OMITTED]
No usage charges apply to ACII UNE.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
30. ILEC Originating and ACII UNE Terminating
Local 800 Service
[GRAPHIC OMITTED]
ILEC bills terminating ACII UNE two Local Switching Usage Charges, 800 Database
Query Charge and a Record Processing Charge.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
31. ACII UNE Originating and ILEC Terminating Local
800 Service
[GRAPHIC OMITTED]
No usage charges apply to ACII UNE. ACII UNE shall not charge ILEC Reciprocal
Compensation.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
32. ILEC Originating and ACII UNE Terminating Local 800
[GRAPHIC OMITTED]
ILEC bills terminating ACII UNE Local Switching Usage Charge, BA Shared
Transport Charge, Reciprocal Compensation Charge, 800 Database Query Charge and
a Record Processing Charge. Reciprocal Compensation Charge is billed to
terminating ACII UNE at the Meetpoint A rate.
--------------------------------------------------------------------------------
AMENDMENT TO INTERCONNECTION AGREEMENT
This amendment is made by and between COVAD Communications Co.,
d/b/a COVAD Communications Co., a California corporation, having an office at
0000 Xxxxxxx Xx., Xxxxx Xxxxx, XX 00000 ("COVAD"), and New York Telephone
Company, d/b/a XXXX ATLANTIC, a New York corporation, having an office at 0000
Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ("BA").
WHEREAS, BA and COVAD (individually a "Party" and collectively the
"Parties") have entered into an agreement for the interconnection of their
telecommunication networks (the "Interconnection Agreement") dated December 16,
1997; and
WHEREAS, the Parties desire to amend that agreement 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, BA and COVAD agree as follows:
1. The Interconnection Agreement is hereby amended by deleting the
first three paragraphs of Section 2.9.1(g) and adding the following three
paragraphs at the start of Section 2.9.1(g):
(g) ADSL and HDSL Compatible Local Loops
At COVAD's request, XXXX ATLANTIC will provide ADSL and HDSL
Compatible Local Loops, described in paragraph (4) of this subsection,
after successful completion of a Technical Trial, if necessary, and an
Operational Trial for Two-Wire ADSL, Two-Wire HDSL and Four-Wire HDSL
Compatible Local Loop types. A Technical Trial is required prior to an
Operational Trial; however, the Technical and/or operational Trial may or
may not involve COVAD and may or may not take place in New York. Upon
COVAD's request, XXXX ATLANTIC will advise COVAD as to the status of any
technical and/or operational trial(s) then being conducted or already
completed by XXXX ATLANTIC in any state. The Parties agree that if such
technical or operational trials are being or have been conducted by BA,
then BA shall in its sole discretion decide whether there is a need for a
Technical and/or Operational Trial with COVAD in New York. The ADSL and
HDSL Compatible Local Loops must terminate on a NID at a customer premises
and in COVAD's Collocation space.
For each of the 2-wire ADSL, 2-wire HDSL, and 4-wire HDSL types of
unbundled Local Loops, if XXXX ATLANTIC makes generally available in any
of its service territories in the state of New York an ADSL or HDSL
service that
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utilizes such Local Loop type, or if BA successfully completes a Technical
Trial (whether that provided for in herein or a trial with another
Telecommunications Carrier) for such unbundled Local Loop type, then the
Technical Trial otherwise required by Section 2.9.1(g)(1) will not be
required for such unbundled Local Loop type. XXXX ATLANTIC may also waive
the need for the Operational Trial, and XXXX ATLANTIC will then provide
Covad, and Covad may utilize, such unbundled Local Loop types, subject to
the provisions of section 2.9.1 below. XXXX ATLANTIC shall exercise its
best efforts to utilize all technical data available to it to satisfy its
requirement to conduct a Technical Trial. XXXX ATLANTIC shall share with
COVAD, upon COVAD's written request, the technical trial results related
to potential interference issues of any ADSL or HDSL technical trial that
XXXX ATLANTIC has undertaken with another Telecommunications Carrier in
its service territory, to the extent that the information is not
proprietary to the other Telecommunications Carrier. The results of such
other Technical Trials may be used to satisfy the Technical Trial required
under Section 2.9.1(g)(1).
If a Technical Trial is not required, but XXXX ATLANTIC has
determined that an Operational Trial is necessary, COVAD may request an
Operational Trial in accordance with Section 2.9.1(g)(1), provided that
COVAD agrees to (i) conform to XXXX ATLANTIC's published technical
standards, guidelines or procedures that result from other technical
trials or that are used in the general deployment of such service(s), and
(ii) use technology that is substantially similar to that underlying the
technical data subject to the other technical trials, relied on by XXXX
ATLANTIC, or used in the general deployment of such service(s).
This Amendment becomes effective upon signature by each of the
Parties, and may be executed in counterparts.
COVAD Communications Co. NEW YORK TELEPHONE Company
By: By:
------------------------------ -------------------------------
Printed: Xxxxxxx X. XxXxxx Printed: Xxxxx X. Xxxxxxxx
------------------------ -------------------------
Title: President and CEO Title: President - Telecom
-------------------------- ---------------------------
Industry Services
---------------------------
Date: Date:
---------------------------- ----------------------------
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AMENDMENT TO INTERCONNECTION AGREEMENT
This amendment is made by and between New York Telephone Company,
d/b/a/ Xxxx Atlantic-New York ("BA"), a New York corporation with offices at
0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 and COVAD Communications
Co., d/b/a COVAD ("COVAD"), a California corporation with offices at 0000
Xxxxxxx Xxxxxxxxxx, Xxxxx Xxxxx, XX 00000-0000.
WHEREAS, BA and COVAD (individually a "Party" and collectively the
"Parties"), have entered into an Interconnection Agreement (the "Interconnection
Agreement") dated December 16, 1997; and
WHEREAS, the Parties desire to amend that agreement 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, BA and COVAD agree as follows:
1. The Interconnection Agreement is hereby amended by adding the following as
Section 2.6 of Part III:
2.6 Covad may collocate Digital Subscriber Line Access Multiplexers
("DSLAM"s) in its collocated space, subject to the requirements of this Section.
Covad may install any equipment allowed by Applicable Laws, including Remote
Switching Modules ("RSM"s) and DSLAMs in its Collocation space unless and until
the FCC, the Commission, or a court of competent jurisdiction determines that
incumbent LECs need not permit Collocation of such equipment, in which event BA
must allow Covad a reasonable transition period for removing, replacing or
modifying such equipment, or for otherwise negotiating a mutually satisfactory
alternative arrangement with BA. Covad agrees that any such equipment must
comply with National Equipment Building System ("NEBS") Level III. Covad agrees
that such RSM or DSLAM equipment as may be collocated at BA premises will not be
used to provide switching functionality unless such use is specifically approved
by the Commission.
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BA will permit Covad to install, maintain, repair and use ATM
cross-connect equipment in BA Premises where Covad has established a physical
Collocation arrangement, provided that such equipment will be used to support
pre-defined point-to-point Private Virtual Connections ("PVC"s) between the
Premises-collocated equipment and other points off BA's network. The ATM
cross-connect equipment shall be used exclusively for aggregating and
transporting traffic and will not under any circumstances be used for dynamic
routing or switching of traffic. BA shall have the right at its own expense to
audit Covad's use of such collocated equipment, and if it finds that Covad is
using the equipment for switching of Local Traffic or other uses prohibited
hereunder, BA may either invoke the dispute resolution provisions of this
Agreement, or notify Covad in writing and Covad shall then remove such equipment
from BA's Premises.
2. The Interconnection Agreement is hereby amended by adding the following as
Section 2.7 of Part III:
2.7 Collocation shall be made available to Covad on BA Premises as
required by Applicable Law and in a manner that is at parity to the priorities
that BA provides to persons who are permitted to collocate, including BA's
Affiliates that are required to collocate. Pursuant to applicable Tariff, or to
Schedule 2.7 until such time as an approved Tariff is effective, BA will provide
Covad with shared cage Collocation, in which Covad can collocate equipment in
another collocating entity's physical Collocation arrangement. Upon request by
Covad for shared cage Collocation, the Parties will negotiate expeditiously and
in good faith to resolve any operational, provisioning and billing issues that
are not covered by an applicable Tariff or Schedule 2.7. Notwithstanding any
other provision of this Agreement, BA will provide Covad with alternative
Collocation arrangements (including "cage-less" physical Collocation) to the
extent that such arrangements are required by Applicable Law, and may consider
other alternative arrangements proposed by Covad. BA shall provide Collocation
at additional locations for placement of equipment necessary for Interconnection
or for access to unbundled Network Elements to the extent required by Applicable
Law.
3. The Interconnection Agreement is hereby amended by adding the following as
Section 2.11 in Part II:
2.11 The unbundled Network Elements and rates specified in this Agreement
shall be made available by BA to Covad purusant to and to the extent required by
Applicable Law. Unless otherwise provided in this Agreement, the unbundled
Network Elements specified in this Agreement shall be made available by BA to
Covad for ordering and provisioning on the Effective Date. To the extent
required by Applicable Law, and notwithstanding anything to the contrary in this
Section, BA will offer Covad nondiscriminatory access to ADSL-2W, HDSL-2W, and
HDSL-4W ULLs to the extent that BA offers such ULLs to any Telecommunications
Carrier in the state of New York. Nothing in the preceding sentence or elsewhere
in this Section is intended to obligate Xxxx Atlantic to provide ADSL-2W,
HDSL-2W and HDSL-4W ULLs as of a specific date (other than as may be required by
Applicable Laws) or to constitute a waiver of any right Covad
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may have to obtain such Loops. In the event that a change in Applicable Law
requires Xxxx Atlantic to provide ADSL-2W, HDSL-2W and HDSL-4W ULLs or other
types of DSL-compatible Loops, the Parties will negotiate in good faith a
non-discriminatory, commercially reasonable schedule for the availability of
each such type of Loop consistent with Applicable Law.
4. The Interconnection Agreement is hereby amended by adding the following as
Schedule 2.7:
SCHEDULE 2.7
COLLOCATION: SHARED CAGE ARRANGEMENT
1. Service Description
(A) Shared Cages provide an additional option to Covad for
Interconnection and access to unbundled Network Elements. Shared
Cages refers to an arrangement in which a Collocation node is shared
by two CLECs purusant to terms and onditions agreed to by those
CLECs.
(B) For established collocation nodes, the initial CLEC is the
"Collocator of Record" ("COR"), or "host" collocator; the other
collocator participating in the sharing arrangement is referred to
in this Agreement as the "guest". When two collocators request
establishment of a new Collocation node, to be used as a Shared
Cage, one of the participating CLECs must agree to be the COR and
the other to be the guest. The host collocator is BA's customer, and
has all of the rights and obligations applicable under this
Agreement and the applicable Tariff to CLECs purchasing
Collocation-related services, including, without limitation, the
obligation to pay all applicable charges, whether or not the COR is
reimbursed for all or any portion of such charges by the guest.
Neither this Agreement, nor any actions taken by BA or the COR in
compliance with this Agreement or the applicable Tariff, shall
create a contractual, agency, or any other type of relationship
between BA and the guest collocator in a sharing arrangement; and BA
does not assume any liability or obligation to the guest for any
actions of the COR. The two involved collocators are solely
responsible for determining whether to share a cage, and if so upon
what terms and conditions.
2. Shared Cage Arrangement
(A) The host CLEC must notify BA in writing of its intention to share
its cage space and provide BA with a certificate of insurance from
the guest before the guest occupies the cage.
(B) All orders for Telecommunications Services or unbundled Network
Elements must be placed by or on behalf of the COR. The host and
guest may agree that such orders may be placed by the guest on
behalf of the host, but in such case BA must be provided with an
acceptable Letter of Authorization explicitly authorizing the guest
to place such orders. Where an order is placed by the guest in
conformity with this section BA will send bills for the ordered
services to the guest, and will
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accept payments from the guest on the COR's account. Notwithstanding
such ordering and billing arrangements, the obligation to pay BA for
such services remains exclusively with the COR, regardless of
whether the guest complies with its obligations under its contract
with the COR to make payments to the COR or to BA. BA may pursue any
available rights and remedies against the COR in the event of
non-payment, without first seeking payment from the guest,
regardless of whether the services for which payment is due are
being used by the COR or by the guest.
(C) All terms and conditions for Physical Collocation as described in
applicable Tariffs and in Section 13.0 of this Agreement will apply.
In addition, the following terms and conditions will apply to shared
cages:
(1) The guest must be a CLEC.
(2) The host and guest must each be collocating for the purpose of
interconnecting to BA or accessing BA's unbundled Network Elements.
(3) In its use of a Shared Cage, the guest must comply with the same
BA rules and regulations and municipal/zoning regulations as are
applicable to the COR.
(4) The COR assumes the responsibility for the guest's violation of
all Tariff regulations and other requirements related to a Shared
Cage arrangement, and will be liable for any damage or injury to BA
caused by the conduct of the guest, to the same extent as the COR
would be liable if it had engaged in such conduct itself. The COR
will also indemnify BA against any third-party claims resulting from
the guest's conduct, to the same extent as it would be responsible
for such indemnification if it had engaged in such conduct itself.
(5) The host and guest will participate in Method of Procedure (MOP)
meetings detailing the installation work to be performed by the
guest. This shall be completed for all Physical Collocation
equipment installation. The host shall prominently display the
signed MOP at the multiplexing node while any installation functions
are performed.
(6) The host must provide BA's designated representative(s) with a
list of the names of all technicians who will need access to the
Shared Cage for support, maintenance and repair purposes. The host
is responsible for supplying such representative(s) with the
required completed non-employee ID badge application forms and all
appropriate indentification material for its employees/agents as
well as those of the guest.
(7) BA will issue only one identifying cage and POT Bay CLLI code
and provide it to the host. The host will assume connecting facility
assignment (CFA) responsibilities.
(8) All occupancy and specific cage construction communications
(e.g., cage augments, cage access or deployment requirements) will
be between the host and BA as specified in this Agreement.
(9) The host will remain responsible for all costs associated with
the cage (e.g., cage construction, POT Bay installation). BA will
not split xxxx any of the rate elements associated with the
Collocation cage between the host and its tenant (e.g., recurring
square foot charges, power, cable racking).
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This Amendment becomes effective upon signature by each of the Parties,
and may be executed in counterparts.
NEW YORK TELEPHONE COVAD
COMPANY COMMUNICATIONS CO.
By: By:
------------------------------------ --------------------------------
Printed: Xxxxxxx X. Xxxxxxx Printed: Xxxxx Xxxxxx
------------------------------ --------------------------
Title: Vice President - Interconnection Title: V.P. - General Counsel
-------------------------------- ----------------------------
Services Policy & Planning
--------------------------------
Date: 12/9/98 Date: 12/4/98
--------------------------------- -----------------------------
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