THIS INTERCONNECTION AGREEMENT is made by and between BellSouth Telecommunications, Inc. d/b/a AT&T Alabama, AT&T Florida, AT&T Georgia, AT&T Kentucky, AT&T Louisiana, AT&T Mississippi, AT&T North Carolina, AT&T South Carolina, and AT&T Tennessee (“AT&T” or “AT&T-9STATE”) and Sprint Communications Company Limited Partnership and Sprint Communications Company L.P. (collectively referred to as “Sprint”), a Delaware Limited Partnership (‘the Agreement”). This Agreement may refer to either AT&T or Sprint or both as a “Party” or “Parties”, and is made effective on TBD (“Effective Date”). All rates in this Agreement are made effective thirty (30) calendar days following the date of the last signature of the Parties.
WHEREAS, AT&T is an Incumbent Local Exchange Carrier (“ILEC”) authorized to provide Telecommunications Services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; and
WHEREAS, Sprint CLEC is a non-incumbent or “competitive” Local Exchange Carrier (“CLEC”) authorized to provide Telecommunications Services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; and
WHEREAS, the Act places certain duties and obligations upon, and grants certain rights to Telecommunications Carriers; and
WHEREAS, Sprint is a Telecommunications Carrier and has requested that AT&T-9STATE negotiate an Agreement with Sprint for the provision of Interconnection, Unbundled Network Elements, and Ancillary Functions as well as Telecommunications Services for resale services, pursuant to the Telecommunications Act of 1996 (the “Act”) and in conformance with AT&T- 9STATE’s duties under the Act; and
WHEREAS, the Parties want to Interconnect their networks at mutually agreed upon Points of Interconnection to provide Telephone Exchange Services and Exchange Access to residential and business End Users over their respective Telephone Exchange Service facilities in the state or states which are subject to this Agreement; 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 the Parties will Interconnect their networks and facilities and provide to each other services as required by the Telecommunications Act of 1996 as specifically set forth herein; and
NOW THEREFORE, in consideration of the terms and agreements contained herein, AT&T-
9STATE and Sprint mutually agree as follows:
1. Purpose and Scope
This Agreement specifies the rights and obligations of the parties with respect to the implementation of their respective duties under Sections 251 and 252 of the Act.
1.2 Telecommunications or Information Service. This Agreement may be used by either Party to exchange Telecommunications Service or Information Service.
1.3 Interconnected VoIP Service. The FCC has yet to determine whether Interconnected VoIP service is Telecommunications Service or Information Service. Notwithstanding the foregoing, this Agreement may be used by either Party to exchange Interconnected VoIP Service traffic.
1.4 Sprint Wholesale Services. This Agreement may be used by Sprint to exchange traffic associated with jointly provided Authorized Services to a subscriber through Sprint wholesale arrangements with third-party providers ("Sprint Third Party Provider(s)"). Subscriber traffic of a Sprint Third Party Provider ("Sprint Third Party Provider Traffic") is not Transit Service traffic under this Agreement. Sprint Third Party Provider Traffic traversing the Parties' respective networks shall be deemed to be and treated under this Agreement (a) as Sprint traffic when it originates with a Sprint Third Party Provider subscriber and either (i) terminates upon the AT&T-9STATE network or (ii) is transited by the AT&T-9STATE network to a Third Party, and (b) as AT&T-9STATE traffic when it originates upon AT&T-9STATE’s network and is delivered to Sprint's network for termination. Although not anticipated at this time, if Sprint provides wholesale services to a Sprint Third Party Provider that does not include Sprint providing the NPA-NXX that is assigned to the subscriber, Sprint will notify AT&T-9STATE in writing of any Third Party Provider NPA-NXX number blocks that are part of such wholesale arrangement.
1.5 Affiliates and Network Managers
1.5.1 Nothing in this Agreement shall prohibit Sprint from enlarging its wireless network through the use of a Sprint Affiliate or management contracts with non- Affiliate third parties (hereinafter “Network Manager(s)”) for the construction and operation of a wireless system under a Sprint or Sprint Affiliate license. Traffic traversing such extended networks shall be deemed to be and treated under this Agreement (a) as Sprint traffic when it originates on such extended network and either (i) terminates upon the AT&T-9STATE network or (ii) is transited by the AT&T-9STATE network to a Third Party, and (b) as AT&T-9STATE traffic when it originates upon AT&T-9STATE’s network and terminates upon such extended
network. All billing for or related to such traffic and for the interconnection facilities provisioned under this Agreement by AT&T-9STATE to Sprint for use by a Sprint Affiliate or Network Managers under a Sprint or Sprint-Affiliate license will (a) be in the name of Sprint, (b) identify the Sprint Affiliate or Network Manager as applicable, and (c) be subject to the terms and conditions of this Agreement; and, Sprint will remain liable for all such billing hereunder. To expedite timely payment, absent written notice to the contrary from Sprint, AT&T- 9STATE shall directly xxxx the Sprint Affiliate or Network Manager that orders interconnection facilities for all charges under this Agreement associated with both the interconnection facilities and the exchange of traffic over such facilities.
1.5.2 A Sprint Affiliate or Network Manager identified in Exhibit A may purchase on behalf of Sprint, services offered to Sprint in this Agreement at the same rates, terms and conditions that such services are offered to Sprint provided that such services should only be purchased to provide Authorized Services under this Agreement by Sprint, Sprint’s Affiliate and its Network Managers. Notwithstanding that AT&T-9STATE agrees to xxxx a Sprint Affiliate or Network Manager directly for such services in order to expedite timely billing and payment from a Sprint Affiliate or Network Manager, Sprint shall remain fully responsible under this Agreement for all services ordered by the Sprint Affiliate or Network Manager under this Agreement.
1.5.3 Upon Sprint’s providing AT&T9-State a ten-day (10) day written notice requesting an amendment to Exhibit A to add or delete a Sprint Affiliate or Network Manager, the parties shall cause an amendment to be made to this Agreement within no more than an additional thirty (30) days from the date of such notice to effect the requested additions or deletions to Exhibit A.
1a Scope of Obligations:
1a.1 Notwithstanding anything to the contrary contained herein, AT&T-9STATE’s obligations under this Agreement shall apply only to the specific operating area(s) or portion thereof in which AT&T-9STATE is then deemed to be the ILEC under the Act (the “ILEC Territory”), and only to the extent that the CLEC is operating and offering service to End Users identified to be residing in such ILEC Territory; and assets that AT&T-9STATE owns or leases and which are used in connection with AT&T-9STATE’s provision to CLEC of any Interconnection Services provided or contemplated under this Agreement, the Act or any tariff or ancillary agreement referenced herein (individually and collectively, the “ILEC Assets”).
1a.2 This Agreement sets forth the terms and conditions pursuant to which AT&T-9STATE agrees to provide CLEC with access to 251(c)(3) UNEs, Collocation under Section 251(c)(6), Interconnection under Section 251(c)(2) and/or Resale under Section 251(c)(4) in AT&T- 9STATE’s incumbent local Exchange Areas for the provision of CLEC's Telecommunications Services. The Parties acknowledge and agree that AT&T-9STATE is only obligated to make available 251(c)(3) UNEs, Collocation under Section 251(c)(6), Interconnection under Section
251(c)(2) and/or Resale under Section 251(c)(4) to CLEC in AT&T-9STATE’s incumbent local Exchange Areas. AT&T-9STATE has no obligation to provide such 251(c)(3) UNEs, Collocation, Interconnection and/or Resale, to CLEC for the purposes of CLEC providing and/or extending service outside of AT&T-9STATE’s incumbent local Exchange Areas. In addition, AT&T-9STATE is not obligated to provision 251(c)(3) UNEs or to provide access to (251(c)(3) UNEs, Collocation under Section 251(c)(6), Interconnection under Section 251(c)(2) and/or Resale under Section 251(c)(4) and is not otherwise bound by any 251(c) obligations in geographic areas other than AT&T-9STATE’s incumbent local Exchange Areas. Therefore, the Parties understand and agree that the rates, terms and conditions set forth in this Agreement shall only apply to the Parties and be available to CLEC for provisioning Telecommunication Services within an AT&T-9STATE incumbent local Exchange Area(s) in the State in which this Agreement has been approved by the relevant state Commission and is in effect.
1a.3 Throughout this Agreement, wherever there are references to Unbundled Network Elements that are to be provided by AT&T-9STATE under this Agreement, the Parties agree and acknowledge that their intent is for the Agreement to comply with Section 1a.2 above, and require only the provision of Section 251(c)(3) UNEs.
2. Term of the Agreement
2.1 The initial term of this Agreement in a given state in which AT&T-9STATE operates is three (3) two (2) years from the date that the Agreement is approved by the Commission in that state (Initial Term”) and shall expire as of [TBD] thereafter automatically renew on a year-to-year basis (“Renewal Term”). The Initial Term and a Renewal Term are respectively referred to herein as the Term. Upon mutual agreement of the Parties, the term of this Agreement may be extended. If as of the expiration of this Agreement, a Subsequent Agreement (as defined in Section 3.1 below) has not been executed by the Parties, this Agreement shall continue on a month-to- month basis.
2.2 Termination for Nonperformance or Breach:
2.2.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection Services provided pursuant to this Agreement, at the sole discretion of the terminating Party, Upon Commission approval, a Party (“Non-Defaulting Party”) may terminate this Agreement to the extent authorized by the Commission. if the other Party (“Defaulting Party”) either: a) fails to perform a material obligation or breaches a material term of this Agreement and fails to cure such nonperformance or breach within sixty (60) calendar days after written notice thereof then the terminating Party will provide a subsequent written Notice of the termination of this Agreement and such termination shall take effect immediately upon delivery of written Notice to the other Party; or, b) at any time during the term of this Agreement, AT&T-9STATE is unable to contact Sprint pursuant to the notices provision hereof or any other contact information provided by Sprint under this Agreement, and there are no active services being provisioned under this Agreement, then AT&T-9STATE may, at its discretion, terminate this Agreement, without any liability whatsoever, upon sending of notification to CLEC pursuant to the Notices section hereof.
2.3 Termination of Agreement after Initial Term Expiration
2.3.1 Where Sprint has no End Users or is no longer purchasing any services under this Agreement Sprint may terminate the Agreement by providing “notice of termination” to AT&T-
9STATE at any time after the initial term of this Agreement. After termination the Parties’ liability for termination of this Agreement shall be limited to obligations under the Survival Section of this General Terms and Conditions.
2.3.2 2.3.1 Where Sprint has End Users and/or is purchasing Interconnection products and/or services under this Agreement and either Party seeks to terminate this the Agreement is terminated by mutual consent or pursuant to Section 2.2, Sprint shall cooperate in good faith to effect an orderly transition of service under this Agreement. Unless termination results from the wrongful conduct of AT&T, Sprint shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users are transitioned to a new Telecommunication Carrier upon termination of the Term of this Agreement.
2.3.3 2.3.2 If at any time within one hundred eighty (180) days or any time thereafter of the expiration of the Term, if either Party serves ”notice of termination”, the Party who receives such notice shall have ten (10) calendar days to provide the noticing Party with written confirmation, indicating whether the Party who receives notice wishes to pursue a successor agreement or terminate the Agreement. When Sprint receives notice of termination from AT&T-9STATE, Sprint shall identify the action to be taken in each of the applicable state(s). If Sprint wishes to pursue a successor agreement with AT&T-9STATE, Sprint shall attach to its written confirmation or notice of termination, a written request to commence negotiations with AT&T-9STATE under Sections 251/252 of the Act and identify each of the state(s) to which the successor agreement will apply. Upon receipt of Sprint’s Section 252(a)(1) request, the Parties shall commence good faith negotiations for a successor agreement a notice to re-negotiate or terminate the Agreement (“Notice”) in a given State in which AT&T-9STATE operates (“Noticing Party”), the Party who receives such Notice (“Receiving Party”) shall have thirty (30) calendar days to provide the Noticing Party written confirmation (“Response”) indicating whether the Receiving Party wishes to a) continue to use the existing Agreement, b) negotiate modifications or a replacement agreement, which in either case would constitute a Subsequent Agreement (“Subsequent Agreement”), or c) proposes, or agrees to a proposed. termination of the Agreement. Upon receipt of the Response, the Noticing Party shall have fifteen (15) days to provide a written reply (the “Reply”) to the Receiving Party indicating whether the Noticing Party will d) continue to use the existing Agreement, e) desires a Subsequent Agreement, or f) agrees to a proposed termination, If the Response and Reply do not reflect mutual consent to either terminate the Agreement or that it continue in its present form without modification, then the Response and Reply shall be treated as the Parties’ mutual written request to commence negotiations for a Subsequent Agreement under Sections 251/252 of the Act in each of the state(s) in which the Subsequent Agreement will apply (“Mutual Negotiation Request”). The date of such Mutual Negotiation Request for the purpose of initiating the statutory one hundred thirty-five (135) day negotiation window shall be the date the Receiving Party receives the Reply, and the Parties shall thereafter promptly commence good faith negotiations for a Subsequent Agreement for such State(s).
the Party who receives such notice (“Receiving Party”) shall have thirty (30) ten (10) calendar days to provide the noticing Party with written confirmation (“Response”), indicating whether the Receiving Party who receives notice wishes to pursue a successor agreement or terminate the Agreement to a) continue to use the existing Agreement, b) negotiate modifications or a replacement agreement, which in either case would constitute a Subsequent Agreement (“Subsequent Agreement”), or c) proposes, or agrees to a proposed. termination of the Agreement. Upon receipt of the Response, the Noticing Party shall have fifteen (15) days to provide a written reply (the “Reply”) to the Receiving Party indicating whether the Noticing Party will d) continue to use the existing Agreement, e) desires a Subsequent Agreement, or f) agrees to a proposed termination, If the Response and Reply do not reflect mutual consent to either terminate the Agreement or that it continue in its present form without modification, then the Response and Reply shall be treated as the Parties’ mutual written request to commence negotiations for a Subsequent Agreement under Sections 251/252 of the Act in each of the state(s) in which the Subsequent Agreement will apply (“Mutual Negotiation Request”). The date of such Mutual Negotiation Request for the purpose of initiating the statutory one hundred thirty-five (135) day negotiation window shall be the date the Receiving Party receives the Reply, and the Parties shall thereafter promptly commence good faith negotiations for a Subsequent Agreement for such State(s).
When Sprint receives notice of termination from AT&T-9STATE, Sprint shall identify the action to be taken in each of the applicable state(s). If Sprint wishes to pursue a successor agreement with AT&T-9STATE, Sprint shall attach to its written confirmation or notice of termination, a written request to commence negotiations with AT&T-9STATE under Sections 251/252 of the Act and identify each of the state(s) to which the successor agreement will apply. Upon receipt of Sprint’s Section 252(a)(1) request, the Parties shall commence good faith negotiations for a success agreement.
2.3.3 The Parties shall continue to provide services to one another pursuant to the rates, terms and conditions set forth in this Agreement until a Subsequent Agreement becomes effective between the Parties, or the Agreement is terminated pursuant to either mutual agreement of the Parties or Section 2.2. Neither Party shall refuse to provide services to the other Party during the negotiation of a successor agreement Subsequent Agreement or the transition from this Agreement to a successor agreement Subsequent Agreement.
2.3.4 If the Parties are in “Active Negotiations” (negotiations within the statutory clock established in the Act under Section 252(b)) or have filed for arbitration with the Commission, AT&T-9STATE shall continue to offer services to Sprint pursuant to the rates, terms and conditions set forth in this Agreement until a successor agreement becomes effective between the Parties.
2.4 If an arbitration proceeding has been filed in accordance with Section 252 of the Act and if the Commission does not issue its order prior to the expiration of this Agreement, this Agreement shall be deemed extended on a month-to-month basis until the successor agreement becomes effective. The terms of such successor agreement Subsequent Agreement shall be effective as of the effective date stated in such successor agreement Subsequent Agreement and shall not be applied retroactively to the expiration date of this Agreement unless the Parties agree otherwise.
2.5 If good-faith negotiations do not result in a negotiated Subsequent Agreement, and neither Party files for arbitration within the statutory clock established in the Act under Section 252(b) (or, a mutually agreed extension thereof), then the Agreement shall continue on its original year-to-year basis as provided in Section 2.1 subject to either Party sending a new, timely Notice to re-negotiate or terminate the Agreement as provided in Section 2.3.2.
2a.1 Referenced Documents:
2a.1.1 Any reference throughout this Agreement to an industry guideline, AT&T- 9STATE’s technical guideline or referenced AT&T-9STATE business rule, guide or other such document containing processes or specifications applicable to the services provided pursuant to this Agreement, shall be construed to refer to only those provisions thereof that are applicable to these services, and shall include any successor or replacement versions thereof, all as they are amended from time to time and all of which are incorporated herein by reference, and may be found at AT&T’s CLEC Online website.
2a.2.1 References herein to Sections, Paragraphs, Attachments, Exhibits, Parts and Schedules shall be deemed to be references to Sections, Paragraphs, Attachments and Parts of, and Exhibits, Schedules to this Agreement, unless the context shall otherwise require.
2a.3 Tariff References:
2a.3.1 References to state tariffs throughout this Agreement shall be to the currently effective tariff for the state or jurisdiction in which the services were provisioned; provided however, where certain AT&T-9STATE services or tariff provisions have been or become deregulated or detariffed, any reference in this Agreement to a detariffed or deregulated service or provision of such tariff shall be deemed to refer to the service description, price list or other agreement pursuant to which AT&T-9STATE provides such services as a result of detariffing or deregulation.
2a.3.2 Wherever the term “customer” is used in connection with AT&T-9STATE’s retail tariffs, the term “customer” means the ultimate consumer or the End User of any tariffed service.
2a.3.3 No reference to tariffs in this Agreement shall be interpreted or construed as permitting CLEC to purchase Interconnection Services, under such tariff. Except where expressly permitted elsewhere in this Agreement, notwithstanding the availability of Interconnection Services under tariffs in some AT&T-9STATE incumbent ILEC states, CLEC agrees that any purchase of Interconnection Services addressed by this Agreement or required to be offered by AT&T-9STATE under Section 251 of the Act, shall be purchased solely pursuant to the terms, condition and rates set forth in this Agreement. To the extent that complete terms, conditions and/or rates for any Interconnection Service are not contained in this Agreement at the time CLEC seeks to order such services, the Parties shall amend this Agreement to include such terms, conditions and rates prior to CLEC submitting such order. The rates for Interconnection Services inadvertently or improperly ordered prior to an agreement of the Parties on terms, conditions and/or rates is addressed in the Pricing Schedule.
2a.4 Conflict in Provisions:
2a.4.1 If any definitions, terms or conditions in any given Attachment, Exhibit, Schedule or Addenda differ from those contained in the main body of this Agreement, those definitions, terms or conditions will supersede those contained in the main body of this Agreement, but only in regard to the services or activities listed in that particular Attachment, Exhibit, Schedule or Addenda.
2a.5 Joint Work Product:
2a.5.1 This Agreement is the joint work product of the Parties and has been negotiated by 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.
2a.6 Incorporation by Reference:
2a.6.1 All of the rates, terms and conditions (“Provisions”) set forth in this Agreement (including any and all Attachments, and/or Schedules hereto) and every Interconnection Service provided hereunder, are subject to all other Provisions contained in this Agreement and all such Provisions are integrally related.
2a.7 Non-Voluntary Provisions:
2a.7.1 This Agreement incorporates certain rates, terms and conditions that were not voluntarily negotiated and/or agreed to by AT&T-9STATE, but instead resulted from determinations made in arbitrations under Section 252 of the Act or from other requirements of regulatory agencies or state law (individually and collectively “Non-Voluntary Arrangement(s)”). If any Non-Voluntary Arrangement is modified as a result of any order or finding by the FCC, the appropriate Commission or a court of competent jurisdiction, the Parties agree to follow the Modification of Agreement provisions of the Agreement to re-negotiate such affected provisions. Except to the extent otherwise required by law or regulatory action, the Parties acknowledge that the Non- Voluntary Arrangements contained in this Agreement shall not be available in any state other than the state that originally imposed/required such Non-Voluntary Arrangement.
2a.8 State-Specific Rates, Terms and Conditions:
2a.8.1 For ease of administration, this multi-state Agreement contains certain specified rates, terms and conditions which apply only in a designated state (“state-specific terms”). State-specific terms, as the phrase is described above, have been negotiated by the Parties only as to the states where this Agreement has been executed, filed and approved. When the Parties negotiate an agreement for an additional state, neither Party shall be precluded by any language in this Agreement from negotiating state-specific terms for the state in which they are to apply.
2a.9 Intentionally left blank.
2a.10 Intentionally left blank.
2a.11 Responsibilities of the Parties
2a.11.1 Each Party is individually responsible to provide the non-Interconnection Facilities within its own network that are necessary for routing, transporting and billing traffic that is exchanged subject to this Agreement, and to deliver such traffic to its applicable destination
or delivery point. The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan.
2a.11.2 The Parties shall exchange technical descriptions and forecasts of their Interconnection and traffic requirements in sufficient detail necessary to establish the Interconnections required to assure traffic completion to and from all End Users in their respective designated service areas.
2a.11.3 Each Party is solely responsible for all products and services it provides to its End Users and to other Telecommunications Carriers.
2a.11.4 Each Party shall act in good faith in its performance under this Agreement and, in each case in which a Party’s consent or agreement is required or requested hereunder, such Party shall not unreasonably withhold or delay such consent or agreement.
2b.1 At all times during the term of this Agreement, Sprint each Party shall keep and maintain in force at its own expense the following minimum insurance coverage and limits and any additional insurance and/or bonds required by Applicable Law:
2b.1.1 With respect to each Party Sprint’s performance under this Agreement, and in addition to Sprint’s obligation to indemnify, each Party Sprint shall at its sole cost and expense:
2b.1.1.1 maintain the insurance coverage and limits required by this Section 2b and any additional insurance and/or bonds required by law:
2b.184.108.40.206 at all times during the term of this Agreement and until completion of all work associated with this Agreement is completed, whichever is later;
2b.1.12a with respect to any coverage maintained in a “claims-made” policy, for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later. If a “claims-made” policy is maintained, the retroactive date must precede the commencement of work under this Agreement;
2b.1.1.2 require each subcontractor who may perform work under this Agreement or enter upon the work site to maintain coverage, requirements, and limits at least as broad as those listed in this Section 2b from the time when the subcontractor begins work, throughout the term of the subcontractor’s work; and with respect to any coverage maintained on a “claims-made” policy, for two (2) years thereafter.
2b1,1,3 procure the required insurance from an insurance company eligible to do business in the state or states where work will be performed and having and maintaining a Financial Strength Rating of “A-” or better and a Financial Size Category of “VII” or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies, except that, in the case of Workers’ Compensation insurance, CLEC a Party may procure insurance from the state fund of the state where work is to be performed; and
2b.1.1.4 upon request, deliver to or otherwise make available through web-access, to the requesting party evidence AT&T-9STATE certificates of insurance stating the types of insurance and policy limits. A Party CLEC shall provide or will endeavor to have the issuing insurance company provide at least thirty (30) days advance written notice of cancellation, non-renewal, or reduction in coverage, terms, or limits to the other Party AT&T-9STATE. A Party CLEC shall deliver such certificates also provide such requested evidence or web access:
2b.1.1.4 deliver to AT&T-9STATE certificates of insurance stating the types of insurance and policy limits. CLEC shall provide or will endeavor to have the issuing insurance company provide at least 30 days advance written notice of cancellation, non-renewal, or reduction in coverage, terms, or limits to AT&T-9STATE. CLEC shall deliver such certificates:
2b.220.127.116.11 prior to execution of this Agreement and prior to commencement of any Work that requires insurance, and,;
2b.18.104.22.168 prior to expiration of any insurance policy required in this Section 2b for any coverage maintained on a “claims-made” policy, for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later.
2b1.2 The Parties agree:
2b.1.21 the failure of AT&T-9STATE a Party AT&T-9STATE to demand evidence of or web access to such evidence such certificate of insurance or failure of a Party AT&T- 9STATE to identify a deficiency will not be construed as a waiver of the other Party’s CLEC’s obligation to maintain the insurance required under this Agreement;
2b.1.2.2 that the insurance required under this Agreement does not represent that coverage and limits will necessarily be adequate to protect a Party CLEC, nor be deemed as a limitation on a Party’s CLEC liability to the other Party AT&T-9STATE the other Party in this Agreement;
2b.1.3 CLEC A Party may meet the required insurance coverages and limits with any combination of primary and Umbrella/Excess liability insurance; and
2b.1.2.4 CLEC the insuring Party is responsible for any deductible or self-insured retention.
2b.2 The insurance coverage required by this Section 2b includes:
2b.2.1 Workers’ Compensation insurance with benefits afforded under the laws of any state in which the work is to be performed and Employers Liability insurance with limits of at least:
2b.2.1.1 $500,000 for Bodily Injury – each accident; and
2b.2.1.2 $500,000 for Bodily Injury by disease – policy limits; and
2b.2.1.3 $500,000 for Bodily Injury by disease – each employee.
2b.2.1.4 To the fullest extent allowable by Law, the policy must include a waiver of subrogation in favor of AT&T-9STATE the other Party, its Affiliates, and their directors, officers and employees.
2b.2.2 In states where Workers’ Compensation insurance is a monopolistic state-run system, CLEC a Party shall add Stop Gap Employers Liability with limits not less than $500,000 each accident or disease.
2b.2.3 Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 12 04 or a substitute form providing equivalent coverage, covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with limits of at least:
2b,2,3.1 $2,000,000 General Aggregate limit; and
2b.2.3.2 $1,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (1) occurrence; and
2b2.3.3 $1,000,000 each occurrence limit for Personal Injury and Advertising Injury; and
2b.2.3.4 $2,000,000 Products/Completed Operations Aggregate limit; and
2b,2.3.5 $1,000,000 each occurrence limit for Products/Completed Operations;
2b.2.3.6 $1,000,000 Damage to Premises Rented to You (Fire Legal Liability).
2b.2.4 Intentionally left blank. Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 12 04 or a substitute form providing equivalent coverage, covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) for CLECs who collocate on AT&T-9STATE’s premises with limits of at least:
2b.2.4.1 $10,000,000 General Aggregate limit; and
2b.2.4.2 $5,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (1) occurrence; and
2b.2.4.3 $5,000,000 each occurrence limit for Personal Injury and Advertising Injury; and
2b.2.4.4 $10,000,000 Products/Completed Operations Aggregate limit; and
2b.4.5 $5,000,000 each occurrence limit for Products/Completed Operations;
2b.2.4.6 $2,000,000 Damage to Premises Rented to You (Fire Legal Liability).
2b.2.5 The Commercial General Liability insurance policy must:
2b.2.5.1 include AT&T-9STATE each Party, its Affiliates, and their directors, officers, and employees as Additional Insureds. A Collocated CLEC shall also provide a copy of the Additional Insured endorsement to AT&T-9STATE. Upon request each Party shall provide a copy of or web access to the Additional Insured endorsement to AT&T- 9STATE other Party. The Additional Insured endorsement may either be specific to AT&T-9STATE each Party or may be “blanket” or “automatic” addressing any person or entity as required by contract. Upon request a A copy of or web access to the Additional Insured endorsement must be provided within sixty (60) calendar days of such request; execution of this Agreement and within sixty (60) calendar days of each Commercial General Liability policy renewal; include a waiver of subrogation in favor of AT&T- 9STATE each Party, its Affiliates, and their directors, officers and employees; and
2b.2.5.2 be primary and non-contributory with respect to any insurance or self-insurance that is maintained by AT&T-9STATE each Party.
2b.2.6 Intentionally left blank. Automobile Liability insurance with minimum limits of
$1,000,000 combined single limit per accident for bodily injury and property damage, extending to all owned, hired, and non-owned vehicles.
2b.3 This Section 2b is a general statement of insurance requirements and shall be in addition to any specific requirement of insurance referenced elsewhere in this Agreement or a Referenced Instrument.
3a End User Fraud
3a.1 AT&T-9STATE shall not be liable to CLEC for any fraud associated with CLEC’s End User account, including 1+ IntraLATA toll, ported numbers, and ABT.
3a.2 The Parties agree to reasonably cooperate with one another to investigate, minimize, and take corrective action in cases of suspected fraud. Any fraud minimization procedure implemented by a Party are to be cost-effective and implemented in a manner so as not to unduly burden or harm either Party.
3a.3 In cases of suspected fraudulent activity by an End User, at a minimum, the cooperation referenced in Section 3a.1above will include providing to the other Party, upon request, information concerning End Users who terminate services to that Party without paying all outstanding charges. The Party seeking such information is responsible for securing the End User's permission to obtain such information.
3a.4 AT&T-9STATE will use a Fraud Monitoring System to determine suspected occurrences of ABT-related fraud and will provide notification messages to CLEC on suspected occurrences of ABT-related fraud on CLEC accounts stored in the applicable LIDB.
3a.5 Sprint understands that Fraud Monitoring System alerts only identify potential occurrences of fraud. Sprint understands and agrees that it will need to perform its own investigations to determine whether a fraud situation actually exists. Sprint understands and agrees that it will also need to determine what, if any, action Sprint should take as a result of a Fraud Monitoring System alert.
3a.6 The Parties will provide contact names and numbers to each other for the exchange of Fraud Monitoring System alert notification.
4. Ordering Procedures
4.1 The ordering procedures are as detailed in Attachment 6 Ordering and Provisioning of this Agreement, incorporated herein by this reference. Unless contrary to the terms of this Agreement or Applicable Law, the ordering and provision of all services purchased from AT&T- 9STATE by Sprint PCS may be set forth in the applicable AT&T-9STATE ordering guide(s). If no such guide exists the Parties will mutually determine the reasonable steps that are necessary to order and provision a requested service provided pursuant to this Agreement. In the event of a conflict between an AT&T-9STATE ordering guide or process, the terms of this Agreement and Applicable Law shall control.
5.1 When Sprint purchases services under this Agreement AT&T-9STATE shall provide said services so that the services shall be at least equal in quality to that provided by AT&T-9STATE to itself, or to any subsidiary, affiliate, or any other party to which AT&T provides such services, and on rates, terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms of this Agreement, Section 251(c) and 252 of the Act.
6. White Pages Listings. AT&T-9STATE shall provide Sprint and their customers access to white pages directory listings under the following terms:
6.1 Listings. AT&T-9STATE or its agent will include Sprint residential and business customer listings in the appropriate White Pages (residential and business) alphabetical directories. There will be no distinction made between Sprint and AT&T-9STATE customer listings.
6.2 Rates. Subscriber primary listing information in the White Pages shall be provided at no charge to Sprint or its subscribers provided that Sprint provides subscriber listing information to AT&T-9STATE at no charge.
6.3 Procedures for Submitting Sprint Subscriber Information. AT&T-9STATE will provide to Sprint a magnetic tape or computer disk containing the proper format for submitting subscriber listings. Sprint will be required to provide AT&T-9STATE with directory listings and daily updates to
those listings, including new, changed, and deleted listings, in an industry-accepted format. These procedures, which are the same for resale and Unbundled Network Element based services, are detailed in AT&T-9STATE’s Local Interconnection and Facility Based Ordering Guide.
6.4 Non-listed/Non-Published Subscribers. Sprint will be required to provide to AT&T-9STATE the names, addresses and telephone numbers of all Sprint customers that wish to be omitted from directories and designated accordingly as either non-published or non-listed.
6.5 Inclusion of Sprint Customers in Directory Assistance Database. AT&T-9STATE will include and maintain Sprint subscriber listings in AT&T-9STATE’s directory assistance databases at no charge. AT&T-9STATE and Sprint will formulate appropriate procedures regarding lead time, timeliness, format and content of listing information.
6.6 Listing Information Confidentiality. AT&T-9STATE will accord Sprint’s directory listing information the same level of confidentiality that AT&T-9STATE accords its own directory listing information. AT&T-9STATE shall ensure that access to Sprint customer proprietary listing information will be limited solely to those of AT&T-9STATE and AT&T-9STATE’s directory publisher’s employees, agents and contractors that are directly involved in the preparation of listings, the production and distribution of directories, and the sale of directory advertising. AT&T-9STATE will advise its own employees, agents and contractors and its directory publisher of the existence of this confidentiality obligation and will take appropriate measures to ensure their compliance with this obligation.
6.7 Optional Listings. Additional listings and optional listings will be offered by AT&T-9STATE at tariffed rates as set forth in the General Subscriber Services Tariff. In addition to a basic White Pages listing, AT&T-9STATE will provide, at the rates set forth in Attachment 1 of this Agreement, tariffed White Pages listings (e.g., additional, alternate, foreign and non-published listings) for Sprint to offer for resale to Sprint’s customers.
6.8 Delivery. AT&T-9STATE or its agent shall deliver White Pages directories to Sprint subscribers at no charge.
6.9 AT&T-9STATE agrees to provide White Pages distribution services to Sprint customers within ILEC’s service territory at no additional charge to Sprint. AT&T-9STATE represents that the quality, timeliness, and manner of such distribution services will be at parity with those provided to AT&T-9STATE and to other Sprint customers.
6.10 AT&T-9STATE will not sell or license Sprint’s White Pages directory listing information to any third party without Sprint’s prior written consent.
7. Bona Fide Request/New Business Request Process for Further Unbundling
7.1 Any request by Sprint for access to a network element, interconnection option, or for the
provisioning of any service or product that is not already available shall be treated as a Bona Fide Request/New Business Request, and shall be submitted to AT&T-9STATE pursuant to the Bona Fide Request/New Business Request process set forth following.
7.2 A Bona Fide Request shall be submitted in writing by Sprint and shall specifically identify the required service date, technical requirements, space requirements and/or such specifications that clearly define the request such that AT&T-9STATE has sufficient information to analyze and prepare a response. Such a request also shall include Sprint’s designation of the request as being (i) pursuant to the Telecommunications Act of 1996 or (ii) pursuant to the needs of the business.
7.3 Although not expected to do so, Sprint may cancel, without penalty, a Bona Fide Request in writing at any time. AT&T-9STATE will then cease analysis of the request.
7.4 Within two (2) business days of its receipt, AT&T-9STATE shall acknowledge in writing, the receipt of the Bona Fide Request and identify a single point of contact and any additional information needed to process the request.
7.5 Except under extraordinary circumstances, within thirty (30) days of its receipt of a Bona Fide Request, AT&T-9STATE shall provide to Sprint a preliminary analysis of the Bona Fide Request. The preliminary analysis will include AT&T-9STATE’s proposed price (plus or minus 25 percent) and state whether AT&T-9STATE can meet Sprint’s requirements, the requested availability date, or, if AT&T-9STATE cannot meet such date, provide an alternative proposed date together with a detailed explanation as to why AT&T-9STATE is not able to meet Sprint’s requested availability date. AT&T-9STATE also shall indicate in this analysis its agreement or disagreement with Sprint’s designation of the request as being pursuant to the Act or pursuant to the needs of the business. If AT&T-9STATE does not agree with Sprint’s designation, it may utilize the procedures set forth in Section 14 of the General Terms and Conditions of this Agreement. In no event, however, shall any such dispute delay AT&T-9STATE’s processing of the request. If AT&T-9STATE determines that it is not able to provide Sprint with a preliminary analysis within thirty (30) days of AT&T-9STATE’s receipt of a Bona Fide request, AT&T-9STATE will inform Sprint as soon as practicable. Sprint and AT&T-9STATE will then determine a mutually agreeable date for receipt of the preliminary analysis.
7.6 As soon as possible, but in no event more than ninety (90) days after receipt of the request, AT&T-9STATE shall provide Sprint with a firm Bona Fide Request quote which will include, at a minimum, the firm availability date, the applicable rates and the installation intervals, and a binding price quote.
7.7 Unless Sprint agrees otherwise, all proposed prices shall be the pricing principles of this Agreement, in accordance with the Act, and any applicable FCC and Commission rules and regulations. Payments for services purchased under a Bona Fide Request will be made as specified in this Agreement, unless otherwise agreed to by Sprint.
7.8 Within thirty (30) days after receiving the firm Bona Fide Request quote from AT&T-
9STATE, Sprint will notify AT&T-9STATE in writing of its acceptance or rejection of AT&T- 9STATE’s proposal. If at any time an agreement cannot be reached as to the terms and conditions or price of the request, or if AT&T-9STATE responds that it cannot or will not offer the requested item in the Bona Fide Request and Sprint deems the item essential to its business operations, and deems AT&T-9STATE’s position to be inconsistent with the Act, FCC or Commission regulations and/or the requirements of this Agreement, the dispute may be resolved pursuant to the dispute resolution provisions of this Agreement the General Terms and Conditions of this Agreement, including the filing for Arbitration pursuant to the Act between the 135th day after AT&T-9STATE receives Sprint’s Bona Fide Request / New Business Request.
8. Law Enforcement. AT&T-9STATE and Sprint shall reasonably cooperate with the other Party in handling law enforcement requests as follows:
8a. Intercept Devices:
8a.1 Local and federal law enforcement agencies periodically request information or assistance (“Requesting Authority”) from a Telecommunications Carrier local telephone service providers. When either Party receives a request (“Receiving Party”) associated with an End User of the other Party and the Receiving Party does not provide the network end-office/loop switching (or equivalent facility) functionality to such End User, the Receiving Party will promptly notify the Requesting Authority so that the Requesting Authority may redirect its request to the appropriate Party that provides such functionality, Notwithstanding the foregoing, a Receiving Party shall comply with any valid request of a Requesting Authority, to attach a pen register, trap-and-trace or form of intercept on the Receiving Party’s Facilities.
8b.1 If a Receiving Party receives a subpoena (or equivalent legal demand regardless of nomenclature, e.g. warrant) for information concerning an End User the Receiving Party knows to be an End User of the other Party, and for whom the Receiving Party has no responsive information, the Receiving Party shall promptly notify the person or entity that caused issuance of such subpoena so that it may redirect its subpoena to the other Party.
8c.1 If a Receiving Party receives a request from a law enforcement agency for a temporary number change, temporary disconnect, or one-way denial of outbound calls by the Receiving Party’s switch for regarding an End User of the other Party, the Receiving Party will comply with a valid emergency request.
8d Law Enforcement Interface
8d 1 AT&T-9STATE shall provide seven day a week/twenty-four hour a day installation and information retrieval pertaining to traps, assistance involving emergency traces and information retrieval on customer invoked CLASS services, including call traces requested by Sprint Security/Network services. AT&T-9STATE shall provide all necessary assistance to facilitate the execution of wiretap or dialed number recorder orders from law enforcement authorities.
9. Liability and Indemnification
9.1 Liabilities of AT&T-9STATE. Unless expressly stated otherwise in this Agreement, the liability of AT&T-9STATE to Sprint resulting from any and all causes shall not exceed the amounts owing Sprint under the agreement in total.
9.2 Liabilities of Sprint. Unless expressly stated otherwise in this Agreement, the liability of Sprint to AT&T-9STATE resulting from any and all causes shall not exceed the amounts owing AT&T-9STATE under the agreement in total.
9.3 Each Party shall, to the greatest extent permitted by Applicable Law, include in its local switched service tariff (if it files one in a particular state) or in any state where it does not file a local service tariff, in an appropriate contract with its customers that relates to the services Services and Elements provided under this Agreement, a limitation of liability (i) that covers the other Party to the same extent the first Party covers itself and (ii) that limits the amount of damages a customer may recover to the amount charged the applicable customer for the service that gave rise to such loss.
9.4 No Consequential Damages. Neither Sprint nor AT&T-9STATE shall be liable to the other Party for any indirect, incidental, consequential, reliance, or special damages suffered by such other Party (including without limitation damages for harm to business, lost revenues, lost savings, or lost profits suffered by such other parties (collectively, “Consequential Damages”)), regardless of the form of action, whether in contract, warranty, strict liability, or tort, including without limitation negligence of any kind whether active or passive, and regardless of whether the parties knew of the possibility that such damages could result. Each Party hereby releases the other Party and such other Party’s subsidiaries and affiliates, and their respective officers, directors, employees and agents from any such claim for consequential damages. Nothing contained in this section shall limit AT&T-9STATE’s or Sprint’s liability to the other for actual damages resulting from (i) willful or intentional misconduct (including gross negligence); (ii) bodily injury, death or damage to tangible real or tangible personal property caused by AT&T-9STATE’s or Sprint’s negligent act or omission or that of their respective agents, subcontractors or employees, nor shall anything contained in this section limit the parties’ indemnification obligations as specified herein.
9.5 Obligation to Indemnify and Defend. Each Party shall, and hereby agrees to, defend at the other’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an “Indemnitee”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, “Damages”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third Party (“a Claim”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the “Indemnifying Party”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of
the Indemnifying Party’s actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service xxxx, trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as “Intellectual Property Rights”) to the extent that such claim or action arises from Sprint or Sprint’s Customer’s use of the Services and Elements provided under this Agreement.
9.6 Defense; Notice; Cooperation. Whenever the Indemnitee knows or should have known of a claim arising for indemnification under this Section 9, it shall promptly notify the Indemnifying Party of the claim in writing within 30 calendar days and request the Indemnifying Party to defend the same. Failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party’s ability to defend such Claim. The Indemnifying Party shall have the right to defend against such liability or assertion in which event the Indemnifying Party shall give written notice to the Indemnitee of acceptance of the defense of such Claim and the identity of counsel selected by the Indemnifying Party. Except as set forth below, such notice to the relevant Indemnitee shall give the Indemnifying Party full authority to defend, adjust, compromise or settle such Claim with respect to which such notice shall have been given, except to the extent that any compromise or settlement shall prejudice the Intellectual Property Rights of the relevant Indemnitees. The Indemnifying Party shall consult with the relevant Indemnitee prior to any compromise or settlement that would affect the Intellectual Property Rights or other rights of any Indemnitee, and the relevant Indemnitee shall have the right to refuse such compromise or settlement and, at the refusing Party’s or refusing Parties’ cost, to take over such defense, provided that in such event the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnitee against, any cost or liability in excess of such refused compromise or settlement. With respect to any defense accepted by the Indemnifying Party, the relevant Indemnitee shall be entitled to participate with the Indemnifying Party in such defense if the Claim requests equitable relief or other relief that could affect the rights of the Indemnitee and also shall be entitled to employ separate counsel for such defense at such Indemnitee’s expense. In the event the Indemnifying Party does not accept the defense of any indemnified Claim as provided above, the relevant Indemnitee shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate and to cause its employees and agents to cooperate with the other Party in the defense of any such Claim and the relevant records of each Party shall be available to the other Party with respect to any such defense.
10. Intellectual Property Rights and Indemnification
10.1 No License. No patent, copyright, trademark or other proprietary right is licensed, granted or otherwise transferred by this Agreement. Unless otherwise mutually agreed upon, neither Party shall publish or use the other Party’s logo, trademark, service xxxx, name, language, pictures, or symbols or words from which the other Party’s name may reasonably be inferred or implied in any product, service, advertisement, promotion, or any other publicity matter, except that nothing in this paragraph shall prohibit a Party from engaging in valid comparative advertising. This paragraph 10.1
shall confer no rights on a Party to the service marks, trademarks and trade names owned or used in connection with services by the other Party or its Affiliates, except as expressly permitted by the other Party.
10.2 Ownership of Intellectual Property. Any intellectual property which originatesfrom or is developed by a Party shall remain in the exclusive ownership of that Party. Except for a limited license to use patents or copyrights to the extent necessary for the Parties to use any facilities or equipment (including software) or to receive any service solely as provided under this Agreement, no license in patent, copyright, trademark or trade secret, or other proprietary or intellectual property right now or hereafter owned, controlled or licensable by a Party, is granted to the other Party or shall be implied or arise by estoppel. It is the responsibility of each Party to ensure at no additional cost to the other Party that it has obtained any necessary licenses in relation to intellectual property of third Parties used in its network that may be required to enable the other Party to use any facilities or equipment (including software), to receive any service, or to perform its respective obligations under this Agreement.
10.3 Indemnification. The Party providing a service pursuant to this Agreement will defend the Party receiving such service or data provided as a result of such service against claims of infringement arising solely from the use by the receiving Party of such service and will indemnify the receiving Party for any damages awarded based solely on such claims in accordance with Section 9 of this Agreement.
10.4 Claim of Infringement. In the event that use of any facilities or equipment(including software), becomes, or in reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense:
(a) modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or
(b) obtain a license sufficient to allow such use to continue.
In the event (a) or (b) are commercially unreasonable, then said Party may, terminate, upon reasonable notice, this contract with respect to use of, or services provided through use of, the affected facilities or equipment (including software), but solely to the extent required to avoid the infringement claim.
10.5 Exception to Obligations. Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in
infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.
10.6 Exclusive Remedy. The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.
11. Treatment of Proprietary and Confidential Information
11.1 Proprietary and Confidential Information. It may be necessary for AT&T-9STATE and Sprint, each as the “Discloser,” to provide to the other Party, as “Recipient,” certain proprietary and confidential information (including trade secret information) including but not limited to technical, financial, marketing, staffing and business plans and information, strategic information, proposals, request for proposals, specifications, drawings, maps, prices, costs, costing methodologies, procedures, processes, business systems, software programs, techniques, customer account data, call detail records and like information (collectively the “Information”). All such Information conveyed in writing or other tangible form shall be clearly marked with a confidential or proprietary legend. Information conveyed orally by the Discloser to Recipient shall be designated as proprietary and confidential at the time of such oral conveyance, shall be reduced to writing by the Discloser within forty-five (45) days thereafter, and shall be clearly marked with a confidential or proprietary legend.
11.2 Use and Protection, Ownership, Copying and Return of Information.
11.2.1 Recipient shall use Discloser’s Information solely for the purpose(s) of performing this Agreement, including the enforcement thereof, and agrees to protect such Information provided to Recipient from whatever source from distribution, disclosure or dissemination to anyone except as authorized herein, or as otherwise authorized in writing by the Discloser.
11.2.2 Recipient will use the same standard of care to protect discloser’s Information as Recipient uses to protect its own similar confidential and proprietary information, but not less than a reasonable standard of care. Recipient may disclose Discloser’s Information solely to the authorized Representatives of the Recipient who (a) have a substantive need to know such Discloser’s Confidential Information in connection with performance of the agreement; (b) have been advised of the confidential and proprietary nature of the Discloser’s Information; and (c) have personally acknowledged the need to protect from unauthorized disclosure all confidential and proprietary information, of whatever source, to which they have access in the course of their employment. “Authorized Representatives” are the officers, directors and employees of Recipient and its Affiliates, as well as Recipient’s and its Affiliates’ consultants, contractors, counsel and agents.
11.2.3 Information remains at all times the property of Discloser. Recipient may make tangible or electronic copies, notes, summaries or extracts of Discloser’s Information only as necessary for use as authorized herein. All such tangible or electronic copies, notes, summaries or extracts must be marked with the same confidential and proprietary notice as appears on the original. Upon Discloser’s request, all or any requested portion of the Discloser’s Information (including, but not
limited to, tangible and electronic copies, notes, summaries or extracts of any Discloser’s Information) will be promptly returned to Discloser or destroyed, and Recipient will provide Discloser with written certification stating that such Discloser’s Information has been returned or destroyed.
11.3.1 Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser, provided that such source lawfully disclosed or independently developed such information; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.
11.3.2 If Recipient is required to provide Discloser’s Information to any court or government agency pursuant to written court order, subpoena, regulation or process of law, Recipient must first provide Discloser with prompt written notice of such requirement and cooperate with Discloser to appropriately protect against or limit the scope of such disclosure. To the fullest extent permitted by law, Recipient will continue to protect as confidential and proprietary all Discloser’s Information disclosed in response to a written court order, subpoena, regulation or process of law.
11.4 Recipient may also use Discloser’s Information for the purposes of negotiation, arbitration or resolution of disputes arising out of this Agreement, or a request by a Sprint Affiliate to adopt this Agreement pursuant to Applicable Law. Nothing herein shall prohibit Recipient from providing Information requested by the FCC, a state regulatory agency, or court with jurisdiction over this Agreement.
11.5 Recipient agrees not to publish or use the Information for any advertising, sales or marketing promotions, press releases, or publicity matters that refer either directly or indirectly to the Information or to the Discloser or any of its affiliated companies.
11.6 The disclosure of Information neither grants nor implies any license to the Recipient under any trademark, patent, copyright, application or other intellectual property right that is now or may hereafter be owned by the Discloser.
11.7 Survival of Confidentiality Obligations. The Parties’ rights and obligations under this Section 11 shall survive and continue in effect until two (2) years after the expiration or termination date of this Agreement with regard to all Information exchanged during the term of this Agreement. Thereafter, the Parties’ rights and obligations hereunder survive and continue in effect with respect to any Information that is a trade secret under applicable law.
11.8 AT&T-9STATE shall not use proprietary carrier information pursuant to Section 222 (b) of the Act received from Sprint for purposes of soliciting or winning back Sprint’s customers.
11.9 Sprint shall not use proprietary carrier information pursuant to Section 222 (b) of the Act received from AT&T-9STATE for purposes of soliciting or winning back AT&T-9STATE’s customers.
11.10 Equitable Relief. Recipient acknowledges and agrees that any breach or threatened breach of this Section is likely to cause Discloser irreparable harm for which money damages may not be an appropriate or sufficient remedy. Recipient therefore agrees that Discloser or its Affiliates, as the case may be, are entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Agreement. Such remedy is not the exclusive remedy for any breach or threatened breach of this Agreement, but is in addition to all other rights and remedies pursuant to this Agreement.
12.1 Neither Party shall produce, publish, or distribute any press release or other publicity referring to the other Party or its Affiliates, or to this Agreement, without the prior written approval of the other Party. Each party shall obtain the other Party’s prior approval before discussing this Agreement in any press or media interviews. In no event shall either Party intentionally mischaracterize the contents of this Agreement in any public statement or in any representation to a governmental entity or member thereof.
13.1 A Party may not assign or transfer this Agreement nor any rights or obligations hereunder, whether by operation of law or otherwise, to a non-Affiliated Third Party without the prior written consent of the other Party. Any attempted assignment or transfer that is not permitted is void ab initio.
13.2 a Party may assign or transfer this Agreement and all rights and obligations hereunder, whether by operation of law or otherwise, to an Affiliate by providing sixty (60) calendar days advance written notice of such assignment or transfer to the other Party; provided that such assignment or transfer is not inconsistent with Applicable Law (including the Affiliate’s obligation to obtain and maintain proper Commission certification and approvals) or the terms and conditions of this Agreement. Any attempted assignment or transfer that is not permitted here is void ab initio.
13.3 Intentionally left blank. Corporate Name Change and/or change in “d/b/a” only:
13.3.1 Any change in CLEC’s corporate name including a change in the d/b/a, and including a name change due to assignment or transfer of this Agreement wherein only the CLEC name is changing, and which does not include a change to a CLEC OCN/ACNA, constitutes a CLEC Name Change under this Section. For any such CLEC Name Change, CLEC will incur a record order charge for each CLEC CABS BAN. For Resale or any other products not billed in CABS, to the extent a record order is available; a record order charge will apply per End User record. Rates for record orders are contained in the Pricing Schedule.
13.3.2 The Parties agree to amend this Agreement to appropriately reflect any CLEC Name Change including a change in d/b/a.
13.4 Intentionally left blank. Company Code Change:
13.4.1 Any assignment or transfer of this Agreement associated with the transfer or acquisition of “assets” provisioned under this Agreement, where the OCN/ACNA formerly assigned to such “assets” is changing constitutes a “CLEC Company Code Change” under this Section. For the purposes of this section, “assets” means any Interconnection, Resale Service, 251(c)(3) UNEs, function, facility, product or service provided under this Agreement. CLEC shall provide AT&T-9STATE with ninety (90) days advance written Notice of any assignment associated with a CLEC Company Code Change and obtain AT&T-9STATE’s consent. AT&T-9STATE shall not unreasonably withhold consent to a CLEC Company Code Change; provided, however, AT&T-9STATE’s consent to any CLEC Company Code Change is contingent upon payment of any outstanding charges, including Collocation charges, owed under this Agreement and payment of any outstanding charges associated with the “assets” subject to the CLEC Company Code Change. In addition, CLEC acknowledges that CLEC may be required to tender additional assurance of payment to AT&T-9STATE if requested under the terms of this Agreement.
13.4.2 For any CLEC Company Change, CLEC must submit a service order to AT&T- 9STATE changing the OCN/ACNA for each End User record or each circuit ID number as applicable. CLEC shall pay the appropriate charges to AT&T-9STATE for each service order submitted to accomplish a Company Code Change. In addition, CLEC shall submit a new OSQ to update any OS/DA Rate Reference information and Branding pursuant to the rates specified in the Pricing Schedule to this Agreement. In addition, CLEC shall pay any and all charges to AT&T-9STATE required for re-stenciling, re-engineering, changing locks and any other work necessary with respect to Collocation, as determined on an individual case basis.
13.5, 13.6, and 13.7 – Intentionally left blank.
14. Resolution of Disputes
14.1 Except as otherwise stated in this Agreement, if any dispute arises as to the interpretation of any provision of this Agreement or as to the proper implementation of this Agreement, then if the aggrieved Party elects to pursue such dispute, the aggrieved Party may petition the FCC or Commission for a resolution of the dispute. Until the dispute is finally resolved, each Party shall continue to perform its obligations under this Agreement and shall continue to provide all services and payments as prior to the dispute provided, however, that neither Party shall be required to act in any unlawful fashion. If the issue is as to how or whether to perform an obligation, the Parties shall continue to operate under the Agreement as they were at the time the dispute arose. This provision shall not preclude the Parties from seeking other legal remedies. Each Party reserves any rights it may have to seek judicial review of any ruling made by the Commission concerning this Agreement.
14.2 The foregoing Section 14.1 notwithstanding, except to the extent the Commission is
authorized to grant temporary equitable relief with respect to a dispute arising as to the enforcement of terms and conditions of this Agreement, and/or as to the interpretation of any provision of this Agreement, this Section 14 shall not prevent either Party from seeking any temporary equitable relief, including a temporary restraining order, in a court of competent jurisdiction.
14a.1 Finality of Disputes:
14a.1.2 Except as otherwise specifically provided for in this Agreement, no claim may be brought for any dispute arising from this Agreement more than twenty-four (24) months from the date the occurrence which gives rise to the dispute is discovered or reasonably should have been discovered with the exercise of due care and attention.
14a.1.3 Notwithstanding anything contained in this Agreement to the contrary, a Party shall be entitled to dispute only those charges which appeared on a xxxx dated within the twelve (12) months immediately preceding the date on which the Billing Party received notice of such Disputed Amounts.
14a.2 Alternative to Litigation:
14a.2.1 The Parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, the Parties agree to use the following Dispute Resolution procedures with respect to any controversy or claim arising out of or relating to this Agreement or its breach.
14a.3 Commencing Dispute Resolution:
14a.3.1 Dispute Resolution shall commence upon one Party’s receipt of written Notice of a controversy or claim arising out of or relating to this Agreement or its breach. No Party may pursue any claim unless such written Notice has first been given to the other Party. There are three (3) separate Dispute Resolution methods:
14a.3.1.1 Service Center Dispute Resolution 14a.3.1.2 Informal Dispute Resolution; and
14a.3.1.3 Formal Dispute Resolution, each of which is described below.
14a.4 Service Center Dispute Resolution - the following Dispute Resolution procedures will apply with respect to any billing dispute arising out of or relating to the Agreement. Written Notice sent to AT&T-9STATE for Disputed Amounts must be made on the “Billing Claims Dispute Form”.
14a.4.1 If the written Notice given pursuant to Attachment 7 Section xx above discloses that the dispute relates to billing, then the procedures set forth in Attachment 7, Section xx above shall be used.
14a.4.2 For a dispute submitted by the CLEC, the dispute shall first be processed by the appropriate service center for resolution.
14a.4.3 In order to resolve a billing dispute, the Disputing Party shall furnish the other Party written Notice of:
14a.4.3.1 the date of the xxxx in question;
14a.22.214.171.124 the account number or other identification (CLEC must provide the
CBA/ESBA/ASBS or BAN number) of the xxxx in question;
14a.126.96.36.199 telephone number, circuit ID number or trunk number in question;
14a.188.8.131.52 any USOC (or other descriptive information) information relating to the item questioned;
14a.184.108.40.206 amount billed; 14a.220.127.116.11 amount in question; and
14a.18.104.22.168 the reason that the Disputing Party disputes the billed amount.
14a.4.4 When CLEC is the Disputing Party, CLEC must provide evidence to AT&T- 9STATE that it has either paid the disputed amount or established an interest bearing escrow account that complies with the requirements set forth in Section 11.9 above of this Agreement and deposited all Unpaid Charges relating to Resale Services and 251(c)(3) UNEs into that escrow account in order for that billing claim to be deemed a “dispute”. Failure to provide the information and evidence required by this Section 14a not later than twenty-nine (29) calendar days following the Xxxx Due Date shall constitute CLEC’s irrevocable and full waiver of its right to dispute the subject charges
14a.4.5 The Parties shall attempt to resolve Disputed Amounts appearing on current billing statements thirty (30) to sixty (60) calendar days from the Xxxx Due Date (provided the Disputing Party furnishes all requisite information and evidence under Section 14a.4 above by the Xxxx Due Date). If not resolved within thirty (30) calendar days, upon request, the non-Disputing Party will notify the Disputing Party of the status of the dispute and the expected resolution date.
14a.4.6 The Parties shall attempt to resolve Disputed Amounts appearing on statements prior to the current billing statement within thirty (30) to ninety (90) calendar days, but resolution may take longer depending on the complexity of the dispute. If not resolved within thirty (30) calendar days from the date Notice of the Disputed Amounts was received (provided that CLEC furnishes all requisite information and evidence under Section 14a.4 above, upon request, the non-Disputing Party will notify the Disputing Party of the status of the dispute and the expected resolution date.
14a.4.7 If the Disputing Party is not satisfied by the resolution of the billing dispute under this Section14a.4 above, the Disputing Party may notify the Billing Party in writing that it wishes to invoke the Informal Resolution of Disputes afforded pursuant to Section14a.5 below of this Agreement.
14a.5 Informal Dispute Resolution:
14a.5.1 Upon receipt by one Party of Notice of a dispute by the other Party pursuant to Section 14a.3 above or Section 14a.4.7 above, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications
that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
14a.6 Formal Dispute Resolution:
14a.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 14a.5 above, then either Party may invoke the formal Dispute Resolution procedures described in this Section 14a.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 14a.3 above.
14a.6.2 Caims Subject to Mandatory Arbitration:
14a.6.2.1 The following claims, if not settled through informal Dispute Resolution, will be subject to mandatory arbitration pursuant to Section 14a.7 below:
14a.6.2.2 Each unresolved billing dispute involving one percent (1%) or less of the amounts charged to the Disputing Party under this Agreement in the state in which the dispute arises during the twelve (12) months immediately preceding receipt of the letter initiating Dispute Resolution under Section 14a.3 above. If the disputing Party has not been billed for a minimum of twelve (12) months immediately preceding receipt of the letter initiating Dispute Resolution under Section 14a.3 above, the Parties will annualize the actual number of months billed.
14a.6.3 Claims Subject to Elective Arbitration:
14a.6.3.1 Claims will be subject to elective arbitration pursuant to Section 14a.7 below, if, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.
14a.6.4 Claims Not Subject to Arbitration:
14a.6.4.1 If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism.
14a.6.4.2 Actions seeking a temporary restraining order or an injunction related to the purposes of this Agreement.
14a.6.4.3 Actions to compel compliance with the Dispute Resolution process. 14a.6.4.4 All claims arising under federal or state statute(s), including antitrust claims.
14a.7.1 Disputes subject to mandatory or elective arbitration under the provisions of this Agreement will be submitted to a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or pursuant to such other provider of arbitration services or rules as the Parties may agree. The arbitrator shall be knowledgeable of telecommunications issues. Each arbitration will be held in Atlanta, Georgia for AT&T SOUTHEAST REGION 9-STATE, unless the Parties agree otherwise. The arbitration hearing will be requested to commence within sixty (60) calendar days of the demand for arbitration. The arbitrator will control the scheduling so as to process the matter expeditiously. The Parties may submit written briefs upon a schedule determined by the
arbitrator. The Parties will request that the arbitrator rule on the dispute by issuing a written opinion within thirty (30) calendar days after the close of hearings. The Federal Arbitration Act, 9 U.S.C. Secs. 1-16, not state law, shall govern the arbitrability of all disputes. Notwithstanding any rule of the AAA Commercial Arbitration Rules to the contrary, the Parties agree that the arbitrator will have no authority to award punitive damages, exemplary damages, Consequential Damages, multiple damages, or any other damages not measured by the prevailing Party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. The times specified in this Section may be extended or shortened upon mutual agreement of the Parties or by the arbitrator upon a showing of good cause. Each Party will bear its own costs of these procedures, including attorneys’ fees. The Parties will equally split the fees of the arbitration and the arbitrator. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
15.1 Except as otherwise provided in this Section, with respect to any purchase of products or services under this Agreement, if any Tax is required or permitted by Applicable Law to be billed to and/or collected from the purchasing Party by the providing Party, then: (i) the providing Party shall have the right to xxxx the purchasing Party for such Tax; (ii) the purchasing Party shall pay such Tax to the providing Party; and (iii) the providing Party shall pay or remit such Tax to the respective Governmental Authority. Whenever possible, Taxes shall be billed as a separate item on the invoice; provided, however, that failure to include Taxes on an invoice or to state a Tax separately shall not impair the obligation of the purchasing Party to pay any Tax. Nothing shall prevent the providing Party from paying any Tax to the appropriate Governmental Authority prior to the time: (i) it bills the purchasing Party for such Tax, or (ii) it collects the Tax from the purchasing Party. If the providing Party fails to xxxx the purchasing Party for a Tax at the time of billing the products or services to which the Tax relates, then, as between the providing Party and the purchasing Party, the providing Party shall be liable for any penalties or interest thereon. However, if the purchasing Party fails to pay any Tax properly billed by the providing Party, then, as between the providing Party and the purchasing Party, the purchasing Party shall be solely responsible for payment of the Tax and any penalties or interest thereon. Subject to the provisions of this Section 15a governing contests of disputed Taxes, the purchasing Party shall be liable for and the providing Party may collect from the purchasing Party any Tax, including any interest or penalties for which the purchasing Party would be liable under this subsection, which is assessed or collected by the respective Governmental Authority; provided, however, that the providing Party notifies the purchasing Party of such assessment or collection within the earlier of (i) sixty (60) calendar days following the running of the applicable statute of limitations period for assessment or collection of such Tax, including extensions, or (ii) six (6) years following the purchasing Party’s payment for the products or services to which such Tax relates.
15.2 With respect to any purchase under this Agreement of products or services that are resold by the purchasing Party to a Third Party or used as a component part of or
integrated into a product or service sold to a Third Party, if any Tax is imposed on or with respect to such sale by the purchasing Party, the purchasing Party shall pay or remit such Tax to the respective Governmental Authority. If the purchasing Party fails to pay or remit any Tax as required by Applicable Law, then, as between the providing Party and the purchasing Party, the purchasing Party shall remain liable for such Tax and any interest and penalties thereon. Notwithstanding any other provision of this Agreement, the purchasing Party agrees to protect, indemnify and hold harmless (and defend at the purchasing Party’s expense) the providing Party from and against any Tax, any interest or penalties thereon, and any costs or expenses (including attorney fees) incurred by the providing Party as a result of any claim asserted or actions taken by the respective Governmental Authority to assess against or collect from the providing Party any Tax related to any sale by the purchasing Party to a third Party.
15.3 To the extent a purchase of products or services under this Agreement is claimed by the purchasing Party to be for resale or otherwise exempt from a Tax, the purchasing Party shall furnish to the providing Party an exemption certificate in the form prescribed by the providing Party and any other information or documentation required by Applicable Law or the respective Governmental Authority. Prior to receiving such exemption certificate and any such other required information or documentation, the Providing Party shall have the right to xxxx, and the Purchasing Party shall pay, Tax on any products or services furnished hereunder as if no exemption were available, subject to the right of the Purchasing Party to pursue a claim for credit or refund of any such Tax pursuant to the provisions of this Section and the remedies available under Applicable Law. If it is the position of the purchasing Party that Applicable Law exempts or excludes a purchase of products or services under this Agreement from a Tax, or that the Tax otherwise does not apply to such a purchase, but Applicable Law does not also provide a specific procedure for claiming such exemption or exclusion or for the purchaser to contest the application of the Tax directly with the respective Governmental Authority prior to payment, then the providing Party may in its discretion agree not to xxxx and/or not to require payment of such Tax by the purchasing Party, provided that the purchasing Party (i) furnishes the providing Party with any exemption certificate requested by and in the form prescribed by the providing Party, (ii) furnishes the providing Party with a letter signed by an officer of the purchasing Party setting forth the basis of the purchasing Party’s position under Applicable Law; and (iii) furnishes the providing Party with an indemnification agreement, reasonably acceptable to the providing Party, which holds the providing Party harmless from any Tax, interest, penalties, loss, cost or expenses (including attorney fees) that may be incurred by the providing Party in connection with any claim asserted or actions taken by the respective Governmental Authority to assess or collect such Tax from the providing Party.
15.4 To the extent permitted by and pursuant to Applicable Law, and subject to the provisions of this Section 15a, the purchasing Party shall have the right to contest with the respective Governmental Authority, or if necessary under Applicable Law to have the providing Party contest (in either case at the purchasing Party’s expense) any Tax that the purchasing Party asserts is not applicable, from which it claims an exemption or exclusion, or which it claims to have paid in error; provided, however, that (i) the purchasing Party shall ensure that no lien is attached to any asset of the providing Party as a result of any contest of a disputed Tax; (ii) with respect to any Tax that could be assessed against or
collected from the providing Party by the respective Governmental Authority, the providing Party shall retain the right to determine the manner of contesting such disputed Tax, including but not limited to a decision that the disputed Tax will be contested by pursuing a claim for credit or refund; (iii) except to the extent that the providing Party has agreed pursuant to this Section 15a not to xxxx and/or not to require payment of such Tax by the purchasing Party pending the outcome of such contest, the purchasing Party pays any such Tax previously billed by the providing Party and continues paying such Tax as billed by the providing Party pending the outcome of such contest. In the event that a disputed Tax is to be contested by pursuing a claim for credit or refund, if requested in writing by the purchasing Party, the providing Party shall facilitate such contest (i) by assigning to the purchasing Party its right to claim a credit or refund, if such an assignment is permitted under Applicable Law; or (ii) if an assignment is not permitted, by filing and pursuing the claim on behalf of the purchasing Party but at the purchasing Party’s expense. Except as otherwise expressly provided in this Section 15a, nothing in this Agreement shall be construed to impair, limit, restrict or otherwise affect the right of the providing Party to contest a Tax that could be assessed against or collected from it by the respective Governmental Authority. With respect to any contest of a disputed Tax resulting in a refund, credit or other recovery, as between the purchasing Party and the providing Party, the purchasing Party shall be entitled to the amount that it previously paid, plus any applicable interest allowed on the recovery that is attributable to such amount, and the providing Party shall be entitled to all other amounts.
15.5 If either Party is audited by or on behalf of a Governmental Authority with respect to a Tax, and in any contest of a Tax by either Party, the other Party shall cooperate fully and timely by providing records, testimony and such additional information or assistance as may reasonably be necessary to expeditiously resolve the audit or pursue the contest.
15.6 All Notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section shall be sent in accordance with the Section for Notice below hereof.
16. Force Majeure
In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire flood, earthquake or like acts of God, wars, revolution, riots, insurrections, explosion, terrorists acts, nuclear accidents, power blackouts, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.
17. Adoption of Agreements
AT&T-9STATE shall make agreements available to Sprint in accordance with 47 USC § 252(i) and 47
C.F.R. § 51.809.
18. Modification of Agreement
18.1 No modification, amendment, supplement to, or waiver of the Agreement or any of its provisions shall be effective unless it is made in writing and duly signed by the Parties.
18.2 If Sprint changes its name or makes changes to its company structure or identity due to
a merger, acquisition, transfer or any other reason, it is the responsibility of Sprint to notify AT&T-9STATE of said change and request that an amendment to this Agreement, if necessary, be executed to reflect said change.
18.3 Execution of this Agreement by either Party does not confirm or infer that the executing Party agrees with any decision(s) issued pursuant to the Telecommunications Act of 1996 and the consequences of those decisions on specific language in this Agreement. Neither Party waives its rights to appeal or otherwise challenge any such decision(s) and each Party reserves all of its rights to pursue any and all legal and/or equitable remedies, including appeals of any such decision(s).
18.4 In the event that any effective legislative, regulatory, judicial or other legal action materially affects any material terms of this Agreement, or the ability of Sprint or AT&T-9STATE to perform any material terms of this Agreement, Sprint or AT&T-9STATE may, on thirty (30) days’ written notice, require that such terms be renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new terms as may be required. In the event that such new terms are not renegotiated within ninety (90) days after such notice, the Dispute shall be referred to the Dispute Resolution procedure set forth in this Agreement.
18.5 If any provision of this Agreement, or part thereof, shall be held invalid or unenforceable in any respect, the remainder of the Agreement or provision shall not be affected thereby, provided that the Parties shall negotiate in good faith to reformulate such invalid provision, or part thereof, or related provision, to as closely reflect the original intent of the Parties as possible, consistent with Applicable Law, and to effectuate such portions thereof as may be valid without defeating the intent of such provision. In the event the Parties are unable to mutually negotiate such replacement language, either Party may elect to pursue the dispute resolution process set forth in this Agreement. The Parties negotiated the terms and conditions of this Agreement for Interconnection products and/or services as a total arrangement and it is intended to be non-severable.
18.6 To the extent the BFR process set forth herein does not apply, upon delivery of written notice of at least thirty (30) days, either Party may request negotiations of the rates, prices and charges, terms, and conditions not now covered by this Agreement.
18.7 Nothing in this Agreement shall preclude Sprint from purchasing any services or Facilities under any applicable and effective AT&T-9STATE tariff or subsequent service offering that results from detariffing/deregulation (collectively “tariffs/service offerings” to implement rights or obligations under this Agreement. Each party hereby incorporates by reference those provisions of its tariffs/service offerings that govern the provision of any of the services or facilities provided hereunder. References to tariffs throughout this Agreement shall be to the currently effective tariff/service offering for the state or jurisdiction in which the services were provisioned. In the event of a conflict between a provision of this Agreement and a provision of an applicable tariff/service offering, the Parties agree to negotiate in good faith to attempt to reconcile and resolve such conflict. If any provisions of this Agreement and an applicable tariff/service offering cannot be reasonably construed or interpreted to avoid conflict, and the Parties cannot resolve such conflict through negotiation, such conflict shall be resolved as follows:
18.7.1 Unless otherwise provided herein, if the service or Facility is ordered from the tariff/service offering, the terms and conditions of the tariff/service offering shall prevail.
18.7.2 If the service is ordered to implement rights or obligations under from this Agreement (other than resale), and the Agreement expressly references a term, condition or rate of a tariff, such term, condition or rate of the tariff shall prevail.
18.7.3 If the service is ordered to implement rights or obligations under from this Agreement, and the Agreement references the tariff for purposes of the rate only, then to the extent of a conflict as to the terms and conditions in the tariff/service offering and any terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail.
18.7.4 Intentionally left blank.
18.8 The Parties intend that any additional services agreed to by both Parties relating to the subject matter of this Agreement will be incorporated into this Agreement by amendment.
A failure or delay of either Party to enforce any of the provisions hereof, to exercise any option which is herein provided, or to require performance of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or options, and each Party, notwithstanding such failure, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of this Agreement.
20. Governing Law
20.1 This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State in which the services are being ordered, without regard to its conflict of laws principles.
21. Audits and Examinations
21.1 Subject to a Billing Party’s reasonable security requirements and except as may be otherwise specifically provided in this Agreement, the Billed Party may audit the Billing Party’books, records and other documents once in each 12 month period for the purpose of evaluating the accuracy of the Billing Party’s billing and invoicing. Such audit may include examination of the flow of call detail records from the Billing Party’s switch to the Billing Party’s internal systems to the usage file transmitted to the Billed Party. The Billed Party may employ other persons or firms for this purpose. Such audit shall take place at a time and place agreed on by the Parties no later than sixty (60) days after notice thereof to the Billing Party.
21.2 The Parties also must mutually agree on a written scope of the audit and the billing and invoices to be audited prior to the initiation of the audit.
21.3 The Billed Party shall promptly correct any billing error that is revealed in an audit, including making refund of any overpayment by the Billed Party in the form of a credit 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 Resolution of Disputes, of the General Terms and Conditions of this Agreement.
21.4 The Billing Party shall cooperate fully in any such audit, providing reasonable access to any and all appropriate Billing Party employees and books, records and other documents reasonably necessary to assess the accuracy of the Billing Party’s bills.
21.5 Third party audits requested by a Billed Party shall be at the Billed Party’s expense, subject to reimbursement by the Billing Party in the event that an audit finds an adjustment in the charges or in any invoice paid or payable by the Billed Party hereunder by an amount that is, on an annualized basis, greater than three percent (3%) of the aggregate charges for the services during the period covered by the audit. In the event the audit is not conducted by a third party, each Party shall bear its own expense incurred in conducting the audit.
21.6 Upon (i) the discovery by a Party of overcharges not previously reimbursed to the other Party or (ii) the resolution of disputed audits, the overcharging Party shall promptly reimburse the other Party the amount of any overpayment times the highest interest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the date of overpayment to and including the date that payment is actually made. In no event, however, shall interest be assessed on any previously assessed or accrued late payment charges.
21.1.6 This Section shall survive expiration or termination of this Agreement for a period of two (2) years after expiration or termination of this Agreement.
22.1 In addition to any other rights or remedies, and unless specifically provided here and to the contrary, either Party may xxx in equity for specific performance, where authorized under applicable law.
22.2 Except as otherwise provided herein, all rights of termination, cancellation or other remedies prescribed in this Agreement, or otherwise available, are cumulative and are not intended to be exclusive of other remedies to which the injured Party may be entitled at law or equity in case of any breach or threatened breach by the other Party of any provision of this Agreement, and use of one or more remedies shall not bar use of any other remedy for the purpose of enforcing the provisions of this Agreement.
23.1 In all cases of operator and directory assistance services Sprint provides using services provided by AT&T-9STATE under this Agreement, AT&T-9STATE shall, where technically feasible, at Sprint’s sole discretion and expense, brand any and all such services at all points of customer contact exclusively as Sprint services, or otherwise as Sprint may specify, or be provided with no brand at all, as Sprint shall determine. If AT&T-9STATE cannot provide such branding of Operator Services and Directory Assistance, AT&T-9STATE shall unbrand for all, including itself.
23.2 Sprint shall provide the exclusive interface to Sprint subscribers, except as Sprint shall otherwise specify. In those instances where Sprint requests AT&T-9STATE personnel to interface with Sprint subscribers, such AT&T-9STATE personnel shall inform Sprint subscribers that they are representing Sprint, or such brand as Sprint may specify and shall not identify themselves as representing AT&T-9STATE.
23.3 The Parties agree that the services offered by Sprint that incorporate Services and Elements made available to Sprint pursuant to this Agreement shall be branded as Sprint services. All forms, business cards or other business materials furnished by AT&T-9STATE to Sprint customers shall be made available for Sprint’s review. In no event shall AT&T-9STATE, acting on behalf of Sprint pursuant to this Agreement, provide information to Sprint local service customers about AT&T- 9STATE products or services. For installation and repair services, AT&T-9STATE shall utilize generic leave behind material for Sprint customers that bears no corporate name, logo, trademark or trade name.
23.4 In no event shall AT&T-9STATE provide information to Sprint’s subscribers about Sprint’s products or services during installation, maintenance or repair visits.
23.5 AT&T-9STATE shall train its employees to meet its branding obligations and to provide service on a non-discriminatory basis.
24. Network Security
24.1 Protection of Service and Property
24.1 AT&T-9STATE shall exercise the same level of care it provides itself to prevent harm or damage to Sprint, its employees, agents or customers, or their property. AT&T-9STATE agrees to take reasonable and prudent steps to ensure the adequate protection of Sprint property located within AT&T-9STATE premises including, but not limited to:
24.1.1 Restricting access to Sprint equipment, support equipment, systems, tools and data, or spaces which, contain or house Sprint equipment enclosures, to Sprint employees and other authorized non-Sprint personnel to the extent necessary to perform their specific job function.
24.1.2 Assuring that the physical security and the means of ingress and admission to spaces that house Sprint equipment or equipment enclosures are equal to or exceed those provided for AT&T- 9STATE pursuant to AT&T-9STATE Admissions Practices.
24.1.3 Limiting the keys used in its keying systems for spaces which contain or house Sprint equipment or equipment enclosures to its employees and representatives for emergency access only. Sprint shall further have the right to change locks on all spaces where deemed necessary for the protection and security of such spaces. In such an event, Sprint shall provide AT&T-9STATE with replacement keys.
24.1.4 Insuring that doors that provide access to Sprint equipment enclosures are equipped to protect against removal of hinge pins.
24.1.5 Installing controls and logical security: To disconnect a user for a pre-determined period of inactivity on authorized ports; to protect customer proprietary information; and databases to ensure both ongoing operational and update integrity. to assure that all approved system and modem access be secured through security servers and that access to or connection with a network element shall be established through a secure network or security gateway to provide security in accordance with Design, Development, Maintenance and Administration Security Standards for Network Elements, Network Element Support Systems, and other Computer Systems.
24.2 Revenue Protection
24.2.1 Where AT&T-9STATE services are being resold and where Sprint is using a AT&T-9STATE port, Sprint will have the use of all present and future fraud prevention or revenue protection features, including prevention, detection, or control functionality embedded within any of the network elements available to AT&T-9STATE. These features include, but are not limited to, screening codes, call blocking of international, 800, 900 and 976 numbers. Sprint and AT&T-9STATE will work cooperatively to prevent and research any fraud situation.
24.2.2 The party causing a provisioning, maintenance or signal network routing error that results in
uncollectible or unbillable revenues to the other party shall be liable for the amount of the revenues lost by the party unable to xxxx or collect the revenues. The process for determining the amount of the liability will be as set forth in Attachment 7 of this Agreement.
22.214.171.124 Uncollectible or unbillable revenues resulting from the accidental or malicious alternation of software underlying Network Elements or their subtending operational support systems by unauthorized third Parties shall be the responsibility of the Party having administrative control of access to said Network Element or operational support system software to the extent such unbillable or uncollectible revenue results from the negligent or willful act or omission of the Party having such administrative control.
24.2.3 AT&T-9STATE shall be responsible for any uncollectible or unbillable revenues resulting from the unauthorized physical attachment to loop facilities from the Main Distribution Frame up to and including the Network Interface Device, including clip-on fraud to the extent such unbillable or uncollectible revenue results form the negligent or willful act or omission of AT&T-9STATE. AT&T-9STATE shall provide soft dial tone to allow only the completion of calls to final termination points required by law.
25. Relationship of Parties
It is the intention of the Parties that AT&T-9STATE be an independent contractor and nothing contained herein shall constitute the Parties as joint ventures, partners, employees, or agents of one another, and neither party shall have the right or power to bind or obligate the other.
26. No Third Party Beneficiaries
The provisions of this Agreement are for the benefit of the Parties hereto and not for any other person. This Agreement shall not provide any person not a party hereto with any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those existing without reference hereto.
27.1 Any provision of this Agreement or its Attachments, that by its nature should survive the expiration or termination of this Agreement, shall so survive.
28. Responsibility for Environmental Hazards
28.1 Sprint shall in no event be liable to AT&T-9STATE for any costs whatsoever resulting from the presence or release of any Environmental Hazard that Sprint did not cause or introduce to the affected work location. AT&T-9STATE hereby releases, and shall also indemnify, defend (at Sprint’s request) and hold harmless Sprint and each of Sprint’s officers, directors and employees from and against any losses and expenses that arise out of or result from (i) any Environmental Hazard that AT&T-9STATE, its contractors, tenants, collocating 3rd parties or its agents introduce to the work locations or (ii) any other presence or release of any Environmental Hazard at any work location, except as provided in Section 28.2.
28.2 Prior to Sprint or its employees, contractors, or agents introducing an Environmental Hazard into a work location Sprint shall fully inform AT&T-9STATE in writing of its planned actions at such work location and shall receive AT&T-9STATE’s written permission for such actions and Sprint warrants that it shall comply with all legal and regulatory obligations it has with respect to such Environmental Hazard and notices it is required to provide with respect thereto. AT&T-9STATE shall in no event be liable to Sprint for any costs whatsoever resulting from the presence or release of any Environmental Hazard that Sprint causes or introduces to the affected work location. Sprint shall indemnify, defend (at AT&T-9STATE’s request) and hold harmless AT&T-9STATE and each of AT&T-9STATE’s officers, directors and employees from and against any losses and expenses that arise out of or result from any Environmental Hazard that Sprint, its contractors or its agents cause or introduce to the work location. Sprint shall be responsible for obtaining, including payment of associated fees, all environmental permits, licenses and/or registrations required for Environmental Hazards Sprint causes or introduces to the affected work location.
28.3 In the event any suspect material within AT&T-9STATE-owned, operated or leased facilities are identified to be asbestos-containing, Sprint will notify AT&T-9STATE before commencing any activities and ensure that to the extent any activities which it undertakes in the facility disturb any asbestos-containing materials (ACM) or presumed asbestos containing materials (PACM) as defined in 29 CFR Section 1910.1001, such Sprint activities shall be undertaken in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by Sprint or equipment placement activities that result in the generation or disturbance of asbestos containing material, Sprint shall not have any responsibility for managing, nor be the owner of, nor have any liability for, or in connection with, any asbestos containing material. Both Parties agree to immediately notify the other if the Party undertakes any asbestos control or asbestos abatement activities that potentially could affect Sprint equipment or operations, including, but not limited to, contamination of equipment.
28.4 Within ten (10) business days of Sprint’s request for any space in AT&T-9STATE owned or controlled facility, AT&T-9STATE shall provide any information in its possession regarding the known environmental conditions of the space provided for placement of equipment and interconnection including, but not limited to, the existence and condition of any and all known or suspected asbestos containing materials, lead paint, hazardous or regulated substances, or any evidence of radon. Information is considered in AT&T-9STATE’s possession under this Agreement if it is in the possession of an employee, agent, or authorized representative of AT&T-9STATE.
28.5 If the space provided for the placement of equipment, interconnection, or provision of service contains known environmental contamination or hazardous material, particularly but not limited to hazardous levels of friable asbestos, lead paint or hazardous levels of radon, which causes the placement of such equipment or interconnection to pose a threat to human health that cannot be properly remedied according to AT&T-9STATE procedures, AT&T-9STATE shall offer an alternative space, if available, for Sprint’s consideration. If interconnection is complicated by the presence of environmental contamination or hazardous materials, and an alternative route is available,
AT&T-9STATE shall make such alternative route available for Sprint’s consideration.
28.6 Subject to this Section and to AT&T-9STATE’s standard security procedures, which procedures will be provided to Sprint, AT&T-9STATE shall allow Sprint at Sprint’s expense to perform any environmental site investigations, including, but not limited to, asbestos surveys, which Sprint deems to be necessary in support of its collocation needs.
28.7 The parties will comply with all additional environmental requirements stated in other sections of this agreement. In the event of a conflict between other such sections and this Section 28, this Section 28 shall control.
28.8 When used in the context of environmental hazards, "Release" means any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching, or migration, including without limitation, the movement of Environmental Hazards through or in the air, soil, surface water or groundwater, or any action or omission that causes Environmental Hazards to spread or become more toxic or more expensive to investigate or remediate.
28.9 Each Party shall be solely responsible at its own expense for the proper handling, use, removal, excavation, storage, treatment, transport, disposal, or any other management by such Party or any person acting on its behalf of all Hazardous Substances and Environmental Hazards introduced to the affected work location and will perform such activities in accordance with Applicable Law. “Hazardous Substances” means (i) any material or substance that is defined or classified as a hazardous substance, hazardous waste, hazardous material, hazardous chemical, pollutant, or contaminant under any federal, state, or local environmental statute, rule, regulation, ordinance or other Applicable Law dealing with the protection of human health or the environment, (ii) petroleum, oil, gasoline, natural gas, fuel oil, motor oil, waste oil, diesel fuel, jet fuel, and other petroleum hydrocarbons, or (iii) asbestos and asbestos containing material in any form, and (iv) any soil, groundwater, air, or other media contaminated with any of the materials or substances described above. “Environmental Hazard” means (i) the presence of petroleum vapors or other gases in hazardous concentrations in a manhole or other confined space, or conditions reasonably likely to give rise to such concentrations, (ii) asbestos containing materials, or (iii) any potential hazard that would not be obvious to an individual entering the work location or detectable using work practices standard in the industry.
28.10 Notwithstanding anything to the contrary in this Agreement and to the fullest extent permitted by Applicable Law, AT&T-9STATE shall, at Sprint’s request, indemnify, defend, and hold harmless Sprint, each of its officers, directors and employees from and against any losses, damages, costs, fines, penalties and expenses (including reasonable attorneys and consultant’s fees) of every kind and nature to the extent they are incurred by any of those parties in connection with a claim, demand, suit, or proceeding for damages, penalties, contribution, injunction, or any other kind of relief that is based upon, arises out of, is caused by, or results from: (i) the removal or disposal from the work location of a Hazardous Substance by AT&T-9STATE or any person acting on behalf of AT&T- 9STATE, or the subsequent storage, processing, or other handling of such Hazardous
Substances after they have been removed from the work location, (ii) the Release of a Hazardous Substance, regardless of its source, by AT&T-9STATE or any person acting on behalf of AT&T-9STATE, or (iii) the presence at the work location of an Environmental Hazard for which AT&T-9STATE is responsible under Applicable Law or a Hazardous Substance introduced into the work location by AT&T-9STATE or any person acting on behalf of AT&T-9STATE.
28.11 Notwithstanding anything to the contrary in this Agreement and to the fullest extent permitted by Applicable Law, Sprint shall, at AT&T-9STATE’s request, indemnify, defend, and hold harmless AT&T-9STATE, each of its officers, directors and employees from and against any losses, damages, costs, fines, penalties and expenses (including reasonable attorney’s and consultant’s fees) of every kind and nature to the extent they are incurred by any of those parties in connection with a claim, demand, suit, or proceeding for damages, penalties, contribution, injunction, or any other kind of relief that is based upon, arises out of, is caused by, or results from: (i) the removal or disposal of a Hazardous Substance from the work location by Sprint or any person acting on behalf of Sprint, or the subsequent storage, processing, or other handling of such Hazardous Substances after they have been removed from the work location, (ii) the Release of a Hazardous Substance, regardless of its source, by Sprint or any person acting on behalf of Sprint, or (iii) the presence at the work location of an Environmental Hazard for which Sprint is responsible under Applicable Law or a Hazardous Substance introduced into the work location by Sprint or any person acting on behalf of Sprint.
29.1 Every notice, consent, approval, or other communications required or contemplated by this Agreement shall be in writing and, unless otherwise expressly required by this Agreement to be delivered to another representative or point of contact, shall be delivered (i) in person, (ii) by express overnight delivery service, or (iii) by either first class or certified U.S. Postal service, with postage prepaid and return receipt requested, to:
Contract Management ATTN: Notices Manager
000 X. Xxxxx Xx. 0xx xxxxx Xxxx XX&X Xxxxx Xxxxxx, XX 00000-0000
Fax (000) 000-0000
Sprint Communications Company L.P. [STILL SUBJECT TO REVISION]
Manager, ICA Solutions 0000 Xxxxxx Xxxxxxx
Xxxxxxxx Xxxx, XX 00000
Phone: (000) 000-0000 (overnight mail only)
P. O. Xxx 0000
Xxxxxxx Xxxxxxx, XX 00000-0000 With a copy to:
Legal/Telecom Management Privacy Group Mailstop KSOPKN0214-2A568
0000 Xxxxxx Xxxxxxx Xxxxxxxx Xxxx, XX 00000
Legal/Telecom Mgmt Privacy Group
P. O. Xxx 0000
Xxxxxxxx Xxxx, XX 00000-0000
or at such other address as the intended recipient previously shall have designated by written notice to the other Party.
29.2 Unless otherwise provided in this Agreement, notice will be deemed given as of the earliest of (i) actual receipt, or (ii) where delivered by express delivery or U.S. mail, return receipt, as of the date it is officially recoreded as delivered by the return receipt or equivalent.
29.2a.1 Either Party may unilaterally change its designated contact name and/or address for the receipt of notices by giving written Notice to the other Party in compliance with this Section above. Any Notice to change the designated contact name and/or address for the receipt of Notices shall be deemed effective ten (10) calendar days following receipt by the other Party.
29.2a.2 AT&T-9STATE communicates official information to CLECs via its Accessible Letter, or other applicable, notification processes. These processes involve electronic transmission and/or posting to the AT&T CLEC Online website, inclusive of a variety of subjects including changes on business processes and policies, and other product/service related notices not requiring an amendment to this Agreement.
29.2a.3 Sprint may designate up to a maximum of ten (10) recipients for Accessible Letter notification via e-mail.
29.2a.4 Intentionally left blank. AT&T-9STATE shall notify Sprint electronically of proposed price changes at least thirty (30) days prior to the effective date of any such price change.
29.4 Intentionally left blank. AT&T-9STATE shall not discontinue any interconnection arrangement, or Network Element or combination provided or required hereunder without
providing Sprint forty-five (45) days’ prior written notice of such discontinuation of such service, element or arrangement. AT&T-9STATE agrees to cooperate with Sprint with any transition resulting from such discontinuation of service and to minimize the impact to customers which may result from such discontinuance of service. If available, AT&T-9STATE will provide substitute services and elements.
29.5 AT&T-9STATE shall provide notice of network changes and upgrades as required by Sections 51.325 through 51.335 of Title 47 of the Code of Federal Regulations or other applicable FCC and/or Commission rules.
30. Rule of Construction
No rule of construction requiring interpretation against the drafting Party hereof shall apply in the interpretation of this Agreement.
31. 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.
32. Multiple Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall together constitute but one and the same document.
33. Implementation of Agreement
33.1 To the extent necessary to implement this Agreement, (i.e., changes to the Parties’ existing arrangements in effect as of the Effective Date), within 60 days of Commission approval of this Agreement (or such other time period as the parties mutually agree upon) the Parties will adopt a schedule for the implementation of the Agreement.
33.2 The Parties understand that the arrangements and provision of services described in this Agreement shall require technical and operational coordination between the Parties. The Parties further agree that it is not feasible for this Agreement to set forth each of the applicable and necessary procedures, guidelines, specifications, and standards that will promote the Parties provision of Telecommunications Services Authorized Services to their respective Customers. The Parties agree to identify, develop, and document operational processes and procedures, supporting industry standards and guidelines in the development of business rules and software specifications, as well as negotiate and implement any additional terms and conditions necessary to support the terms and intent of this Agreement.
33.3 Intentionally left blank. Existing AT&T-9STATE operating procedures and interface documentation shall be made available for Sprint’s review within 30 days of execution of this Agreement. In the case of any conflict between AT&T-9STATE procedures and the terms, conditions and intent of this Agreement, the Parties will negotiate any modifications to such procedures which may be required to support the terms, conditions and intent of this agreement. In the event that there are existing operations manuals, AT&T-9STATE informational or instructional web sites, documented change controls processes, or joint implementation plans, currently in place or previously negotiated by the parties, Sprint and AT&T-9STATE agree that they will be reviewed for accuracy and validity under this Agreement and updated, modified, or replaced as necessary. AT&T-9STATE will advise Sprint of changes to the operating procedures and interface documentation on a mutually agreeable basis.
33.4 The Implementation Plan may be modified from time to time as mutually agreed by the Parties.
34. Filing of Agreement
Upon execution of this Agreement it shall be filed with the appropriate state regulatory agency pursuant to the requirements of Section 252 of the Act. AT&T-9STATE and Sprint shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement and to make any required tariff modifications in their respective tariffs, if any. In the event any governmental authority or agency rejects any provision hereof, the Parties shall negotiate promptly and in good faith make such revisions as may reasonably be required to achieve approval. If the regulatory agency imposes any filing or public interest notice fees regarding the filing or approval of the Agreement, Sprint shall be responsible for publishing the required notice and the publication and/or notice costs shall be borne by Sprint.
For electronic filling purposes in the State of Louisiana, the CLEC Louisiana Certification Number is required and must be provided by Sprint prior to filing of the Agreement. The CLEC Louisiana Certification Number for Sprint CLEC is TSP 00078.
35. Intentionally Left Blank
36. Entire Agreement
This Agreement and its Attachments, incorporated herein by reference, sets forth the entire Agreement and supersedes prior agreements between the Parties relating to the subject matter contained herein. Neither Party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as is subsequently set forth in writing and duly signed by the Parties.
The Parties acknowledge that they have assented to all of the covenants and promises in this
Agreement as a single whole and that all of such covenants and promises, taken as a whole, constitute the essence of the contract. The Parties further acknowledge that this Agreement is intended to constitute a single transaction, that the obligations of the Parties under this Agreement are interdependent, and that payment obligations under this Agreement are intended to be recouped against other payment obligations under this Agreement.
38.0 Compliance and Certification
38.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law.
38.2 Each Party warrants that it has obtained all necessary state certification required in each state covered by this Agreement prior to ordering any Interconnection Services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification.
38.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement.
38.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA.
39.0 Relationship of the Parties/Independent Contractor
39.1 Each Party is an independent contractor, and 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 its employees assisting in the performance of such obligations. Each Party and each Party’s contractor(s) shall be solely responsible for all matters relating to payment of such employees, including the withholding or payment of all applicable federal, state and local income taxes, social security taxes and other payroll taxes with respect to its employees, as well as any taxes, contributions or other obligations imposed by applicable state unemployment or workers’ compensation acts and all other regulations governing such matters. Each Party has sole authority and responsibility to hire, fire and otherwise control its employees.
39.2 Nothing contained herein shall constitute the Parties as joint venturers, partners, employees or agents of one another, and neither Party shall have the right or power to bind or obligate the other. Nothing herein will be construed as making either Party responsible or liable for the obligations and undertakings of the other Party. Except for provisions herein expressly authorizing a Party to act for another, nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind,
express or implied, against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party, whether regulatory or contractual, or to assume any responsibility for the management of the other Party’s business
40.1 If either Party retains or engages any subcontractor to perform any of that Party’s obligations under this Agreement, each Party will remain fully responsible for the performance of this Agreement in accordance with its terms, including any obligations either Party performs through subcontractors.
40.2 Each Party will be solely responsible for payments due that Party’s subcontractors.
40.3 No subcontractor will be deemed a Third Party beneficiary for any purposes under this Agreement.
40.4 No contract, subcontract or other agreement entered into by either Party with any Third Party in connection with the provision of Interconnection Services hereunder will provide for any indemnity, guarantee or assumption of liability by the other Party to this Agreement with respect to such arrangement, except as consented to in writing by the other Party.
40.5 Any subcontractor that gains access to Customer Proprietary Network Information (CPNI) or Proprietary Information covered by this Agreement shall be required by the subcontracting Party to protect such CPNI or Proprietary Information to the same extent the subcontracting Party is required to protect such CPNI or Proprietary Information under the terms of this Agreement.
41.0 Intentionally left blank
42.0 End User Inquiries
42.1 Except as otherwise required by Section 48.1 below, each Party will refer all questions regarding the other Party’s services or products directly to the other Party at a telephone number specified by that Party.
42.2 Except as otherwise required by Section 48.1 below, each Party will ensure that all of its representatives who receive inquiries regarding the other Party’s services:
42.2.1 Direct the callers who inquire about the other Party’s services or products to their local service provider.
42.2.2 Do not in any way disparage or discriminate against the other Party or its products or services.
42.3 Except as otherwise provided in this Agreement, CLEC shall be the primary point of contact for CLEC’s End Users with respect to the services CLEC provides such End Users.
42.4 CLEC acknowledges that AT&T-9STATE may, upon End User request, provide services directly to such End User similar to those offered to CLEC under this Agreement.
43. Intentionally left blank.
44.0 Conflict of Interest
44.1 The Parties represent that no employee or agent of either Party has been or will be employed, retained, paid a fee, or otherwise received or will receive any personal compensation or consideration from the other Party, or any of the other Party’s employees or agents in connection with the negotiation of this Agreement or any associated documents.
45.0 Amendments and Modifications
45.1 Except as otherwise provided for in this Agreement, no provision of this Agreement shall be deemed amended or modified by either Party unless such an amendment or modification is in writing, dated, and signed by an authorized representative of both Parties.
46.1 Each of the AT&T-owned ILEC(s) for which this Agreement is executed represents and warrants that it is a corporation or limited partnership duly organized, validly existing and in good standing under the laws of its State of incorporation or formation. Each of the AT&T-owned ILEC(s) for which this Agreement is executed represents and warrants that AT&T Operations, Inc. has full power and authority to execute and deliver this Agreement as agent for that AT&T-owned ILEC. Each of the AT&T-owned ILEC(s) for which this Agreement is executed represents and warrants that it has full power and authority to perform its obligations hereunder.
46.2 CLEC represents and warrants that it is a [INSERT Entity Type] duly organized, validly existing and in good standing under the laws of the State of [INSERT State of Incorporation] and has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. CLEC represents and warrants that it has been or will be certified as a LEC by the Commission(s) prior to submitting any orders hereunder and is or will be authorized to provide the Telecommunications Services contemplated hereunder in the territory contemplated hereunder prior to submission of orders for such Service.
46.3 Each Person whose signature appears below represents and warrants that he or she has authority to bind the Party on whose behalf he or she has executed this Agreement.
47. Intentionally left blank.
48.0 Changes in End User Local Exchange Service Provider
48.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself
and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligations. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge.
48.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User.
48.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-9STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities.
48.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-9STATE, AT&T-9STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-9STATE will notify CLEC that such a request has been processed after the disconnect order has been completed.
48.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.
IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate on the day and year written below.
Sprint BellSouth Telecommunications, Inc.,
d/b/a AT&T Kentucky by AT&T Operations, Inc., its authorized agent
(Print or Type)
(Print or Type)
(Print or Type)
Title: Director – Interconnection Agreements
General Terms and Conditions Part B - Definitions
“911 Service” means a universal telephone number which gives the public direct access to the Public Safety Answering Point (PSAP)system. Basic 911 Service collects 911 calls from one or more local exchange switches that serve a geographic area. The calls are then sent to the correct authorityPSAP designated to receive such calls.
“Access Customer Name and Address (ACNA)” The abbreviated name of the customer to be billed for access services. This code is the same as the Interexchange Access Customer (IAC) code.
“Act” means the Communications Act of 1934 [47 U.S.C. 153], as amended by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56 (1996) codified throughout
“Access Tandem” means a LEC switching system that provides a concentration and distribution function for originating and/or terminating traffic between a LEC End Office network and IXC POPsthe switching systems operated by carriers other than the LEC that operates the LEC End Office network.
“Accessible Letter(s)” means AT&T-9 STATE correspondence used to communicate pertinent information regarding AT&T-9 STATE to the CLEC communityother carriers that is intended
to be of broad interest or application, as opposed to being information applicable to a single carrier.
“Affiliate” has the meaning as defined at 47 U.S.C. § 153(1).
“Answer Supervision” means an off-hook supervisory signal sent by the receiving Party’s Central Office Switch to the sending Party’s Central Office Switch on all Completed Calls after address signaling has been completed.
“Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, orders, permits, tariffs and approvals, including those relating to the environment or health and safety, of any Governmental Authority that apply to the Parties or the subject matter of this Agreement.
“AT&T Inc. (AT&T)” means the holding company which directly or indirectly owns the following ILECs: BellSouth Telecommunications, Inc. d/b/a AT&T Alabama, AT&T Florida, AT&T Georgia, AT&T Kentucky, AT&T Louisiana, AT&T Mississippi, AT&T North Carolina, AT&T South Carolina and AT&T Tennessee; Illinois Xxxx Telephone Company d/b/a AT&T Illinois, Xxxxxxx Xxxx Telephone Company Incorporated d/b/a AT&T Indiana, Michigan Xxxx Telephone Company d/b/a AT&T Michigan, Nevada Xxxx Telephone Company d/b/a AT&T Nevada and AT&T Wholesale, The Ohio Xxxx Telephone Company d/b/a AT&T Ohio, Pacific Xxxx Telephone Company d/b/a AT&T California, The Southern New England Telephone Company d/b/a AT&T Connecticut, Southwestern Xxxx Telephone Company d/b/a AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma and AT&T Texas, and Wisconsin Xxxx, Inc. d/b/a AT&T Wisconsin. As used in this Agreement, AT&T refers to the AT&T Inc. ILECs only.
“AT&T-9 STATE” means the AT&T-owned ILEC(s) doing business in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee.
“Audited Party” means the Party being audited by the Auditing Party.
“Auditing Party” means the Party conducting an audit of the Audited Party’s books, records, data and other documents.
“Authorized Services” means those services which a Party may lawfully provide pursuant to Applicable Law. This Agreement is solely for the exchange of Authorized Services traffic between the Parties’ respective networks as provided herein.
“Automatic Location Identification/Date Management System (ALI/DMS)” means the emergency service (E911/911) database containing subscriber location information (including name, address, telephone number, and sometimes special information from the local service provider) used to determine to which PSAP to route the call.
“Automatic Number Identification (ANI)” is a feature that identifies the number of a telephone line that originates a call.
“Xxxx Due Date” means thirty (30) calendar days from the billinvoice date if the invoice is received by the Billed Party within five (5) days of the invoice date. For invoices not received within five (5) days of the invoice date, the Xxxx Due Date is the last day of the next billing cycle following actual receipt of the invoice.
“Billed Party” means the recipient Party of a xxxx rendered from the Billing Party.
“Billing Party” means the Party rendering a xxxx.
“Bona Fide Request (BFR)” means the process described in the General Terms and Conditions
– Part A, Section 78 Bona Fide Request/New Business Process provisions.
“Building” is a permanent physical structure including, but not limited to, a structure in which people reside, or conduct business or work on a daily basis and through which there is one centralized point of entry in the structure through which all telecommunications services must transit. As an example only, a high rise office building with a general telecommunications equipment room through which all telecommunications services to that building’s tenants must pass would be a single “building” for purposes of this Attachment 2. Two or more physical areas served by individual points of entry through which telecommunications services must transit will be considered separate buildings. For instance, a strip mall with individual businesses obtaining telecommunication services from different access points on the building(s) will be considered individual buildings, even though they might share common walls.
“Business Day” means Monday through Friday, excluding holidays on which U.S. Mail is not delivered.
“CABS” means the Carrier Access Billing System.
“Carrier Identification Codes (CIC)” means a code assigned by the North American Numbering Plan administrator to identify the entity who purchases access servicesspecific Interexchange Carriers. This code is primarily used for billing and routing from the local exchange network to the access purchaserpurposes.
“Calling Party Number (CPN)” means a Signaling System 7 “SS7” parameter whereby the ten (10) digit number of the calling Party is forwarded from the End Office.
“Cell Site” means a transmitter/receiver location, operated by or on behalf of an FCC-wireless licensed carrier, through which radio links are established between a wireless system and mobile units.
“Central Automatic Message Accounting (CAMA) Trunk” means a trunk that uses Multi- Frequency (MF) signaling to transmit calls from Sprint PCS’ switch to an AT&T-9 STATE E911 Selective Router.
“Central Office” means a telephone company facility where subscribers’ lines are joined to switching equipment for connecting to other subscribers, locally or long distance.
“Central Office Switch” means/refers to the switching entity within a Central Office bBuilding in the PSTN. The term “Central Office” refers to the bBuilding, whereas the term “Central Office Switch” refers to the switching equipment within the bBuilding, but both terms are sometimes used interchangeably. The term “Central Office” is sometimes used to refer to either an End Office, or a Tandem Office or a Mobile Switch Center. Central Offices are also referred to by other synonymous terms, some of which are:
“End Office Switch” means/refers to thea switching machine or entity that directly terminates traffic to and receives traffic from purchasers of localTelephone Exchange Services, usually referred to as an End User or customer, within a specific geographic exchange. The End Office Switch also connects End Users to other End Users, served by the other End Office Switches, outside of their geographic exchange by way of
“Tandem Office Switch” or “Tandem Switch” means/refers to a switch that has been designed for special functions that an End Office Switch does not or cannot perform. A Tandem Office Switch provides a common switch point whereby other switches, both Tandem Office Switches, and End Office Switches, MSCs or IXC switching systems may exchange calls between each other when a direct Trunk Group is unavailable. The term “Tandem Office” and “Tandem” are used to refer to the bBuilding in which the Tandem Office Switch resides, but are also used interchangeably to refer to the switch within the bBuilding.
“Centralized Message Distribution System (CMDS)” means the industry-wide data collection system, which handles the daily exchange of message details between CMDS participating telephone companies (also known as CMDS Direct Participants).
“Collocation Space” means the right of Sprint to occupy that certain area designated by AT&T-9 STATE within a AT&T-9STATE Premises, of a size which is specified by Sprint and agreed to by AT&T-9 STATE which agreement should not be unreasonably withheld.
“Commercial Mobile Radio Service(s) (CMRS)” has the meaning as defined at 47 U.S.C. § 332(d)(1) and 47 C.F.R. § 20.9.
“Commission” is defined as the appropriate telecommunications regulatory agency in each of AT&T-9STATE’s nine state region, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee.
“Common Channel Signaling (CCS)” means or refers to a network architecture that uses Signaling System 7 (SS7) to transport supervision, alerting, addressing and controls signals, and data messages between Telecommunications nodes and networks during call set-up and tear- down, utilizing Signaling Transfer Points (STP), Service Switching Points (SSP) and Signaling Control Points (SCP). CCS is an out-of-band network that is separate from the call transmission
path of the PSTN that carries the actual call. Unless otherwise agreed by the Parties, the CCS protocol used by the Parties shall be SS7.
“Common Language Location Identifier (CLLI)” means the codes that provide a unique 11- character representation of a point within a network interconnection point. The first 8 characters identify the city, state and building location, while the last three (3) characters identify the network component.
“Competitive Local Exchange Carrier (CLEC)” means a telephone companynon-incumbent LEC that is certificated by the Commission to provide local Exchange Service within AT&T-9 STATE’s franchised areaTelephone Exchange Services and/or Telephone Toll Services within such Commission’s State.
“Completed Call” means a call that is delivered, for which a connection is established after Answer Supervision.
“Conduit” is a structure containing one or more Ducts, usually placed in the ground, in which cables or wires may be installed
“Confidential and/or Proprietary Information” has the meaning set forth in Section 11.1 of General Terms and Conditions.
“Consequential Damages” means Losses claimed to have resulted from any indirect, incidental, consequential, reliance, or special, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from suffered by a Party (including without limitation damages for harm to business, lost of anticipated revenues, lost savings, or lost profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, by such other Party), regardless of the form of action, whether in contract, warranty, strict liability, or tort, including without limitation negligence of any kind whether active or passive, and regardless of whether the pParties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.
“Conversation MOU” means the minutes of use that both Parties’ equipment is used for a Completed Call, measured from the receipt of Answer Supervision to the receipt of Disconnect Supervision.
“Daily Usage File” is the compilation of messages or copies of messages in standard Exchange Message Interface (EMI) format exchanged from AT&T-9 STATE to Sprint.
“Day” means calendar day unless “Business Day” is specified.
“Dedicated Transport” means transmission Facilities, including all Technically Feasible capacity- related services including, but not limited to, DS1, DS3, and Ocn levels, to the extent such Facilities are dedicated to a particular customer or carrier, for the exchange of traffic between designated points.
“Defaulting Party” is a Party in breach of a material term or condition of the Agreement.
“Delaying Event” means any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by: the failure of the other Party to perform any of its obligations set forth in this Agreement, including but not limited to a Party’s failure to provide the other Party with accurate and complete Service Orders to the accuracy or completeness of such Service Orders does not comport with Applicable Law; any delay, act or failure to act by the other Party or its End User, agent or subcontractor to the extent the action at issue is required by Applicable Law; or any Force Majeure Event.
“DEOT” means Direct End Office Trunk.
“Digital Signal Level” means one of several transmission rates in the time-division multiplex hierarchy.
“Digital Signal Level 0 (DS-0)” means the lowest-level signal in the time division multiplex digital hierarchy, and represents a voice-grade channel operating at either the 56 Kbps or 64 Kbps transmission bit rates. There are 24 DS-0 channels in a DS-1.
“Digital Signal Level 1 (DS-1)” means the 1.544 Mbps first level signal in the time division multiplex hierarchy.
“Digital Signal Level 3 (DS-3)” means the 44.736 Mbps third level signal in the time division multiplex hierarchy.
“Directory Assistance Database” refers to a collection of subscriber records used by AT&T- 9STATE in its provision of live or automated operator-assisted directory assistance including but not limited to 411, 555-1212, NPA 555-1212.
“Directory Assistance Service” provides local end user telephone number listings with the option to complete the call at the callers direction separate and distinct from local switching.
“Disconnect Supervision” means an on-hook supervisory signal sent at the end of a Completed Call.
“Discontinuance Notice” means the written notice sent by the Billing Party to the other Party that notifies the Non-Paying Party that in order to avoid disruption or disconnection of the Interconnection products and/or services, furnished under this Agreement, the Non-Paying Party must remit all undisputed Unpaid Charges to the Billing Party within fifteen (15) calendar days following receipt of the Billing Party’s notice of undisputed Unpaid Charges.
“Disputed Amounts” means the amount that the Disputing Party contends is incorrectly billed.
“Disputing Party”, as used in Sections 10.0 below and 12.0 below means the Party to this Agreement that is disputing an amount in a xxxx rendered by the Billing Party.
“End User(s)” means a Third Party subscriber of TelecommunicationsAuthorized Services provided in whole or in part by any of the Parties at retail. As used herein, the term “End
User(s)” does not include any of the Parties to this Agreement with respect to any item or service obtained under this Agreement.
“Enhanced 911 Service (E911)” means a telephoneTelecommunications Sservice which will automatically route a call dialed "911" to a designated PSAP attendant and will provide to the attendant the calling party’s telephone number and, when possible, the address from which the call is being placed and the emergency response agencies responsible for the location from which the call was dialed.
“Environmental Hazard” means (i) the presence of petroleum vapors or other gases in hazardous concentrations in a manhole or other confined space, or conditions reasonably likely to give rise to such concentrations, (ii) asbestos containing materials, or (iii) any potential hazard that would not be obvious to an individual entering the work location or detectable using work practices standard in the industry.
“Equal Access Trunk Group” means a trunk used solely to deliver Sprint PCS’s customers’ traffic through an AT&T access tandem to or from an IXC, using Feature Group D protocols.
“Exchange Access Service” has the meaning as defined at 47 U.S.C. § 153(4716).
“Exchange Message Interface (EMI)” (formerly Exchange Message Record “EMR”) is the nationally administered standard format for the exchange of message informationdata among the Exchange Carriers for billable, non-billable, CABS, sample, settlement and study data. EMI format is contained in the Alliance for Telecommunications Industry Solutions (ATIS) document, ATIS-0406000-xxxx (where xxxx refers to the specific publication)within the telecommunications industry.
“Facility” or “Facilities” means the elements, including but not limited to wire, line, or cable, dedicated to the transport of associated hardware and software that is used by a Party to provide Authorized Services traffic between the Parties’ respective networks.
“FCC” means the Federal Communications Commission.
“Fraud Monitoring System” means an off-line administration system that monitors suspected occurrences of ABT-related fraud.
“Governmental Authority” means any federal, state, local, foreign, or international court, government, department, commission, board, bureau, agency, official, or other regulatory, administrative, legislative, or judicial authority with jurisdiction over the subject matter at issue.
“Hazardous Materials” means (i) any material or substance that is defined or classified as a hazardous substance, hazardous waste, hazardous material, hazardous chemical, pollutant, or contaminant under any federal, state, or local environmental statute, rule, regulation, ordinance or other Applicable Law dealing with the protection of human health or the environment, (ii) petroleum, oil, gasoline, natural gas, fuel oil, motor oil, waste oil, diesel fuel, jet fuel, and other
petroleum hydrocarbons, or (iii) asbestos and asbestos containing material in any form, and (iv) any soil, groundwater, air, or other media contaminated with any of the materials or substances described above.
“Incumbent Local Exchange Carrier (ILEC)” has the meaning as defined at 47 C.F.R. § 51.5.
“Information Services” has the meaning as defined at 47 U.S.C. § 153(20) and 47 C.F.R. § 51.5.
“Information Service Provider (ISP)” means an Enhanced Service Provider (ESP) that provides Internet Services, and is defined in paragraph 341 of the FCC’s First Report and Order in CC Docket No. 97-158.
“Intellectual Property” means copyrights, patents, service xxxx, trademarks, trade dress, trade secrets, mask works and all other intellectual property rights now known or later developed.
“Intercompany Settlements (ICS)” is the revenue associated with charges billed by a company other than the company in whose service area such charges were incurred. ICS on a national level includes third number and credit card calls and is administered by Telcordia (formerly BellCore)’s Calling Card and Third Number Settlement System (CATS). Included is traffic that originates in one Regional Xxxx Operating Company’s (RBOC) territory and bills in another RBOC’s territory.
“Interconnected VoIP Service” has the meaning as defined at 47 C.F.R. § 9.3.
“Interconnection or Interconnected” has the meansing aAs dDefined/required in the Act at 47 C.F.R. §§ 20.3 and 51.5.
“Interconnection Facilities” means those Facilities that are used to deliver Authorized Services traffic between a given Sprint Central Office Switch, or such Sprint Central Office Switch’s point of presence in an MTA or LATA, as applicable, and either a) a POI on the AT&T network to which such Sprint Central Office Switch is Interconnected or, b) in the case of Sprint-originated Transit Services Traffic, the POI at which AT&T hands off Sprint originated traffic to a Third Party that is indirectly interconnected with the Sprint Central Office Switch via AT&T.
“Interconnection Service(s)” means Interconnection, Collocation, functions, Facilities, products and/or services offered under this Agreement.
“Interexchange Carrier (IXC)” means a carrier (other than a CMRS provider or a LEC) that provides, directly or indirectly, interLATA or intraLATA Telephone Toll Services.
“InterMTA Traffic” means Telecommunications traffic to or from Sprint’s wireless network that originates on the network of one Party in one MTA and terminates on the network of the other Party in another MTA (as determined by the geographic location of the cell site to which the mobile End User is connectedPOI between the Parties and the location of the End Office Switch serving the AT&T-9 STATE End User).
“ISP-Bound Traffic” means TelecommunicationsInformation Services traffic, in accordance with the FCC’s Order on Remand and Report and Order, In the Matter of Implementation of the Local Compensation Provisions in the Telecommunications Act of 1996, Reciprocal Compensation for ISP-Bound Traffic, FCC 01-131, CC Docket Nos. 96-98, 99-68 (rel. April, 27, 2001) (“FCC ISP Compensation OrderRemand Order”), as modified by the FCC’s subsequent Order entered in Petition of Core Communications, Inc. for Forbearance Under 47 U.S.C. § 160(c) from Application of the ISP Remand Order, WC Docket No. 03-171 (rel. October 18, 2004).
“IntraMTA Traffic” means Telecommunications traffic to or from Sprint’s wireless network that originates on the network of one Party in one MTA and terminates on the network of the other Party in the same MTA (as determined by the geographic location of the cell site to which the mobile End User is connectedPOI between the Parties and the location of the End Office Switch serving the AT&T-9 STATE End User).
“Jurisdictional Identification Parameter (JIP)” means an existing six (6) digit (NPA-NXX) field in the SS7 message. This field designates the first point of switching.
“Late Payment Charge” means the charge that is applied when a Billed Party fails to remit payment for any charges by the Xxxx Due Date, or if payment for any portion of the charges is received from Billed Party after the Xxxx Due Date, or if payment for any portion of the charges is received in funds which are not immediately available or received by Billing Party as of the Xxxx Due Date, or if the Billed Party does not submit the Remittance Information.
“Letter of Credit” means the unconditional, irrevocable standby bank letter of credit from a financial institution acceptable to AT&T 9-STATEthe Billing Party naming the AT&T-owned ILEC(s) designated by AT&T 9-STATEBilling Party as the beneficiary (ies) thereof and otherwise on the AT&T 9-STATEa mutually acceptable Letter of Credit form.
“LIDB” (Line Information Data Base) is a transaction-oriented database accessible through Common Channel Signaling (CCS) networks. It contains records associated with end user line numbers and special billing numbers. LIDB accepts queries from other Network Elements and provides appropriate responses. LIDB queries include functions such as screening billed numbers that provides the ability to accept collect or third number billing calls and validation of telephone line number based non-proprietary calling cards.
“Local Exchange Carrier (LEC)” has the meaning as defined at 153(26) and 47 C.F.R. § 51.5.
“Local Exchange Routing Guide (LERG)” means the Telcordia Reference document used by Telecommunications Carriers to identify NPA-NXX routing and homing information as well as Network element and equipment designations.
“Local Interconnection” is as described in the Telecommunications Act of 1996 and refers to the linking of two networks for the mutual exchange of traffic. This term does not include the transport and termination of traffic.
“Local Number Portability (LNP)” means the ability of users of Telecommunications Services to retain the presence of a previously existing telephone number(s)Interim Number Portability (INP) or Permanent Number Portability (PNP) (long term database method for number portability) as defined in 47 C.F.R. 52.21 – 52.33.
“Local Only Trunk Groups” are trunk groups used to carry Section 251(b)(5) and ISP-Bound Traffic only.
“Local Traffic” is defined as any telephone call that originates in one exchange and terminates to and End User of one Party in either the same exchange, or other mandatory local calling area associated with the originating exchange as defined and specified in Section A3 of AT&T-9STATE’s General Subscriber Service Tariff. As clarification of this definition and for reciprocal transport and termination compensation, Local Traffic does not include ISP-Bound Traffic. As further clarification, Local Traffic does not include calls that do not transmit information of the user’s choosing. In any event, neither Party will pay reciprocal compensation to the other if the “traffic” to which such reciprocal compensation would otherwise apply was generated, in whole or in part, for the purpose of creating an obligation on the part of the originating carrier to pay reciprocal compensation for such traffic.
“Location Routing Number (LRN)” means the ten (10) digit number that is assigned to network Central Office switching elements for the routing of calls in the network. The first six (6) digits of the LRN will be one of the assigned NPA NXX of the switching element. The purpose and functionality of the last four (4) digits of the LRN have not yet been defined but are passed across the network to the terminating switch.
“Local Service Request (LSR)” means thean industry standard form used to input orders to the Local Service Center (LSC) by Sprint, including, but not limited to ordersby the Parties to add, establish, change or disconnect services.
“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).
“Meet-Point Billing (MPB)” means the billing associated with interconnection of facilities between two or more LECs for the routing of traffic to and from an IXC with which one of the LECs does not have a direct connection. In a multi-xxxx/single tariff environment, each Party bills the appropriate tariffed rate for its portion of a jointly provided Switched Exchange Access Service.
“Message Distribution” is routing determination and subsequent delivery of message data from one company to another. Also included is the interface function with CMDS, where appropriate.
“Mobile Switch Center (MSC)” means/refers as used by Sprint in performing, inter alia, originating and terminating functions for calls to or from Sprint’s End Usersto an essential switching element in a wireless network which performs the switching for routing of calls
between and among its subscribers and subscribers in other wireless or landline networks. The MSC is used to interconnect trunk circuits between and among other Tandem Switches, End Office Switches, IXC switching systems, aggregation points, points of termination, or points of presence, and also coordinates inter-cell and inter-system hand-offs. The term “Mobile Switch Center” and “MSC” are used to refer to the building in which the wireless switch resides, but are also used interchangeably to refer to the switch within the building.
“Major Trading Area” (“MTA”) has the meaning as defined in 47 C.F.R. § 24.202(a).
“Multiple Exchange Carrier Access Billing (MECAB)” means the document prepared by the Billing Committee of the OBF and by Telcordia (formerly BellCore) as Special Report SR-BDS- 000983, containing the recommended guidelines for the billing of Exchange Access Service access provided by two or more LECs and/or CLECs or by one LEC in two or more states within a single LATA.
“Network Element” has the meaning as defined in 47 U.S.C. § 153(29).
“Network Interface Device (NID)” is defined as any means of interconnection of the End User’s customer premises wiring to AT&T-9 STATE’s distribution plant, such as a cross-connect device used for that purpose. The NID is a single line termination device or that portion of a multiple line termination device required to terminate a single line or circuit at the premises. The NID features two independent xxxxxxxx or divisions that separate the service provider’s network from the End User’s premises wiring.
“Non-Intercompany Settlement System (NICS)” is the system administered byTelcordia (formerly BellCore) that is used in the settlement of revenues for calls that are originated and billed by two (2) different Local Exchange Carriers (LECs) within a single CMDS Direct Participant’s territory to another for billing. NICS applies to calls involving another LEC where the Earning Company and the Billing Company are located within AT&T- 9STATE.
“Non-Paying Party” means the Party that has not made payment by the Xxxx Due Date of all amounts within the xxxx rendered by the Billing Party.
“North American Numbering Plan (NANP)” means the basic numbering architecturescheme for telecommunications networks located in various countries, including the United States in which every station in the NANP Area is identified by a unique ten (10)-digit address consisting of a three (3)-digit NPA code, a three (3)-digit central office code of the form NXX, and a four (4)-digit line number of the form XXXX.
“Numbering Plan Area (NPA)” also called area code means the first three (3)-digits code that occupies the A, B, and C positions in the ten (10)-digit NANP format that applies throughout the NANP Area. NPAs are of the form (NXX) of a ten-digit telephone number in the form NXX-NXX-XXX, where N represents any one of the numbers the digits two (2) through nine (9) and X represents any digit zeroone of the numbers (0) through nine (9). In the
NANP, NPAs are classified as either geographic or non-geographic. a) Geographic NPAs are NPAs which correspond to discrete geographic areas within the NANP Area. b) Non- geographic NPAs are NPAs that do not correspond to discrete geographic areas, but which are instead assigned for services with attributes, functionalities, or requirements that transcend specific geographic boundaries. The common examples are NPAS in the N00 format, (e.g., 800).
“Number Portability” has the meaning as defined in 47 C.F.R. § 52.21(nl).
“NXX” or “Central Office Code” means the second three (3)-digits switch entity indicator that is defined by the fourth (4th) through sixth (6th) digits(NXX) of a ten (10)-digit telephone number within the NANPin the form NXX-NXX-XXX, where N represents any one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9. Each NXX Code contains 10,000 station numbers.
“Operator Services” provides (1) operator handling for call completion (e.g. collect calls); (2) operator or automated assistance for billing after the subscriber has dialed the called number (e.g. credit card calls); and (3) special services (e.g. BLV/BLVI, Emergency Agency Call).
“Ordering and Billing Forum (OBF)” means a forum comprised of local telephone companies and interexchange carriers whose responsibility is to create and document Telecommunication industry guidelines and standardsthe Ordering and Billing Forum which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS).
“Originating Landline to CMRS Switched Access Traffic” means InterLATA traffic delivered directly from AT&T-9 STATE’s originating network to Sprint’s network that, at the beginning of the call: (a) originates on AT&T-9 STATE’s network in one MTA; and, (b) is delivered to the mobile unit of Sprint’s End User or the mobile unit of a Third Party connected to a Cell Site located in another MTA. AT&T-9 STATE shall charge and Sprint shall pay AT&T-9 STATE the Originating Landline to CMRS Switched Access Traffic rates in Pricing Schedule.
“Paging Traffic” means traffic to Sprint’s network that results in the sending of a paging message over a paging or narrowband PCS frequency licensed to Sprint or traffic to AT&T-9 STATE’s network that results in the sending of a paging message over a paging or narrowband PCS frequency licensed to AT&T-9 STATE.
“Party” means either Sprint or the AT&T-owned ILEC; use of the term “Party” includes each of the AT&T-owned ILEC(s) that is a Party to this Agreement. “Parties” means both Sprint and the AT&T-owned ILEC.
“Past Due” means when a Billed Party fails to remit payment for any undisputed charges by the Xxxx Due Date, or if payment for any portion of the undisputed charges is received from the Billed Party after the Xxxx Due Date, or if payment for any portion of the undisputed charges is received
in funds which are not immediately available to the Billing Party as of the Xxxx Due Date (individually and collectively means Past Due).
“Person” means an individual or a partnership, an association, a joint venture, a corporation, a business or a trust or other entity organized under Applicable Law, an unincorporated organization or any Governmental Authority.
“Permanent Number Portability (PNP)” means a long term method of providing LNP using LRN consistent with the Act and the rules, regulations, orders and rulings of the FCC and the CommissionApplicable Law.
"Physical Collocation" means the right of Sprint to occupy that certain area designated by AT&T-9STATE within a AT&T-9STATE Premises, of a size which is specified by Sprint and agreed to by AT&T-9STATE which agreement should not be unreasonably withheld. Types of Physical Collocation include Shared, Caged, Cageless, and Adjacent.
“Interconnection Point” or “Point of Interconnection (POI)” means the Technically Feasible physical locationpoint(s) requested by Sprint at which an Interconnection Facility joins the Parties’ networks meet for the purpose of establishing Interconnection between the Parties, or a Party and a Third-Party. POIs include a number of different technologies and technical interfaces based on the Parties mutual agreement. The POI establishes the technical interface, the test point(s) and the point(s) for operational and financial division of responsibility.
“Public Switched Network or Public Switched Telephone Network (PSTN)” means or refers to the Public Switched Telephone Networkas defined in Telcordia Technologies Practice, BR- 000-000-000 COMMON LANGUAGE® Message Trunk Circuit Codes (CLCI™ MSMSG Codes) refers to a common carrier network that provides circuit switching between public usersany common carrier switched network, whether by wire or radio, including LECs, IXCs, and wireless carriers that use the NANP in connection with the provision of switched services. The PSTN carriers are voice, data and signaling traffic.
“Public Safety Answering Point (PSAP)” is the public safety communications center where 911 calls placed by the public for a specific geographic area will be answered.
“Rate Center” means the specific geographic point and corresponding geographic area defined by the State Commission and local community for the purpose of rating inter-and intra-LATA toll calls.
“Rating Point” means the vertical and horizontal (V&H) coordinates assigned to a Rate Center and associated with a particular telephone number for rating purposes. The Rating Point must be in the same LATA as the Routing Point of the associated NPA-NXX as designated in the LERG, but need not be in the same location as that Routing Point.
“Referral Announcement” means the process by which calls are routed to an announcement that states the new telephone number of an End User.
“Remittance Information” means the information that must specify the Billing Account Numbers (BANs) paid; invoices paid and the amount to be applied to each BAN and invoice.
“Routing Point” means the location which a LEC has designated on its own network as the homing or routing point for traffic inbound to Exchange Service provided by the LEC which bears a certain NPA-NXX designation. The Routing Point need not be the same as the Rating Point, nor must it be located within the Rate Center area, but must be in the same LATA as the NPA-NXX.
“Section 251(b)(5) Calls” means Completed Calls that originate on either Party’s network, that terminate on the other Party’s network, that are exchanged directly between the Parties and that, originate and terminate within the same MTA. “Section 251(b)(5) Calls” does not refer to the local calling area of either Party. A call that is originated or terminated by a non-facility based provider is not a call that originates or terminates on either Party’s network. In order to measure whether traffic comes within the definition of Section 251(b)(5) Calls, the Parties agree that the origination and termination point of the calls are as follows:
For AT&T-9 STATE, the origination or termination point of a call shall be the End Office Switch that serves, respectively, the calling or called party at the beginning of the call.
For Sprint, the origination or termination point of a call shall be the Cell Site that serves, respectively, the calling or called party at the beginning of the call.
“Selective Router” means/refers to the Central Office that provides the tandem switching of 911 calls. It controls delivery of the voice call with ANI to the PSAP and provides Selective Routing, Speed Calling, Selective Transfer, Fixed Transfer and certain maintenance functions for each PSAP. Also known as the 911 Selective Routing Tandem.
“Service Provider Number Portability (SPNP)” is synonymous with Permanent Number Portability “PNP”.
“Service Start Date” means the date on which services were first supplied under this Agreement.
“Service Switching Point (SSP)” means or refers to a PSTN Central Office Switch that is equipped with a Signaling System 7 (SS7) interface and is capable of routing and connecting calls under the direction of a SCP in the CCS network.
“Serving Wire Center (SWC)” means the Wire Center that serves the area in which the other Party’s or a Third Party’s Wire Center, aggregation point, point of termination, or point of presence is located.
“Shared Facility Factor” means the factor used to appropriately allocate the cost of 2-way Interconnection Facilities based on proportionate use of the Facility between AT&T-9 STATE and Sprint.
“Signaling System 7 (SS7)” means or refers to a signaling protocol used by the CCS Network that employs data circuits to carry packetized information about each call between switches within the PSTN.
“Sprint Third Party Provider” has the meaning as defined in the General Terms and Conditions – Part A, Section 1 Purpose and Scope, Subsection 1.4 Sprint Wholesale Services provisions.
“Subsidiary” is an entity in which another corporation owns at least a majority of the shares and has controlling interest.
“Surety Bond” means a bond from a Bond company with a credit rating by X.X.XXXX better than a “B.” This bonding company shall be certified to issue bonds in a state in which this Agreement is approved.
“Switched Access Service” means an offering to an IXC of access by AT&T-9 STATE to AT&T-9 STATE’s network for the purpose of the origination or the termination of traffic from or to End Users in a given area pursuant to a Switched Access Services tariff.
“Tax” or “Taxes” means any and all federal, state, or local sales, use, excise, gross receipts, transfer, transaction or similar taxes or tax-like fees of whatever nature and however designated including any charges or other payments, contractual or otherwise, for the use of streets or right-of-way, whether designated as franchise fees or otherwise, and further including any legally permissible surcharge of or with respect to any of the foregoing, which are imposed or sought to be imposed on or with respect to, or measured by the charges or payments for, any products or services purchased under this Agreement.
“Technically Feasible” has the meaning as defined in 47 C.F.R. § 51.5.
“Telcordia” means Telcordia Technologies, Inc.
“Telecommunications” has the meaning as defined in 47 U.S.C. § 153(43). “Telecommunications Carrier” has the meaning as defined in 47 U.S.C. § 153(44). “Telecommunications Service” has the meaning as defined in 47 U.S.C. § 153(46). “Telephone Exchange Service” has the meaning as defined at 47 U.S.C. § 153(47). “Telephone Toll Service” has the meaning as defined at 47 U.S.C. § 153(48).
“Terminating InterMTA Traffic” means traffic that, at the beginning of the call: (a) originates on CMRS Provider’s network; (b) is sent from the mobile unit of CMRS
Provider’s End User or the mobile unit of a Third Party connected to a Cell Site located in one MTA and (c) terminates on the AT&T-9 STATE’s network in another MTA. This traffic must be terminated to AT&T-9 STATE as FGD terminating switched access per AT&T-9 STATE’s Federal and/or State Access Service tariff.
“Termination” has the meaning as defined at 47 C.F.R. § 51.701(d).
“Third Party” means any Person other than a Party.
“Third Party Traffic” means traffic carried by AT&T-9 STATEa Party acting as an intermediaryTransit Service provide that is originated and terminated by and between Sprint and a Third Party Telecommunications Carriera Third Party and the other Party to this Agreement.
"Transit Service" means the indirect interconnection services provided by one Party (the Transiting Party) to this Agreement for the exchange of Authorized Services traffic between the other Party to this Agreement and a Third Party.
“Transit Service Traffic” is Authorized Services traffic that originates on one Telecommunications Carrier’s network, “transits” the network Facilities of one or more other Telecommunications Carrier’s network(s) substantially unchanged, and terminates to yet another Telecommunications Carrier’s network.
“Transport” has the meaning as defined at 47 C.F.R. § 51.701(c).
“Trunk(s)” or “Trunk Group(s)” means the switch port interface(s) used and the communications path created to connect Sprint’s network with AT&T-9 STATE’s network for the purpose of exchanging Authorized Services Section 251 (b)(5) Calls for purposes of Interconnectiontraffic.
“Unpaid Charges” means any undisputed charges billed to the Non-Paying Party that the Non- Paying Party did not render full payment to the Billing Party by the Xxxx Due Date.
“Wire Center” means a building or space within a building that serves as an aggregation point on a given Telecommunications Carrier’s network, where transmission facilities are connected and traffic is switched. AT&T-9 STATE’s Wire Center can also denote a building in which one or more Central Office Switches, used for the provision of Exchange Services and Switched Access Services are located.
ATTACHMENT 1 – RESALE
Page 1 of 1 AT&T-9STATE - Sprint
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Network Elements and Other Services
TABLE OF CONTENTS
1 INTRODUCTION 3
2 LOOPS 12
3 LINE SPLITTING 35
4 LOCAL SWITCHING 36
5 UNBUNDLED NETWORK ELEMENT COMBINATIONS 36
6 DEDICATED TRANSPORT AND DARK FIBER TRANSPORT 39
7 NON-IMPAIRED WIRE CENTER CRITERIA AND RELATED PROCESSES 41
8 FUTURE WIRE CENTER DESIGNATIONS 45
9 TRANSITION PROCEDURES OF UNE LOOPS, DEDICATED TRANSPORT OR DARK FIBER 46
Rates Pricing Schedule
ACCESS TO NETWORK ELEMENTS AND OTHER SERVICES
1.1 This Attachment is subject to the General Terms and Conditions of this Agreement and sets forth rates, terms and conditions for unbundled network elements (Network Elements) and combinations of Network Elements (Combinations) that AT&T-9STATE offers to Sprint for Sprint’s provision of Telecommunications Services. AT&T-9STATE shall offer Sprint access to Network Elements and Combinations in accordance with its obligations under Section 251(c)(3) of the Act and the orders, rules and regulations promulgated thereunder by the FCC(47 C.F.R. Part 51) and the Commission as interpreted by a court of competent jurisdiction. Additionally, this Attachment sets forth the rates, terms and conditions for other facilities and services AT&T-9STATE makes available to Sprint (Other Services). Additionally, the provision of a particular Network Element or Other Service may require Sprint to purchase other Network Elements or services. In the event of a conflict between this Attachment and any other section or provision of this Agreement, the provisions of this Attachment shall control.
1.2 The rates for each Network Element, Combinations and Other Services are set forth in Pricing Schedule. Where a Commission has adopted rates for network elements or services provided pursuant to this Attachment as of the Effective Date of the Amendment, it is the intent of the Parties that the rate exhibits incorporated into this Agreement will be those Commission adopted rates. If no rate is identified in this Agreement, the rate will be as set forth in the applicable AT&T- 9STATE tariff or as negotiated by the Parties upon request by either Party. If Sprint purchases service(s) from a tariff, all terms and conditions and rates as set forth in such tariff shall apply. A one-month minimum billing period shall apply to all Network Elements, Combinations and Other Services.
1.3 Sprint may purchase and use Network Elements and Other Services from AT&T- 9STATE in accordance with 47 C.F.R § 51.309.
1.4 The Parties shall comply with the requirements as set forth in the technical references within this Attachment 2.
1.5 Sprint shall not obtain a Network Element for the exclusive provision of mobile wireless services or interexchange services.
1.6 New Combinations, Conversions, Commingling and EELs
1.6.1 New Combinations Involving UNEs:
126.96.36.199 Subject to the provisions hereof and upon Sprint’s request, AT&T-9STATE shall meet its combining obligations involving UNEs as to the extent required by FCC rules and orders.
188.8.131.52 To the extent Sprint requests a combination for which AT&T-9STATE does not have methods and procedures in place to provide such combination, rates and/or methods or procedures for such combination may be developed pursuant to the
Bona Fide Request (BFR) process described in. Where electronic ordering is not available, manual ordering shall be used.
184.108.40.206 AT&T-9STATE will charge Sprint the applicable recurring and nonrecurring charges for each individual UNE and/or combinations as set forth in the Pricing Schedule.
220.127.116.11 Without affecting the other provisions hereof, the UNE combining obligations referenced in this Section apply only in situations where each of the following is met:
18.104.22.168 It is technically feasible, including that network reliability and security would not be impaired;
22.214.171.124 AT&T-9STATE’s ability to retain responsibility for the management, control, and performance of its network would not be impaired;
126.96.36.199 AT&T-9STATE would not be placed at a disadvantage in operating its own network;
188.8.131.52 It would not undermine the ability of other Telecommunications Carriers to obtain access to 251(c)(3) UNEs or to Interconnect with AT&T-9STATE’s network; and
184.108.40.206 Sprint is either unable to make the combination itself; or a new entrant is unaware that it needs to combine certain UNEs to provide a Telecommunications Service. Such obligation under this Section ceases if AT&T-9STATE informs Sprint of such need to combine.
220.127.116.11 For purposes of Section 18.104.22.168 above and without limiting other instances in which Sprint may be able to make a combination itself, Sprint is deemed able to make a combination itself when the UNE(s) sought to be combined are available to Sprint, including without limitation on/at an AT&T-9STATE Premise, as defined in the Attachment 4 - Collocation.
1.7 Conversion of Wholesale Services to Network Elements or Network Elements to Wholesale Services. Upon request, AT&T-9STATE shall convert a wholesale service, or group of wholesale services, to the equivalent Network Element or Combination that is available to Sprint pursuant to Section 251 of the Act and under this Agreement or convert a Network Element or Combination that is available to Sprint pursuant to Section 251 of the Act and under this Agreement to an equivalent wholesale service or group of wholesale services offered by AT&T- 9STATE (collectively “Conversion”). AT&T-9STATE shall charge the applicable nonrecurring switch-as-is rates for Conversions to specific Network Elements or Combinations found in Pricing Schedule. AT&T-9STATE shall also charge the same nonrecurring switch-as-is rates when converting from Network Elements or Combinations. Any rate change resulting from the Conversion will be effective as of the next billing cycle following AT&T-9STATE’s receipt of a complete and accurate Conversion request from Sprint. A Conversion shall be considered termination for purposes of any volume and/or term commitments and/or grandfathered status between Sprint and AT&T-9STATE. Any change
from a wholesale service/group of wholesale services to a Network Element/Combination, or from a Network Element/Combination to a wholesale service/group of wholesale services, that requires a physical rearrangement will not be considered to be a Conversion for purposes of this Agreement. AT&T- 9STATE will not require physical rearrangements if the Conversion can be completed through record changes only. Orders for Conversions will be handled in accordance with the guidelines set forth in the Ordering Guidelines and Processes and CLEC Handbook as referenced in Sections 1.13.1 and 1.13.2 below.
1.8 Except to the extent expressly provided otherwise in this Attachment, Sprint may not maintain unbundled network elements or combinations of unbundled network elements, that are no longer offered pursuant to this Agreement (collectively “Arrangements”). In the event AT&T-9STATE determines that Sprint has in place any Arrangements after the Effective Date of this Agreement, AT&T- 9STATE will provide Sprint with thirty (30) days written notice to disconnect or convert such Arrangements and such conversion will be in accordance with Section 1.6 to the extent the conversion constitutes a Conversion pursuant to Section 1.6. If Sprint fails to submit orders to disconnect or convert such Arrangements within such thirty (30) day period of receiving such notice, AT&T- 9STATE will transition such circuits to the equivalent tariffed AT&T-9STATE service(s). Those circuits identified and transitioned by AT&T-9STATE pursuant to this Section 1.8 shall be subject to all applicable disconnect charges as set forth in this Agreement and the full nonrecurring charges for installation of the equivalent tariffed AT&T-9STATE service as set forth in AT&T-9STATE’s tariffs. The applicable recurring tariff charge shall apply to each circuit as of the Effective Date of this Agreement.
1.8.1 Prior to submitting an order pursuant to this Agreement for high capacity (DS1 or above) Dedicated Transport or high capacity Loops, Sprint shall undertake a reasonably diligent inquiry to determine whether Sprint is entitled to unbundled access to such Network Elements in accordance with the terms of this Agreement. By submitting any such order, Sprint self-certifies that to the best of Sprint’s knowledge, the high capacity Dedicated Transport or high capacity Loop requested is available as a Network Element pursuant to this Agreement. Upon receiving such order, AT&T-9STATE shall process the request in reliance upon Sprint’s self-certification. To the extent AT&T-9STATE believes that such request does not comply with the terms of this Agreement, AT&T-9STATE shall seek dispute resolution in accordance with the General Terms and Conditions of this Agreement. In the event such dispute is resolved in AT&T-9STATE's favor, AT&T-9STATE shall xxxx Sprint the difference between the rates for such circuits pursuant to this Agreement and the applicable nonrecurring and recurring charges for the equivalent tariffed service from the date of installation to the date the circuit is transitioned to the equivalent tariffed service. Within thirty (30) days following a decision finding in AT&T-9STATE’s favor, Sprint shall submit a
spreadsheet identifying those non-compliant circuits that Sprint ordered pursuant to self-certification to be transitioned to tariffed services or disconnected.
1.9 Sprint may utilize Network Elements and Other Services to provide services in accordance with this Agreement, as long as such services are consistent with industry standards and applicable AT&T-9STATE Technical References.
1.10 Routine Network Modifications for UNE Loops, UNE DS1, DS3 and Dark Fiber Dedicated Transport
1.10.1 AT&T-9STATE shall make Routine Network Modifications (RNM) to UNE Loop and UNE DS1, DS3, and Dark Fiber Dedicated Transport facilities used by Sprint where the requested UNE facility has already been constructed. AT&T- 9STATE shall perform RNM to UNE Loop and UNE DS1, DS3, and Dark Fiber Dedicated Transport facilities in a nondiscriminatory fashion, without regard to whether the UNE facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier.
1.10.2 A “Routine Network Modification” is an activity that AT&T regularly undertakes for its own customers. RNM include but are not limited to rearranging or splicing of existing cable; adding an equipment case; adding a doubler or repeater; adding a smart xxxx; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that AT&T-9STATE ordinarily attaches to activate such UNE Loops or Transport facilities for its own retail End Users, under the same conditions and in the same manner that AT&T-9STATE does for its own End Users. RNM may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable and installing equipment casings. AT&T-9STATE will place drops in the same manner as it does for its own End Users
1.10.3 RNM do not include constructing new UNE Loops; or UNE DS1, DS3, or Dark Fiber Dedicated Transport; installing new cable or fiber; securing permits or rights-of-way; constructing and/or placing new manholes or conduits; installing new terminals; or removing or reconfiguring packetized transmission facility.
1.10.4 AT&T-9STATE shall determine whether and how to perform RNM using the same network or outside plant engineering principles that would be applied in providing service to AT&T-9STATE’s retail End Users.
1.10.5 AT&T-9STATE has no obligation to build Time Division Multiplexing (TDM) capability into new packet-based networks or into existing packet-based networks that never had TDM capability.
1.10.6 Notwithstanding anything to the contrary herein, AT&T-9STATE’s obligations with respect to RNM apply only where the UNE Loop and Transport transmission facilities are subject to unbundling and do not apply to FTTH UNE Loops or FTTC UNE Loops.
1.10.7 AT&T-9STATE shall provide RNM at the rates, terms and conditions set forth in this Attachment and in the Pricing Schedule or at rates to be determined on an
individual case basis (ICB) or through the Special Construction (SC) process. AT&T-9STATE will impose charges for RNM in instances where such charges are not included in any costs already recovered through existing, applicable recurring and non-recurring charges. The Parties agree that the RNM for which AT&T-9STATE is not recovering costs in existing recurring and non-recurring charges, and for which costs will be imposed on Sprint as an ICB/SC include, but are not limited to: (i) adding an equipment case, (ii) adding a doubler or repeater including associated line card(s), (iii) installing a repeater shelf, and any other necessary work and parts associated with a repeater shelf, and (iv) where applicable, deploying multiplexing equipment, to the extent such equipment is not present on the UNE Loop or Transport facility when ordered.
1.10.8 AT&T-9STATE will perform Routine Network Modifications (RNM) in accordance with FCC 47 C.F.R. § 51.319 (a)(7) and (e)(4) for Loops and Dedicated Transport provided under this Attachment. If AT&T-9STATE performs such RNMs during normal operations and has recovered the costs for performing such modifications through the rates set forth in Pricing Schedule, then AT&T-9STATE shall perform such RNM at no additional charge. RNM shall be performed within the intervals established for the Network Element and subject to the performance measurements and associated remedies set forth in Attachment 9 of this Agreement to the extent such RNM were anticipated in the setting of such intervals. If AT&T-9STATE has not recovered the costs of such RNM in the rates set forth in Pricing Schedule, then such request will be handled as a project on an individual case basis. If Special Construction is required, AT&T-9STATE will provide a price quote for the request and, upon receipt of payment from Sprint, AT&T-9STATE shall perform the RNM.
1.11 Commingling of Services
1.11.1 Commingling means the connecting, attaching, or otherwise linking of a Network Element, or a Combination, to one or more Telecommunications Services or facilities that Sprint has obtained at wholesale from AT&T-9STATE, or the combining of a Network Element or Combination with one or more such wholesale Telecommunications Services or facilities. Sprint must comply with all rates, terms or conditions applicable to such wholesale Telecommunications Services or facilities.
1.11.2 Subject to the limitations set forth elsewhere in this Attachment, AT&T-9STATE shall not deny access to a Network Element or a Combination on the grounds that one or more of the elements: 1) is connected to, attached to, linked to, or combined with such a facility or service obtained from AT&T-9STATE; or 2) shares part of AT&T-9STATE’s network with access services or inputs for mobile wireless services and/or interexchange services.
1.11.3 Unless otherwise agreed to by the Parties, the Network Element portion of a commingled circuit will be billed at the rates set forth in this Agreement and the remainder of the circuit or service will be billed in accordance with AT&T-
9STATE’s tariffed rates or rates set forth in a separate agreement between the Parties.
1.11.4 When multiplexing equipment is attached to a commingled circuit, the multiplexing equipment will be billed from the same agreement or tariff as the higher bandwidth circuit. Central Office Channel Interfaces (COCI) will be billed from the same agreement or tariff as the lower bandwidth circuit.
1.11.5 Notwithstanding any other provision of this Agreement, AT&T-9STATE shall not be obligated to commingle or combine Network Elements or Combinations with any service, network element or other offering that it is obligated to make available only pursuant to Section 271 of the Act.
1.11.6 Mandatory Eligibility Criteria for Access to Certain UNEs
22.214.171.124 Except as provided below in this Section or elsewhere in the Agreement and subject to this Section and Section 1.7 above, Conversion of Wholesale Services to Network Elements or Network Elements to Wholesale Services, of this Attachment, AT&T-9STATE shall provide access to 251(c)(3) UNEs and combinations of 251(c)(3) UNEs without regard to whether the CLEC seeks access to the 251(c)(3) UNEs to establish a new circuit or to convert an existing circuit from a wholesale service to 251(c)(3) UNEs.
126.96.36.199 AT&T-9STATE is not obligated, and shall not, provide access to (1) an unbundled DS1 UNE Loop in combination, or Commingled, with a DS1 UDT facility or service or a DS3 or higher UDT facility or service, or an unbundled DS3 UNE Loop in combination, or Commingled, with a DS3 or higher UDT facility or service, or (2) an unbundled DS1 UDT facility in combination, or Commingled, with an unbundled DS1 UNE Loop or a DS1 channel termination service, or to an unbundled DS3 UDT facility in combination, or Commingled, with an unbundled DS1 UNE Loop or a DS1 channel termination service, or to an unbundled DS3 UNE Loop or a DS3 or higher channel termination service (collectively, the “Included Arrangements”), unless Sprint certifies that all of the following conditions are met with respect to the arrangement being sought:
188.8.131.52.1 The following criteria are satisfied for each Included Arrangement, including without limitation each DS1 circuit, each DS3 circuit, each DS1 EEL and each DS1 equivalent circuit on a DS3 EEL:
184.108.40.206.1.1 Each circuit to be provided to each End User will be assigned a local telephone number (NPA-NXX-XXXX) that is associated with local service provided within an AT&T-9STATE local service area and within the LATA where the circuit is located (“Local Telephone Number”), prior to the provision of service over that circuit (and for each circuit, Sprint will provide the corresponding Local Telephone Number(s) as part of the required certification); and
220.127.116.11.1.2 Each DS1-equivalent circuit on a DS3 EEL or on any other Included Arrangement, must have its own Local Telephone Number assignment, so that each DS3 must have at least twenty-eight (28) Local voice Telephone Numbers assigned to it; and
18.104.22.168.1.3 Each circuit to be provided to each End User will have 911 or E911 capability prior to the provision of service over that circuit; and
22.214.171.124.1.4 Each circuit to be provided to each End User will terminate in a Collocation arrangement that meets the requirements set forth in Section 1.11.7 below; and
126.96.36.199.1.5 Each circuit to be provided to each End User will be served by an Interconnection Trunk that meets the requirements set forth in Section 1.11.8 below; and
188.8.131.52.1.6 For each twenty-four (24) DS1 EELs, or other facilities having equivalent capacity, Sprint will have at least one active DS1 local service interconnection Trunk that meets the requirements set forth in Section 1.11.8 below; and
184.108.40.206.1.7 Each circuit to be provided to each End User will be served by a switch capable of providing local voice traffic.
220.127.116.11.1.8 AT&T-9STATE shall not be required to provide, and shall not provide, any 251(c)(3) UNE Combination of a 251(c)(3) UNE Local Loop and UDT at DS1 or higher (whether as a UNE Combination by themselves, with a network element possessed by Sprint, or pursuant to Commingling, or whether as a new arrangement or from a Conversion of an existing service/circuit) that does not terminate to a Collocation arrangement that meets the requirements set forth in Section 1.11.7 below.
1.11.7 A Collocation arrangement meets the requirements of Section 1.11.6 above of this Attachment if it is:
18.104.22.168 Established pursuant to Section 251(c)(6) of the Act and located at AT&T- 9STATE Premises within the same LATA as the End User’s premises, when AT&T-9STATE is not the Collocator; or
22.214.171.124 Located at a Third Party’s premises within the same LATA as the End User’s premises, when AT&T-9STATE is the Collocator.
1.11.8 An Interconnection Trunk meets the requirements of Section 126.96.36.199.1.5 above and Section 188.8.131.52.1.6 above of this Attachment if Sprint will transmit the calling party’s local telephone number in connection with calls exchanged over the Trunk, and the Trunk is located in the same LATA as the End User premises served by the Included Arrangement.
1.11.9 For a new circuit to which Section 184.108.40.206.2 above applies, Sprint may initiate the ordering process if Sprint certifies that it will not begin to provide any service over that circuit until a local telephone number is assigned and 911/E911 capability is provided, as required by Section 220.127.116.11.1.1 above and Section 18.104.22.168.1.3 above respectively. In such case, Sprint shall satisfy Section 22.214.171.124.1.1 above and/or Section 126.96.36.199.1.3 above if it assigns the required Local Telephone Number(s), and implements 911/E911 capability, within thirty
(30) calendar days after AT&T-9STATE provisions such new circuit. Sprint must provide AT&T-9STATE with sufficient proof that such assignment and/or implementation has occurred by the end of such 30th day.
188.8.131.52 Section 1.11.9 above does not apply to existing circuits to which Section 184.108.40.206.6.2 above applies, including Conversions or migrations (e.g., Sprint shall not be excused from meeting the Section 220.127.116.11.18.104.22.168 above and
Section 22.214.171.124.126.96.36.199 above requirements for existing circuits at the time it initiates the ordering process).
1.11.10 Sprint hereby agrees that by submitting an order to AT&T-9STATE for an Included Arrangement (whether new, as a result of a requested Conversion, or otherwise), Sprint is certifying that it meets and will continue to meet the requirements of Section 1.11.6 above as to such Included Arrangement(s) on a circuit-by-circuit/service-by-service/Included Arrangement-by-Included Arrangement basis. Such certification-by-order shall have the same weight and effect as a separate certification, and certification-by-order shall not diminish or otherwise affect Sprint’s obligation to meet and to continue to comply with the criteria or certification requirements set forth in this Section.
188.8.131.52 If the information previously provided in a certification is inaccurate (or ceases to be accurate), Sprint shall update such certification promptly with AT&T- 9STATE.
1.11.11 In addition to any other audit rights provided for this Agreement and those allowed by law, AT&T-9STATE may obtain and pay for an independent auditor to audit Sprint, on an annual basis, applied on a State-by-State basis, for compliance with this Section. For purposes of calculating and applying an “annual basis,” it means a consecutive twelve (12) month period for each individual State, beginning upon AT&T-9STATE’s written Notice that an audit will be performed for that State, subject to Section 184.108.40.206 below.
220.127.116.11 Unless otherwise agreed by the Parties (including at the time of the audit), the independent auditor shall perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA), which will require the auditor to perform an “examination engagement” and issue an opinion regarding Sprint’s compliance with the qualifying service eligibility criteria.
18.104.22.168 The independent auditor’s report will conclude whether Sprint complied in all material respects with this Section 1.11.6 above.
22.214.171.124 Consistent with standard auditing practices, such audits require compliance testing designed by the independent auditor, which typically includes an examination of a sample selected in accordance with the independent auditor’s judgment.
126.96.36.199 To the extent the independent auditor’s report concludes that Sprint failed to comply with this Section 1.11.6 above, Sprint must true-up any difference in payments beginning from the date that the non-compliant circuit was established as a 251(c)(3) UNE/UNE Combination, in whole or in part (notwithstanding any other provision hereof), Sprint must convert the 251(c)(3) UNE or 251(c)(3) UNE Combination, or Commingled Arrangement, to an equivalent or substantially similar wholesale service, or group of wholesale services, (and AT&T-9STATE may initiate and affect such a conversion on its own without any further consent by Sprint), and Sprint shall timely make the correct payments on a going-forward basis, and all applicable remedies for failure to make such payments shall be available to AT&T-9STATE. In no event shall rates set under Section 252(d)(1)
of the Act apply for the use of any 251(c)(3) UNE for any period in which Sprint does not meet the conditions set forth in this Section 1.11.6 above for that 251(c)(3) UNE, arrangement, or circuit, as the case may be. Also, the “annual basis” calculation and application shall be immediately reset, e.g., AT&T- 9STATE shall not have to wait the remaining part of the consecutive twelve (12) month period before it is permitted to audit again in that state.
188.8.131.52.1 To the extent that the independent auditor’s report concludes that Sprint failed to comply in all material respects with this Section 1.11.6 above, Sprint must reimburse AT&T-9STATE for the cost of the independent auditor and for AT&T- 9STATE’s costs in the same manner and using the same methodology and rates that AT&T-9STATE is required to pay Sprint’s costs under Section 184.108.40.206.2 below.
220.127.116.11.2 To the extent the independent auditor’s report concludes that Sprint complied in all material respects with this Section 1.11.6 above, AT&T-9STATE must reimburse Sprint for its reasonable staff time and other reasonable costs associated in responding to the audit (e.g., collecting data in response to the auditor’s inquiries, meeting for interviews, etc.).
18.104.22.168.3 Sprint will maintain the appropriate documentation to support its eligibility certifications including, without limitation, call detail records, local telephone number assignment documentation, and switch assignment documentation.
1.11.12 Without affecting the application or interpretation of any other provisions regarding waiver, estoppel, laches, or similar concepts in other situations, Sprint shall fully comply with this Section in all cases and, further, the failure of AT&T- 9STATE to require such compliance, including if AT&T-9STATE provides a circuit(s), an EEL(s), or a Commingled circuit, that does not meet any eligibility criteria, including those in this Section, shall not act as a waiver of any part of this Section, and estoppel, laches, or other similar concepts shall not act to affect any rights or requirements hereunder.
1.12 Terms and conditions for order cancellation charges and Service Date Advancement Charges will apply in accordance with Attachment 6 and are incorporated herein by this reference. The charges shall be as set forth in Pricing Schedule.
1.13 Ordering Guidelines and Processes
1.13.1 For information regarding Ordering Guidelines and Processes for various Network Elements, Combinations and Other Services, Sprint should refer to AT&T-9STATE’s CLEC Online website.
1.13.2 Additional information may also be found in the individual CLEC Handbooks. Sprint should refer to AT&T’s CLEC online website.
1.13.3 The provisioning of Network Elements, Combinations and Other Services to Sprint’s Collocation Space will require cross-connections within the central office to connect the Network Element, Combinations or Other Services to the demarcation point associated with Sprint’s Collocation Space. These cross-
connects are separate components that are not considered a part of the Network Element, Combinations or Other Services and, thus, have a separate charge pursuant to this Agreement.
1.13.4 Testing/Trouble Reporting.
22.214.171.124 Sprint will be responsible for testing and isolating troubles on Network Elements. Sprint must test and isolate trouble to the AT&T-9STATE network before reporting the trouble to the UNE Customer Service Provisioning Center (CSPC). Upon request from AT&T-9STATE at the time of the trouble report, Sprint will be required to provide the results of the Sprint test which indicate a problem on the AT&T-9STATE network.
126.96.36.199 Once Sprint has isolated a trouble to the AT&T-9STATE network, and has issued a trouble report to AT&T-9STATE, AT&T-9STATE will take the actions necessary to repair the Network Element when trouble is found. AT&T-9STATE will repair its network facilities to its wholesale customers in the same time frames that AT&T-9STATE repairs similar services to its retail End Users.
188.8.131.52 If Sprint reports a trouble on an AT&T-9STATE Network Element and no trouble is found in AT&T-9STATE’s network, AT&T-9STATE will charge Sprint a Maintenance of Service Charge for any dispatching and testing (both inside and outside the CO) required by AT&T-9STATE in order to confirm the Network Element’s working status. AT&T-9STATE will assess the applicable Maintenance of Service rates from AT&T-9STATE’s applicable State Pricing Schedule. The Parties disagree on the appropriate basis (i.e., TELRIC or Access Tariff) for rates in this Section 184.108.40.206 and reserve the right to pursue resolution of this issue through the appropriate forum.
220.127.116.11 In the event AT&T-9STATE must dispatch to the End User’s location more than once due to incorrect or incomplete information provided by Sprint (e.g., incomplete address, incorrect contact name/number, etc.), AT&T-9STATE will xxxx Sprint for each additional dispatch required to repair the Network Element due to the incorrect/incomplete information provided. AT&T-9STATE will assess the applicable Maintenance of Service rates from AT&T-9STATE’s applicable State Pricing Schedule. The Parties disagree on the appropriate basis (i.e., TELRIC or Access Tariff) for rates in this Section 18.104.22.168 and reserve the right to pursue resolution of this issue through the appropriate forum.
2.1 General. The local loop Network Element is defined as a transmission facility that AT&T-9STATE provides pursuant to this Attachment between a distribution frame (or its equivalent) in AT&T-9STATE’s central office and the loop demarcation point at an End User premises (Loop). Facilities that do not terminate at a demarcation point at an End User premises, including, by way of example, but not limited to, facilities that terminate to another carrier’s switch or premises, a cell site, Mobile Switching Center or base station, do not constitute local Loops. The Loop Network Element includes all features, functions, and
capabilities of the transmission facilities, including the network interface device, and attached electronics (except those used for the provision of advanced services, such as Digital Subscriber Line Access Multiplexers (DSLAMs)), optronics and intermediate devices (including repeaters and load coils) used to establish the transmission path to the End User’s premises, including inside wire owned or controlled by AT&T-9STATE. Sprint shall purchase the entire bandwidth of the Loop and, except as required herein or as otherwise agreed to by the Parties, AT&T-9STATE shall not subdivide the frequency of the Loop.
2.1.1 The Loop does not include any packet switched features, functions or capabilities.
2.1.2 FTTH/FTTC Loops
22.214.171.124 In new build (i.e. greenfield) areas, AT&T-9STATE is not required to provide access to any FTTH/FTTC Loops on an unbundled basis when AT&T-9STATE deploys any such Loop to a residential unit that previously has not been served by any Loop facility.
126.96.36.199 In Overbuild situations where AT&T-9STATE has deployed a FTTH or FTTC Loop parallel to, or in replacement of, an existing copper Loop facility and has not retired the copper Loop pursuant to 47 C.F.R §51.319(a)(3)(iv), AT&T- 9STATE is not required to provide access to any FTTH/FTTC Loops on an unbundled basis when AT&T-9STATE has deployed any such Loop parallel to, or in replacement of an existing copper Loop facility, except that:
188.8.131.52.1 AT&T-9STATE will maintain the existing copper Loop connected to the particular End User’s premises after deploying the FTTH/FTTC Loop and provide nondiscriminatory access to that copper Loop on an unbundled basis, unless AT&T-9STATE retires the copper Loop pursuant to 47 C.F.R.
184.108.40.206.2 When AT&T-9STATE maintains the existing copper Loops pursuant to 47 C.F.R.
§51.319(a)(3) (iii)(iiii)(A), AT&T-9STATE need not incur any expenses to ensure that the existing copper Loop remains capable of transmitting signals prior to receiving a request for access pursuant to that section, in which case AT&T- 9STATE shall restore the copper Loop to serviceable condition upon request.
220.127.116.11.3 AT&T-9STATE may retire copper Loops that have been replaced with FTTH/FTTC facilities using the FCC’s network disclosure requirements as set forth in Section 251(c)(5) of the Act and in §§ 51.325 through 51.335 and any applicable state requirements.
18.104.22.168.4 If AT&T-9STATE retires the copper loop pursuant to this section, AT&T- 9STATE shall provide nondiscriminatory access to one 64 kilobits per second transmission path capable of voice grade service over the fiber-to-the-home loop or fiber-to-the curb loop on an unbundled basis on the same rates and terms applicable under the Agreement to a 2Wire Voice Grade Loop to the same premises where such a loop is available.
2.1.3 A hybrid Loop is a local Loop, composed of both fiber optic cable, usually in the feeder plant, and copper twisted wire or cable, usually in the distribution plant.
22.214.171.124 Broadband Services. AT&T-9STATE shall provide Sprint with nondiscriminatory access to the time division multiplexing features, functions and capabilities of such hybrid Loop, on an unbundled basis to establish a complete transmission path between AT&T-9STATE’s central office and an End User’s premises. This access shall include access to all features, functions, and capabilities of the hybrid loop that are not used to transmit packetized information.
126.96.36.199 Narrowband services. AT&T-9STATE will provide nondiscriminatory access on an unbundled basis to an entire hybrid loop capable of voice grade service using time division multiplexing technology or access to a spare home-run copper loop.
2.1.4 Declassification Procedure for DS1 and DS3 Loops
188.8.131.52 DS1 UNE Digital Loop – AT&T-9STATE shall provide Sprint with access to a DS1 UNE Digital Loop, where available, to any Building not served by a Wire Center with 60,000 or more business lines and four (4) or more fiber-based Collocators. Once a Wire Center exceeds these thresholds, no future DS1 Digital Loop unbundling will be required in that Wire Center, or any Buildings served by that Wire Center, and DS1 Digital UNE Loops in that Wire Center, or any Buildings served by that Wire Center, shall be Declassified and no longer available as UNEs under this Agreement. Accordingly, Sprint may not order or otherwise obtain, and Sprint will cease ordering DS1 UNE Digital UNE Loops in such Wire Center(s), or any Buildings served by such Wire Center(s).
184.108.40.206 DS3 Digital UNE Loop – AT&T-9STATE shall provide Sprint with access to a DS3 UNE Digital UNE Loop, where available, to any Building not served by a Wire Center with at least 38,000 business lines and at least four (4) fiber-based Collocators. Once a Wire Center exceeds these thresholds, no future DS3 Digital UNE Loop unbundling will be required in that Wire Center, or any Buildings served by that Wire Center, and DS3 Digital UNE Loops in that Wire Center, or any Buildings served by that Wire Center, shall be Declassified, and no longer available as UNEs under this Agreement. Accordingly, Sprint may not order or otherwise obtain, and Sprint will cease ordering DS3 UNE Digital UNE Loops in such Wire Center(s), or any Buildings served by such Wire Center(s).
220.127.116.11 Effect on Embedded Base – Upon Declassification of DS1 Digital UNE Loops and/or DS3 Digital UNE Loops already purchased by Sprint as UNEs under this Agreement, AT&T-9STATE will provide written Notice to Sprint of such Declassification and proceed in accordance with Sections 7 below.
18.104.22.168.1 Products provided by AT&T-9STATE in conjunction with such UNE Loops (e.g. cross-connects) shall also be subject to re-pricing under this Section and Section 7 below where such UNE Loops are Declassified.
22.214.171.124 The Parties agree that activity by AT&T-9STATE under this Section shall not be subject to the Network Disclosure Rules.
2.2 UNE DS1 and DS3 Dedicated Transport
2.2.1 AT&T-21STATE shall provide DS1 (1.544 Mbps) and DS3 (44.736 Mbps) UDT under the following terms and conditions in this subsection.
2.2.2 For purposes of this Agreement, AT&T-9STATE is not obligated to provide Sprint with unbundled access to DS1/DS3 UDT that does not connect a pair of AT&T-9STATE Wire Centers.
2.2.3 AT&T-9STATE will be responsible for the engineering, provisioning, and maintenance of the underlying equipment and facilities that are used to provide DS1/DS3 UDT.
2.2.4 DS1/DS3 UDT will be provided only where such facilities exist at the time of Sprint request and only over Routes that are not or have not been Declassified.
2.2.5 DS1 and DS3 UDT includes, as follows:
126.96.36.199 Multiplexing – an option ordered in conjunction with DS1 or DS3 UDT that converts a circuit from higher to lower bandwidth, or from digital to voice grade. Multiplexing is only available when ordered at the same time as DS1 or DS3 UDT and at the rates set forth in the Pricing Schedule.
188.8.131.52 DS3 UDT Caps – AT&T-9STATE is not obligated to provide to Sprint more than twelve (12) DS3 UDT circuits on each Route on which DS3 Dedicated Transport has not been otherwise Declassified; accordingly, Sprint may not order or otherwise obtain, and Sprint will cease ordering unbundled DS3 Dedicated Transport once Sprint has already obtained twelve DS3 UDT circuits on the same Route. If, notwithstanding this Section, Sprint submits such an order, at AT&T- 9STATE’s option, it may reject the order, but convert any requested DS3 UDT in excess of the Cap to Special Access; applicable Special Access charges will apply to Sprint for such DS3 Dedicated Transport circuits as of the date of provisioning.
184.108.40.206 DS1 UDT Caps - AT&T-9STATE is not obligated to provide to Sprint more than ten (10) DS1 251(c)(3) UDT circuits on each route on which DS1 Dedicated Transport has not been otherwise Declassified; accordingly, Sprint may not order or otherwise obtain, and Sprint will cease ordering unbundled DS1 Dedicated Transport once Sprint has already obtained ten DS1 251(c)(3) UDT circuits on the same route. If, notwithstanding this Section, Sprint submits such an order, at AT&T-9STATE’s option it may convert any requested DS1 251(c)(3) UDT in excess of the Cap to Special Access, and applicable Special Access charges will apply to Sprint for such DS1 Dedicated Transport circuits as of the date of provisioning.
2.3 Declassification Procedure
2.3.1 Wire Center “Tiers” –Wire Centers are classified into three “tiers,” as follows:
220.127.116.11 Tier 1 Wire Centers are those AT&T-9STATE Wire Centers that contain at least four (4) fiber-based Collocators, at least 38,000 business lines, or both. Tier 1 Wire Centers also are those AT&T-9STATE tandem switching locations that have no Line-Side switching facilities, but nevertheless serve as a point of traffic aggregation accessible by Sprint. Once a Wire Center is determined to be a Tier 1
Wire Center, that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3 Wire Center.
18.104.22.168 Tier 2 Wire Centers are those AT&T-9STATE Wire Centers that are not Tier 1 Wire Centers, but contain at least three (3) fiber-based Collocators, at least 24,000 business lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later reclassification as a Tier 3 Wire Center.
22.214.171.124 Tier 3 Wire Centers are those AT&T-9STATE Wire Centers that do not meet the criteria for Tier 1 or Tier 2 Wire Centers.
2.3.2 DS1 Dedicated Transport Declassification
126.96.36.199 AT&T-9STATE shall provide Sprint with access to DS1 UDT on Routes, except Routes where both Wire Centers defining the Route are Tier 1 Wire Centers. As such, AT&T-9STATE must provide UNE DS1 Dedicated Transport under this Agreement only if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. DS1 Dedicated Transport circuits on Routes between Tier 1 Wire Centers are Declassified and no longer available as UNEs under this Agreement. Accordingly, Sprint may not order or otherwise obtain, and Sprint will cease ordering DS1 UNE Dedicated Transport on such Route(s).
2.3.3 DS3 Dedicated Transport Declassification
188.8.131.52 AT&T-9STATE shall provide Sprint with access to DS3 UDT, except on Routes where both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, AT&T-9STATE must provide DS3 UDT under this Agreement only if a Wire Center on either end of the requested Route is a Tier 3 Wire Center. If both Wire Centers defining a requested Route are either Tier 1 or Tier 2 Wire Centers, then DS3 Dedicated Transport circuits on such Routes are Declassified and no longer available as UNEs under this Agreement. Accordingly, Sprint may not order or otherwise obtain, and Sprint will cease ordering DS3 UNE Dedicated Transport on such Route(s).
2.3.4 Effect on Embedded Base – Upon Declassification of DS1 Dedicated Transport or DS3 Dedicated Transport already purchased by Sprint as UNEs under this Agreement, AT&T-9STATE will provide written Notice to Sprint of such Declassification, and proceed in accordance with Sections 7 below.
184.108.40.206 Products provided by AT&T-9STATE in conjunction with UNE DS1 and DS3 Dedicated Transport (e.g. cross-connects) shall also be subject to re-pricing under the section where Dedicated Transport is Declassified.
2.4 Order Coordination (OC) and Order Coordination-Time Specific (OC-TS)
2.4.1 OC is an optional manual service offering that permits Sprint to request a Designated Installation and/or Conversion of Service during or after normal business hours.
2.4.2 OC allows the Parties to coordinate the installation of the SL2 Loops (AT&T SOUTHEAST REGION 9-STATE), Unbundled Digital Loops and other Loops where OC may be purchased as an option, to Sprint’s facilities in order to limit the time an End User may be without service. OC is available when the Loop is provisioned over an existing circuit that is currently providing service to the End User. OC for physical conversions will be scheduled at AT&T-9STATE’s discretion during normal working hours on the committed due date.
2.4.3 Sprint will initiate the beginning of a OC by contacting the appropriate coordination center. This special request enables Sprint to schedule and coordinate particular provisioning requirements with AT&T-9STATE.
2.4.4 AT&T-9STATE may limit the number of service orders that can be coordinated based on workload and resources available. AT&T-9STATE shall approve the OC request on a non-discriminatory basis, by requesting carrier, and on a first come first served basis.
2.4.5 AT&T-9STATE reserves the right to suspend the availability of OC service during unanticipated heavy workload/activity periods. Heavy workload includes any unanticipated volume of work that impacts AT&T-9STATE’s ability to provide its baseline service. Where time permits, AT&T-9STATE will make every effort to notify Sprint when such unanticipated activities occur.
2.4.6 OC shall be provided in accordance with the chart set forth below.
2.4.7 OC-TS allows Sprint to order a specific time for OC to take place. AT&T- 9STATE will make commercially reasonable efforts to accommodate Sprint’s specific conversion time request. However, AT&T-9STATE reserves the right to negotiate with Sprint a conversion time based on load and appointment control when necessary. This OC-TS is a chargeable option for all Loops except Unbundled Copper Loops (UCL) and is billed in addition to the OC charge. Sprint may specify a time between 9:00 a.m. and 4:00 p.m. (location time) Monday through Friday (excluding holidays). If Sprint specifies a time outside this window, or selects a time or quantity of Loops that requires AT&T-9STATE technicians to work outside normal work hours, overtime charges will apply in addition to the OC and OC-TS charges. Overtime charges will be applied based on the amount of overtime worked and in accordance with the rates established in AT&T-9STATE’s Access Services Tariff, Section E13.2, for each state. The OC- TS charges for an order due on the same day at the same location will be applied on a per Local Service Request (LSR) basis.
ATTACHMENT 2 – NETWORK ELEMENTS AND OTHER SERVICES
Page 18 of 47 AT&T-9STATE - Sprint
Order Coordination (OC)
– Time Specific (OC-TS)
Charge for Dispatch and Testing if No Trouble Found
Chargeable Option – ordered as Engineering Information Document
Charged for Dispatch inside and outside Central Office
Chargeable Option – ordered as Engineering Information Document
Charged for Dispatch inside and outside Central Office
Unbundled Voice Loops
(including 2- and 4-wire UVL)
Charged for Dispatch outside Central Office
Unbundled Digital Loop (Designed)
Included (where appropriate)
Charged for Dispatch outside Central Office
Unbundled Copper Loop (Designed)
Chargeable in accordance with Section 2
Charged for Dispatch outside Central Office
For UVL-SL1 and UCLs, Sprint must order and will be billed for both OC and OC-TS if requesting OC-TS.
2.5.1 CLEC to CLEC Conversions for Unbundled Loops
220.127.116.11 The CLEC to CLEC conversion process for Loops may be used by Sprint when converting an existing Loop from another CLEC for the same End User. The Loop type being converted must be included in Sprint’s Interconnection Agreement before requesting a conversion.
18.104.22.168 To utilize the CLEC to CLEC conversion process, the Loop being converted must be the same Loop type with no requested changes to the Loop, must serve the same End User location from the same serving wire center, and must not require an outside dispatch to provision.
AT&T Bold Underline
Sprint Bold Italics
22.214.171.124 The Loops converted to Sprint pursuant to the CLEC to CLEC conversion process shall be provisioned in the same manner and with the same functionality and options as described in this Agreement for the specific Loop type.
2.6 Bulk Migration
2.6.1 AT&T-9STATE will make available to Sprint a Bulk Migration process pursuant to which Sprint may request to migrate port/loop combinations, provisioned pursuant to a separate agreement between the Parties, to Loops (UNE-L). The Bulk Migration process may be used if such loop/port combinations are (1) associated with two (2) or more Existing Account Telephone Numbers (EATNs); and (2) located in the same Central Office. The terms and conditions for use of the Bulk Migration process are described in the AT&T-9STATE CLEC Information Package, incorporated herein by reference as it may be amended from time to time. The CLEC Handbook is posted on AT&T’s CLEC Online website. The rates for the Bulk Migration process shall be the nonrecurring rates associated with the Loop type being requested on the Bulk Migration, as set forth in Pricing Schedule. Additionally, Operations Support Systems (OSS) charges will also apply. Loops connected to Integrated Digital Loop Carrier (IDLC) systems will be migrated pursuant to Section 2.6 below.
2.6.2 Should Sprint request migration for two (2) or more EATNs containing fifteen
(15) or more circuits, Sprint must use the Bulk Migration process referenced in
2.7 Unbundled Voice Loops (UVLs)
2.7.1 When a UNE Local Loop is ordered to a high voltage area, the Parties understand and agree that such UNE Loop will require High Voltage Protective Equipment (HVPE) (e.g., a positron), to ensure the safety and integrity of the network, the Parties’ employees and/or representatives, and Sprint’s End User. Therefore, any request by Sprint for a UNE Loop to a high voltage area will be submitted by Sprint to AT&T-9STATE via the BFR process set forth in General Terms and Conditions and Sprint shall be required to pay AT&T-9STATE for any HVPE that is provisioned by AT&T-9STATE to Sprint in connection with Sprint’s UNE Local Loop order to the high voltage area.
2.7.2 AT&T-9STATE shall make available the following UVLs:
126.96.36.199 2-wire Analog Voice Grade Loop – SL1 (Non-Designed)
188.8.131.52 2-wire Analog Voice Grade Loop – SL2 (Designed)
184.108.40.206 4-wire Analog Voice Grade Loop (Designed)
2.7.3 UVL may be provisioned using any type of facility that will support voice grade services. This may include loaded copper, non-loaded copper, digital loop carrier systems, fiber/copper combination (hybrid loop) or a combination of any of these facilities. AT&T-9STATE, in the normal course of maintaining, repairing, and configuring its network, may also change the facilities that are used to provide any given voice grade circuit. This change may occur at any time. In these situations, AT&T-9STATE will only ensure that the newly provided facility will
support voice grade services. AT&T-9STATE will not guarantee that Sprint will be able to continue to provide any advanced services over the new facility. AT&T-9STATE will offer UVL in two different service levels - Service Level One (SL1) and Service Level Two (SL2).
2.7.4 Unbundled Voice Xxxx - XX0 (XXX-XX0). Loops are 2-wire Loop start circuits, will be non-designed, and will not have remote access test points. OC will be offered as a chargeable option on XX0 Xxxxx when reuse of existing facilities has been requested by Sprint, however, OC is always required on UCLs that involve the reuse of facilities that are currently providing service. Sprint may also order OC-TS when a specified conversion time is requested. OC-TS is a chargeable option for any coordinated order and is billed in addition to the OC charge. An Engineering Information (EI) document can be ordered as a chargeable option. The EI document provides Loop Make-Up information which is similar to the information normally provided in a Design Layout Record (DLR). Upon issuance of a non-coordinated order in the service order system, XX0 Xxxxx will be activated on the due date in the same manner and time frames that AT&T- 9STATE normally activates POTS-type Loops for its End Users.
2.7.5 For an additional charge AT&T-9STATE will make available Loop Testing so that Sprint may request further testing on new UVL-SL1 Loops. Rates for Loop Testing are as set forth in Pricing Schedule.
2.7.6 Unbundled Voice Loop – SL2 (UVL-SL2). Loops may be 2-wire or 4-wire circuits, shall have remote access test points, and will be designed with a DLR provided to Sprint. SL2 circuits can be provisioned with loop start, ground start or reverse battery signaling. OC is provided as a standard feature on XX0 Xxxxx. The OC feature will allow Sprint to coordinate the installation of the Loop with the disconnect of an existing customer’s service and/or number portability service. In these cases, AT&T-9STATE will perform the order conversion with standard order coordination at its discretion during normal work hours.
2.8 Unbundled Digital Loops
2.8.1 AT&T-9STATE will offer UDLs. UDLs are service specific, will be designed, will be provisioned with test points (where appropriate), and will come standard with OC and a DLR. The various UDLs are intended to support a specific digital transmission scheme or service.
2.8.2 AT&T-9STATE shall make available the following UDLs, subject to restrictions set forth herein:
220.127.116.11 2-wire Unbundled ISDN Digital Loop
18.104.22.168 2-wire Unbundled ADSL Compatible Loop
22.214.171.124 2-wire Unbundled HDSL Compatible Loop
126.96.36.199 4-wire Unbundled HDSL Compatible Loop
188.8.131.52 4-wire Unbundled DS1 Digital Loop
184.108.40.206 4-wire Unbundled Digital Loop/DS0 – 64 kbps, 56 kbps and below
220.127.116.11 DS3 Loop
18.104.22.168 STS-1 Loop
2.8.3 2-wire Unbundled ISDN Digital Loops. These will be provisioned according to industry standards for 2-Wire Basic Rate ISDN services and will come standard with a test point, OC, and a DLR. Sprint will be responsible for providing AT&T-9STATE with a Service Profile Identifier (SPID) associated with a particular ISDN-capable Loop and End User. With the SPID, AT&T-9STATE will be able to adequately test the circuit and ensure that it properly supports ISDN service.
2.8.4 2-wire ADSL-Compatible Loop. This is a designed Loop that is provisioned according to Revised Resistance Design (RRD) criteria and may be up to 18,000 feet long and may have up to 6,000 feet of bridged tap (inclusive of Loop length). The Loop is a 2-wire circuit and will come standard with a test point, OC, and a DLR.
2.8.5 2-wire or 4-wire HDSL-Compatible Loop. This is a designed Loop that meets Carrier Serving Area (CSA) specifications, may be up to 12,000 feet long and may have up to 2,500 feet of bridged tap (inclusive of Loop length). It may be a 2-wire or 4-wire circuit and will come standard with a test point, OC, and a DLR.
2.8.6 4-wire Unbundled DS1 Digital Loop.
22.214.171.124 This is a designed 4-wire Loop that is provisioned according to industry standards for DS1 or Primary Rate ISDN services and will come standard with a test point, OC, and a DLR. A DS1 Loop may be provisioned over a variety of loop transmission technologies including copper, HDSL-based technology or fiber optic transport systems. It will include a 4-wire DS1 Network Interface at the End User’s location.
126.96.36.199.1 In all states except Florida and North Carolina, for purposes of this Agreement, including the transition of DS1 and DS3 Loops described in Section 2.1.4 above, DS1 Loops include 2-wire and 4-wire copper Loops capable of providing high-bit rate digital subscriber line (HDSL) services, such as 2-wire and 4-wire HDSL Compatible Loops. The Parties acknowledge that the issue of whether DS1 Loops include 2-wire and 4-wire HDSL Compatible Loops is an issue in the KY Docket 2004-00427 generic change of law proceedings. The Parties have agreed to abide by the Commission’s decision with respect to this issue in such docket and have agreed to amend this Section in each state, if necessary, to conform to that decision in that state. Such amendment shall be effective thirty days from the date of signature. In the interim, Sprint has agreed to utilize AT&T-9STATE proposed language with respect to this issue solely for the purpose of implementing a TRRO compliant agreement until this issue has been resolved. AT&T-9STATE agrees that it will not use Sprint’s agreement to utilize AT&T- 9STATE’s language in this Section with respect to this issue as an admission that Sprint has reached agreement with AT&T-9STATE on proposed language for this issue.
188.8.131.52.2 In Florida, for the purposes of this Agreement, including the transition of DS1 and DS3 Loops described in Section 2.1.4 above, DS1 loops include provisioned HDSL loops and the associated electronics whether configured as HDSL-2-wire or HDSL-4-wire loops.
184.108.40.206 AT&T-9STATE shall not provide more than ten (10) unbundled DS1 Loops to Sprint at any single building in which DS1 Loops are available as unbundled Loops.
2.8.7 4-wire Unbundled Digital/DS0 Loop. These are designed 4-wire Loops that may be configured as 64kbps, 56kbps, 19kbps, and other sub-rate speeds associated with digital data services and will come standard with a test point, OC, and a DLR.
2.8.8 DS3 Loop. DS3 Loop is a two-point digital transmission path which provides for simultaneous two-way transmission of serial, bipolar, return-to-zero isochronous digital electrical signals at a transmission rate of 44.736 megabits per second (Mbps) that is dedicated to the use of the ordering CLEC. It may provide transport for twenty-eight (28) DS1 channels, each of which provides the digital equivalent of twenty-four (24) analog voice grade channels. The interface to unbundled dedicated DS3 transport is a metallic-based electrical interface.
2.8.9 STS-1 Loop. STS-1 Loop is a high-capacity digital transmission path with SONET VT1.5 mapping that is dedicated for the use of the ordering customer. It is a two-point digital transmission path which provides for simultaneous two-way transmission of serial bipolar return-to-zero synchronous digital electrical signals at a transmission rate of 51.84 Mbps. It may provide transport for twenty-eight
(28) DS1 channels, each of which provides the digital equivalent of twenty-four
(24) analog voice grade channels. The interface to unbundled dedicated STS-1 transport is a metallic-based electrical interface.
2.8.10 Both DS3 Loop and STS-1 Loop require a SI in order to ascertain availability.
2.8.11 DS3 services come with a test point and a DLR. Mileage is airline miles, rounded up and a minimum of one mile applies. AT&T-9STATE’s TR73501 LightGateService Interface and Performance Specifications, Issue D, June 1995 applies to DS3 services.
2.8.12 Sprint may obtain a maximum of a single Unbundled DS3 Loop to any single building in which DS3 Loops are available as Unbundled Loops.
2.9 Unbundled Copper Loops (UCL).
2.9.1 AT&T-9STATE shall make available UCLs. The UCL is a copper twisted pair Loop that is unencumbered by any intervening equipment (e.g., filters, load coils, range extenders, digital loop carrier, or repeaters) and is not intended to support any particular telecommunications service. The UCL will be offered in two types
– Designed and Non-Designed.
2.9.2 Unbundled Copper Loop – Designed (UCL-D)
220.127.116.11 The UCL-D will be provisioned as a dry copper twisted pair (2-wire or 4-wire) Loop that is unencumbered by any intervening equipment (e.g., filters, load coils, range extenders, digital loop carrier, or repeaters).
18.104.22.168 A UCL-D will be 18,000 feet or less in length and is provisioned according to Resistance Design parameters, may have up to 6,000 feet of bridged tap and will have up to 1300 Ohms of resistance.
22.214.171.124 The UCL-D is a designed circuit, is provisioned with a test point, and comes standard with a DLR. OC is a chargeable option for a UCL-D; however, OC is always required on UCLs where a reuse of existing facilities has been requested by Sprint.
126.96.36.199 These Loops are not intended to support any particular services and may be utilized by Sprint to provide a wide-range of telecommunications services as long as those services do not adversely affect AT&T-9STATE’s network. This facility will include a Network Interface Device (NID) at the End User’s location for the purpose of connecting the Loop to the customer’s inside wire.
2.9.3 Unbundled Copper Loop – Non-Designed (UCL-ND)
188.8.131.52 The UCL–ND is provisioned as a dedicated 2-wire metallic transmission facility from AT&T-9STATE’s Main Distribution Frame (MDF) to an End User’s premises (including the NID). The UCL-ND will be a “dry copper” facility in that it will not have any intervening equipment such as load coils, repeaters, or digital access main lines (DAMLs), and may have up to 6,000 feet of bridged tap between the End User’s premises and the serving wire center. The UCL-ND typically will be 1300 Ohms resistance and in most cases will not exceed 18,000 feet in length, although the UCL-ND will not have a specific length limitation. For Loops less than 18,000 feet and with less than 1300 Ohms resistance, the Loop will provide a voice grade transmission channel suitable for loop start signaling and the transport of analog voice grade signals. The UCL-ND will not be designed and will not be provisioned with either a DLR or a test point.
184.108.40.206 The UCL-ND facilities may be mechanically assigned using AT&T-9STATE’s assignment systems. Therefore, the Loop Makeup (LMU) process is not required to order and provision the UCL-ND. However, Sprint can request LMU for which additional charges would apply.
220.127.116.11 For an additional charge, AT&T-9STATE also will make available Loop Testing so that Sprint may request further testing on the UCL-ND. Rates for Loop Testing are as set forth in Pricing Schedule.
18.104.22.168 UCL-ND Loops are not intended to support any particular service and may be utilized by Sprint to provide a wide-range of telecommunications services as long as those services do not adversely affect AT&T-9STATE’s network. The UCL- ND will include a NID at the customer’s location for the purpose of connecting the Loop to the End User’s inside wire.
22.214.171.124 OC will be provided as a chargeable option and may be utilized when the UCL-ND provisioning is associated with the reuse of AT&T-9STATE facilities. OC-TS does not apply to this product.
126.96.36.199 Sprint may use AT&T-9STATE’s Unbundled Loop Modification (ULM) offering to remove excessive bridged taps and/or load coils from any copper Loop within the AT&T-9STATE network. Therefore, some Loops that would not qualify as UCL-ND could be transformed into Loops that do qualify, using the ULM process.
2.10 Unbundled Loop Modifications (Line Conditioning)
2.10.1 Line Conditioning is defined as routine network modification that AT&T- 9STATE regularly undertakes to provide xDSL services to its own customers. This may include the removal of any device from a copper Loop or copper Subloop that may diminish the capability of the Loop or Subloop to deliver high- speed switched wireline telecommunications capability, including xDSL service. Such devices include, load coils, excessive bridged taps, low pass filters, and range extenders. Excessive bridged taps are bridged taps that serves no network design purpose and that are beyond the limits set according to industry standards and/or the AT&T-9STATE’s TR73600 Unbundled Local Loop Technical Specification.
2.10.2 AT&T-9STATE will remove load coils only on copper Loops and Subloops that are less than 18,000 feet in length.
2.10.3 For any copper loop being ordered by Sprint which has over six thousand (6,000) feet of combined bridged tap will be modified, upon request from Sprint, so that the loop will have a maximum of six thousand (6,000) feet of bridged tap. This modification will be performed at no additional charge to Sprint. Loop conditioning orders that require the removal of bridged tap that serves no network design purpose on a copper Loop that will result in a combined total of bridged tap between two thousand five hundred (2,500) and six thousand (6,000) feet will be performed at the rates set forth in Pricing Schedule.
2.10.4 Sprint may request removal of any unnecessary and non-excessive bridged tap (bridged tap between zero (0) and two thousand five hundred (2,500) feet which serves no network design purpose), at rates pursuant to AT&T-9STATE’s SC Process as mutually agreed to by the Parties.
2.10.5 Rates for ULM are as set forth in Pricing Schedule.
2.10.6 AT&T-9STATE will not modify a Loop in such a way that it no longer meets the technical parameters of the original Loop type (e.g., voice grade, ADSL, etc.) being ordered.
2.10.7 If Sprint requests ULM on a reserved facility for a new Loop order, AT&T- 9STATE may perform a pair change and provision a different Loop facility in lieu of the reserved facility with ULM if feasible. The Loop provisioned will meet or exceed specifications of the requested Loop facility as modified. Sprint will not
be charged for ULM if a different Loop is provisioned. For Loops that require a DLR or its equivalent, AT&T-9STATE will provide LMU detail of the Loop provisioned.
2.10.8 Sprint shall request Loop make up information pursuant to this Attachment prior to submitting a service inquiry and/or a LSR for the Loop type that Sprint desires AT&T-9STATE to condition.
2.10.9 When requesting ULM for a Loop that AT&T-9STATE has previously provisioned for Sprint, Sprint will submit a SI to AT&T-9STATE. If a spare Loop facility that meets the Loop modification specifications requested by Sprint is available at the location for which the ULM was requested, Sprint will have the option to change the Loop facility to the qualifying spare facility rather than to provide ULM. In the event that AT&T-9STATE changes the Loop facility in lieu of providing ULM, Sprint will not be charged for ULM but will only be charged the service order charges for submitting an order.
2.11 Loop Provisioning Involving IDLC
2.11.1 Where Sprint has requested an Unbundled Loop and AT&T-9STATE uses IDLC systems to provide the local service to the End User and AT&T-9STATE has a suitable alternate facility available, AT&T-9STATE will make such alternative facilities available to Sprint. If a suitable alternative facility is not available, then to the extent it is technically feasible, AT&T-9STATE will implement one of the following alternative arrangements for Sprint (e.g., hairpinning):
1. Roll the circuit(s) from the IDLC to any spare copper that exists to the customer premises.
2. Roll the circuit(s) from the IDLC to an existing DLC that is not integrated.
3. If capacity exists, provide "side-door" porting through the switch.
4. If capacity exists, provide "Digital Access Cross-Connect System (DACS)-door" porting (if the IDLC routes through a DACS prior to integration into the switch).
2.11.2 Arrangements 3 and 4 above require the use of a designed circuit. Therefore, non-designed Loops such as the SL1 voice grade and UCL-ND may not be ordered in these cases.
2.11.3 If no alternate facility is available, and upon request from Sprint, and if agreed to by both Parties, AT&T-9STATE may utilize its SC process to determine the additional costs required to provision facilities. Sprint will then have the option of paying the one-time SC rates to place the Loop.
2.12 Network Interface Device
2.12.1 The NID is defined as any means of interconnection of the End User’s customer premises wiring to AT&T-9STATE’s distribution plant, such as a cross-connect device used for that purpose. The NID is a single line termination device or that portion of a multiple line termination device required to terminate a single line or circuit at the premises. The NID features two independent xxxxxxxx or divisions
that separate the service provider’s network from the End User’s premises wiring. Each chamber or division contains the appropriate connection points or posts to which the service provider and the End User each make their connections. The NID provides a protective ground connection and is capable of terminating cables such as twisted pair cable.
2.12.2 AT&T-9STATE shall permit Sprint to connect Sprint’s Loop facilities to the End User’s customer premises wiring through the AT&T-9STATE NID or at any other technically feasible point.
2.12.3 AT&T-9STATE shall provide unbundled access to the Unbundled Network Interface Device (NID) under the following terms and conditions in this subsection.
2.12.4 The Maintenance and control of the End User's inside wiring (on the End User's side of the UNE NID) is under the control of the End User. Conflicts between telephone service providers for access to the End User's inside wire must be resolved by the End User. Pursuant to applicable FCC rules, AT&T-9STATE offers nondiscriminatory access to the NID on an unbundled basis to Sprint for the provision of a Telecommunications Service
2.12.5 AT&T-9STATE will permit Sprint to connect its UNE Loop facilities to an End User’s premises wiring through AT&T-9STATE’s NID, or at any other technically feasible point.
2.12.6 Any repairs, upgrade and rearrangements to the NID required by Sprint will be performed by AT&T-9STATE based on Time and Material charges. AT&T- 9STATE, at the request of Sprint, will disconnect the AT&T-9STATE UNE Loop from the NID at charges reflected in the Pricing Schedule.
2.12.7 With respect to multiple dwelling units or multiple-unit business premises, Sprint will connect directly with the End User’s premises wire, or may connect with the End User’s premises wire via AT&T-9STATE’s NID where necessary.
2.12.8 The AT&T-9STATE NIDs that Sprint uses under this Attachment will be existing NIDs installed by AT&T-9STATE to serve its End Users.
2.12.9 Sprint shall not attach to or disconnect AT&T-9STATE’s ground. Sprint shall not cut or disconnect AT&T-9STATE’s UNE Loop from the NID and/or its protector. Sprint shall not cut any other leads in the UNE NID.
2.12.10 Sprint, when it has constructed its own NID at a premises and needs only to make contact with AT&T-9STATE’s NID, can disconnect the End User’s wiring from AT&T-9STATE’s NID and reconnect it to Sprint’s NID.
2.12.11 Access to NID
188.8.131.52 Sprint may access the End User’s premises wiring by any of the following means and Sprint shall not disturb the existing form of electrical protection and shall maintain the physical integrity of the NID: