BELLSOUTH® / CLEC Agreement
Customer Name: SPRINT Communications Company L.P.
Sprint Communications Company & Sprint Spectrum Agreement General Terms and Conditions
General Terms Definitions Resale
Resale Rates - Exhibit A page 1 Resale - Exhibit A page 2 Resale - Exhibit B
Resale - Exhibit C Network Elements Network Element Rates Local Interconnection
Local Interconnection Rates Collocation
Numbers & Number Portability Interim Number Portability Rates Ordering and Provisioning Billing
Poles, Conduit and Rights of Way Performance Measurements Implementation Template Disaster Recovery
Note: This page is not part of the actual signed contract/amendment, but is present for record keeping purposes only.
Sprint Communications Company Limited Partnership Sprint Communications Company L.P.
Sprint Spectrum L.P.
THIS INTERCONNECTION AND RESALE AGREEMENT is made by and between BellSouth Telecommunications, Inc., (“BellSouth”), a Georgia corporation, Sprint Communications Company Limited Partnership and Sprint Communications Company L.P. (collectively referred to as “Sprint CLEC”), a Delaware Limited Partnership and Sprint Spectrum L.P., a Delaware limited partnership, as agent and General Partner for WirelessCo, L.P., a Delaware limited partnership, and SprintCom, Inc., a Kansas corporation, all foregoing entities jointly d/b/a Sprint PCS (“Sprint PCS”) (‘the Agreement”). When the terms and conditions apply to both Sprint CLEC and Sprint PCS, the collective term “Sprint” shall be used. Otherwise, the applicable party shall be identified. This Agreement may refer to either BellSouth or Sprint or both as a “Party” or “Parties”, and is made effective on January 1, 2001 (“Effective Date”). The terms and conditions of this Agreement together with the negotiated xxxx and keep compensation arrangement for Call Transport and Termination for CLEC Local Traffic, ISP-Bound Traffic and Wireless Local Traffic are made effective as of the Effective Date. All other rates in this Agreement are made effective thirty (30) calendar days following the date of the last signature of the Parties.
WHEREAS, BellSouth is a local exchange telecommunications company authorized to provide telecommunications services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; and
WHEREAS, Sprint Communications Company Limited Partnership is a Competitive Local Exchange Carrier (“CLEC”) authorized to provide telecommunications services in the state of Florida and Sprint Communications Company L. P. is a CLEC authorized to provide telecommunications services in the states of Alabama, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; and
WHEREAS, Sprint PCS is a Commercial Mobile Radio Service (“CMRS”) provider licensed by the Federal Communications Commission (“FCC”) to provide CMRS 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 BellSouth negotiate an Agreement with Sprint for the provision of Interconnection, Unbundled Network Elements, and Ancillary Functions as well as Telecommunications Services for resale, pursuant to the Telecommunications Act of 1996 (the “Act”) and in conformance with BellSouth’s duties under the Act; and
NOW THEREFORE, in consideration of the terms and agreements contained herein, BellSouth and Sprint mutually agree as follows:
This Agreement specifies the rights and obligations of the parties with respect to the establishment of local interconnection, the resale of telecommunications services, and the purchase of unbundled network elements (“UNEs”). This Agreement is entered into by BellSouth, Sprint CLEC, and Sprint PCS as the result of negotiation and compromise for the sole purpose of establishing a single interconnection arrangement between the three entities. As such the Parties intend for this Agreement to be applicable to both the CLEC and wireless interconnection arrangements as a single unified interconnection arrangement.
2. Term of the Agreement
2.1 The term of this Agreement is three (3) years from the Effective Date. 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 while a Subsequent Agreement is being negotiated. The Parties’ rights and obligations with respect to this Agreement after expiration shall be as set forth below.
2.2 In the event of default, the non-defaulting Party may terminate this Agreement in whole or in part provided that the non-defaulting Party so advises the defaulting Party in writing of the event of the alleged default and the Defaulting Party does not remedy the alleged default within 60 days after written notice thereof. Default is defined as:
a. Either Party’s material breach of any of the terms or conditions hereof; or
b. Either Party’s insolvency or initiation of bankruptcy or receivership proceedings by or against the Party.
3.1 The Parties agree that by no later than one hundred and eighty (180) days prior to the expiration of this Agreement, they shall commence negotiations with regard to the terms, conditions and prices of resale and/or local interconnection to be
effective beginning on the expiration date of this Agreement (“Subsequent Agreement”).
3.2 If, within one hundred and thirty-five (135) days of commencing the negotiation referred to in Section 3.1, above, the Parties are unable to satisfactorily negotiate new resale and/or local interconnection terms, conditions and prices, either Party may petition the Commission to establish appropriate local interconnection and/or resale arrangements pursuant to 47 U.S.C. 252. The Parties agree that, in such event, they shall encourage the Commission to issue its order regarding the appropriate local interconnection and/or resale arrangements no later than the expiration date of this Agreement. The Parties further agree that in the event the Commission does not issue its order prior to the expiration date of this Agreement, or if the Parties continue beyond the expiration date of this Agreement to negotiate the local interconnection and/or resale arrangements without Commission
intervention, the terms, conditions and prices ultimately ordered by the Commission, or negotiated by the Parties, will be effective retroactive to the day following the expiration date of this Agreement.
3.3 Notwithstanding the foregoing, in the event that as of the date of expiration of this Agreement and conversion of this Agreement to a month-to-month term, the Parties have not entered into a Subsequent Agreement and either no arbitration proceeding has been filed in accordance with Section 3.2 above, or the Parties have not mutually agreed (where permissible) to extend the arbitration window for petitioning the Commission for resolution of those terms upon which the Parties have not agreed, then either Party may terminate this Agreement upon sixty (60) days notice to the other Party. In the event that BellSouth terminates this Agreement as provided above, BellSouth shall continue to offer services to Sprint pursuant to the terms, conditions and rates set forth in BellSouth's Statement of Generally Available Terms (SGAT) for Sprint CLEC, or the General Subscriber Services Tariff (GSST) or other applicable tariff for Sprint PCS, to the extent an SGAT or GSST has been approved by the Commission. If any state Commission has not approved a BellSouth SGAT or GSST, then upon BellSouth's termination of this Agreement as provided herein, BellSouth will continue to provide services to Sprint pursuant to such Interconnection Agreement that Sprint may elect pursuant to Section 252 (i) of the Act and Section 17 of this agreement. In the event that no election is made, BellSouth will continue to provide services to Sprint pursuant to BellSouth's then current standard interconnection agreement. In the event that the SGAT or GSST or the Interconnection Agreement elected by Sprint under the term of this provision and section of this agreement becomes effective as between the Parties, the Parties may continue to negotiate a Subsequent Agreement, and the terms of such Subsequent Agreement shall be effective retroactive to the day following expiration of this Agreement.
4. Ordering Procedures
4.1 For Sprint CLEC, the ordering procedures are as detailed in Attachment 6 Ordering and Provisioning of this Agreement, incorporated herein by this reference. The ordering and provision of all services purchased from BellSouth by Sprint PCS shall be set forth in the BellSouth Telecommunications Wireless Customer Guide as that guide is amended by BellSouth from time to time during
the term of this Agreement.
5.1 When Sprint CLEC purchases, pursuant to Attachment 1 of this Agreement, telecommunications services from BellSouth for the purposes of resale to end users, BellSouth shall provide said services so that the services are equal in quality, subject to the same conditions, and provided within the same provisioning time intervals that BellSouth provides to its affiliates, subsidiaries and end users.
5.2 The quality of a Network Element, as well as the quality of the access to such Network Element provided by BellSouth to Sprint shall be at least equal in quality to that which BellSouth provides to itself or such access as would offer an efficient carrier a meaningful opportunity to compete.
6. White Pages Listings
BellSouth shall provide Sprint and their customers access to white pages directory listings under the following terms:
6.1 Listings. BellSouth 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 BellSouth 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 BellSouth at no charge.
6.3 Procedures for Submitting Sprint Subscriber Information. BellSouth will provide to Sprint a magnetic tape or computer disk containing the proper format for submitting subscriber listings. Sprint will be required to provide BellSouth 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 BellSouth’s Local Interconnection and Facility Based Ordering Guide.
6.4 Non-listed/Non-Published Subscribers. Sprint will be required to provide to BellSouth 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. BellSouth will include and maintain Sprint subscriber listings in BellSouth’s directory assistance databases at no charge. BellSouth and Sprint will formulate appropriate procedures regarding lead time, timeliness, format and content of listing information.
6.6 Listing Information Confidentiality. BellSouth will accord Sprint’s directory listing information the same level of confidentiality that BellSouth accords its own directory listing information. BellSouth shall ensure that access to Sprint customer proprietary listing information will be limited solely to those of BellSouth and BellSouth’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. BellSouth 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 BellSouth at tariffed rates as set forth in the General Subscriber Services Tariff. In addition to a basic White Pages listing, BellSouth 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. BellSouth or its agent shall deliver White Pages directories to Sprint CLEC subscribers at no charge.
6.9 BellSouth agrees to provide White Pages distribution services to Sprint customers within ILEC’s service territory at no additional charge to Sprint. BellSouth represents that the quality, timeliness, and manner of such distribution services will be at parity with those provided to BellSouth and to other Sprint customers.
6.10 BellSouth 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 BellSouth pursuant to the Bona Fide Request/New Business Request process set forth following. For those products and services that have been made available to other CLECs, such services shall be made available to Sprint on the same rates, terms and conditions through an amendment to this agreement.
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 BellSouth 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. BellSouth will then cease analysis of the request.
7.4 Within two (2) business days of its receipt, BellSouth 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, BellSouth shall provide to Sprint a preliminary analysis of the Bona Fide Request. The preliminary analysis will include BellSouth’s proposed price (plus or minus 25 percent) and state whether BellSouth can meet Sprint’s requirements, the requested availability date, or, if BellSouth cannot meet such date, provide an alternative proposed date together with a detailed explanation as to why BellSouth is not able to meet Sprint’s requested availability date. BellSouth 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 BellSouth 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 BellSouth’s processing of the request. If BellSouth determines that it is not able to provide Sprint with a preliminary analysis within thirty (30) days of BellSouth’s receipt of a Bona Fide request, BellSouth will inform Sprint as soon as practicable. Sprint and BellSouth 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, BellSouth 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 BellSouth, Sprint will notify BellSouth in writing of its acceptance or rejection of BellSouth’s proposal. If at any time an agreement cannot be reached as to the terms and conditions or price of the request, or if BellSouth 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 BellSouth’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 Section 14 of the General Terms and Conditions of this Agreement.
8. Court Ordered Requests for Call Detail Records and Other Subscriber Information
To the extent technically feasible, BellSouth maintains call detail records for Sprint end users for limited time periods and can respond to subpoenas and court ordered requests for this information. BellSouth shall maintain such information for Sprint end users for the same length of time it maintains such information for its own end users.
8.1 Sprint agrees that BellSouth will respond to subpoenas and court ordered requests delivered directly to BellSouth for the purpose of providing call detail records when the targeted telephone numbers belong to Sprint end users. Billing for such requests will be generated by BellSouth and directed to the law enforcement agency initiating the request.
8.2 Sprint agrees that in cases where Sprint receives subpoenas or court ordered requests for call detail records for targeted telephone numbers belonging to Sprint end users, Sprint will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to BellSouth. Billing for call detail information will be generated by BellSouth and directed to the law enforcement agency initiating the request.
8.3 In cases where the timing of the response to the law enforcement agency prohibits Sprint from having the subpoena or court ordered request redirected to BellSouth by the law enforcement agency, Sprint will furnish the official request to BellSouth for providing the call detail information. BellSouth will provide the call detail records to Sprint and xxxx Sprint for the information. Sprint agrees to reimburse BellSouth for the call detail information provided.
8.4 Sprint will provide Sprint end user and/or other customer information that is available to Sprint in response to subpoenas and court orders for their own customer records. BellSouth will redirect subpoenas and court ordered requests for Sprint end user and/or other customer information to Sprint for the purpose of providing this information to the law enforcement agency.
9. Liability and Indemnification
9.1 Liabilities of BellSouth. Unless expressly stated otherwise in this Agreement, the liability of BellSouth 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 BellSouth resulting from any and all causes shall not exceed the amounts owing BellSouth 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 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 BellSouth 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 BellSouth’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 BellSouth’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 originates from 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: Defined. It may be necessary for BellSouth 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, requests for proposals, specifications, drawings, prices, costs, procedures, processes, business systems, software programs, techniques, customer account data, call detail records and like information (collectively the “Discloser’s Confidential Information”). All Discloser’s Confidential Information shall be provided to Recipient in written or other tangible or electronic form, clearly marked with a confidential and proprietary notice. Discloser’s Confidential Information orally or visually provided
to Recipient must be designated by Discloser as confidential and proprietary at the time of such disclosure.
11.2 Use and Protection of Disclosers Confidential Information. Recipient shall use the Discloser’s Confidential Information solely for the purpose(s) of performing this Agreement, and Recipient shall protect Discloser’s Confidential Information from any use, distribution or disclosure except as permitted hereunder. Recipient will use the same standard of care to protect Discloser’s Confidential 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 Confidential 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 Confidential 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.
11.3 Ownership, Copying and Return of Discloser’s Confidential Information. Discloser’s Confidential Information remains at all times the property of Discloser. Recipient may make tangible or electronic copies, notes, summaries or extracts of Discloser’s Confidential 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 Confidential Information (including, but not limited to, tangible and electronic copies, notes, summaries or extracts of any Discloser’s Confidential Information) will be promptly returned to Discloser or destroyed, and Recipient will provide Discloser with written certification stating that such Discloser’s Confidential Information has been returned or destroyed.
11.4 Exceptions. Discloser’s Confidential Information does not include: (a) any information publicly disclosed by Discloser; (b) any information Discloser in writing authorizes Recipient to disclose without restriction; (c) any information already lawfully known to Recipient at the time it is disclosed by Discloser, without an obligation to keep it confidential; or (d) any information Recipient lawfully obtains from any source other than Discloser, provided that such source lawfully disclosed and/or independently developed such information. If Recipient is required to provide Discloser’s Confidential 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 Confidential Information disclosed in response to a written court order, subpoena, regulation or process of law.
11.5 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 receive 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 available at law or in equity.
11.6 Survival of Confidentiality Obligations. The parties’ 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 Discloser’s Confidential Information exchanged during the term of this Agreement but in no event longer than 3 years from receipt of such information. Thereafter, the parties’ obligations hereunder survive and continue in effect with respect to any Discloser’s Confidential Information that is a trade secret under applicable law.
11.7 Except as other wise expressly provided in this Section, nothing herein shall be construed as limiting the rights of either Party with respect to its customer information under any applicable law, including without limitation Section 222 of the Act.
11.8 BellSouth 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 BellSouth for purposes of soliciting or winning back BellSouth’s customers.
11.10 Nothing herein shall prohibit Recipient from providing Information requested by the FCC or a state regulatory agency with jurisdiction over this matter to support a request for arbitration or an allegation of failure to negotiate in good faith.
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.
Sprint may not assign or transfer (whether by operation of law or otherwise) this Agreement, or any rights or obligations hereunder, to a third person without the prior written consent of BellSouth, provided that Sprint may assign or transfer this Agreement with notice, but without the prior written consent of BellSouth, to any entity that is certified as a Competitive Local Exchange Carrier by the relevant state regulatory Commission or is otherwise authorized by the commission or licensed Commercial Mobile Radio Service provider to provide local exchange services.
BellSouth may not assign or transfer (whether by operation of law or otherwise) this Agreement, or any rights or obligations hereunder, to a third person without
the prior written consent of Sprint, provided that BellSouth may assign or transfer this Agreement with notice, but without the prior written consent of Sprint, to any entity provided such entity, is and shall be, for the remainder of the term of this Agreement, a successor or assign of BellSouth pursuant to § 251 (h) (1) of the Act, subject to all of the same §§ 251 and 252 obligations as BellSouth.
If during the Term of this Agreement, BellSouth sells, assigns or otherwise transfers any ILEC Territory or ILEC Assets to a person other than an Affiliate or subsidiary, BellSouth shall provide Sprint not less than ninety (90) days prior written notice of such sale, assignment or transfer. Upon the consummation of such sale, assignment or transfer, Sprint acknowledges that BellSouth shall have no further obligations under this Agreement with respect to the ILEC Territories and/or ILEC Assets subject to such sale, assignment or transfer, and that Sprint must establish its own Section 251 and 252 arrangement with the successor to such ILEC Territory and/or ILEC Assets.
14. Resolution of Disputes
Except as otherwise stated in this Agreement, the Parties agree that if any dispute arises as to the interpretation of any provision of this Agreement or as to the proper implementation of this Agreement, either Party may petition the Commission for a resolution of the dispute. Either Party may seek expedited
resolution by the Commission, and shall request that resolution occur in no event later than sixty (60) days from the date of submission of such dispute. The other Party will not object to such expedited resolution of a dispute. If the Commission appoints an expert(s) or other facilitator(s) to assist in its decision making, each party shall pay half of the fees and expenses so incurred. 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. This provision shall not preclude the Parties from seeking other legal remedies.
15.1 Definition. For purposes of this Section, the terms “taxes” and “fees” shall include but not be limited to federal, state or local sales, use, excise, gross receipts or other taxes or tax-like fees of whatever nature and however designated (including tariff surcharges and any fees, charges or other payments, contractual or otherwise, for the use of public streets or rights of way, whether designated as franchise fees or otherwise) imposed on, or sought to be imposed on, either of the Parties and measured by the charges or payments, for the services furnished hereunder, excluding any taxes levied on income.
15.2 Taxes and Fees Imposed Directly On Either Providing Party or Purchasing Party.
15.2.1 Taxes and fees imposed on the providing Party, which are neither permitted nor required to be passed on by the providing Party to its customer, shall be borne and paid by the providing Party.
15.2.2 Taxes and fees imposed on the purchasing Party, which are not required to be collected and/or remitted by the providing Party, shall be borne and paid by the purchasing Party.
15.3 Taxes and Fees Imposed on Purchasing Party But Collected And Remitted By Providing Party.
15.3.1 Taxes and fees imposed on the purchasing Party shall be borne by the purchasing Party, even if the obligation to collect and/or remit such taxes or fees is placed on the providing Party.
15.3.2 To the extent permitted by applicable law, any such taxes and/or fees shall be shown as separate items on applicable billing documents between the Parties. Notwithstanding the foregoing, the purchasing Party shall remain liable for any such taxes and fees regardless of whether they are actually billed by the providing Party at the time that the respective service is billed.
15.3.3 If the purchasing Party determines that in its opinion any such taxes or fees are not lawfully due, the providing Party shall not xxxx such taxes or fees to the purchasing Party if the purchasing Party provides written certification, reasonably satisfactory to the providing Party, stating that it is exempt or otherwise not subject to the tax or fee, setting forth the basis therefor, and satisfying any other requirements under applicable law. If any authority seeks to collect any such tax or fee that the purchasing Party has determined and certified not to be lawfully due, or any such tax or fee that was not billed by the providing Party, the purchasing Party may contest the same in good faith, at its own expense. In the event that such contest must be pursued in the name of the providing Party, the providing Party shall permit the purchasing Party to pursue the contest in the name of providing Party and the providing Party shall have the opportunity to participate fully in the preparation of such contest. In any such contest, the purchasing Party shall promptly furnish the providing Party with copies of all filings in any proceeding, protest, or legal challenge, all rulings issued in connection therewith, and all correspondence between the purchasing Party and the taxing authority.
15.3.4 In the event that all or any portion of an amount sought to be collected must be paid in order to contest the imposition of any such tax or fee, or to avoid the existence of a lien on the assets of the providing Party during the pendency of such contest, the purchasing Party shall be responsible for such payment and shall be entitled to the benefit of any refund or recovery.
15.3.5 If it is ultimately determined that any additional amount of such a tax or fee is due to the imposing authority, the purchasing Party shall pay such additional amount, including any interest and penalties thereon.
15.3.6 Notwithstanding any provision to the contrary, the purchasing Party shall protect, indemnify and hold harmless (and defend at the purchasing Party’s expense) the providing Party from and against any such tax or fee, interest or penalties thereon, or other charges or payable expenses (including reasonable attorney fees) with respect thereto, which are reasonably and necessarily incurred by the providing Party in connection with any claim for or contest of any such tax or fee.
15.3.7 Each Party shall notify the other Party in writing of any assessment, proposed assessment or other claim for any additional amount of such a tax or fee by a taxing authority; such notice to be provided, if possible, at least ten (10) days prior to the date by which a response, protest or other appeal must be filed, but in no event later than thirty (30) days after receipt of such assessment, proposed assessment or claim.
15.4 Taxes and Fees Imposed on Seller But Passed On To Purchasing Party.
15.4.1 Taxes and fees imposed on the providing Party, which are permitted or required to be passed on by the providing Party to its customer, shall be borne by the purchasing Party.
15.4.2 To the extent permitted by applicable law, any such taxes and/or fees shall be shown as separate items on applicable billing documents between the Parties. Notwithstanding the foregoing, the purchasing Party shall remain liable for any such taxes and fees regardless of whether they are actually billed by the providing Party at the time that the respective service is billed.
15.4.3 If the purchasing Party disagrees with the providing Party’s determination as to the application or basis for any such tax or fee, the Parties shall consult with respect to the imposition and billing of such tax or fee and with respect to whether to contest the imposition of such tax or fee. Notwithstanding the foregoing, the providing Party shall retain responsibility for determining whether and to what extent any such taxes or fees are applicable. The providing Party shall further retain responsibility for determining whether and how to contest the imposition of such taxes or fees; provided, however, the Parties agree to consult in good faith as to such contest and that any such contest undertaken at the request of purchasing Party shall be at the purchasing Party’s expense. In the event that such contest must be pursued in the name of the providing Party, providing Party shall permit purchasing Party to pursue the contest in the name of providing Party and the providing Party shall have the opportunity to participate fully in the preparation of such contest.
15.4.4 If, after consultation in accordance with the preceding Section, the purchasing Party does not agree with the providing Party’s final determination as to the application or basis of a particular tax or fee, and if the providing Party, after receipt of a written request by the purchasing Party to contest the imposition of such tax or fee with the imposing authority, fails or refuses to pursue such contest or to allow such contest by the purchasing Party, the purchasing Party may utilize the procedures in Section 14 of the General Terms and Conditions of this Agreement. Utilization of the dispute resolution process shall not relieve the purchasing Party from liability for any tax or fee billed by the providing Party pursuant to this subsection during the pendency of such dispute resolution proceeding. In the event that the purchasing Party prevails in such dispute resolution proceeding, it shall be entitled to a refund in accordance with the final decision therein. Notwithstanding the foregoing, if at any time prior to a final decision in such dispute resolution proceeding the providing Party initiates a contest with the imposing authority with respect to any of the issues involved in such dispute resolution proceeding, the dispute resolution proceeding shall be dismissed as to such common issues and the final decision rendered in the contest with the imposing authority shall control as to such issues.
15.4.5 In the event that all or any portion of an amount sought to be collected must be paid in order to contest the imposition of any such tax or fee with the imposing authority, or to avoid the existence of a lien on the assets of the providing Party during the pendency of such contest, the purchasing Party shall be responsible for such payment and shall be entitled to the benefit of any refund or recovery.
15.4.6 If it is ultimately determined that any additional amount of such a tax or fee is due to the imposing authority, the purchasing Party shall pay such additional amount, including any interest and penalties thereon.
15.4.7 Notwithstanding any provision to the contrary, the purchasing Party shall protect indemnify and hold harmless (and defend at the purchasing Party’s expense) the providing Party from and against any such tax or fee, interest or penalties thereon, or other reasonable charges or payable expenses (including reasonable attorney fees) with respect thereto, which are incurred by the providing Party in connection with any claim for or contest of any such tax or fee.
15.4.8 Each Party shall notify the other Party in writing of any assessment, proposed assessment or other claim for any additional amount of such a tax or fee by a taxing authority; such notice to be provided, if possible, at least ten (10) days prior to the date by which a response, protest or other appeal must be filed, but in no event later than thirty (30) days after receipt of such assessment, proposed assessment or claim.
15.9 Mutual Cooperation. In any contest of a tax or fee by one Party, the other Party shall cooperate fully by providing records, testimony and such additional information or assistance as may reasonably be necessary to pursue the contest. Further, the other Party shall be reimbursed for any reasonable and necessary out- of-pocket copying and travel expenses incurred in assisting in such contest. Each Party agrees to indemnify and hold harmless the other Party from and against any losses, damages, claims, demands, suits, liabilities and expenses, including reasonable attorney’s fees, that arise out of its failure to perform its obligations under this section.
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. Most Favored Nations (MFN)
17.1 BellSouth shall make available, pursuant to 47 USC § 252 and the FCC rules and regulations regarding such availability, to Sprint any interconnection, service, or network element provided under any other agreement filed and approved pursuant to 47 USC § 252. The Parties shall adopt all rates, terms and conditions concerning such other interconnection, service or network element and any other rates, terms and conditions that are interrelated or were negotiated in exchange for or in conjunction with the interconnection, service or network element being adopted. The adopted interconnection, service, or network element and agreement shall apply to the same states as such other agreement and for the identical term of such other agreement.
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 BellSouth 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 Upon the effective date of any legislative, regulatory, judicial or other legal action that materially affects any material terms of this Agreement, or the ability of Sprint or BellSouth to perform any material terms of this Agreement, Sprint or BellSouth 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. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under
this Agreement as of the effective date of the order by the court, Commission or FCC, whether such action was commenced before or after the effective date of this Agreement. 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 Section 14.
18.4.1 This Agreement shall be amended to incorporate effective orders issued upon remand by the Supreme Court in “Verizon Communications, Inc., et al. v. FCC”, Nos 00-511 et al (U.S. May 13, 2002).
18.5 If any provision of this Agreement, or the application of such provision to either Party or circumstance, shall be held invalid, the remainder of the Agreement, or the application of any such provision to the Parties or circumstances other than those to which it is held invalid, shall not be affected thereby, provided that the Parties shall attempt to reformulate such invalid provision to give effect to such portions thereof as may be valid without defeating the intent of such provision.
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 BellSouth tariff. Each party hereby incorporates by reference those provisions of its tariffs that govern the provision of any of the services or facilities provided hereunder. In the event of a conflict between a provision of this Agreement and a provision of an applicable tariff, 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 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, the terms and conditions of the tariff shall prevail.
18.7.2 If the service is ordered 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 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 and any terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail.
18.7.4 If the service is a resale service, the terms and conditions of the Agreement shall prevail.
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
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 Unless or until such time as a billing accuracy certification program has been implemented pursuant to Section 3 of Attachment 7, the audit process provided in this Section 21.1 shall apply.
21.1.1 Subject to BellSouth’s reasonable security requirements and except as may be otherwise specifically provided in this Agreement, Sprint may audit BellSouth’s books, records and other documents once in each 12 month period for the purpose of evaluating the accuracy of BellSouth’s billing and invoicing. Such audit may include examination of the flow of call detail records from BellSouth’s switch to BellSouth’s internal systems to the usage file transmitted to Sprint. Sprint 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 BellSouth.
21.1.2 BellSouth shall promptly correct any billing error that is revealed in an audit, including making refund of any overpayment by Sprint 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 Section 14, Resolution of Disputes, of the General Terms and Conditions of this Agreement.
21.1.3 BellSouth shall cooperate fully in any such audit, providing reasonable access to any and all appropriate BellSouth employees and books, records and other documents reasonably necessary to assess the accuracy of BellSouth’s bills.
21.1.4 Third party audits requested by Sprint shall be at Sprint’s expense, subject to reimbursement by BellSouth in the event that an audit finds an adjustment in the charges or in any invoice paid or payable by Sprint hereunder by an amount that is, on an annualized basis, greater than two percent (2%) of the aggregate charges for the Services and Elements 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.
21.1.5 Upon (i) the discovery by BellSouth of overcharges not previously reimbursed to Sprint or (ii) the resolution of disputed audits, BellSouth shall promptly reimburse Sprint 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 BellSouth under this Agreement, BellSouth 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 BellSouth cannot provide such branding of Operator Services and Directory Assistance, BellSouth 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 BellSouth personnel to interface with Sprint subscribers, such BellSouth personnel shall inform Sprint subscribers that they are representing Sprint, or such brand as Sprint may specify and shall not identify themselves as representing BellSouth.
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 BellSouth to Sprint customers shall be made available for Sprint’s review. In no event shall BellSouth, acting on behalf of Sprint pursuant to this Agreement, provide information to Sprint local service customers about BellSouth products or services. For installation and repair services, BellSouth 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 BellSouth provide information to Sprint’s subscribers about Sprint’s products or services during installation, maintenance or repair visits.
23.5 BellSouth 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 BellSouth 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. BellSouth agrees to take reasonable and prudent steps to ensure the adequate protection of Sprint property located within BellSouth premises including, but not limited to:
24.1.1 BellSouth 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. BellSouth agrees to take reasonable and prudent steps to ensure the adequate protection of Sprint property located within BellSouth premises including, but not limited to:
184.108.40.206 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.
220.127.116.11 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 BellSouth pursuant to BellSouth Admissions Practices.
18.104.22.168 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 BellSouth with replacement keys.
22.214.171.124 Insuring that doors that provide access to Sprint equipment enclosures are equipped to protect against removal of hinge pins.
126.96.36.199 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
to 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 BellSouth BSP 008-140-230BT (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 BellSouth services are being resold and where Sprint is using a BellSouth 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 BellSouth. These features include, but are not limited to, screening codes, call blocking of international, 800, 900 and 976 numbers. Sprint and BellSouth 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.
188.8.131.52 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 BellSouth 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 BellSouth. BellSouth shall provide soft dial tone to allow only the completion of calls to final termination points required by law.
24.3 Law Enforcement Interface
24.3.1 BellSouth 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. BellSouth shall provide all necessary assistance to facilitate the execution of wiretap or dialed number recorder orders from law enforcement authorities.
25. Relationship of Parties
It is the intention of the Parties that BellSouth 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.
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 BellSouth 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. BellSouth 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
BellSouth, 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 BellSouth in writing of its planned actions at such work location and shall receive BellSouth’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. BellSouth 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 BellSouth’s request) and hold harmless BellSouth and each of BellSouth’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 BellSouth-owned, operated or leased facilities are identified to be asbestos-containing, Sprint will notify BellSouth 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 BellSouth owned or controlled facility, BellSouth 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 BellSouth’s possession under this Agreement if it is in the possession of an employee, agent, or authorized representative of BellSouth.
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 BellSouth procedures, BellSouth 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, BellSouth shall make such alternative route available for Sprint’s consideration.
28.6 Subject to this Section and to BellSouth’s standard security procedures, which procedures will be provided to Sprint, BellSouth 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.
29.1 Every notice, consent, approval, or other communications required or contemplated by this Agreement shall be in writing and shall be delivered in person or given by postage prepaid mail, address to:
BellSouth Telecommunications, Inc.
CLEC Account Team 9th Floor
000 Xxxxx 00xx Xxxxxx Xxxxxxxxxx, Xxxxxxx 00000
General Attorney – Commercial Group Xxxxx 0000
000 X. Xxxxxxxxx Xx. Xxxxxxx, XX 00000
Sprint Communications Company L.P.
W. Xxxxxxx Xxxxxx
Vice President – State External Affairs 0000 Xxxxxx Xxxxxxx
Mailstop KSOPHN0214 Xxxxxxxx Xxxx, XX 00000
Attention: Legal Regulatory Department Mailstop: KSOPHI0414
0000 Xxxxxx Xxxxxxx, Xxxx. 0 Xxxxxxxx Xxxx, XX 00000
with a copy to:
Manager: Carrier Interconnection Management Mailstop: KSOPAM 0101
00000 Xxxxxxx Xxxx.
Xxxxxxxx Xxxx, XX 00000
or at such other address as the intended recipient previously shall have designated by written notice to the other Party.
29.2 Where specifically required, notices shall be by certified or registered mail. Unless otherwise provided in this Agreement, notice by mail shall be effective on the date it is officially recorded as delivered by return receipt or equivalent, and in the absence of such record of delivery, it shall be presumed to have been delivered the fifth day, or next business day after the fifth day, after it was deposited in the mails.
29.3 Changes in Retail Service
29.3.1 BellSouth shall notify Sprint electronically, by way of posting to the BellSouth interconnection web site, of any changes in the terms and conditions under which it
offers Telecommunications Services to subscribers who are nontelecommunications carriers, including, but not limited to, the introduction or discontinuance of any features, functions, services or promotions, at least 45 days prior to the effective date of any such change or concurrent with BellSouth’s internal notification process for such change, whichever is earlier. Sprint recognizes that certain revisions may occur between the time BellSouth notifies Sprint of a change pursuant to this Section and either BellSouth’s tariff filing of such change or tariff effective date. BellSouth shall notify Sprint of such revisions consistent with BellSouth’s internal notification process but Sprint accepts the consequences of such mid-stream changes as an uncertainty of doing business and, therefore, will not hold BellSouth responsible for any resulting inconvenience or cost incurred by Sprint unless caused by the intentional misconduct of BellSouth for the purposes of this Section. The notification given pursuant to this Section will not be used by either party to market its offering of such changed services externally in advance of the BellSouth filing of any such changes.
29.3.2 BellSouth shall notify Sprint electronically of proposed price changes at least 30 days prior to the effective date of any such price change.
29.3.3 BellSouth shall use its interconnection web site to notify Sprint of any network changes within at least six (6) months before such changes are proposed to become effective and within twelve months for any technological changes. If such operational or technological changes occur within the six or twelve month notification period, BellSouth will notify Sprint of the changes concurrent with BellSouth’s internal notification process for such changes.
29.4 BellSouth shall not discontinue any interconnection arrangement, Telecommunications Service, 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. BellSouth 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, BellSouth will provide substitute services and elements.
29.5 BellSouth shall provide notice of network changes and upgrades in accordance with Sections 51.325 through 51.335 of Title 47 of the Code of Federal Regulations.
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 Within 60 days of the execution 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. The schedule shall state with specificity time frames for submission of including but not limited to, network design, interconnection points, collocation arrangement requests, pre-sales testing and full operational time frames for the business and residential markets. An implementation template to be used for the implementation schedule is contained in Attachment 10 of this 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 to their respective Customers. This Agreement will therefore address the overall standards of performance for services, processes, and systems capabilities that the Parties will provide to each other, and the intervals at which those services, processes and capabilities will be provided. 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 Existing BellSouth operating procedures and interface documentation shall be made available for Sprint’s review within 30 days of execution of this agreement. The parties agree to negotiate any modifications to these procedures which may be required to support the terms and conditions of this Agreement. In the event that there are existing operations manuals, BellSouth informational or instructional web sites, documented change controls processes, or joint implementation plans, currently in place or previously negotiated by the parties, Sprint and BellSouth
agree that they will be reviewed for accuracy and validity under this Agreement and updated, modified, or replaced as necessary. BellSouth will advise Sprint of changes to the operating procedures and interface documentation on a mutually agreeable basis. The operating procedures and interface documentation shall address the following matters, and may include any other matters agreed upon by the Implementation Team:
33.3.1 the respective duties and responsibilities of the Parties with respect to the administration and maintenance of the interconnections (including signaling), including standards and procedures for notification and discoveries of trunk disconnects;
33.3.2 disaster recovery and escalation provisions;
33.3.3 access to Operations Support Systems functions provided hereunder, including gateways and interfaces;
33.3.4 escalation procedures for ordering, provisioning, billing, and maintenance;
33.3.5 single points of contact for ordering, provisioning, billing, and maintenance;
33.3.6 service ordering and provisioning procedures, including manual processes and provision of the trunks and facilities;
33.3.7 provisioning and maintenance support;
33.3.8 change control procedures for modifications to any and all points of interface, electronic or automated interfaces, as well as operational interface processes and procedures impacting on-going operation between the parties;
33.3.9 conditioning and provisioning of collocation space and maintenance of Virtually collocated equipment;
33.3.10 procedures and processes for Directories and Directory Listings;
33.3.11 billing processes and procedures;
33.3.12 network planning components including time intervals;
33.3.13 joint systems readiness and operational readiness plans;
33.3.14 appropriate testing of services, equipment, facilities and network elements;
33.3.15 monitoring of inter-company operational processes;
33.3.16 procedures for coordination of local PIC changes and processing;
33.3.17 physical and network security concerns; and
33.3.18 such other matters specifically referenced in this Agreement that are to be agreed upon by the Implementation Team and/or contained in the Implementation Plan.
33.4 The Implementation Plan may be modified from time to time as deemed appropriate by both 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. BellSouth 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. Application of Attachments
This Agreement was negotiated between BellSouth, Sprint CLEC and Sprint PCS for the purpose of creating a single interconnection arrangement between
BellSouth and Sprint. At the date of the signing of this Agreement, Sprint PCS has elected not to opt into the terms and conditions of the following Attachments: 1 Resale, 5 Access to Numbers, 6 Ordering and Provisioning, 9 Performance Measurements, and 11 Disaster Recovery. Should Sprint PCS desire to operate under the terms and conditions of those Attachments, prior to the expirations of the term of this Agreement, Sprint PCS and BellSouth shall negotiate an amendment to this Agreement.
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.
IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate on the day and year written below.
BellSouth Telecommunications, Inc. Sprint Communications Company
Signature on File Signature on File Signature Signature
Xxxxx Xxxxx W. Xxxxxxx Xxxxxx Name Name
Managing Director Vice President-State External Affairs Title Title
Sprint Spectrum L.P.
Signature on File Signature
Xxxxxxx X. Xxxxxx Name
Vice President–Engineering & Network Design Title
“911 Service” means a universal telephone number which gives the public direct access to the Public Safety Answering Point (PSAP). 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 authority 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.
“Affiliate” is defined as a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or equivalent thereof) of more than 10 percent.
"Advanced Intelligent Network (AIN)" is a network functionality that permits specific conditions to be programmed into a switch which, when met, directs the switch to suspend call processing and to receive special instructions for further call handling instructions in order to enable carriers to offer advanced features and services.
“ALI/DMS” (Automatic Location Identification/Data Management System) 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 Public Safety Answering Point (PSAP) to route the call.
“ANI” (Automatic Number Identification) is a feature that identifies the number of a telephone line that originates a call.
“CABS” means the Carrier Access Billing System which is defined in a document prepared under the direction of the Billing Committee of the OBF. The Carrier Access Billing System document is published by Telcordia in Volumes 1, 1A, 2, 3, 3A, 4 and 5 as Special Reports SR-OPT- 001868, SR-OPT-0011869, SR-OPT-001871, SR-OPT-001872, SR-OPT-001873, SR-OPT-
001874, and SR-OPT-001875, respectively, and contains the recommended guidelines for the billing of access and other connectivity services.
“Carrier Identification Codes (CIC)” A CIC code is assigned by the North American Numbering Plan administrator to identify the entity who purchases access services. This code is primarily used for billing and routing from the local exchange network to the access purchaser.
“CCS” (Common Channel Signaling) means a method of digitally transmitting call set-up and network control data over a digital signaling network fully separate from the public switched telephone network that carries the actual call.
“Central Office” means a telephone company facility where subscribers’ lines are joined to switching equipment for connecting to other subscribers, locally or long distance.
“Centralized Message Distribution System” is the Telcordia (formerly BellCore) administered national system, based in Kansas City, Missouri, used to exchange Exchange Message Interface (EMI) formatted data among host companies.
“CENTREX” means a Telecommunications Service associated with a specific grouping of lines that uses central office switching equipment for call routing to handle direct dialing of calls, and to provide numerous private branch exchange-like features.
“CLASS” (Custom Local Area Signing service) (Service xxxx of Telcordia) means service features that utilize the capability to forward a calling party’s number between end offices as part of call setup. Features include Automatic Callback, Automatic Recall, Caller ID, Call Trace, and Distinctive Ringing.
“Collocation Space” means the right of Sprint to occupy that certain area designated by BellSouth within a BellSouth Premises, of a size which is specified by Sprint and agreed to by BellSouth which agreement should not be unreasonably withheld.
“Commission” is defined as the appropriate telecommunications regulatory agency in each of BellSouth’s nine state region, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee.
“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.
“Daily Usage File” is the compilation of messages or copies of messages in standard Exchange Message Interface (EMI) format exchanged from BellSouth to Sprint.
“Dedicated Transport” provides a local interoffice transmission path between BellSouth and/or Sprint central offices. Dedicated Transport is limited to the use of a single customer and does not require switching at a Tandem.
“Defaulting Party” is a Party in breach of a material term or condition of the Agreement.
“Directory Assistance Database” refers to a collection of subscriber records used by BellSouth 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.
“DSLAM” (Digital Subscriber Line Access Multiplexer) is a network multiplexing device that receives signals from multiple customer Digital Subscriber Line (DSL) connections and puts the signals on a high speed backbone line. DSLAMs connect DSL lines with some combination of asynchronous transfer mode (ATM), frame relay or IP networks.
“E911” (Enhanced 911 Service) means a telephone communication service which will automatically route a call dialed "911" to a designated public safety answering point (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.
“EDI” (Electronic Data Interchange) is the computer application to computer application exchange of standard business data between trading partners in a standard format. These standard formats, developed by the American National Standards Institute (ANSI) Accredited Standards Committee X12 (ASC X12) are utilized within the EDI environment. The Telecommunications Industry Forum (TCIF) (a committee sponsored by the Alliance for Telecommunications Industry Solutions [ATIS]) creates guidelines using specific ANSI ASC X12 transaction sets to conduct specific business transactions in the telecommunications industry. This allows for an industry standard exchange of product and service ordering data between CLECs and ILECs.
“Environmental Hazard” means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law.
“Exchange Message Interface” is the nationally administered standard format for the exchange of data among the Exchange Carriers within the telecommunications industry.
“Grandfathered Service” means a service which can be resold only to existing subscribers of the grandfathered service.
“Hazardous Materials” means any hazardous or toxic substance, material or waste listed in the United States Department of Transportation HAZARDOUS MATERIALS Table at 49 CFR 172.101; any hazardous substance listed by the Environmental Protection Agency (EPA) under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. §§ 9601 et. seq., as amended, and found at 40 CFR Part 302; any hazardous waste listed under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 et. seq., as amended, and found at 40 CFR Part 261; any toxic substance regulated by the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et. seq., as amended; any insecticide, fungicide, or rodenticide regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et. seq.; and the following specified substances or materials, that may or may not be regulated by the
above: (1) asbestos or asbestos-containing materials; (2) petroleum or petroleum-based or derived products or by-products; (3) polychlorinated biphenyls (PCBs); and (4) radon.
“INP“ (Interim Number Portability) is as defined in Attachment 5, Section 3.1.
“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.
“Intermediary function” is defined as the delivery of traffic from Sprint; a CLEC other than Sprint or another telecommunications carrier through the network of BellSouth or Sprint to an end user of Sprint; a CLEC other than Sprint or another telecommunications carrier.
“ISP-Bound Traffic” is defined as telecommunications traffic delivered to an information service provider (“ISP”). ISP-Bound Traffic is not considered Local Traffic subject to reciprocal compensation but instead is classified as information access.
“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 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 Interim Number Portability (INP) or Permanent Number Portability (PNP) (long term database method for number portability) as defined in 47 CFR 52.21 – 52.33.
“Local Service Request” (LSR) means an industry standard form used by the Parties to add, establish, change or disconnect local services. The LSR format and industry standards govern all local service requests, i.e. Resale, Unbundled Elements, and Combinations of Unbundled Elements (UNE-P).
CLEC Local Traffic. CLEC Local Traffic is defined as any telephone call that originates in one exchange and terminates in either the same exchange, or other local calling area associated with the originating exchange as defined and specified in Section A3 of BellSouth’s General Subscriber Service Tariff. As clarification of this definition and for reciprocal transport and termination compensation, CLEC Local Traffic does not include
ISP-Bound Traffic. As further clarification, CLEC 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.
Wireless Local Traffic. Wireless Local Traffic is defined for purposes of reciprocal compensation under this Agreement as: (1) any telephone call that originates on the network of Sprint PCS within a Major Trading Area (“MTA”) and terminates on the network of BellSouth in the same MTA and within the Local Access and Transport Area (“LATA”) in which the call is handed off from Sprint PCS to BellSouth, and (2) any telephone call that originates on the network of BellSouth that is handed off directly to Sprint PCS in the same LATA in which the call originates and terminates on the network of Sprint PCS in the MTA in which the call is handed off from BellSouth to Sprint PCS. For purposes of this Agreement, LATA shall have the same definition as that contained in the Telecommunications Act of 1996, and MTA shall have the same definition as that contained in the FCC’s rules.
“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 Switching Center” or “MSC” is a switching facility that is an essential element of the CMRS network which performs the switching for the routing of calls between and among its mobile subscribers and subscribers in other mobile or landline networks. The MSC is used to interconnect trunk circuits between and among End Office Switches and Tandem Switches, aggregation points, points of termination, or points of presence and also coordinates inter-cell and inter-system call hand-offs and records all system traffic for analysis and billing.
“Multiple Exchange Carrier Access Billing (“MECAB”)” means the document prepared by the Billing Committee of the Ordering and Billing Forum (“OBF:), which functions under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions (“ATIS”) and by Telcordia (formerly BellCore) as Special Report SR-BDS-000983, containing the recommended guidelines for the billing of Exchange Service access provided by two or more LECs and/or CLECs or by one LEC in two or more states within a single LATA.
“NANP” (North American Numbering Plan), the system or method of telephone numbering employed in the United States, Canada, and certain Caribbean countries. It denotes the three digit Numbering Plan Area code and a seven digit telephone number made up of a three digit Central Office code plus a four digit station number.
“Network Element” is defined to mean a facility or equipment used in the provision of a telecommunications service. Such term may include, but is not limited to, features, functions, and capabilities that are provided by means of such facility or equipment, including but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.
The agreement of the parties as to the provision of Network Elements is as set forth in Attachment 2 of this Agreement.
“Network Interface Device” (NID) is as defined in Attachment 2, Section 4.1.1.
“Non-Intercompany Settlement System (NICS)” is the Telcordia (formerly BellCore) system that calculates non-intercompany settlements amounts due from one company to another within the same RBOC region. It includes credit card, third number and collect messages.
“NPA” (Numbering Plan Area) (sometimes referred to as an area code) is the three digit indicator which is designated by the first three digits of each 10-digit telephone number within the NANP.
“NXX”, “NXX Code”, or “Central Office Code”, or “CO Code” is the three-digit switch entity indicator which is defined by the fourth, fifth and sixth digits of a 10 digit telephone number within the North America Numbering Plan (“NANP”).
“OBF” means the Ordering and Billing Forum, which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS).
“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).
“Packet Switching” is as defined in Attachment 2, Section 12.1
“Percent of Interstate Usage (PIU)” is defined as a factor to be applied to terminating access services minutes of use to obtain those minutes that should be rated as interstate access services minutes of use. The numerator includes all interstate “non-intermediary” minutes of use, including interstate minutes of use that are forwarded due to service provider number portability less any interstate minutes of use for Terminating Party Pays services, such as 800 Services. The denominator includes all “non-intermediary”, local , interstate, intrastate, toll and access minutes of use adjusted for service provider number portability less all minutes attributable to terminating Party pays services.
“Percent Local Usage (PLU)” is defined as a factor to be applied to intrastate terminating minutes of use. The numerator shall include all “non-intermediary” local minutes of use adjusted for those minutes of use that only apply local due to Service Provider Number Portability. The denominator is the total intrastate minutes of use including local, intrastate toll, and access, adjusted for Service Provider Number Portability less intrastate terminating Party pays minutes of use.
"Permanent Number Portability (PNP)" means the use of the long-term database method for number portability that complies with the performance criteria set forth in 47 CFR 52.23 (a).
"Physical Collocation" means the right of Sprint to occupy that certain area designated by BellSouth within a BellSouth Premises, of a size which is specified by Sprint and agreed to by
BellSouth which agreement should not be unreasonably withheld. Types of Physical Collocation include Shared, Caged, Cageless, and Adjacent.
“PSAP” (Public Safety Answering Point) is the public safety communications center where 911 calls placed by the public for a specific geographic area will be answered.
“Reseller” is a category of Local Exchange service providers who obtain dial tone and associated Telecommunications Services from another provider for resale to their end user subscribers.
“Revenue Accounting Office (RAO) Status Company” is a local exchange company/alternate local exchange company that has been assigned a unique RAO code. Message data exchanged among RAO status companies is grouped (i.e. packed) according to From/To/Xxxx XXX combinations.
“Service Control Point (“SCP”)” is a specific type of Database functionality deployed in a Signaling System 7 (SS7) network that executes service application logic in response to SS7 queries sent to it by a switching system also connected to the SS7 network.
“Shared Transport” is as defined in Attachment 3.
“Signaling Transfer Point (“STP”)” are packet switches that provide CCs message routing and transport. They are stored programmed switches that use information contained in the message, in conjunction with information stored in memory, to route the message to the appropriate destination signaling point.
“Signaling Links” are dedicated transmission paths carrying signaling messages between carrier switches and signaling networks.
“Signal Link Transport” is a set of two or four dedicated 56 kbps transmission paths between Sprint designated Signaling Points of Interconnection that provide a diverse transmission path and cross connect to a BellSouth Signal Transfer Point.
“SONET” is an optical interface standard that allows interworking of transmission products from multiple vendors (i.e. mid-span meets) with a base rate of 51.84 Mbps(OC-1/STS-1).
“Subsidiary” is an entity in which another corporation owns at least a majority of the shares and has controlling interest.
“Switched Exchange Access Services” is as defined in Attachment 3.
“Tandem”, “Tandem Switching” serves to connect central offices by connecting one trunk to another. A tandem switch is an intermediate switch or connection between an originating telephone call location and the final destination of the call.
“Technically Feasible”. Interconnection, access to unbundled network elements, collocation, and other methods of achieving interconnnection or access to unbundled network elements at a
point in the network shall be deemed technically feasible absent technical or operational concerns that prevent the fulfillment of a request by a telecommunications carrier for such interconnection, access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available.
“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
“Telecommunications Carrier” means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services.
“Telecommunications Service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
“Telecommunications Act of 1996 (“Act”)” means Public Law 104-104 of the United States Congress effective February 8, 1996. The Act amended the Communications Act of 1934 (47,
U.S.C. Section 1 et. seq.).
"Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped, or recycled, associated with activities Sprint or BellSouth or their respective contractors or agents perform at Work Locations. It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers, garbage, scrap, residues or byproducts), except for substances and materials that Sprint, BellSouth or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. "Waste" shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use.
“Wire Center” is the location where subscriber outside cable plant is terminated. A Wire Center can also denote a building in which one or more central offices, used for the provision of Basic Exchange Services and access services, are located.
“Wireless – Percent Local Usage” or “W-PLU” is defined as a factor to be applied to terminating minutes of use. The numerator is all “nonintermediary” Local minutes of use. The denominator is the total minutes of use including Local and Non-Local.
Table of Contents
1. Discount Rates 3
2. Definition of Terms. 3
3. General Provisions 4
4. BellSouth’s Provision of Services To Sprint 9
5. Maintenance of Services 13
6. Establishment of Service 13
7. Payment and Billing Arrangements 14
8. Discontinuance of Service 14
9. Line Information Database (LIDB) 16
10. Optional Daily Usage File (ODUF) 16
11. Enhanced Optional Daily Usage File (EODUF) 16
Exhibit A – Applicable Discounts & OSS Rates 18
Exhibit B – Resale Restrictions 20
Exhibit C – Line Information Database (LIDB) Storage Agreement 22
This Attachment 1 is subject to the General Terms and Conditions of this Agreement
1. Discount Rates
The rates pursuant by which Sprint is to purchase services from BellSouth for resale shall be at a discount rate off of the retail rate for the telecommunications service. The discount rates shall be as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
2. Definition of Terms
2.1 CUSTOMER OF RECORD means the entity responsible for placing application for service; requesting additions, rearrangements, maintenance or discontinuance of service; payment in full of charges incurred such as non-recurring, monthly recurring, toll, directory assistance, etc.
2.2 DEPOSIT means assurance provided by a customer in the form of cash, surety bond or bank letter of credit to be held by BellSouth.
2.3 END USER means the ultimate user of the telecommunications services.
2.4 END USER CUSTOMER LOCATION means the physical location of the premises where an end user makes use of the telecommunications services.
2.5 NEW SERVICES means functions, features or capabilities that are not currently offered by BellSouth. This includes packaging of existing services or combining a new function, feature or capability with an existing service.
2.6 OTHER/COMPETITIVE LOCAL EXCHANGE COMPANY (OLEC/CLEC) means an entity certificated by the public service commissions of BellSouth’s franchised area to provide local exchange service within BellSouth's franchised area.
2.7 RESALE means an activity wherein a certificated CLEC, such as Sprint purchases for resale at wholesale rates any telecommunications service that BellSouth provides at retail to subscribers who are not telecommunications carriers.
2.8 RESALE SERVICE AREA means the area, as defined in a public service commission approved certificate of operation, within which a CLEC, such as Sprint, may offer resold local exchange telecommunications service.
3. General Provisions
3.1 At the request of Sprint, and pursuant to the requirements of the Act, and FCC and Commission Rules and Regulations, BellSouth shall make available to Sprint for resale all Telecommunications Services that BellSouth currently provides or may provide hereafter at retail to subscribers who are not telecommunications carriers. Notwithstanding the foregoing, the exclusions and limitations on services available for resale will be as set forth in Exhibit B, attached hereto and incorporated herein by this reference.
3.1.1 BellSouth agrees to make available for resale all features and functions available in connection with Telecommunications Services, including but not limited to the following:
Dial tone and ring
Capability for either dial pulse or touch tone recognition Capability to complete calls to any location
Same extended local calling area 1+ IntraLATA toll calling
PIC 1+ service
CIC dialing (101XXXX)
Same access to vertical features and functions
Call detail recording capability required for end user billing Flat and Measured Service
911, 500, 700, 800, 888, 900, 976 dialing
Repeat dial capability Multi-line hunting
PBX trunks and DID service
Stand-alone vertical services and/or vertical features (pursuant to Section 3.1.2 below)
3.1.2 Resale of Custom Calling Services.
184.108.40.206 Alabama, Georgia, Kentucky, Mississippi and South Carolina
In Alabama, Georgia, Kentucky, Mississippi and South Carolina, BellSouth will provide Custom Calling Services, vertical services and/or vertical features on a stand- alone basis, but such stand-alone services will not be subject to the wholesale discount.
220.127.116.11 Florida, Louisiana, North Carolina and Tennessee
In Florida, North Carolina and Tennessee, BellSouth shall make Custom Calling Services, vertical services, and vertical features available to Sprint at the applicable
wholesale discount for resale on a stand-alone basis (i.e. without Sprint also being required to resell the basic local dial-tone). If an end user to which BellSouth is providing the underlying dial tone (retail or resale) and has provided a Custom Calling Service on a stand-alone basis to Sprint for resale wants the Custom Calling Service in question from another reseller or BellSouth, Sprint shall relinquish its provision of this service to the end-user. Additionally, if the end user on whose line BellSouth has provided a Custom Calling Service on a stand-alone basis to Sprint for resale wants service from a CLEC and that CLEC provides service utilizing unbundled switching, then Sprint shall terminate its provision of all Custom Calling Services and other vertical features to that end user. The Parties will negotiate interim procedures to implement this provision until industry standards are available.
3.1.3 CLASS and Customer Features Requirements. Sprint may purchase the entire set of CLASS and Custom features and functions, or a subset of any one or any combination of such features, on a Customer-specific basis, without restriction on the minimum or maximum number of lines or features that may be purchased for any one level of service.
3.1.4 Voluntary Federal and State Customer Financial Assistance Programs. Local Services provided to low-income subscribers, pursuant to requirements established by the appropriate state regulatory body, include programs such as Voluntary Federal Customer Financial Assistance Program and Link-Up America (“Voluntary Federal Customer Financial Assistance Programs”). When a BellSouth Customer eligible for the Voluntary Federal Customer Financial Assistance Program or other similar state programs chooses to obtain Local Service from Sprint, BellSouth shall forward available information regarding such Customer’s eligibility to participate in such programs to Sprint, in accordance with procedures to be mutually established by the Parties and applicable state and federal law.
3.1.5 BellSouth shall provide access to E911/911 in the same manner that it is provided to BellSouth Customers. BellSouth will enable Sprint Customers to have E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). BellSouth shall provide and validate Sprint Customer information to the PSAP. BellSouth shall use its service order process to update and maintain, on the same schedule that it uses for its end users, the Sprint Customer service information in the Automatic Location Identification/Database Management System (“ALI/DMS”) used to support E911/911 services.
3.1.6 Hospitality Service. BellSouth shall provide all blocking, screening, and all other applicable functions available for hospitality lines.
3.1.7 Blocking Service. BellSouth shall provide blocking of 700, 900, 976 and any new services of this type individually or in any combination upon request, including xxxx to third party and collect calls. Blocking shall be provided on a line, trunk or individual service basis at parity with what BellSouth provides its end users.
3.1.8 BellSouth will provide Sprint with at least the capability to provide a Sprint Customer the same experience as BellSouth provides its own Customers with respect to all Local Services. The capability provided to Sprint by BellSouth shall be in accordance with standards or other measurements that are at least equal to the level that BellSouth provides itself, any affiliate, other local service providers, its end users or is required to provide by law and its own internal procedures.
3.2 BellSouth shall make available telecommunications services for resale at the rates set forth in Exhibit A to this Agreement and subject to the exclusions and limitations set forth in Exhibit B to this Agreement. Neither Party, however, waives its rights to appeal or otherwise challenge any decision regarding resale that resulted in the discount rates contained in Exhibit A or the exclusions and limitations contained in Exhibit B. Both Parties reserve the right to pursue any and all legal and/or equitable remedies, including appeals of any decisions. If such appeals or challenges result in changes in the discount rates or exclusions and limitations, the parties agree that appropriate modifications to this Agreement will be made promptly to make its terms consistent with the outcome of the appeal.
3.3 Sprint may purchase resale services from BellSouth for its own use in operating its business. The resale discount will apply to those services under the following conditions:
3.3.1 Sprint must resell services to other End Users.
3.3.2 Sprint must order services through resale interfaces, i.e., the Local Carrier Service Center (LCSC) and/or appropriate Resale Account Teams pursuant to Section 4 of the General Terms and Conditions.
3.3.3 Sprint cannot be an alternative local exchange telecommunications company for the single purpose of selling to itself.
3.4 The provision of services by BellSouth to Sprint does not constitute a joint undertaking for the furnishing of any service.
3.5 Sprint will be the customer of record for all services purchased from BellSouth. Except as specified herein, BellSouth will take orders from, xxxx and expect payment from Sprint for all services.
3.6 Sprint will be BellSouth's single point of contact for all services purchased pursuant to this Agreement. BellSouth shall have no contact with the end user with respect to such services except as expressly authorized by Sprint.
3.7 Either Party may serve an end user of the other party and neither Party shall interfere with the right of any person or entity to obtain service directly from the other Party.
3.8 For the purpose of resale of BellSouth’s telecommunications services by Sprint, number retention by the end user shall be provided in accordance with the provisions set forth in Attachment 5 of this Agreement, incorporated herein by reference.
3.9 For the purpose of the resale of BellSouth’s telecommunications services by Sprint, number reservation shall be provided for in accordance with the provisions set forth in Attachment 5, Section 1 of this Agreement, incorporated herein by reference.
3.10 Service is furnished subject to the condition that it will not be used for any unlawful purpose.
3.11 Service will be discontinued if any law enforcement agency advises that the service being used is in violation of the law.
3.12 BellSouth can refuse service when it has reasonable grounds to believe that service will be used in violation of the law. Reasonable grounds to refuse service shall be based upon the same criteria BellSouth uses to refuse service to its own end users.
3.13 BellSouth accepts no responsibility to any person for any unlawful act committed by Sprint or its end users as part of providing service to Sprint for purposes of resale or otherwise.
3.14 The characteristics and methods of operation of any circuits, facilities or equipment provided by any person or entity other than BellSouth shall not:
3.14.1 Interfere with or impair service over any facilities of BellSouth, its affiliates, or its connecting and concurring carriers involved in its service; or
3.14.2 Impair the privacy of any communications.
3.15 If Sprint becomes aware that a BellSouth resold telecommunications service is being used in a manner other than that which the service was originally intended as described in BellSouth’s retail tariffs, Sprint has the responsibility to notify BellSouth. BellSouth will only provision and maintain said service consistent with the terms and conditions of the tariff describing said service.
3.16 Facilities and/or equipment utilized by BellSouth to provide service to Sprint remain the property of BellSouth.
3.17 White page directory listings will be provided in accordance with Section 6 of the General Terms of this Agreement and with the regulations set forth in Section A6 of the General Subscriber Services Tariff and will be available for resale.
3.18 BellSouth shall provide electronic access to customer record information. Access is provided through the Local Exchange Navigation System (LENS) and the Telecommunications Access Gateway (TAG) or as mutually agreed by the Parties. Customer Record Information includes but is not limited to, customer specific
information in Customer Record Information System (XXXX) and Regional Street Address Guide (RSAG). In addition, Sprint shall provide to BellSouth access to customer record information as authorized by the end user including electronic access where available. Otherwise, Sprint shall use best efforts to provide paper copies of customer record information within two (2) business days upon request by BellSouth. The Parties agree not to view, copy, or otherwise obtain access to the customer record information of any customer without that customer's permission, and further agree that Sprint and BellSouth will obtain access to customer record information only in strict compliance with applicable laws, rules, or regulations of the State in which the service is provided.
3.19 Charges for use of Operational Support Systems (OSS) shall be as ordered by appropriate state regulatory authorities or as mutually agreed by the Parties as set forth in Exhibit A of this Attachment.
3.20 Where available to BellSouth’s end users, BellSouth shall provide the following telecommunications services at a discount to allow for voice mail services:
• Simplified Message Desk Interface - Enhanced (“SMDI-E”)
• Simplified Message Desk Interface (“SMDI”) Message Waiting Indicator (“MWI”) stutter dialtone and message waiting light feature capabilities
• Call Forward on Busy/Don’t Answer (“CF-B/DA”)
• Call Forward on Busy (“CF/B”)
• Call Forward Don’t Answer (“CF/DA”)
Further, BellSouth messaging services set forth in BellSouth’s Messaging Service Information Package shall be made available for resale without the wholesale discount.
3.21 BellSouth’s Inside Wire Maintenance Service Plans will be made available for resale at rates, terms and conditions as mutually agreed to by the Parties.
3.22 Recovery of charges associated with implementing Number Portability shall be as set forth in Section 2 of Attachment 5, incorporated herein by this reference.
3.23 Dialing Parity. BellSouth agrees that Sprint Customers will experience the same dialing parity as BellSouth’s Customers, such that, for all call types: (i) a Sprint Customer is not required to dial any greater number of digits than a BellSouth Customer; (ii) the post-dial delay (time elapsed between the last digit dialed and the first network response), call completion rate and transmission quality experienced by a Sprint Customer is at least equal in quality to that experienced by a BellSouth Customer; and (iii) the Sprint Customer may retain its local telephone number.
4. BellSouth’s Provision of Services to Sprint
4.1 Sprint agrees that its resale of BellSouth services shall be as follows:
4.1.1 No terms and conditions, including use and user restrictions, shall be applicable to the resale of BellSouth’s telecommunications services except for:
18.104.22.168 a restriction on the resale of cross-class selling; and
22.214.171.124 reasonable, non-discriminatory and narrowly tailored terms, conditions and limitations in the underlying BellSouth tariffs.
4.1.2 BellSouth reserves the right to periodically audit services purchased by Sprint to establish authenticity of use. Such audit shall not occur more than once in a calendar year. Sprint shall make available to BellSouth or BellSouth’s auditors such records and data which are reasonably necessary to establish authenticity of use. BellSouth shall bear the cost of said audit.
4.2 Resold services are subject to the same terms and conditions as are specified for such services when furnished to an individual end user of BellSouth in the appropriate section of BellSouth’s Tariffs. Specific tariff features (e.g. a usage allowance per month), shall not be aggregated across multiple resold services.
4.3 Support Functions
4.3.1 Routing to Directory Assistance, Operator and Repair Services
126.96.36.199 BellSouth shall make available to Sprint the ability to route:
188.8.131.52.1 Local Directory Assistance calls (411, (NPA) 555-1212) dialed by Sprint Customers directly to the Sprint Directory Assistance Services platform. Local Operator Services calls (0+, 0-) dialed by Sprint Customers directly to the Sprint Local Operator Services Platform. Such traffic shall be routed over trunk groups between BellSouth end offices and the Sprint Local Operator Services Platform, using standard Operator Services dialing protocols of 0+ or 0-.
184.108.40.206.2 611 repair calls dialed by Sprint Customers directly to the Sprint repair center.
220.127.116.11 Until a permanent industry solution exists for routing of traffic from BellSouth’s local switches to other than BellSouth platforms, BellSouth will provide such routing using line class codes or other methods technically feasible and nondiscriminatory as agreed to by the parties. If a switch meets or exceeds 95% capacity of the available line class codes for that particular switch, BellSouth will meet with Sprint and other CLECs requesting line class codes to mutually agree upon acceptable alternatives, if any. BellSouth and Sprint shall continue to work with the appropriate industry groups to develop a long-term solution for selective routing.
18.104.22.168 All direct routing capabilities described herein shall permit Sprint Customers to dial the same telephone numbers for Sprint Directory Assistance, Local Operator Service and Repair that similarly situated BellSouth Customers dial for reaching equivalent BellSouth services.
22.214.171.124.1 BellSouth branding is the default service level.
126.96.36.199.2 Unbranding, custom branding, and self branding require Sprint to order selective routing for each originating BellSouth end office identified by Sprint. Rates for selective routing are set forth in Attachment 2 of this Agreement, incorporated herein by this reference.
188.8.131.52.3 Custom branding and self branding require Sprint to order dedicated trunking from each BellSouth end office identified by Sprint, to either the BellSouth Traffic Operator Position System (“TOPS”) or Sprint operator service provider.
In Kentucky, the rates for trunks are set forth in this Agreement.
184.108.40.206.3.2 Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee
In Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee, the rates for trunks are set forth in applicable BellSouth tariffs.
220.127.116.11.4 Unbranding – Unbranding directory assistance and/or operator call processing calls ride common trunk groups provisioned by BellSouth from those end offices identified by Sprint to the BellSouth TOPS. These calls are routed to “no announcement”.
18.104.22.168 BellSouth shall provide to Sprint, the emergency public agency (e.g., police, fire, ambulance) telephone numbers linked to each NPA-NXX. Such data will be compiled as an electronic flat file in a mutually agreed format and transmitted via either diskette or Network Data Mover. BellSouth will transmit to Sprint, in a timely manner, all
changes, alterations, modifications and updates to such data base via the same method as the initial transfer.
4.3.2 Operator Services – Interim Measures
22.214.171.124 Where BellSouth is the provider of Directory Assistance service, BellSouth agrees to provide Sprint Customers with the same Directory Assistance available to BellSouth Customers. If requested by Sprint, BellSouth will provide Sprint Directory Assistance Service under the Sprint brand. At such time BellSouth implements branding for its own Directory Assistance service BellSouth shall brand Sprint Directory Assistance in the same manner as it provides itself.
126.96.36.199.1 Sprint recognizes that BellSouth’s providing to Sprint Directory Assistance Service under Sprint’s brand may require additional costs to be incurred by BellSouth. BellSouth will charge Sprint for such branded Directory Assistance capability under the wholesale rate plus the reasonable and demonstrable costs necessary to implement Sprint’s branding request. If there is a dispute concerning reasonable and demonstrable cost, such dispute will be resolved pursuant to Section 14 of the General Terms and Conditions of this Agreement.
188.8.131.52 Additionally, BellSouth warrants that such service will provide the following minimum capabilities to Sprint’s Customers:
184.108.40.206.1 Two Customer listings and/or addresses, if requested, per Sprint Customer call.
220.127.116.11.2 Name and address to Sprint Customers upon request, except for unlisted numbers, in the same states where such information is provided to BellSouth Customers.
18.104.22.168.3 Upon request, call completion to the requested number for local and intraLATA toll calls, where this service is available.
22.214.171.124.4 Populate the listing database in the same manner and in the same time frame as if the Customer was a BellSouth Customer.
126.96.36.199.5 Any information provided by a Directory Assistance Automatic Response Unit (ARU) will be repeated the same number of times for Sprint Customers as for BellSouth’s Customers.
188.8.131.52.6 Service levels will comply with applicable state regulatory requirements for:
(a) number of rings to answer
(b) average work time
(c) disaster recovery options
184.108.40.206.7 Intercept service for Customers moving service will include:
(a) referral to new number, either 7 or 10 digits
(b) repeat of the new number twice on the referral announcement
(c) repeat of the new recording twice
220.127.116.11 BellSouth shall provide Operator Services to Sprint’s Customers at the same level of service available to BellSouth end users.
18.104.22.168 BellSouth agrees to provide Sprint Customers the same Operator Services available to BellSouth Customers. If requested, BellSouth will provide Sprint operator services branded as a Sprint call.
22.214.171.124 Additionally, BellSouth warrants that such service will provide the following minimum capabilities to Sprint Customers:
126.96.36.199.1 Instant credit on calls, as provided to BellSouth Customers.
188.8.131.52.2 Routing of calls to Sprint when requested via existing Operator Transfer Service (OTS).
184.108.40.206.3 Busy Line Verification/Emergency Line Interrupt (BLV/XXX) services, as provided to BellSouth customers.
220.127.116.11.4 Emergency call handling.
18.104.22.168.5 Notification of the length of call.
22.214.171.124.6 Caller assistance for the disabled in the same manner as provided to BellSouth Customers.
126.96.36.199.7 Handling of collect calls: person to person and/or station to station.
188.8.131.52.8 Handling of third party calls.
4.3.3 Busy Line Verification and Emergency Line Interrupt.
Where BellSouth does not route Operator Services traffic to Sprint’s platform, BellSouth shall perfrom Busy Line Verification and Emergency Line Interrupt for Sprint on resold BellSouth lines. Where BellSouth routes Operator Services traffic to Sprint’s platform, BellSouth shall provide BLV/XXX services when requested by Sprint Operators. Sprint and BellSouth shall work together to ensure that sufficient facilities exist to support increased BLV/XXX volume due to Sprint’s presence as a Local Service provider. Specifically, BellSouth will engineer its BLV/XXX facilities to accommodate the anticipated volume of BLV/XXX requests during the Busy Hour.
Sprint may, from time to time, provide its anticipated volume of BLV/XXX requests to BellSouth for planning purposes. In those instances when the BLV/XXX
facilities/systems cannot satisfy forecasted volumes, BellSouth shall promptly inform Sprint, and the Parties shall work together to resolve capacity problems expediently.
5. Maintenance of Services
5.1 Within 90 days of execution of this Agreement, Sprint and BellSouth will mutually develop standards regarding maintenance and installation of service and will document such standards in a Work Center Operational Understanding Agreement.
5.2 Services resold under BellSouth’s Tariffs and facilities and equipment provided by BellSouth shall be maintained by BellSouth.
5.3 Sprint or its end users may not rearrange, move, disconnect, remove or attempt to repair any facilities owned by BellSouth, other than by connection or disconnection to any interface means used, except with the written consent of BellSouth.
5.4 The Parties shall notify each other of situations that arise that may result in a service problem.
5.5 Sprint will be BellSouth's single point of contact for all repair calls on behalf of Sprint’s end users. The parties agree to provide one another with toll-free contact numbers for such purposes.
5.6 Sprint will contact the appropriate repair centers in accordance with procedures as mutually agreed by the Parties in the Work Center Operational Understanding Agreement.
5.7 For all repair requests, Sprint will utilize prescreening guidelines prior to referring the trouble to BellSouth.
5.8 BellSouth will xxxx Sprint for handling troubles that are found not to be in BellSouth's network pursuant to its standard time and material charges. The standard time and material charges will be no more than what BellSouth charges to its retail customers for the same services and will be assessed based on the same criteria BellSouth uses to charge its own retail customers.
5.9 BellSouth may contact Sprint end users only as expressly authorized by Sprint, for maintenance purposes.
6. Establishment of Service
6.1 After receiving certification as a local exchange company from the appropriate regulatory agency, Sprint will provide the appropriate BellSouth service center the necessary documentation to enable BellSouth to establish a master account for resold services. Such documentation shall include the Application for Master Account, proof of authority to provide telecommunications services, an Operating Company Number ("OCN") assigned by the National Exchange Carriers Association ("NECA") and a tax
exemption certificate, if applicable. When necessary deposit requirements are met, BellSouth will begin taking orders for the resale of service. The Parties acknowledge that Sprint has already met these requirements.
6.2 Service orders will be in a standard format designated by BellSouth.
6.3 When notification is received from Sprint that a current end user of BellSouth will subscribe to Sprint’s service, standard service order intervals equivalent to the intervals employed by BellSouth in serving its own retail customers for the appropriate class of service will apply.
6.4 BellSouth will not require end user confirmation, under any circumstances, prior to establishing service for Sprint’s end user customer. Sprint must, however, be able to demonstrate end user authorization upon request.
6.5 Sprint will be the single point of contact with BellSouth for all subsequent ordering activity resulting in additions or changes to resold services except that BellSouth will accept a request directly from the end user for conversion of the end user's service from Sprint to BellSouth or will accept a request from another CLEC for conversion of the end user's service from Sprint to the other LEC. BellSouth will notify Sprint that such a request has been processed.
6.6 If BellSouth determines that an unauthorized change in local service to Sprint has occurred, BellSouth will reestablish service with the appropriate local service provider and will assess Sprint as the CLEC initiating the unauthorized change, the unauthorized change charge described in F.C.C. Tariff No. 1, Section 13 or applicable state tariff. Appropriate nonrecurring charges, as set forth in Section A4 of the General Subscriber Service Tariff, will also be assessed to Sprint. These charges can be adjusted if Sprint provides satisfactory proof of authorization.
7. Payment And Billing Arrangements
7.1 Payment and billing arrangements are subject to the provisions of Attachment 7 – Billing and Billing Accuracy Certification of this Agreement incorporated herein by this reference.
8. Discontinuance of Service
8.1 The procedures for discontinuing service to an end user are as follows:
8.1.1 Where possible, BellSouth will deny service to Sprint's end user on behalf of, and at the request of, Sprint. Upon restoration of the end user's service, restoral charges will apply and will be the responsibility of Sprint.
8.1.2 At the request of Sprint, BellSouth will disconnect a Sprint end user customer using the same time intervals that it uses for its own retail customers.
8.1.3 All requests by Sprint for denial or disconnection of an end user for nonpayment must be in writing or electronic communication.
8.1.4 Sprint is solely responsible for notifying its end user of the proposed disconnection of the service.
8.1.5 BellSouth will continue to process calls made to the Annoyance Call Center and will advise Sprint when it is determined that annoyance calls are originated from one of their end user's locations. BellSouth shall be indemnified, defended and held harmless by Sprint and/or the end user against any claim, loss or damage arising from providing this information to Sprint. It is the responsibility of Sprint to take the corrective action necessary with its end users who make annoying calls, up to and including disconnection of service.
8.1.6 BellSouth may disconnect and reuse facilities when the facility is in a denied state and BellSouth has received an order to establish new service or transfer of service from an end user or an end user’s CLEC at the same address served by the denied facility.
8.2 The procedures for discontinuing service to Sprint are as follows:
8.2.1 BellSouth reserves the right to suspend or terminate service for nonpayment or in the event of prohibited, unlawful or improper use of the facilities or service, abuse of the facilities, or any other violation or noncompliance by Sprint of the rules and regulations of BellSouth’s Tariffs, provided that Sprint receives reasonable notice of such suspension or termination and has had reasonable opportunity to remedy such violation or non-compliance.
8.2.2 If payment of account is not received by the xxxx xxx in the month after the original xxxx xxx, BellSouth, upon written notice, may refuse additional applications for service. In addition, any pending orders for service will not be completed if payment is not received by the fifteenth day following the date of the notice. BellSouth may, at the same time, give thirty days notice to the person designated by Sprint to receive notices of noncompliance, and discontinue the provision of existing services to Sprint at any
8.2.3 In the case of such discontinuance, all billed charges, as well as applicable termination charges, shall become due.
8.2.4 If BellSouth does not discontinue the provision of the services involved on the date specified in the thirty days notice and Sprint's noncompliance continues, nothing contained herein shall preclude BellSouth’s right to discontinue the provision of the services to Sprint without further notice.
8.2.5 If payment is not received or arrangements made for payment by the date given in the written notification, Sprint's services will be discontinued. Upon discontinuance of service on Sprint's account, service to Sprint's end users will be denied. BellSouth will also reestablish service at the request of the end user or Sprint upon payment of the
appropriate connection fee and subject to BellSouth's normal application procedures. Sprint is solely responsible for notifying the end user of the proposed disconnection of the service.
8.2.6 If within fifteen days after an end user's service has been denied no contact has been made in reference to restoring service, the end user's service will be disconnected.
9. Line Information Database (LIDB)
9.1 BellSouth will store in its Line Information Database (LIDB) records relating to service only in the BellSouth region. The LIDB Storage Agreement is included in this Attachment as Exhibit C.
9.2 BellSouth will provide LIDB Storage upon written request to the Sprint Account Manager stating the requested activation date.
10. Optional Daily Usage File (ODUF)
10.1 The Optional Daily Usage File (ODUF) Agreement with terms and conditions is included in Attachment 7, Section 9 of this Agreement. Rates for ODUF are as set forth in Exhibit A of Attachment 7.
10.2 BellSouth will provide Optional Daily Usage File (ODUF) service upon written request to the BellSouth Account Manager stating the requested activation date.
11. Enhanced Optional Daily Usage File (EODUF)
11.1 The Enhanced Optional Daily Usage File (EODUF) service Agreement with terms and conditions is included in Attachment 7, Section 11 of this Agreement. Rates for EODUF are as set forth in Exhibit A of Attachment 7.
11.2 BellSouth will provide Enhanced Optional Daily Usage File (EODUF) service upon written request to the BellSouth Account Manager stating the requested activation date.
Page 1 Exhibit A
* Unless noted in this row, the discount for Business will be the applicable discount rate for CSAs.
Version 2Q02: 05/31/02
60 of 800
BellSouth has developed and made available the following mechanized systems by which Sprint may submit LSRs electronically.
LENS Local Exchange Navigation System EDI Electronic Data Interface
TAG Telecommunications Access Gateway
LSRs submitted by means of one of these interactive interfaces will incur an OSS electronic ordering charge as specified in Attachment 6 of this Agreement incorporated herein by this reference.
ON SERVICES AVAILABLE FOR RESALE
Exhibit B Page 1 of 2
Type of Service
Grandfathered Services (Note
Promotions - > 90 Days(Note
Promotions - < 90 Days (Note
Lifeline/Link Up Services
AdWatchSM Svc (See Note 6)
Federal Subscriber Line
End User Line Charge – Number Portability
Public Telephone Access
Type of Service
Grandfathered Services (Note
Promotions - > 90 Days(Note
Promotions - < 90 Days (Note
Lifeline/Link Up Services
AdWatchSM Svc (See Note 6)
Federal Subscriber Line
End User Line Charge – Number Portability Public Telephone Access
Exhibit B Page 2 of 2
1. Grandfathered services can be resold only to existing subscribers of the grandfathered service.
2. Where available for resale, promotions will be made available only to end users who would have qualified for the promotion had it been provided by BellSouth directly.
3. In Tennessee, long-term promotions (offered for more than ninety (90) days) may be obtained at one of the following rates:
(a) the stated tariff rate, less the wholesale discount;
(b) the promotional rate (the promotional rate offered by BellSouth will not be discounted further by the wholesale discount rate)
4. Lifeline/Link Up services may be offered only to those subscribers who meet the criteria that BellSouth currently applies to subscribers of these services as set forth in Sections A3 and A4 of the BellSouth General Subscriber Services Tariff.
5. Some of BellSouth's local exchange and toll telecommunications services are not available in certain central offices and areas.
6. AdWatchSM Service is tariffed as BellSouth® AIN Virtual Number Call Detail Service.
LINE INFORMATION DATA BASE (LIDB) STORAGE AGREEMENT
A. This Agreement sets forth the terms and conditions pursuant to which BellSouth agrees to store in its LIDB certain information at the request of Sprint and pursuant to which BellSouth, its LIDB customers and Sprint shall have access to such information. Sprint understands that BellSouth provides access to information in its LIDB to various telecommunications service providers pursuant to applicable tariffs and agrees that information stored at the request of Sprint, pursuant to this Agreement, shall be available to those telecommunications service providers. The terms and conditions contained in the attached Addendum(s) are hereby made a part of this Agreement as if fully incorporated herein.
B. LIDB is accessed for the following purposes:
1. Billed Number Screening
2. Calling Card Validation
3. Fraud Control
C. BellSouth will provide seven days per week, 24-hours per day, fraud monitoring on Calling Cards, xxxx-to-third party and collect calls made to numbers in BellSouth’s LIDB, provided that such information is included in the LIDB query. BellSouth will establish fraud alert thresholds and will notify Sprint of fraud alerts so that Sprint may take action it deems appropriate. Sprint understands and agrees BellSouth will administer all data stored in the LIDB, including the data provided by Sprint pursuant to this Agreement, in the same manner as BellSouth’s data for BellSouth’s end user customers. BellSouth shall not be responsible to Sprint for any lost revenue which may result from BellSouth’s administration of the LIDB pursuant to its established practices and procedures as they exist and as they may be changed by BellSouth in its sole discretion from time to time.
Sprint understands that BellSouth currently has in effect numerous billing and collection agreements with various interexchange carriers and billing clearing houses. Sprint further understands that these billing and collection customers of BellSouth query BellSouth’s LIDB to determine whether to accept various billing options from end users. Additionally, Sprint understands that presently BellSouth has no method to differentiate between BellSouth’s own billing and line data in the LIDB and such data which it includes in the LIDB on Sprint’s behalf pursuant to this Agreement.
Therefore, until such time as BellSouth can and does implement in its LIDB and its supporting systems the means to differentiate Sprint’s data from BellSouth’s data and the Parties to this Agreement execute appropriate amendments hereto, the following terms and conditions shall apply:
(a) Sprint agrees that it will accept responsibility for telecommunications services billed by BellSouth for its billing and collection customers for Sprint’s end user accounts which are resident in LIDB pursuant to this Agreement. Sprint authorizes BellSouth to place such charges on Sprint’s xxxx from BellSouth and agrees that it shall pay all such charges. Charges for which Sprint hereby takes responsibility include, but are not limited to, collect and third number calls.
(b) Charges for such services shall appear on a separate BellSouth xxxx xxxx identified with the name of the entity for which BellSouth is billing the charge.
(c) Sprint shall have the responsibility to render a billing statement to its end users for these charges, but Sprint’s obligation to pay BellSouth for the charges billed shall be independent of whether Sprint is able or not to collect from Sprint’s end users.
(d) BellSouth shall not become involved in any disputes between Sprint and the entities for which BellSouth performs billing and collection. BellSouth will not issue adjustments for charges billed on behalf of an entity to Sprint. It shall be the responsibility of Sprint and the other entity to negotiate and arrange for any appropriate adjustments.
This Agreement will be effective as of , and will continue in effect for one year, and thereafter may be continued until terminated by either Party upon thirty
(30) days written notice to the other Party.
III. FEES FOR SERVICE AND TAXES
A. Sprint will not be charged a fee for storage services provided by BellSouth to Sprint, as described in Section I of this Agreement.
B. Sales, use and all other taxes (excluding taxes on BellSouth’s income) determined by BellSouth or any taxing authority to be due to any federal, state or local taxing jurisdiction with respect to the provision of the service set forth herein will be paid by Sprint. Sprint shall have the right to have BellSouth contest with the imposing jurisdiction, at Sprint’s expense, any such taxes that Sprint deems are improperly levied.
To the extent not prohibited by law, each Party will indemnify the other and hold the other harmless as provided in Section 9 of the General Terms and Conditions of this Agreement.
V. LIMITATION OF LIABILITY
The Parties will be governed by the Limitation of Liability provisions in the General Terms and Conditions of this Agreement.
A. It is understood and agreed to by the Parties that BellSouth may provide similar services to other companies.
G. The Parties agree that the interpretation of this Agreement with regard to matters relating to Confidentiality and Publicity, Survival, Force Majeure and Governing Law shall be as provided in the General Terms and Conditions of this Agreement.
TO LINE INFORMATION DATA BASE (LIDB) STORAGE AGREEMENT
This is a Resale Addendum to the Line Information Data Base Storage Agreement dated
, between BellSouth Telecommunications, Inc. (“BellSouth”), and Sprint (“Sprint”), effective the day of , .
This Addendum sets forth the terms and conditions for Sprint’s provision of billing number information to BellSouth for inclusion in BellSouth’s LIDB. BellSouth will store in its LIDB the billing number information provided by Sprint, and BellSouth will provide responses to on-line, call-by-call queries to this information for purposes specified in Section I.B. of the Agreement.
A. Billing number - a number used by BellSouth for the purpose of identifying an account liable for charges. This number may be a line or a special billing number.
B. Line number - a ten digit number assigned by BellSouth that identifies a telephone line associated with a resold local exchange service, or with a Local Number Portability arrangement.
B. Special billing number - a ten digit number that identifies a billing account established by BellSouth in connection with a resold local exchange service or with a SPNP arrangement.
D. Calling Card number - a billing number plus PIN number assigned by BellSouth.
E. PIN number - a four digit security code assigned by BellSouth which is added to a billing number to compose a fourteen digit calling card number.
F. Toll billing exception indicator - associated with a billing number to indicate that it is considered invalid for billing of collect calls or third number calls or both, by the Sprint.
F. Billed Number Screening - refers to the activity of determining whether a toll billing exception indicator is present for a particular billing number.
H. Calling Card Validation - refers to the activity of determining whether a particular calling card number exists as stated or otherwise provided by a caller.
J. Billing number information - information about billing number or Calling Card number as assigned by BellSouth and toll billing exception indicator provided to BellSouth by Sprint.
III. RESPONSIBILITIES OF PARTIES
A. BellSouth will include billing number information associated with resold exchange lines or Local Number Portability arrangements in its LIDB. Sprint will request any toll billing exceptions via the Local Service Request (LSR) form used to order resold exchange lines, or the SPNP service request form used to order SPNP arrangements.
B. Under normal operating conditions, BellSouth shall include the billing number information in its LIDB upon completion of the service order establishing either the resold local exchange service or the SPNP arrangement, provided that BellSouth shall not be held responsible for any delay or failure in performance to the extent such delay or failure is caused by circumstances or conditions beyond BellSouth’s reasonable control. BellSouth will store in its LIDB an unlimited volume of the working telephone numbers associated with either the resold local exchange lines or the SPNP arrangements. For resold local exchange lines or for SPNP arrangements, BellSouth will issue line-based calling cards only in the name of Sprint. BellSouth will not issue line-based calling cards in the name of Sprint’s individual end users. In the event that Sprint wants to include calling card numbers assigned by Sprint in the BellSouth LIDB, a separate agreement is required.
C. BellSouth will provide responses to on-line, call-by-call queries to the stored information for the specific purposes listed in the next paragraph.
D. BellSouth is authorized to use the billing number information to perform the following functions for authorized users on an on-line basis:
1. Validate a 14 digit Calling Card number where the first 10 digits are a line number or special billing number assigned by BellSouth, and where the last four digits (PIN) are a security code assigned by BellSouth.
2. Determine whether Sprint has identified the billing number as one which should not be billed for collect or third number calls, or both.
Network Elements and Other Services
TABLE OF CONTENTS
1. INTRODUCTION 3
2. UNBUNDLED LOOPS 4
3. INTEGRATED DIGITAL LOOP CARRIERS 16
4. NETWORK INTERFACE DEVICE 16
5. LOOP TERMINATION 18
6. UNBUNDLED LOOP CONCENTRATION (ULC) SYSTEM 18
7. SUB-LOOP ELEMENTS 18
8. HIGH FREQUENCY SPECTRUM NETWORK ELEMENT 22
9. SWITCHING 28
10. TRANSPORT 34
11. TANDEM SWITCHING 40
12. PACKET SWITCHING 43
13. ENHANCED EXTENDED LINK (EEL) 44
14. PORT/LOOP COMBINATIONS 48
15. OPERATOR SYSTEMS. 50
16. SIGNALING 56
17. SIGNALING TRANSFER POINTS (STPS) 57
18. SERVICE CONTROL POINTS/DATABASES 61
19. DARK FIBER 68
20. SS7 NETWORK INTERCONNECTION 69
21. BASIC 911 AND E911 73
22. RATES 74
EXHIBIT A - LIDB STORAGE AGREEMENT 79
EXHIBIT B – CNAM DATABASE SERVICES 86
EXHIBIT C – RATES 89
ACCESS TO NETWORK ELEMENTS AND OTHER SERVICES
This Attachment 2 is subject to the General Terms and Conditions of this Agreement.
1.1 The Parties will implement the requirements of the Third Report and Order, CC Docket No. 96-98, Released November 5, 1999 (UNE Remand) in accordance with the effective dates set forth therein and all subsequent FCC, Commission or court orders.
Network Element is defined to mean a facility or equipment used in the provision of a telecommunications service. Such term may include, but is not limited to, features, functions, and capabilities that are provided by means of such facility or equipment, including but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.
BellSouth offers non-discriminatory access to the Network Elements, unbundled loops; network interface device; sub-loop elements; local switching; transport; tandem switching; operator systems; signaling; access to call-related databases; dark fiber and high frequency spectrum of the loop as set forth in this Attachment.
1.2 BellSouth shall, upon request of Sprint, and to the extent technically feasible, provide to Sprint access to its network elements for the provision of Sprint’s telecommunications service. The quality of a Network Element, as well as the quality of the access to such Network Element provided by BellSouth to Sprint shall be at least equal in quality to that which BellSouth provides to itself or its affiliates or such access as would offer an efficient carrier a meaningful opportunity to compete. If no rate is identified in the contract, the rate for the specific service or function will be as negotiated by the Parties.
1.3 Sprint may purchase network elements and other services from BellSouth for the purpose of combining such network elements in any manner Sprint chooses to provide telecommunication services to its intended users, including recreating existing BellSouth services. BellSouth shall deliver the network elements purchased by Sprint for combining to the designated Sprint collocation space or other technically feasible point of access for the type of UNE requested. The network elements shall be provided as set forth in this Attachment.
1.4 Except upon request by Sprint, BellSouth shall not separate, disconnect or disrupt the functionalities of requested network elements that BellSouth currently combines. QuickServ lines shall be considered Currently Combined for the purposes of this Agreement.
1.4.1 Georgia, Kentucky, Louisiana, Mississippi, South Carolina and Tennessee
For the purposes of this Agreement in these states, the term Currently Combines means ordinarily combined within the BellSouth network, in the manner which they are typically combined. Thus, in these states, Sprint can order combinations of typically combined elements, even if the particular elements being ordered are not actually physically connected at the time the order is placed.
1.4.2 Alabama, Florida and North Carolina
For purposes of this Agreement in Alabama, Florida, and North Carolina, the term “Currently Combines” means that network elements are in fact already combined by BellSouth in the BellSouth network to provide service to a particular end user at a particular location.
1.5 BellSouth shall comply with the requirements as set forth in the technical references within Attachment 2 to the extent that they are consistent with the greater of BellSouth’s actual performance or applicable industry standards. BellSouth represents that BellSouth's technical publications referenced in this amendment conform with national standards (i.e. ANSI) where they exist, and shall be modified in the future to conform with new or modified national standards and final FCC Orders; provided, however, in instances where multiple conflicting national standards exist, BellSouth shall adopt the standard(s) most compatible with its network; provided, however, BellSouth will make Sprint aware of such conflict(s), and, if Sprint requests, fully document the conflict, and provide Sprint with the rational for adopting the particular standard including why it is most compatible with BellSouth’s network.
1.6 Upon the effective date of any legislative, regulatory, judicial or other legal action that modifies or redefines the “Network Elements” in a manner which materially affects the terms of this Attachment or the Network Elements and/or prices set forth herein, either Party may, on thirty (30) days written notice, require renegotiation of such terms, and the Parties shall renegotiate in good faith such new terms in accordance with such legislative, regulatory, judicial or other legal action. In the event such new terms are not renegotiated within ninety (90) days after the notice for renegotiation, either Party may petition the Commission for resolution of the dispute between the Parties. Each Party reserves the right to seek judicial review of any Commission ruling concerning this Attachment.
1.7 Sprint will adopt and adhere to the appropriate ANSI standards regarding maintenance and installation of service.
2. Unbundled Loops
2.1 BellSouth agrees to offer access to unbundled loops pursuant to the following terms and conditions and at the rates set forth in this Attachment.
2.2.1 The unbundled loop is the physical medium or functional path which Sprint is granted exclusive use, is a transmission path between the main distribution frame, or its equivalent, in a BellSouth Central Office, or remote wire center and up to the loop demarcation point at an end user customer premise, including customer premises wire owned by BellSouth. Each unbundled loop will be provisioned with a NID or other appropriate demarcation device. Loop types include, but are not limited to, dark fiber and other loop types as set forth in section 2.3 of this attachment.
2.2.2 With the exception of Digital Subscriber Line Access Multiplexers (DSLAMs), the loop includes attached electronics, including multiplexing equipment used to derive the loop transmission capacity.
2.2.3 In defining a loop, BellSouth is obliged to provide a loop capable of supporting a variety of services (e.g., a continuous copper facility, free of load coils with bridged taps conditioned for advanced services), when requested by Sprint. When such facilities are not available as a result of (a) a lack of BellSouth facilities; (b) the presence of incompatible intervening electronics; or (c) due to other constraints, including but not limited to the inadequate electrical characteristics of the loop, then BellSouth will provide the following options:
1. Special Construction process may be used to place new facilities as requested by Sprint,
2. Sprint may use BellSouth’s Unbundled Loop Modifications (ULM) offering to condition the loop by removing intervening equipment and/or load coils,
3. Sprint may obtain access to the sub-loop component that serves the intended end user.
2.2.4 Unbundled Loop Modifications (ULM)
184.108.40.206 Subject to applicable and effective FCC rules and orders, BellSouth shall condition loops, as requested by Sprint, whether or not BellSouth offers advanced services
to the End User on that loop.
220.127.116.11 ULM is defined as the removal from the loop of any devices that may diminish the capability of the loop to deliver high-speed switched wireline telecommunications capability, including xDSL service. Such devices include, but are not limited to, bridge taps, low pass filters, and range extenders.
18.104.22.168 BellSouth shall recover the cost of line conditioning requested by Sprint through a recurring charge and/or nonrecurring charge(s) in accordance with the FCC’s forward-looking pricing principles promulgated pursuant to section 252 (d) (1) of
the Act and in compliance with FCC Rule 52.507 (e). Until such time as charges for loop conditioning have been approved by the Commission, Sprint shall pay to BellSouth interim cost-based charges established by BellSouth, such charges to be subject to true up in accordance with Section 22.3 of this Attachment.
2.2.5 Loop Qualification
22.214.171.124 The pre-ordering function includes non-discriminatory access to the same detailed information about the loop that is available to BellSouth. Loop qualification information identifies the physical attributes of the loop plant (such as loop length, the presence of analog load coils and bridge taps, and the presence and type of Digital Loop Carrier) that enable carriers to determine whether the loop is capable of supporting xDSL and other advanced technologies.
126.96.36.199 As part of the loop qualification process, BellSouth will provide, to the extent such information exists, the following to Sprint:
188.8.131.52.1 the composition of the loop material, including, but not limited to fiber optics, copper;
184.108.40.206.2 the existence, location and type of any electronic or other equipment on the loop, including but not limited to, digital loop carrier or other remote concentration devices, feeder/distribution interfaces, bridge taps, load coils, pair-gain devices, disturbers in the same or adjacent binder groups;
220.127.116.11.3 the loop length, including the length and location of each type of transmission media;
18.104.22.168.4 the wire gauge(s) of the loop; and
22.214.171.124.5 the electrical parameters of the loop, which may determine the suitability of the loop for various technologies.
2.2.6 Service Inquiry – Manual Loop Qualification
126.96.36.199 BellSouth’s Service Inquiry (SI) process is a manual loop qualification process for use in connection with provisioning xDSL Digital Loops. The current SI process involves sending an SI form and the Local Service Request (LSR) to the Complex Resale Service Group (CRSG) which directs BellSouth to look for a specific xDSL loop type at a particular address. Once BellSouth determines whether or not facilities exist for that type of loop at the requested address, the response will be sent back to Sprint.
188.8.131.52 If the requested xDSL capable facilities are available, the LSR will be processed and the loop will be provisioned and the associated loop makeup data will be
provided. If the requested xDSL capable facilities are not available, Sprint will be notified promptly of the reasons such loop types are not available.
184.108.40.206 If that loop type can be made available through the removal of equipment and/or bridge tap, Sprint may use BellSouth’s Unbundled Loop Modification (ULM) product to condition the loop to Sprint’s specifications. BellSouth will only ensure electrical continuity and balance to tip and ring on circuits modified beyond the appropriate standards for that loop type.
220.127.116.11 Currently, the cost of the SI is included in the NRC for the loop itself. In the future, if BellSouth develops a separate charge for the SI, the NRC for the loop will be reduced by an equivalent amount.
18.104.22.168 BellSouth will use its best efforts to perform the SI Manual Loop Qualification Process within 3 to 5 business days.
2.2.7 Preordering Loop Makeup (LMU)
22.214.171.124 Description of Service
126.96.36.199.1 BellSouth shall make available to Sprint loop makeup (LMU) information so that Sprint can make an independent judgment about whether the loop is capable of supporting the advanced services equipment Sprint intends to install and the services Sprint wishes to provide. This section addresses LMU as a preordering transaction, distinct from Sprint ordering any other service(s). Loop Makeup Service Inquiries (LMUSI) for preordering loop makeup are likewise unique from other preordering functions with associated service inquiries (SI) as described in this Agreement.
188.8.131.52.2 BellSouth will provide Sprint with loop makeup information consisting of the composition of the loop material (copper/fiber); the existence, location and type of equipment on the loop, including but not limited to digital loop carrier or other remote concentration devises, feeder/distribution interfaces, bridge taps, load coils, pair-gain devices; the loop length; the wire gauge and electrical parameters.
184.108.40.206.3 BellSouth’s LMU information is provided to Sprint as it exists either in BellSouth's databases or in its hard copy facility records. BellSouth does not guarantee accuracy or reliability of the LMU information provided.
220.127.116.11.4 Sprint may choose to use equipment that it deems will enable it to provide a certain type and level of service over a particular BellSouth loop. The determination shall be made solely by Sprint and BellSouth shallnot be liable in any way for the performance of the advanced data services provisioned over said loop. The specific loop type (ADSL, HDSL, or otherwise) ordered on the LSR must match the LMU of the loop requested taking into consideration any requisite line conditioning. The LMU data is provided for informational purposes only and does not guarantee Sprint’s ability to provide advanced data services over the ordered
loop type. Further, if Sprint orders loops that are not intended to support advanced services (such as UV-SL1, UV-SL2, or ISDN compatible loops) and that are not inventoried as advanced services loops, the LMU information for such loops is subject to change at any time due to modifications and/or upgrades to BellSouth’s network. Sprint is fully responsible for any of its service configurations that may differ from BellSouth's technical standard for the loop type ordered.
18.104.22.168 Submitting Loop Makeup Service Inquiries
22.214.171.124.1 Sprint may obtain LMU information by submitting a LMUSI mechanically or manually. Mechanized LMUSIs should be submitted through BellSouth's Operational Support Systems interfaces. After obtaining the loop information from the mechanized LMUSI process, if Sprint needs further loop information in order to determine loop service capability, Sprint may initiate a separate manual LMUSI for a separate nonrecurring charge as set forth in Section 7.
126.96.36.199.2 Manual LMUSIs shall be submitted by electronic mail to BellSouth’s Complex Resale Support Group (CRSG)/Account Team utilizing the Preordering Loop Makeup Service Inquiry form. The service interval for the return of a Loop Makeup Manual Service Inquiry will be in accordance with the BellSouth Products and Services Interval Guide located on the BellSouth website or as may be ordered by a state commission. Manual LMUSIs are not subject to expedite requests. This service interval is distinct from the interval applied to the subsequent service order.
188.8.131.52 Loop Reservations
184.108.40.206.1 Sprint may reserve facilities for up to four (4) calendar days for each facility requested on a LMUSI from the time the LMU information is returned to Sprint. During and prior to Sprint placing an LSR, the reserved facilities are rendered unavailable to other customers, including BellSouth. If Sprint does not submit an LSR for a UNE service on a reserved facility within the four-day reservation timeframe, the reservation of that spare facility will become invalid and the facility will be released.
220.127.116.11.2 For a Mechanized LMUSI, Sprint may reserve up to ten loop facilities. For a Manual MNUSI, Sprint may reserve up to three loop facilities.
18.104.22.168.3 Charges for preordering LMUSI are separate from any charges associated with ordering other services from BellSouth.
22.214.171.124 Ordering of Other UNE Services
126.96.36.199.1 All LSRs issued for reserved facilities shall reference the facility reservation number as provided by BellSouth. Sprint will not be billed any additional LMU changes for the loop ordered on such LSR. If, however, Sprint does not reserve
facilities upon an initial LMUSI, Sprint’s placement of an order for an advanced data service type facility shall be deemed placed for such a facility rate element that “includes manual service inquiry and reservation” per the rate matrix of this Attachment.
188.8.131.52.2 Where Sprint has reserved multiple loop facilities on a single reservation, Sprint may not specify which facility shall be provisioned when submitting the LSR. For those occasions, BellSouth will assign to Sprint, subject to availability, a facility that meets the BellSouth technical standards of the BellSouth type loop as ordered by Sprint. If the ordered loop type is not available, Sprint may utilize the Unbundled Loop Modification process or the Special Construction process, as applicable, to obtain the loop type ordered.
2.2.8 When available and upon Sprint's request, BellSouth shall provide Sprint electronic access to its UNE loop test system. BellSouth provides Sprint test access to designed and non-designed services through Electronic Communications Trouble Administration (ECTA).
2.2.9 Whether conditioned or unconditioned, all loops will be included in any service performance measurements, as set forth in Attachment 9 of this Agreement.
2.2.10 The provisioning and installation interval for an unbundled DSL capable loop where no conditioning is requested will be in accordance with the BellSouth Products and Services Interval Guide or the same interval that is provided to other CLECs or BellSouth affiliates whichever is shorter. The provisioning and installation intervals for conditioning of unbundled DSL capable loops up to 18,000 feet will be at parity with the BellSouth 's retail analog or affiliate interval and will be determined on an individual case basis. Conditioning of an unbundled DSL capable loop in excess of 18,000 feet will have an individual case basis determined provisioning and installation interval.
2.2.11 To the extent that the provisioning of an unbundled loop to Sprint will require cross-office cabling and cross-connections within the central office to connect the loop to a local switch or to other transmission equipment in collocation space, these cross-connects are a separate element and are not considered a part of the loop.
BellSouth Order Coordination referenced in Attachment 2 includes two types: “Order Coordination” and “Order Coordination - Time Specific.”
“Order Coordination” refers to standard BellSouth service order coordination involving the reuse of facilities where Sprint is requesting that their loop order be provisioned over an existing circuit that is currently providing service to the end user. OC will be provided as a standard item on SL2 voice grade loops and all Unbundled Digital Loops (UDLs). OC will be provided as a chargeable option on SL1 voice grade loops, and all Unbundled Copper Loops. Order coordination for
physical conversions will be scheduled by mutual agreement during normal working hours on the committed due date and at parity with that which BellSouth provides itself, BellSouth's own subscribers, to a BellSouth Affiliate or its subsidiaries, or to any other entity.
“Order Coordination – Time Specific” refers to service order coordination in which Sprint requests a specific time for a service order conversion to take place. Loops on a single service order of 14 or more loops will be provisioned on a project basis. This is a chargeable option for any coordinated order and is billed in addition to the OC charge. Sprint may specify a time between 8:00 a.m. and 5:00
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 BellSouth technicians to work outside normal work hours, overtime charges will apply in addition to the OC and OC-TS charges. Any such overtime charges will be at parity with that BellSouth provides to a BellSouth Affiliate or its subsidiaries, or to any other entity. Overtime charges will be applied according to actual costs based on type of force group required to perform the work, overtime hours worked and any special circumstances.
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 & outside Central Office
Charged for Dispatch outside Central Office
Unbundled Digital Loop
Chargeable Option* (except on Universal Digital Channel)
Included (where appropriate)
Charged for Dispatch outside Central Office
Unbundled Copper Loop
Charged for Dispatch outside Central Office
*Order Coordination-Time Specific charge for orders due on same day at same location will be applied on a per LSR basis. For UVL-SL1, Sprint must order OC when requesting OC-TS.
Where facilities are available, BellSouth will install loops in accordance with the BellSouth Products and Services Interval Guide located on the BellSouth website or as may be ordered by a state commission. For orders of 14 or more loops, the
installation will be handled on a project basis and the intervals will be set by the BellSouth project manager for that order. Some loops require a Service Inquiry (SI) to determine if facilities are available prior to issuing the order. The interval for the SI process is separate from the installation interval. For expedite requests by Sprint, expedite charges will apply for intervals less than 5 days. The charges outlined in BST’s FCC # 1 Tariff, Section 5.1.1, will apply. If Sprint cancels an order for network elements and other services, any costs incurred by BellSouth in conjunction with the provisioning of that order will be recovered in accordance with the methodology described in FCC #1 Tariff, Section 5.4 and applied to the TELRIC based non-recurring charges in this agreement.
If a Sprint order for a local loop is modified by Sprint or a Sprint end-user, Sprint will compensate BellSouth for costs incurred by BellSouth for provisioning or accommodating the modification of the local loop, unless such costs are already being recovered through approved rates. Upon implementation of such charges by BellSouth, Sprint may charge BellSouth order modification charges using the same rates and conditions as BellSouth utilizes for assessing such charges to Sprint.
2.2.12 BellSouth will offer Unbundled Voice Loops (UVL) in two different service levels
- Service Level One (SL1) and Service Level Two (SL2). SL1 loops will be non- designed and will not have test points. OC will be offered as a chargeable option on SLI loops when reuse of existing facilities has been requested by Sprint. 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 chargeable option. The EI document provides loop make up information which is similar to the information normally provided in a Design Layout Record. Upon issuance of a non-coordinated order in the service order system, SL1 loops will be activated on the due date in the same manner and time frames that BellSouth normally activates POTS-type loops. If Sprint requests work to be done for SL1s that requires BellSouth technicians to work outside normal work hours, overtime charges will be applied according to actual costs based on type of force group required to perform the work, overtime hours worked and any special circumstances.
SL2 loops shall have test points, will be designed with a Design Layout Record provided to Sprint, and will be provided with Order Coordination. 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, BellSouth will perform the order conversion with standard order coordination at its discretion during normal work hours.
2.2.13 BellSouth will also offer Unbundled Digital Loops (UDL). They will be designed, will be provisioned with test points (where appropriate), and will come standard with Order Coordination and a Design Layout Record (DLR). BellSouth will maintain the UDL characteristics in a manner that ensures the loop is as it was
when it was provisioned. The parties shall use their best efforts to avoid service degradation caused by spectrum interference.
2.2.14 As a chargeable option on all loops except UVL-SL1 and Unbundled Copper Loop (UCL), BellSouth will offer Order Coordination - Time Specific (OC-TS). This will allow Sprint the ability to specify the time that the coordinated conversion takes place. The OC-TS charge for orders due on the same day at the same location will be applied on a per Local Service Request (LSR) basis.
2.2.15 Upon successful completion of the cooperative test with BellSouth, Sprint will be responsible for testing and isolating troubles on the loops. Once Sprint has isolated a trouble to the BellSouth provided loop, Sprint will issue a trouble report to BellSouth on the loop. BellSouth will take the actions necessary to repair the loop if a trouble actually exists. BellSouth will repair these loops in the same time frames that BellSouth repairs similarly situated loops to its customers.
2.2.16 If Sprint reports a trouble on SL1 loops and no trouble actually exists, BellSouth will charge Sprint for any dispatching and testing (both inside and outside the CO) required by BellSouth in order to confirm the loop’s working status.
2.2.17 If Sprint reports a trouble on SL2 loops and no trouble actually exists, BellSouth will charge Sprint for any dispatching and testing, (outside the CO) required by BellSouth in order to confirm the loop’s working status.
2.3 Technical Requirements
2.3.1 To the extent available within BellSouth’s network at a particular location, BellSouth will offer unbundled loops capable of supporting telecommunications services as set forth in this section. If a requested unbundled loop type is not available, then Sprint can use the Special Construction process to request that BellSouth place facilities or otherwise modify facilities in order to meet Sprint’s request.
2.3.2 Sprint will have access to the following Unbundled Local Loop (“ULL”) types unbundled from local switching and local transport in accordance with the terms and conditions set forth in this section. Using the appropriate collocation or other point of access methodologies, Sprint also shall have the right to place appropriate equipment, such as digital subscriber line access multiplexing equipment, at the fiber/copper interface point in BellSouth 's loop plant. Sprint will use its best efforts to minimize its equipment’s interference with the BellSouth network and will work cooperatively to resolve any such occurrences.
184.108.40.206 "2-Wire Analog Voice Grade ULL" or "Analog 2W" which support analog transmission of 300-3000 Hz, repeat link start, link reverse battery, or ground start seizure and disconnect in one direction (toward the End Office Switch), and repeat
ringing in the other direction (toward the Customer). Analog 2W include Loops sufficient for the provision of PBX trunks and pay telephone lines.
220.127.116.11 "4- Wire Analog Voice Grade ULL" or "Analog 4W" which support transmission of voice grade signals using separate transmit and receive paths and terminate in a 4-wire electrical interface.
18.104.22.168 "2-Wire ISDN Digital Grade ULL," "BRI ISDN" or IDSL which support digital transmission of two 64 Kbps bearer channels and one 16 Kbps data channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated Services Digital Network (BRI-ISDN) Loop which will meet national ISDN standards and conform to ANSI T1.601-1992 and conforms to Power Spectral Density Mask.
22.214.171.124 "2-Wire ADSL-Compatible ULL or ADSL-2W" is a 2-wire, non-loaded, twisted copper pair that meets revised resistance design or carrier serving area design guidelines. An ADSL-2W is a transmission path that may be suitable for the data rates of up to a 6 Mpbs digital signal downstream (toward the Customer) at a 6dB performance margin and up to a 640 Kbps digital signal upstream (away from the Customer) at a 6dB performance margin while simultaneously carrying an analog voice signal, although Sprint is not restricted to those bandwidth specifications in providing its services (nor does BellSouth guarantee such data rates), provided that Sprint complies with appropriate industry standards. An ADSL-2W terminates in a 2-wire electrical interface at the Customer premises and at the BellSouth Central Office frame. The upstream and downstream ADSL power spectral density masks and dc line power limits referenced in BellSouth ANSI T1.413.1998 shall apply.
126.96.36.199 "2-Wire HDSL-Compatible ULL" consists of a single 2-wire, non-loaded, twisted copper pair that meets the carrier serving area design criteria. The HDSL power spectral density mask and dc line power limits referenced in TA-NWT-001210 shall apply.
188.8.131.52 " HDSL2-Compatible ULL" consists of a single 2-wire, non-loaded, twisted copper pair. BellSouth will provide a loop that meets Carrier Serving Area Guidelines, which are defined in T1 Technical Report # 28. To the extent that separate industry approved NC and NCI codes are designated for HDSL2 loops, BellSouth will modify its ordering procedures to accept those separate ordering codes.
184.108.40.206 "4-Wire HDSL-Compatible ULL or HDSL-4W" consists of two 2-wire, non- loaded, twisted copper pairs that meet the carrier serving area design criteria. The HDSL power spectral density mask and dc line power limits referenced in Bellcore TA-NWT-001210 shall apply.
220.127.116.11 "4-Wire DS-1-compatible ULL" (Digital Grade Loop) is a transmission path that supports the transmission of digital signals up to a maximum binary information rate of 1.544 Mbps and terminates in a 4-Wire electrical interface at the Customer premises and a Sprint Collocation node at a[BellSouth] central office. A DS-1 Digital Grade Loop is capable of operating in a full duplex, time division (digital) multiplexing mode. A DS-1 Digital Grade Loop provides transmission capacity equivalent to 24 voice grade channels with associated signaling, twenty-four 56 Kbps digital channels when in band signaling is provided or twenty-four 64 Kbps channels with the selection of the Clear Channel signaling option.
18.104.22.168 Other DSL Technologies: As the Industry accepts other power spectral density masks, BellSouth will allow additional types of DSL technologies and/or services such as SDSL and VDSL to be provided on unbundled network element(s) contained in this agreement. Then Sprint may order the unbundled element(s) as a result of this agreement and use the additional DSL technologies without re- negotiations or contract amendments.
22.214.171.124 Unbundled loops will be ordered by using the appropriate NC/NCI code. If Sprint requests a loop to be modified beyond the appropriate characteristics for that loop type then the newly modified loop will be ordered and inventoried as an unbundled copper loop (UCL).
2.3.3 Carrier Serving Area (CSA)
126.96.36.199 Carrier Serving Area (CSA) Loop Specifications - CSA design specifications were originally developed to support 56 Kbps Digital Data Service (DDS) delivery to customers served by Digital Loop Carrier (DLC) systems. A CSA loop is defined as a wire pair that meets CSA design guidelines whether it originates from a central office or from a remote terminal site.
188.8.131.52 CSA loops will be designed to meet the specifications as described in Telcordia SR2275, Issue 3, 12/97 (Section 7-Transmission).
184.108.40.206 Loops that comply with CSA specifications are intended to support DSL services such as XXXX, XXXX0, SDSL at a 768 Kbps symmetrical transmission rate, and ADSL at a 6 Mbps by 640 Kbps asymmetrical transmission rate. BellSouth does not guarantee that these loops will support these services or data rates.
220.127.116.11 CSA loops may be ordered from the BellSouth using a Telcordia standard Network Channel (NC) code of LXC.
2.3.4 Revised Resistance Design (RRD)
18.104.22.168 Revised Resistance Design (RRD) Loop Specification - Revised Resistance Design specifications are described in Telcordia, SR2275, Issue 3, 12/97 (Section 7- Transmission.
22.214.171.124 Loops that comply with RRD design specifications are intended to support SDSL up to a 384 Kbps symmetrical transmission rate and ADSL up to a 1.5 Mbps by 384 asymmetrical transmission rate. BellSouth does not guarantee that these loops will support these services or data rates.
126.96.36.199 RRD loops may be ordered from BellSouth using a Telcordia standard Network Channel (NC) code of LXR. BellSouth will provide an unbundled digital loop that is ADSL compatible that meets RRD using LXR.
2.3.5 Unbundled Copper Loops (UCL) – Short and Long. UCLs will be offered in two versions. The short UCL will be non-loaded copper loop of up to 18kf and has Resistance Design criteria for resistance and bridge tap. The long UCL would be any copper loop that is longer than 18kf where the load coils have been removed through the ULM process. Unbundled Copper Loops may be ordered from BellSouth using a Telcordia standard Network Channel Code of LX-N (for short copper loops) and LX-- (for long copper loops), or other Telcordia standard NC code as may be adopted in the future.
2.3.6 Sprint will pre-qualify the loops based on the above specifications. If, after receiving the Sprint order, BellSouth determines based on records, that the loop does not meet the specifications, BellSouth will notify Sprint of its findings and will work cooperatively with Sprint, to resolve any issues or discuss alternatives.
2.3.7 The loop will support the transmission, signaling, performance and interface requirements of the services described in Section 2.3.2 above. It is recognized that the requirements of different services are different, and that a number of types or grades of loops are required to support these services. Services provided over the loop by Sprint will be consistent with industry standards. To the extent there are no applicable industry standards, BellSouth’s TR73600 will apply.
2.3.8 In some instances, Sprint will require access to a copper twisted pair loop unfettered by any intervening equipment (e.g., filters, load coils, range extenders, etc.), so that Sprint can use the loop for a variety of services by attaching appropriate terminal equipment at the ends. Sprint will determine the type of service that will be provided over the loop. Sprint will utilize BellSouth’s ULM process to request these changes. The rates for ULM are included in Exhibit C.
2.3.9 The loop shall be provided to Sprint in accordance with the following Technical References:
BellSouth’s TR73600, Unbundled Local Loop Technical Specification
188.8.131.52 Telcordia (formerly BellCore) TR-NWT-000057, Functional Criteria for Digital Loop Carrier Systems, Issue 2, January 1993.
184.108.40.206 Telcordia (formerly BellCore) TR-NWT-000393, Generic Requirements for ISDN Basic Access Digital Subscriber Lines.
220.127.116.11 ANSI T1.102 - 1993, American National Standard for Telecommunications - Digital Hierarchy - Electrical Interfaces.
18.104.22.168 ANSI T1.403 - 1989, American National Standard for Telecommunications - Carrier to Customer Installation, DS1 Metallic Interface Specification.
3. Integrated Digital Loop Carriers
3.1 When Sprint requests an unbundled Loop currently served by BellSouth’s Integrated Digital Loop Carrier (IDLC) or Remote Switching technology in which there is no access to a contiguous loop, BellSouth will, where available, move the requested unbundled Loop to a vacant cable pair, universal digital loop carrier, or other non-integrated DLC transmission equipment for the purpose of unbundling the Loop at no additional charge to Sprint. If, however, no vacant unbundled Loop is available, BellSouth will within twenty-four (24) hours, of Sprint’s request, notify Sprint of the lack of available facilities. If no alternate facility is available, BellSouth will utilize its Special Construction (SC) process to determine the additional costs required to provision the loop facilities. Sprint will then have the option of paying the one time SC rates to place the loop facilities or Sprint may chose some other method of providing service to the end user (e.g., Resale, private facilities, etc.).
4. Network Interface Device
4.1.1 The Network Interface Device (NID) Network Element is defined as a cross- connect device used to connect loop facilities to inside wiring including all features, functions, and capabilities required to terminate a single line or circuit at the end user customer’s premises. The fundamental function of the NID is to establish the official network demarcation point between a carrier and its end-user customer. The NID features two independent xxxxxxxx or divisions which separate the service provider’s network from the customer’s inside wiring. Each chamber or division contains the appropriate connection points or posts to which the service provider, and the end-user customer each make their connections. The NID provides a protective ground connection, and is capable of terminating cables such as twisted pair cable.
4.2 Technical Requirements
4.2.1 The Network Interface Device shall provide a clean, accessible point of connection for the inside wiring and for the Distribution Media and shall maintain a connection to ground that meets the requirements set forth below.
4.2.2 The NID shall be capable of transferring electrical analog or digital signals between the customer’s inside wiring and the Distribution Media.
4.2.3 All NID posts or connecting points shall be in place, secure, usable and free of any rust or corrosion. The protective ground connection shall exist and be properly installed. The ground wire will also be free of rust or corrosion and have
continuity relative to ground.
4.2.4 The NID shall be capable of withstanding all normal local environmental variations.
4.2.5 Where practicable, the NID shall be physically accessible to Sprint designated personnel. In cases where entrance to the end user’s premises is required to give access to the NID, the Parties shall work cooperatively to obtain entrance permission directly from the end user.
4.2.6 Upon Sprint’s request, BellSouth will provide at the customer’s premise a properly terminated drop at the Network Interface Device (NID) or demarcation. In an attempt to avoid additional truck rolls behind a service order, Sprint will provide a toll free number for use by BellSouth field technicians. When this method of order completion is used, the Sprint Operations center will immediately test the loop condition, and accept or reject the loop based on the test results. BellSouth will also provide to Sprint at an additional cost, as set forth in FCC #1 tariff section 13.2.6.c, cooperative testing to test any network element provided by BellSouth and to test the overall functionality of network elements that are connected to one another or to equipment or facilities provided or leased by Sprint, to the extent BellSouth has the ability to perform such tests. The cooperative testing provided for in this paragraph is exclusive of any maintenance service and related testing that BellSouth is required to provide for unbundled network elements under this Agreement.
4.3 Interface Requirements
4.3.1 The NID shall be equal to or better than all of the requirements for NIDs set forth in the following technical references:
22.214.171.124 Telcordia (formerly BellCore) Technical Advisory TA-TSY-000120 “Customer Premises or Network Ground Wire”;
126.96.36.199 Telcordia (formerly BellCore) Generic Requirement GR-49-CORE “Generic Requirements for Outdoor Telephone Network Interface Devices”;
188.8.131.52 Telcordia (formerly BellCore) Technical Requirement TR-NWT-00239 “Indoor Telephone Network Interfaces”;
184.108.40.206 Telcordia (formerly BellCore) Technical Requirement TR-NWT-000937 “Generic Requirements for Outdoor and Indoor Building Entrance”
5. Loop Termination
5.1 As part of the loop ordering process, Sprint will provide central office termination information. This information will be in the form of a Sprint tie cable name and pair number.
5.2 When continuity is established from the Sprint tie cable pair, through any intermediate field cross connect points, and is properly terminated at the NID, BellSouth will inform Sprint of order completion.
6. Unbundled Loop Concentration (ULC) System
6.1.1 BellSouth will provide to Sprint loop concentration (ULC). Loop concentration systems in the central office concentrate the signals transmitted over local loops onto a digital loop carrier system. The concentration device is placed inside a BellSouth central office. BellSouth will offer ULC with a TR008 interface or a TR303 interface.
6.1.2 ULC will be offered in two sizes. System A will allow up to 96 BellSouth loops to be concentrated onto multiple DS1s. The high speed connection from the concentrator will be at the electrical DS1 level and may connect to Sprint at Sprint’s collocation site. System B will allow up to 192 BellSouth loops to be concentrated onto multiple DS1s. System A may be upgraded to a System B. A minimum of two DS1s is required for each system (i.e., System A requires two DS1s and System B would require an additional two DS1s or four in total ). All DS1 interfaces will terminate to the CLEC’s collocation space. ULC service is
offered with or without concentration and with or without protection. A Line Interface element will be required for each loop that is terminated onto the ULC system. Rates for ULC are as set forth in this Attachment.
7. Sub-loop Elements
7.1 Where facilities are in place and available, BellSouth shall, pursuant to 47 CFR §
51.319 (a) (2), offer access to its Unbundled Sub-Loop (USL), Unbundled Sub- Loop Concentration (USLC) System and Unbundled Network Terminating Wire (UNTW) elements. If no facilities exist, Sprint may utilize BellSouth’s special construction process to request the placement of such facilities.
7.2 Unbundled Sub-Loop (USL)
The Subloop is defined as any portion of the loop that is technically feasible to access at terminals in BellSouth's outside plant, including inside wire (owned by BellSouth). An accessible terminal is a point on the loop where technicians can access the wire or fiber within the cable without removing a splice case to reach the wire or fiber within. These would include a technically feasible point near the customer premises, such as the pole or pedestal, the network interface device (NID), or the minimum point of entry to the customer premises. Another point of access would be the feeder distribution interface (FDI). The FDI might be located in the utility room in a multi-dwelling unit, in a remote terminal, or in a controlled environment vault (CEV). A third point of access is the main distribution frame in BellSouth’s central office.
220.127.116.11 The Unbundled Sub-Loop will be copper twisted pair. Through the firm order Service Inquiry (SI) process, BellSouth will determine if it is technically feasible to place the required facilities where Sprint has requested access to Unbundled Sub- Loops. If existing cross-connect capacity within the cross-box is sufficient to meet Sprint’s demand, then BellSouth will perform the set-up work as described in the next section 18.104.22.168. If any work must be done to modify existing BellSouth facilities or add new facilities (other than adding the cross-connect panel in a building equipment room as noted in 22.214.171.124) to accommodate Sprint’s request for Unbundled Sub-Loops, BellSouth will use its Special Construction (SC) process to determine the additional costs required to provision the Unbundled Sub-Loops. Sprint will then have the option of paying the one-time SC charge to modify the facilities to meet Sprint’s request.
126.96.36.199 During the initial set-up in a BellSouth cross-connect box in the field, the BellSouth technician will perform the necessary work to splice Sprint’s cable into the cross-connect box. For the set-up inside a building equipment room, BellSouth will perform the necessary work to install the cross-connect panel that will be used to provide access to the requested USLs. Once the set-up is complete, Sprint’s requested sub-loop pairs would be provisioned through the service order process based on the submission of an LSR to the LCSC.
7.2.2 Requirements for All Unbundled Sub-Loops
188.8.131.52 Unbundled Sub-Loops shall be capable of carrying all signaling messages or tones needed to provide telecommunications services.
Unbundled Sub-Loop shall support functions associated with provisioning, maintenance and testing of the Unbundled Sub-Loop. In these scenarios, Sprint would be required to place a cross-box, remote terminal (RT), or other similar device and deliver a cable to the BellSouth remote terminal or cross-box. This cable would be connected, by a BST technician, to a cross-connect panel within the BellSouth RT/cross-box. Sprint’s cable pairs can then be connected to BST’s USL within the BST cross-box by the BST technician.
7.2.3 Interface Requirements
184.108.40.206 Unbundled Sub-Loop shall be equal to or better than each of the applicable interface requirements set forth in the following technical references:
220.127.116.11 Telcordia (formerly BellCore) TR-NWT-000049, “Generic Requirements for Outdoor Telephone Network Interface Devices,” Issued December 1,1994;
7.3 Unbundled Sub-Loop Concentration System (USLC)
7.3.1 Where facilities are in place and available, BellSouth will provide Sprint with the ability to concentrate its sub-loops onto multiple DS1s back to the BellSouth Central Office. The DS1s will then be terminated into Sprint’s collocation space. TR-008 and TR303 interface standards are available. If no facilities exist, Sprint may utilize BellSouth’s special construction process to request the placement of such facilities.
7.3.2 USLC, using the Lucent Series 5 equipment, will be offered in two different systems. System A will allow up to 96 of Sprint’s sub-loops to be concentrated onto multiple DS1s. System B will allow an additional 96 of Sprint’s sub-loops to be concentrated onto multiple DS1s. One System A may be supplemented with one System B and they both must be physically located in a single Series 5 dual channel bank. A minimum of two DS1s is required for each system (i.e., System A requires two DS1s and System B would require an additional two DS1s or four in total). The DS1 level facility that connects the RT site with the serving wire center is known as a Feeder Interface. All DS1 Feeder Interfaces will terminate to the CLEC’s collocation space within the SWC that serves the RT where the CLEC’s sub-loops are connected. USLC service is offered with or without concentration and with or without a protection DS1.
7.3.3 In these scenarios Sprint would be required to place a cross-box, remote terminal (RT), or other similar device and deliver a cable to the BellSouth remote terminal. This cable would be connected, by a BellSouth technician, to a cross-connect panel within the BellSouth RT/cross-box and would allow Sprint’s sub-loops to then be placed on the ULSC and transported to their collocation space at a DS1 level.
7.4 Unbundled Network Terminating Wire (UNTW)
7.4.1 BellSouth agrees to offer its Unbundled Network Terminating Wire (UNTW) to Sprint pursuant to the following terms and conditions at rates as set forth in this Attachment.
18.104.22.168 Subject to applicable and effective FCC rules and orders, UNTW is a dedicated transmission facility that BellSouth provides from the Wiring Closet /Garden Terminal (or other type of cross-connect point) at the point of termination of BellSouth’s loop distribution facilities to the end user’s point of demarcation.
22.214.171.124 BellSouth will offer spare pairs that are available to an end user's premises to Sprint. Available spare pairs are defined as pairs that are not being utilized by BellSouth or by a third party to provide an end user with working service at the time of Sprint’s request for UNTW. If no spare pairs are available and the end user is no longer using BellSouth’s local service, BellSouth will relinquish the first pair to Sprint. If after BellSouth has relinquished the first pair to Sprint and the end user decides to change local service providers to BellSouth, Sprint will relinquish the first pair back to BellSouth.
126.96.36.199 Notwithstanding the foregoing, should BellSouth subsequently require the use of additional pair(s) to provide for the activation of additional lines in an end users premises in response to a request from such end user, Sprint agrees to surrender their spare pair(s) upon request by BellSouth.
188.8.131.52 If an end user of Sprint desires to receive local exchange service from a service provider who is not a Party to this Agreement, and such third party service provider needs access to the BellSouth UNTW to provide local exchange service to the end user, then Sprint agrees to surrender the requisite number of its inactive spare pair(s) if no other spare pair is available and upon request by BellSouth.
184.108.40.206 If Sprint has placed NTW at a location and an end user desires to receive local exchange service from BellSouth and BellSouth needs access to Sprint’s NTW to provide local exchange service to the end user, then Sprint agrees to surrender the requisite number of its spare pair(s) upon request by BellSouth.
220.127.116.11 In new construction, where possible, both Parties may at their option and with the property owner’s agreement install their own NTW. In existing construction, BellSouth shall not be required to install new or additional NTW beyond existing NTW to provision the services of the CLEC.
7.4.4 Technical Requirements
18.104.22.168 In these scenarios, BellSouth will connect the requested UNTW pairs to a single point of interconnection (SPOI) designed for CLEC access to BellSouth’s NTW.
The SPOI will be installed either near BellSouth’s garden terminal or wiring closet. Sprint will be required to place a cross-box, terminal or other similar device and deliver a cable to this SPOI. Sprint will then connect their cable to the cross- connect panel to access the requested UNTW pairs.
8. High Frequency Spectrum Network Element
8.1.1 BellSouth shall provide Sprint access to the high frequency portion of the local loop as an unbundled network element (“High Frequency Spectrum”) Modification at the rates set forth in Exhibit C. BellSouth shall provide Sprint with the High Frequency Spectrum irrespective of whether BellSouth chooses to offer xDSL services on the loop.
8.1.2 The High Frequency Spectrum is defined as the frequency range above the voiceband on a copper loop facility carrying analog circuit-switched voiceband transmissions. Access to the High Frequency Spectrum is intended to allow Sprint the ability to provide Digital Subscriber Line (“xDSL”) data services to the end user for which BellSouth provides voice services. The High Frequency Spectrum shall be available for any version of xDSL presumed acceptable for deployment pursuant to 47 C.F.R. Section 51.230, including, but not limited to, Asymmetrical Digital Subscriber Line (“ADSL”), Rate Adaptive Digital Subscriber Line (“RADSL”), and any other xDSL technology that is presumed to be acceptable for deployment pursuant to FCC rules. BellSouth will continue to have access to the low frequency portion of the loop spectrum (from 300 Hertz to at least 3000 Hertz, and potentially up to 3400 Hertz, depending on equipment and facilities) for the purposes of providing voice service. Sprint shall only use xDSL technology that is within the Power Spectral Density (“PSD”) mask parameters set forth in T1.413 or other applicable industry standards. Sprint shall provision xDSL service on the High Frequency Spectrum in accordance with the applicable Technical Specifications and Standards.
8.1.3 The following loop requirements are necessary for Sprint to be able to access the High Frequency Spectrum: an unconditioned, 2-wire copper loop. An unconditioned loop is a copper loop with no load coils, low-pass filters, range extenders, Digital Added Main Lines (“DAMLs”), or similar devices and minimal bridged taps consistent with ANSI T1.413 and T1.601. The process of removing such devices is called “conditioning.” BellSouth will provide Sprint access to the Unbundled Loop Modification (Line Conditioning), in accordance with Section
2.2.4 of this Attachment 2. BellSouth shall xxxx and Sprint shall pay the rates for such services, as described in Exhibit C.
22.214.171.124 The interim costs for conditioning are subject to true up as provided in Section
22.3 of this Attachment 2. BellSouth will condition loops to enable Sprint to
provide xDSL-based services on the same loops the incumbent is providing analog voice service, regardless of loop length. BellSouth is not required to condition a loop for shared-line xDSL if conditioning of that loop significantly degrades BellSouth’s voice service. If Sprint requests that BellSouth condition a loop longer than 18,000 ft. and such conditioning significantly degrades the voice services on the loop, Sprint shall pay for the loop to be restored to its original state.
8.1.4 Sprint’s termination point is the point of termination for Sprint on the toll main distributing frame in the central office (“Termination Point”). BellSouth will use jumpers to connect Sprint’s connecting block to the splitter. The splitter will route the High Frequency Spectrum on the circuit to Sprint’s xDSL equipment in Sprint’s collocation space.
8.1.5 Sprint shall have access to the splitter for test purposes, irrespective of where the splitter is placed in the BellSouth premises.
8.2 Provisioning of High Frequency Spectrum and Splitter Space
8.2.1 BellSouth will provide Sprint with access to the High Frequency Spectrum as follows:
126.96.36.199 BellSouth will install splitters within forty-two (42) calendar days of Sprint’s submission of such order to the BellSouth Complex Resale Support Group; provided, however, that in the event BellSouth did not have reasonable notice that a particular central office was to have a splitter installed therein, the forty-two (42) day interval shall not apply. Collocation itself or an application for collocation will serve as reasonable notice.
188.8.131.52 Once a splitter is installed on behalf of Sprint in a central office, Sprint shall be entitled to order the High Frequency Spectrum on lines served out of that central office.
184.108.40.206 BellSouth will select, purchase, install, and maintain a central office POTS splitter and provide Sprint access to data ports on the splitter. In the event that BellSouth elects to use a brand of splitter other than Siecor, the Parties shall renegotiate the recurring and non-recurring rates associated with the splitter. In the event the Parties cannot agree upon such rates, the then current rates (final or interim) for the Siecor splitter shall be the interim rates for the new splitter. BellSouth will provide Sprint with a carrier notification letter at least 30 days before such change and shall work collaboratively with Sprint to select a mutually agreeable brand of splitter for use by BellSouth. Sprint shall thereafter purchase ports on the splitter as set forth more fully below.
220.127.116.11 BellSouth will install the splitter in (i) a common area close to the Sprint collocation area, if possible; or (ii) in a BellSouth relay rack as close to the Sprint DS0 termination point as possible. For purposes of this section, a common area is defined as an area in the central office in which both Parties have access to a common test access point. BellSouth will cross-connect the splitter data ports to a specified Sprint DS0 at such time that a Sprint end user’s service is established.
18.104.22.168 Sprint Owned Splitters
22.214.171.124.1 Upon completion of the conditions set forth below, BellSouth (i) shall provide Sprint with the option of purchasing, installing and maintaining central office POTS splitters in its collocation arrangements, and (ii) shall enable Sprint to obtain access to, and provide digital subscriber line services to Sprint’s customers via High Frequency Spectrum Network Elements that utilize such splitters.
126.96.36.199.2 Consistent with this splitter option, the Parties agree to meet collaboratively as often as necessary to resolve the following operational issues within 60 days of execution of this agreement:
188.8.131.52.2.1 Maintenance & Repair procedures must be established for locating and resolving voice troubles found to be in Sprint’s equipment or wiring.
184.108.40.206.2.2 Procedures will be developed for BellSouth’s testing of voice circuits that enter Sprint’s collocation arrangement.
220.127.116.11.2.3 COSMOS must be modified to be able to accept two Cable Facility Assignment (“CFA”) pair assignments from Sprint when Sprint orders High Frequency Spectrum. In order for this modification of COSMOS to be completed as quickly as possible, the Parties agree as follows:
18.104.22.168.2.3.1 Sprint shall identify for BellSouth the cable pairs in specific central offices that Sprint intends to use for line sharing; and
22.214.171.124.2.3.2 BellSouth agrees to complete modifications to COSMOS for these cable pairs within 45 days.
126.96.36.199.2.3.3 If it is not technically feasible for BellSouth to complete these modifications within 45 days, BellSouth will use its best efforts to develop a work-around solution that will enable Sprint to provide its services using High Frequency Spectrum and Sprint’s splitters within 60 days. In the event such a work-around must be developed, BellSouth agrees to work collaboratively with Sprint to develop said work-around and the Parties shall use their best efforts to develop a work-around that enables BellSouth to access records for maintenance and repair purposes.
188.8.131.52.3 In the event Sprint desires to place a splitter in its physical collocation space, and such placement does not require additional cabling, cable racking, or space, BellSouth will not require an application to modify existing collocation space pursuant to Attachment 4 of the Agreement. A splitter, for purposes of this Agreement, is a passive device requiring no power and emitting no heat. Sprint shall provide BellSouth ten (10) calendar days advance written notice of its intent to place a splitter in its collocation space. Such notice shall include the following:
(1) the date Sprint anticipates commencing the work; and (2) the estimated date of completion. Prior to installation of the splitter, Sprint or its certified vendor will provide a Method of Procedure for each affected collocation space. In the event the equipment installed by Sprint does not comply with Section 184.108.40.206.4 below, or with applicable provisions of Attachment 4 of the Agreement, BellSouth, upon delivery of written notice to Sprint, may require Sprint to remedy such non- compliance. Such remedy may include removal of the equipment installed if such removal is necessary to comply with Attachment 4 of the Agreement. BellSouth shall permit Sprint a reasonable amount of time to remedy such noncompliance unless such noncompliance is of a character that poses an immediate and substantial threat of damage to property, injury or death to any person.
220.127.116.11.4 Any splitters installed by Sprint in its collocation arrangements shall comply with ANSI T1.413, Annex E, or any future ANSI splitter standards. BellSouth shall also permit Sprint to install any splitters in its collocation arrangement that BellSouth deploys or permits to be deployed for itself or any BellSouth affiliate.
18.104.22.168 The High Frequency Spectrum shall only be available on loops on which BellSouth is also providing, and continues to provide, analog voice service directly to the end user. In the event the end-user terminates its BellSouth provided voice service for any reason, and Sprint desires to continue providing xDSL service on such loop, Sprint shall be required to purchase the full stand-alone loop unbundled network element. However, if the end user terminates service with BellSouth because it is changing voice service to a voice providing CLEC, Sprint shall only be permitted to continue to use the loop if there is another loop physically available to the voice providing CLEC. In the event BellSouth disconnects the end-user’s voice service pursuant to its tariffs or applicable law, and Sprint desires to continue providing xDSL service on such loop, Sprint shall be permitted to continue using the line by purchasing the full stand-alone loop unbundled network element. BellSouth shall give Sprint notice in a reasonable time prior to disconnect, which notice shall give Sprint an adequate opportunity to notify BellSouth of its intent to purchase such loop. The Parties shall work collaboratively towards the mode of notification and the time periods for notice. In those cases in which BellSouth no longer provides voice service to the end user and Sprint purchases the full stand-alone loop, Sprint may elect the type of loop it will purchase. Sprint will pay the appropriate recurring and non-recurring rates for such loop as set for in this Agreement. In the event Sprint purchases a voice grade loop, Sprint acknowledges that such loop may not remain xDSL compatible.
22.214.171.124 Sprint and BellSouth shall continue to work together collaboratively to develop systems and processes for provisioning the High Frequency Spectrum in various real life scenarios. BellSouth and Sprint agree that Sprint is entitled to purchase the High Frequency Spectrum on a loop that is provisioned over fiber fed digital loop carrier. BellSouth will provide Sprint with access to feeder subloops at UNE prices. BellSouth and Sprint will work together to establish methods and procedures for providing Sprint access to the High Frequency Spectrum over fiber fed digital loop carriers.
8.3 Only one competitive local exchange carrier shall be permitted access to the High Frequency Spectrum of any particular loop
8.3.1 To order High Frequency Spectrum on a particular loop, Sprint must have a Digital Subscriber Line Access Multiplexer (“DSLAM”) collocated in the central office that serves the end-user of such loop. BellSouth will work collaboratively with Sprint to create a concurrent process that allows Sprint to order splitters in central offices where Sprint is in the process of obtaining collocation space and enables BellSouth to install such splitters before the end of Sprint’s collocation provisioning interval. While that process is being developed, Sprint may order splitters in a central office once it has installed its DSLAM in that central office. BellSouth will install these splitters within the interval provided in Section 126.96.36.199.
8.3.2 For splitters owned by BellSouth, BellSouth will devise a splitter order form that allows Sprint to order splitter ports in increments of 24 or 96 ports.
188.8.131.52 BellSouth will provide Sprint the Local Service Request (“LSR”) format to be used when ordering the High Frequency Spectrum.
8.3.3 BellSouth will initially provide access to the High Frequency Spectrum within the following intervals: BellSouth will return a Firm Order Confirmation (“FOC”) in no more than two (2) business days after receipt of a valid, error free LSR. Once BellSouth implements electronic OSS for High Frequency Spectrum, BellSouth will return a FOC in four (4) hours ninety-five percent (95%) of the time or, for orders that do not flow through, in forty-eight (48) hours. BellSouth will provide Sprint with access to the High Frequency Spectrum as follows:
184.108.40.206 For 1-5 lines at the same address within three (3) business days from the receipt of Sprint’s FOC; 6-10 lines at same address within 5 business days from the receipt of Sprint’s FOC; and more than 10 lines at the same address is to be negotiated. BellSouth and Sprint will re-evaluate these intervals.
8.3.4 BellSouth will provide to Sprint BellSouth’s Loop Qualification System that BellSouth uses to qualify loops for its own ADSL offering.
8.3.5 BellSouth will provide Sprint access to the Preordering Loop Makeup (LMU), in accordance with Section 2.2.7 of this Attachment. BellSouth shall xxxx and Sprint shall pay the rates for such services, as described in Exhibit C of this Attachment.
8.4 Maintenance and Repair
8.4.1 Sprint shall have access, for test, repair, and maintenance purposes, to any loop as to which it has access to the High Frequency Spectrum. Sprint may access the loop at the point where the combined voice and data signal exits the central office splitter.
8.4.2 BellSouth will be responsible for repairing voice services and the physical line between the network interface device at the customer premise and the Termination Point of demarcation in the central office. Sprint will be responsible for repairing data services. Each Party will be responsible for maintaining its own equipment.
8.4.3 Sprint shall inform its end users to direct data problems to Sprint, unless both data and voice services are impaired, in which event, the end users should call BellSouth.
8.4.4 Once a Party has isolated a trouble to the other Party’s portion of the loop, the Party isolating the trouble will notify the end user that the trouble is on the other Party’s portion of the loop.
8.4.5 In the event Sprint’s deployment of xDSL on the High Frequency Spectrum significantly degrades the performance of other advanced services or of BellSouth’s voice service on the same loop, BellSouth shall notify Sprint and allow twenty-four (24) hours to cure the trouble. If Sprint fails to resolve the trouble, BellSouth may discontinue Sprint’s access to the High Frequency Spectrum on such loop.
8.5.1 BellSouth and Sprint agree to negotiated, interim rates for the High Frequency Spectrum as shown in Exhibit C. All interim prices will be subject to true up based on either mutually agreed to permanent pricing or permanent pricing established in a line sharing cost proceeding conducted by state public utility commissions. In the event interim prices are established by state public utility commissions before permanent prices are established, either through arbitration or some other mechanism, the interim prices established in this Agreement will be changed to reflect the interim prices mandated by the state public utility commissions; however, no true up will be performed until mutually agreed to permanent prices are established or permanent prices are established by state public utility commissions. Once a docket in a particular state in BellSouth’s region has been opened to determine permanent prices for the High Frequency Spectrum,
BellSouth will provide cost studies for that state for the High Frequency Spectrum upon Sprint’s written request, within 30 days or such other date as may be ordered by a state commission. All cost related information shall be provided pursuant to a proprietary, non-disclosure agreement.
8.5.2 BellSouth and Sprint enter into this Agreement without waiving current or future relevant legal rights and without prejudicing any position BellSouth or Sprint may take on relevant issues before state or federal regulatory or legislative bodies or courts of competent jurisdiction. This clause specifically contemplates but is not limited to: (a) the positions BellSouth or Sprint may take in any cost docket related to the terms and conditions associated with access to the High Frequency Spectrum; and (b) the positions that BellSouth or Sprint might take before the FCC or any state public utility commission related to the terms and conditions under which BellSouth must provide Sprint with access to the High Frequency Spectrum. The interim rates set forth herein were adopted as a result of a compromise between the parties and do not reflect either party’s position as to final rates for access to the High Frequency Spectrum.
9.1 BellSouth shall provide non-discriminatory access to local circuit switching capability on an unbundled basis, except as set forth below in Section 9.4 to Sprint for the provision of a telecommunications service. BellSouth shall provide non- discriminatory access to packet switching capability on an unbundled basis to Sprint for the provision of a telecommunications service only in the limited circumstance described below in Section 12.3.
9.2 Except as otherwise provided herein, BellSouth shall not impose any restrictions on Sprint regarding the use of Switching capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier.
9.3 Local Circuit Switching Capability, including Tandem Switching Capability
220.127.116.11 Local Circuit Switching Capability is defined as: (A) line-side facilities, which include, but are not limited to, the connection between a loop termination at a main distribution frame and a switch line card; (B) trunk-side facilities, which include, but are not limited to, the connection between trunk termination at a trunk-side cross-connect panel and a switch trunk card; and (C) all features, functions, and capabilities of the switch, which include, but are not limited to: (1) the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks, as well as the same basic capabilities made available to BellSouth’s customers, such as a telephone number, white page listings, and dial
tone; and (2) all other features that the switch is capable of providing, including but not limited to customer calling, customer local area signaling service features, and Centrex, as well as any technically feasible customized routing functions provided by the switch; (D) switching provided by remote switching modules.
9.3.2 When utilizing BellSouth’s local circuit switching capability, local traffic shall be defined as set forth in Part B of the General Terms and Conditions.
9.4 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for Sprint when Sprint serves end-users with four (4) or more voice-grade (DS-0) equivalents or lines in locations served by BellSouth’s local circuit switches, which are in the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA, and BellSouth has provided non- discriminatory cost based access to the Enhanced Extended Link (EEL) throughout Density Zone 1 as determined by NECA Tariff No. 4 as in effect on January 1, 1999.
9.5.1 In Florida the rate charged will be as follows:
In the event that Sprint orders local circuit switching for a single end user account name at a single physical end user location with four (4) or more two (2) wire voice-grade loops from a BellSouth central office where BellSouth has provided non-discriminatory cost-based access to the Enhanced Extended Link (EEL) through-out a Density Zone 1 MSA as determined by NECA Xxxxxx Xx. 0 as in effect on January 1, 1999, BellSouth shall charge Sprint the market based rate in Exhibit C for use of the local circuit switching functionality for the affected facilities.
9.5.2 In Georgia, Louisiana, North Carolina, South Carolina and Tennessee the rate charged will be as follows:
In the event that Sprint orders local circuit switching for a single end user account name with four (4) or more two (2) wire voice-grade loops from a BellSouth central office where BellSouth has provided non-discriminatory cost-based access to the Enhanced Extended Link (EEL) through-out a Density Zone 1 MSA as determined by NECA Xxxxxx Xx. 0 as in effect on January 1, 1999, BellSouth shall charge Sprint the non-UNE based rate in Exhibit C for use of the local circuit switching functionality for the affected facilities.
9.6 A featureless port is one that has a line port, switching functionality, and an interoffice port. A featured port is a port that includes all features then capable or a number of then capable features specifically requested by Sprint. Any features that a switch is capable of providing and are technically feasible but have not yet been activated can be requested through the BFR process.
9.7 BellSouth will provide to Sprint purchasing BellSouth switching and/or reselling BellSouth exchange service under Attachment 1, selective routing of calls to a requested directory assistance services platform or operator services platform. Sprint customers may use the same dialing arrangements as BellSouth customers, but obtain a Sprint branded service.
9.8 Technical Requirements
9.8.1 The requirements set forth in this Section apply to Local Switching, but not to the Data Switching function of Local Switching.
18.104.22.168 Local Switching shall be equal to or better than the requirements for Local Switching set forth in Telcordia (formerly BellCore)’s Local Switching Systems General Requirements (FR-NWT-000064).
22.214.171.124 When applicable, BellSouth shall route calls to the appropriate trunk or lines for call origination or termination.
126.96.36.199 BellSouth shall route calls on a per line or per screening class basis to (1) BellSouth platforms providing Network Elements or additional requirements (2) Operator Services platforms, (3) Directory Assistance platforms, and (4) Repair Centers. Any other routing requests by Sprint will be made pursuant to the Bona Fide Request/ New Business Request Process as set forth in General Terms and Conditions.
188.8.131.52 BellSouth shall provide unbranded recorded announcements and call progress tones to alert callers of call progress and disposition.
184.108.40.206 BellSouth shall activate service for a Sprint customer or for Sprint’s network interconnection using any of the Local Switching interfaces. This includes provisioning changes to change a customer from BellSouth’s services to Sprint’s services without loss of switch feature functionality as defined in this Agreement.
220.127.116.11 BellSouth shall perform routine testing (e.g., Mechanized Loop Tests (MLT) and test calls such as 102, 105, 107 and 108 type calls) and fault isolation on a mutually agreed upon schedule.
18.104.22.168 BellSouth shall repair and restore any equipment or any other maintainable component that may adversely impact Local Switching.
22.214.171.124 BellSouth shall control congestion points such as those caused by radio station call-ins, and network routing abnormalities. All traffic shall be restricted in a non discriminatory manner.
126.96.36.199 BellSouth shall perform manual call trace and permit customer originated call trace.
188.8.131.52 Special Services provided by BellSouth will include the following:
184.108.40.206.1 Telephone Service Prioritization;
220.127.116.11.2 Related services for handicapped;
18.104.22.168.3 Soft dial tone where required by law; and
22.214.171.124.4 Any other service required by law.
126.96.36.199 BellSouth shall provide Switching Service Point (SSP) capabilities and signaling software to interconnect the signaling links destined to the Signaling Transfer Point Switch (STP). These capabilities shall adhere to Telcordia (formerly BellCore) specifications - TCAP (GR-1432-CORE), ISUP(GR-905-CORE), Call Management (GR-1429-CORE), Switched Fractional DS1 (GR-1357-CORE), Toll Free Service (GR-1428-CORE), Calling Name (GR-1597-CORE), Line Information Database (GR-954-CORE), and Advanced Intelligent Network (GR- 2863-CORE).
188.8.131.52 BellSouth shall provide interfaces to adjuncts through Telcordia (formerly BellCore) standard interfaces. These adjuncts can include, but are not limited to, the Service Circuit Node and Automatic Call Distributors.
184.108.40.206 BellSouth shall provide data regarding a customer line, traffic characteristics or other measurable elements to Sprint, upon a reasonable request from Sprint. Sprint will pay BellSouth for all reasonable and demonstrative costs incurred to provide such data through the Bona Fide Request/New Business Request process.
220.127.116.11 BellSouth shall offer Local Switching that provides feature offerings at parity to those provided by BellSouth to itself or any other Party. Such feature offerings shall include but are not limited to:
18.104.22.168.1 Basic and primary rate ISDN;
22.214.171.124.2 Residential features;
126.96.36.199.3 Customer Local Area Signaling Services (CLASS/LASS);
188.8.131.52.4 CENTREX (including equivalent administrative capabilities, such as customer accessible reconfiguration and detailed message recording); and