BELLSOUTH TELECOMMUNICATIONS INC. AND
BIRCH TELECOM OF THE SOUTH, INC.
TABLE OF CONTENTS
General Terms and Conditions Part A
2. Term of the Agreement
3. Ordering Procedures
5. White Pages Listings
6. Bona Fide Request/New Business Request Process for Further Unbundling
7. Court Ordered Requests for Call Detail Records and Other Subscriber Information
8. Liability and Indemnification
9. Intellectual Property Rights and Indemnification
10. Treatment of Proprietary and Confidential Information
12. Resolution of Disputes
14. Force Majeure
15. Year 2000 Compliance
16. Modification of Agreement
18. Governing Law
19. Arm’s Length Negotiations
21. Rule of Construction
22. Headings of No Force or Effect
23. Multiple Counterparts
24. Implementation of Agreement
26. Filing of Agreement
27. Entire Agreement
Part B - Definitions Attachment 1 - Resale
Attachment 2 - Network Elements and Other Services Attachment 3 - Network Interconnection
Attachment 4 - Physical Collocation
Attachment 5 - Access to Numbers and Number Portability Attachment 6 - Ordering and Provisioning
Attachment 7 - Billing and Billing Accuracy Certification Attachment 8 - Rights-of-Way, Conduits and Pole Attachments Attachment 9 - Performance Measurements
Attachment 10- Agreement Implementation Template Attachment 11- BellSouth Disaster Recovery Plan Attachment 12 – High Frequency Spectrum
THIS AGREEMENT is made by and between BellSouth Telecommunications, Inc., (“BellSouth”), a Georgia corporation, and Birch Telecom of the South, Inc. (“Birch”), a Delaware corporation, and shall be deemed effective as of the date of signatures by both parties. This Agreement may refer to either BellSouth or Birch or both as a “Party” or “Parties.”
W I T N E S S E T H
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, Birch is or seeks to become an alternative local exchange telecommunications company (“CLEC”) authorized to provide telecommunications services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; and
WHEREAS, the Parties wish to resell BellSouth’s telecommunications services and/or interconnect their facilities, purchase network elements and other services, and exchange traffic specifically for the purposes of fulfilling their obligations pursuant to sections 251 and 252 of the Telecommunications Act of 1996 (“the Act”).
NOW THEREFORE, in consideration of the mutual agreements contained herein, BellSouth and Birch agree as follows:
1. Term of the Agreement
1.1 The term of this Agreement shall be two years, beginning as of the date of signature by both Parties and shall apply to the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. If as of the expiration of this Agreement, a Subsequent Agreement (as defined in Section 2.2 below) has not been executed by the Parties, this Agreement shall continue on a month-to-month basis at the same terms conditions and prices as those in effect as of the expiration date hereof while a Subsequent Agreement is being negotiated. The Parties’ rights and obligations with respect to this Agreement after expiration shall be as set forth in Section 2.4 below.
1.2 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”).
1.3 If, within one hundred and thirty-five (135) days of commencing the negotiation referred to in Section 2.2 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.
1.4 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 the parties have not commenced good faith negotiations in a timely manner, no arbitration proceeding has been filed in accordance with Section 2.3 above, or the Parties have not mutually agreed (where permissible) to extend the arbitration window for petitioning the applicable Commission(s) 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 interconnection, unbundled network elements and services to Birch pursuant to the terms, conditions and rates set forth in BellSouth's then current standard interconnection agreement. 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
2. Good Faith Performance
In the performance of their obligations under this Agreement, the Parties shall act in good faith and consistently with the intent of the Act. Where notice, approval, or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action shall not be unreasonably delayed, withheld, or conditioned.
3. Ordering Procedures
3.1 Birch shall provide BellSouth its Carrier Identification Code (CIC), Operating Company Number (OCN), Group Access Code (GAC) and Access Customer Name and Address (ACNA) code as applicable prior to placing its first order.
3.2 The Parties agree to adhere to the BellSouth Local Interconnection and Facility Based Ordering Guide and Resale Ordering Guide, as appropriate for the services ordered.
3.3 Birch shall pay charges for Operational Support Systems (OSS) as set forth in this Agreement in Attachment 1 and/or in Attachment 2, 3, 5 and 7 as applicable.
When Birch 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 and service provisioning are at least 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. To the extent technically feasible, the quality of a Network Element, as well as the quality of the access to such Network Element provided by BellSouth to Birch shall be at least equal in quality to that which BellSouth provides to itself, its subsidiaries, affiliates, or other carriers.
The quality of the interconnection between the networks of BellSouth and the network of Birch shall be at a level that is equal to that which BellSouth provides itself, a subsidiary, an Affiliate, or any other party. The interconnection facilities shall be designed to meet the same technical criteria and service standards that are used within BellSouth’s network and shall extend to a consideration of service quality as perceived by end users and service quality as perceived by Birch.
5. Directory Listings
BellSouth shall provide Birch and their customers on a non-discriminatory basis, access to white pages and yellow pages directory listings in the same manner BellSouth provides such listings to its own end users, and consistent with the following terms:
5.1 Listings. Birch shall provide all new, changed and deleted listings, on a timely basis and BellSouth or its agent will include Birch residential and business customer listings in the appropriate White Pages (residential and business) or alphabetical directories. Birch will provide to BellSouth all Birch end users that wish to be omitted from directories. Directory listings will make no distinction between Birch and BellSouth subscribers.
5.1.1 Enhanced Listings. Where BellSouth offers to publish, at no charge, in its white pages directory Enhanced White Pages Listings to its retail customers, BellSouth shall publish such listings, at no charge and under the same terms and conditions,
for Birch for its end users. Where BellSouth charges its retail customers for Enhanced White Pages Listings, BellSouth shall publish such listings under the same terms and conditions to Birch for its Customers at the applicable wholesale discount set forth in Attachment 1.
5.1.2 Yellow Pages Directory Listings. Where BellSouth offers to publish in its Yellow Pages Directory free Yellow Pages listings to its retail end users, BellSouth shall publish such listings, at no charge, and under the same terms and conditions to Birch for its end users. Where BellSouth charges business end users for Yellow Pages basic Directory Listings, BellSouth shall provide one Yellow Pages basic Directory Listing for each AT&T Customer, who subscribes to business services, at BellSouth tariffed rates at the applicable wholesale discount. BellSouth shall not provide “lead” information on Birch end users to its Yellow Pages directory publishing Affiliate without written permission from Birch.
5.2 Rates. Unless otherwise agreed, BellSouth and Birch will provide to each other subscriber primary listing information in the White Pages at no charge except for discounted applicable wholesale service order charges as set forth in the appropriate tariffs.
5.3 Procedures for Submitting Birch Subscriber Information are found in BellSouth’s Ordering Guide for manually processed listings and in the Local Exchange Ordering Guide for mechanically submitted listings.
5.3.1 Notwithstanding any provision(s) to the contrary, Birch agrees to provide to BellSouth, and BellSouth agrees to accept, Birch’s Subscriber Listing Information (SLI) relating to Birch’s customers in the geographic area(s) covered by this Interconnection Agreement. Birch authorizes BellSouth to release all such Birch SLI provided to BellSouth by Birch to qualifying third parties via either license agreement or BellSouth’s Directory Publishers Database Service (DPDS), General Subscriber Services Tariff, Section A38.2, as the same may be amended from time to time. Such CLEC SLI shall be intermingled with BellSouth’s own customer listings of any other CLEC that has authorized a similar release of SLI. Where necessary, BellSouth will use good faith efforts to obtain state commission approval of any necessary modifications to Section A38.2 of its tariff to provide for release of third party directory listings, including modifications regarding listings to be released pursuant to such tariff and BellSouth’s liability therunder. BellSouth’s obligation pursuant to this Section shall not arise in any particular state until the commission of such state has approved modifications to such tariff.
5.3.2 No compensation shall be paid to Birch for BellSouth’s receipt of Birch
SLI, or for the subsequent release to third parties of such SLI. In addition, to the extent BellSouth incurs costs on an ongoing basis to administer the release of Birch SLI, Birch shall pay to BellSouth its proportionate share of the reasonable costs associated therewith. Before BellSouth incurs any cost under this Section, it
shall inform Birch of its good faith estimate of Birch’s share of such cost, and Birch shall have the option of agreeing in writing to the cost or of discontinuing the release of Birch’s SLI.
5.3.3 BellSouth shall not be liable for the content or accuracy of any SLI provided by Birch under this Agreement. Birch shall indemnify, hold harmless and defend BellSouth from and against any damages, losses, liabilities, demands claims, suits, judgments, costs and expenses (including but not limited to reasonable attorneys’ fees and expenses) arising from BellSouth’s tariff obligations or otherwise and resulting from or arising out of any third party’s claim of inaccurate Birch listings or use of the SLI provided pursuant to this Agreement. BellSouth shall forward to Birch any complaints received by BellSouth relating to the accuracy or quality of Birch listings.
5.3.4 Listings and subsequent updates will be released consistent with BellSouth system changes and/or update scheduling requirements.
5.4 Unlisted/Non-Published Subscribers. Birch will be required to provide to BellSouth the names, addresses and telephone numbers of all Birch customers that wish to be omitted from directories.
5.5 Inclusion of Birch Customers in Directory Assistance Database. BellSouth will include and maintain Birch subscriber listings in BellSouth’s Directory Assistance databases at no charge and Birch shall provide such Directory Assistance listings at no charge. BellSouth will update the Directory Assistance database with the same timeliness as for its retail end users. BellSouth and Birch will formulate appropriate procedures regarding lead-time, timeliness, format and content of listing information. BellSouth shall advise Birch as soon as possible, but in no event fewer than six (6) months in advance, of any changes in the maintenance of the Directory Listings database or any mechanisms or interfaces, whether industry standard or not, pursuant to which BellSouth will provide Directory Listings to Birch.
5.6 Listing Information Confidentiality. BellSouth will accord Birch’s directory listing information the same level of confidentiality that BellSouth accords its own directory listing information, and BellSouth shall limit access to Birch’s customer proprietary or confidential directory information to those BellSouth employees who are involved in the preparation of listings and such information shall not be used for other purposes. .
5.7 Optional Listings. Additional listings and optional listings will be offered by BellSouth at tariffed rates as set forth in the General Subscriber Services Tariff.
5.8 Directory Delivery. BellSouth or its agent shall deliver White Pages directories and Yellow Pages directories to Birch subscribers at no charge or as specified in a separate BAPCO agreement.
6. Bona Fide Request/New Business Request Process for Further Unbundling
If Birch is a facilities based provider or a facilities based and resale provider, this section shall apply. BellSouth shall, upon request of Birch, provide to Birch access to its network elements at any technically feasible point for the provision of Birch's telecommunications service where such access is necessary and failure to provide access would impair the ability of Birch to provide services that it seeks to offer. Any request by Birch 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.
6.1 A Bona Fide Request/New Business Request shall be submitted in writing to Birch’s Account Manager by Birch and shall specifically identify the requested 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.
6.2 Upon request, a service or product requested by another carrier through BFR/NBR process shall be available to Birch on the same rates, terms and conditions.
7. Court Ordered Requests for Call Detail Records and Other Subscriber Information
7.1 To the extent technically feasible, BellSouth maintains call detail records for Birch end users for limited time periods and can respond to subpoenas and court ordered requests for this information. BellSouth shall maintain such information for Birch end users for the same length of time it maintains such information for its own end users.
7.2 Birch 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 Birch end users. Billing for such requests will be generated by BellSouth and directed to the law enforcement agency initiating the request.
7.3 Where BellSouth is providing to Birch telecommunications services for resale or providing to Birch the local switching function, then Birch agrees that in those cases where Birch receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to Birch end users, if Birch does not have the
requested information, Birch will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to BellSouth. Where the request has been forwarded to BellSouth, billing for call detail information will be generated by BellSouth and directed to the law enforcement agency initiating the request.
7.4 In all other instances, Birch will provide Birch end user and/or other customer information that is available to Birch in response to subpoenas and court orders for their own customer records. When BellSouth receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to Birch end users, BellSouth will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to Birch.
8. Liability and Indemnification
8.1 BellSouth Liability. BellSouth shall take financial responsibility for its own actions in causing, or its lack of action in preventing, unbillable or uncollectible Birch revenues.
8.2 Birch Liability. In the event that, by amendment to this agreement or otherwise, Birch consists of two (2) or more separate entities as set forth in the preamble to this Agreement, all such entities shall be jointly and severally liable for the obligations of Birch under this Agreement.
8.3 Liability for Acts or Omissions of Third Parties. Neither BellSouth nor Birch shall be liable for any act or omission of another telecommunications company providing a portion of the services provided under this Agreement.
8.4 Limitation of Liability.
8.4.1 Each Party’s liability to the other for any loss, cost, claim, injury or liability or expense, including reasonable attorney’s fees relating to or arising out of any negligent act or omission in its performance of this Agreement whether in contract or in tort, shall be limited to a credit for the actual cost of the services or functions not performed or improperly performed, except to the extent otherwise provided for in this Agreement. Notwithstanding the foregoing, claims for damages by a Party, any customer of that Party, or any other person or entity resulting from the gross negligence or willful misconduct of the other Party shall not be subject to such limitation of liability.
8.4.2 Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to Customer or third Party for (i) any Loss relating to or arising out of this Agreement, whether in
contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such Loss and (ii) Consequential Damages. To the extent that a Party elects not to place in its tariffs or contracts such limitations of liability, and the other Party incurs a Loss as a result thereof, such Party shall indemnify and reimburse the other Party for that portion of the Loss that would have been limited had the first Party included in its tariffs and contracts the limitations of liability that such other Party included in its own tariffs at the time of such Loss.
8.4.3 Neither BellSouth nor Birch shall be liable for damages to the other’s terminal location, POI or other company’s customers’ premises resulting from the furnishing of a service, including, but not limited to, the installation and removal of equipment or associated wiring, except to the extent caused by a company’s negligence or willful or intentional misconduct or by a company’s failure to properly ground a local loop after disconnection.
8.4.4 Under no circumstance shall a Party be responsible or liable for indirect, incidental, or consequential damages, including, but not limited to, economic loss or lost business or profits, damages arising from the use or performance of equipment or software, or the loss of use of software or equipment, or accessories attached thereto, delay, error, or loss of data. In connection with this limitation of liability, each Party recognizes that the other Party may, from time to time, provide advice, make recommendations, or supply other analyses related to the Services, or facilities described in this Agreement, and, while each Party shall use diligent efforts in this regard, the Parties acknowledge and agree that this limitation of liability shall apply to provision of such advice, recommendations, and analyses.
8.5 Indemnification for Certain Claims. The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the customer of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.
8.6 Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, OR FACILITIES PROVIDED UNDER THIS AGREEMENT. THE PARTIES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
9. Intellectual Property Rights and Indemnification
9.1 No License. Except for the limited right to access BellSouth information through various operational support systems as set forth in this Agreement for use as expressly set forth herein, no patent, copyright, trademark or other proprietary right is licensed, granted or otherwise transferred by this Agreement. Birch is strictly prohibited from any use, including but not limited to in sales, in marketing or advertising of telecommunications services, of any BellSouth name, service xxxx or trademark, except that (1) Birch may make factual references to the BellSouth name in response to a customer or potential customer inquiry regarding the source of the underlying services or the identity of repair technicians, and (2) Birch may use the BellSouth name in comparative advertising so long as the reference is truthful and factual, does not relate to the source of the underlying service and does not imply any agency relationship, partnership, endorsement, sponsorship or affiliation by or with BellSouth. .
9.2 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.
9.3 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 8 of this Agreement.
9.4 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, but subject to the limitations of liability set forth below:
9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or
9.4.2 obtain a license sufficient to allow such use to continue.
9.4.3 In the event 9.4.1 or 9.4.2 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.
9.5 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.
9.6 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.
10. Proprietary and Confidential Information
10.1 Proprietary and Confidential Information: Defined. It may be necessary for BellSouth and Birch, each as the “Discloser,” to provide to the other party, as “Recipient,” proprietary and confidential information(including trade secret information) including but not limited to technical, financial, marketing, staffing and business plans and information, strategic information, proposals, request for proposals, specifications, drawings, prices, costs, procedures, processes, business systems, software programs, techniques, customer account data, call detail records and like information. This proprietary and confidential information also includes, but is not limited to all orders for Services and Network Elements placed by either Party, and information that would constitute Customer Proprietary Network Information and Recorded Usage Data, whether disclosed by the Discloser or otherwise acquired by the Recepient in the course of the performance of this Agreement. (This proprietary and confidential information is collectively the Discloser’s“Information”). All Information provided to Recipient by Discloser shall be treated as proprietary and confidential.
10.2 Use and Protection of Information. Recipient shall use the Information solely for the purpose(s) of performing this Agreement, and Recipient shall protect
Information from any use, distribution or disclosure except as permitted hereunder. Recipient will use the same standard of care to protect 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 Information solely to the Authorized Representatives of the Recipient who (a) have a substantive need to know such Information in connection with performance of the Agreement; (b) have been advised of the confidential and proprietary nature of the Information; and (c) have personally agreed in writing to protect from unauthorized disclosure all confidential and proprietary information, of whatever source, to which they have access in the course of their employment. Unless otherwise agreed, Recipient shall not permit employees or agents of Recipient with end user marketing, product development, or any other non-Discloser purpose, to have access to Information under any circumstances. “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. “ Affiliates” means any company that is owned in whole or in part, now or in the future, directly or indirectly through a subsidiary, by a party hereto.
10.3 Ownership, Copying & Return of Information. Information remains at all times the property of Discloser. Recipient may make tangible or electronic copies, notes, summaries or extracts of 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 Information (including, but not limited to, tangible and electronic copies, notes, summaries or extracts of any information) will be promptly returned to Discloser or destroyed according to Discloser’s request, and Recipient will provide Discloser with written certification stating that such Information has been returned or destroyed.
10.4 Exceptions . Discloser’s 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 the Discloser, without an obligation to keep 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 Information to any court or government agency pursuant to written court order, subpoena, regulation or process of law, Recipient must first provided 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 Information disclosed in response to a written court order, subpoena, regulation or process of law.
10.5 Equitable Relief. Recipient acknowledges and agrees that any breach or threatened breach of this Agreement 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.
10.6 Survival of Confidentiality Obligations. The parties’ rights and obligations under this Section 10 shall survive and continue in effect until three (3) years after the expiration or termination date of this Agreement with regard to all Information exchanged during the term of this Agreement. Thereafter, the parties’ rights and obligations hereunder survive and continue in effect with respect to any Information that is a trade secret under applicable law.
Any assignment by either Party to any non-affiliated entity of any right, obligation or duty, or of any other interest hereunder, in whole or in part, without the prior written consent of the other Party shall be void. Such consent will not be unreasonably withheld. A Party may assign this Agreement or any right, obligation, duty or other interest hereunder to an Affiliate company of the Party without the consent of the other Party. All obligations and duties of any Party under this Agreement shall be binding on all successors in interest and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its obligations under this Agreement in the event that the assignee fails to perform such obligations.
12. 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. However, each Party reserves any rights it may have to seek judicial review of any ruling made by the Commission concerning this Agreement.
The Parties agree that this Section does not prevent either Party from seeking temporary equitable remedies, including temporary restraining orders. A request by a Party to a court or a regulatory authority for interim measures or equitable relief shall not be deemed a waiver of the obligation to comply with the Dispute Resolution provisions.
Nonexclusive Remedies except as otherwise expressly provided in this Agreement, each of the remedies provided under this Agreement is cumulative and is in addition to any remedies that may be available at law or in equity.
13.1 Definition. For purposes of this Section, the terms “taxes” and “fees” shall include but not 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, or sought to be imposed, on or with respect to the services furnished hereunder or measured by the charges or payments therefore, excluding any taxes levied on income.
13.2 Taxes and Fees Imposed Directly On Either Providing Party or Purchasing Party.
13.2.1 Taxes and fees imposed on the providing Party, which are not permitted or required to be passed on by the providing Party to its customer, shall be borne and paid by the providing Party.
13.2.2 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.
13.3 Taxes and Fees Imposed on Purchasing Party But Collected And Remitted By Providing Party.
13.3.1 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.
13.3.2 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.
13.3.3 If the purchasing Party determines that in its opinion any such taxes or fees are not payable, 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 payable, 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 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.
13.3.4 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.
13.3.5 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.
13.3.6 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 incurred by the providing Party in connection with any claim for or contest of any such tax or fee.
13.3.7 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.
13.4 Taxes and Fees Imposed on Providing Party But Passed On To Purchasing Party.
13.4.1 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. Nothing in this Agreement shall be construed to create an independent right in the providing Party to pass on taxes and or fees to the purchasing Party.
13.4.2 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.
13.4.3 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. Notwithstanding the
foregoing, the providing Party shall retain ultimate responsibility for determining whether and to what extent any such taxes or fees are applicable, and the purchasing Party shall abide by such determination and pay such taxes or fees to the providing Party. The providing Party shall further retain ultimate responsibility for determining whether and how to contest the imposition of such taxes and fees; provided, however, that any such contest undertaken at the request of the purchasing Party shall be at the purchasing Party’s expense.
13.4.4 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.
13.4.5 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.
13.4.6 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 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.
13.4.7 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.
13.5 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.
14. 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, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes
requested by Customer, 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.
15. Year 2000 Compliance
Each Party warrants that it has implemented a program the goal of which is to ensure that all software, hardware and related materials (collectively called “Systems”) delivered, connected with BellSouth or supplied in the furtherance of the terms and conditions specified in this Agreement: (i) will record, store, process and display calendar dates falling on or after January 1, 2000, in the same manner, and with the same functionality as such software records, stores, processes and calendar dates falling on or before December 31, 1999; and (ii) shall include without limitation date data century recognition, calculations that accommodate same century and multicentury formulas and date values, and date data interface values that reflect the century.
16. Modification of Agreement
16.1 BellSouth shall make available, pursuant to 47 USC § 252 and the FCC rules and regulations regarding such availability, to Birch 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 legitimately related. The adopted interconnection, service, or network element, provision and/or agreement shall apply to the same states as such other agreement and for the identical term of such other agreement.
16.2 If Birch 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 Birch to notify BellSouth of said change and request that an amendment to this Agreement, if necessary, be executed to reflect said change.
16.3 No modification, amendment, supplement to, or waiver of the Agreement or any of its provisions shall be effective and binding upon the Parties unless it is made in writing and duly signed by the Parties.
16.4 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).
16.5 In the event that any effective legislative, regulatory (including generic proceedings), judicial or other legal action materially affects any material terms of this Agreement, or the ability of Birch or BellSouth to perform any material terms of this Agreement, Birch or BellSouth may, provide written notice to require that such terms be renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new terms as may be required. In the event that such new terms are not renegotiated within ninety (90) days after such notice, the Dispute shall be referred to the Dispute Resolution procedure set forth in Section 12.
16.6 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 effective 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.
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.
18. Governing Law
To the extent any provisions of this Agreement are subject to the jurisdiction of the FCC, applicable federal rules and regulations shall govern those provisions. To the extent any provisions of this Agreement are subject to the jurisdiction of the state Commission, applicable Commission rules and regulations shall govern those provisions. All other provisions of this Agreement shall be governed by the laws of the state of Georgia.
19. Arm’s Length Negotiations
This Agreement was executed after arm’s length negotiations between the undersigned Parties and reflects the conclusion of the undersigned that this Agreement is in the best interests of all Parties.
20.1 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 - COU Suite 4300
000 X. Xxxxxxxxx Xx. Xxxxxxx, XX 00000
Birch Telecom of the South, Inc.
Xxxx Xxxxxx, General Counsel 0000 Xxxxxxxxx Xxxxxx
Xxxxxx Xxxx, Xxxxxxxx 00000-0000
or at such other address as the intended recipient previously shall have designated by written notice to the other Party.
20.2 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.
20.3 BellSouth shall provide Birchat least 30 day advance (or such shorter notice as may be required or permitted by Commission order) notice via Internet posting of price changes and of changes to the terms and conditions of services available for resale in accordance with applicable Commission rules or orders. To the extent that revisions occur between the time BellSouth notifies Birch of changes under this Agreement and the time the changes are scheduled to be implemented, BellSouth will immediately notify Birch of such revisions consistent with its internal notification process.
21. Rule of Construction
No rule of construction requiring interpretation against the drafting Party hereof shall apply in the interpretation of this Agreement.
22. Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for convenience of reference only, and shall in no way define, modify or restrict the meaning or interpretation of the terms or provisions of this Agreement.
23. Multiple Counterparts
This Agreement may be executed multiple counterparts, each of which shall be deemed an original, but all of which shall together constitute but one and the same document.
24. Implementation of Agreement
If Birch is a facilities based provider or a facilities based and resale provider, this section shall apply. Within 60 days of the execution of this Agreement, 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.
This Agreement contains references to numerous Guides maintained by BellSouth, including, but not limited to, the BellSouth Local Interconnection and Facility Based Ordering Guide, BellSouth Resale Ordering Guide, BellSouth Products and Services Interval Guide, and the BellSouth Facility Based CLEC Activation Requirements Customer Guide (together, "Guides"). Where this Agreement references any BellSouth Guides, the Parties agree to adhere to such Guides, provided that these Guides do not affect the substantive rights and obligations of the Parties under this Agreement. In the event of a conflict between this Agreement and any Guides, this Agreement controls. All intervals set forth in the most current Guides available on the effective date of this contract shall be available to Birch, regardless of future BellSouth updates to the Guides. In the event BellSouth modifies the intervals set forth in the Guides after the effective date of this agreement, Birch, at its sole option and upon written notice to BellSouth, , may choose to continue with the intervals set forth at the effective date of the agreement. Otherwise, the intervals in BellSouth’s guides shall apply.
26. 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. If the regulatory agency imposes any filing or public interest notice fees regarding the filing or approval of the Agreement, Birch shall be responsible for publishing the required notice and the publication and/or notice costs shall be borne by Birch.
27. Entire Agreement
This Agreement and its Attachments, incorporated herein by this reference, sets forth the entire understanding and supersedes prior Agreements between the Parties relating to the subject matter contained herein and merges all prior discussions between them, and 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 contemporaneously or subsequently set forth in writing and executed by a duly authorized officer or representative of the Party to be bound thereby.
This Agreement may include attachments with provisions for the following services:
Network Elements and Other Services Local Interconnection
The following services are included as options for purchase by Birch. Birch shall elect said services by written request to its Account Manager if applicable.
Optional Daily Usage File (ODUF)
Enhanced Optional Daily Usage File (EODUF) Access Daily Usage File (ADUF)
Line Information Database (LIDB) Storage Centralized Message Distribution Service (CMDS) Calling Name (CNAM)
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year above first written.
BellSouth Telecommunications, Inc. Birch Telecom of the South, Inc.
Signature on File Signature on File
Xxxxx X. Xxxxxxx _ Xxxxxxx X. Xxxxxx
Sr. Director – Interconnection Services Sr. Vice President and General Counsel Title Title
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.
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.
Commission is defined as the appropriate regulatory agency in each of BellSouth’s nine state region, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee.
Daily Usage File is the compilation of messages or copies of messages in standard Exchange Message Interface (EMI) format exchanged from BellSouth to a CLEC.
Exchange Message Interface is the nationally administered standard format for the exchange of data among the Exchange Carriers within the telecommunications industry.
Information Service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
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 Birch; a CLEC other than Birch or another telecommunications carrier through the network of BellSouth or Birch to an end user of Birch; a CLEC other than Birch or another telecommunications carrier.
Local Interconnection is defined as 1) the delivery of local traffic to be terminated on each Party’s local network so that end users of either Party have the ability to reach end users of the other Party without the use of any access code or substantial delay in the processing of the call; 2) the LEC network features, functions, and capabilities set forth in this Agreement; and 3) Service Provider Number Portability sometimes referred to as temporary telephone number portability to be implemented pursuant to the terms of this Agreement.
Local Traffic is defined as in Attachment 3.
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.
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.
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 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 as set forth in Attachment 2 of this Agreement.
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.
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.
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 Points (“SCPs”) are defined as databases that store information and have the ability to manipulate data required to offer particular services.
Signal Transfer Points (“STPs”) are signaling message switches that interconnect Signaling Links to route signaling messages between switches and databases. STPs enable the exchange of Signaling System 7 (“SS7”) messages between switching elements, database elements and STPs. STPs provide access to various BellSouth and third party network elements such as local switching and databases.
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 Birch designated Signaling Points of Interconnection that provide a diverse transmission path and cross connect to a BellSouth Signal Transfer Point.
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 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.).
Wire Center denotes a building or space within a building a building which serves as an aggregation point on a given carrier’s network, where transmission facilities and circuits are connected or switched. Wire Center can also denote a building in which one or more Central Offices, used for the provision of basic exchange services and Switched access service, are located.
TABLE OF CONTENTS
1. Discount Rates. 3
2. Definition of Terms 3
3. General Provisions 3
4. Bellsouth’s Provision of Services To Birch 8
5. Maintenance of Services 8
6. Establishment of Service 9
7. Payment and Billing Arrangements 11
8. Discontinuance of Service 13
9. Line Information Database (LIDB) 15
10. RAO Hosting. 15
11. Optional Daily Usage File (ODUF) 15
12. Enhanced Optional Daily Usage File (EODUF) 15
Exhibit A – Applicable Discounts/OSS Rates. 16
Exhibit B – Resale Restrictions. 19
Exhibit C – Line Information Database (LIDB) Storage Agreement. 21
Exhibit D – CMDS/RAO Hosting. 27
Exhibit E – Optional Daily Usage File ODUF). 31
Exhibit F – Enhanced Option Daily Usage File (EODUF). 34
Exhibit G – ODUF/EODUF/CMDS Rates. Rate Table
1. Discount Rates
The discount rates applied to Birch purchases of BellSouth Telecommunications Services for the purpose of resale shall be as set forth in Exhibit A. Such discount shall reflect the costs avoided by BellSouth when selling a service for wholesale purposes.
2. Definition of Terms
2.1 COMPETITIVE LOCAL EXCHANGE COMPANY (CLEC) means a telephone company certificated by the public service commissions of BellSouth’s franchised area to provide local exchange service within BellSouth's franchised area.
2.2 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.
2.3 DEPOSIT means assurance provided by a customer in the form of cash, surety bond or bank letter of credit to be held by BellSouth.
2.4 END USER means the ultimate user of the telecommunications services.
2.5 END USER CUSTOMER LOCATION means the physical location of the premises where an end user makes use of the telecommunications services.
2.6 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.
2.7 RESALE means an activity wherein a certificated CLEC, such as Birch subscribes to the telecommunications services of BellSouth and then offers those telecommunications services to the public
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 Birch, may offer resold local exchange telecommunications service.
3. General Provisions
3.1 Birch may resell the tariffed local exchange and toll telecommunications services of BellSouth contained in the General Subscriber Service Tariff and Private Line Service Tariff subject to the terms, and conditions specifically set forth herein. 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.
3.2 All of the negotiated rates, terms and conditions set forth in this Attachment pertain to the resale of BellSouth’s retail telecommunications services and other services specified in this Attachment. BellSouth shall make available telecommunications services for resale at the discount rates set forth in Exhibit A to this Agreement and subject to the exclusions and limitations set forth in Exhibit B to this Agreement. BellSouth does not however waive 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. BellSouth reserves 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 Birch may purchase resale services from BellSouth for their own use in operating their business. The resale discount will apply to those services under the following conditions:
3.3.1 Birch must resell services to other end users.
3.3.2 Birch must order services through resale interfaces, i.e., the Local Carrier Service Center (LCSC) and/or appropriate Resale Account Teams pursuant to Section 3 of the General Terms and Conditions.
3.3.3 Birch cannot be a competitive local exchange telecommunications company for the single purpose of selling to themselves.
3.4 The provision of services by BellSouth to Birch does not constitute a joint undertaking for the furnishing of any service.
3.5 Birch 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 Birch for said services.
3.6 Birch 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 except to the extent provided for herein.
3.7 BellSouth will continue to xxxx the end user for any services that the end user specifies it wishes to receive directly from BellSouth.
3.8 BellSouth maintains the right to serve directly any end user within the service area of Birch. BellSouth will continue to directly market its own telecommunications products and services and in doing so may establish independent relationships with end users of Birch.
3.9 Neither Party shall interfere with the right of any person or entity to obtain service directly from the other Party.
3.10 Current telephone numbers may normally be retained by the end user and are assigned to the service furnished. However, neither Party nor the end user has a property right to the telephone number or any other call number designation associated with services furnished by BellSouth, and no right to the continuance of service through any particular central office. BellSouth reserves the right to change such numbers, or the central office designation associated with such numbers, or both, whenever BellSouth deems it necessary to do so in the conduct of its business and in accordance with BellSouth practices and procedures on a nondiscriminatory basis.
3.11 For the purpose of the resale of BellSouth’s telecommunications services by Birch, BellSouth will provide Birch with an on line access to telephone numbers for reservation on a first come first serve basis. Such reservations of telephone numbers, on a pre-ordering basis shall be for a period of nine (9) days. Birch acknowledges that there may be instances where there is a shortage of telephone numbers in a particular Common Language Location Identifier Code (CLLIC) and in such instances BellSouth may request that Birch cancel its reservations of numbers. Birch shall comply with such request.
3.12 Further, upon Birch’s request, and for the purpose of the resale of BellSouth’s telecommunications services by Birch, BellSouth will reserve up to 100 telephone numbers per CLLIC, for Birch’s sole use. Such telephone number reservations shall be valid for ninety (90) days from the reservation date. Birch acknowledges that there may be instances where there is a shortage of telephone numbers in a particular CLLIC and in such instances BellSouth shall use its best efforts to reserve for a ninety
(90) day period a sufficient quantity of Birch’s reasonable need in that particular CLLIC.
3.13 Service is furnished subject to the condition that it will not be used for any unlawful purpose.
3.14 Service will be discontinued if any law enforcement agency advises that the service being used is in violation of the law.
3.15 BellSouth can refuse service when it has grounds to believe that service will be used in violation of the law.
3.16 BellSouth accepts no responsibility to any person for any unlawful act committed by Birch or its end users as part of providing service to Birch for purposes of resale or otherwise.
3.17 BellSouth will cooperate fully with law enforcement agencies with subpoenas and court orders for assistance with BellSouth's end users, pursuant to Section 7 of the General Terms and Conditions
3.18 The characteristics and methods of operation of any circuits, facilities or equipment provided by any person or entity other than BellSouth shall not:
3.18.1 Interfere with or impair service over any facilities of BellSouth, its affiliates, or its connecting and concurring carriers involved in its service; or
3.18.2 Cause damage to BellSouth’s plant;
3.18.3 Impair the privacy of any communications; or
3.18.4 Create hazards to any BellSouth employees or the public.
3.19 If Birch utilizes a BellSouth resold telecommunications service in a manner other than which the service was originally intended as described in BellSouth’s retail tariffs, Birch 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.
3.20 Facilities and/or equipment utilized by BellSouth to provide service to Birch remain the property of BellSouth.
3.21 White page directory listings will be provided in accordance with Section 5 of the General Terms and Conditions.
3.22 BellSouth provides electronic access to customer record information. Access is provided through the Local Exchange Navigation System (LENS) and the Telecommunications Access Gateway (TAG). Customer Record Information includes but is not limited to, customer specific information in XXXX and RSAG. In addition, Birch shall provide to BellSouth access to customer record information including electronic access where available. Otherwise, upon request by BellSouth Birch shall provide paper copies of customer record information within a reasonable period of time by BellSouth. Customer Record Information is equivalent to but not limited to the type of customer specific information contained in XXXX and RSAG. 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 agrees that Birch 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.
3.23 All costs incurred by BellSouth to develop and implement operational interfaces shall be recovered from Resellers who utilize the services. Charges for use of Operational Support Systems (OSS) shall be as set forth in Exhibit A of this Attachment.
3.24 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 (“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.
3.24.1 BellSouth shall provide branding for, or shall unbrand, voice mail services to Birch per the Bona Fide Request/New Business Request process as set forth in Section 6 of the General Terms and Conditions.
3.25 BellSouth’s Inside Wire Maintenance Service Plans may be made available for resale at rates, terms and conditions as set forth by BellSouth and without the wholesale discount.
3.26 If Birch requires a special assembly Birch agrees to pay the costs incurred by BellSouth for providing the requested special assembly. The costs will be provided to Birch prior to providing the service. Such costs could include both recurring and non- recurring charges and shall exclude any cost attributable to any marketing ,billing collection or other costs that will be avoided by BellSouth in providing service to Birch .
3.27 Recovery of charges associated with implementing Number Portability through monthly charges assessed to end users has been authorized by the FCC. This end user line charge will be billed to Resellers of BellSouth’s telecommunications services and will be as filed in FCC No. 1. This charge is not discounted.
3.28 BellSouth shall provide 911/E911 for Birch customers in the same manner that it is provided to BellSouth customers. BellSouth shall provide and validate Birch 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 customers, the Birch customer service information in the ALI/DMS (Automatic Location Identification/Location Information) databases used to support 911/E911 services.
3.29 Pursuant to 47 CFR Section 51.617, BellSouth will xxxx Xxxxx end users common line charges identical to the end user common line charges BellSouth bills its end users.
4. BellSouth’s Provision of Services to Birch
4.1 Birch agrees that its resale of BellSouth services shall be as follows:
4.1.1 The resale of telecommunications services shall be limited to users and uses conforming to the class of service restrictions.
4.1.2 Hotel and Hospital PBX services are the only telecommunications services available for resale to Hotel/Motel and Hospital end users, respectively. Similarly, Access Line Service for Customer Provided Coin Telephones is the only local service available for resale to Independent Payphone Provider (IPP) customers. Shared Tenant Service customers can only be sold those local exchange access services available in BellSouth’s A23 Shared Tenant Service Tariff in the states of Florida, Georgia, North Carolina and South Carolina, and in A27 in the states of Alabama, Kentucky, Louisiana, Mississippi and Tennessee.
4.1.3 BellSouth reserves the right to periodically audit services purchased by Birch to establish authenticity of use. Such audit shall not occur more than once in a calendar year. Birch shall make any and all records and data available to BellSouth or BellSouth’s auditors on a reasonable basis. BellSouth shall bear the cost of said audit.
4.2 Resold services can only be used in the same manner as specified in BellSouth’s Tariffs. 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 Birch may resell services only within the specific resale service area as defined in its certificate.
4.4 Telephone numbers transmitted via any resold service feature are intended solely for the use of the end user of the feature. Resale of this information is prohibited.
5. Maintenance of Services
5.1 Birch will adopt and adhere to the standards contained in the applicable CLEC Work Center Operational Understanding Agreement regarding maintenance and installation of service.
5.2 Services resold pursuant to this Attachment and BellSouth’s General Subscriber Service Tariff and Private Line Service Tariff and facilities and equipment provided by BellSouth shall be maintained by BellSouth.
5.3 Birch 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 Birch accepts responsibility to notify BellSouth of situations that arise that may result in a service problem.
5.5 Birch will be BellSouth's single point of contact for all repair calls on behalf of Birch’s end users. The parties agree to provide one another with toll-free contact numbers for such purposes.
5.6 Birch will contact the appropriate repair centers in accordance with procedures established by BellSouth.
5.7 For all repair requests, Birch accepts responsibility for adhering to BellSouth's prescreening guidelines prior to referring the trouble to BellSouth.
5.8 BellSouth will xxxx Xxxxx 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.
5.9 BellSouth reserves the right to contact Birch’s end users, if deemed necessary, for maintenance purposes.
6. Establishment of Service
6.1 After receiving certification as a local exchange company from the appropriate regulatory agency, Birch will provide the appropriate BellSouth service center the necessary documentation to enable BellSouth to establish a master account for Birch’s 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.
6.2 Service orders will be in a standard format designated by BellSouth.
6.3 When notification is received from Birch that a current end user of BellSouth will subscribe to Birch’s service, standard service order intervals for the appropriate class of service will apply.
6.4 BellSouth will not require end user confirmation prior to establishing service for Birch’s end user customer. Birch must, however, be able to demonstrate end user authorization upon request.
6.5 Birch 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 Birch to BellSouth or will accept a request from another CLEC for conversion of the end user's service from Birch to the other LEC. BellSouth will notify Birch that such a request has been processed.
6.6 If BellSouth determines that an unauthorized change in local service to Birch has occurred, BellSouth will reestablish service with the appropriate local service provider and will assess Birch 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 Birch. These charges can be adjusted if Birch provides satisfactory proof of authorization.
6.7 In order to safeguard its interest, BellSouth reserves the right to secure the account with a suitable form of security deposit, unless satisfactory credit has already been established.
6.7.1 Such security deposit shall take the form of an irrevocable Letter of Credit or other forms of security acceptable to BellSouth. Any such security deposit may be held during the continuance of the service as security for the payment of any and all amounts accruing for the service.
6.7.2 If a security deposit is required, such security deposit shall be made prior to the inauguration of service.
6.7.3 Such security deposit may not exceed two months' estimated billing.
6.7.4 The fact that a security deposit has been made in no way relieves Birch from complying with BellSouth's regulations as to advance payments and the prompt payment of bills on presentation nor does it constitute a waiver or modification of the regular practices of BellSouth providing for the discontinuance of service for non- payment of any sums due BellSouth.
6.7.5 BellSouth reserves the right to increase the security deposit requirements when, in its sole judgment, circumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the security deposit.
6.7.6 In the event that Birch defaults on its account, service to Birch will be terminated and any security deposits held will be applied to its account.
6.7.7 Interest on a security deposit shall accrue and be paid in accordance with the terms in the appropriate BellSouth tariff.
7. Payment And Billing Arrangements
7.1 Prior to submitting orders to BellSouth for local service, a master account must be established for Birch. Birch is required to provide the following before a master account is established: proof of PSC/PUC certification, the Application for Master Account, an Operating Company Number (“OCN”) assigned by the National Exchange Carriers Association (“NECA”) and a tax exemption certificate, if applicable.
7.2 BellSouth shall xxxx Xxxxx on a current basis all applicable charges and credits.
7.3 Payment of all charges will be the responsibility of Birch. Birch shall make payment to BellSouth for all services billed. BellSouth is not responsible for payments not received by Birch from Birch's end user. BellSouth will not become involved in billing disputes that may arise between Birch and its end user. Payments made to BellSouth as payment on account will be credited to an accounts receivable master account and not to an end user's account.
7.4 BellSouth will render bills each month on established xxxx days for each of Birch's accounts.
7.5 BellSouth will xxxx Xxxxx in advance charges for all services to be provided during the ensuing billing period except charges associated with service usage, which will be billed in arrears. Charges will be calculated on an individual end user account level, including, if applicable, any charge for usage or usage allowances. BellSouth will also xxxx Xxxxx, and Birch will be responsible for and remit to BellSouth, all charges applicable to resold services including but not limited to 911 and E911 charges, telecommunications relay charges (TRS), and franchise fees.
7.6 The payment will be due by the next xxxx date (i.e., same date in the following month as the xxxx date) and is payable in immediately available funds. Payment is considered to have been made when received by BellSouth.
7.6.1 If the payment due date falls on a Sunday or on a Holiday which is observed on a Monday, the payment due date shall be the first non-Holiday day following such Sunday or Holiday. If the payment due date falls on a Saturday or on a Holiday which is observed on Tuesday, Wednesday, Thursday, or Friday, the payment due date shall be the last non-Holiday day preceding such Saturday or Holiday. If payment is not received by the payment due date, a late payment penalty, as set forth in section 7.8 following, shall apply.
7.6.2 If Birch requests multiple billing media or additional copies of bills, BellSouth will provide these at an appropriate charge to Birch.
7.6.3 Billing Disputes
18.104.22.168 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Xxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin:
22.214.171.124 If the dispute is not resolved within sixty (60) days of the Xxxx Date, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within ninety (90) days of the Xxxx Date, the dispute will be escalated to the third level of management for each of the respective Parties for resolution
126.96.36.199 If the dispute is not resolved within one hundred and twenty (120) days of the Xxxx Date, the dispute will be escalated to the fourth level of management for each of the respective Parties for resolution.
188.8.131.52 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
7.7 Upon proof of tax exempt certification from Birch, the total amount billed to Birch will not include any taxes due from the end user to reflect the tax exempt certification and local tax laws. Birch will be solely responsible for the computation, tracking, reporting, and payment of taxes applicable to Birch’s end user.
7.8 If any portion of the payment is received by BellSouth after the payment due date as set forth preceding, or if any portion of the payment is received by BellSouth in funds that are not immediately available to BellSouth, then a late payment penalty shall be due to BellSouth. The late payment penalty shall be the portion of the payment not received by the payment due date times a late factor and will be applied on a per xxxx basis. The late factor shall be as set forth in Section A2 of the General Subscriber Services Tariff and Section B2 of the Private Line Service Tariff. Birch will be charged a fee for all returned checks as set forth in Section to A2 of the General Subscriber Services Tariff or in applicable state law.
7.9 Any switched access charges associated with interexchange carrier access to the resold local exchange lines will be billed by, and due to, BellSouth. No additional charges are to be assessed to Birch
7.10 BellSouth will not perform billing and collection services for Birch as a result of the execution of this Agreement. All requests for billing services should be referred to the appropriate entity or operational group within BellSouth.
7.11 In general, BellSouth will not become involved in disputes between Birch and Birch's end user customers over resold services. If a dispute does arise that cannot be settled without the involvement of BellSouth, Birch shall contact the designated Service Center for resolution. BellSouth will make every effort to assist in the resolution of the dispute and will work with Birch to resolve the matter in as timely a manner as possible. Birch may be required to submit documentation to substantiate the claim.
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 Birch's end user on behalf of, and at the request of, Birch. Upon restoration of the end user's service, restoral charges will apply and will be the responsibility of Birch.
8.1.2 At the request of Birch, BellSouth will disconnect a Birch end user customer.
8.1.3 All requests by Birch for denial or disconnection of an end user for nonpayment must be in writing.
8.1.4 Birch will be made solely responsible for notifying the 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 Birch 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 Birch and/or the end user against any claim, loss or damage arising from providing this information to Birch. It is the responsibility of Birch to take the corrective action necessary with its end users who make annoying calls. Failure to do so will result in BellSouth’s disconnecting the end user’s 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 Birch 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 Birch of the rules and regulations of BellSouth’s Tariffs.
8.2.2 If payment of account is not received by the xxxx xxx in the month after the original xxxx xxx, BellSouth may provide written notice to Birch, that additional applications for service will be refused and that any pending orders for service will not be completed if payment is not received by the fifteenth day following the date of the notice. In addition BellSouth may, at the same time, give thirty days notice to the person designated by Birch to receive notices of noncompliance, and discontinue the provision of existing services to Birch at any time thereafter.
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 Birch's noncompliance continues, nothing contained herein shall preclude BellSouth’s right to discontinue the provision of the services to Birch without further notice.
8.2.5 If payment is not received or arrangements made for payment by the date given in the written notification, Birch's services will be discontinued. Upon discontinuance of service on a Birch's account, service to Birch's end users will be denied. BellSouth will also reestablish service at the request of the end user or Birch upon payment of the appropriate connection fee and subject to BellSouth's normal application procedures. Birch 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 Birch Account Manager stating requested activation date.
10. RAO Hosting
10.1 The RAO Hosting Agreement is included in this Attachment as Exhibit D. Rates for BellSouth’s Centralized Message Distribution System (CMDS) are as set forth in Exhibit H of this Attachment.
10.2 BellSouth will provide RAO Hosting upon written request to its Account Manager stating requested activation date.
11. Optional Daily Usage File (ODUF)
11.1 The Optional Daily Usage File (ODUF) Agreement with terms and conditions is included in this Attachment as Exhibit E. Rates for ODUF are as set forth in Exhibit H of this Attachment.
11.2 BellSouth will provide Optional Daily Usage File (ODUF) service upon written request to its Account Manager stating requested activation date.
12. Enhanced Optional Daily Usage File (EODUF)
12.1 The Enhanced Optional Daily Usage File (EODUF) service Agreement with terms and conditions is included in this Attachment as Exhibit F. Rates for EODUF are as set forth in Exhibit H of this Attachment.
12.2 BellSouth will provide Enhanced Optional Daily Usage File (EODUF) service upon written request to its Account Manager stating requested activation date.
The telecommunications services available for purchase by Birch for the purposes of resale to Birch end users shall be available at the following discount off of the retail rate. If Birch cancels an order for telecommunications services for the purpose of resale, any costs incurred by BellSouth in conjunction with the provisioning of that order will be recovered in accordance with the applicable sections of the GSST and the PLST.
* When a CLEC provides Resale service in a cross boundary area (areas that are part of the local serving area of another state’s exchange) the rates, regulations and discounts for the tariffing state will apply. Billing will be from the serving state.
** In Tennessee, if a CLEC provides its own operator services and directory services, the discount shall be 21.56%. CLEC must provide written notification to BellSouth within 30 days prior to providing its own operator services and directory services to qualify for the higher discount rate of 21.56%.
*** Unless noted in this column, the discount for Business will be the applicable discount rate for CSAs.
OPERATIONAL SUPPORT SYSTEMS (OSS) RATES
BellSouth has developed and made available the following mechanized systems by which Birch may submit LSRs electronically.
LENS Local Exchange Navigation System EDI Electronic Data Interchange
TAG Telecommunications Access Gateway
LSRs submitted by means of one of these interactive interfaces will incur an OSS electronic ordering charge as specified in the Table below An individual LSR will be identified for billing purposes by its Purchase Order Number (PON). LSRs submitted by means other than one of these interactive interfaces (mail, fax, courier, etc.) will incur a manual order charge as specified in the table below:
OPERATIONAL SUPPORT SYSTEMS (OSS) RATES
Per LSR received from the CLEC by one of the OSS interactive interfaces
Per LSR received from the CLEC by means other than one of the OSS interactive interfaces
OSS LSR Charge
Note: In addition to the OSS charges, applicable discounted service order and related discounted charges apply per the tariff.
Denial/Restoral OSS Charge
In the event Birch provides a list of customers to be denied and restored, rather than an LSR, each location on the list will require a separate PON and, therefore will be billed as one LSR per location.
Cancellation OSS Charge
Birch will incur an OSS charge for an accepted LSR that is later canceled by Birch.
Note: Supplements or clarifications to a previously billed LSR will not incur another OSS charge.
Threshold Billing Plan
The Parties agree that Birch will incur the mechanized rate for all LSRs, both mechanized and manual, if the percentage of mechanized LSRs to total LSRs meets or exceeds the threshold percentages shown below:
Year Ratio: Mechanized/Total LSRs 2000 80%
The threshold plan will be discontinued in 2002.
BellSouth will track the total LSR volume for each CLEC for each quarter. At the end of that time period, a Percent Electronic LSR calculation will be made for that quarter based on the LSR data tracked in the LCSC. If this percentage exceeds the threshold volume, all of that CLECs’ future manual LSRs will be billed at the mechanized LSR rate. To allow time for obtaining and analyzing the data and updating the billing system, this billing change will take place on the first day of the second month following the end of the quarter (e.g. May 1 for 1Q, Aug 1 for 2Q, etc.). There will be no adjustments to the amount billed for previously billed LSRs.
Type of Service
Services (Note 1)
Promotions - > 90
Promotions - < 90
Days (Note 2)
AdWatchSM Svc (See
End User Line Charge – Number
Public Telephone Access Service (PTAS)
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 Birch and pursuant to which BellSouth, its LIDB customers and Birch shall have access to such information. Birch 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 Birch, 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 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 Birch of fraud alerts so that Birch may take action it deems appropriate. Birch understands and agrees BellSouth will administer all data stored in the LIDB, including the data provided by Birch pursuant to this Agreement, in the same manner as BellSouth’s data for BellSouth’s end user customers. BellSouth shall not be responsible to Birch 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.
Birch understands that BellSouth currently has in effect numerous billing and collection agreements with various interexchange carriers and billing clearing houses. Birch 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, Birch 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 Birch’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 Birch’s data from BellSouth’s data and the Parties to this Agreement execute appropriate amendments hereto, the following terms and conditions shall apply:
(a) Birch agrees that it will accept responsibility for telecommunications services billed by BellSouth for its billing and collection customers for Birch’s end user accounts which are resident in LIDB pursuant to this Agreement. Birch authorizes BellSouth to place such charges on Birch’s xxxx from BellSouth and agrees that it shall pay all such charges. Charges for which Birch 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) Birch shall have the responsibility to render a billing statement to its end users for these charges, but Birch’s obligation to pay BellSouth for the charges billed shall be independent of whether Birch is able or not to collect from Birch’s end users.
(d) BellSouth shall not become involved in any disputes between Birch and the entities for which BellSouth performs billing and collection. BellSouth will not issue adjustments for charges billed on behalf of an entity to Birch. It shall be the responsibility of Birch 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
X. Xxxxx will not be charged a fee for storage services provided by BellSouth to Birch, 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 Birch. Birch shall have the right to have BellSouth contest with the imposing jurisdiction, at Birch’s expense, any such taxes that Birch deems are improperly levied.
To the extent not prohibited by law, each Party will indemnify the other and hold the other harmless against any loss, cost, claim, injury, or liability relating to or arising out of negligence or willful misconduct by the indemnifying Party or its agents or contractors in connection with the indemnifying Party’s provision of services, provided, however, that any indemnity for any loss, cost, claim, injury or liability arising out of or relating to errors or omissions in the provision of services under this
Agreement shall be limited as otherwise specified in this Agreement. The indemnifying Party under this Section agrees to defend any suit brought against the other Party for any such loss, cost, claim, injury or liability. The indemnified Party agrees to notify the other Party promptly, in writing, of any written claims, lawsuits, or demands for which the other Party is responsible under this Section and to cooperate in every reasonable way to facilitate defense or settlement of claims. The indemnifying Party shall not be liable under this Section for settlement by the indemnified Party of any claim, lawsuit, or demand unless the defense of the claim, lawsuit, or demand has been tendered to it in writing and the indemnifying Party has unreasonably failed to assume such defense.
V. LIMITATION OF LIABILITY
Neither Party shall be liable to the other Party for any lost profits or revenues or for any indirect, incidental or consequential damages incurred by the other Party arising from this Agreement or the services performed or not performed hereunder, regardless of the cause of such loss or damage.
A. It is understood and agreed to by the Parties that BellSouth may provide similar services to other companies.
B. All terms, conditions and operations under this Agreement shall be performed in accordance with, and subject to, all applicable local, state or federal legal and regulatory tariffs, rulings, and other requirements of the federal courts, the U. S. Department of Justice and state and federal regulatory agencies. Nothing in this Agreement shall be construed to cause either Party to violate any such legal or regulatory requirement and either Party’s obligation to perform shall be subject to all such requirements.
X. Xxxxx agrees to submit to BellSouth all advertising, sales promotion, press releases, and other publicity matters relating to this Agreement wherein BellSouth’s corporate or trade names, logos, trademarks or service marks or those of BellSouth’s affiliated companies are mentioned or language from which the connection of said names or trademarks therewith may be inferred or implied; and Birch further agrees not to publish or use advertising, sales promotions, press releases, or publicity matters without BellSouth’s prior written approval.
D. This Agreement constitutes the entire Agreement between Birch and BellSouth which supersedes all prior Agreements or contracts, oral or written representations, statements, negotiations, understandings, proposals and undertakings with respect to the subject matter hereof.
E. Except as expressly provided in this Agreement, if any part of this Agreement is held or construed to be invalid or unenforceable, the validity of any other Section of this Agreement shall remain in full force and effect to the extent permissible or appropriate in furtherance of the intent of this Agreement.
F. Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement for any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
G. This Agreement shall be deemed to be a contract made under the laws of the State of Georgia, and the construction, interpretation and performance of this Agreement and all transactions hereunder shall be governed by the domestic law of such State.
TO LINE INFORMATION DATA BASE (LIDB) STORAGE AGREEMENT
This is a Resale Addendum to the Line Information Data Base Storage Agreement dated
, 2000, between BellSouth Telecommunications, Inc. (“BellSouth”), and Birch (“Birch”), effective the day of , 2000.
This Addendum sets forth the terms and conditions for Birch’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 Birch, 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 SPNP arrangement.
C. 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 Birch.
G. 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.
I. Billing number information - information about billing number or Calling Card number as assigned by BellSouth and toll billing exception indicator provided to BellSouth by the Birch.
III. RESPONSIBILITIES OF PARTIES
A. BellSouth will include billing number information associated with resold exchange lines or SPNP arrangements in its LIDB. The Birch 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 Birch. BellSouth will not issue line-based calling cards in the name of Birch’s individual end users. In the event that Birch wants to include calling card numbers assigned by the Birch 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 the Birch has identified the billing number as one which should not be billed for collect or third number calls, or both.
1. RAO Hosting, Calling Card and Third Number Settlement System (CATS) and Non- Intercompany Settlement System (NICS) services provided to Birch by BellSouth will be in accordance with the methods and practices regularly adopted and applied by BellSouth to its own operations during the term of this Agreement, including such revisions as may be made from time to time by BellSouth.
2. Birch shall furnish all relevant information required by BellSouth for the provision of RAO Hosting, CATS and NICS.
3. Applicable compensation amounts will be billed by BellSouth to Birch on a monthly basis in arrears. Amounts due from one Party to the other (excluding adjustments) are payable within thirty (30) days of receipt of the billing statement.
4. Birch must have its own unique RAO code. Requests for establishment of RAO status where BellSouth is the selected Centralized Message Distribution System (CMDS) interfacing host, require written notification from Birch to the BellSouth RAO Hosting coordinator at least eight (8) weeks prior to the proposed effective date. The proposed effective date will be mutually agreed upon between the Parties with consideration given to time necessary for the completion of required Telcordia (formerly BellCore) functions. BellSouth will request the assignment of an RAO code from its connecting contractor, currently Telcordia (formerly BellCore), on behalf of Birch and will coordinate all associated conversion activities.
5. BellSouth will receive messages from Birch that are to be processed by BellSouth, another LEC or CLEC in the BellSouth region or a LEC outside the BellSouth region.
6. BellSouth will perform invoice sequence checking, standard EMI format editing, and balancing of message data with the EMI trailer record counts on all data received from Birch.
7. All data received from Birch that is to be processed or billed by another LEC or CLEC within the BellSouth region will be distributed to that LEC or CLEC in accordance with the agreement(s) which may be in effect between BellSouth and the involved LEC or CLEC.
8. All data received from Birch that is to be placed on the CMDS network for distribution outside the BellSouth region will be handled in accordance with the agreement(s) which may be in effect between BellSouth and its connecting contractor (currently Telcordia (formerly BellCore)).
9. BellSouth will receive messages from the CMDS network that are destined to be processed by Birch and will forward them to Birch on a daily basis.
10. Transmission of message data between BellSouth and Birch will be via CONNECT:Direct.
11. All messages and related data exchanged between BellSouth and Birch will be formatted in accordance with accepted industry standards for EMI formatted records and packed between appropriate EMI header and trailer records, also in accordance with accepted industry standards.
12. Birch will ensure that the recorded message detail necessary to recreate files provided to BellSouth will be maintained for back-up purposes for a period of three (3) calendar months beyond the related message dates.
13. Should it become necessary for Birch to send data to BellSouth more than sixty (60) days past the message date(s), Birch will notify BellSouth in advance of the transmission of the data. If there will be impacts outside the BellSouth region, BellSouth will work with its connecting contractor and Birch to notify all affected Parties.
14. In the event that data to be exchanged between the two Parties should become lost or destroyed, both Parties will work together to determine the source of the problem. Once the cause of the problem has been jointly determined and the responsible Party (BellSouth or Birch) identified and agreed to, the company responsible for creating the data (BellSouth or Birch) will make every effort to have the affected data restored and retransmitted. If the data cannot be retrieved, the responsible Party will be liable to the other Party for any resulting lost revenue. Lost revenue may be a combination of revenues that could not be billed to the end users and associated access revenues. Both Parties will work together to estimate the revenue amount based upon historical data through a method mutually agreed upon. The resulting estimated revenue loss will be paid by the responsible Party to the other Party within three (3) calendar months of the date of problem resolution, or as mutually agreed upon by the Parties.
15. Should an error be detected by the EMI format edits performed by BellSouth on data received from Birch, the entire pack containing the affected data will not be processed by BellSouth. BellSouth will notify Birch of the error condition. Birch will correct the error(s) and will resend the entire pack to BellSouth for processing. In the event that an out-of-sequence condition occurs on subsequent packs, Birch will resend these packs to BellSouth after the pack containing the error has been successfully reprocessed by BellSouth.
16. In association with message distribution service, BellSouth will provide Birch with associated intercompany settlements reports (CATS and NICS) as appropriate.
17. In no case shall either Party be liable to the other for any direct or consequential damages incurred as a result of the obligations set out in this agreement.
18. RAO Compensation
18.1 Rates for message distribution service provided by BellSouth for Birch are as set forth in Exhibit A to this Attachment.
18.2 Rates for data transmission associated with message distribution service are as set forth in Exhibit A to this Attachment .
18.3 Data circuits (private line or dial-up) will be required between BellSouth and Birch for the purpose of data transmission. Where a dedicated line is required, Birch will be responsible for ordering the circuit, overseeing its installation and coordinating the installation with BellSouth. Birch will also be responsible for any charges associated with this line. Equipment required on the BellSouth end to attach the line to the mainframe computer and to transmit successfully ongoing will be negotiated on a case by case basis. Where a dial-up facility is required, dial circuits will be installed in the BellSouth data center by BellSouth and the associated charges assessed to Birch. Additionally, all message toll charges associated with the use of the dial circuit by Birch will be the responsibility of Birch. Associated equipment on the BellSouth end, including a modem, will be negotiated on a case by case basis between the Parties.
18.4 All equipment, including modems and software, that is required on the Birch end for the purpose of data transmission will be the responsibility of Birch.
19. Intercompany Settlements Messages
19.1 This Section addresses the settlement of revenues associated with traffic originated from or billed by Birch as a facilities based provider of local exchange telecommunications services outside the BellSouth region. Only traffic that originates in one Xxxx operating territory and bills in another Xxxx operating territory is included. Traffic that originates and bills within the same Xxxx operating territory will be settled on a local basis between Birch and the involved company(ies), unless that company is participating in NICS.
19.2 Both traffic that originates outside the BellSouth region by Birch and is billed within the BellSouth region, and traffic that originates within the BellSouth region and is billed outside the BellSouth region by Birch, is covered by this Agreement (CATS). Also covered is traffic that either is originated by or billed by Birch, involves a company other than Birch, qualifies for inclusion in the CATS settlement, and is not originated or billed within the BellSouth region (NICS).
19.3 Once Birch is operating within the BellSouth territory, revenues associated with calls originated and billed within the BellSouth region will be settled via Telcordia (formerly BellCore)’s, its successor or assign, NICS system.
19.4 BellSouth will receive the monthly NICS reports from Telcordia (formerly BellCore), its successor or assign, on behalf of Birch. BellSouth will distribute copies of these reports to Birch on a monthly basis.
19.5 BellSouth will receive the monthly Calling Card and Third Number Settlement System (CATS) reports from Telcordia (formerly BellCore), its successor or assign, on behalf of Birch. BellSouth will distribute copies of these reports to Birch on a monthly basis.
19.6 BellSouth will collect the revenue earned by Birch from the Xxxx operating company in whose territory the messages are billed (CATS), less a per message billing and collection fee of five cents ($0.05), on behalf of Birch. BellSouth will remit the revenue billed by Birch to the Xxxx operating company in whose territory the messages originated, less a per message billing and collection fee of five cents ($0.05), on behalf on Birch. These two amounts will be netted together by BellSouth and the resulting charge or credit issued to Birch via a monthly Carrier Access Billing System (CABS) miscellaneous xxxx.
19.7 BellSouth will collect the revenue earned by Birch within the BellSouth territory from another CLEC also within the BellSouth territory (NICS) where the messages are billed, less a per message billing and collection fee of five cents ($0.05), on behalf of Birch. BellSouth will remit the revenue billed by Birch within the BellSouth region to the CLEC also within the BellSouth region, where the messages originated, less a per message billing and collection fee of five cents ($0.05). These two amounts will be netted together by BellSouth and the resulting charge or credit issued to Birch via a monthly Carrier Access Billing System (CABS) miscellaneous xxxx.
BellSouth and Birch agree that monthly netted amounts of less than fifty dollars ($50.00) will not be settled.
Optional Daily Usage File
1. Upon written request from Birch, BellSouth will provide the Optional Daily Usage File (ODUF) service to Birch pursuant to the terms and conditions set forth in this section.
2 . Birch shall furnish all relevant information required by BellSouth for the provision of the Optional Daily Usage File.
3. The Optional Daily Usage Feed will contain billable messages that were carried over the BellSouth Network and processed in the BellSouth Billing System, but billed to a Birch customer.
Charges for delivery of the Optional Daily Usage File will appear on Birchs’ monthly bills. The charges are as set forth in Exhibit A to this Attachment.
4. The Optional Daily Usage Feed will contain both rated and unrated messages. All messages will be in the standard Alliance for Telecommunications Industry Solutions (ATIS) EMI record format.
5. Messages that error in Birch’s billing system will be the responsibility of Birch. If, however, Birch should encounter significant volumes of errored messages that prevent processing by Birch within its systems, BellSouth will work with the to determine the source of the errors and the appropriate resolution.
6. The following specifications shall apply to the Optional Daily Usage Feed.
6.1 Usage To Be Transmitted
6.1.1 The following messages recorded by BellSouth will be transmitted to Birch:
- Message recording for per use/per activation type services (examples: Three Way Calling, Verify, Interrupt, Call Return, ETC.)
- Measured billable Local
- Directory Assistance messages
- IntraLATA Toll
- WATS & 800 Service
- Information Service Provider Messages
- Operator Services Messages
- Operator Services Message Attempted Calls (UNE only)
- Credit/Cancel Records
- Usage for Voice Mail Message Service
6.1.2 Rated Incollects (originated in BellSouth and from other companies) can also be on Optional Daily Usage File. Rated Incollects will be intermingled with BellSouth recorded rated and unrated usage. Rated Incollects will not be packed separately.
6.1.3 BellSouth will perform duplicate record checks on records processed to Optional Daily Usage File. Any duplicate messages detected will be deleted and not sent to Birch.
6.1.4 In the event that Birch detects a duplicate on Optional Daily Usage File they receive from BellSouth, Birch will drop the duplicate message (Birch will not return the duplicate to BellSouth).
6.2 Physical File Characteristics
6.2.1 The Optional Daily Usage File will be distributed to Birch via an agreed medium with CONNECT:Direct being the preferred transport method. The Daily Usage Feed will be a variable block format (2476) with an LRECL of 2472. The data on the Daily Usage Feed will be in a non-compacted EMI format (175 byte format plus modules). It will be created on a daily basis (Monday through Friday except holidays). Details such as dataset name and delivery schedule will be addressed during negotiations of the distribution medium. There will be a maximum of one dataset per workday per OCN.
6.2.2 Data circuits (private line or dial-up) may be required between BellSouth and Birch for the purpose of data transmission. Where a dedicated line is required, Birch will be responsible for ordering the circuit, overseeing its installation and coordinating the installation with BellSouth. Birch will also be responsible for any charges associated with this line. Equipment required on the BellSouth end to attach the line to the mainframe computer and to transmit successfully ongoing will be negotiated on a case by case basis. Where a dial-up facility is required, dial circuits will be installed in the BellSouth data center by BellSouth and the associated charges assessed to Birch. Additionally, all message toll charges associated with the use of the dial circuit by Birch will be the responsibility of Birch. Associated equipment on the BellSouth end, including a modem, will be negotiated on a case by case basis between the parties.
All equipment, including modems and software, that is required on Birch end for the purpose of data transmission will be the responsibility of Birch.
6.3 Packing Specifications
6.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.
6.3.2 The OCN, From RAO, and Invoice Number will control the invoice sequencing. The From RAO will be used to identify to Birch which BellSouth RAO that is sending the message. BellSouth and Birch will use the invoice sequencing to control data exchange. BellSouth will be notified of sequence failures identified by Birch and resend the data as appropriate.
THE DATA WILL BE PACKED USING ATIS EMI RECORDS.
6.4 Pack Rejection
6.4.1 Birch will notify BellSouth within one business day of rejected packs (via the mutually agreed medium). Packs could be rejected because of pack sequencing discrepancies or a critical edit failure on the Pack Header or Pack Trailer records (i.e. out-of-balance condition on grand totals, invalid data populated). Standard ATIS EMI Error Codes will be used. Birch will not be required to return the actual rejected data to BellSouth. Rejected packs will be corrected and retransmitted to Birch by BellSouth.
6.5 Control Data
Birch will send one confirmation record per pack that is received from BellSouth. This confirmation record will indicate Birch received the pack and the acceptance or rejection of the pack. Pack Status Code(s) will be populated using standard ATIS EMI error codes for packs that were rejected by Birch for reasons stated in the above section.
6.6.1 Upon request from Birch, BellSouth shall send test files to Birch for the Optional Daily Usage File. The parties agree to review and discuss the file’s content and/or format. For testing of usage results, BellSouth shall request that Birch set up a production (LIVE) file. The live test may consist of Birch’s employees making test calls for the types of services Birch requests on the Optional Daily Usage File. These test calls are logged by Birch, and the logs are provided to BellSouth. These logs will be used to verify the files. Testing will be completed within 30 calendar days from the date on which the initial test file was sent.
Enhanced Optional Daily Usage File
1. Upon written request from Birch, BellSouth will provide the Enhanced Optional Daily Usage File (EODUF) service to Birch pursuant to the terms and conditions set forth in this section. EODUF will only be sent to existing ODUF subscribers who request the EODUF option.
2. The Birch shall furnish all relevant information required by BellSouth for the provision of the Enhanced Optional Daily Usage File.
3. The Enhanced Optional Daily Usage File (EODUF) will provide usage data for local calls originating from resold Flat Rate Business and Residential Lines.
4. Charges for delivery of the Enhanced Optional Daily Usage File will appear on Birchs’ monthly bills. The charges are as set forth in Exhibit A to this Attachment.
5. All messages will be in the standard Alliance for Telecommunications Industry Solutions (ATIS) EMI record format.
6. Messages that error in the billing system of Birch will be the responsibility of Birch. If, however, Birch should encounter significant volumes of errored messages that prevent processing by Birch within its systems, BellSouth will work with Birch to determine the source of the errors and the appropriate resolution.
7. The following specifications shall apply to the Optional Daily Usage Feed.
7.1 Usage To Be Transmitted
7.1.1 The following messages recorded by BellSouth will be transmitted to Birch:
Customer usage data for flat rated local call originating from Birch’s end user lines (1FB or 1FR). The EODUF record for flat rate messages will include:
Date of Call From Number To Number Connect Time
Conversation Time Method of Recording From RAO
Rate Class Message Type Billing Indicators Xxxx to Number
7.1.2 BellSouth will perform duplicate record checks on EODUF records processed to Optional Daily Usage File. Any duplicate messages detected will be deleted and not sent to Birch.
7.1.3 In the event that Birch detects a duplicate on Enhanced Optional Daily Usage File they receive from BellSouth, Birch will drop the duplicate message (Birch will not return the duplicate to BellSouth).
7.2 Physical File Characteristics
7.2.1 The Enhanced Optional Daily Usage Feed will be distributed to Birch over their existing Optional Daily Usage File (ODUF) feed. The EODUF messages will be intermingled among Birch’s Optional Daily Usage File (ODUF) messages. The EODUF will be a variable block format (2476) with an LRECL of 2472. The data on the EODUF will be in a non-compacted EMI format (175 byte format plus modules). It will be created on a daily basis (Monday through Friday except holidays).
7.2.2 Data circuits (private line or dial-up) may be required between BellSouth and Birch for the purpose of data transmission. Where a dedicated line is required, Birch will be responsible for ordering the circuit, overseeing its installation and coordinating the installation with BellSouth. Birch will also be responsible for any charges associated with this line. Equipment required on the BellSouth end to attach the line to the mainframe computer and to transmit successfully ongoing will be negotiated on a case by case basis. Where a dial-up facility is required, dial circuits will be installed in the BellSouth data center by BellSouth and the associated charges assessed to Birch. Additionally, all message toll charges associated with the use of the dial circuit by Birch will be the responsibility of Birch. Associated equipment on the BellSouth end, including a modem, will be negotiated on a case by case basis between the parties.
All equipment, including modems and software, that is required on Birch’s end for the purpose of data transmission will be the responsibility of Birch.
7.3 Packing Specifications
7.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.
7.3.2 The Operating Company Number (OCN), From Revenue Accounting Office (RAO), and Invoice Number will control the invoice sequencing. The From RAO will be used to identify to Birch which BellSouth RAO that is sending the message. BellSouth and Birch will use the invoice sequencing to control data exchange. BellSouth will be notified of sequence failures identified by Birch and resend the data as appropriate.
THE DATA WILL BE PACKED USING ATIS EMI RECORDS.
Exhibit G Rates - Page 1
RATES BY STATE
ODUF: Recording, per message
ODUF: Message Processing, per message
EODUF: Message Processing, per message
CMDS: Message Processing, per message
ODUF: Message Processing, per magnetic tape provisioned
EODUF: Message Processing, per magnetic tape provisioned
ODUF: Data Transmission (CONNECT:DIRECT), per message
EODUF: Data Transmission (CONNECT:DIRECT), per message
CMDS: Data Transmission (CONNECT:DIRECT), per message
* Volume and term arrangements are also available.
If no rate is identified in the contract, the rate for the specific service or function will be as set forth in applicable BellSouth tariff or as negotiated by the parties upon request by either party.
Network Elements and Other Services
TABLE OF CONTENTS
1. INTRODUCTION 3
2. UNBUNDLED LOOPS, INTEGRATED DIGITAL LOOP CARRIERS, NETWORK INTERFACES DEVICE, UNBUNDLED LOOP CONCENTRATION (ULC) SYSTEM, SUB LOOPS AND DARK FIBER 5
3. SWITCHING 30
4. ENHANCED EXTENDED LINK 42
5. PORT/LOOP COMBINATIONS 4346
6 TRANSPORT AND DARK FIBER 48
7 BELLSOUTH SWA 8XX TOLL FREE DIALING TEN DIGIT SCREENING SERVICE 55
8 LINE INFORMATION DATABASE (LIDB) 57
9 SIGNALING 60
10. OPERATOR CALL PROCESSING, INWARD OPERATOR SERVICES AND DIRECTORY ASSISTANCE SERVICES 69
11. CALLING NAME (CNAM) DATABASE SERVICE 76
12. BASIC 911 AND E911 75
13. TRUE-UP 79
LIDB Storage Agreement… Exhibit A
CNAM Database Services… Exhibit B
Rates Exhibit C
ACCESS TO NETWORK ELEMENTS AND OTHER SERVICES
1.1. This Attachment sets forth the unbundled network elements and combinations of unbundled network elements that BellSouth agrees to offer to Birch in accordance with its obligations under Section 251(c)(3) of the Act. The specific terms and conditions that apply to the unbundled network elements are described below in this Attachment 2. The price for each unbundled network element and combination of unbundled Network Elements are set forth in Exhibit A of this Agreement.
1.2. For purposes of this Agreement, “Network Element” is defined to mean a facility or equipment provided by BellSouth on an unbundled basis as is used by the CLEC in the provision of a telecommunications service. BellSouth will make available to Birch access to unbundled network elements consistent with the requirements of 47
C.F.R. § 319. For purposes of this Agreement, combinations of Network Elements shall be referred to as “Combinations.”
1.2.1. Except as otherwise required by law, BellSouth shall not impose limitation restrictions or requirements or request for the use of the network elements or combinations that would impair the ability of Birch to offer telecommunications service in the manner Birch intends.
1.2.2. Except upon request by Birch, BellSouth shall not separate requested network elements that BellSouth currently combines.
184.108.40.206. Unless otherwise ordered by an appropriate state or federal regulatory agency, currently combined Network Elements are defined as elements that are already combined within BellSouth's network to a given location.
1.3. BellSouth shall, upon request of Birch, and to the extent technically feasible, provide to Birch access to its network elements for the provision of Birch’s telecommunications service. If no rate is identified in the contract, the rate for the specific service or function will be as set forth in applicable BellSouth tariff or as negotiated by the Parties upon request by either Party.
1.4. Birch may purchase network elements and other services from BellSouth for the purpose of combining such network elements in any manner Birch chooses to provide telecommunication services to its intended users, including recreating existing BellSouth services. With the exception of the sub-loop elements which are located outside of the central office, BellSouth shall deliver the network elements purchased
by Birch for combining to the designated Birch collocation space. The network elements shall be provided as set forth in this Attachment.
1.5. Subject to applicable and effective FCC Rules and Orders as well as effective State Commission Orders, BellSouth will offer combinations of network elements pursuant to such orders. In addition to the combinations of Network Elements described in Section 4 & 5 of this Attachment, BellSouth will provide the following combinations for purchase by Birch. The rate of the following combinations is the sum of the individual element prices as set forth in this Attachment. Order Coordination as defined in Section 2 of Attachment 2 of this Agreement is available for each of these combinations:
• SL2 loop and cross connect
• Port and cross connect
• Port and cross connect and common (shared) transport
• Port and vertical features
• XX0 Xxxx with loop concentration
• Port and common (shared) transport
• SL2 Loop and LNP
1.6. In the event that any effective legislative, regulatory, judicial or other legal action 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.
1.8. Birch will adopt and adhere to the standards contained in the applicable CLEC Work Center Operational Understanding Agreement regarding maintenance and installation of service.
1.9. Standards for Network Elements
1.9.1 BellSouth shall comply with the requirements set forth in the technical references, as well as any performance or other requirements identified in this Agreement, to the extent that they are consistent with the greater of BellSouth’s actual performance or applicable industry standards.
1.9.2 If one or more of the requirements set forth in this Agreement are in conflict, the parties shall mutually agree on which requirement shall apply. If the parties cannot
reach agreement, the dispute resolution process set forth in Section 12 of the General Terms and Conditions of this Agreement, incorporated herein by this reference, shall apply.
2. Unbundled Loops, Integrated Digital Loop Carriers, Network Interfaces Device, Unbundled Loop Concentration (ULC) System, Sub loops and Dark Fiber
All of the negotiated rates, terms and conditions set forth in this Section pertain to the provision of unbundled loops.
2.1 Unbundled Loops
2.1.2 The local loop network element (“Loop(s)”) is defined as a transmission facility between a distribution frame (or its equivalent) in BellSouth’s central office and the loop demarcation point at an end-user customer premises, including inside wire owned by BellSouth. The local loop network element includes all features, functions, and capabilities of the transmission facilities, including dark fiber and attached electronics (except those used for the provision of advanced services, such as Digital Subscriber Line Access Multiplexers) and line conditioning. The loop shall include the use of all test access functionality, including without limitation, smart jacks (where deployed) , for both voice and data.
2.1.3 For stand alone loops, the provisioning of service to a CLEC’s collocation space 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. These cross-connects are a separate network component and are not considered a part of the loop.
2.1.4 BellSouth Order Coordination referenced in Attachment 2 includes two types: “Order Coordination” and “Order Coordination - Time Specific.”
2.1.5 “Order Coordination” refers to standard BellSouth service order coordination involving SL2 voice loops and all digital loops. Order coordination for physical conversions will be scheduled at BellSouth’s discretion during normal working hours on the committed due date and Birch advised.
220.127.116.11 “Order Coordination – Time Specific” refers to service order coordination in which Birch 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. Birch may specify a time between 9:00 a.m. and 4:00 p.m. (location time) Monday through Friday (excluding holidays). If Birch 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. 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.
2.1.6 Cut-Over process
For a coordinated conversion i.e. stand alone ILNP, ILNP and LNP with loop or stand alone loop where order coordination is provided for in this agreement, BellSouth shall verbally coordinate the disconnect with Birch and perform any switch translations so as to limit end user service outage. BellSouth and Birch will mutually agree upon a cutover time 24 to 48 hours prior to the actual conversion. Birch may designate the conversion time when the conversion involves a loop with ILNP or LNP by ordering time specific conversion at rates designated in this agreement. For time specific conversions, BellSouth will verify the cut-over time designated by Birch 24 to 48 hours in advance to ensure that the conversion is to be completed as ordered. If BellSouth fails to complete a time specific conversion ordered by Birch, BellSouth will, upon completion of the conversion and if requested by Birch, waive the non- recurring OC-TS charges. Both parties will use best efforts to ensure mutually agreed to conversion times, as identified in this paragraph, will commence within 30 minutes of the agreed time.
BellSouth’s normal hours of operation are defined in Attachment 6.0. Provisioning outside of these hours will be billed at overtime rates for the number of employees supporting the after hours conversion.
BellSouth will perform the appropriate preservice tests to ensure Birch dial tone is delivered to the appropriate connecting point. The timing of the test is based on the overall interval of the service being provisioned. Under normal intervals, testing is normally completed 24 hours in advance of the conversion. BellSouth testing activities on the due date will include continunity tests and Birch dial tone and telephone number delivery from the Birch collocation to the BellSouth cable pair. In any event, BellSouth will advise Birch when ever connectivity cannot be verified with Birch and will work cooperatively with Birch to correct the problem. BellSouth will advise Birch at completion of the conversion or turn up of new services in order for Birch to accept or reject the services being provisioned. BellSouth will work cooperatively with Birch to ensure end user service outage is minimal.
Where a field visit is required to provision the loop, BellSouth will test the loop ordered by Birch to the NID. Testing requested by Birch to points beyond the NID
will be billed a time and material charge at the same increments BellSouth charges it’s own end users. Requests for field testing where a dispatch is not required may be made by Birch and where mutually agreed to, BellSouth will dispatch to perform additional field testing at rates billed on a time and material basis as mentioned in this paragraph.
Cutover intervals for ILNP, ILNP with loop and LNP with loop will be at parity with the intervals experienced by BellSouth end users, BellSouth itself or any other CLEC as indicated in the results of the Service Quality Measurements published by BellSouth.
BellSouth will use best efforts to complete conversions using the following cutover intervals.
A single loop in 15 minutes
Multiple loop requests up to and including 10 in 60 minutes. Multiple loop requests up to and including 30 in 120 minutes.
Both parties recognize that certain conversions requiring multiple cut points may exceed the above intervals but in any event both parties will work cooperatively to limit service outage to an end user.
BellSouth and Birch will jointly develop additional processes or procedures as the need arises to improve service delivery during the life of the agreement.
2.1.7 For stand-alone loop orders, where facilities are available, BellSouth will install loops within a 5-7 business days interval. 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 Birch, expedite charges will apply for intervals less than 5 days. The charges outlined in BellSouth’s FCC # 1 Tariff, Section 5.1.1, will apply. If Birch 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 FCC #1 Tariff, Section 5.4. The intervals are set forth in the BellSouth Product and Services Interval Guide, subject to General Terms and Conditions Section 25.
2.1.8 If Birch modifies an order after being sent a Firm Order Confirmation (FOC) from BellSouth, except modifications submitted at BellSouth’s request, any costs incurred by BellSouth to accommodate a modification will be reimbursed by Birch.
2.1.9 BellSouth will offer Unbundled Voice Loops (UVL) in two different service levels - Service Level One (SL1) and Service Level Two (SL2).
2.1.10 SL1 loops will be non-designed, will not have test points, and will not come with any Order Coordination (OC) or engineering information/circuit make-up data. Upon issuance of an 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 for its customers. If Birch 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.
2.1.11 SL2 loops shall have test points, with or without conditioning, will be designed with a design layout record provided to Birch, and will be provided with OC. The OC feature will allow Birch 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.
2.1.12 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). Should Birch choose to order preorder Loop Makeup prior to ordering an xDSL capable loop, the provisions in Section 2.10 shall apply. Additional information regarding xDSL capable loops can be found in section 2.11.
2.1.13 As a chargeable option on all loops except UVL-SL1 and UCL, BellSouth will offer Order Coordination - Time Specific (OC-TS). This will allow Birch 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. In the event that multiple LSRs are worked on the same day, at the same location, only one OC-TS charge will apply per day.
2.1.14 Birch will be responsible for testing and isolating troubles on the loops. Once Birch has isolated a trouble to the BellSouth provided loop, Birch will issue a trouble 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.
2.1.15 If Birch reports a trouble on SL1 loops and no trouble actually exists, BellSouth will charge Birch for any dispatching and testing (both inside and outside the CO) required by BellSouth in order to confirm the loop’s working status. In the event that, after a trouble has been reported to BellSouth, Birch dispatches to address a trouble claimed by BellSouth not to be on the BellSouth network when the trouble actually exists on BellSouth’s network, Birch may charge BellSouth on a time and materials basis, for dispatching, provided that such charges do not exceed BellSouth’s tariffed charges for the same services.
2.1.16 If Birch reports a trouble on SL2 loops and no trouble actually exists, BellSouth will charge Birch for any dispatching and testing, (outside the CO) required by BellSouth in order to confirm the loop’s working status. . In the event that, after a trouble has been reported to BellSouth, Birch dispatches to address a trouble claimed by BellSouth not to be on the BellSouth network when the trouble actually exists on BellSouth’s network, Birch may charge BellSouth on a time and materials basis, for dispatching, provided that such charges do not exceed BellSouth’s tariffed charges for the same services.
2.1.17 In addition to the UVLs and UDLs, BellSouth shall make available an Unbundled Copper Loop (UCL). The UCL will be a copper twisted pair loop that is unencumbered by any intervening equipment (e.g., filters, load coils, range extenders, digital loop carrier, or repeaters). The UCL will be offered in two versions - Short and Long. A short UCL (18 kft or less) will be provisioned according to Resistance Design parameters. The long UCL (beyond 18kft) will be used when a CLEC wants to condition copper loops longer than 18kft by removing load coils and other intervening equipment. BellSouth will only ensure electrical continuity and balance relative to tip and ring on UCLs. Additional information regarding xDSL capable loops can be found in section 2.11.
2.1.18 The UCL will be a designed circuit, with or without conditioning, provisioned with a test point and come standard with a DLR. OC will be offered as a chargeable option on all UCL loops. Order Coordination – Time Specific (OC-TS) will not be offered on UCLs.
2.1.19 The UCL is a dry xxxxxx loop and is not intended to support any particular telecommunications service. Birch may use the UCL loop for a variety of services, including xDSL (e.g., ADSL and HDSL) services, by attaching appropriate terminal equipment of Birch’s choosing. Birch will determine the type of service that will be provided over the loop.
2.1.20 Because the UCL loop shall be an unbundled loop offering that is separate and distinct from BellSouth’s ADSL and HDSL capable loop offerings, CLEC agrees that BellSouth’s UCL loop will not be held to the service level and performance expectations that apply to its ADSL and HDSL unbundled loop offerings. BellSouth shall only be obligated to maintain copper continuity and provide balance relative to tip and ring. If a loop contains repeaters, load coils, or excessive bridge tap, Birch, at its option, shall decide whether or not to have BellSouth remove said repeaters, load coils, or excessive bridge tap via the Unbundled Loop Modification Process. Additional information regarding xDSL capable loops can be found in section 2.11.
2.1.21 The UCL loop shall be provided to CLEC in accordance with BellSouth’s Technical Reference 73600.http:///
2.1.22 Technical Requirements
18.104.22.168 To the extent available within BellSouth’s Network at a particular location, BellSouth will offer loops including, but not limited to DS1, DS3, fiber and other high capacity loops. If a requested loop type is not available, then the CLEC can use the Special Construction process to request that BellSouth place facilities or otherwise modify facilities in order to meet Birch’s request.
22.214.171.124 Birch will be responsible for providing BellSouth with a Service Profile Identifier (SPID) associated with a particular ISDN-capable loop and end user. With the SPID, BellSouth will be able to adequately test the circuit and ensure that it properly supports ISDN service.
126.96.36.199 The loop will support the transmission, signaling, performance and interface requirements of the services described in 188.8.131.52 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 Birch will be consistent with industry standards and BellSouth’s TR73600.
184.108.40.206 Birch may utilize the unbundled loops to provide any telecommunication service it wishes. However, BellSouth will only provision, maintain and repair the loops to the standards that are consistent with the type of loop ordered. For example, if Birch orders an ISDN-capable loop but wants to use the loop for a service other than ISDN, BellSouth will only support that the loop is capable of providing ISDN service. For non-service specific loops (e.g. UCL, loops modified by Birch using the Special Construction process), BellSouth will only support that the loop has copper continuity and balanced tip-and-ring.
220.127.116.11 In some instances, Birch will require access to a copper twisted pair loop unfettered by any intervening equipment (e.g., filters, load coils, range extenders, etc.), so that Birch can use the loop for a variety of services by attaching appropriate terminal equipment at the ends. Birch will determine the type of service that will be provided over the loop. In some cases, Birch may be required to pay additional charges for the removal of certain types of equipment. BellSouth’s Special Construction process will be used to determine the costs and feasibility of these activities.
18.104.22.168 Birch may order modifications to any loop type so long as the resulting modified loop still fits the technical parameters for that service specific loop type. In those cases where Birch has requested that BellSouth modify a loop so that it no longer meets the technical parameters for a service specific loop (e.g., voice grade, ISDN, ADSL, etc.) the resulting modified loop will be ordered and maintained as a UCL.
22.214.171.124 If Birch reports a trouble on a conditioned loop, and the loop has continuity and line balancing, BellSouth will charge Birch for any dispatching and testing, (outside the CO) required by BellSouth in order to confirm the loop’s continuity and line balance.
If Birch requests additional testing, BellSouth will cooperate, where resources permit, on a time and material basis. 126.96.36.199 The loop shall be provided to Birch in accordance with BellSouth’s TR73600 Unbundled Local Loop Technical Specification and applicable industry standard technical references.
2.1.23 Universal Digital Channel (UDC) Loop
188.8.131.52 Due to technical limitations associated with certain DLC systems, some ISDN- capable loops that are provisioned using DLC systems may not support IDSL service. Effective with this agreement, BellSouth will no longer reconfigure its ISDN-capable loop to support IDSL service.
184.108.40.206 Instead, BellSouth agrees to offer the Universal Digital Channel (UDC) loop as a part of their Unbundled Digital Loop offerings. The UDC loop is intended to be compatible with IDSL service and has the same physical characteristics and transmission specifications as BellSouth’s ISDN-capable loop. These specifications are listed in BellSouth’s TR73600.
220.127.116.11 Like the ISDN-capable loop, the UDC loop may be provisioned on copper or through a DLC system. However, when UDC loops are provisioned using a DLC system, BellSouth will ensure that they are only provisioned on time slots that are compatible with data-only services such as IDSL.
2.2 Loop Conditioning/Unbundled Loop Modification Process:
2.2.1 Subject to applicable and effective FCC rules and orders, BellSouth shall condition loops, as requested by Birch, whether or not BellSouth offers advanced services to the End User on that loop.
2.2.2 Loop conditioning 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 (e.g. load coils and repeaters).
2.2.3 BellSouth shall recover the cost of line conditioning requested by Birch 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).
2.3. Integrated Digital Loop Carriers
2.3.1 Where BellSouth uses Integrated Digital Loop Carrier (IDLC) systems to provide the local loop and BellSouth has a suitable alternate facility available, BellSouth will make arrangements to permit Birch to order a contiguous local loop. To the extent it is technically feasible, these arrangements will provide Birch with the capability to serve end users at a level that is at parity with the level of service BellSouth provides its customers. 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. Birch will then have the option of paying the one-time SC rates to place the loop facilities or Birch may chose some other method of providing service to the end-user (e.g., Resale, private facilities, etc.).
2.3.2 If Birch requests one or more loops served by an Integrated Digital Loop Carrier system (“IDLC”), BellSouth shall unbundle the IDLC-delivered loop, as soon as practicable, using one of the following alternative arrangements: (1) utilize existing Next Generation Digital Loop Carrier (“NGDLC”) facilities; (2) utilize existing Universal Digital Loop Carrier (“UDLC”); (3) utilize existing copper facilities that serve the distribution area or allocate new copper feeder pairs to the distribution area if spare capacity is available in the feeder route or carrier serving area; (4) utilize spare capacity of existing Integrated Network Access system or other existing IDLC that is terminated on a digital cross-connect system; (5) utilize side-door/hairpin capability of switch peripheral if the serving IDLC is terminated on a peripheral with those capabilities, or if spare capacity is available on a switch peripheral that is capable of side-door/hairpin, move the serving IDLC to the side-door capable peripheral; (6) activate new IDLC or NGDLC capacity to the distribution area; or (7) convert some existing IDLC capacity to UDLC.
These alternative arrangements will be used where available to permit Birch to order a contiguous unbundled local loop and to provide Birch with the capability to serve end users at the same level BellSouth provides its retail customers, to the extent technically feasible. Options 4, 5, and 6 are not applicable for SL-1 loops.
2.3.3 BellSouth will make its best efforts to provide Birch with an unbundled IDLC- delivered loop in the order set forth above, when such alternative arrangements are available. The Parties recognize that BellSouth may reasonably deviate from the order set forth in Section 3.01 in order to unbundled an IDLC-delivered loop, such as to meet a due date, and may change the method by which it is providing an unbundled IDLC-delivered loop to Birch after initial installation. Any such change in the method of providing an unbundled IDLC-delivered loop after initial installation will be coordinated between BellSouth and Birch. The Parties also recognize that the alternative arrangements identified in the above Section are based on existing technology and current regulatory requirements; in the event changes in technology or in BellSouth’s network affect BellSouth’s ability to
continue utilizing such arrangements or BellSouth subsequently agrees or is required to make available other technically feasible alternatives or options for unbundling an IDLC-delivered loop, the Parties agree to amend this Section accordingly.
2.3.4 In the event BellSouth must construct facilities in order to provide Birch with an unbundled IDLC-delivered loop as set forth in options 6 and 7 in the Section above, BellSouth will notify Birch of Birch’s intent to assess Birch special construction charges associated with the cost of provisioning the loop facilities. At such time BellSouth will also notify Birch of the amount of special construction charges and the basis for them. In the event that Birch does not agree with the charges, Birch may follow the Dispute Resolution processes as set forth in this Agreement.
2.3.5 Notwithstanding any dispute concerning the payment of special construction charges, the Parties agree that BellSouth will construct facilities to provide Birch with an unbundled IDLC-delivered loop if there are no other alternative arrangements available and if Birch requests that BellSouth construct such facilities. In such event, Birch agrees to pay BellSouth the special construction charges as originally quoted, with the understanding the Parties will true-up the final amount based on the outcome of the Dispute Resolution process. Because of the time involved in constructing facilities necessary to provide loop facilities to Birch, the Parties agree that any intervals contained in this Agreement applicable to the provisioning of unbundled loops will not apply when alternative facilities do not exist and BellSouth must construct such facilities in order to provide Birch with an unbundled IDLC-delivered loop.
2.3.6 Once a year and upon specific written request for a specific geographical area, Birch may request, and BellSouth will provide Birch at no charge, the following information concerning the location of IDLC on a central office by central office basis in BellSouth’s serving area; (1) the location of loops available over IDLC or NGDLC, when available; and (2) the location of IDLC-delivered loops for which no alternative facility currently exists. To the extent Birch requests this information on a more frequent basis, Birch agrees to reimburse BellSouth the reasonable costs of providing such information.
2.4 Network Interface Device
The NID is defined as any means of interconnection of end-user customer premises wiring to BellSouth’s distribution plant, such as a cross-connect device used for that purpose. The NID is a single-line termination device or that portion of a multiple-line
termination device required to terminate a single line or circuit at the premises. The NID features two independent xxxxxxxx or divisions that separate the service provider’s network from the End User’s on-premises wiring. Each chamber or division contains the appropriate connection points or posts to which the service provider and the End User each make their connections. The NID provides a protective ground connection and is capable of terminating cables such as twisted pair cable.
18.104.22.168 When Birch orders the loop with NIDs, BellSouth will provide both regardless of currently combined or not.
2.4.2. BellSouth shall permit Birch to connect Birch’s loop facilities to on-premises wiring through the BellSouth NID or at any other technically feasible point.
2.4.3 Access to Network Interface Device (NID)
22.214.171.124. Due to the wide variety of NIDs utilized by BellSouth (based on subscriber size and environmental considerations), Birch may access the on-premises wiring by any of the following means: BellSouth shall allow Birch to connect its loops directly to BellSouth’s multi-line residential NID enclosures that have additional space and are not used by BellSouth or any other telecommunications carriers to provide service to the premise. Birch agrees to install compatible protectors and test jacks and to maintain the protection system and equipment and to indemnify BellSouth pursuant to Section 8 of the General Terms and Conditions of this Agreement.
126.96.36.199. Where an adequate length of on-premises wiring is present and environmental conditions permit, either Party may remove the on-premises wiring from the other Party’s NID and connect that wire to that Party’s own NID; or
188.8.131.52. Enter the subscriber access chamber or “side” of “dual chamber” NID enclosures for the purpose of extending a connecterized or spliced jumper wire from the on-premises wiring through a suitable “punch-out” hole of such NID enclosures; or
184.108.40.206. Request BellSouth to make other rearrangements (including moves) to the on- premises wiring terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting Party (i.e., Birch, its agent, the building owner or the subscriber), subject to technical feasibility and property owner approval. Such charges will be billed to the requesting Party.
220.127.116.11. In no case shall either Party remove or disconnect the other Party’s loop facilities from either Party’s NIDs, enclosures, or protectors, without state regulatory requirement, without providing prior notice to the other Party, and without appropriately capping off and guarding the other Party’s loop. In such cases, it shall be the responsibility of the disconnecting party to properly ground the other party’s
loop, maintain the NID, and assume full liability for its action and any adverse consequences.
18.104.22.168. In no case shall either Party remove or disconnect ground wires from BellSouth’s NIDs, enclosures, or protectors.
22.214.171.124. In no case shall either Party remove or disconnect NID modules, protectors, or terminals from BellSouth’s NID enclosures.
126.96.36.199. Due to the wide variety of NID enclosures and outside plant environments BellSouth will work with Birch to develop specific procedures to establish the most effective means of implementing this Section, 2.4.3.
2.4.4 Technical Requirements
188.8.131.52 The NID shall provide an accessible point of interconnection and shall maintain a connection to ground.
184.108.40.206 The NID shall be capable of transferring electrical analog or digital signals between the subscriber’s inside wiring and the Distribution Media and/or cross connect to Birch’s NID, consistent with the NID’s function at the Effective Date of this Agreement.
220.127.116.11 Where a BellSouth NID exists, it is provided in its “as is” condition. Birch may request BellSouth do additional work to the NID in accordance with Section 18.104.22.168.
22.214.171.124 When Birch deploys its own local loops with respect to multiple-line termination devices, Birch shall specify the quantity of NIDs connections that it requires within such device.
2.4.5 Interface Requirements
126.96.36.199 The NID shall be equal to or better than all of the requirements for NIDs set forth in the applicable industry standard technical references.
2.5 Unbundled Loop Concentration (ULC) System
2.5.1 BellSouth will provide to Birch Unbundled 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.
2.5.2 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 Birch at Birch’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.
2.6 Sub-loop Elements
2.6.1 Where facilities permit and subject to applicable and effective FCC rules and orders, BellSouth shall offer access to its Unbundled Sub Loop (USL), Unbundled Subloop Concentration (USLC) System and Unbundled Network Terminating Wire (UNTW) elements. BellSouth shall provide non-discriminatory access, in accordance with 51.311, 51.319 and section 251(c) (3) of the Act, to the subloop. On an unbundled basis and pursuant to the following terms and conditions and the rates approved by the Commission and set forth in this Attachment.
2.6.2 Subloop components include but are not limited to the following:
188.8.131.52 Unbundled Sub-Loop Distribution;
184.108.40.206 Unbundled Sub-Loop Concentration/Multiplexing Functionality; and
220.127.116.11 Unbundled Network Terminating Wire; and
18.104.22.168 Unbundled Sub-Loop Feeder.
2.6.3 Unbundled Sub-Loop (distribution facilities)
22.214.171.124 Subject to applicable and effective FCC rules and orders, the unbundled sub-loop distribution facility is dedicated transmission facility that BellSouth provides from a customer’s point of demarcation to a BellSouth cross-connect device. The BellSouth cross-connect device may be located within a remote terminal (RT) or a stand-alone cross-box in the field or in the equipment room of a building. There are two offerings available for Unbundled Sub-Loops (USL):
126.96.36.199 Unbundled Sub-Loop Distribution (USL-D) will include the sub-loop facility from the cross-box in the field up to and including the point of demarcation.
188.8.131.52 BellSouth will also provide sub-loop interconnection to the intrabuilding network cable (INC) (riser cable). INC is the distribution facility inside a subscriber’s building or between buildings on one customer’s same premises (continuous property not separated by a public street or road). USL-INC (riser cable) will include the facility from the cross-connect device in the building equipment room up to and including the point of demarcation.
2.6.4. Requirements for Unbundled Sub-Loop Distribution Facilities
184.108.40.206 Unbundled Sub-Loop distribution facilities were originally built as part of the entire voice grade loop from the BellSouth central office to the customer network interface. Therefore, the Unbundled Sub-Loop may have load coils, which are necessary for transmission of voice grade services. The Unbundled Sub-Loops will be provided in accordance with technical reference TR73600.
220.127.116.11 Unbundled Sub-Loop distribution facilities shall support functions associated with provisioning, maintenance and testing of the Unbundled Sub-Loop. In a scenario that involves connection at a BellSouth cross-box located in the field, Birch would be required to deliver a cable to the BellSouth remote terminal or cross-box to provide continuity to Birch’s feeder facilities. This cable would be connected, by a BellSouth technician, to a cross-connect panel within the BellSouth RT/cross-box. Birch’s cable pairs can then be connected to BellSouth’s USL within the BellSouth cross-box by the BellSouth technician. In a scenario that requires connection in a building equipment room, BellSouth will install a cross connect panel on which access to the requested sub-loops will be connected. The CLEC’s cable pairs can then be connected to the Unbundled Sub-Loop pairs on this cross-connect panel by the BellSouth technician.
18.104.22.168 BellSouth will provide Unbundled Sub-Loops where possible. Through the firm order Service Inquiry (SI) process, BellSouth will determine if it is feasible to place the required facilities where Birch has requested access to Unbundled Sub-Loops. If existing capacity is sufficient to meet the CLEC demand, then BellSouth will perform the set-up work as described in the next section 22.214.171.124 . 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 126.96.36.199) to accommodate Birch’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. Birch will then have the option of paying the one-time SC charge to modify the facilities to meet Birch’s request.
188.8.131.52 During the initial set-up in a BellSouth cross-connect box in the field, the BellSouth technician will perform the necessary work to splice the CLEC’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, the CLEC requested sub-loop pairs would be provisioned through the service order process based on the submission of a LSR to the LCSC.
2.6.5 Interface Requirements
184.108.40.206 Unbundled Sub-Loop shall be equal to or better than each of the applicable requirements set forth in the applicable industry standard technical references.
2.6.6 Unbundled Sub-Loop Concentration System (USLC)
220.127.116.11 Where facilities permit and where necessary to comply with an effective Commission order, BellSouth will provide to Birch with the ability to concentrate its sub-loops onto multiple DS1s back to the BellSouth Central Office. The DS1s will then be terminated into Birch’s collocation space. TR-008 and TR303 interface standards are available.
18.104.22.168 USLC, using the Lucent Series 5 equipment, will be offered in two different systems. System A will allow up to 96 of Birch’s sub-loops to be concentrated onto multiple DS1s. System B will allow an additional 96 of Birch’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.
22.214.171.124 In these scenarios Birch 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 Birch’s sub-loops to then be placed on the ULSC and transported to their collocation space at a DS1 level.
2.6.7 Unbundled Network Terminating Wire (UNTW)
126.96.36.199 BellSouth agrees to offer its Unbundled Network Terminating Wire (UNTW) to Birch pursuant to the following terms and conditions at rates as set forth in this Attachment.
188.8.131.52.1 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.
184.108.40.206.1 BellSouth will offer spare pairs that are available to an end user's premises to Birch. 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 Birch’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 Birch. If after BellSouth has relinquished the first pair to Birch and the end user decides to change local service providers to BellSouth, Birch will relinquish the first pair back to BellSouth.
220.127.116.11.2 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, Birch agrees to surrender their spare pair(s) upon request by BellSouth.
18.104.22.168.3 If an end user of Birch 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 Birch agrees to surrender the requisite number of its inactive spare pair(s), purchased from BellSouth and excluding any pairs Birch may have installed itself, if no other spare pair is available and upon request by BellSouth.
22.214.171.124.4 If Birch has placed NTW at a location and an end user desires to receive local exchange service from BellSouth and BellSouth needs access to Birch’s NTW to provide local exchange service to the end user, then Birch agrees to surrender the requisite number of its spare pair(s) upon request by BellSouth, at rates to be negotiated by the Parties.
126.96.36.199.5 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.
2.6.8 Technical Requirements
188.8.131.52 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. Birch will be required to place a cross-box, terminal or other similar device and deliver a cable to this SPOI. Birch will then connect their cable to the cross-connect panel to access the requested UNTW pairs.
2.6.9 Unbundled Sub-Loop Feeder
184.108.40.206 Unbundled Sub-Loop Feeder (USLF) provides connectivity between BellSouth’s central office and its cross-box (or other access point) that serves an end user location.
220.127.116.11 USLF is intended to be utilized for voice traffic and can be configured as a 2-wire voice (USLF-2 W/V) or 4-wire voice (USLF-4W/V).
18.104.22.168 USLF can also be utilized for digital traffic and can be configured as a 2-wire ISDN (USLF-2W/I); 2-wire Copper (USLF-2W/C); 4-wire Copper (USLF-4W/C) facilities: 4-wire DS0 level loop (USLF-4W/D00; or 4-wire DS1 & ISDN (USLF-2W/DI).
22.214.171.124 USLF will provide the facilities needed to provision a 2W or 4W communications pathway from the BellSouth central office to the BellSouth cross-box. This element will allow for the connection of the Birch’s loop distribution elements onto BellSouth’s feeder system.
126.96.36.199.1 Birch will extend its compatible cable to BellSouth’s cross-box. The cable will then be connected to a panel inside the BellSouth cross-box to the requested level of feeder element. In those cases when there is no room in the BellSouth cross-box to accommodate the additional cross-connect panels mentioned above, BellSouth will utilize its Special Construction process to determine the costs to provide the sub-loop feeder element to Birch. Birch will then have the option of paying the special construction charges or canceling the order.
188.8.131.52.2 USLF will be a designed circuit and BellSouth will provide a Design Layout Record (DLR) for this element.
184.108.40.206.3 BellSouth will provide the USLF elements in accordance with applicable industry standards for these types of facilities. Where industry standards do not exist, BellSouth’s TR 73600 will be used to determine performance parameters.
2.7 Dark Fiber
Dark Fiber is optical transmission facilities without attached multiplexing, aggregation or other electronics that connects two points within BellSouth’s network. Dark Fiber also includes strands of optical fiber existing in aerial or underground cable which may have lightwave repeater (regenerator or optical amplifier) equipment
interspliced to it at appropriate distances, but which has no line terminating elements terminated to such strands to operationalize its transmission capabilities.
220.127.116.11 BellSouth shall make available Dark Fiber where it exists in BellSouth’s network and where, as a result of future building or deployment, it becomes available. If BellSouth has plans contained within a planning document, at the time of Birch’s request, to use the fiber within a two –year planning period (three years in Kentucky), there is no requirement to provide said fiber to Birch.
18.104.22.168 If the requested dark fiber has any lightwave repeater equipment interspliced to it, BellSouth will remove such equipment at Birch’s request subject to time and materials charges.
22.214.171.124 Birch may test the quality of the Dark Fiber to confirm its usability and performance specifications.
126.96.36.199 BellSouth shall use its best efforts to provide to Birch information regarding the location, availability and performance of Dark Fiber within ten (10) business days for a records based answer and twenty (20) business days for a field based answer, after receiving a request from Birch ("Request"). Birch will request Dark Fiber on an originating end to terminating end basis, and not be required to specify intermediate points between the two ends. Within such time period, BellSouth shall send written confirmation of availability of the Dark Fiber ("Confirmation"), and shall check all reasonable routes between the originating and terminating ends when checking for availability. From the time of the Request to forty-five (45) days after Confirmation, BellSouth shall hold such requested Dark Fiber for Birch’s use and may not allow any other party to use such media, including BellSouth.
188.8.131.52 BellSouth shall use its best efforts to make Dark Fiber available to Birch within thirty (30) business days after it receives written confirmation from Birch that the Dark Fiber previously deemed available by BellSouth is wanted for use by Birch. This includes identification of appropriate connection points (e.g., Light Guide Interconnection (LGX) or splice points) to enable Birch to connect or splice Birch provided transmission media (e.g., optical fiber) or equipment to the Dark Fiber.
184.108.40.206 Dark Fiber shall meet the manufacturer’s design specifications.
220.127.116.11 Birch may splice and test Dark Fiber obtained from BellSouth using Birch or Birch designated personnel. BellSouth shall provide appropriate interfaces to allow splicing and testing of Dark Fiber. BellSouth shall provide an excess cable length of 25 feet minimum (for fiber in underground conduit) to allow the uncoiled fiber to reach from the manhole to a splicing van.
The prices that Birch shall pay to BellSouth for Network Elements and Other Services are set forth in Exhibit C to this Attachment.
2.9 Operational Support Systems (OSS)
BellSouth has developed and made available the following mechanized systems by which Birch may submit LSRs electronically.
LENS Local Exchange Navigation System EDI Electronic Data Interchange
TAG Telecommunications Access Gateway
2.9.1 LSRs submitted by means of one of these interactive interfaces will incur an OSS electronic ordering charge as specified in the table below. An individual LSR will be identified for billing purposes by its Purchase Order Number (PON). LSRs submitted by means other than one of these interactive interfaces (mail, fax, courier, etc.) will incur a manual order charge as specified in the table below. In lieu of manual OSS charges, electronic charges shall apply to local service requests submitted when BellSouth’s existing electronic interfaces regularly utilized by Birch are unavailable for reasons other than scheduled maintenance or other scheduled activities for which advance notification is provided.
OPERATIONAL SUPPORT SYSTEMS
AL, GA, LA, MS, SC
FL, KY, NC, TN
OSS LSR charge, per LSR received from the CLEC by one of the OSS interactive interfaces
Incremental charge per LSR received from the
CLEC by means other than one of the OSS interactive interfaces
See applicable rate element
2.9.2 Denial/Restoral OSS Charge
In the event Birch provides a list of customers to be denied and restored, rather than an LSR, each location on the list will require a separate PON and, therefore will be billed as one LSR per location.
2.9.3 Cancellation OSS Charge
Birch will incur an OSS charge for an accepted LSR that is later canceled by Birch.
Note: Supplements or clarifications to a previously billed LSR will not incur another OSS charge.
2.9.4 Network Elements and Other Services Manual Additive
18.104.22.168 The Commissions in some states have ordered per-element manual additive non- recurring charges (NRC) for Network Elements and Other Services ordered by means other than one of the interactive interfaces. These ordered Network Elements and Other Services manual additive NRCs will apply in these states, rather than the charge per LSR. The per-element charges are listed on the Rate Tables in Exhibit A.
2.10 Preordering Loop Makeup (LMU)
2.10.1 Description of Service
BellSouth shall make available to Birch loop makeup (LMU) data for BellSouth's network facilities. This section addresses LMU as a preordering transaction, distinct from Birch ordering any other service(s). Service inquiries (SI) for preordering loop makeup are likewise unique from other preordering functions with associated service inquiries.
BellSouth will provide Birch 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; and the wire gauge. The LMU shall be utilized by Birch for the purpose of determining whether the loop requested is capable of supporting DSL service or other advanced data services. The determination shall be made solely by Birch and BellSouth shall not be liable in any way for the performance of the advanced data services provisioned over said loop.
BellSouth’s LMU is provided to Birch 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 provided.
Targeted deployment of this service commences in the month of July, 2000.
2.10.2 Submitting Service Inquiries
Birch will be able to obtain LMU by submitting a SI mechanically or manually. Mechanized LMU Inquiries should be submitted through BellSouth's Operational Support Systems interfaces. After obtaining the resulting loop data from the mechanized SI process, if Birch determines that it needs further loop data information
in order to make a determination of loop service capability, Birch may initiate a separate manual SI for a separate nonrecurring charge as set forth in Attachment 2, Section 1.3.
Manual inquiries shall be submitted on the preordering manual SI form by means of fax or electronic-mail to BellSouth’s Complex Resale Support Group (CRSG)/Account Team utilizing the Preordering Loop Makeup Service Inquiry form. The standard service interval for the return of a Loop Makeup Manual Service Inquiry is seven business days. This service interval is distinct from the interval applied to the subsequent service order. Manual SIs are not subject to expedite requests.
22.214.171.124 Service Inquiry Types & Associated Charges
Birch may request LMU by submitting SIs in accordance with the rate elements listed below.
LOOP MAKEUP SERVICE INQUIRIES
Loop Makeup - Preordering Without Reservation, per working facility queried (Manual)
Loop Makeup - Preordering Without Reservation, per spare facility queried (Manual) Maximum number of
spare facilities per manual SI for LMU is (3).]
Loop Makeup - Preordering With Reservation, per spare facility queried (Manual) Maximum number of spare
facilities per manual SI for LMU is (3).]
Loop Makeup - Preordering Without Reservation, per working facility queried (Mechanized)
Loop Makeup - Preordering Without Reservation, per
spare facility queried (Mechanized) Maximum number of spare facilities per mechanized SI for LMU is (10).]
Loop Makeup - Preordering Without Reservation, per spare facility queried (Mechanized) Maximum number of
spare facilities per mechanized SI for LMU is (10).]
Birch will be assessed a nonrecurring charge for each facility queried as specified in the table above. All SIs submitted by means other than electronic interactive interfaces (mail, fax, email, courier, etc.) will incur manual preorder charges. Rates for all states are interim and subject to true-up pending approval of final rates by the respective State Commissions. True-ups will be retroactive to the first date Loop Makeup services are requested by Birch.
Reserved facilities for which Birch does not plan to place a UNE service order should be cancelled by Birch. Should Birch wish to cancel a reservation on a spare facility, the cancellation will require the RESID/FRN.
The reservation holding timeframe is a maximum of four days from the time that BellSouth's LMU data is returned to Birch for the facility queried. During this holding time that a Service Order is not placed, the reserved facilities are rendered unavailable to other customers, whether for CLEC(s) or for BellSouth.
If Birch does not submit an LSR for a UNE service order 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.
Charges for preordering LMU are separate from any charges associated with ordering other services from BellSouth.
2.10.4 Ordering of Other UNE Services
Whenever Birch has reserved a facility through BellSouth's preordering LMU service, should Birch seek to place a subsequent UNE service order on that reserved facility, Birch shall provide BellSouth the RESID/FRN of the single spare facility on the appropriate UNE service order. When Birch places a separate order for a UNE after it has requested preordering LMU with a reservation, Birch will be billed the appropriate rate element for the specific type UNE loop ordered by Birch so that Birch will not incur double charges for loop makeup. Should Birch choose to place a UNE service order having previously submitted a request for preordering LMU without a reservation, additional loop makeup charges will apply as part of BellSouth's provisioning of the UNE service ordered by Birch. Rates are provided in the UNE Rate Exhibits for Attachment 2.
For any reserved facilities used in the placement of UNE service orders, BellSouth will use its best efforts to assign to Birch the facility reserved as indicated on the return of the LMU. Multi-facility reservations per single RESID/FRN as provided with the mechanized process are less likely to result in the specific assignment requested by Birch. For those occasions when BellSouth's assignment system cannot assign the specific facility of preferred loop makeup as reserved by Birch during the LMU pre-ordering transaction, BellSouth will assign Birch a facility that meets the BellSouth technical standards of the BellSouth type loop as ordered by Birch.
BellSouth has provided this LMU service to allow Birch the opportunity and responsibility of determining the qualification for itself of BellSouth's loops for the specific services that Birch wishes to provide over certain loops. BellSouth further recognizes that Birch 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; however, such configurations may not match BellSouth's standards and specifications for the intended type and level of service. Accordingly, Birch shall be responsible for insuring that the specific loop type (ADSL, HDSL, or otherwise) ordered on the LSR matches the specifications of the facility for which pre-order LMU with RESID/FRN has been requested. Birch bears full responsibility for being knowledgeable of BellSouth's technical standards and the specifications of BellSouth's loops. Birch bears full responsibility for making the appropriate ordering decisions of matching BellSouth loops with Birch's equipment for accomplishing Birch's end goal for the intended service it wishes to provide its end-user(s). Birch is fully responsible for any of its service configurations that may differ from BellSouth's technical standard for that service.
2.11 General Terms and Conditions Relating to Unbundled xDSL-Capable Loops
126.96.36.199. A loop technology that is “presumed acceptable for deployment” is one that either complies with existing industry standards, has been successfully deployed by any carrier in any state without significantly degrading the performance of other services, or has been approved by the FCC, any state Commission, or an industry standards body.
188.8.131.52. A “non-standard xDSL-based technology” is a loop technology that is not presumed acceptable for deployment under Section 184.108.40.206 above.
220.127.116.11. “Continuity” shall be defined as an uninterrupted transmission path from a Main Distribution Frame (“MDF”) or its equivalent to an end user termination which meets the performance characteristics of TR73600 for the loop requested.
18.104.22.168. “Additional Acceptance Testing” shall be defined as testing not considered to be part of the normal testing and turn up activities performed by a BellSouth technician to verify the performance characteristics of the loop as outlined in TR73600. At a minimum, normal testing includes providing a short and open on the line to allow the Birch to perform acceptance testing. In addition, normal testing is testing that can be completed within 15 minutes of notification to the Birch that the service is ready for acceptance testing.
22.214.171.124. “Cooperative Acceptance Testing” shall be defined as the joint testing between BellSouth’s Technician, its Local Operations Center (“LOC”) if necessary, and the Birch’s designated test representative for the purpose of verifying Continuity as more specifically described in Section 2.11.3.
2.11.2 Deployment Conditions for xDSL-Capable Loops
126.96.36.199. BellSouth shall not deny Birch’s request to deploy any loop technology that is presumed acceptable for deployment unless BellSouth demonstrates to the state Commission in accordance with FCC orders that Birch’s deployment of the specific loop technology will significantly degrade the performance of other advanced services or traditional voice band services.
188.8.131.52. In the event the Birch wishes to introduce a technology that has been approved by another state commission or the FCC, or successfully deployed elsewhere, the Birch will provide documentation describing that action to BellSouth and the state Commission before or at the time of its request to deploy such technology within BellSouth. The documentation shall include the date of approval or deployment, any limitations included in its deployment, and a sworn attestation that the deployment did not significantly degrade the performance of other services.
184.108.40.206. Birch has the option of collocating a DSLAM in BellSouth’s Remote Terminal (“RT”) at the fiber/copper interface point, pursuant to remote terminal collocation terms and conditions, to be separately negotiated by the Parties. When Birch collocates its DSLAM at BellSouth RTs, BellSouth will provide Birch with unbundled access to subloops to allow Birch to access the copper wire portion of the loop.
220.127.116.11. BellSouth shall provide nondiscriminatory access to unbundled packet switching capability only where each of the following conditions are satisfied:
(i) BellSouth has deployed digital loop carrier systems, including but not limited to, integrated digital loop carrier or universal digital loop carrier systems; or has deployed any other system in which fiber optic facilities replace copper facilities in the distribution section (e.g., end office to remote terminal, pedestal or environmentally controlled vault);
(ii) There are no spare copper loops capable of supporting the xDSL services Birch seeks to offer;
(iii) BellSouth has not permitted a requesting carrier to deploy a Digital Subscriber Line Access Multiplexer at the remote terminal, pedestal or environmentally controlled vault or other interconnection point, nor has Birch obtained a virtual collocation arrangement at these subloop interconnection points as defined by § 51.319(b); and
(iv) BellSouth has deployed packet switching capability for its own use.
2.11.3 ACCEPTANCE TESTING AND COOPERATIVE TESTING
18.104.22.168. BellSouth will dispatch a technician to provide a short on the loop to allow Birch to test the loop in any manner they require. Normal acceptance testing is not billable in those instances where a new Loop is being installed and where BellSouth determines a dispatch is required. Birch may request a dispatch to perform testing that BellSouth determines is not required for provisioning the service but will be charged for additional labor and or additional cooperative acceptance testing as outlined in the FCC #1 tariff. BellSouth and Birch will mutually agree on a scheduled date and time for this additional testing to occur. BellSouth will call Birch with the technician on the line to perform the above mentioned tests and Birch will within 15 minutes begin testing with the technician. If the above testing does not require additional charges as provided for in this paragraph, the BellSouth technician will not test with Birch for a period to exceed 15 minutes or unless agreed to by BellSouth without occurring additional charges as outlined in FCC tariff #1. BellSouth shall only be obligated to maintain copper continuity and provide balance relative to tip and ring on the loop or as outlined in TR73600 for the loop being provisioned or as provided for in Attachment 2 of this agreement including but not limited to “Loop Modification.”
22.214.171.124. BellSouth and Birch agree to implement Acceptance Testing as provided for in this attachment during the provisioning cycle for xDSL loop delivery. When BellSouth provides High Frequency Spectrum, continuity is generally assumed as BellSouth retail POTS service is operating at the time of the order. Therefore, acceptance testing is unnecessary. Generally, BellSouth would not dispatch to provision High Frequency Spectrum, thus would not have a technician at the customer site to perform an acceptance test.
126.96.36.199. Upon delivery of the loop BellSouth will contact Birch via a toll free number to provide notification of the completion of the loop and where required, provide acceptance testing as provided for in this agreement.
188.8.131.52. Birch may provide BellSouth with a confirmation number signifying the acceptance of the loop by Birch.
184.108.40.206. If Birch is not available to perform acceptance testing at the time of loop turn up by BellSouth then Birch may request and BellSouth, if mutually agreed to, will require the BellSouth technician to standby. Birch would then be required to pay standby charges as provided for in FCC#1
220.127.116.11. If BellSouth is unable to contact a Birch employee to perform acceptance testing at the time of loop turn up ( placed on hold for more than 5 minutes, reaches voice mail or other recording, no answer or repeated busy conditions) , BellSouth will test the loop to ensure the loop is provisioned according to requirements of
TR73600 for the type of loop requested by Birch. BellSouth will complete the local service request without obtaining a confirmation number from Birch and will have no further obligation to perform normal acceptance testing of the provisioned loop.
18.104.22.168. If the Acceptance Test fails loop Continuity Test parameters, as defined by this Attahcment for DSL loops, the BellSouth technician will take any or all reasonable steps, if possible, to immediately resolve the problem with Birch on the line including, but not limited to, calling the central office to perform work or troubleshooting for physical faults. If the problem cannot be resolved in an expedient manner, the technician will release the Birch representative, and perform the work necessary to correct the situation. Once the loop is correctly provisioned, BellSouth will re-contact the Birch representative to repeat the Acceptance Test.
22.214.171.124. Both Parties declare they will work together, in good faith, to implement Acceptance Testing procedures that are efficient and effective. If the Parties mutually agree to additional testing, procedures and/or standards not covered by this Appendix or any Public Utilities Commission or FCC ordered tariff, the Parties will negotiate terms and conditions to implement such additional testing, procedures and/or standards. Additional charges may apply if any accepted changes in Acceptance Testing procedures require additional time and/or expense.
126.96.36.199. BellSouth will not xxxx for loop repairs when the repair resulted from a BellSouth problem.
2.11.4 SPECTRUM MANAGEMENT
188.8.131.52. In all cases, BellSouth will manage the spectrum in a competitively neutral manner consistent with all relevant industry standards and FCC orders regardless of whether the service is provided by a Birch or by BellSouth, as well as competitively neutral as between different xDSL services. Where disputes arise, BellSouth and Birch will put forth a good faith effort to resolve such disputes in a timely manner.
184.108.40.206. In the event that the FCC or a recognized industry standards body (e.g. ANSI T1E1.4) establishes long-term standards and practices and policies relating to spectrum compatibility and spectrum management that differ from those established in this Appendix, BellSouth and Birch agree to comply with the FCC and/or industry standards, practices and policies and will establish a mutually agreeable transition plan and timeframe for achieving and implementing such industry standards, practices and policies.
All of the negotiated rates, terms and conditions set forth in this Section pertain to the provision of local and tandem switching.
3.1 Local Switching
BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Birch for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Birch for the provision of a telecommunications service only in the limited circumstance described below in Section 220.127.116.11.
3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Birch 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.
3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability
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, line 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, originating and terminating access, as well as any technically feasible customized routing functions provided by the switch; (D) switching provided by remote switching modules.
18.104.22.168 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.
3.1.3 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for Birch when Birch 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.
3.1.4 In the event that Birch 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 listed on Exhibit A, BellSouth’s sole recourse shall be to charge Birch a rate to be negotiated for use of the local circuit switching functionality for the affected facilities, or in the alternative, to charge Birch the local services resale rate for use of all Combinations used to provide the affected facilities to Birch.
3.1.5 A featureless port is one that has a line port, switching facilities, 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 Birch. Any features that are not currently then capable but are technically feasible through the switch can be requested through the BFR process.
3.1.6 BellSouth will provide to Birch customized routing of calls: (i) to a requested directory assistance services platform; (ii) to an operator services platform pursuant to Section 10 of Attachment 2; (iii) for Birch’s PIC’ed toll traffic in a two (2) PIC environment to an alternative OS/DA platform designated by Birch. Birch customers may use the same dialing arrangements as BellSouth customers.
3.1.7 Remote Switching Module functionality is included in Switching Capability. The switching capabilities used will be based on the line side features they support.
3.1.8 Switching Capability will also be capable of routing local, intraLATA, interLATA, and calls to international customer’s preferred carrier; call features (e.g. call forwarding) and Centrex capabilities.
3.1.10 Where required to do so in order to comply with an effective Commission order, BellSouth will provide to Birch purchasing local BellSouth switching and reselling BellSouth local exchange service under Attachment 1, selective routing of calls to a requested directory assistance services platform or operator services platform. Birch customers may use the same dialing arrangements as BellSouth customers, but obtain a Birch branded service.
3.2 Technical Requirements
3.2.1 The requirements set forth in this Section apply to Local Switching (e.g. circuit switched traffic), but not to the Data Switching (e.g. packet switched) function of Local Switching.
22.214.171.124 Local Switching shall be equal to or better than the requirements for Local Switching set forth in the applicable industry standard technical references.
126.96.36.199 When applicable, BellSouth shall route calls to the appropriate trunk or lines for call origination or termination.
188.8.131.52 Subject to this section, 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 Birch will be made pursuant to the Bona Fide Request/ New Business Request Process as set forth in General Terms and Conditions.
184.108.40.206 BellSouth shall provide unbranded recorded announcements and call progress tones to alert callers of call progress and disposition.
220.127.116.11 BellSouth shall activate service for an Birch customer or network interconnection on any of the Local Switching interfaces. This includes provisioning changes to change a customer from BellSouth’s services to Birch’s services without loss of switch feature functionality as defined in this Agreement.
18.104.22.168 BellSouth shall perform routine testing (e.g., Mechanized Loop Tests (MLT) and test calls such as 105, 107 and 108 type calls) and fault isolation on a mutually agreed upon schedule. For loop/port combinations that are telephone number formatted, BellSouth will provide Birch with the ability to perform MLT tests directly on switch ports purchased by Birch, via the TAFFI or ECTA as described in Attachment 6.
22.214.171.124 BellSouth shall repair and restore any equipment or any other maintainable component that may adversely impact Local Switching.
126.96.36.199 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.
188.8.131.52 BellSouth shall perform manual call trace and permit customer originated call trace.
184.108.40.206 Special Services provided by BellSouth will include the following:
220.127.116.11.1 Telephone Service Prioritization;
18.104.22.168.2 Related services for handicapped;
22.214.171.124.3 Soft dial tone where required by law; and
126.96.36.199.4 Any other service required by law.
188.8.131.52 BellSouth shall provide Switching Service Point (SSP) capabilities and signaling software to interconnect the signaling links destined to the Signaling Transfer Point Switch (STPS). These capabilities shall adhere to the technical specifications set forth in the applicable industry standard technical references.
184.108.40.206 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.
220.127.116.11 BellSouth shall provide performance data regarding a customer line, traffic characteristics or other measurable elements to Birch, upon a reasonable request from Birch. CLEC will pay BellSouth for all costs incurred to provide such performance data through the Business Opportunity Request process.
18.104.22.168 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:
22.214.171.124.1 Basic and primary rate ISDN;
126.96.36.199.2 Residential features;
188.8.131.52.3 Customer Local Area Signaling Services (CLASS/LASS);
184.108.40.206.4 CENTREX (including equivalent administrative capabilities, such as customer accessible reconfiguration and detailed message recording); and
220.127.116.11.5 Advanced intelligent network triggers supporting Birch and BellSouth service applications.
3.2.3 BellSouth shall offer to Birch all AIN triggers in connection with its SMS/SCE offering which are supported by BellSouth for offering AIN-based services. Triggers that are currently available are:
18.104.22.168 Off-Hook Immediate
22.214.171.124 Off-Hook Delay
126.96.36.199 Termination Attempt
188.8.131.52 6/10 Public Office Dialing Plan
184.108.40.206 Feature Code Dialing
220.127.116.11 Customer Dialing Plan
3.2.4 When the following triggers are supported by BellSouth, BellSouth will make these triggers available to Birch:
18.104.22.168 Private EAMF Trunk
22.214.171.124 Shared Interoffice Trunk (EAMF, SS7)
126.96.36.199 Automatic Route Selection
3.2.5 Where capacity exists, BellSouth shall assign each Birch customer line the class of service designated by Birch (e.g., using line class codes or other switch specific provisioning methods), and shall route directory assistance calls from Birch customers to Birch directory assistance operators at Birch’s option.
3.2.6 Where capacity exists, BellSouth shall assign each Birch customer line the class of services designated by Birch (e.g., using line class codes or other switch specific provisioning methods) and shall route operator calls from Birch customers to Birch operators at Birch’s option. For example, BellSouth may translate 0- and 0+ intraLATA traffic, and route the call through appropriate trunks to an Birch Operator Services Position System (OSPS). Calls from Local Switching must pass the ANI-II digits unchanged.
3.2.7 Local Switching shall be offered in accordance with the requirements of the following technical references:
188.8.131.52 Telcordia (formerly BellCore) GR-1298-CORE, AIN Switching System Generic Requirements, as implemented in BellSouth’s switching equipment;
184.108.40.206 Telcordia (formerly BellCore) GR-1299-CORE, AIN Switch-Service Control Point (SCP)/Adjunct Interface Generic Requirements;
220.127.116.11 Telcordia (formerly BellCore) TR-NWT-001284, AIN 0.1 Switching System Generic Requirements;
18.104.22.168 Telcordia (formerly BellCore) SR-NWT-002247, AIN Release 1 Update.
3.2.8 Interface Requirements
22.214.171.124 BellSouth shall provide the following interfaces to loops:
126.96.36.199.1 Standard Tip/Ring interface including loopstart or groundstart, on-hook signaling (e.g., for calling number, calling name and message waiting lamp);
188.8.131.52.2 Coin phone signaling;
184.108.40.206.3 Basic Rate Interface ISDN adhering to appropriate Telcordia (formerly BellCore) Technical Requirements;
220.127.116.11.4 Two-wire analog interface to PBX;
18.104.22.168.5 Four-wire analog interface to PBX;
22.214.171.124.6 Four-wire DS1 interface to PBX or customer provided equipment (e.g. computers and voice response systems);
126.96.36.199.7 Primary Rate ISDN to PBX adhering to ANSI standards Q.931, Q.932 and appropriate Telcordia (formerly BellCore) Technical Requirements;
188.8.131.52.8 Switched Fractional DS1 with capabilities to configure Nx64 channels (where N = 1 to 24); and
184.108.40.206.9 Loops adhering to Telcordia (formerly BellCore) TR-NWT-08 and TR-NWT-303 specifications to interconnect Digital Loop Carriers.
220.127.116.11 BellSouth shall provide access to the following but not limited to:
18.104.22.168.1 SS7 Signaling Network or Multi-Frequency trunking if requested by Birch;
22.214.171.124.2 Interface to Birch operator services systems or Operator Services through appropriate trunk interconnections for the system; and
126.96.36.199.3 Interface to Birch Directory Assistance Services through the Birch switched network or to Directory Assistance Services through the appropriate trunk interconnections for the system; and 950 access or other Birch required access to interexchange carriers as requested through appropriate trunk interfaces.
3.3 Tandem Switching
Tandem Switching is the function that establishes a communications path between two switching offices through a third switching office (the Tandem switch).
3.3.2 Technical Requirements
188.8.131.52 Tandem Switching shall have the same capabilities or equivalent capabilities as those described in Xxxx Communications Research TR-TSY-000540 Issue 2R2, Tandem Supplement, 6/1/90. The requirements for Tandem Switching include, but are not limited to the following:
184.108.40.206.1 Tandem Switching shall provide signaling to establish a tandem connection;
220.127.116.11.2 Tandem Switching will provide screening as jointly agreed to by Birch and BellSouth;
18.104.22.168.3 Tandem Switching shall provide Advanced Intelligent Network triggers supporting AIN features where such routing is not available from the originating end office switch, to the extent such Tandem switch has such capability;
22.214.171.124.4 Tandem Switching shall provide access to Toll Free number portability database as designated by Birch;
126.96.36.199.5 Tandem Switching shall provide all trunk interconnections discussed under the “Network Interconnection” section (e.g., SS7, MF, DTMF, DialPulse, PRI-ISDN, DID, and CAMA-ANI (if appropriate for 911));
188.8.131.52.5.1 Tandem Switching shall provide connectivity to PSAPs where 911 solutions are deployed and the tandem is used for 911; and
184.108.40.206.5.2 Tandem Switching shall provide connectivity to transit traffic to and from other carriers.
220.127.116.11.6 Tandem Switching shall accept connections (including the necessary signaling and trunking interconnections) between end offices, other tandems, IXCs, ICOs, CAPs and CLEC switches.
18.104.22.168.7 Tandem Switching shall provide local tandeming functionality between two end offices including two offices belonging to different CLEC's (e.g., between a CLEC end office and the end office of another CLEC).
22.214.171.124.8 Tandem Switching shall preserve CLASS/LASS features and Caller ID as traffic is processed.
126.96.36.199.9 Tandem Switching shall record billable events and send them to the area billing centers designated by Birch. Tandem Switching will provide recording of all billable events as jointly agreed to by Birch and BellSouth.
188.8.131.52.10 Upon a reasonable request from Birch, BellSouth shall perform routine testing and fault isolation on the underlying switch that is providing Tandem Switching and all its interconnections. The results and reports of the testing shall be made immediately available to Birch.