[LOGO OF SPRINT APPEARS HERE]
MASTER INTERCONNECTION AND RESALE AGREEMENT
FOR THE STATE OF NEVADA
January 15, 1999
Pac-West Telecomm. Inc
and
The Nevada Division of Central Telephone Company
d/b/a Sprint of Nevada
THIS DOCUMENT REPRESENTS THE CURRENT POSITIONS OF THE SPRINT OPERATING TELEPHONE
COMPANIES WITH RESPECT TO INTERCONNECTION AND RESALE. SPRINT RESERVES THE RIGHT
TO MODIFY THESE POSITIONS. THIS DOCUMENT IS NOT AN OFFER.
TABLE OF CONTENTS
Page No.
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PART A - DEFINITIONS
1. DEFINED TERMS........................................................ 2
PART B - GENERAL TERMS AND CONDITIONS
1. SCOPE OF THIS AGREEMENT............................................. 13
2. REGULATORY APPROVALS................................................ 13
3. TERM AND TERMINATION................................................ 14
4. POST TERMINATION INTERIM SERVICE ARRANGEMENTS....................... 15
5. CHARGES AND PAYMENT................................................. 16
6. AUDITS AND EXAMINATIONS............................................. 17
7. INTELLECTUAL PROPERTY RIGHTS........................................ 18
8. LIMITATION OF LIABILITY............................................. 19
9. INDEMNIFICATION..................................................... 19
10. BRANDING............................................................ 20
11. CONFIDENTIALITY AND PUBLICITY....................................... 21
12. DISCLAIMER OF WARRANTIES............................................ 22
13. ASSIGNMENT AND SUBCONTRACT.......................................... 22
14. GOVERNING LAW....................................................... 23
15. RELATIONSHIP OF PARTIES............................................. 23
16. NO THIRD PARTY BENEFICIARIES........................................ 23
17. NOTICES............................................................. 23
18. WAIVERS............................................................. 24
19. SURVIVAL............................................................ 24
20. FORCE MAJEURE....................................................... 24
21. DISPUTE RESOLUTION.................................................. 25
22. COOPERATION ON FRAUD................................................ 26
23. TAXES............................................................... 26
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24. AMENDMENTS AND MODIFICATIONS........................................... 26
25. SEVERABILITY........................................................... 27
26. HEADINGS NOT CONTROLLING............................................... 27
27. ENTIRE AGREEMENT....................................................... 27
28. COUNTERPARTS........................................................... 27
29. SUCCESSORS AND ASSIGNS................................................. 27
30. IMPLEMENTATION PLAN.................................................... 27
31. FEDERAL JURISDICTIONAL AREAS........................................... 29
ATTACHMENT I - GENERAL PRINCIPLES
1. PRICE SCHEDULE......................................................... 31
2. LOCAL SERVICE RESALE................................................... 31
3. INTERCONNECTION AND RECIPROCAL COMPENSATION............................ 31
4. UNBUNDLED NETWORK ELEMENTS............................................. 32
ATTACHMENT II - LOCAL RESALE
1. TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE........................ 33
2. GENERAL TERMS AND CONDITIONS........................................... 33
ATTACHMENT III - NETWORK ELEMENTS
1. GENERAL................................................................ 36
2. UNBUNDLED NETWORK ELEMENTS............................................. 36
3. BONA FIDE REQUEST PROCESS FOR FURTHER UNBUNDLING....................... 37
4. NETWORK INTERFACE DEVICE............................................... 38
5. LOOP................................................................... 39
6. LOCAL SWITCHING........................................................ 40
7. TANDEM SWITCHING....................................................... 42
8. TRANSPORT.............................................................. 43
9. SIGNALING SYSTEMS AND DATABASES........................................ 44
10. OPERATOR SERVICES...................................................... 48
11. DIRECTORY ASSISTANCE SERVICE........................................... 49
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ATTACHMENT IV - INTERCONNECTION
1. LOCAL INTERCONNECTION TRUNK ARRANGEMENT............................... 50
2. INTERCONNECTION COMPENSATION MECHANISMS............................... 51
3. SIGNALING............................................................. 53
4. NETWORK SERVICING..................................................... 53
5. NETWORK MANAGEMENT.................................................... 55
6. USAGE MEASUREMENT..................................................... 55
7. TRANSIT TRAFFIC....................................................... 56
8. RESPONSIBILITIES OF THE PARTIES....................................... 57
ATTACHMENT V - INTERIM NUMBER PORTABILITY
1. SPRINT PROVISION OF INTERIM NUMBER PORTABILITY........................ 59
2. INTERIM NUMBER PORTABILITY............................................ 59
3. REQUIREMENTS FOR INP.................................................. 60
ATTACHMENT VI - LOCAL NUMBER PORTABILITY
1. INTRODUCTION ......................................................... 63
2. TRANSITION FROM INP TO LNP............................................ 64
3. TESTING............................................................... 64
4. ENGINEERING AND MAINTENANCE........................................... 64
5. E911/911.............................................................. 65
6. BILLING............................................................... 65
ATTACHMENT VII - GENERAL BUSINESS REQUIREMENTS
1. PROCEDURES............................................................ 66
2. ORDERING AND PROVISIONING............................................. 67
3. BILLING............................................................... 74
4. PROVISION OF SUBSCRIBER USAGE DATA.................................... 75
5. GENERAL NETWORK REQUIREMENTS.......................................... 81
6. MISCELLANEOUS SERVICES AND FUNCTIONS.................................. 82
ATTACHMENT VIII - REPORTING STANDARDS
1. GENERAL............................................................... 99
2. PARITY AND QUALITY MEASUREMENTS....................................... 99
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INTERCONNECTION AND RESALE AGREEMENT
This Interconnection and Resale Agreement (the "Agreement"), entered
into this day of , 199 , is entered into by and between
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Pac-West Telecomm. Inc. ("CLEC"), a California corporation, and the Nevada
division of Central Telephone Company, a Delaware corporation, d/b/a Sprint of
Nevada ("Sprint"), to establish the rates, terms and conditions for local
interconnection, local resale, and purchase of unbundled network elements
(individually referred to as the "service" or collectively as the "services").
WHEREAS, the Parties wish to interconnect their local exchange networks
for the purposes of transmission and termination of calls, so that customers of
each can receive calls that originate on the other's network and place calls
that terminate on the other's network, and for CLEC's use in the provision of
exchange access ("Local Interconnection"); and
WHEREAS, CLEC wishes to purchase Telecommunications Services for resale
to others, and Sprint is willing to provide such service; and
WHEREAS, CLEC wishes to purchase unbundled network elements, ancillary
services and functions and additional features ("Network Elements"), and to use
such services for itself or for the provision of its Telecommunications Services
to others, and Sprint is willing to provide such services; and
WHEREAS, the Parties intend the rates, terms and conditions of this
Agreement, and their performance of obligations thereunder, to comply with the
Communications Act of 1934,as amended (the "Act"), the Rules and Regulations of
the Federal Communications Commission ("FCC"), and the orders, rules and
regulations of the Public Utilities Commission of Nevada (the "Commission"); and
WHEREAS, the parties wish to replace any and all other prior
agreements, written and oral,applicable to the state of Nevada.
Now, therefore, in consideration of the terms and conditions contained
herein, CLEC and Sprint hereby mutually agree as follows:
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PART A - DEFINITIONS
1. DEFINED TERMS
1.1. Certain terms used in this Agreement shall have the meanings as
otherwise defined throughout this Agreement. Other terms used but not
defined herein will have the meaning ascribed to them in the Act or
in the Rules and Regulations of the FCC or the Commission. The
Parties acknowledge that other terms appear in this Agreement which
are not defined or ascribed as stated above. The parties agree that
any such terms shall be construed in accordance with their customary
usage in the telecommunications industry as of the effective date of
this Agreement.
1.2. "911 Site Administrator" is a person assigned by CLEC to establish
and maintain E911 service location information for its subscribers.
1.3. "911 Service" means a universal telephone number which give the
public direct access to the Public Safety Answering Point (PSAP).
Basic 911 service collects 911 calls from one or more local exchange
switches that serve a geographic area. The calls are then sent to the
correct authority designated to receive such calls.
1.4. "Access Service Request (ASR)" means the industry standard forms and
supporting documentation used for ordering Access Services. The ASR
may be used to order trunking and facilities between CLEC and Sprint
for Local Interconnection.
1.5. "Access Services" refers to interstate and intrastate switched access
and private line transport services.
1.6. "Act" means the Communications Act of 1934, as amended.
1.7. "Affiliate" is as defined in the Act.
1.8. "Ancillary Traffic" means all traffic destined for ancillary
services, or that may have special billing requirements, including,
but not limited to the following:
1.8.1. Directory Assistance:
1.8.2. 911/E911:
1.8.3. Operator call termination (busy line interrupt and verify);
and Information services requiring special billing (e.g.,
900 and 950).
1.9. "Automated Message Accounting (AMA)" is the structure inherent in
switch technology that initially records telecommunication message
information. AMA format is contained in the Automated Message
Accounting document, published by Bellcore at GR-1100-CORE which
defines the industry standard for message recording.
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1.10. "Automatic Location Identification (ALI)" is a feature developed for
E911 systems that provides for a visual display of the caller's
telephone number, address and the names of the emergency response
agencies that are responsible for that address.
1.11. "Automatic Location Identification/Data Management System (ALI/DMS)"
means the emergency service (E911/911) database containing subscriber
location information (including name, address, telephone number, and
sometimes special information from the local service provider) used
to determine to which Public Safety Answering Point (PSAP) to route
the call.
1.12. "ALI Gateway" is a telephone company computer facility that
interfaces with CLEC's 911 administrative site to receive Automatic
Location Identification data from CLEC.
1.13. "Automatic Number Identification (ANI)" is a feature that identifies
and displays the number of a telephone line that originates a call.
1.14. "Automatic Route Selection (ARS)" is a service feature associated
with a specific grouping of lines that provides for automatic
selection of the least expensive or most appropriate transmission
facility for each call based on criteria programmed into the system.
1.15. "ATU - C" refers to an ADSL Transmission Unit - Central Office.
1.16. "ATU - R" refers to an ADSL Transmission Unit - Remote.
1.17. "Busy Line Verify/Busy Line Verify Interrupt (BLV/BLVI)" means an
operator call in which the caller inquires as to the busy status of,
or request an interruption of a call on another subscriber's
telephone line.
1.18. "Business Day(s)" means the days of the week excluding Saturdays,
Sundays, and all Sprint holidays.
1.19. "Carrier Access Billing System (CABS)" is the system which is defined
in a document prepared under the direction of the Billing Committee
of the OBF. The CABS document is published by Bellcore in Volumes 1,
1A, 2, 3, 3A, 4 and 5 as Special Reports SR-OPT-001868, SR-OPT-
0011869, SR-OPT-001871, SR-OPT-001872, SR-OPT-001873, SR-OPT-001874,
and SR-OPT-001875, respectively, and contains the recommended
guidelines for the billing of access and other connectivity services.
Sprint's carrier access billing system is its Carrier Access Support
System (CASS). CASS mirrors the requirements of CABS.
1.20. "Common Channel Signaling (CCS)" is a method of digitally
transmitting call set-up and network control data over a digital
signaling network fully separate from the public switched telephone
network that carries the actual call.
1.21. "Calling Party Number (CPN)" is CCS parameter which refers to the
number
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transmitted through the network identifying the calling party.
1.22. "Central Office Switch" ("Central Office", or "CO"), "End Office" or
"Tandem", or Remote Switch are switching facilities within the public
switched telecommunications network, including, but not limited to:
1.22.1. "End Office Switch" is a switch from which end user
Telephone Exchange Services are directly connected and
offered.
1.22.2. "Tandem Switch" is a switch which is used to connect and
switch trunk circuits between and among Central Office
Switches.
1.22.3. "Remote Switch" is a switch that is away from the host or
control office. All or most of the central control
equipment for the remote switch is located at the host or
control office.
1.23. "Centrex" means a Telecommunications Service associated with a
specific grouping of lines that uses central office switching
equipment for call routing to handle direct dialing of calls, and to
provide numerous private branch exchange-like features.
1.24. "Charge Number" is a CCS parameter which refers to the number
transmitted through the network identifying the billing number of the
calling party.
1.25. "CLASS/LASS" (Bellcore Service Xxxx) refers to service features that
utilize the capability to forward a calling party's number between
end offices as part of call setup. Feature include Automatic
Callback, Automatic Recall, Caller ID, Call Trace, and Distinctive
Ringing.
1.26. "Competitive Local Exchange Carrier (CLEC) or Alternative Local
Exchange Carrier (ALEC)" means any entity or person authorized to
provide local exchange services in competition with an ILEC.
1.27. "CLEC 911 Database Records" are the CLEC subscriber records to be
provided by CLEC to Sprint for inclusion in Sprint's E911 database.
1.28. "Commission" means the Public Utilities Commission of Nevada.
1.29. "Common Transport" provides a local interoffice transmission path
between the Sprint Tandem Switch and a Sprint or CLEC end office
switch. Common Transport is shared between multiple customers and is
required to be switched at the Tandem.
1.30. "Confidential and or Proprietary Information" has the meaning set
forth in Article 11 of Part A -- General Terms and Conditions.
1.31. "Contract Year" means a twelve- (12) month period during the term of
the contract commencing on the Effective Date and each anniversary
thereof.
1.32. "Control Office" is an exchange carrier center or office designated
as the party's
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single point of contact for the provisioning and maintenance of its
portion of local interconnection arrangements.
1.33. "Custom Calling Features" means a set of Telecommunications Service
features available to residential and single-line business customers
including call-waiting, call-forwarding and three-party calling.
1.34. "Customer Proprietary Network Information (CPNI)" means:
1.34.1. information that relates to the quantity, technical
configuration, type, destination, and amount of use of a
Telecommunications Service subscribed to by any customer of
a Telecommunications carrier, and that is made available to
the carrier by the customer solely by virtue of the carrier
customer relationship; and
1.34.2 information contained in the bills pertaining to telephone
exchange service or telephone toll service received by a
customer of a carrier.
1.35. "Database Management System (DBMS)" is a computer process used to
store, sort, manipulate and update the data required to provide
selective routing and ALI.
1.36. "Dedicated Transport" provides a local interoffice transmission path
between sprint and/or CLEC central offices. Dedicated Transport is
limited to the use of a single customer and does not require
switching at a Tandem.
1.37. "Directory Assistance Database" refers to any subscriber record used
by Sprint in its provision of live or automated operator-assisted
directory assistance including but not limited to 411. 555-1212,
NPA-555-1212.
1.38. "Directory Assistance Services" provides listings to callers.
Directory Assistance Services may include the option to complete the
call at the caller's direction.
1.39. "Discloser" means that Party to this Agreement which has disclosed
Confidential Information to the other Party.
1.40. "DSLAM" refers to a Digital Subscriber Line Access Multiplexer.
1.41. "Duct" is a single enclosed path to house facilities to provide
telecommunications services.
1.42. "Enhanced 911 Service (E911)" means a telephone communication
service which will automatically route a call dialed "9-1-1" to a
designated public safety answering point (PSAP) attendant and will
provide to the attendant the calling party's telephone number and,
when possible, the address from which the call is being placed and
the emergency response agencies responsible for the location from
which the call was dialed.
1.43. "E911 Message Trunk" is a dedicated line, trunk or channel between
two central
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offices or switching devices which provides a voice and signaling
path for E911 calls.
1.44. "Effective Date" is either thirty (30) days after the date
referenced in the opening paragraph of the Agreement, the filing
date of this Agreement with the Commission if the Commission has
defined the Effective Date as such, or as otherwise required by the
Commission. Absent specific Commission rules to the contrary, the
Effective Date shall be no earlier than proof of CLEC certification
in the jurisdiction.
1.45. "Electronic Interfaces" means access to operations support systems
consisting of preordering, ordering, provisioning, maintenance and
repair and billing functions.
1.46. "Emergency Response Agency" is a governmental entity authorized to
respond to requests from the public to meet emergencies.
1.47. "Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which:
1.47.1. requires investigation, remediation, compensation, fine or
penalty under any Applicable Law (including, without
limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with
similar purposes in applicable foreign, state and local
jurisdiction); or
1.47.2 poses risks to human health, safety or the environment
(including, without limitation, indoor, outdoor or orbital
space environments) and is regulated under any Applicable
Law.
1.48. "Emergency Service number (ESN)" is a number assigned to the ALI and
selective routing databases for all subscriber telephone numbers.
The ESN designates a unique combination of fire, police and
emergency medical service response agencies that serve the address
location of each in-service telephone number.
1.49. "Exchange Message record system (EMR)" refers to the exchanging
telecommunications message information for billable, non-billable,
sample, settlement and study data. EMR format is contained in BR-
000-000-000 XXXX Exchange Message Record, published by Bellcore and
which defines the industry standard for exchange message records.
1.50. "Enhanced Directory Assistance" refers to directory Assistance
services, including but not limited to reverse search, talking
yellow pages, and locator services.
1.51. "Expanded Interconnection Service (EIS)" is the collocation
arrangement which Sprint provides in its designated wire centers.
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1.52. "Grandfather Service" means service which is no longer available for
new customers and is limited to the current customer at their
current locations with certain provisioning limitations, including
but not limited to upgrade denials, feature adds/changes and
responsible/billing party.
1.53. "FCC" means the Federal Communications Commission.
1.54. "Incumbent Local Exchange Carrier (ILEC)" means any local exchange
carrier that was, as of February 8, 1996, deemed to be a member of
the Exchange Carrier Association as set forth for the in 47 CFR (S)
69.601 (b) of the FCC's regulations.
1.55. "Interexchange Carrier (IXC)" means a provider of interexchange
telecommunications services.
1.56. "Interim Number Portability (INP)" is a service arrangement whereby
subscribers who change local service providers may retain existing
telephone numbers without impairment of quality, reliability, or
convenience when remaining at their current location or changing
their location within the geographic area served by the initial
carrier's serving central office. Upon implementation of Local
Number Portability, defined herein, INP services will be
discontinued.
1.57. "Line Information Data Base (LIDB)" means a Service Control Point
(SCP) database that provides for such functions as calling card
validation for telephone line number cards issued by Sprint and
other entities and validation fo collect and billed-to-third
services.
1.58. "Local Loop" refers to a transmission path between the main
distribution frame [cross-connect], or its equivalent, in a Sprint
Central Office or wire center, and up to the Network Interface
Device at a customer's premises, to which CLEC is granted exclusive
use. This includes, but is not limited to, two-wire and four-wire
xxxxxx analog voice-grade loops, two-wire and four-wire loops that
are conditioned to transmit the digital signals needed to provide
services such as ISDN and DS1-level signals.
1.59. "Local Number Portability (LNP)" means the ability of users of
Telecommunications Services to retain, at the same Sprint served
rate center, existing telecommunications numbers without impairment
of quality, reliability, or convenience when switching from one
telecommunications carrier to another.
1.60. "Local Service Request (LSR)" means an industry standard form or a
mutually agreed upon change thereof, used by the Parties to add,
establish, change or disconnect local services.
1.61. "Local Traffic" means traffic (excluding CMRS traffic) that is
originated and terminated within Sprint's local calling area, or
mandatory expanded area service (EAS) area, as defined by State
commissions or, if not defined by State commissions then as defined
in existing Sprint tariffs.
1.62 "Master Street Address Guide (MSAG)" is a database defining the
geographic area of an E911 service. It includes an alphabetical list
of the street names, high-low house number ranges, community names,
and emergency service numbers provided by the countries or their
agents to Sprint.
1.63 "Multiple Exchange Carrier Access Billing (MECAB)" refers to the
document prepared by the Billing Committee of the Alliance for
Telecommunications Industry Solutions (ATIS) Ordering and Billing
Forum (OBF). The MECAB document contains the recommended guidelines
for the billing of an access service provided to a customer by two or
more providers or by one provider in two or more states within a
single LATA.
1.64 "Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines for
Access Services - Industry Support Interface" refers to a document
developed by the Ordering/Provisioning Committee of ATIS OBF. The
MECOD document contains the recommended guidelines for processing
orders for access service which is to be provided by two or more
telecommunications carriers.
1.65 "North American Numbering Plan (NANP)" means the system or method of
telephone numbering employed in the United States, Canada, and certain
Caribbean countries. It denotes the three-digit Numbering Plan Area
code and a seven digit telephone number made up of a three-digit
Central Office code plus a four-digit station number.
1.66 "National Emergency Number Association (NENA)" is an association with
a mission to xxxxxx the technological advancement, availability and
implementation of 911 nationwide.
1.67 "Network Element" as defined in the Act.
1.68 "Numbering Plan Area (NPA)" (sometimes referred to as an area code) is
the three-digit indicator which is designated by the first three
digits of each 10-digit telephone number within the NANP. Each NPA
contains 800 possible NXX Codes. There are two general categories of
NPA. "Geographic NPAs" and "Non-Geographic NPAs." A Geographic NPA" is
associated with a defined geographic area, and all telephone numbers
bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service
Access Code (SAC Code)" is typically associated with a specialized
telecommunications service which may be provided across multiple
geographic NPA areas: 500, 800, 900, 700, and 888 are examples of Non-
Geographic NPAs.
1.69 "NXX," "NXX Code,"NNX," "COC," "Central Office Code," or "CO Code" is
the three-digit switch entity indicator which is defined by the
fourth, fifth and sixth digits of a 10-digit telephone number within
NANP.
1.70 "OBF" means the Ordering and Billing Forum, which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for
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Telecommunications Industry Solutions (ATIS)
1.71. "Operator Systems" is the Network Element that provides operator and
automated call handling with billing, special services, subscriber
telephone listings, and optional call completion services.
1.72. "Operator Services" provides for:
1.72.1. operator handling for call completion (e.g., collect calls);
1.72.2. operator or automated assistance for billing after the
subscriber has dialed the called number (e.g., credit card
calls); and
1.72.3. special services (e.g., BLV/BLI, Emergency Agency call).
1.73. "Parity" means, subject to the availability, development and
implementation of necessary industry standard Electronic Interfaces,
the provision by Sprint of services. Network Elements, functionality
or telephone numbering resources under this Agreement to CLEC,
including provisioning and repair, at least equal in quality to those
offered to Sprint, its Affiliates or any other entity that obtains
such services. Network Elements, functionality or telephone numbering
resources. Until the implementation of necessary Electronic
Interfaces, Sprint shall provide such services. Network Elements,
functionality or telephone numbering resources on a non-
discriminatory basis to CLEC as it provides to its Affiliates or any
other entity that obtains such services. Network Elements,
functionality or telephone numbering resources.
1.74 "P.01 Transmission Grade Of Service (GOS)" means a trunk facility
provisioning standard with the statistical probability of no more
than one call in 100 blocked on initial attempt during the average
busy hour.
1.75 "Parties" means, jointly, Pac-West Telecomm. Inc. and the Nevada
division of Central Telephone Company d/b/a Sprint of Nevada, and no
other entity, affiliate, subsidiary or assign.
1.76. "Party" means either Pac-West Telecomm. Inc. or the Nevada division
of Central Telephone Company d/b/a Sprint of Nevada, and no other
entity, affiliate, subsidiary or assign.
1.77. "Percent Local Usage (PLU)" is a calculation which represents the
ratio of the local minutes to the sum of local and intraLATA toll
minutes between exchange carriers sent over Local Interconnection
Trunks, Directory assistance, BLV/BLVI, 900, and 976 transiting calls
from other exchange carriers and switched access calls are not
included in the calculation of PLU.
1.78. "Point Of Interconnection (POI)" is a mutually agreed upon point of
demarcation where the networks of Sprint and CLEC interconnect for
the exchange of traffic.
1.79. "Point of Presence (POP)" means an IXC's point of presence.
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1.80. "Proprietary Information" shall have the same meaning as
Confidential Information.
1.81. "Public Safety Answering Point (PSAP)" is the public safety
communications center where 911 calls placed by the public for a
specific geographic area will be answered.
1.82. "Rate Center" means the geographic point and corresponding
geographic area which are associated with one or more particular
NPA-NXX codes which have been assigned to Sprint or CLEC for its
provision of Basic Exchange Telecommunications Services. The "rate
center point" is the finite geographic point identified by a
specific V&H coordinate, which is used to measure distance-sensitive
end user traffic to/from the particular NPA-NXX designations
associated with the specific Rate Center. The "rate center area" is
the exclusive geographic area identified as the area within which
Sprint or CLEC will provide Basic Exchange Telecommunications
Services bearing the particular NPA-NXX designations associated with
the specific Rate Center. The Rate Center point must be located
within the Rate Center area.
1.83. "Recipient" means that party to this Agreement (a) to which
Confidential Information has been disclosed by the other party or
(b) who has obtained Confidential Information in the course of
providing services under this Agreement.
1.84. "Rebranding" occurs when CLEC purchases a wholesale service from
Sprint when CLEC'c brand is substituted for the Sprint brand.
1.85. "Reseller" is a category of Local Exchange service providers who
obtain dial tone and associated Telecommunications Services from
another provider for resale to their end user subscribers.
1.86 "Routing Point" means a location which Sprint or CLEC has designated
on its own network as the homing (routing) point for traffic inbound
to Basic Exchange Services provided by Sprint or CLEC which bear a
certain NPA-NXX designation. The Routing Point is employed to
calculate mileage measurements for the distance-sensitive transport
element charges of Switched Access Services. Pursuant to Bellcore
Practice BR 000-000-000, the Routing Point may be an "End Office"
location, or a "LEC Consortium Point of Interconnection." Pursuant
to that same Bellcore Practice, examples of the latter shall be
designated by a common language location identifier (CLLI) code with
(x)KD in positions 9.10.11. where (x) may by any alphanumeric A-Z
OR 0-9. The above referenced Bellcore document refers to the
Routing Point as the Rating Point. The Rating Point/Routing Point
need not be the same as the Rate Center Point, nor must it be
located within the Rate Center Area, but must be in the same LATA as
the NPA-NXX.
1.87. "Small Exchange Carrier Access Billing (SECAB)" means the document
prepared
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by the Billing Committee of the OBF. The SECAB document, published
by ATIS as Special Report SR OPT-001856, contains the recommended
guidelines for the billing of access and other connectivity
services.
1.88. "Selective Routing" is a service which automatically routes an E911
call to the PSAP that has jurisdictional responsibility for the
service address of the telephone that dailed 911, irrespective of
telephone company exchange or wire center boundaries.
1.89. "Signaling Transfer Point(STP)" means a signaling point that
performs message routing functions and provides information for the
routing of messages between signaling points within or between CCIS
networks. A STP transmits, receives and processes CCIS messages.
1.90. "Switch" means a Central Office Switch as defined in this Part A.
1.91. "Switched Access Detail Usage Data" means a category 1101XX record
as defined in the EMR Bellcore Practice BR 000-000-000.
1.92. "Switched Exchange Access Service" means the offering of
transmission or switching services to Telecommunications Carriers
for the purpose of the origination or termination of Telephone Toll
Service. Switched Exchange Access Services include: Feature Group
A, Feature Group B, Feature Group D,800/888 access and 900 access
and their successor or similar Switched Exchange Access Services.
1.93. "Synchronous Optical Network (SONET)" is an optical interface
standard that allows interworking of transmission products from
multiple vendors (i.e. midspan meets). The base rate is 51.84 MHps
(OC-1/STS-1 and higher rates are direct multiples of the base rate
up to 1.22 GHps).
1.94. "Tandem Office Switches", "Tandem", and "Tandem Switching"
describe Class 4 switches which are used to connect and switch
trunk circuits between and among end office switches and other
tandems.
1.95. "Tariff" means a filing made at the state or federal level for
the provision of a telecommunications service by a
telecommunications carrier that provides for the terms, conditions
and pricing of that service. Such filing may be required or
voluntary and may or may not be specifically approved by the
Commission or FCC.
1.96. "Technically Feasible" refers solely to technical or operational
concerns rather than economic, space, or site considerations.
1.97. "Telecommunications" as defined in the Act.
1.98. "Telecommunications Carrier" as defined in the Act.
1.99. "Telecommunication Services" means the offering of
telecommunications for a
11
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.
1.100. "Thousands Block of Numbers" shall mean 1000 or more consecutive
numbers beginning and ending on a digit boundary, e.g., 949-1000 to
949-1999.
1.101. "Transit Service" means the delivery of Local or non-Local Traffic
by Sprint or CLEC, that originated on one Party's network,
transited through the other Party's network, and terminated to a
third party Telecommunications Carrier's network.
1.102. "Transit Traffic" means Local or non-Local traffic that originated
on one Party's network, and terminated to a third party
Telecommunications Carrier's network.
1.103. "Trunk-Side" refers to a Central Office Switch connection that is
capable of, and has been programmed to treat the circuit as,
connecting to another switching entity or another central office
switch. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching
entities, and cannot be used for the direct connection of ordinary
telephone station sets.
1.104. "Voluntary Federal Subscriber Financial Assistance Programs" are
government programs that subsidize the provision of
Telecommunications Services to low-income subscribers, pursuant to
requirements established by the appropriate state regulatory body.
1.105. "Wholesale Service" as defined in the Act.
1.106. "Wire Center" denotes a building or space within a building which
serves as an aggregation point on a given carrier's network, where
transmission facilities and circuits are connected or switched.
Wire center can also denote a building in which one or more central
offices, used for the provision of Basic Exchange Services and
access services, are located. However, for purposes of EIC service.
Wire Center shall mean those points eligible for such connections
as specified in the FCC Docker No. 91-141, and rules adopted
pursuant thereto.
1.107. "xDSL" refers to a generic term for a new series of high speed
transmission protocols, equipment, and services designed to operate
over copper wire. This series includes but is not limited to ADSL,
VDSL, SDSL, and others.
12
PART B - GENERAL TERMS AND CONDITIONS
1. SCOPE OF THIS AGREEMENT
1.1. This Agreement, including Parts A, B, and Attachments I through
VIII, specifies the rights and obligations of each party with
respect to the establishment, purchase, and sale of Local
Interconnection, resale of Telecommunications Services and Unbundled
Network Elements. Certain terms used in this Agreement shall have
the meanings defined in PART A -- DEFINITIONS, or as otherwise
elsewhere defined throughout this Agreement. Other terms used but
not defined herein will have the meanings ascribed to them in the
Act, in the FCC's and in the Commission's Rules and Regulations.
PART B sets forth the general terms and conditions governing this
Agreement. The attachments set forth, among other things,
descriptions of the services, pricing, technical and business
requirements, and physical and network security requirements.
LIST OF ATTACHMENTS:
----------------------------------------------------
I. Price Schedule
----------------------------------------------------
II. Local Resale
----------------------------------------------------
III. Network Elements
----------------------------------------------------
IV. Interconnection
----------------------------------------------------
V. Interim Number Portability
----------------------------------------------------
VI. Local Number Portability
----------------------------------------------------
VII. General Business Requirements
----------------------------------------------------
VIII. Reporting Standards
----------------------------------------------------
1.2. Sprint shall provide notice of network changes and upgrades in
accordance with (SS) 51.325 through 51.335 of Title 47 of the Code
of Federal Regulations.
1.3. The services and facilities to be provided to CLEC by Sprint in
satisfaction of this Agreement may be provided pursuant to Sprint
tariffs and then current practices.
2. REGULATORY APPROVALS
2.1. This Agreement, and any amendment or modification hereof, will be
submitted to the Commission for approval in accordance with (S) 252
of the Act within thirty (30) days after obtaining the last required
Agreement signature. Sprint and CLEC shall use their best efforts to
obtain approval of this Agreement by any regulatory body having
jurisdiction over this Agreement. In the event any governmental
authority or agency rejects any provision hereof, the Parties shall
negotiate promptly and in good faith such revisions as may
reasonably be required to achieve approval.
13
2.2. The Parties acknowledge that the respective rights and obligations
of each party as set forth in this Agreement are based on the texts
of the Act and the rules and regulations promulgated thereunder by
the FCC and the Commission as of the Effective Date ("Applicable
Rules"). In the event of any amendment of the Act, any effective
legislative action or any effective regulatory or judicial order,
rule, regulation, arbitration aware, dispute resolution procedures
under this Agreement or other legal action purporting to apply the
provisions of the Act to the Parties or in which the FCC or the
Commission makes a generic determination that is generally
applicable which revises, modifies or reverses the Applicable Rules
(individually and collectively, Amended Rules), either Party may, by
providing written notice to the other Party, require that the
affected provisions of this Agreement be renegotiated in good faith
and this Agreement shall be amended accordingly to reflect the
pricing, terms and conditions of each such Amended Rules relating to
any of the provisions in this Agreement.
2.3. Notwithstanding any other provision of this Agreement to the
contrary (S)2.2 hereof shall control. Any rates, term or conditions
thus developed or modified shall be substituted in place of those
previously in effect and shall be deemed to have been effective
under this Agreement as of the effective date established by the
amended rules, whether such action was commenced before or after the
Effective Date of this Agreement. Should the Parties be unable to
reach agreement with respect to the applicability of such order or
the resulting appropriate modifications to this Agreement, either
party may invoke the Dispute Resolution provisions of this
Agreement, it being the intent of the parties that this Agreement
shall be brought into conformity with the then current obligations
under the Act as determined by the amended rules.
2.4. Additional services, beyond those specified herein, requested by
either party relating to the subject matter of this Agreement will
be incorporated into this Agreement by written amendment hereto.
3. TERMS AND TERMINATION
3.1. This Agreement shall be deemed effective upon the Effective Date,
provided however that if CLEC has any outstanding past due
obligations to Sprint, this Agreement will not be effective until
such time as any past due obligations with Sprint are paid in full.
No order or request for services under this Agreement shall be
processed before the Effective Date, except as may otherwise be
agreed in writing between the Parties, provided CLEC has established
a customer account with Sprint and has completed the Implementation
Plan described in Article 30 hereof.
3.2. Except as provided herein, Sprint and CLEC agree to provide service
to each other on the terms defined in this Agreement for a period of
two year(s) ending January 14, 2001 ("End Date").
14
3.3. In the event that CLEC desires uninterrupted service under this
Agreement during negotiations. CLEC shall provide to Sprint written
notification appropriate under the Act, and if the Parties are
actually in arbitration before the appropriate Commission or FCC prior
to the End Date, this Agreement will continue in effect only until the
issuance of an order approving the new Agreement, whether a final non-
appealable order or not, by the Commission or FCC resolving the issues
set forth in such arbitration request.
3.4. In the event of default, the non-defaulting Party may immediately
terminate this Agreement in whole or in part, as set forth herein:
3.4.1. Either Party's insolvency or initiation of bankruptcy or
receivership proceedings by or against the Party: or
3.4.2. Either Party's material breach of any of the terms or
conditions hereof, including the failure to make any
undisputed payment when due provided that the non-defaulting
Party so advises the defaulting Party in writing of the event
of the alleged default and the defaulting Party does not
remedy the alleged default within sixty (60) days after
written notice thereof: and provided further that any such
termination shall be limited to terminating only those
obligations of the non-defaulting Party under this agreement
that are reasonable effected by the default.
3.5. Termination of this Agreement for any cause shall not release either
Party from any liability which at the time of termination has already
accrued to the other Party or which thereafter may accrue in respect
to any act or omission prior to termination or from any obligation
which is expressly stated herein to survive termination.
3.6. In the event this agreement is terminated under (S) 3.4 Sprint may
immediately discontinue processing orders for new service from CLEC
and file with the Commission to terminate this agreement and reassign
CLEC's customers pursuant to the Commission's guidelines for CLEC's
that abandon service.
3.7. Notwithstanding the above, should Sprint sell or trade substantially
all the assets in an exchange or group of exchanges that Sprint uses
to provide Telecommunications Services then Sprint may terminate this
Agreement in whole or in part as to that particular exchange or group
of exchanges upon sixty (60) days prior written notice. Sprint agrees
to provide Carrier with notice of the proposed sale or trade within
five (5) days of the public announcement of execution of an agreement,
memorandum of understanding or letter of intent relating to the
proposed sale or transfer of Sprint's assets in an exchange or group
of exchanges. Sprint shall provide Carrier notice for the purpose of
enabling Carrier to initiate negotiations for a successor agreement
with the proposed buyer.
4. POST TERMINATION INTERIM SERVICE ARRANGEMENTS
15
4.1. In the event that this Agreement expires under (S) 3.2. it is the
intent of the Parties to provide in this Article for interim service
arrangements between the Parties at the time of expiration so that
service to end users will not be interrupted should a new agreement
not be consummated prior to the End Date. Therefore, except in the
case of termination as a result of either Party's default under (S)
3.4. or for termination upon sale under (S) 3.7. for service made
available under this Agreement and existing as of the End Date, the
Parties agree that those services may continue uninterrupted at the
request of either Party provided that:
4.1.1. a new agreement is voluntarily entered into by the Parties;
or
4.1.2. service is provided under such standard terms and conditions
or tariffs approved by and made generally available by the
Commission, if they exist at the time of termination; or
4.1.3. CLEC elects to take service pursuant to the entire terms and
conditions of an existing agreement between Sprint and
another CLEC for the remaining term of that agreement. If
neither (S) 4.1.1 or (S) 4.1.2 ar in effect, and CLEC does
not designate an agreement under this subsection, Sprint may
designate such agreement.
5. CHARGES AND PAYMENT
5.1. In consideration of the services provided by Sprint under this
Agreement, CLEC shall pay the charges set forth in Attachment I
subject to the provisions of (S)(S) 2.2 and 2.3 hereof. The billing
and payment procedures for charges incurred by CLEC hereunder are set
forth in Attachment VIII.
5.2 In addition to any other applicable charges under this Article 5 and
Attachment I, if CLEC purchases unbundled Local Switching elements,
CLEC shall pay Sprint for intrastate toll minutes of use traversing
such unbundled Local Switching elements, intrastate carrier common
line and interconnection charges as outlined on Attachment I hereto
and any explicit intrastate universal service mechanism based on
access charges.
5.3. Subject to the terms of this Agreement, the Parties shall pay
invoices by the due date shown on the invoice. For invoices not paid
when due, late payment charges will be assessed under (S) 5.5. If the
payment due date is a Saturday, Sunday or a designated bank holiday,
payment shall be made the next business day.
5.4 Billed amounts for which written, itemized disputes or claims have
been filed are not due for payment until such disputes or claims have
been resolved in accordance with the provisions governing dispute
resolution of this Agreement, Itemized, written disputes must be
filed with Sprint's National Exchange Access Center ("NEAC") no later
than the due date of the related invoice. A copy of the dispute must
be sent with the remittance of the remainder of the invoice.
16
5.5. Sprint will assess late payment charges to CLEC equal to the lesser of
one and one-half percent (1.5%) per month or the maximum rate allowed
by law for commercial transactions, of the balance due, until the
amount due is paid in full.
5.6. In addition to late payment charges, Sprint will use the following
collection procedures in connection with CLEC's past due amounts.
5.6.1. First, the late payment charge described in (S) 5.5 above will
be added to accounts that are not paid within a thirty (30) day
period.
5.6.2. Second, a notice will be sent to CLEC on day 31 stating that
unless full payment is received within the next thirty (30)
days Sprint will suspend processing new orders.
5.6.3. Third, if the CLEC account remains delinquent on day 61 Sprint
will send a second notice to CLEC stating that Sprint has
suspended processing new orders and unless payment is received
by day 90, service for all CLEC end user customers will be
suspended.
5.6.4. Fourth, should the CLEC account remain outstanding on day 91
Sprint will deny service and send a letter to CLEC stating that
their service has been suspended for non-payment.
5.7. Sprint reserves the right to periodically revise its collection
procedure to conform to then current business practices and
regulations. Sprint will provide timely notification to CLEC of
changes to its collection practice in a manner consistent with its own
customer notification.
6. AUDITS AND EXAMINATIONS
6.1. As used herein "Audit" shall mean a comprehensive review of services
performed under this Agreement: "Examination" shall mean an inquiry
into a specific element of or process related to services performed
under this Agreement billed amounts. Either party (the "Requesting
Party") may perform one (1) Audit per twelve (12) month period
commencing with the Effective Date. The Audit period will include no
more than the preceding twelve (12) month period as of the date of the
Audit request. The Requesting Party may perform Examinations, as it
deems necessary, with the assistance of the other Party, which will
not be unreasonably withheld.
6.2. Upon thirty (30) days written notice by the Requesting Party to
Audited Party, Requesting Party shall have the right through its
authorized representative to make an Audit or Examination, during
normal business hours, of any records, accounts and processes which
contain information bearing upon the provision of the services
provided and performance standards agreed to under this Agreement.
Within the above-described thirty (30) day period, the Parties shall
reasonably agree upon the scope of the Audit or Examination, the
documents and processes to
17
be reviewed, and the time, place and manner in which the Audit or
Examination shall be performed. Audited Party agrees to provide Audit
or Examination support, including appropriate access to and use of
Audited Party's facilities (e.g. conference rooms, telephones, copying
machines).
6.3. Each party shall bear its own expenses in connection with the conduct
of the Audit or Examination. The reasonable cost of special data
extraction required by the Requesting Party to conduct the Audit or
Examination will be paid for by the Requesting Party. For purposes of
this (S) 6.3, a "Special Data Extraction" shall mean the creation of
an output record or informational report (from existing data files)
that is not created in the normal course of business. If any program
is developed to Requesting Party's specifications and at Requesting
Party's expense, Requesting Party shall specify at the time of request
whether the program is to be retained by Audited party for reuse for
any subsequent Audit or Examination.
6.4. Adjustments based on the audit findings may be applied to the twelve
(12) month period included in the audit. Adjustments, credits or
payments shall be made and any corrective action shall commence within
thirty (30) days from receipt of requesting Party's receipt of the
final audit report to compensate for any errors or omissions which are
disclosed by such Audit or Examination and are agreed to by the
Parties. Interest shall be calculated in accordance with (S) 5.5
herein.
6.5. Neither such right to examine and audit nor the right to receive an
adjustment shall be affected by any statement to the contrary
appearing on checks or otherwise, unless such statement expressly
waiving such right appears in writing, is signed by the authorized
representative of the party having such right and is delivered to the
other party in a manner sanctioned by this Agreement.
6.6. This Article 6 shall survive expiration or termination of this
Agreement for a period of one (1) year after expiration or termination
of this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. 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.
7.2. Neither Party shall have any obligation to defend, indemnify or hold
harmless, or acquire any license or right for the benefit of, or owe
any other obligation or any liability to, the other Party based on or
arising from any claim, demand, or proceeding by any third party
alleging or asserting that the use of any circuit, apparatus or
system, or the use of any software, or the performance of any service
18
or method or the provision or use of any facilities by either party
under this Agreement, constitutes direct or contributory
infringement, or misuse or misappropriation of any patent, copyright,
trademark, trade secret, or any other proprietary or intellectual
property right of any third party.
7.3. Following notice of an infringement claim against Sprint based on the
use by CLEC of a service or facility, CLEC shall at CLEC's expense
procure from the appropriate third parties the right to continue to
use the alleged infringing intellectual property or if CLEC fails to
do so. Sprint may charge CLEC for such costs as permitted under a
Commission order.
8. LIMITATION OF LIABILITY
8.1. Except as otherwise set forth in this Agreement, neither Party shall
be responsible to the other for any indirect, special, consequential
or punitive damages, including (without limitation) damages for loss
of anticipated profits or revenue or other economic loss in
connection with or arising from anything said, omitted, or done
hereunder (collectively "Consequential Damages"), whether arising in
contract or tort, provided that the foregoing shall not limit a
Party's obligation under Article 9 to indemnify, defend, and hold the
other party harmless against amounts payable to third parties.
Notwithstanding the foregoing, in no event shall Sprint's liability
to CLEC for a service outage exceed an amount equal to the
proportionate charge for the service(s) or unbundled element(s)
provided for the period during which the service was affected.
9. INDEMNIFICATION
9.1. Each Party agrees to indemnify and hold harmless the other Party from
and against claims for damage to tangible personal or real property
and/or personal injuries arising out of the negligence or willful act
or omission of the indemnifying Party or its agents, servants,
employees, contractors or representatives. To the extent not
prohibited by law, each Party shall defend, indemnify, and hold the
other Party harmless against any loss to a third party arising out of
the negligence or willful misconduct by such indemnifying Party, its
agents, or contractors in connection with its provision of service or
functions under this Agreement. Notwithstanding the above, in the
case of any loss alleged or damage claim made by a Customer of either
Party in connection with the service provided by that Party, and
which allegation or claim relates in some way to a service provided
under this Agreement, the Party whose customer alleged such loss
shall indemnify the other Party and hold it harmless against any or
all of such loss alleged by each and every Customer which arises out
of the negligence or willful misconduct of the indemnifying Party.
The indemnifying Party under this Article agrees to defend any suit
brought against the other Party either individually or jointly with
the indemnified Party for any such loss, injury, liability, claim or
demand. The indemnified Party agrees to notify the other Party
promptly, in writing, of any written claims, lawsuits or demands for
which it is
19
claimed that the indemnifying Party is responsible under this Article
and to cooperate in every reasonable way to facilitate defense or
settlement of claims. The indemnifying Party shall have complete
control over defense of the case and over the terms of any proposed
settlement or compromise thereof. The indemnifying Party shall not be
liable under this Article for settlement by the indemnified Party of
any claim, lawsuit, or demand, if the indemnifying Party has not
approved the settlement in advance, unless the indemnifying Party has
had the defense of the claim, lawsuit, or demand tendered to it in
writing and has failed to assume such defense. In the event of such
failure to assume defense, the indemnifying Party shall be liable for
any reasonable settlement made by the indemnified Party without
approval of the indemnifying Party.
9.2. Each Party agrees to indemnify and hold harmless the other Party from
all claims and damages arising from the Indemnifying Party's
discontinuance of service to one of the Indemnifying Party's
subscribers for nonpayment.
9.3 When the lines or services of other companies and Carriers are used
in establishing connections to and/or from points not reached by a
Party's lines, neither Party shall be liable for any act or omission
of the other companies or Carriers.
9.4. In addition to its indemnity obligations hereunder, each Party shall,
to the extent allowed by law or Commission Order, provide, in its
tariffs and contracts with its subscribers that relate to any
Telecommunications Services or Network Element provided or
contemplated under this Agreement, that in no case shall such Party
or any of its agents, contractors or others retained by such Party
be liable to any subscriber or third party for (i) any loss relating
to or arising out of this Agreement, whether in contract or tort,
that exceeds the amount such Party would have charged the applicable
subscriber for the service(s) or function(s) that gave rise to such
loss, and (ii) Consequential Damages (as defined in Article 8 above).
10. BRANDING
10.1. CLEC shall provide the exclusive interface to CLEC subscribers,
except as CLEC shall otherwise specify for the reporting of trouble
or other matters identified by CLEC for which Sprint may directly
communicate with CLEC subscribers. In those instances where CLEC
requests that Sprint personnel interface with CLEC subscribers, such
Sprint personnel shall inform the CLEC subscribers that they are
representing CLEC, or such brand as CLEC may specify.
10.2. Other business materials furnished by Sprint to CLEC subscribers
shall bear no corporate name, logo, trademark or tradename.
10.3. Except as specifically permitted by a Party, in no event shall either
Party provide information to the other Party's subscribers about the
other Party or the other Party's products or services.
20
10.4. Sprint shall share pertinent details of Sprint's training approaches
related to branding with CLEC to be used by Sprint to assure that
Sprint meets the branding requirements agreed to by the Parties.
10.5. This Article 10 shall not confer on either Party any rights to the
service marks, trademarks and/or trade names owned by or used in
connection with services by the other Party, except as expressly
permitted in writing by the other Party.
11. CONFIDENTIALITY AND PUBLICITY
11.1. All information which is disclosed by one party ("Disclosing Party")
to the other ("Recipient") in connection with this Agreement, or
acquired in the course of performance of this Agreement, shall be
deemed confidential and proprietary to the Disclosing Party and
subject to this Agreement, such information including but not
limited to, orders for services, usage information in any form, and
CPNI as that term is defined by the Act and the rules and
regulations of the FCC ("Confidential and/or Proprietary
Information").
11.2. During the term of this Agreement, and for a period of one (1) year
thereafter, Recipient shall (i) use it only for the purpose of
performing under this Agreement, (ii) hold it in confidence and
disclose it only to employees or agents who have a need to know it
in order to perform under this Agreement, and (iii) safeguard it
from unauthorized use or Disclosure using no less than the degree of
care with which Recipient safeguards its own Confidential
Information.
11.3. Recipient shall have no obligation to safeguard Confidential
Information (i) which was in the Recipient's possession free of
restriction prior to its receipt from Disclosing Party, (ii) which
becomes publicly known or available through no breach of this
Agreement by Recipient, (iii) which is rightly acquired by Recipient
free of restrictions on its Disclosure or, (iv) which is
independently developed by personnel of Recipient to whom the
Disclosing Party's Confidential Information had not been previously
disclosed. Recipient may disclose Confidential Information if
required by law, a court, or governmental agency, provided that
Disclosing Party has been notified of the requirement promptly after
Recipient becomes aware of the requirement, and provided that
Recipient undertakes all lawful measures to avoid disclosing such
information until Disclosing Party has had reasonable time to obtain
a protective order. Recipient agrees to comply with any protective
order that covers the Confidential Information to be disclosed.
11.4. Each Party agrees that Disclosing Party would be irreparably injured
by a breach of this Article 11 by Recipient or its representatives
and that Disclosing Party shall be entitled to seek equitable
relief, including injunctive relief and specific performance, in the
event of any breach of this Article 11. Such remedies shall not be
exclusive, but shall be in addition to all other remedies available
at law or in equity.
21
11.5. Unless otherwise agreed, neither Party shall publish or use the
other Party's logo, trademark, service xxxx, name, language,
pictures, symbols or words from which the other Party's name may
reasonably be inferred or implied in any product, service,
advertisement, promotion, or any other publicity matter, except that
nothing in this paragraph shall prohibit a Party from engaging in
valid comparative advertising. This (S) 11.5 shall confer no rights
on a Party to the service marks, trademarks and trade names owned or
used in connection with services by the other Party or its
Affiliates, except as expressly permitted by the other Party.
11.6. Neither Party shall produce, publish, or distribute any press
release nor other publicity referring to the other Party or its
Affiliates, or referring to this Agreement, without the prior
written approval of the other Party. Each party shall obtain the
other Party's prior approval before discussing this Agreement in any
press or media interviews. In no event shall either Party
mischaracterize the contents of this Agreement in any public
statement or in any representation to a governmental entity or
member thereof.
11.7. Except as otherwise expressly provided in this Article 11, nothing
herein shall be construed as limiting the rights of either Party
with respect to its customer information under any applicable law,
including without limitations (S) 222 of the Act.
12. DISCLAIMER OF WARRANTIES
12.1. EXCEPT AS SPECIFICALLY PROVIDED ELSEWHERE IN THIS AGREEMENT TO THE
CONTRARY, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED WITH RESPECT TO QUALITY, FUNCTIONALITY OR
CHARACTERISTICS OF THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR
STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES,
ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS,
DESCRIPTIONS OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON
EITHER PARTY AS A WARRANTY.
13. ASSIGNMENT AND SUBCONTRACT
13.1. If any Affiliate of either Party succeeds to that portion of the
business of such Party that is responsible for, or entitled to, any
rights, obligations, duties, or other interests under this
Agreement, such Affiliate may succeed to those rights, obligations,
duties, and interest of such Party under this Agreement. In the
event of any such succession hereunder, the successor shall
expressly undertake in writing to the other Party the performance
and liability for those obligations and
22
duties as to which it is succeeding a Party to this Agreement.
Thereafter, the successor Party shall be deemed Carrier or Sprint and
the original Party shall be relieved of such obligations and duties,
except for matters arising out of events occurring prior to the date
of such undertaking.
13.2. Except as herein before provide, and except for an assignment
confined solely to moneys due or to become due, any assignment of
this Agreement or of the work to be performed, in whole or in part,
or of any other interest of a Party hereunder, without the other
Party's written consent, which consent shall not be unreasonably
withheld or delayed, shall be void. It is expressly agreed that any
assignment of monies shall be void to the extent that it attempts to
impose additional obligations other than the payment of such moneys
on the other Party or the assignee additional to the payment of such
moneys.
14. GOVERNING LAW
14.1. This Agreement shall be governed by and construed in accordance with
the Act, orders of the Commission, and the FCC's Rules and
Regulations, except insofar as state law may control any aspect of
this Agreement, in which case the domestic laws of the State of
Nevada, without regard to its conflicts of laws principles, shall
govern. In all other respects, in the event of a conflict between the
provisions of this Agreement and the Act, the provisions of the Act
shall govern.
15. RELATIONSHIP OF PARTIES
15.1. It is the intention of the Parties that each Party shall be an
independent contractor and nothing contained herein shall constitute
the Parties as joint ventures, partners, employees or agents of one
another, and neither Party shall have the right or power to bind or
obligate the other.
16. NO THIRD PARTY BENEFICIARIES
16.1. The provisions of this Agreement are for the benefit of the Parties
hereto and not for any other person, and this Agreement shall not
provide any person not a party hereto with any remedy, claim,
liability, reimbursement, right of action, or other right in excess
of those existing without reference hereto. This shall not be
construed to prevent Carrier from providing its Telecommunications
Services to other carriers.
17. NOTICES
171.1 Except as otherwise provided herein, all notices or other
communication hereunder shall be deemed to have been duly given when
made in writing and delivered in person or deposited in the United
States mail, certified mail, postage prepaid, return receipt
requested and addresses as follows:
23
If to Sprint: If to
Director CLEC: Xxxx Xxxxxxx
Local Xxxxxx Markets VP Regulatory Affairs
Sprint Pac-West Telecomm, Inc
0000 Xxxxxxx Xxxxxxx Xxxx 0000 Xxxxxxxx Xxxxxx
Mailstop KSFR WB0301 Xxxxxxxx XX 00000
Xxxxxxx, XX 00000
with a Xxxxx Xxxxx With a Xxxx Xxxxx, Esq
(Regulatory Counsel)
copy to: Regional Director Goodin, MacBride, Squen.
Sprint of Nevada Copy to: Schlotz & Xxxxxxx
000 X. Xxxxxx Xxxx Xxxx. 000 Xxxxxxx Xxxxxx,
Xxxxx 000
Xxx Xxxxx XX 00000 Xxx Xxxxxxxxx, XX 00000
17.2. If personal delivery is selected to give notice, a receipt of such
delivery shall be obtained. The address to which notices or
communications may be given to either party may be changed by
written notice given by such Party to the other pursuant to this
Article 17.
18. WAIVERS.
18.1. No waiver of any provisions of this Agreement and no consent to any
default under this Agreement shall be effective unless the same
shall be in writing and properly executed by or on behalf of the
Party against whom such waiver or consent is claimed.
18.2. No course of dealing or failure of any Party to strictly enforce any
term, right, or condition of this Agreement in any instance shall be
construed as a general waiver or relinquishment of such term, right
or condition.
18.3. Waiver by either party of any default by the other Party shall not
be deemed a waiver of any other default.
19. SURVIVAL
19.1. Termination of this Agreement, or any part hereof, for any cause
shall not release either Party from any liability which at the same
time of termination had already accrued to the other Party or which
thereafter accrues in any respect to any act or omission occurring
prior to the termination or from an obligation which is expressly
stated in this Agreement to survive termination including but not
limited to (S)(S) 5.6.7.8.11.16.18.21.
20. FORCE MAJEURE
20.1. Neither Party shall be held liable for any delay or failure in
performance of any
24
part of this Agreement from any cause beyond its control and without
its fault or negligence, such as acts of God, acts of civil or
military authority, embargoes, epidemics, war, terrorist acts, riots,
insurrections, fires, explosions, earthquakes, nuclear accidents,
floods, power blackouts, strikes, work stoppage affecting a supplier
or unusually severe weather. No delay or other failure to perform
shall be excused pursuant to this Article 20 unless delay or failure
and consequences thereof are beyond the control and without the fault
or negligence of the Party claiming excusable delay or other failure
to perform. In the event of any such excused delay in the performance
of a Party's obligation(s) under this Agreement, the due date for the
performance of the original obligation(s) shall be extended by a term
equal to the time lost by reason of the delay. In the event of such
delay, the delaying Party shall perform its obligations at a
performance level no less than that which it uses for its own
operations. In the event of such performance delay or failure by
Sprint, Sprint agrees to resume performance in a nondiscriminatory
manner and not favor its own provision of Telecommunications Services
above that of CLEC.
21. DISPUTE RESOLUTION
21.1. The Parties recognize and agree that the Commission has continuing
jurisdiction to implement and enforce all terms and conditions of
this Agreement. Accordingly, the Parties agree that any dispute
arising out of or relating to this Agreement that the Parties
themselves cannot resolve may be submitted to the Commission for
resolution. The Parties agree to seek expedited resolution by the
Commission, and shall request that resolution occur in no event later
than sixty (60) days from the date of submission of such dispute. If
the Commission appoints an expert(s) or other facilitator(s) to
assist in its decision making, each party shall pay half of the fees
and expenses so incurred. During the Commission proceeding each Party
shall continue to perform its obligations under this Agreement
provided, however, that neither Party shall be required to act in any
unlawful fashion. This provision shall not preclude the Parties from
seeking relief available in any other forum.
21.2. If any portion of an amount due to a Party ("the Billing Party")
under this Agreement is subject to a bona fide dispute between the
---- ----
Parties, the Party billed (the "Non-Paying Party") shall within
thirty (30) days of its receipt of the invoice containing such
disputed amount give written notice to the Billing Party at the
address(es) indicated in Article 17 herein of the amounts it disputes
("Disputed Amounts") and include in such notice the specific details
and reason for disputing each item. The Non-Paying Party shall pay
when due all undisputed amounts to the Billing Party, and shall
include a copy of the dispute with the payment of the undisputed
amounts. The balance of the Disputed Amount, after the necessary
adjustments have been made for the disputed amounts found in CLEC's
favor, shall be paid with late charges, if appropriate, upon final
determination of such dispute.
25
21.3. If the Parties are unable to resolve the issues related to the
Disputed Amounts in the normal course of business within thirty (30)
days after delivery to the Billing Party of notice of the Disputed
Amounts, each of the Parties shall appoint a designated
representative that has authority to settle the dispute and that is
at a higher level of management than the persons with direct
responsibility for administration of this Agreement. The designated
representatives shall meet as often as they reasonably deem
necessary in order to discuss the dispute and negotiate in good
faith in an effort to resolve such dispute. The specific format for
such discussions will be left to the discretion of the designated
representatives, however all reasonable requests for relevant
information made by one Party to the other Party shall be honored.
21.4. If the Parties are unable to resolve issues related to the Disputed
Amounts within thirty (30) days after the Parties' appointment of
designated representatives pursuant to (S) 21.3, then either Party
may file a complaint with the Commission to resolve such issues or
proceed with any other remedy pursuant to law or equity. The
Commission may direct payment of any or all funds plus applicable
late charges to be paid to either Party.
22. COOPERATION ON FRAUD
22.1. The Parties agree that they shall cooperate with one another to
investigate, minimize and take corrective action in cases of fraud.
The Parties' fraud minimization procedures are to be cost effective
and implemented so as not to unduly burden or harm one party as
compared to the other.
23. TAXES
23.1 Any Federal, state or local excise, license, sales, use, or other
taxes or tax-like charges (excluding any taxes levied on income)
resulting from the performance of this Agreement shall be borne by
the Party upon which the obligation for payment is imposed under
applicable law, even if the obligation to collect and remit such
taxes is placed upon the other Party. Any such taxes shall be shown
as separate items on applicable billing documents between the
Parties. The Party obligated to collect and remit taxes shall do so
unless the other Party provides such Party with the required
evidence of exemption. The Party so obligated to pay any such taxes
may contest the same in good faith at its own expense, and shall be
entitled to the benefit of any refund or recovery, provided that
such party shall not permit any lien to exist on any asset of the
other party by reason of the contest. The Party obligated to collect
and remit taxes shall cooperate fully in any such contest by the
other Party by providing records, testimony and such additional
information or assistance as may reasonably be necessary to pursue
the contest.
24. AMENDMENTS AND MODIFICATIONS
24.1 No provision of this Agreement shall be deemed waived, amended or
modified by
26
either party unless such a waiver, amendment or modification is in
writing, dated, and signed by both Parties.
25. SEVERABILITY
25.1 Subject to Part B, Article 2, if any part of this Agreement is held
to be invalid for any reason, such invalidity will affect only the
portion of this Agreement which is invalid. In all other respects
this Agreement will stand as if such invalid provision had not been a
part thereof, and the remainder of the Agreement shall remain in full
force and effect.
26. HEADINGS NOT CONTROLLING
26.1 The headings and numbering of Articles, Sections, Parts and
Attachments in this Agreement are for convenience only and shall not
be construed to define or limit any of the terms herein or affect the
meaning or interpretation of this Agreement.
27. ENTIRE AGREEMENT
27.1 This Agreement, including all Parts and Attachments and subordinate
documents attached hereto or referenced herein, all of which are
hereby incorporated by reference herein, constitute the entire matter
thereof, and supersede all prior oral or written agreements,
representations, statements, negotiations, understandings, proposals,
undertakings with respect to the subject matter thereof.
28. COUNTERPARTS
28.1 This Agreement may be executed in counterparts. Each counterpart
shall be considered an original and such counterparts shall together
constitute one and the same instrument.
29. SUCCESSORS AND ASSIGNS
29.1 This Agreement shall be binding upon, and inure to the benefit of,the
Parties hereto and their respective successors and permitted assigns.
30. IMPLEMENTATION PLAN
30.1 This Agreement sets forth the overall standards of performance for
services, processes, and systems capabilities that the Parties will
provide to each other, and the intervals at which those services,
processes and capabilities will be provided. The Parties understand
that the arrangements and provision of services described in this
Agreement shall require technical and operational coordination
between the Parties. Accordingly, the Parties agree to form a team
(the "Implementation Team") that shall develop and identify those
processes, guidelines, specifications, standards and additional terms
and conditions necessary to support the terms of this Agreement. Each
Party shall designate, in writing, no more than (4)
27
persons to be permanent members of the Implementation Team;provided
that either Party may include in meetings or activities such
technical specialists or other individuals as may be reasonably
required to address a specific task, matter or subject. Each Party
may replace its representatives by delivering written notice thereof
to the other Party.
30.2. The agreements reached by the Implementation Team shall be documented
in an operations manual (the "Implementation Plan") within one
hundred-twenty (120) days of both Parties having designated members
of the Implementation Team. The Implementation Plan shall address the
following matters, and may include any other matters agreed upon by
the Implementation Team;
30.2.1. the respective duties and responsibilities of the Parties
with respect to the administration and maintenance of the
interconnections (including signaling) specified in
Attachment 3 and the trunk groups specified in Attachment 4
and including standards and procedures for notification and
discoveries of trunk disconnects;
30.2.2. disaster recovery and escalation provisions,
30.2.3. access to Operations Support Systems functions provided
hereunder including gateways and interfaces;
30.2.4. escalation procedures for ordering, provisioning,
billing,and maintenance;
30.2.5. single points of contact for ordering, provisioning,
billing, and maintenance;
30.2.6. service ordering and provisioning procedures, including
provision of the trunks and facilities;
30.2.7. provisioning and maintenance support;
30.2.8. conditioning and provisioning of collocation space and
maintenance of Virtually Collocated equipment;
30.2.9. procedures and processes for Directories and Directory
Listings;
30.2.10. billing processes and procedures;
30.2.11. network planning components including time intervals;
30.2.12. joint systems readiness and operational readiness plans;
30.2.13. appropriate testing of services, equipment, facilities
and Network Elements;
30.2.14. monitoring of inter-company operational processes;
30.2.15. procedures for coordination of local PIC changes and
processing;
28
30.2.16. physical and network security concerns; and
30.2.17. such other matters specifically referenced in this
Agreement that are to be agreed upon by the Implementation
Team and/or contained in the Implementation Plan.
30.3. The Implementation Plan may be amended from time to time by the
Implementation Team, as the team deems appropriate. Unanimous written
consent of the permanent members of the Implementation Team shall be
required for any action of the Implementation Team. If the
Implementation Team is unable to act, the existing provisions of the
Implementation Plan shall remain in full force and effect.
31. FEDERAL JURISDICTIONAL AREAS
31.1. CLEC understands and agrees that this agreement serves as actual
notice that Sprint and its Affiliates have entered into a binding
contract to provide exclusive telecommunications services for the
Army and Air Force Exchange Service ("AAFES") during the term of this
agreement. The AAFES contract specifies among other things, that
Sprint shall provide all telecommunications services to officer and
enlisted temporary living facilities (commonly named Bachelor Officer
Quarters and Bachelor Enlisted Quarters) and to all unaccompanied
enlisted personnel barracks on United States Army bases. CLEC agrees
it will not market to or attempt to secure any customer located in an
area governed by this exclusive telecommunications service provider
contract.
29
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed by its duly authorized representatives.
"Sprint" "CLEC"
THE NEVADA DIVISION PAC-WEST XXXXXXXX.XXX.
OF CENTRAL TELEPHONE
COMPANY, D/B/A SPRINT OF
NEVADA
By: /s/ Xxxxx Xxxxx By: /s/ Xxxx Xxxxxxx
---------------- ------------------------
Name /s/ Xxxxx X.Xxxxx Name
(typed): ----------------- (typed): /s/ Xxxx Xxxxxxx
------------------------
Title: Regional Director Title: Vice President Business
----------------- Operations
------------------------
Date: _________________ Date: 01/15/99
------------------------
30
ATTACHMENT I
GENERAL PRINCIPLES
1. PRICE SCHEDULE
1.1. Subject to the provisions of Part B, Article 2 of this Agreement, all
rates provided under this Agreement shall remain in effect for the
term of this Agreement.
2. LOCAL SERVICE RESALE
2.1. The rates that CLEC shall pay to Sprint for Local Resale are as set
forth in Table 1 of this Attachment and shall be applied consistent
with the provisions of Attachment II of this Agreement.
3. INTERCONNECTION AND RECIPROCAL COMPENSATION
3.1. The rates to be charged for the exchange of Local Traffic are set
forth in Table 1 of this Attachment and shall be applied consistent
with the provisions of Attachment IV of this Agreement.
3.2. Compensation for the termination of toll traffic and the origination
of 800 traffic between the interconnecting parties shall be based on
the applicable access charges in accordance with FCC and Commission
Rules and Regulations and consistent with the provisions of Attachment
IV of this Agreement.
3.3 INP is available in all Sprint service areas where LNP is not
available. Once LNP is available, all INP arrangements will be
converted to LNP. Where INP is available and a toll call is completed
through Sprint's INP arrangement (e.g., remote call forwarding) to
CLEC's subscriber. CLEC shall be entitled to applicable access charges
in accordance with the FCC and Commission Rules and Regulations. If a
national standard billing method has not been developed for a CLEC to
directly xxxx x xxxxxxx access for a toll call that has been completed
using interim number portability, then the blended rate per line
method described in (S) 3.3.1 herein will be used.
3.3.1. The Parties will jointly determine the amount of traffic that
will be considered INP'ed traffic for compensation purposes.
The ported party shall charge the porting party on a per line
basis using an average of Sprint's per line minutes of use and
Sprint's access rates in lieu of any other compensation
charges for terminating such traffic. The traffic that is not
identified as INP'ed will be compensated as local
interconnection as set forth in (S) 3.1.
3.3.2. For compensation of the INP Local Traffic, the Parties shall
jointly develop a process which will allow compensation for
INP'ed traffic to be based on the initial origination point
and final terminated point of the
31
INP'ed call. The full reciprocal compensation rate, as listed
in the Pricing Schedule, shall apply for Local Traffic, and
full switched access charges, as listed in applicable tariffs,
shall apply for intraLATA and interLATA. All three sets of
rates will be weighted together based on the agreed minutes of
use patterns to establish a single rate per INP line.
3.3.3. CLEC shall pay a transit rate, comprised of the transport and
tandem rate elements, as set forth in Table 1 of this
Attachement when CLEC uses a Sprint access tandem to terminate
a local call to a third party LEC or another CLEC. Sprint shall
pay CLEC a transit rate equal to the Sprint rate referenced
above when Sprint uses a CLEC switch to terminate a local call
to a third party LEC or another CLEC.
3.4 To receive reciprocal compensation for local calls, the call must
originate and terminate within Sprint's tariffed local calling area.
In order to treat a call terminating to CLEC as local, CLEC will
established a point of interconnection (POI) as defined in Attachment
IV, (S)1.2.1 xxxxx, within Sprint's local serving area (or at Sprint's
option, at the tandem/host office). Should CLEC not establish a POI,
as noted above, each Party will compensate the other via the
intraLATA toil settlement arrangement currently in existence between
Sprint and CLEC, which is based on the rates and elements included in
the Parties access tariffs. In addition, Sprint will xxxx toll charges
to Sprint's end users that originate calls to CLEC's NXXs.
4. UNBUNDLED NETWORK ELEMENTS
4.1. The charges that CLEC shall pay to Sprint for Unbundled Network
Elements are set forth in Table 1 of this Attachment I.
32
TABLE 1 NETWORK ELEMENT PRICE LIST-SPRINT NEVADA
------------------------------------------------------------
RESALE DISCOUNTS:
------------------------------------------------------------
Other than Operator/DA 21.00%
Op Assist/DA 21.00%
------------------------------------------------------------
USAGE FILE CHARGES:
------------------------------------------------------------
Message Provisioning, per message $0.005
Data Transmission, per message $0.002
Tape Charge, per tape $50.00
------------------------------------------------------------------------------------------------------
RATE ELEMENT SOURCE RECURRING RATE NRC
------------------------------------------------------------------------------------------------------
TELRIC COST STUDY
------------------------------------------------------------------------------------------------------
Service Order NRC $25.15
------------------------------------------------------------------------------------------------------
Service Order Listing Only $20.82
------------------------------------------------------------------------------------------------------
Service Order via IRES $ 3.66
------------------------------------------------------------------------------------------------------
Central Office interconnection Charge $ 4.90
------------------------------------------------------------------------------------------------------
Trip Charge $17.00
------------------------------------------------------------------------------------------------------
Outside Plant interconnection (2-W) $30.76
------------------------------------------------------------------------------------------------------
Outside Plant interconnection (4-W) $51.52
------------------------------------------------------------------------------------------------------
Testing $ 1.31
------------------------------------------------------------------------------------------------------
Loop Rework Charge (2-W) $ 9.55
------------------------------------------------------------------------------------------------------
Loop Rework Charge (4-W) $13.70
------------------------------------------------------------------------------------------------------
Trouble Isolation and Testing $68.36
------------------------------------------------------------------------------------------------------
NID TELRIC COST STUDY
------------------------------------------------------------------------------------------------------
Network Interface Device w/1 Line $ 1.55
------------------------------------------------------------------------------------------------------
Network Interface Device w/2 Lines $ 1.77
------------------------------------------------------------------------------------------------------
Network Interface Device w/6 Lines $ 3.10
------------------------------------------------------------------------------------------------------
LOOP TELRIC COST STUDY
------------------------------------------------------------------------------------------------------
Analog 2-wire Band 1 $ 9.51
------------------------------------------------------------------------------------------------------
Band 2 $12.59
------------------------------------------------------------------------------------------------------
Band 3 $15.71
------------------------------------------------------------------------------------------------------
Band 4 $22.45
------------------------------------------------------------------------------------------------------
Band 5 $53.36
------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------
Analog 4-wire Band 1 $15.12
------------------------------------------------------------------------------------------------------
Band 2 $20.02
------------------------------------------------------------------------------------------------------
Band 3 $24.99
------------------------------------------------------------------------------------------------------
Band 4 $35.70
------------------------------------------------------------------------------------------------------
Band 5 $84.84
------------------------------------------------------------------------------------------------------
LOCAL SWITCHING TELRIC COST STUDY
------------------------------------------------------------------------------------------------------
Band 1 $ 6.17
------------------------------------------------------------------------------------------------------
Band 2 $ 7.21
------------------------------------------------------------------------------------------------------
Band 3 $10.42
------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------
Intrastate CCL Ong* Intrastate Access Tariff N/A
------------------------------------------------------------------------------------------------------
Intrastate CCL Term* N/A
------------------------------------------------------------------------------------------------------
RIC* Current tariff rate
------------------------------------------------------------------------------------------------------
LOOP & PORT COMB. Discount TELRIC COST STUDY
------------------------------------------------------------------------------------------------------
(1 Line NID. 2 Wire Loop & Basic Port) $ 1.68 N/A
------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------
FEATURES TELRIC COST STUDY
------------------------------------------------------------------------------------------------------
CCL Package* $ 0.35 $ 2.55
------------------------------------------------------------------------------------------------------
3 Way Calling - Usage Sens. $ 0.01 N/A
------------------------------------------------------------------------------------------------------
CLASS Package $ 4.31 $ 4.90
------------------------------------------------------------------------------------------------------
Page 1 of 9
TABLE 1 NETWORK ELEMENT PRICELIST - SPRINT NEVADA
------------------------------------------------------------------------------------------------------------------------------------
. Automatic Recall - Usage Per Call $ 0.003 N/A
------------------------------------------------------------------------------------------------------------------------------------
. Customer Originated Trace - Per Trace $ 0.17 $ 0.47
------------------------------------------------------------------------------------------------------------------------------------
. Automatic Callback - Usage-per Trace $ 0.01 N/A
------------------------------------------------------------------------------------------------------------------------------------
CENTREX Package $ 10.95 $ 23.06
------------------------------------------------------------------------------------------------------------------------------------
. 3 Way Conf/Consult/Hold Transfer $ 2.95 $ 13.20
------------------------------------------------------------------------------------------------------------------------------------
. Conf Calling - 6 Way Station Control $ 4.69 $ 13.20
------------------------------------------------------------------------------------------------------------------------------------
. Dial Transfer to Tandem Tie Line $ 0.11 $ 88.02
------------------------------------------------------------------------------------------------------------------------------------
. Direct Connect $ 0.01 $ 13.20
------------------------------------------------------------------------------------------------------------------------------------
. Meet Me Conference $ 31.03 $ 22.24
------------------------------------------------------------------------------------------------------------------------------------
. Multi-Xxxx Service $ 0.05 $ 13.20
------------------------------------------------------------------------------------------------------------------------------------
INTERIM NUMBER PORTABILITY TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
RCF Residential $ 0.07 $ 0.47
------------------------------------------------------------------------------------------------------------------------------------
RCF Business $ 0.29 $ 0.47
------------------------------------------------------------------------------------------------------------------------------------
Call Path Residential $ 0.01 $ 0.42
------------------------------------------------------------------------------------------------------------------------------------
Call Path Business $ 0.05 $ 0.42
------------------------------------------------------------------------------------------------------------------------------------
TANDEM SWITCHING TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
$ 0.001341 $ 93.40
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
TRANSPORT TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
Dedicated DS 1 1 Zone - 1 Ring $ 64.51 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
2 Zone - 1 Ring $ 93.79 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 2 Rings $ 126.34 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 3 Rings $ 197.46 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Zone 2 Rings $ 97.06 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
2 Zone 2 Rings $ 156.57 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxxx, 0 Xxxx 0 Xxxxx $ 227.68 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 0 Xxxxx, 0 Xxxx 3 Rings $ 256.96 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Zone 3 Rings $ 168.17 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
2 Zone, 3 Rings $ 295.28 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
Dedicated DS 3 1 Zone - 1 Ring $ 819.93 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
2 Zone - 1 Ring $ 1,639.86 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 2 Rings $ 2,486.11 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 3 Rings $ 4,379.10 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Zone - 2 Rings $ 1,666.18 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
2 Zone - 2 Rings $ 3,332.36 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxxx, 0 Xxxx 0 Xxxxx $ 5,225.34 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 0 Xxxxx, 0 Xxxx 3 Rings $ 6,045.28 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Zone - 3 Rings $ 3,559.17 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
2 Zone - 3 Rings $ 7,118.33 $ 207.09
------------------------------------------------------------------------------------------------------------------------------------
Common
------------------------------------------------------------------------------------------------------------------------------------
State Wide Average $ 0.000493 N/A
------------------------------------------------------------------------------------------------------------------------------------
RECIPROCAL COMPENSATION TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
(End Office/TDM Switching/Transport)
------------------------------------------------------------------------------------------------------------------------------------
END OFFICE $ 0.002532 $ 93.40
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
TANDEM SWITCHING $ 0.001341 $ 93.40
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
TRANSPORT
------------------------------------------------------------------------------------------------------------------------------------
Dedicated DS 1 1 Zone - 1 Ring $ 64.51 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
2 Zone - 1 Ring $ 696.79 $ 102.53
------------------------------------------------------------------------------------------------------------------------------------
Page 2 of 9
TABLE 1 NETWORK ELEMENT PRICE LIST-SPRINT NEVADA
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 2 Rings $ 126.34 $102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 3 Rings $ 197.46 $102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Zone 2 Rings $ 97.06 $102.53
------------------------------------------------------------------------------------------------------------------------------------
2 Zone 2 Rings $ 156.57 $102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxxx, 0 Xxxx 0 Xxxxx $ 227.66 $102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 0 Xxxxx 0 Xxxx 3 Rings $ 256.96 $102.53
------------------------------------------------------------------------------------------------------------------------------------
1 Zone 3 Rings $ 168.17 $102.53
------------------------------------------------------------------------------------------------------------------------------------
2 Xxxx, 0 Rings $ 295.28 $102.53
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
Dedicated DS 3 1 Zone - 1 Ring $ 819.93 $207.09
------------------------------------------------------------------------------------------------------------------------------------
2 Zone - 1 Ring $1,639.86 $207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 2 Rings $2,486.11 $207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 3 Rings $4.379.10 $207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Zone 2 Rings $1,666.18 $207.09
------------------------------------------------------------------------------------------------------------------------------------
2 Zone 2 Rings $3,332.36 $207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxxx, 0 Xxxx 0 Xxxxx $5,225.34 $207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Xxxx 0 Xxxx, 0 Xxxx 0 Xxxxx 0 Xxxx 3 Rings $6,045.28 $207.09
------------------------------------------------------------------------------------------------------------------------------------
1 Zone 3 Rings $3,559.17 $207.09
------------------------------------------------------------------------------------------------------------------------------------
2 Xxxx, 0 Rings $7,118.33
------------------------------------------------------------------------------------------------------------------------------------
Common (MOU)
------------------------------------------------------------------------------------------------------------------------------------
State Wide Average $0.000493 N/A
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION Interstate Access Tariff
------------------------------------------------------------------------------------------------------------------------------------
CROSS CONNECTION
------------------------------------------------------------------------------------------------------------------------------------
DS0 Elec X-Conn $ 0.96
------------------------------------------------------------------------------------------------------------------------------------
DS1 Elec X-Conn $ 2.99
------------------------------------------------------------------------------------------------------------------------------------
DS3 Elec X-Conn $ 26.47
------------------------------------------------------------------------------------------------------------------------------------
COMMON CHANNEL SIGNALING
------------------------------------------------------------------------------------------------------------------------------------
INTERCONNECTION SERVICE TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
STP Port $ 491.55 $244.28
------------------------------------------------------------------------------------------------------------------------------------
STP Switching $ 0.9841 N/A
------------------------------------------------------------------------------------------------------------------------------------
56.0 Kbps Channel Termination $ 65.00 $160.65
------------------------------------------------------------------------------------------------------------------------------------
56.0 Kbps SS7 Link Fixed $ 75.00 N/A
------------------------------------------------------------------------------------------------------------------------------------
56.0 Kbps SS7 Link Per Mile $ 3.00 N/A
------------------------------------------------------------------------------------------------------------------------------------
1.544 MPBS Channel Termination $ 115.00 $350.00
------------------------------------------------------------------------------------------------------------------------------------
1.544 MBPS SS7 Link Fixed $ 70.00 N/A
------------------------------------------------------------------------------------------------------------------------------------
1.544 MBPS SS7 Link Per Mile $ 5.00 N/A
------------------------------------------------------------------------------------------------------------------------------------
Multiplexing DS1 to DS0 (required w/1.544 Mbps) $ 200.00 $108.73
------------------------------------------------------------------------------------------------------------------------------------
Global Title Translation per service add/cng Interstate Access Tariff $ 10.90
------------------------------------------------------------------------------------------------------------------------------------
Originating Point Code per OPC per service add/cng Interstate Access Tariff $ 21.80
------------------------------------------------------------------------------------------------------------------------------------
LINE INFORMATION DATABASE TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
LIDB Administration Service (effective 5/11/98, on longer offering) N/A
------------------------------------------------------------------------------------------------------------------------------------
LIDB Database Transport per query Current tariff rate
------------------------------------------------------------------------------------------------------------------------------------
LIDB Database per query Current tariff rate
------------------------------------------------------------------------------------------------------------------------------------
Toll Free Code Access Service query Current tariff rate
------------------------------------------------------------------------------------------------------------------------------------
Toll Free Code Optional Service query Current tariff rate
------------------------------------------------------------------------------------------------------------------------------------
DIRECTORY ASSISTANCE SERVICES TELRIC COST STUDY
------------------------------------------------------------------------------------------------------------------------------------
Sprint Nevada Tariff
------------------------------------------------------------------------------------------------------------------------------------
DA Database Listing & Update per listing or update $ 0.06
------------------------------------------------------------------------------------------------------------------------------------
DA Data Base Query Service per query $ 0.0140
------------------------------------------------------------------------------------------------------------------------------------
Pages 3 of 9
TABLE 1
NETWORK ELEMENT PRICE LIST - SPRINT NEVADA
-------------------------------------------------------------------------------------------------------------------------
TOLL AND LOCAL OPERATOR SERVICES
-------------------------------------------------------------------------------------------------------------------------
Toll and Local Assistance Service (Live) per attempt $0.877
-------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
DA OPERATOR SERVICE TELRIC COST STUDY
-------------------------------------------------------------------------------------------------------------------------
Sprint Nevada Tariff
-------------------------------------------------------------------------------------------------------------------------
DA Operator Service (Live) per attempt $0.351
-------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
911. TANDEM PORT TELRIC COST STUDY
-------------------------------------------------------------------------------------------------------------------------
Sprint Nevada Tariff
-------------------------------------------------------------------------------------------------------------------------
Per DSO Equivalent Port $21.38 $133.18
-------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
OPERATIONAL SUPPORT SYSTEMS
-------------------------------------------------------------------------------------------------------------------------
OSS Interfaces* ICB ICB
-------------------------------------------------------------------------------------------------------------------------
* Sprint is working on OSS and rates will be added
-------------------------------------------------------------------------------------------------------------------------
as they are developed.
=========================================================================================================================
Page 4 of 9
Table 1 LOCAL LOOPS-SPRINT NEVADA
2 Wire Voice 4 Wire Voice
EXCHANGE CLLI Band Grade Rate Grade Rate
--------------------------------------------------------------------------------
Las Vegas XBH LSVGNVXBH BAND1 $ 9.51 $15.12
Las Vegas XGH LSVGNVXGH BAND1 $ 9.51 $15.12
Las Vegas XHH LSVGNVXHH BAND2 $12.59 $20.02
Las Vegas XKH LSVGNVXKH BAND2 $12.59 $20.02
Las Vegas XLH LSVGNVXLH BAND2 $12.59 $20.02
Las Vegas XMH LSVGNVXMH BAND2 $12.59 $20.02
North Las Vegas XFH NLVGNVXFH BAND2 $12.59 $20.02
Las Vegas XIH LSVGNVXIH BAND3 $15.71 $24.99
Las Vegas XRH LSVGNVXRH BAND3 $15.71 $24.99
Las Vegas XTH LSVGNVXTH BAND3 $15.71 $24.99
Las Vegas XWH LSVGNVXWH BAND3 $15.71 $24.99
Boulder City BLCYNVXFH BAND4 $22.45 $35.70
Henderson HNSNNVXFH BAND4 $22.45 $35.70
Las Vegas XUH LSVGNVXUH BAND4 $22.45 $35.70
Las Vegas XVH LSVGNVXVH BAND4 $22.45 $35.70
North Las Vegas XGH NLVGNVXGH BAND4 $22.45 $35.70
Blue Diamond/Jeans BDMDMNVXSR/JEANNVXF BAND5 $53.36 $84.84
Laughlin LGLNNVXFH BAND5 $53.36 $84.84
Mount Charieston MTCHNVXFR BAND5 $53.36 $84.84
Searchlight/Xxxxxx SRCHNVXFR/NLSNNVXBR BAND5 $53.36 $84.84
Page 5 of 9
TABLE 1 LOCAL SWITCHING-SPRINT NEVADA
Rate
Band Rate
--------------------------------------------------------------
LAS VEGAS (EAST-1), NV 1 $ 6.17
LAS VEGAS (EAST-2), NV 1 $ 6.17
LAS VEGAS (MAIN-2), NV 1 $ 6.17
LAS VEGAS (NORTH-5), NV 1 $ 6.17
LAS VEGAS (NORTH-8), NV 1 $ 6.17
LAS VEGAS (SOUTH-5 #1), NV 1 $ 6.17
LAS VEGAS (SOUTH-5 #2), NV 1 $ 6.17
LAS VEGAS (WEST), NV 1 $ 6.17
LAS VEGAS (WEST-8), NV 1 $ 6.17
NORTH LAS VEGAS (NORTH-2), NV 1 $ 6.17
HENDERSON (564/5/6), NV 2 $ 7.21
LAS VEGAS (EAST-7), NV 2 $ 7.21
LAS VEGAS (MAIN-1), NV 2 $ 7.21
LAS VEGAS (SOUTH-6), NV 2 $ 7.21
LAS VEGAS (SOUTH 897/6.361*), NV 2 $ 7.21
LAS VEGAS (WEST-6), NV 2 $ 7.21
NORTH LAS VEGAS (NORTH-3), NV 2 $ 7.21
BLUE DIAMOND. NV 3 $ 10.42
BOULDER CITY (293/4), NV 3 $ 10.42
XXXX (874), NV 3 $ 10.42
LAUGHLIN (298/9*), NV 3 $ 10.42
XX. XXXXXXXXXX. XX 0 $ 10.42
Page 6 of 9
TABLE 1 RECIPROCAL COMPENSATION-END OFFICE
SPRINT-NEVADA
BLUE DIAMOND, NV $0.002532
BOULDER CITY (293/4), NV $0.002532
HENDERSON (564/5/6), NV $0.002532
XXXX (874), NV $0,002532
LAS VEGAS (EAST-1), NV $0.002532
LAS VEGAS (EAST-2), NV $0.002532
LAS VEGAS (EAST-7), NV $0.002532
LAS VEGAS (MAIN-1), NV $0.002532
LAS VEGAS (MAIN-2), NV $0.002532
LAS VEGAS (NORTH-5), NV $0.002532
LAS VEGAS (NORTH-8), NV $0.002532
LAS VEGAS (SOUTH-5#1), NV $0.002532
LAS VEGAS (SOUTH-5#2), NV $0.002532
LAS VEGAS (SOUTH-6), NV $0.002532
LAS VEGAS (SOUTH 897/6.361*), NV $0.002532
LAS VEGAS (WEST), NV $0.002532
LAS VEGAS (WEST-6), NV $0.002532
LAS VEGAS (WEST-8), NV $0.002532
LAUGHLIN (298/9*), NV $0.002532
MT.CHARLESTON, NV $0.002532
NORTH LAS VEGAS (NORTH-2), NV $0.002532
NORTH LAS VEGAS (NORTH-3), NV $0.002532
Page 7 of 9
TABLE 1
DEDICATED TRANSPORT - DSI
SPRINT - NEVADA
BLCYNVXF LSVGNVXR LSVGNVXI LSVGNVXM HNSNNVXF LSVGNVXB NLVGNVXF NLVGNVXG
BLCYNVXF $168.17 $227.68 $197.46 $295.28 $168.17 $227.68 $227.68
LSVGNVXR $168.17 $126.34 $ 93.79 $168.17 $ 64.51 $126.34 $126.34
LSVGNVXI $227.68 $126.34 $126.34 $227.68 $ 97.06 $ 97.06 $ 97.06
LSVGNVXM $197.46 $ 93.79 $126.34 $197.46 $ 64.51 $126.34 $126.34
HNSNNVXF $295.28 $168.17 $227.68 $197.46 $168.17 $227.68 $227.68
LSVGNVXB $168.17 $ 64.51 $ 97.06 $ 64.51 $168.17 $ 97.06 $ 97.06
NLVGNVXF $227.68 $126.34 $ 97.06 $126.34 $227.68 $ 97.06 $ 97.06
NLVGNVXG $227.68 $126.34 $ 97.06 $126.34 $227.68 $ 97.06 $ 97.06
LSVGNVXU $227.68 $126.34 $156.57 $126.34 $227.68 $ 97.06 $156.57 $156.57
LSVGNVXT $227.68 $126.34 $ 97.06 $126.34 $227.68 $ 97.06 $ 97.06 $ 97.06
LSVGNVXG $197.46 $ 64.51 $126.34 $ 64.51 $197.46 $ 64.51 $126.34 $126.34
LSVGNVXL $197.46 $ 64.51 $126.34 $ 93.79 $197.46 $ 64.51 $126.34 $126.34
LSVGNVXV $227.68 $126.34 $156.57 $126.34 $227.68 $ 97.06 $156.57 $156.57
LSVGNVXK $197.46 $ 93.79 $126.34 $ 93.79 $197.46 $ 64.51 $126.34 $126.34
LSVGNVXH $227.68 $126.34 $156.57 $126.34 $227.68 $ 97.06 $156.57 $156.57
LSVGNVXW $227.68 $126.34 $156.57 $126.34 $227.68 $ 97.06 $156.57 $156.57
LSVGNVXU LSVGNVXT LSVGNVXG LSVGNVXL LSVGNVXV LSVGNVXK LSVGNVXH LSVGNVXW
BLCYNVXF $227.68 $227.68 $197.46 $197.46 $227.68 $197.46 $227.68 $227.68
LSVGNVXR $126.34 $126.34 $ 64.51 $ 64.51 $126.34 $ 93.79 $126.34 $126.34
LSVGNVXI $156.57 $ 97.06 $126.34 $126.34 $156.57 $126.34 $156.57 $156.57
LSVGNVXM $126.34 $126.34 $ 64.51 $ 93.79 $126.34 $ 93.79 $126.34 $126.34
HNSNNVXF $227.68 $227.68 $197.46 $197.46 $227.68 $197.46 $227.68 $227.68
LSVGNVXB $ 97.06 $ 97.06 $ 64.51 $ 64.51 $ 97.06 $ 64.51 $ 97.06 $ 97.06
NLVGNVXF $156.57 $ 97.06 $126.34 $126.34 $156.57 $126.34 $156.57 $156.57
NLVGNVXG $156.57 $ 97.06 $126.34 $126.34 $156.57 $126.34 $156.57 $157.57
LSVGNVXU $ 97.06 $126.34 $126.34 $156.57 $126.34 $156.57 $ 97.06
LSVGNVXT $ 97.06 $126.34 $126.34 $156.57 $126.34 $156.57 $ 97.06
LSVGNVXG $126.34 $126.34 $ 64.51 $126.34 $ 64.51 $126.34 $126.34
LSVGNVXL $126.34 $126.34 $ 64.51 $ 97.06 $ 93.79 $126.34 $126.34
LSVGNVXV $156.57 $156.57 $126.34 $ 97.06 $126.34 $156.57 $156.57
LSVGNVXK $126.34 $126.34 $ 64.51 $ 93.79 $126.34 $ 97.06 $ 97.06
LSVGNVXH $156.57 $156.57 $126.34 $126.34 $156.57 $ 97.06 $ 97.06
LSVGNVXW $ 97.06 $ 97.06 $126.34 $126.34 $156.57 $ 97.06 $ 97.06
Page 8 of 9
TABLE 1
DEDICATED TRANSPORT - DS3
SPRINT - NEVADA
BLCYNVXF LSVGNVXR LSVGNVXI LSVGNVXM HSNNVXF LSVGNVXB NLVGNVXF NLVGNVXG
BLCYNVXF $3,559.17 $5,225.34 $4,379.10 $7,118.33 $3,559.17 $5,225.34 $5,225.34
LSVGNVXR $3,559.17 $2,486.11 $1,639.86 $3,559.17 $ 819.93 $2,486.11 $2,486.11
LSVGNVXI $5,225.34 $2,486.11 $2,486.11 $5,225.34 $1,666.18 $1,666.18 $1,666.18
LSVGNVXM $4,379.10 $1,639,86 $2,486.11 $4,379.10 $ 819.93 $2,486.11 $2,486.11
HSNNVXF $7,118.33 $3,559.17 $5,225.34 $4,379.10 $3,559.17 $5,225.34 $5,225.34
LSVGNVXB $3,559.17 $ 819.93 $1,666.18 $ 819.93 $3,559.17 $1,666.18 $1,666.18
NLVGNVXF $5,225.34 $2,486.11 $1,666.18 $2,486.11 $5,225.34 $1,666.18 $1,666.18
NLVGNVXG $5,225.34 $2,486.11 $1,666.18 $2,486.11 $5,225.34 $1,666.18 $1,666.18
LSVGNVXU $5,225.34 $2,486.11 $3,332.36 $2,486.11 $5,225.34 $1,666.18 $3,332.36 $3,332.36
LSVGNVXT $5,225.34 $2,486.11 $1,666.18 $2,486.11 $5,225.34 $1,666.18 $1,666.18 $1,666.18
LSVGNVXG $4,379.10 $ 819.93 $2,486.11 $ 819.93 $4,379.10 $ 819.93 $2,486.11 $2,486.11
LSVGNVXL $4,379.10 $ 819.93 $2,486.11 $1,639.86 $4,379.10 $ 819.93 $2,486.11 $2,486.11
LSVGNVXV $5,225.34 $2,486.11 $3,332.36 $2,486.11 $5,225.34 $1,666.18 $3,332.36 $3,332.36
LSVGNVXK $4,379.10 $1,639,86 $2,486.11 $1,639.86 $4,379.10 $ 819.93 $2,486.11 $2,486.11
LSVGNVXH $5,225.34 $2,486.11 $3,332.36 $2,486.11 $5,225.34 $1,666.18 $3,332.36 $3,332.36
LSVGNVXW $5,225.34 $2,486.11 $3,332.36 $2,486.11 $5,225.34 $1,666.18 $3,332.36 $3,332.36
LSVGNVXU LSVGNVXT LSVGNVXG LSVGNVXL LSVGNVXV LSVGNVXK LSVGNVXH LSVGNVXW
BLCYNVXF29A $5,225.34 $5,225.34 $4,379.10 $4,379.10 $5,225.34 $4,379.10 $5,225.34 $5,225.34
LSVGNVXR45A $2,486.11 $2,486.11 $ 819.93 $ 819.93 $2,486.11 $1,639.86 $2,486.11 $2,486.11
LSVGNVXI45E $3,332.36 $1,666.18 $2,486.11 $2,486.11 $3,332.36 $2,486.11 $3,332.36 $3,332.36
LSVGNVXM45H $2,486.11 $2,486.11 $ 819.93 $ 819.93 $2,486.11 $1,639.86 $2,486.11 $2,486.11
HSNNVXF56A $5,225.34 $5,225.34 $4,379.10 $4,379.10 $5,225.34 $4,379.10 $5,225.34 $5,225.34
LSVGNVXB41T $1,666.18 $1,666.18 $ 819.93 $ 819.93 $1,666.18 $ 819.93 $1,666.18 $1,666.18
NLVGNVXF64A $3,332.36 $1,666.18 $2,486.11 $2,486.11 $3,332.36 $2,486.11 $3,332.36 $3,332.36
NLVGNVXG64E $3,332.36 $1,666.18 $2,486.11 $2,486.11 $3,332.36 $2,486.11 $3,332.36 $3,332.36
LSVGNVXU645 $1,666.18 $2,486.11 $2,486.11 $3,332.36 $2,486.11 $3,332.36 $1,666.18
LSVGNVXT64C $1,666.18 $2,486.11 $2,486.11 $3,332.36 $2,486.11 $3,332.36 $1,666.18
LSVGNVXG73C $2,486.11 $2,486.11 $ 819.93 $2,486.11 $ 819.93 $2,486.11 $2,486.11
LSVGNVXL73H $2,486.11 $2,486.11 $ 819.93 $1,666.18 $1,639.86 $2,486.11 $2,486.11
LSVGNVXV361 $3,332.36 $3,332.36 $2,486.11 $1,666.18 $2,486.11 $3,332.36 $3,332.36
LSVGNVXK36E $2,486.11 $2,486.11 $ 819.93 $1,639.86 $2,486.11 $1,666.18 $1,666.18
LSVGNVXH87K $3,332.36 $3,332.36 $2,486.11 $2,486.11 $3,332.36 $1,666.18 $1,666.18
LSVGNVXW36A $1,666.18 $1,666.18 $2,486.11 $2,486.11 $3,332.36 $1,666.18 $1,666.18
Page 9 of 9
ATTACHMENT II
LOCAL RESALE
1. TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE
1.1. At the request of CLEC, and pursuant to the requirements of the Act
and FCC and Commission Rules and Regulations, Sprint shall make
available to CLEC for resale Telecommunications Services that Sprint
currently provides or may provide hereafter at retail to subscribers
who are not telecommunications carriers. Such resale may be as allowed
by the FCC and Commission. The Telecommunications Services provided by
Sprint to CLEC pursuant to this Attachment II are collectively
referred to as "Local Resale."
1.2. To the extent that this Attachment describes services which Sprint
shall make available to CLEC for resale pursuant to this Agreement,
this list of services is neither all inclusive nor exclusive.
2. GENERAL TERMS AND CONDITIONS
2.1. Pricing. The prices charged to CLEC for Local Resale are set forth in
Attachment I of this Agreement.
2.1.1.CENTREX Requirements
2.1.1.1. At CLEC's option, CLEC may purchase the entire set of
CENTREX features or a subset of any such features.
2.1.1.2. All features and functions of CENTREX Service,
including CENTREX Management System (CMS), whether
offered under tariff or otherwise, shall be available
to CLEC for resale.
2.1.1.3. Sprint shall make information required for an "as is"
transfer of CENTREX subscriber service, features,
functionalities and CMS capabilities available to
CLEC.
2.1.1.4. Consistent with Sprint's tariffs, CLEC, at its
expense, may collect all data and aggregate the
CENTREX local exchange, and IntraLATA traffic usage
of CLEC subscribers to qualify for volume discounts
on the basis of such aggregated usage.
2.1.1.5. CLEC may request that Sprint suppress the need for
CLEC subscribers to dial "9" when placing calls
outside the CENTREX System. Should CLEC request this
capability for its subscriber, the subscriber will
not be able to use 4-digit dialing.
2.1.1.6. CLEC may resell call forwarding in conjunction with
CENTREX Service.
33
2.1.1.7. CLEC may purchase any CENTREX Service for resale
subject to the requirements of Sprint's tariff.
2.1.1.8. Sprint shall make available to CLEC for resale
intercom calling within the same CENTREX system. To
the extent that Sprint offers its own subscribers
intercom calling between different CENTREX systems.
Sprint shall make such capability available to CLEC
for resale.
2.1.1.9. CLEC may resell Automatic Route Selection ("ARS"),
CLEC may aggregate multiple CLEC subscribers on
dedicated access facilities where such aggregation is
allowed by law, rule or regulation.
2.1.2. Voluntary Federal and State Subscriber Financial Assistance
Programs
2.1.2.1. Subsidized local Telecommunications Services are
provided to low-income subscribers pursuant to
requirements established by the appropriate state
regulatory body, and include programs such as
Voluntary Federal Subscriber Financial Assistance
Program and Link-up America. Voluntary Federal and
State Subscriber Financial Assistance Programs are
not Telecommunications Services that are available
for resale under this Agreement. However, when a
Sprint subscriber who is eligible for such a federal
program or other similar state program chooses to
obtain Local Resale from CLEC and CLEC serves such
subscriber via Local Resale, Sprint shall identify
such subscriber's eligibility to participate in such
programs to CLEC in accordance with the procedures
set forth herein.
2.1.3. Grandfathered Services. Sprint shall offer for resale to CLEC
all Grandfathered Services solely for the existing
grandfathered base on a customer specific basis. Sprint shall
make reasonable efforts to provide CLEC with advance copy of
any request for the termination of service and/or
grandfathering to be filed by Sprint with the Commission.
2.1.4. Contract Service Arrangements, Special Arrangements, and
Promotions. Sprint shall offer for resale all of its
Telecommunications Services available at retail to subscribers
who are not Telecommunications Carriers, including but not
limited to Contract Service Arrangements (or ICB), Special
Arrangements (or ICB), and Promotions in excess of ninety (90)
days, all in accordance with FCC and Commission Rules and
Regulations.
2.1.5. Voice Mail Service is not a Telecommunications Service
available for resale under this Agreement. However, where
available, Sprint shall make available for Local Resale the
SMDI-E (Station Message Desk Interface-
34
Enhanced), or SMDI, Station Message Desk Interface where SMDI-E
is not available, feature capability allowing for Voice Mail
Services. Sprint shall make available the MWI (Message Waiting
Indicator) interrupted dial tone and message waiting light
feature capabilities where technically available. Sprint shall
make available CF-B/DA (Call Forward on Busy/Don't Answer), CF/B
(Call Forward on Busy), and CF/DA (Call Forward Don't Answer)
feature capabilities allowing for Voice Mail services.
2.1.6. Hospitality Service, Sprint shall provide all blocking, screening
and all other applicable functions available for hospitality
lines under tariff.
2.1.7. LIDB Administration
2.1.7.1. Sprint shall maintain customer information for CLEC
customers who subscribe to resold Sprint local service
dial tone lines, in Sprint's LIDB in the same manner that
it maintains information in LIDB for its own similarly
situated end-user subscribers. Sprint shall update and
maintain the CLEC information in LIDB on the same schedule
that it uses for its own similarly situated end-user
subscribers.
2.1.7.2. Until such time as Sprint's LIDB has the software
capability to recognize a resold number as CLEC's. Sprint
shall store the resold number in its LIDB at no charge and
shall retain revenue for LIDB look-ups to the resold
number.
35
ATTACHMENT III
NETWORK ELEMENTS
1. GENERAL
1.1. Pursuant to the following terms, Sprint will unbundle and separately
price and offer Unbundled Network Elements, ("UNEs") such that CLEC
will be able to subscribe to and interconnect to whichever of these
unbundled elements CLEC requires for the purpose of providing local
telephone service to its end users. CLEC shall pay Sprint each month
for the UNEs provisioned, and shall pay the non-recurring charges
listed in Attachment I or agreed to by the Parties. It is CLEC's
obligation to combine Sprint-provided UNEs with any facilities and
services that CLEC may itself provide.
2. UNBUNDLED NETWORK ELEMENTS
2.1. Sprint shall offer UNEs to CLEC for the purpose of offering
Telecommunication Services to CLEC subscribers. Sprint shall offer
UNEs to CLEC on an unbundled basis on rates, terms and conditions that
are just, reasonable, and non-discriminatory in accordance with the
terms and conditions of this Agreement. The initial set of UNEs
include:
2.1.1. Network Interface Device ("NID")
2.1.2. Local Loop
2.1.3. Switching Capability
2.1.3.1. Local Switching
2.1.3.2. Tandem Switching
2.1.4. Interoffice Transport Facilities
2.1.4.1. Common
2.1.4.2. Dedicated
2.1.5. Signaling Networks & Call Related Databases
2.1.6. Operations Support Systems
2.1.7. Operator Services & Directory Assistance
2.2. CLEC may use one or more UNEs to provide any feature, function,
capability, or service option that such UNE(s) is (are) technically
capable of providing. It is CLEC's obligation to combine Sprint-
provided UNEs with any and all facilities and services whether
provided by Sprint, CLEC, or any other party.
36
2.3. Each UNE provided by Sprint to CLEC shall be at Parity with the
quality of design, performance, features, functions, capabilities and
other characteristics, including but not limited to levels and types
of redundant equipment and facilities for power, diversity and
security, that Sprint provides to itself, Sprint's own subscribers, to
a Sprint Affiliate or to any other entity.
3. BONA FIDE REQUEST PROCESS FOR FURTHER UNBUNDLING
3.1. Each Party shall promptly consider and analyze access to categories of
UNE not covered in this Agreement with the submission of a Network
Element Bona Fide Request hereunder. The UNE Bona Fide Request process
set forth herein does not apply to those services requested pursuant
to FCC Rule (S) 51.319 adopted in First Report & Order. CC Docket No.
96-98, (rel. Aug. 8, 1996).
3.2. A UNE Bona Fide Request shall be submitted in writing and shall
include a technical description of each requested UNE.
3.3. The requesting Party may cancel a UNE Bona Fide Request at any time,
but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the UNE Bona Fide Request up to the
date of cancellation.
3.4. Within ten (10) business days of its receipt, the receiving Party
shall acknowledge receipt of the UNE Bona Fide Request.
3.5. Except under extraordinary circumstances, within thirty (30) days of
its receipt of a UNE Bona Fide Request, the receiving Party shall
provide to the requesting Party a preliminary analysis of such UNE
Bona Fide Request. The preliminary analysis shall confirm that the
receiving Party will offer access to the UNE or will provide a
detailed explanation that access to the UNE does not qualify as a UNE
that is required to be provided under the Act.
3.6. Upon receipt of the preliminary analysis, the requesting Party shall,
within thirty (30) days, notify the receiving Party of its intent to
proceed or not to proceed.
3.7. The receiving Party shall promptly proceed with the UNE Bona Fide
Request upon receipt of written authorization from the requesting
Party. When it receives such authorization, the receiving Party shall
promptly develop the requested services, determine their availability,
calculate the applicable prices and establish installation intervals.
3.8. As soon as feasible, but not more than ninety (90) days after its
receipt of authorization to proceed with developing the UNE Bona Fide
Request, the receiving Party shall provide to the requesting Party a
UNE Bona Fide Request quote which will include, at a minimum, a
description of each UNE, the availability, the applicable rates and
the installation intervals.
3.9. Within thirty (30) days of its receipt of the UNE Bona Fide Request
quote, the requesting Party must either confirm its order for the UNE
Bona Fide Request
37
pursuant to the UNE Bona Fide Request quote or seek arbitration
by the Commission pursuant to (S) 252 of the Act.
3.10. If a Party to a UNE Bona Fide Request believes that the other
Party is not requesting, negotiating or processing the UNE Bona
Fide Request in good faith, or disputes a determination, or price
or cost quote, such Party may seek mediation or arbitration by
the Commission pursuant to (S) 252 of the Act.
4. NETWORK INTERFACE DEVICE
4.1. 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. The function of the NID is to establish the
network demarcation point between a CLEC and its subscriber. The
NID features two independent xxxxxxxx or divisions which separate
the service provider's network from the subscriber's inside
wiring. Each chamber or division contains the appropriate
connection points or posts to which the service provider and the
subscriber each make their connections. The NID contains a
protector which provides a protective ground connection,
protection against lightning and other high voltage surges and is
capable of terminating cables such as twisted pair cable.
4.2. CLEC may connect its NID to Sprint's NID; may connect an
unbundled loop to its NID; or may connect its own Loop to
Sprint's NID. Sprint will provide one NID termination for each
loop. If additional NID terminations are required, CLEC may
request them pursuant to process detailed in Article 4 herein.
4.3. With respect to multiple-line termination devices. CLEC shall
specify the quantity of NIDs it requires within such device.
Figure 1 shows a schematic of a NID
[DIAGRAM APPEARS HERE]
Figure 1 - Network Interface Device
4.4. Technical Requirements
4.4.1. The Sprint NID shall provide a clean, accessible point of
connection for
38
the inside wiring and for the Distribution Media and/or
cross connect to CLEC's NID and shall maintain a connection
to ground that meets the requirements set forth below. Each
party shall ground its NID independently of the other
party's NID.
4.4.2 The NID shall be the interface to subscriber's premises
wiring for all loop technologies.
5. LOOP
5.1. A Loop is a transmission path between the main distribution frame
[cross-connect], or its equivalent, in a Sprint Central Office or wire
center, and up to the demarcation point at a customer's premises. This
includes, but not limited to, two-wire and four-wire copper analog
voice-grade loops, two-wire and four-wire loops that are conditioned
to transmit the digital signals needed to provide services such as
ISDN and DSI-level signals. Sprint will also provide conditioned loops
for Telecommunications Services requiring loops unfettered by any
intervening equipment (e.g., filters, load coils, range extenders,
bridge taps, etc.), so that CLEC can use these loops for a variety of
Telecommunications Services that can be supported by use of copper by
attaching appropriate terminal equipment at the ends. Where CLEC
requests that a loop or a portion of a loop is dedicated to their
exclusive use, it will be done at CLEC's expense.
5.2. Loop Capabilities
5.2.1. Voice grade loops are analog loops that facilitate the
transmission of analog voice grade signals in the 300-3000
Hz range and terminates in a 2-wire or 4-wire electrical
interface at the CLEC's customer premises. CLEC shall not
install equipment on analog loops that exceeds the specified
bandwidth.
5.2.2. Sprint will provide non-voice grade loops on the basis of
the service that will be provisioned over the loop. Sprint
requires CLEC to provide in writing (via the service order)
the grade of service desired in a particular loop (e.g.,
ISDN-BRI, PRI, ADSL, HDSL, DS1, etc.) so that the loop may
be engineered to meet the appropriate spectrum compatibility
requirements. If CLEC requires a change in the grade of
service of a particular loop, (e.g., changing from ISDN
service to ADSL), CLEC shall notify Sprint in writing of the
requested change in grade of service (via a service order).
If Sprint finds that it is not technically feasible to
provide the new level of service to CLEC, Sprint will notify
CLEC that it is unable to meet the request. If a particular
grade of service is installed but CLEC uses the loop to
provide a service that exceeds the engineered capacity of a
medium (i.e., interferes with other services) or if the
service provided by CLEC causes interference to other
services Sprint will suspend that particular service then
notify CLEC and work with CLEC to develop an
39
agreeable resolution.
5.2.3. CLEC will submit a BFR for non-voice grade loops that are not
currently price-listed.
5.2.4. Reverse ADSL Loops. All DSL ATU-C units in Sprint's network,
including those integrated into DSLAMs, should either reside
within a Sprint host or remote central office. If an ADSL
copper loop should start at an outside location, and is looped
through a host or remote, and then to the subscriber, the
copper plant from the outside location to the Sprint central
office must be a facility dedicated to ADSL transmission only
and not part of Sprint's regular feeder or distribution plant.
5.2.5. CLEC shall meet the power spectral density requirement given in
the respective technical references listed below:
5.2.6. For Basic Rate ISDN: Bellcore TR-NWT-000393 Generic
Requirements for ISDN Basic Access Digital Subscriber Lines.
5.2.7. For HDSL installations: Bellcore TA-NWT-001210 Generic
Requirements for High-Bit-Rate Digital Subscriber Lines. Some
fractional T1 derived products operating at 768 kbps may use
the same standard.
5.2.8. For ADSL: ANSI T1, 413-1995 (Issue 1) Asymmetrical Digital
Subscriber Line (ADSL) Metallic Interface. Note: Issue 2 of the
standard will be balloted soon. It will drop an option that was
in Issue 1 called Power Boost. Sprint does not permit the Power
Boost option used in its local network.
5.2.9. As an alternative to (S)(S) 5.2.6, 5.2.7 and 5.2.8. CLEC may
meet the requirements given in ANSI document T1E1.4/97-180R1.
"Normative Text for Spectral Compatibility Evaluations" dated
June 30, 1997.
5.3. If Sprint uses Integrated Digital Loop Carrier or other similar remote
concentration devices, Sprint will make alternative arrangements at
CLEC's request, to provide an unbundled local loop. Alternative
arrangements may include copper facilities, dedicated transmission
equipment or the deployment of newer devices providing for multiple
hosting. The cost of modifications will be recovered from the
requesting CLEC.
6. LOCAL SWITCHING
6.1. Local Switching is the Network Element that provides the functionality
required to connect the appropriate lines or trunks wired to the Main
Distributing Frame (MDF) or Digital Cross Connect (DSX) panel to a
desired line or trunk. Such functionality shall include all of the
features, functions, and capabilities that the underlying Sprint
switch providing such Local Switching function provides for Sprint's
own services. Functionality may include, but is not limited to: line
40
signaling and signaling software, digit reception, dialed number
translations, call screening, routing, recording, call supervision, dial
tone, switching, telephone number provisioning, announcements, calling
features and capabilities (including call processing), Centrex, or
Centrex like services, Automatic Call Distributor (ACD), CLEC pre-
subscription (e.g., long distance Carrier, intraLATA toil), Carrier
Identification Code (CIC) portability capabilities, testing and other
operational features inherent to the switch and switch software.
6.2. Technical Requirements
6.2.1. Sprint shall provide its standard recorded announcements (as
designated by CLEC) and call progress tones to alert callers of
call progress and disposition. CLEC will use the BFR process for
unique announcements.
6.2.2. Sprint shall change a subscriber from Sprint's Telecommunications
Services to CLEC's Telecommunications Services without loss of
feature functionality unless expressly agreed otherwise by CLEC.
6.2.3. Sprint shall control congestion points such as mass calling
events, and network routing abnormalities, using capabilities
such as Automatic Call Gapping, Automatic Congestion Control, and
Network Routing Overflow. Application of such control shall be
competitively neutral and not favor any user of unbundled
switching or Sprint.
6.2.4. Sprint shall offer all Local Switching features that are
technically feasible and provide feature offerings at Parity with
those provided by Sprint to itself or any other party.
6.3. Interface Requirements. Sprint shall provide the following interfaces:
6.3.1. Standard Tip/Ring interface including loopstart or groundstart,
on-hook signaling (e.g.: for calling number, calling name and
message waiting lamp);
6.3.2. Coin phone signaling;
6.3.3. Basic and Primary Rate Interface ISDN adhering to ANSI standards
Q.931. Q.932 and appropriate Bellcore Technical Requirements:
6.3.4. Two-wire analog interface to PBX to include reverse battery, E&M,
wink start and DID:
6.3.5. Four-wire analog interface to PBX to include reverse battery,
E&M, wink start and DID: and
6.3.6. Four-wire DS1 interface to PBX or subscriber provided equipment
(e.g., computers and voice response systems).
6.4. Sprint shall provide access to interfaces, including but not limited to:
41
6.4.1. SS7 Signaling Network, Dial Pulse or Multi-Frequency
trunking if requested by CLEC:
6.4.2. Interface to CLEC operator services systems or Operator
Services through appropriate trunk interconnections for the
system: and
6.4.3. Interface to CLEC directory assistance services through the
CLEC switched network or to Directory Services through the
appropriate trunk interconnections for the system: and 950
access or other CLEC required access to interexchange
carriers as requested through appropriate trunk interfaces.
7. TANDEM SWITCHING
7.1. Tandem Switching is the function that establishes a communications
path between two switching offices (connecting trunks to trunks)
through a third switching office (the tandem switch) including but not
limited to CLEC. Sprint, independent telephone companies, IXCs and
wireless Carriers. A host/remote end office configuration is not a
Tandem Switching arrangement.
7.2. Technical Requirements
7.2.1. The requirements for Tandem Switching include, but are not
limited to, the following:
7.2.1.1. Interconnection to Sprint tandem(s) will provide
CLEC local interconnection for local and toll access
service purposes to the Sprint end offices and NXXs
which interconnect with that tandem(s) either
directly or through other Sprint facilities for
local and toll service purposes, and to other
companies which are likewise connected to that
tandem(s).
7.2.1.2. Interconnection to a Sprint tandem for transit
purposes will provide CLEC interexchange access to
Sprint LXCs, other local carriers, ILECs, and CMRS
providers which are connected to that tandem.
7.2.1.3. Where a Sprint Tandem Switch also provides End-Office
Switch functions, interconnection to a Sprint tandem
serving that exchange will also provide CLEC access to
Sprint's end offices.
7.2.2. Tandem Switching shall preserve CLASS/LASS features and Caller
ID as traffic is processed.
7.2.3. To the extent technically feasible, Tandem Switching shall
record billable events for distribution to the billing center
designated by CLEC.
7.2.4. Tandem Switching shall control congestion using capabilities
such as Automatic Congestion Control and Network Routing
Overflow.
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Congestion control provided or imposed on CLEC traffic shall be
Parity with controis being provided or imposed on Sprint traffic
(e.g., Sprint shall not block CLEC traffic and leave its traffic
unaffected or less affected).
7.2.5. The Local Switching and Tandem Switching functions may be
combined in an office. If this is done, both Local Switching and
Tandem Switching shall provide all of the functionally required
of each of those. Network Elements in this Agreement.
7.2.6. Tandem Switching shall provide interconnection to the E911 PSAP
where the underlying Tandem is acting as the E911 Tandem.
7.3. Interface Requirements
7.3.1. Direct trunks will be utilized for interconnection to Sprint
Tandems, excluding transit traffic via common trunks as may be
required under the Act.
7.3.2. Sprint shall provide all signaling necessary to provide Tandem
Switching with no loss of feature functionality.
8. TRANSPORT
8.1. Common Transport
8.1.1. Common Transport provides a local interoffice transmission path
between the Sprint tandem switch and a Sprint or CLEC end office
switch, or between a host in one rate center and a remote in
another rate center. Common transport is shared between multiple
carriers and is required to be switched at the tandem.
8.1.2. Sprint may provide Common Transport at XX-0, XX-0, DS-3. STS-1
or higher transmission bit rate circuits.
8.1.3. Sprint shall be responsible for engineering, provisioning, and
maintenance of the underlying Sprint equipment and facilities
that are used to provide Common Transport.
8.2. Dedicated Transport
8.2.1. Dedicated Transport provides a local interoffice transmission
path between Sprint and/or CLEC central offices. Dedicated
transport is limited to the use of a single carrier and does
not require switching at a tandem.
8.2.2. Technical Requirements
Where technologically feasible and available, Sprint shall
offer Dedicated Transport consistent with the underlying
technology as follows:
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8.2.2.2. When Sprint provides Dedicated Transport, the
entire designated transmission circuit (e.g.:DS-1,
DS-3, STS-1) shall be dedicated to CLEC designated
traffic.
8.2.2.3. Where Sprint has technology available, Sprint shall
offer Dedicated Transport using currently available
technologies including, but not limited to, DS1 and DS3
transport systems. SONET (or SDH) Bi-directional Line
Switched Rings, SONET (or SDH) Unidirectional Path
Switched Rings, and SONET (or SDH) point-to-point
transport systems (including linear add-drop systems),
at all available transmission bit rates.
9. SIGNALING SYSTEMS AND DATABASES
9.1. Signaling Systems
9.1.1. Signaling Link Transport
9.1.1.1. Signaling Link Transport is a set of two or four
dedicated 56 Kbps transmission paths between CLEC-
designated Signaling Points of Interconnection (SPOI)
that provides appropriate physical diversity and a
cross connect at a Sprint STP site.
9.1.1.2. Technical Requirements, Signaling Link Transport
shall consist of full duplex mode 56 Kbps transmission
paths.
9.1.2. Signaling Transfer Points(STPs)
9.1.2.1. Signaling Transfer Points (STPs) provide
functionality that enable the exchange of SS7 messages
among and between switching elements, database elements
and signaling transfer points.
9.1.2.2. Figure 2 depicts Signaling Transfer Points.
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Signaling Transfer Points.
[GRAPH APPEARS HERE]
Figure 2
9.1.2.3. Technical Requirements. STPs shall provide access to and
fully suport the functions of all other Network Elements
connected to the Sprint SS7 network. These include:
9.1.2.3.1 Sprint Local Switching or Tandem Switching;
9.1.2.3.2. Sprint Service Control Points/Databases;
9.1.2.3.3. Third-party local or Tandem Switching systems;
and
9.1.2.3.4. Third-party provided STPs.
9.1.2.4 Interfaces Requirements: Sprint shall provide the following
STP options to connect CLEC or CLEC-designated local switching
systems or STPs to the Sprint SS7 network:
9.1.2.4.1. An A-link interface from CLEC local switching
systems; and
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9.1.2.4.2 B or D-link interface from CLEC STPs.
9.1.2.4.3. Each type of interface shall be provided by one
or more sets (layers) of signaling links, as
follows:
9.1.2.4.4. An A-link layer shall consist of two links, as
depicted in Figure 3.
[GRAPH APPEARS HERE]
Figure 3. A-Link Interface
9.1.2.4.5 AB or D-link layer shall consist of four links,
as depicted in Figure 4.
[GRAPH APPEARS HERE]
Figure 4. D-Link Interface
9.1.2.4.6. Signaling Point of Interconnection (SPOI)
for each link shall be located at a cross-connect
element, such as a DSX-1, in the Central Office (CO)
where the Sprint STPs is located. There shall be a
DS-1 or higher rate transport
46
interface at each of the SPOIs. Each signaling
link shall appear as a DS-0 channel within the
DS-1 or higher rate interface.
9.2. Line Information Database (LIDB)
9.2.1. The LIDB is a transaction-oriented database accessible CCS
networks. It contains records associated with subscribers Line
Numbers and Special Billing Numbers. LIDB accepts queries from
other Network Elements, or CLEC's network, and provides
appropriate responses. The query originator need not be the owner
of LIDB date. LIDB queries include functions such as screening
billed numbers that provides the ability to accept Collect or
Third Number Billing calls and validation of Telephone Lines
Number based non-proprietary calling cards. The interface for the
LIDB functionality is the interface between the Sprint CCS
network and other CCS networks. LIDB also interfaces to
administrative systems. The administrative system interface
provides Work Centers with an interface to LIDB for functions
such as provisioning, auditing of data, access to LIDB
measurements and reports.
9.2.2. Technical Requirements
9.2.2.1. Prior to the availability of Local Number
Portability, Sprint shall enable CLEC to store in
Sprint's LIDB any subscriber Line Number or Special
Billing Number record, whether ported or not, for which
the NPA-NXX or NXX-0/1XX Group is supported by that LIDB,
and NPA-NXX and NXX-0/1XX Group Records, belonging to an
NPA-NXX or NXX-0/1XX owned by CLEC.
9.2.2.2. Subsequent to the availability of a long-term
solution for Number Portability, Sprint, under the terms
of a separate agreement with CLEC, shall enable CLEC to
store in Sprint's LIDB any subscriber Line Number or
Special Billing Number record, whether ported or not,
regardless of the number's NPA-NXX or NXX-0/1XX.
9.2.2.3. Print shall perform the following LIDB functions for
CLEC's subscriber records in LIDB: Billed Number
Screening (provides information such as whether the
Billed Number may accept Collect or Third Number Billing
calls); and Calling Card Validation.
9.2.2.4. Sprint shall process CLEC's subscriber records in
LIDB at Parity with Sprint subscriber records, with
respect to other LIDB functions Sprint shall indicate to
CLEC with additional functions (if any) are performed by
LIDB in their network.
9.2.2.5. Sprint shall perform backup and recovery of all of
CLEC's data in LIDB at Parity with backup and recovery of
all other records in
47
the LIDB, including sending to LIDB all changes made
since the date of the most recent backup copy.
9.3. Toil Free Number Database
9.3.1. The Toil Free Number Database provides functionality
necessary for toil free (e.g.: 800 and 888) number services
by providing routing information and additional vertical
features during call set-up in response to queries from
STPs. Sprint, under the terms of a separate agreement with
CLEC, shall provide the Toll Free Number Database in
accordance with the following:
9.3.2. Technical Requirements
9.3.2.1. Sprint shall make the Sprint Toll Free Number
Database available for CLEC to query, from CLEC's
designated switch including Sprint unbundled local
switching with a toll-free number and originating
information.
9.3.2.2. The Toll Free Number Database shall return CLEC
identification and, where applicable, the queried
toll free number, translated numbers and
instructions as it would in response to a query from
a Sprint switch.
9.3.3. Interface Requirements. The Signaling interface between the
CLEC or other local switch and the Toll-Free Number database
shall use the TCAP protocol, together with the signaling
network interface.
10. OPERATOR SERVICES
10.1. Sprint shall provide for the routing of local Operator Services
calls (including but not limited to 0+.0-) dialed by CLEC
subscribers directly to either the CLEC Operator Service platform to
the extent Sprint's switch can perform this customized routing, or
Sprint Operator Service to the extent there is a Sprint provided
Operator Service platform for that serving area.
10.1.1. Sprint shall provide Operator Service to CLEC as described
below until, at CLEC's discretion. Sprint routes calls to
the CLEC Local Operator Services platform.
10.1.1.1. Sprint agrees to provide CLEC subscribers the
same Operator Services available to Sprint
subscribers to the extent there is a Sprint
provided Operator Services platform for the serving
area. Sprint shall make available its service
enhancements on a non-discriminatory basis.
10.1.1.2. Operator Services provided to CLEC subscribers
shall be branded in accordance with Part B. Article
10 of this Agreement.
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10.1.1.3. Sprint shall exercise the same level of fraud
control in providing Operator Service to CLEC that
Sprint provides for its own Operator Service.
11. DIRECTORY ASSISTANCE SERVICE
11.1. Sprint shall provide for the routing of directory assistance calls
(including but not limited to 411. 555-1212. NPA-555-1212) dialed
by CLEC's option, either (a) the CLEC DA service platform to the
extent Sprint's switch can perform this customized routing, or (b)
Sprint's DA service platform to the extent there is a Sprint
provided DA service platform that servicing area.
11.1.1. Sprint shall provide CLEC with the same level of support
for the provisioning of Directory Assistance as Sprint
provides itself. Quality of service standards shall be
measured at the aggregate level in accordance with
standards and performance measurements that are at Parity
with the standards and/or performance measurements that
Sprint uses and/or which are required by law or regulatory
agency rules or orders.
11.1.2 Directory Assistance services provided by Sprint to CLEC
subscribers shall be branded in accordance with Part B,
Article 10 of this Agreement.
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ATTACHMENT IV
INTERCONNECTION
1. LOCAL INTERCONNECTION TRUNK ARRANGEMENT
1.1. The Parties agree to initially use two-way trunks (one-way
directionalized) for an interim period. The Parties shall transition
from directionalized two-way trunks upon mutual agreement, absent
engineering or billing issues. The Parties shall transition all one-
way trunks established under this Agreement.
1.1.1. The Parties shall initially reciprocally terminate Local
Traffic and IntraLATA InterLATA toll calls originating on the
other Party's network as follows:
1.1.1.1. The Parties shall make available to each other two-
way trunks for the reciprocal exchange of combined
Local Traffic, and non-equal access IntraLATA toll
traffic.
1.1.1.2. Separate two-way trunks will be made available for
the exchange of equal-access InterLATA or IntraLATA
interchange traffic that transits Sprint's network.
1.1.1.3. Separate trunks will be utilized for connecting
CLEC's switch to each 911/E911 tandem.
1.1.1.4. Separate trunk groups will be utilized for connecting
CLEC's Operator Service Center to Sprint's Operator
Service center for operator-assisted busy line
interrupt/verify.
1.1.1.5. Separate trunk groups will be utilized for connecting
CLEC's switch to Sprint's Directory Assistance center
in instances where CLEC is purchasing Sprint's
unbundled Directory Assistance service.
1.2. Point of Interconnection
1.2.1. Point of Interconnection (POI) means the physical point that
establishes the technical interface, the test point, and the
operational responsibility hand-off between CLEC and Sprint for
the local interconnection of their networks. CLEC is limited to
constructing one POI in each Sprint LATA.
1.2.2. CLEC will be responsible for engineering and maintaining its
network on its side of the POI. Sprint will be responsible for
engineering and maintaining its network on its side of the POI.
1.2.3 For construction of new facilities when the parties choose to
interconnect at a mid-span meet. CLEC and Sprint will jointly
provision the facilities that connect the two networks. Sprint
will be the "controlling carrier" for
50
purposes of MECOD guidelines, as described in the joint
implementation plan. Sprint will provide fifty percent (50%)
of the facilities or to its exchange boundary, whichever is
less.
1.2.4. Should CLEC prefer new interconnection facilities may be
provisioned via third party facilities or CLEC lease of
tariffed services from Sprint. Special construction charges,
if applicable, will be charged in accordance with Sprint's
access service tariff.
1.2.4.1. If third party leased facilities are used for
interconnection, or if leased facilities are provided
under a meet-point arrangement between Sprint and a
third-party, the POI will be defined as the Sprint
office in which the leased circuit terminates. CLEC is
responsible to terminate the leased facility in a
collocation space if unbundled loops or switched ports
will be purchased in the central office) or a set of
Sprint-provided DSX jacks to clearly establish the
POI.
1.2.4.2. If Sprint-provided-leased facilities are used, the
POI will be defined as the demarcation point between
Sprint's facility and CLEC's equipment as long as the
end point is within Sprint's exchange area.
2. INTERCONNECTION COMPENSATION MECHANISMS
2.1. Each party is responsible for bringing their facilities to POI.
2.2. Interconnection Compensation
2.2.1 If Sprint provides one-hundred percent (100%) of the
facility. Sprint will charge CLEC one-hundred percent (100%)
of the lease rates for the facility. CLEC may charge Sprint
a proportionate amount of Sprint's dedicated transport rate
based on the use of the facility as described above.
2.2.2 If a meet-point is established via construction of new
facilities or re-arrangement of existing physical facilities
between Sprint and CLEC, the relative use factor will be
reduced by the proportionate length of haul provided by each
party. Sprint shall be responsible for network provisioning
as described in (S) 1.2.3. herein.
2.2.3. If CLEC provides one-hundred percent (100%) of the
interconnection facility via lease of meet-point circuits
between Sprint and a third-party, lease of third party
facilities: or construction of its own facilities: CLEC may
charge Sprint for proportionate amount based on relative
usage using the lesser of:
2.2.3.1 Sprint's dedicated interconnection rate:
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2.2.3.2. Its own costs if filed and approved by a commission of
appropriate jurisdiction: and
2.2.3.3. The actual lease cost of the interconnecting facility.
2.3 Compensation for Local Traffic Transport and Termination
2.3.1. The POI determines the point at which the originating carrier
shall pay the terminating carrier for the completion of that
traffic. The following compensation elements shall apply:
2.3.1.1. "Transport." which includes dedicated and common
transport and any necessary Tandem Switching of Local
Traffic from the interconnection point between the two
carriers to the terminating carrier's end-office switch
that directly serves the called end-user: and
2.3.1.2. "Termination." which includes the switching of Local
Traffic at the terminating carrier's end office switch.
2.4 When a CLEC subscriber places a call to Sprint's subscriber, CLEC will hand
off that call to Sprint at the POI. Conversely, when Sprint hands off Local
Traffic to CLEC for CLEC to transport and terminate, Sprint may use the
established POI or Sprint designate its own POI.
2.4.1 CLEC and Sprint may each designate a POI at any technically
feasible point including but not limited to any electronic or
manual cross-connect points, collocations, entrance facilities,
and mid-span meets. The transport and termination charges for
Local Traffic flowing through a POI shall be as follows:
2.4.1.1 When calls from CLEC are terminating on Sprint's
network through the Sprint Tandem Switch, CLEC will pay
Sprint for transport charges from the POI to the Tandem
for dedicated transport. CLEC shall also pay a charge for
Tandem Switching, common transport to the end office,
and end-office termination.
2.4.1.2. When Sprint terminates calls to CLEC's subscribers
using CLEC's switch, Sprint shall pay CLEC for transport
charges from the POI to the CLEC switching center for
dedicated transport. Sprint shall also pay to CLEC
a charge symmetrical to its own charges for the
functionality actually provided by CLEC for call
termination.
2.4.1.3. CLEC may choose to establish direct trunking to any
given end office. If CLEC leases trunks from Sprint, it
shall pay charges for dedicated transport. For calls
terminating from CLEC to subscribers served by these
directly-linked end offices, CLEC
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shall also pay an end-office termination. For Sprint traffic
terminating to CLEC over the direct end office trunking,
compensation payable by Sprint shall be the same as that detailed
in (S) 2.4.1.2 above.
3. SIGNALING
3.1 Signaling protocol. The parties will interconnect their networks using
SS7 signaling where technically feasible and available as defined in
FR 905 Bellcore Standards including ISDN user part (ISUP) for trunk
signaling and TCAP for CCS-based features in the interconnection of
their networks. All Network Operations Forum (NOF) adopted standards
shall be adhered to.
3.2. Refer to Attachment III, Article 9 for detailed terms of SS7 Network
Interconnection.
3.3. Standard interconnection facilities shall be extended superframe (ESF)
with B8ZS line code. Where ESF/B8ZS is not available, CLEC will agree
to using other interconnection protocols on an interim basis until the
standard ESF/B8ZS is available. Sprint will provide anticipated dates
of availability for those areas not currently ESF/B8ZS compatible.
3.3.1. Where CLEC is unwilling to utilize an alternate
interconnection protocol, CLEC will provide Sprint an initial
forecast of 64 Kbps clear channel capability ("64K CCC") trunk
quantities within thirty (30) days of the Effective Date
consistent with the forecasting agreements between the
parties. Upon receipt of this forecast, the parties will begin
joint planning for the engineering, procurement, and
installation of the segregated 64K CCC Local Interconnection
Trunk Groups, and the associated ESF facilities, for the sole
purpose of transmitting 64K CCC data calls between CLEC and
Sprint. Where additional equipment is required, such equipment
would be obtained, engineered, and installed on the same basis
and with the same intervals as any similar growth job for LXC,
CLEC, or Sprint internal customer demand for 64K CCC trunks.
4. NETWORK SERVICING
4.1 Trunk Forecasting
4.1.1. The Parties shall work towards the development of joint
forecasting responsibilities for traffic utilization over
trunk groups. Orders for trunks that exceed forecasted
quantities for forecasted locations will be accommodated as
facilities and or equipment are available. The Parties shall
make all reasonable efforts and cooperate in good faith to
develop alternative solutions to accommodate orders when
facilities are not available. Intercompany forecast
information must be provided by the Parties to each other
twice a year. The initial trunk forecasting meeting
53
should take place soon after the first implementation
meeting. A forecast should be provided at or prior to the
first implementation meeting. The semi-annual forecasts
shall project trunk gain/loss on a monthly basis for the
forecast period, and shall include:
4.1.1.1. Semi-annual forecasted trunk quantities (which
include baseline data that reflect actual Tandem and
end office Local Interconnection and meet point
trunks and Tandem-subtending Local Interconnection
end office equivalent trunk requirements) for no more
than two years (current plus one year):
4.1.1.2. The use of Common Language Location Identifier
(CLLI-MSG), which are described in Bellcore
documents BR 000-000-000 and BR 000-000-000:
4.1.1.3. Description of major network projects that affect
the other Party will be provided in the semi-annual
forecast. Major network projects include but are not
limited to trunking or network rearrangements, shifts
in anticipated traffic patterns, or other activities
by either party that are reflected by a significant
increase or decrease in trunking demand for the
following forecasting period.
4.1.2. Parties shall meet to review and reconcile their forecasts
if forecasts vary significantly.
4.1.3. Each Party shall provide a specified point of contact for
planning forecasting and trunk servicing purposes.
4.1.4. Trunking can be established to Tandems or end offices or a
combination of both via either one-way or two-way trunks.
Trunking will be at the XX-0, XX-0, DS-3/OC-3 level, or
higher, as agreed upon by CLEC and Sprint.
4.1.5. The parties agree to abide by the following if a forecast
cannot be agreed to: local interconnection trunk groups will
be provisioned to the higher forecast. A blocking standard
of one percent (1%) during the average busy hour shall be
maintained. Should the Parties not agree upon the forecast,
and the Parties engineer facilities at the higher forecast,
the Parties agree to abide by the following:
4.1.5.1. In the event that one Party over-forecasts its
trunking requirements by twenty percent (20%) or
more, and the other Party acts upon this forecast to
its detriment, the other Party may recoup any actual
and reasonable expense it incurs.
4.1.5.2. The calculation of the twenty percent (20%) over-
forecast will be based on the number of DS-1
equivalents for the total traffic volume to Sprint.
54
4.1.5.3. Expenses will only be recouped for non-recoverable
facilities that cannot otherwise be used at any time
within twelve (12) months after the initial installation
for another purpose including but not limited to: other
traffic growth between the Parties, internal use, or use
with another party.
4.2. Grade of Service. A blocking standard of one percent (1%) during the
average busy hour, as defined by each Party's standards, for final
trunk groups between a CLEC end office and a Sprint access Tandem
carrying meet point traffic shall be maintained. All other final
trunk groups are to be engineered with a blocking standard of one
percent (1%). Direct end office trunk groups are to be engineered
with a blocking standard of one percent (1%).
4.3. Trunk Servicing. Orders between the Parties to establish, add, change
or disconnect trunks shall be processed by use of an ASR, or another
industry standard eventually adopted to replace the ASR for trunk
ordering.
5. NETWORK MANAGEMENT
5.1. Protective Protocols. Either Party may use protective network traffic
management controls such as 7-digit and 10-digit code gaps on traffic
toward each other's network, when required to protect the public
switched network from congestion due to facility failures, switch
congestion or failure or focused overload. CLEC and Sprint will
immediately notify each other of any protective control action
planned or executed.
5.2. Expansive Protocols. Where the capability exists, originating or
terminating traffic reroutes may be implemented by either party to
temporarily relieve network congestion due to facility failures or
abnormal calling patterns. Reroutes will not be used to circumvent
normal trunk servicing. Expansive controls will only be used when
mutually agreed to by the parties.
5.3. Mass Calling. CLEC and Sprint shall cooperate and share pre-planning
information, where available, regarding cross-network call-ins
expected to generate large or focused temporary increases in call
volumes, to prevent or mitigate the impact of these events on the
public switched network. Mass calling numbers are not cannot be used
in conjunction with INP.
6. USAGE MEASUREMENT
6.1. Each Party shall calculate terminating interconnection minutes of
use based on standard AMA recordings made within each Party's
network, these recordings being necessary for each Party to generate
bills to the other Party. In the event either Party cannot measure
minutes terminating on its network where technically feasible, the
other Party shall provide the measuring mechanism or the Parties
shall otherwise agree on an alternate arrangement.
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6.2. Measurement of minutes of use over Local Interconnection trunk groups
shall be in actual conversation seconds. The total conversation
seconds over each individual Local Interconnection trunk group will
be totaled for the entire monthly xxxx period and then rounded to the
next whole minute.
6.3. Prior to the commencement of billing for interconnection, each Party
shall provide to the other, the PLU of the traffic terminated to each
other over the Local Interconnection trunk groups.
6.3.1. The Parties agree to review the accuracy of the PLU on a
regular basis. If the initial PLU is determined to be
inaccurate by more than twenty percent (20%), the Parties agree
to implement the new PLU retroactively to the Effective Date of
the contract.
7. TRANSIT TRAFFIC
7.1. Transit Trafifc means the delivery of local traffic by CLEC or Sprint
originated by the end user of one Party and terminated to a third
party LEC, ILEC, or CMRS provider over the local/intraLATA
interconnection trunks. The following traffic types will be delivered
by either Party: local traffic and intraLATA toll and switched traffic
originated from CLEC or Sprint and delivered to such third party LEC,
ILEC, or CMRS: and intraLATA 800 traffic.
7.2. Terms and conditions
7.2.1. Each Party acknowledges that it is the originating Party's
responsibility to enter into arrangements with each third party
LEC, ILEC, OR CMRS provider for the exchange of transit traffic
to that third party, unless the Parties agree otherwise in
writing.
7.2.2. Each Party acknowledges that the transiting Party does not have
any responsibility to pay any third party LEC, ILEC, or CMRS
provider charges for termination or any identifiable transit
traffic from the originating Party. Both Parties reserve the
right not to pay such charges on behalf of the originating
Party.
7.3. Payment Terms and Conditions
7.3.1. In addition to the payment terms and conditions contained in
other sections of this Agreement, the Parties shall compensate
each other for transit service as follows:
7.3.1.1. The originating Party shall pay to the transiting
Party a transit service charge as set forth in the
Pricing Schedule; and
7.3.1.2. If the terminating Party requests, and the
transiting Party does not provide, the terminating
Party with the originating record in order for the
terminating Party to xxxx the originating Party, the
56
terminating Party shall default xxxx the transiting
Party for transited traffic which does not identify the
originating Party.
7.4. Billing Records and Exchange of Data
7.4.1 Parties will use the best efforts to convert all networks
transporting transit traffic to deliver each call to the
other Party's network with SS7 Common Channel Interoffice
Signalling (CCIS) and other appropriate TCAP messages in
order to facilitate full interoperability and billing
functions. The Parties agree to send all message indicators,
including originating telephone number, local routing number
and CIC.
7.4.2. The transiting Party agrees to provide the terminating Party
information on traffic originated by a third party CLEC,
ILEC, or CMRS provider. To the extent Sprint incurs
additional cost in providing this billing information. CLEC
agrees to reimburse Sprint for its direct costs of providing
this information.
7.4.3. To the extent that the industry adopts a standard record
format for recording originating and/or terminating transit
calls, both Parties agree to comply with the industry-
adopted format to exchange records.
8. RESPONSIBILITIES OF THE PARTIES
8.1. Sprint and CLEC will review engineering requirements consistent with
the Implementation Plan describe in Part B, Article 30 and Part C.
Attachment IV, Article 4 and otherwise as set forth in this
Agreement.
8.2. CLEC and Sprint shall share responsibility for all Control Office
functions for Local Interconnection Trunks and Trunk Groups, and
both parties shall share the overall coordination, installation, and
maintenance responsibilities for these trunks and trunk groups.
8.3 CLEC and Sprint shall:
8.3.1 Provide trained personnel with adequate and compatible test
equipment to work with each other's technicians.
8.3.2 Notify each other when there is any change affecting the
service requested, including the due date.
8.3.3 Coordinate and schedule testing activities of their own
personnel, and others as applicable, to ensure its
interconnection trunks/trunk groups are installed per the
interconnection order, meet agreed-upon acceptance test
requirements, and are placed in service by the due date.
8.3.4. Perform sectionalization to determine if a trouble is
located in its facility of its portion of the
interconnection trunks prior to referring the trouble to
57
each other.
8.3.5. Advise each other's Control Office if there is an equipment
failure which may affect the interconnection trunks.
8.3.6. Provide each other with a trouble reporting/repair contact
number that is readily accessible and available twenty-four (24)
hours/seven (7) days a week. Any changes to this contact
arrangement must be immediately provided to the other party.
8.3.7. Provide to each other test-line numbers and access to test
lines.
8.3.8. Cooperatively plan and implement coordinated repair procedures
for the meet point and Local Interconnection trunks and
facilities to ensure trouble reports are resolved in a timely
and appropriate manner.
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ATTACHMENT V
INTERIM NUMBER PORTABILITY
1. SPRINT PROVISION OF INTERIM NUMBER PORTABILITY
1.1 Sprint shall provide INP in accordance with requirements of the Act
and FCC Rules and Regulations. INP shall be provided with minimum
impairment of functionality, quality, reliability and convenience to
subscribers of CLEC services until such time as LNP service is offered
in the Sprint rate center, in which case INP will be discontinued.
Beginning on the date LNP is available in an area, INP orders will no
longer be processed, and the Parties will work together to convert the
existing INP lines to LNP.
2. INTERIM NUMBER PORTABILITY
2.1. Interim Number Portability (INP) shall be provided to the extent
technical capabilities allow, by a Sprint directed Remote Call
Forwarding (RCF). In the event RCF is a purchased feature of the CLEC
end user, there is no relationship between RCF and INP. Once LNP is
generally available in Sprint's serving area, RCF will be provided
only as a retail service offering by Sprint.
2.2. Remote Call Forwarding (RCF) is an INP method to provide subscribers
with service-provider portability by redirecting calls within the
telephone network. When RCF is used to provide interim number
portability, calls to the ported number will first route to the Sprint
switch to which the ported number was previously assigned. The Sprint
switch will then forward the call to a number associated with the CLEC
designated switch to which the number is ported. CLEC may order any
additional paths to handle multiple simultaneous calls to the same
ported telephone number.
2.3 The trunking requirements will be agreed upon by Sprint and CLEC
resultant from application of sound engineering principles. These
trunking options may include SS7 signaling, in-band signaling, and
may be one-way or two-way. The trunks used may be the same as those
used for exchange of other Local Traffic and toll traffic between
Sprint and CLEC.
2.4. Local Exchange Routing Guide (LERG) Reassignment, Portability for an
entire NXX shall be provided by utilizing reassignment of the block
to CLEC through the LERG. Updates to translations in the Sprint
switching office from which the telephone number is ported will be
made by Sprint prior to the date on which LERG changes become
effective, in order to redirect calls to the CLEC switch via route
indexing.
2.5 Other Currently Available Number Portability Provisions:
2.5.1 Where SS7 is available, Sprint shall exchange with XXXX, XX0
TCAP
59
messages as required for the implementation CLASS or other
features available in the Sprint network, if technically
feasible.
2.5.2. Upon notification that CLEC will be initiating INP, Sprint
shall disclose to CLEC any technical or capacity limitations
that would prevent use of the requested INP in the affected
switching office. Sprint and CLEC shall cooperate in the
process of porting numbers to minimize subscriber out-of-
service time, including promptly updating switch translations,
where necessary, after notification that physical cut-over has
been completed (or initiated), as CLEC may designate.
2.5.3 For INP, CLEC shall have the right to use the existing Sprint
911 infrastructure for all 911 capabilities. When RCF is used
for CLEC subscribers, both the ported numbers and shadow
numbers shall be stored in ALI databases. CLEC shall have the
right to verify the accuracy of the information in the ALI
databases.
2.5.3.1. When any INP method is used to port a subscriber,
the donor provider must maintain the LIDB record for
that number to reflect appropriate conditions as
reported to it by the porting service provider. The
donor must outclear call records to CLEC for billing
and collection from the subscriber. Until such time as
Sprint's LIDB has the software capability to recognize
a ported number as CLEC's, Sprint shall store the
ported number in its LIDB at no charge and shall retain
revenue for LIDB look-ups to the ported number. At such
time as Sprint's LIDB has the software capability to
recognize that the ported number is CLEC's then, if
CLEC desires to store numbers on Sprint's LIDB, the
parties shall negotiate a separate LIDB database
storage and look-up agreement.
2.5.4. Sprint will send a CARE transaction 2231 to notify LXC that
access is now provided by a new CLEC for that number.
3. REQUIREMENTS FOR INP
3.1 Cut-Over Process
3.1.1. Sprint and CLEC shall cooperate in the process of porting
numbers from one carrier to another so as to limit service
outage for the ported subscriber.
3.1.1.1. For a Coordinated Cutover Environment, Sprint and
CLEC will coordinate the disconnect and switch
translations as close to the requested time as
possible. The coordination shall be pre-specified by
CLEC and agreed to by both parties and in no case shall
begin more than thirty (30) minutes after the agreed
upon time.
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3.1.1.2. For a Non-Coordinated Cutover Environment, the
Parties will agree to a mutually satisfactory cutover
time and Sprint shall schedule an update of
disconnect and switch transiations at the agreed upon
cutover time. Such updates will be available to CLEC
at Parity with Sprint's own availability for such
activity. Sprint and CLEC shall each provide an
appropriate operations contact with whom the Parties
can contact in the event manual intervention is
needed to complete the cutover. In the event of
manual intervention, and if Sprint is unable to
resolve the issue within sixty (60) minutes, Sprint
shall notify CLEC of the issue and CLEC and Sprint
shall determine the plan to resolve it.
3.2. Testing Sprint and CLEC shall cooperate in conducting CLEC's testing
to ensure interconnectivity between systems. Sprint shall inform
CLEC of any system updates that may affect the CLEC network and
Sprint shall, at CLEC's request, perform tests to validate the
operation of the network. Additional testing requirements may apply
as specified by this Agreement.
3.3 Installation Timeframes
3.3.1. Installation Time Frames for RCF INP, where no other work is
required, will be completed using Sprint's standard interval
for service installation of complex services.
3.3.2. If a subscriber elects to move its Telephone Exchange Service
back to Sprint while on an INP arrangement, Sprint shall
notify CLEC of the Subscriber's termination of service with
CLEC and the Subscriber's instructions regarding its
telephone number(s) at Parity with what is offered to other
Sprint customers.
3.4. Call Referral Announcements. Should CLEC direct Sprint to terminate
INP measures, Sprint shall allow CLEC to order a referral announcement
available in that switch.
3.5. Engineering and Maintenance. Sprint and CLEC will cooperate to ensure
that performance of trunking and signaling capacity is engineered
and managed at levels which are at Parity with that provided by Sprint
to its subscribers and to ensure effective maintenance testing through
activities such as routine testing practices, network trouble
isolation processes and review of operational elements for
translations, routing and network fault isolation.
3.6. Operator Services and Directory Assistance
3.6.1 With respect to operator services and directory assistance
associated with INP for CLEC subscribers, Sprint shall provide
the following;
3.6.1.1 While INP is deployed;
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3.6.1.1.1. Sprint shall allow CLEC to order provisioning of
Telephone Line Number (TLN) calling cards and Billed
Number Screening (BNS), in its LIDB, for ported
numbers, as specified by CLEC. Sprint shall continue
to allow CLEC access to its LIDB. Other LIDB
provisions are specified in this Agreement.
3.6.1.1.2. Where Sprint has control of directory listings
for NXX codes containing ported numbers, Sprint
shall maintain entries for ported numbers as
specified by CLEC.
3.6.2. Sprint OSS shall meet all requirements specified in "Generic
Operator Services Switching Requirements for Number
Portability." Issue 1.00. Final Draft, April 12, 1996, Editor -
Nortel.
3.7. Number Reservation. When a subscriber ports to another service
provider and has previously secured, via a tariffed offering, a
reservation of line numbers from the donor provider for possible
activation at some future point, these reserved but inactive numbers
shall "port" along with the active numbers being ported by the
subscriber in order to ensure that the end user subscriber will be
permitted to expand its service using the same number range it could
use if it remained with the donor provider. However, Sprint will not
port vacant numbers.
62
ATTACHMENT VI
LOCAL NUMBER PORTABILITY
1. INTRODUCTION
1.1. Upon implementation of LNP, both Parties agree to conform and provide
such LNP pursuant to FCC regulations and compliance with the Industry
Forum. To the extent consistent with the FCC and Industry rules as
amended from time to time, the requirements for LNP shall include the
following:
1.1.1. Subscribers must be able to change local service providers and
retain the same telephone number(s) within the serving wire
center utilizing the portability method in effect within the
porting MSA, as offered by the porting carrier, and within the
area of portability as defined by the FCC or state commission
having jurisdiction over this Agreement.
1.1.2. The LNP network architecture shall not subject Parties to any
degradation of service in any relevant measure, including
transmission quality, switching and transport costs, increased
call set-up time and post-dial delay.
1.1.3. Parties agree that when an NXX is defined as portable, it
shall also be defined as portable in all LNP capable offices
which have direct trunks to the given switch.
1.1.4. When a subscriber ports to another service provider and has
previously secured a reservation of line numbers from the
donor provider for possible activation at some future point,
these reserved but inactive numbers shall port along with the
active numbers being ported by the subscriber only in states
where appropriate charges from Sprint tariffs are executed for
reserved numbers.
1.1.5. NXX Availability. Not all NXXs in each CO may be available for
porting.
1.1.6. LERG Reassignment. Portability for an entire NXX shall be
provided by utilizing reassignment of the NXX to CLEC through
the LERG.
1.1.7. Coordination of service order work outside normal business
hours (8:00AM to 5:00PM) shall be at requesting Party's
expense. Premium rates will apply for service order work
performed outside normal business hours, weekends, and
holidays.
1.1.8. Mass Calling Events. Parties will notify each other at least
seven (7) days in advance where ported numbers are utilized.
Parties will only port mass calling numbers using switch
translations and a choke network for call routing. Porting on
mass calling numbers will be handled outside the
63
normal porting process and comply with any applicable state or
federal regulatory requirements developed for mass calling
numbers.
2. TRANSITION FROM INP TO LNP
2.1 Existing INP Arrangements. As Sprint provision LNP according to the
industry schedule in a Wire Center/Central Office, there will be a
maximum of a ninety (90) day transition from INP to LNP. At the time,
the CLEC will be required to fully implement LNP according to industry
standards.
2.2 Once LNP is available in an area, all new portability will be LNP and
INP will no longer be offered.
3. TESTING
3.1 An Interconnection Agreement (or Memorandum of Understanding, or
Porting Agreement) detailing conditions for LNP must be in effect
between the Parties prior to testing.
3.2 Testing and operational issues will be addressed in the implementation
plans as described in Part A. Section 30 of the agreement.
3.3 CLEC must be NPAC certified and have met Sprint testing parameters
prior to activating LNP. If LNP implementation by a CLEC/CMRS provider
occurs past the FCC activation date, testing and porting will be done
at CLEC's expense.
3.4 Parties will cooperate to ensure effective maintenance testing through
activities such as routine testing practices, network trouble
isolation processes and review of operational elements for translation
routing and network fault isolation.
3.5 Parties shall cooperate in testing performed to ensure
interconnectivity between systems. All LNP providers shall notify each
connected provider of any system updates that may affect the CLEC or
Sprint network. Each LNP provider shall, at each other's request,
jointly perform tests to validate the operation of the network.
Additional testing requirements may apply as specified by this
Agreement or in the Implementation Plan.
4. ENGINEERING AND MAINTENANCE
4.1 Each LNP provider will monitor and perform effective maintenance
through testing and the performance of proactive maintenance
activities such as routine testing, development of and adherence to
appropriate network trouble isolation processes and periodic
review of operational elements for translations, routing and network
faults.
4.2 It will be the responsibility of the Parties to ensure that the
network is stable and maintenance and performance levels are
maintained in accordance with state commission requirements. It will
be the responsibility of the Parties to perform
64
fault isolation in their network before involving other providers.
4.3. Additional engineering and maintenance requirements shall apply as
specified in this Agreement or the Implementation Plan.
5. E911/911
5.1. When a subscriber ports to another service provider, the donor
provider shall use information provided by the porting provider to
update the 911 tandem switch routing tables and 911/ALI database to
correctly route, and provide accurate information to PSAP call
centers.
5.2. Prior to implementation of LNP, the Parties agree to develop,
implement, and maintain efficient methods to maintain 911 database
integrity when a subscriber ports to another service provider. The
Parties agree that the customer shall not be dropped from the 911
database during the transition.
6. BILLING
6.1. When an IXC terminates an InterLATA or IntraLATA toll call to either
party's local exchange customer whose telephone number has been ported
from one party to the other, the parties agree that the party to whom
the number has been ported shall receive revenues from those IXC
access charges associated with end office switching, local transport,
RIC, and CCL, as appropriate, and such other applicable charges. The
party from whom the number has been ported shall be entitled only to
receive any entrance facility fees, access tandem fees and appropriate
local transport charges as set forth in this Agreement. Such access
charge payments will be adjusted to the extent that the paying party
has already paid Reciprocal Compensation for the same minutes of use.
When a call for which access charges are not applicable is terminated
to a party's local exchange customer whose telephone number has been
ported from the other party, the parties agree that the Reciprocal
compensation arrangements described in this Agreement shall apply.
6.2. Non-Payment. Customers lose the right to the ported telephone number
upon non-payment of charges. Sprint will not port telephone numbers of
customers who have bills in default.
65
ATTACHMENT VII
GENERAL BUSINESS REQUIREMENTS
1. PROCEDURES
1.1. Contact with Subscribers
1.1.1. Each Party at all times shall be the primary contact and
account control for all interactions with its subscribers,
except as specified by that Party. Subscribers include
active subscribers as well as those for whom service orders
are pending.
1.1.2. Each Party shall ensure that any of its personnel who may
receive subscriber inquiries, or otherwise have opportunity
for subscriber contact from the other Party's subscribers
regarding the other Party's services; (i) provide
appropriate referrals to subscribers who inquire about the
other Party's services or products; (ii) do not in any way
disparage or discriminate against the other Party, or its
products or services; and (iii) do not provide information
about its products or services during that same, inquiry or
subscriber contact.
1.1.3. Sprint shall not use CLEC's request for subscriber
information, order submission, or any other aspect of CLEC's
processes or services to aid Sprint's marketing or sales
efforts.
1.2. Expedite and Escalation Procedures
1.2.1 Sprint and CLEC shall develop mutually acceptable escalation
and expedite procedures which may be invoked at any point in
the Service Ordering, Provisioning, Maintenance, and
Subscriber Usage Data transfer processes to facilitate rapid
and timely resolution of disputes. In addition Sprint and
CLEC will establish intercompany contacts lists for purposes
of handling subscriber and other matters which require
attention/resolution outside of normal business procedures
within thirty (30) days after CLEC's request. Each party
shall notify the other party of any changes to its
escalation contact list as soon as practicable before such
changes are effective.
1.2.2. No later than thirty (30) days after CLEC's request Sprint
shall provide CLEC with contingency plans for those cases in
which normal Service Ordering, Provisioning, Maintenance.
Billing, and other procedures for Sprint's unbundled Network
Elements, features, functions, and resale services are
inoperable.
1.3 Subscriber of Record. Sprint shall recognize CLEC as the Subscriber
of Record for all Network Elements or services for resale ordered by
CLEC and shall send all notices, invoices, and information, which
pertain to such ordered services
66
directly to CLEC, CLEC will provide Sprint with addresses to which
Sprint shall send all such notices, invoices, and information.
1.4. Services Offerings
1.4.1. Sprint shall provide CLEC with access to new services,
features and functions concurrent with Sprint's notice to
CLEC of such changes, if such service, feature or function
is installed and available in the network or as soon
thereafter as it is installed and available in the network,
so that CLEC may conduct market testing.
1.4.2. Essential Services. For purposes of service restoral, Sprint
shall designate a CLEC access line as an Essential Service
Line (ESL) at Parity with Sprint's treatment of its own
subscribers and applicable state law or regulation, if any.
1.4.3. Blocking Services. Upon request from CLEC, employing Sprint-
approved LSR documentation, Sprint shall provide blocking of
700, 900, and 976 services, or other services of similar
type as may now exist or be developed in the future, and
shall provide Billed Number Screening (BNS), including
required LIDB updates, or equivalent service for blocking
completion of xxxx-to-third party and collect calls, on a
line, PBX, or individual service basis. Blocking shall be
provided the extent (a) it is an available option for the
Telecommunications Service resold by CLEC, or (b) it is
technically feasible when requested by CLEC as a function of
unbundled Network Elements.
1.4.4. Training Support. Sprint shall provide training, on a non-
discriminatory basis, for all Sprint employees who may
communicate, either by telephone or face-to-face, with CLEC
subscribers. Such training shall include compliance with the
branding requirements of this Agreement including without
limitation provisions of forms, and unbranded 'Not at Home"
notices.
2. ORDERING AND PROVISIONING
2.1. Ordering and Provisioning Parity. Sprint shall provide necessary
ordering and provisioning business process support as well as those
technical and systems interfaces as may be required to enable CLEC
to provide the same level and quality of service for all resale
services, functions, features, capabilities and unbundled Network
Elements at Parity.
2.2. National Exchange Access Center (NEAC)
2.2.1. Sprint shall provide a NEAC or equivalent which shall serve
as CLEC's point of contact for all activities involved in
the ordering and provisioning of Sprint's unbundled Network
Elements, features, function, and resale
67
services.
2.2.2 The NEAC shall provide to CLEC a nationwide telephone
number (available from 6:00 a.m. to 8:00 p.m. Eastern
Standard Time, Monday through Friday, and 8:00 am through
5:00 P.M. Eastern Standard Time on Saturday) answered by
competent, knowledgeable personnel and trained to answer
questions and resolve problems in connection with the
ordering and provisioning of unbundled Network Elements
(except those associated with local trunking inter-
connection), features, functions, capabilities, and resale
services.
2.2.3. Sprint shall provide, as requested by CLEC, through the
NEAC, provisioning and premises visit installation support
in the form of coordinated scheduling, status, and dispatch
capabilities during Sprint's standard business hours and at
other times as agreed upon by the parties to meet subsciber
demand.
2.3. Street Address Guide (SAG). Within thirty (30) days of CLEC's written
request. Sprint shall provide to CLEC the SAG data, or its
equivalent, in an electronic format mutually agreeable to the
parties. All changes and updates to the SAG shall be provided to in a
mutually agreed format and timeframe.
2.4. CLASS and Custom Features. Where generally available in Sprints
serving area. CLEC, at the tariff rate, may order the entire set of
CLASS,CENTREX and Custom feautres and functions, or a subset of any
one of such features.
2.5. Number Administration/Number Reservation
2.5.1. Sprint shall provide testing and loading of CLEC's NXX on
the same basis as Sprint provides itself or its affiliates.
Further, Sprint shall provide CLEC with access to
abbreviated dialing codes, and the ability to obtain
telephone numbers, including vanity numbers, while a
subscriber is on the phone with CLEC. When CLEC uses numbers
from a Sprint NXX, Sprint shall provide the same range of
number choices to CLEC, including choice of exchange
number, as Sprint provides its own subscribers. Reservation
and aging of Sprint NXX's shall remain Sprint's
responsibility.
2.5.2. In conjunction with an order for service, Sprint shall
accept CLEC orders for vanity numbers and blocks of numbers
for use with complex services including, but not limited
to, DID, CENTREX, and Hunting arrangements, as requested by
CLEC.
2.5.3. For simple services number reservations and aging of
Sprint's numbers, Sprint shall provide real-time
confirmation of the number reservation when the Electronic
Interface has been implemented. For number reservations
associated with complex services. Sprint shall provide
confirmation of the number reservation within twenty-four
(24) hours of
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CLEC's request. Consistent with the manner in which Sprint provides
numbers to its own subscribers, no telephone number assignment is
guaranteed until service has been installed.
2.6 Service Order Process Requirements
2.6.1. Service Migrations and New Subsciber Additions
2.6.1.1. For resale services, other than for a CLEC order to
convert "as is" a CLEC subscriber. Sprint shall not
disconnect any subsciber service or existing features at
any time during the migration of that subscriber to CLEC
service without prior CLEC agreement.
2.6.1.2. For services provided through UNEs, Sprint shall
recognize CLEC as an agent, in accordance with OBF
developed processes, for the subscriber in coordinating the
disconnection of services provided by another CLEC or
Sprint. In addition, Sprint and CLEC will work
cooperatively to minimize service interruptions during the
conversion.
2.6.1.3. Unless otherwise directed by CLEC and when technically
capable, when CLEC orders resale Telecommunications
Services or UNEs all trunk or telephone numbers currently
associated with existing services shall be retained without
loss of feature capability and without loss of associated
ancillary services including, but not limited to, Directory
Assistance and 911/E911 capability.
2.6.1.4. For subscriber conversions requiring coordinated cut-
over activities, on a per order basis, Sprint, to the
extent resources are readily available, and CLEC will agree
on a scheduled conversion time, which will be a designated
time period within a designated date.
2.6.1.4.1. Any request made by CLEC to coordinate
conversions after normal working hours, or on
Saturday's or Sunday's or Sprint holidays shall be
performed at CLEC's expense.
2.6.1.5. A general Letter of Agency (LOA) initiated by CLEC or
Sprint will be required to process a PLC or PIC change
order. Providing the LOA, or a copy of the LOA, signed by
the end user will not be required to process a PLC or PIC
change ordered by CLEC or Sprint. CLEC and Sprint agree
that PLC or PIC change orders will be supported with
appropriate documentation and verification as required by
FCC and Commission rules. In the event of a subsciber
complaint of an unauthorized PLC record change where the
Party that ordered such change is unable to produce
appropriate
69
documentation and verification as required by FCC and Commission
rules (or, if there are no rules applicable to PLC record
changes, then such rules as are applicable to changes in long
distance carriers of record), such Party shall be liable to pay
and shall pay all nonrecurring and/or other charges associated
with reestablishing the subscriber's local service with the
original local carrier.
2.6.2. Intercept Treatment and Transfer Service Announcements. Sprint shall
provide unbranded intercept treatment and transfer of service
announcements to CLEC's subscribers. Sprint shall provide such
treatment and transfer of service announcement in accordance with
local tariffs and as provided to similarly situated Sprint subscribers
for all service disconnects, suspensions, or transfers.
2.6.3. Due Date
2.6.3.1. Sprint shall supply CLEC with due date intervals to be used
by CLEC personnel to determine service installation dates.
2.6.3.2. Sprint shall use best efforts to complete orders by the CLEC
requested DDD within agreed upon intervals.
2.6.4. Subscriber Premises Inspections and Installations
2.6.4.1. CLEC shall perform or contract for all CLEC's needs
assessments, including equipment and installation requirements
required beyond the Demarcation/NID, located at the
subscriber premises.
2.6.4.2. Sprint shall provide CLEC with the ability to schedule
subscriber premises installations at the same morning and
evening commitment level of service offered Sprint's own
customers. The parties shall mutually agree on an interim
process to provide this functionality during the
implementation planning process.
2.6.5. Firm Order Confirmation (FOC)
2.6.5.1. Sprint shall provide to CLEC, a Firm Order Confirmation
(FOC) for each CLEC order. The FOC shall contain the
appropriate data elements as defined by the OBF standards.
2.6.5.2. For a revised FOC, Sprint shall provide standard detail as
defined by the OBF standards.
2.6.5.3. Sprint shall provide to CLEC the date that service is
scheduled to be installed.
2.6.6. Order Rejections
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2.6.6.1. Sprint shall reject and return to CLEC any order that
Sprint cannot provision, due to technical reasons,
missing information, or jeopardy conditions resulting
from CLEC ordering service at less than the standard
order interval. When an order is rejected, Sprint
shall, in its reject notification, specifically
describe all the reasons for which the order was
rejected. Sprint shall reject any orders on account of
the customer Desired Due Date conflicts with published
Sprint order provisioning interval requirements .
2.6.7. Service Order Changes
2.6.7.1. In no event will Sprint change a CLEC initiated
service order without a new service order directing said
change. If an installation or other CLEC ordered work
requires a change from original CLEC service order in any
manner, CLEC shall initiate a revised service order. If
requested by CLEC, Sprint shall then provide CLEC an
estimate of additional labor hours and/or materials.
2.6.7.1.1. When a service order is completed, the
cost of the work performed will be reported
promptly to CLEC.
2.6.7.2. If a CLEC subscriber requests a service change at the
time of installation or other work being performed by
Sprint on behalf of CLEC. Sprint, while at the subscriber
premises, shall direct the CLEC subscriber to contact
CLEC, and CLEC will initiate a new service order.
2.7. Network Testing. Sprint shall perform all its standard pre-service
testing prior to the completion of the service order.
2.8. Service Suspensions/Restorations. Upon CLEC's request through an
Industry Standard, OBF, Suspend/Restore Order, or mutually agreed upon
interim procedure, Sprint shall suspend or restore the functionality
of any Network Element, feature, function, or resale service to which
suspend/restore is applicable. Sprint shall provide restoration
priority on a per network element basis in a manner that conforms with
any applicable regulatory Rules and Regulations or government
requirements.
2.9. Order Completion Notification. Upon completion of the requests
submitted by CLEC, Sprint shall provide to CLEC a completion
notification in an industry standard, OBF, or in a mutually agreed
format. The completion notification shall include detail of the work
performed, to the extent this is defined within OBF guidelines, and in
an interim method such standards are defined.
2.10.Specific Unbundling Requirements. CLEC may order and Sprint shall
provision unbundled Network Elements. However, it is CLEC's
responsibility to combine
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the individual network elements should it desire to do so.
2.11. Systems Interfaces and Information Exchanges
2.11.1. General Requirements
2.11.1.1. Sprint shall provide to CLEC Electronic Interface(s)
for transferring and receiving information and executing
transactions for all business functions directly or
indirectly related to Service Ordering and Provisioning of
Network Elements, features, functions and
Telecommunications Services. The Interface(s) shall be
developed/designed for the transmission of data from CLEC
to Sprint, and from Sprint to CLEC
2.11.1.2. Interim interfaces or processes may be modified, if so
agreed by CLEC and Sprint during the interim period
2.11.1.3. Until the Electronic Interface is available, Sprint
agrees that the NEAC or similar function will accept
CLEC orders. Orders will be transmitted to the NEAC via
an interface or method agreed upon by CLEC and Sprint.
2.11.2. For any CLEC subscriber Sprint shall provide, subject to
applicable rules, orders, and decisions. CLEC with access CPNI
without requiring CLEC to produce a signed LOA, based on CLEC's
blanket representation that subscriber has authorized CLEC to
obtain such CPNI.
2.11.2.1. The preordering Electronic Interface includes the
provisioning of CPNI from Sprint to CLEC. The Parties
agree to execute a LOA agreement with the Sprint end user
prior to requesting CPNI for that Sprint end user CPNI
only when the end user has specifically given permission
to receive CPNI. The Parties agree that they will conform
to FCC and/or state regulations regarding the
provisioning of CPNI between the parties, and regarding
the use of that information by the requesting party.
2.11.2.2 The requesting Party will document end user permission
obtained to receive CPNI, whether or not the end user has
agreed to change local service providers. For end users
changing service from one party to the other, specific
end user LOAs may be requested by the Party receiving
CPNI requests to investigate possible slamming incidents,
and for other reasons agreed to by the Parties.
2.11.2.3. The receiving Party may also request documentation of
an LOA if CPNI is requested and a subsequent service
order for the change of local service is not received. On
a schedule to be
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determined by Sprint will perform a comparison of
requests for CPNI to service orders received for the
change of Local Service to CLEC. Sprint will produce a
report of unmatched requests for CPNI, and may require an
LOA from CLEC for each unmatched request. CLEC agrees to
provide evidence of end user permission for receipt of
CPNI for all end users in the request by Sprint within
three (3) business days or receipt of a request from
Sprint. Should Sprint determine that there has been a
substantial percentage of unmatched LOA requests. Sprint
reserves the right to immediately disconnect the
preordering Electronic Interface.
2.11.2.4. If CLEC is not able to provide the LOA for ninety-
five percent (95%) of the end users requested by Sprint,
or if Sprint determines that an LOA is inadequate, CLEC
will be considered in breach of the agreement, CLEC can
cure the breach by submitting to Sprint evidence of an LOA
for each inadequate or omitted LOA within three (3)
business days of notification of the breach.
2.11.2.5. Should CLEC not be able to cure the breach in the
timeframe noted above Sprint will discontinue processing
new service orders until, in Sprint's determination. CLEC
has corrected the problem that caused the breach.
2.11.2.6. Sprint will resume processing new service orders upon
Sprint's timely review and acceptance of evidence provided
by CLEC to correct the problem that caused the breach.
2.11.2.7 If CLEC and Sprint do not agree that CLEC requested
CPNI for a specific end user, or that Sprint has erred in
not accepting proof of an LOA, the Parties may immediately
request dispute resolution in accordance with Part B.
Sprint will not disconnect the preordering Electronic
Interface during the Alternate Dispute Resolution
process.
2.11.2.8. When available per Electronic Interface
Implementation Sprint shall provide to CLEC
Electronic Interface to Sprint information systems
to allow CLEC to assign telephone number(s) (if the
subscriber does not already have a telephone number
or requests a change of telephone number) at Party.
2.11.2.9. When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC an
Electronic Interface to schedule dispatch and
installation appointments at Party.
2.11.2.10. When a available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC an
electronic Interface to Sprint subscriber
information systems which will allow CLEC to
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determine if a service call is needed to install the line
or service at Parity.
2.11.2.11. When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC an
Electronic Interface to Sprint information systems which
will allow CLEC to provide service availability dates at
Parity.
2.11.2.12. When available per Electronic Interface
Implementation Plan, Sprint shall provide to CLEC an
Electronic Interface which transmits status information
on service orders at Parity. Until an Electronic
Interface is available, Sprint agrees that Sprint will
provide proactive status on service orders at the
following critical intervals: acknowledgement, firm order
confirmation, and completion according to interim
procedures to be mutually developed.
2.12. Standards
2.12.1. General Requirements. CLEC and Sprint shall agree upon the
appropriate ordering and provisioning codes to be used for
UNEs. These codes shall apply to all aspects of the
unbundling of that element and shall be known as data
elements as defined by the Telecommunications Industry
Forum Electronic Data Interchange Service Order
Subcommittee (TCIF-EDI-SOSC).
3. BILLING
3.1. Sprint shall comply with various industry, OBF, and other standards
referred to throughout this Agreement. Sprint and CLEC will review
any changes to industry standards, and Sprint's interpretation of
these standards before they are implemented by Sprint. Until
industry standards are adopted and implemented, Sprint shall utilize
an interim process as determined by Sprint and reviewed by CLEC as
part of the Implementation Plan.
3.2. Sprint shall xxxx XXXX for each service supplied by Sprint to CLEC
pursuant to this Agreement at the rates set forth in this Agreement.
3.3. Sprint shall provide to CLEC a single point of contact for
interconnection at the National Access Service Center (NASC), and
Network Elements and resale at Sprint's NEAC, to handle any
Connectivity Billing questions or problems that may arise during the
implementation and performance of the terms and conditions of this
Agreement.
3.4. Sprint shall provide a single point of contact for handling of any
data exchange questions or problems that may arise during the
implementation and performance of the terms and conditions of this
Agreement.
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3.5. Subject to the terms of this Agreement, CLEC shall pay Sprint within
thirty (30) days from the Xxxx Date. If the payment due date is a
Saturday, Sunday or has been designated a bank holiday payment shall
be made the next business day.
3.6. Billed amounts for which written, itemized disputes or claims have
been filed shall be handled in accordance with the procedures set
forth in Part B, Article 21 of this Agreement.
3.7. Sprint will assess late payment charges to CLEC in accordance with
Part B.(S) 5.5 of this Agreement.
3.8. Sprint shall credit CLEC for incorrect Connectivity Billing charges
including without limitation; overcharges, services ordered or
requested but not delivered, interrupted services, services of poor
quality and installation problems if caused by Sprint. Such
reimbursements shall be set forth in the appropriate section of the
Connectivity Xxxx pursuant to CABS, or SECAB standards.
3.9. Where Parties have established interconnection, Sprint and the CLEC
agree to conform to MECAB and MECOD guidelines. They will exchange
Billing Account Reference and Xxxx Account Cross Reference
information and will coordinate Initial Billing Company/Subsequent
Billing Company billing cycles, Sprint and CLEC will exchange the
appropriate records to xxxx exchange access charges to the IXC,
Sprint and CLEC agree to capture EMR records for inward terminating
and outward originating calls and send them to the other, as
appropriate, in daily or other agreed upon interval, via and agreed
upon media (e.g., Connect Direct, cartridge or magnetic tape).
3.10. Revenue Protection, Sprint shall make available to CLEC, at Parity
with what Sprint provides to itself, its Affiliates and other local
telecommunications CLECs, all present and future fraud prevention or
revenue protection features, including prevention, detection, or
control functionality embedded within any of the Network Elements.
These features include, but are not limited to screening codes,
information digits assigned such as information digits `29' and `70'
which indicate prison and COCOT pay phone originating line types
respectively, call blocking of domestic, international, 800, 888,
900, NPA-976, 700, 500 and specific line numbers, and the capability
to require end-user entry of an authorization code for dial tone,
Sprint shall, when technically capable and consistent with the
implementation schedule for Operations Support Systems (OSS),
additionally provide partitioned access to fraud prevention,
detection and control functionality within pertinent OSS.
4. PROVISION OF SUBSCRIBER USAGE DATA
4.1. This Article 4 sets forth the terms and conditions for Sprint's
provision of Recorded Usage Data (as defined in this Attachment VIII)
to CLEC and for information exchange regarding long distance billing.
The parties agree to record call information for interconnection in
accordance with this Article 4. To the
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extent technically feasible, each party shall record all call detail
information associated with completed calls originated by or
terminated to the other Party's local exchange subscriber. Sprint
shall record for CLEC the messages that Sprint records for and bills
to its end users. These records shall be provided at a party's request
and shall be formatted pursuant to Bellcore's EMR standards and the
terms and conditions of this Agreement. These records shall be
transmitted to the other party on non-holiday business days in EMR
format via CDN, or provided on a cartridge or magnetic tape. Sprint
and CLEC agree that they shall retain, at each party's sole expense,
copies of all EMR records transmitted to the other party for at least
forty-five (45) calendar days after transmission to the other party.
4.2. General Procedures
4.2.1. Sprint shall comply with various industry and OBF standards
referred to throughout this Agreement.
4.2.2. Sprint shall comply with OBF standards when recording and
transmitting Usage Data.
4.2.3. Sprint shall record all usage originating from CLEC subscribers
using resold services ordered by CLEC, where Sprint records
those same services for Sprint subscribers. Recorded Usage Data
includes, but is not limited to, the following categories of
information:
4.2.3.1. Use of CLASS/LASS/Custom Features that Sprint
records and bills for its subscribers on a per usage
basis.
4.2.3.2. Calls to Information Providers (IP) reached via
Sprint facilities will be provided in accordance with
(S)4.2.7.
4.2.3.3. Calls to Directory Assistance where Sprint
provides such service to a CLEC subscriber.
4.2.3.4. Calls completed via Sprint-provided Operator
Services where Sprint provides such service to CLEC's
local service subscriber and where Sprint records such
usage for its subscribers using Industry Standard
Bellcore EMR billing records.
4.2.3.5. For Sprint-provided Centrex Service,station level
detail.
4.2.4. Retention of Records. Sprint shall maintain a machine readable
back-up copy of the message detail provided to CLEC for a
minimum of forty-five (45) calendar days. During the forty-five
(45) day period, Sprint shall provide any data back-up to CLEC
upon the request of CLEC. If the forty-five (45) day has
expired, Sprint may provide the data back-up at CLEC's expense.
4.2.5. Sprint shall provide to CLEC Recorded Usage Data for CLEC
subscribers. Sprint shall not submit other CLEC local usage
data as part of the CLEC
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Recorded Usage Data.
4.2.6. Sprint shall not xxxx directly to CLEC subscribers any
recurring or non-recurring charges for CLEC's services to the
subscriber except where explicitly permitted to do so within a
written agreement between Sprint and CLEC.
4.2.7. Sprint will record 976/N11 calls and transmit them to the IP
for billing. Sprint will not xxxx these calls to either the
CLEC or the CLEC's end user.
4.2.8. Sprint shall provide Recorded Usage Data to CLEC billing
locations as agreed to by the Parties.
4.2.9. Sprint shall provide a single point of contact to respond to
CLEC call usage, data error, and record transmission inquires.
4.2.10. Sprint shall provide CLEC with a single point of contact and
remote identifiers (IDs) for each sending location.
4.2.11. CLEC shall provide a single point of contact responsible for
receiving usage transmitted by Sprint and receiving usage
tapes from a courier service in the event of a facility
outage.
4.2.12. Sprint shall xxxx and CLEC shall pay the charges for Recorded
Usage Data. Billing and payment shall be in accordance with
the applicable terms and conditions set forth herein.
4.3. Charges
4.3.1. Access services, including revenues associated therewith,
provided in connection with the resale of services hereunder
shall be the responsibility of Sprint and Sprint shall
directly xxxx and receive payment on its own behalf from an
LXC for access related to interexchange calls generated by
resold or rebranded customers.
4.3.2. Sprint will be responsible for returning EMI/EMR records to
LXCs with the proper EMR Return Code along with the Operating
Company Number (OCN) of the associated ANI, (i.e., Billing
Number).
4.3.3. Sprint will deliver a monthly statement for wholesale services
in the medium (e.g.: NDM, paper, diskette, cartridge, magnetic
tape, or CD-ROM) requested by CLEC as follows:
4.3.3.1. Invoices will be provided in a standard Carrier
Access Billing format or other such format as Sprint
may determine:
4.3.3.2. Where local usage charges apply and message detail
is created to support available services, the
originating local usage at the call detail level in
standard EMR industry format will be exchanged
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daily or at other mutually agreed upon intervals,
and CLEC will pay Sprint for providing such call
detail;
4.3.3.3. The Parties will work cooperatively to exchange
information to facilitate the billing of in and
out collect and inter/intra-region alternately
billed messages;
4.3.3.4. Sprint agrees to provide information on the
end-user's selection of special features where
Sprint maintains such information (e.g.; billing
method, special language) when CLEC places the
order for service;
4.3.3.5. Monthly recurring charges for
Telecommunications Services sold pursuant to this
Agreement shall be billed monthly in advance.
4.3.3.6. Sprint shall xxxx for message provisioning and,
if applicable data tape charges, related to the
provision of usage records. Sprint shall also xxxx
XXXX for additional copies of the monthly invoice.
4.3.4. For billing purposes, and except as otherwise
specifically agreed to in writing, the Telecommunications
Services provided hereunder are furnished for a minimum
term of one month. Each month is presumed to have thirty
(30) days.
4.4. Central Clearinghouse & Settlement
4.4.1. Sprint and CLEC shall agree upon Clearinghouse and
Incollect/Outcollect procedures.
4.4.2 Sprint shall settle with CLEC for both intra-region and
inter-region billing exchanges of calling card, xxxx-to-
third party, and collect calls under separately
negotiated settlement arrangements.
4.5. Lost Data
4.5.1. Loss of Recorded Usage Data. CLEC Recorded Usage Data
determined to have been lost, damaged or destroyed as a
result of an error or omission by Sprint in its
performance of the recording function shall be recovered
by Sprint at no charge to CLEC. In the event the data
cannot be recovered by Sprint, Sprint shall estimate the
messages and associated revenue, with assistance from
CLEC, based upon the method described below. This
method shall be applied on a consistent basis, subject to
modifications agreed to by Sprint and CLEC. This estimate
shall be used to adjust amounts CLEC owes Sprint for
services Sprint provides in conjunction with the
provision of Recorded Usage Data.
4.5.2. Partial Loss. Sprint shall review its daily controls to
determine if data has been lost. When there has been a
partial loss, actual message and minute
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volumes shall be reported, if possible through recovery as
discussed in 4.1.4.1 above. Where actual data are not
available, a full day shall be estimated for the recording
entity, as outlined in the following paragraphs. The amount
of the partial loss is then determined by subtracting the
data actually recorded for such day from the estimated total
for such day.
4.5.3. Complete Loss. When Sprint is unable to recover data as
discussed in 4.1.4.1 above estimated message and minute
volumes for each loss consisting of an entire AMA tape or
entire data volume due to its loss prior to or during
processing, lost after receipt, degaussed before processing,
receipt of a blank or unreadable tape, or lost for other
causes, shall be reported.
4.5.4. Estimated Volumes. From message and minute volume reports for
the entity experiencing the loss, Sprint shall secure
message/minute counts for the four (4) corresponding days of
the weeks preceding that in which the loss occurred and
compute an average of these volumes. Sprint shall apply the
appropriate average revenue per message ("arpm") agreed to by
CLEC and Sprint to the estimated message volume for messages
for which usage charges apply to the subscriber to arrive at
the estimated lost revenue.
4.5.5. If the day of loss is not a holiday but one (1) (or more) of
the preceding corresponding days is a holiday, use additional
preceding weeks in order to procure volumes for two (2) non-
holidays in the previous two (2) weeks that correspond to the
day of the week that is the day of the loss
4.5.6. If the loss occurs on a weekday that is a holiday (except
Christmas and Mother's day), Sprint shall use volumes from
the two (2) preceding Sundays.
4.5.7. If the loss occurs on Mother's day or Christmas day, Sprint
shall use volumes from that day in the preceding year
multiplied by a growth factor derived from an average of
CLEC's most recent three (3) month message volume growth. If
a previous year's message volumes are not available, a
settlement shall be negotiated.
4.6 Testing, Changes and Controls
4.6.1. The Recorded Usage Data, EMR format, content, and
transmission process shall be tested as agreed upon by CLEC
and Sprint.
4.6.2. Control procedures for all usage transferred between Sprint
and CLEC shall be available for periodic review. This review
may be included as part of an Audit of Sprint by CLEC or as
part of the normal production interface management function.
Breakdowns which impact the flow of usage between Sprint and
CLEC must be identified and jointly resolved as they occur.
The resolution may include changes to control procedures, so
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similar problems would be avoided in the future. Any changes
to control procedures would need to be mutually agreed upon
by CLEC and Sprint.
4.6.3. Sprint Software Changes
4.6.3.1. When Sprint plans to introduce any software
changes which impact the format or content
structure of the usage data feed to CLEC,
designated Sprint personnel shall notify CLEC, no
less than ninety (90) calendar days before such
changes are implemented.
4.6.3.2. Sprint shall communicate the projected changes
to CLEC's single point of contact so that
potential impacts on CLEC processing can be
determined.
4.6.3.3. CLEC personnel shall review the impact of the
change on the entire control structure. CLEC shall
negotiate any perceived problems with Sprint and
shall arrange to have the data tested utilizing the
modified software if required.
4.6.3.4. If it is necessary for Sprint to request changes
in the schedule, content or format of usage data
transmitted to CLEC, Sprint shall notify CLEC.
4.6.4. CLEC Requested Changes:
4.6.4.1. CLEC may submit a purchase order to negotiate and
pay for changes in the content and format of the
usage data transmitted by Sprint.
4.6.4.2. When the negotiated changes are to be
implemented, CLEC and/or Sprint shall arrange for
testing of the modified data.
4.7. Information Exchange and Interfaces
4.7.1. Product/Service Specific, Sprint shall provide a Bellcore
standard 42-50-01 miscellaneous charge record to support the
Special Features Star Services if these features are part of
Sprint's offering and are provided for Sprint's subscribers
on a per usage basis.
4.7.2. Rejected Recorded Usage Data
4.7.2.1. Upon agreement between CLEC and Sprint, messages
that cannot be rated and/or billed by CLEC may be
returned to Sprint via CDN or other medium as
agreed by the Parties. Returned messages shall be
sent directly to Sprint in their original EMR
format utilizing standard EMR return codes.
4.7.2.2. Sprint may correct and resubmit to CLEC any
messages returned to Sprint. Sprint will not be
liable for any records
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determined by Sprint to be billable to a CLEC end user. CLEC
will not return a message that has been corrected and
resubmitted by Sprint. Sprint will only assume liability for
errors and unguideables caused by Sprint.
5. GENERAL NETWORK REQUIREMENTS
5.1. Sprint shall provide repair, maintenance and testing for all resold
Telecommunications Services and such UNEs that Sprint is able to test,
in accordance with the terms and conditions of this Agreement.
5.2. During the term of this Agreement, Sprint shall provide necessary
maintenance business process support as well as those technical and
systems interfaces at Parity. Sprint shall provide CLEC with
maintenance support at Parity.
5.3. Sprint shall provide on a regional basis, a point of contact for CLEC
to report vital telephone maintenance issues and trouble reports
twenty four (24) hours and seven (7) days a week.
5.4. Sprint shall provide CLEC maintenance dispatch personnel on the same
schedule that it provides its own subscribers.
5.5. Sprint shall cooperate with CLEC to meet maintenance standards for all
Telecommunications Services and unbundled network elements ordered
under this Agreement. Such maintenance standards shall include,
without limitation, standards for testing, network management, call
gapping, and notification of upgrades as they become available.
5.6. All Sprint employees or contractors who perform repair service for
CLEC subscribers shall follow Sprint standard procedures in all their
communications with CLEC subscribers. These procedures and protocols
shall ensure that:
5.6.1. Sprint employees or contractors shall perform repair service
that is equal in quality to that provided to Sprint
subscribers: and
5.6.2. Trouble calls from CLEC shall receive response time priority
that is equal to that of Sprint subscribers and shall be
handled on a "first come first served" basis regardless of
whether the subscriber is a CLEC subscriber or a Sprint
subscriber.
5.7. Sprint shall provide CLEC with scheduled maintenance for resold lines,
including, without limitation, required and recommended maintenance
intervals and procedures, for all Telecommunications Services and
network elements provided to CLEC under this Agreement equal in
quality to that currently provided by Sprint in the maintenance of its
own network. CLEC shall perform its own testing for UNEs.
5.8. Sprint shall give maximum advance notice to CLEC of all non-scheduled
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maintenance or other planned network activities to be performed by
Sprint on any network element, including any hardware, equipment,
software, or system providing service functionality of which CLEC
has advised Sprint may potentially impact CLEC subscribers.
5.9. Notice of Network Event. Each party has the duty to alert the other
to any network events that can result or have resulted in service
interruption, blocked calls, or negative changes in network
performance as follows:
5.9.1. Any cable or electronics outage that affects fifty percent
(50%) or more of the in-service lines of a central office or
one-thousand (1000) access lines, whichever is less with a
duration of two (2) minutes or more.
5.9.2. Toll or EAS isolation of an entire exchange with duration of
two (2) minutes or more.
5.9.3. Any digital cross-connect or fiber optic complete system
failure lasting two (2) minutes or more.
5.10. On all misdirected calls from CLEC subscribers requesting repair,
Sprint shall provide such CLEC subscriber with the correct CLEC
repair telephone number as such number is provided to Sprint by
CLEC. Once the Electronic Interface is established between Sprint
and CLEC, Sprint agrees that CLEC may report troubles directly to a
single Sprint repair/maintenance center for both residential and
small business subscribers, unless otherwise agreed to by CLEC.
5.11. Upon establishment of an Electronic Interface, Sprint shall notify
CLEC via such electronic interface upon completion of trouble
report. The report shall not be considered closed until such
notification is made. CLEC will contract its subscriber to determine
if repairs were completed and confirm the trouble no longer exists.
5.12. Sprint shall perform all testing for resold Telecommunications
Services.
5.13. Sprint shall provide test results to CLEC, if appropriate, for
trouble clearance. In all instances, Sprint shall provide CLEC with
the disposition of the trouble.
5.14. If Sprint initiates trouble handling procedures, it will bear all
costs associated with that activity. If CLEC requests the trouble
dispatch and either there is not trouble found, or the trouble is
determined to be beyond the end user demarcation point, then
CLEC will bear the cost.
6. MISCELLANEOUS SERVICES AND FUNCTIONS
6.1. General
6.1.1. To the extent that Sprint does not provide the services
described in this Article 12 to itself, Sprint will use
reasonable efforts to facilitate the
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acquisition of such services for or by CLEC through the
existing service provider, CLEC must contract directly with
the service provider for such services.
6.1.2. Basic 911 and E911 General Requirements
6.1.2.1. Basic 911 and E911 provides a caller access to the
appropriate emergency service bureau by dialing a 3-digit
universal telephone number (911). Basic 911 and E911
access from Local Switching shall be provided to CLEC in
accordance with the following:
6.1.2.2. E911 shall provide additional routing flexibility for
911 calls. E911 shall use subscriber data, contained in
the ALI/DMS, to determine to which PSAP to route the
call.
6.1.2.3. Basic 911 and E911 functions provided to CLEC shall be
at Parity with the support and services that Sprint
provides to its subscribers for such familiar
functionality.
6.1.2.4. Basic 911 and E911 access when CLEC purchases Local
Switching shall be provided to CLEC in accordance with
the following:
6.1.2.4.1. Sprint shall conform to all state
regulations concerning emergency services.
6.1.2.4.2. For E911, Sprint shall use its service
order process to update and maintain subscriber
information in the ALI/DMS. Through this
process, Sprint shall provide and validate
CLEC subscriber information resident or
entered into the ALI/DMS.
6.1.2.4.3. Sprint shall provide for overflow
911 traffic to be routed to Sprint Operator
Services or, at CLEC's discretion, directly to
CLEC operator services.
6.1.3. Basic 911 and E911 access from the CLEC local switch shall be
provided to CLEC in accordance with the following:
6.1.3.1. If required by CLEC, Sprint, at CLEC's sole
expense, shall interconnect direct trunks from the
CLEC network to the E911 PSAP, or the E911 Tandems as
designated by CLEC. Such trunks may alternatively be
provided by CLEC.
6.1.3.2. In government jurisdictions where Sprint has
obligations under existing agreements as the primary
provider of the 911 System to the county (Host
SPRINT), CLEC shall participate in the provision
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of the 911 System as follows:
6.1.3.2.1. Each party shall be responsible for
those portions of the 911 System for which it
has control, including any necessary
maintenance to each party's portion of the 911
System.
6.1.3.2.2. Host SPRINT shall be responsible for
maintaining the E-911 database. Sprint shall be
responsible for maintaining the E-911 routing
database.
6.1.4. If a third party is the primary service provider to a
government agency, CLEC shall negotiate separately with such
third party with regard to the provision of 911 service to
the agency. All relations between such third party and CLEC
are totally separate from this Agreement and Sprint makes no
representations on behalf of the third party.
6.1.5. If CLEC or its Affiliate is the primary service provider to
a government agency, CLEC and Sprint shall negotiate the
specific provisions necessary for providing 911 service to
the agency and shall include such provisions in an
amendment to this Agreement.
6.1.6. Interconnection and database access shall be priced as
specified in Attachment I.
6.1.7. Sprint shall comply with established, competitively neutral
intervals for installation of facilities, including any
collocation facilities, diversity requirements, etc.
6.1.8. In a resale situation, where it may be appropriate for
Sprint to update the ALI database, Sprint shall update such
database with CLEC data in an interval at Parity with that
experienced by Sprint subscribers.
6.1.9. Sprint shall transmit to CLEC daily all changes,
alterations, modifications, and updates to the emergency
public agency telephone numbers linked to all NPA NXX's.
This Transmission shall be electronic and be a separate feed
from the subscriber listing feed.
6.1.10. Sprint shall provide to CLEC the necessary UNEs for CLEC to
provide E911/911 services to government agencies. If such
elements are not available from Sprint, Sprint shall offer
E911/911 service for resale by CLEC to government agencies.
6.1.11. The following are Basic 911 and E911 Database Requirements
6.1.11.1. The ALI database shall be managed by Sprint, but
is the property of Sprint and CLEC for those records
provided by CLEC.
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6.1.11.2. To the extent allowed by the governmental agency, and
where available, copies of the MSAG shall be provided
within three business days from the time requested and
provided on diskette, magnetic tape, or in a format
suitable for use with desktop computers.
6.1.11.3. CLEC shall be solely responsible for providing CLEC
database records to Sprint for inclusion in Sprint's ALI
database on a timely basis.
6.1.11.4. Sprint and CLEC shall arrange for the automated input
and periodic updating of the E911 database information
related to CLEC end users. Sprint shall work
cooperatively with CLEC to ensure the accuracy of the
data transfer by verifying it against the MSAG. Sprint
shall accept electronically transmitted files or magnetic
tape that conform to NENA Version #2 format.
6.1.11.5. CLEC shall assign an E911 database coordinator charged
with the responsibility of forwarding CLEC end user. ALI
record information to Sprint or via a third-party entity,
charged with the responsibility of ALI record transfer.
CLEC assumes all responsibility for the accuracy of the
data that CLEC provides to Sprint.
6.1.11.6. CLEC shall provide information on new subscribers to
Sprint within one (1) business day of the order
completion. Sprint shall update the database within two
(2) business days of receiving the data from CLEC. If
Sprint detects an error in the CLEC provided data, the
data shall be returned to CLEC within two (2) business
days from when it was provided to Sprint. CLEC shall
respond to requests from Sprint to make corrections to
database record errors by uploading corrected records
within two (2) business days. Manual entry shall be
allowed only in the event that the system is not
functioning properly.
6.1.11.7. Sprint agrees to treat all data on CLEC subscribers
provided under this Agreement as confidential and to use
data on CLEC subscribers only for the purpose of
providing E911 services.
6.1.11.8. Sprint shall adopt use of a CLEC Code (NENA standard
five-character field) on all ALI records received from
CLEC. The CLEC Code will be used to identify the CLEC of
record in LNP/INP configurations.
6.1.11.9. Sprint shall identify which ALI databases cover which
states, counties or parts thereof, and identify and
communicate a Point of Contact for each.
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6.1.12. The following are basic 911 and E911 Network Requirements
6.1.12.1. Sprint at CLEC's option, shall provide a
minimum of two (2) E911 trunks per 911 switching
entity, or that quantity which will maintain P.01
transmission grade of service, whichever is the
higher grade of service. Where applicable these
trunks will be dedicated to routing 911 calls from
CLEC's switch to a Sprint selective router.
6.1.12.2. Sprint shall provide the selective routing of
E911 calls received from CLEC's switching office.
This includes the ability to receive the ANI of
CLEC's subscriber, selectively route the call to
the appropriate PSAP, and forward the subscriber's
ANI to the PSAP. Sprint shall provide CLEC with
the appropriate CLLI codes and specifications
regarding the Tandem serving area associated
addresses and meet-points in the network.
6.1.12.3. CLEC shall ensure that its switch provides an
eight-digit ANI consisting of an information digit
and the seven-digit exchange code. CLEC shall also
ensure that its switch provides the line number of
the calling station. Where applicable, CLEC shall
send a ten-digit ANI to Sprint when there is an
ANI failure the CLEC shall send the Central Office
Trunk Group number in the Emergency Service
Central Office (ESCO) format.
6.1.12.4. Each ALI discrepancy report shall be jointly
researched by Sprint and CLEC. Corrective action
shall be taken immediately by the responsible
party.
6.1.12.5. Where Sprint controls the 911 network, Sprint
should provide CLEC with a detailed written
description of, but not limited to, the following
information:
6.1.12.5.1. Geographic boundaries of the
government entities, PSAPs, and
exchanges as necessary.
6.1.12.5.2. LECs rate centers/exchanges, where
"Rate Center" is defined as a
geographically specified area used for
determining mileage dependent rates in
the Public Switched Telephone Network.
6.1.12.5.3. Technical specifications for
network interface. Technical
specifications for database loading and
maintenance.
6.1.12.5.4. Sprint shall identify special
routing arrangements to
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complete overflow.
6.1.12.5.5. Sprint shall begin restoration of E911 and/or
E911 trunking facilities immediately upon
notification of failure or outage. Sprint must
provide priority restoration of trunks or networks
outages on the same terms/conditions it provides
itself and without the imposition of
Telecommunications Service Priority (TSP).
6.1.12.5.6. Repair service shall begin immediately upon
receipt of a report of a malfunction. Repair service
includes testing and diagnostic service from a
remote location, dispatch of or in-person visit(s)
of personnel. Technicians will be dispatched without
delay.
6.1.12.6. Sprint shall identify any special operator-assisted calling
requirements to support 911.
6.1.12.7. Trunking shall be arranged to minimize the likelihood of
central office isolation due to cable cuts or other equipment
failures. There will be an alternate means of transmitting a
911 call to a PSAP in the event of failures.
6.1.12.8. Circuits shall have interoffice, loop and CLEC system
diversity when such diversity can be achieved using existing
facilities. Circuits will be divided as equally as possible
across available CLEC systems. Diversity will be maintained or
upgraded to utilize the highest level of diversity available in
the network.
6.1.12.9. All 911 trunks must be capable of transmitting and receiving
Baudot code or ASII necessary to support the use of
Telecommunications Devices for the Deaf (TTY/TDDS).
6.1.13. Basic 911 and E911 Additional Requirements
6.1.13.1. All CLEC lines that have been ported via INP shall reach the
correct PSAP when 911 is dialed. Sprint shall send both the
ported number and the CLEC number (if both are received from
CLEC). The PSAP attendant shall see both numbers where the PSAP
is using a standard ALI display screen and the PSAP extracts
both numbers from the data that is sent.
6.1.13.2. Sprint shall work with the appropriate government agency to
provide CLEC the ten-digit POTS number of each PSAP which sub-
tends each Sprint selective router/911 Tandem to which CLEC is
interconnected.
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6.1.13.3. Sprint shall notify CLEC 48 hours in advance of
any scheduled testing or maintenance affecting CLEC
911 service, and provide notification as soon as
possible of any unscheduled outage affecting CLEC 911
service.
6.1.13.4. CLEC shall be responsible for reporting all
errors, defects and malfunctions to Sprint. Sprint
shall provide CLEC with the point of contact for
reporting errors, defects, and malfunctions in the
service and shall also provide escalation contacts.
6.1.13.5. CLEC may enter into subcontracts with third
parties, including CLEC Affiliates, for the
performance of any of CLEC's duties and obligations
stated herein.
6.1.13.6. Sprint shall provide Sufficient planning
information regarding anticipated moves to SS7
signaling, for 911 services, for the next twelve (12)
months.
6.1.13.7. Sprint shall provide notification of any impacts
to the 911 services provided by Sprint to CLEC
resulting from of any pending Tandem moves, NPA
splits, or scheduled maintenance outages, with enough
time to react.
6.1.13.8. Sprint shall identify process for handling of
"reverse ALI" inquiries by public safety entities.
6.1.13.9. Sprint shall establish a process for the
management of NPA splits by populating the ALI
database with the appropriate new NPA codes.
6.2. Directory Assistance Service
6.2.1. Sprint shall provide for the routing of directory assistance
calls (including but not limited to 411, 555-1212,
NPA-555-1212) dialed by CLEC subscribers directly to, at
CLEC's option, either (a) the CLEC DA service platform to
the extent Sprint's switch can perform this customized
routing, or (b) Sprint DA service platform to the extent
there is a DA service platform for that servicing area.
6.2.2. CLEC subscribers shall be provided the capability by Sprint
to dial the same telephone numbers for access to CLEC
Directory Assistance that Sprint subscribers dial to access
Sprint Directory Assistance.
6.2.3. Should CLEC elect to resell Sprint Directory Assistance,
Sprint shall provide Directory Assistance functions and
Services to CLEC for its subscribers as described below.
6.2.3.1. Sprint agrees to provide CLEC subscribers with the
same
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Directory Assistance service available to Sprint
subscribers.
6.2.3.2. Sprint shall notify CLEC in advance of any changes or
enhancements to its DA service, and shall make available
such service enhancements on a non-discriminatory basis to
CLEC.
6.2.3.3. Sprint shall provide Directory Assistance to CLEC
subscribers in accordance with Sprint's internal local
operator procedures and standards.
6.2.3.4. Sprint shall provide CLEC with the same level of
support for the provisioning of Directory Assistance
as Sprint provides itself. Quality of service standards
shall be measured at the aggregate level in accordance
with the standards and performance measurements that are
at Parity with the standards and/or performance
measurements that Sprint uses and/or which are required by
law, regulatory agency, or by Sprint's own internal
procedures, whichever are the most rigorous.
6.2.3.5. Service levels shall comply, at a minimum, with State
Regulatory Commission requirements for number of rings to
answer, and disaster recovery options.
6.2.3.6. CLEC or its designated representatives may inspect any
Sprint owned or sub-contracted office, which provides DA
services, upon five (5) business days notice to Sprint.
6.2.3.7. Directory Assistance services provided by Sprint to
CLEC subscribers shall be branded in accordance with
Part B. Article 10 of this Agreement.
6.2.3.8. Sprint shall provide the following minimum Directory
Assistance capabilities to CLEC's subscribers:
6.2.3.8.1. A maximum of two subscriber listings and/or
addresses or Sprint Parity per CLEC subscriber
request.
6.2.3.8.2. Telephone number and address to CLEC
subscribers upon request, except for non-published/
unlisted numbers, in the same states where such
information is provided to Sprint subscribers.
6.2.3.8.3. Upon CLEC's request, call completion to the
requested number for local and intraLATA toll calls
shall be sent to the network specified by CLEC where
such call completion routing is technically
feasible. If fulfillment of such routing receive is
not technically feasible. Sprint shall
promptly notify CLEC if and when such routing
becomes feasible. Rating and billing
responsibility shall be agreed to by CLEC and
Sprint.
6.2.3.8.4. Populate the Directory Assistance database in
the same manner and in the same time frame as for
Sprint subscribers.
6.2.3.8.5. Any information provided by a Directory
Assistance Automatic Response Unit (ARU) shall be
repeated the same number of times for CLEC
subscribers as for Sprint's subscribers.
6.2.3.9. Sprint shall provide CLEC call detail records in a
mutually agreed format and manner.
6.3. Operator Services
6.3.1. Sprint shall provide for the routing of local operator
services calls (including but not limited to 0+, 0-) dialed
by CLEC subscribers directly to either the CLEC operator
service platform or Sprint operator service platform to the
extent Sprint's switch can perform this customized routing,
as specified by CLEC.
6.3.2. CLEC subscribers shall be provided the capability by Sprint
to dial the same telephone numbers to access CLEC operator
service that Sprint subscribers dial to access Sprint
operator service.
6.3.3. Should CLEC elect to resell Sprint Operator Services, Sprint
shall provide Operator Services to as described below.
6.3.3.1. Sprint agrees to provide CLEC subscribers the same
Operator Services available to Sprint subscribers.
Sprint shall make available its service enhancements
on a non-discriminatory basis.
6.3.3.2. Operator Services provided to CLEC subscribers
shall be branded in accordance with Part B. Article
10 of this Agreement.
6.3.3.3. Sprint shall provide the following minimum
Operator Service capabilities to CLEC subscribers:
6.3.3.3.1. Sprint shall complete 0- and 0- dialed
local calls.
6.3.3.3.2. Sprint shall complete 0- intraLATA toll
calls.
6.3.3.3.3. Sprint shall complete calls that are
billed to a 0- access calling card.
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6.3.3.3.4. Sprint shall complete person-to-person calls.
6.3.3.3.5. Sprint shall complete collect calls.
6.3.3.3.6. Sprint shall provide the capability for callers
to xxxx to a third party and complete such calls.
6.3.3.3.7. Sprint shall complete station-to-station calls.
6.3.3.3.8. Sprint shall process emergency calls.
6.3.3.3.9. Sprint shall process Busy Line Verify and Busy
Line Verify and Interrupt requests.
6.3.3.3.10. To the extent not prohibited by law or
regulation, Sprint shall process emergency call trace.
6.3.3.3.11. Sprint shall process operator-assisted directory
assistance calls.
6.3.3.3.12. Sprint shall provide basis rate quotes, subject
to Sprint's operator systems being capable to perform
unique rating for CLEC.
6.3.3.3.13. Sprint shall process time-and-charges requests,
at Parity with Sprint's own service offerings.
6.3.3.3.14. Sprint shall route 0-traffic directly to a
"live" operator team.
6.3.3.3.15. When requested by CLEC, Sprint shall provide
instant credit on operator services calls as provided to
Sprint subscribers or shall inform CLEC subscribers to
call an 800 number for CLEC subscriber service to request
a credit. Sprint shall provide one 800 number for
business subscribers and another for residential
subscribers.
6.3.3.3.16. Caller assistance for the disabled shall be
provided in the same manner as provided to Sprint
subscribers.
6.3.3.3.17. When available, Sprint shall provide operator-
assisted conference calling.
6.3.4. Operator Service shall provide CLEC's local usage rates when providing
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rate quote and time-and-charges services, and subject to the
provisions described herein.
6.3.5. Operator Service shall adhere to equal access requirements.
6.3.6. Sprint shall exercise the same level of fraud control in
providing Operator Service to CLEC that Sprint provides for
its own operator service.
6.3.7. Sprint shall query for Billed Number Screening restrictions
when handling Collect. Third Party, and Calling Card Calls,
both for station to station and person to person call types.
6.3.8. Sprint shall provide at an aggregate level for the operator
service center, service measurements and accounting reports
to CLEC at Parity with the service measurements and
accounting reports Sprint provides itself.
6.3.9. CLEC or its designated representatives may inspect any
Sprint owned or sub-contracted office, which provides
Operator Services, upon five (5) business days notice to
Sprint.
6.3.10. Sprint shall direct CLEC subscriber account and other
similar inquiries to the subscriber service center
designated by CLEC.
6.3.11. Sprint shall provide call records in accordance with Article
4 of this Attachment VIII.
6.3.12. Sprint shall accept and process overflow 911 traffic routed
from CLEC to the underlying platform used to provide
Operator Service where such overflow is performed by Sprint
for its subscribers.
6.3.13. Sprint shall engineer its BLV/BLVI facilities to accommodate
the anticipated volume of BLV/BLVI requests during the Busy
Hour. CLEC may, from time to time, provide its anticipated
volume of BLV/BLVI requests to Sprint. In those instances
when the BLV/BLVI systems and databases become unavailable,
Sprint shall promptly inform CLEC.
6.4. Directory Assistance and Listings Service Requests
6.4.1. These requirements pertain to Sprint's DA and Listings
Service Request process that enables CLEC to (a) submit
CLEC subscriber information for inclusion in Sprint
Directory Assistance and Directory Listings databases: (b)
submit CLEC subscriber information for inclusion in
published directories: and (c) provide CLEC subscriber
delivery address information to enable Sprint to fulfill
directory distribution obligations.
6.4.2. When implemented by the Parties, Sprint shall accept orders
on a real-time basis via electronic interface in accordance
with OBF Directory Service Request standards within three
(3) months of the effective date of this Agreement. In the
interim Sprint shall create a standard format and order
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process by which CLEC can place an order with a single point of
contact within Sprint.
6.4.3. Sprint will provide to CLEC the following Directory Listing Migration
Options valid under all access methods including but not limited to
Resale. UNEs and Facilities-Based:
6.4.3.1. Migrate with no Changes. Retain all white page listings for
the subscriber in both DA and DL. Transfer ownership and billing
for white page listings to CLEC.
6.4.3.2. Migrate with Additions. Retain all white page listings for
the subscriber in both DA and DL. Incorporate the specified
additional listings order. Transfer ownership and billing for the
white page listings to CLEC.
6.4.3.3. Migrate with Deletions. Retain all white page listings for
the subscriber in both DA and DL. Delete the specified listings
from the listing order. Transfer ownership and billing for the
white page listings to CLEC.
6.4.3.4. To ensure accurate order processing, Sprint or its directory
publisher shall provide to CLEC the following information, with
updates promptly upon changes:
6.4.3.4.1. A matrix of NXX to centlral office:
6.4.3.4.2. Geographical maps if available of Sprint service
area:
6.4.3.4.3. A description of calling areas covered by each
directory, including but not limited to maps of calling
areas and matrices depicting calling privileges within
and between calling areas:
6.4.3.4.4. Listing format rules:
6.4.3.4.5. Standard abbreviations acceptable for use in
listings and addresses:
6.4.3.4.6. Titles and designations: and
6.4.3.4.7. A list of all available directories and their
Business Office close dates
6.4.4. Based on changes submitted by CLEC Sprint shall update and
maintain
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directory assistance and directory listings data for CLEC
subscribers who:
6.4.4.1. Disconnect Service:
6.4.4.2. Change CLEC:
6.4.4.3. Install Service:
6.4.4.4. Change any service which affects DA information:
6.4.4.5. Specify Non-Solicitation: and
6.4.4.6. Are Non-Published, Non-Listed, or Listed.
6.4.5. Sprint shall not charge for storage of CLEC subscriber
information in the DA and DL systems.
6.4.6. CLEC shall not charge for storage of Sprint subscriber
information in the DA and DL systems.
6.5 Directory Listings General Requirements. CLEC acknowledges that many
directory functions including but not limited to yellow page listings,
enhanced white page listings, information pages, directory proofing, and
directory distribution are not performed by Sprint but rather are performed
by and are under the control of the directory publisher. CLEC acknowledges
that for a CLEC subscriber's name to appear in a directory, CLEC must
submit a Directory Service Request (DSR). Sprint shall use reasonable
efforts to assist CLEC in obtaining an agreement with the directory
publisher that treats CLEC at Parity with the publisher's treatment of
Sprint.
6.5.1. This (S) 6.5.1 pertains to listings requirements published in the
traditional white pages.
6.5.2. Sprint shall include in its master subscriber system database all
white pages listing information for CLEC subscribers in Sprint
territories where CLEC is providing local telephone exchange
services and has submitted a DSR.
6.5.3. Sprint agrees to include one basic White pages listing for each
CLEC customer located within the geographic scope of its White
Page directories, at no additional charge to CLEC. A basic White
Pages listing is defined as a customer name, address and either
the CLEC assigned number for a customer or the number for which
number portability is provided, but not both numbers. Basic White
Pages listings of CLEC customers will be interfiled with listings
of Sprint and other LEC customers.
6.5.4. CLEC agrees to provide CLEC customer listing information,
including without limitation directory distribution information,
to Sprint, at no
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charge. Sprint will provide CLEC with the appropriate format for
provision of CLEC customer listing information to Sprint. The parties
agree to adopt a mutually acceptable electronic format for the
provision of such information as soon as practicable. In the event OBF
adopts an industry-standard format for the provision of such
information, the parties agree to adopt such format.
6.5.5. Sprint agrees to provide White Pages database maintenance services to
CLEC. CLEC will be charged a Service Order entry fee upon submission
of Service Orders into Sprint's Service Order Entry (SOE) System,
which will include compensation for such database maintenance
services. Service Order entry fees apply when Service Orders
containing directory records are entered into Sprint's SOE System
initially, and when Service Orders are entered in order to process a
requested change to directory records.
6.5.6. CLEC customer listing information will be used solely for the
provision of directory services, including the sale of directory
advertising to CLEC customers.
6.5.7. In addition to a basic White Pages listing, Sprint will provide, at
the rates set forth in Attachment I of this Agreement, tariffed White
Pages listings (e.g.: additional, alternate, foreign and non-published
listings) for CLEC to offer for resale to CLEC's customers.
6.5.8. Sprint, or its directory publisher, agree to provide White Pages
distribution services to CLEC customers within Sprint's service
territory at no additional charge to CLEC. Sprint represents that the
quality, timeliness, and manner of such distribution services will be
at Parity with those provided to Sprint and to other CLEC customers.
6.5.9. Sprint agrees to include critical contact information pertaining to
CLEC in the "Information Pages" of those of its White Pages
directories containing information pages, provided that CLEC meets
criteria established by its directory publisher. Critical contact
information includes CLEC's business office number, repair number,
billing information number, and any other information required to
comply with applicable regulations, but not advertising or purely
promotional material. CLEC will not be charged for inclusion of its
critical contact information. The format, content and appearance of
CLEC's critical contact information will conform to applicable Sprint
directory publisher's guidelines and will be consistent with the
format, content and appearance of critical contact information
pertaining to all CLECs in a directory.
6.5.10. Sprint will accord CLEC customer listing information the same level of
confidentiality that Sprint accords its own proprietary customer
listing information. Sprint shall ensure that access to CLEC customer
proprietary
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listing information will be limited solely to those of Sprint and
Sprint's directory publisher's employees, agents and contractors
that are directly involved in the preparation of listings, the
production and distribution of directories, and the sale of
directory advertising. Sprint will advise its own employees, agents
and contractors and its directory publisher of the existence of
this confidentiality obligation and will take appropriate measures
to ensure their compliance with this obligation. Notwithstanding
any provision herein to the contrary, the furnishing of White Pages
proofs to a CLEC that contains customer listings of both Sprint and
CLEC will not be deemed a violation of this confidentially
provision.
6.5.11 Sprint will sell or license CLEC's customer listing information to
any third parties unless CLEC submits written requests that Sprint
refrain from doing so. Sprint and CLEC will work cooperatively to
share any payments for the sale or license of CLEC customer listing
information to third parties. Any payments due to CLEC for its
customer listing information will be net of administrative
expenses incurred by Sprint in providing such information to third
parties. The parties acknowledge that the release of CLEC's
customer listing to Sprint's directory publisher will not
constitute the sale or license of CLEC's customer listing
information causing any payment obligation to arise pursuant to
this (S) 6.5.11.
6.6 Other Directory Services. Sprint will exercise reasonable efforts to cause
its directory publisher to enter into a separate agreement with CLEC which
will address other directory services desired by CLEC as described in this
(S) 6.6. Both parties acknowledge that Sprint's directory publisher is not
a party to this Agreement and that the provisions contained in this (S)
6.6 are not binding upon Sprint's directory publisher.
6.6.1. Sprint's directory publisher will negotiate with CLEC concerning
the provision of a basic Yellow Pages listings to CLEC customers
located within the geographic scope of publisher's Yellow Pages
directories and distribution of Yellow Pages directories to CLEC
customers.
6.6.2. Directory advertising will be offered to CLEC customers on a
nondiscriminatory basis and subject to the same terms and
conditions that such advertising is offered to Sprint and other
CLEC customers. Directory advertising will be billed to CLEC
customers by directory publisher.
6.6.3. Directory publisher will use commercially reasonable efforts to
ensure that directory advertising purchased by customers who switch
their service to CLEC is maintained without interruption.
6.6.4. Information pages, in addition to any information page or portion
of an information page containing critical contact information as
described above in (S) 6.5.9 may be purchased from Sprint's
directory publisher, subject to applicable directory publisher
guidelines, criteria, and regulatory
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requirements.
6.6.5. Directory publisher maintains full authority as publisher over its
publishing policies, standards and practices, including decisions
regarding directory coverage area, directory issue period,
compilation, headings, covers, design, content or format of
directories, and directory advertising sales.
6.7 Directory Assistance Data. This section refers to the residential,
business, and government subscriber records used by Sprint to create and
maintain databases for the provision of live or automated operator
assisted Directory Assistance. Directory Assistance Data is information
that enables telephone exchange CLECs to swiftly and accurately respond to
requests for directory information, including, but not limited to name,
address and phone numbers. Under the provisions of the Act and the FCC's
Interconnection order, Sprint shall provide unbundled and non-dis-
criminatory access to the residential, business and government subscriber
records used by Sprint to create and maintain databases for the provision
of live or automated operator assisted Directory Assistance. This access
shall be provided under separate contract.
6.8 Systems Interfaces and Exchanges
6.8.1. Directory Assistance Data Information Exchanges and Interfaces
6.8.1.1. Subscriber List Information
6.8.1.1.1 Sprint shall provide to CLEC, within sixty
(60) days after the Approval Date of this
Agreement, or at CLEC's request, all published
Subscriber List Information (including such
information that resides in Sprint's master
subscriber system/accounts master file for the
purpose of publishing directories in any format as
specified by the Act) via an electronic data
transfer medium and in a mutually agreed to format,
on the same terms and conditions and at the same
rates that the Sprint provides Subscriber List
Information to itself or to other third parties.
All changes to the Subscriber List Information
shall be provided to CLEC pursuant to a mutually
agreed format and schedule. Both the initial List
and all subsequent Lists shall indicate for each
subscriber whether the subscriber is classified as
residence or business class of service.
6.8.1.1.2. Clec shall provide directory listings to
Sprint pursuant to the directory listing and
delivery requirements in the approved OBF format,
at a mutually agreed upon timeframe. Other formats
and requirements shall not be
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used unless mutually agreed to by the parties.
6.9 Listing Types
LISTED The listing information is available for all directory
requirements.
NON-LISTED The listing information is available to all directory
requirements, but the information does not appear in
the published street directory.
NON-PUBLISHED A directory service may confirm, by name and address,
the presence of a listing, but the telephone number is
not available. The listing information is not available
in either the published directory or directory
assistance.
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ATTACHMENT VIII
REPORTING STANDARDS
1. GENERAL
1.1. Sprint shall satisfy all service standards, intervals, measurements,
specifications, performance requirements, technical requirements, and
performance standards (Performance Standards) that are specified in
this agreement or are required by law or regulation. In addition,
Sprint's performance under this Agreement shall be provided to CLEC
will be at Parity with the performance Sprint provides itself for like
service(s).
1.2. Sprint and CLEC agree that all financial remedies available to end-
user and access customers for same or like services will be offered to
CLEC. At such time that state or federal commission-approved
credits/financial remedies are put in place between Sprint and any of
its CLEC customers. Sprint would renegotiate this arrangement where
such arrangements exist.
2. PARITY AND QUALITY MEASUREMENTS
2.1. Sprint will develop self-reporting capabilities comparing Sprint
results with CLEC results for the following measures of service parity
within six (6) months, but no later than December 31, 1998, of the
Effective Date:
2.1.1. Percentage of Commitment Times Met - Service Order.
2.1.2. Percentage of Commitment Times Met - Trouble Report.
2.1.3. Trouble Reports per 100 Access Lines (Resale only)
2.1.4. Recent Repeated Trouble Reports
2.1.5. Average Receive to Clear
2.1.6. Percentage of Installed Orders without Repair in the first
five (5) days
2.2. In the event CLEC chooses to utilize the Sprint operator service
platform the following measures will be implemented within six (6)
months of the date of first use by CLEC:
2.2.1. Average Toll Answer Time; and
2.2.2. Average Directory Assistance Answer Time.
2.3. All above measures will be implemented in a manner that is consistent
with the current measures Sprint makes of its own performance
99
