Exhibit 10.33
INTERCONNECTION AGREEMENT
BETWEEN DELTACOM, INC. AND BELLSOUTH
TELECOMMUNICATIONS, INC.
TABLE OF CONTENTS
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PAGE
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I. RECITALS AND PRINCIPLES................................................ 1
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II. SCOPE OF THE AGREEMENT................................................. 2
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III. DEFINITIONS............................................................ 2
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IV. ACCESS TO UNBUNDLED NETWORK ELEMENTS................................... 2
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A. General Requirements............................................... 3
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B. Interconnection with Network Elements.............................. 3
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C. Order Processing................................................... 6
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D. Conversion of Exchange Service to Network Elements................. 8
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E. Service Quality.................................................... 9
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F. Network Information Exchange...................................... 10
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G. Maintenance and Trouble Resolution................................ 10
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H. Billing for Network Elements...................................... 12
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I. Addition of Network Elements...................................... 13
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V. LOCAL TRAFFIC INTERCONNECTION ARRANGEMENTS............................ 13
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A. Types of Local Traffic to Be Exchanged............................ 13
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B. Designated Points of Interconnection.............................. 14
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C. Facilities for Local Interconnection.............................. 16
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D. Trunking and Signaling............................................ 17
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E. Network Management................................................ 21
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F. Local Number Assignment........................................... 23
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G. Cross-Connection to Other Collocators............................. 23
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VI. LOCAL TRAFFIC EXCHANGE................................................ 24
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A. Exchange of Traffic............................................... 24
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B. Compensation...................................................... 24
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C. Transitted Traffic................................................ 24
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VII. MEET-POINT BILLING ARRANGEMENTS....................................... 25
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A. Applicability of OBF Guidelines................................... 25
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B. Meet-Point Interconnection........................................ 26
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C. Tariffs........................................................... 27
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D. Billing and Data Exchange......................................... 27
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E. Toll Free IXC Traffic............................................. 29
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F. MPB Billing Percentages........................................... 29
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G. Special Arrangements.............................................. 29
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VIII. TOLL TRAFFIC INTERCONNECTION.......................................... 30
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TABLE OF CONTENTS (cont'd)
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IX. NUMBER RESOURCE ARRANGEMENTS.......................................... 31
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X. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY................... 33
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XI. ANCILLARY SERVICES AND PLATFORM ARRANGEMENTS.......................... 34
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A. 8OO Traffic....................................................... 34
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B. 911/E-911......................................................... 35
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C. Provision of Operator Services.................................... 37
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D. Transfer of Service Announcements................................. 37
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E. Coordinated Repair Calls.......................................... 38
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F. Busy Line Verification and Interrupt.............................. 38
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F.1 Description................................................ 38
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F.2 Compensation............................................... 39
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G. Directory Assistance (DA)......................................... 39
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G.1 Description................................................ 39
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G.2 Compensation............................................... 39
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H. Directory Listings and Directory Distribution..................... 39
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I. Access to Signaling and Signaling Databases....................... 40
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XII. TELEPHONE NUMBER PORTABILITY ARRANGEMENTS............................. 41
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XIII. DISCONNECTION OF CUSTOMERS............................................ 45
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XIV. RESALE OF BELLSOUTH LOCAL EXCHANGE SERVICES........................... 45
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XV. RESPONSIBILITIES OF THE PARTIES....................................... 46
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XVI. NETWORK DESIGN AND MANAGEMENT......................................... 47
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XVII. TERM.................................................................. 48
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XVIII. IMPLEMENTATION OF AGREEMENT........................................... 50
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XIX. UNIVERSAL SERVICE..................................................... 50
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XX. FORCE MAJEURE......................................................... 50
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XXI. LIABILITY AND INDEMNIFICATION......................................... 50
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XXII. MOST FAVORABLE PROVISIONS............................................. 53
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XXIII. DEFAULT............................................................... 56
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TABLE OF CONTENTS (cont'd)
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XXIV. NONDISCLOSURE......................................................... 57
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XXV. ARBITRATION........................................................... 58
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XXVI. WAIVERS............................................................... 59
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XXVII. GOVERNING LAW......................................................... 59
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XXVIII.ARM'S LENGTH NEGOTIATIONS............................................. 59
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XXIX. NOTICES............................................................... 60
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XXX. ENTIRE AGREEMENT...................................................... 60
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ATTACHMENT A (RESERVED FOR FUTURE USE)....................................... 61
ATTACHMENT B (Definitions).................................................... 1
ATTACHMENT C-1 (Collocation Rates)........................................... 15
ATTACHMENT C-2 (Unbundled Exchange Access Loops)............................. 20
ATTACHMENT C-3 (Loop Channelization)......................................... 23
ATTACHMENT C-4(Unbundled Exchange Ports)..................................... 24
ATTACHMENT C-5 (Signalling Rates)............................................ 27
ATTACHMENT C-6 (LIDB Storage)................................................ 28
ATTACHMENT C-7 (LIDB Validation).............................................. 7
ATTACHMENT C-8 (Directory Listings)........................................... 8
ATTACHMENT C-9 (911 Access)................................................... 9
ATTACHMENT C-10 (Operator Call Processing Access Service).................... 10
ATTACHMENT C-11 (Directory Assistance Access Service)........................ 11
ATTACHMENT C-12 (CMDS Hosting)............................................... 14
ATTACHMENT C-13 (Non-Sent Paid Report System).................................3
TABLE OF CONTENTS (cont'd)
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ATTACHMENT D (SPNP-RCF Interim Rates)......................................... 4
ATTACHMENT E (SPNP-DID Interim Rates)......................................... 6
ATTACHMENT F (Blanket Agency Agreement)....................................... 8
INTERCONNECTION AGREEMENT
BETWEEN DELTACOM AND BELLSOUTH TELECOMMUNICATIONS
Pursuant to this Interconnection Agreement (Agreement), DeltaCom, Inc.
(collectively "DeltaCom"), and BellSouth Telecommunications, Inc. (collectively,
"BellSouth") (collectively, "the Parties") agree to extend certain
interconnection arrangements to one another within each LATA in which they both
operate. This Agreement is an integrated package that reflects a balancing of
interests critical to the Parties and is not inconsistent with Sections 251, 252
and 271 of the Telecommunications Act of 1996. The Agreement represents a
negotiated compromise and is entered without prejudice to any positions which
either party has taken, or may take in the future, before any legislative,
regulatory, judicial or other governmental body.
I. RECITALS AND PRINCIPLES
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WHEREAS, BellSouth is an incumbent local exchange telecommunications
company (ILEC) authorized to provide telecommunications services in the states
of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina,
South Carolina and Tennessee; and
WHEREAS, DeltaCom is a competitive local exchange telecommunications
company (CLEC) which is authorized or plans to become authorized to provide
local telecommunications services in Alabama, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina and Tennessee; and
WHEREAS, the interconnection and interoperability of the Parties'
respective local networks is required to facilitate the introduction of local
exchange service competition and fulfill the objectives of the
Telecommunications Act of 1996 (Telecommunications Act); and
WHEREAS, universal connectivity and interoperability between competing
telecommunications carriers is necessary for the termination of traffic on each
carrier's network; and
WHEREAS, the Parties intend that BellSouth should unbundle certain basic
network elements and make them available for purchase by DeltaCom; and
WHEREAS, the Parties agree that this Agreement shall be filed with the
appropriate state commissions in compliance with Section 252 of the
Telecommunications Act;
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NOW, THEREFORE, in consideration of the mutual provisions contained
herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, DeltaCom and BellSouth hereby covenant and agree
as follows:
II. SCOPE OF THE AGREEMENT
----------------------
This Agreement will govern the interconnection arrangements between the
Parties to facilitate the interconnection of their facilities and the connection
of local and interexchange traffic initially in the states of Alabama, Florida,
Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and
Tennessee. This agreement will further govern the unbundling of BellSouth
network elements in the same states.
III. DEFINITIONS
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The definitions contained in Attachment B are intended to define and
govern how the technical terms included therein are used in this Agreement.
However, except as provided herein, the inclusion or exclusion of any particular
definition is not intended by either party to limit, or to define technical
interface, reliability, performance or throughput parameters for the network
elements that both Parties expect to interconnect and interoperate.
The minimum performance, reliability, throughput and operational
characteristic of elements identified herein, as well as physical and logical
interface standards utilized, unless otherwise specifically provided herein, are
according to generally accepted industry standards as defined by the ITU
(ISO/CCITT), ANSI, or the Network Management Forum, whichever is more specific.
Where standards are not yet fully defined, the Parties agree to take reasonable
steps to insure that interface designs are modularized and retrofittable to any
pending standard at the least cost to the interconnecting Parties.
IV. ACCESS TO UNBUNDLED NETWORK ELEMENTS
------------------------------------
BellSouth shall unbundle Network Elements used in the provision of a
telecommunications service and offer them for resale to DeltaCom as provided
hereafter. DeltaCom shall be entitled to request, and BellSouth shall provide,
access to any such unbundled Network Element(s). BellSouth shall unbundle and
separately price and offer those elements such that DeltaCom will be able to
lease and interconnect to whichever of these unbundled Network Elements DeltaCom
requires, and combine the BellSouth-provided Network Elements with any
facilities and services that DeltaCom may itself provide or obtain from other
telecommunications
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carriers, in order to offer telecommunications services to other
telecommunications carriers and end users. Such Network Elements shall be
offered as provided hereafter.
A. General Requirements
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A.1 The Parties hereto mutually understand and agree that the array of
Network Elements is steadily evolving and expanding. The initial
set of Network Elements and attendant services to be made
available by BellSouth hereunder is included as Attachment C
hereto. Network Elements will be provided subject to the rules,
terms and conditions expressed in this Article and in Attachment
C. It is understood, however, that either Party may add Network
elements to the listing contained in Attachment C as the BellSouth
network changes or additional Network Elements are identified. It
is especially acknowledged, without limitation, that the list of
Network Elements may be expanded by either Party to include
Network Elements identified in relevant FCC or state commission
regulations or orders, or made available by BellSouth to other
telecommunications carriers pursuant to other interconnection
agreements. The addition or inclusion of additional Network
Elements shall be made in accordance with subsection IV.I hereof.
A.2 Without limitation, BellSouth agrees to provide DeltaCom access to
all Network Elements identified in Attachment C hereto. Wherever
technically feasible, interconnection shall be offered at both the
line and trunk side of each discrete Network Element. It is agreed
that interconnection will be made available by BellSouth to
DeltaCom at any technically feasible point. BellSouth must
implement physical and logical interconnection points consistent
with generally accepted industry standards.
A.3 The initial pricing of the initial unbundled Network Elements
shall be as set forth in Attachment C, except that initial pricing
of unbundled loops, switch ports and other network elements will
be established through state commission arbitration as provided in
Article XXV hereof and Attachment C hereto. The initial pricing
may be revised by mutual agreement or at DeltaCom's election
pursuant to Article XXII hereof.
A.4 It is agreed that DeltaCom may combine network elements purchased
hereunder as required to provide any local, toll or access
service. If DeltaCom recombines network elements to mirror
existing retail service, as defined by the applicable state
commission, the resale rate shall apply.
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B. Interconnection with Network Elements
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B.1 Interconnection shall be achieved via collocation arrangements DeltaCom
shall maintain at a BellSouth wire center or other BellSouth network
point.
B.2 At DeltaCom's discretion, each unbundled loop or port element shall be
delivered to the DeltaCom collocation arrangement over an individual 2-
wire hand-off, in multiples of 24 over a digital DS-1 hand-off in any
combination or order DeltaCom may specify, in multiples of 672 over a
digital DS-3 hand-off in any combination or order DeltaCom may specify,
or through other technically feasible and economically comparable hand-
off arrangements requested by DeltaCom (e.g., SONET STS-1 hand-off).
Economically comparable as used in this section refers to an
economically comparable effect upon DeltaCom and is not meant to ensure
an equivalent revenue stream or contribution level to BellSouth.
B.3 BellSouth will permit DeltaCom to collocate DLC systems in conjunction
with collocation arrangements DeltaCom maintains at a BellSouth wire
center, for the purpose of interconnecting to unbundled loop elements.
DeltaCom will have the option of purchasing BellSouth unbundled
transport (at any transmission level) between placed equipment and the
DeltaCom network.
B.4 DeltaCom shall access BellSouth's unbundled loops via collocation at
the BellSouth wire center where those elements exist. Each loop or port
shall be delivered to DeltaCom's collocation by means of a cross
connection.
B.5 BellSouth shall provide DeltaCom access to its unbundled loops at each
of BellSouth's Wire Centers. In addition, if DeltaCom requests one or
more loops serviced by Integrated Digital Loop Carrier or Remote
Switching technology deployed as a loop concentrator, BellSouth shall,
where available, move the requested loop(s) to a spare, existing
physical loop at no charge to DeltaCom. If, however, no spare physical
loop is available, BellSouth shall within seventy-two (72) hours of
DeltaCom's request notify DeltaCom of the lack of available facilities.
DeltaCom may then, at its discretion, make a network element request
for BellSouth to provide the unbundled loop through the demultiplexing
of the integrated digitized
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loop(s). Special constructions may apply in this situation. DeltaCom
may also make a network element request for access to unbundled loops
at the loop concentration site point. Attachment D hereto shall not
apply to unbundled loops provided pursuant to this subsection.
B.6 Where BellSouth utilizes digital loop carrier (DLC) technology to
provision the loop element of an unbundled exchange service to an end
user customer who subsequently determines to assign the loop element to
DeltaCom and receive Exchange Service from DeltaCom via such loop,
BellSouth shall deliver such loop to DeltaCom on an unintegrated basis,
pursuant to DeltaCom's chosen hand-off architecture, without a
degradation of end user service or feature availability as supported by
DeltaCom's chosen hand-off architecture.
B.7 Except as otherwise specified herein, all dedicated transport-based
features, functions, service attributes, grades-of-service, install,
maintenance, and repair intervals which apply to BellSouth's bundled
local exchange service shall apply to unbundled loops.
B.8 Except as otherwise specified herein, all switch-based features,
functions, service attributes, grades-of-service, and install,
maintenance, and repair intervals which apply to BellSouth's bundled
local exchange service shall apply to unbundled ports.
B.9 BellSouth will permit any customer to convert its bundled local service
to an unbundled element or service and assign such unbundled element or
service to DeltaCom with no penalties, rollover, termination or
conversion charges to DeltaCom or the customer, except as speciffically
provided in Attachment C-2 hereto or pursuant to the terms of a
specific customer service agreement, if BellSouth waives like charges
and penalties for any other telecommunications carrier (unless
superceded by government action).
B.10 BellSouth will permit DeltaCom to collocate remote switching modules
and associated equipment in conjunction with collocation arrangements
DeltaCom maintains at a BellSouth wire center, for the purpose of
interconnecting to unbundled loop or link elements.
B.11 When available to any other telecommunications carrier or other
customer, BellSouth shall provide DeltaCom with an appropriate on-line
electronic file transfer arrangement by which DeltaCom may place,
verify, and receive
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confirmation on orders for unbundled elements, and issue and track
trouble-ticket and repair requests associated with unbundled elements.
In the interim, batch file arrangements specified in BellSouth's
current Facilities Based Carrier Operating Guide (FBOG) shall apply.
EXACT electronic interface is the preferred method by which to order
unbundled elements. BellSouth shall provide DeltaCom with the ability
to order any defined network element using OBF or other mutually agreed
upon ordering/provisioning codes.
B.12 It is expressly agreed that interconnection will be afforded equally
regardless of the transmission medium selected by the interconnector,
i.e., digital or analog loops, conditioned circuits, ISDN, SONET, etc.,
so that networks and applications can evolve unencumbered by the
available degree of interconnectivity when such elements are available.
B.13 Wherever technically possible, it is expressly agreed and understood
that BellSouth will provide interconnection on both the line side and
trunk side of each unbundled Network Element. Where interconnection is
ordered to the line side of a Network Element, interconnection shall be
on a hard-wired (not software driven) basis.
B.14 The Parties shall attempt in good faith to mutually devise and
implement a means to extend the unbundled loop sufficient to enable
DeltaCom to use a collocation arrangement at one BellSouth location per
LATA (e.g., tandem switch) to obtain access to the unbundled loop(s) at
another such BellSouth location over BellSouth facilities.
B.15.BellSouth shall develop a process to identify the carrier for each
unbundled loop and establish automated intercompany referral and/or
call hand-off processes for an additional charge. In addition,
BellSouth will not in any way hinder DeltaCom from deploying modern DLC
equipment (TR303) throughout DeltaCom's portion of the unbundled
loop/transport network.
C. Order Processing
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C.1 DeltaCom shall place orders for unbundled loops (and other network
elements) through completion and submission of a service request
specified in the FBOG.
C.2 Order processing for unbundled loops will be fully mechanized.
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C.3 Particular combinations of elements, hereafter referred to as
combinations, identified and described by DeltaCom can be ordered and
provisioned as combinations, and not require the enumeration of each
element within that combination in each provisioning order, consistent
with OBF or other mutually agreed upon procedures.
C.4 Appropriate ordering/provisioning codes will be established for each
identified combination, consistent with OBF or other mutually agreed
upon procedures.
C.5 When combinations are ordered where the elements are currently
interconnected and functional, those elements will remain
interconnected and functional (except for the integrated SLC).
C.6 When available, BellSouth will provide DeltaCom with the ability to
have the BellSouth end office AIN triggers initiated via a service
order from DeltaCom.
C.7 DeltaCom and BellSouth will negotiate in good faith to create a
mutually acceptable standard service order/disconnect order format,
consistent with OBF or other mutually agreed upon procedures.
C.8 BellSouth shall exercise best efforts to provide DeltaCom with the
"real time" ability to schedule installation appointments with the
customer on-line and access to BellSouth's schedule availability
beginning in the second calendar quarter of 1997. In the interim,
BellSouth will make best effort to install unbundled loops and other
network elements by the Customer Desired Due Date (CDDD) where
facilities permit. Service requests wiith shorter intervals than normal
interals or those that require out-of-hours provisioning may be
subject to additional charges.
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C.9 When available to any other telecommunications carrier or other
customer, BellSouth shall provide "real time" response for firm order
confirmation, due date availability/scheduling, dispatch required or
not, identify line option availability by Local Service Office (LSO)
(such as digital copper, copper analog, ISDN), completion with all
service order and time and cost related fees, rejections/errors on
service order data element(s), jeopardies against the due date, missed
appointments, additional order charges (construction charges), order
status, validate street address detail, and electronic notification of
the local line options that were provisioned. This applies to all types
of service orders and all network elements.
C.10 BellSouth will provide to DeltaCom escalation procedures for ordering
and provisioning. If an expedite is requested by DeltaCom on the
customer's behalf, normal expedite charges shall apply.
D. Conversion of Exchange Service to Network Elements
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D.1 Installation intervals for service established via Unbundled loops will
be handled in the same timeframe as BellSouth provides services to its
own customers, as measured from date of customer order to date of
customer delivery. BellSouth will make best effort to install unbundled
loops and other network elements by the Customer Desired Due Date
(CDDD) where facilities permit. Service requests with a shorter than
standard interval or those that require out-of-hours provisioning may
be subject to additional charges.
D.2 On each unbundled network element order in a wire center, DeltaCom and
BellSouth will agree on a cutover time at least 48 hours before that
cutover time. The cutover time will be defined as a 180 minutes window
within which both the DeltaCom and BellSouth personnel will make
telephone contact to complete the cutover.
D.3 Within the appointed 180 minutes cutover time, the DeltaCom contact will
call the BellSouth contact designated to perform cross-connection work
and when the BellSouth contact is reached in that interval, such work
will be promptly performed.
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D.4 If the DeltaCom contact fails to call or is not ready within the
appointed interval and if DeltaCom has not called to reschedule the
work at least eight (8) hours prior to the start of the interval,
BellSouth and DeltaCom will reschedule the work order.
D.5 If the BellSouth contact is not available or not ready at any time
during the 60 minute interval, DeltaCom and BellSouth will reschedule
D.6 The standard time expected from disconnection of a live Exchange
Service to the connection of the unbundled element to the DeltaCom
collocation arrangement is 15 minutes
D.7 If unusual or unexpected circumstances prolong or extend the time
required to accomplish the coordinated cut-over, the Party responsible
for such circumstances is responsible for the reasonable labor charges
of the other Party. Delays caused by the customer are the
responsibility of DeltaCom.
D.8 If DeltaCom has ordered Service Provider Number Portability (SPNP) as
part of an unbundled loop installation, BellSouth will coordinate
implementation of SPNP with the loop installation.
D.9 If BellSouth provides in practice shorter scheduling lead times and/or
cutover windows than those specified in this section for the same
services for other carrier, it will do the same for DeltaCom.
E. Service Quality
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E.1 At a minimum, the service quality of leased network elements should
match that of BellSouth's own elements and conform to all Bellcore and
ANSI requirements applicable to the type of service being provided. In
addition, BellSouth will provide maintenance services on network
elements purchased by DeltaCom which are timely, consistent and at
parity with that provided when such elements are used for its own
purposes.
E.2 Maintenance support shall be available 7 days a week, 24 hours a day.
Provisioning support shall be available at the same times at which
BellSouth installs its own bundled local exchange services.
E.3 Installation and service intervals shall be the same as when BellSouth
provisions such network elements for use by itself, its affiliates or
its own retail customers.
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E.4 In facility and power outage situations, BellSouth agrees to provide
network elements leased by DeltaCom the same priority for maintenance
and restoral as similar elements used by BellSouth for itself or its
affiliates.
E.5 The Parties agree that all interconnection arrangements and services
will at a minimum be subject to technical standards which are equal to
those that BellSouth affords to itself, any other LEC or other
telecommunications carrier. This must, at a minimum, include parity in:
. Port features
. Treatment during overflow/congestion conditions
. Equipment/interface protection
. Power redundancy
. Sufficient spare facilities to ensure provisioning, repair,
performance and availability
. Mediation functions
. Standard interfaces
F. Network Information Exchange
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F.1 BellSouth shall provide DeltaCom with information sufficient to
determine an end user's existing service and feature configurations.
F.2 BellSouth shall provide information to DeltaCom on a continuing basis
required to keep DeltaCom apprised of engineering changes associated
with BellSouth's network elements and its deployment of new
technologies.
F.3 BellSouth shall provide DeltaCom with a detailed description of the
criteria and procedures used for handling facility and power outages.
F.4 Where permitted by law, BellSouth will provide DeltaCom with electronic
(magnetic tape and/or diskette) and hard copies of its Master Street
Address Guide (MSAG), and any regular updates thereof.
F.5 BellSouth will provide DeltaCom with access to a listing and
description of all services and features available down to street
address detail, including: Type of Class 5 switch by CLLI, line
features availability by LSO, and
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service availability by LSO, as well as the data elements required by
BellSouth to provision all such services and features.
G. Maintenance and Trouble Resolution
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G.1 Where available to other telecommunication service providers,
Automated interfaces shall be provided into a centralized operations
support systems database for real time network monitoring to
proactively identify potential service degradation. Such systems must
monitor and report on the integrity of the BellSouth network, isolate
troubles and initiate repair operations, test individual unbundled
loops and generate maintenance and repair notices that impact any end
user's ability to complete calls. Ongoing maintenance practices on
unbundled loops shall equal the practices employed by BellSouth for
facilities used to provide retail services. BellSouth will use its best
efforts to ensure that the mean time to repair unbundled loops shall be
equivalent to the mean time to repair reported by BellSouth for its
retail customers.
G.2 Service centers shall be established by both Parties to handle service
issues, escalations, resolution of billing issues and other
administrative problems.
G.3 The Parties agree to establish a real time automated industry standard
electronic interface (EBI) to perform the following functions:
. Trouble Entry
. Obtain Trouble Report Status
. Obtain Estimated Time To Repair (ETTR) and ILEC Ticket Number
. Trouble Escalation
G.4 The Parties agree to adopt a process for the efficient management of
misdirected service calls.
G.5 BellSouth will provide DeltaCom with numbers for the appropriate repair
center until such time as a center is established to act as DeltaCom's
single point of contact for all maintenance functions which will
operate on a 24 hour a day, 7 days a week basis.
G.6 BellSouth will be responsible for all reported trouble and will perform
required test and/or maintenance until such trouble report is turned
back to DeltaCom.
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G.7 BellSouth's established maintenance escalation policy shall apply in
resolving maintenance trouble.
G.8 BellSouth shall perform Mechanized Loop Tests (Quick Test) at the
request of DeltaCom while DeltaCom is on line.
G.9 BellSouth shall provide progress status reports sufficient to enable
DeltaCom to provide end user customers with detailed information and an
estimated time to repair (ETTR).
G.10 BellSouth will close all trouble reports with DeltaCom. DeltaCom will
close all trouble reports with the end user.
G.11 BellSouth will not undertake any work at an end user's request for
which DeltaCom would be charged without obtaining the prior approval of
DeltaCom. This includes authorizations by DeltaCom if a dispatch is
required to the customer premises as well as verification of actual
work completed. DeltaCom will coordinate dispatches to the customer
premises. This includes dispatches for customer not-at-home.
G.12 All Auto/Subscriber Line Tests (ALIT/SLIT) tests performed on DeltaCom
customers that result in a failure will be reported to DeltaCom.
G.13 BellSouth will ensure that all applicable alarm systems that support
DeltaCom customers are operational and the supporting databases are
accurate so that equipment that is in alarm will be properly
identified. BellSouth will respond to DeltaCom customer alarms
consistent with how and when they respond to alarms for their own
customers.
G.14 Nondiscriminatory emergency restoration and disaster recovery plans
will be developed consistent with TSR essential line procedures. The
plans should outline methods for the restoration of each central office
in the local network provider territory as well as contain site
specific restoration alternatives which can be implemented based on the
magnitude of the disaster. Each plan should incorporate at a minimum
the following elements:
a. A BellSouth single point of contact which shall be:
- Responsible for notification of the DeltaCom work center
- Responsible for the initiation of BellSouth's restoration plan
- Responsible for status and problem resolution during the entire
restoration process
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b. A restoration equipment dispatch plan which will establish a:
- Documented procedure on how equipment will be dispatched to the
restoration site
- Estimated maximum time for the restoration equipment to arrive on
site
c. Prior notification of any scheduled maintenance activity performed by
the local supplier that may be service affecting to DeltaCom local
customers (i.e., cable throws, power tests, etc.).
H. Billing for Network Elements
----------------------------
H.1 BellSouth will xxxx all unbundled elements and associated services
purchased by DeltaCom (either directly or by previous assignment by a
customer) on no more than two (2) consolidated statements per Point of
Interconnection (POI) with sufficient billing detail to enable DeltaCom
to reasonably audit such charges.
H.2 Invoices must be presented monthly in a Carrier Access Billing Systems
(CABS) and/or Customer Record Information System (XXXX) format in order
to facilitate standard industry auditing practices. DeltaCom and
BellSouth will agree on the flow and format of CARE records for correct
provisioning and billing to IXCs.
I. Addition of Network Elements
----------------------------
DeltaCom may request that BellSouth allow purchase and interconnection of
additional Network Elements at any time by making a demand in writing
including a proposed revised Attachment C. BellSouth will respond in writing
within thirty (30) days of receipt of such a request, and either accept or
reject the service request. BellSouth may not refuse to make the requested
Network Element available if its availability is required by FCC or state
commission requirements, the Network Element is provided to any other
telecommunications carrier, or interconnection is technically feasible and
failure to obtain access to such Network Element might impair the ability of
DeltaCom to provide telecommunications services. Pricing of such additional
elements shall be provided within forty-five (45) days of receipt of the
request for service, and shall be in accordance with the requirements of 47
U.S.C. (S)252(d)(1). Actual interconnection and provision of service shall
be provided within ninety (90) days of receipt of the service request.
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V. LOCAL TRAFFIC INTERCONNECTION ARRANGEMENTS
------------------------------------------
A. Types of Local Traffic to Be Exchanged
--------------------------------------
The Parties agree to provide the necessary facilities and equipment to
allow for the exchange of the following types of traffic between
BellSouth and DeltaCom:
A.1 Local Exchange: Local traffic to be terminated on each party's
local network so that customers of either party have the ability
to reach customers of the other party without the use of access
codes.
A.2 Exchange Access: The offering of access to telephone exchange
services or facilities-based origination and termination of
intraLATA or interLATA toll services.
A.3 IXC Transit: BellSouth shall provide intermediary network access
service between DeltaCom and any IXC for the purpose of completing
interLATA or intraLATA toll traffic.
A.4 Other Transit Functions: BellSouth shall provide intermediary
tandem switching and transport services for DeltaCom's connection
of its end user to a local end user of other CLECs, other ILECs,
and wireless telecommunications providers.
A.5 Intelligent Network and Network Surveillance: BellSouth shall
provide open logical interconnection points to AIN/IN interface in
their network based on the agreements reached at the IILC Issue
026. BellSouth must also provide access to monitoring,
surveillance and other fraud control functions in its network.
A.6 Other Services: BellSouth shall provide connection and call
routing for 911, directory assistance, and operator assistance
services.
B. Designated Points of Interconnection
------------------------------------
The Parties shall designate Points of Interconnection (POIs) on each
other's networks. DeltaCom shall at a minimum designate a POI at each
BellSouth access tandem serving the local calling area of the exchanges
being served by DeltaCom. DeltaCom may designate additional POIs within
a BellSouth local calling area and BellSouth will not unreasonably
refuse to interconnect at each such designated POI.
14
BellSouth may designate a POI at one or more of DeltaCom's local switching
centers within each LATA in which DeltaCom is providing local service. If no
DeltaCom local switching center is located within such LATA, the Parties will
arrange a POI at a mutually agreed point within such LATA. DeltaCom will not
unreasonably refuse to interconnect at a POI designated by BellSouth.
B.1 Interconnection will be available at any technically feasible point that is
used in the transmission of voice, data or other types of traffic.
B.2 Reciprocal connectivity shall be established at each and every BellSouth
access tandem within the local calling area DeltaCom desires to serve for
interconnection to those end offices that subtend the access tandem. At its
discretion, DeltaCom may elect to interconnect directly at any BellSouth
end offices for interconnection to end users served by that end office.
Such interconnecting facilities shall conform, at a minimum, to the
telecommunications industry standard of DS-1 pursuant to Xxxxxxxx Xxxxxxxx
Xx. XX-XXX-00000. Signal transfer point, Signaling System 7 (SS7)
connectivity is required at each interconnection point where available.
BellSouth will provide out-of-band signaling using Common Channel Signaling
Access Capability where technically and economically feasible, in
accordance with the technical specifications set forth in the BellSouth
Guidelines to Technical Publication, TR-TSV-000905. The Parties agree that
their facilities shall provide the necessary on-hook, off-hook answer and
disconnect supervision, and shall hand off calling party number ID where
technically feasible.
B.3 In accordance with Section V.C hereafter, collocation arrangements will be
established which are suitable for use in DeltaCom/BellSouth local
interconnection and DeltaCom access to unbundled BellSouth network
components. Allowable collocation equipment includes transmission and
concentrating equipment.
B.4 In accordance with Section V.D hereafter, the Parties agree to establish
trunk groups such that each Party provides a reciprocal of each trunk group
established by the other Party. The Parties agree to install efficient and
sufficient facilities to carry traffic (1) to route calls originating on
its network and terminating on the other carrier's network to its POI, and
(2) to route calls originating on the other local exchange carrier's
network, but terminating on its network from that carrier's POI, and will
work cooperatively to ensure such. Notwithstanding the foregoing, each
Party
15
may construct its network, including the interconnecting
facilities, to achieve optimum cost effectiveness and network
efficiency.
B.5 Each Party shall be responsible for routing calls to the POI for
termination via the other's facilities. Each Party shall bear its
own costs related to installation at the POI. DeltaCom may
establish POIs on the BellSouth network via a negotiated expanded
interconnection arrangement or via leased transport between the
DeltaCom network and the BellSouth access tandem. BellSouth may
establish POIs on the DeltaCom network via an expanded
interconnection arrangement at the DeltaCom local switching center
or via leased transport between an DeltaCom expanded interconnect
arrangement and an DeltaCom local switching center.
B.6 Either Party may use the POI for the interconnection of other types
of services, such as toll services, subject to the applicable rates
for such interconnection.
B.7 BellSouth may not impose any restrictions on traffic types
delivered to or from the POI(s). Notwithstanding the foregoing, the
Parties hereto agree that no interexchange access services traffic
will be exchanged as local traffic hereunder.
B.8 Once traffic is delivered to the POI, it is the terminating
carrier's responsibility to terminate the traffic to its end users.
Calls should be terminated using the same network, ensuring the
same quality of service, as the carrier provides its own customers.
B.9 Except as specifically provided for in Attachment C-1 hereto
neither Party will charge the other reconfiguration charges for new
installations at existing POIs.
B.10 BellSouth will absorb any applicable nonrecurring charges incurred
by DeltaCom as a result of network redesigns/reconfigurations
initiated by BellSouth to its own network.
C. Facilities for Local Interconnection
------------------------------------
C.1 The parties agree there are four appropriate methods of
interconnecting facilities: (1) virtual collocation where physical
collocation is not practical for technical reasons, because of
space limitations or at the option of the Party requesting
interconnection; (2) physical collocation;
16
(3) interconnection via purchase of facilities from either party by
the other party; and (4) mid fiber meet. Rates and charges for
collocation are set forth in Attachment C-1 hereto and applicable
provisions of BellSouth's access service tariffs.
C.2 Each Party hereto at its election shall have the sole right and
discretion to specify any one of the following methods for
interconnection at the POI:
a. a mid-fiber meet in a manhole or other appropriate junction point
inside, near to, or just outside the wire center designated as the
POI, in which case the Party requesting interconnection shall
additionally have the sole right and discretion to effect such meet
by leasing from a third party, fiber facilities into the POI mid-
fiber meet junction point (i.e., virtual collocation);
b. a collocation facility which it maintains at the other Party's POI
wire center (i.e., physical collocation);
c. a collocation facility maintained at the POI wire center by a third
party with whom the Party requesting interconnection has contracted
for such purpose; or
d. a digital transport facility(ies) leased from the other Party
hereto under the most favorable contract or tariff terms offered,
where such facility(ies) extends to the POI from some second point
designated by the Party requesting interconnection.
The Party requesting interconnection may, upon 60 days' advance written
notice to the other Party, change from one of the interconnection
methods specified above to another of the networks specified above. A
mutually acceptable third party contractor can be employed by the Party
making the change to implement such changes, in which case no
conversion or rollover charges will be assessed by the other party.
C.3 Existing DeltaCom special access collocation arrangements with
BellSouth shall be available for use by DeltaCom in the provision
of switched services hereunder at no additional charge to DeltaCom.
C.4 DeltaCom may at its option replace current virtual collocation
arrangements at any location with physical collocation
arrangements. The Parties agree that no termination penalties or
liabilities will apply to the termination of existing virtual
collocation arrangements. A mutually acceptable third party
17
contractor can be employed by the Party making the change to
implement such a replacement, in which case no conversion,
installation or non-recurring charges will be assessed by the other
Party.
D. Trunking and Signaling
----------------------
D.1 a. The Party receiving traffic for termination can elect to receive
the traffic in one of two ways: (a) over separate trunks for local
and non-local; or (b) on combined trunks; provided that separate
trunk groups shall be utilized where the delivering party is
unable to furnish an auditable percent local usage (PLU) factor to
the party receiving the traffic on a quarterly basis.
b. If direct end office trunking with combined trunks is used, the
Parties will work cooperatively to develop a procedure for
accurately determining the amount of interLATA access traffic for
proper application of switched access charges.
D.2 Trunking shall be available to any switching center designated by
either carrier: including end offices, access tandems, 911 routing
switches, directory assistance/operator services switches, or any
other feasible point in the network. The Parties shall have the
option for either one-way or two-way trunking. Directionality in
this case refers to the traffic flowing between two networks, not
to the logical or physical configuration of the trunk. All trunks
should be configured two way for testing purposes.
D.3 Trunking can be established to tandems or end offices or a
combination as mutually agreed. Normally, trunking will be at the
DS-1 level. On a trunk group specific basis, the Parties may agree
to establish trunking at higher (e.g., DS-3) levels. Initial
trunking will be established between the DeltaCom local switching
centers and the BellSouth access tandems. The Parties will utilize
direct end office trunking under the following conditions:
a. BellSouth tandem exhaust - If a BellSouth access tandem to which
DeltaCom is interconnected is unable to, or is forecasted to be
unable to, support additional traffic loads for any period of time,
the Parties will mutually agree on an end office trunking plan that
will alleviate the tandem capacity shortage and ensure completion
of traffic between DeltaCom and BellSouth subscribers.
18
b. Traffic volumes - The Parties shall install and retain direct end
office trunking sufficient to handle actual or reasonably forecast
traffic volumes, whichever is greater, between an DeltaCom local
switching center and a BellSouth and office where traffic between
such points exceeds or is forecast to exceed 125,000 minutes of
local traffic per month. The Parties will install additional
capacity between such points when overflow traffic between the
DeltaCom switching center and BellSouth access tandem exceeds or is
forecast to exceed 125,000 minutes of local traffic per month.
c. Mutual agreement - The Parties may install direct end office
trunking upon mutual agreement in the absence of conditions (a) or
(b) above and agreement will not unreasonably be withheld.
D.4 The Parties will provide Common Channel Signaling (CCS) information
to one another, where and as available, at no charge, in
conjunction with all POI trunk groups. The Parties will cooperate
in the exchange of Transaction Capabilities Application Part (TCAP)
messages to facilitate full inter-operability of CCS-based features
between their respective networks, including all CLASS features and
functions, to the extent each carrier offers such features and
functions to its own end users. All CCS signaling parameters will
be provided including calling party number (CPN), originating line
information (OLI) calling party category, charge number, etc. All
privacy indicators will be honored. Where available, network
signaling information such as Carrier Identification Parameter (CCS
platform), at the standard tariff rates, and CIC/OZZ information
(non-CCS environment) will be provided wherever such information is
needed for call routing or billing. The Parties will follow all
Ordering and Billing Forum (OBF) adopted standards pertaining to
CIC/OZZ codes. Where CCS is not available, in-band multi-frequency
(MF) wink start E&M channel associated signaling will be provided.
Such MF arrangements will require a separate trunk group between
DeltaCom's switch and one specified BellSouth switch.
D.5 DeltaCom shall establish CCS interconnection with BellSouth signal
transfer points (STPs) in each LATA, either directly or via an
intermediary STP provider. Where the interconnection is via B-link
connections, charges for the SS7 interconnection elements are as
follows: 1) Port Charge- BellSouth will not xxxx an STP port charge
nor will BellSouth agree to pay a port charge; 2) SS7 Network
Usage- BellSouth will xxxx SS7 Network Usage and will agree to pay
usage billed by DeltaCom (to the extent that a flat rate surrogate
charge is billed by DeltaCom, it will not exceed BellSouth's
19
charge); 3) SS7 Link- BellSouth will xxxx for only two Links of
each quad ordered. Application of these charges in this manner
reflects the reciprocal use of the two parties signaling networks.
Where the interconnection is via A-link connections, charges for
the SS7 interconnection elements are as follows: 1) Port Charge-
BellSouth will xxxx an STP port charge and does not agree to pay a
termination charge at DeltaCom's end office; 2) SS7 Network Usage-
BellSouth will xxxx for usage on its SS7 network and will not agree
to pay for any usage billed by DeltaCom; 3) Link- BellSouth will
xxxx full charges for each link in the A-link pair and will not
agree to pay DeltaCom for any portion of those links.
D.6 DeltaCom may opt at any time to terminate to BellSouth some or all
local exchange traffic and intraLATA toll traffic originating on
its network, together with switched access traffic, via Feature
Group A, B, C or D Switched Access services which DeltaCom may
otherwise purchase from BellSouth, subject to the rates, terms and
conditions specified in BellSouth's applicable switched access
tariffs. At no time shall DeltaCom be required to route outbound
traffic via facilities for which a full retail or end user toll
charge would be assessed when parallel FG-A, FG-B, FG-C, or FG-D
routing, or routing via a different carrier exists which is capable
of carrying and completing said traffic at more favorable rates.
D.7 The Parties will cooperate to jointly plan for the deployment of
intercompany 64 Kbps per second clear channel capability.
D.8 Service arrangements hereunder shall be engineered to an objective,
consistent P.01 or better grade of service at the peak busy hour.
D.9 The Parties shall periodically exchange technical descriptions and
trunk/traffic forecasts of their interconnection and traffic
requirements in sufficient detail to assure traffic completion to
and from all customers within the appropriate calling areas.
D.10 BellSouth shall deliver intraLATA traffic originating from its
subscribers and terminating to DeltaCom's subscribers via a
combined two-way trunk group using facilities leased from DeltaCom
on mutually agreeable terms.
D.11 BellSouth will provide interconnection to and from intelligent
network, signaling, monitoring, surveillance and fraud control
points.
20
D.12 BellSouth shall provide and implement all industry standard SS7
parameters as well as procedures that are defined in the ANSI
standards, even if today's services do not specifically require
these features. These functions shall include:
a. All functions of the ISUP, TCAP, SCCP, and MTP as specified in
relevant BellCore specifications.
b. All functions of the OMAP, including MTP Routing Verification Test
(MRVT) and SCCP Routing Verification Test (SRVT).
D.13 The Parties shall meet or exceed SS7 performance objectives as
described in Bellcore TR-905 section 7, and MTP and SCCP
performance as specified by ANSI.
D.14 Either Party shall have the option for Multi-Frequency (MF)
signaling, but only when either party does not have the technical
capability to provide SS7 facilities.
D.15 Other Signaling Requirements:
a. CIP shall be provided (CIC within the SS7 call set-up signaling
protocol) at tariffed charges.
b. All mandatory SS7 signaling parameters must be provided including
Calling Party Number (CPN). All privacy indicators must be honored.
E. Network Management
------------------
E.1 The Parties agree to work cooperatively to install and maintain
reliable interconnected telecommunications networks, including but
not limited to, the exchange of appropriate information concerning
network changes that affect services to the other Party,
maintenance contact numbers and escalation procedures.
E.2 The interconnection of all networks will be based upon accepted
industry/national guidelines for transmission standards and traffic
blocking criteria.
21
E.3 The Parties will work cooperatively to apply sound network
management principles by invoking appropriate network management
controls (e.g., call gapping) to alleviate or prevent network
congestion.
E.4 The Parties will cooperate to determine the performance of their
respective networks and will implement joint management controls to
further overall service integrity.
E.5 The Parties will jointly develop and agree on a Joint
Interconnection Grooming Plan prescribing standards to ensure that
traffic exchanged over the POI trunk groups experiences a
consistent P.01 or better grade of service peak busy hour, and
other appropriate, relevant industry-accepted quality, reliability
and availabilty standards. Such plan shall also include mutually
agreed upon standards for the configuration of segregated POI trunk
groups. In addition, the plan shall also include standards and
procedures for notification of trunk disconnections and
discoveries of trunk disconnections. Neither Party shall be
expected to maintain active status for a trunk disconnected by the
other Party for an extended or indefinite period of time. The
Parties will use their best collective good faith efforts to
complete and agree on a Joint Interconnection Grooming Plan within
90 days following execution of this agreement.
E.6 BellSouth will establish and adhere to competitive intervals for
the delivery of FOCs, DLRs and facilities. Such intervals need to
ensure that facilities are provisioned in time frames and according
to standards that meet or exceed those that BellSouth provides to
itself for its own network and end users. Intervals should not
exceed the Customer Designated Date (CDD).
E.7 Upon request, BellSouth will provide DeltaCom with read and write
access to the BellSouth maintenance and trouble report systems
including the following systems and/or functionality:
. Trouble reporting/dispatch capability - access must be real
time
. Repair status/confirmation; maintenance/trouble report
systems
. Planned/Unplanned outage reports
E.8 Each Party has the duty to alert the other to any network events
that can result or has resulted in service interruption, blocked
calls, or changes in network performance, on a real time basis.
22
E.9 BellSouth will adopt any multi-ILEC trouble management procedures
and escalation processes developed by the NOF.
E.10 The Parties will work cooperatively to plan and implement
coordinated repair procedures for the local interconnection trunks
and facilities to ensure trouble reports are resolved in a timely
and appropriate manner.
E.11 The Parties will provide each other with a trouble reporting number
that is readily accessible and available 24 hours a day, 7 days a
week. In addition, the Parties will provide each other test-line
numbers and access to test lines.
E.12 The quality of interconnection services should be no less than that
provided by BellSouth for its own services.
E.13 Installation and restoration of interconnection circuits by
BellSouth for DeltaCom will be given equal priority as is given by
BellSouth to similar services performed by BellSouth for any other
telecommunications carrier.
E.14 The time interval for installation of POIs by BellSouth will be
negotiated on an ICB basis, subject to an agreement that
installation of such POI's will be completed within a target of
sixty (60) calendar days.
E.15 Completion confirmation shall be provided to ensure that all
necessary translation work is completed on newly installed
facilities.
E.16 The Parties shall periodically exchange technical descriptions and
forecasts of their interconnection and traffic requirements in
sufficient detail to assure traffic completion to and from all
customers within the appropriate calling areas.
E.17 BellSouth will provide and update an electronic copy of their Switch
Network ID Database with a complete list of features and functions
by switch, NPA/NXXs, business/residence counts and identification,
rate centers, etc.
F. Local Number Assignment
-----------------------
DeltaCom will assign telephone numbers to its customers using at least one
NXX per BellSouth tariffed local exchange metropolitan area; provided, that
sufficient quantities of numbering resources are made available to
DeltaCom.
23
G. Cross-Connection to Other Collocators
-------------------------------------
Where one Party collocates in the wire center of the other Party, the
Party operating the wire center shall allow the Party collocated at
the wire center to directly interconnect to any other entity which
maintains a collocation facility at that same wire center. The Party
operating the wire center shall enable such interconnection by
effecting a cross-connection between those collocation facilities, as
jointly directed by the Party collocated at the wire center and the
other collocated entity. For each such cross-connection, the Party
operating the wire center shall charge one-half the otherwise
applicable standard tariff or contract special access cross-connect
rate to the collocated Party, and the identical rate to the other
collocated entity. No other charges shall apply for such cross-
connection.
VI. LOCAL TRAFFIC EXCHANGE
----------------------
A. Exchange of Traffic
-------------------
The Parties agree for the purpose of this Agreement only that local
interconnection is defined as the delivery of local traffic to be
terminated on each party's local network so that customers of either
party have the ability to reach customers of the other party, without
the use of any access code or delay in the processing of the call.
Local traffic for these purposes shall include any telephone call
that originates and terminates in the same LATA and is billed by the
originating exchange outside of BellSouth's service area with respect
to which BellSouth has a local interconnection arrangement with an
independent LEC, with which DeltaCom is not directly connected. The
Parties further agree that the exchange of traffic on BellSouth's
Extended Area Service (EAS) shall be considered local traffic and
compensation for the termination of such traffic shall be pursuant to
the terms of this section. EAS routes are those exchanges within an
exchange's Basic Local Calling Area, as defined in Section A3 of
BellSouth's General Subscriber Services Tariff.
B. Compensation
------------
With the exception of the local traffic specifically identified in
subsection (C) hereafter, each party agrees to terminate local
traffic originated and routed to it by the other party. The Parties
agree that BellSouth will track the usage for both companies for the
period of the Agreement. BellSouth will provide copies of such usage
reports to DeltaCom on a monthly basis. For purposes of this
Agreement, the Parties agree that there will be no cash compensation
exchanged by the parties
24
during the term of this Agreement unless the difference in minutes of
use for terminating local traffic exceeds 2 million minutes per state
on a monthly basis. In such an event, the Parties will thereafter
negotiate the specifics of a traffic exchange agreement which will
apply on a going-forward basis.
C. Transitted Traffic
------------------
If either party provides intermediary tandem switching and transport
services for the other party's connection of its end user to a local
end user of: (1) a CLEC other than DeltaCom; (2) an ILEC other than
BellSouth; or (3) another telecommunications company such as a
wireless telecommunications service provider, the party performing
the intermediary function will xxxx a $0.002 per minute charge.
However, BellSouth agrees that DeltaCom may cross-connect directly to
such third Parties at the POI. In such an event, tariffed cross-
connection non-recurring charges will apply, and no transitting
charge will apply.
VII. MEET-POINT BILLING ARRANGEMENTS
-------------------------------
Both Parties hereto provide interexchange access transport services to
IXCs and other access service customers. Pursuant to the terms of this
Agreement, and to the extent DeltaCom requires meet-point arrangements,
DeltaCom will interconnect at selected BellSouth switches of its choosing
for the purposes of providing certain Switched Access Services. On such
occasions, a portion of the access transport service will be provided by
each of the Parties hereto. This section establishes arrangements intended
to enable each of the Parties hereto to serve and xxxx their mutual
Switched Access Service customers, on an accurate and timely basis. The
arrangements discussed in this section apply to the provision of both
interLATA and intraLATA Switched Access Services. It is understood and
agreed that DeltaCom is not obligated to provide any of its Switched Access
Service(s) through any specific access tandem switch or access tandem
provider, and may at its sole discretion, with due notice to those
affected, modify its serving arrangements on its own initiative.
25
A. Applicability of OBF Guidelines
-------------------------------
Meet-point billing (MPB) arrangements shall be established between the
Parties to enable DeltaCom to provide, at its option, Switched Access
Services to third Parties via specified LEC switches, in accordance
with the Meet-Point Billing guidelines adopted by and contained in the
Ordering and Billing Forum's MECAB and MECOD documents, except as
modified herein. These arrangements are intended to be used to provide
Switched Access Service that originates and/or terminates on an
DeltaCom-provided Exchange Service, where the transport component of
the Switched Access Service is routed through specified BellSouth
switches.
B. Meet-Point Interconnection
--------------------------
B.1 The Parties shall establish MPB arrangements in each LATA
or locality where switched services are provided by DeltaCom,
between the correspondingly identified Rating Point/Switch
pairs. BellSouth shall provide homing/subtending access
tandem arrangements through the same (or a closely proximate)
switching entity used for access services to BellSouth's end
users. This does not foreclose the possibility that other
mutually agreeable arrangements may be utilized by mutual
agreement of the Parties where appropriate.
B.2 At DeltaCom's discretion, interconnection for the MPB
arrangement shall be established at the POI as described
hereafter, at a collocation facility maintained by DeltaCom
or an affiliate of DeltaCom at specified BellSouth switches,
or at any point mutually agreed to by the Parties, consistent
with the terms and conditions herein.
B.3 Two-way meet point trunks which are separate from the local
interconnection trunk groups will be established to enable
DeltaCom and BellSouth to provide Exchange Access Services to
IXCs via a BellSouth Central Office. No Party shall charge
the other any amount for any meet point facilities unless one
Party is ordering trunks from the other.
B.4 Common Channel Signaling (CCS) shall be utilized in
conjunction with meet-point billing arrangements to the
extent such signaling is technically compatible with and
economically reasonable to provide through the BellSouth
switch, except that MF signaling shall be used on a separate
trunk group for originating FGD access to Exchange Access
Customers that uses the MF FGD signaling protocol. The
Parties may establish CCIS interconnection either directly or
through a third party.
26
B.5 DeltaCom may establish CCS interconnections either directly
or through a third-party. The Parties will exchange TCAP
messages to facilitate full interoperability of CCIS-based
features between their respective networks, including all
CLASS features and functions to its own end users. The
Parties will provide all CCIS signaling, Billing Number,
originating line information (OLI) and any other such similar
service. For terminating FGD, BellSouth will pass CPN if it
receives CPN from FGD carriers. All privacy indicators will
be honored. Where available, network signaling information,
such as Transit Network Selection (TNS) parameter (CCIS
platform) and OZZ/CIC information (non-CCIS environment) will
be provided whenever such information is needed for call
routing or billing. The Parties will follow all OBF adopted
standards pertaining to TNS and OZZ/CIC codes.
B.6 All originating Toll Free Service calls for which BellSouth
performs the Service Switching Point (SSP) function (e.g.,
performs the database query) shall be delivered by DeltaCom
using GR-394 format over a trunk group designated for Toll
Free Service. Carrier Code "0110" and Circuit Code of "08"
shall be used for all such calls. In the event DeltaCom
becomes a toll free service provider, BellSouth shall deliver
traffic using the GR-394 format over a trunk group designated
for Toll Free Service.
B.7 All originating Toll Free Service calls for which DeltaCom
performs the SSP function, if delivered to BellSouth, shall
be delivered by DeltaCom using GR-394 format over the meet
point trunk group for calls destined to IXCs, or shall be
delivered by DeltaCom using GR-317 format over the Local
Interconnection Trunk Group for calls destined to end offices
that directly subtend BellSouth access tandems.
B.8 Originating Feature Group B calls shall be delivered to
BellSouth's tandem using the interLATA trunk groups.
C. Tariffs
-------
DeltaCom and BellSouth will use their best reasonable efforts,
individually and collectively, to maintain provisions in their
respective federal and state access tariffs sufficient to reflect this
MPB arrangement, including appropriate MPB percentages consistent with
applicable industry standard practice and in accordance with Section
VII.F hereafter.
27
D. Billing and Data Exchange
-------------------------
D.1 Each Party shall implement the "Multiple Xxxx/Multiple
Tariff" option in order to xxxx an IXC for the portion of the
jointly provided telecommunications service provided by that
Party. For all traffic carried over the MPB arrangement, each
Party shall only xxxx the rate elements identified for it in
this Agreement. For transport elements subject to billing
percentages, each Party shall utilize the billing percentages
discussed in Section III.C preceding and Section VII.F
hereafter. The actual rate values for each element shall be
the rates contained in that Party's own effective federal and
state access tariffs. The Parties shall utilize complementary
monthly billing periods for meet-point billing.
D.2 BellSouth may charge the IXC for use of the entrance
facility, the tandem switching and the mutually agreed
portion of non-interconnection transport charges. BellSouth
will not include an element for the Residual Interconnection
Charge (RIC) and DeltaCom will be entitled to xxxx and
collect the appropriate RIC and/or any other applicable rate
elements.
D.3 Each party will provide to the other access records
sufficient to enable billing to the IXCs. Records shall be
provided in the Exchange Message Record format, Bellcore
Standard BR 000-000-000, as amended.
D.4 BellSouth shall provide to DeltaCom the billing name, billing
address, and CIC of the IXCs and copies of relevant IXC
Access Service Requests (ASRs), in order to comply with the
MPB notification process as outlined in the MECAB document,
on an electronic medium basis using the EMR format.
D.5 BellSouth shall provide DeltaCom, on a daily basis, switched
access detail usage data (EMR Category 1101XX records) on
magnetic tape or via electronic file transfer using EMR
format, for calls from IXCs that have transitted BellSouth's
tandems and terminated to DeltaCom's switching center(s).
D.6 DeltaCom shall provide BellSouth, on a monthly basis,
switched access summary usage data (EMR Category 1150XX
records) on magnetic tape or via electronic file transfer
using EMR format, for calls to IXCs which originate at
DeltaCom's switching center(s).
28
D.7 The Parties will exchange test files to support the initial
implementation of the meet point billing processes provided
for in this Agreement. Exchange of test data will commence
one week after AMA certification begins. These data shall be
actual recorded usage records.
D.8 Each Party shall coordinate and exchange the billing
account reference (BAR) and billing account cross reference
(BACR) numbers for the MPB Service. Each Party shall notify
the other if the level of billing or other BAR/BACR elements
change, resulting in a new BAR/BACR number.
D.9 If access usage data is not processed and delivered by either
Party and sent to the other in a timely manner and in turn
such other Party is unable to xxxx the IXC, the delivering
Party will be held liable for the amount of lost billing.
D.10 Errors may be discovered by DeltaCom, the IXC or
BellSouth. Both BellSouth and DeltaCom agree to provide the
other Party with notification of any discovered errors within
seven (7) business days of the discovery. In the event of a
loss of data, both Parties shall cooperate to reconstruct the
lost data and if such reconstruction is not possible, shall
accept a reasonable estimate of the lost data based upon
three (3) to twelve (12) months of prior usage data.
D.11 The Parties shall not charge one another for the services
rendered or information provided pursuant to this Section VII
of this Agreement.
E. Toll Free IXC Traffic
---------------------
MPB will apply for all traffic bearing the 800, 888, or any other
non-geographic NPA which may be likewise designated for such traffic in
the future, where the responsible party is an IXC. In those situations
where the responsible party for such traffic is a LEC, full switched
access rates will apply.
F. MPB Billing Percentages
-----------------------
The MPB billing percentage for each DeltaCom Rating Point shall be
calculated according to the following formulas:
29
In any service jointly provided by BellSouth and DeltaCom for which
meet point billing arrangements are adopted, the meet point billing
percentages shall be based on the relative distances (i.e., airline
mileage) between the meet point and the two rating points as follows:
a b
DeltaCom percentage = ----- BellSouth percentage = -----
(a+b) (a+b)
where "a" is the airline mileage between the relevant DeltaCom rating
point (e.g., serving switch) and the meet point and "b" is the airline
mileage between the BellSouth rating point and the meet point.
G. Special Arrangements
--------------------
30
G.1 In a few instances, the involvement of yet a third
provider of switched access may be needed for
particular traffic. For purposes of customer
billing, when three or more LECs are involved in
the transmission of a particular message, the
intermediate carriers will have no rating point,
and the relevant mileage measurement is between the
two end points.
G.2 In the case of IXC traffic terminating to DeltaCom
ported numbers, the Parties will, unless IXC actual
minutes of use can be measured, account for access
revenue on a state-by-state basis by using
verifiable BellSouth/DeltaCom interstate and
intrastate minutes of use reported on the
applicable ARMIS report at the total IXC access
rates applicable to BellSouth less the
BellSouth/DeltaCom meet point access minutes at the
meet point billing access rates applicable to
BellSouth, with no other subtractions.
G.3 If either Party provides intermediary functions
for network access service connection between an
IXC and another Party, each Party will provide
their own network access services to the IXC on a
meet-point basis. The meet-point billing
arrangement will be through the multiple xxxx. Each
Party will xxxx its own network access services
rates to the IXC with the exception of the residual
interconnection charge. Each Party shall xxxx 50%
of its residual interconnection charges in such
case.
VIII. TOLL TRAFFIC INTERCONNECTION
----------------------------
A. The delivery of interexchange toll traffic by a Party to the
other Party shall be reciprocal and compensation will be
mutual. For terminating its toll traffic on the other Party's
network, each Party will pay the other Party's tariffed
terminating switched access rate, inclusive of the
interconnection charge and the carrier common line rate
elements of the switched access rate. The Parties agree that
their terminating switched rate shall be the rate in effect
when the traffic is terminated.
31
B. For originating and terminating interexchange toll traffic,
each Party shall pay the other Party's tariffed switched
network access service rate elements on a per minute of use
basis. Said rate elements shall be as set out in the Parties'
respective access services tariffs as those tariffs are
amended from time to time during the term of this Agreement.
The appropriate charges will be determined by the routing of
the call. If DeltaCom is the BellSouth end user's
presubscribed interexchange carrier or if the BellSouth end
user uses DeltaCom as an interexchange carrier on a 1OXXX
basis, BellSouth will charge DeltaCom the appropriate tariff
charges for originating network access services. If BellSouth
is serving as the DeltaCom end user's presubscribed
interexchange carrier or if the DeltaCom end user uses
BellSouth as an interexchange carrier on a 1OXXX basis,
DeltaCom will charge BellSouth the appropriate BellSouth
tariff charges for originating network access services.
IX. NUMBER RESOURCE ARRANGEMENTS
----------------------------
A. Nothing in this Agreement shall be construed to in any
manner limit or otherwise adversely impact either Party's
right to request and be assigned any North American Numbering
Plan (NANP) number resources including, but not limited to,
central office (NXX) codes pursuant to the Central Office
Code Assignment Guidelines (1ast published by the Industry
Numbering Committee (INC) as INC 00-0000-000, Revision
4/7/95, formerly ICCF 93-0729-010), or to independently, and
in a technically compatible manner, establish and publish in
any and all switched telecommunications industry routing and
rating databases, by tariff or otherwise, Rate Centers Rating
Points, destination switching entity/office and
routing/tandem information corresponding to such NXX codes.
B. During any period under this Agreement in which it serves as
the NANP administrator for its territory, BellSouth shall
ensure that DeltaCom has nondiscriminatory access to
telephone numbers for assignment to its telephone exchange
service customers, and will assist DeltaCom in applying for
NXX codes for its use in providing local exchange services.
It is mutually agreed that BellSouth shall provide numbering
resources pursuant to the Bellcore Guidelines Regarding
Number Assignment and compliance with those guidelines shall
constitute nondiscriminatory access to numbers. DeltaCom
agrees that it will complete the NXX code application in
accordance with Industry Carriers Compatibility Forum,
Central Office Code Assignment Guidelines, ICCF 00-0000-000.
C. If during the term of this Agreement BellSouth is no longer
the NANP administrator, the Parties agree to comply with the
guidelines, plan or rules adopted pursuant to 47 U.S.C.
(S) 251(e).
32
D. Each Party agrees to make available to the other, up-to-date
listings of its own assigned NPA-NXX Codes, along with
associated rating points and rate centers.
E. It shall be the responsibility of each Party to program and
update its switches and network systems pursuant to the local
exchange routing guide (LERG) and other switched
telecommunications industry guidelines to recognize and route
traffic to the other Party's assigned NXX codes using that
party's preferred routing at all times. Neither Party shall
impose any fees or charges whatsoever on the other Party for
such activities, except as expressly defined in this
Agreement.
F. Each Party shall be responsible for notifying its customers
of any changes in dialing arrangements due to NPA exhaustion.
Neither party shall be obligated to adopt the specific end
user dialing plan of the other.
G. Administration and assignment of numbers will be moved to a
neutral third party in the future. In the interim, while
BellSouth is still administering numbering, the following
will apply:
1. BellSouth will assign NXXs to DeltaCom on a
nondiscriminatory basis and on the same basis as to
itself.
2. No restriction is placed on the ability to assign NXXs
per rate center.
3. Testing and loading of DeltaCom's NXXs' should be the
same as BellSouth's own.
4. BellSouth cannot discriminate in the allocation of
number and types of NXXs assigned to DeltaCom.
5. BellSouth will assign NXXs to DeltaCom without the
imposition of charges that are not imposed upon itself.
6. BellSouth will load NXXs according to industry
guidelines, including the terminating LATA in which the
NXXs/rate center is located.
7. Until such time that number administration is moved to
an independent third party, BellSouth will provide
routine reporting on NXX availability, fill rates, and
new assignments.
33
8. In the event of NPA-NXX splits, it is agreed that
DeltaCom may continue use of the pre-existing NPA-NXX
for existing customers.
9. BellSouth will supply DeltaCom with copies of its
Local Calling Area Boundary Guide, including all
updates thereto.
10. All BellSouth services provided to DeltaCom pursuant
to this Article will be at no charge to DeltaCom.
X. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY
---------------------------------------------------
A. BellSouth agrees to provide to DeltaCom, pursuant to 47
U.S.C. (S) 224, as amended by the Act, nondiscriminatory
access to any pole, duct, conduit, and right-of-way owned or
controlled by BellSouth. BellSouth agrees to provide access
at rates, terms and conditions which are no less favorable
than those provided to any other telecommunications service
provider or cable television provider (CATV), including those
provided to itself or its affiliates.
B. BellSouth must provide access to its unbundled network
interface device.
C. When BellSouth has equipment on, over or under public or
private property, it will permit the use of such equipment by
DeltaCom on an equal and nondiscriminatory basis.
D. Any authorizations to attach to poles, overlashing
requirements, or modifications to the conduit system or other
pathways to allow access to and egress from the system shall
not be hindered, restricted or unreasonably withheld or
delayed. Such access and use shall be on terms and conditions
identical to those that BellSouth provides to itself and its
affiliates for the provision of exchange, exchange access and
interexchange services.
E. BellSouth agrees to take no action to intervene against, or
attempt to delay, the granting of permits to DeltaCom for use
of public rights-of-way or access with property owners.
F. Any costs for improvements to/expansions of poles, etc.,
should be prorated on a nondiscriminatory and neutral basis
among and all users of the facility.
G. No application fees will apply.
34
H. Fees will be fixed for term of contract.
I. BellSouth will provide routine notification of changes to
poles, conduits, and rights-of-way.
J. BellSouth will provide open access to current pole-line
prints, and conduit prints, make available maps of conduit
and manhole locations, and allow manhole/conduit break-outs,
and audits to confirm usability.
K. BellSouth will provide regular reports on the capacity
status and planned increase in capacity of each of these
access channels to facilitate construction planning.
L. BellSouth will provide information on the location of, and
the availability to access conduit, poles. etc., when
DeltaCom requests such information, within ten (10) working
days after the request.
M. The Parties agree to enter a Standard License Agreement
incorporating specific rates, terms and conditions consistent
with the foregoing.
XI. ANCILLARY SERVICES AND PLATFORM ARRANGEMENTS
---------------------------------------------
A. 800 Traffic
-----------
A.1 BellSouth agrees to compensate DeltaCom, pursuant to
DeltaCom's published originating switched access
charges, including the database query charge, for the
origination of 800 and 888 traffic (combined "800")
terminated to BellSouth.
A.2 DeltaCom will provide to BellSouth the appropriate
records necessary for BellSouth to xxxx BellSouth's
intraLATA 800 customers. The records provided by
DeltaCom will be in a standard EMR format for a fee,
paid by BellSouth to DeltaCom, of $0.015 per record.
A.3 If DeltaCom provides 800 services to its end users
during the term of this Agreement, it agrees to
compensate BellSouth, pursuant to BellSouth's
originating switched access charges, including the
database query charge, for the origination of 800
traffic terminated to DeltaCom. BellSouth agrees to
provide DeltaCom the appropriate records for DeltaCom
to xxxx its 800 customers. The records provided will be
in a standard EMR format for a fee, paid by DeltaCom to
BellSouth, of $0.015 per record.
35
A.4 If during the term of this Agreement, BellSouth is permitted to provide
interLATA 800 services, BellSouth will compensate DeltaCom for the
origination of such traffic in accordance with the above.
A.5 If DeltaCom utilizes BellSouth's 800 database for query purposes only,
the rates and charges shall be as set forth in the applicable BellSouth
Access Services Tariff, as said tariff is amended from time to time
during the term of this Agreement.
A.6 Should DeltaCom require 800 access ten digit screening service from
BellSouth, it shall have signaling transfer points connecting
directly to BellSouth's local or regional signaling transfer point for
service control point database query information. DeltaCom shall
utilize SS7 Signaling links, ports and usage from BellSouth's
interstate access services tariff. 800 access ten digit screening
service is an originating service that is provided via 800 switched
access service trunk groups from BellSouth's SSP equipped end office or
access tandem providing an IXC identification function and delivery of
call to the IXC based on the dialed ten digit number. The rates and
charges for said services shall be as set forth in the applicable
BellSouth access services tariff as said tariff is amended from time to
time during the term of this Agreement.
B. 911/E-911
---------
B.1 The Parties agree to interconnect with each other to provide Basic 911
and E-911 emergency calling services consistent with the terms of
Attachment C-9 hereto.
B.2 For Basic 911 service, BellSouth will provide to DeltaCom a list
consisting of each municipality in each state that subscribes to Basic
911 service. The list will also provide, if known, the E-911
conversion date for each county and, for network routing purposes, a
ten-digit directory number representing the appropriate emergency
answering position for each county subscribing to 911. DeltaCom will
arrange to accept 911 calls from its end users in municipalities that
subscribe to Basic 911 service and translate the 911 call to the
appropriate 10-digit directory number as stated on the list provided by
BellSouth. DeltaCom will route that call to BellSouth at the
appropriate tandem or end office. When a county converts to E-911
service, DeltaCom shall discontinue the Basic 911 procedures and begin
the E-911 procedures, set forth in subsection B.4 below.
36
B.3 For E-911 service, DeltaCom shall install a minimum of two dedicated
trunks originating form DeltaCom's serving wire center and terminating
to the appropriate E-911 tandem. The dedicated trunks shall be, at
minimum, DS0 level trunks configured either as a 2 wire analog
interface or as part of a digital (1.544 Mb/s) interface. Either
configuration shall use CAMA type signaling with MF pulsing that will
deliver automatic number identification (ANI) with the voice portion of
the call. If the user interface is digital, MF pulses, as well as other
AC signals, shall be encoded per the U-255 Law convention. DeltaCom
will provide BellSouth daily updates to the E-911 database.
B.4 If a municipality has converted to E-911 service, DeltaCom will forward
911 calls to the appropriate E-911 tandem, along with ANI, based upon
the current E-911 end office to tandem homing arrangement as provided
by BellSouth. If the E-911 tandem trunks are not available, DeltaCom
will alternatively route the call to a designated 7-digit local number
residing in the appropriate PSAP. This call will be transported over
BellSouth's interoffice network and will not carry the ANI of the
calling party.
B.5 BellSouth will provide DeltaCom with an electronic interface from which
DeltaCom may input and update subscriber records in the E-911
database. BellSouth shall also provide DeltaCom with an automated
interface to access its Automatic Location Identification (ALI)
database.
B.6 BellSouth and DeltaCom agree that the practices and procedures
contained in the E-911 Local Exchange Carrier Guide For Facility-Based
Providers (LEC Carrier Guide) shall determine the appropriate
procedures and practices of the Parties as to the provision of 911/E-
911 Access. The LEC Carrier Guide shall at a minimum include, or
BellSouth shall separately provide, 911 database update procedures and
911 trunk restoration procedures.
B.7 If DeltaCom requires transport to the BellSouth 911 tandem, DeltaCom
may, at DeltaCom's option, purchase such transport from BellSouth at
rates set forth in either BellSouth's intrastate switched access
services tariff or intrastate special access services tariff.
B.8 BellSouth and DeltaCom will cooperatively arrange meetings to answer
any technical questions that municipal or county coordinators may have
regarding the 9-1-1/E-911 portions of this Agreement.
37
B.9 Where BellSouth is responsible for maintenance of the E-911 database
and can be compensated for maintaining DeltaCom's information by the
municipality, BellSouth shall seek such compensation. BellSouth may
seek compensation for its costs from DeltaCom only if and to the
extent BellSouth is unable to obtain such compensation from the
municipality.
B.10 Nothing herein shall be construed to prevent DeltaCom from opting to
route Basic 911 and E-911 calls to an alternative emergency call
service bureau, to provide such services itself, or to route such
calls directly to a Public Safety Answering Point (PSAP).
C. Provision of Operator Services
------------------------------
C.1 BellSouth will offer to DeltaCom Operator Call Processing Access
Service BLV/BLVI Service and Directory Assistance Access Services.
Rates, terms and conditions are set forth in section VI.F for BLV/BLVI
Service, Attachment C-11 for Directory Assistance Access Services, and
Attachment C-1O for Operator Call Processing Access Services. Each
such attachment is incorporated herein by this reference.
C.2 BellSouth also will offer to DeltaCom CMDS Hosting and the Non Sent
Paid Report System pursuant to the terms and conditions set forth in
Attachment C-12 and Attachment C-13, incorporated herein by this
reference.
D. Transfer of Service Announcements
---------------------------------
When an end user customer changes from BellSouth to DeltaCom, or from
DeltaCom to BellSouth, and does not retain its original telephone number,
the Party formerly providing service to the end user will provide a transfer
of service announcement on the abandoned telephone number. Each Party will
provide this referral service at no charge to the other Party. This
announcement will provide details on the new number to be dialed to reach
this customer.
38
E. Coordinated Repair Calls
------------------------
DeltaCom and BellSouth will employ the following procedures for handling
misdirected repair calls:
E.1 DeltaCom and BellSouth will educate their respective customers as to
the correct telephone numbers to call in order to access their
respective repair bureaus.
E.2 To the extent the correct provider can be determined, misdirected
repair calls will be referred to the proper provider of local exchange
service in a courteous manner, at no charge, and the end user will be
provided the correct contact telephone number. In responding to repair
calls, neither Party shall make disparaging remarks about each other,
nor shall they use these repair calls as the basis for internal
referrals or to solicit customers to market services. Either Party
shall respond with accurate information in answering customer
questions.
E.3 DeltaCom and BellSouth shall provide their respective repair contact
numbers to one another on a reciprocal basis.
F. Busy Line Verification and Interrupt
------------------------------------
F.1 Description
-----------
a. Each Party shall establish procedures whereby its operator bureau
will coordinate with the operator bureau of the other Party in order
to provide Busy Line Verification (BLV) and Busy Line Verification
and Interrupt (BLVI) services on calls between their respective end
users.
b. DeltaCom will route BLV and BLVI traffic to the BellSouth access
tandem. BellSouth wll route BLV and BLVI traffic to the DeltaCom
access tandem.
39
F.2 Compensation
------------
Each Party shall charge the other Party for BLV and BLVI at the
effective rates contained in BellSouth's applicable Local
Interconnection Services Tariff(s).
G. Directory Assistance (DA)
-------------------------
G.1 Description
-----------
At DeltaCom's request, BellSouth will:
a. Provide to DeltaCom, over TOPs trunks, unbranded (or DeltaCom-
branded, where available) directory assistance service which is
comparable in every way to the directory assistance service
BellSouth makes available to interexchange carriers.
b. In conjunction with subparagraph (a) above, provide caller
optional directory assistance call completion service which is
comparable in every way to the directory assistance call
completion service BellSouth generally makes available to its end
users, to the extent BellSouth generally offers such service to
its end users.
c. BellSouth will provide DeltaCom operators on-line access to
BellSouth's DA database.
G.2 Compensation
------------
Initial rates, terms and conditions for DA Services shall be as
provided in Attachment C-11 hereto.
H. Directory Listings and Directory Distribution
---------------------------------------------
H.1 Subject to the execution of an agreement between BellSouth's affiliate,
BellSouth Advertising and Publishing Co. (BAPCO), and DeltaCom in a form
substantially similar to that attached as Attachment C-8, (1) DeltaCom's
customers' primary listings shall be included in the appropriate white
page (resident and business) listings or alphabetical directories, as
well as the directory assistance database, (2) DeltaCom's business
subscribers' listings will be included in all appropriate yellow pages
or classified
40
directories, and (3) copies of directories shall be delivered to
DeltaCom's customers; all without charge.
H.2 BellSouth shall provide DeltaCom with a magnetic tape or computer disk
containing the proper format to employ in submitting directory listings
and daily updates. DeltaCom shall provide BellSouth with its directory
listings and daily updates to those listings (including new, changed and
deleted listings) in a mutually acceptable format. BellSouth shall
include DeltaCom's customers in the directory assistance database
associated with the areas in which DeltaCom provides exchange services
within the same time frame as BellSouth includes its own customers in
such databases.
H.3 BellSouth and its Affiliates will afford DeltaCom's directory listings
information the same level of confidentiality which BellSouth affords
its own directory listing information, and BellSouth shall ensure that
access to DeltaCom's customer proprietary confidential directory
information will be limited solely to those employees who immediately
supervise or are directly involved in the processing and publishing of
listings and directory delivery. BellSouth will not use DeltaCom's
directory listings for the marketing of BellSouth's telecommunications
services.
I. Access to Signaling and Signaling Databases
-------------------------------------------
I.1 BellSouth will offer to DeltaCom use of its SS7 signaling network and
signaling databases on an unbundled basis at the rates included in
Attachment C-5 hereto. Signaling functionality will be available with
both A-link and B-link connectivity.
I.2 BellSouth agrees to input NXX assigned to DeltaCom into the Local
Exchange Routing Guide (LERG).
I.3 BellSouth will enter DeltaCom line information into its Line Information
Database (LIDB) pursuant to the terms and conditions contained in
Attachment C-6 hereto, incorporated herein by this reference. Entry of
line information into LIDB will enable DeltaCom's end users to
participate or not participate in alternate billing arrangements such as
collect or third number billed calls.
I.4 BellSouth will provide DeltaCom with access to LIDB for call and card
validation purposes pursuant to the rates, terms and conditions
contained in Attachment C-7 hereto, as amended hereafter to include
unbundled local loops.
41
I.5 If DeltaCom utilizes BellSouth's 800 database for query purposes
only applicable BellSouth tariffed rates will apply.
XII. TELEPHONE NUMBER PORTABILITY ARRANGEMENTS
-----------------------------------------
A. The Parties agree to provide interim Service Provider Number
Portability (SPNP) on a reciprocal basis between their networks to
enable their end user customers to utilize telephone numbers associated
with an Exchange Service provided by one Party, in conjunction with an
Exchange Service provided by the other Party, upon the coordinated or
simultaneous termination of the first Exchange Service and activation
of the second Exchange Service. The Parties shall provide reciprocal
SPNP immediately upon execution of this Agreement via remote call
forwarding (RCF or Direct Inward Dialing (DID). SPNP shall operate as
follows:
A.1 An end user customer of Party A elects to become an end user
customer of Party B. The end user customer elects to utilize the
original telephone number(s) corresponding to the Exchange
Service(s) it previously received from Party A, in conjunction with
the Exchange Service(s) it will now receive from Party B. Upon
receipt of a service order assigning the number to Party B, Party A
will implement an arrangement whereby all calls to the original
telephone number(s) will be forwarded to a new telephone number(s)
designated by Party B within the same access where the original NXX
code is used. Party A will route the forwarded traffic to Party B
over the appropriate trunk groups, as if the call had originated on
Party A's network.
A.2 Party B will become the customer of record for the original Party A
telephone numbers subject to the SPNP arrangements. Party A will
provide Party B a single consolidated master billing statement for
all collect, calling card, and third-number billed calls associated
with those numbers, with subaccount detail by retained number. Such
billing statement shall be delivered via either electronic data
transfer, daily magnetic tape, or monthly magnetic tape (for which
option there shall be no charge). Party A shall provide to Party B
the EMR detail records associated with the calls on the master
billing statement.
A.3 Party A will cancel line-based calling cards and will, as directed
by Party B, update its Line Information Database (LIDB) listings
for retained numbers, subject to RCF, and restrict or cancel
calling cards associated with those
42
forwarded numbers, as directed by Party B, subject to execution of
an LIDB storage agreement in substantially the form attached
hereto.
A.4 Within two (2) business days of receiving notification from the end
user customer, Party B shall notify Party A of the customer's
termination of service with Party B, and shall further notify Party
A as to that customer's instructions regarding its telephone
number(s). Party A will reinstate service to that customer, cancel
the SPNP arrangements for that customer's telephone number(s), or
redirect the SPNP arrangement pursuant to the customer's
instructions at that time.
B. SPNP-RCF is a telecommunications service whereby a call dialed to an
SPNP-RCF equipped telephone number, is automatically forwarded to an
assigned seven or ten digit telephone number within the local calling
area as defined in Section A3 of the BellSouth General Subscriber
Service Tariff. The forwarded-to number is specified by DeltaCom or
BellSouth, as appropriate. Where technologically feasible, the
forwarding party will provide identification of the originating
telephone number, via SS7 signaling, to the receiving party. Neither
party guarantees, however, identification of the originating telephone
number to the SPNP-RCF end user. SPNP-RCF provides a single call path
for the forwarding of no more than one simultaneous call to the
receiving party's specified forwarded-to number. Additional call paths
for the forwarding of multiple simultaneous calls are available on a per
path basis and are in addition to the rate for SPNP-RCF service.
C. The Parties shall provide RCF arrangements to each other at identical
monthly rates. Recurring charges shall not exceed the actual cost of
providing the service. There shall be no non-recurring charges. Until
otherwise verified by reliable cost studies, actual cost for recurring
charges are as follows:
1. Residential Services - $1.15 per line, including 6 call paths;
2. Business Service - $2.25 per ine, including 10 call paths; and
3. Each additional path - $0.50.
43
D. SPNP-DID service provides trunk side access to end office switches for
direct inward dialing to the other Party's premises equipment from the
telecommunications network to lines associated with the other Party's
switching equipment and must be provided on all trunks in a group
arranged for inward service. A SPNP-DID trunk termination, provided with
SS7 signaling only, applies for each trunk voice grade equivalent. In
addition, direct facilities are required from the end office where a
ported number resides to the end office serving the ported end user
customer. Transport mileage will be calculated as the airline distance
between the end office where the number is ported and the POI using the
V&H coordinate method. SPNP-DID must be established with a minimum
configuration of two channels and one unassigned telephone number per
switch, per arrangement for control purposes. Transport facilities
arranged for SPNP-DID may not be mixed with any other type of trunk
group, with no outgoing calls placed over said facilities. SPNP-DID
will be provided only where such facilities are available and where the
switching equipment of the ordering party is properly equipped. Where
SPNP-DID service is required from more than one wire center or from
separate trunk groups within the same wire center, such service provided
from each wire center or each trunk group within the same wire center
shall be considered a separate service. Only customer dialed sent paid
calls will be completed to the first number of a SPNP-DID number group,
however, there are no restrictions on calls completed to other numbers
of a SPNP-DID number group.
E. The Parties hereby agree to negotiate in good faith to establish the
recurring and non-recurring charges, if any, for SPNP through DID. For
this purpose, BellSouth shall provide DeltaCom with its relevant cost
studies, subject to applicable non-disclosure obligations. In the event
that the Parties are unable to agree upon the applicable charges, the
issue shall be resolved in accordance with the process set forth in
Article XXV. In the interim period, the rates contained in Attachment E
hereto will apply.
F. Each Party is responsible for obtaining authorization from the end user
for the handling of the disconnection of the end user's service, the
provision of new local service and the provision of SPNP services. Each
Party is responsible for coordinating the provision of service with the
other to assure that its switch is capable of accepting SPNP ported
traffic. Each Party is responsible for providing equipment and
facilities that are compatible with the other's service parameters,
interfaces, equipment and facilities and is required to provide
sufficient terminating facilities and services at the terminating end of
an SPNP call to adequately handle all traffic to that location and is
solely responsible to ensure that its facilities, equipment and services
do not interfere with or impair any facility, equipment, or service of
the other Party or any of its end users.
44
G. Each Party is responsible for providing an appropriate intercept
announcement service for any telephone numbers subscribed to SPNP
services for which it is not presently providing local exchange service
or terminating to an end user. Where either Party chooses to disconnect
or terminate any SPNP service, that Party is responsible for designating
the preferred standard type of announcement to be provided.
H. Each Party will be the other's Party's single point of contact for all
repair calls on behalf of each Party's end user. Each Party reserves the
right to contact the other Party's customers, if deemed necessary, for
maintenance purposes.
I. The Parties will migrate from RCF or DID to Permanent Number Portability
(PNP) as soon as practically possible, without interruption of service
(to the degree possible) to their respective customers.
J. Under either an SPNP or PNP arrangement, DeltaCom and BellSouth will
implement a process to coordinate Telephone Numbers Portability. (TNP)
cut-overs with Unbundled loop conversions (as described in Section IV of
this Agreement).
K. The quality of service of calls to ported numbers should be identical to
the quality of service of the calls to non-ported numbers.
L. If the Federal Communications Commission issues regulations pursuant to
47 U.S.C. (S) 251 to require number portability different than that
provided pursuant to this subsection, the Parties agree to fully comply
with those requirements.
45
XIII. DISCONNECTION OF CUSTOMERS
--------------------------
A. BellSouth shall accept any requests from DeltaCom to disconnect the
service of an existing BellSouth end user, except for BellSouth
public and semipublic telephone service which service is subject to
effective contracts with location providers. BellSouth will not
require end user confirmation prior to disconnecting the end user's
service. BellSouth will accept a request directly from an end user
for conversion of the end user's service from DeltaCom to BellSouth
or will accept a request from another CLEC for conversion of the SPNP
service associated with an end user's service charge from DeltaCom to
the CLEC. BellSouth will notify DeltaCom that such a request has been
processed. This Article shall be subject to Section 258(a) and (b) of
the Telecommunications Act which prohibits illegal changes of carrier
selections and assesses liability for such changes, and any change of
service verification procedures which may be promulgated by the FCC.
DeltaCom and BellSouth shall each execute a blanket letter of
authorization for each state substantially in the form attached as
Attachment F hereto with respect to customer disconnections. The
Parties shall each be entitled to adopt their own internal processes
for verification of customer authorization of disconnection of
service; provided, however, that such processes shall comply with
applicable state and federal law and until superseded shall be deemed
adequate for purposes of this Agreement if such processes comply with
FCC guidelines applicable to Presubscribed Interexchange Carriers
(PIC) changes.
B. If either Party determines that an unauthorized change in local
service provider has occurred, such Party shall reestablish service
with the appropriate local service provider as requested by the end
user and will assess the other Party an Unauthorized Change Charge of
$19.41 per line. The appropriate nonrecurring charges to reestablish
the customer's service with the appropriate local service provider
will also be assessed to the other Party because of the unauthorized
change. These charges shall be adjusted if such Party provides
satisfactory proof of authorization.
C. If BellSouth accepts an order placed by itself or another CLEC (or
local reseller) to disconnect the SPNP to an DeltaCom end user,
BellSouth shall notify DeltaCom of the change within three (3) days
thereof.
XIV. RESALE OF BELLSOUTH LOCAL EXCHANGE SERVICES
-------------------------------------------
BellSouth hereby agrees that DeltaCom may at any time during the term of
this Agreement elect to resell BellSouth's local exchange services under
the terms and
46
conditions of any local services resale agreement reached between
BellSouth and any other telecommunications carrier. DeltaCom may select
any such resale agreement at any time prior to the expiration of this
Agreement.
XV. RESPONSIBILITIES OF THE PARTIES
-------------------------------
A. BellSouth and DeltaCom agree to treat each other fairly, non-
discriminatorily, and equally for all items included in this
Agreement or related to the support of items included in this
Agreement.
B. DeltaCom and BellSouth will work cooperatively to minimize fraud
associated with third-number billed calls, calling card calls, or any
other services related to this Agreement. 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.
C. DeltaCom and BellSouth agree to promptly exchange all necessary
records for the proper billing of all traffic.
D. DeltaCom and BellSouth will review engineering requirements on a
quarterly basis and establish forecasts for trunk utilization, POI
trunks, MPB arrangements, E-911, EISCC facility requirements,
quantities of DNCF, loops and other services provided under this
Agreement. New trunk groups will be implemented as dictated by
engineering requirements for both BellSouth and DeltaCom. BellSouth
and DeltaCom are required to provide each other the proper call
information (e.g., originated call party number and destination call
party number) to enable each company to xxxx in a complete and timely
manner.
E. The Parties will cooperate by exchanging technical information in
order to identify and explore potential solutions to enable DeltaCom
to establish unique rate centers, or to assign a single NXX code
across multiple rate centers.
F. DeltaCom and BellSouth will work jointly and cooperatively in
developing and implementing common manual and/or electronic
interfaces (including, for example, data elements, data format, and
data transmission) from which to place service orders and trouble
reports involving the provision of loops, DNCF, directory assistance,
directory listings, E-911, and other services included in this
Agreement. To the extent reasonable, DeltaCom and BellSouth will
utilize the standards established by industry fora, such as OBF.
47
G. BellSouth will support DeltaCom requests related to central office
(NXX) code administration and assignments in an effective and timely
manner. DeltaCom and BellSouth will comply with code administration
requirements as prescribed by the FCC, the state commissions, and
accepted industry guidelines.
H. There will be no re-arrangement, reconfiguration, disconnect, or
other non-recurring fees associated with the initial reconfiguration
of each carrier's traffic exchange arrangements upon execution of
this agreement.
I. BellSouth shall not impose a cross-connect fee on DeltaCom where
DeltaCom accesses 911 or E-911, reciprocal traffic exchange trunks,
and network platform services, through a collocation arrangement at
the BellSouth Wire Center.
J. Notwithstanding any other provision of this Agreement, it is mutually
understood and agreed that both Parties hereto reserve the right to
establish each of the following, consistent with generally accepted
industry standards.
1. Rate centers (location and area within)
2. Points of interchange (including meet points)
3. Switching entity designation and supporting data (including
inbound route choice)
a. end office
b. homing/homed to tandem
4. Association of routing point(s) with end offices, POIs, etc.
5. Published rate center and locality designations.
XVI. NETWORK DESIGN AND MANAGEMENT
-----------------------------
A. The Parties agree to work cooperatively to install and maintain
reliable interconnected telecommunications networks, including but not
limited to, maintenance contact numbers and escalation procedures.
BellSouth agrees to provide public notice of changes in the information
necessary for the transmission and routing of services using its local
exchange facilities or networks, as well as of any other changes that
would affect the interoperability of those facilities and networks.
48
B. The interconnection of all networks will be based upon accepted
industry/national guidelines for transmission standards and traffic
blocking criteria.
C. The Parties will work cooperatively to apply sound network
management principles by invoking appropriate network management
controls to alleviate or prevent network congestion.
D. For network expansion, the Parties agree to review engineering
requirements on a quarterly basis and establish forecasts for trunk
utilization. New trunk groups will be added as reasonably warranted.
E. DeltaCom and BellSouth will exchange appropriate information (e.g.,
maintenance contact numbers, network information, information
required to comply with law enforcement and other security agencies
of the Government) to achieve desired reliability. In addition,
DeltaCom and BellSouth will cooperatively plan and implement
coordinated repair procedures to ensure customer trouble reports are
resolved in a timely and appropriate manner.
XVII. TERM
----
A. The term of this Agreement shall be two years, beginning
July 1, 1997.
B. The Parties agree that by no later than July 1, 1998, they shall
commence negotiations with regard to the terms, conditions and
prices of local interconnection to be effective beginning
July 1, 1999.
C. If, within 90 days of commencing the negotiation referred to in
Section XVII.B above, the Parties are unable to satisfactorily
negotiate new local interconnection terms, conditions and prices,
either Party may petition the state commission to establish
appropriate local interconnection arrangements pursuant to
47 U.S.C. 252. The Parties agree that, in such event, they shall
encourage the Commission to issue its order regarding the
appropriate local interconnection arrangements no later than
January 1, 1999. The Parties further agree that in the event the
Commission does not issue its order prior to January 1, 1999 or
if the Parties continue beyond July 1, 1999 to negotiate the
local interconnection arrangements without Commission
intervention, the terms, conditions and prices ultimately ordered
by the Commission, or negotiated by the Parties, will be
effective retroactive to July 1, 1999. Until the revised local
interconnection
49
arrangements become effective, the Parties shall continue to
exchange traffic pursuant to the terms and conditions of this
Agreement.
D. The Parties agree that (1) if the FCC or a state commission or
other state or local body having jurisdiction over the subject
matter of this Agreement finds that the terms of this Agreement
are inconsistent in one or more material respects with any of its
or their respective decisions, rules or regulations promulgated,
or (2) if the FCC or a state commission preempts the effect of
this Agreement, then in the event of the occurrence of (1) or (2),
which occurrence is final and no longer subject to administrative
or judicial review, the Parties shall immediately commence good
faith negotiations to conform this Agreement with any such
decision, rule, regulation or preemption. The revised agreement
shall have an effective date that coincides with the effective
date of the original FCC or state commission's action giving rise
to such negotiations. The Parties agree that the rates, terms and
conditions of any new agreement shall not be applied retroactively
to any period prior to such effective date.
E. In the event that BellSouth provides interconnection and/or
temporary number portability arrangements via tariff or has or
enters into an interconnection and/or temporary number portability
agreement with another entity, BellSouth will permit DeltaCom an
opportunity to inspect such tariff or agreement and, upon
DeltaCom's request, BellSouth will immediately offer DeltaCom an
agreement on the same material terms with effect from the date
BellSouth first made such tariff effective or entered into such
arrangement and for the remainder of the term of this Agreement.
The other items covered by this Agreement and not covered by such
tariff or agreement shall remain unaffected and as to such items
this Agreement shall remain in effect.
F. In the event that BellSouth is required by an FCC or a state
commission decision or order to provide any one or more terms of
interconnection or other matters covered by this Agreement that
individually differ from any one or more corresponding terms of
this Agreement, DeltaCom may elect to amend this Agreement to
reflect all of such differing terms (but not less than all)
contained in such decision or order, with effect from the date
DeltaCom makes such election. The other items covered by this
Agreement and not covered by such decision or order shall remain
unaffected and as to such items this Agreement shall remain in
effect.
50
XVIII. IMPLEMENTATION OF AGREEMENT
---------------------------
The Parties agree that within 30 days of the execution of this Agreement
they will adopt a schedule for the implementation of this Agreement. The
schedule shall state with specificity, ordering, testing, and full
operational time frames. The implementation shall be attached to this
Agreement as an addendum and specifically incorporated herein by this
reference. All rates within this Agreement will become effective upon
execution of the Agreement.
XIX. UNIVERSAL SERVICE
-----------------
The Parties acknowledge that BellSouth will guarantee the provision of
universal service as the carrier-of-last-resort throughout its territory
in Florida until January 1, 1998 without contribution from DeltaCom.
XX. FORCE MAJEURE
-------------
Neither Party shall be responsible for delays or failures in performance
resulting from acts or occurrences beyond the reasonable control of such
Party, regardless of whether such delays or failures in performance were
foreseen or foreseeable as of the date of this Agreement including,
without limitation: fire, explosion, power failure, acts of God, war,
revolution, civil commotion, or acts of public enemies; any law, order,
regulation, ordinance or requirement of any government or legal body; or
labor unrest, including, without limitation, strikes, slowdowns,
picketing or boycotts; or delays caused by the other Party or by other
service or equipment vendors; or any other circumstances beyond the
Party's reasonable control. In such event the Party affected shall, upon
giving prompt notice to the other Party, be excused from such
performance on a day-today basis to the extent of such interference
(and the other Party shall likewise be excused from performance of its
obligations on a day-for-day basis to the extent such Party's
obligations relate to the performance so interfered with). The affected
Party shall use its best efforts to avoid or remove the cause of
nonperformance and both Parties shall proceed to perform with dispatch
once the causes are removed or cease.
XXI. LIABILITY AND INDEMNIFICATION
-----------------------------
A. Liability Cap.
51
l. With respect to any claim or suit, whether based in contract, tort or
any other theory of legal liability, by DeltaCom, any DeltaCom customer
or by any other person or entity, for damages associated with any of
the services provided by BellSouth pursuant to or in connection with
this Agreement, including but not limited to the installation,
provision, preemption, termination, maintenance, repair or restoration
of service, and subject to the provisions of the remainder of this
Article, BellSouth's liability shall be limited to an amount equal to
the proportionate charge for the service provided pursuant to this
Agreement for the period during which the service was affected.
Notwithstanding the foregoing, claims for damages by DeltaCom, any
DeltaCom customer or any other person or entity resulting from the
gross negligence or willful misconduct of BellSouth and claims for
damages by DeltaCom resulting from the failure of BellSouth to honor in
one or more material respects any one or more of the material
provisions of this Agreement shall not be subject to such limitation of
liability.
2. With respect to any claim or suit, whether based in contract, tort or
any other theory of legal liability, by BellSouth, any BellSouth
customer or by any other person or entity, for damages associated with
any of the services provided by DeltaCom pursuant to or in connection
with this Agreement, including but not limited to the installation,
provision, preemption, termination, maintenance, repair or restoration
of service, and subject to the provisions of the remainder of this
Article, DeltaCom's liability shall be limited to an amount equal to
the proportionate charge for the service provided pursuant to this
Agreement for the period during which the service was affected.
Notwithstanding the foregoing, claims for damages by BellSouth, any
BellSouth customer or any other person or entity resulting from the
gross negligence or willful misconduct of DeltaCom and claims for
damages by BellSouth resulting from the failure of DeltaCom to honor in
one or more material respects any one or more of the material
provisions of this Agreement shall not be subject to such limitation of
liability.
B. Neither Party shall be liable for any act or omission of any other
telecommunications company to the extent such other telecommunications
company provides a portion of a service.
C. Neither Party shall be liable for damages to the other Party's terminal
location, POI or the other Party's customers' premises resulting form the
furnishing of a service, including but not limited to the installation and
removal of equipment and associated wiring, except to the extent the damage
is caused by such Party's gross negligence or willful misconduct.
52
D. Notwithstanding subsection A, the Party providing services under this
Agreement, its affiliates and its parent company shall be indemnified,
defended and held harmless by the Party receiving such services against any
claim, loss or damage arising from the receiving Party's use of the
services provided under this Agreement, involving: (1) claims for libel,
slander, invasion of privacy or copyright infringement arising from the
content of the receiving Party's own communications; (2) any claim, loss or
damage claimed by the receiving Party's customer(s) arising from such
customer's use of any service, including 911/E-911, that the customer
has obtained from the receiving Party and that the receiving Party has
obtained form the supplying Party under this Agreement; or (3) all other
claims arising out of an act or omission of the receiving Party in the
course of using services provided pursuant to this Agreement.
Notwithstanding the foregoing, to the extent that a claim, loss or damage
is caused by the gross negligence or willful misconduct of a supplying
Party, the receiving Party shall have no obligation to indemnify, defined
and hold harmless the supplying Party hereunder.
E. Neither Party guarantees or makes any warranty with respect to its services
when used in an explosive atmosphere. Notwithstanding subsection A, each
Party shall be indemnified, defended and held harmless by the other Party
or the other Party's customer from any and all claims by any person
relating to the other Party or the other Party's customer's use of services
so provided.
F. No license under patents (other than the limited license to use in the
course of using a service provided pursuant to this Agreement) is granted
by one Party to the other or shall be implied or arise by estoppel, with
respect to any service offered pursuant to this Agreement. Notwithstanding
subsection A, the Party providing a service pursuant to this Agreement will
defend the Party receiving such service against claims of patent
infringement arising solely from the use by the receiving Party of such
service and will indemnify the receiving Party for any damages awarded
based solely on such claims. Such indemnification shall not, however,
extend to claims for patent infringement to the extent the alleged
infringement results from:
l. Modification of the service by someone other than the providing Party
and/or its subcontractors, where there would be no such infringement
or violation in the absence of such modification; or
2. The combination, operation or use of the service with any product,
data or apparatus not provided by the providing Party and/or its
subcontractors, where there would be no such infringement or violation
in the absence of such combination, operation or use.
53
G. Promptly after receipt of notice of any claim or the commencement of
any action for which a Party may seek indemnification pursuant to
this Article XXI, such Party (the "Indemnified Party") shall
promptly give written notice to the other Party (the "Indemnifying
Party") of such claim or action, but the failure to so notify the
Indemnifying Party shall not relieve the Indemnifying Party of any
liability it may have to the Indemnified Party except to the extent
the Indemnifying Party has actually been prejudiced thereby. The
Indemnifying Party shall be obligated to assume the defense of such
claim, at its own expense. The Indemnified Party shall cooperate
with the Indemnifying Party's reasonable requests for assistance or
Information relating to such claim, at the Indemnifying Party's
expense. The Indemnified Party shall have the right to participate
in the investigation and defense of such claim or action, with
separate counsel chosen and paid for by the Indemnified Party.
XXII. MOST FAVORABLE PROVISIONS
-------------------------
A. The parties agree that if ---
l. the Federal Communications Commission ("FCC") or the Commission
finds that the terms of this Agreement are inconsistent in one or
more material respects with any of its or their respective
decisions, rules or regulations, or
2. the FCC or the Commission preempts the effect of this
Agreement, then, in either case, upon such occurrence becoming final
and no longer subject to administrative or judicial review, the
parties shall immediately commence good faith negotiations to
conform this Agreement to the requirements of any such decision,
rule, regulation or preemption. The revised agreement shall have an
effective date that coincides with the effective date of the
original FCC or Commission action giving rise to such negotiations.
The parties agree that the rates, terms and conditions of any new
agreement shall not be applied retroactively to any period prior to
such effective date except to the extent that such retroactive
effect is expressly required by such FCC or Commission decision,
rule, regulation or preemption.
B. In the event that BellSouth, either before or after the effective
date of this Agreement, enters into an agreement with any other
telecommunications carrier (an "Other Interconnection Agreement")
which provides for the provision within a particular state covered
under this Agreement of any of the arrangements covered by this
Agreement to be provided in a particular state upon rates, terms or
54
conditions that differ in any material respect from the rates, terms
and conditions for such arrangements set forth in this Agreement
("Other Terms"), then except as provided in Section XXII.F, BellSouth
shall be deemed thereby to have offered such arrangements to DeltaCom
for that state upon such Other Terms, which DeltaCom may accept as
provided in Section XXII.E. In the event that DeltaCom accepts such
offer within sixty (60) days after the Commission approves such Other
Interconnection Agreement pursuant to 47 U.S.C. (S) 252, or within
thirty (30) days after DeltaCom acquires actual knowledge of an Other
Interconnection Agreement not requiring the approval of the Commission
pursuant to 47 U.S.C. (S) 252, as the case may be, such Other Terms
for such arrangement for the particular state shall be effective
between BellSouth and DeltaCom as of the effective date of such Other
Interconnection Agreement. In the event that DeltaCom accepts such
offer more than sixty (60) days after the Commission approves such
Other Interconnection Agreement pursuant to 47 U.S.C. (S) 252, or more
than thirty (30) days after acquiring actual knowledge of an Other
Interconnection Agreement not requiring the approval of the Commission
pursuant to 47 U.S.C. (S) 252, as the case may be, such Other Terms
shall be effective between BellSouth and DeltaCom as of the date on
which DeltaCom accepts such offer.
C. In the event that after the effective date of this Agreement the FCC
or the Commission enters an order (an "Interconnection Order")
requiring BellSouth to provide within a particular state covered under
this Agreement any of the arrangements covered by this Agreement to be
provided in a particular state upon Other Terms, then upon such
Interconnection Order becoming final and not subject to further
administrative or judicial review, except as provided in
Section XXII.F, BellSouth shall be deemed to have offered such
arrangements in that state to DeltaCom upon such Other Terms, which
DeltaCom may accept as provided in Section XXII.E. In the event that
DeltaCom accepts such offer within sixty (60) days after the date on
which such Interconnection Order becomes final and not subject to
further administrative or judicial review, such Other Terms for such
arrangement for the particular state shall be effective between
BellSouth and DeltaCom as of the effective date of such
Interconnection Order. In the event that DeltaCom accepts such offer
more than sixty (60) days after the date on which such Interconnection
Order becomes final and not subject to further administrative or
judicial review, such Other Terms shall be effective between BellSouth
and DeltaCom as of the date on which DeltaCom accepts such offer.
D. In the event that after the effective date of this Agreement BellSouth
files and subsequently receives approval for one or more intrastate or
interstate tariffs (each, an "Interconnection Tariff") offering to
provide in a particular state covered under this Agreement any of the
arrangements covered by this Agreement to be provided
55
in a particular state upon Other Terms, then upon such Interconnection
Tariff becoming effective, except as provided in Section XXII.F,
BellSouth shall be deemed thereby to have offered such arrangements in
that state to DeltaCom upon such Other Terms, which DeltaCom may
accept as provided in Section XXII.E. In the event that DeltaCom
accepts such offer within sixty (60) days after the date on which such
Interconnection Tariff becomes effective, such Other Terms for such
arrangements for the particular state shall be effective between
BellSouth and DeltaCom as of the effective date of such
Interconnection Tariff. In the event that DeltaCom accepts such offer
more than sixty (60) days after the date on which such Interconnection
Tariff becomes effective, such Other Terms shall be effective between
BellSouth and DelaCom as of the date on which DeltaCom accepts such
offer.
E. In the event that BellSouth is deemed to have offered DeltaCom the
arrangements covered by this Agreement upon Other Terms, DeltaCom in
its sole discretion may accept such offer either --
l. by accepting such Other Terms in their entirety; or
2. by accepting the Other Terms that directly relate to any of the
following arrangements as a whole:
a. local interconnection,
b. interLATA and IntraLATA toll traffic interconnection,
C. unbundled access to network elements which include: local
loops, network interface devices, switching capability,
interoffice transmission facilities, signaling networks and call-
related databases, operations support systems functions, operator
services and directory assistance, and any elements that result
from subsequent bone fide requests,
d. access to poles, ducts, conduits and rights-of-way,
e. access to 911/E911 emergency network,
f. collocation, or
g. access to telephone numbers.
56
The terms of this Agreement, other than those affected by the Other
Terms accepted by DeltaCom, shall remain in full force and effect.
F. Corrective Payment. In the event that --
l. BellSouth and DeltaCom revise this Agreement pursuant to
Section XXII.A, or
2. DeltaCom accepts a deemed offer of Other Terms pursuant to
Section XXII.E, then BellSouth or DeltaCom, as applicable, shall
make a corrective payment to the other party to correct for the
difference between the rates set forth herein and the rates in such
revised agreement or Other Terms for substantially similar services
for the period from the effective date of such revised agreement or
Other Terms until the date that the parties execute such revised
agreement or DeltaCom accepts such Other Terms, plus simple interest
at a rate equal to the thirty (30) day commercial paper rate for
high-grade, unsecured notes sold through dealers by major
corporations in multiples of $1,000.00 as regularly published in The
Wall Street Journal.
XXIII. DEFAULT
-------
If either Party defaults in the payment of any amount due hereunder, or
if either Party violates any other provision of this Agreement, and such
default or violation shall continue for thirty (30) days after written
notice thereof, the other Party may terminate this Agreement forthwith
by written instrument. The failure of either Party to enforce any of the
provisions of this Agreement or the waiver thereof in any instance shall
not be construed as a general waiver or relinquishment of its part of
any such provision but the same shall, nevertheless, be and remain in
full force and effect.
57
XXIV. NONDISCLOSURE
-------------
A. All information, including but not limited to specifications,
microfilm, photocopies, magnetic disks, magnetic tapes, drawings,
sketches, models, samples, tools, technical information, data,
employee records, maps, financial reports, and market data,
(i) furnished by one Party to the other Party dealing with customer
specific, facility specific, or usage specific information, other
than customer information communicated for the purpose of
publication or directory database inclusion, or (ii) in written,
graphic, electromagnetic, or other tangible form and marked at the
time of delivery as "Confidential" or "Proprietary," or
(iii) communicated orally and declared to the receiving Party at the
time of delivery, or by written notice given to the receiving Party
within ten (10) days after delivery, to be "Confidential" or
"Proprietary" (collectively referred to as "Proprietary
Information"), shall remain the property of the disclosing Party.
B. Upon request by the disclosing Party, the receiving Party shall
return all tangible copies of Proprietary Information, whether
written, graphic or otherwise, except that the receiving Party may
retain one copy for archival purposes.
C. Each Party shall keep all of the other Party's Proprietary
Information confidential and shall use the other Party's Proprietary
Information only for performing the covenants contained in the
Agreement. Neither Party shall use the other Party's Proprietary
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing.
D. Unless otherwise agreed, the obligations of confidentiality and non-
use set forth in this Agreement do not apply to such Proprietary
Information as:
l. was at the time of receipt already known to the receiving Party
free of any obligation to keep it confidential evidenced by
written-records prepared prior to delivery by the disclosing
Party; or
2. is or becomes publicly known through no wrongful act of the
receiving Party; or
3. is rightfully received from a third person having no direct or
indirect secrecy or confidentiality obligation to the
disclosing Party with respect to such information; or
4. is independently developed by an employee, agent, or contractor
of the receiving Party which individual is not involved in any
manner with the provision of
58
services pursuant to the Agreement and does not have any direct
or indirect access to the Proprietary Information; or
5. is disclosed to a third person by the disclosing Party without
similar restrictions on such third person's rights; or
6. is approved for release by written authorization of the
disclosing Party; or
7. is required to be made public by the receiving Party pursuant
to applicable law or regulation provided that the receiving
Party shall give sufficient notice of the requirement to the
disclosing Party to enable the disclosing Party to seek
protective orders.
E. Effective Date. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement
shall apply to all information furnished by either Party to the
other in furtherance of the purpose of this Agreement, even if
furnished before the date of this Agreement. The obligation to that
information as confidential shall survive the termination of this
Agreement.
XXV. ARBITRATION
-----------
A. Any controversy or claim arising out of, or relating to, this
Contract or the breach thereof shall be settled by arbitration, in
accordance with the rules then obtaining, of the American
Arbitration Association, and judgment upon the award rendered may by
entered in any court having jurisdiction of the controversy or
claim. As an express condition precedent to any legal or equitable
action or proceeding in the event of disputes or controversies as to
the amount of loss or damage arising out of this Contract, such
disputes or controversies shall first be submitted to the
arbitration of two persons, one chosen by each Party, who shall
jointly select a third person. Provided, however, that nothing
contained herein shall preclude either Party from filing any
complaint or other request for action or relief with the FCC or the
appropriate state commission, including any appeals thereof. The
Party which does not prevail shall pay all reasonable costs of the
arbitration or other formal complaint proceeding, including
reasonable attorney's fees and other legal expenses of the
prevailing Party.
B. Nothing herein shall preclude DeltaCom from seeking state commission
arbitration, pursuant to sections 251-53 of the Telecommunications
Act, of issues upon which the Parties hereto were unable to reach
agreement during the negotiations hereof. The Parties acknowledge,
for example, that they were unable to reach agreement on
59
the availability, rates and terms of local sub-loop unbundling, local
loop multiplexing, switch port charges, access to databases, etc.,
and that such issues will be submitted for resolution by the state
commissions through arbitration. BellSouth hereby waives any right to
contest DeltaCom's ability to seek state commission and/or FCC review
of such unresolved issues.
XXVI. WAIVERS
-------
Any failure by either Party to insist upon the strict performance by the
other Party of any of the provisions of this Agreement shall not be
deemed a waiver of any of the provisions of this Agreement, and each
Party, notwithstanding such failure, shall have the right thereafter to
insist upon the specific performance of any and all of the provisions of
this Agreement.
XXVII. GOVERNING LAW
-------------
This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Georgia.
XXVIII. ARM'S LENGTH NEGOTIATIONS
-------------------------
This Agreement was executed after arm's length negotiations between the
undersigned Parties and reflects the conclusion of the undersigned that
this Agreement is in the best interests of all Parties.
60
XXIX. NOTICES
-------
Any notices required by or concerning this Agreement shall be sent to
the Parties at the addresses shown below:
GENERAL COUNSEL Account Manager
-------------------- BellSouth Telecommunications, Inc.
DELTACOM, INC. Xxxxx X0X0
-------------------- 0000 Xxxxxxxxx Xxxxxxx
XXXXX 000 Xxxxxxxxxx, Xxxxxxx 00000
--------------------
000 XXXXXXXXX XXXXX
--------------------
XXXXXXXXXX, XX 00000
--------------------
Each Party shall inform the other of any changes in the above
addresses.
XXX. ENTIRE AGREEMENT
----------------
This Agreement and its Attachments, incorporated herein by this
reference, sets forth the entire understanding and supersedes prior agreements
between the Parties relating to the subject matter contained herein and merges
all prior discussions between them, and neither Party shall be bound by any
definition, condition, provision, representation, warranty, covenant or promise
other than as expressly stated in this Agreement or as is contemporaneously or
subsequently set forth in writing and executed by a duly authorized officer or
representative of the Party to be bound thereby.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
/s/ Xxx Xxxxxx /s/ Xxxxx Xxxxxxx
----------------------------------- -------------------------------------
DELTACOM, INC. BELLSOUTH
TELECOMMUNICATIONS, INC.
By: Xxx Xxxxxx By: Xxxxx Xxxxxxx
Title: Sr. V.P. Title: Director
Date: 3/12/97 Date: 3/12/97
Address: Xxxxx 000 Address: 000 X. Xxxxxxxxx Xxxxxx, X.X.
000 Xxxxxxxxx Xxxxx Xxxxxxx, Xxxxxxx 00000
Xxxxxxxxxx, XX 00000
61
ATTACHMENT A
RESERVED FOR FUTURE USE
62
ATTACHMENT B
DEFINITIONS
1. "Access Service Request" or "ASR" means an industry standard form used
by the Parties to add, establish, change or disconnect trunks for the purposes
of interconnection.
2. "Advanced Intelligent Network" or "AIN" means a network switching and
architecture concept that centralizes intelligence in databases and application
processors internal to the network rather than in central office switching
systems. AIN enables the network to complete interactions (or actions) regarding
routing, signaling and information quickly and accurately. The AIN concept
permits intelligent database systems and application processors to be either
centralized or distributed throughout one network.
3. "Advanced Intelligent Network Features" or "AIN/IN Features" refers to
the replacement or enhancement of electronic switching and electronic network
hardware and software functions via the use of distributed network based
processors and Common Channel Interoffice Signaling (CCIS/SS7). For example,
SCPs and STCs are part of the advanced intelligent network. AIN also features a
"service creation environment" which permits the end user or reseller to create,
and modify, in near real time, their own network routing instructions for calls
to their facilities, creating, in effect a user customizable virtual network.
4. "Affiliate" means a person that (directly or indirectly) owns or
controls, is owned or controlled by, or is under common ownership or control
with, another person. For purposes of this paragraph, the term "own" means to
own an equity interest (or equivalent thereof) or more than 10 percent.
5. "American National Standards Institute" or "ANSI" is a private, non-
profit organization representing more than 1,300 corporations, 30 government
agencies, 20 institutions and 250 trade, labor, consumer, technical and
professional organizations which sets voluntary standards for the United States
(U.S.). ANSI has established an Information Infrastructure Standards Panel. ANSI
is appointed by the U.S. State Department as a representative of the U.S. to the
ITU's International Standards Organization.
6. "Automated Report Management Information System" or "ARMIS" means the
most current ARMIS 4308 report issued by the FCC.
7. "Automatic Number Identification" or "ANI" is a telecommunications
carrier signaling parameter that identifies, through industry standard network
interfaces and formats (either
SS7/CCIS (preferred), or in band signaling (predecessor technology), the billing
number of the calling party. This functionality is also known and referred to as
"Calling Party Number" or "CPN." This term is not to be limited by "Called Party
Identification" service, another product that is frequently required by call
centers.
8. "Xxxx Communications Research" or "BellCore" means an organization
owned jointly by the RBOC that conducts research and development projects for
them.
9. "Busy Line Verification/BLVI Traffic" or "BLV/BLVI Call" refers to an
operator call in which the end user inquires as to the busy status of, or
requests an interruption of, a call on an Exchange Service.
10. "Calling Party Number" or "CPN" means a common channel signalling
parameter which refers to the number transmitted through the network identifying
the calling party.
11. "Carrier Identification Code" or "CIC" means a three or four digit
number assigned to an IXC that identifies that carrier's traffic.
12. "Central Office Switch," "Central Office" or "CO" refers to either a
means a Switching entity or the physical location (site) which houses a
traditional central office switch and its peripherals within the public switched
telecommunications network, including but not limited to:
a. "End Office Switches" which are Class 5 switches from which End User
Telecommunications Services are directly connected and offered.
b. "Tandem Office Switches" which are Class 4 switches which are used
to connect and switch trunk circuits between and among Central Office Switches.
c. "Remote Switching Module" or "RSM" refers to a Central Office
architecture element that permits the Central Office switch the ability to
extend either line or trunk side interfaces, with all typical service features
and functions to a cabinet which is physically remote from the home CO site, and
where stand alone capability may or may not be implemented. RSMs are sometimes
also referred to as "switches" in the BellSouth infrastructure inventory
discussions and to that extent may be used as interchangeable terms.
d. "Central Office Switches" may be employed as combination End Office
and Tandem Office Switches (combination Class 5/Class 4).
13. "Central Office Equipment" refers to the traditional Central Office
Switch itself and all of the peripheral electronics (network elements) that
supply network-based processing functions
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other than "transport." Network elements which provide "Transport" are generally
referred to as "Outside Plant" equipment or electronics.
14. "Centralized Message Distribution System" or "CMDS" means the billing
record and clearing house transport systems that incumbent LECs use to exchange
out-collects, in-collects and Carrier Access Billing System ("CABS") records.
15. "CLASS Features" refers to features and functions (products) which
become available on the "line side" of the Central Office through the use of
common channel signalling system seven (CCIS/SS7.) CLASS features include, but
are not necessarily limited to: Automatic Call Back, Call Trace, Caller ID and
Related Blocking Features, Distinctive Ringing/Call Waiting, Selective Call
Forward, and Selective Call Rejection. See also: "Software-based network
elements and services."
16. "Commission" means the appropriate regulatory agency in each of
BellSouth's nine state regions, Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, and Tennessee.
17. "Common Channel (Interoffice) Signaling" or "CCIS" means a method of
digitally transmitting call set-up and network control data over separate
physical or virtual connections from those which normally carry the actual call
user connections. This technology supersedes "in-band" signalling. The current
industry standard for common carrier network signaling is called Signaling
System 7.
18. "Cross Connect" refers to the equipment physical or logical "meet
point" between network elements.
a. For example, within a wire center, it is a connection between line
termination blocks on the two sides of a distribution frame or between
individual line terminations on the same side of the frame. Cross connections
are made to route traffic from one group of lines to another specific group of
lines on the distribution frame, or to route traffic from one individual line to
another specific line on the distribution frame.
b. A piece of manual, electromechanical or electronic apparatus
designed to make and rearrange the cross connections among the lines that
terminate on a distribution frame. Cross-connect devices are employed where
rearrangement of transmission circuits occur infrequently.
19. "Customer Local Area Signalling Services" or "CLASS" means features
available to end users based on availability of CCIS, including, without
limitation, Automatic Callback, Call Trace, Caller ID and related blocking,
Distinctive Ringing, Call Waiting, Selective Call Forward and Selective Call
Rejection.
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20. "DID" or "Direct Inward Dialing" is a feature which allows callers on
the public switched network to directly dial a specific PBX or Centrex extension
telephone.
21. "Directory Number Call Forwarding" or "DNCF" is one form of Interim
Number Portability ("ISPNP") which is provided through call routing and call
forwarding capabilities. DNCF will forward calls dialed to an original telephone
number to a new telephone number on a multi-path basis. DNCF is not limited to
listed directory numbers.
22. "Digital Loop Carrier" or "DLC" is as defined in BellCore TR-TSY-
000008, "Digital Interface Between the SLC-96 Digital Loop Carrier System and
Local Digital Switch" and TR-TSY-00303, "Integrated Digital Loop Carrier (IDLC)
Requirements, Objectives and Interface."
23. "Digital Service - Level 0" or "DS-0" means a signal rate of
64 kilobits per second.
24. "Digital Service - Level 1" or "DS-1" is an industry standard
telecommunications transport channel which can support a digital signaling rate
of 1.544 Mbps (Mega Bits Per Second) at industry standard performance levels.
Unless identified and priced as "fractional," this channel is assumed to be
fully available
25. "Digital Service - level 3" or "DS-3" is an industry standard
telecommunications transport channel which can support a digital signal rate of
44.736 Mbps (Mega Bits Per Second) at industry standard performance levels.
Unless identified and priced as "fractional," this channel is assumed to be
fully available.
26. "DSX" or "Digital and Access Cross-connect System ("DACS") is a cross-
connection product (including a mounting bay/panel) used for termination of
equipment and facilities operating at digital rates.
27. "Electronic Data Interchange," "Electronic File Transfer" or "EFT" is a
process which utilizes an electronic format and protocol to send/receive digital
data business documents between different companies' computers over phone lines.
There are several generally accepted industry standards for EFT, pending
acceptance of a single common standard.
28. "Exchange Access" means the offering of access to telephone exchange
services or facilities for the purpose of the origination or termination of
telephone toll services.
29. "Exchange Message Record" or "EMR" is a term used to refer to the
current standard used for exchange of telecommunications message information
among Local Exchange Carriers for billable, non-billable, sample, settlement and
study data. EMR format is currently contained in
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BR-0l0-200-010 XXXX Exchange Message Record, a Bellcore document which has
traditionally defined Xxxx standards for exchange message records.
30. "Exchange Service" is a traditional marketing term used to refer to a
service offered to end users which provides the end user with a telephonic
connection to, and a unique local telephone number address on, the public
switched telecommunications network, and which enables such end user to
generally place calls to, or receive calls from, other stations on the public
switch telecommunications network. Exchange Services include, but are not
limited to, basic residence and business line service, PBX trunk line service,
pay telephone stations, pay phone line service, Centrex and Centrex-like line
services, AIN, and ISDN line/trunk services. Exchange Service does not
traditionally include Private Line, Toll, Switched and Special Access (digital
channel) services, which have traditionally been separately billed and
regulated, although today these services are frequently formed from and bundled
within common transport and network elements.
31. "Feature Group A" or "FGA" means FGA interexchange access as defined in
BellSouth's FCC Tariff No. l.
32. "Feature Group B" or "FGB" means FGB interexchange access as defined in
BellSouth's FCC Tariff No.1.
33. "Feature Group D" or "FGD" means FGD interexchange access as defined in
BellSouth's FCC Tariff No. l.
34. "Interconnection" means the connection between network elements that
enable the formation of network systems. The objective of interconnection is to
provide transport and transparent interoperation among separate pieces of
equipment, transmission facilities, etc., within, between or among networks. The
architecture of interconnection may include several industry standard or
regulatory structured methods including, but not limited to, collocation
arrangements ("physical" and "virtual" collocation) arrangements via industry
standard interface arrangements.
35. "Interconnection Point," "Point of Interconnection" or "POI" includes
all points where DeltaCom is entitled to interconnect with BellSouth under the
terms of this Agreement, including, without limitation, points on the line side
and trunk side of each Network Element.
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36. "Interface" refers to the physical and logical point or points on a
given network element where transmission, operations, administration,
maintenance, provisioning and management connections are made. Specifically,
the Interface includes (1) a common boundary between two or more items of
equipment, (2) a physical point of demarcation between two devices where all the
signals which pass are defined; the definition includes the type, quality and
function of the interconnection circuits, as well as the type and form of
signals interchanges by those circuits, and (3) the procedure, codes and
protocols enabling dissimilar devices to communicate. The original equipment
manufacturer of the network element generally incorporates one or more standard
(or in some cases, proprietary) interfaces to each network element that allows
the element to "plug into" and become part of the overall integrated
telecommunications system. The same interfaces are used by both the incumbent
and the competitive LECs. The technical specifications of the element's
interface(s) are specified by manufacturer prior to sale. Compliance to industry
standards organizations interface specifications, and the modular ability to
retrofit subsequent industry standard specifications is requited by the buyer of
any given network element.
37. "Interexchange Carrier" or "IXC" traditionally means a provider of
stand-alone interexchange telecommunications services. Under the new Act, the
term IXC may be interpreted to embrace any competitive intermediary
telecommunications carrier providing switched (and/or private line) services
between switching entities operated by local exchange service providers (BOC-
LEC, Independent-LEC, Competitive-LEC, Wireless-LEC). IXC connectivity is
typically an access services arrangement. The use of this term does not preclude
the provider from also offering bundled telecommunications services.
38. "Integrated Services Digital Network" or "ISDN" refers to a switched
network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice, data, video or multimedia services. Basic
Rate Interface-ISDN (BRI-ISDN) provides for digital transmission of two 64 Kbps
bearer channels and one l6 Kbps data channel (2B + D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 Kbps
bearer channels and one (1) 16 Kbps data channel (23B + D). Unless identified
and priced as "fractional" both BRI and PRI ISDN circuits are assumed to be
fully available.
39. "Interim Number Portability" or "INP" refers to the temporary means by
which BellSouth allows customers to retain their existing telephone numbers when
changing from one local exchange carrier to another. This service provides
transparent delivery of Telephone Number Portability ("TNP") capabilities, from
a customer standpoint in terms of call completion, and from a carrier standpoint
in terms of compensation, through the use of call routing, forwarding, and
addressing capabilities. The interim nature of these arrangements result from
the fact that their performance and cost cannot meet or sustain end-user
customer or co-carrier expectations. Standards for permanent number portability
will be set by regulatory stricture, and both Parties agree to implementation of
permanent number portability at the earliest possible point in time.
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40. "InterLATA Service" means telecommunications between a point located in
one LATA and a point located outside such area.
41. "Intermediary function" means the delivery of local traffic from a
local exchange carrier other than BellSouth; an ALEC other than DeltaCom;
another telecommunications company such as a wireless telecommunications
provider through the network of BellSouth or DeltaCom to an end user of
BellSouth or DeltaCom.
42. "IntraLATA Service" means telecommunications between a point located in
one LATA and a point located in the same LATA.
43. "International Telecommunications Union" or "ITU" is a United Nations
organization which comprises the organization previously known as the CCITT.
Open Standards Interconnection (OSI) standards are established by the ITU.
Telecommunications Management Network (TMN) standards are a subset of the OSI
model. The American National Standards Institute (ANSI) is appointed by the
State Department as a U.S. representative to the ITU's ISO.
44. "Line Side" refers to local loop interface ports of an end office
switch that are programmed to treat the circuit as a local line connected to an
ordinary telephone station set.
45. "Link" or "Loop" are synonyms for a communications channel or circuit
on the line side or the trunk side of the common carrier switching element. This
term has been used as a marketing term to refer to an element of "Exchange
Service" whereby BellSouth provides transport between the Minimum Point of Entry
(MPOE) at an end user premise and the BellSouth wire center from which the
transport is extended. The communications channel, circuit or group of channels
or circuits which are segmented from a transmission medium that extends from
BellSouth's Central office or wire center's Main Distribution Frame, DSX-panel,
or functionally comparable piece of equipment, to a demarcation point or
connector block in/at a customer's premises. "Links" are communications channels
or circuits, which may be provided as 2-wire or 4-wire copper pairs, as radio
frequencies or as a channel on a high-capacity feeder/distribution facility so
long as all industry standard interface, performance, price, privacy,
reliability and other operational characteristics are functionally transparent
and are equal to or better than that of dedicated copper pairs. Examples of
communications channels or circuits that are "links" or "loops" include, but are
not limited to:
46. "Basic Voice Grade Line/Link/Circuit" is a basic voice grade line which
is a two wire circuit or equivalent voice frequency channel for the transmission
of analog signals with an approximate bandwidth of 300 to 3000 Hz (3 Khz analog
or 56 Kbps digital (POTS grade, capable of transmitting voice or analog data
transmissions up to 28.8 BPS with current generation modems). In addition, Basic
Links must meet all RELRA and USF requirements for "basic telephone service"
imposed by State and Federal regulatory authorities. Digital signaling,
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transmission performance and reliability characteristics for basic "link"
circuits are a matter of industry standard, having an expected measured loss or
gain of approximately +/-6dB, and a signal to noise ratio that does not exceed
(fill-in) and capable of supporting fully functional connections for up to 2
miles from the nearest electronic network element. Within the 300 to 3000 Hz
range, "Basic Links" will support all standard signalling arrangements including
repeat loop start, loop reverse battery, or ground start seizure and disconnect
in one direction (toward the end office switch), and repeat ringing in the other
direction (toward the end user).
a. "ISDN link/loop/circuit is an ISDN link which provides a 2-wire ISDN
digital circuit connection that will support digital transmission of two 64 Kbps
clear channels and one 16 Kbps data channel (2B+D), suitable for provision of
BRI-ISDN service. ISDN links shall be provisioned by least cost planning
methodologies sufficient to insure industry standard interface, performance,
price, reliability and operational characteristics are functionally transparent
and are equal to or better than dedicated copper pairs. All things being equal,
"Broadband ISDN" is preferred to CO-based ISDN circuits. Unless specifically
identified and priced as "fractional" these circuits are assumed to be fully
available.
b. "4-Wire DS-1 Digital Grade Links" will support full duplex transmission
of isochronous serial data at 1.544 Mbps, and provide the equivalent of 24 voice
grade channels. Unless specifically identified and priced as "fractional" these
circuits are assumed to be fully available.
47. "Local Exchange Carrier" or "LEC" means any carrier that provides local
common carrier telecommunications services to business and/or residential
subscribers within a given LATA and interconnects to other carriers for the
provision of alternative telecommunications products or services, including, but
not limited to toll, special access, and private line services. This includes
the Parties to this Agreement. The term "Incumbent-LEC" or "I-LEC" is sometimes
used to refer to the dominant LEC for a particular locality (such as BellSouth).
Such Incumbent-LECs include both Xxxx Operating Companies ("BOCs") and non-BOC
LECs, which are often referred to as "Independent-LECs." By contrast, new
entrants into the local exchange market are sometime referred to as "Competitive
LECs" or "CLECs," or sometimes as "Alternative LECs" or "ALECs."
48. "Local Exchange Routing Guide" or "LERG" means a BellCore Reference
customarily used to identify NPA-NXX routing and homing information, as well as
network element and equipment designations.
49. "Local Traffic" means any telephone call that originates in one exchange
or LATA and terminates in either the same exchange or LATA, or a corresponding
Extended Area Service ("EAS") exchange. The terms Exchange, and EAS exchanges
are defined and specified in Section A3. of BellSouth's General Subscriber
Service Tariff.
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50. "Local Interconnection" means (1) the delivery of local traffic to be
terminated on each Party's local network so that end users of either Party have
the ability to reach end users of the other Party without the use of any access
code or substantial delay in the processing of the call; (2) the LEC unbundled
network features, functions, and capabilities set forth in this Agreement; and
(3) Service Provider Number Portability sometimes referred to as temporary
telephone number portability to be implemented pursuant to the terms of this
Agreement.
51. "Local Interconnection Trunks/Trunk Groups" means equipment and
facilities that provide for the termination of Local Traffic and intraLATA
traffic.
52. "Local Access and Transport Area" or "LATA" means one of 161 contiguous
geographic areas established pursuant to the AT&T Content Decree to define the
permitted operating regions of the RBOCs prior to the enactment of the
Telecommunications Act of 1996.
53. "Long Run Incremental Cost" or "LRIC" refers to the costs a company
would incur (or save) if it increases (or decreases) the level of production of
an existing service or group of services. These costs consist of the costs
associated with adjusting future production capacity and reflect forward-looking
technology and operations methods.
54. "MECAB" refers to the Multiple Exchange Carrier Access Billing (MECAB)
document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee of
the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB
document published by Bellcore as Special Report SR-BDS-000983, contains the
recommended guidelines for the billing of an access service provided by two or
more LECS (including a LEC and a C-LEC), or by one LEC in two or more states
within a single LATA.
55. "MECOD" refers to the Multiple Exchange Carriers Ordering and Design
(MECOD) Guidelines for Access Services Industry Support Interface, a document
developed by the Ordering/Provisioning Committee under the auspices of the
Ordering and Billing Forum (OBF), which functions under the auspices of the
Carrier Liaison Committee of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECOD document, published by Bellcore as Special Report,
SR STS-002643, establishes methods for processing orders for access service
which is to be provided by two or more LECs.
56. "Meet-Point Billing" or "MPB" refers to a mutual compensation
arrangement whereby two LECs provide the transport element of a switched access
service to one of the LEC's end office switches, with each LEC receiving an
appropriate share of the transport element revenues as defined by law,
regulatory requirements, this agreement or, where permissible, effective access
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tariffs. MPB concepts are also incorporated in some LEC-toll (intraLATA) mutual
compensation arrangements.
57. "Multiple Xxxx/Multiple Tariff method" means the meet-point billing
method where each LEC (or C-LEC) prepares and renders its own meet point xxxx to
the IXC in accordance with its own tariff for that portion of the jointly
provided switched Access Service which the LEC (or C-LEC) provides. Bellcore's
MECAB document refers to this method as "Multiple Xxxx/Single Tariff."
58. "Mutual Traffic Exchange" means that the sole compensation to a Party
for termination of specified categories of traffic shall be the reciprocal
services provided by the other Party. Each Party shall xxxx its own customers
for such categories of traffic and retain all revenues resulting therefrom.
59. "North American Numbering Plan" or "NANP" is the system of telephone
numbering employed in the United States, Canada, and certain Caribbean
countries.
60. "Network Element" means any facility or equipment used by BellSouth in
the provision of Exchange Services, and all features, functions and capabilities
that are provided by means of such facility or equipment, including numbering
systems, databases, signaling systems, and information sufficient for billing
and collection or used in the transmission, routing or other provision of a
telecommunications service.
61. "Network Management Forum" is a consortium of 160 U.S. and international
carriers and global alliances, including SITA, Unisource and others. Their
objective is to determine specific interoperability needs, so that
manufacturers, of network management equipment will have the detailed technical
specification needed to develop interoperable standards. For the purposes of
this Agreement, both Parties agree to accept the NMF standards and solutions for
OAM&P interconnections.
62. "Numbering Plan Area" or "NPA" is also sometimes referred to as an area
code. This is the three digit indicator which is defined by the "X," "X," and
"C" digits of each "digit" telephone number within the North American Numbering
Plan ("NANP"). Each NPA contains 800 Possible NXX Codes. At present, 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. In some locations, and ultimately with number portability, more
than one area code will be associated with many geographic areas. 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.
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63. "NXX," "NXX Code," "Central Office Code" or "CO Code" is defined by the
"D," "E," and "F" digits of a 10-digit telephone number within the North
American Numbering Plan. Each NXX Code contains 10,000 station numbers.
Historically, entire NXX code blocks have been assigned to specific individual
local exchange end office switches, because, in general, this approach did not
conflict with geographic numbering except as the CO approached number
exhaustion. Where there are multiple COs in the same geographic area, this
assignment method must change. With the advent of end-user telephone number
portability, the usual one-on-one association on an NXX with an end office
switching entity will be severed.
64. "OAM&P" or "Operations, Administration, Maintenance and Provisioning
Functions" are those automated and manual functions which insure quality of
service and least cost planning, management and operations for
telecommunications service providers. These functions, have traditionally been
addressed through the user of operations support, decision support and
administrative support systems, and are now generally in the process of being
integrated under client-server and mainframe network management platforms such
as HP's Open View, IBM's NetView and SUN's various network management product
sets.
65. "OZZ Codes" define FGD call paths through a LEC's access Tandem Office
Switch.
66. "Percent of Interstate Usage" or "PIU" means a factor to be applied to
terminating access services minutes of use to obtain those minutes that should
be rated as interstate access services minutes of use. The numerator includes
all interstate "nonintermediary" minutes of use, including interstate minutes of
use that are forwarded due to service provider number portability less any
interstate minutes of use for Terminating Party Pays services, such as 800
Services. The denominator includes all "nonintermediary", local, interstate,
intrastate, toll and access minutes of use adjusted for service provider number
portability less all minutes attributable to terminating party pays services.
67. "Percent Local Usage" or "PLU" means a factor to be applied to
intrastate terminating minutes of use. The numerator shall include all
"nonintermediary" local minutes of use adjusted for those minutes of use that
only apply local due to Service Provider Number Portability. The denominator is
the total intrastate minutes of use including local, intrastate toll, and
access, adjusted for Service Provider Number Portability less intrastate
terminating party pays minutes of use.
68. "Permanent Number Portability" means the use of a database solution to
provide fully transparent TNP for all customers and all providers without
limitation.
69. "Port" and "Slot" are terms used to describe physical interfaces and
traffic carriage capacity of some network elements. One "port" is needed for
each connection capable of carrying
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one message into or out of the network element to other network elements. One
"slot" is needed within each network element for each message to be handled
simultaneously with other messages. Port categories include, but are not limited
to:
a. "2-wire analog line port" is a line side switch connection employed to
provide basic residential and business type analog telephone services.
b. "2-wire ISDN digital line port" is a set of Basic Rate Interface (BRI)
line side switch connections which actually consists of multiple paths or
interfaces to the switching network (2B + D). It is employed to provide
residential and business type digital telephone services. The port connections
may or may not be the same Central Office switch (network element) that provides
analog services. When ISDN is provisioned as "broadband" ISDN through current
generation digital switches the cost causation is totally different than when
the digital service is provisioned as a set of CO port attachments.
c. "2-wire analog DID trunk port" is a direct inward dialing (DID) trunk
side switch connection employed to provide incoming trunk-side services. Each
port provisioned permits one simultaneous connection to the customer premises
equipment.
d. "4-wire DS-1 digital DID trunk port" is a direct inward dialing (DID)
trunk side switch connection which is time division multiplexed to provide the
equivalent of 24 analog incoming trunk type DID trunk ports.
e. "4-wire DS-1 digital CBWT trunk port" is a trunk side switch
connection which is time division multiplexed to provide the equivalent of 24
analog incoming trunk ports which may be programmed as DID, CBWT, TIE, or
dedicated private trunk circuits.
f. "4-wire ISDN digital DS-1 trunk port" is a Primary Rate Interface
(PRI) trunk side switch connection which is time division multiplexed to provide
the equivalent of 23 digital one or two-way trunk ports and one signalling trunk
port (23 B+D), where the B channels can be programmed as digital DID, CBWT, TIE,
Private Line or Special Access trunk circuits. The port connections may or may
not be the same Central Office switch (network element) that provides analog
services.
70. "Rate Center" currently refers to a specific geographic point,
designated by latitude and longitude, a corresponding V and H coordinate pair,
and an associated geographic area which has heretofore been defined by the
incumbent LEC industry to be associated with switched message telecommunications
services (MTS). Rate centers, sometimes also known as exchange areas, often
determine the regions within which particular classes, features, and pricing for
exchange services are uniformly administered. Each NPA-NXX code combination is
associated with a single rate center, although any one such code may only
service a fraction of the rate center area when the rate
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center areas circumscribes multiple serving wire centers. Where retail MTS
services contain a distance sensitive rate element, the valuation of that
element utilizes the calculated distance between the V and H coordinate pairs of
the originating and terminating rate centers.
71. "Rating Point" means the vertical and horizontal coordinates associated
with a particular telephone number for rating purposes.
72. "Routing Point" traditionally refers to a location which a LEC or CLEC
has designated on its own network as the homing (routing) point for traffic
inbound to Telecommunications Services provided by the LEC 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. At present, Bellcore Practice BR 000-000-000, places the
Routing Point at either an "End Office" location, or a "LEC Consortium Point of
Interconnection." According 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 be any alphanumeric A-Z or 0-9.
Nothing in this Agreement shall be construed to preclude either Party hereto
from establishing its own Routing Points.
73. "Service Control Point" or "SCP" is network element of the common
channel signaling network to which informational requests for service handling,
such as routing, are directed and processed. The SCP is a real-time processor
with a database system that, based on a query from a Service Switching Point
("SSP"), performs software-based common carrier, subscriber or application-
specific service logic, and then sends instructions back to the SSP on how to
continue call processing.
74. "Signal Transfer Point" or "STP" is a network element (presently a
packet switch) that routes signaling messages among Service Switching Points
(SSPs), Service Control Points (SCPs), Signaling Points (SPs) and other network
elements in order to set up calls and to query databases for digital
telecommunications services using CCIS/SS7 and software-based common carrier
telecommunications services.
75. "Software-based Network Elements and Services" refers to those features,
functions and services which are inherent capabilities of the current Central
Office Equipment (e.g., the #5ESS 5E8 or 5E9 software program, or an end-office
or CO-based peripheral processor), and can be activated with relatively minor
cost such as local programming or right to use fees. Examples of such services
include CENTREX, electronic station equipment functions.
76. "Subscriber Traffic" or "Subscriber Call(s)" refers to calls between two
or more telecommunications service users, where both telecommunications services
users bear NPA-NXX designations associated with the same LATA or other
authorized area (e.g., Extended Area Service
ATTACHMENT B
Page 13
Zones in adjacent LATAs). The traditional definition of Subscriber Traffic
includes the traffic types have included as "local calling," "extended area
service (EAS)," and "intraLATA toll."
77. "Switched Access Detail Usage Data" shall mean a category 1101XX record
as defined in the EMR Bellcore Practice BR 0l0-200-O10.
78. "Switched Access Summary Usage Data" shall mean a category 1150XX
record as defined in the EMR Bellcore Practice BR 010-200-O10.
79. "Switched Access Service" means the offering of facilities for the
purpose of the origination or termination of traffic to or from
telecommunications services offered in a given area. Switched Access Services
include: Feature Group A, Feature Group B, Feature Group D, 800 access, and 900
access.
80. "Synchronous Optical Network" or "SONET" is a set of optical interface
standards that allow optical transmission at rates from 51.4 Mbps to 13.22 Gbps.
Synchronous optical network standard is an ultra-high-speed, fiber-optic
transmission standard developed by Bellcore for large-scale, fiber-based digital
transmission networks that use equipment form many different manufacturers. It
is the first telecom industry agreement on standardized interfaces between fiber
optic transmission systems and is well on the way to becoming an international
standard. Because all SONET-compatible devices speak a common language, network
administrators will gain network-wide use of advanced operation and maintenance
systems, regardless of who made individual network components. The SONET
standard is built around a 51.84 Mbps basic communications channel that is
multiplexed upward. SONET line-rate standards now include network bandwidths up
to 2.488 Gbps, a rate equivalent to 48 basic SONET communications channels.
SONET network standards incorporate present-day 1.544 Mbps DS-1 service and 44.6
Mbps DS-3 service as subsets of the 51.84 Mbps SONET basic channel. SONET will
eventually become the primary avenue for transporting broadband ISDN services.
Major network equipment manufacturers are introducing network products claiming
conformity to the SONET standard.
81. "Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in
the form or content of the information as sent or received.
82. "Telecommunications Act of 1996" or "Act" means Public Law 104-104 of
the United States Congress effective February 8, 1996. The Act amended the
Communications Act of 1934 (47, U.S.C. Section 1 et seq.).
83. "Telecommunications Carrier" means any provider of telecommunications
services.
ATTACHMENT B
Page 14
84. "Telecommunications Service" means the offering of telecommunications
for a fee directly to the public, to such classes of users as to be effectively
available to the public, or to telecommunications carriers, regardless of the
facilities used.
85. "Telephone Number Portability" or "TNP" is the means by which BellSouth
allows customers to retain their existing telephone numbers when changing from
one local exchange carrier to another. This service provides transparent
delivery of telephone number capabilities, from a customer standpoint in terms
of call completion, and from a carrier standpoint in terms of compensation,
through the use of call routing, forwarding, and addressing capabilities.
Permanent number portability standards will be set by regulatory action, and
both Parties agree to implementation of permanent number portability at the
earliest possible point in time. The performance and cost of permanent number
portability meets end-user customer or co-carrier expectations on a sustainable
basis. (See also Interim Number Portability and Permanent Number Portability.)
86. "Total Service Long Run Incremental Cost" or "TSLRIC" is the total
additional cost incurred by a telecommunications services provider to produce
the entire quantity of a service, group of services, or basic network functions,
given that the telecommunications services provider already provides all its
other services. TSLRIC is based on the least cost, most efficient technology
that is capable of being implemented at the time the decision to provide the
service is made.
87. "Toll Free Service" means service provided with any dialing sequence
that invokes toll-free (i.e., 800-like) service processing. Toll Free Service
includes calls to the Toll Free Service 800/888 NPA SAC codes.
88. "Transit Calls" or "Intermediary Function" means intraLATA calls (local
and toll) sent between the Parties originating from or terminating to an end
user of a third-party LEC, CLEC, wireless provider, or other carrier or calls
sent between the Parties destined for or originating from an LYC.
89. "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. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching elements, and
cannot be used for the direct connection of ordinary telephone station sets.
Incoming telecommunications services from the trunk to the line-side and for
trunk-side-to-trunk side connections within any switching element should
experience no less than a P.001 blocking probability in the average peak busy
hour of the year, and should meet or exceed this level at all other times. This
is a means to ensure that end-to-end blocking, which is cumulative, does not
exceed a consistent P.02 for all call types in a multi-carrier network.
ATTACHMENT B
Page 15
90. "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
telecommunications services are located. The Parties hereby agree that
interconnection will be available at any wire center which meets any or all
legislative, judicial and regulatory eligibility standards for interconnection.
Interconnection services and access to these interconnections shall not
unreasonably by withheld by either Party on any grounds.
91. "Undefined Terms." The Parties acknowledge that terms may appear in
this Agreement which are not defined and 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.
ATTACHMENT B
Page 16
ATTACHMENT C-1
Unbundled Products and Services and New Services
Service: Virtual Collocation
Description: Virtual Expanded Interconnection Service (VEIS) provides for
location interconnection in collocator-provided/BellSouth leased
fiber optic facilities to BellSouth's switched and special
access services, and local interconnection facilities.
State(s): All
Rates, Terms
and
Conditions: In all states, the rates, terms and conditions will be applied
as set forth in Section 20 of BellSouth Telecommunication's
Inc.'s Interstate Access Service Tariff, F.C.C. No.1.
Service: Physical Collocation
Description: Per FCC (10/19/92 FCC Order, para 39)
Physical Collocation is whereby "the interconnection party pays
for LEC central office space in which to locate the equipment
necessary to terminate its transmission links, and has physical
access to the LEC central office to install, maintain, and
repair this equipment."
State(s): All
Rates, Terms
and
Conditions: In all states, the rates and availability will be as provided in
the "rates for Physical Interconnection" tables which follow.
ATTACHMENT C-1 (cont'd)
RATES FOR PHYSICAL INTERCONNECTION
====================================================================================================================================
Rate Element Application/Description Type of Charge Rate
====================================================================================================================================
Application Fee Applies per arrangement per Nonrecurring Tariff Rates
location (same as virtual)
------------------------------------------------------------------------------------------------------------------------------------
Space Preparation Fee Applies for survey and design of Nonrecurring ICB - See Note 1
space, covers shared building Will not be less than $1800
modification costs - not to exceed $8500 unless
HVAC or power plant update.
If so, rates to be ICB.
------------------------------------------------------------------------------------------------------------------------------------
Space Construction Fee Covers materials and construction Nonrecurring $29,744.00
of optional cage in 100 square See Note 2
foot increments
------------------------------------------------------------------------------------------------------------------------------------
Cable Installation Fee Applies per entrance cable Nonrecurring Tariff Rates
(same as virtual)
------------------------------------------------------------------------------------------------------------------------------------
Floor Space Per square foot, for Zone A and Monthly Recurring $7.50/$6.75
Zone B offices, respectively See Note 3
------------------------------------------------------------------------------------------------------------------------------------
Power Per ampere based on manufacturer's Monthly Recurring $5.14 per ampere
specifications
------------------------------------------------------------------------------------------------------------------------------------
Cable Support Structure Applies per entrance cable Monthly Recurring $13.35 per cable
------------------------------------------------------------------------------------------------------------------------------------
POT Bay Optional Point of Termination Monthly Recurring $1.20/$5.00
bay; rate is per DS1/DS3 cross- See Note 4
connect, respectively
------------------------------------------------------------------------------------------------------------------------------------
Cross-Connects Per DS1/DS3, respectively Monthly Recurring $8.00/$72.48
------------------------------------------------------------------------------------------------------------------------------------
Security Escort First and additional half hour As Required $41.00/25.00 B
increments, per tariff rate in $48.00/$30.00 O
Basic time (B), Overtime (O), $55.00/$35.00 P
and Premium time (P)
====================================================================================================================================
Note 1: Will be determined at the time of the application based on building and
space modification requirements for shared space at the requested CO
Note 2: Applies only to collocators who wish to purchase a steel-gauge cage
enclosure. Carries may also pay $330.00 per square foot for the first
100 square feet and $242.00 for each additional 100 square feet in the
same CO in lieu of space preparation and construction fees. This option
does not apply where HVAC, power plant or both upgrade is required.
Note 3: See attached list for Zone A offices as of May 1996. This list will be
amended monthly.
Note 4: Applies when collocator does not supply their own POT bay.
ATTACHMENT C-1 (cont'd)
BellSouth Zone A Offices - as of May 1996 EX = Exempt from Physical
--------------------------------------------------------------------------------
STATE CITY OFFICE CLLI/
STATUS
--------------------------------------------------------------------------------
AL Birmingham Main & Toll BRHMALMA EX
--------------------------------------------------------------------------------
Montgomery Main & Toll MTGMALMT
--------------------------------------------------------------------------------
Mobile Azalea MOBLALAZ
--------------------------------------------------------------------------------
FL Boca Raton Boca Teeca BCRTFLBT
--------------------------------------------------------------------------------
Fort Lauderdale Main Relief FTLDFLMR
--------------------------------------------------------------------------------
Cypress FTLDFLCY
--------------------------------------------------------------------------------
Plantation FTLDFLPL
--------------------------------------------------------------------------------
Jacksonville Beach Main JCBHFLMA
--------------------------------------------------------------------------------
Jacksonville Arlington JCVLFLAR
--------------------------------------------------------------------------------
Beachwood JCVLFLBW
--------------------------------------------------------------------------------
Clay Street JCVLFLCL
--------------------------------------------------------------------------------
Southpoint JCVLFLJT EX
--------------------------------------------------------------------------------
Normandy JCVLFLNO
--------------------------------------------------------------------------------
Riverside JCVLFLRV
--------------------------------------------------------------------------------
San Xxxx JCVLFLSJ EX
--------------------------------------------------------------------------------
San Marco JCVLFLSM
--------------------------------------------------------------------------------
Westconnett JCVLFLWC
--------------------------------------------------------------------------------
Mandarin Avenues MNDRFLAV EX
--------------------------------------------------------------------------------
Mandarin Loretto MNDRFLLO
--------------------------------------------------------------------------------
Xxxx Xxxx Xxxx Xxxx LKMRFLMA EX
--------------------------------------------------------------------------------
Miami Grande MIAMFLGR
--------------------------------------------------------------------------------
Palmetto MIAMFLPL
--------------------------------------------------------------------------------
Alhambra MIAMFLAE
--------------------------------------------------------------------------------
Bayshore MIAMFLBA
--------------------------------------------------------------------------------
Metro MIAMFLME
--------------------------------------------------------------------------------
Melbourne Main MLBRFLMA
--------------------------------------------------------------------------------
Orlando Magnolia ORLDFLMA
--------------------------------------------------------------------------------
Azalea Park ORLDFLAP
--------------------------------------------------------------------------------
Sand Lake ORLDFLSL
--------------------------------------------------------------------------------
Pinecastle ORLDFLPC
--------------------------------------------------------------------------------
Pinehills ORLDFLPH
--------------------------------------------------------------------------------
West Palm Beach Annex (Main Annex) WPBHFLAN
ATTACHMENT C-1 (cont'd)
--------------------------------------------------------------------------------
GA Athens Athens ATHNGAMA
--------------------------------------------------------------------------------
Atlanta Courtland St ATLNGACS
--------------------------------------------------------------------------------
Peachtree Pl ATLNGAPP
--------------------------------------------------------------------------------
Buckhead ATLNGABU
--------------------------------------------------------------------------------
East Point ATLNGAEP
--------------------------------------------------------------------------------
Toco Hills ATLNGATH
--------------------------------------------------------------------------------
Xxxxx Springs ATLNGASS
--------------------------------------------------------------------------------
Lilburn Lilburn LLBNGAMA
--------------------------------------------------------------------------------
Smyrna Power Ferry SMYRGAPF
--------------------------------------------------------------------------------
Smyrna Main SMYRGAMA
--------------------------------------------------------------------------------
Xxxxxx Xxxxxx Main TUKRGAMA EX
--------------------------------------------------------------------------------
Roswell Roswell Main RSWLGAMA
--------------------------------------------------------------------------------
Norcross Norcross Main NRCRGAMA
--------------------------------------------------------------------------------
Marietta Marietta Main MRRTGAMA
--------------------------------------------------------------------------------
Dunwoody Dunwoody Main DNWDGAMA
--------------------------------------------------------------------------------
Alpharetta Alphareta Main ALPRGAMA
--------------------------------------------------------------------------------
Columbus Columbus Main CLMBGAMT
--------------------------------------------------------------------------------
KY Louisville Armory Place LSVLKYAP EX
--------------------------------------------------------------------------------
Westport Rd LSVLKYWE EX
--------------------------------------------------------------------------------
Beechmont LSVLKYBE
--------------------------------------------------------------------------------
Bardstown Road LSVLKYBR EX
--------------------------------------------------------------------------------
Fern Creek LSVLKYFC
--------------------------------------------------------------------------------
JTown LSVLKYJT
--------------------------------------------------------------------------------
Xxxxxxxx LSVLKYSM
--------------------------------------------------------------------------------
Third Street LSVLKYTS
--------------------------------------------------------------------------------
LA New Orleans Main NWORLAMA
--------------------------------------------------------------------------------
Baton Rouge Main BTRGLAMA
--------------------------------------------------------------------------------
MS Hattiesburg Hattiesburg Main HTBGMSMA
--------------------------------------------------------------------------------
Xxxxxxx Cap Pearl JCSNMSCP
--------------------------------------------------------------------------------
Vicksburg Vicksburg VCBGMSMA
--------------------------------------------------------------------------------
NC Cary Central NARYNCCE
--------------------------------------------------------------------------------
Chapel Xxxx Xxxxxxx CPHLNCRO
--------------------------------------------------------------------------------
Xxxxxxxxx Xxxxxxxx CHRLNCCA
--------------------------------------------------------------------------------
South Boulevard CHRLNCBO
ATTACHMENT C-1 (cont'd)
--------------------------------------------------------------------------------
Xxxxxx CHRLNCDE
--------------------------------------------------------------------------------
Xxxxx CHRLNCER
--------------------------------------------------------------------------------
Lake Point CHRLNCLP
--------------------------------------------------------------------------------
Xxxx CHRLNCRE EX
--------------------------------------------------------------------------------
Sharon Amity CHRLNCSH
--------------------------------------------------------------------------------
University CHRLNCUN EX
--------------------------------------------------------------------------------
Greensboro Xxxxxx St GNBONCEU
--------------------------------------------------------------------------------
Xxxxxxx Xxxxxx RLGHNCMO
--------------------------------------------------------------------------------
New Hope RLGHNCHO
--------------------------------------------------------------------------------
Salisbury Main SLBRNCMA
--------------------------------------------------------------------------------
Winston Salem Fifth Street WNSLNCFI
--------------------------------------------------------------------------------
Ashville X'Xxxxx AHVLNCOH
--------------------------------------------------------------------------------
SC Charleston Dial & Toll CHTNSCDT
--------------------------------------------------------------------------------
Columbia Senate St CLMASCSN EX
--------------------------------------------------------------------------------
At. Xxxxxxx CLMASCSA
--------------------------------------------------------------------------------
Greenville D&T GNVLSCDT
--------------------------------------------------------------------------------
Xxxxxxxx Road GNVLSCWR EX
--------------------------------------------------------------------------------
Spartenburg Main SPBGSCMA
--------------------------------------------------------------------------------
TN Knoxville Main KNVLTNMA
--------------------------------------------------------------------------------
Memphis Bartlett MMPHTNBA
--------------------------------------------------------------------------------
Chickasaw MMPHTNCT
--------------------------------------------------------------------------------
Eastland MMPHTNEL
--------------------------------------------------------------------------------
Germantown MMPHTNGT
--------------------------------------------------------------------------------
Main MMPHTNMA EX
--------------------------------------------------------------------------------
Oakville MMPHTNOA
--------------------------------------------------------------------------------
Southland MMPHTNSL
--------------------------------------------------------------------------------
Nashville Main & Toll NSVLTNMT
--------------------------------------------------------------------------------
Airport NSVLTNAP
--------------------------------------------------------------------------------
Brentwood NSVLTNBW
--------------------------------------------------------------------------------
Crieve Hall NSVLTNCH
--------------------------------------------------------------------------------
Xxxxxxxx NSVLTNDO
--------------------------------------------------------------------------------
Inglewood NSVLTNIN
--------------------------------------------------------------------------------
Sharondale NSVLTNST
--------------------------------------------------------------------------------
University NSVLTNUN
--------------------------------------------------------------------------------
ATTACHMENT C-2
Unbundled Products and Services and New Services
Service: Unbundled Exchange Access Loop
Description: Provides the connection from the serving central office to a
subscriber's premises and is rated on a distance sensitive
basis. It is engineered to meet the same parameters as a
residence or business exchange access line.
BellSouth shall allow DeltaCom to access the following Loop
types (in addition to those Loops available under applicable
tariffs) unbundled from local switching and local transport in
accordance with the terms and conditions set forth herein:
"2-Wire Analog Voice Grade Loops" or "Analog 2W" which support
analog transmission of 300-2000 Hz, repeat loop start, loop
reverse battery, or ground start seizure and disconnect in one
direction (toward the End Office Switch), and repeat ringing in
the other direction (toward the Customer). Analog 2W include
Loops sufficient for the provision of PBX trunks, pay telephone
lines and electronic key system lines. Both "pure copper" and
"Unintegrated Digital Loop Carrier" (ULDC) systems shall be made
available.
"4-Wire Analog Voice Grade Loops" or "Analog 4W" which support
transmission of voice grade signals using separate transmit and
receive paths and terminate in a 4-wire electrical interface.
Both "pure copper" and "Unintegrated Digital Loop Carrier"
(ULDC) systems shall be made available.
"2-Wire ISDN Digital Grade Links" or "BRI ISDN" which support
digital transmission of two 64 kbps bearer channels and one 16
kbps data channel. BRI IDSN is a 2B+D Basic Rate Interface-
Integrated Services Digital Network (BRI-ISDN) Loop which will
meet national ISDN standards.
"2-Wire ADSL-Compatible Loop" or "ADSL 2W" is a transmission
path which facilitates the transmission of up to a 6 Mbps
digital signal downstream (toward the Customer) and up to a 640
kpbs digital signal upstream (away form the Customer) while
simultaneously carrying an analog voice signal. An ADSL-2W is
provided over a 2-Wire non-loaded twisted copper pair
provisioned using revised resistance design guidelines and
meeting ANSI Standard T1.413-1995-007R2. An ADSL-2W
terminates in a 2-wire electrical interface at the
Customer premises and at the BellSouth Central Office
frame.
"2-Wire HDSL-Compatible Loop" or "HDSL 2W" is a
transmission path which facilitates the transmission of a
768 kbps digital signal over a 2-Wire non-loaded twisted
copper pair meeting the specifications in ANSI T1E1
Committee Technical Report Number 28. HDSL compatible
Loops are available only where existing copper facilities
can meet T1E1 Technical Report Number 28 specifications.
"4-Wire HDSL-compatible Loop" or "HDSL 4W" is a
transmission path which facilitates the transmission of a
1.544 Mbps digital signal over two 2-Wire non-loaded
twisted copper pairs meeting the specifications in ANSI
T1E1 Committee Technical Report Number 28. HDSL
compatible Loops are available only where existing copper
facilities can meet the specifications.
"Integrated Digital Loop Carrier" or "Integrated DLC" is
defined in BellCore TR-TSY-00303, "Integrated Digital
Loop Carrier (ILDC) Requirements, Objectives and
Interface."
Rate(s): The Parties hereby agree to submit the issue of
rate structure and rate levels to state commission
arbitration.
State(s): Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North
Carolina, South Carolina, Tennessee
---------------------------------------------------------------------
Rate Elements Monthly Nonrecurring
Charges
---------------------------------------------------------------------
Unbundled Exchange
Access Loop $X.XX $X.XX
Unbundled Exchange
Access IOC
- Fixed $X.XX $X.XX
- 1-8 Miles $X.XX N/A
- 9-25 Miles $X.XX N/A
- Over 25 Miles $X.XX N/A
---------------------------------------------------------------------
ATTACHMENT C-3
Unbundled Products and Services and New Services
Service: Channelization System for Unbundled Exchange Access Loops
Description: This new rate element provides the multiplexing function for
Unbundled Exchange Access Loops. It can convert up to 96 voice
grade loops to DS1 level for connection with the DeltaCom's
point of interface. The multiplexing can be done on a
concentrated basis (delivers at 2 DS1 level to customer
premise) or on a non-concentrated basis (delivers at 4 DSI level
to customer premise) at the option of the customer.
In addition to the following rates elements, 1.544 Mbps local
channel and/or interoffice channel facilities may be required as
set forth in E7 of BellSouth Telecommunication's Inc.'s
Intrastate Access Service Tariff for non-collocated DeltaComs.
Rates: The Parties hereby agree to submit the issue of rate structure
and rate levels to state commission arbitration.
State(s): Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi,
North Carolina, South Carolina, Tennessee
-------------------------------------------------------------------
Monthly Nonrecurring Charges
Rate Elements First Add'l
Unbundled Loop
Channelization System
(DS1 to VG), Per System $X.XX $X. XX N/A
Central Office Channel
Interface (circuit
specific plug-in
equipment), 1 per
circuit $X.XX $X.XX $X.XX
-------------------------------------------------------------------
ATTACHMENT C-4
Unbundled Products and Services and New Services
Service: Unbundled Exchange Ports
Description: An exchange port is the capability derived from the central office
switch hardware and software required to permit end users to
transmit or receive information over BellSouth's public switched
network. It provides service enabling and network features and
functionality such as translations, a telephone number, switching,
announcements, supervision and touch-tone capability.
In addition, a BellSouth provided port with outgoing network
access also provides access to other services such as operator
services, long distance service, etc. It may also be combined with
other services available in BellSouth's Intrastate Access Service
Tariffs as technically feasible.
When an Unbundled Port is connected to BellSouth provided
collocated loops, cross-connection rate elements are required as
set forth in Section 20 of BellSouth Telecommunications, Inc.'s
Interstate Access Tariff, FCC No. 1.
Rates: The Parties hereby agree to submit the issue of rate structure and
rate levels to state commission arbitration.
Alabama Florida Georgia
=================================================================================================================
Rate Elements Rates Per Rate Elements Rates Rate Elements Rate
-----------------------------------------------------------------------------------------------------------------
Monthly Monthly Monthly
Residence Port $X.XX Residence Port $X.XX Residence Port $X.XX
Business Port $X.XX Business Port $X.XX Business Port $X.XX
PBX Trunk Port $X.XX PBX Trunk Port $X.XX PBX Trunk Port $X.XX
Rotary Service $X.XX Rotary Service $X.XX Rotary Service $X.XX
Primary Rate ISDN NAS $X.XX
Usage-Mileage Bands
A (0 miles) $X.XX init. min. Useage-(STS) Usage-(STS)
$X.XX init. min. - init. min. $X.XX - setup per call $X.XX
B (1-10 miles) $X.XX init. min. - add'l min. $X.XX - per minute or
$X.XX init. min. fraction thereof $X.XX
C (11-16 miles) $X.XX init. min.
$X.XX init. min.
D (17-22 miles and existing LCA
described in A3.6 greater than 22 $X.XX init. min.
mi.) $X.XX init. min.
$X.XX init. min.
E (23-30 miles) $X.XX init. min.
$X.XX init. min.
F (31-40 miles) $X.XX init. min.
$X.XX init. min.
G (Special Band) $X.XX init. min.
=================================================================================================================
ATTACHMENT C-4 (cont'd)
Kentucky Louisiana
====================================================================================================================================
Rate Elements Rates Per Rate Elements Rate Per
------------------------------------------------------------------------------------------------------------------------------------
Monthly Monthly
Residence Port $X.XX Residence Port $X.XX
Business Port $X.XX Business Port $X.XX
PBX Trunk Port $X.XX PBX Trunk Port $X.XX
Rotary Service $X.XX Rotary Service $X.XX
Usage-Mileage Bands Usage-Mileage Bands
A (0 miles) $X.XX init. min. O (0 miles) $X.XX init. min.
$X.XX addl. min. $X.XX addl. min.
B (1-10 miles) $X.XX init. min. A (1-10 miles) $X.XX init. min.
$X.XX addl. min. $X.XX addl. min.
C (Greater than 10 miles Limited LCA) $X.XX init. min. B (11-16 miles) $X.XX init. min.
$X.XX addl. min. $X.XX addl. min.
D (1-10 miles beyond Limited LCA) $X.XX init. min. C (17-22 miles) $X.XX init. min.
$X.XX addl. min. $X.XX addl. min.
E (11-16 miles beyond Limited LCA) $X.XX init. min. D (23-30 miles Basic LCA and Intra Parish $X.XX init. min.
$X.XX addl. min. Expanded LCA) $X.XX addl. min.
F (17-22 miles beyond Limited LCA $X.XX init. min.
$X.XX addl. min. E (Greater than 30 miles Basic LCA and $X.XX init. min.
G (23-30 miles beyond Limited LCA) $X.XX init. min. Intra Parish Expanded LCA) $X.XX addl. min.
$X.XX addl. min.
H (31-40 miles beyond Limited LCA) $X.XX init. min. F (23-30 miles Inter-Parish Expanded $X.XX init. min.
$X.XX addl. min. LCA) $X.XX addl. min.
I (Greater than 40 miles beyond Limited $X.XX init. min.
LCA) $X.XX addl. min. G (31-40 miles Inter-Parish Expanded $X.XX init. min.
LCA) $X.XX addl. min.
H (Greater than 40 miles Inter-Parish) $X.XX init. min.
$X.XX addl. min.
====================================================================================================================================
Mississippi N. Carolina S. Carolina
====================================================================================================================================
Rate Elements Rates Per Rate Elements Rate Rate Elements Rate
------------------------------------------------------------------------------------------------------------------------------------
Monthly Monthly Monthly
Residence Port $X.XX Residence Port $X.XX Residence Port $X.XX
Business Port $X.XX Business Port $X.XX Business Port $X.XX
PBX Trunk Port $X.XX PBX Trunk Port $X.XX PBX Trunk Port $X.XX
Rotary Service $X.XX Rotary Service $X.XX Rotary Service $X.XX
Usage-Mileage Bands Usage-(STS) Usage-(STS)
A (0 miles) $X.XX init. min. - init. min. $X.XX - Basic Svc. area $X.XX
$X.XX addl. min. - add'l min. $X.XX - Expanded Svc. area $X.XX
B (1-10 miles) $X.XX init. min.
$X.XX addl. min.
C (11-18 miles, existing LCA
described in A3.6 greater than 16
miles and calls to county seat greater $X.XX init. min.
than 16 miles) $X.XX addl. min.
D (17-30 miles) $X.XX init. min.
$X.XX addl. min.
E (31-55 miles Biloxi LATA) $X.XX init. min.
$X.XX addl. min.
F (31-55 miles Xxxxxxx XXXX) $X.XX init. min.
$X.XX addl. min.
G (56-85 miles Biloxi LATA) $X.XX init. min.
$X.XX addl. min.
====================================================================================================================================
Tennessee
==========================================================
Rate Elements Rates Per
----------------------------------------------------------
Monthly
Residence Port $X.XX
Business Port $X.XX
PBX Trunk Port $X.XX
Rotary Service $X.XX
Usage-Mileage Bands
A (0-16 miles) $0.02
B (17-30 miles) $0.05 mou
C (greater than 30 miles) $0.10 mou
==========================================================
ATTACHMENT C-4 (cont'd)
Special Service Requirements:
1. Switching functionalities in the port element include dialtone,
screening, recognition of service request, recognition of call-
specific information, digit analysis, routing, testing, recordings,
signal generation, call completion or handoff, SSP functionality and
tables, PIC tables, trunk tables, class of service tables, billing
record generation, and AIN tables.
2. DeltaCom's purchase of the port element for a specific switch avails
to it all the features and functionality on that switch.
3. DeltaCom can interconnect loops from any source to the line port(s)
that it purchases on the same terms/conditions/intervals as loops
provided by BellSouth.
4. DeltaCom can use the port element to provide any local exchange
service, including switched access services.
5. Optional functionality to support CLASS/Customer Calling features will
be included with the port element. No additional charges will apply.
6. Functionality to craft Centrex offerings (call transfer, special
dialing, etc.) will be available as part of the port element.
ATTACHMENT C-5
Unbundled Products and Services and New Services
Service: Signaling
Description: Provides for connection to and utilization of BellSouth's
Signaling System 7 network for both call setup and non-call
setup purposes.
State(s): All
Rate(s):
================================================================================================================================
Monthly Recurring Non- Applied
Rate Elements Rate Rate Recurring Per
================================================================================================================================
CCS7 Signaling Connection $155.00 [SYMBOL APPEARS HERE] $51 56 Kpbs facility
CCS7 Signaling Termination $355.00 [SYMBOL APPEARS HERE] 0.00 STP Port
CCS7 Signaling Usage* [SYMBOL APPEARS HERE] $0.000023 [SYMBOL APPEARS HERE] Call Set Up Msg.
[SYMBOL APPEARS HERE] $0.000050 [SYMBOL APPEARS HERE] T-Cap Msg.
CCS7 Signaling Usage Surrogate* $395.00 [SYMBOL APPEARS HERE] [SYMBOL APPEARS HERE] 56 Kpbs facility
[SYMBOL APPEARS HERE]
--------------------------------------------------------------------------------------------------------------------------------
*Where signaling usage measurement capability exists, CCS7 Signaling Usage will be billed on a per signaling message basis.
Where measurement capability does not exist, CCS7 Signaling Usage will be billed on a per 56 Kpbs facility basis.
================================================================================================================================
ATTACHMENT C-6
Unbundled Products and Services and New Services
Service: Line Information Database (LIDB)-Storage Agreement
Description: The LIDB Storage Agreement provides the terms and conditions for
inclusion in BellSouth's LIDB of billing number information
associated with BellSouth exchange lines used for Local Exchange
Companies' resale of local exchange service or Service Provider
Number Portability arrangements requested Local Exchange
Companies' on behalf of the Local Exchange company's end user or
for DeltaCom NXX's stored in BellSouth's LIDB. BellSouth will
store in its database, the relevant billing number information
and will provide responses to on-line, call-by-call queries to
this information for purposes of Billed Number Screening, Calling
Card Validation and Fraud Control.
Each time an DeltaCom's data is used BellSouth will compensate
DeltaCom at a rate of 40% of BellSouth's LIDB Validation rate per
query as displayed in Attachment C-13 following.
State(s): All
Rate(s): No Charge
LINE INFORMATION DATA BASE (LIDB)
STORAGE AGREEMENT
FOR RESOLD LOCAL EXCHANGE LINES, UNBUNDLED LOOPS
AND SERVICE PROVIDER NUMBER PORTABILITY ARRANGEMENTS
This agreement, effective as of _________, 1997, is entered into by and
between BellSouth Telecommunications, Inc. ("BST"), a Georgia corporation, and
________________ ("Local Exchange Company").
WHEREAS, in consideration of the mutual covenants, agreements and
obligations set forth below, the parties hereby agree as follows:
I. SCOPE
This Agreement sets forth the terms and conditions for inclusion in BST's
Line Information Data Base (LIDB) of billing number information associated with
Local Exchange Company's provision (or resale) of local exchange service or
Service Provider Number Portability (SPNP) arrangements requested by Local
Exchange Company on behalf of Local Exchange Company's end user. BST will store
in its data base the relevant billing number information, and BST will provide
responses to on-line, call-by-call queries to this information for purposes
specified below.
LIDB is accessed for:
. Billed Number Screening
. Calling Card Validation for Calling Cards issued by BellSouth
. Fraud Control
II. DEFINITIONS
2.01. Billing number - a number used by BST for the purpose of identifying
an account liable for charges. This number may be a line or a special billing
number.
2.02. Line number - a ten digit number assigned by BST that identifies a
telephone line associated with a resold local exchange service, or with a SPNP
management.
2.03. Special billing number - a ten digit number that identifies a
billing account established by BST in connection with a resold local exchange
service or with a SPNP arrangement.
2.04. Calling Card number - a billing number plus PIN number assigned by
BST.
2.05. PIN number - a four digit security code assigned by BST which is
added to a billing number to compose a fourteen digit calling card number.
2.06. Toll billing exception indicator - associated with a billing number
to indicate that it is considered invalid for billing of collect calls or third
number calls or both, by the Local Exchange Company.
2.07. Billed Number Screening - refers to the activity of determining
whether a toll billing exception indicator is present for a particular billing
number.
2.08. Calling Card Validation - refers to the activity of determining
whether a particular calling card number exists as stated or otherwise provided
by a caller.
2.09. Billing number information - information about billing number or
Calling Card number as assigned by BST and toll billing exception indicator
provided to BST by the Local Exchange Company.
III. RESPONSIBILITIES OF PARTIES
3.01. BST include billing number information associated with resold
exchange lines or SPNP arrangements in its LIDB. The Local Exchange Company will
request any toll billing exceptions via the Local Service Request (LSR) form
used to order resold exchange lines, or the SPNP service request form used to
order SPNP arrangements.
3.02. Under normal operating conditions, BST shall include the billing
number information in its LIDB upon completion of the service order establishing
either the resold local exchange service or the SPNP arrangement, provided that
BST shall not be held responsible for any delay or failure in performance to the
extent such delay or failure is caused by circumstances or conditions beyond
BST's reasonable control. BST will store in its LIDB an unlimited volume of the
working telephone numbers associated with either the resold local exchange lines
or the SPNP arrangements. For resold local exchange lines or for SPNP
arrangements, BST will issue line-based calling cards only in the name of Local
Exchange Company. BST will not issue line-based calling cards in the name of
Local Exchange Company's individual end users. In the event that Local Exchange
Company wants to include calling card numbers assigned by the Local Exchange
Company in the BST LIDB, a separate agreement is required.
3.03. BST will provide responses to on-line, call-by-call queries to the
stored information for the specific purposes listed in the next paragraph.
3.04. BST is authorized to use the billing number information to perform
the following functions for authorized users on an on-line basis:
2
(a) Validate a 14 digit Calling Card number where the first 10
digits are a line number or special billing number assigned by BST, and where
the last four digits (PIN) are a security code assigned by BST.
(b) Determine whether the Local Exchange Company has identified
the billing number as one which should not be billed for collect or third number
calls, or both.
3.05. BST will provide seven days per week, 24 hours per day, fraud
control and detection services. These services include, but are not limited to,
such features as sorting Calling Card Fraud detection according to domestic or
international calls in order to assist the pinpointing of possible theft or
fraudulent use of Calling Card numbers; monitoring xxxx-to-third number and
collect calls made to numbers in BST's LIDB, provided such information is
included in the LIDB query, and establishing Account Specific Thresholds, at
BST's sole discretion, when necessary. Local Exchange Company understands and
agrees BST will administer all data stored in the LIDB, including the data
provided by Local Exchange Company pursuant to this Agreement, in the same
manner as BST's data for BST's end user customers. BST shall not be responsible
to Local Exchange Company for any lost revenue which may result from BST's
administration of the LIDB pursuant to its established practices and procedures
as they exist and as they may be changed by BST in its sole discretion from time
to time.
3.06. Local Exchange Company understands that BST currently has in effect
numerous billing and collection cents with various interexchange carriers and
billing clearing houses. Local Exchange Company further understands that these
billing and collection customers of BST query BST's LIDB to determine whether to
accept various billing options from end users. Additionally, Local Exchange
Company understands that presently BST has no method to differentiate between
BST's own billing and line data in the LIDB and such data which it includes in
the LIDB on Local Exchange Company's behalf pursuant to this Agreement.
Therefore, until such time as BST can and does implement in its LIDB and its
supporting systems the means to differentiate Local Exchange Company's data from
BST's data and the parties to this Agreement execute appropriate amendments
hereto, the following terms and conditions shall apply:
(a) The Local Exchange Company agrees that it will accept
responsibility for telecommunications services billed by BST for its billing and
collection customers for Local Exchange Customer's end user accounts which are
resident in LIDB pursuant to this Agreement Local Exchange Company authorizes
BST to place such charges on Local Exchange Company's xxxx from BST and agrees
that it shall pay all such charges. Charges for which Local Exchange Company
hereby takes responsibility include, but are not limited to, collect and third
number calls.
(b) Charges for such services shall appear on a separate BST xxxx
xxxx identified with the name of the entity for which BST is billing the charge.
(c) Local Exchange Company shall have the responsibility to render
a billing statement to its end users for these charges, but Local Exchange
Company's obligation to pay BST for
3
the charges billed shall be independent of whether Local Exchange Company is
able or not to collect from Local Exchange Company's end users.
(d) BST shall not become involved in any disputes between Local
Exchange Company and the entities for which BST performs billing and collection.
BellSouth will not issue adjustments for charges billed on behalf of an entity
to Local Exchange Company. It shall be the responsibility of the Local Exchange
Company and the other entity to negotiate and arrange for any appropriate
adjustments.
IV. COMPLIANCE
Unless expressly authorized in writing by the Local Exchange Company, all
billing number information provided pursuant to this Agreement shall be used for
no purposes other than those set forth in this Agreement.
V. TERMS
This Agreement will be effective as of ___________, 1997, and will continue
in effect for one year, and thereafter may be continued until terminated by
either Party upon thirty (30) days' written notice to the other Party.
VI. FEES FOR SERVICE AND TAXES
6.01. The Local Exchange Company will not be charged a fee for storage
services provided by BST to the Local Exchange Company, as described in Section
I of this Agreement.
6.02. Sales, use and all other taxes (excluding taxes on BST's income)
determined by BST or any taxing authority to be due to any federal, state or
local taxing jurisdiction with respect to the provision of the service set forth
herein will be paid by the Local Exchange Company. The Local Exchange Company
shall have the right to have BST contest with the imposing jurisdiction, the
Local Exchange Company's expense, any such taxes that the Local Exchange Company
deems are improperly levied.
VII. INDEMNIFICATION
To the extent not prohibited by law, each Party will indemnify the other
and hold the other harmless against any loss, cost, claim, injury, or liability
relating to or arising out of negligence or willful misconduct by the
indemnifying Party or its agents or contractors in connection with the
4
indemnifying Party's provision of services, provided, however, that any
indemnity for any loss, cost, claim, injury or liability arising out of or
relating to errors or omissions in the provision of services under this
Agreement shall be limited as otherwise specified in this Agreement. The
indemnifying Party under this Section agrees to defend any suit brought against
the other Party for any such loss, cost, claim, injury or liability. The
indemnified Party agrees to notify the other Party promptly, in writing, of any
written claims, lawsuits, or demands for which the other Party is responsible
under this Section and to cooperate in every reasonable way to facilitate
defense or settlement of claims. The indemnifying Party shall not be liable
under this Section for settlement by the indemnified Party of any claim,
lawsuits, or demand unless the defense of the claim, lawsuit, or demand has been
tendered to in writing and the indemnifying Party has unreasonably failed to
assume such defense.
VIII. LIMITATION OF LIABILITY
Neither Party shall be liable to the other Party for any lost profits or
revenues or for any indirect, incidental or consequential damages incurred by
the other Party arising from this Agreement or the services formed or not
performed hereunder, regardless of the cause of such loss or damage.
IX. MISCELLANEOUS
9.01. It is understood and agreed to by the parties that BST may provide
similar services to other companies.
9.02. All terms, conditions and operations under this Agreement shall be
performed in accordance with, and subject to, all applicable local, state or
federal legal and regulatory tariffs, rulings, and other requirements of the
federal courts, the U.S. Department of Justice and state and federal regulatory
agencies. Nothing in this Agreement shall be construed to cause either Party to
violate any such legal or regulatory requirement and either Party's obligation
to perform shall be subject to all such requirements.
9.03. The Local Exchange Company agrees to submit to BST all advertising,
sales promotion, press releases, and other publicity matters relating to this
Agreement wherein BST's corporate or trade names, logos, trademarks or service
xxxx or those of BST's affiliated companies are mentioned or language from which
the connection of said names or trademarks therewith may be inferred or implied;
and the Local Exchange Company further agrees not to publish or use advertising,
sales promotions, press releases, or publicity matters related to BST without
BST's prior written approval.
9.04. This Agreement constitutes the entire agreement between the Local
Exchange Company and BST which supersedes all prior agreements or contracts,
oral or written representations, statements, negotiations, understandings,
proposals and understandings with respect to the subject matter hereof.
5
9.05. Except as expressly provided in this Agreement, if any part of this
Agreement is held or construed to be invalid or unenforceable, the validity of
any other Section of this Agreement shall remain in full force and effect to the
extent permissible or appropriate in furtherance of the intent of this
Agreement.
9.06. Neither Party shall be held liable for any delay or failure in
performance of any part of this Agreement for any cause beyond its control and
without its fault or negligence, such as acts of God, acts of civil or military
authority, government regulations, embargoes, epidemics, war, terrorist acts,
riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods,
power blackouts, volcanic action, other major environmental disturbances,
unusually severe weather conditions, inability to secure products or services of
other persons or transportation facilities, or acts or omissions of
transportation common carriers.
9.07. This Agreement shall be deemed to be a contract made under the laws
of the State of Georgia, and the construction, interpretation and performance of
this Agreement and all transactions hereunder shall be governed by the domestic
law of such State.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their fully authorized officers.
BELLSOUTH TELECOMMUNICATIONS, INC.
By: _
Title: _
Date: _
Address: _
SPRINT METROPOLITAN NETWORKS, INC.
By: _
Title: _
Date: _
Address: _
6
ATTACHMENT C-7
Unbundled Products and Services and New Services
Service: Line Information Database Access Service (LIDB) - Validation
Description: Provides a customer the ability to receive validation of billing
information through query of data stored in BellSouth's LIDB data
base. See below for additional information.
State(s): All
===============================================================================
Rate Elements Description Monthly Non-
Recurring
===============================================================================
LIDB Common Transport Provides for transport of the $0.00030 -
customer's query from the LIDB
Location (RSTP) to the data
base (SCP). This charge will
apply each time the customer
requests and receives valida-
tion of a BellSouth calling
card or requests and receives
the status of a billed number
associated with a LEC line
stored in the BellSouth LIDB.
-------------------------------------------------------------------------------
LIDB Validation Provides for query of data $0.03800 -
resident in BellSouth's LIDB.
This rate will apply each time
a customer requests and
receives validation of LEC
calling card or requests and
receives the status of a
billed number associated with
a LEC line stored in BellSouth's
LIDB.
-------------------------------------------------------------------------------
Originating Point Code Provides for the establishment - $91.00
Establishment or Change or change of a customer
requested Originating Point
Code. This charge will apply each
time the customer establishes or
changes a point code destination
identifying one of his locations
or a location of one of his end
users.
-------------------------------------------------------------------------------
CCS7 Signaling Connections Rates, terms and conditions for
CCS7 Signaling Connections are
as set forth in Section E6.8 of
BellSouth Telecommunication's
Inc.'s Intrastate Access
Services Tariff.
===============================================================================
ATTACHMENT C-8
Unbundled Products and Services and New Services
Service: Subscriber Listing Information
Description: Subscriber primary listing information provided at no charge and
in an acceptable format will be published at no charge as
standard directory listings in an alphabetical directory
published by or for BellSouth at no charge to each DeltaCom end
user customer.
States(s): All
Rate(s): (1) No charge for DeltaCom customer primary listings.
(2) Additional listings and optional listings may be provided by
BellSouth at rates set forth in BellSouth's intrastate
General Subscriber Services Tariffs.
Special
Requirements: DeltaCom agrees to execute a directory listing agreement with
BAPCO in a form consistent in all material respects with the
sample listing agreement attached hereto.
ATTACHMENT C-9
Unbundled Products and Services and New Services
Service: Access to 911 Service
Description: Provides a universal, easy-to-remember number which is recognized
nationally as the appropriate number to call in an emergency.
Additionally, DeltaCom must provide a minimum of two dedicated
trunk groups originating from DeltaCom's serving wire center and
terminating to the appropriate 911 tandem. These facilities,
consisting of a Switched Local Channel from DeltaCom's point of
interface to its serving wire center and Switched Dedicated
Transport to the 911 tandem, may be purchased from BellSouth at
the Switched Dedicated Transport rates set forth in Section E6 of
BellSouth Telecommunications Inc.'s Intrastate Access Service
Tariffs.
State(s): All
Rate(s): Will be billed to appropriate municipality.
Special Service Requirements:
1. BellSouth shall provide interconnection to a 911 selective routing
switch to route calls from DeltaCom network to correct the Public
Safety Answering Point (PSAP).
2. BellSouth shall identify any special default arrangements and
routing arrangements to complete overflow.
3. BellSouth shall specify any requirements for emergency backup
numbers in case of massive trunk failures.
4. BellSouth shall provide priority restoral of trunk or network
outages on the same terms/conditions it provides itself (and
without the imposition of TSP).
5. The Parties agree to develop a mutual aid agreement to assist with
disaster recovery.
6. BellSouth shall implement a process to identify and correct errors
to the ALI database to ensure that the accuracy of data stored by
new entrants is no less than its own data.
7. BellSouth shall provide reasonable advance notification of any
pending tandem moves, and scheduled maintenance outages which
could affect the provision of 911 service.
8. BellSouth shall establish a process for the management of NPA
splits as well as NXX splits sufficient to ensure that the
provision of 911 services to DeltaCom is not adversely affected.
ATTACHMENT C-10
Unbundled Products and Services and New Services
Service: Operator Call Processing Access Service
Description: Provides Operator and Automated call handling. This includes
processing and verification of alternate billing information
for collect, calling card, and billing to a third number.
Operator Call Processing Access Service also provides dialing
instructions, and other operator assistance the customer may
desire.
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
Monthly Applied
Rate Elements State(s) Recurring Per
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
Operator Provided Call Handling All Per Work Minute
-------------------------------------------------------------------------------------------------------
Call Completion Access Termination Charge Alabama $0.06 Per Call Attempt
This charge will be applicable per call Florida $0.06 Per Call Attempt
attempt and is in addition to the Georgia $0.06 Per Call Attempt
Operator Provided Call Handling Kentucky $0.06 Per Call Attempt
charge listed above. Louisiana $0.06 Per Call Attempt
Mississippi $0.06 Per Call Attempt
N. Carolina $0.06 Per Call Attempt
S. Carolina $0.06 Per Call Attempt
Tennessee $0.12 Per Call Attempt
-------------------------------------------------------------------------------------------------------
Fully Automated Call Handling All $0.15 Per Attempt
-------------------------------------------------------------------------------------------------------
Operator Services Transport
Operator Services transport rates, terms and conditions are as set forth in E6 of BellSouth
Telecommunication's, Inc.'s Intrastate Access Service Tariff.
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
ATTACHMENT C-11
Unbundled Products and Services and New Services
Service: Directory Assistance Access Service (Number Services)
Description: In order to provide customers of the co-carriers access to
ubiquitous directory assistance services, whereby they can
gain information on all assigned numbers regardless of the
exchange service provider, methods and procedures need to be
developed to 1) incorporate BellSouth and DeltaCom customer
data into each other's directory assistance databases; 2)
provide access to each other database(s) for their customers;
3) to buy and sell companies of each others directory
assistance and use.
State(s): All.
Rate(s):
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
Monthly
Rate Elements Description State(s) Rate
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
Directory Assistance Call Given a listed telephone number at the request of an Access All $0.25
Completion Access Service subscriber's end user, BellSouth will provide or attempt to
provide from the DA Operator System, call completion to the
number requested. This charge will be applied per completed
call.
--------------------------------------------------------------------------------------------------------------------------------
Call Completion Access This charge will be applicable per completed call and is in Alabama $0.06
Termination Charge addition to the DACC Access Service charge listed above. Florida $0.06
Georgia $0.06
Kentucky $0.06
Louisiana $0.06
Mississippi $0.06
N. Carolina $0.08
S. Carolina $0.08
Tennessee $0.12
--------------------------------------------------------------------------------------------------------------------------------
Number Services Intercept Number Services Intercept Access refers calls from discon- All $0.30
Access Service nected numbers to the proper number or numbers. This charge
will be applied per intercept query.
--------------------------------------------------------------------------------------------------------------------------------
Directory Assistance Service Call Rates, terms and conditions will be applied as set forth in
E9.1.7 for Georgia and as set forth in E9.5.3 for AL, FL, KY,
LA, MS, NC, SC, TN of BellSouth Telecommunication's Inc.'s
Intrastate Access Service Tariff.
--------------------------------------------------------------------------------------------------------------------------------
Directory Transport Rates, terms and conditions will be applied as set forth in
E9.1.7 for Georgia and as set forth in E9.5.3 for AL, FL, KY,
LA, MS, NC, SC, TN of BellSouth Telecommunication's, Inc.'s
Intrastate Access Service Tariff.
--------------------------------------------------------------------------------------------------------------------------------
Directory Assistance Rates, terms and conditions will be applied as set forth in
Interconnection E9.1.7 for Georgia and as set forth in E9.5.3 for AL, FL, KY,
LA, MS, NC, SC, TN of BellSouth Telecommunication's Inc.'s
Intrastate Access Service Tariff.
--------------------------------------------------------------------------------------------------------------------------------
Directory Assistance Database Rates, terms and conditions will be applied as set forth in
Service A38.1 of BellSouth Telecommunciation's Inc.'s General Sub-
xxxxxxx Service Tariff.
--------------------------------------------------------------------------------------------------------------------------------
Direct Access to DA Service Rates, terms and conditions will be applied as set forth in
Section 9.3 of BellSouth Telecommunication's Inc.'s Inter-
state Access Service Tariff F.C.C. No. 1.
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
ATTACHMENT C-11 (cont'd)
Special Service Requirements:
1. DA Service hereunder provides the ability to make DeltaCom's data
available to anyone calling BellSouth's DA, and BellSouth's data
available to anyone calling DeltaCom's DA.
2. BellSouth shall store proprietary customer information provided by
DeltaCom in its AA database; such information shall be able to be
identified by source provider in order to provide the necessary
protection of proprietary information.
3. DA Service includes the ability to complete intraLATA, 555 and 411
calls utilizing components of BellSouth's DA network.
4. DeltaCom may resell BellSouth DA either as part of a bundled
DeltaCom service or independently.
5. DeltaCom shall be able to buy the components or any combination of
components, that comprise the DA Service and package them as
required, including:
. Unbundled Directory Platform (includes operators, switch and
LAN)
. Unbundled Directory Assistance Database Access Service
("DADAS")
. Unbundled Directory Assistance Database Service ("DADS")
DADAS and DADS will be offered pursuant to the terms of the
applicable BellSouth Local Interconnection Services Tariff.
6. There will be no charge for BellSouth storage of DeltaCom customer
information in the Directory Assistance Database.
7. The end-to-end interval for updating database must be the same as
provided to BellSouth's end users.
8. BellSouth will provide DeltaCom with an interface into BellSouth's
database for updating and inquiries.
9. Quality standards shall be equivalent to that provided by
BellSouth to its own customers.
10. Speed-to-answer times will be equivalent to that provided by
BellSouth to its own customers.
ATTACHMENT C-11 (cont'd)
Special Service Requirements (cont'd):
11. Dialing parity will be provided, including no unreasonable dialing
delays.
12. BellSouth will incorporate DeltaCom customer data in its DA
database via the ordering process specified in its Facilities-
Based Ordering Guide ("FBOG").
13. BellSouth's DA database shall be updated and maintained with
DeltaCom data for customers who:
. Disconnect
. Change carrier
. Install
. "Change" orders
. Are Non-Published
. Are Non-Listed
. Are Non-Published/Non-Listed
14. Each carrier shall xxxx its own end-users.
15. BellSouth invoices to DeltaCom for DA Services shall be in a CABS
format.
16. The Parties agree to develop reasonable intercompany procedures to
correct errors which are identified in the DA database.
ATTACHMENT C-12
Unbundled Products and Services and New Services
Service: Centralized Message Distribution System-Hosting (CMDS-Hosting)
Description: CMDS - Hosting is the Bellcore administered national system
used to exchange Message Record (EMR) formatted message data
among host companies.
All intraLATA and local messages originated and billed in the
BellSouth Region involving BellSouth CMDS hosted companies
will be processed through the Non-Send Paid Report System
(NSPRS) described in the attached agreement and Attachment C-
13 hereto. BellSouth agrees to provide CMDS/XXX hosting and
NSPRS services for DeltaCom, subject to the terms of this
Attachment and Attachment C-14, and subject to execution of a
services agreement substantially in the form attached hereto.
State(s): All
=========================================================================================
Rate Elements Description Monthly
-----------------------------------------------------------------------------------------
Message Distribution Message Distribution is routing determination and $0.004
subsequent delivery of message data from one
company to another. Also included is the interface
function with CMDS, where appropriate. This charge
is applied on a per message basis.
-----------------------------------------------------------------------------------------
Data Transmission This charge is applied on a per message basis. $0.001
=========================================================================================
CONTRACT PROVISIONS FOR XXX HOSTING AND NSPRS
SECTION 1. SCOPE OF AGREEMENT
1.01 This Agreement shall apply to the services of Revenue Accounting Office
(XXX) Hosting and the Non-Sent Paid Report System (NSPRS) as provided by
BellSouth to DeltaCom. The terms and conditions for the provisions of
these services are outlined in the Exhibits to this Agreement.
SECTION 2. DEFINITIONS
2.01 A. Centralized Message Distribution System is the BellCore administered
---------------------------------------
national system, based in Kansas City, Missouri, used to exchange
Message Record (EMR) formatted data among host companies.
B. Compensation is the amount of money due from BellSouth to DeltaCom or
------------
from DeltaCom to BellSouth for services and/or facilities provided
under this Agreement.
C. Exchange Message Record is the nationally administered standard
-----------------------
format for the exchange of data among Exchange Carriers within the
telecommunications industry.
D. Intercompany Settlements (ICS) is the revenue associated with charges
------------------------------
billed by a company other than the company in whose service are such
charges were incurred. ICS on a national level includes third number
and credit card calls. ICS within the BellSouth region includes third
number, credit card and collect calls.
E. Message Distribution is routing determination and subsequent delivery
--------------------
of message data from one company to another. Also included is the
interface function with CMDS, where appropriate.
F. Non-Sent Paid Report System (NSPRS) is the system that calculates ICS
-----------------------------------
amounts due from one company to another in the state of Florida.
G. Revenue Accounting Office (XXX) Status Company is a local exchange
----------------------------------------------
company/alternate local exchange company that has been assigned a
unique XXX code. Message data exchanged among XXX status companies is
grouped (i.e., packed) according to From/To/Xxxx XXX combinations.
SECTION 3. RESPONSIBILITIES OF THE PARTIES
3.01 XXX Hosting and NSPRS services provided to DeltaCom by BellSouth will be
in accordance with the methods and practices regularly adopted and applied
by BellSouth to its own operations during the term of this Agreement,
including such revisions as may be made from time to time by BellSouth.
3.02 DeltaCom shall furnish all relevant information required by BellSouth for
the provision of XXX Hosting and NSPRS.
SECTION 4. COMPENSATION ARRANGEMENTS
4.01 Applicable compensation amounts will be billed by BellSouth to DeltaCom on
a monthly basis in arrears. Amounts due from one Party to the other
(excluding adjustments) are payable within thirty (30) days of receipt of
the billing statement.
SECTION 5. ASSOCIATED EXHIBITS
5.01 Listed below are the exhibits associated with this Agreement.
Exhibit A Message Distribution Service (XXX Hosting)
Exhibit B Intercompany Settlements (NSPRS)
5.02 From time to time by written agreement of the parties, new Exhibits may be
substituted for the attached Exhibits, superseding and canceling the
Exhibits then in effect.
SECTION 6. TERM OF AGREEMENT
6.01 This agreement is effective _________ and will continue in force until
terminated, with or without cause, by thirty (30) days' prior notice in
writing from either Party to the other. This Agreement may be amended from
time to time upon written agreement of the parties.
Executed this ______ day of ___________, 1997.
WITNESS: SPRINT METROPOLITAN NETWORK, INC.
------------------------ ---------------------------------
(title)
WITNESS: BELLSOUTH TELECOMMUNICATIONS, INC.
-2-
Exhibit A
SECTION 1. SCOPE OF EXHIBIT
1.01 This exhibit specifies the terms and conditions, including compensation,
under which BellSouth shall provide message distribution service to
DeltaCom. As described herein, message distribution service includes the
following:
1) Message Forwarding to Intraregion LEC/ALEC - function of receiving an
ALEC message and forwarding the message to another LEC/ALEC in the
BellSouth region.
2) Message Forwarding to CMDS - function of receiving an ALEC message
and forwarding that message on to CMDS.
3) Message Forwarding from CMDS - function of receiving a message from
CMDS and forwarding that message to DeltaCom.
SECTION 2. RESPONSIBILITIES OF THE PARTIES
2.01 An ALEC that is CMDS hosted by BellSouth must have its own unique XXX
code. Requests for establishment of XXX status where BellSouth is the
selected CMDS interfacing host, require written notification from DeltaCom
to BellSouth at least six (6) weeks prior to the proposed effective date.
The proposed effective date will be mutually agreed upon between the
parties with consideration given to time necessary for the completion of
required BellCore functions. BellSouth will request the assignment of an
XXX code from its connecting contractor, currently BellCore, on behalf of
DeltaCom and will coordinate all associated conversion activities.
2.02 BellSouth will receive messages from DeltaCom that are to be processed by
BellSouth, another LEC/ALEC in the BellSouth region or a LEC outside the
BellSouth region.
2.03 BellSouth will perform invoice sequence checking, standard EMR format
editing, and balancing of message data with the EMR trailer record counts
on all data received from DeltaCom.
2.04 All data received from DeltaCom that is to be processed or billed by
another LEC/ALEC within the BellSouth region will be distributed to that
LEC/ALEC in accordance with the agreement(s) which may be in effect
between BellSouth and the involved LEC/ALEC.
2.05 All data received from DeltaCom that is to be placed on the CMDS network
for distribution outside the BellSouth region will be handled in
accordance with the agreement(s) which may be in effect between BellSouth
and its connecting contractor (currently BellCore).
2.06 BellSouth will receive messages from the CMDS network that are destined to
be processed by DeltaCom and will forward them to DeltaCom on a daily
basis.
2.07 Transmission of message data between BellSouth and DeltaCom will be via
electronic data transmission.
2.08 All messages and related data exchanged between BellSouth and DeltaCom
will be formatted in accordance with accepted industry standards for EMR
formatted records and packed between appropriate EMR header and trailer
records, also in accordance with accepted industry standards.
2.09 DeltaCom will ensure that the recorded message detail necessary to
recreate files provided to BellSouth will be maintained for back-up
purposes for a period of three (3) calendar months beyond the related
message dates.
2.10 Should it become necessary for DeltaCom to send data to BellSouth more
than sixty (60) days past the message date(s), that ALEC will notify
BellSouth in advance of the transmission of the data. If there will be
impacts outside the BellSouth region, BellSouth will work with its
connecting contractor and DeltaCom to notify all affected parties.
2.11 In the event that data to be exchanged between the two parties should
become lost or destroyed, both parties will work together to determine the
source of the problem. Once the cause of the problem has been jointly
determined and the responsible Party (BellSouth or DeltaCom) identified
and agreed to, the company responsible for creating the data (BellSouth or
DeltaCom) will make every effort to have the affected data restored and
retransmitted. If the data cannot be retrieved, the responsible Party will
be liable to the other Party for any resulting lost revenue. Lost revenue
may be a combination of revenues that could not be billed to the end users
and associated access revenues. Both parties will work together to
estimate the revenue amount based upon historical data through a method
mutually agreed upon. The resulting estimated revenue loss will be paid by
the responsible Party to the other Party within three (3) calendar months
of the date of problem resolution, or as mutually agreed upon by the
parties.
-2-
2.12 Should an error be detected by the EMR format edits performed by BellSouth
on data received from DeltaCom, the entire pack containing the affected
data will not be processed by BellSouth. BellSouth will notify DeltaCom of
the error condition. DeltaCom will correct the error(s) and will resend
the entire pack to BellSouth for processing. In the event that an out-of-
sequence condition occurs on subsequent packs, DeltaCom will resend these
packs to BellSouth after the pack containing the error has been
successfully reprocessed by BellSouth.
2.13 In association with message distribution service, BellSouth will provide
DeltaCom with associated intercompany settlements reports (national and
regional) as appropriate.
2.14 In no case shall either Party be liable to the other for any direct or
consequential damages incurred as a result of the obligations set out in
this agreement.
SECTION 3. COMPENSATION
3.01 For message distribution service provided by BellSouth for DeltaCom,
BellSouth shall receive the following as compensation:
Rate Per Message $0.004
3.02 For data transmission associated with message distribution service,
BellSouth shall receive the following as compensation:
Rate Per Message $0.001
3.03 Data circuits (private line or dial-up) will be required between BellSouth
and DeltaCom for the purpose of data transmission. Where a dedicated line
is required, DeltaCom will be responsible for ordering the circuit,
overseeing its installation and coordinating the installation with
BellSouth. DeltaCom will also be responsible for any charges associated
with this line. Equipment required on the BellSouth end to attach the line
to the mainframe computer and to transmit successfully ongoing will be
negotiated on a case by case basis. Where a dial-up facility is required,
dial circuits will be installed in the BellSouth data center by BellSouth
and the associated charges assessed to DeltaCom. Additionally, all message
toll charges associated with the use of the dial circuit by DeltaCom will
be the responsibility of DeltaCom. Associated equipment on the BellSouth
end, including a modem, will be negotiated on a case by case basis between
the parties.
-3-
3.04 All equipment, including modems and software, that is required on DeltaCom
end for the purpose of data transmission will be the responsibility of
DeltaCom.
-4-
Exhibit B
SECTION 1. SCOPE OF EXHIBIT
1.01 This Exhibit specifies the terms and conditions, including compensation,
under which BellSouth and DeltaCom will compensate each other for
Intercompany Settlements (ICS) messages.
SECTION 2. RESPONSIBILITIES OF THE PARTIES
2.01 BellSouth will remit to DeltaCom the revenue, less a billing charge, for
IntraLATA ICS messages, Local ICS messages, and charges for other services
when related messages and/or services are provided by DeltaCom and billed
to:
1) a BellSouth customer,
2) another company within the BellSouth region (excluding Florida)
associated with the exchange of message data with BellSouth
(excluding CIID and 891 messages),
3) another company within the conterminous United States that utilizes
CMDS directly or indirectly and settles with BellSouth directly or
indirectly through the Credit Card and Third Number Settlement System
(CATS) administered by BellCore,
4) another company utilizing the non-conterminous XXX codes associated
with AT&T's Transport and Tracking Intercompany System settlements
with BellSouth.
2.02 These other services include, but are not limited to:
1) Maritime Mobile Radiotelephone Services radio link charges as set
forth in the FCC's Maritime Mobile Radiotelephone Services tariff.
2) Aviation Radiotelephone Service radio link charges as set forth in
the FCC's Aviation Radiotelephone Service tariff.
-5-
3) Public Land Mobile Radiotelephone Transient-Unit Non-Toll Service
[changes] as approved by the authorized state regulatory commission
(or municipal regulatory authority).
4) Non-Toll Service Charges billed to a calling card or to a third
number as filed with and approved by the authorized state regulatory
commission (or municipal regulatory authority).
5) Directory Assistance Call Charges to a calling card or to a third
number as approved by the authorized regulatory commission.
2.03 DeltaCom will xxxx, collect and remit to BellSouth the charges for
intraLATA and/or local ICS messages and other services as described above
where such messages and/or services are provided by:
1) BellSouth,
2) another company with the BellSouth region (excluding Florida)
associated with the exchange of message data with BellSouth
(excluding CIID and 891 messages),
3) another company within the conterminous United States that utilizes
CMDS directly or indirectly and settles with BellSouth directly or
indirectly through the Credit Card and Third Number Settlement System
(CATS).
2.04 For ICS revenues involving DeltaCom and other non-BellSouth LECs/ALECs
within the state, BellSouth will provide DeltaCom with monthly reports
summarizing the ICS revenues for messages that originated with DeltaCom
and were billed by each of the other Florida LECs/ALECs and those messages
that originated with each of the other Florida LECs/ALECs and were billed
by DeltaCom.
SECTION 3. COMPENSATION
3.01 The following compensation shall be retained by the billing company for
the billing of ICS messages and services:
Rate Per Message
----------------
1) Calls originated and billed in Florida or originated
and billed in North Carolina $0.0666
2) Calls originated in any of the states within BellSouth
-6-
region and billed in that same state $0.05
3) Calls originated in a state within BellSouth's
region and billed in another state or originated
in another state and billed in a state within
BellSouth's region $0.05
4) Calls originated in a state within BellSouth's
region and billed outside the conterminous
United States $0.16
-7-
ATTACHMENT C-13
Unbundled Products and Services and New Services
Service: Non-Sent Paid Report System (NSPRS)
Description: NSPRS includes: (1) a mechanized report system that provides to
the BellSouth CMDS hosted companies within the BellSouth Region
information regarding Non-Sent Paid message and revenue occurring
on calls originated and billed within the BellSouth region; (2)
distribution of Bellcore produced Credit Card and Third Number
System (CATS) reports and administration of associated elements;
(3) distribution of Bellcore produced non-conterminous CATS
reports and administration of associated settlements. Subject to
the terms hereof and execution of a services agreement
substantially in the form attached to Attachment C-12, BellSouth
agrees to provide NSPRS services for DeltaCom.
State(s): All
-------------------------------------------------------------------------------
Billing and Collections Applied
Rate Elements Fee Retained by Billing Per
Co.
-------------------------------------------------------------------------------
NSPRS intrastate FL and NC $0.066 message
1X
-------------------------------------------------------------------------------
NSPRS intrastate all other $0.05 message
BellSouth states
-------------------------------------------------------------------------------
NSPRS CATS $0.05 message
-------------------------------------------------------------------------------
NSPRS non-conterminous $0.16 message
-------------------------------------------------------------------------------
-8-
ATTACHMENT D
SERVICE PROVIDER NUMBER PORTABILITY-REMOTE (RCF)
INTERIM COSTS
Monthly Nonrecurring
Rate Charge
------- ------------
Per Number Ported
- Resident/6 paths $1.15 --
- Business/10 paths $2.25 --
Each Additional Path $0.50 --
Per Order,
per end user location -- None
ATTACHMENT E
Service: Service Provider Number Portability - Direct Inward Dialed (DID)*
Description: Service Provider Number Portability (SPNP) is an interim service
arrangement provided by BellSouth to ALECs where by an end user,
who switches subscription to local exchange service from
BellSouth to an ALEC is permitted to retain use of the existing
BellSouth assigned telephone number provided that the end user
remains at the same location.
SPNP-DID provides trunk side access to BellSouth end office
switched for direct inward dialing to ALEC premises from the
telecommunications network directly to lines associated with ALEC
switching equipment.
Interim Rates:
State(s) Alabama Florida
==================================================================================================================================
Monthly Applied Non- Applied Monthly Applied Non- Applied
Rate Elements Recurring For Recurring For Recurring Per Recurring For
==================================================================================================================================
Per Number Ported-Business $0.01 each $1.00 each $0.01 each $1.00 each
Per Number Ported-Residence $0.01 each $1.00 each $0.01 each $1.00 each
Per Order -- -- $25.00 end user -- -- $25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $13.00 trunk $160.00 trunk-init. $15.00 trunk $170.00 trunk-init.
$80.00 trunk-sub $86.00 trunk-sub
DS1 Local Channel** $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport** $23.50 per mile -- -- $16.75 per mile -- --
$90.00 fac. term. $100.49 fac. term. $59.75 fac. term. $100.49 fac. term.
==================================================================================================================================
* Rates are displayed at the DS1-1.544 Mbps level. For rates and charges
applicable to other arrangement levels refer to Section E6 of BellSouth
Telecommunications, Inc.'s Intrastate Access Tariff.
** May not be required if the CLEC is collocated at the ported number end
office.
ATTACHMENT E (cont'd)
State(s) Georgia Kentucky
====================================================================================================================================
Monthly Applied Non- Applied Monthly Applied Non- Applied
Rate Elements Recurring For Recurring For Recurring Per Recurring For
====================================================================================================================================
Per Number Ported-Business $0.01 each $1.00 each $0.01 each $1.00 each
Per Number Ported-Residence $0.01 each $1.00 each $0.01 each $1.00 each
Per Order -- -- $25.00 end user -- -- $25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $14.00 trunk $165.00 trunk-init $13.00 trunk $150.00 trunk-init
$83.00 trunk-sub $80.00 trunk-sub
DS1 Local Channel $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport $23.50 per mile -- -- $23.50 per mile -- --
$90.00 fac. term. $100.49 fac. term. $90.00 fac. term. $100.49 fac. term.
====================================================================================================================================
State(s) Louisiana Mississippi
====================================================================================================================================
Monthly Applied Non- Applied Monthly Applied Non- Applied
Rate Elements Recurring For Recurring For Recurring Per Recurring For
====================================================================================================================================
Per Number Ported-Business $0.01 each $1.00 each $0.01 each $1.00 each
Per Number Ported-Residence $0.01 each $1.00 each $0.01 each $1.00 each
Per Order -- -- $25.00 end user -- -- $25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $13.00 trunk $170.00 trunk-init $13.00 trunk $150.00 trunk-init
$86.00 trunk-sub $80.00 trunk-sub
DS1 Local Channel $133.81 LC $866.97 LC-First $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport $16.75 per mile -- -- $23.50 per mile -- --
$59.75 fac. term. $100.49 fac. term. $90.00 fac. term. $100.49 fac. term.
====================================================================================================================================
ATTACHMENT E (cont'd)
State(s): North South
Carolina Carolina
====================================================================================================================================
Monthly Applied Non- Applied Monthly Applied Non- Applied
Rate Elements Recurring For Recurring For Recurring Per Recurring For
====================================================================================================================================
Per Number Ported-Business $XXX each $XXX each $0.01 each $1.00 each
Per Number Ported-Residence $XXX each $XXX each $0.01 each $1.00 each
Per Order -- -- $XXX end user -- -- $25.00 end user
-- -- -- location -- -- -- location
SPNP-DID Trunk Termination $XXX trunk $XXX trunk-init. $13.00 trunk $164.00 trunk-init.
$XXX trunk-sub $81.00 trunk-sub.
DS1 Local Channel $XXX LC $XXX LC-First $133.81 LC $866.97 LC-First
-- -- $XXX LC-Add'l -- -- $486.83 LC-Add'l
DS1 Dedicated Transport $XXX per mile -- -- $23.50 per mile -- --
$XXX fac. term. $XXX fac. term. $90.00 fac. term $100.49 fac. term.
====================================================================================================================================
State(s): Tennessee
==================================================================================
Monthly Applied Non- Applied
Rate Elements Recurring For Recurring For
==================================================================================
Per Number Ported-Business $0.01 each $1.00 each
Per Number Ported-Residence $0.01 each $1.00 each
Per Order -- -- $25.00 end user
-- -- -- location
SPNP-DID Trunk Termination $13.00 trunk $164.00 trunk-init.
$83.00 trunk-sub.
DS1 Local Channel $133.81 LC $866.97 LC-First
-- -- $486.83 LC-Add'l
DS1 Dedicated Transport $23.50 per mile -- --
$90.00 fac. term. $100.49 fac. term.
==================================================================================
ATTACHMENT F
BLANKET AGENCY AGREEMENT LETTER
I am an official of American Communications Services, Inc. ("DeltaCom") and
am authorized to commit my company to the conditions stated herein:
1. DeltaCom will not submit any requests or inquiries for Resale or
Facility Based local service provisioning under Blanket Agency Agreement
procedures to BellSouth for which it does not have proper authorization from the
End User upon whose behalf service is offered.
2. DeltaCom will instruct its End Users to deal directly with DeltaCom on
all inquiries concerning the Local Service. This may include, but is not limited
to, billing, repair, directory listings, and number portability.
3. DeltaCom is authorized to release all information regarding the End
User's local service to BellSouth.
4. In the event that an End User successfully challenges action taken by
BellSouth as a result of the above mentioned service request, DeltaCom will
indemnify and hold harmless BellSouth for any reasonable damages or losses,
resulting from DeltaCom's preparation and submission of service requests for
which it did not have proper End User authorization.
5. In the event that an End User successfully challenges billing which
resulted from local service requests submitted to BellSouth by DeltaCom under
this Blanket Agency Agreement, then DeltaCom will indemnify and hold harmless
BellSouth for any reasonable damages, losses, and costs, if any, arising from
BellSouth provisioning and maintenance of the End User's local service due to
errors in the ordering of said service by DeltaCom.
6. In the event that an End User disputes actions taken by DeltaCom as a
result of a submission by DeltaCom of a service request for disconnection or
termination of a previously submitted local service request for which it did not
have proper End User authorization, then DeltaCom will indemnify and hold
harmless BellSouth for any reasonable damages, losses, and costs, if any,
resulting from said dispute.
7. This Agreement shall continue in effect unless cancelled by prior
written notice by DeltaCom or BellSouth thirty (30) days' prior to the effective
date of cancellation. Cancellation shall not release or limit any matters
occurring prior to the cancellation of this Blanket Agency Agreement.
- 16 -
