INTERCONNECTION
AGREEMENT
BETWEEN
U S WEST COMMUNICATIONS, INC.
AND
ACI, CORP.
FOR
WASHINGTON
PAGE i
TABLE OF CONTENTS
1. RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
2. SCOPE OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
3. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
4. RATES AND CHARGES GENERALLY. . . . . . . . . . . . . . . . . . . . . . . . . 13
5. RECIPROCAL TRAFFIC EXCHANGE . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.1 SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.2 TRAFFIC TYPES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.3 TYPES OF EXCHANGED TRAFFIC. . . . . . . . . . . . . . . . . . . . . . . . 14
5.4 RATE STRUCTURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.5 LIS INTERFACE CODE AVAILABILITY AND OPTIONAL FEATURES . . . . . . . . . . 18
5.6 MEASURING LOCAL INTERCONNECTION MINUTES . . . . . . . . . . . . . . . . . 19
5.7 TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
5.8 ORDERING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5.9 BILLING ARRANGEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5.10 MILEAGE MEASUREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.11 CONSTRUCTION CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6. INTERCONNECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6.1 DEFINITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6.2 MID-SPAN MEET POI . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6.3 COLLOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6.4 ENTRANCE FACILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6.5 QUALITY OF INTERCONNECTION. . . . . . . . . . . . . . . . . . . . . . . . 23
6.6 POINTS OF INTERFACE (POI) . . . . . . . . . . . . . . . . . . . . . . . . 23
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TABLE OF CONTENTS
6.7 TRUNKING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6.8 INTERCONNECTION FORECASTING . . . . . . . . . . . . . . . . . . . . . . . 25
6.9 SERVICE INTERRUPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7. COLLOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7.1.1 DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7.2. TERMS AND CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.3. RATE ELEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
7.4. ORDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
7.5. BILLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
7.6. MAINTENANCE AND REPAIR . . . . . . . . . . . . . . . . . . . . . . . . . 41
8. UNBUNDLED ACCESS/ELEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 42
8.1 GENERAL TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
8.2 DESCRIPTION OF UNBUNDLED ELEMENTS . . . . . . . . . . . . . . . . . . . . 43
9. ANCILLARY SERVICES AND ARRANGEMENTS . . . . . . . . . . . . . . . . . . . . . 50
9.1 SIGNALING ACCESS TO CALL-RELATED DATABASES. . . . . . . . . . . . . . . . 50
9.2 INTERIM NUMBER PORTABILITY. . . . . . . . . . . . . . . . . . . . . . . . 51
9.3 911/E-911 SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
9.4 DIRECTORY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . 60
9.5 WHITE PAGES DIRECTORY LISTINGS. . . . . . . . . . . . . . . . . . . . . . 60
9.6 BUSY LINE VERIFY AND BUSY LINE INTERRUPT SERVICES . . . . . . . . . . . . 63
9.7 TOLL AND ASSISTANCE OPERATOR SERVICES . . . . . . . . . . . . . . . . . . 64
9.8 INTERCONNECTION TO LINE INFORMATION DATA BASE (LIDB). . . . . . . . . . . 65
9.9 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY . . . . . . . . . . . 66
9.10 MISCELLANEOUS ANCILLARY SERVICES.. . . . . . . . . . . . . . . . . . . . 66
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10. ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) . . . . . . . . . . . . . . . . . 66
10.1 OPERATIONAL SYSTEMS INTERFACES - INTERFACE IMPLEMENTATION TIMETABLE 66
10.2 OSS INTERFACE DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . . 67
10.3 ACCESSIBLE OSS FUNCTIONS . . . . . . . . . . . . . . . . . . . . . . . . 67
10.4 BILLING INTERFACES . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
10.5 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
11. RESALE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
11.1 DESCRIPTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
11.2 SCOPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
11.3 ORDERING AND MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . 74
11.4 ACI RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . 77
11.5 RATES AND CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
11.6 COLLATERAL AND TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . 80
11.7 DIRECTORY LISTINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
11.8 BILLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
11.9 DEPOSIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
11.10 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
12. ACCESS TO TELEPHONE NUMBERS . . . . . . . . . . . . . . . . . . . . . . . . . 83
12.1 NUMBER RESOURCES ARRANGEMENTS. . . . . . . . . . . . . . . . . . . . . . 83
13. DIALING PARITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
14. U S WEST DEX ISSUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
15. ACCESS TO DATABASES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
16. NOTICE OF CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
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TABLE OF CONTENTS
17. REFERRAL ANNOUNCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
18. COORDINATED REPAIR CALLS. . . . . . . . . . . . . . . . . . . . . . . . . . . 85
19. BONA FIDE REQUEST PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . 85
20. AUDIT PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
21. AUDIOTEXT AND MASS ANNOUNCEMENT SERVICES. . . . . . . . . . . . . . . . . . . 89
22. LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING . . . . . . . . . . . . . . . 89
23. CONSTRUCTION CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
24. SERVICE PERFORMANCE RESULTS . . . . . . . . . . . . . . . . . . . . . . . . . 91
25. IMPLEMENTATION SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
26. MISCELLANEOUS TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
26.1 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
26.2 TERM OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
26.3 PAYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
26.4 TAXES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
26.5 FORCE MAJEURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
26.6 LIMITATION OF LIABILITY. . . . . . . . . . . . . . . . . . . . . . . . . 97
26.7 INDEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
26.8 INTELLECTUAL PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . 99
26.9 WARRANTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101
26.10 ASSIGNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101
26.11 DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
26.12 DISCLAIMER OF AGENCY. . . . . . . . . . . . . . . . . . . . . . . . . .102
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TABLE OF CONTENTS
26.13 SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
26.14 NONDISCLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
26.15 SURVIVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104
26.16 DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . .104
26.17 CONTROLLING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
26.18 JOINT WORK PRODUCT. . . . . . . . . . . . . . . . . . . . . . . . . . .105
26.19 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION. . . . . . . . . . . . .105
26.20 NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
26.21 RESPONSIBILITY OF EACH PARTY. . . . . . . . . . . . . . . . . . . . . .106
26.22 NO THIRD PARTY BENEFICIARIES. . . . . . . . . . . . . . . . . . . . . .106
26.23 REFERENCED DOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . .106
26.24 PUBLICITY AND ADVERTISING . . . . . . . . . . . . . . . . . . . . . . .107
26.25 AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107
26.26 EXECUTED IN COUNTERPARTS. . . . . . . . . . . . . . . . . . . . . . . .107
26.27 HEADINGS OF NO FORCE OR EFFECT. . . . . . . . . . . . . . . . . . . . .107
26.28 CANCELLATION CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . .107
26.29 REGULATORY APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . .107
26.30 COMPLIANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
26.31 COMPLIANCE WITH THE COMMUNICATIONS LAW ENFORCEMENT ACT OF 1994
("CALEA") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
26.32 COOPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
26.33 ENTIRE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . .108
PAGE vi
INTERCONNECTION AGREEMENT
This Interconnection Agreement, made as of the 3rd day of June, 1998, is
between ACI, CORP. ("ACI"), a Delaware corporation and U S WEST COMMUNICATIONS,
INC. ("USWC"), a Colorado corporation.
1. RECITALS
1.1 Pursuant to this Interconnection Agreement ("Agreement"), ACI,
Corp. ("ACI"), a Competitive Local Exchange Carrier and USWC
(collectively, "the Parties") will extend certain arrangements
to one another within each LATA in which they both operate
within the state of Washington. This Agreement includes
terms, conditions, and prices for network interconnection,
access to unbundled network elements, ancillary network
services, and retail services available for resale. It will be
submitted to the Washington Utilities and Transportation
Commission. Notwithstanding this mutual commitment, however,
the Parties enter into this Agreement without prejudice to any
positions they have taken previously, or may take in the future
in any legislative, regulatory, or other public forum
addressing any matters, including matters related to the types
of arrangements prescribed by this Agreement.
2. SCOPE OF AGREEMENT
2.1 This Agreement sets forth the terms, conditions and prices
under which USWC agrees to provide (a) services for resale
(hereinafter referred to as "Local Services") (b) certain
unbundled network elements, ancillary functions and additional
features to ACI (hereinafter collectively referred to as
"Network Elements"). The Agreement also sets forth the terms,
conditions and prices under which the Parties agree to provide
interconnection and reciprocal compensation for the exchange of
local traffic between USWC and ACI for purposes of offering
telecommunications services. Unless otherwise provided in this
Agreement, the Parties will perform all of their obligations
hereunder throughout, to the extent provided in the Appendices
attached hereto. The Agreement includes all accompanying
Appendices.
2.2 In the performance of their obligations under this Agreement,
the Parties shall act in good faith and consistently with the
intent of the Act. Where notice, approval or similar action by
a Party is permitted or required by any provision of this
Agreement, (including, without limitation, the obligation of
the Parties to further negotiate the resolution of new or open
issues under this Agreement) such action shall not be
unreasonably delayed, withheld or conditioned.
PAGE 7
3. DEFINITIONS
3.1 "Access Service Request" or "ASR" means the industry standard
forms and supporting documentation used for ordering Access
Services. The ASR will be used to order trunking and
facilities between ACI and USWC for Local Interconnection
Service.
3.2 "Access Services" refers to the tariffed interstate and
intrastate switched access and private line transport services
offered for the origination and/or termination of interexchange
traffic (see each Party's appropriate state and interstate
access tariffs).
3.3 "Act" means the Communications Act of 1934 (47 U.S.C. 151 et.
seq.), as amended by the Telecommunications Act of 1996, and as
from time to time interpreted in the duly authorized rules and
regulations of the FCC or a Commission within its state of
jurisdiction.
3.4 "Automatic Number Identification" or "ANI" means a Feature
Group D signaling parameter which refers to the number
transmitted through a network identifying the billing number of
the calling party.
3.5 "Basic Exchange Switched Features" are optional end user
switched services that 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; Selective Call Rejection.
3.6 "Basic Exchange Telecommunications Service" means 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 switched
telecommunications network. Basic residence and business line
services are Basic Exchange Telecommunications Services. As
used solely in the context of this statement and unless
otherwise agreed, Basic Exchange Telecommunications Service
includes access to ancillary services such as 911, directory
assistance and operator services.
3.7 "BLV/BLVI Traffic" means an operator service call in which the
caller inquires as to the busy status of or requests an
interruption of a call on another end user's Basic Exchange
Telecommunications Service line.
3.8 "Calling Party Number" or "CPN" is a Common Channel Signaling
("CCS") parameter which refers to the number transmitted
through a network identifying the calling party. Reference
Technical Pub. 77342.
3.9 "Central Office Switch" means a switch used to provide
telecommunications services, including, but not limited to:
PAGE 8
3.9.1 "End Office Switches" which are used to terminate end
user station loops for the purpose of interconnecting
to each other and to trunks; and
3.9.2 "Tandem Office Switches" which are used to connect and
switch trunk circuits between and among other Central
Office Switches. Access tandems provide connections
for exchange access and toll traffic while local
tandems provide connections for local/EAS traffic.
3.10 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment
necessary for Interconnection or for access to Network Elements
on an unbundled basis which has been installed and maintained
at the premises of a second Party (the "Housing Party").
Collocation may be "physical" or "virtual". In "Physical
Collocation," the Collocating Party installs and maintains its
own equipment in the Housing Party's premises. In "Virtual
Collocation," the Housing Party installs and maintains the
Collocating Party's equipment in the Housing Party's premises.
3.11 "Commission" means the Public Utilities Commission of _________
3.12 "Common Channel Signaling" or "CCS" means a method of digitally
transmitting call set-up and network control data over a
special signaling network fully separate from the public voice
switched network elements that carry the actual call. The CCS
used by the Parties shall be Signaling System 7.
3.13 "Co-Provider" means an entity authorized to provide Local
Exchange Service that does not otherwise qualify as an
incumbent Local Exchange Carrier ("LEC").
3.14 "Digital Signal Level" means one of several transmission rates
in the time division multiplexing hierarchy.
3.15 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level
signal in the time-division multiplex hierarchy.
3.16 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps
first-level signal in the time-division multiplex hierarchy.
In the time-division multiplexing hierarchy of the telephone
network, DS1 is the initial level of multiplexing.
3.17 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps
third-level in the time-division multiplex hierarchy. In the
time-division multiplexing hierarchy of the telephone network,
DS3 is defined as the third level of multiplexing.
3.18 "Exchange Message Record" or "EMR" is the standard used for
exchange of telecommunications message information between
telecommunications providers for billable, non-billable,
sample, settlement and study data. EMR format is contained in
BR-010-200-010 XXXX Exchange Message Record, a
PAGE 9
Bellcore document that defines industry standards for exchange
message records.
3.19 "Extended Area Service (EAS)/Local Traffic" means traffic that
is originated by an end user of one Party and terminates to an
end user of the other Party as defined in accordance with
USWC's then current EAS/local serving areas, as determined by
the Commission.
3.20 "Integrated Digital Loop Carrier" means a subscriber loop
carrier system, which integrates within the switch at a DS1
level (twenty-four (24) local Loop transmission paths combined
into a 1.544 Mbps digital signal).
3.21 "Interconnection" is the linking of the USWC and Co-Provider
networks for the mutual exchange of traffic and for Co-Provider
access to unbundled Network Elements. Interconnection does not
include the transport and termination of traffic.
Interconnection is provided by Virtual or Physical Collocation,
entrance facilities or Mid-Span Meet arrangements.
3.22 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or IntraLATA Toll services.
3.23 "IntraLATA Toll" is defined in accordance with USWC's current
intraLATA toll serving areas, as determined by the Commission.
3.24 "Local Loop Transmission" or "Loop" means the entire
transmission path which extends from the network interface or
demarcation point at an end user's premises to the Main
Distribution Frame or other designated frame or panel in a
Party's Wire Center which serves the end user.
3.25 "Main Distribution Frame" or "MDF" means the distribution frame
of the Party providing the Loop used to interconnect cable
pairs and line and trunk equipment terminals on a switching
system.
3.26 "MECAB" refers to the Multiple Exchange Carrier Access Billing
(MECAB) document prepared by the Billing Committee of the
Ordering and Billing Forum (OBF), that functions under the
auspices of the Carrier Liaison Committee of the Alliance for
Telecommunications Industry Solutions. 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
Co-Provider) or by one LEC in two or more states within a
single LATA.
3.27 "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), that functions under the
auspices of the Carrier Liaison Committee of the Alliance for
Telecommunications Industry Solutions. The MECOD document,
published by
PAGE 10
Bellcore as Special Report SR STS-002643, establishes
recommended guidelines for processing orders for Access Service
that is to be provided by two or more LECs (including a LEC and
a Co-Provider). It is published by Bellcore as SRBDS 00983.
3.28 "Meet-Point Billing" or "MPB" refers to an arrangement whereby
two LECs (including a LEC and Co-Provider) jointly provide
Switched Access Service to an Interexchange Carrier, with each
LEC (or Co-Provider) receiving an appropriate share of the
transport element revenues as defined by their effective access
tariffs.
3.29 "Mid-Span Meet" is a Point of Interconnection between two
networks, designated by two Telecommunications Carriers, at
which one carrier's responsibility for service begins and the
other carrier's responsibility ends.
3.30 "North American Numbering Plan" or "NANP" means the numbering
plan used in the United States that also serves Canada,
Bermuda, Puerto Rico and certain Caribbean Islands. The NANP
format is a 10-digit number that consists of a 3-digit NPA code
(commonly referred to as the area code), followed by a 3-digit
NXX code and 4-digit line number.
3.31 "NXX" means the fourth, fifth and sixth digits of a ten-digit
telephone number.
3.32 "Party" means either USWC or ACI and "Parties" means USWC and
ACI.
3.33 "Point of Interface", "Point of Interconnection", or "POI" is a
mutually agreed upon point of demarcation where the exchange of
traffic between two LECs (including a LEC and a Co-Provider)
takes place.
3.34 "Port" means a termination on a Central Office Switch that
permits end users to send or receive telecommunications
services over the public switched network, but does not include
switch features or switching functionality.
3.35 "Rate Center" means the specific geographic point and
corresponding geographic area which are associated with one or
more particular NPA-NXX codes which have been assigned to a LEC
(or Co-Provider) for its provision of basic exchange
telecommunications services. The "rate center point" is the
finite geographic point identified by a specific V & H
coordinate, which is used to measure distance-sensitive end
user traffic to/from, the particular NPA-NXX designations
associated with the specific Rate Center. The "rate center
area" is the exclusive geographic area identified as the area
within which the LEC (or Co-Provider) will provide Basic
Exchange Telecommunications Service bearing the particular
NPA-NXX designations associated with the specific Rate Center.
The Rate Center point must be located within the Rate Center
area.
3.36 "Reseller" is a category of local exchange service provider
that obtains dial tone and associated telecommunications
services from another provider through the purchase of bundled
finished services for resale to its end users.
PAGE 11
3.37 "Routing Point" means a location that a LEC or Co-Provider has
designated on its own network as the homing (routing) point for
traffic, bearing a certain NPA-NXX designation, that is inbound
to Basic Exchange Telecommunications Services provided by the
LEC or Co-Provider. The Routing Point is employed to calculate
mileage measurements for the distance-sensitive transport
element charges of Switched Access Services. Pursuant to
Bellcore Practice BR 000-000-000, the Routing Point may be an
"End Office" location, or a "LEC Consortium Point of
Interconnection". Pursuant to that same Bellcore Practice,
examples of the latter shall be designated by a common language
location identifier (CLLI) code with (x)KD in positions 9, 10,
11, where (x) may be any alphanumeric A-Z or 0-9. The above
referenced Bellcore document refers to the Routing Point as the
Rating Point. The Rating Point/Routing Point must be located
within the rate center area.
3.38 "Service Control Point" or "SCP" means a signaling end point
that acts as a database to provide information to another
signaling end point (i.e., Service Switching Point or another
SCP) for processing or routing certain types of network calls.
A query/response mechanism is typically used in communicating
with an SCP.
3.39 "Signaling Transfer Point" or "STP" means a signaling point
that performs message routing functions and provides
information for the routing of messages between signaling end
points. An STP transmits, receives and processes Common
Channel Signaling ("CCS") messages.
3.40 "Switched Access Service" means the offering of transmission or
switching services to Telecommunications Carriers for the
purpose of the origination or termination of telephone toll
service. Switched Access Services include: Feature Group A,
Feature Group B, Feature Group D, 800/888 access, and 900
access and their successors or similar Switched Access
services.
3.41 "Tariff" as used throughout this Agreement refers to USWC
interstate tariffs and state tariffs, price lists, price
schedules and catalogs.
3.42 "Telecommunications Carrier" means any provider of
telecommunications services, except that such term does not
include aggregators of telecommunications services (as defined
in Section 226 of the Act). A Telecommunications Carrier shall
be treated as a common carrier under the Act only to the extent
that it is engaged in providing telecommunications services,
except that the Commission shall determine whether the
provision of fixed and mobile satellite service shall be
treated as common carriage.
3.43 "Traffic Type" is the characterization of intraLATA traffic as
"local" (local includes EAS), or "toll" which shall be the same
as the characterization established by the appropriate state
commission for the incumbent LEC.
PAGE 12
3.44 "Wire Center" denotes a building or space within a building,
that serves as an aggregation point on a given carrier's
network, where transmission facilities are connected or
switched. Wire Center can also denote a building where one or
more Central Offices, used for the provision of Basic Exchange
Telecommunications Services and Access Services, are located.
However, for purposes of Collocation Service, Wire Center shall
mean those points eligible for such connections as specified in
the FCC Docket No. 91-141, and rules adopted pursuant thereto.
3.45 Terms not otherwise defined here, but defined in the Act or in
regulations implementing the Act, shall have the meaning
defined there.
4. RATES AND CHARGES GENERALLY
4.1 Prices for termination and transport of traffic,
Interconnection, access to unbundled Network Elements, and
ancillary services are set forth in Appendix A.
4.2 USWC's wholesale discounts for resale services are set forth in
Appendix A.
4.3 The underlying provider of a resold service shall be entitled
to receive, from the purchaser of Switched Access, the
appropriate access charges pursuant to its then effective
Switched Access Tariff.
5. RECIPROCAL TRAFFIC EXCHANGE
5.1 SCOPE
Reciprocal traffic exchange addresses the exchange of traffic
between ACI end users and USWC end users. If such traffic is
local, the provisions of this Agreement shall apply. Where
either Party acts as an IntraLATA Toll provider or interLATA
Interexchange Carrier (IXC) or where either Party interconnects
and delivers traffic to the other from third parties, each
Party shall xxxx such third parties the appropriate charges
pursuant to its respective tariffs or contractual offerings for
such third party terminations. Absent a separately negotiated
agreement to the contrary, the Parties will directly exchange
traffic between their respective networks, without the use of
third party transit providers.
5.2 TRAFFIC TYPES
The Traffic Types to be exchanged under this Agreement include:
5.2.1 EAS/Local Traffic as defined above.
5.2.2 IntraLATA Toll traffic as defined above.
PAGE 13
5.2.3 Switched Access traffic, or interLATA toll traffic, as
specifically defined in USWC's state and interstate
Switched Access Tariffs, and generally identified as
that traffic that originates at one of the Party's end
users and terminates at an IXC point of presence, or
originates at an IXC point of presence and terminates
at one of the Party's end users, whether or not the
traffic transits the other Party's network.
5.2.4 Transit traffic is any traffic other than Switched
Access, that originates from one Telecommunications
Carrier's network, transits another Telecommunications
Carrier's network, and terminates to yet another
Telecommunications Carrier's network.
Transit service provides the ability for a
Telecommunications Carrier to use its connection to a
local or access tandem for delivery of calls that
originate with a Telecommunications Carrier and
terminate to a company other than the tandem company,
such as another Co-Provider, an existing LEC, or a
wireless carrier. In these cases, neither the
originating nor terminating end user is a customer of
the tandem Telecommunications Carrier. The tandem
Telecommunications Carrier will accept traffic
originated by a Party and will terminate it at a Point
of Interconnection with another local, intraLATA or
interLATA network Telecommunications Carrier. This
service is provided through local and access tandem
switches.
5.2.5 Ancillary traffic includes all traffic destined for
ancillary services, or that may have special billing
requirements, including, but not limited to the
following:
5.2.5.1 Directory Assistance
5.2.5.2 911/E911
5.2.5.3 Operator call termination (busy line
interrupt and verify)
5.2.5.4 800/888 database dip
5.2.5.5 LIDB
5.2.5.6 Information services requiring special
billing.
5.2.6 Unless otherwise stated in this Agreement, ancillary
traffic will be exchanged in accordance with whether
the traffic is EAS/Local, IntraLATA Toll, or Switched
Access.
5.3 TYPES OF EXCHANGED TRAFFIC
5.3.1 Termination of Local Traffic.
Local traffic will be terminated as Local
Interconnection Service (LIS).
5.3.2 Transport of Local Traffic
PAGE 14
As negotiated between the Parties, the exchange of
local traffic between the Parties may occur in several
ways:
5.3.2.1 While the Parties anticipate the use of two
way trunks for the delivery of local traffic,
either Party may elect to provision its own
one-way trunks for delivery of local traffic
to be terminated on the other Party's
network.
5.3.2.2 The Parties may elect to purchase transport
services from each other or from a third
party. Such transport delivers the
originating Party's local traffic to the
terminating Party's end office or tandem for
call termination. Transport may be purchased
as either tandem switched transport or direct
trunk transport.
5.3.2.3 Based on forecasted traffic at ACI's busy
hour in CCS, where there is a DS1's worth of
traffic (512 CCS) between the ACI switch and
a USWC end office, the traffic will be moved
to a dedicated (i.e., direct) trunk group
from the ACI switch directly to the USWC end
office. To the extent that ACI has
established a collocation arrangement at a
USWC end office location, and has available
capacity, the Parties agree that ACI shall
provide two-way direct trunk facilities, when
required, from that end office to the ACI
switch. In all other cases, the direct
facility may be provisioned by USWC or ACI or
a third party. If both ACI and USWC desire
to provision the facility and cannot
otherwise agree, the Parties may agree to
resolve the dispute through the submission of
competitive bids.
5.3.3 Transit Traffic.
5.3.3.1 USWC will accept traffic originated by ACI
and will terminate it at a Point of
Interconnection with another Co-Provider,
LEC, IXC, or wireless carrier. USWC will
provide this transit service through local
and access tandem switches. ACI may also
provide USWC with transit service.
5.3.3.2 To the extent technically feasible, the
Parties involved in transporting transit
traffic will deliver calls to each involved
network with CCS/SS7 protocol and the
appropriate ISUP/TCAP message to facilitate
full interoperability and billing functions.
In all cases, the originating company is
responsible to follow the EMR standard and to
exchange records with both the transiting
company and the terminating company, to
facilitate the billing process to the
originating network.
PAGE 15
5.3.3.3 The Parties will use industry standards
developed to handle the provision and billing
of Switched Access by multiple providers
(MECAB, MECOD and the Parties' FCC tariffs),
including the one-time provision of
notification to ACI of the billing name,
billing address and carrier identification
codes of all Interexchange Carriers
originating or terminating at each USWC
access tandem.
5.3.4 Toll Traffic.
Toll traffic routed to an access tandem, or directly
routed to an end office, will be terminated as Switched
Access Service. Traffic terminated at the access
tandem will be routed to the end offices within the
LATA that subtend the USWC access tandem switch.
Switched Access Service also allows for termination at
an end office or tandem via direct trunked circuits
provisioned either by USWC or ACI.
5.4 RATE STRUCTURE
5.4.1 Local Traffic
5.4.1.1 Call Termination
5.4.1.1.1 The Parties agree that call
termination rates as
described in Appendix A
will apply reciprocally for
the termination of
EAS/Local traffic per
minute of use. If the
exchange of EAS/Local
traffic between the Parties
is within +/- 5% of balance
(as measured monthly), the
Parties agree that their
respective call termination
charges will offset one
another, and no
compensation will be paid.
The Parties agree to
perform monthly joint
traffic audits, based upon
mutually agreeable
measurement criteria and
auditing standards. In the
event that the exchange of
traffic is not in balance
as described above, the
call termination charges in
Appendix A will apply.
5.4.1.1.2 For traffic terminated at a
USWC or ACI end office, the
end office call termination
rate in Appendix A shall
apply.
5.4.1.1.3 For traffic terminated at a
USWC or ACI tandem switch,
the tandem switched rate
and the tandem transmission
rate in Appendix A shall
apply in addition to the
end office call termination
rate described above.
PAGE 16
5.4.1.1.4 The Parties acknowledge
that ACI will initially
serve all of its end users
within a given LATA through
a single ACI switch. The
Parties also acknowledge
that ACI may, in the
future, deploy additional
switches in each LATA. For
purposes of call
termination, the initial
ACI switch shall be treated
as an end office switch.
5.4.1.1.5 For purposes of call
termination, this Agreement
recognizes the unique
status of traffic
originated by and
terminated to internet
service providers. Parties
agree to abide by any
federal or state regulatory
or judicial proceedings
governing reciprocal
compensation and enhanced
service provider traffic.
5.4.1.1.6 Neither Party shall be
responsible to the other
for call termination
charges associated with
third party traffic that
transits such Party's
network.
5.4.2 Transport
5.4.2.1 If the Parties elect to each provision their
own one-way trunks to the other Party's end
office for the termination of local traffic,
each Party will be responsible for its own
expenses associated with the trunks and no
transport charges will apply. Call
termination charges shall apply as described
above.
5.4.2.2 If one Party desires to purchase direct trunk
transport from the other Party, the following
rate elements will apply. Transport rate
elements include the direct trunk transport
facilities between the POI and the
terminating Party's tandem or end office
switches. The applicable rates are described
in Appendix A.
5.4.2.3 Direct trunk transport facilities are
provided as dedicated DS3 or DS1 facilities
without the tandem switching functions, for
the use of either Party between the Point of
Interconnection and the terminating end
office or tandem switch.
5.4.2.4 If the Parties elect to establish two-way
direct trunks, the compensation for such
jointly used 'shared' facilities shall be
adjusted as follows. The nominal
compensation shall be pursuant to the rates
for direct trunk transport in Appendix A.
The actual rate paid to the provider of the
PAGE 17
direct trunk facility shall be reduced to
reflect the provider's use of that
facility. The adjustment in the direct
trunk transport rate shall be a percentage
that reflects the provider's relative use
(i.e., originating minutes of use) of the
facility in the busy hour.
5.4.2.5 Multiplexing options are available at rates
described in Appendix A.
5.4.3 Toll Traffic.
Applicable Switched Access Tariff rates, terms, and
conditions apply to toll traffic routed to an access
tandem, or directly to an end office. Relevant rate
elements include Direct Trunk Transport or Tandem
Switched Transport, Interconnection Charge, Local
Switching, and Carrier Common Line, as appropriate.
5.4.4 Transit Traffic.
Applicable Switched Access, Type 2 or LIS transport
rates apply for the use of USWC's network to transport
transit traffic. For transiting local traffic, the
applicable local transit rate applies to the
originating Party per Appendix A. For transiting toll
traffic, the Parties will charge the applicable
Switched Access rates to the responsible carrier. For
terminating transiting wireless traffic, the Parties
will charge their applicable rates to the wireless
provider. For transiting wireless traffic, the Parties
will charge each other the applicable local transit
rate.
5.5 LIS INTERFACE CODE AVAILABILITY AND OPTIONAL FEATURES
5.5.1 Interface Code Availability.
Supervisory signaling specifications, and the
applicable network channel interface codes for LIS
trunks, are the same as those used for Feature Group D
Switched Access Service, as described in the Parties'
applicable Switched Access Tariffs.
5.5.2 Switching Options.
5.5.2.1 Inband MF or SS7 Out of Band Signaling.
Inband MF signaling and SS7 Out of Band
Signaling are available for LIS trunks.
MF signaling or SS7 Out-of-Band Signaling
must be requested on the order for the new
LIS trunks. Provisioning of the LIS
trunks equipped with MF signaling or SS7
Out of Band Signaling is the same as that
used for Feature Group D Switched Access.
Common Channel Signaling Access Capability
Service, as set forth
PAGE 18
in this Agreement, must be ordered by ACI
when XX0 Xxx-xx-Xxxx Signaling is requested
on LIS trunks.
5.5.2.2 Clear Channel Capability.
Clear Channel Capability permits 24 DS0-64
kbit/s services or 1.536 Mbit/s of
information on the 1.544 Mbit/s line rate.
Clear Channel Capability is available for
LIS trunks equipped with SS7 Out-of-Band
Signaling. Clear Channel Capability is
only available on trunks to USWC's access
tandem switch or USWC's end office
switches (where available); (Clear Channel
Capability is not available on trunks to
USWC's local tandem switches or end
offices where it is currently not
deployed. ACI agrees to use the Bona Fide
Request process to request clear channel
capability for such additional switches.
Prices for such additional Clear Channel
Capability, if any, will be established
through the BFR Process). Clear Channel
Capability must be requested on the order
for the new LIS trunks. The provisioning
of the LIS trunks equipped with Clear
Channel Capability is the same as that
used for Feature Group D Switched Access
Service. USWC will provide ACI with a
listing of USWC end offices, local tandems
and access tandems equipped with Clear
Channel Capability.
5.6 MEASURING LOCAL INTERCONNECTION MINUTES
5.6.1 Measurement of terminating local interconnection
minutes begins when the terminating LIS entry switch
receives answer supervision from the called end user's
end office indicating the called end user has answered.
The measurement of terminating call usage over LIS
trunks ends when the terminating LIS entry switch
receives disconnect supervision from either the called
end user's end office, indicating the called end user
has disconnected, or ACI's Point of Interconnection,
whichever is recognized first by the entry switch.
5.6.2 USWC and ACI are required to provide each other the
proper call information (e.g., originating call party
number and destination call party number, etc.) to
enable each Party to issue bills in a complete and
timely fashion.
5.7 TESTING
5.7.1 Acceptance Testing
At the time of installation of an LIS trunk group, and
at no additional charge, the Parties will cooperatively
test the same parameters tested for
PAGE 19
terminating Feature Group D Switched Access Service.
See USWC's applicable Switched Access Tariff for the
specifications.
5.7.2 Testing Capabilities
5.7.2.1 Terminating LIS testing is provided where
equipment is available, with the following
test lines: seven-digit access to balance
(100 type), milliwatt (102 type),
nonsynchronous or synchronous, automatic
transmission measuring (105 type), data
transmission (107 type), loop-around, short
circuit, open circuit, and non-inverting
digital loopback (108 type).
5.7.2.2 In addition to LIS acceptance testing, other
tests are available (e.g., additional
cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled
testing, manual scheduled testing, and
non-scheduled testing) at the applicable
tariff rates.
5.8 ORDERING
5.8.1 When ordering LIS, the ordering Party shall specify on
the service order: 1) the type and number of
Interconnection facilities to terminate at the Point of
Interconnection in the serving wire center; 2) the type
of interoffice transport, (i.e., Direct Trunk Transport
or Tandem Switched Transport); 3) the peak busy hour
CCS from the ACI end office; 4) the number of trunks to
be provisioned at a local exchange office or tandem; 5)
and any optional features. When the ordering Party
requests facilities, routing, or optional features
different than those determined to be available, the
Parties will work cooperatively in determining an
acceptable configuration, based on available
facilities, equipment and routing plans.
5.8.2 When the ordering Party initially orders a DS3
Interconnection facility, in conjunction with Tandem
Switched Transport to a tandem, or DS3 Direct Trunk
Transport facilities to a tandem or local exchange
office, the provider will forward the appropriate DS1
facility record information necessary to identify the
circuit facility assignment. On subsequent orders
utilizing existing DS3 Interconnection facilities, or
DS3 Direct Trunk Transport facilities, the provider
will assign the DS1 facility to the DS3 Interconnection
facility or DS3 Direct Trunk Transport facility, as
directed by the ordering Party.
5.8.3 A joint planning meeting will precede ACI and USWC
trunking orders. These meetings will result in the
transmittal of Access Service Requests (ASRs) to
initiate order activity. A Party requesting tandem
Interconnection will provide its best estimate of the
traffic distribution to each end office subtending the
tandem.
PAGE 20
5.8.4 Service intervals and due dates for the initial
establishment of trunking arrangements at each location
of Interconnection between the Parties will be
determined on an individual case basis.
5.8.5 Service intervals and due dates for the establishment
of subsequent trunking arrangements for Interconnection
between the Parties, will be in accordance with the
guidelines for LIS.
5.9 BILLING ARRANGEMENTS
5.9.1 USWC and ACI desire to submit separate bills, pursuant
to their separate tariffs, to Interexchange Carriers
for their respective portions of jointly provided
Switched Access Service.
Based on the negotiated POI, the Parties will agree on
a meet point percentage to enable the joint
provisioning and billing of Switched Access Services to
third parties in conformance with the Meet-Point
Billing guidelines adopted by and contained in the
Ordering and Billing Forum's MECAB and MECOD documents
and referenced in USWC's Switched Access Tariffs. The
Parties understand and agree that MPB arrangements are
available and functional only to/from Interexchange
Carriers who directly connect with the tandem(s) that
ACI sub-tends in each LATA.
5.9.2 The Parties will use reasonable efforts, individually
and collectively, to maintain provisions in their
respective federal and state access tariffs, and/or
provisions within the National Exchange Carrier
Association ("NECA") Tariff No. 4, or any successor
tariff, sufficient to reflect this MPB arrangement,
including MPB percentages.
5.9.3 As detailed in the MECAB document, ACI and USWC will
exchange all information necessary to xxxx third
parties for Switched Access Services traffic jointly
handled by ACI and USWC via the meet point arrangement
in a timely fashion. Information shall be exchanged in
Exchange Message Record ("EMR") format (Bellcore
Standard BR 000-000-000, as amended) on magnetic tape
or via a mutually acceptable electronic file transfer
protocol. The Parties will exchange records pursuant
to this paragraph without additional compensation.
5.9.4 The Parties will agree upon reasonable audit standards
and other procedures as required to ensure billing
accuracy.
5.9.5 Each Party will xxxx the IXCs the appropriate rate
elements in accordance with their respective interstate
and intrastate tariffs, as follows:
Rate Element Billing Company
------------ ---------------
Carrier Common Line Dial Tone Provider
Local Switching Dial Tone Provider
PAGE 21
Interconnection Charge Dial Tone Provider
Local Transport Termination Based on negotiated BIP
Local Transport Facility Based on negotiated BIP
(also called Tandem Transmission per mile)
Tandem Switching Access Tandem Provider
Entrance Facility Access Tandem Provider
5.9.6 For originating 800/888 traffic routed to an access
tandem, the tandem provider will perform 800/888
database inquiry and translation functions and xxxx the
inquiry charge and translation charge (if any) to the
Interexchange Carrier pursuant to tariff. For all
originating 800/888 database inquiry and translation
functions, the charges will be billed to the
Interexchange Carrier transporting the call.
5.10 MILEAGE MEASUREMENT
Where required, the mileage measurement for LIS facilities and
trunks is determined in the same manner as the mileage
measurement for Feature Group D Switched Access Service.
5.11 CONSTRUCTION CHARGES
If applicable, construction charges will apply as detailed in
the Construction Charges section of this Agreement.
6. INTERCONNECTION
6.1 DEFINITION
6.1.1 "Interconnection" is the linking of the USWC and ACI
networks for the mutual exchange of traffic and for ACI
access to unbundled Network Elements. Interconnection
does not include the transport and termination of
traffic. Interconnection is provided by Virtual or
Physical Collocation, entrance facilities or Mid-Span
Meet arrangements.
6.1.2 USWC will provide Interconnection at the line side of
the local switch, the trunk side of the local switch,
trunk interconnection points of the tandem switch,
central office cross-connect points, and the location
of the signaling transfer points necessary to exchange
traffic and access call related databases.
6.2 MID-SPAN MEET POI
6.2.1 A Mid-Span Meet POI is a negotiated point of interface,
limited to the interconnection of facilities between
one Party's switch and the other Party's switch. The
actual physical Point of Interface and facilities used
will be subject to negotiations between the Parties.
Each Party will be
PAGE 22
responsible for its portion of the build to the
Mid-Span Meet POI, if the meet point arrangement is
used exclusively for the exchange of local traffic.
6.2.2 If the Mid-Span Meet arrangement is to be used for
access to unbundled Network Elements, ACI must pay the
portion of the economic costs of the Mid-Span Meet
arrangement used by ACI for access to unbundled Network
Elements.
6.3 COLLOCATION
Interconnection may be accomplished through either Virtual or
Physical Collocation. The terms and conditions under which
Collocation will be available are described in the Collocation
section of this Agreement.
6.4 ENTRANCE FACILITY
Interconnection may be accomplished through the provision of an
entrance facility. An entrance facility extends from the
serving Wire Center of the provider to the other Party's Wire
Center location. Entrance facilities may not extend beyond the
area described by the provider's serving Wire Center. The
rates for entrance facilities are provided in Appendix A.
6.5 QUALITY OF INTERCONNECTION
USWC will not, for the purpose of Interconnection, provide to
ACI less favorable terms and conditions than USWC provides
itself or in a manner less efficient than it would impose on
itself. The quality of Interconnection will be at least equal
to that of USWC.
Both Parties agree to manage their network switches in
accordance with the Bellcore LSSGR.
6.6 POINTS OF INTERFACE (POI)
UPON THE REQUEST FOR SPECIFIC POINT TO POINT ROUTING, USWC WILL
MAKE AVAILABLE TO ACI INFORMATION INDICATING THE LOCATION AND
TECHNICAL CHARACTERISTICS OF USWC'S NETWORK FACILITIES. THE
FOLLOWING ALTERNATIVES ARE NEGOTIABLE: (1) A DS1 OR DS3
ENTRANCE FACILITY; (2) VIRTUAL COLLOCATION; (3) PHYSICAL
COLLOCATION; AND (4) NEGOTIATED MID-SPAN MEET FACILITIES. EACH
PARTY IS RESPONSIBLE FOR PROVIDING ITS OWN FACILITIES UP TO THE
MID-SPAN MEET POI. THE PARTIES WILL NEGOTIATE THE FACILITIES
ARRANGEMENT BETWEEN THEIR NETWORKS.
6.7 TRUNKING REQUIREMENTS
6.7.1 The Parties agree to provide designed Interconnection
facilities that meet the same technical criteria and
service standards, such as probability of
PAGE 23
blocking in peak hours and transmission standards, in
accordance with industry standards.
6.7.2 Two-way trunk groups will be established wherever
possible. Exceptions to this provision will be based
on billing, signaling, and network requirements. For
example, (1) billing requirements - switched access vs.
local traffic, (2) signaling requirements - MF vs. SS7,
and (3) network requirements - directory assistance
traffic to TOPS tandems. The following is the current
list of traffic types that require separate trunk
groups, unless specifically otherwise stated in this
Agreement.
6.7.2.1 IntraLATA Toll and Switched Access trunks
6.7.2.2 EAS/Local trunks
6.7.2.3 Directory Assistance trunks
6.7.2.4 911/E911 trunks
6.7.2.5 Operator services trunks
6.7.2.6 Commercial Mobile Radio Service/Wireless
traffic for which ACI serves as the transit
provider between the CMRS provider and USWC.
6.7.2.7 Transit IntraLATA Toll
6.7.2.8 Transit local
6.7.2.9 Meet-Point Billing Trunks (for the joint
provision of Switched Access)
6.7.2.10 Mass calling trunks, if applicable
6.7.3 Trunk group connections will be made at a DS1 or
multiple DS1 level for exchange of EAS/Local, IntraLATA
Toll, wireless/Commercial Mobile Radio Service, and
Switched Access traffic. Ancillary service trunk
groups will be made below a DS1 level, as negotiated.
6.7.4 The Parties will provide Common Channel Signaling (CCS)
to one another, where available, in conjunction with
all EAS/Local trunk circuits. 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.
6.7.5 Where CCS is not available, in-band multi-frequency
(MF) wink start signaling will be provided. When the
Parties interconnect via CCS for jointly provided
Switched Access Service, the tandem provider will
provide MF/CCS interworking as required for
Interconnection with Interexchange Carriers who use MF
signaling.
6.7.6 The Parties will follow all Ordering and Billing Forum
adopted standards pertaining to CIC/OZZ codes.
6.7.7 USWC will cooperate in the provision of TNS (Transit
Network Selection) for the joint provision of Switched
Access Service.
PAGE 24
6.7.8 The Parties shall terminate EAS/Local traffic
exclusively on EAS/Local trunk groups. No EAS/Local
trunk groups shall be terminated on USWC's access
tandems.
6.7.9 The Parties agree to terminate local traffic in the
same EAS/Local area as such traffic originated.
6.8 INTERCONNECTION FORECASTING
6.8.1 The Parties agree that during the first year of
Interconnection, joint forecasting and planning
meetings will take place no less frequently than once
per quarter.
6.8.2 The Parties shall establish joint forecasting
responsibilities for traffic utilization over trunk
groups. Intercompany forecast information must be
provided by the Parties to each other four times a
year. The quarterly forecasts shall include forecasted
requirements for each trunk group identified in
Paragraph 6.7.2 of this Section. In addition, the
forecast shall include, for tandem-switched traffic,
the quantity of tandem-switched traffic forecasted for
each subtending end office. The Parties recognize
that, to the extent historical traffic data can be
shared between the Parties, the accuracy of the
forecasts will improve. Forecasts shall be for a
minimum of three (current and plus-1 and plus-2) years
and shall include:
6.8.2.1 The use of Common Language Location
Identifier (CLLI-MSG), which are described in
Bellcore documents BR 000-000-000 and BR
000-000-000;
6.8.2.2 A description of major network projects
anticipated for the following six months that
could affect the other Party. Major network
projects include trunking or network
rearrangements, shifts in anticipated traffic
patterns, or other activities that are
reflected by a significant increase or
decrease in trunking demand for the following
forecasting period. This planning will
include the issues of network capacity,
forecasting and compensation calculation,
where appropriate.
6.8.3 If differences in quarterly forecasts of the Parties
vary by more than 24 additional DS0 two-way trunks for
each local interconnection trunk group, the Parties
shall meet to reconcile the forecast to within 24 DS0
trunks.
6.8.4 If a trunk group is under 75 percent of centum call
seconds (ccs) capacity on a monthly average basis for
each month of any three month period, either Party may
request to resize the trunk group, which resizing will
not be unreasonably withheld. If a resizing occurs,
the trunk group shall not be left with less than 25
percent excess capacity.
PAGE 25
6.8.5 Each Party shall provide a specified point of contact
for planning, forecasting and trunk servicing purposes.
6.9 SERVICE INTERRUPTIONS
6.9.1 Standards and procedures for notification of trunk
disconnects will be jointly developed by the Parties.
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.
Collectively, the Parties will use their best good
faith efforts to complete and agree on such plan.
6.9.2 The characteristics and methods of operation of any
circuits, facilities or equipment of either Party
connected with the services, facilities or equipment of
the other Party pursuant to this Agreement shall not:
1) interfere with or impair service over any facilities
of the other Party; its affiliated companies, or its
connecting and concurring carriers involved in its
services; 2) cause damage to their plant; 3) violate
any applicable law or regulation regarding the invasion
of privacy of any communications carried over the
Party's facilities; or 4) create hazards to the
employees of either Party or to the public. Each of
these requirements is hereinafter referred to as an
"Impairment of Service".
6.9.3 If, either Party discovers an impairment or
interference that threatens to cause, is causing, or
has caused service-affecting harm to the physical
integrity of the network, physical harm to either
Parties' employees or third parties or interference
which prevents either Party, or third parties, from
offering service to their end-users, such impairment or
inference may be considered an emergency situation and
that Party shall, where practical, promptly notify the
other Party of the nature and location of the
impairment or interference. The Parties agree to work
together to attempt to promptly resolve the emergency
situation and if Parties are unable to resolve it, or
if exigent circumstances exist, either Party may take
any action permitted by applicable law, including the
temporary disconnection of the affected circuit,
facility or equipment. The Parties contemplate that
the provision of services within industry standards,
norms, or generally accepted practices will not
constitute an emergency situation.
6.9.4 Where new facilities, services and arrangements are
installed, the TRCO shall ensure that continuity exists
and take appropriate transmission measurements before
advising the other Party that the new circuit is ready
for service.
6.9.5 Each Party shall furnish a trouble reporting telephone
number for the designated TRCO. This number shall give
access to the location where facility records are
normally located and where current status reports on
any trouble reports are readily available. Alternative
out-of-hours
PAGE 26
procedures shall be established to ensure access to a
location that is staffed and has the authority to
initiate corrective action.
6.9.6 Before either Party reports a trouble condition, each
shall use its best efforts to isolate the trouble to
the other's facilities.
6.9.6.1 In cases where a trouble condition affects a
significant portion of the other's service,
the Parties shall assign the same priority
provided to other interconnecting carriers.
6.9.6.2 The Parties shall cooperate in isolating
trouble conditions.
7. COLLOCATION
7.1.1 DESCRIPTION
7.1.1 Collocation allows for the placing of transmission
equipment owned by ACI within USWC's Central Office for
the purpose of interconnecting with USWC, accessing
UNEs, and/or terminating EAS/Local traffic.
7.1.1.1 Virtual Collocation
With a Virtual Collocation arrangement,
ACI is responsible for the procurement of
its own transmission equipment which USWC
installs and maintains. ACI does not have
physical access to its equipment in the
USWC Central Office but will be granted
access to the SPOT Frame for placing any
connections it may require for access to
USWC UNEs.
7.1.1.2 Physical Collocation
Physical Collocation allows ACI to lease
caged floor space in 100 square foot
increments, up to a maximum of 400 square
feet, for placement of its transmission
equipment within USWC's Central Office for
the purpose of interconnecting with USWC
UNEs. ACI is responsible for the
procurement, installation and on-going
maintenance of its equipment as well as
the cross connections required at the SPOT
Frame for combining its equipment to USWC
UNEs.
PAGE 27
7.1.1.3 Common Collocation
Common Collocation is provided in a
non-caged area of a USWC Central Office.
Space will be made available in single
frame bay increments. Space will be
provided utilizing USWC standard equipment
bay configurations in which ACI can place
and maintain its own equipment. As with
both Virtual and Physical Collocation,
Common Collocation will also include
access to the SPOT Frame in which ACI can
make connections to USWC UNEs.
7.2. TERMS AND CONDITIONS
7.2.1 Terms and Conditions - General
7.2.1.1 With respect to any technical requirements or
performance standards specified in this
Section, USWC shall provide Collocation in a
nondiscriminatory manner on rates, terms and
conditions that are just, reasonable and
nondiscriminatory.
7.2.1.2 ACI will only collocate basic transmission
equipment, including equipment necessary to
provide DSL services, to interconnect with
USWC's UNEs and/or terminate EAS/local
traffic to USWC. ACI must identify what
transmission equipment will be installed and
the vendor technical specifications of such
equipment so that USWC may engineer the
power, floor loading, heat release,
environmental particulate level, and HVAC.
7.2.1.3 Collocation requests require that space be
provided for the placement of [Co-Provider's]
transmission equipment within USWC's Central
Office. USWC must also provide the structure
that is necessary in support of this
equipment including physical space, a cage
(for Physical Collocation), required cabling
between equipment and other associated
hardware.
7.2.1.4 All equipment placed will meet NEBS standards
and will be installed in accordance with USWC
Technical Publications 77350, 77351, 77355,
77367, 77386 and 77390. USWC shall provide
standard central office alarming pursuant to
Technical Publication 77390.
7.2.1.5 Collocation is offered on a first-come,
first-served basis. Requests for Collocation
may be denied due to the lack of sufficient
space in a USWC Central Office for placement
of ACI's equipment. When ENTRANCE
FACILITIES space is not available, ACI may
opt to utilize USWC Private Line Finished
Services in lieu of entrance facilities.
USWC is not required to build new entrance
facilities or construct new office space
solely for the purposes of Collocation. In
the event that USWC requires additional
Central Office space in order
PAGE 28
to satisfy its own business needs,
additional space will be taken into
consideration for Collocation as well.
7.2.1.6 If a request for Collocation is denied due to
a lack of space in a USWC Central Office, ACI
may request USWC to provide a cost quote for
the reclamation of space and/or equipment.
Quotes will be developed within 60 business
days including the estimated time frames for
the work that is required in order to satisfy
the Collocation request. ACI has 30 days to
accept the quote. If ACI accepts the quote,
upon receipt of 50% down of the quoted
charges, work will begin with the balance due
on completion.
7.2.1.7 If space is limited in USWC's Central
Offices, Collocation space will always be
provided for placement of a SPOT frame for
all Collocation requests. This may include
having to reclaim either space or equipment.
All costs associated with allocating space
directly related to the SPOT Frame will be
borne by USWC.
7.2.1.8 Reclamation may include the following:
USWC is responsible for Equipment
Reclamation - Space that contains
non-working equipment that can be
removed.
ACI is responsible for Grooming -
The moving of circuits from working
equipment to other equipment with
similar functionality for the
purpose of providing space for
Interconnection.
ACI is responsible for Space
Reclamation - Administrative space
that can be re- conditioned for the
placement of transmission equipment.
If ACI's request for reclamation
produces additional capacity in
excess of ACI's requested amount of
collocation space, ACI will be
responsible, on a pro-rated basis,
pursuant to Section 7.2.1.8. only
for that portion of the reclamation
necessary to satisfy its collocation
request.
7.2.1.9 If USWC determines that the amount of space
requested by ACI for Physical Collocation is
not available, ACI will be offered
Collocation in the closest 100 square foot
increment that is determined to be available
in relation to the original request or ACI
will be offered Common Collocation (bay at a
time) as an alternative to Physical
Collocation.
7.2.1.10 USWC will designate the POI for network
Interconnection for Virtual, Physical or
Common Collocation arrangements. ACI will be
allowed access to the POI on
non-discriminatory terms.
PAGE 29
7.2.1.11 ACI is responsible for providing its own
fiber facilities to the (POI) outside USWC's
Central Office. USWC will extend the fiber
facility on a USWC fiber cable from the POI
to a Fiber Distribution Panel (FDP). From
the FDP additional fiber, conduit and
associated riser structure will then be
provided by USWC to continue the run to ACI's
transmission equipment or collocation area.
7.2.1.12 The entrance facility must be fiber optic
cable and meet industry standards (GR. 20
Core). Metallic sheath cable is not
permitted for use as an entrance facility for
the purpose of Interconnection. USWC
reserves the right to refuse cable that does
not meet requirements for entrance
facilities.
7.2.1.13 Dual entry into a USWC Central Office will be
provided only when two entry points
previously exist and duct space is available.
USWC will not initiate construction of an
entrance facility solely for Collocation. If
USWC requires an entrance facility for its
own use, then the needs of ACI will also be
taken into consideration.
7.2.1.14 Where no entrance facilities are available,
USWC will offer ACI USWC Private Line
Finished Services in lieu of entrance
facilities to be terminated at ACI's
collocated equipment.
7.2.1.15 USWC will establish a SPOT Frame to be the
single point where all USWC UNEs and ACI
equipment are terminated. The SPOT Frame
becomes the standard demarcation point
between ACI and USWC owned network facilities
and equipment as well as the demarcation
between UNEs. ACI will run jumpers on this
SPOT Frame to connect the network elements.
There are three basic types of connections
that will be made at the SPOT Frame:
Unbundled Element to Unbundled
Element
Unbundled Element to ACI equipment
termination
ACI equipment termination to
Co-Provider equipment termination
7.2.1.16 All terminations on the SPOT Frame will have
a cable CFA address. USWC will assign and
maintain cable CFA records for the
terminations at the SPOT frame. USWC will
provide the cable CFA to ACI for subsequent
unbundled network element ACI orders. ACI
will maintain assignment records for the
terminations of its own equipment. ACI will
also maintain the assignment records for
which SPOT frame addresses are connected to
combine network elements and deliver service.
ACI will be required to make the jumper wire,
cross connection between frame addresses on
the SPOT frame to complete the standard
circuit.
PAGE 30
7.2.1.17 ACI will be required to forecast for all DS0,
DS1 and DS3 terminations that it requires for
each Wire Center for which it is requesting
Collocation. The forecast is, including a
separate forecast for UNEs ACI wishes to
combine, included as part of the Collocation
order form and will be used to pre-provision
the necessary tie cables from the Collocation
space to the SPOT Frame and from the SPOT
Frame to USWC UNEs. Terminations will be
provisioned in following increments:
DS0- 100 pair increments
DS1- 28 channel increments
DS3- per termination
7.2.1.18 USWC will review the security requirements
and hours of access (seven (7) days a week,
twenty-four (24) hours a day) with ACI. This
will include issuing keys, ID cards, and
explaining the access control processes,
including but not limited to the requirement
that all ACI approved personnel are subject
to trespass violations if outside of
designated and approved areas or if found to
be providing access to unauthorized
individuals.
7.2.1.19 USWC shall provide access to existing eyewash
stations, bathrooms, and drinking water
within the collocated facility on a
twenty-four (24) hours per day, seven (7)
days per week basis for ACI personnel and its
designated agents.
7.2.1.20 ACI shall be restricted to corridors,
stairways, and elevators that provide direct
access to ACI's space, or to the nearest
restroom facility from ACI's designated
space, and such direct access will be
outlined during ACI's orientation meeting.
Access shall not be permitted to any other
portion of the building.
7.2.1.21 Nothing herein shall be construed to limit
ACI's ability to obtain Virtual, Physical
and/or Common Collocation at their preference
in a single location, provided space is
available.
7.2.1.22 Conversions of the various Collocation
arrangements (i.e. virtual to physical) are
available upon request by ACI and payment by
ACI of associated conversion charges.
Conversions shall be in accordance with
USWC's standard Collocation provisioning
processes.
7.2.2 Terms and Conditions - Virtual Collocation
PAGE 31
7.2.2.1 USWC is responsible for installing and
maintaining Virtually Collocated equipment
for the purpose of Interconnection or to
access UNEs.
7.2.2.2 ACI will not have physical access to the
Virtually Collocated equipment in the USWC
Wire Center. If ACI orders UNEs, ACI will
have access to the Wire Center and the SPOT
frame where the virtually collocated
equipment is terminated for the purposes of
combining UNEs.
7.2.2.3 ACI will be responsible for obtaining and
providing to USWC administrative codes,
(e.g., common language codes, for all
equipment specified by ACI and installed in
Wire Center buildings).
7.2.2.4 ACI shall ensure that upon receipt of ACI's
virtually collocated equipment by USWC, all
warranties and access to ongoing technical
support are passed through to USWC, all at
ACI's expense. ACI shall advise the
manufacturer and seller of the virtually
collocated equipment that ACI's equipment
will be possessed, installed and maintained
by USWC.
7.2.2.5 ACI's virtually collocated equipment must
comply with the Bellcore Network Equipment
Building System (NEBS) Generic Equipment
Requirements TR-NWT-000063, USWC Wire Center
environmental and transmission standards and
any statutory (local, state or federal)
and/or regulatory requirements in effect at
the time of equipment installation or that
subsequently become effective. ACI shall
provide USWC interface specifications (e.g.,
electrical, functional, physical and
software) of ACI's virtually collocated
equipment.
7.2.2.6 ACI must specify all software options and
associated plug-ins for its virtually
collocated equipment.
7.2.2.7 USWC does not guarantee the reliability of
ACI's virtually collocated equipment.
7.2.2.8 ACI will be responsible for payment for
training of USWC employees for the
maintenance, operation and installation of
ACI's Virtually Collocated equipment when
that equipment is different than the
equipment locally used by USWC in the
affected offices.
7.2.2.9 Co-Provider] will be responsible for payment
of charges incurred in the maintenance and/or
repair of ACI's virtually collocated
equipment.
7.2.3 Terms and Conditions - Physical Collocation
PAGE 32
7.2.3.1 USWC shall provide to ACI Physical
Collocation for Interconnection and for
access to UNEs, except that USWC may provide
for Common or Virtual Collocation if USWC
demonstrates to the Commission that Physical
Collocation is not practical for technical
reasons or because of space limitations, as
provided in Section 251(c)(6) of the Act.
USWC shall provide basic telephone service
with a connection xxxx as requested by ACI
for the Physical or Common Collocated space.
Upon ACI's request, this service shall be
available per standard USWC business service
provisioning processes.
7.2.3.2 Physical Collocation is offered in Wire
Centers on a space-available, first come,
first-served basis.
7.2.3.3 The minimum standard leasable amount of floor
space is 100 square feet. ACI must
efficiently use the leased space; no more
than 50% of the floor space may be used for
storage cabinets and work surfaces. The
Commission will be the final arbitrator in
points of dispute between the Parties.
7.2.3.4 ACI's leased floor space will be separated
from other Co-Providers and USWC space
through a cage enclosure. USWC or a USWC
approved contractor will construct the cage
enclosure. These two Technical Publications
must be in the possession of ACI and its
agents at the site during all work
activities.
7.2.3.5 The following standard features will be
provided by USWC:
Heating, ventilation and air
conditioning.
Smoke/fire detection and any
other building code
requirements.
7.2.3.6 USWC will design the floor space within each
Wire Center which will constitute ACI's
leased space.
7.2.3.7 USWC will ensure that the necessary
construction work (racking, ducting, caging,
etc.) is performed to build ACI's leased
physical space and the riser from the vault
to the leased physical space.
7.2.3.8 ACI owns and is responsible for the
installation, maintenance and repair of its
transmission equipment located within the
physically collocated space rented from USWC.
7.2.3.9 ACI must use leased space promptly and may
not warehouse space for later use or sublease
to another Co-Provider.
7.2.3.10 USWC will extend USWC-provided and owned
fiber optic cable from the POI through the
cable vault and extend the cable to the
PAGE 33
Fiber Distribution Panel and then to
ACI's leased physical space or place
the cable in fire retardant tubing
prior to extension to ACI's leased
physical space. ACI will, procure,
install and maintain all fiber optic
facilities up to the USWC designated
POI.
7.2.3.11 USWC will install and maintain all related
SPOT frame activity necessary to provide
cross connections between USWC's and ACI's
equipment.
7.2.3.12 ACI may not extend USWC dark fiber to ACI's
leased physical space or connect DS1/DS3
Channel Terminations to USWC dark fiber.
7.2.3.13 USWC will work cooperatively with ACI in
matters of joint testing and maintenance.
7.2.3.14 Once construction is complete for Physical
Collocation and ACI has accepted its leased
physical space, ACI may order its DS0, DS1,
DS3.
7.2.3.15 If, during installation, USWC determines ACI
activities or equipment does not comply with
the NEBS standards listed in section 7.2.1.4
or are otherwise unsafe, non-standard, or in
violation of any applicable laws or
regulations, USWC has the right to stop all
collocation work until the situation is
remedied. If such conditions pose an
immediate threat to the safety of USWC
employees, interfere with the performance of
USWC's service obligations, or pose an
immediate threat to the physical integrity of
the conduit system, cable facilities, or
other equipment in the central office USWC
may perform such work and/or take action as
is necessary to correct the condition at
ACI's expense.
7.2.3.16 If, at any time, USWC determines that the
equipment or the installation does not meet
USWC standards as listed in Section 7.2.1.4,
ACI will be responsible for the costs
associated with the removal, modification to,
or installation of the equipment to bring it
into compliance. If ACI fails to correct any
non-compliance within fifteen (15) days of
written notice of non-compliance, USWC may
have the equipment removed or the condition
corrected at ACI's expense.
7.2.4 Terms and Conditions - Common Collocation
7.2.4.1 ACI owns and is responsible for the
installation, maintenance and repair of its
transmission equipment located within the
space rented from USWC. USWC will not
interfere with such ACI equipment and will
make best efforts to ensure that third
parties will not have access to, will not
physically touch, and/or functionally impact
the operation of any ACI equipment, spares,
or test equipment. USWC will not
PAGE 34
access ACI's equipment under normal
operating circumstances; however, USWC
cannot agree under any circumstances,
never access, physically touch, and/or
functionally impact ACI's equipment.
Additionally, with respect to the
requirement set forth to not functionally
impact ACI's equipment, please refer to
Section 6.9.2 and 6.9.3 which USWC and ACI
have had extensive discussions. ACI does
not have access to, will not physically
touch, and/or functionally impact the
operation of any adjacent USWC equipment,
spares, or test equipment.
7.2.4.2 Requests for multiple bay space will be
provided in adjacent bays where possible.
When contiguous space is not available, bays
may be co-mingled with other USWC equipment
bays. ACI may request through the USWC
Space Reclamation Policy, a price quote to
rearrange USWC equipment to provide ACI with
adjacent space.
7.2.4.3 All equipment placed will meet minimum NEBs
standards and will be engineered and
installed in accordance with USWC Technical
Publications 77350, 77351, 77355, 77367,
77386 and 77390. Technical Publications
77350 and 77367 must be in the possession of
ACI and its agents at the site during all
work activities.
7.2.4.4 All equipment placed will be subject to
random audits conducted by USWC. These
audits will determine whether the equipment
meets the standards required by this
Agreement. ACI will be notified of the
results of this audit and shall rectify all
non-conformities within 30 days of
notification. All non-conforming items
remaining after this 30 day period may be
rectified by USWC and the cost assessed to
ACI.
7.3. RATE ELEMENTS
7.3.1 Rate Elements - General Collocation
7.3.1.1 USWC will recover collocation costs through
both recurring and nonrecurring charges. The
charges are determined by the scope of work
to be performed based on the information
provided by ACI on the Collocation Order
Form. A quote is then developed by USWC for
the work to be performed.
7.3.1.2 The following elements as specified in Part H
of this Agreement, are used to develop a
price quotation in support of Collocation.
7.3.1.3 Quote Preparation Fee. This covers the work
involved in verifying space and developing a
quotation for ACI for the total costs
involved in its Collocation request.
7.3.1.4 Entrance Facility Charge. Provides for fiber
optic cable on a two-fiber basis from the POI
utilizing USWC owned, conventional single
PAGE 35
mode type of fiber optic cable to the
collocated equipment (for Virtual
Collocation) or to the leased space (for
Physical/Common Collocation). The
entrance facility includes riser, fiber
placement, entrance closure,
conduit/innerduct, and core drilling.
7.3.1.5 Cable Splicing Charge. Represents the labor
and equipment to perform a subsequent splice
to ACI provided fiber optic cable after the
initial installation splice. Includes
per-setup and per-fiber-spliced rate
elements.
7.3.1.6 -48 Volt DC Power Charge. Provides -48 volt
DC power to ACI collocated equipment.
Charged in 20 ampere unit increments.
7.3.1.7 48 Volt DC Power Cable Charge. Provides for
the transmission of -48 volt DC power to the
collocated equipment. It includes
engineering, furnishing and installing the
main distribution bay power breaker,
associated power cable, cable rack and local
power bay to the closest power distribution
bay. It also includes the power cable
(feeders) A and B from the local power
distribution bay to the leased physical space
(for Physical or Common Collocation) or to
the collocated equipment (for Virtual
Collocation). Charged per foot. per A and B
feeder.
7.3.1.8 Inspector Labor Charge. Provides for USWC
qualified personnel, acting as an inspector,
when ACI requires access to the POI after the
initial installation. A call-out of an
inspector after business hours is subject to
a minimum charge of four hours. The minimum
call-out charge shall apply when no other
employee is present in the location, and an
'off-shift' USWC employee (or contract
employee) is required to go 'on-shift' on
behalf of ACI.
7.3.1.9 Channel Regeneration Charge. Required when
the distance from the leased physical space
(for Physical or Common Collocation) or from
the collocated equipment (for Virtual
Collocation) to USWC network is of sufficient
length to require regeneration.
7.3.1.10 SPOT Frame Distribution Charge- This element
includes the tie cables and associated
racking that are required to be placed
between ACI collocated equipment and the
vertical side of the SPOT Frame.
7.3.1.11 Vertical Terminations Charge - This element
provides for the terminations required for
the tie cables on the vertical side of the
SPOT frame.
7.3.1.12 Horizontal Terminations Charge - This element
provides for the terminations which are
required for the tie cables at both the
PAGE 36
horizontal side of the SPOT frame and those
required for access to USWC UNEs.
7.3.1.13 Unbundled Distribution Charge- This element
includes the tie cables and associated
racking that are required to be placed
between the horizontal side of the SPOT frame
and USWC UNEs.
7.3.1.14 Collocation Grounding Charge. A charge
associated with providing grounding for ACI's
cage enclosure and equipment. Recurring and
nonrecurring charges are assessed per foot to
ACI's cage enclosure or common space where
required.
7.3.1.15 Overhead Lighting Charge- Standard
illumination of Central Office Space.
7.3.1.16 Heating and Air Conditioning Charge-
Environmental temperature control required
for proper operation of electronic
telecommunications equipment.
7.3.1.17 Security Charge- The keys/card readers and
cameras required for ACI access to the USWC
Central Office for the purpose of
collocation.
7.3.2 Rate Elements - Virtual Collocation
The following rate elements, as specified in Part H,
apply uniquely to Virtual Collocation.
7.3.2.1 Maintenance Labor -- Provides for the labor
necessary for repair of out of service and/or
service-affecting conditions and preventative
maintenance of ACI virtually collocated
equipment. ACI is responsible for ordering
maintenance spares. USWC will perform
maintenance and/or repair work upon receipt
of the replacement maintenance spare and/or
equipment from ACI. A call-out of a
maintenance technician after business hours
is subject to a minimum charge as specified
above.
7.3.2.2 Training Labor -- Provides for the billing of
vendor-provided training for USWC personnel
on a metropolitan service area basis,
necessary for ACI virtually collocated
equipment which is different from USWC
provided equipment. USWC will require three
USWC employees to be trained per metropolitan
service area in which ACI virtually
collocated equipment is located. If, by an
act of USWC, trained employees are relocated,
retired, or are no longer available, USWC
will not require ACI to provide training for
additional USWC employees for the same
virtually collocated equipment in the same
metropolitan area. The amount of training
billed to ACI will be reduced by half, should
a second Co-Provider in the same
PAGE 37
metropolitan area select the same
virtually collocated equipment as ACI.
7.3.2.3 Equipment Bay -- Provides mounting space for
ACI virtually collocated equipment. Each bay
includes the 7 foot bay, its installation,
all necessary environmental supports.
Mounting space on the bay, including space
for the fuse panel and air gaps necessary for
heat dissipation is limited to 78 inches.
The monthly rate is applied per shelf.
7.3.2.4 Engineering Labor -- Provides the planning
and engineering of ACI virtually collocated
equipment at the time of installation, change
or removal.
7.3.2.5 Installation Labor -- Provides for the
installation, change or removal of ACI
virtually collocated equipment.
7.3.2.6 All equipment and installation shall meet
earthquake rating requirements.
7.3.3 Rate Elements - Physical Collocation
7.3.3.1 Enclosure Buildout. The Cage Enclosure
Buildout element includes the material and
labor to construct the enclosure. ACI may
choose from USWC approved contractors to
construct the cage, in accordance with USWC's
installation Technical Publication 77350. It
includes a nine foot cage enclosure available
in increments of 100, 200, 300 or 400 square
feet, air conditioning (to support ACI loads
specified), lighting (not to exceed 2 xxxxx
per square foot), and convenience outlets (3
per cage or number required by building
code). Pricing for the Enclosure Buildout
will be provided on an individual basis due
to the uniqueness of ACI's requirements,
central office structure and arrangements.
7.3.3.2 Floor Space Lease. Provides the monthly rent
for the leased physical space, property taxes
and base operating cost without -48 volt DC
power. Includes convenience 110 AC, 15 amp
electrical outlets provided in accordance
with local codes and may not be used to power
transmission equipment or -48 volt DC power
generating equipment. Also includes
maintenance for the leased space; provides
for the preventative maintenance (climate
controls, filters, fire and life systems and
alarms, mechanical systems, standard HVAC);
biweekly housekeeping services (sweeping,
spot cleaning, trash removal) of USWC Wire
Center areas surrounding the leased physical
space and general repair and maintenance.
7.3.3.3 AC Power Charge- Standard AC outlet used by
ACI for the purpose of powering test
equipment, tools etc.
PAGE 38
7.3.3.4 Grounding Charge- Used to connect the
Central Office common ground to ACI's
equipment.
7.3.4 Rate Elements - Common Collocation
The supporting structure and rate elements for Common
Collocation are the same as Physical Collocation,
excluding the caged enclosure.
7.4. ORDERING
7.4.1 Ordering - Collocation
7.4.1.1 ACI must have a state approved
Interconnection agreement before submitting a
Collocation Order Form and Quote Preparation
Fee (QPF) to USWC.
7.4.2 Ordering - Virtual Collocation
7.4.2.1 Upon receipt of a Collocation Order Form and
QPF, USWC will perform a feasibility study to
determine if adequate space can be found for
the placement of [Co-Provider]'s equipment
within the Central Office. The feasibility
study will be completed within five (5)
business days of receipt of the QPF. If
space is available, USWC will develop a price
quotation within 25 business days of
completion of the feasibility study.
7.4.2.2 Virtual Collocation price quotes will be
honored for 30 calendar days from the date
the quote is provided. During this period
the entrance facility and space is reserved
pending ACI's approval of the quoted charges.
If ACI agrees to terms as stated in the
Collocation Price Quote, ACI must respond
within 30 days with a signed quote, a check
for 50% down of the quoted charges and proof
of insurance. Under normal conditions, USWC
will complete the installation within 90 days
from receipt of ACI's equipment. Any
portions that cannot be completed within 90
days will be negotiated with ACI on an
individual case basis. The installation of
line cards and other minor modifications
shall be performed by USWC on intervals
equivalent to those that USWC applies to
itself, but in no instance shall any such
interval exceed 90 days. Final Payment is
due upon completion.
7.4.3 Ordering - Physical Collocation
7.4.3.1 Upon receipt of a Collocation Order Form and
QPF, USWC will perform a feasibility study to
determine if adequate space can be found for
the placement of ACI's equipment within the
Central Office. The feasibility study will
be provided within 15 business
PAGE 39
days from date of receipt of the QPF. If
entrance facilities and office space are
found to be available, USWC will develop a
quote for the supporting structure within
25 business days of providing the
feasibility study. Physical Collocation
price quotes will be honored for 30
calendar days from the date the quote is
provided. Upon receipt of the signed
quote, 50% down and proof of insurance,
construction by USWC will begin. The cage
will be available to ACI for placement of
its equipment within 90 days of receipt of
the 50% down payment. Depending on
specific Wire Center conditions, shorter
intervals may be available. Final payment
is due upon completion of work.
7.4.3.2 If Physical Collocation is ordered from a
state Tariff then the available terminations
will be defined in each of those Tariffs.
7.4.3.3 Due to variables in equipment availability
and scope of the work to be performed,
additional time may be required for
implementation of the structure required to
support the Collocation request. Examples of
structure that may not be completed within 90
days may include additional time for
placement of a POI and DC power upgrades
required to meet ACI's Collocation request.
7.4.4 Ordering - Common Collocation
7.4.4.1 Upon receipt of a Collocation Order Form and
QPF, USWC will perform a feasibility study to
determine if adequate space can be found for
the placement of ACI's equipment within the
Central Office. The feasibility study will
be provided within 15 business days from date
of receipt of the Collocation Order Form and
QPF. If entrance facilities and office space
are found to be available, USWC will develop
a quote for supporting structure within 25
business days of providing the feasibility
study. Common Collocation price quotes will
be honored for 30 calendar days from the date
the quote is provided. During this period
the entrance facility and space is reserved
pending ACI's approval of the quoted charges.
If ACI agrees to the terms as stated in the
Collocation Price Quote, ACI must respond
within 30 days with a signed quote, a check
for 50% of the quoted charges and proof of
insurance. Upon receipt of the signed quote,
50% payment and proof of insurance,
construction by USWC will begin. The common
space including equipment bays and associated
apparatus provided by USWC, will be available
to ACI for placement of its equipment within
90 days of receipt of the 50% down payment.
Depending on specific Wire Center conditions,
shorter intervals may be available. Final
payment is due upon completion of work.
7.4.4.2 Due to variables in equipment availability
and scope of the work to be performed,
additional time may be required for
implementation of
PAGE 40
the structure required to support the
Collocation request. Examples of
structure that may not be completed within
90 days may include additional time for
placement of a POI and DC power upgrades
required to meet ACI's Collocation request.
7.5. BILLING
7.5.1 Billing - Collocation
Upon completion of the Collocation construction
activities and payment of the remaining nonrecurring
balance, USWC will provide ACI a completion package
that will initiate the recurring Collocation charges.
Once this completion package has been signed by ACI and
USWC, ACI may begin submitting service order requests
for USWC transport services and/or UNEs.
7.5.2 Billing - Virtual Collocation
Virtual Collocation will be considered complete when
the POI has been constructed, the shared fiber entrance
facility has been provisioned, and the collocated
equipment has been installed. Cooperative testing
between ACI and USWC may be negotiated and performed to
ensure continuity and acceptable transmission
parameters in the facility and equipment.
7.5.3 Billing - Physical and Common Collocation
Upon completion of the construction activities and
payment of the remaining nonrecurring charge, USWC will
turn over access to the space and provide security
access to the Wire Center. ACI will sign off on the
completion of the physical space via the Physical or
Common Collocation completion package. This will
activate the monthly billing for leased space. ACI may
then proceed with the installation of its equipment in
the Collocation space. Once ACI's equipment has been
installed and cable provided to the SPOT Frame, USWC
will complete all remaining work activities. A second
completion package will be provided for ACI's approval
of the project. This completion package will initiate
the recurring collocation charges associated with the
remaining monthly charges (e.g., Entrance Facility, DC
Power, SPOT Frame terminations, etc.)
7.6. MAINTENANCE AND REPAIR
7.6.1 Virtual Collocation
7.6.1.1 Maintenance Labor, Inspector Labor,
Engineering Labor and Equipment Labor
business hours are considered to be Monday
through Friday, 8:00am to 5:00pm (local time)
and after business hours are after 5:00pm and
before 8:00am (local time), Monday through
Friday, all day Saturday, Sunday and
holidays.
PAGE 41
7.6.1.2 Installation and maintenance of ACI's
virtually collocated equipment will be
performed by USWC or a USWC authorized
vendor.
7.6.1.3 Upon failure of ACI's virtually collocated
equipment, ACI is responsible for
transportation and delivery of maintenance
spares to USWC at the Wire Center housing the
failed equipment. ACI is responsible for
purchasing and maintaining a supply of
spares.
7.6.2 Physical Collocation
ACI is responsible for the maintenance and repair of
its equipment located within the ACI's caged space.
7.6.3 Common Collocation
ACI is responsible for the maintenance and repair of
its equipment located within the ACI's common space.
8. UNBUNDLED ACCESS/ELEMENTS
8.1 GENERAL TERMS
8.1.1 USWC agrees to provide the following unbundled Network
Elements which are addressed in more detail in later
sections of this Agreement: 1) local Loop, 2) local and
tandem switches (including all vertical switching
features provided by such switches), 3) interoffice
transmission facilities, 4) network interface devices,
5) signaling and call-related database facilities, 6)
operations support systems functions, and 7) operator
and directory assistance functions.
8.1.2 This Agreement provides for the provision of unbundled
Network Elements to ACI which ACI may connect or
combine for the purpose of offering finished retail
services. USWC will not combine USWC's unbundled
Network Elements to provide a finished service to ACI.
USWC agrees, however, to offer finished retail services
to ACI for resale pursuant to the Resale section of
this Agreement.
8.1.3 USWC will not restrict the types of telecommunications
services ACI may offer through unbundled elements, nor
will it restrict ACI from combining elements with any
technically compatible equipment ACI owns. USWC will
provide ACI with the same features, functions and
capabilities of a particular element that USWC provides
to itself, so that ACI can provide any
telecommunications services that can be offered by
means of the element.
PAGE 42
8.2 DESCRIPTION OF UNBUNDLED ELEMENTS
8.2.1 Tandem Switching
USWC will provide a tandem switching element on an
unbundled basis. The tandem switch element includes
the facilities connecting the trunk distribution frames
to the switch, and certain switching functions,
including those facilities that establish a temporary
transmission path between two other switches, but not
including the transport needed to complete the call.
The definition of the tandem switching element also
includes the functions that are centralized in tandems
rather than in separate end office switches, such as
call recording, the routing of calls to operator
services, and signaling conversion functions.
8.2.2 Interoffice Transport
USWC will provide access to dedicated transmission
facilities between its Central Offices or between such
offices and those of other carriers.
8.2.3 Digital Cross Connect System.
USWC will provide ACI with access to mutually agreed
upon digital cross-connect system (DCS) points.
8.2.4 Unbundled Loops
8.2.4.1 Service Description
8.2.4.1.1 An Unbundled Loop
establishes a transmission
path between a central
office distribution frame
(or equivalent) up to, and
including, USWC's network
interface device (NID)
and/or demarcation point.
For existing Loops, the
inside wire connection to
the NID, and/or demarcation
point, will remain intact.
8.2.4.1.2 Basic Unbundled Loops are
available as a two-wire or
four-wire, point-to-point
configuration suitable for
local exchange type
services within the analog
voice frequency range of
300 to 3000 Hz. For the
two-wire configuration, ACI
is requested to specify
loop start or ground start
option. The actual loop
facilities that provide
this service may utilize
various technologies or
combinations of
technologies. Basic
Unbundled Loops provide an
analog facility to ACI.
PAGE 43
8.2.4.1.2.1 When ACI requests a
nonloaded Unbundled
Loop and there are
none available, USWC
will dispatch a
technician to remove
load coils and
excess bridge taps
(i.e., "deload" and
condition the Loop)
in order to make a
Loop available. ACI
will be charged the
conditioning
nonrecurring charge
(cable unloading and
bridge tap removal)
in addition to the
Unbundled Loop
installation
nonrecurring charge.
8.2.4.1.2.2 If ACI orders
multiplexing, ACI
will be responsible
for notifying USWC
of the multiplexing
channel plug
requirements and
settings ACI desires
to be established.
If ACI wishes to
establish a standard
setting for all such
multiplexing, the
BFR process shall be
used to document
that request. The
multiplexing channel
plug requirements
and settings may
also be established
on a case by case
basis.
8.2.4.1.2.3 The actual Loop
facilities may
utilize various
technologies or
combinations of
technologies. If
USWC uses Integrated
Digital Loop Carrier
(IDLC) systems to
provide the local
Loop, to the extent
possible, USWC will
make alternate
arrangements to
permit ACI to order
a contiguous
unbundled local
Loop. This could
include finding
either a metallic or
universal digital
Loop carrier
facility
alternative. If
neither of these
alternatives are
available, the
request will become
a held order. ACI
has the alternative
to request USWC to
construct facilities
under the provisions
of the construction
charges section
contained herein.
8.2.4.2 Unbundled Loops are provided in accordance
with the specifications, interfaces and
parameters described in the appropriate
Technical Reference Publications. USWC's
sole obligation is to provide and maintain
Unbundled Loops in accordance with such
specifications, interfaces and parameters.
USWC does not warrant that Unbundled Loops
are compatible with any specific facilities
or equipment or can be used for any
particular purpose or service. Transmission
characteristics may vary depending
PAGE 44
on the distance between ACI's end user and
USWC's end office and may vary due to
characteristics inherent in the physical
network. USWC, in order to properly
maintain and modernize the network, may
make necessary modifications and changes
to the Network Elements in its network on
an as needed basis. Such changes may
result in minor changes to transmission
parameters. Changes that affect network
interoperability require advance notice
pursuant to the Notice of Changes section
of this Agreement.
8.2.4.3 Facilities and lines furnished by USWC on the
premises of ACI's end user and up to, and
including, the NID or equivalent are the
property of USWC. USWC must have access to
all such facilities for network management
purposes. USWC's employees and agents may
enter said premises at any reasonable hour to
test and inspect such facilities and lines in
connection with such purposes or upon
termination or cancellation of the Unbundled
Loop Service to remove such facilities and
lines.
8.2.4.4 Unbundled Loops include the facilities
between the USWC distribution frame up to and
including USWC's NID located at ACI's end
user premises. The connection between the
distribution frame and ACI facilities is
accomplished by ordering the applicable EICT
in conjunction with Expanded
Interconnection-Collocation as set forth in
USWC's Private Line Tariff. Regeneration for
the EICT may be required.
8.2.4.5 Ordering and Maintenance.
8.2.4.5.1 Prior to placing orders on
behalf of the end user, ACI
shall be responsible for
obtaining and have in its
possession Proof of
Authorization ("POA"). POA
shall consist of documentation
acceptable to USWC of the end
user's selection of ACI. Such
selection may be obtained in
the following ways:
8.2.4.5.1.1 The end user's
written Letter of
Authorization or
LOA.
8.2.4.5.1.2 The end user's
electronic
authorization by use
of an 800 number,
8.2.4.5.1.3 The end user's oral
authorization
verified by an
independent third
PAGE 45
party (with third
party verification
as POA).
8.2.4.5.1.4 A prepaid returnable
postcard supplied by
ACI which has been
signed and returned
by end user. ACI
will wait fourteen
(14) business days
after mailing the
postcard before
placing an order to
change.
8.2.4.5.2 If there is a conflict between
an end user (and/or its
respective agent) and ACI
regarding the disconnection or
provision of Unbundled Loops,
USWC will honor the latest
dated Letter of Authorization
designating an agent by the
end user or its respective
agent. If the end user's
service has not been
disconnected and Unbundled
Loop Service is not yet
established, ACI will be
responsible to pay the
nonrecurring charge as set
forth herein. If the end
user's service has been
disconnected and the end
user's service is to be
restored with USWC, ACI will
be responsible to pay the
applicable nonrecurring
charges as set forth in USWC's
applicable tariff, to restore
the end user's prior service
with USWC.
8.2.4.5.3 ACI is responsible for its own
end user base and will have
the responsibility for
resolution of any service
trouble report(s) from its end
users. USWC will work
cooperatively with ACI to
resolve trouble reports when
the trouble condition has been
isolated and found to be
within a portion of USWC's
network. ACI must provide to
USWC switch-based test results
when testing its end user's
trouble prior to USWC
performing any repair
functions. The Parties will
cooperate in developing
mutually acceptable test
report standards. When the
trouble is not in USWC's
network, USWC shall apply to
ACI the maintenance of service
charges in accordance with the
applicable time and materials
charges in USWC's tariff.
8.2.4.5.4 ACI will be responsible to
submit to USWC a disconnect
order for an Unbundled Loop
that is relinquished by the
end user due to cessation of
service. Unbundled Loop
facilities will be returned to
USWC when the disconnect order
is complete. In the event of
transfer of the end user's
service
PAGE 46
from one provider to another,
the new provider will issue a
request for transfer of
service, resulting in the
appropriate disconnection and
reconnection of service.
8.2.4.5.5 USWC will employ the following
ordering interval process when
receiving [Co-Provider's]
request for Unbundled Loops.
For one order at a specific
end user's premises:
1 order- within 5 business
day interval for order
completion by USWC.
For multiple orders at a
specific end user's
premises:
2-8 orders- within 5
business day interval for
order completion by USWC.
9-16 orders- within 6
business day interval for
order completion by USWC.
17-24 orders- within 7
business day interval for
order completion by USWC.
For related orders, new
connects will be physically
worked within the same
calendar day.
8.2.4.5.6 When ordering Unbundled
Loops, ACI is responsible for
obtaining or providing
facilities and equipment that
are compatible with the
service.
8.2.4.5.7 ACI will have responsibility
for testing the equipment,
network facilities and the
Unbundled Loop facility. If
USWC performs tests of the
Unbundled Loop facility at
ACI's request, and the fault
is not in the USWC facilities,
a charge shall apply.
8.2.4.5.8 ACI will be responsible for
providing battery and dial
tone to its connection point
two business days prior to
the due date on the service
order.
8.2.4.5.9 Provisions regarding Basic
Testing at Coordinated
Cutover Time shall be
negotiated between the
Parties on an individual case
basis.
PAGE 47
8.2.4.5.10 ACI and USWC will work
cooperatively to develop
forecasts for Unbundled Loop
service. USWC requests an
eighteen month forecast of
Unbundled Loop service. The
forecast will include the
specific serving Wire Center
that will be requested, plus
the specific quantity of each
service desired. The
forecast will be updated
quarterly, and will be
treated as ACI confidential
information.
8.2.4.6 Appendix A contains the rate information for
Unbundled Loops.
8.2.4.7 If applicable, the Bona Fide Request Process
will apply as detailed in the Bona Fide
Request Process section of this Agreement.
8.2.4.8 If applicable, Construction Charges, pursuant
to the Construction Charges section of this
Agreement, may apply to the construction of
new Unbundled Loops on behalf of ACI.
8.2.5 Local Switching Element
The unbundled switching element includes facilities
that are associated with the switch (e.g., Port),
facilities that are involved with switching the call,
access to vertical features (e.g., custom calling), and
all originating minutes of use from the unbundled
switching element, but not including transport from or
to the switch.
8.2.5.1 End Office Switching
8.2.5.1.1 Line-side and trunk-side
Ports are available. The
line-side Port is flat
rated and it includes:
8.2.5.1.1.1 Telephone Number
8.2.5.1.1.2 Directory Listing
8.2.5.1.1.3 Dial Tone
8.2.5.1.1.4 Signaling (loop or
ground start)
8.2.5.1.1.5 On/Off Hook
Detection
8.2.5.1.1.6 Audible and Power
Ringing
8.2.5.1.1.7 Automatic Message
Accounting (AMA)
Recording
8.2.5.1.1.8 Access to 911,
Operator Services,
and Directory
Assistance
8.2.5.1.1.9 Blocking Options
(900 services)
PAGE 48
8.2.5.1.2 Vertical features will be
offered as elements. These
elements are offered at the
retail rate with the
appropriate discounted rate
offered under resale.
8.2.5.1.3 Local originating usage
will be measured and billed
on minutes of use.
8.2.5.1.4 The access point for
line-side Port
interconnection is the
Single Point of Termination
(SPOT) bay of the USWC
designated serving Wire
Center.
8.2.5.1.5 The price for local
switching is described in
Appendix A.
8.2.5.2 Customized Routing
8.2.5.2.1 Description
Customized routing will
enable ACI to direct
particular classes of calls
to prearranged outgoing
trunks. ACI can use
customized routing to
direct its end users' calls
to 411, 555-1212, or O- to
its own directory
assistance, operator
services platform or
dedicated trunks.
8.2.5.2.2 Limitations
Because there is a
limitation in the capacity
of the 1A ESS switch,
custom routing will be
offered to Co-Providers on
a first-come, first-served
basis.
8.2.5.2.3 The price for custom
routing will be provided on
a case-by-case basis. The
price for custom routing is
comprised of a development
charge for a customized
Line Class Code and an
installation charge for
every switch the Line Class
Code is implemented.
8.2.5.3 Coin signaling is only available as part of
"smart PAL" service.
8.2.6 Network Interface Device (NID)
8.2.6.1 Service Description.
A device wired between a telephone
protector and the inside wiring to
isolate the end user's equipment from the
PAGE 49
network at the subscriber's premises. It
is a device for the termination of inside
wire that is available in single and
multiple pair configurations.
8.2.6.2 ACI may connect its loops, via its own NID,
to the USWC NID.
8.2.6.3 Any costs associated with USWC's connection
of ACI's NID to USWC's NID, will be the
responsibility of ACI.
8.2.6.4 The price for access to the NID will be
provided on a case-by-case basis.
8.2.7 Additional Unbundled Elements
ACI may request nondiscriminatory access to, and where
appropriate, development of additional unbundled
Network Elements not covered in this Agreement in
response to specific requests therefor, pursuant to the
Bona Fide Request Process detailed in the Bona Fide
Request Process section of this Agreement.
9. ANCILLARY SERVICES AND ARRANGEMENTS
9.1 SIGNALING ACCESS TO CALL-RELATED DATABASES
9.1.1 When ACI is purchasing local switching from USWC, USWC
will provide access via the STP to call related
databases used in AIN services. The Parties agree to
work in the industry to define the mediated access
mechanisms for SCP access. Access to the USWC Service
Management Systems (SMS) will be provided to ACI, via
the BFR process, to activate, modify, or update
information in the call related databases, equivalent
to the USWC access.
9.1.2 USWC will offer unbundled signaling via LIS-Common
Channel Signaling Capability (CCSAC). CCSAC service
utilizes the SS7 network and provides access to
call-related databases that reside at USWC's SCPs, such
as the Line Information Database (LIDB) and the 800
Database. The access to USWC's SCPs will be mediated
via the STP Port in order to assure network
reliability.
9.1.3 CCSAC includes:
9.1.3.1 Entrance Facility - This element connects
ACI's signaling point of interface with the
USWC serving wire center (SWC). ACI may
purchase this element or it may
self-provision the entrance facility. If the
entrance facility is
PAGE 50
self-provisioned, ACI would need to
purchase Collocation and an Expanded
Interconnection Channel Termination.
9.1.3.2 Direct Link Transport (DLT) - This element
connects the SWC to the USWC STP. ACI may
purchase this element or self-provision
transport directly to the STP. If ACI
provides the link to the STP, it must
purchase Collocation, an Expanded
Interconnection Channel Termination at the
STP location, and a direct link from the EICT
to the STP Port.
9.1.3.3 STP Port - This element provides the
switching function at the STP. One STP Port
is required for each DLT Link. The Port
provides interaction with the Service Control
Point (SCP). Port availability is limited.
9.1.3.4 Multiplexing - Multiplexing may be required
at either/both the SWC and/or Port. The
multiplexing options are the standard DS3 to
DS1 and DS1 to DS0 requirements.
9.1.4 Access to Advanced Intelligent Network (AIN) functions
is available only through the STP.
9.1.5 USWC will provide mediated access to SMS via the BFR
process, for the purpose of activating, modifying or
updating AIN service specification through its Service
Creation Environment (SCE) on an equivalent basis as
USWC provides to itself. SMS allows ACI to provision,
modify, or update information in call related
databases. Currently, the SCE process is predominantly
manual via a service center.
9.1.6 The pricing for CCSAC service is provided in Appendix
A.
9.2 Interim Number Portability
9.2.1 General Terms
9.2.1.1 The Parties shall provide Number Portability
on a reciprocal basis to each other to the
extent technically feasible, and in
accordance with rules and regulations as from
time to time prescribed by the FCC and/or the
Commission.
9.2.1.2 Until Permanent Number Portability is
implemented by the industry pursuant to
regulations issued by the FCC or the
Commission, the Parties agree to provide
Interim Number Portability ("INP") to each
other through remote call forwarding, direct
inward dialing and NXX migration.
PAGE 51
9.2.1.3 Once Permanent Number Portability is
implemented pursuant to FCC or Commission
regulation, either Party may withdraw, at any
time and at its sole discretion, its INP
offerings, subject to advance notice to the
other Party and coordination to allow the
seamless and transparent conversion of INP
end user numbers to Permanent Number
Portability. Upon implementation of
Permanent Number Portability pursuant to FCC
regulations, both Parties agree to conform
and provide such Permanent Number
Portability.
9.2.1.4 USWC will update its Line Information
Database ("LIDB") listings for retained
numbers as directed by ACI. USWC will
restrict or cancel calling cards associated
with these forwarded numbers. LIDB updates
shall be completed by the Parties on the same
business day each INP arrangement is
activated.
9.2.1.5 Upon request, USWC shall provide to ACI INP
via Direct Inward Dial Trunks pursuant to
applicable tariffs.
9.2.1.6 Where either Party has activated an entire
NXX for a single end user, or activated a
substantial portion of an NXX for a single
end user with the remaining numbers in that
NXX either reserved for future use or
otherwise unused, if such end user chooses to
receive service from the other Party, the
first Party shall cooperate with the second
Party to have the entire NXX reassigned in
the LERG (and associated industry databases,
routing tables, etc.) to an end office
operated by the second Party. Such transfer
will be accomplished with appropriate
coordination between the Parties and subject
to appropriate industry lead-times for
movement of NXXs from one switch to another.
Other applications of NXX migration will be
discussed by the Parties as circumstances
arise.
9.2.2 Description Of Service
9.2.2.1 Interim Number Portability ("INP") Service is
a service arrangement that can be provided by
USWC to ACI or by ACI to USWC. For the
purposes of this section, the Party porting
traffic to the other Party shall be referred
to as the "INP Provider" and the Party
receiving INP traffic for termination shall
be referred to as the "INP Requestor".
9.2.2.2 INP applies to those situations where an end
user elects to transfer service from the INP
Provider to the INP Requestor and such end
user also wishes to retain its
PAGE 52
existing telephone number. INP
consists of INP Provider's provision
to the INP Requestor the capability
to route calls placed to telephone
numbers assigned to the INP
Provider's switches to the INP
Requestor's switches. INP is
available only for working telephone
numbers assigned to the INP
Provider's end users who request to
transfer to the INP Requestor's
service.
9.2.2.3 INP is available as INP-Remote Call
Forwarding ("INP-RCF") permitting a call to
an INP Provider's assigned telephone number
to be translated to the INP Requestor's
dialable local number. INP Requestor may
terminate the call as desired. Additional
capacity for simultaneous call forwarding is
available where technically feasible. The
INP Requestor will need to specify the number
of simultaneous calls to be forwarded for
each number ported.
9.2.2.4 INP is subject to the following restrictions:
9.2.2.4.1 An INP telephone number may
be assigned by INP
Requestor only to the
Requestor's end users
located within the INP
Provider's local calling
area and toll rating area
that is associated with the
NXX of the portable number.
9.2.2.4.2 INP is applicable only if
the INP Requestor is
engaged in a reciprocal
traffic exchange
arrangement with the INP
Provider.
9.2.2.4.3 Only the existing, INP
Provider assigned end user
telephone number may be
used as a ported number for
INP.
9.2.2.4.4 INP will not be provided by
the INP Provider for end
users whose accounts are in
arrears and who elect to
make a change of service
provider unless and until
the following conditions
are met:
9.2.2.4.4.1 Full payment for the
account (including
directory
advertising charges
associated with the
end user's telephone
number) is made by
end user or INP
Requestor agrees to
make full payment on
behalf of end user.
9.2.2.4.4.2 INP Provider is
notified in advance
of the change in
service provider and
a Change of
Responsibility form
is issued.
PAGE 53
9.2.2.4.4.3 INP Provider accepts
the transfer of
responsibility.
9.2.2.4.5 INP services shall not be
re-sold, shared or assigned
by either Party to another
LEC or Co-Provider.
9.2.2.4.6 INP is not offered for NXX
Codes 555, 976, 960 and
coin telephones, and
Service Access Codes (i.e.
500, 700, 800/888, 900).
INP is not available for
FGA seven-digit numbers,
including foreign exchange
(FEX), FX and FX/ONAL and
foreign Central Office
Service. Furthermore, INP
numbers may not be used for
mass calling events.
9.2.2.4.7 The ported telephone number
will be returned to the
originating Party (or to
the common pool of
telephone numbers upon
implementation of Permanent
Number Portability) when
the ported service is
disconnected. The Party
purchasing a ported number
may not retain it and
reassign it to another end
user. The normal intercept
announcement will be
provided by the INP
Provider for the period of
time until the telephone
number is reassigned by the
INP Provider.
9.2.2.5 Ordering and Maintenance
9.2.2.5.1 The INP Requestor is
responsible for all
dealings with and on behalf
of its end users, including
all end user account
activity, e.g. end user
queries and complaints.
9.2.2.5.2 Each Party is responsible
for obtaining a Letter of
Authorization (LOA) from
its end users who request a
transfer of the end user's
telephone number from the
other Party.
9.2.2.5.3 The INP Provider will work
cooperatively with the INP
Requestor to ensure a
smooth end user transition
and to avoid unnecessary
duplication of other
facilities (e.g., Unbundled
Loops). The Parties will
cooperate to develop
intercompany procedures to
implement the requirements
of this paragraph.
9.2.2.5.4 If an end user requests
transfer of service from
the INP Requestor back to
the INP Provider, the INP
Provider may rely on that
end user request to
PAGE 54
institute cancellation of
the INP service. The INP
Provider will provide at
least 48 hours notice to
the INP Requestor of the
cancellation of INP
service, and will work
cooperatively with the INP
Requestor to ensure a
smooth end user transition
and to avoid unnecessary
duplication of other
facilities (e.g., Unbundled
Loops). The Parties will
cooperate to develop
intercompany procedures to
implement the requirements
of this paragraph.
9.2.2.5.5 Certain features are not
available on calls passed
through INP service.
9.2.2.5.6 The INP Requestor's
designated INP switch must
return answer and
disconnect supervision to
the INP Provider's switch.
9.2.2.5.7 The INP Requestor will
provide to the E911
database provider the
network telephone number
that the INP Requestor
assigned to the INP
Provider-assigned, ported
telephone number. Updates
to and maintenance of the
INP information to the E911
database are the
responsibility of the INP
Requestor.
9.2.2.5.8 The INP Requestor will
submit to the INP Provider
a disconnect order for each
ported number that is
relinquished by the INP
Requestor's end users.
9.2.2.6 Cost Recovery
The Parties agree that, for the purposes
of this Agreement that the following cost
structure is an acceptable measure of the
costs incurred by the INP Provider.
9.2.2.6.1 Number Ported -- This cost
is incurred per number
ported, per month. Should
the INP Requestor provide
the transport from the INP
Provider's end office to
the INP Requestor's end
office switch, a lower cost
is incurred. This cost
represents a single call
path from the INP
Provider's end office
switch to the INP Requestor
for the portable number.
9.2.2.6.2 Additional Call Path --
This cost is incurred per
additional call path per
month added to a particular
ported telephone number.
Should the INP Requestor
provide the transport from
the INP
PAGE 55
Provider's end office to
the INP Requestor's end
office switch, a lower cost
is incurred.
9.2.2.6.3 Service Establishment - Per
Route, Per Switch. This
non-recurring cost is
incurred for each INP
Provider's end office
switch that is equipped to
provide INP to the INP
Requestor.
9.2.2.6.4 Service Establishment -
Additional number ported or
changes to existing
numbers, per number ported
-- This non-recurring cost
is for each telephone
number equipped with INP.
9.2.2.6.5 The Parties agree that
Appendix A reasonably
identifies the above costs.
9.2.2.6.6 Each of the above costs
shall be borne by the INP
Requestor.
9.2.2.6.7 The INP Provider will, when
using RCF, send the
original ("ported") number
over the Interconnection
arrangements as the Calling
Party Number using the
signaling protocol
applicable to the
arrangements. The INP
Requestor will capture and
measure the number of
minutes of INP incoming
traffic. USWC will provide
(and update quarterly)
percentage distributions of
all terminating traffic in
the LATA by jurisdictional
nature of the traffic: a)
local; b) intrastate,
intraLATA switched access;
c) intrastate, interLATA
switched access; d)
interstate, intraLATA
switched access; e)
interstate, interLATA
switched access. Separate
residence and business
percentage distributions
will be provided, to the
extent possible. The
Parties agree to work
cooperatively to develop
and exchange the data
required to implement this
paragraph. The appropriate
percentage will be applied
to the number of minutes of
INP traffic in each
category to determine the
number of minutes eligible
for additional "pass
through" switched access
compensation. Pass through
switched access
compensation will be paid
at the following rates:
For all Intra-LATA
For all Intra-LATA
Toll and inter-LATA
minutes delivered
over INP, USWC will
pay, in addition to
reciprocal
compensation, the
applicable CCLC for
each minute.
PAGE 56
9.2.2.6.8 Rates are contained in
Appendix A.
9.3 911/E-911 SERVICE
9.3.1 Scope.
9.3.1.1 ACI exchanges to be included in USWC's E-911
Data Base will be indicated via written
notice and will not require an amendment to
this Agreement.
9.3.1.2 In counties where USWC has obligations under
existing agreements as the primary provider
of the 911 System to the county, ACI will
participate in the provision of the 911
System as described in this Agreement.
9.3.1.2.1 Each Party will be
responsible for those
portions of the 911 System
for which it has total
control, including any
necessary maintenance to
each Party's portion of the
911 System.
9.3.1.2.2 USWC, or its agent, will be
responsible for maintaining
the E-911 Data Base. USWC,
or its agent, will provide
to ACI an initial copy of
the most recent Master
Street Address Guide
("MSAG"), and subsequent
versions on a quarterly
basis, at no charge. MSAGs
provided outside the
quarterly schedule will be
provided and charged on an
individual case basis. The
data will be provided in
computer readable format.
9.3.1.2.3 For selective routing table
updates, ACI will negotiate
directly with USWC's data
base provider for the input
of end user data into the
USWC Automatic Location
Identification ("ALI") data
base. ACI will negotiate
directly with the Public
Safety Answering Point
("PSAP")'s (or PSAP
agency's) DMS/ALI provider
for input of end user data
into the ALI data base. In
most cases the selective
routing table updates and
the ALI data base will be
managed by the same
provider. ACI assumes all
responsibility for the
accuracy of the data that
ACI provides for MSAG
preparation and E-911 Data
Base operation.
9.3.1.2.4 ACI will provide end user
data to USWC's agent for
the USWC ALI data base
utilizing NENA-02-001
Recommended Formats For
Data Exchange, NENA-02-002
Recommended Standard For
Street
PAGE 57
Thoroughfare Abbreviations
and NENA-02-003 Recommended
Protocols For Data
Exchange. USWC will
furnish ACI any variations
to NENA recommendations
required for ALI data base
input.
9.3.1.2.5 ACI will provide end user
data to USWC's agent for
the USWC ALI data base that
are MSAG valid and meet all
components of the
NENA-02-004 Recommended
Measurements For Data
Quality.
9.3.1.2.6 ACI will update its end
user records provided to
USWC's agent for the USWC
ALI data base to agree with
the 911 MSAG standards for
its service areas.
9.3.1.2.7 USWC will provide ACI with
the identification of the
USWC 911 controlling office
that serves each geographic
area served by ACI.
9.3.1.2.8 The Parties will cooperate
in the routing of 911
traffic in those instances
where the ALI/ANI
information is not
available on a particular
911 call.
9.3.1.2.9 USWC will provide ACI with
the ten-digit telephone
numbers of each PSAP
agency, for which USWC
provides the 911 function,
to be used by ACI to
acquire emergency telephone
numbers for operators to
handle emergency calls in
those instances where the
ACI end user dials "O"
instead of "911".
9.3.1.2.10 ACI will provide USWC with
the ten-digit telephone
numbers of each PSAP
agency, for which ACI
provides the 911 function,
to be used by USWC to
acquire emergency telephone
numbers for operators to
handle emergency calls in
those instances where the
USWC end user dials "O"
instead of "911".
9.3.1.3 If a third party; i.e., LEC, is the primary
service provider to a county, ACI will
negotiate separately with such third party
with regard to the provision of 911 service
to the county. All relations between such
third party and ACI are totally separate from
this Agreement and USWC makes no
representations on behalf of the third party.
9.3.1.4 If ACI is the primary service provider to the
county, ACI and USWC will negotiate the
specific provisions necessary
PAGE 58
for providing 911 service to the county
and will include such provisions in an
amendment to this Agreement.
9.3.1.5 ACI will separately negotiate with each
county regarding the collection and
reimbursement to the county of applicable end
user taxes for 911 service.
9.3.1.6 ACI is responsible for network management of
its network components in compliance with the
Network Reliability Council Recommendations
and meeting the network standard of USWC for
the 911 call delivery.
9.3.1.7 The Parties shall provide a single point of
contact to coordinate all activities under
this Agreement.
9.3.1.8 Neither Party will reimburse the other for
any expenses incurred in the provision of
E-911 services up to P.01 grade of service.
9.3.2 Performance Criteria. E-911 Data Base accuracy shall
be as set forth below:
9.3.2.1 Accuracy of ALI data will be measured jointly
by the PSAPs and USWC in a format supplied by
USWC. The reports shall be forwarded to ACI
by USWC when relevant and will indicate
incidents when incorrect or no ALI data is
displayed.
9.3.2.2 Each discrepancy report will be jointly
researched by USWC and ACI. Corrective
action will be taken immediately by the
responsible Party.
9.3.2.3 Each Party will be responsible for the
accuracy of its end user records. Each Party
specifically agrees to indemnify and hold
harmless the other Party from any claims,
damages, or suits related to the accuracy of
end user data provided for inclusion in the
E-911 Data Base.
9.3.2.4 For PSAP default routing purposes, ACI will
establish separate trunks for the USWC
selective router for each PSAP jurisdictional
area it serves from a given switch.
9.3.2.5 The additional parameters by which the
Parties will utilize the 911 or E-911
database will be the subject of further
discussion between the Parties.
PAGE 59
9.4 DIRECTORY ASSISTANCE
9.4.1 USWC agrees to (1) provide to ACI's operators on-line
access to USWC's directory assistance database; (2)
provide to ACI unbranded directory assistance service
(3) provide to ACI directory assistance service under
the ACI brand (where technically feasible); (4) allow
ACI or ACI's designated operator bureau to license
USWC's directory assistance database for use in
providing competitive directory assistance services.
Prices for all of these services will be determined on
an individual case basis.
9.4.2 The price for directory assistance, provided pursuant
to this Agreement, is specified in Appendix A. As an
alternative, the Parties may obtain directory
assistance service pursuant to retail directory
assistance tariffs.
9.4.3 The price for directory call completion services is
specified in Appendix A, pending the completion of an
approved cost study. Additional charges, for USWC
IntraLATA Toll services, also apply for completed
IntraLATA Toll calls. IntraLATA Toll service shall be
available pursuant to the wholesale discount provided
in the Resale section of this Agreement. Call
completion service is an optional service. ACI may, at
its option, request USWC to not provide call completion
services to ACI end users.
9.5 WHITE PAGES DIRECTORY LISTINGS
9.5.1 Scope.
9.5.1.1 White Pages Listings Service ("Listings")
consists of USWC placing the names, addresses
and telephone numbers of ACI's end users in
USWC's listing database, based on end user
information provided to USWC by ACI. USWC is
authorized to use Listings in Directory
Assistance (DA) and as noted in paragraph
9.5.1.4, below.
9.5.1.2 ACI will provide in standard, mechanized
format, and USWC will accept at no charge,
one primary listing for each main telephone
number belonging to ACI's end users. Primary
listings are as defined for USWC end users in
USWC's general exchange tariffs. ACI will be
charged for premium and privacy listings,
e.g., additional, foreign, cross reference,
informational, etc., at USWC's general
exchange listing tariff rates, less the
wholesale discount. If ACI utilizes Remote
Call Forwarding for local number portability,
ACI can list only one number without charge -
either the end user's original telephone
number or the ACI-assigned number. The
standard discounted rate for an additional
listing applies to the other number.
PAGE 60
9.5.1.3 USWC will furnish ACI the Listings format
specifications. ACI may supply a maximum of
one batch file daily, containing only
Listings that completed on or prior to the
transmission date. USWC cannot accept
Listings with advance completion dates.
Large volume activity (e.g., 100 or more
listings) on a caption set is considered a
project that requires coordination between
ACI and USWC to determine time frames.
9.5.1.4 ACI grants USWC a non-exclusive license to
incorporate Listings information into its
directory assistance database. ACI hereby
selects one of two options for USWC's use of
Listings and dissemination of Listings to
third parties.
EITHER:
9.5.1.4.1 Treat the same as USWC's
end user listings - No
prior authorization is
needed for USWC to release
Listings to directory
publishers or other third
parties. USWC will
incorporate Listings
information in all existing
and future directory
assistance applications
developed by USWC. ACI
authorizes USWC to sell and
otherwise make Listings
available to directory
publishers. USWC shall be
entitled to retain all
revenue associated with any
such sales. Listings shall
not be provided or sold in
such a manner as to
segregate end users by
carrier.
OR:
9.5.1.4.2 Restrict to USWC's
directory assistance --
Prior authorization
required by ACI for all
other uses. ACI makes its
own, separate agreements
with USWC, third parties
and directory publishers
for all uses of its
Listings beyond directory
assistance. USWC will sell
Listings to directory
publishers (including
USWC's publisher
affiliate), other third
parties and USWC products
only after the third party
presents proof of ACI's
authorization. USWC shall
be entitled to retain all
revenue associated with any
such sales. Listings shall
not be provided or sold in
such a manner as to
segregate end users by
carrier.
ACI hereby selects Option ______.
PAGE 61
9.5.1.5 To the extent that state tariffs limit USWC's
liability with regard to Listings, the
applicable state tariff(s) is incorporated
herein and supersedes the Limitation of
Liability section of this Agreement with
respect to Listings only.
9.5.2 USWC Responsibilities
9.5.2.1 USWC is responsible for maintaining Listings,
including entering, changing, correcting,
rearranging and removing Listings in
accordance with ACI orders. USWC will take
reasonable steps in accordance with industry
practices to accommodate non-published and
non-listed Listings provided that ACI has
supplied USWC the necessary privacy
indicators on such Listings.
9.5.2.2 USWC will include ACI Listings in USWC's
Directory Assistance service to ensure that
callers to USWC's Directory Assistance
service have non-discriminatory access to
ACI's Listings.
9.5.2.3 USWC will ensure the ACI Listings provided to
USWC are included in the white pages
directory published on USWC's behalf, in
accordance with ACI's selection under Section
9.5.1.4, above.
9.5.3 ACI Responsibilities
9.5.3.1 ACI agrees to provide to USWC its end user
names, addresses and telephone numbers in a
standard mechanized format, as specified by
USWC.
9.5.3.2 ACI will supply its ACNA/CIC or CLCC/OCN, as
appropriate, with each order to provide USWC
the means of identifying Listings ownership.
9.5.3.3 ACI represents and warrants the end user
information provided to USWC is accurate and
correct. ACI further represents and warrants
that it has reviewed all Listings provided to
USWC, including end user requested
restrictions on use such as non-published and
non-listed. ACI shall be solely responsible
for knowing and adhering to state laws or
rulings regarding Listings (e.g., no
solicitation requirements in the states of
Arizona and Oregon, privacy requirements in
Colorado), and for supplying USWC with the
applicable Listing information.
PAGE 62
9.5.3.4 ACI is responsible for all dealings with, and
on behalf of, ACI's end users, including:
9.5.3.4.1 All end user account
activity, e.g. end user
queries and complaints.
9.5.3.4.2 All account maintenance
activity, e.g., additions,
changes, issuance of orders
for Listings to USWC.
9.5.3.4.3 Determining privacy
requirements and accurately
coding the privacy
indicators for ACI's end
user information. If end
user information provided
by ACI to USWC does not
contain a privacy
indicator, no privacy
restrictions will apply.
9.5.3.4.4 Any additional services
requested by ACI's end
users.
9.6 BUSY LINE VERIFY AND BUSY LINE INTERRUPT SERVICES
9.6.1 Busy Line Verification ("BLV") is performed when one
Party's end user requests assistance from the operator
bureau to determine if the called line is in use,
however, the operator bureau will not complete the call
for the end user initiating the BLV inquiry. Only one
BLV attempt will be made per end user operator bureau
call, and a charge shall apply whether or not the
called party releases the line.
9.6.2 Busy Line Verification Interrupt ("BLVI") is performed
when one Party's operator bureau interrupts a telephone
call in progress after BLV has occurred. The operator
bureau will interrupt the busy line and inform the
called party that there is a call waiting. The
operator bureau will only interrupt the call and will
not complete the telephone call of the end user
initiating the BLVI request. The operator bureau will
make only one BLVI attempt per end user operator
telephone call and the applicable charge applies
whether or not the called party releases the line.
9.6.3 The rates for Busy Line Verify and Busy Line Verify and
Interrupt are specified in Appendix A.
9.6.4 Each Party's operator bureau shall accept BLV and BLVI
inquiries from the operator bureau of the other Party
in order to allow transparent provision of BLV/BLVI
traffic between the Parties' networks.
9.6.5 Each Party shall route BLV/BLVI traffic inquiries over
separate direct trunks (and not the local/intraLATA
trunks) established between the Parties' respective
operator bureaus.
PAGE 63
9.7 TOLL AND ASSISTANCE OPERATOR SERVICES
9.7.1 Description of Serice.
Toll and Assistance refers to functions end users associate
with the "O" operator. Subject to availability and capacity,
access may be provided via operator services trunks purchased
from USWC or provided by ACI via Collocation arrangements to
route calls to ACI's platform.
9.7.2 Functions include:
9.7.2.1 O-Coin, Automatic Coin Telephone Service
(ACTS) - these functions complete coin calls,
collect coins and provide coin rates.
9.7.2.2 Alternate Billing Services (ABS or O+
dialing): Xxxx to third party, Collect and
Mechanized Credit Card System (MCCS).
9.7.2.3 O- or operator assistance which provides
general assistance such as dialing
instruction and assistance, rate quotes,
emergency call completion and providing
credit.
9.7.2.4 Automated Branding - ability to announce the
carrier's name to the end user during the
introduction of the call.
9.7.2.5 Rating Services - operators have access to
tables that are populated with all toll rates
used by the operator switch.
9.7.3 Pricing for Toll and Assistance Operator Services shall
be determined on a case-by-case basis, upon request.
9.7.4 Interconnection to the USWC Toll and Assistance
Operator Services from an end office to USWC T/A is
technically feasible at three distinct points on the
trunk side of the switch. The first connection point
is an operator services trunk connected directly to the
T/A host switch. The second connection point is an
operator services trunk connected directly to a remote
T/A switch. The third connection point is an operator
services trunk connected to a remote access tandem with
operator concentration capabilities.
9.7.5 Trunk provisioning and facility ownership will follow
the guidelines recommended by the Trunking and Routing,
IOF and Switch sub-teams. All trunk interconnections
will be digital.
9.7.6 Toll and Assistance interconnection will require an
operator services type trunk between the end office and
the interconnection point on the USWC switch.
PAGE 64
9.7.7 Connecting a position to the host system requires two
circuits (one voice and one data) per position on a T1
facility.
9.7.8 The technical requirements of operator services type
trunks and the circuits to connect the positions to the
host are covered in the OSSGR under Section 6
(Signaling) and Section 10 (System Interfaces) in
general requirements form.
9.7.9 Specific provisions regarding Operator Services will be
addressed in a separate agreement between the Parties.
9.8 INTERCONNECTION TO LINE INFORMATION DATA BASE (LIDB)
9.8.1 Description of Line Information Data Base (LIDB).
Line information Data Base (LIDB) stores various line
numbers and Special Billing Number (SBN) data used by
operator services systems to process and xxxx calls.
The operator services system accesses LIDB data to
provide origination line (calling number), billing
number and termination line (called number) management
functions. LIDB is used for calling card validation,
fraud verification, preferred IC association with the
calling card, billing or service restrictions and the
sub-account information to be included on the call's
billing record.
9.8.2 Interfaces.
Bellcore's GR-446-CORE defines the interface between
the administration system and LIDB including specific
message formats. (Bellcore's TR-NWP-000029, Section 10)
9.8.3 LIDB Access.
9.8.3.1 All LIDB queries and responses from operator
services systems and end offices are
transmitted over a CCS network using a
Signaling System 7 (SS7) protocol
(TR-NWT-000246, Xxxx Communications Research
Specification of Signaling System 7).
9.8.3.2 The application data needed for processing
LIDB data are formatted as TCAP messages.
TCAP messages may be carried as an
application level protocol using SS7
protocols for basic message transport.
9.8.3.3 The SCP node provides all protocol and
interface support. ACI SS7 connections will
be required to meet Bellcore's GR905. TR954
and USWC's Technical Publication 77342
specifications.
PAGE 65
9.8.3.4 Non-USWC companies will submit LIDB updates
via a manual fax process being developed. An
electronic capability is being designed to
allow ACI to add, update, and delete their
line records.
9.8.3.5 It is currently USWC's policy to allow LIDB
access to non-USWC companies through regional
STPs.
9.8.4 Pricing for LIDB access shall be determined
on a case-by-case basis and will be included
in a separate LIDB agreement between the
parties.
9.9 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY
Each Party shall provide the other Party access to its poles,
ducts, rights-of-way and conduits it controls on terms,
conditions and prices comparable to those offered to any other
entity pursuant to each Party's applicable tariffs and/or
standard agreements.
9.10 MISCELLANEOUS ANCILLARY SERVICES.
Miscellaneous ancillary services will be addressed in separate
agreements between the Parties. These include, but are not
limited to 800 and CMDS.
10. ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
USWC is developing a proposal for access to its Operational Support
Systems (OSS) to meet the requirements of the FCC's 1st and 2nd Orders
and to provide ACI with electronic interfaces for pre-ordering,
ordering, demand repairs and billing functions for Plain Old Telephone
Services (POTS). These interfaces will also have the necessary
mediation to protect the integrity of the network as well as allay any
privacy concerns for end user information. The components described in
this section are conceptual in nature and will be subject to change as
the implementation process proceeds. There will be charges associated
with the introduction of the interface and ongoing access to OSS
operations which will include an initial access fee and an ongoing
charge as described more fully below.
10.1 OPERATIONAL SYSTEMS INTERFACES - INTERFACE IMPLEMENTATION
TIMETABLE
USWC's initial operational systems interfaces have been
deployed and will support Pre-ordering, Ordering, Provisioning
and Repair capabilities for POTS (non-design) services and
Billing capabilities for most USWC product offerings.
Subsequent phases of the plan incorporate the capabilities to
support designed services for Pre-ordering, Ordering,
Provisioning, and Maintenance and Repair. The specific features
and functions are not discussed in this Agreement.
PAGE 66
10.2 OSS INTERFACE DESIGN
10.2.1 USWC will develop OSS interfaces using an electronic
gateway solution consistent with the design prescribed
by the FCC, Docket 96-98, FCC 96-325, paragraph 527.
These gateways will act as a mediation or control point
between ACI's and USWC's Operations Systems.
Additionally, these gateways will provide security for
the interface, protecting the integrity of the USWC
network and its databases.
10.2.2 USWC proposes the use of the existing Electronic Data
Interchange ("EDI") standard for the transmission of
monthly local billing information. EDI is an
established standard under the auspices of the American
National Standards Institute/Accredited Standards
Committee (ANSI/ASC) X12 Committee. A proper subset of
this specification has been adopted by the
Telecommunications Industry Forum (TCIF) as the "811
Guidelines" specifically for the purposes of
telecommunications billing.
10.2.3 For the exchange of daily usage data, including third
party billed, collect, and card calls, USWC will use
the Bellcore EMR format for the records, using the
Network Data Mover ("NDM"), otherwise also known as the
Connect:Direct method to transmit the information to
carriers.
10.3 ACCESSIBLE OSS FUNCTIONS
10.3.1 Pre-ordering
"Pre-Ordering" refers to the set of activities whereby
a service representative dialogs with ACI in order to
obtain service availability. In today's environment,
the pre-order process is performed in conjunction with
placing an order. Packaged as a separate activity,
pre-order consists of the following functions: verify
an address, check service availability, and return end
user service information. USWC will provide on-line
capabilities to perform these functions. These
functions are described as follows.
10.3.1.1 Address Verification
This transaction will verify the end user's
address.
If the address does not match USWC records,
the AVR transaction will return "partial
match" addresses and/or help as appropriate
to assist ACI to properly identify the end
user's address for verification.
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Once the address is verified, the AVR
transaction will return the valid address and
the current status (working, non-working, or
pending out) and the date the status was
posted for each line at the address.
If USWC does not have a record of the
address, ACI will have to contact USWC to
input the record before the order can be
submitted.
Note:
10.3.1.1.1 No detailed facility
information (i.e., cable
pair) will be returned as
part of this transaction.
10.3.1.1.2 Rural addresses will not be
supported.
10.3.1.1.3 The AVQ/AVR transaction
attributes currently don't
reflect the attributes
required to support the
error scenarios.
10.3.1.2 Service Availability
This transaction will return the list of
products and services available for
resale in the central office serving a
particular end user address. The
USWC rates for the products and
services will also be returned, but
the ACI discount will not be applied.
10.3.1.3 End User Service Information Request
Gives ACI the ability to request a listing of
services and features USWC is currently
providing to an end user and the rates USWC
is charging for such services.
10.3.1.4 View/Update Service Query/Service Request
Response
Gives ACI the ability to view or update an
existing Service Request (SR).
10.3.1.5 Store Service Request
This transaction allows ACI to store a new or
existing SR.
This SR can be stored for the number of
business days specified in USWC's methods and
procedures before the SR must be submitted to
USWC as a Work Order.
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USWC will store the SR on-line until the
associated Work Order is canceled by ACI or
completed by USWC.
10.3.2 Ordering
With the pre-ordering steps completed, the requisite
information will have been obtained from ACI and the
initiation of a service order can begin. Submitting a
service order will result in the provisioning and
installation, if necessary, of an end user's service.
The functional set required to order service is: open
a service order, check facility availability, reserve
an appointment if technician work is required in the
field or at the end user's premises, reserve a
telephone number if appropriate, cancel a service
order, change a service order, send a firm order
confirmation, support for work order status queries,
and send notification of order completion.
10.3.2.1 Facility Availability
For each new line requested, this transaction
will indicate if existing facilities are
available or if new facilities are required,
and if a technician must be dispatched to
provide the facilities requested at the end
user's address.
This transaction must be executed for any new
line(s) requested.
Note:
10.3.2.1.1 This transaction does not
reserve facilities and does
not guarantee that
facilities will be
available when the work
order is submitted.
10.3.2.1.2 USWC will automatically
execute this transaction as
part of order processing,
any time a new line or
transfer line is requested.
10.3.2.2 Telephone Number Availability
Enables a telephone number (TN) to be
assigned to a line. ACI will be able to
accept the TN or exchange the TN for two
other TNs. If the end user requests a
specific number or a vanity number, ACI must
call the USWC Number Assignment Center (NAC)
and the request will be handled manually.
ACI will not have direct access to the
telephone number assignment system.
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10.3.2.3 Exchange Telephone Numbers/Response
Enables ACI to exchange the TN returned by
the Telephone Number Availability Transaction
for two more TNs. ACI must select one of the
three TNs to proceed with the Work Order.
10.3.2.4 Return Telephone Numbers
Enables ACI to reject the TNs returned by the
Telephone Number Availability transaction and
the TNs will be returned to the pool.
10.3.2.5 Telephone Number Accept
Allows ACI to reserve one telephone number
returned by the Telephone Number Availability
transaction for a period of one (1) day so
that the end user can be informed of the
TN(s) prior to the actual submission of a
Work Order. The Work Order must be submitted
before the TN expires, otherwise the TN will
be returned to the available pool of TNs.
10.3.2.6 Appointment Availability
Allows ACI to select an appointment from a
calendar of available appointments. ACI will
not have direct access to the system but USWC
will automatically execute this transaction
after the Work Order has been submitted and a
technician must be dispatched.
10.3.2.7 Appointment Reservation
Enables ACI to reserve an available
appointment after the appointment
availability calendar has been returned to
ACI by USWC. USWC will return a confirmation
number.
10.3.2.8 Work Order/Firm Order Completion
The work order provides the information and
actions required for USWC to provision
products, services and features. This
transaction will also be used to cancel and
change existing work orders. The information
contained in a work order identifies ACI, the
end user desired due date, the service being
requested, the order type (only change and
migration to ACI), POA (Proof of
Authorization), class of service, telephone
number and additional information
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needed to successfully provision the
requested service to the end user.
Once a work order is accepted by USWC, the
assigned service order number will be
returned to ACI. This may not happen in real
time. ACI can then use the service order
number to status the work order. Firm Order
Confirmation means that USWC has received the
order and assigned an order number for
tracking. It does not mean that edits have
been applied, so errors may still exist on
the order.
10.3.2.9 Status Query/Response
This transaction will allow ACI to obtain the
status of a work order. USWC will return the
current status, remarks and due date for
specified work order.
Note: This status request is issued by ACI
on demand. Real Time Order Completion and
Jeopardy Notification is not proactively
issued by USWC.
10.3.2.10 Order Completion Report
Provides ACI with a daily (Monday - Saturday)
report, electronically, that identifies all
work orders that were completed by USWC on
that date. This report is called the
Co-Provider Completion Report.
10.3.3. Repair
Repair functions allow ACI to report trouble with
communications circuits and services provided by USWC.
The functions, processes and systems used in repair are
based on a Trouble Report (TR), which is an electronic
document maintained in one or more Operations Systems.
A TR contains information about the end user, the
trouble, the status of the work on the trouble and the
results of the investigation and resolution efforts.
These business processes have been summarized and will
be made available to ACI in the following functional
set: open a trouble report, cancel a trouble report,
send notification of status change and close a trouble
report.
10.3.3.1 Verify Request
This transaction will be used to verify
vertical features the end user currently
owns. Technical discussions (e.g.,
PAGE 71
Security) are currently ongoing within USWC
as to how to provide this capability.
10.3.3.2 Open Trouble Report
Gives ACI the capability to open a TR with
USWC.
10.3.3.3 Open Trouble Report Response
Gives ACI the capability to the Open TR
request and contains information about the TR
that ACI needs to track or to convey to ACI's
end user.
10.3.3.4 Completion Notification
Provides notification to ACI that a TR has
been closed because the trouble was resolved.
10.3.3.5 Cancel Trouble Report Instruction
Allows ACI to cancel a previously opened TR.
10.3.3.6 Status Change Notification
Provides notification to ACI that the status
of a previously opened TR has changed.
10.4 BILLING INTERFACES
USWC offers interfaces for the exchange of several types of
billing data:
- Monthly Billing Information,
- Daily Usage Data,
- Local Account Maintenance Report,
- Centralized Message Distribution System
(CMDS) messages,
- Routing of in-region intraLATA collect,
calling card, and third number billed
messages.
10.4.1 Monthly Billing Information
Includes all connectivity charges, credits, and
adjustments related to network elements and
USWC-provided local service.
10.4.2 Daily Usage Data
The accumulated set of call information for a given day
as captured, or "recorded," by the network switches.
USWC xxxx
XXXX 72
provide this data to ACI with the same level of
precision and accuracy it provides itself. Such
precision cannot and will not exceed the current
capabilities of the software in the switches today.
10.4.3 Local Account Maintenance Report
The list of phone numbers to which the carrier is no
longer providing service since the last report.
10.4.4 Centralized Message Distribution System ("CMDS")
Distribution of CMDS messages for ACI end users.
10.4.5 Routing of In-region IntraLATA Collect, Calling Card,
and Third Number Billed Messages
USWC will distribute in-region intraLATA collect,
calling card, and third number billed messages to ACI
and exchange with other Co-Providers operating in
region in a manner consistent with existing
inter-company processing agreements. Whenever the
daily usage information is transmitted to a carrier, it
will contain the records for these types of calls as
well.
10.5 Compensation
10.5.1 Compensation for OSS access will consist of an initial
access fee which will be determined based on the
specific access engineered and implemented for ACI and
is a function of the numbers of ACI business office and
repair service representatives accessing the system.
The fee will include costs for hardware (if purchased
through USWC), software (which must be purchased
through USWC), telecommunications links and labor
incurred to establish the interfaces to USWC's OSS for
ACI. The costs will be substantiated by purchasing
invoices for the communications and computing hardware
and software, and by time reports for the labor
expended in their design and implementation. Labor
will be billed at the prevailing rates for contract
labor for similar services. USWC will xxxx ACI in a
nondiscriminatory manner for OSS based on approved
prices. USWC will work cooperatively with ACI to
establish a payment schedule for true-up of OSS prices
from the time OSS is established to the time OSS is
approved.
10.5.2 The ongoing charge will be billed at a rate to be
specified by the Commission at the completion of an
appropriate cost study hearing.
PAGE 73
11. RESALE
11.1 DESCRIPTION
11.1.1 USWC Basic Exchange Telecommunications Service and
Basic Exchange Switched Features (as defined in Section
3) and IntraLATA Toll originating from USWC exchanges
will be available for resale from USWC pursuant to the
Act and will reference terms and conditions (except
prices) in USWC tariffs, where applicable. Appendix A
lists services which are available for resale under
this Agreement and applicable discounts.
11.1.2 The Parties agree that, at this time, certain USWC
services are not available for resale under this
Agreement and certain other USWC services are available
for resale but at no discount, as identified in
Appendix A or in individual state tariffs. The
availability of services and applicable discounts
identified in Appendix A or in individual tariffs are
subject to change pursuant to the Rates and Charges
sub-section of this Resale section.
11.1.3 The scope of restrictions in 11.1.1 and 11.1.2 are
subject to the state rules and decisions.
11.2 SCOPE
11.2.1 Basic Exchange Telecommunications Service, Basic
Exchange Switched Features and IntraLATA Toll may be
resold only for their intended or disclosed use and
only to the same class of end user to which USWC sells
such services e.g., residence service may not be resold
to business end users.
11.2.2 USWC shall provide to ACI services for resale that are
equal in quality, subject to the same conditions
(including the conditions in USWC's effective tariffs),
within provisioning time intervals that are
substantially equal to the intervals USWC provides
these services to others, including its end users, and
in accordance with any applicable state Commission
service quality standards, including standards a state
Commission may impose pursuant to Section 252 (e)(3) of
the Act.
11.3 ORDERING AND MAINTENANCE
11.3.1 ACI, or ACI's agent, shall act as the single point of
contact for its end users' service needs, including
without limitation, sales, service design, order
taking, provisioning, change orders, training,
maintenance, trouble reports, repair, post-sale
servicing, billing, collection and inquiry. ACI shall
make it clear to its end users that
PAGE 74
they are end users of ACI for resold services. ACI's
end users contacting USWC will be instructed to contact
ACI; however, nothing in this Agreement, except as
provided below, shall be deemed to prohibit USWC from
discussing its products and services with ACI's end
users who call USWC for any reason.
11.3.2 ACI shall transmit to USWC all information necessary
for the installation (billing, listing and other
information), repair, maintenance and post-installation
servicing according to USWC's standard procedures, as
described in the USWC resale operations guide that will
be provided to ACI. When USWC's end user or the end
user's new service provider discontinues the end user's
service in anticipation of moving to another service
provider, USWC will render its closing xxxx to the end
user effective with the disconnection. If USWC is not
the local service provider, USWC will issue a xxxx to
ACI for that portion of the service provided to ACI
should ACI's end user, a new service provider, or ACI
request service be discontinued to the end user. USWC
will notify ACI by FAX, OSS, or other processes when an
end user moves to another service provider. USWC will
not provide ACI with the name of the other Reseller or
service provider selected by the end user. The Parties
agree that they will not transfer to each other their
respective end users whose accounts are in arrears.
The Parties further agree that they will work
cooperatively together to develop the standards and
processes applicable to the transfer of such accounts.
11.3.3 ACI shall provide USWC and USWC shall provide ACI with
points of contact for order entry, problem resolution
and repair of the resold services.
11.3.4 Prior to placing orders on behalf of the end user, ACI
shall be responsible for obtaining and have in its
possession Proof of Authorization ("POA"). POA shall
consist of documentation acceptable to USWC of the end
user's selection of ACI. Such selection may be
obtained in the following ways:
11.3.4.1 The end user's written Letter of
Authorization or LOA.
11.3.4.2 The end user's electronic authorization by
use of an 800 number,
11.3.4.3 The end user's oral authorization verified by
an independent third party (with third party
verification as POA).
11.3.4.4 A prepaid returnable postcard supplied by ACI
which has been signed and returned by end
user. ACI will wait
PAGE 75
fourteen (14) business days after mailing
the postcard before placing an order to
change.
11.3.5 ACI shall make POAs available to USWC upon request.
Prior to placing orders that will disconnect a line
from another Reseller's account ACI is responsible for
obtaining all information needed to process the
disconnect order and re-establish the service on behalf
of the end user. Should an end user dispute or a
discrepancy arise regarding the authority of ACI to act
on behalf of the end user, ACI is responsible for
providing written evidence of its authority to USWC
within three (3) business days. If there is a conflict
between the end user designation and ACI's written
evidence of its authority, USWC shall honor the
designation of the end user and change the end user
back to the previous service provider. If ACI does not
provide the POA within three (3) business days, or if
the end user disputes the authority of the POA, then
the ACI must, by the end of the third business day:
11.3.5.1 notify USWC to change the end user back to
the previous Reseller or service provider,
and
11.3.5.2 provide any end user information and billing
records ACI has obtained relating to the end
user to the previous Reseller, and
11.3.5.3 notify the end user and USWC that the change
has been made, and
11.3.5.4 remit to USWC a charge of $100.00 ("slamming
charge") as compensation for the change back
to the previous Reseller or service provider.
11.3.6 If an end user is switched from ACI back to USWC and
there is a dispute or discrepancy with respect to such
change in service provider, ACI may request to see a
copy of the POA which USWC has obtained from the end
user to effectuate a return to USWC as the end user's
service provider. If USWC is unable to produce a POA
within three (3) business days, USWC shall change the
end user back to ACI (or other previous Reseller)
without imposition of any Customer Transfer Charge.
11.3.7 ACI shall designate the Primary Interexchange Carrier
(PIC) assignments on behalf of its end users for
interLATA services and intraLATA services when
intraLATA presubscription is implemented.
11.3.8 When end users switch from USWC to ACI, or to ACI from
any other Reseller, such end users shall be permitted
to retain their
PAGE 76
current telephone numbers if they so desire and do not
change their service address to an address served by a
different central office. USWC shall take no action to
prevent ACI end users from retaining their current
telephone numbers.
11.3.9 ACI and USWC will employ the procedures for handling
misdirected repair calls as specified in the
Coordinated Repair Calls section of this Agreement.
11.4 ACI RESPONSIBILITIES
11.4.1 ACI must send USWC complete and accurate end-user
listing information for Directory Assistance, Directory
Listings, and 911 Emergency Services using USWC's
resale order form and process. ACI must provide to
USWC accurate end-user information to ensure
appropriate listings in any databases in which USWC is
required to retain and/or maintain end-user
information. USWC assumes no liability for the
accuracy of information provided by ACI.
11.4.2 ACI may not reserve blocks of USWC telephone numbers,
except as allowed by tariffs.
11.4.3 ACI is liable for all fraud associated with service to
its end-users and accounts. USWC takes no
responsibility, will not investigate, and will make no
adjustments to ACI's account in cases of fraud unless
such fraud is the result of any intentional act or
gross negligence of USWC. Notwithstanding the above,
if USWC becomes aware of potential fraud with respect
to ACI's accounts, USWC will promptly inform ACI and,
at the direction of ACI, take reasonable action to
mitigate the fraud where such action is possible.
11.4.4 In accordance with the Act, ACI will indicate the date
it will offer to residential and business subscribers
telephone exchange services. ACI will provide a three
year forecast within ninety (90) business days of
signing this Agreement. During the first year of the
term of this Agreement, the forecast shall be updated
and provided to USWC on a quarterly basis. Thereafter,
during the term of this Agreement ACI will provide
updated forecasts from time to time, as requested by
USWC. The initial forecast will provide:
- The date service will be offered (by city
and/or state)
- The type and quantity of service(s) which
will be offered
- ACI's anticipated order volume
- ACI's key contact personnel
PAGE 77
The information provided pursuant to this paragraph
shall be considered Proprietary Information under the
Nondisclosure section of this Agreement.
11.4.5 In the event USWC terminates the provisioning of any
resold services to ACI for any reason, including
disconnection of ACI for failure to make payment as
required herein, ACI shall be responsible for providing
any and all necessary notice to its end users of the
termination. In no case shall USWC be responsible for
providing such notice to ACI's end users. USWC will
provide notice to ACI of USWC's termination of a resold
service on a timely basis consistent with Commission
rules and notice requirements.
11.5 RATES AND CHARGES
11.5.1 Resold services as listed in Appendix A are available
for resale at the applicable discount percentage or
rate per minute set forth in Appendix A or at the
retail tariff rates for services available for resale
but excluded from the wholesale pricing arrangement in
this Agreement.
However, state Commissions may do any of the following
(collectively referred to hereinafter as "Order")
during the term of this Agreement:
- establish wholesale discount rates through
decisions in arbitration, interconnection
and/or resale cost proceedings;
- establish other recurring and nonrecurring
rates related to resale, including but not
limited to Customer Transfer Charges and
Slamming Charges ("Other Resale Charges");
and
- order that certain services be made available
for resale at specified wholesale discount
rates.
If a state Commission orders services to be available
for resale, the Parties agree that they will, on a
state-by-state basis, revise Appendix A to incorporate
the services determined by such Order into this
Agreement, effective on the date ordered by a
Commission. When a state Commission, through a
decision in arbitration, identifies services that must
be available for resale at wholesale discount rates,
such decision shall be deemed to have defined that such
services are generally available to Resellers in that
state. If a state Commission establishes wholesale
discount rates and Other Resale Charges to be made
generally available to Resellers or establishes a
resale tariff, the Parties agree that they will, on a
state-by-state basis, revise Appendix A to incorporate
PAGE 78
such wholesale discount rates and/or Other Resale
Charges into this Agreement effective on the date
ordered by a Commission; provided, however, that USWC
shall have a reasonable time to implement system or
other changes necessary to xxxx the Commission ordered
rates or charges.
The rates for those resold services initially included
in the wholesale pricing arrangement under this
Agreement shall be subject to true-up to the wholesale
discount rates established by a Commission Order making
such rates generally available to Resellers or
established by a resale tariff, retroactively to the
effective date of this Agreement. Any true-up shall be
on a service-by-service basis if wholesale discount
rates are established by a Commission on such a basis.
Services excluded from the wholesale pricing
arrangement under this Agreement as identified in
Appendix A, shall be made available on a going forward
basis from the date of a Commission Order that orders
such services be made generally available to any
Reseller in the state where such a Commission Order is
issued. Such services shall be available at the
discount rate applicable to basic exchange business
service identified in Appendix A; provided, however,
that when a Commission Order establishes wholesale
discount rates for such services as generally available
to Resellers, Appendix A shall be revised to
incorporate the wholesale discount rates generally
available to Resellers.
If a state Commission fails to issue such an Order or
make effective such a tariff by the end of the first
year of this Agreement, either USWC or ACI may elect to
renegotiate this Section of the Agreement.
11.5.2 If the resold services are purchased pursuant to
Tariffs and the Tariff rates change, charges billed to
ACI for such services will be based upon the new Tariff
rates less the applicable wholesale discount as agreed
to herein or established by resale Tariff. The new
rate will be effective upon the Tariff effective date.
11.5.3 A Customer Transfer Charge (CTC) as specified in
Appendix A applies when transferring any existing
account or lines to ACI. Tariffed, non-recurring
charges will apply to new installations.
11.5.4 A Subscriber Line Charge (SLC) will continue to be paid
by ACI without discount for each local exchange line
resold under this Agreement. All federal and state
rules and regulations associated with SLC as found in
the applicable tariffs also apply.
PAGE 79
11.5.5 ACI will pay to USWC the PIC change charge without
discount associated with ACI end user changes of
inter-exchange or intraLATA carriers.
11.5.6 ACI agrees to pay USWC when its end user activates any
services or features that are billed on a per use or
per activation basis subject to the applicable discount
in Appendix A as such may be amended pursuant to
Section 11.5.1 above (e.g., continuous redial, last
call return, call back calling, call trace, etc.).
11.5.7 Resold services are available only where facilities
currently exist and are capable of providing such
services without construction of additional facilities
or enhancement of existing facilities; provided
however, that any loop facilities serving Co-Provider's
end-user(s) at the time of the end-user(s) switch to
Co-Provider shall be considered "existing" and
"capable" to allow Co-Provider to offer resold services
to that end-user(s). However, if ACI requests that
facilities be constructed or enhanced to provide resold
services, USWC will review such requests on a
case-by-case basis and determine, in its sole
discretion, if it is economically feasible for USWC to
build or enhance facilities. If USWC decides to build
or enhance the requested facilities, USWC will develop
and provide to ACI a price quote for the construction.
If the quote is accepted, ACI will be billed the quoted
price and construction will commence after receipt of
payment.
11.5.8. Nonrecurring charges will not be discounted and will be
billed at the applicable Tariff rates.
11.5.9 As a part of the resold line, USWC provides and ACI
accepts, at this time, operator services, directory
assistance, and intraLATA long distance with standard
USWC branding. ACI is not permitted to alter the
branding of these services in any manner when the
services are a part of the resold line without the
prior written approval of USWC. However, at the
request of ACI and where technically feasible, USWC
will rebrand operator services and directory assistance
in ACI's name, provided the costs associated with such
rebranding are paid by ACI.
11.6 COLLATERAL AND TRAINING
The Parties will jointly develop procedures regarding ACI's use
of USWC's retail product training materials. Except for any
rights granted by USWC to ACI for the use or copying of product
training material, product training provided under this
Agreement shall be considered "Proprietary Information" as
described in this Agreement, and shall be subject to the terms
and conditions specified therein.
PAGE 80
11.7 DIRECTORY LISTINGS
USWC will accept at no charge one primary listing for each main
telephone number belonging to ACI's end user based on end user
information provided to USWC by ACI. USWC will place ACI's
listings in USWC's directory listing database for directory
assistance purposes and will make listings available to
directory publishers and to other third parties. Additional
terms and conditions with respect to directory listings are
described in the Ancillary Services and Arrangements section of
this Agreement.
11.8 BILLING
11.8.1. USWC shall xxxx ACI and ACI is responsible for all
applicable charges for the resold services as provided
herein. ACI shall also be responsible for all tariffed
charges and charges separately identified in this
Agreement associated with services that ACI resells to
an end user under this Agreement.
11.8.2 USWC shall provide ACI, on a monthly basis, within 7-10
business days of the last day of the most recent
billing period, in an agreed upon standard electronic
billing format, billing information including (1) a
summary xxxx, and (2) individual end user sub-account
information consistent with the samples provided to ACI
for ACI to render end user bills indicating all
recurring and nonrecurring charges associated with each
individual end user's account for the most recent
billing period.
11.9 DEPOSIT
11.9.1 USWC may require ACI to make a suitable deposit to be
held by USWC as a guarantee of the payment of charges.
Any deposit required of an existing Reseller is due and
payable within ten business days after the requirement
is imposed. The amount of the deposit shall be the
estimated charges for the resold service which will
accrue for a two-month period.
11.9.2 When the service is terminated, or when ACI has
established satisfactory credit, the amount of the
initial or additional deposit, with any interest due as
set forth in applicable Tariffs, will, at ACI's option,
either be credited to ACI's account or refunded.
Satisfactory credit for a Reseller is defined as twelve
consecutive months service as a Reseller without a
termination for nonpayment and with no more than one
notification of intent to terminate service for
nonpayment. Interest on the deposit shall be
accumulated by USWC at a rate equal to the federal
discount rate, as published in the Wall Street Journal
from time to time.
PAGE 81
11.10 PAYMENT
11.10.1 Amounts payable under this Resale Section are due and
payable within thirty (30) calendar days after the xxxx
date of USWC's invoice. During the initial three
billing cycles of this Agreement, ACI and USWC agree
that undisputed amounts shall be paid as provided
herein. ACI and USWC further agree that, during said
three billing cycle period, they will cooperate to
resolve amounts in dispute or billing process issues in
a timely manner but no later than sixty (60) business
days after the xxxx date of USWC's invoice or
identification and notice of the billing process issue.
Disputed amounts will be paid within thirty (30)
business days following resolution of the dispute.
11.10.2 After the three (3) month period outlined above, ACI
will pay the xxxx in full within 30 calendar days after
the xxxx date of the invoice. Billing disputes will be
processed and jointly resolved. Any disputed amounts
that USWC remits to ACI will be credited on the next
billing cycle including an interest credit of 1.5% per
month compounded.
11.10.3 A late payment charge of 1.5% applies to all billed
balances which are not paid by 30 calendar days after
the xxxx date shown on the invoice. USWC agrees,
however, that the application of this provision will be
suspended for the initial three billing cycles of this
Agreement and will not apply to amounts billed during
those three cycles.
11.10.4 USWC may discontinue processing orders for the failure
by ACI to make full payment for the resold services
provided under this Agreement within thirty (30)
calendar days of the due date on ACI's xxxx. USWC
agrees, however, that the application of this provision
will be suspended for the initial three billing cycles
of this Agreement and will not apply to amounts billed
during those three cycles.
11.10.5 USWC may disconnect for the failure by ACI to make full
payment for the resold services provided under this
Agreement within sixty (60) calendar days of the due
date on ACI's xxxx. ACI will pay the Tariff charge
required to reconnect each end user line disconnected
pursuant to this paragraph. USWC agrees, however, that
the application of this provision will be suspended for
the initial three billing cycles of this Agreement and
will not apply to amounts billed during those three
cycles.
11.10.6 Collection procedures and the requirements for deposit
are unaffected by the application of a late payment
charge.
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11.10.7 USWC shall credit ACI's account the amount due for any
trouble or out-of-service conditions in the same manner
that USWC credits the accounts of its own end users and
pursuant to any applicable provisions in USWC's
Tariffs. USWC shall reflect the amount of such credits
on an individual end user telephone number basis in the
billing information USWC provides ACI.
11.10.8 In the event billing disputes relate to service quality
issues, the dispute shall be referred to the USWC
account executive assigned to ACI who will evaluate the
facts and circumstances of the service quality issues
and will work with ACI to resolve the dispute.
12. ACCESS TO TELEPHONE NUMBERS
12.1 NUMBER RESOURCES ARRANGEMENTS.
12.1.1 Nothing in this Agreement shall be construed in any
manner to limit or otherwise adversely impact either
Party's right to the request and assignment of any NANP
number resources including, but not limited to, central
office (NXX) codes pursuant to the Central Office Code
Assignment Guidelines (last published by the Industry
Numbering Committee ("INC") as INC 00-0000-000,
Revision 4/19/96, formerly ICCF 93-0729-010).
12.1.2 To the extent USWC serves as Central Office Code
Administrator for a given region, USWC will support all
ACI requests related to central office (NXX) code
administration and assignments in the manner required
and consistent with the Central Office Code Assignment
Guidelines.
12.1.3 The Parties will comply with code administration
requirements as prescribed by the Federal
Communications Commission, the Commission, and accepted
industry guidelines.
12.1.4 It shall be the responsibility of each Party to program
and update its own switches and network systems
pursuant to the Local Exchange Routing Guide (LERG)
guidelines to recognize and route traffic to the other
Party's assigned NXX codes at all times. Neither Party
shall impose any fees or charges whatsoever on the
other Party for such activities. The Parties will
cooperate to establish procedures to ensure the timely
activation of NXX assignments in their respective
networks.
12.1.5 Each Party shall be responsible for notifying its end
users of any changes in numbering or dialing
arrangements to include changes such as the
introduction of new NPAs or new NXX codes.
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12.1.6 Until an impartial entity is appointed to administer
telecommunications numbering and to make such numbers
available on an equitable basis, USWC will assign NXX
codes to ACI in accordance with national guidelines at
no charge.
12.1.7 Each Party is responsible for administering NXX codes
assigned to it. Each Party is responsible for
obtaining LERG listings of CLLI codes assigned to its
switches. Each Party shall use the LERG published by
Bellcore or its successor for obtaining routing
information and shall provide all required information
to Bellcore for maintaining the LERG in a timely
manner.
13. DIALING PARITY
The Parties shall provide Dialing Parity to each other as required under
Section 251(b)(3) of the Act. This Agreement does not impact either
Party's ability to default IntraLATA Toll via a specific dialing pattern
until otherwise required by the Act.
14. U S WEST DEX ISSUES
USWC and ACI agree that certain issues, such as yellow page advertising,
directory distribution, access to call guide pages, yellow page
listings, will be the subject of negotiations between ACI and directory
publishers, including U S WEST Dex. USWC acknowledges that ACI may
request USWC to facilitate discussions between ACI and U S WEST Dex.
15. ACCESS TO DATABASES
In accordance with Section 271 of the Act, USWC shall provide ACI with
interfaces to access USWC's databases and associated signaling necessary
for the routing and completion of ACI traffic. Except where otherwise
specified, access to such databases, and the appropriate interfaces,
shall be requested by ACI via a Bona Fide Request.
16. NOTICE OF CHANGES
If a Party makes a change in its network which it believes will
materially affect the inter-operability of its network with the other
Party, the Party making the change shall provide advance notice of such
change to the other Party in accordance with the applicable FCC
regulations.
17. REFERRAL ANNOUNCEMENT
When an end user changes from USWC to ACI, or from ACI to USWC, and does
not retain its original main/listed 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 consistent with its Tariff.
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This announcement will provide details on the new number that must be
dialed to reach this end user.
18. COORDINATED REPAIR CALLS
18.1 ACI and USWC will employ the following procedures for handling
misdirected repair calls;
18.1.1 ACI and USWC will provide their respective end users
with the correct telephone numbers to call for access
to their respective repair bureaus.
18.1.2 End users of ACI shall be instructed to report all
cases of trouble to ACI. End users of USWC shall be
instructed to report all cases of trouble to USWC.
18.1.3 To the extent the correct provider can be determined,
misdirected repair calls will be referred to the proper
provider of Basic Exchange Telecommunications Service.
18.1.4 ACI and USWC will provide their respective repair
contact numbers to one another on a reciprocal basis.
18.1.5 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 end users to market services.
Either Party may respond with accurate information in
answering end user questions.
19. BONA FIDE REQUEST PROCESS
19.1 Any request for Interconnection or access to an unbundled
Network Element that is not already available as described
herein shall be treated as a Bona Fide Request (BFR). USWC
shall use the BFR Process to determine the terms and timetable
for providing the requested Interconnection or access to
unbundled Network Elements, if available, and the technical
feasibility of new/different points of Interconnection. USWC
will administer the BFR Process in a non-discriminatory manner.
19.2 A BFR shall be submitted in writing and on the appropriate USWC
form for BFRs. The Parties will work together to prepare the
BFR form. The form will request, and ACI will need to provide,
at a minimum: (a) a technical description of each requested
Network Element or new/different points of Interconnection; (b)
the desired interface specification; (c) each requested type of
Interconnection or access; (d) a statement that the
Interconnection or Network Element will be used to provide a
telecommunications service; (e) the quantity requested; (f) the
specific location requested; (g) if the requested unbundled
Network Element is a
PAGE 85
proprietary element as specified in Section 251(d)(2) of the
Act, ACI must submit documentation that demonstrates that
access to such Network Element is necessary, that the failure
to provide access to such Network Element would impair the
ability of ACI to provide the services that it seeks to offer,
and that ACI's ability to compete would be significantly
impaired or thwarted without access to such requested
proprietary element; and (h) if the requested unbundled Network
Element is a non-proprietary element as specified in Section
251(d)(2) of the Act, ACI must submit documentation that
demonstrates that denial of access to such unbundled
non-proprietary Network Element would decrease the quality or
increase the cost of the service sought to be offered by ACI.
19.3 Within two (2) business days of its receipt, USWC shall
acknowledge receipt of the BFR and in such acknowledgment
advise ACI of missing information, if any, necessary to process
the BFR. Thereafter, USWC shall promptly advise ACI of the
need for any additional information that will facilitate the
analysis of the BFR. The Parties may mutually agree to
conference calls or face-to-face meetings at mutually agreeable
times to discuss information necessary to process the BFR.
USWC will consider any previous BFRs in the evaluation of the
BFR in progress to make best efforts to shorten response times
and, to the extent possible, avoid duplicate work. USWC will
provide BFR status to ACI every ten (10) business days.
19.4 Within 30 calendar days of its receipt of the BFR and all
information necessary to process it, USWC shall provide to ACI
a preliminary analysis of the BFR. The preliminary analysis
shall specify USWC's conclusions as to whether or not the
requested Interconnection or access to an unbundled Network
Element complies with the unbundling requirements set forth
above.
19.4.1 If USWC determines during the 30 day period that a BFR
does not qualify as a Network Element or
Interconnection that is required to be provided under
the Act, USWC shall advise ACI as soon as reasonably
possible of that fact, and USWC shall promptly, but in
no case later than ten calendar days after making such
a determination, provide a written report setting forth
the basis for its conclusion.
19.4.2 If USWC determines during the thirty day period that
the BFR qualifies under the Act, it shall notify ACI in
writing of such determination within ten calendar days.
19.4.3 As soon as feasible, but in any case within 90 calendar
days after USWC notifies ACI that the BFR qualifies
under the Act, USWC shall provide to ACI a BFR quote.
The BFR quote will include, at a minimum, a description
of each Interconnection and Network Element, the
quantity to be provided, any interface specifications,
and the applicable rates (recurring and nonrecurring)
including the separately stated development costs and
construction charges of
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the Interconnection or the Network Elements and any
minimum volume and term commitments required.
Additionally, USWC shall notify ACI of any laboratory
testing, field testing, or joint field testing that may
be required for technical feasibility. As needed, the
Parties will mutually agree to test schedules. Testing
costs will be identified.
19.5 A BFR quote will remain valid for thirty (30) calendar days.
Minimum volume and term commitments may be applicable. Upon
thirty (30) calendar days, ACI must advise USWC, in writing, to
cancel, proceed, or invoke dispute resolution as described in
this Agreement.
19.6 ACI may cancel the BFR request any time. USWC reserves the
right to xxxx reasonable cancellation charges. ACI will pay
USWC reasonable development costs incurred in providing the
Interconnection or Network Element to the extent that those
development costs are not otherwise amortized. Volume and term
commitments will be considered.
19.7 If either Party believes that the other Party is not
requesting, negotiating or processing any BFR in good faith, or
disputes a determination, or quoted price or cost, it may seek
arbitration pursuant to the Dispute Resolution provision of
this Agreement.
20. AUDIT PROCESS
20.1 "Audit" shall mean the comprehensive review of:
20.1.1 Data used in the billing process for services performed
and facilities provided under this Agreement; and
20.1.2 Data relevant to provisioning and maintenance for
services performed or facilities provided by either of
the Parties for itself or others that are similar to
the services performed or facilities provided under
this Agreement for Interconnection or access to
unbundled elements.
20.2 The data referred to above shall be relevant to any performance
standards that are adopted in connection with this Agreement,
through negotiation, arbitration or otherwise.
This Audit shall take place under the following conditions:
20.2.1 Either Party may request to perform an Audit.
20.2.2 The Audit shall occur upon 30 business days written
notice by the requesting Party to the non-requesting
Party.
PAGE 87
20.2.3 The Audit shall occur during normal business hours.
20.2.4 There shall be no more than one Audit requested by each
Party under this Agreement in any 12-month period.
20.2.5 The requesting Party may review the non-requesting
Party's records, books and documents, as may reasonably
contain information relevant to the operation of this
Agreement.
20.2.6 The location of the Audit shall be the location where
the requested records, books and documents are retained
in the normal course of business.
20.2.7 All transactions under this Agreement which are over 24
months old will be considered accepted and no longer
subject to Audit.
20.2.8 Each Party shall bear its own expenses occasioned by
the Audit, provided that the expense of any special
data collection shall be born by the requesting Party.
20.2.9 The Party requesting the Audit may request that an
Audit be conducted by a mutually agreed-to independent
auditor. Under this circumstance, the costs of the
independent auditor shall be paid for by the Party
requesting the Audit.
20.2.10 In the event that the non-requesting Party requests
that the Audit be performed by an independent auditor,
the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the
costs of the independent auditor shall be shared
equally by the Parties.
20.2.11 The Parties agree that if an Audit discloses error(s),
the Party responsible for the error(s) shall, in a
timely manner, undertake corrective action for such
error(s).
20.3 All information received or reviewed by the requesting Party or
the independent auditor in connection with the Audit is to be
considered Proprietary Information as defined by this
Agreement. The non-requesting Party reserves the right to
require any non-employee who is involved directly or indirectly
in any Audit or the resolution of its findings as described
above to execute a nondisclosure agreement satisfactory to the
non-requesting Party. To the extent an Audit involves access
to information of other competitors, ACI and USWC will
aggregate such competitors' data before release to the other
Party, to insure the protection of the proprietary nature of
information of other competitors. To the extent a competitor
is an affiliate of the Party being audited (including itself
and its subsidiaries), the Parties shall be allowed to examine
such affiliates' disaggregated data, as required by reasonable
needs of the Audit.
PAGE 88
21. AUDIOTEXT AND MASS ANNOUNCEMENT SERVICES
21.1 The Parties agree that access to the audiotext, mass
announcement and information services of each Party should be
made available to the other Party upon execution of an
agreement defining terms for billing and compensation of such
calls. Services included in this category include 976 calls,
if available, whether flat rated or usage sensitive, intra-LATA
900 services and other intra-LATA 976-like services. Such
calls will be routed over the Local Interconnection Trunks.
21.2 ACI and USWC will work together in good faith to negotiate and
execute the agreement for billing and compensation for these
services. The Parties agree that their separate agreement on
audiotext and mass announcement services will include details
concerning the creation, exchange and rating of records, all of
which will occur without any explicit charge between the
Parties, as well as a process for the handling of
uncollectables so that the originating Party does not have any
responsibility for uncollectables.
21.3 Until such time that such an agreement is executed, ACI may
choose to block such calls, or ACI will agree to back-xxxx and
compensate retroactively for such calls once the subsequent
agreement is executed retroactive to the effective date of this
Agreement.
21.3.1 USAGE SENSITIVE COMPENSATION.
All audiotext and mass announcement calls shall be
considered toll calls for purposes of reciprocal
compensation between the Parties. Compensation will
be paid based on the compensation for toll calls
referenced in this Agreement with respect to reciprocal
compensation between the Parties, except that such
compensation shall be paid by the Party terminating the
call, rather than the Party originating the call.
21.3.2 BILLING AND COLLECTION COMPENSATION.
Billing and collection compensation will be dealt with
in the separate agreement referenced in this section.
22. LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING
22.1 There are certain types of calls or types of Interconnection
that require exchange of billing records between the Parties,
including, for example, alternate billed and Toll Free Service
calls. The Parties agree that all call types must be routed
between the networks, accounted for, and settled among the
parties. Certain calls will be handled via the Parties'
respective operator service platforms. The
PAGE 89
Parties agree to utilize, where possible and appropriate,
existing accounting and settlement systems to xxxx, exchange
records and settle revenue.
22.2 The exchange of billing records for alternate billed calls
(e.g., calling card, xxxx-to-third number, and collect) will be
distributed through the existing CMDS processes, unless
otherwise separately agreed to by the Parties.
22.3 Inter-Company Settlements ("ICS") revenues will be settled
through the Calling Card and Third Number Settlement System
("CATS"). Each Party will provide for its own arrangements for
participation in the CATS processes, through direct
participation or a hosting arrangement with a direct
participant.
22.4 Non-ICS revenue is defined as collect calls, calling card
calls, and billed to third number calls which originate on one
service provider's network and terminate on another service
provider's network in the same Local Access Transport Area
("LATA"). The Parties agree to negotiate and execute an
agreement for settlement of non-ICS revenue. This separate
arrangement is necessary since existing CATS processes do not
permit the use of CATS for non-ICS revenue. The Parties agree
that the CMDS system can be used to transport the call records
for this traffic.
22.5 Both Parties will provide the appropriate call records to the
intraLATA Toll Free Service provider, thus permitting the
service provider to xxxx its subscribers for the inbound Toll
Free Service. No adjustments to bills via tapes, disks or NDM
will be made without the mutual agreement of the Parties.
23. CONSTRUCTION CHARGES
23.1 All rates, charges and initial service periods specified in
this Agreement contemplate the provision of network
Interconnection services and access to Network Elements to the
extent existing facilities are available. Except for
modifications to existing facilities necessary to accommodate
Interconnection and access to Network Elements specifically
provided for in this Agreement, USWC will consider requests to
build additional or further facilities for network
Interconnection and access to Network Elements as described in
this Section.
23.2 Resale
Construction charges associated with the resale of services
will be applied in the same manner that construction charges
apply to USWC's retail end users. Contracts may be negotiated
on an individual case basis when construction is required for
large retail or resale customers.
23.3 LIS and Interoffice Transport
To the extent that USWC constructs facilities for LIS services
and/or interoffice transport, ACI will provide USWC with a
forecast of interoffice trunks and switch
PAGE 90
ports. USWC will perform a validated traffic engineering
estimate based on the forecasted demand and will then negotiate
an agreed upon quantity of interoffice trunks and switch ports
with ACI before constructing facilities. If ACI's forecasted
quantity exceeds USWC's validated traffic engineering estimate,
and if USWC finds it necessary to construct added facilities,
then construction charges will apply to the exceeded quantity.
USWC will track utilization of trunks, and when minimum trunk
utilization requirements are not met, a recurring charge will
apply for all unused trunks below the minimum utilization
level.
23.4 Unbundled Network Elements
USWC will conduct an individual financial assessment of any
request which requires construction of network capacity,
facilities, or space for access to or use of unbundled Network
Elements. If USWC constructs to fulfill ACI's request for
unbundled Network Elements, USWC will bid this construction on
a case-by-case basis. USWC will charge for the construction
through non-recurring charges and a term agreement for the
remaining recurring charge.
23.5 All necessary construction will be undertaken at the discretion
of USWC, consistent with budgetary responsibilities,
consideration for the impact on the general body of end users,
and without discrimination among the various carriers.
23.6 A quote for ACI's portion of a specific job will be provided to
ACI. The quote will be in writing and will be binding for
ninety (90) business days after the issue date. When accepted,
ACI will be billed the quoted price and construction will
commence after receipt of payment. If ACI chooses not to have
USWC construct the facilities, USWC reserves the right to xxxx
ACI for the expense incurred for producing the engineered job
design.
23.7 In the event a construction charge is applicable, ACI's service
application date will become the date upon which USWC receives
the required payment.
24. SERVICE PERFORMANCE RESULTS
24.1 USWC agrees to provide to ACI the same level of service that
USWC provides to itself and/or its affiliates as determined by
measuring and comparing a statistically significant number of
activities listed below.
24.1.1 For those services procured by ACI and unless otherwise
noted below, USWC shall measure its results and those
of its affiliates as a percentage. USWC shall also
measure the percentage results of ACI.
ACI agrees to measure its performance related to these
performance indicators in providing service to USWC.
PAGE 91
24.1.2 In some instances, USWC may not provide the listed
service to itself or its affiliates. If USWC does not
provide a statistically significant number of a listed
activity for itself or its affiliates, USWC will
provide data which will allow comparison between ACI's
performance results and the average performance results
of the same performance indicator for a statistically
significant number of total activities provided to all
other Co-Providers within the state in which the
service was provided.
24.1.3 In no event shall percentage results be provided if the
number of measured activities is less than a
statistically significant universe of fewer than sixty
(60) activities during the time period of measurement.
24.1.4 The list of performance indicators to be measured are
as follows:
RESALE INDICATORS
Residence Installation Intervals Offered (Facilities in
Place)
Business Installation Intervals Offered (Facilities in
Place)
Firm Order Confirmations within 48 hours (DS0)
(Facilities in Place)
Firm Order Confirmations within 48 hours (DS1)
(Facilities in Place)
Firm Order Confirmations within 48 hours (DS3)
(Facilities in Place)
Firm Order Confirmations within 48 hours (Switched)
(Facilities in Place)
Average Installation Intervals Delivered (Residence)
(Facilities in Place) (Days and Hours)
Average Installation Intervals Delivered (Business)
(Facilities in Place) (Days and Hours)
Average Installation Intervals Delivered (DS0)
(Facilities in Place) (Days and Hours)
Average Installation Intervals Delivered (DS1)
(Facilities in Place) (Days and Hours)
Average Installation Intervals Delivered (DS3)
(Facilities in Place) (Days and Hours)
Average Installation Intervals Delivered (Switched)
(Facilities in Place) (Days and Hours)
Residence Installation Commitments Met (Facilities in
Place)
Business Installation Commitments Met (Facilities in
Place)
Designed Installation Commitments Met (DS0) (Facilities
in Place)
Designed Installation Commitments Met (DS1) (Facilities
in Place)
Designed Installation Commitments Met (DS3) (Facilities
in Place)
Designed Installation Commitments Met (Switched)
(Facilities in Place)
Co-Provider-caused Installation Misses
Residence Disconnect Commitments Met
Business Disconnect Commitments Met
Residence Installation Reports (Repair Report After
Installation) Within 7 Business Days
Business Installation Reports (Repair Report After
Installation) Within 7 Business Days
Designed Installation Reports (Repair Report After
Installation) Within 30 Business Days (DS0)
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Designed Installation Reports (Repair Report After
Installation) Within 30 Business Days (DS1)
Designed Installation Reports (Repair Report After
Installation) Within 30 Business Days (DS3)
Designed Installation Reports (Repair Report After
Installation) Within 30 Business Days
(Switched Access)
Residence Percent Out of Service Cleared < 24 hours
Business Percent Out of Service Cleared in < 24 hours
Designed Percent Out of Service Cleared < 4 hours (DS0)
Designed Percent Out of Service Cleared in < 4hours
(DS1)
Designed Percent Out of Service Cleared < 4 hours (DS3)
Designed Percent Out of Service Cleared in < 4 hours
(Switched)
Residence Percent Out of Service and Service Affecting
Cleared < 48 hours
Business Percent Out of Service and Service Affecting
Cleared < 48 hours
Residence Repair Commitments Met
Business Repair Commitments Met
Residence Repair Repeated Reports Within 30 Business
Days
Business Repair Repeated Reports Within 30 Business
Days
Designed Repair Repeated Reports Within 30 Business
Days (DS0)
Designed Repair Repeated Reports Within 30 Business
Days (DS1)
Designed Repair Repeated Reports Within 30 Business
Days (DS3)
Designed Repair Repeated Reports Within 30 Business
Days (Switched)
Residence Report Rate per 100 Lines
Business Report Rate per 100 lines
Co-Provider-caused Trouble Reports
UNBUNDLED LOOP INDICATORS
Firm Order Confirmations Within 48 hours (Facilities in
Place) 2 Wire
Firm Order Confirmations Within 48 hours (Facilities in
Place) 4 Wire
Average Installation Intervals Delivered (Facilities in
Place) 2 Wire (Days and Hours)
Average Installation Intervals Delivered (Facilities in
Place) 4 Wire (Days and Hours)
Percent Installation Commitments Met (Facilities in
Place) 2 Wire
Percent Installation Commitments Met (Facilities in
Place) 4 Wire
Installation Reports Within 30 Business Days 2 Wire
Installation Reports Within 30 Business Days 4 Wire
Percent Out of Service Cleared in < 24 hours 2 Wire
Percent Out of Service Cleared in < 24 hours 4 Wire
Percent Out of Service and Service Affecting Cleared
in < 48 hours 2 Wire
Percent Out of Service and Service Affecting Cleared
in < 48 hours 4 Wire
Mean Time to Restore 2 Wire
Mean Time to Restore 4 Wire
Repair Repeated Reports Within 30 Business Days 2 Wire
Repair Repeated Reports Within 30 Business Days 4 Wire
LIS TRUNK INDICATORS
Firm Order Confirmations Within Six Business Days
(Facilities in Place)
Average Installation Intervals Delivered (Facilities in
Place) (Days and Hours)
Installation Commitments Met (Facilities in Place)
Installation Reports Within 30 Business Days
PAGE 93
Out of Service Cleared in < 4 hours
Repair Repeated Reports Within 30 Business Days
Co-Provider-caused Trouble Reports
24.2 Failure to Meet the Service Standard. If during a specified
review period, the performing Party fails to deliver the same
level of service that it provides to itself, such Party will
use its best efforts to meet the service standard for the next
specified review period. If the performing Party fails to meet
the service standard for two consecutive periods, the Parties
agree, in good faith, to attempt to resolve such issues through
negotiation or pursuant to the Dispute Resolution section of
this Agreement. This paragraph shall not be construed to waive
either Party's right to seek legal or regulatory intervention
as provided by state or federal law.
24.3 The performing Party's failure to meet the service standard
cannot be as a result, directly or indirectly, of a Delaying
Event. A "Delaying Event" means (a) a failure by the receiving
Party to perform any of its obligations set forth in this
Agreement, (b) any delay, act or failure to act by an end user,
agent or subcontractor of the receiving Party or (c) any Force
Majeure Event. If a Delaying Event prevents the performing
Party from performing a measured activity, then such measured
activity shall be excluded from the calculation of the
performing Party's compliance with the service standard.
24.4 Records. Each Party shall maintain complete and accurate
records, for the specified review period of its performance
under this Agreement for each measured activity and its
compliance with the service standard. Each Party shall provide
to the other such records in a self-reporting format. Such
records shall be in the format kept in the performing Party's
ordinary course of business. The Parties agree that such
records shall be deemed "Proprietary Information".
24.5 Cost Recovery. Each Party reserves the right to recover the
costs associated with the creation of the above reports and
standards through a future proceeding before a regulatory body.
Such a proceeding may address a wide range of implementation
costs not otherwise recovered through charges established
herein.
25. IMPLEMENTATION SCHEDULE
25.1 Within six months from the date of final approval of this
Agreement, the Parties agree to make a good faith effort to
complete each of the following interconnection arrangements:
25.1.1 Two-way trunk groups, as listed in Section 6.7.2
herein, necessary for the mutual exchange of traffic.
25.1.2 E-911 trunking and database access.
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25.1.3 SS7 Interconnection and Certification.
25.1.4 Directory Listings Arrangements and Directory
Assistance Interconnection.
25.1.5 Access to Unbundled Loops in at least one wire center.
25.1.6 Completion of Physical Collocation arrangements in at
least one USWC Wire Center.
25.1.7 Completion of inter-carrier billing arrangements
necessary for the joint provision of Switched Access
Services and for reciprocal traffic exchange.
26. MISCELLANEOUS TERMS
26.1 GENERAL PROVISIONS
26.1.1 Each Party shall use its best efforts to comply with
the Implementation Schedule.
26.1.2 The Parties are each solely responsible for
participation in and compliance with national network
plans, including the National Network Security Plan and
the Emergency Preparedness Plan.
26.1.3 Each Party is solely responsible for the services it
provides to its end users and to other
Telecommunications Carriers.
26.1.4 The Parties shall work cooperatively to minimize fraud
associated with third-number billed calls, calling card
calls, and any other services related to this
Agreement.
26.2 TERM OF AGREEMENT
This Agreement shall become effective upon Commission approval,
pursuant to Sections 251 and 252 of the Act, shall terminate on
________ __, 19__, and shall be binding upon the Parties during
that term, notwithstanding Section 252(i) of the Act. The
Parties agree to commence negotiations on a new agreement no
later than 135 calendar days prior to the termination date
specified above; provided that ACI, consistent with Section
252(i) of the Act, may opt into a then-existing, valid
interconnection agreement, in its entirety, at the conclusion
of the term of this Agreement. In the event that negotiations
are not concluded as of the termination date specified above,
the window of opportunity to file for arbitration to resolve
outstanding contractual issues in accordance with the Act, will
open upon the termination date specified above.
PAGE 95
26.3 PAYMENT
26.3.1 Amounts payable under this Agreement are due and
payable within thirty (30) business days after the date
of invoice.
26.3.2 Except as specified in the Resale section of this
Agreement or elsewhere in this Agreement, any amount
due and not paid by the due date stated above shall be
subject to a late charge equal to either i) 0.03
percent per day compounded daily for the number of
calendar days from the payment due date to and
including, the date of payment, that would result in an
annual percentage rate of 12% or ii) the highest lawful
rate, whichever is less. If late payment charges for
services are not permitted by local jurisdiction, this
provision shall not apply.
26.3.3 Should ACI dispute any portion of the monthly billing
under this Agreement, ACI will notify USWC in writing
within thirty (30) business days of the receipt of such
billing, identifying the amount and details of such
dispute. ACI shall pay all amounts due. Both ACI and
USWC agree to expedite the investigation of any
disputed amounts in an effort to resolve and settle the
dispute prior to initiating any other rights or
remedies. Should the dispute be found in ACI's favor,
USWC will reimburse ACI the resolved amount plus
interest from the date of payment at the late payment
factor of the Intrastate Access Service Tariffs,
General Regulations for the state in which the service
is rendered.
26.3.4 If ACI is repeatedly delinquent in making its payments,
USWC may, in its sole discretion, require a deposit to
be held as security for the payment of charges.
"Repeatedly delinquent" means being thirty (30)
business days or more delinquent for three (3)
consecutive months. The deposit may not exceed the
estimated total monthly charges for a two (2) month
period. The deposit may be a cash deposit, a letter of
credit with terms and conditions acceptable to USWC in
its sole discretion, or some other form of mutually
acceptable security.
26.3.5 Interest will be paid on cash deposits at the rate
applying to deposits under applicable Commission rules,
regulations, or Tariffs. Cash deposits and accrued
interest will be credited to ACI's account or refunded,
as appropriate, upon the earlier of the termination of
this Agreement or one full year of timely payments in
full by ACI. The fact that a deposit has been made
does not relieve ACI from any requirements of this
Agreement.
PAGE 96
26.4 TAXES
Each Party purchasing services hereunder shall pay or otherwise
be responsible for all federal, state, or local sales, use,
excise, gross receipts, transaction or similar taxes, fees or
surcharges levied against or upon such purchasing Party (or the
providing Party when such providing Party is permitted to pass
along to the purchasing Party such taxes, fees or surcharges),
except for any tax on either Party's corporate existence,
status or income. Whenever possible, these amounts shall be
billed as a separate item on the invoice. To the extent a sale
is claimed to be for resale tax exemption, the purchasing Party
shall furnish the providing Party a proper resale tax exemption
certificate as authorized or required by statute or regulation
by the jurisdiction providing said resale tax exemption.
Failure to timely provide said resale tax exemption certificate
will result in no exemption being available to the purchasing
Party.
26.5 FORCE MAJEURE
Neither Party shall be liable for any delay or failure in
performance of any part of this Agreement from any cause beyond
its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military
authority, government regulations, embargoes, epidemics,
terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, work stoppages,
equipment failure, 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 carriers (collectively, a "Force Majeure
Event"). In the event of a labor dispute or strike the Parties
agree to provide service to each other at a level equivalent to
the level they provide themselves.
26.6 LIMITATION OF LIABILITY
26.6.1 Each Party shall be liable to the other for direct
damages, as described in this section, for any loss,
defect or equipment failure resulting from the causing
Party's conduct or the conduct of its agents or
contractors in performing the obligations contained in
this Agreement.
26.6.2 Except for indemnity obligations, each Party's
liability to the other Party for any loss relating to
or arising out of any negligent act or omission in its
performance of this Agreement, whether in contract or
in tort, shall be limited to the total amount that is
or would have been charged to the other Party by such
negligent or breaching Party for the service(s) or
function(s) not performed or improperly performed.
26.6.3 Neither Party shall be liable to the other under this
Agreement for indirect, incidental, consequential, or
special damages, including
PAGE 97
(without limitation) damages for lost profits, lost
revenues, lost savings suffered by the other Party
regardless of the form of action, whether in contract,
warranty, strict liability, tort, including (without
limitation) negligence of any kind and regardless of
whether the Parties know the possibility that such
damages could result.
26.6.4 Nothing contained in this Section shall limit either
Party's liability to the other for intentional,
malicious misconduct.
26.6.5 Nothing contained in this Section shall limit either
Party's obligations of indemnification as specified in
the Indemnity Section of this Agreement.
26.7 INDEMNITY
26.7.1 With respect to third party claims, each of the Parties
agrees to release, indemnify, defend and hold harmless
the other Party and each of its officers, directors,
employees and agents (each an "Indemnitee") from and
against and in respect of any loss, debt, liability,
damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown,
liquidated or unliquidated including, but not limited
to, costs and attorneys' fees, whether suffered, made,
instituted, or asserted by any other party or person,
for invasion of privacy, personal injury to or death of
any person or persons, or for loss, damage to, or
destruction of property, whether or not owned by
others, resulting from the indemnifying Party's
performance, breach of applicable law, or status of its
employees, agents and subcontractors; or for failure to
perform under this Agreement, regardless of the form of
action.
26.7.2 The indemnification provided herein shall be
conditioned upon:
26.7.2.1 The indemnified Party shall promptly notify
the indemnifying Party of any action taken
against the indemnified Party relating to the
indemnification. Failure to so notify the
indemnifying Party shall not relieve the
indemnifying Party of any liability that the
indemnifying Party might have, except to the
extent that such failure prejudices the
indemnifying Party's ability to defend such
claim.
26.7.2.2 The indemnifying Party shall have sole
authority to defend any such action,
including the selection of legal counsel, and
the indemnified Party may engage separate
legal counsel only at its sole cost and
expense.
PAGE 98
26.7.2.3 In no event shall the indemnifying Party
settle or consent to any judgment pertaining
to any such action without the prior written
consent of the indemnified Party.
26.8 INTELLECTUAL PROPERTY
26.8.1 Each Party hereby grants to the other Party the
limited, personal and nonexclusive right and license to
use its patents, copyrights and trade secrets but only
to the extent necessary to implement this Agreement or
specifically required by the then applicable federal
and state rules and regulations relating to
Interconnection and access to telecommunications
facilities and services, and for no other purposes.
Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to
trademarks.
26.8.2 The rights and licenses above are granted "AS IS" and
the other Party's exercise of any such right and
license shall be at the sole and exclusive risk of the
other Party. Neither Party shall have any obligation
to defend, indemnify or hold harmless, or acquire any
license or right for the benefit of, or owe any other
obligation or have any liability to, the other based on
or arising from any claim, demand, or proceeding
(hereinafter "claim") by any third party alleging or
asserting that the use of any circuit, apparatus, or
system, or the use of any software, or the performance
of any service or method, or the provision of any
facilities by either Party under this Agreement
constitutes infringement, or misuse or misappropriation
of any patent, copyright, trade secret, or any other
proprietary or intellectual property right of any third
party.
26.8.3 As a condition to the access or use of patents,
copyrights, trade secrets and other intellectual
property (including software) owned or controlled by a
third party to the extent necessary to implement this
Agreement or specifically required by the then
applicable federal and state rules and regulations
relating to Interconnection and access to
telecommunications facilities and services, the Party
providing access may require the other upon written
notice, from time to time, to obtain a license or
permission for such access or use, make all payments in
connection with obtaining such license, and provide
evidence of such license.
26.8.4 Except as expressly provided in this Intellectual
Property Section, nothing in this Agreement shall be
construed as the grant of a license, either express or
implied, with respect to any patent, copyright, logo,
trademark, tradename, trade secret or any other
intellectual property right now or hereafter owned,
controlled or licensable by either Party. ACI may not
use any patent, copyright, logo, trademark, tradename,
trade secret or other intellectual
PAGE 99
property right of USWC or its affiliates without
execution of a separate agreement between the Parties.
26.8.5 ACI shall not, without the express written permission
of USWC, state or imply that; 1) ACI is connected, or
in any way affiliated with USWC or its affiliates, 2)
ACI is part of a joint business association or any
similar arrangement with USWC or its affiliates, 3)
USWC and its affiliates are in any way sponsoring,
endorsing or certifying ACI and its goods and services,
or 4) with respect to ACI advertising or promotional
activities or materials, that the resold goods and
services are in any way associated with or originated
from USWC or any of its affiliates. Nothing in this
paragraph shall prevent ACI from truthfully describing
the Network Elements it uses to provide service to its
end users.
26.8.6 For purposes of resale only and notwithstanding the
above, unless otherwise prohibited by USWC pursuant to
an applicable provision herein, ACI may use the phrase
"ACI is a reseller of U S WEST Communications services"
(the "Authorized Phrase") in ACI's printed materials
provided:
26.8.6.1 The Authorized Phrase is not used in
connection with any goods or services other
than USWC services resold by ACI.
26.8.6.2 ACI's use of the Authorized Phrase does not,
in USWC's sole discretion, cause end users to
believe that ACI is USWC.
26.8.6.3 The Authorized Phrase, when displayed,
appears only in text form (ACI may not use
the U S WEST logo) with all letters being the
same font and point size. The point size of
the Authorized Phrase shall be no greater
than one fourth the point size of the
smallest use of ACI's name and in no event
shall exceed 8 point size.
26.8.6.4 ACI shall provide all printed materials to
USWC for its prior written approval.
26.8.6.5 If USWC determines that ACI's use of the
Authorized Phrase causes end user confusion,
USWC may in its sole discretion, immediately
terminate ACI's right to use the Authorized
Phrase.
26.8.6.6 Upon termination of ACI's right to use the
Authorized Phrase or termination of this
Agreement, all permission or right to use the
Authorized Phrase shall immediately cease to
exist and ACI shall immediately cease any and
all such
PAGE 100
use of the Authorized Phrase. ACI shall
either promptly return to USWC or destroy all
materials in its possession or control
displaying the Authorized Phrase.
26.8.7 ACI acknowledges the value of the marks "U S WEST" and
"U S WEST Communications" (the "Marks") and the
goodwill associated therewith and acknowledges that
such goodwill is a property right belonging to U S
WEST, Inc. and USWC respectively (the "Owners"). ACI
recognizes that nothing contained in this Agreement is
intended as an assignment or grant to ACI of any right,
title or interest in or to the Marks and that this
Agreement does not confer any right or license to grant
sublicenses or permission to third parties to use the
Marks and is not assignable. ACI will do nothing
inconsistent with the Owner's ownership of the Marks,
and all rights, if any, that may be acquired by use of
the Marks shall inure to the benefit of the Owners.
ACI will not adopt, use (other than as authorized
herein), register or seek to register any xxxx anywhere
in the world which is identical or confusingly similar
to the Marks or which is so similar thereto as to
constitute a deceptive colorable imitation thereof or
to suggest or imply some association, sponsorship, or
endorsement by the Owners. The Owners make no
warranties regarding ownership of any rights in or the
validity of the Marks.
26.9 WARRANTIES
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES
NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
26.10 ASSIGNMENT
Neither Party may assign or transfer (whether by operation of
law or otherwise) this Agreement (or any rights or obligations
hereunder) to a third party without the prior written consent
of the other Party provided that each Party may assign this
Agreement to a corporate affiliate or an entity under its
common control or an entity acquiring all or substantially all
of its assets or equity by providing prior written notice to
the other Party of such assignment or transfer. Any attempted
assignment or transfer that is not permitted is void AB INITIO.
Without limiting the generality of the foregoing, this
Agreement shall be binding upon and shall inure to the benefit
of the Parties' respective successors and assigns.
PAGE 101
26.11 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) CALENDAR days after written notice thereof, the
other Party may seek legal and/or regulatory relief. 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 on its part
of any such provision, but the same shall, nevertheless, be and
remain in full force and effect.
26.12 DISCLAIMER OF AGENCY
Except for provisions herein expressly authorizing a Party to
act for another, nothing in this Agreement shall constitute a
Party as a legal representative or agent of the other Party,
nor shall a Party have the right or authority to assume, create
or incur any liability or any obligation of any kind, express
or implied, against or in the name or on behalf of the other
Party unless otherwise expressly permitted by such other Party.
Except as otherwise expressly provided in this Agreement, no
Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any
responsibility for the management of the other Party's
business.
26.13 SEVERABILITY
In accordance with Section 1 of this Agreement, if one or more
of the provisions contained herein must be modified because of
changes in Existing Rules or modifications to arbitration
proceedings, the Parties will negotiate in good faith for
replacement language. If replacement language cannot be agreed
upon, either Party may seek regulatory intervention, including
negotiations pursuant to Sections 251 and 252 of the Act. In
all other respects, the provisions of this Agreement are not
severable.
26.14 NONDISCLOSURE
26.14.1 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 end user
specific, facility specific, or usage specific
information, other than end user information
communicated for the purpose of publication of
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 and declared to
the receiving Party at the time of delivery, or by
written notice given to the receiving Party within ten
(10) business
PAGE 102
days after delivery, to be "Confidential" or
"Proprietary" (collectively referred to as "Proprietary
Information"), shall remain the property of the
disclosing Party. A Party who receives Proprietary
Information via an oral communication may request
written confirmation that the material is Proprietary
Information. A Party who delivers Proprietary
Information via an oral communication may request
written confirmation that the Party receiving the
information understands that the material is
Proprietary Information.
26.14.1.1 "Proprietary Information" also includes
information or data that is learned by one
Party by virtue of the operating relationship
between the Parties including while one Party
is on the premises (including leased
collocation space) of the other Party.
26.14.2 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.
26.14.3 Each Party shall keep all of the other Party's
Proprietary Information confidential and shall use the
other Party's Proprietary Information only in
connection with this 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.
Each Party shall use its best efforts to ensure that
its retail operations do not have access to, know of,
are permitted to obtain, are provided with, obtain
disclosure about or otherwise have communicated to it
any information defined as Proprietary Information.
26.14.4 Unless otherwise agreed, the obligations of
confidentiality and non-use set forth in this Agreement
do not apply to such Proprietary Information as:
26.14.4.1 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
26.14.4.2 is or becomes publicly known through no
wrongful act of the receiving Party; or
26.14.4.3 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
PAGE 103
26.14.4.4 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 services
pursuant to the Agreement and does not have
any direct or indirect access to the
Proprietary Information; or
26.14.4.5 is disclosed to a third person by the
disclosing Party without similar restrictions
on such third person's rights; or
26.14.4.6 is approved for release by written
authorization of the disclosing Party; or
26.14.4.7 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.
26.14.5 Effective Date Of This Section. 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.
26.15 SURVIVAL
The Parties' obligations under this Agreement which by their
nature are intended to continue beyond the termination or
expiration of this Agreement shall survive the termination or
expiration of this Agreement.
26.16 DISPUTE RESOLUTION
If any claim, controversy or dispute between the Parties, their
agents, employees, officers, directors or affiliated agents
("Dispute") cannot be settled through negotiation, it shall be
resolved by arbitration conducted by a single arbitrator
engaged in the practice of law, under the then current rules of
the American Arbitration Association ("AAA"). The Federal
Arbitration Act, 9 U.S.C. Secs. 1-16, not state law, shall
govern the arbitrability of all Disputes. The arbitrator shall
not have authority to award punitive damages. All expedited
procedures prescribed by the AAA rules shall apply. The
arbitrator's award shall be final and binding and may be
entered in any court having jurisdiction thereof. The
prevailing Party, as determined by the arbitrator, shall be
entitled to an award of reasonable attorneys' fees and costs.
The arbitration shall occur in Denver, Colorado. Nothing in
this Section shall be construed to waive or limit either
Party's right to seek relief from the Commission or the Federal
Communications Commission as provided by state or federal law.
PAGE 104
No Dispute, regardless of the form of action, arising out of
this Agreement, may be brought by either Party more than two
(2) years after the cause of action accrues.
26.17 CONTROLLING LAW
This Agreement was negotiated by the Parties in accordance with
the terms of the Act and the laws of the state where service is
provided hereunder. It shall be interpreted solely in
accordance with the terms of the Act and the applicable state
law in the state where the service is provided.
26.18 JOINT WORK PRODUCT
This Agreement is the joint work product of the Parties and has
been negotiated by the Parties and their respective counsel and
shall be fairly interpreted in accordance with its terms and,
in the event of any ambiguities, no inferences shall be drawn
against either Party.
26.19 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION
Neither Party shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
environmental hazard that either Party did not introduce to the
affected work location. Both Parties shall defend and hold
harmless the other, its officers, directors and employees from
and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including
reasonable attorneys' fees) that arise out of or result from
(i) any environmental hazard that the indemnifying party, its
contractors or agents introduce to the work locations or (ii)
the presence or release of any environmental hazard for which
the indemnifying party is responsible under applicable law.
26.20 NOTICES
Any notices required by or concerning this Agreement shall be
sent to the Parties at the addresses shown below:
USWC
Director - Interconnection Compliance
0000 Xxxxxxxxxx Xxxxxx, Xxxx 0000
Xxxxxx, Xxxxxxxx 00000
Copy to:
U S WEST Law Department
General Counsel
0000 Xxxxxxxxxx Xxxxxx, Xxxx 0000
Xxxxxx, Xxxxxxxx 00000
PAGE 105
ACI
Xxxx Xxxx
0000 Xxxxxxx Xxxxx
Xxxxx 000
Xxx Xxxxx, XX 00000
Each Party shall inform the other of any changes in the above
addresses.
26.21 RESPONSIBILITY OF EACH PARTY
Each Party is an independent contractor, and has and hereby
retains the right to exercise full control of and supervision
over its own performance of its obligations under this
Agreement and retains full control over the employment,
direction, compensation and discharge of all employees
assisting in the performance of such obligations. Each Party
will be solely responsible for all matters relating to payment
of such employees, including compliance with social security
taxes, withholding taxes and all other regulations governing
such matters. Each Party will be solely responsible for proper
handling, storage, transport and disposal at its own expense of
all (i) substances or materials that it or its contractors or
agents bring to, create or assume control over at work
locations or, (ii) waste resulting therefrom or otherwise
generated in connection with its or its contractors' or agents'
activities at the work locations. Subject to the limitations
on liability and except as otherwise provided in this
Agreement, each Party shall be responsible for (i) its own acts
and performance of all obligations imposed by applicable law in
connection with its activities, legal status and property, real
or personal and, (ii) the acts of its own affiliates,
employees, agents and contractors during the performance of
that Party's obligations hereunder.
26.22 NO THIRD PARTY BENEFICIARIES
Except as may be specifically set forth in this Agreement, this
Agreement does not provide and shall not be construed to
provide third parties with any remedy, claim, liability,
reimbursement, cause of action, or other privilege.
26.23 REFERENCED DOCUMENTS
All references to Sections or Appendices shall be deemed to be
references to Sections of, and Appendices to, this Agreement
unless the context shall otherwise require. Whenever any
provision of this Agreement refers to a technical reference,
technical publication, ACI practice, USWC practice, any
publication of telecommunications industry administrative or
technical standards, or any other document specifically
incorporated into this Agreement, it will be deemed to be a
reference to the most recent version or edition (including any
PAGE 106
amendments, supplements, addenda, or successors) of such
document that is in effect, and will include the most recent
version or edition (including any amendments, supplements,
addenda, or successors) of each document incorporated by
reference in such a technical reference, technical publication,
ACI practice, USWC practice, or publication of industry
standards.
26.24 PUBLICITY AND ADVERTISING
Neither Party shall publish or use any advertising, sales
promotions or other publicity materials that use the other
Party's logo, trademarks or service marks without the prior
written approval of the other Party.
26.25 AMENDMENT
ACI and USWC may mutually agree to amend this Agreement in
writing. Since it is possible that amendments to this
Agreement may be needed to fully satisfy the purposes and
objectives of this Agreement, the Parties agree to work
cooperatively, promptly and in good faith to negotiate and
implement any such additions, changes and corrections to this
Agreement.
26.26 EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original; but such
counterparts shall together constitute one and the same
instrument.
26.27 HEADINGS OF NO FORCE OR EFFECT
The headings of Sections of this Agreement are for convenience
of reference only, and shall in no way define, modify or
restrict the meaning or interpretation of the terms or
provisions of this Agreement.
26.28 CANCELLATION CHARGES
Except as provided pursuant to a Network Element, Bona Fide
Request, or as otherwise provided in any applicable Tariff or
contract referenced herein, no cancellation charges shall
apply.
26.29 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be
filed with the Commission and may thereafter be filed with the
FCC and shall, at all times, be subject to review by the
Commission or the FCC. In the event any such review rejects
any portion of this Agreement, renders it inoperable or creates
any ambiguity of requirement for further amendment, the Parties
agree to meet and negotiate in good faith to arrive at a
mutually acceptable modification.
PAGE 107
26.30 COMPLIANCE
Each Party shall comply with all applicable federal, state, and
local laws, rules and regulations applicable to its performance
under this Agreement.
26.31 COMPLIANCE WITH THE COMMUNICATIONS LAW ENFORCEMENT ACT OF 1994
("CALEA")
Each Party represents and warrants that any equipment,
facilities or services provided to the other Party under this
Agreement comply with CALEA. Each Party shall indemnify and
hold the other Party harmless from any and all penalties
imposed upon the other Party for such noncompliance and shall
at the non-compliant Party's sole cost and expense, modify or
replace any equipment, facilities or services provided to the
other Party under this Agreement to ensure that such equipment,
facilities and services fully comply with CALEA.
26.32 COOPERATION
The Parties agree that this Agreement involves the provision of
USWC services in ways such services were not previously
available and the introduction of new processes and procedures
to provide and xxxx such services. Accordingly, the Parties
agree to work jointly and cooperatively in testing and
implementing processes for pre-ordering, ordering, maintenance,
provisioning and billing and in reasonably resolving issues
which result from such implementation on a timely basis.
26.33 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
Parties and supersedes all prior oral or written agreements,
representations, statements, negotiations, understandings,
proposals and undertakings with respect to the subject matter
hereof.
PAGE 108
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized representatives.
ACI U S WEST COMMUNICATIONS, INC.
/s/ Xxxx X. Xxxx /s/Xxxxx Xxxxxxx
-------------------------------- --------------------------------
Signature Signature
Xxxx X. Xxxx Xxxxx Xxxxxxx
-------------------------------- --------------------------------
Name Printed/Typed Name Printed/Typed
VP & Secretary Executive Director - Interconnect
-------------------------------- --------------------------------
Title Title
6/9/98 6/29/98
-------------------------------- --------------------------------
Date Date
PAGE 109
APPENDIX A
U S WEST UNBUNDLED NETWORK ELEMENTS, ANCILLARY
SERVICES, RESALE PRICE LIST
WASHINGTON
-----------------------------------------------------------------------------------------------------------
INTERCONNECTION - LOCAL EXCHANGE
-----------------------------------------------------------------------------------------------------------
-----------------------------------------
ENTRANCE FACILITY RECURRING NONRECURRING
-----------------------------------------
DS1, Electrical $99.78 $563.92
DS3, Electrical $404.24 $668.95
-----------------------------------------
CALL TERMINATION PRICE
-----------------------------------------
Average, Per Minute of Use (Note 1) $0.005341
CALL TRANSPORT
-----------------------------------------
DIRECT TRUNKED TRANSPORT FIXED PER MILE
-----------------------------------------
DS1 - 0 Miles None None
DS1 - Over 0 to 8 $41.72 $0.67
DS1 - Over 8 to 25 $41.72 $0.84
DS1 - Over 25 to 50 $41.73 $2.97
DS1 - Over 50 $41.73 $3.49
DS3 - 0 Miles None None
DS3 - Over 0 to 8 $283.30 $13.83
DS3 - Over 8 to 25 $284.17 $15.03
DS3 - Over 25 to 50 $291.31 $39.19
DS3 - Over 50 $293.91 $44.74
-----------------------------------------
PRICE
-----------------------------------------
TANDEM-SWITCHED TRANSPORT
Tandem Switching, Per Minute of Use (Note 1) $0.003994
-----------------------------------------
Tandem Transmission FIXED PER MILE
-----------------------------------------
0 Mile None None
Over 0 - 8 Miles $0.000411 $0.000009
Over 8 - 25 Miles $0.000411 $0.000008
Over 25 - 50 Miles $0.000408 $0.000008
Over 50 Miles $0.000409 $0.000014
-----------------------------------------
MULTIPLEXING, PER ARRANGEMENT RECURRING NONRECURRING
-----------------------------------------
DS3 to DS1 $218.58 $314.26
-----------------------------------------------------------------------------------------------------------
INTERCONNECTION - EXCHANGE ACCESS
-----------------------------------------------------------------------------------------------------------
PAGE 110
CALL TERMINATION Per Switched Access Tariff
CALL TRANSPORT Per Switched Access Tariff
CALL TRANSIT Per Switched Access Tariff
-----------------------------------------------------------------------------------------------------------
COMMON CHANNEL SIGNALLING ACCESS SERVICE
-----------------------------------------------------------------------------------------------------------
-----------------------------------------
ENTRANCE FACILITY RECURRING NONRECURRING
-----------------------------------------
DS1, Electrical $99.78 $563.92
DS3, Electrical $404.24 $668.95
-----------------------------------------
DIRECT LINK TRANSPORT FIXED PER MILE
-----------------------------------------
DS0 - 0 Miles None None
DS0 - Over 0 to 8 $20.89 $0.13
DS0 - Over 8 to 25 $20.88 $0.10
DS0 - Over 25 to 50 $20.88 $0.10
DS0 - Over 50 $20.89 $0.17
DS1 - 0 Miles None None
DS1 - Over 0 to 8 $41.72 $0.67
DS1 - Over 8 to 25 $41.72 $0.84
DS1 - Over 25 to 50 $41.73 $2.97
DS1 - Over 50 $41.73 $3.49
DS3 - 0 Miles None None
DS3 - Over 0 to 8 $283.30 $13.83
DS3 - Over 8 to 25 $284.17 $15.03
DS3 - Over 25 to 50 $291.31 $39.19
DS3 - Over 50 $293.91 $44.74
-----------------------------------------
RECURRING NONRECURRING
-----------------------------------------
CCS LINK -- FIRST LINK None $504.68
CCS LINK -- EACH ADDITIONAL LINK None $72.42
STP PORT -- PER PORT $214.66 None
MULTIPLEXING
DS1 to DS0 $221.08 $306.95
DS3 to DS1 $218.58 $314.26
-----------------------------------------------------------------------------------------------------------
PHYSICAL AND VIRTUAL COLLOCATION
-----------------------------------------------------------------------------------------------------------
-----------------------------------------
COMMON ELEMENTS RECURRING NONRECURRING
-----------------------------------------
Quote Preparation Fee None $2,239.79
Entrance Facility - 2 fibers $3.42 $3,213.26
PAGE 111
-----------------------------------------
EICT Channel Terminations RECURRING NONRECURRING
-----------------------------------------
2-wire DS0 EICT $0.92 $300.26
4-wire DS0 EICT $1.84 $300.26
DS1 EICT $9.12 $340.76
DS3 EICT $31.93 $342.53
EICT Regeneration (Note 2)
DS1 EICT, Regeneration $14.38 $340.76
DS3 EICT, Regeneration $94.24 $342.53
Collocation Cross Connection Under Development Under Development
Cable Splicing
Per setup None $489.61
Per Fiber Spliced None $39.14
48 Volt Power, per ampere, per month $18.81 None
48 Volt Power Cable
20 Ampere Capacity - Recurring $0.13 $72.42
40 Ampere Capacity - Recurring $0.18 $98.19
60 Ampere Capacity - Recurring $0.21 $110.59
-----------------------------------------
REGULAR HOURS AFTER HOURS
-----------------------------------------
Inspector per 1/2 Hour $28.62 $37.19
-----------------------------------------
VIRTUAL COLLOCATION RECURRING NONRECURRING
-----------------------------------------
Equipment Bay, Per Shelf $8.58 None
-----------------------------------------
REGULAR HOURS AFTER HOURS
-----------------------------------------
Training per 1/2 Hour $25.36 None
Engineering per 1/2 Hour $24.73 $33.09
Installation per 1/2 Hour $28.62 $37.19
Maintenance per 1/2 Hour $25.36 $33.73
-----------------------------------------
PHYSICAL COLLOCATION RECURRING NONRECURRING
-----------------------------------------
Cage/Hard Wall Enclosure ICB ICB
Rent (w/ Maintenance) - per square foot, Zone 1 (Note 3) $2.75 None
Rent (w/ Maintenance) - per square foot, Zone 2 (Note 3) $2.26 None
Rent (w/ Maintenance) - per square foot, Zone 3 (Note 3) $2.06 None
-----------------------------------------------------------------------------------------------------------
ANCILLARY SERVICES
-----------------------------------------------------------------------------------------------------------
-----------------------------------------
PRICE
-----------------------------------------
DIRECTORY ASSISTANCE
Price per Call -- Facilities-Based Providers $0.34
DIRECTORY ASSISTANCE CALL COMPLETION
Price per Call -- Facilities-Based Providers (Note 4) $0.35
PAGE 112
-----------------------------------------
LISTINGS PRICE
-----------------------------------------
Primary Listings, Directory Assistance, White & Yellow No Charge
Pages
E911
LEC and AECs recover costs from PSAP No Charge
-----------------------------------------
INTERIM NUMBER PORTABILITY RECURRING
-----------------------------------------
Remote Call Forwarding Without Transport
Per Number Ported - First Path $4.72
Per Number Ported - Additional Path $3.03
Remote Call Forwarding With Transport
Per Number Ported - First Path $7.35
Per Number Ported - Additional Path $5.66
-----------------------------------------
Additional Charges NONRECURRING
-----------------------------------------
Service Establishment, per switch, per route -
nonrecurring $43.80
Service Establishment - additional number ported
or changes to existing numbers, per number
ported -- nonrecurring $9.49
Additional and Consecutive Numbers -- additional
number ported on same account name and consecutive
numbers, per number ported -- nonrecurring $7.05
-----------------------------------------
ASSIGNMENT OF NUMBERS PRICE
-----------------------------------------
Assignments per industry guidelines No Charge
BUSY LINE VERIFICATION
Per Call $0.72
BUSY LINE INTERRUPT
Per Call $0.87
-----------------------------------------------------------------------------------------------------------
UNBUNDLED ELEMENTS
-----------------------------------------------------------------------------------------------------------
-----------------------------------------
RECURRING NONRECURRING
-----------------------------------------
UNBUNDLED LOOPS
2-Wire LIS-Link, Statewide $36.20
4-Wire LIS-Link, Statewide $67.28
ISDN Extension Increment, Per Loop (Note 5) $26.54
Basic Installation, First LIS-Link $116.18
Basic Installation, Each Additional LIS-Link $63.89
Installation with Conformance Testing, First LIS-Link $186.73
Installation with Conformance Testing, Each Additional
LIS-Link $94.67
Coordinated Installation with Testing, First LIS-Link $238.34
Coordinated Installation with Testing, Each Additional
LIS-Link $146.29
NETWORK INTERFACE DEVICE (NOTE 6) $64.03
CABLE UNLOADING AND BRIDGE TAP REMOVAL (NOTE 7) $590.94
PAGE 113
UNBUNDLED PORTS
End Office Port, Per First Port $1.41 $107.57
End Office Port, Per Each Additional Port $1.41 $57.87
Feature Group 1, per port (Note 8) $1.03
Feature Group 2, per port (Note 8) $5.31
Average Per Minute of Use, Per Port (Note 1) $0.005341
CUSTOMIZED ROUTING ICB ICB
-----------------------------------------------------------------------------------------------------------
RESALE
-----------------------------------------------------------------------------------------------------------
-----------------------------------------
CUSTOMER TRANSFER CHARGE NONRECURRING
-----------------------------------------
MECHANIZED CUSTOMER TRANSFER CHARGE
Residence, First Line $12.64
Residence, Each Additional Line $11.16
Business, First Line $16.80
Business, Each Additional Line $13.93
MANUAL CUSTOMER TRANSFER CHARGE
Residence, First Line $22.20
Residence, Each Additional Line $16.38
Business, First Line $22.05
Business, Each Additional Line $16.30
-----------------------------------------
USWC RESOLD SERVICES PRICE AS A % OF CURRENT RETAIL
-----------------------------------------
Residence Basic Exchange (Note 9) 100.00%
Centrex Plus (Note 9) 100.00%
Optional Calling Plans (Note 9) 100.00%
Volume Discount Plans (Note 9) 100.00%
Discounted Feature Packages (Note 9) 100.00%
Private Line Transport (Note 9) 100.00%
Business Basic Exchange 85.40%
PBX Trunks 85.40%
ISDN 85.40%
Advanced Communication Services 88.49%
Directory Listings (Premium and Privacy) 73.51%
Vertical Features 73.51%
IntraLATA Toll 76.95%
WATS 76.95%
Notes
1 This price includes an amortization of USWC's reserve deficiency at
$0.0022 Per MOU. This reserve deficiency allocation is applicable for 5
years.
2 If required. No NRC applies to regeneration ordered concurrently with
an associated EICT element.
3 Zones per NECA 4 Tariff
4 Price pending the completion of an approved TELRIC Directory Assistance
Call Completion Cost Study
5 This charge applies when a CLEC requests ISDN capability on an
unbundled loop greater than 18 kft.
PAGE 114
6 This charge applies when USWC must install a Network Interface Device
for a CLEC or when USWC must
connect a CLEC's loop to the USWC Network Interface
Device.
7 This charge applies only when loop unloading is necessary.
8 USWC disagrees with the FCC's position that vertical features -- which
are offered as finished retail services -- must be included as an
unbundled network element. If the state Commission decides to include
features in the unbundled switching elements, these costs must be
included in the per line price
9 USWC believes that the state Commission should establish the wholesale
rate for below cost services (e.g., RESIDENCE BASIC EXCHANGE SERVICE)
at 100% of the retail rate. USWC also believes that the Commission
should not further discount service packages and volume discount plans
since they are already provided at a wholesale rate.
PAGE 115
