Exhibit 10.31
AGREEMENT
FOR LOCAL WIRELINE NETWORK INTERCONNECTION
AND
SERVICE RESALE
BETWEEN
PAC-WEST TELECOMM, INC.
AND
U S WEST COMMUNICATIONS, INC.
FOR THE STATE OF
WASHINGTON
AGREEMENT NUMBER
CDS-990507-0143
[NOTE. In this Agreement, plain language corresponds to language agreed to by
the Parties and bold language corresponds to language included to comply with
the Commission's Order. In the footnotes, "Order refers to the Arbitrator's
Report and Decision issued November 27, 1996, "Recommendations' refers to the
Arbitrator's Report and Recommendations issued June 6, 1997, and "Approval"
refers to the Commission Order Modifying Arbitrator's Decision and Arbitrator's
Recommendations and Approving Interconnection Agreement with Modifications
issued July 11, 1997.]
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TABLE OF CONTENTS
RECITALS ...................................................................1
SCOPE OF AGREEMENT .........................................................1
DEFINITIONS ................................................................2
TERMS AND CONDITIONS ......................................................12
1. General Provisions ....................................................12
2. Most Favored Nation Terms and Treatment ...............................13
3. Payment ...............................................................13
4. Taxes .................................................................14
5. Intellectual Property .................................................14
6. Severability ..........................................................14
7. Responsibility for Environmental Contamination ........................15
8. Branding ..............................................................15
9. Independent Contractor Status .........................................17
10. Referenced Documents .................................................18
11. Publicity and Advertising ............................................18
12. Executed in Counterparts .............................................18
13. Headings Not Controlling .............................................18
14. Joint Work Product ...................................................18
15. Survival .............................................................18
16. Effective Date .......................................................19
17. Amendment of Agreement ...............................................19
18. Indemnification ......................................................19
19. Limitation of Liability ..............................................20
20. Term of Agreement ....................................................21
21. Governing Law ........................................................21
22. Cancellation Charge's ................................................21
23. Regulatory Approvals .................................................21
24. Compliance ...........................................................22
25. Force Majeure .................................. .....................22
26. Escalation Procedures ................................................23
27. Dispute Resolution ...................................................23
28. Nondisclosure ........................................................24
29. Notices ..............................................................26
30. Assignment ...........................................................26
31. Warranties ...........................................................27
32. Default ..............................................................27
33. Remedies .............................................................28
34. Waivers ..............................................................28
35. No Third Party Beneficiaries .........................................28
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36. Physical Security .....................................................28
37. Network Security ......................................................29
38. Revenue Protection ....................................................30
39. Law Enforcement Interface .............................................30
40. Collocation ...........................................................30
41. Technical References - Collocation ....................................41
42. Number Portability ....................................................42
43. Dialing Parity ........................................................49
44. Directory Listings ....................................................49
45. Directories ...........................................................52
46. U S WEST Dex Issues ...................................................52
47. Access to Poles, Ducts, Conduits, and ROW .............................52
48. Bona Fide Request Process for Further Unbundling ......................57
49. Audit Process .........................................................60
50. Miscellaneous Services ................................................62
51. Unused Transmission Media .............................................77
52. Service Standards .....................................................80
53. Entire Agreement ......................................................82
54. Reservation of Rights .................................................82
ATTACHMENTS
Attachment I Rates and Charges
Attachment 2 Resale
Attachment 3 Unbundled Access/Elements
Attachment 4 Interconnection
Attachment 5 Business Process Requirements
Attachment 6 Electronic Interfaces
Attachment 7 Implementation Schedule
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Part A
This Interconnection Agreement (this "Agreement") is made(1) by and
between Pac-West Telecomm, Inc., a California corporation ("Pac-West"), and U S
WEST Communications, Inc., a Colorado corporation ("U S WEST"), to establish the
rates, terms and conditions for local interconnection, local resale, and the
purchase of unbundled network elements (individually referred to as the
"service" or collectively as the "services").
RECITALS
WHEREAS. pursuant to this Agreement, PAC-WEST and U S WEST will extend
certain arrangements to one another within each LATA in which they both operate
within Washington. This Agreement is a combination of agreed terms and terms
imposed by arbitration under Section 252 of the Communications Act of 1934, as
modified by the Telecommunications Act of 1996. the rules and regulations of the
Federal Communications Commission (the "FCC"), and the orders, rules and
regulations of the Washington Utilities and Transportation Commission (the
"Commission"); and as such does not necessarily rip-resent the position of
either Party on any given issue; and
WHEREAS, the Parties wish to interconnect their local exchange networks
in a technically and economically efficient manner for the transmission and
termination of calls, so that subscribers of each can seamlessly receive calls
that originate on the other's network and place calls that terminate on the
other's network, and for Pac-West's use in the provision of exchange access
("Local Interconnection"); and
WHEREAS, Pac-West wishes to purchase Telecommunications Services for
resale to others, and U S WEST is willing to provide such services; and
WHEREAS, Pac-West wishes to purchase on an unbundled basis Network
Elements, Ancillary Services and Functions and additional features separately or
in any Combination, and to use such services for itself or for the provision of
its Telecommunications Services to others, and U S WEST is willing to provide
such services;
Now, therefore, in consideration of the terms and conditions contained
herein, Pac-West and U S WEST hereby mutually agree as follows:
SCOPE OF AGREEMENT
A. This Agreement specifies the rights and obligations of each Party
with respect to the purchase and sale of Local Interconnection, Local Resale and
Network Elements in the LATAs in Washington where U S WEST operates.
B. 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.
C. U S WEST will provide Pac-West with at least the level of service
quality or performance of obligations under this Agreement as U S WEST provides
itself or any other Person with respect to all Telecommunications Services,
Local Interconnection, Services for Resale, and Network Elements as applicable
and shall provide such level of service quality or performance of service
obligations in accordance with the specific requirements agreed to in Attachment
5.
D. U S WEST shall provide to Pac-West Services for Resale that are
equal in quality, subject to the same conditions (including the conditions in
U S WEST's effective tariffs which are not otherwise
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(1) Per Approval at page 14, paragraph 2 (This footnote is not applicable to
Pac-West)
inconsistent with the terms and conditions contained herein), within the same
provisioning time intervals that U S WEST provides these services to itself, its
Affiliates and others, including end users, and in accordance with any
applicable Commission service quality standards, including Standards the
Commission may impose pursuant to Section 252(e)(3) of the Act.
E. Each Network Element provided by U S WEST to Pac-West shall be at
least equal in the quality of design, performance, features, functions,
capabilities and other characteristics, including, but not limited to, levels
and types of redundant equipment and facilities for power, diversity and
security, that U S WEST provides to itself, U S WEST's own subscribers, to a U S
WEST Affiliate or to any other entity.
F. 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.
G. If a Party makes a change in its network which it believes will
materially affect the interoperability of its network with that of the other
Party, the Party making the change shall provide advance notice of such change
to the other Party in accordance with applicable FCC or Commission regulations
H. In accordance with Section 251(c)(5) of the Act and the rules and
regulations established by the FCC and the Commission, the Parties shall provide
reasonable notice of changes in the information necessary for the transmission
and routing of services using that local exchange carrier's facilities or
network., as well as of any other changes that would affect the interoperability
of those facilities and networks.
I. Except as otherwise provided for in Section 8 of Attachment 2, U S
WEST shall not discontinue or refuse to provide any service required hereunder
without Pac-West's prior written agreement in accordance with Section 17 of this
Part A of this Agreement, nor shall U S WEST reconfigure, reengineer or
otherwise redeploy its network in a manner which would materially impair
Pac-West's ability to offer Telecommunications Services in the manner
contemplated by this Agreement, the Act or the FCC's rules and regulations. U S
WEST agrees that all obligations undertaken pursuant to this Agreement,
including, without limitation, performance standards, intervals, and technical
requirements are material obligations hereof and that time is of the essence.
DEFINITIONS
Certain terms used in this Agreement shall have the meanings set forth
herein or as otherwise elsewhere defined throughout this Agreement. Other terms
used but not defined herein will have the meanings ascribed to them in the Act
and the FCC's rules and regulations.
"911 Service" means a universal telephone number which gives the public direct
access to the Public Safety Answering Point (PSAP). Basic 911 service collects
911 calls from one or more local exchange switches that serve a geographic area.
The calls are then sent to the correct authority designated to receive such
calls.
"911 Site Administrator" is a person assigned by Pac-West to establish and
maintain 911 service location information for its subscribers.
"Access Services" refers to interstate and intrastate switched access and
private line transport services.
"Act" means the Communications Act of 1934 (47 U.S.C. Section 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 by the
Commission.
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"ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission technology
which transmits an asymmetrical digital signal using one of several transmission
methods (for example, xxxxxx-less AM/PM discrete multi-tone, or discrete wavelet
multi-tone).
'Affiliate" is an entity, as defined in the Act, that directly or indirectly
owns or controls, is owned or controlled by, or is under common ownership or
control with, another entity. For the purposes of this Agreement, "own' or
"control" means to own an equity interest (or equivalent) of at least ten
percent (10%), or the right to control the business decisions, management and
policy of another entity performing any of the obligations set forth in this
Agreement.
"AIN" (Advanced Intelligent Network) is a network functionality that permits
specific conditions to be programmed into a switch which, when met, directs the
switch to suspend call processing and to receive special instructions for
further call handling instructions in order to enable carriers to offer advanced
features and services.
"AIN Services" means architecture and configuration of the AIN Triggers within
the SCP as developed and/or offered by U S WEST to its customers.
"ALI" (Automatic Location Identification) is a database developed for E911
systems that provides for a visual display of the caller's telephone number and
address, and the names of the emergency response agencies responsible for that
address. The ALI also shows an Interim Number Portability (INP) number, if
applicable.
"ALI/DMS" (Automatic Location Identification/Data Management System) means the
emergency service (E911/911) database containing subscriber location information
(including name, address, telephone number, and sometimes special information
from the local service provider) used to determine to which Public Safety
Answering Point (PSAP) to route the call.
"AMA" means the Automated Message Accounting structure that initially records
telecommunication message information. AMA format is contained in the Automated
Message Accounting document, published by Bellcore as GR-1 1 00-CORE, which
defines the industry standard for message recording.
"Ancillary Services" or "Ancillary Functions" means, collectively, the
following: (1) Collocation as described in Section 40 of this Part A of this
Agreement; (2) access to poles, ducts, conduits and rights of way as described
in Section 47 of this Part A of this Agreement; (3) unused transmission media as
described in Section 51 of this Part A of this Agreement; (4) Directory Listings
as described in Section 44 of this Part A of this Agreement (5) E91 1 as
described in Section 50.1 of this Part A of this Agreement (6) Directory
Assistance Service as described in Section 50.2 of this Part A of this Agreement
(7) Operator Services as described in Section 50.3 of this Part A of this
Agreement; (8) Directory Assistance and Listings services requests as described
in Section 50.4 of this Part A of this Agreement; and (9) directory assistance
data as described in Section 50.5 of this Part A of this Agreement.
"ANI" (Automatic Number Identification) is a feature that identifies and
displays the number of a telephone that originates a call.
"ARS" (Automatic Route Selection) is a service feature that provides for
automatic selection of the least expensive or most appropriate transmission
facility for each call based on criteria programmed into the system.
"ASR" (Access Service Request) means the industry standard forms and supporting
documentation used for ordering Access Services. The ASR may be used to order
trunking and facilities between Pac-West and U S WEST for Local Interconnection.
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"BLV/BLI" (Busy Line Verify/Busy Line Interrupt) means an operator call in which
the end user inquires as to the busy status of, or requests an interruption of,
a telephone call.
"Business Day" means any day Monday through Friday except for mutually agreed to
holidays.
"CABS" means the Carrier Access Billing System which is defined in a document
prepared by the Billing Committee of the OBF. The Carrier Access Billing System
document is published by Bellcore in Volumes 1, 1A, 2, 3, 3A, 4 and 5 as Special
Reports SR-OPT-001868, SR-OPT-001 1869. SR-OPT-001871, SR-OPT-001872, XX-XXX-000
000, XX-XXX-000 874, and SR-OPT-001 875, respectively, and contains the
recommended guidelines for the billing of access and other connectivity
services.
"Calling Party Number' or "CPN" is a CCS parameter which refers to the number
transmitted through a network identifying the calling party.
"CCS" (Common Channel Signaling) means a method of digitally transmitting call
set-up and network control data over a digital signaling network fully separate
from the public switched telephone network that carries the actual call.
"Central Office Switch" means a switch used to provide Telecommunications
Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer station
loops for the purpose of interconnecting to each other and to
trunks;
(b) "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; or
(c) Combination End Office/Tandem Office Switches.
"Centrex", including Centrex Plus, means a Telecommunications Service that uses
central office switching equipment for call routing to handle direct dialing of
calls and to provide numerous private branch exchangelike features.
"Charge Number' is a CCS parameter which refers to the number transmitted
through the network identifying the billing number of the calling party.
"CLASS" (Bellcore Service Xxxx) is a set of call-management service features
that utilize the capability to forward a calling party's number between end
offices as part of call setup. Features include Automatic Callback, Automatic
Recall, Caller ID, Call Trace, and Distinctive Ringing.
"Combinations" means provision by U 3 WEST of two or more connected Network
Elements ordered by Pac-West to provide its Telecommunication Services in a
geographic area or to a specific subscriber and that are placed on the same or
related order by Pac-West, subject to restrictions, if any, imposed by the
Commission.
"Commission" means the Washington Utilities and Transportation Commission.
"Competitive Local Exchange Carrier" or 'CLEC" means an entity authorized to
provide Local Exchange Service that does not otherwise qualify as an incumbent
LEG.
"Conduit" means a tube or protected pathway that may be used to house
communication or electrical cables. Conduit may be underground or above around
(for example, inside buildings) and may contain one or more innerducts.
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"Confidential Information" has the meaning set forth in Section 28 of Part A of
this Agreement
"Contract Year" means a twelve (12) month period during the term of this
Agreement commencing on the Effective Date and each anniversary thereof.
"Control Office" is an exchange carrier center or office designated as its
company's single point of contact for the provisioning and maintenance of its
portion of local interconnection arrangements.
"Custom Calling Features" is a set of call-management service features available
to residential and business subscribers including call-waiting call-forwarding
and three-party calling.
"Customer" means a third-party (residence or business) that subscribes to
Telecommunications Services Provided by either of the Parties.
"DBMS" (Database Management System) is a computer system used to store, sort,
manipulate and update the data required to provide, for example, selective
routing and ALI.
"Databases" are the Network Elements that provide the functionality for storage
of, access to, and manipulation of information required to offer a particular
service and/or capability. Databases include, but are not limited to: Number
Portability, LIDB, Toll Free Number Database, Automatic Location
Identification/Data Management System, and AIN.
"Digital Signal Level" means one of several transmission rates in the time
division multiplexing hierarchy, including, but not limited to:
"Digital Signal Level 0" or "DS-0" means the 56 or 64 Kbps zero-level
signal in the time-division multiplex hierarchy.
"Digital Signal Level 1" or "DS-1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS-1 is the initial
level of multiplexing.
"Digital Signal Level 3" or "DS-3" means the 44.736 Mbps third-level in
the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS-3 is defined as the
third level of multiplexing.
"Directory Assistance Database" refers to any set of subscriber records used by
U S WEST in its provision of live or automated operator-assisted directory
assistance including, but not limited to, 411, 5555-1,212, NPA 555-1212.
"Directory Assistance Service" provides Listings to callers. Directory
Assistance Service may include the option to complete the call at the caller's
direction.
"Directory Listings" or "Listings" refers to subscriber information, including,
but not limited to, name, address and phone numbers, in Directory Assistance
Services or directory products.
"Discloser" means that Party to this Agreement which has disclosed Confidential
Information to the other Party.
"E911" (Enhanced 911 Service) means a telephone communication service which will
automatically route a call dialed "911" to a designated Public Safety Answering
Point (PSAP) attendant and will provide to the attendant the calling party's
telephone number and, when possible, the address from which the call is being
placed, and the emergency response agencies responsible for the location from
which the call was dialed.
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"E911 Message Trunk" is a dedicated line, trunk or channel between two central
offices or switching devices which provides a voice and signaling path for E911
calls.
"EAS" (Extended Area Service) is intraLATA traffic treated as "local" traffic
between exchanges (rather than as 'toll" traffic) as established by the
Commission and as reflected in the effective U S WEST tariffs.
"Effective Date" is the date the Commission approves this Agreement.
"Emergency Response Agency' is a governmental entity authorized to respond to
requests from the public to meet emergencies.
"EMR" means the Exchange Message Record System used among LECs for exchanging
telecommunications message information for billable, non-billable, sample,
settlement and study data. EMIR format is contained in BR-01 0-000-000 XXXX
Exchange Message Record, published by Bellcore, which defines the industry
standard for exchange message records.
"ESN" (Emergency Service Number) is a number assigned to the ALI and selective
routing databases for all subscriber telephone numbers. The ESN designates a
unique combination of fire, police and emergency medical service response
agencies that serve the address location of each in-service telephone number.
"FCC" means the Federal Communications Commission.
"FCC Interconnecton Order" is the Federal Communications Commission's First
Report and Order in FCC Docket No. 96-98 released August 8, 1996, as effective.
"Fiber-Meet" means an Interconnection architecture method whereby the Parties
physically interconnect their networks via an optical fiber interface (as
opposed to an electrical interface) at a mutually agreed upon location.
"Gateway' (ALI Gateway) is a telephone company computer facility that interfaces
with Pac-West's 911 administrative site to receive ALI data from Pac-West.
Access to the Gateway will be via a dial-up modem using a common protocol.
"HDSL" (High-Sit Rate Digital Subscriber Line) means a two-wire or four-wire
transmission technology which typically transmits a DS1-level signal (or, higher
level signals with certain technologies), using, for example, 2 Binary / 1
Quartenary ("2B1 Q").
"IDLC" (Integrated Digital Loop Carrier) means a digital subscriber loop carrier
system which interfaces with the switch digitally at a DS1 (1.544Mbps) or higher
level.
"ILEC" means an incumbent local exchange carrier.
"Information Service Traffic" means traffic which originates on a local access
line and which is addressed to an information service provider.
"INP" (Interim Number Portability) is a service arrangement whereby subscribers
who change local service providers may retain existing telephone numbers with
minimal impairment of quality, reliability, or convenience when remaining at
their current location or changing their location within the geographic area
served by the initial carrier's serving central office.
"Interconnection" is as described in the Act and refers to the connection of
separate pieces of equipment, facilities, or platforms between or within
networks for the purpose of transmission and routing of telephone exchange
service traffic and exchange access traffic.
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"ISDN" (Integrated Services Digital Network) means a switched network service
that provides end-to-end digital connectivity for the simultaneous transmission
of voice and data. Basic Rate Interface-ISDN (BRI-ISDN) provides for a digital
transmission of two 64 Kbps bearer channels and one 16 Kbps data channel
(2B+D). Primary Rate Interface-ISDN (PRI-ISDN) provides for a digital
transmission of twenty-'three (23) 64 Kbps bearer channels and one 64 Kbps data
channel (23B+D).
"IXC" (Interexchange Carrier) means a provider of interexchange
Telecommunications Services.
"LATA" means Local Access Transport Area.
"LEC" means local exchange carrier.
"LTDB" (Line Information Data Base(s)) is an SCP database that provides for such
functions as calling card validation for telephone line number cards issued by
LECs and other entities and validation for collect and billed-to-third-party
services.
"Local Interconnection" shall have the meaning set forth in the Recitals to this
Agreement.
"Local Resale', "Services for Resale" or "Resale Services" means, collectively,
Telecommunications Services and service functions provided by U S WEST to
Pac-West pursuant to Attachment 2 of 'this Agreement.
"Local Traffic" is intraLATA traffic within an exchange that is treated as toll
free traffic as established by the Commission and as reflected in the effective
tariffs of U S WEST.
"Loop" is a transmission facility between a distribution frame, or its
equivalent, in a U S WEST central office or wire center, and the Network
Interface Device (as defined herein) or network interface at a subscriber's
premises, to which Pac-West is granted exclusive use. This includes, but is not
limited to, two-wire and fourwire analog voice-grade loops, and two-wire and
four-wire loops that are conditioned to transmit the digital signals needed to
provide ISDN, ADSL, HDSL, and DS-1 level signals. A Loop may be composed of the
following components:
Loop Concentrator / Multiplexer
Loop Feeder
Network Interface Device (NID)
Distribution
"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 or transmission facility.
"MECAB" refers to the Multiple Exchange Carrier Access Billing (MECAB) document
prepared by the Billing Committee of the OBF, which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS). The MECAB document, published by Bellcore as Special
Report SR-BDS-000983, contains the recommended guidelines for the billing of an
Access Service provided by two or more LECs (including a LEC and a CLEC), or by
one LEC in two or more states within a single LATA.
"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 OBF,
which functions under the auspices of the Carrier Liaison Committee (CLC) of the
Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document,
published by Bellcore as Special Report SIR STS-002643, establishes recommended
guidelines for processing orders for Access
7
Service which is to be provided by two or more LECs (including a LEC and a
CLEC). It is published by Bellcore as SRBIDS 00983.
"Meet-Point Billing" or "MPB" refers to an arrangement whereby two LECs
(including a LEC and Pac-West) jointly provide Switched Access Service to an
Interexchange Carrier, with each LEC (or Pac-West) receiving an appropriate
share of the access element revenues.
"Mid-Span Meet" is a Point of Interconnection between two networks. designated
has two Telecommunications Carriers, at which one carrier's responsibility for
service begins and the other carriers responsibility ends.
"MSAG" (Master Street Address Guide) is a database defining the geographic area
of an E91 1 service. It includes an alphabetical list of the street names,
high-low house number ranges, community names, and emergency service numbers
provided by the counties or their agents to U S WEST.
"NANP" (North American Numbering Plan) 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.
"NENA" (National Emergency Number Association) is an association with a mission
to xxxxxx the technological advancement, availability and implementation of 911
nationwide.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service including all features, functions and capabilities
embedded in such facility or equipment.(2)
"NP" (Number Portability) means the use of the Location Routing Number (LRN)
database solution to provide fully transparent NP for all subscribers and all
providers without limitation.
"NPA" (Numbering Plan Area) (sometimes referred to as an area code) is the three
digit indicator which is designated by the first three digits of each 10-digit
telephone number within the NANP. Each NPA contains 792 possible NXX Codes.
There are two general categories of NPA, "Geographic NPAs" and "NonGeographic
NPAs." A "Geographic NPA" is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within
that geographic area. A "NonGeographic NPA," also known as a "Service Access
Code (SAC Code)" is typically associated with a specialized Telecommunications
Service which may be provided across multiple geographic NPA areas; 500, 800,
900, 700, and 888 are examples of Non-Geographic NPAs.
"NXX" means the fourth, fifth and sixth digits of a ten-digit telephone number
within the NANP.
"OBF" means the Ordering and Billing Forum, which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS).
"Operator Services" includes, but is not limited to, (1) operator handling for
call completion (e.g., collect calls); (2) operator or automated assistance for
billing after the subscriber has dialed the called number (e.g., credit card
calls); and (3) special services (e.g., BLV/BLI, emergency agency call).
"Operator Systems" is the Network Element that provides operator and automated
call handling with billing, special services, subscriber telephone listings, and
optional C211 completion services.
"P.01 Transmission Grade of Service" (GOS) means a trunk facility provisioning
standard with the statistical probability of no more than one call in 100
blocked on initial attempt during the average busy hour.
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2 Per Order at page 10, Issue 18.
8
"PLU" (Percent Local Usage) is a calculation which represents the ratio of the
local minutes to the sum of local and intraLATA toll minutes between exchange
carriers sent over Local Interconnection trunks. Directory assistance, BLV/BLI.
900, 976, transiting calls from other exchange carriers and switched access
calls are not included in the calculation of PLU.
"Party" means either U S WEST or Pac-West and "Parties" means U S WEST and
Pac-West.
"Person" means, collectively, an Affiliate, subsidiary, Customer, end user and
subscriber of U S WEST.
"POI" (Point of Interconnection) means the physical point that establishes the
technical interface, the test point, where applicable, and the operational
responsibility hand-off between Pac-West and U S WEST for the local
interconnection of their networks for the mutual exchange of traffic.
"Point of Interface" is the physical point where Pac-West hands off transmission
media to the U S WEST provided entrance facility associated with a collocation
arrangement for the purpose of connecting the entrance facility to some point
located within U S WEST's premises.
"Pole Attachment" means the connection of a facility to a utility pole. Some
examples of facilities are mechanical hardware, grounding and transmission
cable, and equipment boxes.
"POP" means an IXC's point of presence.
"Port" means a termination on a Central Office Switch that permits Customers to
send or receive Telecommunications Services over the public switched network,
including switch features or switching functionality.(3)
"Premium Listing", such as additional, foreign, cross reference, informational,
non-listed, privacy, etc., are as described in the U S WEST general exchange
listing tariff.
"Primary Listing" (for example, main list, additional main, joint user, client
main list or answering service list) shall mean the one appearance of an end
user telephone subscriber's main telephone number and other content such as name
and address, which each Pac-West residence or business subscriber is entitled to
receive in the white pages directory published by U S WEST Dex at no charge from
U S WEST Communications. Where U S WEST business end users are entitled to
receive a courtesy Listing in the yellow pages section of any directory
published on U S WEST's behalf, Pac-West's business customers will receive the
same entitlement.
"Proprietary Information" shall have the same meaning as Confidential
Information.
"PSAP" (Public Safety Answering Point) is the public safety communications
center where 911 calls placed by the public for a specific geographic area will
be answered.
"Rate Center" means the geographic point and corresponding geographic area which
are associated with one or more particular NPA-NXX codes which have been
assigned to U S WEST or Pac-West 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 U S WEST or
Pac-West will provide basic exchange Telecommunications Services bearing the
particular NPA-NXX designations associated with the specific Rate Center. The
Rate Center Point must be located within the Rate Center Area.
----------
3 Per Order at page 10, Issue 18.
9
"Rating Point" means the point at which transport mileage is calculated for the
termination of calls. Each Party shall establish its own Rating Point(s) for its
own services.
"Real Time" means the actual time in which an event takes place, with the
reporting on or the recording of 'the event simultaneous with its occurrence.
"Recipient" means that Party to this Agreement (1) to which Confidential
Information has been disclosed by the other Party, or (2) who has obtained
Confidential Information in the course of providing services under this
Agreement.
"Reseller" is a category of Telecommunications Services providers who obtain
Telecommunications Services from another provider through the purchase of
wholesale priced services for resale to their end user subscribers.
"Routing Point" means a location which U S WEST or Pac-West has designated on
its own network as the homing (routing) point for traffic inbound to basic
exchange Telecommunications Services provided by U S WEST or Pac-West which bear
a certain NPA-NXX designation The Routing Point is employed to calculate mileage
measurements for the distance-sensitive transport element charges of Switched
Access Services. Pursuant to Bellcore Practice BR 000-000-000, the Routing Point
maybe an "End Office' location, or a "LEC Consortium Point of Interconnection."
Pursuant to that same Bellcore Practice, examples of the latter shall be
designated by a common language location identifier (CLLI) code with (x)KD in
positions 9, 10, 11, where (x) may by any alphanumeric A-Z or 0-9. The Routing
Point need not be the same as the Rate Center Point, nor must it be located
within the Rate Center Area, but must be in the same LATA as the NPA-NXX.
"ROW" (Right of Way) means the right to use the land or other property owned,
leased, or controlled by another party to place poles, conduits, cables, other
structures and equipment, or to provide passage to access such structures and
equipment A ROW may run under, on, or above public or private property
(including air space above public or private property) and may include the right
to use discrete space in buildings, building complexes or other locations.
"SAG" (Street Address Guide) is a database containing an alphabetical list of
street names, high-low house number ranges, descriptive addresses, community
names, tax codes, subscriber names, telephone numbers, NXXs, central office
names, CLLI and other information maintained by U S WEST.
"SCP" (Service Control Point) is a specific type of Database Network Element
functionality deployed in a Signaling System 7 (SS7) network that executes
service application logic in response to SS7 queries sent to it by a switching
system also connected to the SS7 network. SCPs also provide operational
interfaces to allow for provisioning, administration and maintenance of
subscriber data and service application data (e.g., a toll free database stores
subscriber record data that provides information necessary to route toll free
calls).
"SECAB" means the Small Exchange Carrier Access Billing document prepared by the
Billing Committee of the OBF. The Small Exchange Carrier Access Billing
document, published by Bellcore as Special Report SR OPT-001 856, contains the
recommended guidelines for the billing of access and other connectivity
services.
"Selective Routing" is a service which automatically routes an E911 call to the
PSAP that has jurisdictional responsibility for the service address of the
telephone from which 911 is dialed, irrespective of telephone company exchange
or wire center boundaries.
"STPs" (Signaling Transfer Points) provide functionality that enable the
exchange of SS7 messages among and between switching elements, database elements
and Signaling Transfer Points.
"Switch" - See Central Office Switch.
10
"Switched Access", "Switched Access Service", "Switched Exchange Access Service'
or "Switched Access Traffic" are as defined in the Parties' applicable tariffs.
"Tandem Office Switches" are Class 4 switches which are used to connect and
switch trunk circuits between and among End Office Switches and other tandems.
"Tariff Services" as used throughout this Agreement refers to the applicable
Party's interstate tariffs and state tariffs, price lists, price schedules and
catalogs.
"Technically Feasible" refers solely to technical or operational concerns,
rather than economic, space, or site considerations, in accordance with the
rules and regulations of the FCC and the Commission.
"Telecommunications" means the transmission, between or among points specified
by the user, of information of the user's choosing, without change in the form
or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services,
except that such term does not include aggregators of Telecommunications
Services (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.
"Telecommunications Services" means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Toll Traffic" is traffic that originates in one Rate Center and terminates in
another Rate Center with the exception of traffic that is rated as EAS.
"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 CLEC, 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.
"Transit Traffic" is any traffic, other than Switched Access Traffic, that
originates from one Telecommunications Carrier's network, transits another
Telecommunications Carrier's network, and terminates to yet another
Telecommunications Carrier's network.
"TRCO" means Trouble Reporting Control Office.
"U S WEST" means U S WEST Communications, Inc. and any Affiliates, subsidiary
companies or other entities performing any of the obligations of U S WEST set
forth in this Agreement.
"Voluntary Federal Subscriber Financial Assistance Programs" are
Telecommunications Services provided to low-income subscribers, pursuant to
requirements established by the appropriate federal or state regulatory body.
"Wire Center" denotes, for the purposes of collocation, a building or space
within a building, that serves as an aggregation point on a given carrier's
network, where transmission facilities and circuits are connected or switched.
Wire Center can also denote a building where one or more central offices, used
for the provision of
11
Telecommunications Services and Access Services, are located. Wire Center shall
mean those points eligible for such connections as specified in FCC Docket No.
91-141, and rules adopted pursuant thereto.
TERMS AND CONDITIONS
1. General Provisions
1.1 Each Party is individually responsible to provide facilities
within its network which are necessary for routing,
transporting, measuring, and billing traffic from the other
Party's network and for delivering such traffic to the other
Party's network in the standard format compatible with
Pac-West's network and to terminate the traffic it receives
in that standard format or the proper address on its
network. 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.
1.2 Neither Party shall impair the quality of service to other
carriers or to either Party's Customers, and each Party may
discontinue or refuse service if the other Party violates
this provision. Upon such violation, either Party shall
provide the other Party notice of such violation, at the
earliest practicable time.
1.3 Each Party is solely responsible for the services it
provides to its Customers and to other Telecommunications
Carriers.
1.3.1 The Parties recognize that equipment vendors may
manufacture telecommunications equipment that does
not fully incorporate and may deviate from
industry Standards referenced in this Agreement.
Due to the manner in which individual equipment
manufacturers have chosen to implement industry
standards into the design of their products, along
with differing vintages of individual facility
components and the presence of embedded
technologies pre-dating current technical
standards, some of the individual facility
components deployed within U S WEST's network,
including, without limitation, Network Elements
and associated business processes and the
standards associated with the equipment providing
such Network Elements (collectively, "Network
Components'), may not adhere to all the
specifications set forth and described in the
Bellcore, ANSI, ITU and other technical and
performance standards outlined in this Agreement.
Within forty-five (45) days after the Effective
Date of this Agreement, the Parties will develop
processes by which U S WEST will inform Pac-West
of deviations or planned deviations, and the
implementation date of such planned deviations,
from standards referenced in this Agreement for
Network Components that may be ordered by
Pac-West. In addition, the Parties agree that
those deviations from such standards documented by
U S WEST to Pac-West shall, to the extent
permitted by FCC and Commission rules and
regulations, supersede sections of this Agreement
referencing technical standards otherwise
applicable for the affected Network Elements.
1.3.2 U S WEST agrees that in no event shall it
intentionally allow any Network Component provided
by U S WEST to Pac-West under this Agreement to
perform below the standards or deviations
therefrom reflected in Section 1. 3. 1, except
where requested by Pac-West. U S WEST shall
minimize any degradation to its equipment relative
to currently applicable service, where reasonable
in view of industry adopted performance standards
and technological developments. Written notice
(the "Change Notice") of any planned changes in
standards for any Network Component which could
impact that Network Component will be
12
provided at least ninety (90) days (or at the
make/buy point) prior to the planned implementation.
If Pac-West notifies U S WEST of how the proposed
change may adversely impact Pac-West or its Customers
within fourteen (14) calendar days after receipt of U
S WEST's Change Notice, U S WEST and Pac-West will
schedule joint discussions to address and attempt to
resolve the matter, including without limitation
consideration of proposed alternatives. In addition,
if U S WEST learns 'that any Network Component
purchased by Pac-West under this Agreement has been
permitted (even if not intentionally) to fall
materially below the level or specification in effect
as of the Effective Date of this Agreement, U S WEST
shall inform Pac-West immediately.
1.3.3 The Parties recognize that providing a number of the'
services specified in this Agreement depends upon the
"technical feasibility" of providing that service, as
that term is defined under the Act and/or by FCC or
Commission rules and decisions. If the Parties cannot
agree on whether providing a service is technically
feasible, the matter, including cost and expenses (if
any), shall be resolved through good faith
negotiation or the dispute resolution process
outlined in this Agreement
2. Most Favored Nation Terms and Treatment
2.1 Until such time as there is a final court determination
interpreting Section 252(i) of the Act, U S WEST shall make
available to Pac-West the terms and conditions of any other
agreement for Interconnection, unbundled Network Elements and
resale services approved by the Commission under Section 252
of the Act, in that agreement's entirety. After there is a
final court determination interpreting Section 252(i) of the
Act, the Parties agree to revise this Section 2.1 to reflect
such interpretation.
3. Payment
3.1 In consideration of the services provided by U S WEST under
this Agreement, Pac-West shall pay the charges set forth in
Attachment I to this Agreement. The billing procedures for
charges incurred by Pac-West hereunder are set forth in
Attachment 5 to this Agreement.
3.2 Amounts payable under this Agreement, unless reasonably
disputed, are due and payable within thirty (30) days after
the date of U S WEST's invoice or within twenty (20) days
after receipt of the invoice, whichever is later. If the
payment due date is not a Business Day, the payment shall be
made the next Business Day.
3.3 A late payment charge of 1.5% applies to all billed balances,
not reasonably disputed, which are not paid within the
applicable time period set forth in Section 3.2 above. To the
extent Pac-West pays the billed balance an time, but the
amount of the billed balance is reasonably disputed by
Pac-West, and, it is later determined that a refund is due
Pac-West, interest shall be payable on the refunded amount in
the amount of 1.5% per month. To the extent Pac-West pays the
billed balance on time, but the amount of the billed balance
is reasonably disputed by Pac-West, and, it is later
determined that no refund is due Pac-West, no interest shall
be payable an the disputed amount.
3.4 Late payment charges shall not be used as a "credit' to a
deposit, if any, without the express approval of U S WEST.
3.5 Unless specified otherwise in this Agreement, U S WEST shall
xxxx all amounts due from Pac-West for each resold service in
accordance with the terms and conditions as specified in the
U S WEST tariff.
13
4. Taxes
4.1 Any federal, state or local excise, sales, or use taxes
(excluding any taxes levied on income) resulting from the
performance of this Agreement shall be borne by the Party upon
which the obligation for payment is imposed under applicable
law, even if the obligation to collect and remit such taxes is
placed upon the other Party. Any such taxes shall be shown as
separate items on applicable billing documents between the
Parties. The Party so obligated to pay any such taxes may
contest the same in good faith, at its own expense. and shall
be entitled to the benefit of any refund or recovery, provided
that such Party shall not permit any lien to exist on any
asset of the other Party by reason of the contest. The Party
obligated to collect and remit taxes shall cooperate fully in
any such contest by the other Party by providing records,
testimony and such additional information or assistance as may
reasonably be necessary to pursue the contest. 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 during the applicable reporting period.
5. Intellectual Property
5.1 Obligations of Party Requesting Access. As a condition to the
access or use of patents, copyright, 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 ("Third Party Intellectual Property"), 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 of Third Party Intellectual Property, make all
payment, if any, in connection with obtaining such license,
and provide evidence of such license.
5.2 Obligations of Party Providing Access. The Party providing
access shall provide a list of all known and necessary Third
Party Intellectual Property applicable to the other Party, and
take all necessary and appropriate steps to facilitate the
negotiation of any mandatory licenses. The treatment of third
party licenses shall be in accordance with FCC rules and
regulations and/or judicial determinations.
5.3 Any intellectual property jointly developed in the course of
performing this Agreement shall belong to both Parties who
shall have the right to grant non-exclusive licenses to third
parties except as otherwise designated in writing by one Party
to another. Any intellectual property which originates from or
is developed by a Party shall remain in the exclusive
ownership of that Party. Except for a limited license to use
patents or copyrights to the extent necessary for the Parties
to use any facilities or equipment (including software) or to
receive any service solely as provided under this Agreement,
no license in patent, copyright, trademark or trade secret, or
other proprietary or intellectual property presently or
hereafter owned, controlled or licensable by a Party, is
granted to the other Party or shall be implied or arise by
estoppel.
6. Severability
6.1 In the event that any one or more of the provisions contained
herein shall for any reason be held to be unenforceable or
invalid in any respect under law or regulation, 'the Parties
will
14
negotiate in good faith for replacement language. If any part
of this Agreement is held to be invalid or unenforceable for
any reason, such invalidity or u n enforceability Will affect
only the portion of this Agreement which is invalid or
unenforceable. In all other respects this Agreement will stand
as if such invalid or unenforceable provision had not been a
part hereof, and the remainder of this Agreement shall remain
in full force and effect.
7. Responsibility for Environmental Contamination
7.1 Pac-West shall in no event be liable to U S WEST for any costs
whatsoever resulting from the presence or release of any
environmental hazard Pac-West did not introduce to the
affected work location. U S WEST shall. at Pac-West's request,
indemnify, defend, and hold harmless Pac-West, and each of its
officers, directors and employees from and against any losses,
damages, claims, demands, suits, liabilities, fines, penalties
and expenses (including reasonable attorneys' fees) arising
out of or resulting from (a) any environmental hazard U S
WEST, its contractors or agents introduce to the work
location, or (b) the presence or release of any environmental
hazard for which U S WEST is responsible under applicable law.
7.2 U S WEST shall in no event be liable to Pac-West for any costs
whatsoever resulting from the presence or release of any
environmental hazard U S WEST did not introduce to the
affected work location. Pac-West shall, at U S WEST's request,
indemnify, defend, and hold harmless U S WEST, and each of its
officers, directors and employees from and against any losses,
damages, claims, demands, suits, liabilities, fines, penalties
and expenses (including reasonable attorneys' fees) arising
out of or resulting from (a) any environmental hazard
Pac-West, its contractors or agents introduce to the work
location, or (b) the presence of release of any environmental
hazard for which Pac-West is responsible under applicable law.
7.3 In the event any suspect materials within U S WEST-owned,
operated or leased facilities are identified to be
asbestos-containing, Pac-West will ensure that to the extent
any activities which it undertakes in the facility disturb
such suspect materials, such Pac-West activities will be in
accordance with applicable local, state and federal
environmental and health and safety statutes and regulations.
Except for abatement activities undertaken by Pac-West or
equipment placement activities that result in the generation
of asbestos containing material, Pac-West shall not have any
responsibility for managing, nor be the owner of, not have any
liability for, or in connection with, any asbestos containing
material. U S WEST agrees to immediately notify Pac-West if U
S WEST undertakes any asbestos control or asbestos abatement
activities that potentially could affect Pac-West equipment or
operations, including, but not limited to, contamination of
equipment.
7.4 Each Party will be solely responsible, at its own expense, for
proper handling, storing, transport and disposal of all (a)
substances or materials that it or its contractors or agents
bring to, create or assume control over at work locations, or
(b) waste resulting therefrom or otherwise generated in
connection with its or its contractors' or agents' activities
at the work locations.
8. Branding
8.1 Where operator, call completion, or director assistance
service is part of the service or service package U S WEST
offers for resale, they should be provided upon request in an
unbranded status at no additional cost, unless U S WEST proves
to the Commission that it lacks the capability to comply
15
with the unbranding request. If U S WEST meets its burden of
proof, U S WEST is relieved of its duty to comply with the
request for unbranding(4)
8.2 When Pac-West requests branding as its own service or
unbranding of a service other than operator, call completion,
or directory assistance service, Pac-West shall pay for the
cost of that branding or unbranding, unless U S WEST proves to
the Commission that it lacks the capability to comply with the
unbranding request If U S WEST meets its burden of proof, U S
WEST is relieved of its duty to comply with the request for
branding or unbranding.(5)
8.3 For those services during the provision of which U S WEST
interacts with Pac-West Customers, and which services are the
subject matter of this Agreement, U S WEST shall, at
Pac-West's sole discretion, brand any and all -such services
at all points of subscriber contact exclusively as Pac-West
service, or otherwise as Pac-West may specify, or such service
shall be provided with no brand as Pac-West shall determine,
except as provided below with respect to uniforms and
vehicles. U S WEST may not unreasonably interfere with
branding by Pac-West.(6)
8.4 Branding includes front-end branding, back-end branding, and
unbranding to be determined by Pac-West Pac-West shall have
the option of providing its own branding materials.(7)
8.5 Pac-West shall provide the exclusive interface to Pac-West
subscribers except as Pac-West shall otherwise specify. U S
WEST shall inform Pac-West Customers that resold repair and
maintenance service is being provided on behalf of
Pac-West.(8)
8.6 Except as otherwise specifically provided herein, all forms,
business cards or other business materials furnished by U S
WEST to Pac-West subscribers shall be provided by Pac-West
unless otherwise agreed by Pac-West in its sole discretion, in
which case, any such subscriber materials shall be subject to
Pac-West's prior review and approval.(9)
8.7 U S WEST is not required to remove the U S WEST brand from
services offered by U S WEST to its Customers except as
otherwise required by this Agreement.(10)
8.8 U S WEST will not be required to rebrand uniforms and
vehicles.(11)
----------
4 Per Recommendations at paces 5-6, Issues 29-32.
5 Per Recommendations at page 6, Issues 29-32.
6 Per Recommendations at page 6, Issues 29-32.
7 Per Recommendations at page 6, Issues 29-32.
8 Per Recommendations at page 6, Issues 29-32.
9 Per Recommendations at page 6, Issues 29-32.
10 Per Recommendations at page 6, Issues 29-32.
11 Per Order at page 21, Issue 30.
16
8.9 U S WEST shall inform Pac-West customers that resold repair
and maintenance is being provided on behalf of Pac-West
Pac-West shall prepare the printed material that provides
information about Pac-West's service that U S WEST employees
leave with Pac-West customers in association with repair and
maintenance calls.(12)
8.10 U S WEST shall provide, for Pac-West's review, the methods and
procedures, training and approaches to be used by U S WEST to
assure that LI S WEST meets Pac-West's branding requirements.
8.11 This Section 8 shall confer on U S WEST no rights to the
service marks, trademarks and trade names owned by or used in
connection with services by Pac-West or its Affiliates, except
as expressly permitted by Pac-West.
8.12 At the request of Pac-West and where technically feasible, U S
WEST will rebrand operator services and directory assistance
and announcements in Pac-West's name.(13)
8.13 Until such time as the Commission determines final pricing
pursuant to its cost docket, Pac-West shall pay the actual
costs, if any, of branding or unbranding in accordance with
the Act or Commission orders.(14)
9. Independent Contractor Status
9.1 Nothing contained herein shall constitute the Parties as joint
venturers, partners, employees or agents of one another, and
neither Party shall have the right or power to bind or
obligate the other.
9.2 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 other payroll taxes with respect
to their respective employees, as well as any taxes,
contributions or other obligations imposed by applicable state
unemployment or workers' compensation acts and all other
regulations governing such matters. Each Party has sole
authority and responsibility to hire, fire and otherwise
control its employees.
9.3 Subject to the limitations on liability and except as
otherwise provided in this Agreement, each Party shall be
responsible for (a) 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
(b) the acts of its own Affiliates, employees, agents and
contractors during the performance of that Party's obligations
hereunder. Except for provisions herein expressly authorizing
one Party to act for the other, 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
----------
12 Per Order at page 21, Issue 30.
13 Per Order at page 21, Issue 30.
14 Per Recommendations at page 7, Issues 29-32.
17
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, neither Party shall undertake to perform any
obligation of the other Party, whether regulatory or
contractual, or to assume any responsibility for the
management of the other Parry s business.
10. Referenced Documents
10.1 All references to Sections, Exhibits, and Schedules shall be
deemed to be references to Sections of, and Exhibits and
Schedules to, this Agreement unless the context shall
otherwise require. Whenever any provision of this Agreement
refers to a technical reference, technical publication,
Pac-West practice, U S WEST 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 amendments,
supplements, addenda, or successors) or 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, Pac-West
practice, U S WEST practice, or publication of industry
standards, unless Pac-West elects otherwise.
11. Publicity and Advertising
11.1 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.
12. Executed in Counterparts
12.1 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.
13. Headings Not Controlling
13.1 The headings and numbering of Sections, Parts, Appendices and
Attachments in this Agreement are for convenience only and
shall not be construed to define or limit any of the terms
herein or affect the meaning or interpretation of this
Agreement.
14. Joint Work Product
14.1 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.
15. Survival
15.1 Any liabilities or obligations of a Party for acts or
omissions prior to the cancellation or termination of this
Agreement; any obligation of a Party under the provisions
regarding
18
indemnification, confidential information, limitation of
liability, and any other provisions of this Agreement which,
by their terms, are contemplated to survive, or to be
performed after, termination of this Agreement, shall survive
cancellation or termination thereof.
16. Effective Date
16.1 This Agreement shall become effective upon Commission approval
pursuant to Sections 251 and 252 of the Act.(15)
17. Amendment of Agreement
17.1 Except as otherwise provided in this Agreement, no amendment
or waiver of any provision of this Agreement, and no consent
to any default under this Agreement, shall be effective
-unless the same is in writing and signed by an officer of the
Party against whom such amendment, waiver or consent is
claimed. If either Party desires an amendment to this
Agreement during the term of this Agreement, it shall provide
written notice thereof to the other Party describing the
nature of the requested amendment. If the Parties are unable
to agree on the terms of the amendment within thirty (30) days
after the initial request therefor, the Party requesting the
amendment may invoke the dispute resolution process under
Section 27 of this Part A of this Agreement to determine the
terms of any amendment to this Agreement All amendments to
this Agreement will be submitted to the Commission.
18. Indemnification
18.1 Notwithstanding any limitations in remedies contained in this
Agreement, each Party (the "Indemnifying Party") will
indemnify and hold harmless the other Party ("Indemnified
Party") from and against any loss, cost, claim, liability,
damage and expense, including reasonable attorney's fees, to
third parties, relating to or arising out of the libel,
slander, invasion of privacy, misappropriation of a name or
likeness, actual or alleged infringement or other violation or
breach of any patent, copyright, trademark, service xxxx,
trade name, trade dress, trade secret or any other
intellectual property presently existing or later created.
negligence or willful misconduct by the Indemnifying Party,
its employees, agents, or contractors in the performance of
this Agreement or the failure of the Indemnifying Party to
perform its obligations under this Agreement. In addition, the
Indemnifying Party will, to the extent of its obligations to
indemnify hereunder, defend any action or suit brought by a
third party against the Indemnified Party.
18.2 The Indemnified Party will notify the Indemnifying Party
promptly in writing of any written claim, lawsuit, or demand
by third parties for which the Indemnified Party alleges that
the Indemnifying Party is responsible under this Section 18
and tender the defense of such claim, lawsuit or demand to the
Indemnifying Party. 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.
18.3 The Indemnified Party also will cooperate in every reasonable
manner with the defense or settlement of such claim, demand,
or lawsuit. The Indemnifying Party shall keep the Indemnified
Party reasonably and timely apprised of the status of the
claim, demand or lawsuit The Indemnified Party shall have the
right to retain its own counsel, including in
----------
15 Per Approval at page 14, paragraph 2. (This footnote is not applicable to
Pac-West)
19
house counsel, at its expense, and participate in but not
direct the defense; provided however, that if there are
reasonable defenses in addition to those asserted by the
Indemnifying Party, the Indemnified Party and its counsel may
raise and direct such defenses, which shall be at the expense
of the Indemnifying Party.
18.4 The Indemnifying Party will not be liable under this Section
18 for settlements or compromises by the Indemnified Party of
any claim, demand or lawsuit unless 'the Indemnifying Party
has approved the settlement or compromise in advance or unless
the defense of the claim, demand or lawsuit has been tendered
to the Indemnifying Party in writing and the Indemnifying
Party has failed to timely undertake the defense. 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.
19. Limitation of Liability(16)
19.1 Except as otherwise provided in the indemnity section, no
Party shall be liable to the other Party for any loss, defect
or equipment failure caused by the conduct of the other Party,
the other Party's agents, servants, contractors or others
acting in aid or concert with the other Party.
19.2 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.
19.3 In no event shall either Party have any liability whatsoever
to the other Party for any indirect, special, consequential,
incidental or punitive damages, including but not limited to
loss of anticipated profits or revenue or other economic loss
in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even
if the other Party has been advised of the possibility of such
damages; provided, that the foregoing shall not limit a
Party's obligation to indemnify, defend and hold the other
Party harmless against any amounts payable to a third party,
including any losses, costs, fines, penalties, criminal or
civil judgments or settlements, expenses (including attorneys'
fees) and Consequential Damages of such third party. Nothing
contained in this Section 19 shall limit either Party's
liability to the other for (i) willful or intentional
misconduct (including gross negligence); (ii) bodily injury,
death or damage to tangible real or tangible personal property
proximately caused by such party's negligent act or omission
or that of their respective agents, subcontractors or
employees nor shall anything contained in this section limit
the Parties' indemnification obligations, as specified above.
----------
(16) Per Recommendations at page 8, Issue 40. Modified per Approval at page 13,
paragraph C.
20
20. Term of Agreement
20.1 This Agreement shall become effective upon Commission approval
and shall terminate on July 24, 2000 and thereafter shall
continue in force and effect unless and until a new agreement,
addressing all of the terms of this Agreement, becomes
effective between the Parties. The Parties shall commence
negotiations on a new agreement no later than one (1) year
prior to the expiration of the term of this Agreement. Either
Party may request resolution of open issues in accordance with
the provisions of Section 27 of this Part A of this Agreement,
Dispute Resolution, beginning nine (9) months prior to the
expiration of this Agreement. Any disputes regarding the terms
and conditions of the new interconnection agreement shall be
resolved in accordance with Section 27 of this Agreement and
the resulting agreement shall be submitted to the Commission.
This Agreement shall remain in effect until a new
interconnection agreement approved by the Commission has
become effective.
21. Governing Law
21.1 This Agreement shall be governed by and construed in
accordance with the Act and FCC or Commission rules and
regulations, except insofar as state law may control any
aspect of this Agreement, in which case the domestic laws of
the State of Washington, without regard to its conflicts of
laws principles, shall govern.
22. Cancellation Charges
22.1 Except as provided pursuant to a Bona Fide Request, or as
otherwise provided in any applicable tariff or contract
referenced herein, no cancellation charges shall apply.
23. Regulatory Approvals
23.1 This Agreement, and any amendment or modification hereof, will
be submitted to the Commission for approval in accordance with
Section 252 of the Act. In the event any governmental
authority or agency rejects any provision hereof, the Parties
shall negotiate promptly and in good faith such revisions as
may reasonably be required to achieve approval.
23.2 U S WEST shall provide Pac-West a summary describing the
proposed change(s) to each Telecommunications Service which is
available pursuant to this Agreement. U S WEST shall also
provide Pac-West a summary describing the proposed change(s)
of each intrastate and interstate tariff which provides for an
Interconnection, unbundled Network Element or Ancillary
Service that is available pursuant to this Agreement. Such
summaries shall be available through an Internet Web page to
be posted on the Same day the proposed change is filed with
the Commission or the FCC or at least thirty (30) days in
advance of its effective date, whichever is earlier.
23.3 In the event any governmental authority or agency orders U S
WEST to provide any service covered by this Agreement in
accordance with any terms or conditions that individually
differ from one or more corresponding terms or conditions of
this Agreement, Pac-West may elect to amend this Agreement to
reflect any such differing terms or conditions contained in
such decision or order, with effect from the date Pac-West
makes such election. The other services covered by this
Agreement and not covered by such decision or order shall
remain unaffected and shall remain in full force and effect.
21
23.4 The Parties intend that any additional services requested by
either Party relating to the subject matter of this Agreement
will be incorporated into this Agreement by amendment.
24. Compliance
24.1 Each Party shall comply with all applicable federal, state,
and local laws, rules and regulations applicable to its
performance under this Agreement.
24.2 Each Party represents and warrants that any equipment,
facilities or services provided to the other Party under this
Agreement comply with the Communications Law Enforcement Act
of 1994 ("CALEA"). Each Party (the "Indemnifying Party") shall
indemnify and hold the other Party (the "Indemnified Party")
harmless from any and all penalties imposed upon the
Indemnified Party for such noncompliance and shall, at the
Indemnifying Party's sole cost and expense, modify or replace
any equipment facilities or services provided to the
Indemnified Party under this Agreement to ensure that such
equipment, facilities and services fully comply with CALEA.
24.3 All terms, conditions and operations under this Agreement
shall be performed in accordance with all applicable laws,
regulations and judicial or regulatory decisions of all duly
constituted governmental authorities with appropriate
jurisdiction, and this Agreement shall be implemented
consistent with the FCC Interconnection Order and any
applicable Commission orders. Each Party shall be responsible
for obtaining and keeping in effect all FCC, Commission,
franchise authority and other regulatory approvals that May be
required in connection with the performance of its obligations
under this Agreement. In the event the Act or FCC or
Commission rules and regulations applicable to this Agreement
are held invalid, this Agreement shall survive, and the
Parties shall promptly renegotiate any provisions of this
Agreement which, in the absence of such invalidated Act, rule
or regulation, are insufficiently clear to be effectuated,
violate, or are either required or not required by the new
rule or regulation. During these negotiations, each Party will
continue to provide the same services and elements to each
other as are provided for under this Agreement Provided,
however, that either Party shall give ten (10) Business Days'
notice if it intends to cease any development of any new
element or service that is not at that time being provided
pursuant to this Agreement In the event the Parties cannot
agree on an amendment within thirty (30) days from the date
any such rules, regulations or orders become effective, then
the Parties shall resolve their dispute, including liability
for noncompliance with the new clause or the cost, if any, of
performing activities no longer required by the rule or
regulation during the renegotiation of the new clause under
the applicable procedures set forth in Section 27 herein.
25. Force Majeure
25.1 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, embargoes, epidemics, terrorist acts,
dots, 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. No delay or other failure to perform
shall be excused pursuant to this Section 25 unless such delay
or failure and the consequences thereof are beyond the control
and without the fault or negligence of the Party claiming
excusable delay or other failure to perform. in the event of
any such excused delay in the performance of a Party's
22
obligation(s) under this Agreement, the due date for the
performance of the original obligation(s) shall be extended by
a term equal to the time lost by reason of the delay. In the
event of such delay, the delaying Party shall perform its
obligations at a performance level no less than that which it
uses for its own operations. In the event of a labor dispute
or strike. the Parties agree to provide service to each other
at a level equivalent to the level they provide themselves. In
the event of a labor dispute or strike or work stoppage that
continues for a period in excess of forty-eight (48) hours,
Pac-West may obtain replacement services for those services
affected by such labor dispute or strike or work stoppage, in
which event any liability of Pac-West for the affected
services shall be suspended for the period of the work
stoppage or labor dispute or strike. In the event of such
performance delay or failure by U S WEST, U S WEST agrees to
resume performance in a nondiscriminatory manner and not favor
its own provision of Telecommunications Services above that of
Pac-West.
26. Escalation Procedures
26.1 Pac-West and U S WEST agree to exchange escalation lists which
reflect contact personnel including vice president-level
officers. These lists shall include name, department, title,
phone number, and fax number for each person. Pac-West and U S
WEST agree to exchange up-to-date lists as reasonably
necessary.
27. Dispute Resolution
27.1 If any claim, controversy or dispute between the Parties,
their agents, employees, officers, directors or affiliated
agents ("Dispute") cannot be settled through negotiation, it
may 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 and
shall be noticed to the Commission. The arbitrator shall
determine which Party or Parties will bear the costs of
arbitration, including apportionment, if appropriate. The
arbitration shall occur in Seattle, Washington, unless
otherwise agreed to by the Parties, and the governing law
shall be in accordance with Section 21.1 above.
27.2 In the event Pac-West and U S WEST are unable to agree on
certain issues during the term of this Agreement, the Parties
may identify such issues for arbitration before the
Commission. Only those points identified by the Parties for
arbitration will be submitted.
27.3 If a Dispute is submitted to arbitration pursuant to Section
27.1 above, the procedures described in this Section 27.3
shall apply, notwithstanding the then current rules of the
AAA. Discovery shall be controlled by the arbitrator and shall
be permitted to the extent set forth below. Each Party may
submit in writing to a Party, and that Party shall so respond,
to an agreed amount of the following: interrogatories, demands
to produce documents, and requests for admission. Not less
than ten (10) days prior to the arbitration hearing, the
Parties shall exchange witness and exhibit lists. Deposition
discovery shall be controlled by the arbitrator. Additional
discovery may be permitted upon mutual agreement of the
Parties or the determination of the arbitrator. The
arbitration hearing shall be commenced within thirty (30) days
after a demand for arbitration by either Party and shall be
held in Seattle, Washington, unless otherwise agreed to by the
Parties. The arbitrator shall control the scheduling so as to
process the matter expeditiously. The Parties may submit
written briefs. The arbitrator shall rule on
23
the dispute by issuing a written opinion within seven (7) days
after the close of the hearings. The times specified in this
section may be extended upon mutual agreement of the Parties
or by the arbitrator upon a showing of good cause. The
decision of the arbitrator shall be final and binding upon the
Parties and judgment upon the award rendered by the
arbitrators may be entered in a court having jurisdiction. The
decision shall also be submitted to the Commission.
28. Nondisclosure
28.1 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 (a) furnished by one Party to the
other Party dealing with Customer specific, facility specific,
or usage specific information, other than Customer information
communicated for the purpose of publication of directory
database inclusion, or (b) in written, graphic,
electromagnetic, or other tangible form and marked at the time
of delivery as "Confidential" or "Proprietary", or (c)
declared orally or in writing to the Recipient at the time of
delivery, or by written notice given to the Recipient within
ten (10) days after delivery, to be "Confidential" or
"Proprietary" (collectively referred to as "Proprietary
Information"), shall remain the property of the Discloser. 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.
28.2 Upon request by the Discloser, the Recipient shall return all
tangible copies of Proprietary Information, whether written,
graphic or otherwise, except that the Recipients legal counsel
may retain one (1) copy for archival purposes.
28.3 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.
28.4 Unless otherwise agreed, the obligations of confidentiality
and non-use set forth in this Agreement do not apply to
Proprietary Information that:
28.4.1 was, at the time of receipt, already known to the
Recipient free of any obligation to keep it
confidential evidenced by written records prepared
prior to delivery by the Discloser
28.4.2 is or becomes publicly known through no wrongful act
of the Recipient;
28.4.3 is rightfully received from a third person having no
direct or indirect secrecy or confidentiality
obligation to the Discloser with respect to such
information;
28.4.4 is independently developed by an employee, agent, or
contractor of the Recipient which individual is not
involved in any manner with the provision of services
pursuant to this Agreement and does not have any
direct or indirect access to the Proprietary
Information;
28.4.5 is approved for release by written authorization of
the Discloser, or
24
28.4.6 is required by law, a court, or governmental agency,
provided that the Discloser has been notified of the
requirement promptly after the Recipient becomes
aware of the requirement, subject to the right of the
Discloser to seek a protective order as provided in
Section 28.5 below.
28.5 For a period of ten (10) years from receipt of Proprietary
Information, the Recipient shall (a) use it only for the
purpose of performing under this Agreement, (b) hold it in
confidence and disclose it only to employees, authorized
contractors and authorized agents who have a need to know it
in order to perform under this Agreement, and (c) safeguard it
from unauthorized use or disclosure using no less than the
degree of care with which the Recipient safeguards its own
Proprietary Information. Any authorized contractor or agent to
whom Proprietary Information is provided must have executed a
written agreement comparable in scope to the terms of this
Section. Notwithstanding the foregoing, each Party shall
provide advance notice of three (3) Business Days to the other
before providing Proprietary Information to a governmental
authority and the Parties shall cooperate with -each other in
attempting to obtain a suitable protective order. The
Recipient agrees to comply with any protective order that
covers the Proprietary Information to be disclosed.
28.6 Each Party agrees that the Discloser would be irreparably
injured by a breach of this Section 28 by the Recipient or its
representatives and that the Discloser shall be entitled to
seek equitable relief, including injunctive relief and
specific performance, in the event of any breach of this
Section 28. Such remedies shall not be exclusive but shall be
in addition to all other remedies available at law or in
equity.
28.7 Customer Proprietary Network Information ("CPNI") related to
either Party's subscribers obtained by virtue of Local
Interconnection or any other service provided under this
Agreement shall be the Discloser's Proprietary Information and
may not be used by the Recipient for any purpose except
performance of its obligations under this Agreement, and in
connection with such performance, shall be disclosed only to
employees, authorized contractors and authorized agents with a
need to know, unless the subscriber expressly directs the
Discloser to disclose such information to the Recipient
pursuant to the requirements of Section 222(c)(2) of the Act
If the Recipient seeks and obtains written approval to use or
disclose such CPNI from the Discloser, such approval shall be
obtained only in compliance with Section 222(c)(2) and, in the
event such authorization is obtained, the Recipient may use or
disclose only such information as the Discloser provides
pursuant to such authorization and may not use information
that the Recipient has otherwise obtained, directly or
indirectly, in connection with its performance under this
Agreement(17)
28.8 Except as otherwise expressly provided in this Section 28,
nothing herein shall be construed as limiting the rights of
either Party with respect to its subscriber information under
any applicable law, including, without limitation, Section 222
of the Act.
28.9 Effective Date Of This Section. Notwithstanding any other
provision of this Agreement, the Proprietary Information
provisions of this Agreement shall apply to all Proprietary
Information furnished by either Party with a claim of
confidentiality or proprietary nature at any time.
----------
(17) Per Order at pages 23-24, Issue 41.
25
29. Notices
29.1 Except as otherwise provided herein, all notices or other
communication hereunder shall be deemed to have been duly
given when made in writing and delivered in person or
deposited in the United States mail, certified mail, postage
prepaid, return receipt requested, or delivered by prepaid
overnight express mail, and addressed as follows:
To Pac-West: Pac-West Telecomm, Inc.
0000 Xxxxxxxx Xxxxxx
Xxxxxxxx, XX 00000
To U S WEST: U S WEST
Director-interconnection Compliance
1801 California, Room 2410
Xxxxxx, Xxxxxxxx 00000
Copy to: USWC Law Dept, General Counsel
0000 Xxxxxxxxxx Xxxxxx, Xxxx 0000
Xxxxxx, Xxxxxxxx 00000
29.2 If personal delivery is selected to give notice, a receipt of
such delivery shall be obtained. The address to which notices
or communications may be given to either Party may be changed
by written notice given by such Party to the other pursuant to
this Section 29.
30. Assignment
30.1 Neither Party may assign, transfer (whether by operation of
law or otherwise) or delegate this Agreement (or any rights or
obligations hereunder) to a third party without the prior
written consent of the other Party, which consent shall not be
unreasonably withheld, provided that each Party may assign
this Agreement to an Affiliate or an entity under its common
control or an entity acquiring ail 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 under the
provisions of this Section 30 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. No assignment or delegation
hereof shall relieve the assignor of its obligations under
this Agreement.
30.2 If any obligation of U S WEST under this Agreement is
performed by a subcontractor or Affiliate, U S WEST shall
remain fully responsible for the performance of this Agreement
in accordance with its terms and U S WEST shall be solely
responsible for payments due to its subcontractors.
30.3 If any obligation of Pac-West under this Agreement is
performed by a subcontractor or Affiliate, Pac-West shall
remain fully responsible for the performance of this Agreement
in accordance with its terms, and Pac-West shall be solely
responsible for payments due to its subcontractors.
26
31. Warranties
31.1 U S WEST shall conduct ail activities and interfaces which are
provided for under this Agreement with Pac-West Customers in a
carrier-neutral, nondiscriminatory manner.
31.2 U S WEST warrants that it has provided, and during the term of
this Agreement it will continue to provide, to Pac-West true
and complete copies of all material agreements effect between
U S WEST and any third party (including Affiliates) providing
any services to Pac-West on behalf of or under contract to U S
WEST in connection with U S WEST's performance of this
Agreement, or from whom U S WEST has obtained licenses or o
rights used by U S WEST to perform its obligations under this
Agreement, provided, however, that U S WEST may provide such
agreements under appropriate protective
32. Default
32.1 In the event of a breach of any material provision of this
Agreement by either Party, the non-breaching Party shall give
the breaching Party and the Commission written notice thereof,
and:
32.1.1 if such material breach is for non-payment of amounts
due hereunder pursuant to this Agreement, the
breaching Party shall cure such breach within thirty
(30) calendar days of receiving such notice. The
non-breaching Party shall be entitled to pursue all
available legal and equitable remedies for such
breach. Amounts disputed in good faith and withheld
or set off shall not be deemed "amounts due
hereunder" for the purpose of this provision.
32.1.2 if such material breach is for any failure to perform
in accordance with this Agreement, which, in the sole
judgment of the non-breaching Party, adversely
affects the non-breaching Party's subscribers, the
non-breaching Party shall give notice of the breach
and the breaching Party shall cure such breach to the
nonbreaching Party's reasonable satisfaction within
ten (10) Business Days or within a period of time
equivalent to the applicable interval required by
this Agreement whichever is shorter. If the breaching
Party does not cure such breach within the applicable
time period, the non-breaching Party may, at its sole
option, terminate this Agreement, or any parts
hereof. The non-breaching Party shall be entitled to
pursue all available legal and equitable remedies for
such breach. Notice under this Subsection 32.1.2 may
be given electronically or by facsimile, provided
that a hard copy or original of such notice is sent
by overnight delivery service.
32.1.3 if such material breach is for any other failure to
perform in accordance with this Agreement, the
breaching Party shall cure such breach to the
non-breaching Party's reasonable satisfaction within
forty-five (45) calendar days, and, if it does not,
the non-breaching Party may, at its sole option,
terminate this Agreement, or any parts hereof. The
non-breaching Party shall be entitled to pursue all
available legal and equitable remedies for such
breach.
32.2 Pac-West may terminate this Agreement in whole at any time
only for cause upon sixty (60) calendar days' prior written
notice. Pac-West's sole liability shall be payment of amounts
due for services provided or obligations assumed up to the
date of termination.
32.3 In the event of any termination under this Section 32, U S
WEST and Pac-West agree to cooperate to provide for an
uninterrupted transition of services to Pac-West or another
27
vendor designated by Pac-West to the extent that U S WEST has
the ability to provide such cooperation.
32.4 Notwithstanding any termination hereof, the Parties shall
continue to comply with their obligations under the Act.
33. Remedies
33.1 In the event U S WEST fails to switch a subscriber to Pac-West
service as provided in this Agreement, U S WEST shall
reimburse Pac-West in an amount equal to all fees paid by such
subscriber to U S WEST for such failed-to-be-transferred
services from the time of such failure to switch to the time
at which the subscriber switch is accomplished. This remedy
shall be in addition to all other remedies available to
Pac-West under this Agreement or otherwise available.
33.2 All rights of termination, cancellation or other remedies
prescribed in this Agreement, or otherwise available, are
cumulative and are not intended to be exclusive of other
remedies to which the injured Party may be entitled at law or
equity in case of any breach or threatened breach by the other
Party of any provision of this Agreement. Use of one or more
remedies shall not bar use of any other remedy for the purpose
of enforcing the provisions of this Agreement.
34. Waivers
34.1 No waiver of any provisions of this Agreement and no consent
to any default under this Agreement shall be effective unless
the same shall be in writing and properly executed by or on
behalf of the Party against whom such waiver or consent is
claimed.
34.2 No course of dealing or failure of either Party to strictly
enforce any term, right, or condition of this Agreement in any
instance shall be construed as a general waiver or
relinquishment of such term, right or condition.
34.3 Waiver by either Party of any default or breach by the other
Party shall not be deemed a waiver of any other default or
breach.
34.4 By entering into this Agreement, neither Party waives any
right granted to it pursuant to the Act.
35. No Third Party Beneficiaries
35.1 The provisions of this Agreement are for the benefit of the
Parties hereto and not for any other Person; provided,
however, that this shall not be construed to prevent Pac-West
from providing its Telecommunications Services to other
carriers. This Agreement shall not provide any Person not a
Party hereto with any remedy, claim, liability, reimbursement,
claim of action, or other right in excess of those existing
without reference hereto. 36.Physical Security
36.1 U S WEST shall exercise the same degree of care to prevent
harm or damage to Pac-West or its employees, agents or
subscribers, or property as U S WEST provides itself. Pac-West
shall exercise the same degree of care to ensure the security
of its equipment physically collocated within U S WEST's space
as Pac-West provides such security to itself.
28
36.1.1 U S WEST will restrict access to approved personnel
to U S WEST's buildings. Pac-West is responsible for
the action of its employees and other authorized
non-Pac-West personnel; U S WEST is responsible for
the action of its employees and other authorized
non-U S WEST personnel.
36.1.2 U S WEST will furnish to Pac-West the current name(s)
and telephone number(s) of those central office
supervisor(s) where a physical collocation
arrangement exists. The central office supervisor(s)
will be the only U S WEST employee(s) with access to
Pac-West collocation space.
36.1.3 U S WEST will comply at all times with U S WEST
security and safety procedures at the individual
central office locations where Pac-West has physical
collocation arrangements. The Parties will cooperate
to analyze security procedures of each company to
evaluate ways in which security procedures of US WEST
may be enhanced.
36.1.4 U S WEST will allow Pac-West to inspect or observe
its physical spaces which house or contain Pac-West
equipment or equipment enclosures at any time upon
completion of the physical collocation quotation.
Upon completion of the build out of the physical
space, U S WEST will furnish Pac-West with all keys,
entry codes, lock combinations, or other materials or
information which may be needed to gain entry via
direct access to Pac-West's physical space.
36.1.5 U S WEST agrees to logically partition any U S WEST
owned access device systems, whether biometric or
card reader, or types which are encoded identically
or mechanical coded locks on external and or internal
doors to spaces which house Pac-West equipment
36.1.6 U S WEST agrees to limit the keys used in its keying
systems for spaces which contain Pac-West equipment
to the U S WEST supervisor for the specific facility
to emergency access only. Pac-West shall further have
the right to change locks where deemed necessary for
the protection and security of its physical spaces
and will provide the U S WEST supervisor with the
current key.
36.1.8 U S WEST shall control unauthorized access from
passenger and freight elevators, elevator lobbies and
spaces which contain or house Pac-West equipment or
equipment space in the same manner as U S WEST
provides such control for itself.
36.1.9 U S WEST will provide notification to designated
Pac-West personnel to indicate an actual or attempted
security breach of Pac-West physical space in the
same time frame as U S WEST provides such
notification to itself.
37. Network Security
37.1 U S WEST shall provide an appropriate and sufficient back-up
and recovery plan to be used in the event of a system failure
or emergency.
37.2 U S WEST shall install controls to (a) disconnect a user for a
pre-determined period of inactivity on authorized ports; (b)
protect subscriber proprietary information; and (c) ensure
both ongoing operational and update integrity.
29
37.3 Each Party shall be responsible for the security arrangements
on its side of the network to the Point of Interconnection.
The Parties shall jointly cooperate to analyze network
security procedures and cooperate to ensure the systems,
access and devices are appropriately secured and compatible.
38. Revenue Protection
38.1 U S WEST shall make available to Pac-West all present and
future fraud prevention or revenue protection features that U
S WEST provides to itself or others. These features include,
but are not limited to, operator screening codes, call
blocking of domestic, international blocking for business and
residence, 000, XXX-000, and specific line numbers. U S WEST
shall additionally provide partitioned access to fraud
prevention, detection and control functionality within
pertinent Operations Support Systems ("OSS") which include,
but are not limited to, Line Information Data Base Fraud
monitoring systems.
38.2 Uncollectible or unbillable revenues resulting from, but not
confined to, provisioning, maintenance, or signal network
routing errors shall be the responsibility of the Party
causing such error.
38.3 Uncollectible or unbillable revenues resulting from the
accidental or malicious alteration of software underlying
Network Elements or their subtending operational support
systems by unauthorized third parties shall be the
responsibility of the Party having administrative control of
access to said Network Element or operational support system
software.
38.4 Each Party shall be responsible for any uncollectible or
unbillable revenues resulting from the unauthorized use of
facilities under its control or services it provides,
including clip-on fraud.
38.5 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
39. Law Enforcement Interface
39.1 U S WEST shall provide all necessary assistance to facilitate
the execution of wiretap or dialed number recorder orders from
law enforcement authorities.
40. Collocation
40.1 General Description
40.1.1 Collocation is the right of Pac-West to obtain
dedicated space in U S WEST Local Serving Office
(LSO) or other U S WEST locations, including, but not
limited to, U S WEST serving wire center and tandem
offices, as well as all buildings or similar
structures owned or leased by U S WEST, whether or
not an public rights-of-way, that house U S WEST
network facilities, including, but not limited to,
vaults containing loop concentrators or similar
structures, and the right to place equipment in such
spaces for the purposes of interconnection with U S
WEST's network or access to U S WEST's unbundled
Network Elements. Collocation also includes U S WEST
30
providing resources necessary for the operation and
economical use of collocated equipment.
40.1.2 Collocation is offered for network interconnection
between the Parties, Pac-West may cross connect to
other collocated parties via facilities provided by U
S WEST, provided that Pac-West's collocated equipment
is also used for interconnection with U S WEST or
access to U S WEST's unbundled Network Elements.
40.1.3 Pac-West is responsible for bringing its own or
leased facilities to the U S WEST designated Point of
Interface ("POI"). U S WEST will extend Pac-West s
facilities from the POI to the cable vault within the
wire center. If necessary, U S WEST may bring the
facilities into compliance with U S WEST internal
fire code standards and extend the facilities to the
collocated space.
40.1.4 Pac-West will be provided two (2) points of entry into
the U S WEST wire center only when there are at least
two (2) existing entry points for U S WEST cable and
when there are vacant entrance ducts in both.
40.1.5 Pac-West may collocate transmission equipment
(including Digital Cross Connect Systems and Remote
Switching Units (RSUs)) to terminate basic
transmission facilities, but Pac-West shall not use
physically collocated equipment to avoid payment of
access charges.(18) Pac-West must identify what
equipment will be installed, to allow for U S WEST to
use this information in engineering the power, floor
loading, heat release, environmental participant
level, and HVAC.
40.1.6 Pac-West may collocate the amount and type of
equipment it deems necessary in its collocated space
in accordance with FCC rules and regulations.(19) U S
WEST shall not restrict the types of equipment to be
installed except as U S WEST may demonstrate to the
Commission that a particular request is not practical
for technical or space reasons.(20)
40.1.7 Expanded Interconnection Channel Termination (EICT).
Telecommunications Interconnection between Pac-West's
collocated equipment and U S WEST's network may be
accomplished via an Expanded Interconnection Channel
Termination (EICT). This element can be at the XX-0,
XX-0, XX-0, or any other technically feasible level,
subject to network disclosure requirements of the FCC,
depending on the U S WEST service to which it is
connected. The terms and conditions of the tariff for
EICT are incorporated only to the extent that they are
agreed to by the Parties. Within ninety (90) days (or
other acceptable time agreed to by the Parties) of the
Effective Date of this Agreement, the Parties will
meet to review the tariff and seek resolution on
disagreed items.
40.1.8 Consistent with U S WEST's internal practice, within
ten (10) Business Days of Pac-West's request for any
space, U S WEST shall provide information available to
it regarding the environmental conditions of the space
provided for placement of equipment and
interconnection, including, but not limited to, the
existence and
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18 Per Order at paces 5-6, Issue 9(a) and per Approval at page 13, paragraph A.
19 Per Order at pages 5-6, Issue 9(a).
20 Per Order at page 7, Issue 10.
31
condition of asbestos, lead paint, hazardous substance
contamination, or radon. Information is considered
"available" under this Agreement if it is in U S
WEST's possession or files, or the possession of an
agent, contractor, employee. lessor, or tenant of U S
WEST's that holds such information on U S WEST's
behalf.
40.1.9 U S WEST shall allow Pac-West to perform any
environmental site investigations, including, but not
limited to, asbestos surveys, which Pac-West deems to
be necessary in support of its collocation needs.
Pac-West shall advise U S WEST in writing of its
intent to conduct such investigation, and shall
receive written approval from 6 S WEST to proceed.
Pac-West shall indemnify U S WEST according to Section
18 of this Part A of this Agreement for any loss or
claim for damage suffered by U S WEST as a result of
Pac-West's actions during any site inspection.
40.1.10 If the space provided for the placement of equipment,
Interconnection, or provision of service contains
environmental contamination or hazardous material,
particularly, but not limited to, asbestos, lead paint
or radon, which makes the placement of such equipment
or Interconnect:ion hazardous, U S WEST shall offer an
alternative space, if available, for Pac-West s
consideration.
40.2 Virtual Collocation
40.2.1 U S WEST shall provide virtual collocation for the
purpose of Interconnection or access to unbundled
Network Elements subject to the rates, terms and
conditions of this Agreement.
40.2.2 Upon mutual agreement Pac-West will have physical
access to the U S WEST wire center building pursuant
to a virtual collocation arrangement.
40.2.3 Pac-West will be responsible for obtaining and
providing to U S WEST administrative codes, e.g.,
common language codes, for all equipment specified by
Pac-West and installed in wire center buildings.
40.2.4 Pac-West will be responsible for payment of training
of U S WEST employees for the maintenance, operation
and installation of Pac-West's virtually collocated
equipment when that equipment is different than the
equipment used by U S WEST. Training conditions are
further described in Section 40.4.3 of this Part A of
this Agreement, Virtual Collocation Rate Elements.
40.2.5 Pac-West will be responsible for payment of reasonable
charges incurred as a result of agreed upon
maintenance and/or repair of Pac-West's virtually
collocated equipment
40-2.6 U S WEST does not guarantee the reliability of
Pac-West's virtually collocated equipment, but U S
WEST is responsible for proper installation,
maintenance and repair of such equipment including the
change out of electronic cards provided by Pac-West
40-2.7 Pac-West is responsible for ensuring the functionality
and interoperability of virtually collocated SONET
equipment provided by different manufacturers.
40-2.8 Pac-West, as xxxxxx, will transfer possession of
Pac-West's virtually collocated equipment to U S WEST,
as bailee, for the sole purpose of providing U S WEST
with the ability to install, maintain and repair
Pac-West's virtually collocated
32
equipment. Title to the Pac-West virtually collocated
equipment shall not pass to U S WEST.
40.2.9 Pac-West shall ensure that upon receipt by U S WEST of
Pac-West's virtually collocated equipment, Pac-West
will make available all access to ongoing technical
support to U S WEST, as available under the equipment
warranty or other terms and conditions, all at
Pac-West's expense. Pac-West shall advise the
manufacturer and seller of the virtually collocated
equipment that it will be installed, maintained and
repaired by U S WEST.
40.2.10 Pac-West's virtually collocated equipment must comply
with the Bellcore Network Equipment Building System
(NEBS) Generic Equipment Requirements TR-NWT-000063,
electromagnetic compatibility (EMC) per GR-1 089-CORE,
Company wire center environmental and transmission
standards and any statutory (local, state or federal)
and/or regulatory requirements, all of the foregoing
which may be in effect at the time of equipment
installation or which may subsequently become
effective. Pac-West shall provide U S WEST interface
specifications (e.g., electrical, functional, physical
and software) of Pac-West's virtually collocated
equipment.
40.2.11 Pac-West must specify all software options and
associated plug-ins for its virtually collocated
equipment.
40.2.12 Pac-West is responsible for purchasing and maintaining
a supply of spares. Upon failure of the Pac-West
virtually collocated equipment, Pac-West is
responsible for transportation and delivery of
maintenance spares to U S WEST at the wire center
housing the failed equipment.
40.2.13 Where Pac-West is virtually collocated in a premises
which was initially prepared for virtual collocation,
Pac-West may elect to retain its virtual collocation
in that premises and expand that virtual collocation
according to the rates, terms and conditions of this
Agreement.
40.3 Physical Collocation
40.3.1 U S WEST shall provide to Pac-West physical
collocation of equipment necessary for Interconnection
or for access to unbundled Network Elements, except
that U S WEST shall provide for virtual collocation
where space is available or expansion or rearrangement
is possible if U S WEST 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 Pac-West
shall pay a prorated amount for expansion of said
space. U S WEST shall provide such collocation for the
purpose of Interconnection or access to unbundled
Network Elements, except as otherwise mutually agreed
to in writing by the Parties or as required by the FCC
or the Commission subject to the rates, terms and
conditions of this Agreement.
40.3.1.1 U S WEST shall permit Pac-West to use vendors
for all required engineering and installation services
associated with its collocated equipment which are
being collocated by Pac-West pursuant to this
Agreement. Within one hundred and twenty (120) days
after the Effective Date of this Agreement, U S WEST
and Pac-West shall compose and agree on a list of
approved vendors and/or agree on minimum
qualifications for
33
such contractors consistent with industry standards,
such agreement not to be unreasonably withheld. In the
event such agreement cannot be reached and the dispute
resolution process outlined in Section 27 above has
not concluded on the issue of approved vendors, the
list of approved vendors maintained by U S WEST as of
the Effective Date of this Agreement shall be the
default list until the conclusion of the dispute
resolution process.(21)
40.3.2 Where Pac-West is virtually collocated in a premises
which was initially prepared for virtual collocation,
Pac-West may elect, unless it is not practical for
technical reasons or because of space limitations, to
convert its virtual collocation to physical
collocation at such premises in which case Pac-West
shall coordinate the construction and rearrangement
with U S WEST of its equipment (I DLC and
transmission) and circuits for which Pac-West shall
pay U S WEST at applicable rates, and pursuant to the
other terms and conditions in this Agreement. In
addition, all applicable physical collocation
recurring charges shall apply.
40.3.3 Pac-West will be allowed access to the POI on
non-discriminatory terms. Pac-West owns and is
responsible for the installation, maintenance and
repair of its equipment located within the space rented
from U S WEST.
40.3.4 Pac-West must use leased space as soon as reasonably
possible and may not warehouse space for later use or
sublease to another provider. Physical collocation is
offered on a space-available, first-come, first-served
basis.
40.3.5 The minimum standard leasable amount of floor space is
one hundred (100) square feet Pac-West must efficiently
use the leased space and no more than fifty percent
(50%) of the floor space may be used for storage
cabinets and work surfaces. Pac-West and U S WEST may
negotiate other storage arrangements on a case-by-case
basis. Pac-West may store spares within its collocated
space.(22)
40.3.6 Pac-West's leased floor space will be separated from
other competitive providers and U S WEST space through
cages or hard walls. Pac-West may elect to have U S
WEST construct the cage, or choose from U S WEST
approved contractors to construct the cage, meeting U S
WEST's installation Technical Publication 77350. Any
deviation to Pac-West's request must be approved.
40.3.7 The following standard features will be provided by U S
WEST:
(a) Heating, ventilation and air conditioning.
(b) Smoke/fire detection and any other building
code requirement.
40.3.8 U S WEST Responsibilities
(a) Design the floor space within each location
which will constitute Pac-West's leased space.
----------
21 Per Order at page 6, Issue 9(c).
22 Per Order, at page 8, Issue 10(a).
34
(b) Ensure that the necessary construction work is
performed on a timely basis to build
Pac-West's leased physical space and the riser
from the vault to the leased physical space.
(c) Develop a quotation specific to Pac-West's
request.
(d) Extend U S WEST-provided and owned fiber
optic, copper or coaxial(23) cable, whichever
is most efficient, from the POI through the
cable Vault and extend the cable to Pac-West's
leased physical space or place the cable in
fire retardant tubing prior to extension to
Pac-West's leased physical space.
(e) Installation and maintenance and all related
activity necessary to provide Channel
Termination between U S WEST's and Pac-West's
equipment.
(f) Work cooperatively with Pac-West in matters of
joint testing and maintenance.
40.3.9 Pac-West Responsibilities
(a) Determine the type of enclosure for the
physical space.
(b) Procure, install and maintain fiber optic,
copper or coaxial(24) 124 facilities up to the
U S WEST designated POI.
(c) Provide for installation, maintenance, repair
and service of all Pac-West's equipment
located in the leased physical space.
(d) Ensure that all equipment installed by
Pac-West complies with Bellcore Network
Equipment Building System Generic Equipment
requirements, U S WEST environmental and
transmission standards, and any statutory
(local, state or federal) or regulatory
requirements in effect at the time of
equipment installation or that subsequently
become effective.
40.3.10 The installation of any Interconnection service will
be coordinated between the Parties so that Pac-West
may utilize those services once Pac-West has accepted
its leased physical space.
40.3.11 If, at any time, U S WEST reasonably determines that
the equipment or the installation does not meet
standard industry requirements, such failure being due
to actions of Pac-West or its agents, Pac-West will be
responsible for the costs associated with the removal,
modification to, or installation of the equipment to
bring it into compliance. If Pac-West fails to correct
any non-compliance within thirty (30) calendar days or
as soon as reasonably practical after the receipt of
written notice of non-compliance, U S WEST may have
the equipment removed or the condition corrected at
Pac-West's expense.
40.3.12 If, during installation, U S WEST reasonably
determines that Pac-West activities or equipment are
unsafe, non-industry standard or in violation of any
applicable laws
----------
23 Per Order at page 8, Issue 1 0(a).
24 Per Order at page 8, Issue 1 0(a).
35
or regulations, U S WEST has the right to stop work
until the situation is remedied. If such conditions
pose an immediate threat to the safety of personnel.
interfere with the performance of U S WEST's service
obligations, or pose an immediate threat to the
physical integrity of the conduit system or the cable
facilities, U S WEST may perform such work and/or take
action as is necessary to correct the condition at
Pac-West's expense.
40.3.13 U S WEST shall provide basic telephone service with a
connection xxxx as requested by Pac-West from U S WEST
for the collocated space. Upon Pac-West's request and
following the normal provisioning process, this service
shall be available at the Pac-West collocated space on
the day the space is turned over to Pac-West by U S
WEST.
40.3.14 Where available, U S WEST shall provide access to
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 Pac-West,
personnel and its designated agents.
40.3.15 U S WEST shall provide Pac-West with written notice
five (5) Business Days prior to those instances where U
S WEST or its subcontractors may be performing work
that could reasonably potentially affect Pac-West's
service. U S WEST will make reasonable efforts to
inform Pac-West by telephone of any emergency related
activity prior to the start of the activity that U S
WEST or its subcontractors may be performing that could
reasonably potentially affect Pac-West's service, so
that Pac-West can take any action required to monitor
or protect its service.
40.3.16 U S WEST shall provide information regarding the
location, type, and cable termination requirements
(i.e., connector type, number and type of pairs, and
naming convention) for U S WEST point of termination to
Pac-West within five (5) Business Days of Pac-West's
acceptance of U S WEST's quote for collocated space.
40.3.17 U S WEST shall provide the dimensions for Pac-West
outside plant fiber ingress and egress into Pac-West
collocated space within five (5) Business Days of
Pac-West's acceptance of U S WEST's quote for
collocated space.
40.3.18 U S WEST shall provide the sizes and number of power
feeders for the collocated space to Pac-West within ten
(10) Business Days of Pac-West's acceptance of U S
WEST's quote for collocated space.
40.3.19 U S WEST shall provide positive confirmation to
Pac-West when construction of Pac-West collocated space
is fifty percent (50%) completed. This confirmation
shall also include confirmation of the scheduled
completion and turnover dates.
40.3.20 Pac-West shall be compensated by U S WEST in accordance
for any delays in the negotiated completion and
turnover dates which create expenditures or delays for
Pac-West.(25)
40.3.21 With the exception of Subparagraph (b) below, U S WEST
shall provide the following information to Pac-West
within five (5) Business Days or as reasonably
necessary upon receipt of a written request from
Pac-West:
----------
25 Per Order at page 8, Issue 1 0(a).
36
(a) additional work restriction guidelines.
(b) U S WEST or industry technical publication guidelines
that impact the design of U S WEST collocated equipment,
unless such documents are already in the possession of
Pac-West. The following U S WEST Technical Publications
provide information regarding central office equipment
and collocation guidelines:
77350 Central Office Telecommunications Equipment
Installation and Removal Guidelines
77351 Central Office Telecommunications Equipment
Engineering Standards
77355 Grounding - Central Office and Remote
Equipment Environment
77386 Expanded Interconnection and Collocation
for Private Line Transport and Switched
Access Services
Pac-West may obtain the above documents from:
Xxxxxx Office Products Company
0000 Xxxxxx Xx., Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
(000) 000-0000
(c) appropriate U S WEST contacts (names and telephone
numbers) for the following areas:
Engineering
Physical & Logical Security
Provisioning
Billing
Operations
Site and Building Managers
Environmental and Safety
(d) escalation process for the U S WEST employees (names,
telephone numbers and the escalation order) for any
disputes or problems that might arise pursuant to
Pac-West's collocation.
40.3.22 Power as referenced in this Agreement refers to any electrical
power source supplied by U S WEST for Pac-West equipment. U S WEST
will supply power to support Pac-West equipment at equipment
specific DC and AC voltages. At a minimum, U S WEST shall supply
power to Pac-West at parity with that provided by U S WEST to
itself. If U S WEST performance, availability or restoration falls
Is below industry standards, U S WEST shall bring itself into
compliance with such industry standards as soon as technologically
feasible.
(a) Central office power supplied by U S WEST into the
Pac-West equipment area, shall be supplied in the form of
power feeders (cables) on cable racking into the
designated Pac-West equipment area. The power feeders
(cables) shall efficiently and economically support the
requested quantity and capacity of Pac-West equipment.
The termination location shall be mutually agreed upon by
the Parties.
37
(b) U S WEST power equipment supporting
Pac-West's equipment shall:
i. comply with applicable industry
standards (e.g., Bellcore. NEBS,
IEEE, UL, and NEC) or
manufacturer's equipment power
requirement specifications for
equipment installation, cabling
practices, and physical equipment
layout:
ii. have redundant power feeds with
physical diversity and battery
back-up as required by the
equipment manufacturer's
specifications for Pac-West
equipment, or, at minimum, at panty
with that provided for similar U S
WEST equipment at that location;
iii. provide central office ground,
connected to a ground electrode
located within the Pac-West
collocated space, at a level above
the top of Pac-West equipment plus
or minus two (2) feet to the left
or right of Pac-West's final
request;
iv. provide an installation sequence
and access that will allow
installation efforts in parallel
without jeopardizing personnel
safety or existing services of
either Party;
v. provide cabling that adheres to
Xxxx Communication Research
(Bellcore) Network
Equipment-Building System (NEBS)
standards TR-EOP-000063;
vi. provide Lock Out-Tag Out and other
electrical safety procedures and
devices in conformance with the
most stringent of OSHA or industry
guidelines; and
vii. ensure that installed equipment
meets Bellcore specifications.
40.4 Collocation Rate Elements
40.4.1 Common Rate Elements
The following rate elements are common to both
virtual and physical collocation:
(a) Quote Preparation Fee. This covers the work
involved in developing a quotation for
Pac-West for the total costs involved in its
collocation request
(b) Entrance Facility. Provides for fiber optic
cable on a per two (2) fiber increment basis
from the point of interconnection utilizing
U S WEST owned, conventional single mode
type of fiber optic cable to the collocated
equipment (for virtual collocation) or to
the leased space (for physical collocation).
Entrance facility includes riser, fiber
placement, entrance closure,
conduit/innerduct, and core drilling.
(c) Cable Splicing. Represents the labor and
equipment to perform a subsequent splice to
the Pac-West provided fiber optic cable
after the initial installation splice.
Includes a per-setup and a per-fiber-spliced
rate elements.
(d) 48 Volt Power. Provides 48 volt power to the
Pac-West collocated equipment. Charged on a
per ampere basis.
38
(e) 48 Volt Power Cable. 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 collocation) or to the
collocated equipment (for virtual
collocation).
(f) Inspector Labor. Provides for the U S WEST
qualified personnel necessary when Pac-West
requires access to the POI after the initial
installation or access to its physical
collocation floor space, where an escort is
required. A call-out of an inspector after
business hours is subject to a minimum
charge of four (4) hours. Maintenance Labor,
Inspector Labor, Engineering Labor and
Equipment Labor business hours are
considered to be Monday through Friday, 8:00
am to 5:00 pm and after business hours are
after 5:00 pm and before 8:00 am, Monday
through Friday, all day Saturday, Sunday and
holidays.
(g) Expanded Interconnection Channel
Regeneration. Required when the distance
from the leased physical space (for physical
collocation) or from the collocated
equipment (for virtual collocation) to the U
S WEST network is of sufficient length to
require regeneration.
(h) U S WEST will provide external
synchronization when available.
(i) U S WEST will provide 20 hertz ringing
supply when available.
40.4.2 Physical Collocation Rate Elements
The following rate elements apply only to physical
collocation arrangements:
(a) Enclosure Buildout. The Enclosure Buildout
element, either cage or hardwall, includes
the material and labor to construct the
enclosure specified by Pac-West or Pac-West
may choose from U S WEST-approved
contractors to construct the cage, meeting
U S WEST's installation Technical
Publication 77350. It includes the enclosure
(cage or hardwall), air conditioning (to
support Pac-West loads specified), lighting
(not to exceed 2 xxxxx per square foot), and
convenience outlets (3 per cage or the
number required by building code for the
hardwall enclosure). It also provides for
humidification, if required. Pricing for
Enclosure Buildout will be provided on an
individual case basis ("ICB") due to the
uniqueness of Pac-West's requirements,
central office structure and arrangements.
(b) Floor Space Rental. This element provides
for the rental of the floor space provided
to Pac-West pursuant to physical collocation
arrangement.
40.4.3 Virtual Collocation Rate Elements
The following rate elements apply only to virtual
collocation arrangements:
(a) Maintenance Labor. Provides for the labor
necessary for repair of out of service
and/or service-affecting conditions and
preventative maintenance of the Pac-West
virtually collocated equipment. Pac-West is
responsible for
39
ordering maintenance spares. U S WEST will perform
maintenance and/or repair work upon receipt of the
replacement maintenance spare and/or equipment for
Pac-West. A call-out of a maintenance technician
after business hours is subject to a minimum charge
of four (4) hours. Maintenance Labor, Inspector
Labor, Engineering Labor and Equipment Labor
business hours are considered to be Monday through
Friday, 8:00 am to 5:00 pm and after business hours
are after 5:00 pm and before 8:00 am, Monday through
Friday, all day Saturday, Sunday and holidays.
(b) Training Labor. Provides for the billing of
vendor-provided training for U S WEST personnel on a
metropolitan service area basis, necessary for
Pac-West virtually collocated equipment which is
different from equipment used by U S WEST. U S WEST
will require three (3) U S WEST employees to be
trained per metropolitan service area in which the
Pac-West virtually collocated equipment is located.
If, by an act of U S WEST, trained employees are
relocated, retired, or are no longer available, U S
WEST will not require Pac-West to provide training
for additional U S WEST employees for the same
virtually collocated equipment in the same
metropolitan area. Fifty percent (50%) of the amount
of training billed to Pac-West will be refunded to
Pac-West, should a second collocator or U S WEST in
the same metropolitan area select the same virtually
collocated equipment as Pac-West. The second
collocator or U S WEST will be charged one half of
the original amount paid by Pac-West for the same
metropolitan area.
(c) Equipment Bay. Provides mounting space for the
Pac-West virtually collocated equipment. Each bay
includes the seven (7) foot bay, its installation,
and 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.
(d) Engineering Labor. Provides the planning and
engineering of the Pac-West virtually collocated
equipment at the time of installation, change or
removal.
(e) Installation Labor. Provides for the installation,
change or removal of the Pac-West virtually
collocated equipment.
40.5 Collocation Installation Intervals
40.5.1 U S WEST shall have a period of thirty (30) calendar days
after receipt by Pac-West of a Request for Collocation to
provide Pac-West with a written quotation containing all
nonrecurring charges and fees for the requested collocation
(the "Quotation Preparation Period"). Pac-West shall make
payment of fifty percent (50%) of the nonrecurring charges and
fees upon acceptance of the quotation ("Initial Payment!')
with the remainder due upon completion of the construction. In
the event Pac-West disputes the amount of U S WEST's proposed
nonrecurring charges and fees, Pac-West shall deposit fifty
percent (50%) of the nonrecurring charges and fees into an
interest bearing escrow account prior to the commencement of
construction ("Initial Deposit"). The remainder of the
nonrecurring charges and fees shall be deposited into the
escrow account upon
40
completion of the construction. Upon resolution of the
dispute, the escrow agent shall distribute amounts in the
account in accordance with the resolution of such dispute and
any interest that has accrued with respect to amounts in the
account shall be distributed proportionately to the Parties. U
S WEST shall complete installation pursuant to the Pac-West
Request for Collocation within a maximum of three (3) months
after the Initial Payment or Initial Deposit for physical or
virtual collocation. If there is a dispute between U S WEST
and Pac-West regarding the amount of any nonrecurring charges
and fees, such dispute shall be resolved in accordance with
Section 27 above. The pendency of any such dispute shall not
affect the obligation of U S WEST to complete collocation
within the installation intervals described above.(26)
41. Technical References - Collocation
Subject to Sections 1.3.1 and 1.3.2 of this Part A of this Agreement,
U S WEST shall provide collocation in accordance with the following
standards:
41.1 Institute of Electrical and Electronics Engineers (IEEE)
Standard 383, IEEE Standard for Type Test of Class 1 E
Electric Cables, Field Splices, and Connections for Nuclear
Power Generating Stations;
41.2 National Electrical Code (NEC), use most recent issue;
41.3 TA-NPL-000286, NESS Generic Engineering Requirements for
System Assembly and Cable Distribution, Issue 2 (Bellcore,
January 1989);
41.4 XX-XXX-000000 Xxxxxxx Equipment-Building System (NESS) Generic
Equipment Requirements, Issue 3, March 1988;
41.5 XX-XXX-000000, Xxxxxxx Requirements for 24-, 48-, 130-, and
140- Volt Central Office Power Plant Rectifiers, Issue 1
(Bellcore, May 1985);
41.6 XX-XXX-000000, Xxxxxxx Requirements for Lead-Acid Storage
Batteries, Issue 1 (Bellcore, June 1985);
41.7 TR-NWT-0001 54, Generic Requirements for 24-, 48-, 130, and
140- Volt Central Office Power Plant Control and Distribution
Equipment Issue 2 (Bellcore, January 1992);
41.8 TR-NWT-000295, Isolated Ground Planes: Definition and
Application to Telephone Central Offices, Issue 2 (Bellcore,
July 1992);
41.9 TR-NWT-000840, Supplier Support Generic Requirements (SSGR),
(A Module of LSSGR, FR-NWT-000064), Issue 1 (Bellcore,
December 1991);
41.10 TR-NWT-001275 Central Office Environment Installations/Removal
Generic Requirements, Issue 1, January 1993; and
41.11 Underwriters' Laboratories Standard, U L 94.
----------
26 Per Order at page 9, Issue 12.
41
42. Number Portability
42.1 Interim Number Portability (INP)
42.1.1 General Terms
(a) The Parties shall provide Interim Number Portability
("INP") on a reciprocal basis to the extent
technically feasible.
(b) Until permanent number portability is implemented by
the industry pursuant to regulations issued by the FCC
or the Commission, the Parties agree to provide INP to
each other through Remote Call Forwarding, Direct,
Inward Dialing, or other appropriate means as agreed
to by the Parties.
(c) 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 with sufficient time to allow for
coordination to allow the seamless and transparent
conversion of INP Customer 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. The Parties agree to expeditiously
convert Customers from INP to permanent number
portability, provided that the interim service is not
removed until the Customer has been converted.
(d) U S WEST will update and maintain its Line Information
Database ("LIDB") listings for numbers retained by
Pac-West and its Customer, and restrict or cancel
calling cards associated with these forwarded numbers
as directed by Pac-West Further, U S WEST will not
block third party and collect calls to those numbers
unless requested by Pac-West
(e) The ordering Party shall specify, on a per telephone
number basis, which method of INP is to be employed
and the providing Party shall provide such method to
the extent technically feasible.
(f) Where either Party has activated an entire NXX, or
activated a substantial portion of an NXX with the
remaining numbers in that NXX either reserved for
future use or otherwise unused, if these Customer(s)
choose 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.
42.1.2 Description Of Service
(a) Interim Number Portability Service ("INP") is a
service arrangement that can be provided by U S WEST
to Pac-West or by Pac-West to U S WEST.
(b) INP applies to those situations where an end-user
Customer elects to change service providers, and such
Customer also wishes to retain its
42
existing or reserved telephone number(s). INP consists
of providing the capability to route calls placed to
telephone numbers assigned to one Party's switches to
another Party's switches.
(c) INP is available as INP-Remote Call Forwarding
("INP-RCF') permitting a call to a U S WEST assigned
telephone number to be translated to Pac-West's
dialable local number. Pac-West may terminate the call
as desired. Additional capacity for simultaneous call
forwarding is available where technically feasible on
a per path basis. Pac-West will need to specify the
number of simultaneous calls to be forwarded for each
number ported.
(d) DID is another INP method that makes use of direct
inward dialing trunks. Each DID trunk group used for
INP is dedicated to carrying DID INP traffic between
the U S WEST end office and the Pac-West switch.
Traffic on these trunks cannot overflow to other
trunks, so the number of trunks shall be
conservatively engineered by U S WEST. Also,
inter-switch signaling is usually limited to
multi-frequency (MF). This precludes passing Calling
Line ID to the Pac-West switch.
(e) RI-PH will route a dialed call to the U S WEST switch
associated with the NXX of the dialed number. The U S
WEST switch shall then insert a prefix onto the dialed
number which identifies how the call is to be routed
to Pac-West. The prefixed dialed number is
transmitted to the U S WEST tandem switch to which
Pac-West is connected. Route indexing is only
available with seven (7) digit local dialing.
(f) The prefix is removed by the operation of the tandem
switch and the dialed number is routed to Pac-West' s
switch so the routing of the call can be completed by
Pac-West
i. DN-RI is a form of RI-PH that requires direct
trunking between the U S WEST switch to which
the ported number was originally assigned and
the Pac-West switch to which the number has
been ported. The U S WEST switch shall send
the originally dialed number to the Pac-West
switch without a prefix.
ii. U S WEST shall provide RI-PH or DN-RI on an
individual telephone number basis, as
designated by Pac-West Where technically
feasible, calls to ported numbers are first
directed to the Pac-West switch over direct
trunks but may overflow to tandem trunks if
all trunks in the direct group are occupied.
iii. For both RI-PH and DN-RI the trunks used may,
at Pac-West' s option, be the same as those
used for exchange of other local traffic with
U S WEST. At Pac-West' s option, the trunks
shall employ SS7 or in band signaling and may
be one way or two way.
(g) INP is subject to the following restrictions:
i. An INP telephone number may be assigned by
Pac-West only to Pac-West's Customers located
within U S WEST's local calling area and toll
rating area that is associated with the NXX
of the ported number. This is to prevent the
possibility of Customers using number
portability to extend the local calling area.
43
ii. INP is applicable only if Pac-West is engaged
in a reciprocal traffic exchange arrangement
with U S WEST.
iii. INP is not offered for NXX Codes 555, 976,
960 and 1+ sent-paid 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 only
be used consistent with network efficiency
and integrity i.e., inhibitions on mass
calling events.
iv. The ported telephone number will be returned
to the switch which originally had the ported
number when the ported service is
disconnected. The normal intercept
announcement will be provided by the porting
company for the period of time until the
telephone number is reassigned.
v. Within thirty (30) days after the Effective
Date of this Agreement, U S WEST shall
provide Pac-West a list of those features
that are not available for INP telephone
numbers due to technical limitations.
42.1.3 Ordering and Maintenance
(a) Pac-West is responsible for all direct
interactions with Pac-West's end users with
respect to ordering and maintenance.
(b) U S WEST shall exchange with Pac-West SS7 TCAP
messages as required for the implementation of
Custom Local Area Signaling Services (CLASS) or
other features available in the U S WEST network.
(c) Each Party's designated INP switch must return
answer and disconnect supervision to the other
Party's switch.
(d) U S WEST shall disclose to Pac-West any technical
or capacity limitations that would prevent use of
a requested INP in a particular switching office.
(e) The Parties will develop and implement an
efficient deployment process to ensure call
routing integrity for toll and local calls, with
the objective to eliminate Customer downtime.
(f) For INP, Pac-West shall have the right to use the
existing U S WEST 911 infrastructure for all 911
capabilities. When RCF is used for Pac-West
subscribers, both the ported numbers and shadow
numbers shall be stored in the ALI databases.
Pac-West shall have the right to verify the
accuracy of the information in the ALI databases
via direct connection to the SCC ALI database
pursuant to the same process and procedures SCC
makes available to U S WEST.
42.2 Permanent Number Portability (PNP)
42.2.1 Upon implementation of Permanent Number Portability (PNP)
pursuant to FCC regulations, both Parties agree to conform
and provide such Permanent Number
44
Portability. To the extent consistent with the FCC rules as amended
from time to time, the requirements for PNP shall include the
following:
42.2.2 Subscribers must be able to change local service providers and retain
the same telephone number(s) consistent with FCC rules and regulations.
42.2.3 The PNP network architecture shall not subject alternate local exchange
carriers to any degradation of service compared to U S WEST in any
relevant measure, including transmission quality, switching and
transport costs, increased call set-up time and post-dial delay, and
Pac-West shall not be required to rely on the U S WEST network for
calls completing to its ported Customers.
42.2.4 When an office is equipped with PNP, in accordance with the procedures
specified by the North American Numbering Council, the NXXs in the
office shall be defined as portable and translations will be changed in
the Parties' switches to open those NXXs for database queries.
42.2.5 When an NXX is defined as portable, it shall also be defined as
portable in all PNP-capable offices which have direct trunks to the
given switch.
42.2.6. Upon introduction of PNP in a Metropolitan Statistical Area ("MSA"),
the applicable switches will be converted according to a published
schedule with no unreasonable delay. All portable NXXs shall be
recognized as portable, with queries launched from these switches.
42.2.7 Prior to implementation of PNP, the Parties agree to develop,
implement, and maintain efficient methods to maintain 911 database
integrity when a subscriber ports to another service provider. The
Parties agree that the Customer should not be dropped from the 911
database during the transition.
42.2.8 When a subscriber ports to another service provider and has previously
secured a reservation of line numbers from the donor provider for
possible activation at some future point, these reserved but inactive
numbers shall "port' along with the active numbers being ported by the
subscriber. So long as Pac-West maintains the reserved numbers, U S
WEST shall not reassign said numbers. The Parties will allocate the
revenue generated from number reservations in accordance with a
schedule to be mutually agreed upon by the Parties within ninety (90)
days of the Effective Date of this Agreement.
42.2.9 During the process of porting a subscriber, the donor service provider
shall implement the 1 O-Digit trigger feature, when the technology is
made available in each switch in accordance with the schedules adopted
by the FCC. When the donor provider receives the porting request, the
unconditional trigger shall be applied to the subscriber's line at the
time that has been agreed to via the Western Region LNP Operations
Guidelines in order to overcome donor network time delays in the
disconnection of the subscriber. Alternatively, when an activation
notice is sent to an NPAC to trigger a broadcast to service provider
databases, the donor switch shall have its translations changed to
disconnect the subscriber's line within thirty (30) minutes or less
after the donor network Local SMS's has received the broadcast Porting
requests that require coordination between service providers, in
accordance with the guidelines, will be handled on a case-by-case basis
and will not be covered by the above.
45
42.2.10 Both Pac-West and U S WEST shall:
(a) support all emergency and operator services.
(b) use scarce numbering resources efficiently
and administer such resources in a
competitively neutral manner.
(c) jointly cooperate with each other to provide
the information necessary to rate and xxxx
all types of calls.
(d) jointly cooperate with each other to apply
PNP consistently on a nationwide basis, and
in accordance with all FCC directives.
42.2.11 A ten-digit code, consistent with the North American
Numbering Plan, shall be used as a network address
for each switch that terminates subscriber lines,
i.e., an end office. This address shall support
existing six-digit routing and may be implemented
without changes to existing switch routing
algorithms. In existing end offices, this address
shall be selected from one of its existing NPA-NXXs.
New end offices shall be assigned an address through
normal administrative processes.
42.2.12 PNP employs an "N-1" (N minus 1) Query Strategy for
interLATA or intraLATA toll calls, by which the
originating carrier will pass the call to the
appropriate toll carrier who will perform a query to
an external routing database and efficiently route
the call to the appropriate terminating local carrier
either directly or through an access tandem office.
42.2.13 U S WEST shall furnish Pac-West with the first six
(6) digits of the originating address when it
supplies Pac-West with the Jurisdiction Information
Parameter for the originating address message.
42.2.14 U S WEST agrees to begin the introduction of PNP to
end user subscribers who may begin changing local
service providers and retaining their existing
telephone number based on the time line set out by
the FCC in its Telephone Number Portability Order (CC
Docket No. 95-116), or in accordance with a
Commission order if such time for introduction of PNP
set by the Commission is earlier than would result
under the FCC Order.
42.2.15 The generic requirements for the PNP alternative will
be implemented in accordance with industry-standard
specifications.
42.2.16 For a local call to a ported number, the originating
carrier is the "N-1" carrier. It will perform an
external database query as soon as the call reaches
the first PNP-capable switch in the call path and
pass the call to the appropriate terminating carrier.
A PNP-capable originating switch shall query on a
local call to a portable NXX as soon as it determines
that it (the originating switch) does not serve the
dialed number.
42.2.17 U S WEST shall be the default carrier for database
queries where Pac-West is unable to perform its own
query due to abnormal conditions. Pac-West shall be
the default carrier for database queries where U S
WEST is unable to perform its own query due to
abnormal conditions.
42.2-18 U S WEST will provide Pac-West PNP for subscribers
moving to a different location, or staying at the
same location, within the same rate center area.
46
42-2.19 U S WEST will work cooperatively with other local
service providers to establish the Western Region
Number Portability Administration Center / Service
Management System (SMS). The SMS shall be
administered by a neutral third party to provide for
the efficient porting of numbers between carriers.
There must be one (1) exclusive NPAC per portability
State or region, and U S WEST shall provide all
information uploads and downloads regarding ported
numbers to/from, respectively, the exclusive NPAC.
U S WEST and Pac-West shall cooperate to facilitate
the expeditious deployment of PNP through the process
prescribed by the FCC, including, but not limited to,
participation in the selection of a neutral third
party and development of SMS, as well as SMS testing
for effective procedures, electronic system
interfaces, and overall readiness for use consistent
with that specified for provisioning in this
Agreement.
42.3 Requirements for INP and NP
42.3.1 (intentionally left blank for numbering consistency)
42.3.2 Cut-Over Process
The Parties shall cooperate in the process of porting
numbers from one carrier to another so as to limit
service outage for the ported subscriber. This shall
include, but not be limited to, each Party updating
its respective network element translations within
fifteen (15) minutes following notification by the
industry SMS, or ported-to local service provider,
and deploying such temporary translations as may be
required to minimize service outage, e.g.,
unconditional triggers. In addition, Pac-West shall
have the right to determine who initiates the order
for INP in specific cut-over situations. The time
frames in this paragraph shall be pursuant to Generic
Requirements for SCP Application and GTT Function for
Number Portability, Issue 0.99, January 6, 1997 and
subsequent versions which may be adopted from time to
time. The Parties shall cooperate to review, and, if
necessary, adjust the above time frame based on their
actual experiences.
42.3.3 Testing
U S WEST and Pac-West shall cooperate in conducting
Pac-West's testing to ensure interconnectivity
between systems. U S WEST shall inform Pac-West of
any system updates that may affect the Pac-West
network and U S WEST shall, at Pac-Wests request,
perform tests to validate the operation of the
network. Additional testing requirements may apply as
specified by this Agreement
42.3.4 Engineering and Maintenance
(a) U S WEST and Pac-West will cooperate to
ensure that performance of trunking and
signaling capacity is engineered and managed
at levels which are at least the same level
of service as provided by U S WEST to its
subscribers and to ensure effective
maintenance testing through activities such
as routine testing practices, network trouble
isolation processes and review of operational
elements for translations, routing and
network fault isolation.
(b) Additional specific engineering and
maintenance requirements shall apply as
specified in this Agreement.
47
42.3.5 Recording and Billing
The Parties shall provide each other with accurate billing
and subscriber account record exchange data necessary for
billing their subscribers whose numbers have been ported.
42.3.6 Operator Services and Directory Assistance
With respect to operator services and directory assistance
associated with NP for Pac-West subscribers, U S WEST shall
provide the following:
(a) While INP is deployed and prior to conversion to
PNP:
i. The Parties acknowledge that technology, as of the
Effective Date of this Agreement, does not permit
the provision of BLV/BLI to ported numbers. When
such becomes available in the U S WEST network,
such technology shall be made available to
Pac-West.
ii. U S WEST shall allow Pac-West to order
provisioning of Telephone Line Number (TLN)
calling cards and Billed Number Screening (BNS),
in its LIDB, for ported numbers, as specified by
Pac-West. U S WEST shall continue to allow
Pac-West access to its LIDB. Other LIDB provisions
are specified in this Agreement
iii. Where U S WEST has control of Directory Listings
for NXX codes containing ported numbers, U S WEST
shall maintain entries for ported numbers as
specified by Pac-West in accordance with the
Listings Section of this Agreement.
(b) When PNP is in place:
i. The provisions in Section 42.3.6 preceding, shall
apply when PNP is in place.
ii. If Integrated Services Digital Network User Part
(ISUP) signaling is used, U S WEST shall provide
the Jurisdiction Information Parameter in the SS7
Initial Address Message. (See Generic Switching
and Signaling Requirements for Number Portability,
Issue 1.0, February 12, 1996 (Editor -Lucent
Technologies, Inc.)).
iii. The Parties shall provide, when received from the
NPAC, a 10-Digit Global Tide Translation (GTT-)
Node for routing queries for TCAP-based operator
services (e.g., LIDB). The acquiring company will
provide the GTT to the NPAC. The NPAC will
distribute this information to the donor company
and all other parties.
iv. U S WEST OSS shall meet all requirements specified
in "Generic Operator Services Switching
Requirements for Number Portability," Issue 1.1,
June 20, 1996, as updated from time to time.
48
43. Dialing Parity
43.1 The Parties shall provide dialing parity to each other as
required under Section 251 (b)(3) of the Act or state law or
regulation as appropriate. This Agreement does not impact
either Party's ability to default intraLATA toll via a
specific dialing pattern until otherwise required by the Act
or the Commission.
43.2 U S WEST shall ensure that all Pac-West Customers experience
the same dialing panty as similarly-situated Customers of U S
WEST services, such that, for example, for all call types: (a)
an Pac-West Customer is not required to dial any greater
number of digits than a similarly-situated U S WEST Customer
and (b) the Pac-West Customer may retain its local telephone
number, so long as the Customer continues receiving service in
the same central office serving area.
44. Directory Listings
The publication of directories, Directory Listings, directory databases
and associated related services shall be governed by the terms and
conditions contained within Docket No. UT-941464 & UT-94146. To the
extent not inconsistent therewith, the following Section 44 shall
apply.(27)
44.1 Directory Listings General Requirements
44.1.1 This Section 44 pertains to Directory Listings
requirements for the appearance of Pac-West end user
Directory Listings in directory assistance service or
directory product.
44.1.2 U S WEST shall include in its master Directory
Listing database all list information for Pac-West
Customers.
44.1.3 U S WEST shall not sell or license, nor allow any
third party, the use of Pac-West Customer Listings
without the prior written consent of Pac-West U S
WEST shall not disclose nor allow any third party to
disclose non-listed name or address information for
any purpose other than what may be necessary to
complete directory distribution.
44.1.4 Pac-West Customer Listings in the U S WEST Directory
Assistance database and Directory Listing database
shall be co-mingled with Listings of U S WEST and
other CLEC Customers.
44.1.5 Each Pac-West Customer Primary Listing shall be
provided, at no charge, the same white page listings
that U S WEST provides its Customers.
44.1.6 Each Pac-West business Customer Primary Listing shall
be provided, at no charge, the same yellow page
classified courtesy Listings that U S WEST provides
its Customers.
----------
(27) Per Order at page 32, Issues 66-67.
40
44.1.7 U S WEST shall also ensure that its directory
publisher publishes all types of Listings for
Pac-West Customers that are available to U S WEST
Customers under the same terms, and conditions,
including but not limited to:
(a) Foreign Listings
(b) Reference Listings
(c) Information Listings
(d) Alternate call Listings
(e) Multi-line Listings
(f) Multi-line/Multi-owner Listings
44.1.8 Pac-West end user Listings properly identified by
Pac-West as Local, State, and Federal government
Listings shall be appropriately coded in the U S
WEST Directory Listing database. U S WEST will
provide government code information to Pac-West.
44.1.9 The listing and handling of Pac-West listed and
non-listed telephone numbers shall be at least at
panty with that provided by U S WEST to its own
Customers, including Pac-West customers who have
ported telephone numbers from U S WEST.
44.1.10 U S WEST shall ensure that its directory publisher
publishes Pac-West sales, service, billing, and
repair information for business and residential
Customers, along with the Pac-West logo in the
customer information/guide pages of each directory
at no charge to Pac-West
44.1-11 U S WEST is responsible for maintaining Listings,
including entering, changing, correcting,
rearranging and removing listings in accordance
with Pac-West orders. Upon request, and at least
one (1) month prior to a given white page directory
close, a method of reviewing and correcting
Listings will be provided.
44.1.12 (Deleted per Arbitrator's Recommendations.(28)
44.1.13 U S WEST will permit Pac-West Customers to place
orders for Premium Listings and privacy listings.
Pac-West will be charged for Premium Listings and
privacy listings at U S WEST's general exchange
tariff rates less the wholesale discount rate. The
Premium and privacy listing charges will be billed
to Pac-West and itemized at the telephone number
sub-account level.
44.1.14 U S WEST shall ensure a third party distributes
appropriate alphabetical and classified directories
(white and yellow pages) and recycling services to
Pac-West Customers at parity with U S WEST end
users, including providing directories, a) upon
establishment of new service; b) during annual mass
distribution; and c) upon Customer request.
44.1.15 At no charge, U S WEST shall ensure that its
directory publisher prominently indicates on each
directory cover that the directory includes the
Listings of all Customers without regard to which
company serves them.(29)
----------
28 Per Recommendations at page 10, Issue 135.
29 Per Recommendations at page 10, Issue 135. Modified per Approval at page
5, paragraph 6 and page 13, paragraph D.
50
44.1.16 U S WEST will provide the option of having Centrex users
listed when Pa purchases Centrex-type services for resale.
44.2 Scope
44-2.1 Pac-West grants U S WEST a non-exclusive license to
incorporate Listings information into its Directory Assistance
database. Pa-West shall select-one of two options for U S
WEST's use of Listings and dissemination of Listings to third
parties.
EITHER:
a. Treat the Same as U S WEST's end user Listings - No
prior authorization is needed for U S WEST to release
Listings to directory publishers or other third parties.
U S WEST will incorporate Listings information in all
existing and future Directory Assistance applications
developed by U S WEST. Pac-West authorizes U S WEST to
sell and otherwise make Listings available to directory
publishers. Listings shall not be provided or sold in
such a manner as to segregate end users by carrier.
OR:
b. Restrict to U S WEST's Directory Assistance Service -
Prior authorization required from Pac-West for all other
uses. Pac-West makes its own, separate agreements with U
S WEST, third Parties and directory publishers for all
uses of its Listings beyond DA. U S WEST will sell or
provide Listings to directory publishers (including U S
WEST's publisher affiliate) or other third Parties only
after the third party presents proof of Pac-West's
authorization. Listings shall not be provided or sold in
such a manner as to segregate end users by carrier.
c. U S WEST shall be entitled to retain all revenue
associated with any sales pursuant to subparagraphs (a)
and (b) above.(30)
44.2.2 To the extent that state tariffs limit U S WEST's liability
with regard to Listings, the applicable state tariff(s) is
incorporated herein and supersedes Section 19, "Limitation of
Liability", of this Agreement with respect to Listings only.
Nothing contained in this section shall limit either Party's
liability to the other for willful or intentional misconduct,
including gross negligence.(31)
44.3 U S WEST will take reasonable steps in accordance with industry
practices to accommodate non-published and non-listed Listings provided
that Pac-West has supplied U S WEST the necessary privacy indicators on
such Listings.
44.4 Pac-West Responsibilities
44-4.1 Pac-West agrees to provide to U S WEST its end user names,
addresses and telephone numbers in a standard mechanized
format, as utilized by U S WEST.
----------
30 Per Recommendations at page 11, Issue 62.
31 Per Recommendations at page 12, Issue 63.
51
44.4.2 Pac-West will supply its ACNA/CIC or CLCC/OCN, as appropriate. with
each order to provide U S WEST the means of identifying listings
ownership.
44.4.3 Pac-West represents the end user information provided to U S WEST is
accurate and correct. Pac-West further represents that it has reviewed
all listings provided to U S WEST, including end user requested
restrictions on use such as non-published and non-listed
44.4.4 Pac-West is responsible for dealings with, and on behalf of,
Pac-West's end users on the following subjects:
a) All end user account activity, e.g., end user queries and
complaints.
b) All account maintenance activity, e.a., additions, changes.
issuance of orders for Listings to U S WEST.
c) Determining privacy requirements and accurately coding the
privacy indicators for Pac-West's end user information. If
end user information provided by Pac-West to U S WEST does
not contain a privacy indicator, no privacy restrictions
will apply.
45. Directories
The publication of directories, Directory Listings, directory databases
and associated related services shall be governed by the terms and
conditions contained within Docket No. UT-941464 & UT-94146.(32)
46. U S WEST Dex Issues
U S WEST and Pac-West agree that certain issues, such as yellow page
advertising, directory distribution, access to call guide pages, and
yellow page listings, will be the subject of negotiations between
Pac-West and directory publishers, including U S WEST Dex. U S WEST
acknowledges that Pac-West may request U S WEST to facilitate
discussions between Pac-West and U S WEST Dex.
47. Access to Poles, Ducts, Conduits, and Rights of Way
47.1 U S WEST shall provide Pac-West equal and non-discriminatory
access to poles, space, ducts, conduit, entrance facilities,
ROW and any other pathways on terms and conditions equal to
that provided by U S WEST to itself or to any other Person.
Further, U S WEST shall not preclude or delay allocation of
these facilities to Pac-West because of the potential needs of
itself or of any other Person except a maintenance spare may
be retained as described below.(33)
47.2 U S WEST warrants that it will provide to Pac-West
nondiscriminatory access to poles, pole attachments, ducts,
inner ducts, conduits, building
----------
32 Per Order at page 32, Issues 66-67.
33 Per Order at pages 28-29, Issues 53-54.
52
entrance facilities, building entrance links, equipment rooms, remote
terminals, cable vaults, telephone closets, building risers, ROW, and
other pathways owned or controlled by U S WEST, using capacity
currently available or that can be made available. U S WEST shall have
the full burden of proving that such access is not technically
feasible. To the extent U S WEST proves infeasibility, U S WEST shall
be required to provide to Pac-West alternative suitable access which
will not impair Pac-West's ability to provide its Telecommunications
Services. Such alternative access shall be technically equivalent to
the requested access and shall be subject to the same terms, conditions
and price as the requested access.(34)
47.3 Definitions
"Poles, ducts, conduits and ROW" refer to all the physical facilities
and legal rights which provide for access to pathways across public and
private property. These include poles, pole attachments, ducts,
innerducts, conduits, building entrance facilities, building entrance
links, equipment rooms, remote terminals, cable vaults, telephone
closets, building risers, rights-of-way, or any other requirements
needed to create pathways. These pathways may run over, under, across
or through streets, traverse private property, or enter multi-unit
buildings. A Right-of-Way ("ROW") is the right to use the land or other
property owned, leased, or controlled by any means by U S WEST to place
poles, ducts, conduits and ROW or to provide passage to access such
poles, ducts, conduits and ROW. A ROW may run under, on, or above
public or private property (including air space above public or private
property) and shall include the right to use discrete space in
buildings, building complexes, or other locations.
47.4 Requirements
47.4.1 U S WEST shall make poles, ducts, conduits and ROW available
to Pac-West upon receipt of a request for use within the time
periods provided in this Section, providing all information
necessary to implement such a use and containing rates, terms
and conditions, including, but not limited to, maintenance and
use in accordance with this Agreement and at least equal to
those which it affords itself, its Affiliates and others.
Other users of these facilities, including U S WEST, shall not
interfere with the availability or use of the facilities by
Pac-West.
47.4.2 Within ten (10) Business Days of Pac-West's request for
specific poles, ducts, conduits, or ROW, U S WEST shall
provide any information in its possession or available to it
regarding the environmental conditions of such requested
poles, ducts, conduits or ROW route or location including, but
not limited to, the existence and condition of asbestos, lead
paint, hazardous substance contamination, or radon.
Information is considered "available" under this Agreement if
it is in U S WEST's possession or files, or the possession of
an agent, contractor, employee, lessor, or tenant of U S
WEST's that holds such information on U S WEST's behalf. If
the poles, ducts, conduits or ROW contain such environmental
contamination, making the placement of equipment hazardous, U
S WEST shall offer alternative poles, ducts, conduits or ROW
for Pac-West's consideration. U S WEST shall allow Pac-West to
perform any environmental site
----------
34 Per Order at page 29, Issue 55.
53
investigations, including, but not limited to, Phase I and
Phase 11 environmental site assessments, as Pac-West may
deem to be necessary.
47.4.3 U S WEST shall not prevent or delay any third party
assignment of ROW to Pac-West.
47.4.4 U S WEST shall offer the use of such poles, ducts, conduits
and ROW it has obtained from a third party to Pac-West, to
the extent such agreement does not prohibit U S WEST from
granting such rights to Pac-West They shall be offered to
Pac-West on the same terms as are offered to U S WEST.(35) U
S WEST shall exercise its eminent domain power and assist
Pac-West in obtaining licenses when necessary to accommodate
Pac-West's request for access to ROW.(36) If U S WEST
exercises its eminent domain authority on behalf of Pac-West
at Pac-West's request, then Pac-West shall reimburse U S
WEST for U S WEST's reasonable costs, if any, incurred as a
result of such exercise of its eminent domain authority.
47.4.5 (Intentionally left blank for numbering consistency)
47.4.6 U S WEST shall not attach, or permit other entities to
attach facilities on, within or overlashed to existing
Pac-West facilities without Pac-West's prior written
consent.
47.4.7 U S WEST agrees to provide current detailed engineering and
other plant records and drawings for specific requests for
poles, ducts, conduits and ROW, including facility route
maps at 2 City level, and the fees and expenses incurred in
providing such records and drawings, on the earlier of
twenty (20) Business Days from Pac-West's request or the
time within which U S WEST provides this information to
itself or any other Person. Such information shall be of
equal type and quality as that which is available to U S
WEST's own engineering and operations staff. U S WEST shall
also allow personnel designated by Pac-West to jointly
examine with U S WEST personnel, at no cost to Pac-West for
such personnel, such engineering records and drawings for a
specific routing at U S WEST Central Offices and U S WEST
Engineering Offices upon ten (10) days' written notice to U
S WEST. U S WEST acknowledges that the request for
information and the subject matter related to the request
made under this Section shall be treated as Proprietary
Information.
47.4.8 U S WEST shall provide to Pac-West a Single Point of Contact
for negotiating all structure lease and ROW Agreements.
47.4.9 U S WEST shall provide information regarding the
availability and condition of poles, ducts, conduits and ROW
within five (5) business days of Pac-West s request if the
information then exists in U S WEST's records (a records
based answer) and within twenty (20) Business Days of
Pac-West's request if U S WEST must physically examine the
poles, ducts, conduits and ROW (a field based answer)
("Request"). Pac-West shall have the option to be present at
the field based survey and U S WEST shall provide Pac-West
at least twenty-four (24) hours' notice prior to the start
of such field survey. During and after this period, U S WEST
shall allow Pac-West personnel to enter manholes and
equipment
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35 Per Order at pages 29-30, Issue 56.
36 Per Order at pages 29-30, Issue 56.
Spaces and view pole structures to inspect such structures
in order to confirm usability or assess the condition of the
structure. U S WEST shall send Pac-West a written notice
confirming availability pursuant to the Request, within such
twenty (20) day period ("Confirmation").
47.4.10 For the period beginning at the time of the Request and
ending ninety (90) days following Confirmation, U S WEST
shall reserve such poles, ducts, conduits and ROW for
Pac-West and shall not allow any use thereof by any Party,
including U S WEST. Pac-West shall elect whether or not to
accept such poles, ducts, conduits and ROW within the ninety
(90) day period following Confirmation. Pac-
West may accept such facilities by sending written notice to
U S WEST ("Acceptance"). If Pac-West requests reservation of
poles, ducts, conduits or ROW, U S WEST may charge a
reservation fee in an amount mutually agreed upon by the
Parties. Pac-West's obligation to pay a reservation fee
shall begin on the date of the Confirmation. If the Parties
are unable to agree on a reasonable reservation fee, the fee
shall be established pursuant to the dispute resolution
process in Section 27 of Part A of this Agreement.(37)
47.4.11 Reservation. After Acceptance by Pac-West, Pac-West shall
have six (6) months to begin attachment and/or installation
of its facilities to the poles, ducts, conduits and ROW or
request U S WEST to begin make ready or other construction
activities. Any such construction, installation or make ready
by Pac-West shall be completed by the end of one (1) year
after Acceptance. Pac-West shall not be in default of the
6-month or 1 -year requirement above if such default is
caused in any way by any action, inaction or delay on the
part of U S WEST or its Affiliates or subsidiaries.
47.4.12 Make Ready. U S WEST shall rearrange, modify and/or make
ready existing poles, ducts, conduits and ROW where necessary
and feasible to provide space for Pac-West's requirements.
Subject to the requirements above, the Parties shall endeavor
to mutually agree upon the time frame for the completion of
such work within five (5) days following Pac-West's request;
provided, however, that any such work required to be
performed by U S WEST shall be completed within sixty (60)
days or a reasonable period of time based on standard
construction intervals in the industry, unless otherwise
agreed by Pac-West in writing.
47.4.13 New Construction. After Acceptance, U S WEST shall complete
any new construction, relocation or installation of poles,
ducts, conduits or ROW required to be performed by U S WEST
or any U S WEST construction, relocation or installation
requested by Pac-West within a reasonable period of time
based on standard construction intervals in the industry or
sixty (60) days after obtaining all governmental authority or
permits necessary to complete such construction, relocation
or installation. If U S WEST anticipates that construction,
relocation or installation will go beyond standard industry
intervals or the sixty (60) day period, U S WEST shall
immediately notify Pac-West and the Parties shall mutually
agree on a completion date.
47.4.14 Pac-West shall begin payment for the use of newly constructed
poles, ducts, conduits, and ROW upon completion of such
construction and installation and
----------
37 Per Recommendations at page 16, Issue 70.
55
confirmation by appropriate testing methods that the
facilities are in a condition ready to operate in Pac-West's
network or upon use (other than for testing) by Pac-West,
whichever is earlier.
47.4.15 Pac-West shall make payment for construction, relocation,
rearrangements. modifications and make ready in accordance
with Section 3.5 of Attachment 1 of this Agreement.
47.4.16 Pac-West shall begin payment for the use of existing poles,
ducts, conduits and ROW upon the date of its timely
Acceptance. If Pac-West fails to send a timely Acceptance,
its reservation shall be released.(38)
47.4.17 Pac-West may, at its option, install its facilities on poles,
ducts, conduits and ROW and use Pac-West or Pac-West
designated personnel to attach its equipment to such U S WEST
poles, ducts, conduits and ROW.
47.4.18 If available, U S WEST shall provide Pac-West space in
manholes for racking and storage of cable and other materials
as requested by Pac-West.
47.4.19 U S WEST shall rearrange, modify and/or make ready any
conduit system or poles with retired cable by removing such
retired cable from conduit systems or poles to allow for the
efficient use of conduit space and pole space. U S WEST shall
take all reasonable steps to expand its facilities to
accommodate Pac-West's request, and shall do so in accordance
with the time frames set forth in this Section 47.(39) Before
denying access based on a lack of capacity, U S WEST must
explore potential accommodations with Pac-West
47.4.20 Where U S WEST has innerducts which are not, at that time,
being used or are not reserved as emergency or maintenance
spare in accordance with FCC rules and regulations, U S WEST
shall offer such ducts for Pac-West's use. U S WEST shall not
reserve more than one inner duct in any conduit cross section
for emergency purposes. Where only two inner ducts remain
available (including an emergency spare), U S WEST shall
offer Pac-West the use of at least one inner duct.(40)
47.4.21 Where a spare innerduct does not exist, U S WEST shall allow
Pac-West to install an innerduct in U S WEST conduit, at
Pac-West's cost and expense. U S WEST must review and approve
any installation of inner duct in any U S WEST's duct prior
to the start of construction. Such approval shall not be
unreasonably delayed, withheld or conditioned. Pac-West shall
provide notice to U S WEST of any work activity not less than
twenty-four (24) hours prior to the start of construction.
47.4.22 Where U S WEST has any ownership or other rights to ROW to
buildings or building complexes, or within buildings or
building complexes, U S WEST shall offer such ROW to Pac-West
----------
38 Per Recommendations at pages 16-17, Issue 155.
39 Per Recommendations at page 17, Issue 156.
40 Per Order at page 29, Issue 55.
56
(a) Subject to the approval of the building
owner, if required, the right to use any
available space owned or controlled by U S
WEST in the building or building complex to
install Pac-West equipment and facilities;
(b) Subject to the approval of the building
owner, if required, ingress and egress to
such space; and
(c) Subject to the approval of the building
owner, if required, the right to use
electrical power at parity with U S WEST's
rights to such power.
47.4.23 Whenever U S WEST intends to modify or alter any
poles, ducts, conduits or ROW which contain
Pac-West's facilities. U S WEST shall provide written
notification of such action to Pac-West so that
Pac-West may have a reasonable opportunity to add to
or modify its facilities. Pac-West shall advise U S
WEST, in writing, of its intentions to add or modify
the facilities within fifteen (15) Business Days of U
S WEST's notification. If Pac-West adds to or
modifies its facilities according to this paragraph,
Pac-West shall bear a proportionate share of the
costs incurred by U S WEST in making such facilities
accessible.
47.4.24 Pac-West shall not be required to bear any of the
costs of rearranging or replacing its facilities, if
such rearrangement or replacement is required as a
result of an additional attachment or the
modification of an existing attachment sought by any
entity other than Pac-West, including U S WEST.
47.4.25 U S WEST shall maintain the poles, ducts, conduits
and ROW at its sole cost. Pac-West shall maintain its
own facilities installed within the poles, ducts,
conduits and ROW at its sole cost In the event of an
emergency, U S WEST shall begin repair of its
facilities containing Pac-West's facilities within a
reasonable time frame based on industry standards or
a time frame requested by Pac-West. If U S WEST
cannot begin repair within the requested time frame,
upon notice and approval of U S WEST, which approval
shall not be unreasonably withheld, Pac-West may
begin such repairs without the presence of U S WEST
personnel. Pac-West may climb poles and enter the
manholes, handholds, conduits and equipment spaces
containing U S WEST's facilities in order to perform
such emergency maintenance, but only until such time
as qualified personnel of U S WEST arrives ready to
continue such repairs. For both emergency and
non-emergency repairs, Pac-West may use spare
innerduct or conduits, including the innerduct or
conduit designated by U S WEST as emergency spare for
maintenance purposes; provided, however, that
Pac-West may only use such spare conduit or innerduct
for a maximum period of ninety (90) days.
47.4.26 In the event of a relocation necessitated by a
governmental entity exercising the power of eminent
domain, when such relocation is not reimbursable, all
parties shall share pro rata in costs for relocating
the base conduit or poles and shall each pay its own
cost of cable and installation of the facilities in
the newly rebuilt U S WEST poles, ducts, conduits and
ROW.
48. Bona Fide Request Process for Further Unbundling(41)
----------
41 Per Order at pages 9-10, Issue 16.
57
48.1 Any request for Interconnection or access to an unbundled Network
Element not already available via price lists, tariff, or as described
herein shall be treated as a "Request" under this Section.
48.2 U S WEST shall use the Bona Fide Request ("BFR") process as described
in this Section 48, to determine the technical feasibility of the
requested Interconnection or Network Element(s) and, for those items
found to be technically feasible, to provide the terms and timetable
for providing the requested items. Additionally, elements, services and
functions which are materially or substantially different from those
services, elements or functions already provided by U S WEST to itself,
its Affiliates, Customers, or end users may, at the discretion of
Pac-West, be subject to this BFR process.
48.3 A Request shall be submitted in writing and, at a minimum, shall
include: (a) a complete and accurate technical description of each
requested Network Element or Interconnection; (b) the desired interface
specifications; (c) a statement that the Interconnection or Network
Element will be used to provide a Telecommunications Service; (d) the
quantity requested; (e) the location(s) requested; and (f) whether
Pac-West wants the requested item(s) and terms made generally
available. Pac-West may designate a Request as Confidential.
48.4 Within forty-eight (48) hours of receipt of a Request, U S WEST shall
acknowledge receipt of the Request and review such Request for initial
compliance with Subsection 48.3 above. In its acknowledgment, U S WEST
shall advise Pac-West of any missing information reasonably necessary
to move the Request to the preliminary analysis described in Subsection
48.5 below.
48.5 Unless otherwise agreed to by the Parties, within thirty (30) calendar
days of its receipt of the Request and all information necessary to
process it, U S WEST shall provide to Pac-West a preliminary analysis
of the Request As reasonably requested by Pac-West, U S WEST agrees to
provide status updates to Pac-West U S WEST will notify Pac-West if the
quote preparation fee, if any, will exceed $5,000. Pac-West will
approve the continuation of the development of the quote prior to U S
WEST incurring any reasonable additional expenses. The preliminary
analysis shall specify whether or not the requested Interconnection or
access to an unbundled Network Element is technically feasible and
otherwise qualifies as a Network Element or Interconnection as defined
under the Act
48.5.1 If U S WEST determines during the thirty (30) day
period that a Request is not technically feasible or
that the Request otherwise does not qualify as a
Network Element or Interconnection required to be
provided under the Act, U S WEST shall so advise
Pac-West as soon as reasonably possible of that fact,
and promptly provide a written report setting forth
the basis for its conclusion but in no case later
than ten (10) calendar days after making such
determination.
48.5.2 If U S WEST determines during the thirty (30) day
period that the Request is technically feasible and
otherwise qualifies under the Act, it shall notify
Pac-West in writing of such determination no later
than ten (10) calendar days after making such
determination.
48.5.3 Unless otherwise agreed to by the Parties, as soon as
feasible, but no more than ninety (90) calendar days
after U S WEST notifies Pac-West that the Request is
technically feasible, U S WEST shall provide to
Pac-West a Request quote which will include, at a
minimum, a description of each Interconnection and
Network Element, the quantity to be provided, the
installation intervals (both initial and subsequent),
the impact on shared systems software interfaces, the
ordering process changes, the functionality
specifications, any interface specifications, and
either:
(a) the applicable rates (recurring and
nonrecurring), including the amortized
development costs, as appropriate pursuant
to Section 48.5.4 below, of the
Interconnection or Network Element; or
(b) the payment for development costs, as
appropriate pursuant to Section 48.5.4
below, of the Interconnection or Network
Element and the applicable rates (recurring
and nonrecurring), excluding the development
costs.
48.5.4 The choice of using either option (a) or (b) above
shall be at U S WEST's sole discretion. A payment for
development cost, however, is appropriate only where
Pac-West is the only conceivable user of the
functionality (including consideration of U S WEST as
a potential user) or where the requested quantity is
insufficient to provide amortization.
48.6 If U S WEST has used option (a) above in its Request quote,
then, within thirty (30) days of its receipt of the Request
quote, Pac-West must indicate its nonbinding interest in
purchasing the Interconnection or Network Element at the
stated quantities and rates, cancel it Request, or seek remedy
under the dispute resolution section of this Agreement
48.7 If U S WEST has used option (b) above in its Request quote,
then, within thirty (30) days of its receipt of the Request
quote, Pac-West must either agree to pay the development costs
of the interconnection or Network Element, cancel its Request,
or seek remedy under the dispute resolution section of this
Agreement.
48.8 If U S WEST has used option (b) in its Request quote and
Pac-West has accepted the quote, Pac-West may cancel the
Request at any time, but will pay U S WEST's reasonable
development costs of the Interconnection or Network Element up
to the date of cancellation.
59
48.9 U S WEST will use reasonable efforts to determine the
technical feasibility and conformance with the Act of the
Request within the first thirty-two (32) days of receiving the
Request. In the event U S WEST has used option (b) above in
its Request quote and U S WEST later determines that the
Interconnection or Network Element requested in the Request is
not technically feasible or otherwise does not qualify under
the Act, U S WEST shall notify Pac-West within ten (10)
Business Days of making such determination and Pac-West shall
not owe any compensation to U S WEST in connection with the
Request. Any quotation preparation fees or development costs
paid by Pac-West to the time of such notification shall be
refunded by U S WEST.
48.10 To the extent possible, U S WEST will utilize information from
previously developed BFRs to address similar arrangements in
order to shorten the response times for the currently
requested BFR. In the event Pac-West has submitted a Request
for an Interconnection or a Network Element and U S WEST
determines in accordance with the provisions of this Section
48 that the Request is technically feasible, the Parties agree
that Pac-West's subsequent request or order for the identical
type of Interconnection or Network Element shall not be
subject to the BFR process. To the extent U S WEST has
deployed an identical Network Element under a previous BFR, a
subsequent BFR is not required. For purposes of this Section
48.10, an "identical" request shall be one that is materially
identical to a previous request with respect to the
information provided pursuant to Subsections (a) through (e)
of Section 48.3 above.
48.11 In the event of a dispute under this Section 48, the Parties
agree to seek expedited Commission resolution of the dispute,
to be completed within twenty (20) days of U S WEST's response
denying Pac-West's BFR, and in no event more than thirty (30)
days after the filing of Pac-West's petition. Alternatively,
the Parties may mutually agree to resolve any disputes under
this section through the dispute resolution process pursuant
to Section 27, Part A of this Agreement
48.12 All time intervals within which a response is required from
one Party to another under this Section 48 are maximum time
intervals. The Parties agree that they will provide all
responses to the other Party as soon as the Party has the
information and analysis required to respond, even if the time
interval stated herein for a response is not over.
49. Audit Process
49.1 As used herein, "Audit' shall mean a comprehensive review of
services performed under this Agreement. Either Party (the
"Requesting Party") may perform up to three (3) Audits per
12-month period commencing with the Effective Date.
49.2 Upon thirty (30) day's written notice by the Requesting Party
to the other Party (the "Audited Party"), the Requesting Party
shall have the right, through its authorized representative,
to make an Audit, during normal business hours, of any
records, accounts and processes which contain information
related to the services provided and performance standards
60
agreed to under this Agreement. Within the above-described
30-day period, the Parties shall reasonably agree upon the
scope of the Audit, the documents and processes to be
reviewed. and the time, place and manner in which the Audit
shall be performed. The Audited Party agrees to provide Audit
support, including appropriate access to and use of the
Audited Party's facilities (e.g., conference rooms.
telephones, copying machines).
49.3 Each Party shall bear its own expenses in connection with the
conduct of the Audit. The reasonable cost of special data
extractions required by the Requesting Party to conduct the
Audit will be paid for by the Requesting Party. For purposes
of this Section 49.3, a "Special Data Extraction" shall mean
the creation of an output record or informational report (from
existing data files) that is not created in the normal course
of business. If any program is developed to the Requesting
Party's specifications and at the Requesting Party's expense,
the Requesting Party shall specify at the time of request
whether the program is to be retained by the Audited Party for
reuse for any subsequent Audit. Notwithstanding the foregoing,
the Audited Party shall pay all of the Requesting Party's
external expenses (including, without limitation, the fees of
any independent auditor), in the event an Audit results in an
adjustment in the charges or in any invoice paid or payable by
the Requesting Party hereunder in an amount that is, on an
annualized basis, more than the greater of (a) one percent (1
%) of the aggregate charges for all services purchased under
this Agreement or (b) $ 10,000.
49.4 Adjustments, credits or payments shall be made and any
corrective action shall commence within thirty (30) days from
the Audited Party's receipt of the final audit report to
compensate for any errors or omissions which are disclosed by
such Audit and are agreed to by the Parties. The highest
interest rate allowable by law for commercial transactions
shall be assessed and shall be computed by compounding daily
from the time of the original due date of the amount of
dispute.
49.5 Neither such right to examine and audit nor the right to
receive an adjustment shall be affected by any statement to
the contrary appearing on checks or otherwise.
49.6 This Section 49 shall survive expiration or termination of
this Agreement for a period of two (2) years after expiration
or termination of this Agreement.
49.7 All transactions under this Agreement which are over
thirty-six (36) months old are no longer subject to Audit.
49.8 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 Audited 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 Audited
Party. To the extent an Audit involves access to information
of third parties, the Audited Party will aggregate such
competitors' data before release to the Requesting Party, to
insure the protection of the proprietary nature of information
of other competitors. To the extent a competitor is an
Affiliate of the Audited Party (including itself and its
subsidiaries), the Parties shall be allowed to examine such
Affiliate's disaggregated data, as required by reasonable
needs of the Audit.
49.9 An "Examination" shall mean an inquiry reasonably requested by
either Party into a specific element of or process where the
requesting Party raises a dispute concerning services
performed by the other Party under this Agreement and such
dispute has not been resolved through the escalation process
described in this Agreement. Only that information that is
necessary to resolve the dispute in issue must.- be provided
in the
61
course of an Examination and the total time involved in an
Examination for each Party may not exceed three (3) people for
three (3) days and no more than 10. 000 pages of documents may
be reviewed. Appropriate provisions of Section 49 that apply
to Audits shall also apply to Examinations, except that either
Party may conduct only a total of nine (9) Examinations and
Audits per year, with a maximum of three (3) Audits per year.
50. Miscellaneous Services
50.1 Basic 911 and E911 General Requirements
50.1.1 Basic 911 and E911 provides a caller access to the
appropriate emergency service bureau by dialing a
3-digit universal telephone number (911). Basic 911
and E91 1 access from Local Switching shall be
provided to Pac-West in accordance with the
following:
50.1.2 Each Party will be responsible for those portions of
the 911 System for which it has reasonable control,
including any necessary maintenance to each Party's
portion of the 911 System.
50.1.3 E911 shall provide additional routing flexibility for
911 calls. E911 shall use Customer data, contained in
the Automatic Location Identification/Data Management
System ("ALI/DMS"), to determine to which Public
Safety Answering Point ("PSAP") to route the call.
50.1.4 If available in the U S WEST network, U S WEST shall
offer a third type of 911 service, S91 1. All
requirements for E91 1 also apply to S91 1 with the
exception of the type of signaling used on the
interconnection trunks from the local switch to the
E911 Tandem.
50.1.5 Basic 911 and E911 functions provided to Pac-West
shall be at least at parity with the support and
services that U S WEST provides to its Customers for
such similar functionality.
50.1.6 Basic 911 and E911 access from Local Switching shall
be provided to Pac-West in accordance with the
following:
50.1.6.1 U S WEST shall conform to all state
regulations concerning emergency
services.
50.1.6.2 For E911 provided to resold lines or in
association with unbundled switching, U
S WEST shall use its service order
process to update and maintain Customer
information in the ALI/DMS data base.
Through this process, U S WEST shall
provide and validate Customer
information resident or entered into the
ALI/DMS data base.
50.1.7 U S WEST shall provide for over-flow 911 traffic
consistent with U S WEST policy and procedure.
50-1.8 Basic 911 and E911 access from the Pac-West local
switch shall be provided to Pac-West in accordance
with the following:
50.1.8.1 If required by Pac-West, U S WEST shall
interconnect direct trunks from the
Pac-West network to the E91 1 Tandem
for connection to the
62
PSAP. Such trunks to the E911 Tandem may
alternatively be provided by Pac-West.
50.1.8.2 In government jurisdictions where U S
WEST has obligations under existing
agreements as the primary provider of
the 911 System to the county, Pac-West
shall participate in the provision of
the 911 System as follows:
(a) Each Party shall be responsible
for those portions of the 911
System for which it has control,
including any necessary
maintenance to each Party's
portion of the 911 System.
(b) U S WEST shall be responsible for
maintaining the E-911 database.
50.1.8.3 If a third party is the primary service
provider to a government agency,
Pac-West shall negotiate separately with
such third party with regard to the
provision of 911 service to the agency.
All relations between such third party
and Pac-West are totally separate from
this Agreement and U S WEST makes no
representations on behalf of the third
party.
50.1.8.4 If Pac-West or an Affiliate is the
primary service provider to a government
agency, Pac-West and U S WEST shall
negotiate the specific provisions
necessary for providing 911 service to
the agency and shall include such
provisions in an amendment to this
Agreement.
50.1.8.5 Interconnection and database access
shall be priced as specified in
Attachment 1 to this Agreement or at any
rate charged to other interconnected
carriers, whichever is lower.
50.1.8.6 Pac-West will separately negotiate with
each county regarding the collection and
reimbursement to the county of
applicable Customer taxes for 911
service.
50.1.8.7 U S WEST shall comply with established,
competitively neutral intervals for
installation of facilities, including
any collocation facilities, diversity
requirements, etc.
50.1.8.8 In a resale situation, where it may be
appropriate for U S WEST to update the
ALI database, U S WEST shall update such
database with Pac-West data in an
interval no less than is experienced by
U S WEST Customers, or than for other
carriers, whichever is faster, at no
additional cost.
50.1.9 The following are Basic 911 and E911 Database
Requirements:
50.1.9.1 The ALI database shall be managed by U S
WEST, but is 'the property of U S WEST
and any participating telephone company
and CLEC for those records provided by
the company.
50.1.9.2 U S WEST, or its agent, will be
responsible for maintaining the E91 I
Data Base. U S WEST, or its agent, will
provide a copy of the Master Street
Address Guide ("MSAG"), and periodic
Updates, to Pac-West.
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50.1.9.3 Copies of the MSAG shall be provided
within twenty-one (21) calendar days
from the time requested and shall be
provided on diskette, magnetic tape, or
in a format suitable for use with
desktop computers.
50.1.9.4 Pac-West assumes all responsibility for
the accuracy of the data that Pac-West
provides to U S WEST for MSAG
preparation and E911 Database operation.
50.1.9.5 Pac-West shall be solely responsible for
providing Pac-West database records to
U S WEST for inclusion in U S WEST'; ALI
database on a timely basis.
50.1.9.6 Pac-West will provide end user data to
the U S WEST ALI database that are MSAG
valid.
50.1.9.7 Pac-West will update its end user
records provided to the U S WEST ALI
database to agree with the 911 MSAG
standards for its service areas.
50.1.9.8 U S WEST and Pac-West shall arrange for
the automated input and periodic
updating of the E911 database
information related to Pac-West end
users for resold lines in accordance
with Section 10. 1 of Attachment 2 to
this Agreement. Pac-West may request,
through the BFR process, similar
arrangements for Pac-West customers
served on a non-resale basis. U S WEST
will furnish Pac-West any variations 'to
NENA recommendations required for ALI
data base input. The cost of magnetic
tape transfer shall be borne by
Pac-West.
50.1.9.9 U S WEST and Pac-West shall arrange for
the automated input and periodic
updating of the E911 database
information related to Pac-West end
users. For resold services, U S WEST
shall work cooperatively with Pac-West
to ensure the accuracy of the data
transfer by verifying it against the
MSAG. For Pac-West's customers served by
unbundled Network Elements or through
Pac-West's own facilities, Pac-West
shall ensure the accuracy of its 911
data by verifying it against the MSAG.
50.1.9.10 Pac-West shall assign an E911 database
coordinator charged with the
responsibility of forwarding Pac-West
end user ALI record information to U S
WEST or via a third-party entity,
charged with the responsibility of ALI
record transfer. Pac-West assumes all
responsibility for the accuracy of the
data that Pac-West provides to U S WEST.
50.1.9.11 The Parties shall maintain a single
point of contact to coordinate all E91 1
activities under this Agreement.
50.1.9.12 For resold services, Pac-West shall
provide information on new Customers to
U S WEST within one (1) Business Day of
the order completion. U S WEST shall
update the database within two (2)
Business Days of receiving the data from
Pac-West If U S WEST detects an error in
the Pac-West provided data, the data
shall be returned to Pac-West within two
(2) Business Days from when it was
provided to U S WEST. Pac-West shall
respond to requests from U S WEST to
make corrections to database record
errors by uploading
64
corrected records within two (2) Business Days. Manual
entry shall be allowed only in the event that the system
is not functioning properly. Pac-West may request,
through the BFR process, similar services from U S WEST
for their customers who are served on a non-resale basis.
50.1.9.13 The Parties will cooperate to implement the adoption of a
Xxxxxx Code (XXXX standard five-character field) on all
ALI records received from Pac-West, when those standards,
NENA-02-OON. are adopted by the industry standards
process. U S WEST will furnish Pac-West any variations
from NENA recommendations required for ALI database
input. The Carrier Code will be used to identify the
carrier of record in INP configurations.
50.1.9.14 Pac-West will provide end user data to the U S WEST ALI
database utilizing NENA-02-001 Recommended Formats For
Data Exchange, and Recommended Standard For Street
Thoroughfare Abbreviations and Protocols For Data
Exchange and Data Quality utilizing NENA Recommended
Formats for Data Exchange document dated June, 1993.
50.1.9.15 U S WEST shall identify which ALI databases cover which
states, counties or parts thereof, and identify and
communicate a point of contact for each.
50.1.9.16 U S WEST will provide Pac-West with the identification of
the U S WEST 911 controlling office that serves each
geographic area served by Pac-West.
50.1.9.17 U S WEST shall provide to Pac-West, for Pac-West
Customers, E911/911 call routing to the appropriate
Public Safety Answering Point ("PSAP") for resold lines.
U S WEST shall provide and validate Pac-West Customer
information to the PSAP in the same fashion as it does
for its own Customers. U S WEST shall use its service
order process to update and maintain, on the same
schedule that it uses for its end users, the Pac-West
Customer service information in the ALI/DMS used to
support E911/911 services. Pac-West may request, through
the BFR process, similar services from U S WEST for their
customers who are served on a non-resale basis.
50.1.9.18 Pac-West exchanges to be included in US WEST's E911
Database will be indicated via written notice and will
not require an amendment to this Agreement.(42)
50.1.10 The following are Basic 911 and E91 1 Network Requirements:
50.1.10.1 U S WEST, at Pac-West's option, shall provide a minimum
of two (2) E911 trunks per jurisdictional area, or that
quantity which will maintain P.01 transmission grade of
service, or the level of service provided by U S WEST to
itself, whichever is the higher grade of service. These
trunks will be dedicated to routing 911 calls from
Pac-West switch to a U S WEST E911 tandem.
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42 Per Order at page 34, Issue 63.
65
50.1.10.2 U S WEST shall provide Pac-West a data link to the
ALI/DMS database or permit Pac-West to provide its own
data link to the ALI/DMS database. U S WEST shall
provide error reports from the ALI/DMS database to
Pac-West immediately after Pac-West inputs information
into the ALI/DMS database. Alternately, Pac-West may
utilize U S WEST or a third party entity to enter
Customer information into the database on a demand
basis, and validate Customer information on a demand
basis.
50.1.10.3 U S WEST shall provide the selective routing of E911
calls received from Pac-West switching office. This
includes the ability to receive the ANI of the
Pac-West Customer, selectively route the call to the
appropriate PSAP, and forward the Customer's ANI to
the PSAP. U S WEST shall provide Pac-West with the
appropriate CLLI codes and specifications regarding
the tandem serving area associated addresses and meet
points in the network.
50.1.10.4 Copies of E911 Tandem Boundary Maps shall be available
to Pac-West. Each map shows the areas served by that
E911 tandem. The map provides Pac-West the information
necessary to set up its network to route E9 11 callers
to the correct E91 1 tandem.
50.1.10.5 Pac-West shall ensure that its switch provides an
eight-digit ANI consisting of an information digit and
the seven-digit exchange code. Pac-West shall also
ensure that its switch provides the line number of the
calling station. In the event of a change in industry
standards, the Parties shall cooperate to incorporate
the changed standards in their respective networks.
50.1.10.6 Each ALI discrepancy report shall be jointly
researched by U S WEST and Pac-West. Corrective action
shall be taken immediately by the responsible party.
50.1.10.7 Technical specifications for E911 network interface
are available through U S WEST technical publication
77338. Technical specifications for database loading
and maintenance are available through the third party
database manager - SCC.
50.1.10.8 U S WEST shall begin restoration of E911 and/or E911
trunking facilities immediately upon notification of
failure or outage. U S WEST must provide priority
restoration of trunks or networks outages on the same
terms/conditions it provides itself and without the
imposition of Telecommunications Service Priority
(TSP).
50.1.10.9 U S WEST shall identify any special operator-assisted
calling requirements to support 911.
50.1.10.10 Trunking shall be arranged to minimize the likelihood
of central office isolation due to cable cuts or other
equipment failures. There will be an alternate means
of transmitting a 911 call to a PSAP in the event of
failures.
66
50.1.10.11 Circuits shall have interoffice, loop and carrier
system diversity when such diversity can be achieved
using existing facilities. Circuits will be divided as
equally as possible across available carrier systems.
Diversity will be maintained or upgraded to utilize
the highest level of diversity available in the
network.
50-1.10.12 Equipment and circuits used for 911 shall be monitored
at all times. Monitoring of circuits shall be done to
the individual circuit level. Monitoring shall be
conducted by U S WEST for trunks between the tandem
and all associated PSAPs.
50.1.10.13 Repair service shall begin immediately upon receipt of
a report of a malfunction. Repair service includes
testing and diagnostic service from a remote location,
dispatch of or in-person visit(s) of personnel.
Technicians will be dispatched without delay.
50.1.10.14 All 911 trunks must adhere to the Americans with
Disabilities Act requirements.
50.1.10.15 The Parties will cooperate in the routing of 911
traffic in those instances where the ALI/ANI I
information is not available on a particular 911 call.
50.1.10.16 Pac-West is responsible for network management of its
network components in compliance with the Network
Reliability Council Recommendations and meeting the
network standard of U S WEST for the 911 call
delivery.
50.1.11 Basic 911 and E911 Additional Requirements
50.1.11.1 All Pac-West lines that have been ported via INP shall
reach the correct PSAP when 911 is dialed. U S WEST
shall send both the ported number and the Pac-West
number (if both are received from Pac-West). The PSAP
attendant shall see both numbers where the PSAP is
using a standard ALI display screen and the PSAP
extracts both numbers from the data that is sent.
50.1.11.2 U S WEST shall work with the appropriate government
agency to provide Pac-West the ten-digit POTS number
of each PSAP which sub-tends each U S WEST E911 Tandem
to which Pac-West is interconnected.
50.1.11.3 U S WEST will provide Pac-West with the ten-digit
telephone numbers of each PSAP agency, for which U S
WEST provides the 911 function, to be used by Pac-West
operators for handling emergency calls in those
instances where the Pac-West Customer dials "0"
instead of 911.
50.1.11.4 Pac-West will provide U S WEST with the ten-digit
telephone numbers of each PSAP agency, for which
Pac-West provides the 911 function, to be used by U S
WEST operators for handling emergency calls in those
instances where the U S WEST Customer dials "0"
instead of "911."
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50.1.11.5 U S WEST shall notify Pac-West' 'Forty-eight (48)
hours in advance of any scheduled testing or
maintenance affecting Pac-West 911 service. and
provide notification as soon as possible of any
unscheduled outage affecting Pac-West 911 service.
50.1.11.6 Pac-West shall be responsible for reporting all
errors. defects and malfunctions to U S WEST. U S WEST
snail provide Pac-West with the point of contact for
reporting errors, defects, and malfunctions in the
service and shall also provide escalation contacts.
50.1.11.7 Pac-West may enter into subcontracts with third
parties. including Pac-West affiliates, for the
performance of any of Pac-West duties and obligations
stated herein.
50.1.11.8 U S WEST shall provide sufficient planning information
regarding anticipated moves to SS7 signaling for the
next twelve (12) months.
50.1.11.9 U S WEST shall provide notification of any pending
tandem moves, NPA splits, or scheduled maintenance
outages, with enough time to react.
50.1.11.10 U S WEST shall provide "reverse ALI" inquiries by
public safety entities, consistent with U S WEST's
practices and procedures.
50.1.11.11 U S WEST shall manage NPA splits by populating the ALI
database with the appropriate new NPA codes,
consistent with U S WEST's practices and procedures
for resold services.
50.1.11.12 U S WEST must provide the ability for Pac-West to
update the 911 database with end user information for
lines that have been ported via INP or NP.
50.1.11.13 The data in the ALI database shall be managed by U S
WEST but is the property of U S WEST and all
participating telephone companies.
50.1.12 Performance Criteria. E911 Database accuracy shall be as set
forth below:
50.1.12.1 Accuracy of ALI (Automatic Location Identification)
data submitted by Pac-West to U S WEST will be
measured jointly by the PSAPs and U S WEST. All such
reports shall be forwarded to Pac-West by U S WEST and
will indicate incidents when incorrect or no ALI data
is displayed. A report regarding any inaccuracy shall
be prepared by U S WEST.
50.1.12.2 Each discrepancy report will be jointly researched by
U S WEST and Pac-West. Corrective action will be taken
immediately by the responsible party.
50.1.12.3 Each party will be responsible for the accuracy of the
Customer records it provides.
50.2 Directory Assistance Service
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50.2.1 U S WEST shall provide for the routing of directory
assistance calls (including but not limited to 411,
555-1212, NPA-550-1212) dialed by Pac-West Customers
directly to either the Pac-West Directory Assistance Service
platform or U S WEST Directory Assistance Service platform
as specified by Pac-West
50.2.2 Pac-West Customers shall be provided the capability by U S
WEST to dial the same telephone numbers for access to
Pac-West Directory Assistance that U S WEST Customers to
access U S WEST Directory Assistance.
50.2.3 U S WEST shall provide Directory Assistance functions and
services to Pac-West for its Customers as described below
until, at Pac-West's discretion, U S WEST routes calls to
the Pac-West Directory Assistance Services platform.
50.2.3.1 U S WEST agrees to provide Pac-West Customers
with the same Directory Assistance service
available to U S WEST Customers.
50.2.3.2 U S WEST shall notify Pac-West in advance of
any changes or enhancements to its Directory
Assistance Service, and shall make available
such service enhancements on a
non-discriminatory basis to Pac-West.
50.2.3.3 U S WEST shall provide Directory Assistance to
Pac-West Customers in accordance with U S
WEST's internal operating procedures and
standards, which shall, at a minimum, comply
with accepted professional and industry
standards.
50.2.3.4 U S WEST shall provide Pac-West with the same
level of support for the provisioning of
Directory Assistance as U S WEST provides
itself.
50.2.3.5 Service levels shall comply, at a minimum,
with State Regulatory Commission requirements
for directory assistance.
50.2.3.6 U S WEST agrees to maintain an adequate
operator work force based on a review and
analysis of actual call attempts and
abandonment rate.
50.2.3.7 Subject to the provisions of the applicable
U S WEST collective bargaining agreements,
Pac-West shall participate in all call
monitoring activities available to U S WEST
and to remote call monitor as customarily
practiced by the outsource customers of call
centers.
50.2.3.8 U S WEST shall provide the following minimum
Directory Assistance capabilities to Pac-West
Customers:
(a) A maximum of two Customer listings
and/or addresses or U S WEST parity per
Pac-West Customer request.
(b) Name and address to Pac-West Customers
upon request, except for unlisted
numbers, in the same states where such
information is provided to U S WEST
Customers.
(c) For Pac-West customers who are served
exclusively through resold U S WEST
retail services, Pac-West may resell U S
WEST's Directory Assistance call
completion services to the
69
extent U S WEST offers call Directory
Assistance call completion to to its own
end users. For Pac-West customers who
are served from an Pac-West switch,
Pac-West may request Directory
Assistance call completion services
through the BFR process. Such BFR
process shall address the identification
of the Pac-West end user at the U S WEST
Directory Assistance Platform for
purposes of routing and billing of
intraLATA and interLATA toll calls.
(d) The U S WEST mechanized interface with
the U S WEST subscriber Listing database
is not available for Pac-West as of the
Effective Date of this Agreement. When
the mechanized interface is available, U
S WEST will populate the Directory
Assistance Database in the same manner
and in the same time frame as for U S
WEST Customers.
(e) Any information provided by a Directory
Assistance Automatic Response Unit (ARU)
shall be repeated the same number of
times for Pac-West Customers as for U S
WEST's Customers.
(f) When an Pac-West Customer served on a
resale or unbundled switching basis
requests a U S WEST directory assistance
operator to provide instant credit on a
directory assistance call, the U S WEST
directory assistance operator shall
inform the Pac-West Customer to call an
800 number for Pac-West Customer service
to request a credit. The accurate
identification of Pac-West as the
customer's local service provider by the
U S WEST directory assistance operator
requires the use of separate Pac-West
trunks to the Directory Assistance
Platform.
50.2.3.9 For resold lines and unbundled switching, U S
WEST shall provide data regarding billable events
as requested by Pac-West.
50.2.3.10 U S WEST agrees to (1) provide to Pac-West
operators, on line access to U S WEST's directory
assistance database equivalent to the access
provided to U S WEST operators; (2) allow
Pac-West or an Pac-West designated operator
bureau to license U S WEST's subscriber Listings
database on terms and conditions equivalent to
the terms and conditions upon which U S WEST
utilizes such databases; and (3) in conjunction
with branded or unbranded Directory Assistance
Service pursuant to Section 8 of this Part A of
this Agreement provide caller optional Directory
Assistance call completion service which is
comparable in every way to the Directory
Assistance call completion service U S WEST makes
available to its own users. Pac-West may, at its
option, request U S WEST not to provide call
completion services to Pac-West.
50.2.3.11 In addition to charges for directory assistance,
when call completion for an intraLATA toll call
is requested, the applicable charge for the
completion of such intraLATA toll call will
apply.
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50.3 Operator Services
50.3.1 U S WEST shall provide for the routing of local Operator
Services calls (including but not limited to 0+, 0-) dialed by
Pac-West Customers directly to either the Pac-West operator
service platform or U S WEST operator service platform as
specified by Pac-West.
50-3.2 Pac-West Customers shall be provided the capability by U S
WEST to dial the same telephone numbers to access Pac-West
operator service that U S WEST Customers dial to access U S
WEST operator service.
50-3.3 U S WEST shall provide Operator Services to Pac-West as
described below until, at Pac-West's discretion, U S WEST
routes calls to the Pac-West local Operator Services platform.
50.3.3.1 U S WEST agrees to provide Pac-West Customers the
same Operator Services available to U S WEST
Customers. U S WEST shall make available its
service enhancements on a non-discriminatory
basis.
50.3.3.2 U S WEST shall provide the following minimum
Operator Services capabilities to Pac-West
Customers:
(a) U S WEST shall complete 0+ and 0- dialed
local calls, including O-Coin, Automatic
Coin Telephone Service (ACTS) and the
completion of coin calls, the collection
of coins, and the provision of coin rates.
(b) U S WEST shall complete 0+ intraLATA and,
when offered, interLATA tall calls. The
Parties will cooperate to develop industry
standards to include the end user's PIC in
operator services signaling and the
development of associated routing
procedures.
(c) U S WEST shall complete calls for
Pac-West's Customers that are billed to
calling cards and other commercial cards
on the same basis as provided to U S WEST
own customers and Pac-West shall designate
to U S WEST the acceptable types of
special billing.
(d) U S WEST shall complete person-to-person
calls.
(e) U S WEST shall complete collect calls.
(f) U S WEST shall provide the capability for
callers to xxxx to a third party and
complete such calls.
(g) U S WEST shall complete station-to-station
calls.
(h) U S WEST shall process emergency calls.
(i) U S WEST shall process Busy Line Verify
and Busy Line Interrupt requests.
71
(j) U S WEST shall process emergency call trace in
accordance with its normal and customary
procedures.
(k) U S WEST shall process operator-assisted directory
assistance calls.
(1) U S WEST operators shall provide Pac-West
Customers with long distance rate quotes to the
extent U S WEST provides such rate quotes to its
own end users. Based on technology available as of
the Effective Date of this Agreement, the
provision of rate quotes to Pac-West Customers
requires a separate Pac-West trunk group to the
U S WEST operator services platform to identify
the caller as an Pac-West Customer.
(m) U S WEST operators shall provide Pac-West
Customers with time and charges to the extent U S
WEST provides such time and charges to its own end
users. Based on technology available as of the
Effective Date of this Agreement, the provision of
time and charges to Pac-West Customers requires a
separate Pac-West trunk group to the U S WEST
operator services platform to identify the caller
as an Pac-West Customer.
(n) U S WEST shall route 0- traffic to a "live"
operator team.
(o) Under the circumstances that U S WEST grants
credit to its customers for a U S WEST failure to
provide directory assistance services as required
by U S WEST tariffs or as U S WEST otherwise
grants credits on a discretionary basis to U S
WEST customers, U S WEST will, on a
non-discriminatory basis, (i) in connection with
resold services, provide an equivalent credit to
Pac-West or (iii) in connection with non-resold
services, provide Pac-West a credit in the amount
paid by Pac-West for the unbundled service.(43)
(p) U S WEST shall provide caller assistance for the
disabled in the same manner as provided to U S
WEST Customers.
(q) When available to U S WEST end users, U S WEST
shall provide operator-assisted conference calling
to Pac-West.
50.3.3 U S WEST shall exercise at least the same level of fraud
control in providing Operator Service to Pac-West that U
S WEST provides for its own operator service, where the
Pac-West fraud control data is in U S WEST's Line
Information Data Base ("LIDB").
50.3.4 U S WEST shall perform Billed Number Screening (BNS)
when handling collect, third party, and calling card
calls, both for station to station and person to person
call types.
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43 Per Recommendations at page 18, Issue 105.
72
50.3.5 Subject to the provisions of the applicable U S WEST
collective bargaining agreements, Pac-West shall be permitted
to participate in all call monitoring activities available to
U S WEST and to remote call monitor as customarily practiced
by the outsource customers of call centers.
50.3.6 U S WEST shall direct Customer account and other similar
inquiries to the Customer service center designated by
Pac-West.
50.3.7 U S WEST shall provide an electronic feed of Customer call
records in "EMR" format to Pac-West in accordance with the
time schedule mutually agreed between the Parties.
50.3.8 U S WEST shall update the LIDB for Pac-West Customers.
Additionally, U S WEST must provide access to LIDB for
validation of collect, third parry billed, and LEC card billed
calls.
50.3.9 Where INP is deployed and when a BLV/BLI request for a ported
number is directed to a U S WEST operator and the query is not
successful (i.e., the request yields an abnormal result),
Pac-West may request, through the BFR process, that the
operator confirm whether the number has been ported and direct
the request to the appropriate operator.
50.3.10 U S WEST shall allow Pac-West to order provisioning of
Telephone Line Number (TLN) calling cards and Billed Number
Screening (BNS), in its LIDB, for ported numbers, as specified
by Pac-West. U S WEST shall continue to allow Pac-West access
to its LIDB.
50-3.11 Toll and Assistance ("TIA") refers to functions Customers
associate with the "0" operator. Subject to availability and
capacity, access may be provided via operator services trunks
purchased from U S WEST or provided by Pac-West via
collocation arrangements to route calls to Pac-West's
platform.
50.3.12 Automated Branding - ability to announce the carrier's name to
the Customer during the introduction of the call.
50.3.13 Interconnection to the U S WEST Toll and Assistance Operator
Services from an end office to U S WEST T/A is technically
feasible at least at three (3) 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.
50.3.14 All trunk interconnections will be digital.
50.3.15 The technical requirements of operator services type trunks
and the circuits to connect the operator positions to the host
are covered in the Operator Services Switching Generic
Requirements ("OSSGR") Bellcore Document number FR-NWT-000271.
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50.3.16 Busy Line Verify and Interrupt
50.3.16.1 At the request of Pac-West operators or Customers, U S
WEST operators will perform Busy Line Verify ("BLV")
and/or Busy Line Interrupt ("BLI") operations where
such capacity exists.
50.3.16.2 When possible and where consistent with the service U S
WEST provides to its own Customers and/or end users,
U S WEST shall engineer its BLV/BLI facilities to
accommodate the anticipated volume of BLV/BLI requests
during the busy hour. Pac-West may, from time to time,
provide its anticipated volume of BLV/BLI requests to U
S WEST. In those instances when failures occur to
significant portions of the BLV/BLI systems and
databases and those systems and databases become
unavailable, U S WEST shall promptly Inform Pac-West.
50.3.16.3 BLV is performed when one Party's Customer requests
assistance from the other Party's operator or operator
bureau to determine if the called line is in use;
provided, however, that the operator bureau will not
complete the call for the Customer initiating the BLV
inquiry. Only one (1) BLV attempt will be made per
Customer operator bureau call, and a charge shall apply
whether or not the called party releases the line.
50.3.16.4 BLI is performed when one Party's Customer requests
assistance from the other Party's operator bureau to
interrupt 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
Customer initiating the BLI request. The operator
bureau will make only one (1) BLI attempt per Customer
operator telephone call and the applicable charge
applies whether or not the called party releases the
line.
50.3.16.5 Each Party's operator bureau shall accept BLV and BLI
inquiries from the operator bureau of the other Party
in order to allow transparent provision of BLV/ BLI
traffic between the Parties' networks.
50.3.16.6 Each Party shall route BLV/13LI Traffic inquiries over
direct trunks between the Parties' respective operator
bureaus. Unless otherwise mutually agreed, the Parties
shall configure BLV/BLI trunks over the Interconnection
architecture defined in Attachment 4 to this Agreement.
50.4 Directory Assistance and Listings Service Requests
50.4.1 These requirements pertain to U S WEST's Directory Assistance and
Listings Service Request process that enables Pac-West to (a)
submit Pac-West Customer information for inclusion in U S WEST
Directory Assistance and Directory Listings databases; (b) submit
Pac-West Customer information for inclusion in published
directories; and (c) provide Pac-West Customer delivery address
information to enable U S WEST to fulfill directory distribution
obligations.
50.4.1.1 (intentionally left blank for numbering consistency)
74
50.4.1.2 U S WEST will accept the following Directory Listing
Migration Orders from Pac-West, valid under all
access methods, including but not limited to,
Resale, Unbundled Network Elements and
Facilities-Based. and will process the orders in a
mechanized format:
(a) Migrate with no Changes: Maintain all directory
listings for the Customer in both Directory
Assistance and Directory Listing. Transfer
ownership and billing for listings to Pac-West.
(b) Migrate with Additions: Maintain all directory
listings for the customer in both Directory
Assistance and Directory Listing. Incorporate
the specified additional listings order.
Transfer ownership and billing for the listings
to Pac-West.
(c) Migrate with Deletions: Maintain all directory
listings for the Customer in both Directory
Assistance and Directory Listing. Delete the
specified listings from the listing order.
Transfer ownership and billing for the listings
to Pac-West.
50.4,1.3 The Directory Listings Migration Options should not
be tied to migration options specified for a related
service order (if any) such that a service order
specified as migration with changes may be submitted
along with a directory listing order specified as
migration with no changes.
50.4.1.4 U S WEST shall enable Pac-West to electronically
transmit multi-line listing orders.
50.4.1.5 U S WEST agrees to work cooperatively with Pac-West
to define specifications for, and implement a daily
summary report of, Directory Service Requests. The
summary information will include but is not limited
to the following information:
(a) White page listings text and format (name,
address, phone, title, designation, extra line
requirements
(b) Listing Instruction codes
50.4.1.6 To ensure accurate order processing, U S WEST shall
provide to Pac-West the following information, with
updates within one (1) Business Day of change and via
electronic exchange:
(a) A matrix of NXX to central office
(b) Geographical maps, if available, of U S WEST
service area
(c) A description of calling areas covered by each
directory, including but not limited to maps of
calling areas and matrices depicting calling
privileges within and between calling areas
(d) Listing format rules
(e) Listing alphabetizing rules
(f) Standard abbreviations acceptable for use in
listings and addresses
(g) Titles and designations
75
50.4.1.2 U S WEST will accept the following Directory Listing
Migration Orders from Pac-West. valid under ail
access methods. including but not limited to. Resale,
Unbundled Network Elements and Facilities-Based. and
will process the orders in a mechanized format:
(a) Migrate with no Chances: Maintain all
directory listings for the Customer in both
Directory Assistance and Directory Listing.
Transfer ownership and billing for listings
to Pac-West.
(b) Migrate with Additions: Maintain ail directory
listings for the customer in both Directory
Assistance and Directory Listing. Incorporate
the specified additional listings order.
Transfer ownership and billing for the
listings to Pac-West.
(c) Migrate with Deletions: Maintain ail directory
listings for the customer in both Directory
Assistance and Directory Listing. Delete the
specified listings from the listing order.
Transfer ownership and billing for the
listings to Pac-West.
50.4.1.3 The Directory Listings Migration Options should not
be tied to migration options specified for a related
service order (if any) such that a service order
specified as migration with changes May be submitted
along with a directory listing order specified as
migration with no changes.
50.4.1.4 U S WEST shall enable Pac-West to electronically
transmit multi-line listing orders.
50.4.1.5 U S WEST agrees to work cooperatively with Pac-West
to define specifications for, and implement a daily
summary report of, Directory Service Requests. The
summary information will include but is not limited
to the following information:
(a) White pace listings text and format (name,
address, phone, title, designation, extra line
requirements
(b) Listing Instruction codes
50.4.1.6 To ensure accurate order processing, U S WEST shall
provide to Pac-West the following information, with
updates within one (1) Business Day of change and
via electronic exchange:
(a) A matrix of NXX to central office
(b) Geographical maps. if available, of U S WEST
service area
(c) A description of calling areas covered by each
directory, including but not limited to maps
of calling areas and Matrices depicting
calling privileges within and between calling
areas
(d) Listing format rules
(e) Listing alphabetizing rules
(f) Standard abbreviations acceptable for use in
listings and addresses
(g) Titles and designations
75
50.4.1.7 Based on changes submitted by Pac-West, U S WEST
shall update and maintain Directory Assistance
and Directory Listings data for Pac-West
Customers who:
(a) Disconnect Service
(b) Change carrier
(c) Install Service
(d) Change any service which affects
Directory Assistance information
(e) Specify Non-Solicitation
(f) Are Non-Published, Non-Listed, or Listed
50.4.1.8 U S WEST shall not charge for storage of Pac-West
Customer information in the Directory Assistance
and Directory Listing systems.
50.4.1.9 Pac-West shall not charge for storage of U S WEST
Customer information in the Directory Assistance
and Directory Listing systems.
50.5 Directory Assistance Data
50.5.1 This Section refers to the residential, business, and
government Customer records used by U S WEST to create and
maintain databases for the provision of live or automated
operator assisted Directory Assistance. Directory Assistance
data is information that enables telephone exchange carriers
to swiftly and accurately respond to requests for directory
information, including, but not limited to, name, address and
phone numbers. Under the provisions of the Act and the FCC's
Interconnection Order, U S WEST shall provide unbundled and
non-discriminatory access to the residential, business and
government Customer records used by U S WEST to create and
maintain databases for the provision of live or automated
operator assisted Directory Assistance. Pac-West may combine
this element with any other Network Element for the provision
of any Telecommunications Service.(44)
50.5.2 U S WEST shall provide an initial load of Customer records and
Customer list information to Pac-West, in a mutually-agreed-to
format, via electronic transfer, within thirty (30) calendar
days of the Effective Date of this Agreement The initial load
shall include all data resident in the U S WEST Databases
and/or systems used by U S WEST for housing Directory
Assistance data and/or Customer Listing data. In addition, the
initial load shall be current as of the prior Business Day on
which the initial load is provided.
50.5.3 U S WEST shall provide Pac-West daily updates to the Customer
records and Customer list information in a mutually-agreed-to
format via electronic transfer.
50.5.4 U S WEST shall provide the ability for Pac-West to
electronically query the U S WEST Directory Assistance
Database and Listings Database in a manner at least consistent
with and equal to that which U S WEST provides to itself or
any other Person.
50.5.5 U S WEST shall provide an initial load of Customer records and
Customer list information to Pac-West, in a mutually-agreed-to
format, via electronic transfer,
----------
44 Per Order at page 32, Issue 63.
76
within thirty (30) calendar days of the Effective
Date of this Agreement The initial load shall include
ail data resident in the U S WEST Databases and/or
systems used by U S WEST for housing directory
assistance data and/or Customer Listing data. In
addition, the initial load shall be current as of the
prior Business Day on which the initial load is
provided.
50.5.6 U S WEST shall provide Pac-West daily updates to the
Customer records and Customer list information in a
mutually-agreed-to format via electronic transfer.
50.5.7 U S WEST shall provide the ability for Pac-West to
electronically query the U S WEST Directory
Assistance Database and Listings Database in a manner
at least consistent with and equal to that which U S
WEST provides to itself or any other Person.
50.5.8 U S WEST shall provide Pac-West a complete list of
ILECs, CLECs. and independent telephone companies
that provided data contained in the database.
50.5.9 On a daily basis, U S WEST shall provide updates (end
user and mass) to the Listing information via
electronic data transfer. Updates shall be current as
of one business day prior to the date provided to
Pac-West.
50.5.10 U S WEST shall provide Pac-West access to Directory
Assistance support databases. For example, Pac-West
requires access to use restriction information
including but not limited to call completion.
50.5.11 Directory Assistance data shall specify whether the
Customer is a residential, business, or government
Customer. Additionally, data must include all levels
of indentation and all levels of information
specified in "Directory Assistance Data Information
Exchanges and Interfaces' below.
50.5.12 Directory Assistance data shall be provided on the
same terms, conditions, and rates that U S WEST
provides such data to itself or other third parties.
50.5.13 U S WEST shall provide complete refresh of the
Directory Assistance data upon request by Pac-West
50.5.14 U S WEST and Pac-West will cooperate in the
designation of a location at which the data will be
provided.
51. Unused Transmission Media(45)
51.1 Definitions
51.1.1 Unused Transmission Media is physical inter-office
transmission media (e.g., optical fiber, copper
twisted pairs, coaxial cable) which have no lightwave
or electronic transmission equipment terminated to
such media to operationalize transmission
capabilities.
51.1.2 Dark fiber is excess fiber optic cable which has been
placed in a network and is not currently being lit by
electronics from any
----------
45 Per Order at pages 11 -12, Issue 22.
77
carrier. Dark Fiber, one type of Unused Transmission Media, is
unused strands of optical fiber. Dark Fiber also includes
strands of optical fiber which may or may not have lightwave
repeater (regenerator or optical amplifier) equipment
interspliced, but which has no line terminating facilities
terminated to such strands. Unused Transmission Media also
includes unused wavelengths within a fiber strand for purposes
of coarse or dense wavelength division multiplexed (WDM)
applications. Typical single wavelength transmission involves
propagation of optical signals at single wavelengths (1.3 or
1.55 micron wavelengths). In WDM applications, a WDM device is
used to combine optical signals at different wavelengths on to
a single fiber strand. The combined signal is then transported
over the fiber strand. For coarse WDM applications, one (1)
signal each at 1.3 micron and 1.55 micron wavelength are
combined. For dense WDM applications, many signals in the
vicinity of 1.3 micron wavelength and/or 1.55 micron
wavelength are combined.
51.2 While U S WEST is not required to provide Unused Transmission
Media, other than Dark Fiber,(46) Pac-West may, subject to the
agreement of U S WEST, lease copper twisted pairs, coaxial cable
or other Unused Transmission Media.
51.3 Requirements
51.3.1 Subject to Section 51.2 above, U S WEST shall make
available Unused Transmission Media to Pac-West under a
lease agreement or other arrangement.
51.3.2 U S WEST shall provide a single point of contact for
negotiating all Unused Transmission Media use
arrangements.
51.3.3 Pac-West may test the quality of the Unused Transmission
Media to confirm its usability and performance
specifications.
51.3.4 Where Unused Transmission Media is required to be offered
or is agreed to be offered by U S WEST, U S WEST shall
provide to Pac-West information regarding the location,
availability and performance of Unused Transmission Media
within ten (10) Business Days for a records-based answer
and twenty (20) Business Days for a field- based answer,
after receiving a request from Pac-West ("Request").
Within such time period, U S WEST shall send written or
electronic confirmation or any other method of
notification agreed to by the Parties of availability of
the Unused Transmission Media ("Confirmation").
----------
46 Per Order at pages 11-12, Issue 22.
78
51.3.5 Where Unused Transmission Media is required to be offered or
is agreed to be offered by U S WEST, U S WEST shall make
Unused Transmission Media available for Pac-West's use in
accordance with the terms of this Section 51 within twenty
(20) Business Days or a reasonable timeframe consistent with
industry standards after it receives written acceptance from
Pac-West that the Unused Transmission Media is wanted for use
by Pac-West. Splicing of Pac-West fiber may be performed at
the same points that are available for U S WEST splices.
51.4 Requirements Specific to Dark Fiber
51.4.1 Pac-West may test Dark Fiber leased from U S WEST using
Pac-West or Pac-West designated personnel subject to Section
51.2. U S WEST shall provide appropriate interfaces to allow
testing of Dark Fiber. U S WEST shall provide an excess cable
length of twenty-five (25) feet minimum, where available, for
fiber in underground conduit. U S WEST shall provide splicing
of Pac-West fiber to U S WEST Dark Fiber under normal
circumstances (e.g., no construction) in metropolitan areas
within seventeen (17) calendar days of Pac-West's request, and
within thirty (30) calendar days of a request in a
non-metropolitan area. Pac-West may request expedited
splicing, which shall be subject to available U S WEST
resources.
51.4.2 For WDM applications, U S WEST shall provide to Pac-West an
interface to an existing WDM device or allow Pac-West to
install its own WDM device (where sufficient system loss
margins exist or where Pac-West provides the necessary loss
compensation) to multiplex the traffic at different
wavelengths. This applies to both the transmit and receive
ends of the Dark Fiber.
51.5 For the period beginning at the time of the Request and ending ninety
(90) days following Confirmation, U S WEST shall reserve such Dark
Fiber for Pac-West and shall not allow any use thereof by any Party,
including U S WEST. Pac-West shall elect whether or not to accept such
Dark Fiber within the ninety (90) day period following Confirmation.
Pac-West may accept such Dark Fiber by sending written notice to U S
WEST ("Acceptance"). If Pac-West requests reservation of Dark Fiber, U
S WEST may charge a reservation fee in an amount mutually agreed upon
by the Parties. Pac-West's obligation to pay a reservation fee shall
begin on the date of the Confirmation. If the Parties are unable to
agree on a reasonable reservation fee, the fee shall be established
pursuant to the dispute resolution process in Section 27 of Part A of
this Agreement Pac-West shall begin payment for the use of Dark Fiber
upon the date of its timely Acceptance. If Pac-West fails to send a
timely Acceptance, its reservation shall be released. If U S WEST
agrees to provide Unused Transmission Media other than Dark Fiber
79
to Pac-West, it shall do so on the same terms and conditions as stated
in this section.(47)
U S WEST may not reserve future capacity of its Dark Fiber for its own
use,(48) with the exception of maintenance and emergency spare.(49)
51.6 Portions of the bandwidth of the fiber may be sectioned and
Pac-West may share the bandwidth with U S WEST and other
CLECs.
52. Service Standards(50)
U S WEST will provide all Local Resale, Ancillary Functions, Network
Elements or Combinations in accordance with service standards,
measurements, and performance requirements that are expressly specified
in this Agreement and Attachment 5 hereto. In cases where such
performance standards are not expressly specified, U S WEST will
provide all Local Resale, Ancillary Functions, Network Elements or
Combinations in accordance with performance standards which are at
least equal to the level of performance standards and/or quality of
service that U S WEST provides to itself, its Affiliates, to other
CLECs, or other quality of service requirements imposed by the
Commission, whichever is higher, in providing Local Resale, Ancillary
Functions, Network Elements or Combinations to itself, to its end-users
or to its Affiliates. If Pac-West requests a higher level of service
than that provided by U S WEST to itself or other Persons, Pac-West
shall make the request pursuant to the BFR process.
52.1 Definitions
The following service standards may be supplanted or
supplemented by a Commission decision in a proceeding
conducted for the purpose of determining the appropriate
performance standards or the applicability of penalties
relative to U S WEST's compliance with this Agreement, the Act
or the Commission's orders.(51)
52.1.1 "Specified Performance Commitment!' means the
commitment by U S WEST to meet the Performance
Criteria for any Specified Activity during the
Specified Review Period. The Specified Review Period
shall be the same period as U S WEST provides itself
for existing Performance Criteria and shall be ninety
(90) days for new Performance Criteria. The standard
of performance for each of the measurements of
performance in Washington shall be the quality of
service which U S WEST provides in Washington to
either itself, its ten largest end user Customers in
the aggregate, independent LECs in the aggregate,
other CLECs in the aggregate, or other quality of
service requirements imposed by the Commission,
whichever is highest
----------
47 Per Recommendation at pages 19-20, Issue 138.
48 Per Order at page 11, Issue 22.
49 Per Recommendation at page 20, Issue 138.
50 Per Order at pages 34-36, Issue 69.
51 Per Order at pages 34-36, Issue 69.
80
52.1.2 "Specified Activity" includes, but is not limited to,
the following activities:
(a) Installation Activities - apply to resold
services, unbundled loops, unbundled
switching, and interim number portability:
(i) Installation Intervals Offered
(measured from application date to
original due date);
(ii) Installation Commitments Met;
(iii) Installation Reports within seven (7)
days (percent of reports per total of
new, to or change orders).
(b) Repair Activities - apply to resold service,
unbundled loops, unbundled switching, and
interim number portability:
(i) Out of Service Cleared in Less than
Twenty-four (24) Hours (percent of
total out of service reports);
(ii) Report Rate per 100 Access Lines;
(iii) Repair Commitments Met;
(iv) Out of Service and Service Affecting
Cleared in Less than Forty-eight (48)
Hours;
(v) Repair Repeat Reports within Thirty
(30) Days (Percent of Repeats per 100
Access Lines).
(c) Trunking Activities - includes interconnection
trunks:
(i) Defects per One Million Calls
(Dedicated Facilities/Trunkside only).
52.1.3 "Performance Criteria" means, with respect to a
Specified Review Period (i.e., a calendar month or
quarter), the performance by U S WEST for each
Specified Activity for Pac-West will meet or exceed U
S WEST's overall average performance (as provided by
U S WEST to itself, to CLECs and to all other
Persons) for each Resale Service or unbundled Network
Element
52.2 Failure to Meet the Performance Criteria
If, during a Specified Review Period, U S WEST fails to meet
the Performance Criteria, U S WEST will use its best efforts
to meet the Performance Criteria for the next Specified Review
Period. If U S WEST fails to meet the Performance Criteria for
two (2) consecutive periods, the Parties agree, in good faith,
to attempt to resolve such issues through negotiation or
nonbinding arbitration. This paragraph shall not be construed
to waive either
81
Party's right to seek legal or regulatory intervention as provided by
state or federal law. Pac-West may seek regulatory or other legal
relief including requests for specific performance of U S WEST's
obligations under this Agreement
52.3 Limitations
U S WEST's failure to meet or exceed any of the Performance
Criteria cannot be as a result directly or indirectly, of a
Delaying Event A "Delaying Event" means (a) a failure by
Pac-West to perform any of its obligations set forth in this
Agreement, (b) any delay, act or failure to act by a Customer,
agent of subcontractor of Pac-West, or (c) any force majeure
event. If a Delaying Event prevents U S WEST from performing a
Specified Activity, then such Specified Activity shall be
excluded from the calculation of U S WEST's -compliance with
the Performance Criteria.
52.4 Records
U S WEST shall maintain complete and accurate records, for the
Specified Review Period, of its performance under this
Agreement for each Specified Activity and its compliance with
the Performance Criteria. U S WEST shall provide to Pac-West
such records in a self-reporting format. The Parties agree
that such records shall be deemed Proprietary Information.
53. Entire Agreement
53.1 This Agreement shall include the Attachments, Appendices and
other documents referenced herein all of which are hereby
incorporated by reference, and 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.
53.2 If a provision contained in any U S WEST tariff conflicts with
any provision of this Agreement, the provision of this
Agreement shall control, unless otherwise ordered by the FCC
or the Commission.
54. Reservation of Rights
54.1 The Parties acknowledge that the terms of this Agreement were
established pursuant to an order of the Commission. Any or all
of the terms of this Agreement may be altered or abrogated by
a successful challenge to this Agreement (or the order
approving this Agreement) as permitted by applicable law. By
signing this Agreement, neither Party waives its right to
pursue such a challenge.
54.2 The Parties enter into this Agreement without prejudice to any
position they may 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
82
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
Pac-West Telecomm, Inc.** U S WEST Communications, Inc.**
/s/ Xxxx X. Xxxxxxx /s/ Xxxxx Xxxxxx
-------------------------------- ----------------------------------
Signature *Signature
Xxxx X. Xxxxxxx Xxxxx Xxxxxx
-------------------------------- ----------------------------------
Name Printed/Typed Name Printed/Typed
Vice President - Regulation Director
-------------------------------- ----------------------------------
Title Title
8/13/99 9/2/99
-------------------------------- ----------------------------------
Date Date
* Signed as ordered by the
arbitrator/commission in Docket No.
UT-960309. Signature does not indicate
agreement with all aspects of the
arbitrator's decision, nor does it
waive any of U S WEST's right to seek
judicial review of all or part of the
agreement, or to reform the agreement
to conform with the Opinion of the
United States Court of Appeals for the
Eighth Circuit, or any other decision
or opinion following successful
judicial review.
** This Agreement is made pursuant to Section 252 (i) of the Act and is
premised upon the Interconnection Agreement between AT&T Communications of the
Pacific Northwest. Inc., a Washington corporation and U S WEST Communications,
Inc. (the "Underlying Agreement"). The Underlying Agreement was approved by
the Commission on July 11, 1997.
With respect to this Agreement, the Parties understand and agree:
i) The Parties shall request the Commission to expedite its review and
approval of this Agreement.
ii) Notwithstanding the mutual commitments set forth herein, the Parties
are entering 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 those relating to the types
of arrangements contained in this Agreement. During the proceeding in which the
Commission is to review and approve the Agreement, U S WEST may point out that
it has objected, and continues to object, to the inclusion of the terms and
conditions to which it objected in the proceedings involving the approval of the
Underlying Agreement.
83
iv) This Agreement contains provisions based upon the decisions and orders
of the FCC and the Commission under and with respect to the Act. Currently,
court and regulatory proceedings affecting the subject matter of this Agreement
are in various stages, including the proceedings where certain of the rules and
regulations of the FCC are being challenged. In addition, there is
uncertainty in the aftermath of the Supreme Court's decision in AT&T Corp. et
al. v. Iowa Utilities Board. Based on that uncertainty, and the regulatory and
judicial proceedings which will occur as a result of that decision, the Parties
acknowledge that this Agreement may need to be changed to reflect any changes
in law. The Agreement has not been corrected to reflect the requirements, claims
or outcomes of any of the Proceedings, although the pricing does reflect the
Commission's most current generic order, if any. Accordingly, when a final,
decision or decisions are made in the Proceedings that automatically change and
modify the Underlying Agreement, then like changes and modifications will
similarly be made to this Agreement. In addition, to the extent rules or laws
are based on regulatory or judicial proceedings as a result of the recent
Supreme Court decision, this Agreement will be amended to incorporate such
changes.
v) Subsequent to the execution of this Agreement, the FCC or the Commission may
issue decisions or orders that change or modify the rules and regulations
governing implementing of the Act. If such changes or modifications alter the
state of the law upon which the Underlying Agreement was negotiated and agreed,
and it reasonably appears that the parties to the Underlying Agreement would
have negotiated and agreed to different term(s) condition(s) or covenant(s) than
as contained in the Underlying Agreement had such change or modification been in
existence before execution of the Underlying Agreement, then this Agreement
shall be amended to reflect such different terms(s), condition(s), or
covenant(s). Where the parties fail to agree upon such an amendment, it shall be
resolved in accordance with the Dispute Resolution provision of this Agreement.
84
Attachment 1
TABLE OF CONTENTS
1. General Principles .....................................................2
2. Resale Rates and Charges ...............................................2
3. Construction and Implementation Costs ..................................3
4. Network Elements........................................................4
5. Transport and Termination ..............................................4
6. Number Portability .....................................................5
7. Collocation - Physical and Virtual .....................................5
RATES and CHARGES
1. General Principles
1.1 All rates provided under this Agreement shall remain in effect
for the term of this Agreement unless they are not in
accordance with all applicable provisions of the Act, the
rules and regulations of the FCC, or the Commission's rules
and regulations.
1.2 Except as otherwise specified in this Agreement, as approved
or ordered by the Commission, or as agreed to by the Parties
through good faith negotiations, nothing in this Agreement
shall prevent a Party through the dispute resolution process
described in this Agreement from seeking to recover the costs
and expenses, if any, it may incur in (a) complying with and
implementing its obligations under this Agreement, the Act,
and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical
installation and maintenance of any systems or other
infrastructure which it requires to comply with and to
continue complying with its responsibilities and obligations
under this Agreement.
1.3 The rates in this Agreement are interim in nature. Such rates
are as described in the Interim Pricing Schedule attached as
Attachment I (the "Pricing Schedule"). Permanent rates will be
established by the Commission in its generic costing and
pricing Docket UT-960369.(1)
2. Resale Rates and Charges
All services that U S WEST provides at retail to subscribers who are
not Telecommunications Carriers shall be provided at wholesale rates as
provided in the Pricing Schedule.
2.1 A Customer Transfer Charge (CTC) as specified in the Pricing
Schedule applies when transferring any existing account or
lines to Pac-West.(2)
2.2 (Intentionally left blank for numbering consistency)
2.3 If the resold services are purchased pursuant to tariffs and
the tariff rates change, charges billed to Pac-West for such
services will be based upon the new tariff rates less the
applicable wholesale discount as agreed to herein. The new
rate will be effective upon the tariff effective date.
2.4 A Subscriber Line Charge (SLC) will continue to be paid by
Pac-West without discount for each local exchange line resold
under this Agreement. All federal and state rules and
regulations associated with SLC or as found in the applicable
tariffs also apply.
2.5 Pac-West will pay to U S WEST the PIC change charge without
discount associated with Pac-West end user changes of
inter-exchange or intraLATA carriers.
----------
1 Per Order at page 3.
2 Per Supplemental Order at 3. See also, Order at page 24.
Page 2
2.6 Pac-West agrees to pay U S WEST at the wholesale discount rate
when its end user activates any services or features that are
billed on a per use or per activation basis (e.a., continuous
redial, last call return, call back calling, call trace,
etc.). U S WEST shall provide Pac-West with detailed billing
information per applicable OBF standards unless otherwise
agreed to by the Parties as necessary to permit Pac-West to
xxxx its end users such charges.
2.7 (Intentionally left blank for numbering consistency)
2.8 Nonrecurring charges will be billed as approved by the
Commission.
2.9 (Intentionally left blank for numbering consistency)
2.10 (Intentionally left blank for numbering consistency)
2.11 Resale prices shall be wholesale rates determined on the basis
of retail rates charged to subscribers for the
Telecommunications Service requested, excluding the portion
thereof attributable to any marketing, billing, collection and
other costs that will be avoided by U S WEST, as specified in
the Act, by the FCC and the Commission. U S WEST shall be
obligated to offer its volume and term discount service plans
to Pac-West provided that Pac-West complies with the volume
and term requirements contained therein. If selected by
Pac-West, Pac-West will receive either the volume discounted
rate or 16 percent (off the original retail rate), whichever
is the larger discount With the exception of the preceding,
Pac-West shall not be required to agree to volume or term
commitments as a condition for obtaining Local Resale.(3)
2.12 U S WEST shall xxxx Pac-West and Pac-West is responsible for
all applicable charges for the Resale Services. Pac-West shall
be responsible for all charges associated with services that
Pac-West resells to an end user.
3. Construction and Implementation Costs
3.1 U S WEST may assess Pac-West up-front, nonrecurring charges
for construction costs associated with a service only if U S
WEST assesses its own end users such charges for similar
construction and also demonstrates to the Commission that it
is customary industry practice to charge end users for similar
costs. If a tariff exists, such charges are deemed to be a
customary industry practice. U S WEST shall not double recover
nonrecurring construction charges. If another CLEC or U S WEST
receives a benefit from the construction or other activity for
which Pac-West is charged, Pac-West is entitled to recover
contribution from the CLEC, or, if applicable, U S WEST as a
beneficiary, for a share of the costs.(4)
3.2 (Intentionally left blank for numbering consistency)
3.3 (Intentionally left blank for numbering consistency)
----------
3 Per Order at page 19, Issue 33.
4 Per Order at pages 22-23, Issue 39.
Page 3
3.4 A quote for the Pac-West portion of a specific job will be
provided to Pac-West. The quote will be in writing and will be
binding for ninety (90) days after the issue date. When
accepted, Pac-West will be billed the quoted price and
construction will commence after receipt of payment. If
Pac-West chooses not to have U S WEST construct the
facilities, U S WEST reserves the right to xxxx Pac-West for
the expense incurred for producing the engineered job design.
3.5 Pac-West shall make payment of fifty percent (50%) of the
nonrecurring charges and fees upon acceptance of the quotation
with the remainder due upon completion of the construction. In
the event that Pac-West disputes the amount of U S WEST's
proposed construction costs, Pac-West shall deposit fifty
percent (50%) of the quoted construction costs into an
interest bearing escrow account prior to the commencement of
construction. The remainder of the quoted construction costs
shall be deposited into the escrow account upon completion of
the construction. Upon resolution of the dispute, the escrow
agent shall distribute amounts in the account in accordance
with the resolution of such dispute and any interest that has
accrued with respect to amounts in the account shall be
distributed proportionately to the Parties. The pendency of
any such dispute shall not affect the obligation of U S WEST
to complete the requested construction.
4. Network Elements
4.1 U S WEST shall not be required to deaverage rates for
unbundled network elements unless rates for retail services
are deaveraged.(5)
4.2 Unbundled network elements not required by this Agreement will
be acquired pursuant to the BFR process and will be priced at
TELRIC with a reasonable allocation of forward looking common
costs.(6)
4.3 (Intentionally left blank for numbering consistency)
4.4 (Deleted per Arbitrators Recommendations(7)
4.5 Pricing for Toll and Assistance Operator Services shall be
determined upon request.
5. Transport and Termination
5.1 The parties will utilize xxxx and keep as a reciprocal
compensation mechanism until otherwise agreed between the
parties or ordered by the Commission.(8)
5.2 In the event xxxx and keep is terminated and the Parties have
not agreed on reciprocal compensation arrangements to replace
xxxx and keep or the Commission has not ordered replacement
arrangements, the determination of an appropriate reciprocal
compensation
----------
5 Per Order at pages 44-45, Issue 75.
6 Per Order at page 46, Issue 79.
7 Per Recommendations at pages 3-7, Issues 29-32.
8 Per Order at page 47, Issues 81-90.
Page 4
mechanism shall be resolved in accordance with the dispute
resolution procedures described in Section 27.
6. Number Portability
6.1 In regard to pricing of Interim Number Portability ("INP"),
any allocation of costs shall be in a competitively neutral
manner, and the total costs of RCF or of any other INP
methodology shall, if not accommodated on a xxxx and keep
basis, be allocated in proportion to all telecommunications
carriers share of active working numbers.(9)
6.2 Access charges for terminating IntraLATA toll and InterLATA
minutes shall be recovered by each Party's billing Inter
Exchange Carriers (IXCs) separately for each Party's portion
of the access charges, based on the functions and facilities
provided by carrier for call forwarding and termination. In
calculating such recovery based upon the functions and
facilities provided by a carrier, it shall be recognized that
U S WEST may receive compensation for INP costs by means of
the methodology outlined in Section 6.1 preceding.(10)
6.3 U S WEST shall recover the non-recurring cost of interim
number portability from Pac-West. The non-recurring charges
for INP are provided in the Pricing Schedule.
6.4 Pac-West may request U S WEST to provide Pac-West call detail
records identifying each IXC which are sufficient to allow
Pac-West to render bills to IXCs for calls IXCs place to
ported numbers in the U S WEST network which U S WEST forwards
to Pac-West for termination. To the extent U S WEST is unable
to provide billing detail information within a reasonable time
frame, the Parties may agree on an interim method to share
access revenues pursuant to a mutually agreed upon surrogate
approach.
7. Collocation - Physical and Virtual
See Pricing Schedule, attached to this Attachment.
----------
9 Per Order at page 26, Issue 51.
10 Per Order at pages 26-27, Issue 51.
Page 5
Attachment 1 - Pricing Schedule
U S WEST and PAC-WEST
INTERIM PRICING SCHEDULE
RESALE
Wholesale Discount Rate 16%
Customer Transfer Charge - per Line 5.00
UNBUNDLED NETWORK ELEMENTS
Unbundled Loop
Network Interface Device $ 0.53
Unbundled Loop - Recurring - per Line per Month $ 11.33
Unbundled Loop - Residential Non-Recurring Charge $ *
Unbundled Loop - Business Non-Recurring Charge $ *
* Note: Per the Commission's Approval at page 13, paragraph
H, the interim rate for an unbundled loop shall equal the
existing retail non recurring charge minus the avoided cost
discount. The Residential charge would be the 1 FR tariffed
rate minus the 16% wholesale discount and the Business
charge would be the 1 FB rate minus the 16% wholesale
discount.
Local Switching
Port - per Line per Month $ 1.04
Usage - per Minute $ 0.0018
Transport
Dedicated Transport
DSO - per Month 4.26
DS1 Fixed Per Mile
----- --------
0 Miles None None
Over 0 to 8 Miles $ 41.72 $ 0.67
Over 8 to 25 Miles $ 41.72 $ 0.84
Over 25 to 50 Miles $ 41.73 $ 2.97
Over 50 Miles $ 41.73 $ 3.49
DS3 Fixed Per Mile
----- --------
0 Miles None None
Over 0 to 8 Miles S 283.30 $ 13.83
Over 8 to 25 Miles $ 284.17 $ 15.03
Over 25 to 50 Miles $ 291.31 $ 39.19
Over 50 Miles $ 293.91 $ 44.74
Page 6
Attachment 1 -Pricing Schedule
Multiplexing - per Arrangement
DS1 to DS3 - Recurring $ 218.58
DS1 to DS3 - Non-Recurring $ 418.45
Tandem Switched Transport
Tandem Switching - per Minute $ 0.0014
Tandem Transmission Per Minute Per Minute Per Mile
---------- -------------------
0 Miles None None
Over 0 to 8 Miles $ 0.000411 $ 0.000009
Over 8 to 25 Miles $ 0.000411 $ 0.000007
Over 25 to 50 Miles $ 0.000408 $
Over 50 Miles $ 0.000409 $ 0.000015
Tandem Switching - per Minute $ 0.0014
Signaling
Signaling Link - per Link per Month $ 45.81
Signaling Link - First Link - Non-Recurring $ 504.68
Signaling Link - Each Additional Link - Non-Recurring $ 72.42
Note: Per the Commission's letter dated July 18, 1997,
stating that the Commission's Approval also adopted U S
WEST's proposed Signaling Link Non-Recurring Charges.
Signal Transfer Point - per Message $ 0.00004
Service Control Point / Database - per Message $ 0.00095
Operator Systems
Directory Assistance - per Line per Month $ 0.14106
Busy Line Verify - per Call $ 0.72
Busy Line Interrupt - per Call $ 0.87
Transport and Termination Xxxx and Keep
INTERIM NUMBER PORTABILITY
Non-Recurring
Service Establishment - per Switch per Route $ 43.80
Service Establishment - Additional Number Ported or changes to existing
Number - per Number Ported $ 9.49
Additional and Consecutive Numbers Ported on same account name and
Consecutive Numbers - per Number Ported $ 7.05
Page 7
Attachment 1 - Pricing Schedule
VIRTUAL AND PHYSICAL COLLOCATION
Quote Preparation Fee $ 2,437.30
Recurring Non-Recurring
--------- -------------
Entrance Facility - 2 fibers $ 2.07 $ 1,307.45
2-wire DSO EICT $ 1.41 $ 339.61
4-wire DSO EICT $ 1.79 $ 339.61
DS1 EICT $ 9.12 S 405.02
DS3 EICT $ 31.93 $ 433.23
DS1 EICT - regeneration $ 14.38 S 405.02
DS3 EICT - regeneration $ 94.24 S 433.23
Non-Recurring
-------------
Entrance Enclosure
Manhole - per Month per Manhole $ 27.61 ***
Handhold - per Month per Handhold $ 15.22 ***
Conduit and Interduct from Entrance Enclosure to Cable Vault - per Foot per Month $ 0.42 ***
Core Drill - per Core $ 363.13 ***
Riser from Cable Vault to Customer Designated Equipment - per Foot per Month $ 0.47 ***
Fiber Optic Cable (24 fiber increments) - per Foot per Month $ 0.05 ***
Fiber Cable Placement in Conduit and Riser - per Foot $ 1.66 ***
Copper Cable per 25 pair - per Month $ 0.012 ***
Copper Cable Splicing - per Splice $ 91.27 ***
Copper Cable Placement in Conduit and Riser - per Foot $ 1.66 ***
Coax Cable RG59 - per Foot per Month $ 0.20 ***
Note: Per the Commission's Approval at page 13, paragraph 1, to
the extent there is any conflict between these prices and the
previous collocation prices, the previous prices shall apply.
Cable Splicing
Per Setup S 103.59
Per Fiber Spliced $ 12.95
48 Volt Power - per Ampere per Month $ 13.45
48 Volt Power Cable Recurring Non-Recurring
--------- -------------
20 Ampere Capacity 0.15 $ 68.37
40 Ampere Capacity $ 0.20 $ 92.71
60 Ampere Capacity $ 0.22 $ 104.42
Equipment Bay - per Shelf $ 8.58
Regular Hours After Hours
------------- -----------
Inspector - per 1/2 Hour $ 28.62 $ 37.20
Training - per 1/2Hour $ 25.36 None
Engineering - per %Hour $ 24.73 $ 33.09
Installation - per 1/2Hour $ 28.62 $ 37.20
Maintenance - per %Hour $ 25.36 $ 33.73
Page 8
Attachment 1 - Pricing Schedule
Rent (w/ Maintenance) - per square foot - Zone 1 $ 2.75
Rent (w/ Maintenance) - per square foot - Zone 2 $ 2.26
Rent (w/ Maintenance) - per square foot - Zone 3 $ 2.06
Cage / Hard Wall Enclosure ICB ****
**** Note: This element will be priced on an individual case basis,
per the Commission's Approval at page 13, paragraph J.
Page 9
Attachment 2
TABLE OF CONTENTS
1. DESCRIPTION 1
2. GENERAL TERMS AND CONDITIONS FOR RESALE 2
3. BASIC SERVICE REQUIREMENTS 3
4. REQUIREMENTS FOR SPECIFIC SERVICES 3
5. SERVICE FUNCTIONS 8
6. SECURITY AND LAW 8
7. ORDERING AND MAINTENANCE 9
8. CHANGES IN RETAIL SERVICE 9
9. CUSTOMER AUTHORIZATION PROCESS 10
10. PAC-WEST RESPONSIBILITIES 11
11. PRICING 11
12. DEPOSIT 11
1
RESALE
1. Description
1.1 Pac-West may resell to any and all classes of end-users
Telecommunications Services obtained from U S WEST under this
Agreement, except that (i) residential services may not be
resold to business customers and business service may not be
resold to residential customers and (ii) Lifeline Assistance,
Link-up Services, and Telecommunications Relay Services may be
resold only to those customers eligible for those services.(1)
U S WEST will not prohibit, nor impose unreasonable or
discriminatory conditions or limitations on the resale of its
Telecommunications Services. The foregoing shall permit
without limitation, the resale of Telecommunications Services
to another Reseller.
1.2 U S WEST will also make the following services available for
resale: residential basic exchange, Centrex Plus, Operator
Services, Directory Assistance, Optional Calling Plans, Volume
Discount Plans, Discounted Feature Packages, Private Line
Transport, negotiated contract arrangements, Business Basic
Exchange, PBX Trunks, Frame Relay Service, ISDN, listings,
features, IntraLATA toll, AIN Services and WATS. This list of
services is neither all inclusive nor exclusive.
1.3 At the request of Pac-West and pursuant to the requirements of
the Act, and FCC rules and state regulations, U S WEST shall
make available to Pac-West for resale any Telecommunications
Services that U S WEST currently provides or may offer
hereafter, including, but not limited to, Telecommunications
Services offered through promotions of more than ninety (90)
days duration, contract service arrangements, special
arrangements, and discount plans.(2) Resale discounts may vary
from the standard resale discount, subject to the approval of
the Commission.
1.4 This Section 1 describes several services which U S WEST shall
make available to Pac-West for resale pursuant to this
Agreement. This description of services is neither all
inclusive nor exclusive. Except as may be noted elsewhere in
this Agreement, all services or offerings of U S WEST which
are to be offered for resale pursuant to the Act are subject
to the terms herein, even though they are not specifically
enumerated or described.
1.5 U S WEST shall not be required to make inside wire or voice
mail services available to Pac-West for resale.(3)
1.5.1 Voice Mail
U S WEST shall make available the SMDI-E ("Station
Message Desk Interface Enhanced"), where available,
or SMD1 (Station Message Desk Interface), where
SMDI-E is not available, feature capability allowing
for Voice Mail Services. U S WEST shall make
available, where available, the MWI (Message Waiting
----------
1 Per Order at page 16, Issue 29.
2 Per Order at page 15, Issue 27.
3 Per Recommendations at page 21, Issue 126. Per Order at page 13-15, Issue 27.
Modified per Approval at page 13, paragraph E.
1
Indicator) stutter dialtone and message waiting light
feature capabilities. U S WEST shall make available
CF-B/DA (Call Forward on Busy/Don't Answer), CF/B (Call
Forward on Busy), and CF/DA (Call Forward Don't Answer)
feature capabilities allowing for Voice Mail services.
1.6 Grandfathered Services
U S WEST shall offer for resale to Pac-West all grandfathered
services. For purposes of this Agreement, a grandfathered
service is a service that U S WEST no longer offers to new
subscribers or a class of new subscribers. Pac-West shall be
notified of any U S WEST request for the termination of
service and/or its grandfathering filed with the Commission or
U S WEST's intent to grandfather/withdraw a service at least
thirty (30) calendar days prior to the effective date of such
grandfathering or intended termination. The form of
notification may be either in written or electronic form.
1.7 N11 Service
Pac-West shall have the right to resell any N 11 service,
including, but not limited to, 411 and 911 services.
1.8 Promotions
Promotions of ninety (90) days or less need not be made
available to Pac-West at the wholesale discount rate.(4)
1.9 The specific business process requirements and systems
interface requirements are set forth in Attachment 5 and
Attachment 6 to this Agreement.
2. General Terms and Conditions for Resale
2.1 Primary Local Exchange Carrier Selection. U S WEST shall apply
the principles set forth in Section 64.1100 of the FCC Rules,
47 C.F.R. Section 64.1100, as implemented, to the process for
end-user selection Of 2 primary local exchange carrier. In
accordance with the customer authorization process described
elsewhere in this Agreement, U S WEST shall not require
notification from the customer, another carrier, or another
entity, in order to process an Pac-West order for local
service for a customer.
2.2 Except where otherwise provided, Pac-West, or Pac-West's
agent, shall act as the single point of contact for its end
users' service needs, including, without limitation, sales,
service design, order taking, provision, change orders,
training, maintenance, trouble reports, repair, post-sale
servicing, billing, collection and inquiry. Pac-West shall
inform its end users that they are customers of Pac-West for
resold services. Pac-West's end users who inadvertently
contact U S WEST with questions regarding their Pac-West
service will be instructed to contact Pac-West. U S WEST end
users who inadvertently contact Pac-West with questions
regarding their U S WEST service will be instructed to contact
U S WEST. Nothing in this Agreement shall be deemed to
prohibit either Party from discussing its products and
services with customers of the other Party who solicit such
information or who are directly contacted by a Party.
----------
4 Per Order at page 15, Issues 27-28.
2
3. Basic Service Requirements
3.1 Call Types
3.1.1 U S WEST shall provide the following call types,
features and functions to Pac-West and its end users
with no loss of feature or functionality: (a) dial
tone and ringing; (b) capability for either dial
pulse or touch tone; (c) flat and measured services:
(d) speech recognition as available with other custom
calling and CLASS features; (e) Same extended area
service free calling area: (f) 1 + intraLATA toll
calling; (g) access to interLATA toll calling; (h)
access to international calling; (i) lines as well as
trunks (DID, DOD); 0) analog and digital private line
- all speeds; (k) off-premises extensions; (1)
Centrex, and (m) ISDN.
3.2 U S WEST will provide access for Pac-West and all its end user
customers to all call types, including, but not limited to,
500, 700, 800, 900, exchanges and dial around services -(i
OXXX).
3.3 U S WEST shall impose no restrictions on customer's calling
(e.g., there should not be a 750 minute limit an flat rate
calling).
3.4 U S WEST will provide pre-subscription services for interLATA
toll services in accordance with currently accepted methods
and procedures.
3.5 Features Requirements
3.5.1 U S WEST will provide Pac-West the ability to suspend
and restore customer service, including vacation
suspension service, at the direction of Pac-West.
3.5.2 End Office Features. U S WEST will provide to
Pac-West the same end office features available to U
S WEST's end users, including, but not limited to,
CLASS features, Custom Calling features, and AIN
features.
3.5.3 Call Blocking Features. U S WEST will provide to
Pac-West the same call blocking features as are
available to U S WEST's own Customers.
3.6 Upon request, U S WEST shall provide Pac-West a list, in an
agreed upon format by central office, of all the
Telecommunications Services, features and functions offered by
U S WEST within sixty (60) days after the Effective Date of
this Agreement and shall provide updates to such lists as
further described in Attachment 5. U S WEST shall also provide
an electronic access method for Pac-West to ascertain the
service availability of a particular USOC in a given central
office.
4. Requirements for Specific Services
4.1 IntraLATA Toll
U S WEST will provide Pac-West its intraLATA toll service to
Pac-West for resale where 1 + intraLATA toll presubscription
is not available.
4.2 Private Line Services
The following private line services shall be made available
without restriction from U S WEST: (a) voice grade private
line services; (b) off premise extensions; (c) foreign
3
exchange line service; (d) point-to-point and multi-point
digital services (e.g., 9.6 kbps-56 kbps; fractional DS-1);
(e) DS-1 Services: (f) DS-3 services: (g) OC-3 service (where
available); (h) frame relay service; (i) packet switched
services; 0) switched digital services: and (k) other private
line services as they are made available.
4.3 Centrex Requirements
4.3.1 At Pac-West's option and as they are available to U S
WEST's own end users via interstate tariffs and state
tariffs, price lists, price schedules, catalogs, or
Individual Case Basis, Pac-West may purchase a
single, any combination, or the entire set of Centrex
features, including Centrex Management System (CMS)
or its equivalent as described in Attachment 5. The
Centrex service provided for resale will meet the
requirements set forth in the following provisions of
this Section 4.3.
4.3.2 All service levels and features of Centrex service
provided by U S WEST for resale by Pac-West shall be
at parity with levels and features provided to U S
WEST's own customers or as mutually agreed upon by
the Parties.
4.3.3 Pac-West may aggregate the Centrex local exchange and
intraLATA traffic usage of Pac-West subscribers to
the extent U S WEST makes such aggregation available
to itself or to its end users, Customers, or
Affiliates.
4.3.4 Pac-West may aggregate multiple Pac-West customers on
dedicated access facilities.
4.3.5 U S WEST shall make CMS information available to
Pac-West at the common block level via an electronic
interface, as provided to U S WEST's own end users.
4.3.6 Pac-West may use remote call forwarding in
conjunction with Centrex service to provide service
to Pac-West local service Customers residing outside
of the geographic territory in which U S WEST
provides local exchange service. However, U S WEST is
not obligated to provide facilities outside its
service territory.
4.3.7 Pac-West may purchase any and all levels of Centrex
service for resale, without restriction on the
minimum or maximum number of lines that may be
purchased for any one level of service, equivalent to
what is offered to U S WEST's own end users.
4.3.8 U S WEST will provide to Pac-West the ability to
suppress the need for Pac-West customers to dial "9"
when placing calls outside the Centrex system.
4.3.9 U S WEST shall make available to Pac-West for resale,
at no additional charge, intercom calling among all
Pac-West customers within a common block who utilize
resold Centrex service.
4.4 CLASS and Custom Features Requirements
Pac-West may purchase a single, any combination, or the entire
set of CLASS and custom features and functions, on a
customer-specific basis. CLASS features shall include, but not
be limited to: caller identification, name and number, call
screening; call tracing; and automatic call back on busy
(*69). U S WEST shall provide to Pac-West a list of all such
CLASS and custom features and functions within ten (10) days
of the Effective Date of this Agreement and shall provide
updates to such list when new features and functions become
available.
4
4.5 Customer Financial Assistance Programs
4.5.1 Local services provided to low-income subscribers, pursuant to
requirements established by the appropriate state regulatory
body, include programs such as Lifeline, Voluntary Federal
Customer Financial Assistance Program, and Link-Up America
("Voluntary Federal Customer Financial Assistance Programs").
When a U S WEST subscriber eligible for the Voluntary Federal
Subscriber Financial Assistance Programs or other similar
state programs chooses to obtain local service from Pac-West U
S WEST shall forward information available to U S WEST
regarding such subscriber's eligibility to participate in such
programs to Pac-West and in electronic format when available
in accordance with the procedures set forth herein.
4.5.2 U S WEST shall offer for resale Lifeline and Link-Up Service;
provided, however, that Pac-West may only resell Lifeline and
Link Up Service to those Customers eligible to receive such
services.(5) U S WEST shall make Telephone Relay Service
available to Pac-West for use by Pac-West Customers who are
speech or hearing-impaired.(6) U S WEST will provide
information about the certification process for the
provisioning of Lifeline, Link-up, Telephone Relay' and
similar services. U S WEST will forward to Pac-West, in
electronic format (when available), information available to U
S WEST regarding a subscriber's program eligibility, Status
and certification when a U S WEST subscriber currently an any
U S WEST telephone assistance program changes service to
Pac-West as their local exchange carrier. U S WEST will
cooperate in obtaining any subsidy associated with a
subscriber transfer to Pac-West.
4.5.2.1 In connection with the transfer of a customer from U
S WEST to Pac-West U S WEST shall provide to Pac-West
a customer profile, including customer name, billing
and residence address, billing telephone number(s),
eligibility for Voluntary Federal Customer Financial
Assistance Program, Telephone Relay Services(8) and
other similar services, and identification of U S
WEST features and services subscribed to by the
customer.
4.6 Discount Plans and Services
4.6.1 In accordance with FCC rules and regulations, U S WEST shall
offer for resale all Discount Plans and Services.
4.6.2 Pac-West can utilize any volume discounts that U S WEST makes
available to its end user customers.
4.7 Hospitality Service
U S WEST shall provide all blocking, screening, and all other
applicable functions available for hospitality lines utilized as such.
----------
5 Per Order at page 15, Issue 29.
6 Per Order at page 14, Issues 27-28.
7 Per Order at page 14, Issues 27-28.
8 Per Order at page 14, Issues 27-28.
5
4.3 Telephone Line Number Calling Cards
Effective ten (10) Business Days after the date of an end-user's
subscription to Pac-West service or within twenty-four (24) hours after
Pac-West has notified U S WEST that it has replaced the subscriber's
calling card, whichever is earlier, U S WEST will terminate its
existing telephone line number-based ("TLN"-based) calling cards and
deactivate any U S WEST-assigned telephone line calling card number
subaccount and PIN (including area code) from the LIDB. Pac-West may
issue a new telephone calling card to such customer, utilizing the same
TLN, and Pac-West shall have the right to enter such TLN in the LIDB
for calling card validation purposes. U S WEST will assume
responsibility for billing its calling card calls that appear before
the card is terminated. Nothing in this section shall prohibit U S WEST
from terminating calling card service to U S WEST customers who have
been determined to be a credit risk, according to U S WEST's normal
business practices.
4.8.1 Except as provided above, the Parties will cooperate in the
deactivation and activation of calling cards and will make
reasonable efforts to minimize the time a customer is without
an active calling card.
4.8.2 U S WEST shall not prohibit Pac-West from issuing a new
telephone calling card to an Pac-West customer utilizing the
same TLN and Pac-West shall have the right to enter the TLN in
the LIDB for calling card verification purposes.
4.8.3 U S WEST will provide Pac-West the ability to utilize U S
WEST's LIDB for calling card validation.
4.9 U S WEST shall make engineering support available to Pac-West for
Resale Services on the same basis as it provides such support for U S
WEST end users. To the extent the cost of such engineering support has
been considered an avoided cost in the development of the avoided cost
discount, the cost of such engineering support shall be borne by
Pac-West.
4.10 Payphone Services
U S WEST agrees to sell for resale all tariffed PAL services at an
appropriate wholesale discount to be determined by the Commission.
4.10.1 U S WEST shall offer for resale, at a minimum, the following
Coin Line, PAL, and PAL Coinless features:
Billed Number Screening
Ability to "freeze" PIC selection
One (1) xxxx per fine and/or multiple lines per BAN
Point of demarcation at the Network Interface location
Detailed billing showing all 1 + traffic on paper, diskette
or electronic format
Touch-tone service
Option for listed or non-listed numbers
Access to 911 service
One (1) directory per line
U S WEST agrees to sell to Pac-West all PAL services under the
same terms and conditions that U S WEST provides such services
to itself
6
or any other Person, including volume and wholesale discounts, or as
otherwise approved by the Commission, if at all.(9)
4.10.2 At a minimum, U S WEST shall offer for resale the following Coin Line
features:
Access to all central office intelligence required to perform answer
defection, coin collection, coin return, and disconnect
Answer Detection
Option to block all 1+ calls to international destinations
IntraLATA Call Timing
Option of one-way or two-way service on line
Flat Rate Service, where available
Originating line screening
U S WEST central office intelligence for rating and other functions
Option of measured service, where available
Ability to block any 1+ service that cannot be rated by the coin
circuits/TSPS/OSPS to the extent provided on U S WEST coin lines
Protect against clip on fraud to the extent provided on U S WEST
coin lines
Protect against blue box fraud to the extent provided on U S WEST
coin lines
Provision of Information Digit 27
4.10.3 At a minimum, U S WEST shall offer for resale the following PAL and PAL
Coinless features:
Originating line screening
Two-way service option
Flat rate service based on rate groups, where available
Option of one-way service on the line, where available
Option of measured service, where available
Ability to keep existing serving telephone numbers if cutover to
Pac-West resale line
Incoming/outgoing screening
Provision of Information Digit 07
Provision of International Toll Denial Recognition Tone, when available
4.10.4 At a minimum, U S WEST shall offer for resale the following PAL Coin
feature:
Blocking for 1 + international, 1 0XXXX1 + international, 101 XXXX1 +
international,
1+900, N 11, 976 and option to block all 1-700 and 1-500 calls;
Line side supervision option
4.10.5 At a minimum, U S WEST shall offer for resale the following PAL
Coinless feature:
Blocking for 1 + international, 10XXXX1 + international, 101XXXX1
+International,
1+900, N1 1, 976, and 7 digit local
4.10.6 (intentionally left blank for numbering consistency)
4.10.7 U S WEST shall provide installation intervals to Pac-West for ordering,
call transfer, billing, and PIC changes in accordance with performance
standards that are
----------
9 Per Recommendations at page 22, Issue 140.
7
established by the Commission, pursuant to subsequent
agreement between the Parties or as provided to any
other Person.
5. Service Functions
5.1 U S WEST shall provide Pac-West with the information available
to U S WEST that Pac-West will need to certify subscribers who
transfer from U S WEST as exempt from charges (including
taxes), or eligible for reduced charges associated with
providing services.
5.2 U S WEST shall provide Pac-West with appropriate notification
of all area transfers with line level detail one hundred
twenty (120) days before service transfer, and will also
notify Pac-West within one hundred twenty (120) days before
such change or any LATA boundary changes.
5.3 U S WEST will work cooperatively with Pac-West in practices
and procedures regarding the handling of law enforcement and
service annoyance calls.
5.4 Support Functions
5.4.1 Routing to Directory Assistance, Operator and Other
Services
5.4.1.1 U S WEST shall make available to Pac-West
the ability to route:
(a) all Local Directory Assistance
calls (411, (NPA) 555-1212) dialed
by Pac-West Customers directly to
the Pac-West Directory Assistance
Services platform, where
technically feasible and consistent
with FCC rules; and
(b) Local Operator Services calls (0+,
0-) dialed by Pac-West Customers
directly to the Pac-West Local
Operator Services platform, where
technically feasible and consistent
with FCC rules. Such traffic shall
be routed over trunk groups between
U S WEST end offices and the
Pac-West Local Operator Services
Platform, using standard Operator
Services dialing protocols of 0+ or
0-.
5.4.1.2 All direct routing capabilities described
herein shall permit Pac-West Customers to
dial the same telephone numbers for Pac-West
Directory Assistance and Local Operator
Service as U S WEST customers use to access
similar services.
6. Security and Law
6.1 U S WEST will maintain and safeguard all Pac-West customer
information according to CPNI privacy guidelines.
6.2 U S WEST and Pac-West will work jointly in security matters as
they relate to Pac-West customers in a resale environment
including, but not limited to, harassment and annoyance calls.
6.3 U S WEST and Pac-West will work jointly to support law
enforcement agency requirements including, but not limited to,
taps, traces and court orders.
6.4 U S WEST will work jointly with Pac-West with respect to
prevention and settlement of fraud.
8
6.5 U S WEST and Pac-West will work jointly to provide access to
lines in a hostage situation.
7. Ordering and Maintenance
7.1 Pac-West shall transmit to U S WEST the information necessary
for the installation (billing, listing and other information),
repair, maintenance and post-installation servicing according
to U S WEST's standard procedures, as described in the U S
WEST resale operations guide that will be provided to Pac-
West. When U S WEST'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, U S WEST will render
its closing xxxx to the end user effective with the
disconnection. Should Pac-West's end user, a new service
provider or Pac-West request service be discontinued to the
end user, U S WEST will issue a xxxx to Pac-West for that
portion of the service provided to the Pac-West end user. In
no event. shall the transition of an end user from U S WEST to
Pac-West cause a disconnection of service other than as
specifically provided for in this Agreement. It is understood
that Pac-West's decision to request a change in class of
service (or a conversion to a re-used unbundled loop) at
"transition" may involve a few minutes out-of-service. The
preceding may be modified by agreement of the Parties.
7.2 U S WEST will notify Pac-West by fax or other processes as
agreed to by the Parties, when an end user moves to another
service provider.
7.3 The new service provider shall be responsible for issuing
either a transfer of service or disconnect/new connect order,
as appropriate.
7.4 The Parties agree that they will work cooperatively to develop
the standards and processes applicable to the transfer of such
accounts that are in arrears.
8. Changes in Retail Service
8.1 U S WEST will notify Pac-West of any changes in the terms and
conditions under which it offers Telecommunications Services
at retail to subscribers who are not telecommunications
service providers or carriers, including, but not limited to,
the introduction or discontinuance of any features, functions,
services or promotions, at least forty-five (45) days prior to
the effective date of such change.(10)
8.2 U S WEST will provide to Pac-West advance notice of the
availability of new Telecommunication Services in accordance
with Section 23.2 of Part A of this Agreement
8.3 In the event U S WEST intends to terminate the provisioning of
any resold services to Pac-West for any reason, Pac-West shall
be responsible for providing any and all necessary notice to
its end users of the termination. In no case shall U S WEST be
responsible for providing such notice to Pac-West's end users.
U S WEST will provide sufficient written notice to Pac-West of
U S WEST's intent to terminate a resold service so that
Pac-West may notify its customers or intervene in the
proceedings on a timely basis consistent with Commission rules
and notice requirements.
9
9. Customer Authorization Process
9.1 U S WEST and Pac-West will use the existing PIC process as a
model, and the same or similar procedures for changes of local
providers. For a local carrier change initiated by Pac-West or
an agent of Pac-West to a customer, one of the following four
(4) procedures will constitute authorization for the change:
(a) Obtain the customer's written authorization (letter of
authorization or LOA); (b) Obtain the customers electronic
authorization by use of a toll-free number (c) Have the
customer's oral authorization verified by an independent third
party (third party verification); or (d) Send an information
package, including a prepaid, returnable postcard, within
three (3) days of the customer's request for a local carrier
change, and wait fourteen (14) days before submitting the
local carrier change to the previous carrier.
9.2 It is understood by U S WEST and Pac-West that these
procedures may be superseded or modified by FCC rules or
industry standards.
9.3 U S WEST will provide Pac-West authorization for a local
carrier change that is initiated by a customer call to
Pac-West In this case Pac-West will: (a) maintain internal
records verifying the customer's stated intent to switch
carriers; and (b) produce the record in case of a slamming
dispute consistent with FCC rules.
9.4 Should an end user dispute or a discrepancy arise regarding
the authority of Pac-West to act on behalf of the end user,
Pac-West is responsible for providing a written response
evidencing its authority to U S WEST within five (5) Business
Days of receipt of a written request from U S WEST describing
the basis of the dispute or discrepancy. If there is a
conflict between the end user designation or Pac-West does not
provide a response within five (5) Business Days, U 3 WEST
shall honor the designation of the end user. In the event the
end user designation is honored by U S WEST as described
above, then Pac-West shall remit a slamming charge, if any, in
accordance with Section 258 of the Act and Commission Rules.
9.5 Should an end user dispute or a discrepancy arise regarding
the authority of U S WEST to act an behalf of the end user, U
S WEST is responsible for providing a written response
evidencing its authority to Pac-West within five (5) Business
Days of receipt of a written request from Pac-West describing
the basis of the dispute or discrepancy. If there is a
conflict between the end user designation or U S WEST does not
provide a response within five (5) Business Days, Pac-West
shall honor the designation of the end user. In the event the
end user designation is honored by Pac-West as described
above, then U S WEST shall remit a slamming charge, if any, in
accordance with Section 258 of the Act and Commission rules.
9.6 Pac-West shall designate the Primary Interexchange Carrier
(PIC) assignments on behalf of its end users for interLATA
services and for intraLATA services when intraLATA
presubscription is implemented.
9.6.1 U S WEST is not required to dedicate a central office
code in a U S WEST central office for Pac-West's
exclusive use as a reseller of U S WEST's exchange
services. Consistent with U S WEST's own internal
practices, U S WEST will set aside blocks of numbers
within a central office code for Pac-West's use."
----------
(11) Per Order at page 31, Issue 58.
10
9.7 When Customers switch from U S WEST to Pac-West, or to
Pac-West from any other service provider, such Customers shall
be permitted to retain their current telephone numbers if they
so desire and if they do not change their service address to
an address served by a different central office. U S WEST
shall take no action to prevent Pac-West Customers from
retaining their current telephone numbers.
10. Pac-West Responsibilities
10.1 Pac-West must send to U S WEST either (a) complete and
accurate end user listing information for Directory Assistance
and 911 Emergency Services using processes mutually agreed to
by the Parties, or (b) notification of as is migration.
Pac-West must provide to U S WEST accurate end user
information to ensure appropriate listings in any databases in
which U S WEST retains and/or maintains end user information.
Pac-West assumes liability for the accuracy of information
provided to U S WEST. After receiving accurate information
from Pac-West, U S WEST assumes liability for the accuracy of
transmission of such information to the database provider
(e.g., SCC).
10.2 U S WEST shall provide Pac-West with the capability to assign
large quantities (i.e., greater than ten (10)) telephone
numbers for multiple line and PBX customers in accordance with
U S WEST's tariffs and/or its own internal practices.
10.3 Pac-West will provide a three (3) year non-binding forecast
within ninety (90) days of the Effective Date of this
Agreement. The forecast shall be updated and provided to U S
WEST on a quarterly basis. 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
Pac-West's anticipated order volume Pac-West's key contact
personnel
11. Pricing
The wholesale discount rate charged to Pac-West for Local Resale is set
forth in Attachment 1 of this Agreement
12. Deposit
12.1 U S WEST may require a suitable deposit to be held by U S WEST
as a guarantee for payment of U S WEST's charges for companies
which cannot demonstrate sufficient financial integrity based
on commercially reasonable standards, which may include a
satisfactory credit rating as determined by a recognized
credit rating agency reasonably acceptable to U S WEST. Any
deposit required of an existing reseller is due and payable
within ten (10) 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.
Interest on the deposit shall be accumulated by U S WEST at a
rate equal to the federal discount rate, as published in the
Wall Street Journal from time to time.(12)
12.2 When the service is terminated or when Pac-West has
established satisfactory credit, if required under the terms
of the preceding paragraph, the amount of the initial or
additional
----------
12 Per Order at page 22, Issue 38.
11
deposit. with any interest due, will, at Pac-West's option, be
either credited to Pac-West's account or refunded.
Satisfactory credit for Pac-West is defined as (a) twelve (12)
months positive payment history in another capacity with U S
WEST, such as in the interexchange area: (b) financial
standing as outlined in the preceding paragraph above: (c)
posting a bond: or (d) twelve (12) consecutive months' service
as a reseller without a termination for nonpayment and with no
more than one (1) notification of intent to terminate service
for nonpayment. Interest on the deposit shall be accumulated
by U S WEST at a rate equal to the federal prime rate, as
published in the Wall Street Journal from time to time.
12
Attachment 3
TABLE OF CONTENTS
1 . Introduction 1
2. Unbundled Network Elements 1
3. Standards for Network Elements 3
4. Tandem Switching 3
5. Shared Transport 6
6. Common Transport 6
7. Dedicated Transport 9
8. Loop 16
9. Distribution 23
10. Local Switching 25
11. Network Interface Device 31
12. Operator Systems 33
13. E911 33
14. Directory Assistance Data 33
15. Signaling Link Transport 33
16. Signaling Transfer Points (STPs) 35
17. Service Control Points/Databases 38
18. Additional Requirements 46
UNBUNDLED ACCESS/ELEMENTS
1. Introduction
1.1 U S WEST shall provide unbundled Network Elements in
accordance with this Agreement, the Act. FCC rules and
regulations, and state rules. regulations and orders. The
price for each Network Element is set forth in Attachment 1 of
this Agreement. Except as otherwise set forth in this
Attachment, Pac-West may order Network Elements as of the
Effective Date of this Agreement.
1.2 General Terms
1.2.1 U S WEST agrees to make available the following
unbundled Network Elements which are addressed in
more detail in the following sections of this
Attachment: (a) local loop, (b) local and tandem
switches (including all vertical switching features
provided by such switches), (c) interoffice
transmission facilities, (d) network interface
devices, (e) signaling and call-related database
facilities, (f) operations support systems functions,
and (g) operator and directory assistance
facilities.(1)
1.2.2 U S WEST shall offer each Network Element
individually and in Combinations with any other
Network Element or Network Elements in order to
permit Pac-West to combine such Network Element or
Network Elements obtained from U S WEST or with
network components provided by itself or by third
parties to provide Telecommunications Services to its
subscribers. Pac-West may purchase unbundled Network
Elements individually or in Combinations without
restrictions as to how those elements may be
rebundled.(2)
2. Unbundled Network Elements
2.1 U S WEST shall offer Network Elements to Pac-West on an
unbundled basis on rates, terms and conditions that are just
reasonable, and non-discriminatory in accordance with the
terms and conditions of this Agreement.
2.2 U S WEST shall permit Pac-West to connect Pac-West's
facilities or facilities provided to Pac-West by third parties
with each of U S WEST's unbundled Network Elements at any
technically feasible point designated by Pac-West.
2.3 Pac-West may use one or more Network Elements to provide any
feature, function, capability, or service option such Network
Element(s) is capable of providing or any feature, function,
capability, or service option described in the technical
references identified herein, or as may otherwise be
determined by Pac-West(3)
----------
1 Per Order at page 10, Issue 18.
2 Per Order at pages 12-13, Issue 25.
3 Per Order at pages 12-13, Issue 25.
1
2.3.1 Pac-West may, at its option, designate any technically
feasible method of access to unbundled Network
Elements, including access methods currently or
previously in use by U S WEST.
2.4 Pac-West may purchase unbundled Network Elements without
restrictions as to how Pac-West may rebundle those
elements.(4)
2.5 For each Network Element, U S WEST shall provide a demarcation
point (e.g., at a Digital Signal Cross Connect, DCS, Light
Guide Cross Connect panel or a Main Distribution Frame) and,
if necessary, access to the Pac-West side of such demarcation
point. which Pac-West agrees is suitable. Where U S WEST
provides combined Network Elements at Pac-West's direction,
however, no demarcation point shall exist between such
contiguous Network Elements.
2.6 (Intentionally left blank for numbering consistency)
2.7 This Attachment describes the initial set of Network Elements
which Pac-West and U S WEST have identified as of the
Effective Date of this Agreement:
Loop
Network Interface Device
Distribution (subject to the BFR)
Local Switching
Operator Systems
Shared Transport
Common Transport
Dedicated Transport
Signaling Link Transport
Signaling Transfer Points
Service Control Points/Databases
Tandem Switching
911
Directory Assistance
2.8 Pac-West and U S WEST agree that the Network Elements
identified in this Attachment are not all of the possible
Network Elements.
2.9 Pac-West may identify additional or revised Network Elements as
necessary to provide Telecommunications Services to its
subscribers, to improve network or service efficiencies or to
accommodate changing technologies, customer demand, or other
requirements.
2.9.1 Pac-West will request such Network Elements in
accordance with the Bona Fide Request process
described in Part A of this Agreement. Additionally,
if U S WEST provides any Network Element that is not
identified in this Agreement to itself, to its own
subscribers, to a U S WEST Affiliate or to any other
Person, U S WEST shall make available the same Network
Element to Pac-West on terms and conditions no less
favorable to Pac-West than those provided to itself or
to any other party.
----------
4 Per Order at pages 12-13, Issue 25.
2
3. Standards for Network Elements
3.1 Each Network Element shall be furnished at a service level
equal to or better than the requirements set forth in the
technical references identified herein for each such Network
Element, as well as any performance or other requirements.
identified in this Attachment. subject to Sections 1. 3.1 and
1.3.2 of Part A of this Agreement
3.2 If one or more of the requirements set forth in this Agreement
are in conflict. the Parties agree to resolve such conflict in
accordance with the dispute resolution provisions of Part A of
this Agreement
3.2.1 U S WEST shall provide to Pac-West, upon request,
engineering, design, performance and other network
data sufficient for Pac-West to determine that the
requirements of this Section 3 are being met. In the
event such data indicates that the requirements set
forth herein are not being met, U S WEST shall,
within ten (10) Business Days, cure any design,
performance or other deficiency and provide new data
sufficient for Pac-West to determine that such
deficiencies have been cured.
3.2.2 U S WEST agrees to work cooperatively with Pac-West
to provide Network Elements that will meet Pac-West s
needs in providing Telecommunications Services to its
subscribers.
3.3 Unless otherwise requested by Pac-West, each Network Element
or any Combination thereof and the connections between Network
Elements provided by U S WEST to Pac-West shall be made
available to Pac-West at any technically feasible point, that
is equal to or better than the manner in which U S WEST
provides such Network Elements, Combinations and connections
to itself, to its own subscribers, to a U S WEST Affiliate or
to any other Person.
Description of Unbundled Elements
4. Tandem Switching
U S WEST will provide a tandem switching element ("Tandem Switching")
on an unbundled basis. The tandem switch element includes the
facilities connecting the trunk distribution frames to the switch, and
all the functions of the switch itself, including those facilities that
establish a temporary transmission path between two (2) other switches.
The definition of the tandem switching element also includes the
functions 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.
4.1 Definition:
Tandem Switching is the function that establishes a communications path
between two (2) switching offices through a third switching office (the
tandem switch) including, but not limited to, those of Pac-West, U S
WEST, independent telephone companies (ICOs), IXCs and wireless
carriers.
4.2 Technical Requirements
4.2.1 Tandem Switching provided by U S WEST to Pac-West
shall have the same capabilities or equivalent
capabilities as those described in Xxxx
Communications Research TR-TSY-000540 Issue 2R2,
Tandem Supplement, June 1, 1990. The requirements for
Tandem Switching include, but are not limited to, the
following:
3
4.2.1.1 Tandem Switching shall provide signaling to
establish a tandem connection:
4.2.1.2 Tandem Switching shall provide screening
(digit analysis) and routing as designated
by Pac-West:
4.2.1.3 Where technically feasible, Tandem Switching
shall provide recording of ail billable
events designated by Pac-West;
4.2.1.4 Tandem Switching shall allow passing of
Advanced Intelligent Network triggers
supporting AIN features:
4.2.1.5 Tandem Switching shall provide connectivity
to Operator Systems as designated by
Pac-West;
4.2.1.6 Tandem Switching shall provide access to
toll free number portability database where
Pac-West sends such traffic to a tandem:
4.2.1.7 Tandem Switching shall allow the passing of
all functions associated with traffic for
all trunk interconnection discussed under
the "Network Interconnection" section of
this Agreement (e.g., SS7, MF, DTMF, Dial
Pulse, PRI-ISDN, DID, and CAMA-ANI (if
appropriate for 911));
4.2.1.3 Tandem Switching shall provide connectivity
to PSAPs where 911 solutions are deployed
and the tandem is used for 911; and
4.2.1.9 Tandem Switching shall provide connectivity
to transit traffic to and from other
carriers.
4.2.2 Tandem Switching shall accept connections (including
the necessary signaling and trunking
interconnections) between end offices, other tandems,
IXCs, ICOs, CAPs and CLEC switches.
4.2.3 Tandem Switching shall provide local tandeming
functionality between two (2) end offices, including
two (2) offices belonging to different CLECs (e.g.,
between an Pac-West end office and the end office of
another CLEC).
4.2.4 Tandem Switching shall preserve CLASS/LASS features
and Caller ID as traffic is processed. Additional
signaling information and requirements are provided
in Section 15 of this Attachment 3.
4.2.5 Tandem Switching shall record billable events and
send them to the area billing centers designated by
Pac-West Billing requirements are specified in
Attachment 5 to this Agreement.
4.2.6 U S WEST shall perform routine testing and fault
isolation on the underlying switch providing Tandem
Switching and all its Interconnections. When
requested by Pac-West the results and reports of the
testing shall be made immediately available to
Pac-West.
4.2.7 When requested by Pac-West, U S WEST shall provide to
Pac-West for review performance data regarding
traffic characteristics or other measurable elements
with respect to Pac-West traffic.
4
4.2.8 Tandem Switching shall control congestion using capabilities
such as Automatic Congestion Control and Network Routing
Overflow. Congestion control provided or imposed on Pac-West
traffic shall be at panty with controls being provided or
imposed on U S WEST traffic (e.g., U S WEST shall not block
Pac-West traffic and leave its own traffic unaffected or less
affected).
4.2.9 Tandem Switching shall route calls to U S WEST or Pac-West
endpoints or platforms (e.g., Operator Services and PSAPs) on
a per call basis as designated by Pac-West. Detailed primary
and overflow routing plans for ail interfaces available within
the U S WEST switching network shall be mutually agreed to by
Pac-West and U S WEST. Such Plans shall meet Pac-West
requirements for routing calls through the local network.
4.2.10 Tandem Switching shall process originating toll free traffic
received from an Pac-West local switch.
4.2.11 In support of AIN triggers and features, Tandem Switching
shall provide SSP capabilities when these capabilities are not
available from the Local Switching Network Element.
4.2.12 The Local Switching and Tandem Switching functions may be
combined in an office. If this is done, both Local Switching
and Tandem Switching shall provide all of the functionality
required of each of those Network Elements in this Agreement.
4.3 Interface Requirements
4.3.1 Tandem Switching shall provide interconnection to the E911
PSAP where the underlying Tandem is acting as the E911 Tandem.
4.3.2 Tandem Switching shall interconnect, with direct trunks, to
all carriers with which U S WEST interconnects.
4.3.3 U S WEST shall provide all signaling necessary to provide
Tandem Switching with no loss of feature functionality.
4.3.4 For applicable call types, Tandem Switching shall interconnect
with Pac-West's switch, using two-way trunks, for traffic that
is transiting via the U S WEST network to interLATA or
intraLATA carriers. At Pac-West's request, Tandem Switching
shall record and keep records of traffic for billing.
4.3.5 At Pac-West's request, Tandem Switching shall provide overflow
routing of traffic from a given trunk group or groups onto
another trunk group or groups according to the methodology
employed by U S WEST as designated by Pac-West.
4.4 Tandem Switching shall meet or exceed each of the requirements for
Tandem Switching set forth in the following technical references:
4.4.1 Xxxx Communications Research TR-TSY-000540 Issue 2R2, Tandem
Supplement, June 1, 1990;
4.4.2 GR-905-CORE covering CCSNIS;
5
4.4.3 GR-1429-CORE for call management features: and
4.4.4 GR-2863-CORE and GR-2902-CORE for CCS AIN
interconnection.
5. Shared Transport
U S WEST will provide unbundled access to shared transmission
facilities between end offices and the tandem switch. Further, U S WEST
will provide unbundled access to dedicated transmission facilities
between its central offices or between such offices and those of
competing carriers. This includes, at a minimum, interoffice facilities
between end offices, IXC POPs, end offices or tandems of U S WEST, and
the end offices of U S WEST and requesting carriers. In addition, U S
WEST will provide all technically feasible transmission capabilities,
such as XX-0, XX-0, and Optical Carrier levels (e.g. OC-3/12/48/96)
that Pac-West could use to provide -Telecommunications Services.'
6. Common Transport
6.1 Definition
Common Transport is an interoffice transmission path between U S WEST
Network Elements shared by carriers. Where U S WEST Network Elements
are connected by intraoffice wiring, such wiring is provided as a part
of the Network Elements and is not Common Transport. U S WEST shall
offer Common Transport as of the Effective Date of this Agreement at
XX-0, XX-0, XX-0, STS-1 or higher transmission bit rate circuits.
Common Transport consists of U S WEST inter-office transport facilities
and is distinct and separate from Local Switching.
6.2 Technical Requirements
6.2.1 U S WEST shall be responsible for the engineering,
provisioning, and maintenance of the underlying
equipment and facilities used to provide Common
Transport.
6.2.2 In accordance with Sections 1.3.1 and 1.3.2 of Part A
of this Agreement, at a minimum, Common Transport
shall meet all of the requirements set forth in the
following technical references, as applicable for the
transport technology being used:
6.2.2.1 ANSI T1.101-1994, American National
Standard for
Telecommunications-Synchronization
Interface Standard Performance and
Availability;
6.2.2.2 ANSI T1. 102-1993, American National
Standard for Telecommunications -
Digital Hierarchy - Electrical
Interfaces;
6.2.2.3 ANSI T1. 102.01-199x, American National
Standard for Telecommunications -
Digital Hierarchy - VT1.5;
----------
(5) Per Recommendations at page 25, Issue 142.
6
6.2.2.4 ANSI T1.105-1995, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET -
Basic Description including Multiplex
Structure, Rates and Formats:
6.2.2.5 ANSI T1. 105.01-1995, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET)
Automatic Protection Switching;
6.2.2.6 ANSI T1. 105,02-1995, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) -
Payload Mappings;
6.2.2.7 ANSI T1. 105.03-1994, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) -
Jitter at Network Interfaces;
6.2.2.8 ANSI T1. 105.03a-1995, American
National Standard for
Telecommunications - Synchronous
Optical Network (SONET)-Jitter at
Network Interfaces - DS-1 Supplement;
6.2.2.9 ANSI T1. 105.05-1994, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) -
Tandem Connection;
6.2.2.10 ANSI T1. 105.06-199x, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) -
Physical Layer Specifications;
6.2.2.11 ANSI T1. 105.07-199x, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) -
Sub STS-1 Interface Rates and Formats;
6.2.2.12 ANSI T1. 105.09-199x, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) -
Network Element Timing and
Synchronization;
6.2.2.13 ANSI T1. 106-1988, American National
Standard for Telecommunications -
Digital Hierarchy - Optical Interface
Specifications (Single Mode);
6.2.2.14 ANSI T1. 107-1988, American National
Standard for Telecommunications -
Digital Hierarchy - Formats
Specifications;
6.2.2.15 ANSI T1. 107a-1 990, American National
Standard for Telecommunications -
Digital Hierarchy - Supplement to
Formats Specifications (DS3 Format
Applications);
6.2.2.16 ANSI T1. 1 07b-1 99 1, American
National Standard for
Telecommunications - Digital Hierarchy
- Supplement to Formats Specifications;
7
6.2.2.17 ANSI T1. 117-1991, American National
Standard for Telecommunications -
Digital Hierarchy - Optical Interface
Specifications (SONET) (Single Mode -
Short Reach);
6.2.2.18 ANSI T1.403-1989, Carrier to Subscriber
Installation, DS-1 Metallic Interface
Specification;
6.2.2.19 ANSI T1.404-1994, Network-to-Subscriber
Installation - DS-3 Metallic Interface
Specification;
6.2.2.20 ITU Recommendation G.707, Network node
interface for the synchronous digital
hierarchy (SDH);
6.2.2.21 ITU Recommendation G.704, Synchronous
frame structures used at 1544, 6312,
2048, 8488 and 44736 kbit/s hierarchical
levels;
6.2.2.22 Bellcore FR-440 and TR-NWT-000499,
Transport Systems Generic Requirements
(TSGR): Common Requirements;
6.2.2.23 Bellcore GR-820-CORE, Generic
Transmission Surveillance: DS-1 & DS-3
Performance;
6.2.2.24 Bellcore GR-253-CORE, Synchronous
Optical Network Systems (SONET); Common
Generic Criteria;
6.2.2.25 Bellcore TR-NWT 000507, Transmission,
Section 7, Issue 5 (Bellcore, December
1993) (A module of LSSGR,
FR-NWT-000064.);
6.2.2.26 Bellcore TR-NWT-000776, Network
Interface Description for ISDN
Subscriber Access;
6.2.2.27 Bellcore TR-INS-000342, High-Capacity
Digital Special Access
Service-Transmission Parameter Limits
and Interface Combinations, Issue 1,
February 1991;
6.2.2.28 Bellcore ST-TEC-000052,
Telecommunications Transmission
Engineering Textbook, Volume 2:
Facilities, Third Edition, Issue 1, May
1989: and
6.2.2.29 Bellcore ST-TEC-000051,
Telecommunications Transmission
Engineering Textbook Volume 1:
Principles, Third Edition, Issue 1,
August 1989.
7. Dedicated Transport
7.1 Definition:
7.1.1 Dedicated Transport is an interoffice transmission
path between Pac-West designated locations to which
Pac-West is granted exclusive use. Such locations may
include U S WEST central offices or other locations,
Pac-West network components, other cater network
components, or subscriber premises.
7.1.2 U S WEST shall offer Dedicated Transport in each of
the following manners:
8
7.1.2.1 as capacity on a shared facility;
7.1.2.2. as a circuit (e.g., DS-1 DS-3, STS-1) dedicated to
Pac-West: and
7.1.2.3 as a system (i.e., the equipment and facilities used
to provide Dedicated Transport such as SONET ring)
dedicated to Pac-West.
7.1.3 When Dedicated Transport is provided as a circuit or as
capacity on a s hared facility, it shall include, as
appropriate:
7.1.3.1 multiplexing functionality;
7.1.3.2 grooming functionality; and,
7.1.3.3 redundant equipment and facilities necessary to
support protection and restoration.
7.1.4 When Dedicated Transport is provided as a system, it shall
include:
7.1.4.1 transmission equipment such as multiplexers, line
terminating equipment, amplifiers, and regenerators;
7.1.4.2 inter-office transmission facilities such as optical
fiber, dark fiber(6), copper twisted pair, and
coaxial cable;
7.1.4.3 redundant equipment and facilities necessary to
support protection and restoration; and
7.1.4.4 access to the Digital Cross-Connect System ("DCS")
functionality as an option in the same manner
provided to IXCs that purchase transport services.
DCS is described below in Section 7.5 of this
Attachment 3.
7.2 Technical Requirements
This Section sets forth technical requirements for all Dedicated
Transport.
7.2.1 When U S WEST provides Dedicated Transport as a circuit or a
system, the entire designated transmission circuit or system
(e.g., XX-0, XX-0, STS-1) shall be dedicated to Pac-West
designated traffic.
7.2.2 U S WEST shall offer Dedicated Transport using currently
available technologies including, but not limited to, DS-1 and
DS-3 transport systems, SONET Bidirectional Line Switched
Rings, SONET Unidirectional Path Switched Rings, and SONET
point-to-point transport systems (including linear add-drop
systems), at all available transmission bit rates.
7.2.3 When requested by Pac-West, Dedicated Transport shall provide
physical diversity. Physical diversity means that two (2)
circuits are provisioned in such a way that no single failure
of facilities or equipment will cause a failure on both
circuits.
----------
6 Per Order at pages 11-12, Issue 22.
9
7.2.4 When physical diversity is requested by Pac-West, U S
WEST shall provide the maximum feasible physical
separation between transmission paths for all
facilities and equipment, unless otherwise agreed to
by Pac-West.
7.2.5 Upon Pac-West's written request and where available
in the U S WEST network. U S WEST shall provide real
time and continuous remote access to performance
monitoring and alarm data affecting, or potentially
affecting, Pac-West's traffic.
7.2.6 U S WEST shall offer the following interface
transmission rates for Dedicated Transport:
7.2.6.1 DS-1 (Extended SuperFrame - ESF/B8ZS, D4,
and unframed applications shall be provided,
except for those local/EAS tandems as
designated by U S WEST);
7.2.6.2 DS-3 (C-bit Xxxxxx, X00, and unframed
applications shall be provided);
7.2.6.3 SONET standard interface rates in accordance
with ANSI T1.105 and ANSI T1.105.07 and
physical interfaces per ANSI T1. 106.06,
including referenced interfaces. In
particular, VT1.5 based STS-1s will be the
interface at an Pac-West service node; and
7.2.6.4 where available, SONET standard interface
rates in accordance with International
Telecommunications Union ("ITU")
Recommendation G.707 and Plesiochronous
Digital Hierarchy ("PDH") rates per ITU
Recommendation G.704.
7.2.7 U S WEST shall provide intraoffice wiring up to a
suitable Point of Termination ("POT") between
Dedicated Transport and Pac-West designated
equipment. U S WEST shall provide the following
equipment for the physical POT:
7.2.7.1 DSX1 or DCS for DS-1 s or VT1. 5s;
7.2.7.2 DSX3 or DCS for DS-3s or STS-1 s; and
7.2.7.3 Light guide cross-connect for optical signals
(e.g., OC-3 and OC-12).
7.2.8 For Dedicated Transport provided as a system, U S
WEST shall design the system, including, but not
limited to, facility routing and termination points,
according to Pac-West specifications.
7.2.9 Upon Pac-West's request and where available, U S WEST
shall provide Pac-West with electronic provisioning
control, of Pac-West specified Dedicated Transport
via Command-A-Link or equivalent interface in the
same manner as is provided to IXCs.
7.2.10 US WEST shall offer Dedicated Transport together with
and separately from DCS.
7.3 Technical Requirements for Dedicated Transport Using SONET
Technology. This Section sets forth additional technical
requirements for Dedicated Transport using SONET technology
including rings, point-to-point systems, and linear add-drop
systems.
10
7.3.1 All SONET Dedicated Transport provided as a system
shall:
7.3.1.1 be synchronized with a primary Stratum 1
level timing source.
7.3.1.2 provide SONET standard interfaces as
available in the U S WEST network and
consistent with generally accepted industry
standards which properly interwork with
SONET standard equipment from other vendors.
including, but not limited to, SONET
standard section, line and path performance
monitoring, maintenance signals, alarms, and
data channels:
7.3.1.3 provide Data Communications Channel ("DCC")
or equivalent connectivity through the SONET
transport system. Dedicated Transport
provided over a SONET transport system shall
be capable of routing DCC messages between
Pac-West and SONET network components
connected to the Dedicated Transport. For
example, if Pac-West leases a SONET ring
from U S WEST, that ring shall support DCC
message routing between Pac-West and SONET
network components connected to the ring;
and
7.3.1.4 support the following performance
requirements for each circuit (STS-1, XX-0,
XX-0, etc.):
7.3.1.4.1 no more than ten (10) Errored
Seconds Per Day (Errored Seconds are defined
in the technical reference at Section
7.4.5); and
7.3.1.4.2 no more than one (1) Severely
Errored Second Per Day (Severely Errored
Seconds are defined in the technical
reference at Section 7.4.5).
7.3.2 SONET rings shall:
7.3.2.1 be provisioned on physically diverse fiber
optic cables (including separate building
entrances where available). "Diversely
routed" shall be interpreted as the maximum
feasible physical separation between
transmission paths, unless otherwise agreed
to by Pac-West;
7.3.2.2 support dual ring interworking per SONET
Standards where available in the U S WEST
network;
7.3.2.3 provide the necessary redundancy in optics,
electronics, and transmission paths such
that no single failure will cause a service
interruption;
7.3.2.4 where available, provide the ability to
disable ring protection switching at
Pac-West's direction (selective protection
lock-out). This requirement applies to line
switched rings only;
7.3.2.5 where available, provide the ability to use
the protection channels to carry extra
traffic. This requirement applies to line
switched rings only;
7.3.2.6 provide 9.0 millisecond restoration as
defined in SONET standards;
7.3.2.7 where available, have settable ring
protection switching thresholds that shall
be set in accordance with Pac-West's
specifications;
11
7.3.2.8 where available, provide revertive protection
switching with a settable wait to restore delay with
a default setting of five (5) minutes. This
requirement applies to line switched rings only:
7.3.2.9 provide non-revertive protection switching. This
requirement applies to path switched rings only; and
7.3.2.10 adhere to the following availability requirements,
where availability is defined in the technical
reference set forth in Section 7.4. 5 :
7.3.2.10.1 no more than 0.25 minutes of
unavailability per month; and
7.3.2.10.2 no more than 0.5 minutes of unavailability
per year.
7.4 In accordance with Sections 1. 3.1 and 1. 3.2 of Part A of this
Agreement, at a minimum, Dedicated Transport shall meet each of the
requirements set forth in Section 7.2.3 of this Attachment 3 and in the
following technical references:
7.4.1 ANSI T1. 105.04-1995, American National Standard for
Telecommunications - Synchronous Optical Network (SONET) -
Data Communication Channel Protocols and Architectures;
7.4.2 ANSI T1. 119-1994, American National Standard for
Telecommunications - Synchronous Optical Network (SONET) -
Operations, Administration, Maintenance, and Provisioning
(OAM&P) Communications;
7.4.3 ANSI T1. 119.01-1995, American National Standard for
Telecommunications - Synchronous Optical Network (SONET)
Operations, Administration, Maintenance, and Provisioning
(OAM&P) Communications Protection Switching Fragment;
7.4.4 ANSI T1. 1 19.02-199x, American National Standard for
Telecommunications - Synchronous Optical Network (SONET)
Operations, Administration, Maintenance, and Provisioning
(OAM&P) Communications Performance Monitoring Fragment, and
7.4.5 ANSI TI.231-1993 - American National Standard for
Telecommunications - Digital Hierarchy - Layer 1 In-Service
Digital Transmission Performance Monitoring.
7.5 Digital Cross-Connect System
7.5.1 Definition
7.5.1.1 Digital Cross-Connect System ("DCS") is a
function which provides automated cross
connection of Digital Signal level 0 (DS-0) or
higher transmission bit rate digital channels
within physical interface facilities. Types of
DCSs include but are not limited to DCS 1/0s,
DCS 3/1s, and DCS 3/3s, where the nomenclature 1
/0 denotes interfaces typically at the DS-1 rate
or greater with crossconnection typically at the
DS-0 rate. This same nomenclature, at the
appropriate rate substitution, extends to the
other types of DCSs specifically cited as 3/1
and 3/3. Types of DCSs that cross-connect
Synchronous Transport Signal level 1 (STS-1) or
other Synchronous Optical Network (SONET)
signals (e.g., STS-3) are also DCSs, although
not denoted by this
12
same type of nomenclature. DCS may provide 'he
functionality of more than one of the
aforementioned DCS types (e.g., DCS 3/3/1 which
combines functionality of DCS 3/3 and DCS 3/1).
For such DCSs, 'he requirements will be, at
least, the aggregation of requirements on the
"component" DCSs.
7.5.1.2 In locations where automated cross connection
capability does not exist, a Digital Signal
Cross-Connect ("DSX") or light guide
cross-connect patch panels and D4 channel banks
or other DS-0 and above multiplexing equipment
used to provide the function of a manual cross
connection will be made available.
7.5.1.3 Interconnection between a DSX or light guide
cross-connect. to a switch, another
cross-connect, or other service platform device,
is included as part of DCS.
7.6 DCS Technical Requirements
7.6.1 DCS shall provide completed end-to-end cross
connection of the channels designated by Pac-West.
7.6.2 DCS shall perform facility grooming, multipoint
bridging, one-way broadcast, twoway broadcast, and
facility test functions, where technically feasible.
7.6.3 DCS shall provide multiplexing, format conversion,
signaling conversion, or other functions, where
technically feasible.
7.6.4 The end-to-end cross connection shall be input to the
underlying device used to provide DCS from an
operator at a terminal or via an intermediate system.
The cross connection assignment shall remain in
effect whether or not the circuit is in use.
7.6.5 U S WEST shall administer and maintain DCS.
7.6.6 Where available, U S WEST shall provide various types
of DCSs, including:
7.6.6.1 DS-0 cross-connects (typically termed
DCS 1/0);
7.6.6.2 DS1/VT1.5 (Virtual Tributaries at the
1.5Mbps rate) cross-connects (typically
termed DCS 3/1);
7.6.6.3 DS-3 cross-connects (typically termed
DCS 3/3);
7.6.6.4 STS-1 cross-connects; and
7.6.6.5 other technically feasible
cross-connects designated by Pac-West.
7.6.7 U S WEST shall provide immediate and continuous
configuration and reconfiguration of the channels
between the physical interfaces (i.e., U S WEST shall
establish the processes to implement cross connects
on demand), where available, based on engineering
forecasts.
7.6.8 U S WEST shall provide scheduled configuration and
reconfiguration of the channels between the physical
interfaces (i.e., U S WEST shall establish the
processes to implement cross connects on the schedule
designated by Pac-West)
13
or, at Pac-West s option, permit Pac-West to control such
configurations and reconfigurations, where available, based on
engineering forecasts.
7.6.9 DCS shall continuously monitor protected circuit packs and
redundant common equipment.
7.6.10 DCS shall automatically switch to a protection circuit pack on
detection of a failure or degradation of normal operation.
7.6.11 DCS equipment shall be equipped with a redundant power supply
or a battery backup.
7.6.12 U S WEST shall have available and utilize spare maintenance
facilities and equipment necessary for provisioning repairs.
7.6.13 At Pac-West's option, U S WEST shall provide, where available,
Pac-West with real time performance monitoring and alarm data
on the signals and the components of the underlying equipment
used to provide DCS that actually impact or might impact
Pac-West's services. For example, this may include hardware
alarm data and facility alarm data on a DS-3 in which an
Pac-West DS-1 is traversing.
7.6.14 At Pac-West's option, U S WEST shall provide Pac-West with
real time ability to initiate tests on integrated equipment
used to test the signals and the underlying equipment used to
provide DCS, as well as other integrated functionality for
routine testing and fault isolation where available.
7.6.15 Where available, DCS shall provide SONET to asynchronous
gateway functionality (e.g., STS-1 to DS-1 or STS-1 to DS-3).
7.6.16 Where available, DCS shall perform optical to electrical
conversion where the underlying equipment used to provide DCS
contains optical interfaces or terminations (e.g., Optical
Carrier level 3, i.e., OC-3, interfaces on a DCS 3/1).
7.6-17 Where available, DCS shall have SONET ring terminal
functionality where the underlying equipment used to provide
DCS acts as a terminal on a SONET ring.
7.6.18 DCS shall provide multipoint bridging of multiple channels to
other DCSs. Pac-West may designate multipoint bridging to be
one-way broadcast from a single master to multiple
tributaries, or two-way broadcast between a single master and
multiple tributaries.
7.6.19 DCS shall multiplex lower speed channels onto a higher speed
interface and demultiplex higher speed channels onto lower
speed interfaces as designated by Pac-West.
7.7 DCS Interface Requirements
7.7.1 U S WEST shall provide physical interfaces on XX-0, XX-0, and
VT1.5 channel cross-connect devices at the DS-1 rate or
higher. In all such cases, these interfaces shall be in
compliance with applicable Bellcore, ANSI, ITU, and Pac-West
standards.
14
7.7.2 U S WEST shall provide physical interfaces on DS-3 channel
cross-connect devices at the DS-3 rate or higher. In ail such
cases, these interfaces shall be in compliance with applicable
Bellcore, ANSI, ITU, and Pac-West standards.
7.7.3 U S WEST shall provide physical interfaces on STS-1
cross-connect devices at the OC-3 rate or higher. In ail such
cases, these interfaces shall be in compliance with applicable
Bellcore, ANSI, ITU, and Pac-West standards.
7.7.4 Interfaces on all other cross-connect devices shall be in
compliance with applicable Bellcore, ANSI, ITU, and Pac-West
standards.
7.8 In accordance with Sections 1.3.1 and 1.3.2 of Part A of this
Agreement, DCS shall, at a minimum, meet all the requirements set forth
in the following technical references:
7.8.1 ANSI T1. 102-1993, American National Standard for
Telecommunications - Digital Hierarchy - Electrical
Interfaces;
7.8.2 ANSI T1. 102.01-199x, American National Standard for
Telecommunications - Digital Hierarchy - VT1.5;
7.8.3 ANSI T1. 105-1995, American National Standard for
Telecommunications - Synchronous Optical Network (SONET) -
Basic Description including Multiplex Structure, Rates and
Formats;
7.8.4 ANSI T1. 105.03-1994, American National Standard for
Telecommunications - Synchronous Optical Network (SONET) -
Jitter at Network Interfaces-,
7.8.5 ANSI T1. 1 05.03a-1 995, American National Standard for
Telecommunications - Synchronous Optical Network (SONET):
Jitter at Network Interfaces - DS-1 Supplement
7.8.6 ANSI T1. 1 05.06-199x, American National Standard for
Telecommunications - Synchronous Optical Network (SONET) -
Physical Layer Specifications;
7.8.7 ANSI T1. 106-1988, American National Standard for
Telecommunications - Digital Hierarchy - Optical Interface
Specifications (Single Made);
7.8.8 ANSI T1. 107-1988, American National Standard for
Telecommunications - Digital Hierarchy - Formats
Specifications;
7.8.9 ANSI T1. 1 07a-1 990, American National Standard for
Telecommunications - Digital Hierarchy - Supplement to Formats
Specifications (DS-3 Format Applications);
7.8.10 ANSI T1.1 07b-1 991, American National Standard for
Telecommunications - Digital Hierarchy - Supplement to Formats
Specifications;
7.8.11 ANSI T1. 117-1991, American National Standard for
Telecommunications - Digital Hierarchy - Optical Interface
Specifications (SONET) (Single Mode - Short Reach);
7.8.12 ANSI T1.403-1989, Carrier to Subscriber Installation, DS-1
Metallic Interface Specification;
15
7.8.13 ANSI T1.404-1994, Network-to-Subscriber Installation - DS-3
Metallic Interface Specification;
7.8.14 ITU Recommendation G.707, Net-work node interface for the
synchronous digital hierarchy (SDH);
7.8.15 ITU Recommendation G.704, Synchronous frame structures used at
154.4, 6312, 2048, 8488 and 44736 kbit/s hierarchical levels;
7.8.16 FR-440 and TR-NWT-000499, Transport Systems Generic
Requirements (TSGR): Common Requirements;
7.8.17 GR-820-CORE. Generic Transmission Surveillance: DS1 & DS3
Performance;
7.8.18 GR-253-CORE, Synchronous Optical Network Systems (SONET):
Common Generic Criteria; and
7.3.19 TR-NWT-000776, Network Interface Description for ISDN
Subscriber Access.
8. Loop
8.1 Definition
8.1.1 A Loop is a transmission facility between a
distribution frame, or its equivalent, in a U S WEST
central office or wire center, and the Network
Interface Device (as defined herein) or network
interface at a subscriber's premises, to which
Pac-West is granted exclusive use. This includes, but
is not limited to, two-wire and four-wire analog
voice-grade loops, and two-wire and four-wire loops
that are conditioned to transmit the digital signals
needed to provide ISDN, ADSL, HDSL, and DS-1 level
signals. A Loop may be composed of the following
components:
Loop Concentrator/Multiplexer
Loop Feeder
Network Interface Device (NID)
Distribution
8.1.1.1 Pac-West may purchase Loop and NID on an
unbundled basis. Pac-West shall use the BFR
process set forth in Part A of this
Agreement to request unbundling of Loop
Concentrator/Multiplexer, Loop Feeder and
Distribution.
8.1.2 If U S WEST uses Integrated Digital Loop Carrier
("DLC") systems to provide the local Loop, U S WEST
will make alternate arrangements, equal in quality,
to permit Pac-West to order a contiguous unbundled
local Loop. These arrangements may, at U S WEST's
option, include the following: providing Pac-West
with copper facilities or universal DLC that meet
established technical parameters, deploying Virtual
Remote Terminals, allowing Pac-West to purchase the
entire Integrated DLC, or converting integrated DLCs
to non-integrated systems.
8.1.3 U S WEST shall provide the BRI U interface using
2-wire copper loops in accordance with TR-NWT-000393,
January 1991, Generic Requirements for ISDN Basic
Access Digital Subscriber Lines.
8.2 Technical Requirements
16
Subdivided to each component as detailed below.
8.3 Interface Requirements
Subdivided to each component as detailed below.
8.4 Loop Components
8.4.1 Loop Concentrator/Multiplexer
8.4.1.1 Definition:
8.4.1.1.1 The Loop Concentrator/Multiplexer is
the Network Element that:
(a) aggregates lower bit rate or
bandwidth signals to higher bit rate or
bandwidth signals (multiplexing); (b)
disaggregates higher bit rate or
bandwidth signals to lower bit rate or
bandwidth signals (demultiplexing); (c)
aggregates a specified number of
signals or channels to fewer channels
(concentrating); (d) performs signal
conversion, including encoding of
signals (e.g., analog to digital and
digital to analog signal conversion);
and (e) in some instances performs
electrical to optical (E/0) conversion.
8.4.1.1.2 The Loop Concentrator/Multiplexer
function may be provided through a DLC
system, channel bank, multiplexer or
other equipment at which traffic is
encoded and decoded, multiplexed and
demultiplexed, or concentrated.
8.4.1.2 Technical Requirements
8.4.1.2.1 The Loop Concentrator/Multiplexer shall
be capable of performing its functions
on the signals for the following
services, as needed by Pac-West to
provide end-to-end service capability
to its subscriber, including, but not
limited to:
8.4.1.2.1.1 two-wire & four-wire analog
voice grade loops;
8.4.1.2.1.2 two-wire & four-wire loops
conditioned to transmit the digital
signals needed to provide digital
services;
8.4.1.2.1.3 4-wire digital data
(2.4Kbps through 64Kbps and "n" times
64Kbps (where n 24);
8.4.1.2.1.4 DS3 rate private lines
where available; and
8.4.1.2.1.5 Optical SONET rate private
lines where available.
8.4.1.2.2 The Loop Concentrator/Muitiplexer shall
perform the following functions as
appropriate:
8.4.1.2.2.1 analog to digital signal
conversion of both incoming and
outgoing (upstream and downstream)
analog signals;
17
8.4.1.2.2.2 multiplexing of the
individual digital signals up to higher
transmission bit rate signals (e.g.,
DS-0. XX-0, XX-0, or optical SONET
rates) for transport to the U S WEST
central office through the Loop Feeder,
and
8.4.1.2.2.3 concentration of end-user
subscriber signals onto fewer channels
of a Loop Feeder (when available the
concentration ratio shall be as
specified from time to time by
Pac-West).
8.4.1.2.2.4 Concentration ratios shall
not impair analog or digital
performance.
8.4.1.2.3 Pac-West may request U S WEST to
provide power for the Loop
Concentrator/Multiplexer through a
non-interruptible source, if the
function is performed in a central
office, or from a commercial AC power
source with battery backup, if the
equipment is located outside a central
office. Such power shall also adhere to
the requirements stated herein.
8.4.1.2.4 In accordance with Sections 1. 3.1 and
1. 3.2 of Part A of this Agreement, the
Loop Concentrator/Multiplexer shall be
provided to Pac-West in accordance with
the following Technical References:
8.4.1.2.4.1 Bellcore TR-NWT-000057,
Functional Criteria for Digital Loop
Carrier Systems, Issue 2, January 1993;
8.4.1.2.4.2 Bellcore TR-NWT-000393,
Generic Requirements for ISDN Basic
Access Digital Subscriber Lines;
8.4.1.2.4.3 T1. 106 - 1988, American
National Standard for
Telecommunications - Digital Hierarchy
- Optical Interface Specifications
(Single Mode);
8.4.1.2.4.4 ANSI T1.105-1995, American
National Standard for
Telecommunications - Synchronous
Optical Network (SONET) - Basic
Description including Multiplex
Structure, Rates and Formats;
8.4.1.2.4.5 ANSI T1.102-1993, American
National Standard for
Telecommunications - Digital Hierarchy
- Electrical Interfaces;
8.4.1.2.4.6 ANSI T1.403-1989, American
National Standard for
Telecommunications - Carrier to
Subscriber Installation, DS-1 Metallic
Interface Specification;
8.4.1.2.4.7 Bellcore GR-253-CORE,
Synchronous Optical Network Systems
(SONET), Common Generic Criteria;
8.4.1.2.4.8 Bellcore TR-TSY-000008,
Digital Interface Between the SLC 96
Digital Loop Carrier System and a Local
Digital Switch, Issue 2, August 1987;
18
8.4.1.2.4.9 Bellcore TR-NWT-000303,
Integrated Digital Loop Carrier System
Generic Requirements, Objectives and
Interface. Issue 2, December 1992; Rev.
1, December 1993: Supplement 1,
December 1993;
8.4.1.2.4.10 Bellcore TR-TSY-000673,
Operations Systems Interface for an
IDLC System, (LSSGR) FSD 20-02-2100,
Issue 1, September 1989; and
8.4.1.2.4.11 Bellcore Integrated
Digital Loop Xxxxxx System Generic
Requirements, Objectives and Interface,
GR-303-CORE. Issue 1, September 1995.
8.4.1.3 Requirements for an Intelligent Loop Concentrator/
Multiplexer
8.4.1.3.1 In addition to the basic functions
described above for the Loop
Concentrator/Multiplexer, the Intelligent
Loop Concentrator/Muitiplexer ("IC/M")
shall provide facility grooming, facility
test functions, format conversion and
signaling conversion, as appropriate.
8.4.1.3.2 The underlying equipment that provides
such IC/M function shall continuously
monitor protected circuit packs and
redundant common equipment
8.4.1.3.3 The underlying equipment that provides
such IC/M function shall automatically
switch to a protection circuit pack on
detection of a failure or degradation of
normal operation.
8.4.1.3.4 The underlying equipment that provides
such IC/M function shall be equipped with
a redundant power supply or a battery
back-up.
8.4.1.3.5 Pac-West may request U S WEST to provide
Pac-West with real time performance
monitoring and alarm data on IC/M
elements that may affect Pac-West's
traffic. This includes IC/M hardware
alarm data and facility alarm data on the
underlying device that provides such IC/M
function.
8.4.1.3.6 Pac-West may request U S WEST to provide
Pac-West with real time ability to
initiate tests on the underlying device
that provides such IC/M function
integrated test equipment as well as
other integrated functionality for
routine testing and fault isolation.
8.4.1.4 Interface Requirements
8.4.1.4.1 The Loop Concentrator/Multiplexer shall meet
the following interface requirements, as
appropriate for the configuration that
Pac-West designates:
8.4.1.4.2 The Loop Concentrator/Multiplexer shall
provide an analog voice frequency copper
twisted pair interface at the serving wire
center.
8.4.1.4.3 The Loop Concentrator/Multiplexer shall
provide digital 4-wire electrical interfaces
at the serving wire center.
19
8.4.1.4.4 The Loop Concentrator/Multiplexer shall provide optical
SONET interfaces at rates of Ol.C-3, OC-12, OC-48. and
CC-N.
8.4.1.4.5 The Loop Concentrator/Multiplexer shall provide the
Bellcore XX-000 XX-0 level interface at the serving wire
center. Loop Concentrator/ Multiplexer shall provide
Bellcore TR-08 modes 1 & 2 DS1 interfaces when designated
by Pac-West
8.4.1.4.6 The Intelligent Loop Concentrator/Multiplexer shall be
provided to Pac-West in accordance with the Technical
References set forth in Sections 8.4.1.2.4.8 through
8.4.1.2.4.11, above.
8.4.2 Loop Feeder
8.4.2.1 Definition:
8.4.2.1.1 The Loop Feeder is the Network Element that provides
connectivity between (a) a Feeder Distribution Interface
("FDI") associated with Loop Distribution and a
termination point appropriate for the media in a central
office, or (b) a Loop Concentrator/Multiplexer provided in
a remote terminal and a termination point appropriate for
the media in a central office.
8.4.2.1.2 Pursuant to a Bona Fide Request for unbundled feeder or
distribution, U S WEST shall provide Pac-West physical
access to the FDI and the right to connect the Loop Feeder
to the FDI.
8.4.2.1.3 Upon request from Pac-West regarding a specific area, U S
WEST shall provide information an FDI within a reasonable
time. If such information is available as part of U S
WEST's operations support system, it must be made
available to Pac-West on the same terms and conditions as
it is available to U S WEST.
8.4.2.1.4 The physical medium of the Loop Feeder may be copper
twisted pair, or single or multi-mode fiber or other
technologies as designated by Pac-West. In certain cases,
Pac-West will require a copper twisted pair loop even in
instances where the medium of the Loop Feeder for services
that U S WEST offers is other than a copper facility.
Special construction charges may apply if no copper
twisted pair facilities are available.
8.4.2.2 Requirements for Loop Feeder
8.4.2.2.1 The Loop Feeder shall be capable of
transmitting analog voice frequency,
basic rate ISDN, digital data, or,
where available in the network, analog
radio frequency signals, as
appropriate.
8.4.2.2.2 U S WEST shall provide appropriate
power for all active elements in the
Loop Feeder. U S WEST will provide
appropriate power from a central office
source, or from a commercial AC source
with rectifiers for AC to DC conversion
and 8-hour battery back-up when the
equipment is located in an outside
plant Remote Terminal ("RT").
20
8.4.2.3 Additional Requirements for Special Xxxxxx Loop
Feeder Medium
In addition to the requirements set forth above,
Pac-West may require U S WEST to provide copper
twisted pair Loop Feeder unfettered by any
intervening equipment (e.g., filters, load coils, and
range extenders), so that Pac-West can use these Loop
Feeders for a variety of services by attaching
appropriate terminal equipment at the ends.
8.4.2.4 Additional Technical Requirements for DS-1
Conditioned Loop Feeder
In addition to the requirements set forth above,
Pac-West may designate that the Loop Feeder be
conditioned to transport a DS-1 signal. The
requirements for such transport are defined in the
references below in Section 8.4.2.6.
8.4.2.5 Additional Technical Requirements for Optical Loop
Feeder
In addition to the requirements set forth above,
Pac-West may designate that Loop Feeder will
transport DS-3 and OC-n (where "n" is defined in the
technical reference in Section 8.4.1.2.4.4). The
requirements for such transport are defined in the
references below in Section 8.4.2.6.
8.4.2.6 In accordance with Sections 1.3.1 and 1.3.2 of Part A
of this Agreement, U S WEST shall offer Loop Feeder
in compliance with the requirements set forth in the
following Technical References:
8.4.2.6.1 Xxxxxxxx Xxxxxxxxx Xxxxxxxxxxx
XX-XXX-000000, Issue 5, December 1993,
section 7 for DS-1 interfaces;
8.4.2.6.2 Bellcore TR-NWT-000057, Functional Criteria
for Digital Loop Xxxxxx Systems, Issue 2,
January 1993;
8.4.2.6.3 Bellcore TR-NWT-000393, Generic
Requirements for ISDN Basic Access Digital
Subscriber Lines;
8.4.2.6.4 ANSI T1. 106-1988, American National
Standard for Telecommunications - Digital
Hierarchy - Optical Interface
Specifications (Single Mode);
8.4.2.6.5 ANSI T1. 105-1995, American National
Standard for Telecommunications -
Synchronous Optical Network (SONET) - Basic
Description including Multiplex Structure,
Rates and Formats;
8.4.2.6.6 ANSI T1. 102-1993, American National
Standard for Telecommunications - Digital
Hierarchy - Electrical Interfaces;
8.4.2.6.7 ANSI T1.403-1989, American National
Standard for Telecommunications - Xxxxxx to
Subscriber Installation, DS-1 Metallic
Interface Specification; and
8.4.2.6.8 Bellcore GR-253-CORE, Synchronous Optical
Network Systems (SONET), Common Generic
Criteria.
21
8.4.2.7 Interface Requirements
8.4.2.7.1 The Loop Feeder point of termination
("POT") within a U S WEST central office will be as
follows:
8.4.2.7.1.1 Copper twisted pairs shall terminate
an the MDF:
8.4.2.7.1.2 DS-1 Loop Feeder shall terminate on
a DSX1, DCS1/0 or DCS3/1: and
8.4.2.7.1.3 Fiber optic cable shall terminate on
a light guide termination panel or equivalent.
8.4.2.7.2 In accordance with Sections 1.3.1 and 1.3.2
of Part A of this Agreement, Loop Feeder shall be
equal to or better than each of the applicable
interface requirements set forth in the following
technical references:
8.4.2.7.2.1 Bellcore TR-TSY-000008, Digital
Interface Between the SLC 96 Digital Loop
Carrier System and a Local Digital Switch, Issue
2, August 1987;
8.4.2.7.2.2 Bellcore TR-NWT-000303, Integrated
Digital Loop Carrier System Generic
Requirements, Objectives and Interface, Issue 2,
December 1992; Rev. 1, December 1993; Supplement
1, December 1993; and
8.4.2.7.2.3 Bellcore Integrated Digital Loop
Carrier System Generic Requirements, Objectives
and Interface, GR-303-CORE, Issue 1, September
1995.
9. Distribution
9.1 Definition:
9.1.1 Distribution provides connectivity between the NID
component of Loop Distribution and the terminal block
on the subscriber-side of an FDI. The FDI is a device
that terminates the Distribution Media and the Loop
Feeder, and cross-connects them in order to provide a
continuous transmission path between the NID and a
telephone company central office. There are three (3)
basic types of feeder-distribution connections: (a)
multiple (splicing of multiple distribution pairs
onto one (1) feeder pair); (b) dedicated ("home
run"); and (c) interfaced ("cross-connected"). While
older plant uses multiple and dedicated methods,
newer plant and all plant that uses DLC or other
pair-gain technology necessarily uses the interfaced
connection method. The FDI in the interfaced design
makes use of a manual cross-connection, typically
housed inside an outside plant device ("green box")
or in a vault or manhole.
9.1.2 The Distribution may be copper twisted pair, coax
cable, single or multi-mode fiber optic cable or
other technologies. A combination that includes two
(2) or more of these media is also possible. In
certain cases, Pac-West shall require a copper
twisted pair Distribution even in instances where the
Distribution for services that U S WEST offers is
other than a copper facility. Special construction
charges may apply if no copper twisted pair
facilities are available.
9.2 Requirements for All Distribution
22
9.2.1 Distribution shall be capable of transmitting signals
for the following services, as requested by Pac-West:
9.2.1.1 two-wire & four-wire analog voice grade
loops; and
9.2.1.2 two-wire & four-wire loops conditioned to
transmit the digital signals needed to
provide digital services.
9.2.2 Distribution shall transmit all signaling messages or
tones. Where the Distribution includes any active
elements that terminate any of the signaling messages
or tones, these messages or tones shall be reproduced
by the Distribution at the interfaces to an adjacent
Network Element in a format that maintains the
integrity of the signaling messages or tones.
9.2.3 U S WEST shall not interfere with Pac-West's ability
to support functions associated with provisioning,
maintenance, performance monitoring and testing of
the unbundled Distribution.
9.2.4 Distribution shall be equal to or better than ail of
the applicable requirements set forth in the
following technical references:
9.2.4.1 Bellcore TR-TSY-000057, "Functional Criteria
for Digital Loop Carrier Systems-, and
9.2.4.2 Bellcore TR-NWT-000393, "Generic
Requirements for ISDN Basic Access Digital
Subscriber Lines".
9.3 Additional Requirements for Special Copper Distribution
In addition to Distribution that supports the requirements set
forth in Section 9.2. above, Pac-West may designate
Distribution to be copper twisted pair unfettered by any
intervening equipment (e.g., filters, load coils, range
extenders) so that Pac-West can use these loops for a variety
of services by attaching appropriate terminal equipment at the
ends.
9.4 Additional Requirements for Fiber Distribution
Fiber optic cable Distribution shall be capable of
transmitting signals for the following services in addition to
the those set forth in Section 9.2.1 above:
9.4.1 DS-3 rate private line service;
9.4.2 Optical SONET OC-n rate private lines (where 'n" is
defined in the technical reference in Section
8.4.1.2.4.4); and
9.4.3 Where available in the U S WEST network, Analog Radio
Frequency based services (e.g.,'Cable Television
(CATV)).
9.5 Additional Requirements for Coaxial Cable Distribution
Where available in the U S WEST network, coaxial cable (coax)
Distribution shall be capable of transmitting signals for the
following services in addition to those set forth in Section
9.2.1 above:
23
9.5.1 Broadband data, either one way or bi-directional,
symmetric or asymmetric rates between 1.5 Mb/s and 45
Mb/s; and
9.5.2 Analog Radio Frequency based services (e.g., CATV).
9.6 Interface Requirements
9.6.1 Signal transfers between the Distribution and the NID
and an adjacent Network Element shall have levels of
degradation that are within the performance
requirements set forth in Section 18.2 of this
Attachment.
9.6.2 Distribution shall be at least equal to each of the
applicable interface requirements set forth in the
following technical references:
9.6.2.1 Bellcore TR-NWT-000049, "Generic
Requirements for Outdoor Telephone Network
Interface Devices", issued December 1, 1994;
9.6.2.2 Bellcore TR-NWT-000057, "Functional Criteria
for Digital Loop Ca Systems", issued January
2, 1993;
9.6.2.3 Bellcore TR-NWT-000393, "Generic
Requirements for ISDN Basic Access Digital
Subscriber Lines"; and
9.6.2.4 Bellcore TR-NWT-000253, SONET Transport
Systems: Common (A module of TSGR,
FR-NWT-000440), Issue 2, December 1991.
10. Local Switching
10.1 Definition:
10.1.1 Local Switching is the Network Element that provides
the functionality required to connect the appropriate
lines or trunks wired to the Main Distributing Frame
("MDF") or Digital Cross Connect ("DCC") panel to a
desired line or trunk. The desired connection path
for each call type will vary by subscriber and will
be specified by Pac-West as a routing scenario that
will be implemented in advance as part of or after
the purchases of the unbundled Local Switching. Such
functionality shall include all of the features,
functions, and capabilities that the underlying U S
WEST local switch is capable of providing,(7)
including, but not limited to: line signaling and
signaling software, digit reception, dialed number
translations, call screening, routing, recording,
call supervision, dial tone, switching, telephone
number provisioning, announcements, calling features
and capabilities (including call processing),
Centrex, or Centrex-like services, Automatic Call
Distributor ("ACD"), Carrier pre-subscription (e.g.,
long distance carrier, intraLATA toll), Carrier
Identification Code ("CIC"), number portability
capabilities, testing and other operational features
inherent to the switch and switch software. The Local
Switching function also provides access to transport,
signaling (ISDN User Part ("ISUP") and
24
Transaction Capabilities Application Part ("TCAP")), and
platforms such as adjuncts, Public Safety Systems (911),
Operator Services, Directory Assistance Services and Advanced
Intelligent Network ("AIN"). Remote Switching Module
functionality is included in the Local Switching function.
Local Switching shall also be capable of routing local,
intraLATA, interLATA, and international calls to the
subscriber's preferred carrier, call features (e.g., call
forwarding) and Centrex capabilities.
10.1.2 Local Switching, including the ability to route to Pac-West's
transport facilities, dedicated facilities and systems, shall
be unbundled from all other unbundled Network Elements, i.e.,
Operator Systems, Common Transport, Shared Transport and
Dedicated Transport.
10.2 Technical Requirements
10.2.1 Local Switching shall be equal to or better than the
requirements for Local Switching set forth in Bellcore's Local
Switching Systems General Requirements FR-NWT-000064.
10.2.1.1 U S WEST shall route calls to the appropriate
trunk or lines for call origination or
termination.
10.2.1.2 U S WEST shall route calls on a per line or per
screening class basis to (a) U S WEST platforms
providing Network Elements or additional
requirements, (b) Pac-West designated platforms,
or (c) third-party platforms.
10.2.1.3 U S WEST shall provide to Pac-West recorded
announcements as furnished by Pac-West and call
progress tones to alert callers of call progress
and disposition. The installation cost shall be
borne by Pac-West for such announcements and call
progress tones to the extent they are different
than those standardly used by U S WEST.
10.2.1.4 U S WEST shall change a subscriber from U S
WEST's services to Pac-West's services without
loss of feature functionality, unless designated
otherwise by Pac-West.
10.2.1.5 U S WEST shall perform routine testing (e.g.,
Mechanized Loop Tests ("MLT") and test calls such
as 105, 107 and 108 type calls) and fault
isolation on Pac-West's unbundled Network
Elements, as designated by Pac-West.
10.2.1.6 U S WEST shall repair and restore any equipment
or any other maintainable component that may
adversely impact Pac-West's use of unbundled
Local Switching.
10.2.1.7 U S WEST shall control congestion points such as
mass calling events and network routing
abnormalities using capabilities such as
Automatic Call Gapping, Automatic Congestion
Control, and Network Routing Overflow.
Application of such control shall be
competitively neutral and not favor any user of
unbundled switching or U S WEST.
10.2.1.8 U S WEST shall perform manual call trace as
designated by Pac-West and shall permit
subscriber originated call trace.
25
10.2.1.9 U S WEST shall record 211 billable events.
involving usage of the Network Element, and send
the appropriate recording data to Pac-West as
further described in Attachment 5.
10.2.1.10 For Local Switching used as E911 tandems, U S WEST
shall allow interconnection with Pac-West switches
in that same local switch used as a E911 tandem
and shall route calls to the appropriate Public
Safety Access Point (PSAP). In the event the Local
Switching element and the E911 tandem are
contained within the same U S WEST switch, such
trunking shall be provided on an intra-switch
basis.
10.2.1.11 Where U S WEST provides the following special
services, it shall provide to Pac-West:
10.2.1.11.1 essential Service Lines;
10.2.1.11.2 Telephone Service Prioritization
("TSP");
10.2.1.11.3 related services for handicapped;
10.2.1.11.4 where U S WEST provides soft dial
tone, it shall do so on a
competitively-neutral basis; and
10.2.1.11.5 any other service required by law or
regulation.
10.2.1.12 U S WEST shall provide Switching Service Point
("SSP") capabilities and signaling software to
interconnect the signaling links destined to the
Signaling Transfer Point Switch ("STP"). In the
event Local Switching is provided out of a
switch without SS7 capability, the Tandem shall
provide this capability as further described in
Section 4 of this Attachment 3. These
capabilities shall adhere to Bellcore
specifications TCAP (GR-1432-CORE), ISUP
(GR-905CORE), Call Management (GR-1429-CORE),
Switched Fractional DS1 (GR1357-CORE), Toll Free
Service (GR-1428-CORE), Calling Name
(GR-1597CORE), Line Information Database
(GR-954-CORE), and Advanced Intelligent Network
(GR-2863-CORE).
10.2.1.13 U S WEST shall provide interfaces to adjuncts
through industry standard and Bellcore
interfaces. These adjuncts may include, but are
not limited to, Service Node, Service Circuit
Node, Voice Mail and Automatic Call
Distributors. Examples of existing interfaces
are ANSI ISDN standards Q.931 and Q.932.
10.2.1.14 Upon Pac-West's request, U S WEST shall provide
performance data regarding a subscriber line,
traffic characteristics or other measurable
elements to Pac-West
10.2.1.15 U S WEST shall offer all technically feasible
Local Switching features, and, in providing such
features, do so at parity with those provided by
U S WEST to itself or any other Person.
10.2.1.15.1 Such feature offerings shall
include, but are not limited to:
Basic and primary rate ISDN;
Residential features;
26
Custom Local Area Signaling
Services (CLASS/LASS);
Custom Calling Features: and
Centrex (including equivalent
administrative capabilities,
such as subscriber accessible
reconfiguration and detailed
message recording).
10.2.1.15.2 Pac-West may use the Bona Fide
Request Process set forth in Part A
of this Agreement to request
unbundling of Advanced Intelligent
Network ("AIN") triggers supporting
Pac-West and U S WEST service
applications in U S WEST's SCPs.(8)
U S WEST shall offer AIN-based
services in accordance with
applicable technical references.
Such services may include, but are
not limited to:
10.2.1.15.2.1 Off-Hook Immediate;
10.2.1.15.2.2 Off-Hook Delay;
10.2.1.15.2.3 Private EAMF Trunk;
10.2.1.15.2.4 Shared Interoffice
Trunk (EAMF, SS7);
10.2.1.15.2.5 Termination Attempt;
10.2.1.15.2.6 3/6/10;
10.2.1.15.2.7 N 11;
10.2.1.15.2.8 Feature Code
Dialing;
10.2.1.15.2.9 Custom Dialing
Plan(s), including
555 services; and
10.2.1.15.2.10 Automatic Route
Selection.
10.2.1-16 U S WEST shall assign each Pac-West subscriber
line the class of service designated by Pac-West
(e.g., using line class codes or other switch
specific provisioning methods), and at
Pac-West's option shall route Directory
Assistance calls from Pac-West subscribers as
directed by Pac-West This includes each of the
following call types:
10.2.1.16.1 0+/0- calls;
10.2.1.16.2 911 calls;
10.2.1.16.3 41 1/DA calls;
10.2.1.16.4 InterLATA calls specific to
PIC or regardless of PIC;
10.2.1.16.5 IntraLATA calls specific to
PIC or regardless of PIC;
10.2.1.16.6 Toll free calls, prior to
database query;
----------
8 Per Order at page 10, Issue 19.
27
10.2.1.16.7 Call forwarding of any type supported on the
switch, to a line or a trunk; and
10.2.1.16.8 Any other customized routing that may be
supported by the U S WEST switch.
10.2.1.17 U S WEST shall assign each Pac-West subscriber line the class
of service designated by Pac-West (e.g., using line class
codes or other switch specific provisioning methods) and shall
route operator calls from Pac-West t subscribers as directed
by Pac-West at Pac-West's option. For example, U S WEST may
translate 0- and 0+ intraLATA traffic, and route the call
through appropriate trunks to an Pac-West Operator Services
Position System (OSPS). Calls from Local Switching must pass
the ANI-11 digits unchanged
102.1.18 If an Pac-West customer subscribes to Pac-West-provided voice
mail and messaging services, U S WEST shall redirect incoming
calls to the Pac-West system based upon designated service
arrangements (e.g., busy, don't answer, number of rings). In
addition, U S WEST shall provide a Standard Message Desk
Interface-Enhanced (SMDI-E) interface to the Pac-West system.
U S WEST shall support the Inter-switch Voice Messaging
Service (IVMS) capability.
10.2.1.19 Local Switching shall be offered in accordance with the
requirements of the following technical references and their
future releases:
10.2.1.19.1 GR-1298-CORE, AIN Switching System Generic
Requirements;
10.2.1.19.2 GR-1299-CORE, AIN Switch-Service Control Point
(SCP)/Adjunct Interface Generic Requirements;
10.2.1.19.3 TIR-NWT-0011284, AIN 0.1 Switching System Generic
Requirements; and
10.2.1.19.4 SR-NWT-002247, AIN Release 1 Update.
10.2.2 Interface Requirements:
10.2.2.1 U S WEST shall provide the following interfaces to Loops:
10.2.2.1.1 Standard Tip/Ring interface, including loopstart
or groundstart, on-hook signaling (e.g., for calling number,
calling name and message waiting lamp);
10.2.2.1.2 Coin phone signaling as part of a public access
line (PAL);(9)
10.2.2.1.3 Basic Rate Interface ISDN adhering to ANSI
standards 0.931, 0.932 and appropriate Bellcore Technical
Requirements;
----------
(9) Per Recommendations at page 26, Issue 143.
28
10.2.2.1.4 Two-wire analog interface to PBX to include reverse
battery, E&M. wink start and DID;
10.2.2.1.5 Four-wire analog interface to PBX to include reverse
battery, E&M, wink start and DID;
10.2.2.1.6 Four-wire DS-1 interface to PBX or subscriber
provided equipment (e.g., computers and voice
response systems),,
10.2.2.1.7 Primary Rate ISDN to PBX adhering to ANSI standards
Q.931, Q.93 and appropriate Bellcore Technical
Requirements;
10.2.2.1.8 Switched Fractional DS-1 with capabilities to
configure Nx64 channel (where "n" = 1 to 24); and
10.2.2.1.9 Loops adhering to Bellcore TR-NWT-08 and TR-NWT-303
specifications to interconnect Digital Loop
Carriers.
10.2.2.2 U S WEST shall provide access to the following, but not
limited to:
10.2.2.2.1 SS7 Signaling Network or Multi-Frequency trunking,
if requested by Pac-West;
10.2.2.2.2 Interface to Pac-West operator services systems or
Operator Service through appropriate trunk
interconnections for the system; and
10.2.2.2.3 Interface to Pac-West Directory Assistance Services
through the Pac-West switched network or to
Directory Services through the appropriate trunk
interconnections for the system; and 950 access or
other Pac-West required access to interexchange
carriers as requested through appropriate trunk
interfaces.
10.3 Customized routing
10.3.1 Description
Customized routing will enable Pac-West to direct particular
classes of calls to particular outgoing trunks based upon fine
class codes. Pac-West may use customized routing to direct its
customers' calls to 411, 555-1212, 0+ or 0-, to its own
Operator Services platform Directory Assistance platform.
10.3.2 Limitations
Because there is a limitation in the technical feasibility of
offering custom routing beyond the capacity of the 1A ESS
switch, custom routing will be offered to CLECs on a
first-come, first-served basis.
10.4 Integrated Services Digital Network
10.4.1 Integrated Services Digital Network ("ISDN") is defined in two
(2) variations. The first variation is Basic Rate ISDN ("BRI").
BRI consists of 2 Bearer (B) Channels and one Data (D) Channel.
The second variation is Primary Rate ISDN ("PRI").
29
PRI consists of 23 B Channels and one D Channel. Both
BRI and PRI B Channels may be used for voice, Circuit
Switched Data ("CSD") or Packet Switched Data
("PSD"). The BRI D Channel may be used for call
related signaling, non-call related signaling or
Packet switched data. The PRI D Channel may be used
for call related signaling.
10.4.2 Technical Requirements -ISDN
10.4.2.1 U S WEST shall offer Data Switching
providing ISDN that. at a minimum:
10.4.2.2 provides integrated Packet handling
capabilities:
10.4.2.3 allows for full 2B+D Channel functionality
for BRI; and
10.4.2.4 allows for full 238+D Channel
functionality for PRI.
10.4.2.5 Each B Channel shall allow for voice, 64
Kbps CSD, and PSD of 128 logical channels
at minimum speeds of 19 Kbps throughput of
each logical channel up to the total
capacity of the B Channel.
10.4.2.6 Each 8 Channel shall provide capabilities
for alternate voice and data on a per call
basis.
10.4.2.7 The BRI D Channel shall allow for call
associated signaling, non-call associated
signaling and PSID of 16 logical channels
at Minimum speeds of 9.6 Kbps throughput
of each logical channel up to the total
capacity of the D channel.
10.4.2.8 The PRI D Channel shall allow for call
associated signaling.
10.4.3 Interface Requirements- ISDN
10.4.3.1 U S WEST shall provide the BRI interface
using Digital Subscriber Loops adhering to
Bellcore TR-NWT-303 Specifications to
Interconnect Digital Loop Carriers.
10.4.3.2 U S WEST shall offer PSD interfaces
adhering to the X.25, X.75 and X.75'ANS1
and Bellcore requirements.
10.4.3.3 U S WEST shall offer PSD trunk interfaces
operating at 55-6 Kbps.
11. Network Interface Device
11.1 Definition:
11.1.1 The Network Interface Device ("NID") is a single-line
termination device or that portion of a multiple-line
termination device required to terminate a single
line or circuit One of the functions of the NID is to
establish the network demarcation point between a
carrier and its subscriber. The NID features two (2)
independent xxxxxxxx or divisions which separate the
service provider's network from the subscriber's
inside wiring. Each chamber or division contains the
appropriate
30
connection points or posts to which the service provider and
the subscriber each make their connections.
11.1.2 Pac-West may connect its NID to U S WEST's NID.
11.1.3 U S WEST will allow Pac-West to locate dropwires, other than U
S WEST's drop wires, inside an existing U S WEST combination
NID used in the provisioning of telephone service for single
tenant end users subject to the following conditions:
11.1.3.1 Sufficient space exists inside the combination NID
to allow proper installation of equipment in
accordance with the NID manufacturers specifications
and per the National Electric Code:
11.1.3.2 In order to maintain maintenance integrity for the
NID, Pac-West will install its own overvoltage
protection and customer bridging equipment,
terminate the dropwires to that equipment, and
assume all operational responsibilities and
liabilities for that equipment;
In the event sufficient space is not available in the existing
U S WEST NID, to accommodate additional drops, Pac-West will
be allowed to install and additional NID, at its own expense
and the Pac-West's NID can be connected to the existing U S
WEST NID;
If the existing NID is not the new generation modular type,
Pac-West may install a new NID. U S WEST will be allowed to
move its dropwire to the new NID and remove the old NID;
Within ninety (90) days of the Effective Date of this
Agreement, the Parties agree to jointly develop a satisfactory
process to address the issues with access to single and
multi-party NIDs.
11.1.4 With respect to multiple-line termination devices, Pac-West
shall specify the quantity of NIDs it requires within such
device.
11.2 Technical Requirements
11.2.1 The N I D shall provide a clean, accessible point of
connection for the inside wiring and for the Distribution
Media and/or cross connect to Pac-West's NID and shall
maintain a connection to ground meeting the requirements as
set forth below.
11.2.2 The NID shall be capable of transferring electrical
analog or digital signals between the subscriber's
inside wiring and the Distribution Media and/or cross
connect to Pac-West's NID.
11-2.3 All NID posts or connecting points shall be in place,
secure, usable and free of any rust or corrosion. The
protective around connection shall exist and be
properly installed. The ground wire shall be free of
rust and corrosion and have continuity to ground.
11.2.4 The NID shall be capable of withstanding all normal
local environmental variations.
11-2.5 Where the NID is not located in a larger, secure
cabinet or closet, the NID shall be protected from
vandalism. The NID shall be accessible to Pac-West
designated
31
personnel. In cases where entrance to the subscriber premises
is required to give access to the NID, Pac-West shall obtain
entrance permission directly from the subscriber.
11.2.6 U S WEST shall offer the NID together with, and separately
from. the Distribution Media component of Loop Distribution.
11.3 Interface Requirements
11.3.1 The NID shall be the interface to subscribers' premises wiring
for all loops.
11.3.2 The NID shall beat least equal to all the industry standards
for NIDs set forth in the following technical references:
11.3.2.1 Bellcore Technical Advisory TA-TSY-000 120
"Subscriber Premises or Network Ground Wire";
11.3.2.2 Bellcore Generic Requirement GR-49-CORE "Generic
Requirements for Outdoor Telephone Network
Interface Devices";
11.3.2.3 Bellcore Technical Requirement TR-NWT-00239
"Indoor Telephone Network Interfaces";
11.3.2.4 Bellcore Technical Requirement TR-NWT-000937
"Generic Requirements for Outdoor and Indoor
Building Entrance"; and
11.3.2.5 Bellcore Technical Requirement TR-NWT-0001 33
"Generic Requirements for Network Inside Wiring."
12. Operator Systems
See Part A.
13. E91 I
See Part A.
14. Directory Assistance Data
See Part A.
15. Signaling Link Transport
15.1 Definition:
Signaling Link Transport is a set of two (2) or four (4)
dedicated 56 Kbps transmission paths between
Pac-West-designated Signaling Points of Interconnection
("SPOI") that provides appropriate physical diversity and a
cross connect at a U S WEST STP site.
15.2 Technical Requirements
32
15.2.1 Signaling Link Transport shall consist of full duplex mode 56
Kbps transmission paths.
15.2.2 Of the various options available, Signaling Link Transport
shall perform in the following two ways:
15.2.1.1 as an "A-link" which is a connection between a
switch or SCP and a home Signaling Transfer Point
("STP") pair and
15.2.1.2 as a "D-link" which is a connection between two
(2) STP pairs in different company networks
(e.g., between two (2) STP pairs for two (2)
(CLECs)).
15.2.3 Signaling Link Transport shall consist of two (2) or more
signaling link layers as follows:
15.2.3.1 An A-link layer shall consist of two (2) links.
15.2.3.2A D-link layer shall consist of four (4) links.
15.2.4 A signaling link layer shall satisfy a performance objective
such that:
15.2.4.1 there shall be no more than two (2) minutes down
time per year for an A-link layer transport only,
and
15.2.4.2 there shall be negligible (less than 2 seconds)
down time per year for a D-link layer transport
only.
15.2.5 Where available, a signaling link layer shall satisfy
interoffice and intraoffice diversity of facilities and
equipment, such that:
15.2.5.1 no single failure of facilities or equipment
causes the failure of both links in an A-link
layer (i.e., the links should be provided on a
minimum of two (2) separate physical paths
end-to-end); and
15.2.5.2 no two concurrent failures of facilities or
equipment shall cause the failure of ail four (4)
links in a D-link layer (i.e., the links should
be provided on a minimum of three (3) separate
physical paths end-to- end).
15.2.6 For requested link layers, U S WEST will provide Pac-West with
the level of diversity available.
15.3 Interface Requirements
15.3.1 There shall be a DS-1 (1.544 Mbps) interface at the
Pac-West-designated SPOIs. Each 56 Kbps transmission path
shall appear as a DS-0 channel within the DS-1 interface.
16. Signaling Transfer Points (STPs)
16.1 Definition:
33
Signaling Transfer Points ("STP"s) provide functionality that enable the
exchange of SS7 messages among and between switching elements. database elements
and signaling transfer points.
16.2 Technical Requirements
16.2.1 STPs shall provide signaling access to all other Network
Elements connected to the U S WEST SS7 network. These include.
16.2.1.1 U S WEST Local Switching or Tandem Switching;
16.2.1.2 U S WEST Service Control Points/Data Bases
connected to or resident on service control
points;
16.2.1.3 Third-party local or tandem switching systems
connected to the U S WEST signaling network; and
16.2.1.4 Third-party-provided STPs connected to the U S
WEST signaling network.
16.2.2 The connectivity provided by STPs shall fully support the
functions of all other Network Elements connected to U S
WEST's SS7 network. This includes the use of U S WEST's SS7
network to convey messages which neither originate nor
terminate at a signaling end point directly connected to the U
S WEST SS7 network (i.e., transit messages). When the U S WEST
SS7 network is used to convey transit messages, there shall be
no alteration of the Integrated Services Digital Network User
Part ("ISDNUP") or Transaction Capabilities Application Part
("TCAP") user data that constitutes the content of the
message.
16.2.3 If a U S WEST tandem switch routes traffic, based on dialed or
translated digits, on SS7 trunks between an Pac-West local
switch and third party local switch, U S WEST's SS7 network
shall convey the TCAP messages necessary to provide Call
Management features (automatic callback, automatic recall, and
screening list editing) between the Pac-West local STPs and
the STPs that provide connectivity with the third party local
switch, even if the third party local switch is not directly
connected to U S WEST's STPs.
16.2.4 STPs shall provide all functions of the MTP as specified in
ANSI T1. 111 (Reference 12.5.2). This includes:
16.2.4.1 Signaling Data Link functions, as specified in ANSI
T1. 111.2;
16.2.4.2 Signaling Link functions, as specified in ANSI T1.
111.3; and
16.2.4.3 Signaling Network Management functions, as specified
in ANSI T1. 111.4.
16-2.5 STPs shall provide all functions of the SCCP necessary for
Class 0 (basic connectionless) service, as specified in ANSI
T1. 112. In particular, this includes Global Title Translation
("GT7) and SCCP Management procedures, as specified in ANSI
T1. 112.4.
34
16.2.6 In cases where the destination signaling point is either a U S
WEST local or tandem switching system or data base, or is an
Pac-West or third party local or tandem switching system
directly connected to U S WEST's SS7 network, U S WEST STPs
shall perform final GTT of messages to the destination and
SCCP Subsystem Management of the destination. In ail other
cases, STPs shall perform intermediate GTT of messages to a
gateway pair of STPs in an SS7 network connected with the U S
WEST SS7 network, and shall not perform SCCP Subsystem
Management of the destination.
16.2.7 STPs shall also provide the capability to route SCCP messages
based on ISNI, as specified in ANSI T1. 118, when this
capability becomes available on U S WEST STPs.
16.2.8 STPs shall provide all functions of the OMAP commonly provided
by STPs, as specified in the reference in Section 16.5.6. This
includes:
16.2.8.1 MTP Routing Verification Test ("MRVT); and,
16.2.8.2 SCCP Routing Verification Test ("SRVT").
16.2.9 In cases where the destination signaling point is either a U S
WEST local or tandem switching system or database, or is an
Pac-West or third party local or tandem switching system
directly connected to the U S WEST SS7 network, STPs shall
perform MRVT and SRVT to the destination signaling point. In
all other cases, STPs shall perform MRVT and SRVT to a gateway
pair of STPs in an SS7 network connected with the U S WEST SS7
network. This requirement shall be superseded by the
specifications for inter-network MRVT and SRV`T if and when
these become approved ANSI standards and available
capabilities of U S WEST STPs.
16.2.10 STPs shall be equal to or better than the following
performance requirements:
16.2.10.1 MTP Performance, as specified in ANSI T1. 111.6;
and
16.2.10.2 SCCP Performance, as specified in ANSI T1.112.5.
16.3 Interface Requirements
16.3.1 U S WEST shall provide the following STPs options to connect
Pac-West or Pac-West-designated local switching systems or
STPs to the U S WEST SS7 network:
16.3.1.1 An A-link interface from Pac-West local switching
systems.
16.3.2 Each type of interface shall be provided by one or more sets
(layers) of signaling links, as follows:
16.3.2.1 An A-link layer shall consist of two (2) links.
16.3.3 The Signaling Point of Interconnection ("SPOI") for each link
shall be located at a cross-connect element, such as a DSX-1,
in the central office where the U S WEST STPs are located.
There shall be a DS-1 or higher rate transport interface at
each of the SPOIs. Each signaling link shall appear as a DS-0
channel within the DS-1 or higher rate interface.
35
U S WEST shall offer higher rate DS-1 signaling for
interconnecting Pac-West local switching systems or STPs with
U S WEST STPs as soon as these become approved ANSI standards
and available capabilities in U S WEST's network.
16.3.4 U S WEST shall provide MTP and SCCP protocol interfaces that
shall conform to all relevant sections in the following
specifications:
16.3.4.1 Bellcore GR-905-CORE, Common Channel Signaling
Network Interface Specification (CCSNIS)
Supporting Network Interconnection, Message
Transfer Part (MTP), and Integrated Services
Digital Network User Part (ISDNUP); and
16.3.4.2 Bellcore GR-1432-CORE, CCS Network Interface
Specification (CCSNIS) Supporting Signaling
Connection Control Part (SCCP) and Transaction
Capabilities Application Part (TCAP).
16.4 Message Screening
16.4.1 U S WEST shall set message screening parameters in order to
accept messages from Pac-West local or tandem switching
systems destined to any signaling point in the U S WEST SS7
network with which the Pac-West switching system has a
signaling relation.
16.4.2 U S WEST shall set message screening parameters in order to
accept messages from Pac-West local or tandem switching
systems destined to any signaling point or network
interconnected to the U S WEST SS7 network with which the
Pac-West switching system has a signaling relation.
16.4.3 U S WEST shall set message screening parameters in order to
accept messages destined to an Pac-West local or tandem
switching system from any signaling point or network
interconnected to the U S WEST SS7 network with which the
Pac-West switching system has a signaling relation.
16-4.4 U S WEST shall set message screening parameters in order to
accept and send messages destined to an Pac-West SCP from any
signaling point or network interconnected to the U S WEST SS7
network with which the Pac-West SCP has a signaling relation.
16.5 STP Requirements
16-5.1 Subject to the provisions of Section 1.3.1 and 1.3.2 of Part A
of this Agreement STPs shall be equal to or better than all of
the requirements for STPs set forth in the following technical
references:
16.5.2 ANSI T1. 111-1992 American National Standard for
Telecommunications - Signaling System Number 7 (SS7) - Message
Transfer Part (MTP);
16.5.3 ANSI T1. 11 1A-1 994 American National Standard for
Telecommunications - Signaling System Number 7 (SS7) -
Message Transfer Part (MTP) Supplement
16.5.4 ANSI T1. 112-1992 American National, Standard for
Telecommunications - Signaling System Number 7 (SS7) -
Signaling Connection Control Part (SCCP);
36
16.5.5 ANSI T1. 1150-1990 American National Standard for
Telecommunications - Signaling System Number 7 (SS7) -
Monitoring and Measurements for Networks:
16.5.6 ANSI T1. 116-1990 American National Standard for
Telecommunications - Signaling System Number 7 (SS7) -
Operations, Maintenance and Administration Part (OMAP);
16.5.7 ANSI T1. 118-1992 American National Standard for
Telecommunications - Signaling System Number 7 (SS7) -
Intermediate Signaling Net-work Identification (ISNI);
16.5.8 Bellcore GR-905-CORE, Common Channel Signaling Network
Interface Specification (CCSNIS) Supporting Network
Interconnection, Message Transfer Part (MTP), and Integrated
Services Digital Network User Part (ISDNUP); and
16.5.9 Bellcore GR-1432-CORE, CCS Network Interface Specification
(CCSNIS) Supporting Signaling Connection Control Part (SCCP)
and Transaction Capabilities Application Part (TCAP).
17. Service Control Points/Databases
17.1 Definition:
17.1.1 Databases are the Network Elements that provide the
functionality for storage of, access to, and manipulation of
information required to offer a particular service and/or
capability. Databases include, but are not limited to: Number
Portability, LIDB, Toil Free Number Database, Automatic
Location Identification/Data Management System and AIN.
17.1.2 A Service Control Point ("SCP") is a specific type of Database
Network Element functionality deployed in a Signaling System 7
("SS7") network that executes service application logic in
response to SS7 queries sent to it by a switching system also
connected to the SS7 network. SCPs also provide operational
interfaces to allow for provisioning, administration and
maintenance of subscriber data and service application data
(e.g., a toll free database stores subscriber record data that
provides information necessary to route toll free calls).
17.2 Technical Requirements for SCPs/Databases
Requirements for SCPs/Databases within this section address
storage of information, access to information (e.g., signaling
protocols and response times), and administration of
information (e.g., provisioning, administration, and
maintenance). All SCPs/Databases shall be provided to Pac-West
in accordance with the following requirements, except where
such a requirement is superseded by specific requirements set
forth in Subparagraphs 17.3 through 17.7 of this Attachment:
17.2.1 U S WEST shall provide interconnection to SCPs
through the U S WEST designated STPs using SS7
network and protocols, as specified in Section 16 of
this Attachment, with TCAP as the application layer
protocol.
17.2.2 Regional SCP pairs shall be available pursuant to
applicable technical reference documents.
37
17.2.3 U S WEST shall provide to Pac-West Database
provisioning consistent with the provisioning
requirements of this Agreement (e.g., data required,
edits. acknowledgments, data format and transmission
medium and notification of order completion).
17.2.4 The operational interface provided by U S WEST shall
complete Database transactions (i.e., add, modify,
delete) for Pac-West subscriber records stored in U S
WEST databases at panty with which U S WEST
provisions its own subscriber records.
17.2.5 U S WEST shall provide Database maintenance
consistent with the maintenance requirements as
specified in this Agreement (e.g., notification of U
S WEST network affecting events, testing, dispatch
schedule and measurement and exception reports).
17.2.6 When and where available, U S WEST shall provide
billing and recording information to track Database
usage consistent with Connectivity Billing and
recording requirements as specified in this Agreement
(e.g., recorded message format and content,
timeliness of feed, data format and transmission
medium).
17-2.7 U S WEST shall provide SCPs/Datab2ses in accordance
with the physical security requirements specified in
this Agreement.
17.2.8 U S WEST shall provide SCPs/Databases in accordance
with the logical security requirements specified in
this Agreement.
18
17.3 Number Portability Database
17.3.1 Definition:
The Number Portability ("NP") Database supplies routing
numbers for calls involving numbers that have been ported from
one local service provider to another. NP database
functionality shall also include Global Title Translations
("G77) for calls involving ported numbers even if U S WEST
provides GTT functionality in another Network Element U S WEST
shall provide the NP Database in accordance with industry
standards which shall supersede the following as needed.
17.3.2 Requirements
17.3.2.1 U S WEST shall make U S WEST NP Database available
for Pac-West switches to query to obtain the
appropriate routing number on calls to ported numbers
or the industry specified indication that the number
is not ported for non-ported numbers in NPA-NXXs;
that are opened to portability. The specified
indication will also be provided when the NPA-NXX is
not open to portability.
17.3.2.2 Query responses shall provide such additional
information (e.g., Service Provider identification)
as may be specified in the NP implementation in the
relevant regulatory jurisdiction.
17.3.2.3 U S WEST shall complete CLASS or LIDB queries routed
to the U S WEST network by Pac-West switches and
return the appropriate response to the querying
source.,
17.3.2.4 The NP Database shall provide such other
functionality as has been specified in the regulatory
jurisdiction in which portability has been
implemented.
17.3.2.5 Unavailability of the NP Database query and GTT
applications shall not exceed four (4) minutes per
year.
17-3.2.6 The U S WEST NP Database shall respond to a round
trip query within 500 milliseconds or as amended by
industry standards.
17.3.3 Interface Requirements
U S WEST shall interconnect the signaling interface between
the Pac-West or other local switch and the NP Database using
the TCAP protocol as specified in the technical references in
this Agreement, together with the signaling network interface
as specified in the technical references in this Agreement,
and such further requirements (e.g., AIN or IN protocols) as
may be specified by regulatory or other bodies responsible for
implementation of number portability.
17.4 Line Information Database (LIDB)
This Section 17.4 defines and sets forth additional requirements for
the Line Information Database.
39
17.4.1 Definition:
The Line Information Database ("LIDB") is a transaction-oriented
database accessible through Common Channel Signaling ("CCS") networks.
It contains records associated with subscriber Line Numbers and Special
Billing Numbers (in accordance with the requirements in the technical
reference in Section 17.6.5). LIDB accepts queries from other Network
Elements, or Pac-West's network, and provides appropriate responses.
The query originator need not be the owner of LIDB data. LIDB queries
include functions, such as screening billed numbers, that provide the
ability to accept Collect or Third Number Billing calls and validation
of Telephone Line Number based non-proprietary calling cards. The
interface for the LIDB functionality is the interface between the U S
WEST CCS network and other CCS networks. LIDB also interfaces to
administrative systems. The administrative system interface provides
work centers with an interface to LIDB for functions such as
provisioning, auditing of data, access to LIDB measurements and
reports.
17.4.2 Technical Requirements
17.4.2.1 U S WEST shall enable Pac-West to store in U S WEST's LIDB any
fine number or special billing number. Pac-West will provide
U S WEST a non binding LIDB forecast Prior to the availability
of permanent NP, U S WEST shall enable Pac-West to store in
U S WEST's LIDB any subscriber Line Number or Special Billing
Number record for Pac-West resale, unbundled Network Elements
and facility based customers, in accordance with the technical
reference in Section 17.6.5, whether ported or not, for which
the NPA-NXX or NXX-O/IXX Group is supported by that LIDB.
17.4.2.2 Prior to the availability of permanent NP, U S WEST shall
enable Pac-West to store in U S WEST's LIDB any subscriber
Line Number or Special Billing Number record for Pac-West
resale, unbundled Network Elements and facility based
customers, in accordance with the technical reference in
Section 17.6.5, whether ported or not, and NPA-NXX and
NXX-0/IXX Group Records, belonging to an NPA-NXX or NXX-0/1 XX
owned by Pac-West
17.4.2.3 Subsequent to the availability of permanent NP, U S WEST shall
enable Pac-West to store in U S WEST's LIDB any subscriber
Line Number or Special Billing Number record for Pac-West
resale, unbundled Network Elements and facility based
customers, in accordance with the technical reference in
Section 17.6.5, whether ported or not, regardless of the
number's NPA-NXX or NXX-OAXX.
17.4.2.4 U S WEST shall perform the following LIDB functions (i.e.,
processing of the following query types as defined in the
technical reference in Section 17.6.5) for Pac-West's
subscriber records in LIDB:
17.4.2.4.1 Billed Number Screening (provides information such
as whether the Billed Number may accept Collect or
Third Number Billing calls);
17.4.2.4.2 Calling Card Validation; and
40
17.4.2.4.3 Originating Line Number Screening
(OLNS), when available.
17.4.2.5 U S WEST shall process Pac-West's subscriber
records in LIDB at least at parity with U S
WEST subscriber records, with respect to
other LIDB functions (as defined in the
technical reference in Section 17.6). U S
WEST shall indicate to Pac-West what
additional functions, it any, are performed
by LIDB in its network. Within ninety (90)
days after the Effective Date of this
Agreement, the Parties shall develop an
interim procedure to process Pac-West
subscriber records.
17.41.6 Within two (2) weeks after a request by
Pac-West, U S WEST shall provide Pac-West
with a list of the subscriber data items
which Pac-West would have to provide in
order to support each required LIDB
function. The list t shall indicate which
data items are essential to LIDB function,
and which are required only to support
certain services. For each data item, the
list shall show the data formats, the
acceptable values of the data item and the
meaning of those values.
17.4.2.7 U S WEST shall provide LIDB performance in
accordance with section 17.6.5.
17.4.2.8 U S WEST shall provide Pac-West with the
capability to provision (e.g., to add,
update, and delete) NPA-NXX and NXX-O/IXX
Group Records, and Line Number and Special
Billing Number Records, associated with
Pac-West subscribers, directly into U S
WEST's LIDB provisioning process. Within
ninety (90) days after the Effective Date of
this Agreement, the Parties shall establish
an interim process to meet the requirements
of this Section.
17.4.2.9 Unless directed otherwise by Pac-West in the
event end user subscribers change their
local service provider to Pac-West, U S WEST
shall maintain subscriber data (for fine
numbers, card numbers, and for any other
types of data maintained in LIDB) so that
such subscribers shall not experience any
interruption of service due to the lack of
such maintenance of subscriber data.
17.4.2.10 All additions, updates and deletions of
Pac-West data to the LIDB shall be made
solely at the direction of Pac-West
17.4-2.11 U S WEST shall provide priority updates to
LIDB for Pac-West data upon Pac-West's
request (e.g., to support fraud protection).
17.4.2.12 When available, U S WEST shall provide
Pac-West the capability to directly obtain,
through an electronic interface, reports of
all Pac-West data in LIDB. Within ninety
(90) days after the Effective Date of this
Agreement, the Parties shall establish an
interim process to meet the requirements of
this Section.
17.4.2.13 (Intentionally left blank for numbering
consistency)
17.4-2-14 U S WEST shall perform backup and recovery
of all of Pac-West's data in LIDB as
frequently as U S WEST performs backup and
recovery for itself and any other Person,
including sending to LIDB all changes made
since
41
the date of the most recent backup copy. Backup will be
performed weekly. When needed, recovery will take place within
twenty-four (24) hours.
17.4.2.15 U S WEST shall provide to Pac-West access to LIDB measurements
and reports at least at panty with the capability U S WEST has
for its own subscriber records and that U S WEST provides to
any other party. Such access shall be electronic. Within
ninety (90) days after the Effective Date of this Agreement,
the Parties shall establish an interim process to meet the
requirements of this Section.
17.4.2.16 U S WEST shall provide Pac-West with LIDB reports of data
which are missing or contain errors, as well as any misroute
errors, within the same time period as U S WEST provides such
reports to itself. Within ninety (90) days after the Effective
Date of this Agreement, the Parties shall establish a process
to meet the requirements of this Section.
17.4.2.17 U S WEST shall prevent any access to or use of Pac-West data
in LIDB by U S WEST personnel or by any other party not
authorized in writing by Pac-West
17.4.2.18 If and when technically feasible, U S WEST shall provide
Pac-West performance of the LIDB Data Screening function,
which allows a LIDB to completely or partially deny specific
query originators access to LIDB data owned by specific data
owners (in accordance with the technical reference in Section
17.6.5) for subscriber data that is part of an NPA-NXX or NXX
O/IXX wholly or partially owned by Pac-West at least at parity
with U S WEST subscriber data. U S WEST shall obtain from
Pac-West the screening information associated with LIDB Data
Screening of Pac-West data in accordance with this requirement
17.4.2.18.1 The parties agree to investigate technical
feasibility of variable LIDB database screening to accomplish
17.4.2.18 above.
17.4.2.19 U S WEST shall accept queries to LIDB associated with Pac-West
subscriber records, and shall return responses in accordance
with the requirements of this Section 17.
17.4.3 Interface Requirements
U S WEST shall offer LIDB in accordance with the requirements of this
Section 17.4.3.
17.4.3.1 The interface to LIDB shall be in accordance with the
technical reference in Section 17.6.3.
17.4.3.2 The CCS interface to LIDB shall be the standard interface
described in Section 17.6.3.
17.4.3.3 The LIDB Database interpretation of the ANSI-TCAP messages
shall comply with the technical reference in Section
17.6.4. Global Title Translation shall be maintained in the
signaling network in order to support signaling network
routing to the LIDB.
42
17.5 Toll Free Number Database
The Toll Free Number Database is an SCP that provides functionality
necessary for toll free (e.g., 800 and 888) number services by
providing routing information and additional vertical features during
call set-up in response to guesses from SSPs. This Section 17.5
supplements the requirements of Section 17.2 and 17.7. U S WEST shall
provide the Toll Free Number Database in accordance with the following
subsections:
17.5.1 Technical Requirements
17.5.1.1 U S WEST shall make the U S WEST Toll Free Number
Database available, through its STPs, for Pac-West to
query from Pac-West's designated switch including U S
WEST unbundled Local Switching.
17.5.1.2 The Toll Free Number Database shall return carrier
identification and, where applicable, the queried
toll free number, translated numbers and instructions
as it would in response to a query from a U S WEST
switch.
17.5.2 Interface Requirements
The signaling interface between the Pac-West or other local
switch and the TollFree Number Database shall use the TCAP
protocol as specified in the technical reference in Section
17.6. 1, together with the signaling network interface as
specified in the technical references in Sections 17.6.2 and
17.6.6.
17.6 SCPs/Databases shall be at least equal to all of the
requirements for SCPs/Databases set forth in the following
technical references:
17.6.1 GR-246-CORE, Xxxx Communications Research
Specification of Signaling System Number 7, Issue 1
(Bellcore, December 199X);
17.6.2 GR-1432-CORE, CCS Network Interface Specification
(CCSNIS) Supporting Signaling Connection Control Part
(SCCP) and Transaction Capabilities Application Part
(TCAP) (Bellcore, March 1994);
17.6.3 GR-954-CORE, CCS Network Interface Specification
(CCSNIS) Supporting Line Information Database (LIDB)
Service 6, Issue 1, Rev. 1 (Bellcore, October 1995);
17.6.4 GR-1 149-CORE, OSSGR Section 10: System Interfaces,
Issue 1 (Bellcore, October 1995) (Replaces TR-NWT-001
149);
17.6.5 GR-1 158-CORE, OSSGR Section 22.3: Line Information
Database 6, Issue (Bellcore, October 1995); and
17.6.6 GR-1428-CORE, CCS Network Interface Specification
(CCSNIS) Supporting Toll Free Service (Bellcore, May
1995).
17.7 Advanced Intelligent Network ("AIN") Access, Service Creation
Environment and Service Management System ("SCE/SMS") Advanced
Intelligent Network Access
17.7.1 U S WEST shall provide mediated access to all U S
WEST service applications, current or future (if
technically feasible), resident in U S WEST's SCP
through
43
U S WEST's STPs. Such access may be from Pac-West s switch or U S
WEST's unbundled local switch.
17.7.2 SCE/SMS AIN Access shall provide Pac-West the ability to create service
applications in the U S WEST SCE and deploy those applications via the
U S WEST SMS to the U S WEST SCP. This interconnection arrangement
shall provide Pac-West access to the U S WEST development environment
and administrative system in a manner at least at panty with U S WEST's
ability to deliver its own AIN-based services. SCE AIN Access is the
development of service applications within the U S WEST Service
Creation Environment capability. SMS AIN Access is the provisioning of
service applications via the U S WEST Service Management System
capability. AIN trigger provisioning will be accomplished through the U
S WEST local unbundled switching.
17.7.3 Services Available. U S WEST shall make SCE hardware, software, testing
and technical support (e.g., technical contacts, system administrator)
resources available to Pac-West Scheduling of SCE resources shall allow
Pac-West at least equal priority to U S WEST.
17.7.4 Multi-user Access. The U S WEST SCE/SMS shall allow for multi-user
access with proper source code management and other logical security
functions.
17.7.5 Partitioning. When available, the U S WEST SCP shall partition and
protect Pac-West service logic and data from unauthorized SMS
capability and SCE capability access, execution or other types of
compromise.
17.7.6 Training and Documentation. U S WEST shall provide training and
documentation for Pac-West development staff only in cases in which
such training or documentation is not reasonably available from another
source. If training or documentation is required in accordance with
this Section, it will be provided in a manner at least at panty with
that provided by U S WEST to its development staff. Training will be
conducted at a mutually agreed upon location.
17.7.7 Access Environment. When Pac-West selects SCE/SMS AIN Access, U S WEST
shall provide for a secure, controlled access environment on-site. When
available Pac-West may request mutually agreed upon remote data
connections (e.g., dial up, LAN, WAN).
17.7.8 Data Exchange. When Pac-West selects SMS AIN Access, U S WEST shall
allow Pac-West to download data forms and/or tables to the U S WEST
SCP, via the U S WEST SMS capability, in the same fashion as U S WEST
downloads such forms and/or tables for itself.
17.7.9 Certification Testing. Certification testing is typically a two step
process that includes an off-line unit test followed by an on-line
controlled introduction testing into one of each of the U S WEST switch
types capable of supporting the service. Services created by Pac-West
will require certification testing by U S WEST before the services can
be provisioned in the network. The scheduling of U S WEST certification
testing resources for new Pac-West services will be jointly coordinated
and prioritized between U S WEST and Pac-West. Pac-West testing
requirements will be given equal priority with both U S WEST and other
providers' requirements. In most circumstances, such testing will be
completed within sixty (60) days from
44
the date the application is submitted by Pac-West to
U S WEST for certification. In circumstances
involving complex applications requiring additional
time for testing, U S WEST may request additional
time and Pac-West will not unreasonably withhold
approval of such request. The certification testing
procedures described in this Section may be augmented
as mutually agreed to by the Parties.
17.7.10 Access Standard. SCPs/Databases shall offer SCE/SMS
AIN Access in accordance with the requirements of
GR-1280-CORE, AIN Service Control Point (SCP) Generic
Requirements.
17.8 (Intentionally left blank for numbering consistency)
17.9 Pac-West will provide to U S WEST timely non-binding forecasts
of SS7 call transactions, link requirements, database query
volumes, etc., as needed for sizing the individual network
capabilities that Pac-West will utilize under the terms of
this Agreement.
17.10 CCS Service includes:
17.10.1 Entrance Facility - The entrance facility connects
Pac-West's signaling point of interface with the U
S WEST Serving Wire Center ("SWC").
17.10.2 Direct Link Transport ( "DLT") - The DLT connects
the Pac-West SWC to the U S WEST STP.
17.10.3 STP Port - The STP port provides the switching
function at the STP. One (1) STP port is required
for each DLT link. The port provides access to the
SCP.
17.11 Advanced Intelligent Network ("AIN") triggers will be provided
only to access U S WEST databases. Access to AIN functions is
available only through the STP. If Pac-West requires other
access, it will submit a Bona Fide Request
18. Additional Requirements
This Section 18 of Attachment 3 sets forth the additional requirements
for unbundled Network Elements which U S WEST agrees to offer to
Pac-West under this Agreement
18.1 Cooperative Testing
18.1.1 Definition:
Cooperative Testing means that U S WEST shall
cooperate with Pac-West upon request or as needed to
(a) ensure that the Network Elements and Ancillary
Functions and additional requirements being provided
to Pac-West by U S WEST are in compliance with the
requirements of this Agreement, (b) test the overall
functionality of various Network Elements and
Ancillary Functions provided by U S WEST to Pac-West
in combination with each other or in combination with
other equipment and facilities provided by Pac-West
or third parties, and (c) ensure that all operational
interfaces and processes are in place and functioning
property and efficiently for the provisioning and
maintenance of Network Elements and Ancillary
Functions and so that all appropriate billing data
can be provided to Pac-West.
18.1.2 Requirements
45
Within forty-five (45) days of the Effective Date of this
Agreement, Pac-West and U S WEST will agree upon a process
to resolve technical issues relating to interconnection or
Pac-West's network to U S WEST's network and Network Elements
and Ancillary Functions. The agreed upon process shall
include procedures for escalating disputes and unresolved
issues up through higher levels of each Party's management If
Pac-West and U S WEST do not reach agreement on such a
process within the 45-day time period, any issues that have
not been resolved by the Parties with respect to such process
shall be submitted to the dispute resolution procedures set
forth in Part A of this Agreement unless both Parties agree
to extend the time to reach agreement on such issues.
18.1.2.1 U S WEST shall provide Pac-West access for testing
at any interface between a U S WEST Network Element
or Combinations and Pac-West equipment or
facilities. Such test access shall be sufficient to
ensure that the applicable requirements can be
tested by Pac-West. This access shall be available
seven (7) days per week, twenty-four (24) hours per
day.
18.1.2.2 Pac-West May test any interfaces, Network Elements
or Ancillary Functions and additional requirements
provided by U S WEST to Pac-West pursuant to this
Agreement.
18.1.2.3 U S WEST shall provide engineering data as requested
by Pac-West for the loop components as set forth in
this Attachment 3 which Pac-West may desire to test.
Such data shall include equipment engineering and
cable specifications, signaling and transmission
path data.
18.1.2.4 The Parties shall establish a process to provide
engineering/office support information on unbundled
Network Elements (e.g., central office layout and
design records and drawings, system engineering and
other applicable documentation) pertaining to a
Network Element or Ancillary Function or the
underlying equipment that is then providing a
Network Element or Ancillary Function to Pac-West
18.1.2.5 Upon request from Pac-West, U S WEST shall provide
to Pac-West all applicable test results from U S
WEST testing activities on a Network Element or
Ancillary Function or additional requirement or the
underlying equipment providing a Network Element or
Ancillary Function or additional requirements.
Pac-West may review such test results and may notify
U S WEST of any detected deficiencies.
18.1.2.6 U S WEST shall temporarily provision Pac-West
designated Local Switching features for testing.
Within sixty (60) days of the Effective Date of this
Agreement, Pac-West and U S WEST shall mutually
agree on the procedures to be established between U
S WEST and Pac-West to expedite such provisioning
processes for feature testing.
18.1.2.7 Upon Pac-West's request, U S WEST shall make
available technical support to meet with Pac-West
representatives to provide required support for
Cooperative Testing. U S WEST shall define the
process to gain access to such technical support.
46
18.1.2.8 Dedicated Transport and Loop Feeder may experience
alarm conditions due to in-progress tests. U S WEST
shall notify Pac-West upon removal of such
facilities from service.
18.1.2.9 U S WEST shall exercise its best efforts to notify
Pac-1/Vest prior to conducting tests or maintenance
procedures on Network Elements or Ancillary
Functions or on the underlying equipment that is
then providing a Network Element or Ancillary
Function, that will likely cause a service
interruption or degradation of service.
18.1.2.10 U S WEST shall provide a single point of contact to
Pac-West that is available seven (7) days per week,
twenty-four (24) hours per day for trouble status,
sectionalization, resolution, escalation, and
closure. Such staff shall be adequately skilled to
allow expeditious problem resolution.(10)
18.1.2.11 U S WEST shall make available to
Pac-West access to 105 responders
100-type test lines, or 102-type test
lines associated with any circuits
under test.
18.1.2.12 Pac-West and U S WEST shall complete
Cooperative Testing in accordance with
the procedures set forth in Attachment
5.
18.1.2.13 U S WEST shall participate in
Cooperative Testing requested by
whenever it is deemed necessary by
Pac-West to insure services
performance, reliability and subscriber
serviceability.
18.1.2.14 Pac-West may accept or reject the
Network Element ordered by if, upon
completion of cooperative acceptance
testing, the tested Element does not
meet the requirements stated herein.
18.2 Performance
18-2.1 Scope(11)
The performance of all Network Elements and
Ancillary functions Pac-West orders from U S WEST
to provide local service will be at least equal to
that it provides to itself, to any subsidiary,
affiliate, or any party for which it provides a
like service.
18.3 Protection, Restoration, and Disaster Recovery
18.3.1 Scope:
This Section refers specifically to requirements on the use of
redundant network equipment and facilities for protection,
restoration, and disaster recovery.
18.4 Synchronization
----------
10 Per Order at page 26, Issue 47.
11 Per Recommendations at page 26, Issue 144. Modified per Approval at page
13. paragraph F.
47
18.4.1 Definition:
Synchronization is the function which keeps ail digital equipment in a
communications network operating at the same average frequency. With
respect to digital transmission, information is coded into discrete
pulses, When these pulses are transmitted through a digital
communications network, all synchronous Network Elements are traceable
to a stable and accurate timing source. Network synchronization is
accomplished by timing all synchronous Network Elements in the network
to a stratum 1 traceable source so that transmission from these network
points have the same average line rate.
18.4.2 Technical Requirements
The following requirements are applicable to the case where U S WEST
provides synchronization to equipment that Pac-West owns and operates
within a U S WEST location. In addition, these requirements apply to
synchronous equipment that is owned by U S WEST and is used to provide
a Network Element to Pac-West.
18.4.2.1 The synchronization of clocks within digital networks is
divided into two parts: intra-building and inter-building.
Within a building, a single clock is designated as the
Building Integrated Timing Supply ("SITS"), which provides all
of the DS-1 and DS-0 synchronization references required by
other clocks in such building. This is referred to as
intra-building synchronization. The BITS receives
synchronization references from remotely located BITS such as
a primary reference source. Synchronization of BITS between
buildings is referred to as inter-building synchronization.
18.4.2.2 To implement a network synchronization plan, clocks within
digital networks are divided into four stratum levels. All
clocks in strata 2, 3, and 4 are synchronized to a stratum 1
clock, that is, they are traceable to a stratum clock. A
traceable reference is a reference that can be traced back
through some number of clocks to a stratum 1 source. Clocks in
different strata are distinguished by their free running
accuracy or by their stability during trouble conditions such
as the loss of all synchronization references.
18.4.2.2.1 Intra-Building
Within a building, there may be different kinds of equipment
that require synchronization at the DS-1 and DS-0 rates.
Synchronization at the DS-1 rate is accomplished by the
frequency synchronizing presence of buffer stores at various
DS-1 transmission interfaces. Synchronization at the DS0 rate
is accomplished by using a composite clock signal that phase
synchronizes the clocks. Equipment requiring DS-0
synchronization frequently does not have adequate buffer
storage to accommodate the phase variations among different
equipment. Control of phase variations to an acceptable level
is accomplished by externally timing all interconnecting DS-0
circuits to a single clock source and by limiting the
interconnection of DS-0 equipment to less than 1,500 cable
feet Therefore, a SITS shall provide DS-1 and composite clock
signals when the appropriate composite signal is a 64-kHz 5/8'
duty cycle, return to zero with a bipolar violation every
eighth pulse (B8RZ).
48
18.4.2.2.2 Inter-Building
U S WEST shall provide inter-building
synchronization at the DS-1 rate. and the BITS
shall accept the primary and/or secondary
synchronization links from BITS in other buildings
where necessary. From hierarchical considerations,
the BITS shall be the highest stratum clock within
the building and U S WEST shall provide operations
capabilities. When available such capability
includes, but is not limited to: synchronization
reference provisioning; synchronization reference
status inquiries: timing mode status inquiries; and
alarm conditions.
18.4.3 Synchronization Distribution Requirements
18.4.3.1 Central office BITS shall contain redundant clocks meeting or
exceeding the requirements for a stratum 3 clock as specified
in ANSI T1. 101-1994 and ANSI TL 105.09 and Bellcore
GR-NWT-001 244 Clocks for the Synchronized Network: Common
Genetic Criteria.
18.4.3.2 Central office BITS shall be powered by primary and backup
power sources.
18.4.3.3 If both reference inputs to the BITS are interrupted or in a
degraded mode (meaning off frequency greater than twice the
minimum accuracy of the BITS, loss of frame, excessive bit
errors, or in Alarm Indication Signal), then the stratum clock
in the BITS shall provide the necessary bridge in timing to
allow the network to operate without a frame repetition or
deletion (slip free) with better performance than specified in
these technical references specified in 18.4.3.1.
18.4.3.4 DS-1 s multiplexed into a SON ET synchronous payload envelope
within an STS-n (where "n" is defined in ANSI T1. 105-1995)
signal shall not be used as reference facilities for network
synchronization.
18.4.3.5 The total number of Network Elements cascaded from the stratum
1 source shall be minimized.
18.4.3.6 A Network Element shall receive the synchronization reference
signal only from another Network Element that contains a clock
of equivalent or superior quality (stratum level).
18.4.3.7 U S WEST shall select for synchronization those facilities
shown to have the greatest degree of availability (absence of
outages).
18.4.3.8 Where possible, ail primary and secondary synchronization
facilities shall be physically diverse (this means the maximum
feasible physical separation of synchronization equipment and
cabling).
18.4.3.9 No timing loops shall be formed in any combination of primary
and secondary facilities.
18.4.3.10 U S WEST shall continuously monitor the BITS for
synchronization related failures.
49
18.4.3.11 U S WEST shall continuously monitor ail equipment
transporting synchronization facilities for
synchronization related failures.
18.4.3.12 For non-SONET equipment U S WEST shall provide
synchronization facilities which, at a minimum,
comply with the standards set forth in ANSI
T1.101-1994.
18.4.3.13 For SONET equipment, U S WEST shall provide
synchronization facilities that have time deviation
(TDEV) for integration times greater than 0.05
seconds and less than or equal to ten (10) seconds,
that is less than or equal to 100 nanoseconds. TDEV,
in nanoseconds, for integration times greater than
ten (10) seconds and less than 1000 seconds, shall be
less than 31.623 times the square-root of the
integration time.
18.5 SS7 Network Interconnection
18.5.1 Definition:
SS7 Network Interconnection is the interconnection of Pac-West
local Signaling Transfer Point (STPs) with U S WEST STPs. This
interconnection provides connectivity that enables the exchange
of SS7 messages among U S WEST switching systems and databases,
Pac-West local or tandem switching systems. and other
third-party switching systems directly connected to the U S WEST
SS7 network.
18.5.2 Technical Requirements
18.5.2.1 SS7 Network Interconnection shall provide signaling
connectivity to ail components of the U S WEST SS7
network through U S WEST STPs. These include:
18.5.2.1.1 US WEST local or tandem switching systems;
18.5.2.1.2 U S WEST databases; and
18.5.2.1.3 other third-party local or tandem
switching systems.
18.5.2.2 The connectivity provided by SS7 Network
Interconnection shall support the functions of U S
WEST switching systems and databases and Pac-West or
other third-party switching systems with A-link
access to the U S WEST SS7 network.
18.5.2.3 SS7 Network Interconnection shall provide transport
for certain types of Transaction Capabilities
Application Part ("TCAP') messages. If traffic is
routed based on dialed or translated digits between
an Pac-West local switching system and a U S WEST or
other third-party local switching system, either
directly or via a U S WEST tandem switching system,
then it is a requirement that the U S WEST SS7
network convey via SS7 Network Interconnection the
TCAP messages necessary to provide Call Management
services (Automatic Callback, Automatic Recall, and
Screening List Editing) between the Pac-West local
STPs and the U S WEST or other third-party STPs.
50
18.5.2.4 When the capability to route messages based on
Intermediate Signaling Network Identifier ("ISNI")
is generally available on U S WEST STPs. the U S
WEST SS7 Network shall also convey TCAP messages
using SS7 Network Interconnection in similar
circumstances where the U S WEST switch routes
traffic based on a Carrier Identification Code
("CIC").
18.5.2. 5 SS7 Network Interconnection shall provide all
functions of the MTP as specified in ANSI T1. 111.
This includes: 18.5.2.5.1 Signaling Data Link
functions, as specified in ANSI T1.111.2; 18.5.2.5.2
Signaling Link functions, as specified in ANSI
T1.111.3; and 18.5.2.5.3 Signaling Network
Management functions, as specified in ANSI T1.
111.4.
18.5.2.6 SS7 Network Interconnection shall provide all
functions of the SCCP necessary for Class 0 (basic
connectionless) service, as specified in ANSI T1.
112.
18.5.2.7 Where the destination signaling point is a U S WEST
switching system or database, or is another
third-party local or tandem switching system
directly connected to the U S WEST STPs (SS7
network), SS7 Network Interconnection shall include
final GTT of messages to the destination and SCCP
Subsystem Management of the destination.
18.5.2.8 Where the destination signaling point is an Pac-West
local or tandem switching system, SS7 Network
Interconnection shall include intermediate GTT of
messages to a gateway pair of Pac-West local STPs,
and shall not include SCCP Subsystem Management of
the destination.
18.5.2.9 SS7 Network Interconnection shall provide all
functions of the Integrated Services Digital Network
User Part (ISDNUP), as specified in ANSI T1. 113.
18.5.2.10 SS7 Network Interconnection shall provide all
functions of the TCAP, as specified in ANSI T1. 114.
18.5.2.11 If and when inter-network MTP Routing Verification
Test (MRVT) and SCCP Routing Verification Test
(SRVT) become approved ANSI standards and available
capabilities of both U S WEST and Pac-West STPs, SS7
Network Interconnection shall provide these
functions of the OMAP.
18.5.2.11.1 The Parties shall develop a mutually
agreed upon interim process for MRVT and SRVT within
ninety (90) days of the Effective Date of this
Agreement. Either Party shall be allowed to shut off
MRVT/SRVT for preservation of network integrity.
18.5.2.12 SS7 Network Interconnection shall be equal to or
better than the following performance requirements:
51
18.5.2.12,1 MTP Performance, as specified in ANSI T1.
111.61
18.5.2.12.2 SCCP Performance, as specified in ANSI T1.11
12.5, and
18.5.2.12.3 ISDNUP Performance, as specified in ANSI T1.
113.95.
18.5.3 Interface Requirements
18.5.3.1 U S WEST shall offer the following SS7 Network Interconnection
options to connect Pac-West or Pac-West-designated STPs to the
U S WEST STPs (SS7 network):
18.5.3.1.1 D-link interface from Pac-West STPs.
18.5.3.2 Each interface shall be provided by one or more sets (layers)
of signaling links as follows:
18.5.3.2.1 A D-link layer shall consist of four links.
18.5.3.3 The Signaling Point of Interconnection ("SPOI") for each link
shall be located at a cross-connect element (e.g., DSX-1) in
the central office where the U S WEST STPs are located. There
shall be a DS-1 or higher rate transport interface at each of
the SPOIs. Each signaling link shall appear as a DS-0 channel
within the DS-1 or higher rate interface. U S WEST shall offer
higher rate DS-1 signaling links for interconnecting Pac-West
local switching systems or STPs with U S WEST STPs as soon as
these become approved ANSI standards and available
capabilities of U S WEST STPs.
18.5.3.3.1 In each LATA, there will be two (2) SPOIs. The
requirement for two SPOIs is driven by the critical
importance attached by the Parties to signaling
link diversity.
18.5.3.3.2 Each Party will designate one (1) of the two (2)
SPOIs in a reasonable and efficient location in the
LATA. A SPOI can be any existing cross connect
point in the LATA.
18.5.3.3.3 Each signaling link requires a port on each Party's
STP.
18.5.3.4 Where available, the U S WEST central office shall provide
intraoffice diversity between the SPOIs and the U S WEST STPs,
so that no single failure of intraoffice facilities or
equipment shall cause the failure of both D-links in a layer
connecting to U S WEST's STPs.
18.5.3.5 The protocol interface requirements for SS7 Network
Interconnection include the MTP, ISDNUP, SCCP and TCAP. These
protocol interfaces shall conform to the following
specifications:
18.5.3.5.1 Bellcore GR-905-CORE, Common Channel Signaling
Network Interface Specification (CCSNIS) Supporting
Network Interconnection, Message Transfer Part
(MTP), and Integrated Services Digital Network User
Part (ISDNUP);
52
18.5.3.5.2 Bellcore GR-1428-CORE, CCS
Network Interface Specification (CCSNIS)
Supporting Toll Free Service:
18.5.3.5.3 Bellcore GR-1429-CORE, CCS
Network Interface Specification (CCSNIS)
Supporting Call Management Services: and
18.5.3.5.4 Bellcore GIR-1432-CORE, CCS
Network Interface Specification (CCSNIS)
Supporting Signaling Connection Control Part
(SCCP) and Transaction Capabilities
Application Part (TCAP).
18.5.3.6 To the extent technically feasible, U S WEST
shall set message screening parameters to
block accept messages from Pac-West local or
tandem switching systems destined to any
signaling point in the U S WEST SS7 network
with which the Pac-West switching system has
a legitimate signaling relation.
18.5.4 SS7 Network Interconnection shall be equal to or
better than all of the requirements for SS7 Network
Interconnection set forth in the following technical
references:
18.5.4.1 ANSI T1. 110-1992 American National Standard
Telecommunications Signaling System Number 7
(SS7) - General Information;
18.5.4.2 ANSI T1. 111-1992 American National Standard
for Telecommunications - Signaling System
Number 7 (SS7) - Message Transfer Part
(MTP);
18.5.4.3 ANSI T1.1 1 1A-1994 American National
Standard for Telecommunications - Signaling
System Number 7 (SS7) - Message Transfer
Part (MTP) Supplement;
18.5.4.4 ANSI T1. 112-1992 American National Standard
for Telecommunications - Signaling System
Number 7 (SS7) - Signaling Connection
Control Part (SCCP);
18.5.4.5 ANSI T1. 113-1995 American National Standard
for Telecommunications - Signaling System
Number 7 (SS7) - Integrated Services Digital
Network (ISDN) User Part;
18.5.4.6 ANSI T1. 114-1992 American National Standard
for Telecommunications - Signaling System
Number 7 (SS7) - Transaction Capabilities
Application Part (TCAP);
18.5.4.7 ANSI T1. 115-1990 American National Standard
for Telecommunications - Signaling System
Number 7 (SS7) - Monitoring and Measurements
for Networks;
18.5.4.8 ANSI T1. 1 16-1990 American National
Standard for Telecommunications - Signaling
System Number 7 (SS7) - Operations,
Maintenance and Administration Part (OMAP);
18.5.4.9 ANSI T1. 118-1992 American National Standard
for Telecommunications - Signaling System
Number 7 (SS7) - Intermediate Signaling
Network Identification (ISNI);
53
18.5.4.10 Bellcore GR-905-CORE, Common Channel
Signaling Network interface Specification
(CCSNIS) Supporting Network Interconnection,
Message Transfer Part (MTP), and Integrated
Services Digital Network User Part (ISDNUP);
18.5.4.11 Bellcore GR-954-CORE, CCS Net-work Interface
Specification (CCSNIS) Supporting Line
Information Database (LIDB) Service-,
18.5.4.12 Bellcore GR-1428-CORE, CCS Network Interface
Specification ("CCSNIS") Supporting Toll
Free Service:
18.5.4.13 Bellcore GR-1429-CCRE, CCS Network Interface
Specification (CCSNIS) Supporting Call
Management Services; and
18.5.4.14 Bellcore GR-1432-CORE, CCS Network Interface
Specification (CCSNIS) Supporting Signaling
Connection Control Part (SCCP) and
Transaction Capabilities Application Part
(TCAP).
54
Attachment 4
TABLE OF CONTENTS
1. Definitions..............................................................1
2. General Description .....................................................1
3. Location of Interconnection .............................................1
4. Collocation..............................................................2
5. Entrance Facility .......................................................2
6. Quality of Interconnection...............................................2
7. Points of Interconnection................................................2
8. Trunking Requirements ...................................................2
9. Service Interruptions ...................................................4
10. Forecasting ............................................................5
11. Signaling ..............................................................7
12. Ordering ...............................................................7
13. Network Management .....................................................7
14. Usage Measurement ......................................................8
15. Audiotext and Mass Announcement Services ...............................8
16. Interconnection to Network Elements ....................................8
17. Reciprocal Traffic Exchange ...........................................11
INTERCONNECTION
1. Definitions
1.1 For purposes of this Attachment 4, "Interconnection" is the
linking of the U S WEST and Pac-West networks for the mutual
exchange of traffic. Interconnection does not include the
transport and termination of traffic. Interconnection is
provided by virtual or physical collocation, entrance
facilities or meet point arrangements.
2. General Description
2.1 U S WEST will provide Interconnection at any technically
feasible point. subject to negotiations between the Parties;
such points may include, but not be limited to, a Meet Point,
the line side distribution frame of the local switch, the
trunk side distribution frame of the local switch, trunk
interconnection points of the tandem switch, central office
cross Connect points, and Signaling Transfer Points necessary
to exchange traffic and access call related databases.
2.2 Pac-West shall designate at least one POI in the LATA in which
Pac-West originates local traffic and interconnects with U S
WEST.' Pac-West will be responsible for engineering and
maintaining its network on its side of the POI. If and when
the Parties choose to interconnect at a mid-span meet,
Pac-West and U S WEST will jointly provision the fiber optic
facilities that connect the two (2) networks and shall share
the financial and other responsibilities for that facility.
2.3 Within ten (10) Business Days of Pac-Wests request for any
POI, U S WEST shall provide any information in its possession
or available to it regarding the environmental conditions of
the interconnection route or location including, but not
limited to, the existence and condition of asbestos, lead
paint, hazardous substance contamination, or radon.
Information is considered "available" under this Agreement if
it is in U S WEST's possession, or in the possession of a
current or former agent, contractor, employee, lessor, or
tenant of U S WEST's.
2.4 U S WEST shall allow Pac-West to perform any environmental
site investigations, including, but not limited to, asbestos
surveys, Pac-West deems to be necessary in support of its
collocation needs. Pac-West shall advise U S WEST in writing
of its intent to conduct any such investigations, and shall
receive written approval from U S WEST to proceed with the
investigation, which approval shall not be unreasonably
withheld. Pac-West shall indemnify U S WEST in accordance with
the provisions of Section 18 of Part A of this Agreement for
any loss or claim for damage suffered by U S WEST as a result
of Pac-Wests actions during any site inspection.
3. Location of Interconnection
3.1 Pac-West will be responsible for implementing and maintaining
its network on its side of the POI. U S WEST will be
responsible for implementing and maintaining its network on
its side of the POI. If and when the Parties choose to
interconnect at a Meet Point, Pac-West and U S WEST will
jointly provision the fiber optic facilities that connect the
two networks and shall proportionately share the financial and
other responsibilities for that facility based on
the reasonably negotiated Meet Point percentage.
Page 1
3.2 If Interconnection is complicated by the presence of
environmental contamination or hazardous materials, and an
alternative route is available. U S WEST shall make such
alternative route available for Pac-West's consideration.
4. Collocation
4.1 Interconnection may be accomplished through either virtual or
physical collocation. The terms and conditions under which
collocation will be available are described in Part A of this
Agreement.
5. Entrance Facility
5.1 Interconnection may be accomplished using an entrance facility
without the need for collocation. An entrance facility extends
from the Point of Interface to a point within a U S WEST
central office.
6. Quality of Interconnection
6.1 U S WEST will not, for the purpose of Interconnection, provide
to Pac-West less favorable terms and conditions than it
provides itself or any other Person or in a manner less
efficient than it would impose on itself or any other Person.
The quality of Interconnection will be at least equal to that
U S WEST provides to itself or any other Person. To the extent
that Pac-West requests higher or lower quality
Interconnection, Pac-West agrees to use the BFR process
described in Part A of this Agreement.
7. Points of Interconnection
7.1 Upon a request for specific point to point routing, U S WEST
will make available to Pac-West information indicating the
location and technical characteristics of U S WESTs network
facilities. The following alternatives are negotiable and
include, but are not limited to: (a) a DS-1 or DS-3 entrance
facility, where facilities are available (where facilities are
not available and U S WEST is required to build special or
additional facilities, special construction charges may
apply); (b) virtual collocation; (c) physical collocation; and
(d) negotiated Meet Point facilities. Each Party is
responsible for providing its own facilities up to the Meet
Point. The Parties will negotiate the facilities arrangement
between their networks.
8. Trunking Requirements
8.1 U S WEST agrees to provide designed interconnection facilities
that meet the same industry Standards for technical criteria
and service standards, such as the probability of blocking in
peak hours and transmission standards.
8.2(2) The Parties shall initially reciprocally terminate local
exchange traffic and intraLATA/interLATA toll calls
originating on each other's networks as follows:
8.2.1 There shall be no restrictions on traffic types
carried. Until the access structure is revised, to
accommodate non-segregated traffic, pursuant to rules
promulgated by the FCC or the Commission, two
----------
2 per Order at page 5, Issue 4.
Page 2
way trunk groups will be established wherever practical, based
upon Pac-West's request if Local Traffic and Toll Traffic are
combined in one (1) trunk group, Pac-West shall provide a
measure of the amount of local and toll traffic relevant for
billing purposes to U S WEST. U S WEST may audit the traffic
reported to it by Pac-West if it has reason to believe the
reported measurement is not accurate. Such audit shall be
conducted in accordance with the Audit Section of this
Agreement Exceptions to this provision will not be based on
technical infeasibility, but will be based on billing,
signaling, and network requirements. For example, exceptions
include: (a) billing requirements - switched access vs. local
traffic, (b) signaling requirements - MF vs. SS7, (c) network
requirements - Directory Assistance traffic to TOPS tandems,
and (d) one-way trunks for 911/E911. The following is the
current list of traffic types that require separate trunk
groups, unless otherwise specifically stated in this
Agreement:
(a) IntraLATA toll and interLATA switched access trunks
(b) EAS/local trunks
(c) Directory Assistance trunks
(d) 911/E911 trunks
(e) Operator Services trunks
(f) Non-U S WEST toll (transit toll to other providers)
(g) Non-U S WEST local (transit local to other providers)
(h) Commercial Mobile Radio Service/Wireless traffic
8.3 Separate trunk groups will be established connecting Pac-West's switch
or Pac-West's Operator Service center to U S WEST's Operator Service
center for operator-assisted busy line interrupt/verify. For traffic
from the U S WEST network to Pac-West for Operator Services, U S WEST
will provide one (1) trunk group per LATA served by the local U S WEST
switch.(3)
8.4 Trunk Servicing
8.4.1 Orders between the Parties to establish, add, change or
disconnect trunks shall be processed by use of an Access
Service Request ("ASR") or another industry standard for local
service ordering.
8.4.2 As further described in this Agreement, both Parties will
jointly manage the capacity of Local Interconnection trunk
groups. U S WESTs trunk servicing group will send a Trunk
Group Service Request ("TGSR"), or another industry standard
eventually adopted to replace the TGSR, to Pac-West to trigger
changes U S WEST desires to the Local Interconnection trunk
groups based on U S WESTs capacity assessment Pac-West will
issue an ASR or other industry ordering standard to U S WEST:
(a) within ten (10) Business Days after receipt of the
TGSR, upon review of and in response to U S WEST's
TGSR, or
----------
(3) Per Order at page 5, Issue 4.
Page 3
(b) at any time. as a result of Pac-West s own
capacity management assessment, to begin the
provisioning process. The interval used for
the provisioning of Local Interconnection
trunk groups shall be no longer than the
standard interval for the provisioning of U
S WEST's Switched Access service and shall
be consistent with U S WEST's actual
provisioning intervals for its own Switched
Access customers.
8.4.3 U S WEST will attempt to meet Pac-West requested due
date for the provision of Local Interconnection trunk
groups. Where the installation of Local
Interconnection trunk groups is required within a
time that is shorter than the standard interval, the
Parties will make all reasonable efforts and
cooperate in good faith to ensure that the mutually
agreed upon due date is met.
8.4.4 Orders that comprise a major project may be submitted
at the same time, in which case their implementation
shall be jointly planned and coordinated. Major
projects are those that require the coordination and
execution of multiple orders or related activities
between and among U S WEST and Pac-West work groups,
including, but not limited to, the initial
establishment of Local Interconnection or Meet Point
trunk groups and service in an area, NXX code moves,
re-homes, facility grooming, or network
rearrangements.
8.5 Trunking Requirements
3.5.1 Trunk group connections will be made at a DS-1 or
multiple DS-1 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 DS-1 level,
as agreed to by the Parties.
8.5.2 Where Common Channel Signaling ("CCS") is not
available, in-band multifrequency ("MF") wink start
signaling will be provided. This MIF arrangement will
require a separate local trunk circuit between
Pac-Wests switch and U S WESTs tandems. Reference
Technical Pub. TR314 and TR394.
9. Service Interruptions
9.1 Standards and procedures for notification of trunk disconnects
will be jointly developed by the Parties within ninety (90)
days of the Effective Date of this Agreement. 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.
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 (a) interfere with or impair
service over any facilities of the other Party; its
Affiliates, or its connecting and concurring carriers involved
in its services; (b) cause damage to their plant (c) violate
any applicable law or regulation regarding the invasion of
privacy of any communications carried over the Party's
facilities; or (d) create hazards to the employees of either
Party or to the public.
9.3 Each Party shall be solely responsible, and bear the expense,
for the overall design of its services. Each Party shall also
be responsible for any redesign or rearrangement of its
services that may be required because of changes in
facilities, operations or procedures, minimum network
protection criteria, and operating or maintenance
characteristics of the
Page 4
facilities. If one Party creates a circumstance causing
additional costs to the other Party, the other Party may
collect construction charges from the first Party.
9.4 To facilitate trouble reporting and to coordinate the repair
of the service provided by each Party to the other under this
Agreement. each Party shall designate and define a Trouble
Reporting Control Office ("TRCO") for such service. Each Party
shall furnish a trouble reporting telephone number for the
designated TRCO. This number shall have access to the location
where facility records are normally located and where current
status reports on any trouble re ports are readily available.
Current and historical trouble reports will be made available,
if necessary. Alternative out-of-hours procedures shall be
established to ensure access to a location that is staffed and
has the authority to initiate corrective action.
9.5 Where new facilities, services and arrangements are installed
to rectify the service interruption, 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.
9.6 The Parties shall cooperate in isolating trouble conditions.
Before either Party reports a trouble condition, it shall use
reasonable efforts to isolate the trouble.
9.7 In cases where a trouble condition affects a significant
portion of the other Party's service, the Parties shall assign
the same priority provided to other interconnecting carriers.
10. Forecasting
10.1 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.
10.2 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 (4) times a year. The quarterly forecasts shall
include forecasted requirements for each trunk group
identified in Paragraph 8.2.1 of this Attachment In addition,
for tandem-switched traffic, the forecast shall include 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 (3) (current and plus-1 and
plus-2) years and shall include:
10.2.1 the use of Common Language Location Identifier
(CLLI-MSG), which is described in Bellcore documents
SIR 000-000-000 and BR 000-000-000; and
10-2.2 a description of major network projects anticipated
for the following six (6) 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.
10.2.3 If forecasts vary significantly, the Parties shall
meet to review and reconcile such forecasts.
10.2.3.1 If the Parties are unable to reach such a
reconciliation, the Local Interconnection
trunk groups shall be provisioned to the
higher forecast. At the end of three (3)
months, the utilization of the Local
Interconnection
Page 5
trunk groups will be reviewed and if the average
CCS utilization for the third month is under
seventy five percent (75%) of capacity, either
Party may issue an order to resize the trunk group,
which shall be left with not less than twenty five
percent (25%) excess capacity,
10.2.3.2 If the Parties agree on the original forecast and
then it is determined that a trunk group is under
seventy five percent (75%) of CCS capacity on a
monthly-average basis for each month of any
three-month period, either Party may issue an order
to resize the trunk group, which shall be left with
not less than twenty five percent (25%) excess
capacity. In all cases, grade of service objectives
identified in this Agreement shall be maintained.
10.3 Each Party shall provide a specified point of contact for planning,
forecasting and trunk serving purposes.
10.4 Trunking can be established to tandems or end offices or a combination
of both via either one-way or two-way trunks. Trunking will be at the
XX-0 xxxxx, XX-0 xxxxx, XX-0 level, or any other technically feasible
level, subject to network disclosure requirements of the FCC. Initial
trunking will be established between Pac-West's switching centers and U
S WEST's access tandem(s). The Parties will utilize direct end office
trunking under the following conditions:
10.4.1 Tandem exhaust - If a tandem through which the Parties are
interconnected is unable to, or is forecasted to be unable to,
support additional traffic loads for any period of time, the
Parties will mutually agree on an end office trunking plan
that will alleviate the tandem capacity shortage and ensure
completion of traffic between Pac-West and U S WEST
subscribers.
10.4.2 Traffic volume - The Parties shall install and retain direct
end office trunking sufficient to handle actual or reasonably
forecasted traffic volumes, whichever is greater, between an
Pac-West switching center and a U S WEST end office where the
local traffic exceeds or is forecasted to exceed 512 CCS at
the busy hour.
10.4.3 Mutual agreement - The Parties may install direct end office
trunking upon mutual agreement in the absence of conditions
(1) or (2) above, which agreement shall not unreasonably be
withheld.
10.5 Grade of Service:
A blocking standard of one percent (1 %) during the average busy
day-busy hour, as defined by each Party's standards, for final trunk
groups between an Pac-West end office and a U S WEST access tandem
carrying Meet Point traffic shall be maintained. All other final trunk
groups are to be engineered with a blocking standard of one percent
(1%) Direct end office trunk groups are to be engineered with a
blocking standard of one percent (1%).
Page 6
11. Signaling
11.1 Signaling protocol. The Parties will interconnect their
networks using SS7 signaling as defined in GR-317 and GR-394,
including ISDN User Part ("ISUP") for trunk signaling and
Transaction Capabilities Application Part ("TCAP") for
CCS-based features in the interconnection of their networks.
All appropriate industry standards for signaling
interoperability will be followed.
11.2 The Parties will provide CCS to each other in conjunction with
all trunk groups supporting Local, Transit, and Toll Traffic.
The Parties will cooperate on the exchange of TCAP messages to
facilitate full interoperability of CCS-based features between
their respective networks, including all CLASS features and
functions. All CCS signaling parameters will be provided,
including automatic number identification (ANI), originating
line information (OLI), calling party category, charge number,
etc. For terminating Feature Group D, the Parties will pass
CPN if it receives CPN from Feature Group D carriers. All
privacy indicators will be honored. Where available, network
signaling information such as Transit Network Selection
("TNS") parameter (CCS platform) and CIC/OZZ information (no
n-CCS environment) will be provided by the Parties wherever
such information is needed for call routing or billing. The
Parties will follow all appropriate industry standards
pertaining to TNS and CIC/OZZ codes.
11.3 Standard Interconnection facilities shall be Extended
Superframe (ESF) with B8ZS line code. Where ESF/B8ZS is not
available, Pac-West will agree to using other Interconnection
protocols on an interim basis until the standard ESF1B8ZS is
available. U S WEST will provide anticipated dates of
availability for those areas not currently ESF/B8ZS
compatible.
11.4 Where Pac-West is unwilling to utilize an alternate
Interconnection protocol, Pac-West will provide U S WEST an
initial forecast of 64 Kbps clear channel capability ("64K
CCC") trunk quantities within thirty (30) days of the
Effective Date of this Agreement consistent with the
forecasting agreements between the Parties. Upon receipt of
this forecast, the Parties will begin joint planning for the
engineering, procurement, and installation of the designated
64K CCC Local Interconnection trunk groups and the associated
B8ZS Extended Super Frame facilities, for the purpose of
transmitting 64K CCC data calls between Pac-West and U S WEST.
Where additional equipment is required, such equipment will be
obtained, engineered, and installed on the same basis and with
the same intervals as any similar growth job for an IXC,
Pac-West or U S WEST internal customer demand for 64K CCC
trunks. Where technically feasible, these trunks will be
established as two-way.
12. Ordering
12.1 Pac-West may order Interconnection points using the ASIR
process or other industry standard for local service ordering.
12.2 U S WEST must provide installation to Pac-West in the shorter
of the time it provides installation to itself or any other
Person.
12.3 If Pac-West requests a shorter installation time than required
by the provisions of this Attachment, U S WEST may charge
Pac-West for any increased expense incurred for such
installation.
12.4 Pac-West shall, on each order for Local Interconnection
trunks, specify the Pac-West NXXs that are assigned to the
trunks.
13. Network Management
Page 7
13.1 Protective Protocols
Either Party may use protective network traffic management
controls such as 7-digit and 10 digit code gaps on traffic
toward each others network when required to protect the public
switched network from congestion due to facility failures,
switch congestion or failure or focused overload.
13.2 Rerouting Protocols
Where the capability exists, originating or terminating
traffic reroutes may be implemented by either Party to
temporarily relieve network congestion due to facility
failures or abnormal calling patterns. Reroutes will not be
used to circumvent normal trunk servicing. Rerouting controls
will only be used when mutually agreed to by the Parties.
13.3 Mass Calling
Pac-West and U S WEST shall cooperate and share pre-planning
information, where available and in compliance with federal
and state regulations. regarding cross-network xxxxxxx
expected to generate large or focused temporary increases in
call volumes, to prevent or mitigate the impact of these
events on the public switched network. Furthermore, INP
numbers may only be used consistent with network efficiency
and integrity i.e., inhibitions on mass calling events.
14. Usage Measurement
14.1 When applicable, each Party shall provide to the other
14.1.1 Bellcore AMA formatted records to generate bills to
the other Party;
14.1.2 measurement of minutes of use over Local
Interconnection trunk groups in actual conversation
seconds. The total conversation seconds over each
individual Local Interconnection trunk group will be
totaled for the entire monthly xxxx-round and then
rounded to the next whole minute; and
14.1.3 within twenty (20) calendar days after the end of
each quarter (commencing with the first full quarter
after the Effective Date of this Agreement), a usage
report with the total traffic volume described in
terms of minutes and messages and by call type (i.e.,
local, toll, and other) terminated to each other over
SS7 local interconnection trunk groups.
15. Audiotext and Mass Announcement Services
The Parties agree that access to the audiotext, mass announcement and
information services of one Party may be made available to the other
Party upon execution of a separate agreement or an amendment to this
Agreement.
16. Interconnection to Network Elements
16.1 Technical Requirements
16.1.1 When requested by Pac-West, US WEST shall provide
Interconnection between U S WEST Network Elements
provided to Pac-West and Pac-West's network at
Page 8
transmission rates designated by Pac-West. If additional
equipment beyond that which U S WEST currently has in
place. is planning to Put in place or is otherwise required
to have in place is required to meet such transmission
rates. the installation and/or acquisition of such
equipment shall be accomplished pursuant to the ordering
process set forth in this Agreement.
16.1.2 Traffic shall be combined and routed as follows:
16.1.2.1 At Pac-West's request, U S WEST shall receive
Pac-West traffic destined to the U S WEST Operator
Systems Network Element, on trunks from an Pac-West
end-office or an Pac-West tandem.
16.1.2.2 At Pac-West's request, U S WEST shall receive
Pac-West CAMA-ANI (Centralized Automatic Message
Accounting - Automatic Number Identification)
traffic destined to the U S WEST 911 PSAPs, or E911
tandems, on trunks from an Pac-West end-office.
16.1.2.3 At Pac-West' s request, U S WEST shall receive
Pac-West SS7 traffic destined to any U S WEST E911
tandem on trunks from an Pac-West end-office, when
SS7 E911 signaling is available in U S WEST's
network.
16.1.3 When requested by Pac-West and a third party carrier, U S WEST
shall provide interconnections between Pac-Wests network, and
the other carrier's network through the U S WEST network at
transmission rates designated by Pac-West, including, but not
limited to, XX-0, XX-0, and STS-1, where available. U S WEST
shall combine and route traffic to and from other local
carriers and interLATA carriers through the U S WEST network,
and, at Pac-Wests request, U S WEST shall record and keep
records of such traffic for Pac-West billing purposes to the
extent possible.
16.1.4 U S WEST shall provide two-way trunk groups for
Interconnections. At Pac-Wests request, and consistent with an
efficient network architecture, U S WEST shall provide
unidirectional traffic on such trunks, in either direction,
effectively operating them as if they were one-way trunk
groups.
16.1.5 All trunking provided by U S WEST shall adhere to the
applicable performance requirements set forth in the "General
Performance Requirements" section of this Agreement, pursuant
to Sections 1.3.1 and 1.3.2 of Part A of this Agreement
16.1.6 At Pac-Wests request, U S WEST shall work cooperatively with
Pac-West to provide for overflow routing from a given trunk
group or groups onto another trunk group or groups as Pac-West
designates.
16.1.7 U S WEST and Pac-West shall agree on the establishment of
two-way trunk groups for the exchange of traffic for other
IXCs. These trunk groups can be provided in a meet point
arrangement.
16.1.8 Interconnection shall be made available upon Pac-Wests request
at any technically feasible Point of Interface. All trunk
interconnections shall be provided, including, SS7, MF, DTMF,
DialPulse, PRI-ISDN (where available), DID (Direct Inward
Dialing), CAMA-ANI, and trunking necessary so that INP can be
provided.
16.2 Trunk Interface Requirements
Page 9
16.2.1 Trunks
16.2.1.1 U S WEST shall allow Pac-West to provide direct
trunking to each U S WEST E911 end office or tandem,
as is appropriate for the applicable serving area.
These trunks are to be provided as one-way trunks
from a given Pac-West end office to the U S WEST E911
end office or tandem.
16.2.1.2 U S WEST shall provide for overflow E911 traffic in
the same manner that U S WEST provides E911 overflow
for itself.
16.2.2 S911 Trunks
If and when S911 tandems become available in the U S WEST
network, U S WEST shall allow Pac-West to provide direct
trunking to each U S WEST S911 tandem. Such SS7 trunks are to
be provided as one-way trunks from a given Pac-West endoffice
to the U S WEST S911 tandem.
16.2.3 Local Switch and Access Tandem Trunks
16.2.3.1 U S WEST shall provide trunks groups provisioned
exclusively to carry intraLATA Toll Traffic, as
designated by Pac-West.
16.2.3.2 U S WEST shall provide trunk groups provisioned
exclusively to carry interLATA traffic, as
designated by Pac-West.
16.2.3.3 U S WEST shall provide SS7 trunks which provide SS7
Interconnection. At Pac-Wests request, MF trunks
may be substituted for SS7 trunks where applicable.
16.2.3.4 U S WEST shall simultaneously route calls based on
dialed digits (in accordance with the standard
GR-317-CORE), and Carrier Identification Code (in
accordance with the standard GR-394-CORE) over a
single SS7 trunk group.
16.2.4 U S WEST Operator Services Trunk
U S WEST shall provide Operator Services trunks as one-way
trunks from the U S WEST network to the Pac-West network.
16.3 Network Interconnecton between U S WEST and Pac-West shall meet or
exceed all of the requirements for network Interconnection set forth in
the following technical references:
16.3.1 GR-317-CORE, Switching System Generic Requirements for Call
Control Using the Integrated Services Digital Network User Part
(ISDNUP), Bellcore, February 1994;
16.3.2 GR-394-CORE. Switching System Generic Requirements for
Interexchange Carrier Interconnection Using the Integrated
Services Digital Network User Part (ISDNUP), Bellcore, February
1994;
16.3.3 XX-XXX-000000, XXXXX Operator Services Systems Generic
Requirements, Bellcore, 1994 Edition; and
10
16.3.4 FR-NVVT-000064, LATA Switching Systems Generic
Requirements (LSSGR), Bellcore. 1994 Edition.
17. Reciprocal Traffic Exchange
17.1 Scope
Reciprocal traffic exchange addresses the exchange of traffic
between Pac-West end users and U S WEST 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 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, compensation for reciprocal traffic
exchange applies solely to traffic exchanged directly between
the Parties without the use of third party transit providers.
17.2 Responsibilities of the Parties
17.2.1 U S WEST and Pac-West agree to treat each other
fairly, nondiscriminatorily, and equally for all
items included in this Agreement, or related to the
support of items included in this Agreement.
17.2.2 Pac-West and U S WEST agree to exchange such reports
and/or data as provided in this Agreement to
facilitate the proper billing of traffic.
17.2.3 (Intentionally left blank for numbering consistency)
17.2.4 Pac-West and U S WEST shall share responsibility for
all Control Office functions for Local
Interconnection trunks and trunk groups, and both
Parties shall share the overall coordination,
installation, and maintenance responsibilities for
these trunks and trunk groups.
17.2.5 The Party that performs the End Office function is
responsible for all Control Office functions for the
meet point trunking arrangement trunks and trunk
groups, and shall be responsible for the overall
coordination, installation, and maintenance
responsibilities for these trunks and trunk groups.
17.2.6 Pac-West and U S WEST shall:
17.2.6.1 Provide trained personnel with adequate
and compatible test equipment to work
with each other's technicians.
17.2.6.2 Notify each other when there is any
change affecting the service requested,
including the due date.
17.2.6.3 Coordinate and schedule testing
activities of their own personnel, and
others as applicable, to ensure its
Interconnection trunks/trunk groups are
installed per the Interconnection
order, meet agreed-upon acceptance test
requirements, and are placed in service
by the due date.
Page 11
17-2.6.4 Perform sectionalization to determine if a
trouble is located in its facility or its
portion of the Interconnection trunks odor to
referring the trouble to each other.
17.2.6.5 Advise each other's Control Office if there is
an equipment failure which may affect 'the
Interconnection trunks.
17.2.6.6 Provide each other with a trouble
reporting/repair contact number that is readily
accessible and available twenty-four (24) hours
per day, seven (7) days per week. Any changes to
this contact arrangement must be immediately
provided to the other Party.
17.2.6.7 Provide to each other test-line numbers and
access to test lines.
17.2.6.8 Cooperatively plan and implement coordinated
repair procedures for the meet point and Local
Interconnection trunks and facilities to ensure
trouble reports are resolved in a timely and
appropriate manner.
17.3 Types of Traffic
17.3.1 The types of traffic to be exchanged or provided under this
Agreement include., but are not limited to, the following:
17.3.1.1 EAS/Local Traffic,
17.3.1.2 Transit Traffic,
17.3.1.3 Switched Access Traffic,
17.3.1.4 Ancillary traffic includes all traffic destined
for Ancillary Services, or that may have special
billing requirements, including, but not limited
to, the following:
(a) Directory Assistance
(b) 911/E911
(c) Operator call termination (busy line
interrupt and verify)
(d) 800/888 database dip
(e) LIDB
(f) Information services requiring
special billing.
17.3.1.5 Unless otherwise stated in this Agreement,
ancillary traffic will be exchanged in
accordance with whether the traffic is
Local/EAS, intraLATA toll, or Switched Access.
17.4 Transport and Termination of Exchange Traffic
17.4.1 Termination of Local Traffic
Local Traffic will be terminated pursuant to the Reciprocal
Compensation described in Attachment 1.
17-4.2 EAS/Local Traffic
Page 12
As negotiated between the Parties, the exchange of local traffic
between the Parties may occur in several ways.
17.4.2.1 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 at
the "initial" point of Interconnection:
17.4.2.2 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 (which is included in the tandem call
termination rate) or direct trunk transport;
17.4.2.3 To the extent that Pac-West has established a collocation
arrangement at a U S WEST end office location, and has
available capacity, the Parties agree that Pac-West shall
provide two-way direct trunk facilities, when required,
from that end office to the Pac-West switch. In all other
cases, the direct facility may be provisioned by U S WEST
or Pac-West or a third party. If both Pac-West and U S
WEST desire to provision the facility and cannot otherwise
agree, the Parties may agree to resolve the dispute
through the submission of competitive bids.
17.4.3 Transit Traffic
17.4.3.1 U S WEST will accept traffic originated by Pac-West and
will terminate it at a point of interconnection with
another CLEC, Exchange Carrier, IXC or Wireless Carrier.
U S WEST will provide this transit service through Tandem
Office Switches. Pac-West may also provide U S WEST with
Transit Service.
17.4.3.2 The Parties expect that all networks 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 EMIR
standard and to exchange records with both the transiting
company and the terminating company, to facilitate the
billing process to the originating network.
17.4.3.3 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).
17.4.4 Tall Traffic
Toll Traffic routed to an access tandem, or directly routed to
an end office, will be terminated as Switched Access Service.
17.5 Interface Code Availability And Optional Features
17.5.1 Interface Code Availability
Page 13
Supervisory Signaling specifications. and the applicable
network channel interface codes for Local
Interconnection trunks, are the same as those used for
Feature Group D Switched Access Service. as described in
the Parties' applicable Switched Access tariffs.
17.5.2 Optional Features
17.5.2.1 Inband MF or SS7 Out of Band Signaling Inband
MF signaling and SS7 out of band signaling are
available for local trunks. MF signaling or
SS7 out-of-band signaling must be requested on
the order for the new local trunks.
Provisioning of the local 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
Service, as described in this Agreement, must
be ordered by Pac-West when SS7 out-of-band
signaling is requested on local trunks.
17.5.2.2 Clear Channel Capability Clear channel
capability permits 00 XX-0-00 kbit/s services
or 1.536 Mbit/s of information on the 1.544
Mbit/s line rate. Clear channel capability is
available for local trunks equipped with SS7
out-of-band signaling. Clear channel
capability is only available on trunks to U S
WEST's access tandem switch or U S WEST's end
office switches (where available). Clear
channel capability must be requested on the
order for the new local trunks. The
provisioning of the local trunks equipped with
clear channel capability is the same as that
used for Feature Group D Switched Access
Service. U S WEST will provide Pac-West with a
listings of U S WEST end offices, local
tandems and access tandems equipped with clear
channel capability. (Clear channel capability
is not available on trunks to U S WEST's local
tandem switches or end offices where it is
currently not deployed. Pac-West agrees to use
the BFR 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).
17.6 Measuring Local Interconnection Minutes
17.6.1 Measurement of terminating Local Interconnection minutes, as
calculated per Attachment 5, begins when the terminating local
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 local trunks
ends when the terminating local entry switch receives
disconnect supervision from either the called end user's end
office, indicating the called end user has disconnected, or
Pac-Wests Point of Interconnection, whichever is recognized
first by the entry switch.
17.6.2 U S WEST and Pac-West are required to provide each other the
proper call information (e.g., originated call party number
and destination call party number, etc.) to enable each Party
to issue bills in a Complete and timely fashion.
17.7 Testing
17.7.1 Acceptance Testing
14
At the time of installation of a local trunk group, and at no
additional charge, the Parties will cooperatively test the
same parameters test d for terminating Feature Group D
Switched Access Service.
17.7.2 Testing Capabilities
17.7.2.1 Terminating Local Interconnection trunk testing
i's 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).
17.7.2.2 In addition to Local Interconnection trunk
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.
17.8 Mileage Measurement
Where required, the mileage measurement for Local Interconnection
facilities and trunks is determined in the same manner as the mileage
measurement for Feature Group D Switched Access Service.
15
Attachment 5
TABLE OF CONTENTS
ATTACHMENT 5
BUSINESS PROCESS REQUIREMENTS
1. General Business Requirements ........................................1
2. Pre-Ordering .........................................................3
3. Ordering and Provisioning ............................................8
4. Connectivity Billing and Recording ..................................18
5. Provision Of Customer Usage Data ....................................27
6. Maintenance .........................................................37
7. Miscellaneous Services and Functions ................................43
1. General Business Requirements
1.1 Procedures
1.1.1 U S WEST Contact with Subscribers
1.1.1.1 Pac-West at all times shall be the primary contact and
account control for ail interactions with its
subscribers, except as specified by Pac-West. Pac-West
subscribers include active Customers as well as those
for whom service orders are pending.
1.1.1.2 U S WEST shall ensure that any U S WEST personnel who
may receive customer inquiries, or otherwise have
opportunity for subscriber contact: (a) provide
appropriate referrals and telephone numbers to
subscribers who inquire about Pac-West services or
products; (b) do not in any way disparage Pac-West or
its products or services during such inquiry or
subscriber contact; and (c) do not provide information
about U S WEST products or services during that same
inquiry or subscriber contact.
1.1.1.3 Pac-West shall ensure that any Pac-West personnel who
may receive customer inquiries, or otherwise have
opportunity for subscriber contact: (a) provide
appropriate referrals and telephone numbers to
subscribers who inquire about U S WEST services or
products; (b) do not in any way disparage U S WEST, or
its products or services during such inquiry or
subscriber contact; and (c) do not provide information
about Pac-West products or services during that same
inquiry or subscriber contact.
1.1.1.4 U S WEST shall not use Pac-West s request for
subscriber information, order submission or any other
aspect of Pac-Wests processes or services to aid U S
WESTs marketing or sales efforts.
1.1.2 Expedite, Escalation and Disaster Procedures
1.1.2.1 No later than sixty (60) days after the Effective Date
of this Agreement. U S WEST and Pac-West shall develop
mutually acceptable escalation and expedite procedures
which may be invoked at any point in the Service
Ordering, Provisioning, Maintenance and Subscriber
Usage Data transfer processes to facilitate rapid and
timely resolution of disputes. Within the said sixty
(60) day period, U S WEST and Pac-West will establish
intercompany contact lists for purposes of handling
subscriber and other matters which require
attention/resolution outside of normal business
procedures. To the extent possible, U S WEST shall
notify Pac-West of any changes to its escalation
contact list at least one (1) week before such chances
are effective.
1.1.2.2 No later than sixty (60) days after the Effective Date
of this Agreement, U S WEST and Pac-West shall jointly
establish contingency and disaster recovery plans for
those cases in which normal Service Ordering,
Provisioning, Maintenance, Billing and other procedures
for U S WESTs unbundled Network Elements, features,
functions and Resale Services are inoperable.
1.1.3 Operational and Technological Changes
1.1.3.1 U S WEST shall notify Pac-West of any material
operational or technological (e.g., network, systems
interfaces) changes related to any services,
Interconnection
Page 1
methods, or Network Elements purchased by Pac-West. At
the time U S WEST decides to make such a change, U S
WEST will notify Pac-West in sufficient time to allow
Pac-West to make necessary adjustments to accommodate
the change, but in no case with less than thirty (30)
days' notice, unless otherwise agreed to by the
Parties. Objections to the proposed change must be
given in writing to U S WEST in a reasonable time. For
the purposes of this Section, material changes snail be
defined as those changes which will likely impact
current interactions between Pac-West (or its
customers) and U S WEST.
1.1.3.2 U S WEST agrees to notify Pac-West whenever an Pac-West
subscriber who is provided local service through
Services for Resale, INP/NP, or unbundled Network
Elements changes Pac-West PIC status.
1.1.4 Customer of Record
1.1.4.1 Providing Pac-West has obtained proper Customer
authorization, U S WEST shall recognize Pac-West as the
Customer of Record for all Network Elements or Services for
Resale ordered by Pac-West and shall send all notices,
invoices, and information which pertain to such ordered
services directly to Pac-West Pac-West will provide U S WEST
with addresses to which U S WEST shall send all such notices,
invoices, and information.(1)
1.1.5 Work Center Interface Procedures
1.1.5.1 U S WEST and Pac-West shall, within ninety (90) days
of the Effective Date of this Agreement, develop and implement
work center interface procedures for each function/business
process necessary for fulfilling the terms of this Agreement
1.2 Service Offerings
1.2.1 Changes in Retail Service Offerings
1.2.1.1 Pursuant to Section 23.2 of Part A of this Agreement,
U S WEST shall provide summaries to Pac-West describing the
proposed change(s) of services which are available for resale
pursuant to this Agreement.
1.2.1.2 (Intentionally left blank for numbering consistency)
1.2.1.3 U S WEST shall provide Pac-West with access to new
services, features, and functions concurrent with U S WEST's
notice to Pac-West of such changes, so that Pac-West may
evaluate these services.
1.2.2 Essential Services
1.2.2.1 U S WEST shall designate trunks or lines as an
Essential Service Line (ESL) or Telecommunications Service
Priority (TSP), whichever is applicable, upon Pac-Wests
request, based on industry standards.
----------
1 Per Order at page 23, Issue 40.
Page 2
1.2.3 Blocking Services
1.2.3.1 Upon request from Pac-West, U S WEST shall provide
blocking in accordance with U S WEST standard intervals for
700, 900, and 976 services. or other services of similar type
as may now exist or may be developed in the future according to
industry standards, and shall provide Billed Number Screening
("BNS"), including required LIDB updates, or equivalent
service for blocking completion of xxxx-to-third parry and
collect calls, on a line. trunk, or individual service basis.
1.2.4 Training Support
1.2.4.1 U S WEST will train its employees who may communicate
with Pac-West subscribers to treat Pac-West in a
nondiscriminatory manner. U S WEST will solicit and may take
into account input from Pac-West in the development of such
training and will permit Pac-West to review. but not approve,
such training. Such training will comply with the branding
requirements of this Agreement.
1.2.4.2 U S WEST or its agent shall train Pac-West employees on
U S WEST's systems and processes necessary to assure the
accuracy of required information exchange between Pac-West.
Information/materials provided to Pac-West should include, at a
minimum, operational and procedural information, and U S
WEST-specific system access/interface instruction for
performing similar functions.
1.2.5 Carrier Identification Codes
U S WEST shall provide to Pac-West the active Carrier
Identification Codes (CIC) for both Dial 1 and toll free (e.g.,
800, 888) services for each of its access tandems pursuant to
industry guidelines.
2. Pre-Ordering
2.1 General Business Requirements
2.1.1 Street Address Guide (SAG)
Within sixty (60) days after the Effective Date of this
Agreement, U S WEST shall provide to Pac-West the SAG data in
an electronic format, when available. or otherwise as mutually
agreed. All changes to the SAG shall be provided to Pac-West on
a weekly basis.
2.1.2 CLASS and Custom Features
2.1.2.1 Pac-West may order the entire set of CLASS and Custom
features and functions, or a subset of any one or any
combination of such features. In addition, U S WEST shall
provide Pac-West with a list of features and functions
available on an end office by end office basis.
2.1.3 Customer Payment History
2.1.3.1 Pac-West and U S WEST agree to make available to a
Mutually agreed upon third-party credit reporting agency, on a
timely basis, such of the following Customer payment history
information available for each person or entity that applies
for local service or intraLATA toll Telecommunications
Service(s) from either Party:
Page 3
2.1.3.1.1 Applicant's name:
2.1.3.1.2 Applicant's address;
2.1.3.1.3 Applicant's previous phone number, if any;
2.1.3.1.4 Amount, if any, of unpaid balance in
applicant's name:
2.1.3.1.1 Whether applicant is delinquent on payments:
2.1.3.1.6 Length of service with prior local or
intraLATA toll provider:
2.1.3.1.7 Whether applicant had local or intraLATA toll
service terminated or suspended within the last
six (6) months with an explanation of the
reason therefore; and,
2.1.3.1.8 Whether applicant was required by prior local
or intraLATA toll provider to pay a deposit or
provide another form of security including
the amount of each.
2.1.3.2 Such information shall be provided on the condition
that the credit reporting agency only make such information
available to the carrier to which the person or entity in
question has applied for Telecommunication Service(s).
2.1.4 Number Administration/Number Reservations
2.1.4.1 Until Number Administration functions are assumed by a
neutral third party in accordance with FCC rules and
regulations, U S WEST shall assign NXXs to Pac-West on a
non-discriminatory and equivalent basis following NANP
guidelines. In addition, U S WEST shall provide testing and
loading of Pac-West's NXX on the same basis as U S WEST
provides itself or its Affiliates. Further, in U S WESTs role
as number administrator, it shall provide Pac-West with access
to abbreviated dialing codes, access arrangements for 555 line
numbers, and the ability to obtain telephone numbers, including
vanity numbers, while a customer is on the phone with Pac-West
U S WEST shall provide the same range of number choices to
Pac-West, including choice of exchange number, as U S WEST
provides its own customers. Reservation and aging of numbers
shall remain U S WESTs responsibility.
2.1.4.2 Pac-West may reserve blocks of U S WEST telephone
numbers in accordance with U S WEST's tariffs, or in the same
manner U S WEST reserves telephone numbers for its own use.
2.1.4.3 Where Pac-West has obtained its own NXX, but has
purchased U S WEST Services for Resale o r Network Elements, U
S WEST agrees to recognize the Pac-West NXX in U S WESTs switch
according to the local calling area defined by Pac-West and
approved by the Commission.
2.1.4.4 For resale and the unbundled switching element U S WEST
shall accept Pac-West orders for vanity numbers and blocks of
numbers for use with complex services including, but not
limited to, DID, Centrex, and hunting arrangements, as
requested by Pac-West on a non-discriminatory, equivalent basis
following NANP guidelines.
2.1.4.5 For simple services, U S WEST shall provide real-time
electronic interfaces to Pac-West to obtain telephone number
confirmation while the customer is on the line. When real time
electronic interfaces are not available for simple services
number reservations, U S WEST shall provide alternative means
for confirmation of the number reservation while the customer
is on the line. For number reservations associated with complex
services, U S WEST shall provide confirmation of the number
reservation
Page 4
within forty-eight (48) hours of Pac-West's request or within
such time as U S WEST may provide to itself or Affiliates,
whichever is less.
2.1.4.6 Number Resources Arrangements
2.1.4.6.1 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).
2.1.4.6.2 To the extent U S WEST serves as Central Office
Code Administrator for a given region, U S WEST will support
all Pac-West requests related to central office code (NXX)
administration and assignments in the manner required and
consistent with the Central Office Code Assignment
Guidelines.
2.1.4.6.3 (intentionally left blank for numbering
consistency)
2.1.4.6.4 The Parties will comply with (NXX) administration
requirements as prescribed by the FCC, the Commission, and
accepted industry guidelines.
2.1.4.6.5 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.
2.1.4.6.6 Each Party shall be responsible for notifying its
customers of any changes in numbering or dialing
arrangements to include changes such as the introduction of
new NPAs or new NXX codes.
2.1.4.6.7 Until an impartial entity is appointed to
administer telecommunications numbering, U S WEST will
assign NXX codes to Pac-West in accordance with national
guidelines at no charge and on a nondiscriminatory basis.
2.1.4.6.8 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.
2.1.4.7 U S WEST shall provide -provisioning support outside of
scheduled work hours on a nondiscriminatory exception basis as
requested by Pac-West. Such support may be subject to a minimum
labor charge.
2.1.4.8 Service Assurance Warranties and Incentives: U S WEST
shall provide to Pac-West service assurance warranties and
incentives as U S WEST provides such
Page 5
service warranties and incentives to its own end users or any
other Person except as otherwise provided by the Commission.
2.1.4.9 Availability of Network Capacity: Consistent with
Pac-West's forecasts. U S WEST shall deploy and keep deployed
network facilities for Pac-West services in a
non-discriminatory manner and in the same manner as U S WEST
makes such facilities available to itself for its services.
2.1.4.10 Workcenter Interface Methods and Procedures: U S WEST
and Pac-West shall finalize interface methods and procedures
between their respective work centers detailing systems and
processes for ordering and provisioning. Such methods and
procedures shall be completed within one hundred twenty (120)
days after a written request by either Party. The lack of
workcenter interface methods and procedures shall not inhibit
the provision of services under this Agreement.
2.2 Service Order Process Requirements
2.2.1 (intentionally left blank for numbering consistency)
2.2.2 Specific Unbundling Requirements
2.2.2.1 When ordering a Combination, Pac-'Nest shall have the
option of ordering all features, functions and capabilities of
each Network Element.
2.2.2.2 When Pac-West orders Network Elements, U S WEST shall
provision all features, functions, and capabilities appropriate
to the Network Elements which may include, but are not limited
to:
2.2.2.2.1 the basic switching function of connecting lines
to lines, lines to trunks, trunks to lines, and trunks to
trunks, as well as the same basic capabilities made
available to U S WEST's Customers, such as telephone number,
white page listing, and dial tone; and
2.2.2.2.2 all other features the switch has activated,
including, but not limited to, custom calling, custom local
area signaling service features and Centrex, as well as any
technically feasible customized routing functions provided
by the switch.
2.3 Systems Interfaces and Information Exchanges
2.3.1 General Requirements
(Intentionally left blank for numbering consistency)
2.3.2 Pre-Ordering and Provisioning for Resale Services and Unbundled
Network Elements
2.3.2.1 U S WEST shall provide to Pac-West a list of all
intraLATA and interLATA carriers available for Customer
selection on a central office level.
2.3.2.2 (intentionally left blank for numbering consistency)
2.3.2.3 U S WEST shall provide Pac-West with access to Customer
Profile Information ("CPI") without requiring Pac-West to
produce a signed Letter of
Page 6
Authorization ("LOA") subject to proof of authorization
requirements described elsewhere in this Agreement, based on
Pac-Wests blanket representation that the Customer has
authorized Pac-West to obtain such CPI.
2.3.2.3.1 CPI shall be in a mutually agreed to format at the
line and/or trunk level. U S WEST shall provide to Pac-West
a real-time. electronic interlace to U S WEST Customer
information systems which will allow Pac-West to obtain the
Customer profile, which may include, but not be limited to.
Customer name, service addresses, billed telephone
number(s), and identification of features and services
provided by U S WEST on the Customer accounts. and to obtain
information on all features and services available in the
end office where Customer's services are currently
provisioned. The preceding information may not include
services deemed not to be Telecommunications Services by the
Commission.
2.3.2.3.1.1 Until access is available via a real-time,
electronic interface for CPI, U S WEST agrees that
Pac-West can obtain CPI in an interim mutually agreed
to manner and in accordance with Section 3.2 of this
Attachment to facilitate the service order process.
2.3.2.4 (Intentionally left blank for numbering consistency)
2.3.2.5 U S WEST shall provide to Pac-West, upon request, a list
of all current features and functions technically available from
each switch, by switch CLLI. Notice of the introduction of new
services shall be provided to Pac-West at least thirty (30) days
in advance of their availability.
2.3.2.6 (Intentionally left blank for numbering consistency)
2.3.2.7 Pending or Held Orders: U S WEST shall provide, when
available, the Pac-West information regarding a subscriber's
previous pending or held orders. If the subscriber has a pending
or held order, the status of the order shall not be negatively
impacted as a result of the subscriber changing local service
providers (i.e., due date for pending service chanced to later
date).
2.3.2.8 Special Construction: When U S WEST determines that
special construction is required, U S WEST shall notify Pac-West
on a timely basis of special construction requirements and
charges, and obtain Pac-West authorization before beginning such
construction.
2.3.3 Pre-Ordering and Provisioning for Unbundling
2.3.3.1 U S WEST shall provide to Pac-West, upon reasonable
request, sufficient engineering design and layout information for
Network Elements for specific applications.
2.3.3.2 U S WEST shall provide to Pac-West, upon request, advance
information of the details and requirements for planning and
implementing NPA splits in accordance with NANP Guidelines.
2.3.3.3 U S WEST shall make engineering support available to
Pac-West as is normal and customary in the provision of
Telecommunications Services, Network
Page 7
Elemental Combinations or Ancillary Functions as described in this
Agreement. Pac-West May request additional engineering support.
2.4 Pre-ordering Functions
"Pre-Ordering" and "Ordering" encompasses the preliminary set of
activities whereby a service representative interacts with the
customer in order to obtain the information required to write a
service order and consists of the following functions: verify an
address, check service availability, reserve a telephone number,
check for appointment availability, reserve an appointment and
return customer service information. These functions are described
as follows:
2.4.1 Address Verification - Provides Pac-West with the ability to
query for and receive the customer service location, serving
central office, and facility indicators. The facilities
indicator will indicate the availability of facilities for one
(1 ) access line at the address, if the cable pair is
available or working. If the cable pair is working, an
indication of a pending disconnect order and the due date will
be provided. This function does not reserve cable pairs.
2.4.2 Telephone Number Reservation - Provides Pac-West with the
capability to identify if one or more telephone numbers are
available and reserve them if available. This includes the
ability to reserve one or more specific numbers (vanity
numbers), a block of sequential or random block of numbers by
serving central office and/or NXX. If a work order is not
received within a negotiated amount of time, the reservation
will automatically expire.
2.4.3 Appointment Availability and Reservation - Provides Pac-West
with the capability to determine the next available due date,
the availability of a specific date, an indication if the date
is available or a selection of the next available date, any
closed dates beyond that date, and reservation of an available
appointment.
2.4.4 Service Availability - Allows Pac-West to determine the
availability of services and facilities to a specific
end-users' location(s). This capability indicates that the
service is available, that tariff rates apply, the amounts of
any additional recurring and nonrecurring costs, and the
interval to be used when ordering the service.
2.4.5 Customer Service Information Request - Gives Pac-West the
ability to request a listing of existing services, features,
directory listing and equipment for a customer account.
2.4.6 Circuit Identification Request - Provides Pac-West with the
capability to identify and obtain circuit identifications. If
a work order for a Circuit Identification Request is not
received within a negotiated amount of time, the request will
automatically expire.
3. Ordering and Provisioning
3.1 General Business Requirements
3.1.1 Ordering and Provisioning Parity
U S WEST shall provide Pac-West with the same level of ordering
and provisioning support as U S WEST provides itself in
accordance with standards and performance measurements that U S
WEST uses and/or which are required by law, regulatory agency,
or by U S WEST's own internal procedures, whichever are the
most rigorous. These standards shall apply to the quality of
the technology, equipment, facilities,
Page 8
processes, and techniques (including, but not limited to, such
new architecture, equipment, facilities, and interfaces as U S
WEST may deploy) that U S WEST provides to Pac-West under this
Agreement.
3.1.2 Interconnection Service Center (ISC)/Single Point of Contact
3.1.2.1 U S WEST shall provide a Systems Interface Help Desk or
equivalent which shall serve for all activities involved in the
electronic interface for ordering and provisioning of U S
WEST's unbundled Network Elements, features. functions, and
Resale Services. The Systems Interface Help Desk or equivalent
shall be available twenty-four (24) hours a day, seven (7) days
a week.
3.1.2.2 U S WEST shall provide a Single Point of Contact
("SPOC") and shall provide to Pac-West toll-free nationwide
telephone numbers (available during U S WESTs scheduled work
hours) answered by competent, knowledgeable personnel, trained
to answer questions and resolve problems in connection with the
ordering and provisioning of unbundled Network Elements,
features, functions, capabilities, and Resale Services. U S
WEST will provide sufficient resources to provide equivalent,
or as otherwise agreed to by the Parties, service to Pac-West.
3.1-2.3 In addition to the electronic interfaces provided for
elsewhere in this Agreement, U S WEST shall provide, as
requested by Pac-West through the SPOC, provisioning and
dispatch in the form of coordinated scheduling, status, and
dispatch capabilities equivalent to that which U S WEST
provides itself or as otherwise agreed to by the Parties.
3.1.3 Carrier Selection
3.1.3.1 For Services for Resale or unbundled Network Elements,
U S WEST shall provide to Pac-West, no later than January 1,
1997, the capability to order local service, intraLATA and
interLATA toll services by entering Pac-West subscribers choice
of carrier on a single order. U S WEST will offer other carrier
selection choices as they become available. U S WEST shall
provide Pac-West with the capability to order separate
interLATA and intraLATA carriers on a line or trunk basis where
1 + presubscription is available.
3.1.3.2 Where intraLATA 1+ presubscription is not available, or
if the subscriber does not select an intraLATA toll carrier, U
S WEST agrees to provide intraLATA toll services for resale to
Pac-West and to recognize the end user as the customer of
Pac-West for intraLATA toll. Pac-West shall designate the
default carrier for all other toll calls if the subscriber does
not select a carrier. In all cases, U S WEST will route toll
calls to the appropriate carrier as designated by Pac-West
3.1.4 Notification to Long Distance Carrier
3.1.4.1 U S WEST will not accept PIC change requests through
the CARE process for Pac-West local service customers.
Pac-Wests long distance operations may obtain such CARE
transactions for Pac-West long distance customers from the
customer's local service provider. U S WEST agrees to notify
IXCs using OBF approved CARE transactions, whenever an IXC
Customer who is provided local service through Services for
Resale, INP/NP, or unbundled Network Elements changes PIC
status.
3.1.4.2 U S WEST shall implement new Transaction Code Status
Indicators (TCSIs) 2033, 2233, 3147, and 3148. The new local
service provider identification ("LSPID") xxxx
Xxxx 9
be included on these transactions if the new local resale
provider agrees U S WEST should provide the information to a
long distance provider as defined by the OBF in support of
Local Resale.
3.1.4.3 U S WEST shall implement TCSIs used in conjunction with
the new local service provider ("LSP") identification code for
handling account maintenance, customer service, and trouble
administration issues. These TCSIs include 4001/021/05.
4201-4205, 4301, 2033, 2233, 3147, 3148, 3149, and others as
the OBF may define.
3.1.4.3.1 In addition, U S WEST shall implement TCSIs,
when available, used in conjunction with the new Ported
Telephone Number field to link "shadow" and parted
telephone numbers in support of Interim Number
Portability. These TCSIs include 2231, 3150, 3151, and
others as the OBF may define.
3.1.5 Ordering Interconnection
The Parties agree to utilize the OBF-ASR process for ordering
interconnection trunks, which is the same process used to order
Access Services. 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.
3.2 Service Order Process Requirements
3.2.1 OBF Compliance
3.2.1.1 U S WEST and Pac-West shall generally follow the
OBF-developed ordering and provisioning process guidelines. These
processes include, but are not limited to, pre-order service
inquiry, pre-order service inquiry response, firm order,
acknowledgment/rejection, firm order confirmation, delay
notification, and completion notification. U S WEST agrees to work
cooperatively to generally comply with future OBF developed
guidelines.
3.2.2 Service Migrations and New Customer Additions
3.2.2.1 For Resale Services, U S WEST shall not require a
disconnect order from a Customer, another local service
provider, or any other entity, to process an Pac-West order to
establish Pac-West local service and/or migrate a Customer to
Pac-West local service.
3.2.2.2 For Resale Services, U S WEST shall not disconnect any
Customer service or existing features available under this
Agreement at any time during the migration of that Customer to
Pac-West service without Pac-Wests prior agreement.
3.2.2.3 For services provided through unbundled Network
Elements, U S WEST shall recognize Pac-West as an agent for the
Customer in coordinating the disconnection of services provided
by another CLEC or U S WEST.
3.2.2.4 Unless otherwise directed by Pac-West, when Pac-West
orders Resale Services or Network Elements all trunk or
telephone numbers currently associated with existing services
shall be retained without loss of feature capability and
without loss of associated ancillary services including, but
not limited to, Directory Assistance and
Page 10
911/E911 capability for those services or features which U S
WEST controls and which are available under this Agreement.
3.2.2.5 For Customer conversions requiring coordinated cut-over
activities. U S WEST and Pac-West will agree on a scheduled
conversion time(s), which will be a designated two-hour time
period within a designated date. Unless expedited, U S WEST and
Pac-West shall schedule the cut-over window at least
forty-eight (48) hours in advance. and as part of the
scheduling, U S WEST shall estimate for Pac-West the duration
of any service interruption that the cut-over might cause. The
cut-over time will be defined as a thirty (30) minute window
within which both the Pac-West and U S WEST personnel will make
telephone contact to complete the cut-over.
3.2.2.5.1 U S WEST will coordinate activities of all U
S WEST work groups involved with the conversion. This
coordination will include, but not be limited to, work
centers charged with manual cross-connects, electronic
crossconnect mapping, and switch translations
(including, but not limited to. implementation of
Interim Number Portability translations).
3.2.2.5.2 As soon as possible, but in no event later
than one (1) hour after completion, U S WEST will
notify Pac-West when coordinated cut-over is complete.
3.2.2.5.3 End user service interruption shall not
exceed twenty (20) minutes during any cut-over. The
average interruption caused by the cut-over of Pac-West
Customers shall not exceed ten (10) minutes. If any
service interruption is to exceed twenty (20) minutes,
however, U S WEST will immediately notify Pac-West of
such delay.
3.2.2.5.4 Within the appointed thirty (30) minute
cut-over time, the U S WEST personnel will call the
Pac-West personnel designated to perform
crossconnection work and when the U S WEST person is
reached in that interval such work will be promptly
performed. If the Pac-West person is not ready within
the appointed interval, and if Pac-West had not called
to reschedule the work at least two (2) hours prior to
the start of the interval, U S WEST and Pac-West will
reschedule the work order and Pac-West will pay the
nonrecurring installation charge for the unbundled
loops scheduled for the missed appointment. In
addition, non-recurring installation charges for the
rescheduled appointment will apply. If the U S WEST
person is not available or not ready at any time during
the thirty (30) minute interval, Pac-West and U S WEST
will reschedule and U S WEST will waive the
non-recurring charge for the unbundled loops scheduled
for that interval. If unusual or unexpected
circumstances prolong or extend the time required to
accomplish the coordinated cut-over, the Party
responsible for such circumstances is responsible for
the reasonable labor charges of the other Party. Delays
caused by the customer are the responsibility of
Pac-West. In addition, if Pac-West has ordered INP as a
part of the unbundled loop installation, U S WEST will
coordinate implementation of INP with the unbundled
loop installation.
3.2.2.6 Service Order: U S WEST shall provide Pac-West the
capability to issue a service order for unbundled Network
Elements, Combinations, and Resale Services.
Page 11
3.2.2.7 PLOC Changes: U S WEST shall provide Pac-West the
capability to transfer a customer with no feature changes to
Pac-West through a streamlined PLOC (Primary Local Carrier)
transfer process.
3.2.2.8 Status: U S WEST shall provide the Pac-West status on a
service order when the status of the order changes.
3.2.2.9 Modifies: U S WEST shall provide Pac-West the
capability to modify the service order any time after it has
been issued; however, U S WEST may require the issuance of a
supplemental or change order.
3.2.2.10 Cancel: US WEST shall provide Pac-West the capability
to cancel the service order any time after it has been issued.
3.2.2.11 Coordinated Service Orders: U S WEST shall provide
Pac-West the capability to relate coordinated services orders,
and identify those service orders that require coordination
with Pac-West, or the subscriber, or the subscriber's vendor.
When so identified, U S WEST will follow any specific
instructions indicated on the service order so that the
subscriber's service is not negatively affected by the service
turn-up activity.
3.2.2.12 Expedite Process: U S WEST and Pac-West shall mutually
develop expedite procedures to be followed when Pac-West
determines an expedite is required to meet subscriber service
needs.
3.2-2.13 Expedites: U S WEST shall provide Pac-West the
capability to expedite a service order. Within two (2) business
hours after a request from Pac-West for an expedited order, U S
WEST shall notify Pac-West of U S WEST's confirmation to
complete, or not complete, the order within the expedited
interval.
3.2.3 Intercept Treatment and Transfer of Service Announcements
3.2.3.1 U S WEST shall provide unbranded intercept treatment
and transfer of service announcements to Pac-West Customers. U
S WEST shall provide such treatment and transfer of service
announcement for all service disconnects, suspensions, or
transfers, in the Same manner as that which U S WEST provides
to its own end users. U S WEST current standard time periods
for providing such announcements is three (3) months for
residential service and twelve (12) months for business
service. Pac-West may request extensions at parity with that
which U S WEST provides to its end-users.
3.2.3.2 Pursuant to this Agreement, Pac-West shall provide
unbranded intercept treatment and transfer of service
announcements to U S WEST Customers. Pac-West shall provide
such treatment and transfer of service announcement for all
service disconnects, suspensions, or transfers, at panty with
that which Pac-West provides to its own end users. Pac-West
standard time periods for providing such announcements is three
(3) months for residential service and twelve (12) months for
business service. U S WEST may request extensions at panty with
that which Pac-West provides to its end-users.
Page 12
3.2.4 Due Date
3.2.4.1 U S WEST and Pac-West shall mutually agree on what
services and circumstances are subject to the standard interval
process *to determine the due date or the requested/committed
due date process.
3.2.4.2 For those services and circumstances that U S WEST and
Pac-West agree shall be handled by the standard interval
process, U S WEST shall supply Pac-West with standard due date
intervals on a nondiscriminatory basis to be used by Pac-West
personnel to determine service installation dates. Under those
circumstances U S WEST shall complete the provisioning within
the standard interval.
3.2.4.2.1 If Pac-West requests a due date earlier than
the standard due date interval, then expedite charges
may apply.
3.2.4.3 For those services and circumstances that U S WEST and
Pac-West agree shall be handled by the requested/committed due
date process, Pac-West may request a due date on each order. U S
WEST will provide an offered due date on a nondiscriminatory
basis. If Pac-West accepts the offered due date then such date
shall become the committed due date. U S WEST will complete the
order on the committed due date unless otherwise authorized by
Pac-West.
3.2.4.3.1 If Pac-West requires a due date earlier than
the U S WEST offered due date and U S WEST agrees to
meet the Pac-West required due date, then that required
due date becomes the committed due date and expedite
charges may apply.
3.2.4.4 Subsequent to an initial order submission, Pac-West may
request a new/revised due date that is earlier than the
committed due date. If U S WEST agrees to meet that new/revised
due date, then that new/revised due date becomes the committed
due date and expedite charges may apply.
3.2.4.5 Any special or preferred scheduling options available,
internally or externally, to U S WEST for ordering and
provisioning services shall also be available to Pac-West.
3.2.5 Customer Premises Inspections and Installations
3.2.5.1 Pac-West shall perform or contract for all needs
assessments, including equipment and installation requirements,
at the Customer premises.
3.2.5.2 U S WEST shall provide Pac-West with the ability to
schedule dispatches for work under this Agreement
3.2.5.3 U S WEST shall provide, at Pac-West's request, extended
demarcation beyond the NID using intrabuilding riser and lateral
beyond the NID. This provision shall not require U S WEST to
provide inside wire.
3.2.6 Firm Order Confirmation (FOC)
3.2.6.1 U S WEST shall provide to Pac-West, via an electronic
interface, a Firm Order Confirmation ("FOC") for each Pac-West
order. The FOC shall contain on a per line and/or trunk basis an
enumeration of Pac-West ordered unbundled Network Elements (and
the specific U S WEST naming convention applied to that Network
Page 13
Element or Combination), features. functions, Resale Services.
options, physical interconnection, quantity, and U S WEST
committed due date for order completion.
3.2.6.2 For a revised FOC, U S WEST shall provide order detail
on a per line or per trunk level basis as well as the order
detail from the prior FOC.
3.2.7 Order Rejections
3.2.7.1 U S WEST shall reject and return to Pac-West any order
that U S WEST cannot provision, due to technical reasons, missing
information, or jeopardy conditions in accordance with
Performance Measurements as defined herein. When an order is
rejected, U S WEST shall, in its rejection notification,
specifically describe ail of the reasons for which the order was
rejected. U S WEST shall not reject any orders on account of the
requested due date.
3.2.7.2 On an exception basis, to the extent that errors cannot
be corrected pursuant to electronic interface processes, U S WEST
agrees to accept verbal order corrections from Pac-West. U S WEST
shall timely inform Pac-West by telephone of any minor issues
which can be handled over the phone. As required. Pac-West will
provide a supplemental order reflecting changes to the original
service order.
3.2.8 Service Order Changes
3.2.8.1 If an installation or other Pac-West-ordered work request
requires a change from the original Pac-West service order in any
manner, U S WEST shall call Pac-West in advance of performing the
installation or other work to obtain authorization. U S WEST
shall then provide Pac-West an estimate of additional labor hours
and/or materials. After all installation or other work is
completed, U S WEST shall notify Pac-West of actual labor hours
and/or materials used in accordance with regular service order
completion schedules.
3.2.8.1.1 If additional work is completed an a service
order, as approved by Pac-West, the cost of the
additional work must be reported to Pac-West in
accordance with regular service order Completion
schedules.
3.2.8.1.2 If a service order is partially completed,
notification must identify the work that was done and
the work remaining to be completed.
3.2.8.2 If an Pac-West Customer requests a service change at the
time of installation or other work being performed by U S WEST on
behalf of Pac-West, U S WEST, while at the Customer premises,
shall direct the Pac-West Customer to contact Pac-West so as to
avoid unnecessary delays in service activation should the U S
WEST representative leave Customer premises prior to completing
the installation.
3.2.9 Jeopardy Situations
To the extent jeopardy information is available, U S WEST shall
provide to Pac-West notification of any jeopardy situations prior
to the committed due date, missed appointments and any other
delay or problem in completing work specified on Pac-West service
order as detailed on the FOC, in accordance with the Performance
Measurements as defined herein.
Page 14
3.2.10 Cooperative Testing
3.2.10.1 Network Testing
3.2.10.1.1 To the extent that U S WEST provides testing
for services offered to its end users and to the extent
U S WEST provides testing for Itself, U S WEST shall
perform ail pre-service testing prior to the completion
of the Pac-West order. including testing on local
service facilities and switch translations, including,
but not limited to, verification of features,
functions. and services ordered by Pac-West.
3.2.10.1.2 The Parties agree to cooperate in testing
that is required to complete service orders.
3.2.10.2 Systems and Process Testing
3.2.10.2.1 Upon Pac-West's request, U S WEST shall
cooperate with Pac-West to ensure that all operational
interfaces and processes are in place and functioning
properly and efficiently. Testing shall simulate actual
operational procedures and systems interfaces to the
greatest extent possible. Pac-West may request
cooperative testing to ensure service performance,
reliability, and Customer service ability.
3.2.11 Service Suspensions/Restorations
3.2.11.1 For services other than non-switched, upon
Pac-West's request through a Suspend/Restore Order, U S WEST
shall suspend or restore the functionality of any Network
Element, feature, function, or Resale Service. U S WEST
shall provide restoration priority on a per Network Element
or Combination basis in a manner that conforms with Pac-West
requested priorities and any applicable regulatory rules and
regulations or government requirements.
3.2.12 Disconnects
3.2.12.1 U S WEST shall provide to Pac-West daily
information in a mutually agreed upon formal: notifying
Pac-West of any services disconnected from Pac-West This
report will itemize a chance in local service provider or
outward line movement on service order activity.
3.2.13 Order Completion Notification
3.2.13.1 Upon completion of a service order by U S WEST in
its system(s), U S WEST shall submit to Pac-West an order
completion which details the work performed (including a
list of features and functions installed), the date
completed, charges associated with the order, and
verification of accurate service completion. Notification
shall be provided in accordance with mutually agreed upon
intervals.
3.2.14 (Intentionally left blank for numbering consistency)
3.2.15 Specific Unbundling Requirements
3.2.15.1 Pac-West may order and U S WEST shall provision
unbundled Network Elements either individually or in any
combination on a single
Page 15
order. Network Elements ordered as combined shall be
provisioned as combined.(2)
3.2.15.2 Prior to providing service in a specific
geographic area or when Pac-West requires a change of
network configuration, Pac-West may elect to place an
order with U S WEST requiring U S WEST to prepare Network
Elements and switch translations in advance of orders for
additional Network Elements from Pac-West.
3.2.15.3 When Pac-West orders combinations of currently
connected Network Elements, U S WEST shall ensure that
such Network Elements remain connected and functional
without any disconnection or disruption.
3.2.15.4 Order combinations of contiguous Network Elements
shall be available to be ordered (i) on a case-by-case
basis for those Network Elements that are Customer
specific; or (ii) on a common-use (non-end user specific)
basis for those Network Elements that are shared by
multiple Customers.
3.2.15.5 Individual Network Elements shall be identified
and ordered by Pac-West so that they can be provisioned
together.
3.2.15.6 U S WEST shall provide technical assistance to
Pac-West with respect to unbundled Network Elements
pursuant to Section 2.3.3.3 of this Attachment.
3.2.15.7 Each order for Network Elements will contain
administration, xxxx, contact, and Customer information,
as defined by the OBF.
3.2.15.8 When ordering unbundled switch ports, Pac-West is
requested to specify the desired signaling (e.g. loop
start, ground start or loop reverse battery options).
3.2.15.8.1 To the extent Pac-West requires an
unbundled loop to provide ISDN, HDSL, ADSL, DS1
service or other channel performance options, such
requirements will be identified on the order for
unbundled loop service.
3.2.15.8.2 The actual loop facilities provided may
utilize various technologies or combinations of
technologies. Basic unbundled loops provide an
analog facility to Pac-West
3.2.16 (intentionally left blank for numbering consistency.)
3.2.17 Ordering and Maintenance
3.2.17.1 For the purpose of ordering unbundled Network
Elements or Combinations, Pac-West shall provide a blanket
letter of authorization to U S WEST indicating that it
shall be duly authorized by its customer to process such
service orders.
3.2.17.2 If there is a conflict between an end user
(and/or its respective agent) and Pac-West regarding the
disconnection or provision of unbundled Network Elements
or Combinations, U S WEST will honor the latest dated
proof of authorization designating an agent by the end
user or its respective agent. Compensation for
unauthorized disconnections or transfers shall be in
accordance with Section 258 of the Act or by Commission
rule.
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Page 16
3.2.17.3 Pac-West has primary responsibility for its own
end user base and will have the responsibility for
resolution of any service trouble report(s) from its
customers. U S WEST will work cooperatively with Pac-West
to resolve trouble reports when the trouble condition has
been isolated and found to be within a portion of U S
WEST's network. Where available, Pac-West must provide to
U S WEST switch-based test results when testing its
customer's trouble prior to U S WEST performing any repair
functions. The Parties will cooperate in developing
mutually acceptable test reports.
3.2.17.4 In the event of a transfer of the end user's
service for unbundled Network Elements from one provider
to Pac-West, Pac-West shall issue a request for transfer
of service to U S WEST and the provider from whom the
service is being transferred. In the event of a transfer
of the end user's service for unbundled Network Elements
from Pac-West to another provider, Pac-West shall submit
to U S WEST a disconnect order for such unbundled Network
Elements or Combinations to facilitate the cessation of
billing by U S WEST. The Parties agree to develop
procedures to handle the transfer of an end user service
from one provider to another.
3.2.17.5 (intentionally left blank for numbering
consistency)
3.2.17.6 When ordering unbundled loops, Pac-West is
responsible for obtaining or providing facilities and
equipment that are compatible with the loop.
3.2.17.7 To the extent a U S WEST-provided unbundled loop
is provisioned without U S WEST provided unbundled
switching, Pac-West will have responsibility for testing
the unbundled loop. If, at Pac-Wests request, U S WEST
must dispatch to perform tests on an unbundled loop, and
the fault is not in U S WEST facilities, a charge may
apply.
3.2.17.8 To the extent a U S WEST provided unbundled loop
is provisioned without unbundled U S WEST-provided
unbundled switching, Pac-West will be responsible for
providing the Pac-West switch interface, if applicable, on
the U S WEST MDF interface to facilitate plant test
3.3 Systems Interfaces and Information Exchanges
3.3.1 (intentionally left blank for numbering consistency)
3.3.2 Permanent Access to Systems Interfaces
(Intentionally left blank for numbering consistency)
3.3.3 Ordering and Provisioning for Resale Services
(Intentionally left blank for numbering consistency)
3.3.4 Ordering and Provisioning for Unbundling
(intentionally left blank for numbering consistency)
Page 17
3.4 Standards
3.4.1 General Requirements
3.4.1.1 Pac-West and U S WEST shall agree upon the appropriate
ordering and provisioning codes to be used for each Network
Element or Combinations thereof These codes shall apply to all
aspects of the unbundling of that Network Element or Combination
of Network Elements and shall be known as data elements as defined
by the Telecommunications Industry Forum Electronic Data
Interchange Service Order Subcommittee (TCIF-EDI-SOSC), or as
mutually agreed.
3.5 Performance Measurements and Reporting
3.5.1 Cycle Time Measurements
(Deleted per Arbitrator's Recommendations)(3)
3.5.2 Quality Measurements
(Deleted per Arbitrator's Recommendations)(4)
3.5.3 Reporting
(Deleted per Arbitrator's Recommendations)(5)
4. Connectivity Billing and Recording
This Section 4 describes the requirements for U S WEST to xxxx and record all
charges Pac-West incurs for purchasing services under this Agreement.
4.1 Procedures
4.1.1 The Parties recognize that deviations and discrepancies may occur
from the various industry standards and other standards referenced
in this Agreement. Subject to such discrepancies and deviations, U
S WEST shall comply with these various standards. Discrepancies and
deviations will be documented and reviewed.
4.1.1.1 Within forty-five (45) days after the Effective Date of
this Agreement, the Parties will develop processes by which U S
WEST will inform Pac-West of deviations from standards for billing.
The Parties agree that they will negotiate discrepancies and
deviations in good faith. Further, the Parties agree that those
documented deviations from such standards documented by U S WEST to
Pac-West shall supersede sections of technical standards applicable
to such deviations referenced in this Agreement.
4.1.2 U S WEST shall record and xxxx in accordance with this Agreement
those charges Pac-West incurs as a result of Pac-West purchasing
from U S WEST services, as set forth in this Agreement (hereinafter
"Connectivity Charges").
----------
3 Per Recommendations at page 28, Issue 149.
4 Per Recommendations at page 28, Issue 149.
5 Per Recommendations at page 28, Issue 149.
Page 18
4.1.3 U S WEST shall format each xxxx for Connectivity Charges (hereinafter
"Connectivity Xxxx") in accordance with the XXXX, CABS or SECAB
standard as appropriate to the services billed.
4.1.4 Each service purchased by Pac-West shall be assigned a separate and
unique billing code or identifier in the form agreed to by the Parties
and such code or identifier shall be provided to Pac-West on each
Connectivity Xxxx in which charges for such services appear. Each such
billing code or identifier shall enable Pac-West to identify the
service as purchased by Pac-West.
4.1.5 Each Connectivity Xxxx shall set forth the quantity and description of
each such service provided and billed to Pac-West. All Connectivity
Charges billed to Pac-West shall indicate the state from which such
charges were incurred.
4.1.6 U S WEST shall xxxx Pac-West for each service supplied by U S WEST to
Pac-West pursuant to this Agreement at the rates set forth in
Attachment 1 to this Agreement.
4.1.7 U S WEST shall xxxx Pac-West for the Connectivity Charges incurred;
provided, however, that for those usage-based Connectivity Charges
where actual charge information is not determinable by U S WEST because
the jurisdiction (i.e., interstate, interstate/interLATA, intrastate,
intrastate/ intraLATA. local) of the traffic is unidentifiable, or for
any other reason, the Parties shall jointly develop a process to
determine the appropriate charges.
4.1.8 Measurement of usage-based Connectivity Charges shall be in actual
conversation seconds. For local Interconnection traffic provided under
Attachments 3 and 4 of this Agreement, the total conversation time per
chargeable traffic types shall be totaled for the entire monthly xxxx
cycle, rounded to the next whole minute and then billed at the contract
rate. For Resale Services provided under Attachment 2 of this Agreement
the total conversation time shall be measured in accordance with U S
WESTs retail tariff and billed at the contract rate.
4.1.9 U S WEST shall provide to Pac-West at no additional charge a Single
Point of Contact for handling any Connectivity Billing questions or
problems that may arise during the implementation and performance of
the terms and conditions of this Agreement.
4.1.10 U S WEST shall provide a Single Point of Contact for the handling of
any data exchange questions or problems that may arise during the
implementation and performance of the terms and conditions of this
Agreement.
4.1.11 As soon as possible after the Effective Date of this Agreement, each
Party shall provide the other Party written notice of which form of the
monthly Connectivity Xxxx is to be deemed the official xxxx to assist
the Parties in resolving any conflicts that may arise between the
official xxxx and another form of xxxx received via a different media
which purportedly contains the same charges as are on the official
xxxx.
4.1.12 If either Party requests an additional copy(ies) Of 2 xxxx, such Party
shall pay the other Party a reasonable fee per additional xxxx copy,
unless such copy was requested due to errors, omissions, or corrections
or the failure of the transmission to comply with the specifications
set forth in this Agreement.
4.1.13 When sending Connectivity Bills via electronic transmission, to avoid
transmission failures or the receipt of Connectivity Billing
information that cannot be processed, Pac
Page 19
West shall provide U S WEST process specifications. U S WEST shall
comply with mutually agreed upon processing specifications when U S
WEST transmits Connectivity Billing data to Pac-West. Pac-West shall
provide to U S WEST notice if a Connectivity Billing transmission is
received that does not meet mutually agreed-upon Pac-West
specifications. Faulty or failed transmissions shall be corrected and
resubmitted to Pac West, at U S WESTs sole expense.
4.1.14 U S WEST shall deliver to a location specified by Pac-West, billing
information via Connect: Direct, magnetic tape or paper, as agreed to
by Pac-West and U S WEST. In the event of an emergency, system failure
or other such condition which prevents U S WEST from transmitting via
Connect:Direct, U S WEST shall notify Pac-West of such difficulties
within two (2) hours of detection. U S WEST shall deliver to a location
specified by Pac-West billing information via magnetic tape or paper.
as agreed to by Pac-West and U S WEST. The Parties acknowledge that all
tape's transmitted to the other Party via U.S. Mail or overnight
delivery service and which contain Connectivity Billing data shall not
be returned to the sending party.
4.1.15 (Intentionally left blank for numbering consistency)
4.1.16 Billed amounts which are being reasonably disputed or reasonably
queried, or for which reasonable claims have been filed, are not due
for payment until such disputes, claims or queries have been fully
resolved by both Pac-West and U S WEST.
4.1.17 (Intentionally left blank for numbering consistency)
4.1.18 Xxxx Reconciliation
4.1.18.1 Each Party agrees to notify the other Party upon the
discovery of a billing discrepancy ("Notice of
Discrepancy").
4.1.18.2 In the event of such Notice of Discrepancy, the Parties
shall endeavor to resolve the discrepancy within sixty
(60) calendar days after the Notice of Discrepancy is
issued using normal business procedures. If the
discrepancy is disputed, resolution of such dispute is
expected to occur at the first level of management
resulting in a recommendation for settlement of the
dispute and closure of a specific billing period.
4.1.18.3 Closure of a specific billing period shall occur by joint
agreement of the Parties whereby the Parties agree that
such billing period is closed to any further analysis and
financial transactions, except those resulting from an
Audit Closure shall take place within nine (9) months of
the Xxxx Date. The month being closed represents those
Connectivity Charges that were billed or should have been
billed by the applicable xxxx date.
4.1.18.4 If the dispute is not resolved within the allotted time
frame, the following resolution procedure shall begin:
4.1.18.4.1 If the dispute is not resolved within sixty
(60) days of the Notice of Discrepancy, the
dispute shall be escalated to the second
level of management for resolution.
Page 20
4.1.18.4.2 If the dispute is not resolved within ninety
(90) days of Notice of Discrepancy, the
dispute shall be escalated to the third
level of management for resolution.
4.1.18.4.3 If the dispute is not resolved within one
hundred and twenty (120) days of the Notice
of Discrepancy, upon the written request of
either Party within such one hundred and
twenty (120) day period, the dispute may be
resolved pursuant to the dispute resolution
process set forth in Part A of this
Agreement.
4.1.19 U S WEST shall reimburse Pac-West for incorrect Connectivity Billing
charges. including, without limitation: overcharges. services ordered
or requested but not delivered, interrupted services, services of poor
quality and installation problems, if such problems are caused by U S
WEST. Such reimbursements shall be set forth in the appropriate section
of the Connectivity Xxxx pursuant to appropriate standards.
4.1.20 The Parties agree to record call information in accordance with this
Section 4. 1. To the extent technically feasible, each Party shall
record all call detail information associated with every call that one
Party bills to the other Party. Pac-West may request, through the BFR
process the recording of call records and/or call detail information
that is not currently recorded by U S WEST. These records shall be
provided and retained pursuant to Section 5 of this Attachment.
4.1.21 When Pac-West collocates with U S WEST in U S WESTs facility as
described in this Agreement, capital expenditures (e.g., costs
associated with building the "cage"), shall not be included in the
Connectivity Xxxx provided to Pac-West pursuant to this Attachment 5.
All such capital expenses shall be given a unique BAN and invoice
number. All invoices for capital expenses shall be sent to the location
specified by Pac-West for payment. All other non-capital recurring
collocation expenses shall be billed to Pac-West in accordance with
this Agreement. The CABS/SECABS Billing Output Specifications (BOS)
documents provide the guidelines on how to xxxx the Connectivity
Charges associated with collocation.
4.1.22 Local Number Portability
4.1.22.1 In accordance with the terms and conditions set forth in
this Agreement, U S WEST shall record and provide to
Pac-West all detail information associated with an
alternately billed call to an Pac-West local exchange
customer whose telephone number has been ported from U S
WEST under INP as further described in this Agreement.
4.1.23 Meet Point Billing
4.1.23.1 Pac-West and U S WEST will establish meet-point billing
("MPB") arrangements in accordance with the Meet Point
Billing guidelines adopted by and contained in the OBF's
MECAB and MECOD documents, except as otherwise mutually
agreed to by the Parties. Both Parties will use their best
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 to reflect the MPB arrangements identified
in this Agreement, in MECAB and in MECOD.
Page 21
4.1.23.2 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
OBF's MECAB and MECOD documents and referenced in U S
WEST's Switched Access Tariffs. The Parties understand
and agree that MPB arrangements are available and
functional only to/from IXCs who directly connect with the
tandem(s) that Pac-West sub-tends in each LATA.
4.1.23.3 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 Xxxxxx Association (NECA)
Tariff No. 4, or any successor tariff, sufficient to
reflect this MPB arrangement, including MPB percentages.
4.1.23.4 Pac-West and U S WEST will implement the "Multiple
Xxxx/Single Tariff" option in order to xxxx any
interexchange carrier (IXC) for that portion of the
network elements provided by Pac-West and U S WEST. For
all traffic carried over the MPB arrangement, Pac-West
and U S WEST shall xxxx IXCs for all applicable elements
at the rates specified in their respective tariffs.
4.1.23.5 U S WEST shall provide to Pac-West the billing name,
billing address, and carrier identification code (CIC) of
the IXCs that may utilize any portion of Pac-West network
in an Pac-West/U S WEST MPB arrangement in order to
comply with the MPB notification process as outlined in
the MECAB document. Such information shall be provided to
Pac-West in the format and via the medium that the
Parties agree. If U S WEST does not have a CIC for any
IXC that will utilize a portion of Pac-West network in an
Pac-West/U S WEST MPB arrangement, and for whom U S WEST
must supply to Pac-West MPB billing information, then
until such carrier has obtained a CIC, U S WEST will
submit the LEC's CIC on those MPB records provided to
Pac-West for MPB. U S WEST understands and agrees that it
will be solely responsible for obtaining any
reimbursements from such carriers who have utilized the
jointly provided networks of U S WEST and Pac-West
4.1.23.6 U S WEST and Pac-West agree that in an MPB arrangement
where one Party provides local transport and the other
Party provides the end office switching, the Party who
provides the end office switching is entitled to xxxx any
residual interconnection charges (RIC) and common carrier
line (CCL) charges associated with the traffic. The
Parties further agree that in those MPB situations where
one Party sub-tends the other Party's access tandem, the
Party providing the access tandem in only entitled to
xxxx the access tandem fee and any associated local
transport charges. The Parties also agree that the Party
who provides the end office switching is entitled to xxxx
end office switching fees, local transport charges, RIC
and CCL charges, as appropriate, and such other
applicable charges.
4.1.23.7 U S WEST and Pac-West will record and transmit MPB
information in accordance with the standards and in the
format set forth in this Attachment. U S WEST and
Pac-West will coordinate and exchange the billing account
reference ("BAR") and billing account cross reference
(BACR) numbers for the MPB arrangements described in this
Agreement. Each Party will notify the
Page 22
other if the level of billing or other BAR/BACR elements
change. resulting in a new BAR/BACR number.
4.1.23.8 If MPB data is not processed and delivered by either U S
WEST or Pac-West and sent to the other Party within ten
(10) calendar days of the relevant recording period and
in turn such Party is unable to xxxx the IXC for the
appropriate charges, the Party who failed to deliver the
data will be held liable for the amount of the unbillable
charges.
4.1.23.9 If MPB data is not submitted within ten (10) calendar
days of the relevant recording period or is not in the
proper format as set forth in this Agreement, and if as a
result the other Party is delayed in billing the IXC for
the appropriate charges it incurs, the delaying Party
shall pay the other Party a late MPB data delivery charge
which will be the total amount of the delayed charges
times a monthly rate that shall not exceed 1.5% which may
be levied by law for commercial transactions, compounded
daily for the number of days from the date the MPB
charges should have been received to and including the
date the MPB charge information is actually received.
4.1.23.10 Errors in MPB data exchange by the Parties may be
discovered by Pac-West, U S WEST or the billable IXC.
Both Pac-West and U S WEST agree to provide the other
Party with notification of any discovered errors within
two (2) Business Days of the discovery. The other Party
shall correct the error within eight (8) Business Days of
notification and resubmit the data. In the event the
errors cannot be corrected within the time period
specified above, the erroneous data shall be considered
lost If MPB data is lost due to uncorrectable errors or
otherwise, the Parties shall follow the procedures set
forth in Section 5 of this Attachment 5 and compensate
the other for the lost MPB billing data.
4.1.23.11 In the event Pac-West purchases from U S WEST Network
Elements, or Combination thereof, in a LATA other than
the LATA to or from which the MPB services are homed and
in which U S WEST operates an access tandem, U S WEST
shall, except in instances of capacity limitations,
permit and enable Pac-West to sub-tend the U S WEST
access tandem switch(es) nearest to the Pac-West rating
point(s) associated with the NPA-NXX(s) to/from which the
MPB services are homed. In such event, Pac-West shall be
responsible for the transport facilities crossing LATA
boundaries. In instances of capacity limitation at a
given access tandem switch, Pac-West shall be allowed to
subtend to the next nearest U S WEST access tandem switch
in which sufficient capacity is available. The MPB
percentages for each new rating point/access tandem pair
shall be calculated in accordance with MECAB and MECOD.
4.2 Information Exchange and Interfaces
4.2.1 U S WEST shall provide Pac-West a monthly Connectivity Xxxx
that includes all Connectivity Charges incurred by and credits
and/or adjustments due to Pac-West for those services ordered,
established, utilized, discontinued or performed pursuant to
this Agreement. For each account, U S WEST shall issue one (1)
xxxx per month and the billing cycle shall be on a calendar
basis. Each Connectivity Xxxx provided by U S WEST to Pac-West
shall include:
Page 23
4.2.1.1 all non-usage sensitive charges incurred for the
current xxxx period.
4.2.1.2 any known unbilled non-usage sensitive charges for
prior periods:
4.2.1.3 usage sensitive charges for the current relevant xxxx
period (from the last xxxx date and extending up to,
and including, the current xxxx date);
4.2.1.4 any known unbilled usage sensitive charges for prior
periods: and
4.2.1.5 any known unbilled adjustments.
4.2.3 The xxxx date must be present on each xxxx transmitted by U S
WEST to Pac-West. Must be a valid calendar date, and not more
than ninety (90) days old. Connectivity Bills shall not be
rendered for any Connectivity Charges which are incurred under
this Agreement on or before two hundred and seventy (270) days
preceding the xxxx date, except as otherwise permitted by law.
4.2.4 On each xxxx where "Jurisdiction" is identified, local and
local toll charges shall be identified as "Local" and not as
interstate, interstate/interLATA, intrastate, or
intrastate/intraLATA. U S WEST shall provide from and through
dates for charges rendered on all Connectivity Bills.
4.2.5 U S WEST shall separately identify business charges from
residence charges, as appropriate, and shall assign a specific
adjustment or reference number provided by Pac-West to each
adjustment and credit included on the Connectivity Xxxx.
4.2.6 U S WEST and Pac-West shall issue all Connectivity Bills in
accordance with the terms and conditions set forth in this
Section 4. On Connectivity Bills U S WEST renders to Pac-West,
Billing Account Numbers (BANs) shall be thirteen (13) character
alpha/numeric and there shall only be one (1) BAN per State
unless otherwise agreed to by the Parties. The Xxxx Date shall
be the same day month to month. Each Party shall provide the
other Party at least thirty (30) calendar days written notice
prior to changing, adding or deleting a BAN. The Parties shall
provide one (1) Connectivity Billing invoice associated with
each BAN. Each invoice must contain an invoice number, which
will vary from month to month. On each xxxx associated with a
BAN, the appropriate invoice number and the charges contained
on such invoice must be reflected. All Connectivity Bills must
be received by the other Party no later than ten (10) calendar
days from the xxxx date and at least thirty-five (35) calendar
days prior to the payment due date (as described in Part A of
this Agreement), whichever is earlier. Any Connectivity Xxxx
received on a Saturday, Sunday or a day designated as a bank
holiday will be deemed received the next Business Day. If
either Party fails to receive Connectivity Billing data and
information within the time period specified above, then the
payment due date will be extended by the number of days receipt
has been delayed.
4.2.7 U S WEST shall issue all Connectivity Bills containing such
billing data and information in accordance with the most
current version of XXXX or CABS /SECABS published by Bellcore,
or its successor, or such later versions as are adopted by
Bellcore, or its successor, as appropriate to the services
being billed. To the extent that there are no XXXX, CABS, or
SECAB standards governing the formatting of certain data, such
data shall be issued in the format mutually agreed to by U S
WEST and Pac-West, and in accordance with Attachment 6 to this
Agreement.
Page 24
4.2.8 As detailed in the MECAB document, Pac-West and U S WEST will
exchange all information necessary to xxxx third parties for
Switched Access Services traffic jointly handled by Pac-West
and U S WEST 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.
4.2.9 U S WEST and Pac-West agree that each Party shall transmit
Connectivity Billing information and data in the appropriate
format as provided herein, electronically via Connect:Direct to
the other Party at the location specified by such Party.
Pac-West data centers will be responsible for originating the
calls for data transmission. U S WEST shall transmit in
accordance with the technical specifications mutually agreed
upon by the Parties. Pac-West will supply to U S WEST its RACF
ID and password before the first transmission of data via
Connect:Direct. Any changes to either Party's Connect:Direct
Node ID must be sent to the other Party no later than thirty
(30) calendar days before the changes take effect.
4.2.10 In emergency situations when tape transmittal has been used, U
S WEST shall adhere to the tape packaging requirements set
forth in this Agreement. Where magnetic tape shipping
containers are transported in freight compartments, adequate
magnetic field protection shall be provided by keeping a 6-inch
distance from any magnetic field generating device (except a
magnetron-tape device). U S WEST shall only use those shipping
containers that contain internal insulation to prevent damage.
U S WEST shall clearly xxxx on the outside of each shipping
container its name, contact and return address. U S WEST shall
not ship any Connectivity Billing tapes in unprotected tape
canisters.
4.2.11 All emergency billing data transmitted via tape must be
provided on a cartridge (cassette) tape and must be of high
quality, conform to the Parties' record and label standards,
9-track, odd parity, 6250 BPI group coded recording mode and
extended binary-coded decimal interchange code (EBCDIC). Each
reel of tape must be 100% tested at 20% or better "clipping"
level with full width certification and permanent error free at
final inspection. Pac-West reserves the right to destroy a tape
that has been determined to have unrecoverable errors. Pac-West
also reserves the right to replace a tape with one of equal or
better quality.
4.2.12 The header record will be formatted in accordance with the
appropriate IBM, CASS or EDI standards as mutually agreed upon
by the Parties.
4.2.13 A single 6-digit serial number must appear on the external
(flat) surface of the tape for visual identification. This
number shall also appear in the "dataset serial number field"
of the first header record of the IBM standard tape label. This
serial number shall consist of the character "V" followed by
the reporting location's four digit Originating Company Code
and a numeric character chosen by the sending Party. The
external and internal label shall be the same. The dataset name
shall appear on the flat side of the reel and also in the "data
set name field" on the first header record of the IBM standard
tape label. U S WEST's name, address, and contact shall appear
on the flat side of the cartridge or reel.
4.2.14 Tape labels shall conform to IBM OSVS Operating System
Standards contained in the IBM Standard Labels Manual. IBM
standard labels are 80-character records recorded in EBCDIC,
odd panty.
Page 25
4.2.15 U S WEST shall conform to the Standard Volume Label Format
which will be mutually agreed upon by the Parties.
4.2.16 U S WEST shall use the IBM Standard Dataset Label Format which
will be mutually agreed upon by the Parties.
4.2.17 U S WEST shall use test and production dataset format which
will be mutually agreed upon for all Connectivity Bills.
4.2.18 (Intentionally left blank for numbering consistency)
4.3 Standards
4.3.1 At least thirty (30) calendar days prior to U S WEST sending
Pac-West a mechanized xxxx for the first time via electronic
transmission, U S WEST shall send to Pac-West Connectivity Xxxx data
in the appropriate mechanized format (e.g., CASS or SECAB) for
testing to ensure that bills can be processed and that bills comply
with the requirements of this Attachment After receipt of the test
data from U S WEST Pac-West will notify U S WEST if the connectivity
billing transmission meets Pac-West testing specifications. If the
transmission fails to meet the mutually agreed Upon test and
production dataset format, then, U S WEST shall make the necessary
corrections within a mutually agreeable time frame. At least three
(3) sets of testing data must meet Pac-West testing specifications
prior to U S WEST sending Pac-West a mechanized production
connectivity xxxx for the first time via electronic transmission or
tape. Thereafter, U S WEST may begin sending Pac-West production
connectivity bills via electronic transfer on the next xxxx date, or
within ten (10) calendar days, whichever is later.
4.3.2 U S WEST shall also provide to Pac-West's designated point of
contact, U S WESTs applicable operating company number ("OCN") at
least thirty (30) days prior to testing and at least thirty (30)
days prior to a change of OCN.
4.3.3 At least ninety (90) days prior to any change in existing formats or
change to a different format, U S WEST shall send to Pac-West
Connectivity Xxxx data in the appropriate mechanized format for
testing to ensure that the bills can be processed and that the bills
comply with the requirements of this Attachment. U S WEST agrees
that it shall not send to Pac-Xxxx xxxx data in the new mechanized
format until such xxxx data has met the testing specifications as
set forth in this Section.
4.3.4 During the testing period, in addition to Connect:Direct, U S WEST
shall also transmit to Pac-West Connectivity Billing data and
information via paper or tape as specified by Pac-West Test tapes
shall be sent to an Pac-West specified location.
4.3.5 For Connectivity Bills issued in CABS or SECAB format, U S WEST
agrees that if it transmits data to Pac-West in a mechanized format
U S WEST shall also comply with the following specifications which
are not contained in CABS or SECAB guidelines but which are
necessary for Pac-West to process Connectivity,Billing information
and data:
4.3.5.1 The xxxx date shall not contain spaces or non-numeric values.
4.3.5.2 Each Connectivity Xxxx must contain at least one (1) detail
record.
26
4.3.5.3 Any "from" date should be less than or equal to
the associated "thru" date and neither date can
contain spaces.
4.3.5. A The invoice number must not have embedded
spaces or low values.
4.3.6 U S WEST agrees that in order to ensure the proper
performance and integrity of the entire Connectivity
Billing process, U S WEST shall be responsible and
accountable for transmitting to Pac-West an accurate and
current xxxx. U S WEST agrees to implement control
mechanisms and procedures to render a xxxx that accurately
reflects the services ordered and used by Pac-West.
5. Provision Of Customer Usage Data
This Section 5 sets forth the terms and conditions for U S WEST's provision
of Recorded Usage Data (as defined in this Attachment 5) to Pac-West and
for information exchange regarding long distance billing.
5.1 Procedures
5.1.1 General
5.1.1.1 US WEST shall comply with various industry, OBF, and
other standards referred to throughout this Agreement. To
satisfy these requirements, the Par-ties agree to a mutual
interpretation of all standards referred to in this Section.
5.1.1.2 The Parties shall Mutually agree to OBF standards
and the additional standards outlined in this Agreement when
recording and transmitting Usage Data.
5.1.1.3 As new standards are developed and adopted by
industry, U S WEST and Pac-West will negotiate mutually
agreeable implementation of those standards.
5.1.1.4 U S WEST shall record all usage to be billed to
Pac-West originating from, terminating to or billed to
Pac-West Customers using U S WEST services ordered by
Pac-West Recorded Usage Data includes, but is not limited
to, the following categories of information:
Call attempts
Completed calls
Use of CLASS/LASS/custom features
Calls to information providers reached via U S WEST
facilities and contracted by U S WEST
Calls to Directory Assistance where U S WEST provides such
service to an Pac-West Customer
Calls completed via U S WEST-provided Operator Services
where U S WEST provides such service to Pac-West Local
Resale Customer
For U S WEST-provided Centrex Service, station level detail
records shall include complete call detail and complete
timing information
5.1.1.5 Retention of Records: U S WEST shall maintain a
machine readable back-up copy of the message detail provided
to Pac-West for a minimum of forty-five (45) calendar days.
U S WEST shall provide any data back-up to Pac-West upon the
request of Pac-West.
Page 27
5.1.1.6 U S WEST shall provide to Pac-West Recorded Usage Data for
Pac-West Customers only. U S WEST shall not submit other carrier local
usage data as part of the Pac-West recorded usage data.
5.1.1.7 U 3 WEST shall not xxxx to Pac-West Customers any recurring or
non-recurring charges for service provided by U S WEST to Pac-West
except where explicitly permitted to do so within a written agreement
between U S WEST and Pac-West
5.1.1.8 The Parties shall record and rate all calls to information
service providers (e.g., 976 service calls) and shall xxxx such calls
directly the calling party's local service provider. In the event a
Party's end-user disputes such a call, that Party may recourse
consistent with the recourse arrangement the billing Party has with its
information service provider.
5.1.1.9 U S WEST shall provide Recorded Usage Data to Pac-West billing
locations as designated by Pac-West.
5.1.1.10 U S WEST shall establish an Interconnect Service Center (ISC)
or similar function to serve as Pac-West single point of contact to
respond to Pac-West C211 usage, data error, and record transmission
inquiries.
5.1.1.10.1 US WEST shall provide Pac-West with a single point
of contact and remote identifiers for each sending location.
5.1.1.11 Pac-West shall provide a single point of contact responsible
for receiving usage transmitted by U S WEST and receiving usage tapes
from a courier service in the event of a facility outage.
5.1.1.12 U S WEST shall xxxx and Pac-West shall pay the charges for
Recorded Usage Data. Billing and payment shall be in accordance with
the applicable terms and conditions set forth in the Connectivity
Billing and Recording Section of this Attachment 5.
5.1.1.13 Without waiver of, and in addition to the Audit and
Examination rights set forth in Part A of this Agreement, upon
reasonable notice and at reasonable times, a Party or its authorized
representatives may examine the recording Party's AMA records which
relate to perceived problems with the recordings of the usage data
relating to the billed Party under this Attachment.
5.1.2 Charges
5.1.2.1 The Parties may charge fees for recording, rating or
transmitting usage data. For the six (6) months following the initial
recording, rating or transmitting of non-test usage data, the Parties
shall not charge each other.
5.1.2.2 No charges shall be assessed for incomplete call attempts.
5.1.3 Central Clearinghouse & Settlement
5.1.3.1 U S WEST shall support and participate with Pac-West to develop
an in and out-collect process developed for intra-region alternately
billed messages.
Page 28
5.1.3.2 U S WEST shall settle with Pac-West for both intra-region and
inter-region billing exchanges of calling card, xxxx-to-third party,
and collect Calls. including settlement through the CMDS CATS system
for inter-region billing.
5.1.4 Lost Data
5.1.4.1 Loss of Recorded Usage Data - Pac-West recorded usage data
determined to have been lost damaged or destroyed as a result of an
error or omission by U S WEST in its performance of the recording
function shall, upon Pac-West's request. be recovered by U S WEST at no
charge to Pac-West. In the event the data cannot be recovered by U S
WEST, U S WEST shall estimate the messages and associated revenue, with
assistance from Pac-West, based upon the method described below. This
method shall be applied on a consistent basis, subject to modifications
agreed to by U S WEST and Pac-West. This estimate shall be used to
adjust amounts Pac-West, owes U S WEST for services U S WEST provides
in conjunction with the provision of recorded usage data.
5.1.4.2 Partial Loss - U S WEST shall review its daily controls to
determine if data has been lost. When there has been a partial loss,
actual message and minute volumes shall be reported, if possible. Where
actual data are not available, a full day shall be estimated for the
recording entity, as outlined in the following paragraphs. The amount
of the partial loss is then determined by subtracting the data actually
recorded for such day from the estimated total for such day.
5.1.4.3 Complete Loss - Estimated message and minute volumes for each
loss consisting of an entire AMA tape or entire data volume due to its
loss prior to or during processing, loss after receipt, degaussed
before processing, receipt of a blank or unreadable tape, or lost for
other causes, shall be reported.
5.1.4.4 Estimated Volumes - From message and minute volume reports for
the entity experiencing the loss, U S WEST shall secure message/minute
counts for the four (4) corresponding days of the weeks preceding that
in which the loss occurred and compute an average of these volumes. U S
WEST shall apply the appropriate average revenue per message ("ARPM")
mutually agreed upon to the estimated message volume to arrive at the
estimated lost revenue.
5.1.4.5 If the day of loss is not a holiday but one (1) (or more) of
the preceding corresponding days is a holiday, U S WEST shall use
additional preceding weeks in order to procure volumes for two (2)
non-holidays in the previous two (2) weeks that correspond to the day
of the week that is the day of the loss.
5.1.4.6 If the loss occurs on a weekday that is a holiday (except
Christmas and Mother's Day), U S WEST shall use volumes from the two
(2) preceding Sundays.
5.1.4.7 If the loss occurs on Mother's Day or Christmas, U S WEST shall
use volumes from that day in the preceding year multiplied by a growth
rate mutually agreed upon by the Parties.
5.1.4.8 Pac-West may also request data be provided that has previously
been successfully provided by U S WEST to Pac-West. U S WEST shall
re-provide such data, if available, at a charge mutually agreed to by
the Parties.
Page 29
5.1.5 Testing, Changes and Controls
5.1.5.1 The Recorded Usage Data, EMR format, content, and transmission
process shall be tested as mutually agreed to by the Parties.
5.1.5.2 Interface Testing: The purpose of this test is to ensure that
the usage records can be sent by U S WEST to Pac-West and can
be accepted and processed by Pac-West U S WEST shall provide
a test file to Pac-West designated Regional Processing Center
(RPC) in the format that shall be used for live day-to-day
processing. The file's test content and volume shall be
mutually agreed to by the Parties. Pac-West shall review the
file and verify that it conforms to its data center
requirements. Pac-West shall notify U S WEST in writing
whether the format is acceptable. Pac-West shall also provide
U S WEST with the agreed upon control reports as part of this
test.
5.1.5.3 Operational Test: The purpose of this test is to ensure that
volumes of usage in consecutive sequence can be extracted,
distributed, and processed by U S WEST and Pac-West.
5.1.5.4 For testing purposes U S WEST shall provide Pac-West with U S
WEST recorded usage for a minimum of five (5) consecutive
days. Pac-West shall provide U S WEST with the message
validation reports associated with test usage.
5.1.5.5 Test File: Test data should be transported via Connect:Direct
whenever possible. In the event that courier service must be
used to transport test media, the physical tape
characteristics to be used are described in this Attachment 5.
5.1.5.6 Periodic Review: Control procedures for all usage transferred
between U S WEST and Pac-West shall require periodic review.
This review may be included as part of an annual audit of U S
WEST by Pac-West or as part of the normal production interface
management function. Breakdowns which impact the flow of usage
between U S WEST and Pac-West must be identified and jointly
resolved as they occur. The resolution may include changes to
control procedures, as similar problems would be avoided in
the future. Any changes to control procedures shall be
mutually agreed upon by Pac-West and U S WEST.
5.1.5.7 U S WEST Software Changes
5.1.5.7.1 When U S WEST plans to introduce any software
changes which impact the format or content structure of the
usage data feed to Pac-West., designated U S WEST personnel
shall notify Pac-West no less than one hundred twenty (120)
calendar days before such changes are implemented.
5.1.5.7.2 U S WEST shall communicate the projected changes to
the appropriate groups in Pac-West so that potential impacts
on Pac-West processing can be determined.
5.1.5.7.3 Pac-West personnel shall review the impact of the
chance on the entire control structure and the post conversion
test plan, herein. Pac-West shall negotiate any perceived
problems with U S WEST and shall arrange to have the data
tested utilizing the modified software.
Page 30
5.1.5.7.4 if it is necessary for U S WEST to request changes
in the schedule, content or format of usage data transmitted
to Pac-West. U S WEST shall notify Pac-West.
5.1.5.8 Pac-West Requested Changes
5.1.5.8.1 Pac-West may request changes in the schedule.
content. format of the usage data transmitted from U S WEST,
as deemed necessary by Pac-West.
5.1.5.8.2 When the negotiated changes are to be implemented.
Pac-West, and/or U S WEST shall arrange for testing of the
modified data in a Post Conversion Test Plan designed to
encompass all types of changes to the usage data transferred
by U S WEST to Pac-West and the methods of transmission for
that data.
5.1.5.9 U S WEST System Change Description
5.1.5.9.1 For a U S WEST system change, U S WEST shall provide
Pac-West with an overall description of the change, stating
the objective and a brief explanation of the reasons for the
change.
5.1.5.9.2 During the initial negotiations regarding the
change, U S WEST shall provide a list of the specific records
and/or systems impacted by the change to designated Pac-West
personnel.
5.1.5.9.3 U S WEST shall also provide Pac-West a detailed
description of the changes to be implemented. It shall include
sufficient detail for designated Pac-West personnel to analyze
and estimate the effects of the changes and to design tests to
verify the accuracy of the implementation.
5.1.5.10 Change Negotiations
5.1.5.10.1 Pac-West shall be notified in writing of all
proposed change negotiations initiated by U S WEST in writing.
In turn, Pac-West shall notify U S WEST in writing of proposed
change negotiations initiated by Pac-West
5.1.5.10.2 After formal notification of planned changes,
whether originated by U S WEST or Pac-West designated Pac-West
personnel shall schedule negotiation meetings as required with
designated U S WEST personnel. The first meeting should
produce the overall change description (if not previously
furnished) and the list of records and/or systems affected.
5.1.5.10.3 In subsequent meetings, U S WEST shall provide the
detailed description of changes to be implemented. After
reviewing the described changes, designated Pac-West personnel
shall negotiate a detailed test procedure with U S WEST.
5.1.5.11 Changes to controls: Pac-West may request changes to the
control structure. The Parties shall mutually agree to the
requested chances.
5.1.5.12 Verification Of Changes
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5.1.5.12.1 Based on the detailed description of changes
furnished by U S WEST, Pac-West and U S WEST personnel shall:
Determine the type of change(s) to be implemented:
Develop a comprehensive test plan:
Negotiate scheduling and transfer of modified data with U S
WEST;
Negotiate testing of modified data with the appropriate
Pac-West RPC;
Negotiate processing of verified data through the Pac-West
billing system with the RPC;
Arrange for review and verification of testing with
appropriate Pac-West groups: and
Arrange for review of modified controls, if applicable.
5.1.5.13 Introduction of Changes
5.1.5.13.1 When all the testing requirements have been met and
the results reviewed and accepted, designated Pac-West and U S
WEST personnel shall:
Negotiate an implementation schedule;
Verify the existence of a contingency plan with the
appropriate Pac-West personnel; Arrange for the follow-up
review of changes with appropriate Pac-West personnel;
Arrange for appropriate changes in control program, if
applicable and
Arrange for long-term functional review of impact of changes
on the Pac-West billing system, i.e., accuracy, timeliness,
and completeness.
5.2 Information Exchange and Interfaces
5.2.1 Core Billing Information
5.2.1.1 Recorded Usage Data includes all intraLATA toll and local
usage. U S WEST shall provide Pac-West with unrated EMR records
associated with all intraLATA toll and local usage which it records on
Pac-Wests behalf. Any category, group and/or record types approved in
the future for U S WEST shall be included if they fall within the
definition of Local Resale. Pac-West shall be given notification thirty
(30) days prior to implementation of a new type, category and/or
record.
5.2.1.2 U S WEST shall provide rated EMR records only when explicit
consent for sending such records has been obtained from Pac-West.
5.2.1.3 All messages recorded by a Party and billed to the other Party
are to be transmitted to the billed Party. Recorded usage includes all
usage billable to the other Party.
5.2.1.4 Data Delivery Schedules: Data shall be delivered to Pac-West by
U S WEST daily (Monday through Friday, except holidays) unless
otherwise negotiated. Pac-West and/or U S WEST Data Center holidays are
excluded. U S WEST and Pac-West shall exchange schedules of designated
Data Center holidays.
5.2.2 Local Account Maintenance
Page 32
5.2.2.1 When Pac-West purchases local service from U S WEST, and, as
appropriate. when Pac-West purchases certain unbundled Network
Elements. U S WEST shall provide Pac-West with local account
maintenance as described herein.
5.2.2.2 When notified by a CLEC that an Pac-West customer has switched
to CLEC's service, U S WEST shall provision the change and notify
Pac-West via Connect:Direct within twenty-four (24) hours of the
provisioning that the customer has chanced to another service provider
("OutPLOC").
5.2.2.3 When notified by Pac-West that a customer has changed its PIC
only from one IXC to another, U S WEST shall provision the PIC only
change.
5.2.2.4 If notified by an IXC using a '01" PIC order record that an
Pac-West Customer has changed its PIC only, U S WEST shall reject the
order and notify that IXC using an industry standard "3148" record with
the operating company number of Pac-West indicated, that a "0 1 " care
PIC record should be sent to Pac-West for processing.
5.2.3 Product/Service Specific
5.2.3.1 Subject to conditions specified in Section 5.1.1(c) of this
Attachment 5, U S WEST shall provide a Specialized Service/Service
Provider Charge record to support the Special Features Star Services if
these features are part of U S WESTs offering. Such record shall be an
EMIR 10-01-18 record or industry standard record as may subsequently be
mutually agreed to by the Parties. Such record shall be a 10-01-18
record or Bellcore assigned record as may be subsequently agreed to by
the Parties.
5.2.4 Emergency Information
5.2.4.1 U S WEST shall provide the transport facility for transmitting
usage and billing data between the U S WEST location and the Pac-West
location. U S WEST shall transmit via ConnectDirect whenever possible.
In the event usage transfer cannot be accommodated by Connect:Direct
because of extended (one (1) Business Day or longer) facility outages,
U S WEST shall contract for a courier service to transport the data via
tape.
5.2.4.2 The Parties shall mutually agree to the following standards
when emergency data is transported to Pac-West on tape or cartridge via
a courier. The data shall be in fixed or variable block format as
mutually agreed to by the Parties:
Tape: 9-track, 6250 (or 1600) BPI
(Bytes per inch)
Cartridge: 38,000 BPI (Bytes per inch)
LRECL: 2,472 Bytes
Parity: Odd
Character Set: Extended Binary Coded Decimal Interchange
Code (EBCDIC)
External labels: Exchange Carrier Name, Dataset Name (DSN)
and volume serial number
Internal labels: IBM Industry OS labels shall be
used. They consist of a single volume
label and two (2) sets of header and
trailer labels.
5.2.4.1 To the extent the above standards are changed or revised, the
Parties may agree to negotiate the incorporation of such new standards.
Page 33
5.2.5 Rejected Recorded Usage Data
5.2.5.1 At the discretion of Pac-West, any messages that cannot be
rated and/or billed by Pac-West may be returned to U S WEST via
Connect: Direct. Returned messages shall be sent directly to U S
WEST in EMR format. Standard EMIR return codes shall be utilized.
5.2.6 Interfaces
5.2.6.1 The Parties shall transmit formatted Recorded Usage Data
via Connect: Direct.
5.2.6.2 Pac-West shall notify U S WEST of resend requirements if a
pack or entire dataset must be replaced due to pack rejection,
damage in transit, dataset name failure, etc.
5.2.6.3 Critical edit failure on the pack header or pack trailer
records shall result in pack rejection (e.g., detail record count
not equal to grand total included in the pack trailer).
Notification of pack rejection shall be made by Pac-West within
one (1) Business Day of processing. Rejected packs shall be
corrected by U S WEST and retransmitted to Pac-West within
twenty-four (24) hours or within an alternate time frame
negotiated on a case by case basis.
5.2.6.4 A pack shall contain a minimum of one (1) message record
or a maximum of 9,999 message records plus a pack header record
and a pack trailer record. A file transmission contains a maximum
of ninety-nine (99) packs. A dataset shall contain a minimum of
one (1) pack. U S WEST shall provide Pac-West one (1) dataset per
sending location, with the agreed upon XXX/OCN populated in the
header and trailer records.
5.2.7 Formats & Characteristics
5.2.7.1 Rated in collect messages should be transmitted via the
Connect:Direct and can be intermingled with the unrated messages.
No special packing is needed.
5.2.7.2 EMR: U S WEST shall provide Recorded Usage Data in the
EMIR format and by category, group and record type, and shall be
transmitted, via a direct feed, to Pac-West The types of EMIR
records that Pac-West can expect to receive from U S WEST,
includes, but is not limited to, the following:
Header Record 20-21-01, 20-20-01 xx 00-00-00
Trailer Record 20-21-02, 20-20-02 xx 00-00-00
Detail Records* 01-01-01, 06, 08, 14, 17, 18, 31, 32,
35, 37, 80, 81, 82, 10-01-01, 06, 08,
14, 17, 18, 31, 32, 35, 37
Credit Records 03-01-01, 06, 08, 14, 17, 18, 31, 32,
35, 37, 80, 81, 82,
Rated Credits 41-01-01, 06, 08, 14, 17, 18, 31, 32,
35, 37, 80, 81, 82,
Cancel Records 51-01-01, 06, 08, 09, 14, 17, 18, 31,
32, 35, 37, 80, 81, 8-2,
Correction Records 71-01-01, 06, 08, 14, 17, 18, 31, 32,
35, 37, 80, 81, 82,
* Category 01 is utilized for rated messages; Category 10 is
utilized for unrated messages. Category 10 records are to have
indicator 13 populated with a value of 5
Page 34
5.2.7.2.1 To the extent the above standards are
changed or revised. the Parties may agree to
incorporate such new standards.
5.2.7.3 U S WEST shall comply with the most current
version of Bellcore standard practice guidelines for
formatting EMR records.
5.2.7.4 The Interfacing Xxxx XXX, OCN, and remote
identifiers shall be used by Pac-West to control
invoice sequencing and each shall have its own
invoice controls. The OCN shall also be used to
determine where the message returns file. containing
any misdirected and unguidable usage, shall be sent.
5.2.7.5 The file's Record Format (RECFM) shall be
Variable Block or fixed as negotiated, Size and the
Logical Record Length (LRECL) shall be as mutually
agreed to by the Parties.
5.2.7.6 (Intentionally left blank for numbering
consistency)
5.2.7.7 U S WEST shall transmit the usage to Pac-West
using dataset naming conventions mutually agreed upon
by the Parties.
5.2.8 Controls
5.2.8.1 Pac-West shall test and certify the
Connect:Direct interface to ensure the accurate
receipt of Recorded Usage Data.
5.2.8.2 Header and trailer records shall be populated
in positions 13-27 with the following information:
Position
13-14 Invoice numbers (1-99)
15-16 Xxxx Co. ID number
17-19 Interfacing Xxxx XXX Code
20-23 Pac-West OCN - value 7229
24-27 Reseller OCN
The trailer grand total record count shall be
populated with total records in pack (excluding
header & trailer)
5.2.8.3 Control Reports: Pac-West accepts input data
provided by U S WEST in EMIR format in accordance
with the requirements and specifications detailed in
this Attachment 5. In order to ensure the overall
integrity of the usage being transmitted from U S
WEST to Pac-West, data transfer control reports shall
be required. These reports shall be provided by
Pac-West to U S WEST on a daily or otherwise
negotiated basis and shall reflect the results of the
processing for each pack transmitted by U S WEST.
5.2.8.4 Control Reports - Distribution: Since U S
WEST is not receiving control reports, dataset names
shall be established during detailed negotiations.
5.2.8.5 Message Validation Reports: Pac-West shall
provide Message Validation reports to the designated
U S WEST System Control Coordinator once a day (or as
otherwise agreed to by the Parties). These reports
shall be provided for all data received within U S
WEST Local Resale feed and shall be transmitted
Monday through Friday.
Page 35
5.2.9.6 Incorrect Pack Processing: This report
provides vital statistics and control totals for
packs rejected and accepted and dropped messages. The
information is provided in the following report
formats and control levels:
U S WEST name;
Reseller total messages processed in a pack:
Packs processed shall reflect the number or messages
initially erred and
accepted within a pack; and
Reseller total packs processed.
5.3 Standards
5.3.1 When requested for security purposes and on an exception basis when a
reasonable need is demonstrated, a Party shall provide the other Party
with Recorded Usage Data within two (2) hours of the call completion or
within the same period that the recording Party would have that data
for itself under similar circumstances. If not available in EMR format,
the Recorded Usage Data may be provided in AMA format.
5.3.2 U S WEST shall include the Working Telephone Number (WTN) of the call
originator on each EMR call record.
5.3.3 End user Customer usage records and station level detail records shall
be in packs in accordance with EMR standards or applicable industry
standards as defined in Section 5.3.1 of this Attachment 5.
5.3.4 U S WEST shall provide Recorded Usage Data once a day to Pac-West on a
schedule to be determined by the Parties, Monday through Friday,
excluding holidays. The Parties shall work together to reach agreement
on an acceptable holiday schedule. U S WEST shall provide to Pac-West
the Recorded Usage Data not more than one (1) Business Day after
termination of the call for which usage data is to be provided.
5.3.5 U S WEST shall segregate and organize the Recorded Usage Data in
accordance with Section 5.2.7 of this Attachment 5.
5.4 Standards for Transmitting and Recording Usage Data
5.4.1 Within thirty (30) days after the Effective Date of this Agreement, the
Parties shall jointly develop standards for transmitting and recording
usage data.
(Deleted per Arbitrator's Recommendations)(6)
5.5 Reporting
5.5.1 Within thirty (30) days after the Effective Date of this Agreement the
Parties shall jointly develop reporting procedures for the standards
for transmitting and recording usage data described in Section 5.4
above.
----------
(6) Per Recommendations at page 28, Issue 150.
Page 36
(Deleted per Arbitrator's Recommendations)(7)
6. Maintenance
6.1 (intentionally left blank for numbering consistency)
6.2 General Requirements
6.2.1 U S WEST shall provide repair, maintenance, testing, and
surveillance for all Telecommunications Services and
unbundled Network Elements and Combinations in accordance
with the terms and conditions of this Agreement.
6.2. 1.1 U S WEST shall provide Pac-West with the same level
of maintenance support as U S WEST provides itself in
accordance with Standards and performance measurements that
U S WEST uses and/or which are required by law, regulatory
agency, or by U S WEST's own internal procedures, whichever
are the most rigorous. These standards shall apply to the
quality of the technology, equipment, facilities, processes,
and techniques (including, but not limited to, such new
architecture, equipment, facilities, and interfaces as 6 S
WEST may deploy) that U S WEST provides to Pac-West under
this Agreement.
6.2.1.2 U S WEST shall provide a SPOC (Single Point of
Contact) for Residence, and a SPOC for Business for Pac-West
to report, via a toll-free telephone number, maintenance
issues and trouble reports twenty four (24) hours a day and
seven (7) days a week. The SPOC Residence toll-free number,
and SPOC Business toll-free number, will be the numbers for
all of U S WEST's fourteen (14) states.
6.2.1.3 U S WEST shall provide Pac-West maintenance dispatch
personnel on the same schedule that it provides its own
Customers.
6.2.2 Pac-West shall handle all interaction with Pac-West Customers
including all calls regarding service problems, scheduling of
technician visits, and notifying the Customer of trouble
status and resolution. When a U S WEST technician is on site,
the customer will be statused in accordance with standard U S
WEST procedures.
6.2.3 Pac-West and U S WEST will provide their respective customers
with the correct telephone numbers to call for access to
their respective repair bureaus.
6.2.4 Customers of Pac-West shall be instructed to report all cases
of trouble to Pac-West. Customers of U S WEST shall be
instructed to report all cases of trouble to U S WEST.
Pac-West and U S WEST will provide their respective repair
contact numbers to one another on a reciprocal basis.
6.2.5 U S WEST shall cooperate with Pac-West to meet maintenance
standards for all Telecommunications Services, unbundled
Network Elements and Combinations ordered under this
Agreement. Such maintenance standards shall include, without
limitation, standards for testing, network management, call
gapping, and notification Of upgrades as they become
available.
----------
7 Per Recommendations at page 28, Issue 150.
6.2.6 All U S WEST employees or contractors who perform repair service for
Pac-West Customers shall follow mutually agreed procedures to in all
their communications with Pac-West Customers. At a minimum, these
procedures, and protocols shall ensure that: (a) U S WEST employees or
contractors shall perform repair service that is at least equal in
quality to that provided to U S WEST Customers: (b) trouble calls from
Pac-West Customers shall receive response time priority that is at
least equal to that of U S WEST Customers. regardless of whether the
Customer is an Pac-West Customer or a U S WEST Customer.
6.2.7 In responding to repair calls, neither Party shall make disparaging
remarks about each other, nor shall they use repair calls as the basis
for internal referrals or to solicit customers to market services.
Either Party may respond with accurate information in answering
customer questions.
6.2.8 U S WEST shall perform scheduled maintenance, including, without
limitation, required and recommended maintenance intervals and
procedures, for all Telecommunications Services, Network Elements and
Combinations provided to Pac-West under this Agreement equal in quality
to that currently provided by U S WEST in the maintenance of its own
network.
6.2.8.1 US WEST shall exercise its best efforts to provide the
designated Pac-West SPOC at least sixty (60) days advance notice of any
scheduled activity which will likely impact Pac-West customers.
6.2.3.2 Plans for significant service affecting activities shall
include, at a minimum, the following information: location and type of
facilities, specific work to be performed, date and time work is
scheduled to commence, work schedule to be followed, date and time work
is scheduled to be completed, and estimated number of work hours for
completion. Examples of such activities include, but are not limited
to, office conversions, cable facility rolls, and tandem re-homes.
6.2.9 U S WEST shall exercise its best efforts to notify Pac-West of all
non-scheduled activities to be performed by U S WEST on any Network
Element, including, without limitation, any hardware, equipment,
software, or system, providing service functionality which will likely
impact Pac-West Customers.
6.2.9.1 U S WEST shall provide to the designated SPOC maximum advance
notice of such non-scheduled activities in the same time and manner
that it provides to its operation service centers.
6.2.9.2 U S WEST shall perform emergency maintenance as promptly as
possible to maintain or restore service and shall promptly advise the
Pac-West designated SPOC of any such actions it takes.
6.2.10 U S WEST shall provide Pac-West a detailed description of any and all
emergency restoration plans and disaster recovery plans which are in
place during the term of this Agreement. Such plans shall include, at a
minimum, the following: (a) provisions for immediate notification to
Pac-West of the existence, location, and source of any emergency
network outage potentially affecting an Pac-West Customer, (b)
establishment of a SPOC responsible for initiating and coordinating the
restoration of all Local Resale and Network Elements or Combinations;
(c) methods and procedures to provide Pac-West with real-time access to
information relating to the status of restoration efforts and problem
resolution during the
Page 38
restoration process; (d) an inventory and description of mobile
restoration equipment, by location, (e) methods and procedures for
reprovisioning of all Telecommunications Services and Network Elements
or Combinations after initial restoration, (f) equal priority, as
between Pac-West Customers and U S WEST Customers, for restoration
efforts, consistent with FCC Service Restoration guidelines, including,
without limitation, deployment of repair personnel. and access to spare
parts and components, and (g) a mutually agreeable process for
escalation Of Maintenance problems. including a complete, up-to-date
list of responsible contacts. each available twenty-four (24) hours per
day, seven (7) days per week.
6.2.10.1 For purposes of this Section 6, an emergency network outage is
defined as 5, 000 or more blocked call attempts in a ten (10) minute
period for all Customers in a single exchange.
6.2.10.2 Pac-West and U S WEST will work cooperatively to assess up
chain (end office to tandem calls), down chain (tandem to end office
calls), and overall customer impact U S WEST categorizes, reports and
reacts to network outages using FCC reporting criteria and U S WEST
Abnormal Condition Report Criteria.
6.2.11 U S WEST and Pac-West shall establish mutually acceptable methods and
procedures for the immediate handling of misdirected calls from
Pac-West customers to U S WEST requesting repair. The Customer shall be
informed that Pac-West is its local service provider (LSP), and the U S
WEST representative will provide the Pac-West customer with the
appropriate telephone number of the Pac-West repair center. If the LSP
screen indicator is not available, the U S WEST representative will ask
the Pac-West Customer if it knows the name of its LSP. The U S WEST
representative will provide the Pac-West Customer with the appropriate
number of the Pac-West repair center. These calls are limited to repair
information only, and are not to be used for marketing purposes.
6.2.12 When electronic interface is available, U S WEST shall inform Pac-West
of repair completion and trouble reason within ten (10) minutes upon
completion. If no electronic interface is available, Pac-West will
provide a SPOC for U S WEST to call as soon as possible after repair
completion. U S WEST shall notify Pac-West that the trouble has been
cleared. This is done on a real-time basis. Therefore the technician
will notify Pac-West in a similar manner, for both dispatched-in and
dispatched-out troubles. The report shall not be considered closed
until such notification is made. Pac-West will contact its Customer to
determine if repairs were completed and confirm the trouble no longer
exists.
6.2.13 U S WEST and Pac-West shall mutually develop escalation procedures to
be followed if, in Pac-West judgment, any performance standard defined
in this Agreement is not met for any individual trouble report The
escalation procedures to be provided shall include names and telephone
numbers of U S WEST management personnel who are responsible for
maintenance issues and who will be contacted when a trouble condition
is escalated.
6.2.14 In the event U S WEST shall fail to conform to any specified
performance and service quality standards, identified elsewhere in this
Agreement, U S WEST shall perform and deliver to Pac-West, a standard
root cause analysis of the reasons for U S WEST's failure to conform,
and U S WEST shall correct said cause as soon as possible, at its own
expense.
Page 39
6.2.15 Dispatching of U S WEST technicians to Pac-West Customer premises
shall be accomplished by U S WEST pursuant to a request received from
Pac-West Pac-West shall be able to schedule maintenance appointments in
intervals at panty with U S WEST upon opening of trouble report.
6.2.16 (Intentionally left blank for numbering consistency)
6.2.17 U S WEST shall supply Pac-West with a unique number to identify each
Pac-West initial trouble report opened.
6.2.17.1 U S WEST and Pac-West agree to a trouble priority and severity
coding format for all trouble reports handled between the two
companies. Troubles are prioritized according to appointment schedules:
6.2.17.1.1 Priority I = Out of Service 6.2.17.1.2 Priority 2 =
Affecting Service 6.2.17.1.3 Priority 3 = Feature Trouble
6.2.17.2 Customer has the ability to escalate.
6.2.18 U S WEST shall provide for resale any maintenance/protection plans for
services offered under this Agreement to Pac-West that it offers U S
WEST's own Customers.
6.2.19 U S WEST's current trouble reporting system does not provide the
capability to reopen a closed trouble report. Therefore, U S WEST shall
allow Pac-West to designate that a trouble report is associated with
the initial trouble report which was closed in the past twenty-four
(24) hours without repairs being performed to the Customer's
satisfaction. U S WEST shall measure the frequency of these types of
repeated reports and will demonstrate non-discriminatory treatment to
Pac-West.
6.2.20 Additional Unbundling Requirements
6.2.20.1 When trouble is reported by a Customer served through
unbundled Network Elements, Pac-West will test its network to identify
any problems. If no problems are identified with the Pac-West network,
Pac-West will open a trouble report with U S WEST and provide
switch-based test results to the U S WEST technician. U S WEST shall
then test its portion of the network and perform repairs as required in
the time frames set forth below in this Attachment 5.
6.2.20. 1.1 If U S WEST tests the unbundled loop and there is
no trouble found ("NTF"), the same shall be reported back to
Pac-West If, upon testing the unbundled loop, the trouble is
isolated to the Customer side of the NID (inside wire, CPE,
etc.), Pac-West shall be billed a trouble isolation charge
("TIC"). If, after Pac-West has opened a trouble ticket, it
cancels the trouble ticket before a U S WEST technician has
been dispatched on the trouble, no charges will apply. If the
U S WEST technician has been dispatched on the reported
trouble before the trouble ticket is canceled by Pac-West, a
TIC will be applied.
6.2.20.1.2 Pac-West will coordinate combined testing or repair
activities until trouble is resolved. U S WEST shall provide
repair updates to Pac-
Page 40
West For trouble isolation both Parties will cooperatively
test to isolate the trouble as required.
6.3 Systems Interfaces and Information Exchanges
6.3.1 U S WEST shall cooperate with Pac-West to establish a real-'time.
electronic interface to U S WESTs maintenance systems and
databases. This system shall be based on existing and future
uniform industry standards being worked in T1 M 1 standards
committee and Electronics Communications Implementation Committee
("ECIC") industry forum.
6.3.1.1 An electronic bond will be a system to system connection
with immediate update capability. In no way shall this interface
cause Pac-West' personnel to use U S WEST systems via remote hook
up or any other means of access.
6.3.1.2 This interface shall allow Pac-West personnel to perform
the following functions for Pac-West Customers: (a) enter trouble
reports in the U S WEST maintenance systems for an Pac-West
Customer, (b) retrieve and track current status on all Pac-West
Customer trouble report; (c) receive "estimated time to repair
(ETTR) on a real-time basis; (d) receive immediate notification in
the event a repair person is unable to be present for, or
anticipates missing, a scheduled repair appointment, (e) retrieve
all time and material charges that apply to Pac-West at the time
of ticket closure (itemized by time spent, price of materials
used, procedures employed, amounts incurred in each such category,
and total by Customer, per event), and (f) receive automated
notification of case closure.
6.3.1.3 Automated interfaces must be provided into a centralized
operations support systems database for real time network
monitoring to proactively identify potential service degradation.
Such systems must monitor and report on the integrity of the U S
WEST network, isolate trouble and, where applicable (e.g., when an
unbundled loop is connected to an unbundled port or when an
unbundled loop includes such equipment as DCS, D4, etc.), initiate
repair operations, test individual unbundled loops and generate
maintenance and repair notices that impact any end user's ability
to complete calls. Ongoing maintenance practices on such unbundled
loops must be equal to or exceed the practices employed by U S
WEST for facilities used to provide Services for Resale.
6.3.1.4 U S WEST agrees to develop and implement, as soon as
possible, with a target date of November 1, 1997, the electronic
interfaces described above.
6.3.2 U S WEST agrees that Pac-West may report troubles directly to a
single U S WEST Repair/Maintenance Center for both residential and
business Customers. The Repair Center will have two separate
numbers, one for residence and one for business. Pac-West' s
Customers will be treated in the same manner as U S WEST
Customers.
6.3.3 U S WEST shall perform all testing for Resale Services. U S WEST
shall provide the capability for Pac-West to receive XXXX test
results while Pac-West customer is on fine during the initial
trouble report, when technically feasible in the U S WEST network.
Page 41
6.3.3.1 U S WEST shall provide test results to Pac-West. if
appropriate, for trouble clearance. In all instances. U S WEST
will provide Pac-West with the disposition of the trouble.
6.3.4 U S WEST shall provide to Pac-West the ability to obtain the
status on open maintenance trouble reports via telephone or by
another interface as agreed to by the Parties. U S WEST agrees to
provide the status of residence and small business trouble reports
upon Pac-West request.
6.3.5 U S WEST agrees to provide to Pac-West the status for open
maintenance trouble reports for large business Customers anytime
the status of 'the trouble report changes or upon Pac-West's
request.
6.3.6 U S WEST agrees that Pac-West may call U S WEST to verify central
office features and functions as they relate to an open trouble
report. U S WEST agrees to work with Pac-West on the initial
trouble report to isolate the cause of the trouble and, where
possible, resolve the feature/function related trouble at that
time.
6.3.7 U S WEST agrees to proactively advise Pac-West of any central
office failure that is known at the time of any inquiry or trouble
report. U S WEST agrees to continue to work with Pac-West toward
implementing a process to meet Pac-West requirements for
notification of switch failures as soon as possible.
6.3.8 U S WEST agrees to provide an Estimated Time To Repair (ETTR) on
all residence and small business trouble reports.
6.3.9 U S WEST agrees to develop, with Pac-West's cooperation, mutually
acceptable workcenter interface agreements to document methods and
procedures for interim and final interfaces for each service
within thirty (30) days after Pac-West notice to U S WEST of its
initiation of that service.
6.3.9.1 After the initial deployment of the workcenter processes,
U S WEST agrees to continue working with Pac-West to further
develop, improve and refine the operational process described in
this Agreement.
6.3.10 U S WEST agrees to provide Pac-West with repair history of
previous trouble reports on customer service of open trouble
report.
6.3.11 U S WEST shall provide Pac-West with the capability to cancel a
trouble report.
6.3.12 U S WEST shall provide Pac-West with the capability to modify a
trouble report.
6.4 Standards
6.4.1 Maintenance charges for premises visits by U S WEST employees or
contractors shall be billed by Pac-West to its Customer.
6.4.1.1 US WEST employees or contractors shall present the
Customer with an Pac-West provided, Pac-West-branded form
detailing the time spent, the materials used and an indication
that the trouble has either been resolved, or that additional work
will be necessary in accordance with the provisions of this
Agreement.
Page 42
6.4.1.2 If additional work is required, U S WEST employees or
contractors shall call Pac-West from the Customer premises so that
Pac-West can schedule a new appointment with U S WEST and Customer
at the same time.
6.4.2 U S WEST agrees to work with Pac-West to support expeditious
development of an industry standard trouble report entry format and
agrees to implement such standard within sixty (60) days after
final resolution by the Network Operation Forum (NOF).
6.5 Performance Measurements and Reporting
(Deleted per Arbitrator's Recommendations)(8)
7. Miscellaneous Services and Functions
7.1 (Intentionally left blank for numbering consistency)
7.2 (Intentionally left blank for numbering consistency)
7.3 Performance Measurements and Reporting
7.3.1 (Deleted per Arbitrator's Recommendations)(9)
7.3.2 (Deleted per Arbitrator's Recommendations)(10)
7.3.3 (Deleted per Arbitrator's Recommendations)(11)
[Charts Removed]
----------
8 Per Recommendations at page 28, Issue 151.
9 Per Recommendations at page 28, Issue 156.
10 Per Recommendations at page 28, Issue 156.
11 Per Recommendations at page 28, Issue 156.
Page 43
Attachment 6
INTERFACE REQUIREMENTS FOR PRE-ORDERING, ORDERING, PROVISIONING,
MAINTENANCE AND REPAIR, AND BILLING
1. Purpose
1.1 This Attachment 6 sets forth the interface requirements for
pre-ordering, ordering and provisioning, maintenance and
repair. and billing, where Pac-West provides service to its
customers through resale of U S WEST Local Resale or through
the use of Unbundled Network Elements and Combinations.
2. Use of Standards
2.1 As described below, Pac-West and U S WEST agree to implement
each interface described below based upon existing and
evolving industry standards or as mutually agreed upon. The
Parties shall transition the electronic interfaces to industry
standards within a time frame mutually agreed to.
3. Reimbursement
3.1 Reimbursement for operational interfaces shall be as
determined by the appropriate regulatory agency as set forth
in this Agreement.
4. Scope
4.1 This Attachment addresses the real-time transaction-based
protocols and transport networks that will be used to exchange
information for
o Preorder/Ordering/Provisioning for Service Resale (SR) and
Customer-Specific Unbundled Network Elements (UNEs)
o Maintenance/Repair for SIR and UNEs
It also addresses the batch protocols and transport networks
that will be used to exchange information for
o Recorded Customer Usage for SR and UNE
o Wholesale Billing for SR and UINE
o Recorded Usage Receivables for UNE
o Local Account Maintenance for SIR and UNE
o Directory Assistance Database
The preceding list of information to be exchanged is intended
to be exemplary and does not represent a comprehensive list of
such information to be exchanged between the parties.
4.2 Pac-West and U S WEST will use at least one method of
exchanging preorder information which will be real-time
transaction-based. Pac-West and U S WEST may also assess and
determine the arrangements and conditions to Support Batch
file transmittal for certain types of preorder information
related to the Street Address Guide and
Switch/Feature/Facility availability.
Page 1
5. System Interfaces
5.1 For Pre-order, Order and Provisioning, an exchange protocol,
such as 'that based upon a subset of Common Management
Interface Protocol (CMIP) transactions referred to as
Electronic Communications-Lite (EC-Lite), will be used to
transport Electronic Data Interchange (ED[) formatted content.
Pac-West and U S WEST will use a TCP/IP based transport
network for the exchange of EDI transactions. Pac-West and U S
WEST will translate ordering and provisioning requests from
the Ordering and Billing Forum (OBF) forms into EDI
transactions using mutually agreed to mappings. The Service
Order SubCommittee (SOSC) of the Telecommunications Industry
Forum/Electronic Data Interchange (TCIF/EDI) committee
interpretations of the 850, 855, 860, 864. 865, 870, and 977
transactions, in accordance with the OBF forms, will be used
to convey all the necessary data to connect, modify or
disconnect local exchange services.
5.2 For Maintenance and Repair, the CMIP transactions referred to
as Electronic Bonding - Trouble Administration (XX-XX) will be
used. Pac-West and U S WEST will use an X.25 transport network
which is the currently defined standard.
5.3 For Billing, Pac-West and U S WEST will use EDI 811 and OBF
Billing Output Specification (BOS) formats via CONNECT:Direct.
Section 13 further defines the conditions when one or the
other format will be used.
5.4 For Local Account Maintenance (XXX), Pac-West and U S WEST
agree to use CONNECT:Direct.
5.5 For Directory Assistance Database Information, Pac-West and U
S WEST agree to use a batch protocol and transport network
that is yet to be determined and will be addressed in the
Joint Implementation Agreement ("JIA") described in Section 18
of this Attachment 6.
5.6 Modifications to OBF forms that are required due to the
absence of, or existence of unnecessary data fields, contents,
or formats will be addressed in the JIA described in Section
18 this Attachment 6.
6. Real Time Performance
6.1 The pre-order real time interface will support the Pac-West
customer contact as executed within Pac-Wests Sales and
Service Centers. Gateway-to-gateway query-response cycle time
performance requirements will be specified as part of the JIA
described in Section 18 of this Attachment 6.
6.2 The transaction response time U S WEST provides to Pac-West
Sales and Service Center will be equal in quality with that
which U S WEST provides to itself or other telecommunications
carriers. For purposes of this Attachment, U S WEST agrees to
provide Pac-West benchmarking information for end-user
performance based on transaction volumes (nominal - light
volume, standard - typical volume, and worst case - heavy
volume). Pac-West may request an improvement in the
transaction response time U S WEST provides to Pac-West's
Sales and Service Center above that which U S WEST provides to
itself or other telecommunications carriers through the BFR
process (as that process is defined in Part A of this
Agreement), should cycle times not meet Pac-West's business
requirements.
Page 2
7. Compliance with Industry Standards
7.1 Pac-West and U S WEST agree to discuss the modification of
these interfaces based upon evolving standards (e.g., data
elements. protocols, transport networks. etc.) and guidelines
issued by or referenced by relevant Alliance for
Telecommunication Industry Solution (ATIS) committees.
Establishment of new, or changes to industry standards and
guidelines will be reviewed on no less than an annual basis
commencing on the Effective Date of this Agreement. This
review will consider standards and guidelines that have
reached final closure as well as those published in final
form. Both parties agree to evaluate evolving standards and
mutually determine the relevant modification to be implemented
based upon the latest approved version adopted or the latest
version reflecting final closure by the relevant (ATIS)
committee or subcommittee. The parties will use reasonable
effort to reach closure upon the necessary chances within no
more than three (3) months of initiating each review and to
implement the changes within nine (9) months or earlier, if
reasonably possible, unless there is mutual agreement to a
different implementation schedule.
7.2 In the course of establishing operational ready system
interfaces between U S WEST and Pac-West to support Local
Resale delivery, Pac-West and U S WEST may need to define and
implement system interface specifications that are
supplemental to existing standards. Where mutually agreed to,
Pac-West and U S WEST will submit such specifications to the
appropriate standards committee and will work towards its
acceptance as a standard.
8. Scheduled Availability
8.1 Pac-West and U S WEST agree to an operational/production
readiness as soon as possible with a target date of November
1, 1997 for the delivery of all systems interfaces described
within this document, with the mutual understanding that (1)
product delivery content is dependent on requirements
definition and the time required to develop to these
requirements and (2) operational readiness is dependent upon
satisfactory test results for the transaction volumes
projected by Pac-West. Pac-West and U S WEST agree to work to
mutually identify, prioritize and track those functions which
may need to be positioned in a subsequent systems interface
delivery. These functions will be jointly reviewed to define
the time frame for development of subsequent releases of the
system interfaces and establish mutually agreeable delivery
dates.
8.2 Pac-West and U S WEST agree that project schedules, timelines,
milestone deliverables, reporting processes, among others,
will be specified in the JIA (Section 18 of this Attachment
6). These schedules and deliverables will be reviewed and
revised as needed as part of regularly scheduled meetings
conducted throughout the development/implementation cycle.
9. Pre-Order
9.1 The Parties agree that the exchange of preordering information
for resale services and for services provided using UNEs will
be transmitted over the same interface.
9.2 Pac-West and U S WEST will establish a transaction-based
electronic communications interface based upon the most
current (as of the Effective Date of this Agreement) version
of the Service Order Subcommittee (SOSC) implementation
guideline for Electronic Data Interchange (EDI). An exchange
protocol, such as Electronic Communications-Lite (EC-
Page 3
Lite) will be used to transport EDI formatted content
necessary to perform inquiries including but not limited to:
switch/feature/facility availability, address verification,
telephone number assignment, appointment scheduling, and
customer service record requests. Without limiting other
restrictions which may apply, customer service records are
provided for the limited purpose of supporting the resale of U
S WEST local exchange services by Pac-West or the sale of
unbundled elements on behalf of that Customer. The use of
records in a manner not associated with the ordering process.
is expressly forbidden, and is a violation of the terms of
this Agreement.
10. Order and Provisioning
10.1 When Pac-West is the customer of record for the resold local
exchange service(s), the exchange of information relating to
the ordering and provisioning of local exchange service will
be based upon the American National Standards Institute (ANSI)
Accredited Standards Committee (ASC) X12 Standards as
documented by the SOSC of the Telecommunications Industry
Forum/Electronic Data Interchange (TCIF/EDI) committee. The
Implementation Guidelines for Electronic Data Interchange EDI
Guidelines Customer Services Issue 7 will be used as a
baseline for implementation despite the fact that this
document may not have reached final approval stage by the
Effective Date of this Agreement. An exchange protocol, such
as EC-Lite will be used to transport EDI formatted content The
information exchange will be forms-based, using Local Service
Request (LSR) Form, End User Information Form, and the Resale
Service Form developed by the OBF as specified in the August
1996 version of the OBF forms in Bellcore SR STS-471OXX, and
for Directory Listings, included with a local service request,
as specified in SR STS-471102.
10.2 The end-user specific LINE order will be based upon OBF LSR
forms. The applicable SOSC implementation guidelines described
previously also apply to the End-user Specific Provisioning
LINE orders. U S WEST and Pac-West agree that the information
exchange will be forms-based using the Local Service Request
Form, End User Information Form, Loop Service Form (which may
ultimately be renamed the Loop Element form) and Port Form
(which may ultimately be renamed the Switch Element Form)
developed by the OBF. End-user-specific Network Elements, or
Combinations thereof, to be supported in LINE orders shall be
as permitted in this Agreement for unbundled Network Elements
and subject to FCC and state regulatory requirements.
10.3 Subject to regulatory direction or mutual agreement relative
to the requirement of providing combinations of UNE
components, Pac-West and U S WEST will establish a method to
relate, track and process as a single entity the individual U
S WEST provided End-user-specific UNE components specified at
the time of the initial order.
10.4 Pac-West and U S WEST will use the same transaction-based
protocol, such as EC-Lite, and transport network specified for
service resale for End-user specific UNE orders.
10.5 The ordering of common use (non-end-user-specific) UNEs, as
may be permitted under the Interconnection Agreement for
unbundled elements and subject to FCC and state regulatory
requirements, will be supported by a process separate from
that described in the preceding paragraphs for
end-user-specific UNEs, such system to be the same or similar
to the mechanized process used for trunk service requests or
another process or system as appropriate and determined by
mutual agreement. Unless U S WEST is otherwise required by
Pac-West, this process will not employ the electronic
interfaces specified in this Attachment 6, unless modified by
separate agreement. U S WEST will support, if and to the
extent required by law, this Agreement or mutually agreed to,
Interconnection and operation of End-user-specific UNEs used
in combination with
Page 4
common use UNEs. The systems and ordering process as outlined
herein is separate and apart from the BFR process agreed to by
the Parties. The JIA (Section 18 of this Attachment 6) will
address the details related to defining a mechanism to
correlate Enduser-specific LINE orders placed via system
interfaces with Common Use UNEs that May have been previously
ordered.
10.6 U S WEST will accept an 860 transaction that contains the
complete refresh of the previously provided order information
(under the original 850 transaction) simultaneously with the
delivery of supplemental (new/revised) information from
Pac-West. subject to mutually agreed upon business rules. This
treatment with respect to the 860 transaction will be accepted
by both parties until the SOSC explicitly clarifies the
information exchanges associated with supplementing orders, or
Pac-West and U S WEST mutually agree to change the treatment.
11. Maintenance and Repair
11.1 The exchange of maintenance and repair information, for both U
S WEST retail local exchange services to be resold by Pac-West
and for services Pac-West provides using a U S WEST UNE or
combinations of U S WEST UNEs, will be transmitted over the
same interface.
11.2 For the purpose of exchanging fault management information,
Pac-West and U S WEST will establish an electronic bonding
interface, based upon ANSI standards T1.227-1995 and
T1.228-1995, and Electronic Communication Implementation
Committee (ECIC) Trouble Report Format Definition (TRFD)
Number 1 as defined in ECIC document ECIC/TRA/95-003, and all
standards referenced within those documents. The parties will
use the functions currently implemented for reporting access
circuit troubles. These functions include, but are not limited
to: Enter Trouble, Request Trouble Report Status, Add Trouble
Information, Modify Trouble Report Attributes, Trouble Report
Attribute Value Change (AVC) Notification and Cancel Trouble
Report, all of which are fully explained in ANSI
T1.227/T1.228-1995. Additional functions not currently
implemented by the parties or defined by the standards may be
supported by mutual agreement (e.g. Test Access and Trouble
History).
11.3 Modifications that are required due to the absence of, or
existence of unnecessary data fields, contents, or formats
will be addressed in the JIA described in Section 18 of this
Attachment 6.
12. Recorded Customer Usage
12.1 U S WEST will record the mutually agreed upon Customer usage
data that Pac-West requires for its retail local service
Customers. The content of such data will be based upon a
mutually agreeable interpretation of the BellCore Exchange
Message Record (EMR) format to be documented within the JIA. U
S WEST will provide electronic transmission of the recorded
data using CONNECT:Direct daily on Monday through Friday
(excluding holidays) on a schedule to be determined in the
JIA. This interface and format will be used to deliver
recorded usage when Pac-West is reselling retail local
exchange services of U S WEST and when usage is associated
with Customers served by Pac-West through one or more UNEs
provided by U S WEST. Pac-West and U S WEST will mutually
agree upon the conditions when Customer usage data recording
will be provided on behalf of Pac-West.
Page 5
13. Billing Format for Service Resale (SR) and Unbundled Network Elements
(UNE) Payables
13.1 Billing information for unbundled loop and port elements that
are flat-rated will be provided in a single EDI 811 format
across all U S WEST regions via Connect: Direct. Billing
information for unbundled trunks/interoffice transport
elements that are flat-rated will be provided in a BOS format
via Connect.:Direct and will appear in the Customer Service
Record of the facility xxxx. Billing information for SR
products and services that are flat rated will be provided in
a single EDI 811 format across all U S WEST regions via
Connect: Direct. Exceptions include, but are not limited to,
frame relay which will be provided in a BOS format via
Connect:Direct. The display of rating codes and the associated
charge will be mutually agreed upon in both formats. Charges
associated with a specific loop will reflect the circuit ID
format.
13.2 For usage-rated billing, U S WEST will issue bills to Pac-West
for SR/UNE in the formats described under the flat-rated
SR/UNE billing section. Usage-rated billing for SR/UNE will be
uniquely identified and displayed in the Usage Sections of the
xxxx. For products using BOS format, jurisdiction will be
specified per BOS guidelines. Conversation time, by chargeable
traffic type, will be displayed and billed per applicable
tariffs. Delivery of usage-rated SR/UNE bills will be provided
as described under the flat-rated SR/UNE billing section.
13.3 UNEs which U S WEST agrees to provide, under the terms and
conditions of the Agreement, or to the extent required by law,
that are recombined as a single service, will be grouped
together by U S WEST and displayed together on the xxxx.
14. Recorded LINE Local or Access Usage Receivables
14.1 U S WEST will record all agreed upon originating and
terminating usage billed to and associated with a LINE
provided by U S WEST to Pac-West. The usage recorded will be
in the same BellCore Exchange Message Record format discussed
within Section 12 and will be subject to the same terms and
conditions for modification and/or replacement of the format
as discussed in Section IX
14.2 Pac-West and U S WEST will mutually agree upon the Local and
Long Distance access customer usage data recording that U S
WEST will provide to Pac-West consistent with FCC and State
regulatory guidelines and requirements, so that Pac-West may
xxxx other carriers for the local and exchange access usage
charges to which Pac-West is entitled, if any. Pac-West and U
S WEST will perform mutually agreeable systems testing, as
documented in the JIA (Section 18 of this Attachment 6), as
soon as possible with a target date of November 1, 1997.
14.3 U S WEST will provide electronic transmission of the recorded
usage using CONNECT:Direct daily on Monday through Friday on a
schedule to be determined in the JIA (excluding holidays). The
same or similar interface used for delivery of recorded
customer usage, discussed in Section 12, will be used for
delivery of the recorded usage discussed in this section.
15. Local Account Maintenance
15.1 When acting as the switch provider for Pac-West. where
Pac-West either is reselling retail services of U S WEST or
employing UNEs to provide local service, U S WEST will notify
Pac-West whenever the local service Customer transfers service
from Pac-West to another local service provider. U S WEST will
provide this notification via CONNECT:Direct using a mutually
agreeable 4-digit Local Use Transaction Code Status
Page 6
Indicator (TCSI) that will be used to indicate that the retail
customer is terminating local service with Pac-West. This
notice will be provided on the next processing day after
implementing the transfer, where processing days are Monday
through Friday (excluding holidays). The TCSI, sent by U S
XXXX, xxxx be in the 960 byte industry standard CARE record
format.
15.2 Pac-West and U S WEST will process account changes that affect
only the presubscribed intraLATA and/or interLATA toll
provider (PIC) via a change service order form using the same
EC-Lite transaction based protocol and transport network
employed for ordering resale service as specified in Section
10.
15.3 When appropriate regulatory guidelines exist, U S WEST will
use the industry standard CARE message TCSI 3148 to reject an
IXC-initiated change of the Primary Interexchange Carrier
(PIC), where U S WEST is the switch provider either for the
retail local services of U S WEST that Pac-West resells or
UNEs of U S WEST that Pac-West -employs in providing service.
15.4 Agreement by U S WEST and Pac-West to the Local Account
Maintenance described above does not, in any way, set a
precedence or remove any obligation for U S WEST and Pac-West
to work towards an industry solution for supporting customer
movement between and among other ILECs and CLECs.
16. Directory Assistance Database
16.1 Pac-West and U S WEST will use a batch protocol and transport
network to exchange Directory Assistance Database information
similar to existing U S WEST listings products (i.e., DA EUSL,
DA EUSL Updates). The specific protocol and transport network
to be used has not been determined or mutually agreed to and
will be specified in the JIA.
16.2 Without limiting other restrictions which may apply, directory
service Listing products are provided for the limited purpose
of supporting provision of services as outlined in this
Agreement The use of Listings in a manner not associated with
this use, is expressly forbidden, and is a violation of the
terms of this Agreement.
17. Testing and Acceptance
17.1 The Parties will test the interfaces developed under this
Attachment 6. The intent of the end-to-end integrity testing
is to establish, through the submission and processing of test
cases, that transactions agreed to by Pac-West and U S WEST
will successfully process, in a timely and accurate manner,
through both parties' supporting OSS as well as the
interfaces. Irreconcilable differences regarding the
interpretation of operational status of the interfaces will be
handled through the dispute resolution process as defined in
Section 27 of Part A of this Agreement.
17.2 An interoperability testing suite shall ensure the
implementation of functions, capabilities, and acceptance
criteria enumerated in the JIA, with both Parties agreeing to
resolve any material defects in the software.
17.3 The test process shall include a series of tests in which the
transactions, representative of the predominant business
transactions associated with local customer servicing, are
performed side-by-side using the mediated access gateway
interface to U S WEST Legacy systems and the Legacy system
interface utilized by U S WEST service representatives and
repair attendants. The purpose of this series of tests will be
to verify that the performance and response times visible to a
user of the mediated access
Page 7
gateway for nominal and worst case scenarios are provided with
the Same level of quality as U S WEST provides to itself or
others in accordance with the Act.
17.4 U S WEST does not warrant that its systems and access to those
systems will be errorfree.
17.5 Products and services already billed via the Integrated Access
Billing System (IABS) will be included in the existing
pre-xxxx certification process for general availability and a
recertification process conducted in accordance with current
practices. For products and services billed outside of IABS.
the parties will work towards establishing a mutually agreed
upon pre-xxxx certification process.
17.6 Pac-West and U S WEST agree that metrics are required in order
to monitor the performance and assure the on-going delivery of
non-discriminatory access to U S WEST systems for
pre-order/ordering/provisioning, maintenance/repair, billing,
and Directory -Assistance databases. A performance measurement
plan that addresses the definition, measurement, and review of
quality, timeliness, accuracy and availability of each
interface and associated transactions or files will be jointly
developed and documented within the JIA for each interface.
17.7 Pac-West and U S WEST agree to periodic status meetings to
review the overall progress toward introducing fully
operational interfaces capabilities as soon as possible, with
a target date of November 1, 1997.
17.8 Results of testing shall be considered Confidential
Information, except that such results may be provided pursuant
to this Agreement and law.
18. Joint Implementation Agreement Development
18.1 Pac-West and U S WEST recognize that the preceding provisions
are not sufficient to resolve all, technical and operational
details related to the interfaces described. Therefore,
Pac-West and U S WEST agree to document the additional,
technical and operational details in the form of a Joint
Implementation Agreement ('JIA"). The purpose of the JIA is to
establish the working details of the systems interfaces
between the two parties, and as such, they will not be
submitted to the Commission for approval as amendments to this
Agreement. These JIA may be modified, by mutual agreement,
over the life of this Agreement without subjecting the balance
of this Agreement to renegotiation or modification.
18.2 Both parties further agree that any technical, operational or
implementation issues directly associated with the systems
interfaces, once identified at the working team level, may be
escalated by the initiative of either party thirty (30) days
after an issue is identified. The escalation will proceed
first to the senior management of both companies who will seek
to resolve the issue. Within fourteen (14) days after the
Effective Date of this Agreement, Pac-West and U S WEST will
document the agreed upon escalation process including the
names and contact information of responsible senior
management. If an issue is not resolved within thirty (30)
days following receipt of the issue by senior management,
either party may submit the issue to the dispute resolution
process contained in Section 27 of Part A of this Agreement.
18.3 Pac-West and U S WEST will document an overall project
implementation schedule within sixty (60) days after the
Effective Date of this Agreement. This schedule will be
mutually binding and can be modified by mutual consent.
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18.4 In addition, Pac-West and U S WEST agree to document both a
topical outline for the JIA, and establish a schedule for
identifying, discussing, resolving and documenting resolution
of issues related to each aspect of the JIA topical outline
for each interface discussed in this document. In no case will
either end-to-end integrity testing or load testing begin
without both parties mutually agreeing that each interface JIA
documents the intended operation of the interface scheduled
for testing. In the event the parties can not agree prior to
one hundred and twenty (120) days of the
operational/production readiness date for delivery of all
system interfaces described within this Attachment. disputes
over the sufficiency of documentation will be submitted to
arbitration pursuant to the dispute resolution process
contained in Section 27 of Part A of this Agreement
18.5 By mutual agreement, specific paragraphs or entire sections of
the Interconnection Agreement may be identified and documented
to serve the purpose described for the Joint Implementation
Agreement for specific interfaces. Any issues identified and
subsequently resolved through either the end-to-end integrity
or load testing processes will be incorporated into the
impacted interface section of the JIA within thirty (30) days
of issue resolution.
18.6 An illustrative outline for a JIA follows:
o Introduction
o Purpose of Joint Implementation Agreement
o Terms of Agreement
o "System" Interface
o Business Process and Data Requirements
o Overall Responsibilities
o Identification & Definitions of Activities
o Information To Be Provided Per Transaction
o Process Information for Each Activity &
Transaction
o Delivery Criteria
o Data Standard
o Message Protocol
o Transmission Protocol
o Destination
o Frequency Of Data
o Deviations to Generic Specification
o Error Processing
o Process for Notification of Late Transmittals
o Escalation & Expedite Procedures
o Transaction Response Times File Format
Specifications Rules for the Physical Interface
o File Structure
o Data Format
o Error Controls
o Physical Tape Specifications
o Site Information Contact Person Transmission
Hours
o Testing
o Cooperative Testing
o Pairwise Testing
o ETE Testing
o Test Order ETE (Employees)
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o Future Testing Requirements
o Interface Metrics
o Data Timeliness
o Data Completeness
o Data Accuracy
o Contact Information
o Contacts/Escalation Contacts
o Schedules for Center Operations (days/hours of
Operation)
o Data Requirements
o Retention of Data
o Back-up and Recovery Procedures
o Disaster Recovery
o System Change Notification
o Guarding of Proprietary Data
o Reporting Information
o Reports to be Generated
o Frequency
o Data Requirements
o Transmission
o Change Control Process
o Issue Resolution Process
o Termination of Interface Notification
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IMPLEMENTATION SCHEDULE(1)
1. Local Service Resale
1.1 Within ninety (90) days after the Effective Date of this
Agreement but no later than October 1, 1997, U S WEST shall
provide for resale all services designated in this Agreement.
Once service is initiated in an area, the ordering and
provisioning intervals will be as specified in this Agreement
and/or adopted by the Commission.
1.2 (Deleted per Commission Approval)
2. Unbundled Network Platform (All Network Elements in Combination)
2.1 Within one hundred twenty (120) days after the Effective Date
of this Agreement but no later than November 1, 1997, U S WEST
shall offer all services, Network Elements and any
Combinations thereof designated in this Agreement. Once
service is initiated in an area, the ordering and provisioning
intervals will be as specified in this Agreement and/or
adopted by the Commission.
2.2 (Deleted per Commission Approval)
3. Interconnection Trunking for Local Service
3.1 Within thirty (30) days after the Effective Date of this
Agreement or such other time period as the Parties may mutually
agree, U S WEST shall provide Interconnection trunk groups
necessary for the mutual exchange of traffic or combined trunk
groups as necessary or required for efficiency and
interconnection billing to locations specified by Pac-West.
Subsequent to this thirty-day period, interconnection trunk
orders shall be processed as specified in this Agreement and/or
adopted by the Commission.
4. Ancillary Trunking
4.1 Within ninety (90) days after the Effective Date of this
Agreement but no later than November 1, 1997, U S WEST shall
provide:
4.1.1 E-911 Trunking, in cooperation with Pac-West;
4.1.2 SS7 Interconnection and Certification, in
cooperation with Pac-West; and
4.1.3 Directory Listings Arrangements and Directory
Assistance Interconnection.
----------
(1) Implementation Schedule adopted as modified per Approval at page 13,
paragraph B.
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5. Unbundled Loops
5.1 Within sixty (60) days after Collocation has been provided
pursuant to the terms of this Agreement, U S WEST shall
provide unbundled loops at designated end offices. Subsequent
unbundled loops should be made available pursuant to ordering
intervals as specified in this Agreement and/or adopted by
the Commission.
6. Collocation
6.1 Collocation will be provided upon request pursuant to the terms
and conditions of this Agreement.
7. Access to Poles, Ducts and Rights of Way
7.1 Access to Poles, Ducts and Rights of Way shall be provided
upon request, pursuant to the terms and conditions of this
Agreement.
8. Interim Number Portability
8.1 Interim Number Portability capabilities, as specified in this
Agreement, shall be made available in specified locations
ninety (90) days after the Effective Date of this Agreement
and within appropriate service order windows thereafter.
Interim Number Portability shall be capable of being ordered
electronically with a target date of December 1, 1997.
9. Operational Support System
9.1 Operational Support Systems shall be available for
preordering, ordering, provisioning, maintenance, repair and
billing under the following target schedule:
9.1.1 Service Resale of POTS and Multiline Xxxx Group Up
to 12 lines by 11/1/97
9.1.2 Complex Business services by 211/98
9.1.3 Interim Number Portability by 1211/97
9.1.4 Unbundled Network Platform by 1211/97
9.1.5 Other elements within the Agreement by 5/1/98 or as
agreed to by the Parties
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