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EXHIBIT 10.24
INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
GTE SOUTHWEST INCORPORATED
GTE MIDWEST INCORPORATED
GTE ARKANSAS INCORPORATED
AND
DIGITAL TELEPORT, INC.
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TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT..........................................................................I-1
ARTICLE II
DEFINITIONS...........................................................................................II-1
1. General Definitions...................................................................................II-1
1.1 "ACCESS SERVICE REQUEST"............................................................II-1
1.2 "ACT"...............................................................................II-1
1.3 "AFFILIATE".........................................................................II-1
1.4 "AMA"...............................................................................II-1
1.5 "APPLICABLE LAW"....................................................................II-1
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM (ALI/DMS)"
....................................................................................II-1
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI"..........................................II-1
1.8 "BELLCORE"..........................................................................II-1
1.9 "XXXX-AND-KEEP ARRANGEMENT".........................................................II-1
1.10 "BONA FIDE REQUEST (BFR)"...........................................................II-2
1.11 "BUSINESS DAY"......................................................................II-2
1.12 "CENTRAL OFFICE SWITCH".............................................................II-2
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS)....................................II-2
1.14 "CLLI CODES"........................................................................II-2
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS)...........................................II-2
1.16 "COMMISSION"........................................................................II-2
1.17 "COMMON CHANNEL SIGNALING" OR "CCS".................................................II-2
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC).........................................II-2
1.19 "COMPLIANCE"........................................................................II-2
1.20 "CUSTOMER"..........................................................................II-2
1.21 "CUSTOMER USAGE DATA"...............................................................II-2
1.22 "DS-1"..............................................................................II-2
1.23 "DS-3"..............................................................................II-3
1.24 "ELECTRONIC FILE TRANSFER"..........................................................II-3
1.25 "EMR"...............................................................................II-3
1.26 "E-911 SERVICE".....................................................................II-3
1.27 "EXCHANGE SERVICE"..................................................................II-3
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE".........................................II-3
1.29 "FACILITY"..........................................................................II-3
1.30 "FCC"...............................................................................II-3
1.31 "GENERATOR".........................................................................II-3
1.32 "GTOC"..............................................................................II-3
1.33 "GUIDE".............................................................................II-3
1.34 "HAZARDOUS CHEMICAL"................................................................II-3
1.35 "HAZARDOUS WASTE"...................................................................II-4
1.36 "IMMINENT DANGER"...................................................................II-4
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC)...........................................II-4
1.38 "INTERIM NUMBER PORTABILITY (INP)"..................................................II-4
1.39 "INTERCONNECTION POINT" ("IP")......................................................II-4
1.40 "ISDN USER PART (ISUP)".............................................................II-4
1.41 "IXC" OR "LNTEREXCHANGE CARRIER"....................................................II-4
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY"............................II-4
1.43 "LATA"..............................................................................II-4
1.44 "LINE INFORMATION DATA BASE (LIDB)".................................................II-4
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1.45 "LINE SIDE".........................................................................II-4
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC"...................................................II-4
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG"............................................II-5
1.48 "LOCAL NUMBER PORTABILITY (LNP)"....................................................II-5
1.49 "LOCAL TRAFFIC".....................................................................II-5
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME"..................................................II-5
1.51 "MEET-POINT BILLING" OR "MPB".......................................................II-5
1.52 "MECAB".............................................................................II-5
1.53 "MECOD".............................................................................II-5
1.54 "MID-SPAN FIBER MEET"...............................................................II-5
1.55 "NANP"..............................................................................II-5
1.56 "NETWORK ELEMENT"...................................................................II-5
1.57 "NID" OR "NETWORK INTERFACE DEVICE".................................................II-6
1.58 "NUMBERING PLAN AREA" OR "NPA"......................................................II-6
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE"...............................II-6
1.60 "911 SERVICE".......................................................................II-6
1.61 "OWNER AND OPERATOR"................................................................II-6
1.62 "POI"...............................................................................II-6
1.63 "POLE ATTACHMENT"...................................................................II-6
1.64 "PROVIDER"..........................................................................II-6
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP"...........................................II-6
1.66 "RATE CENTER".......................................................................II-6
1.67 "RIGHT-OF-WAY" OR "ROW".............................................................II-7
1.68 "ROUTING POINT".....................................................................II-7
1.69 "SERVICE CONTROL POINT" OR "SCP"....................................................II-7
1.70 "SERVICE SWITCHING POINT" OR "SSP"..................................................II-7
1.71 "SIGNALING POINT" OR "SP"...........................................................II-7
1.72 "SIGNALING SYSTEM 7" OR "SS7".......................................................II-7
1.73 "SIGNAL TRANSFER POINT" OR "STP"....................................................II-7
1.74 "SUBSIDIARY"........................................................................II-7
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET"............................................II-7
1.76 "SWITCHED ACCESS SERVICE"...........................................................II-7
1.77 "TELECOMMUNICATIONS SERVICES".......................................................II-7
1.78 "THIRD PARTY CONTAMINATION".........................................................II-8
1.79 "TRUNK SIDE"........................................................................II-8
1.80 "UNDEFINED TERMS"...................................................................II-8
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES")....................................II-8
1.82 "WIRE CENTER".......................................................................II-8
ARTICLE III
GENERAL PROVISIONS...................................................................................III-1
1. Scope of General Provisions..........................................................................III-1
2. Term and Termination.................................................................................III-1
2.1 Term...............................................................................III-1
2.2 Post-Termination Arrangements......................................................III-1
2.3 Termination Upon Default...........................................................III-1
2.4 Termination Upon Sale..............................................................III-1
2.5 Liability upon Termination.........................................................III-1
3. Amendments...........................................................................................III-2
4. Assignment...........................................................................................III-2
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5. Authority............................................................................................III-2
6. Responsibility for Payment...........................................................................III-2
7. Billing and Payment..................................................................................III-2
7.1 Dispute............................................................................III-2
7.2 Late Payment Charge................................................................III-2
7.3 Due Date...........................................................................III-2
7.4 Audits.............................................................................III-2
8. Binding Effect.......................................................................................III-2
9. Capacity Planning and Forecasting....................................................................III-3
10. Compliance with Laws and Regulations.................................................................III-3
11. Confidential Information.............................................................................III-3
11.1 Identification.....................................................................III-3
11.2 Handling...........................................................................III-3
11.3 Exceptions.........................................................................III-4
11.4 Survival...........................................................................III-4
12. Consent..............................................................................................III-4
13. Cooperation on Fraud Minimization....................................................................III-4
14. Dispute Resolution...................................................................................III-4
14.1 Alternative to Litigation..........................................................III-4
14.2 Negotiations.......................................................................III-4
14.3 Arbitration........................................................................III-5
14.4 Expedited Arbitration Procedures...................................................III-5
14.5 Costs..............................................................................III-5
14.6 Continuous Service.................................................................III-5
15. Entire Agreement.....................................................................................III-5
16. Expenses.............................................................................................III-6
17. Force Majeure........................................................................................III-6
18. Good Faith Performance...............................................................................III-6
19. Governing Law........................................................................................III-6
20. Standard Practices...................................................................................III-6
21. Headings.............................................................................................III-6
22. Independent Contractor Relationship..................................................................III-6
23. Law Enforcement Interface............................................................................III-6
24. Liability and Indemnity..............................................................................III-7
24.1 Indemnification....................................................................III-7
24.2 End User and Content-Related Claims................................................III-7
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24.3 DISCLAIMER.........................................................................III-7
24.4 Limitation of Liability............................................................III-8
24.5 Intellectual Property..............................................................III-8
25. Multiple Counterparts................................................................................III-8
26. No Offer.............................................................................................III-8
27. No Third Party Beneficiaries.........................................................................III-8
28. Notices..............................................................................................III-8
29. Protection...........................................................................................III-9
29.1 Impairment of Service..............................................................III-9
29.2 Resolution.........................................................................III-9
30. Publicity............................................................................................III-9
31. Regulatory Agency Control............................................................................III-9
32. Changes in Legal Requirements........................................................................III-9
33. Effective Date.......................................................................................III-9
34. Regulatory Matters..................................................................................III-10
35. Rule of Construction................................................................................III-10
36. Section References..................................................................................III-10
37. Service Standards...................................................................................III-10
37.1 ..................................................................................III-10
37.2 ..................................................................................III-10
37.3 ..................................................................................III-10
38. Severability........................................................................................III-10
39. Subcontractors......................................................................................III-10
40. Subsequent Law......................................................................................III-10
41. Taxes...............................................................................................III-10
42. Trademarks and Trade Names..........................................................................III-11
43. Waiver..............................................................................................III-11
44. Environmental Responsibility........................................................................III-11
45. TBD Prices..........................................................................................III-12
46. Amendment of Certain Rates, Terms and Conditions....................................................III-13
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ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS ...............................................................................IV-1
1. General...............................................................................................IV-1
2. Liability of GTE......................................................................................IV-1
2.1 Inapplicability of Tariff Liability.................................................IV-1
2.2 DTI Tariffs or Contracts............................................................IV-1
2.3 No Liability for Errors.............................................................IV-1
3. Unauthorized Changes..................................................................................IV-1
3.1 Procedures..........................................................................IV-1
3.2 Option to Restrict Changes Without Evidence of Authorization........................IV-2
4. Impact of Payment of Charges on Service...............................................................IV-2
5. Unlawful Use of Service...............................................................................IV-2
6. Timing of Messages....................................................................................IV-3
7. Procedures For Preordering, Ordering, Provisioning, Etc...............................................IV-3
8. Customer Contacts.....................................................................................IV-3
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC...............................................V-1
1. Services Covered by This Article.......................................................................V-1
1.1 Types of Services....................................................................V-1
1.2 Service Locations for Interconnection Services and Facilities........................V-1
1.3 Additional Services or Service Locations.............................................V-1
2. Billing and Rates......................................................................................V-1
2.1 Rates and Charges....................................................................V-1
2.2 Billing..............................................................................V-1
3. Transport and Termination of Traffic...................................................................V-1
3.1 Traffic to be Exchanged..............................................................V-1
3.2 Compensation For Exchange Of Traffic.................................................V-2
3.3 Tandem Switching Traffic.............................................................V-3
3.4 Inter-Tandem Switching...............................................................V-3
4. Direct Network Interconnection.........................................................................V-3
4.1 Network Interconnection Architecture.................................................V-3
4.2 Compensation.........................................................................V-4
4.3 Trunking Requirements................................................................V-4
4.4 Network Redesigns Initiated by GTE...................................................V-6
4.5 Interconnection Calling and Called Scopes for the Access Tandem
Interconnection and the End Office Interconnection...................................V-6
5. Indirect Network Interconnection.......................................................................V-6
6. Number Resources.......................................................................................V-6
6.1 Number Assignment....................................................................V-6
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6.2 Rate Centers.........................................................................V-6
6.3 Routing Points.......................................................................V-6
6.4 Code and Numbers Administration......................................................V-6
6.5 Programming Switches..........................................................................V-7
7. Interim Number Portability (INP).......................................................................V-7
8. Meet-Point Billing.....................................................................................V-7
8.1 Meet-Point Arrangements.......................................................................V-7
8.2 Compensation..................................................................................V-8
9. Common Channel Signaling...............................................................................V-8
9.1 Service Description...........................................................................V-8
9.2 Signaling Parameters..........................................................................V-8
9.3 Privacy Indicators............................................................................V-8
9.4 Connection Through STP........................................................................V-8
9.5 Third Party Signaling Providers...............................................................V-8
9.6 Multi-Frequency Signaling.....................................................................V-8
10. Service Quality and Performance........................................................................V-9
11. Network Outages........................................................................................V-9
ARTICLE VI
RESALE OF SERVICES....................................................................................VI-1
1. General...............................................................................................VI-1
2. Terms and Conditions..................................................................................VI-1
2.1 Quality and Performance......................................................................VI-1
2.2 Restrictions on Resale.......................................................................VI-1
2.3 Restrictions on Discount of Retail Services..................................................VI-1
2.4 Resale to Other Carriers.....................................................................VI-2
3. Ordering and Billing..................................................................................VI-2
3.1 Local Service Request........................................................................VI-2
3.2 Certificate of Operating Authority...........................................................VI-2
3.3 Letter of Authorization......................................................................VI-2
3.4 Directory Assistance Listings................................................................VI-2
3.5 Nonrecurring Charges.........................................................................VI-2
3.6 Transfers Between DTI and Another Reseller of GTE Services...................................VI-2
3.7 Local Calling Detail.........................................................................VI-2
3.8 Procedures...................................................................................VI-2
3.9 LIDB.........................................................................................VI-2
3.10 "OLN"........................................................................................VI-2
4. Maintenance...........................................................................................VI-3
4.1 Maintenance, Testing and Repair..............................................................VI-3
4.2 Specifics and Procedures for Maintenance.....................................................VI-3
5.1 Description of Local Exchange Services Available for Resale..................................VI-3
5.2 List of Services Available for Resale........................................................VI-3
5.3 Rates........................................................................................VI-3
5.4 Grandfathered Services.......................................................................VI-4
5.5 Access.......................................................................................VI-4
5.6 Operator Services (OS) and Directory Assistance (DA).........................................VI-4
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ARTICLE VII
UNBUNDLED NETWORK ELEMENTS...........................................................................VII-1
1. General..............................................................................................VII-1
2. Unbundled Network Elements...........................................................................VII-1
2.1 Categories..................................................................................VII-1
2.2 Prices......................................................................................VII-1
2.3 Interconnection to Unbundled Elements.......................................................VII-1
2.4 Service Quality.............................................................................VII-2
3. Network Interface Device.............................................................................VII-2
3.1 Direct Connection...........................................................................VII-2
3.2 NID to NID Connection.......................................................................VII-2
3.3 Removal of Cable Pairs......................................................................VII-2
3.4 Maintenance.................................................................................VII-3
4. Loop Elements........................................................................................VII-3
4.1 Service Description.........................................................................VII-3
4.2 Categories of Loops.........................................................................VII-3
4.3 Conditioned Loops...........................................................................VII-3
4.4 Features, Functions, Attributes.............................................................VII-4
4.5 Digital Loop Carrier........................................................................VII-4
4.6 Unbundled Loop Facility Certification.......................................................VII-4
4.7 Unbundled Loop Facility Notification........................................................VII-5
4.8 Subloops....................................................................................VII-5
5. Port and Local Switching Elements....................................................................VII-5
5.1 Port........................................................................................VII-5
5.2 Ports Available as Unbundled Network Elements...............................................VII-5
5.3 Port Prices.................................................................................VII-6
5.4 ............................................................................................VII-6
Local Switching......................................................................................VII-6
5.5 Compliance with Section.....................................................................VII-6
6. Transport Facility...................................................................................VII-6
6.1 Service Description.........................................................................VII-6
6.2 Categories/Types............................................................................VII-6
7. SS7 Transport and Signaling..........................................................................VII-6
7.1 ............................................................................................VII-6
8. LIDB Services........................................................................................VII-6
9. Database 800-Type Services...........................................................................VII-7
10. Data Switching.......................................................................................VII-7
10.1 Access......................................................................................VII-7
10.2 Nondiscrimination...........................................................................VII-7
10.3 Testing, Monitoring, Administration and Maintenance.........................................VII-7
11. Digital Cross Connect System (DCS)...................................................................VII-7
11.1 Access......................................................................................VII-7
11.2 Optional Characteristics....................................................................VII-7
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11.3 Alternate Provisioning......................................................................VII-7
11.4 Elements....................................................................................VII-7
11.5 Capabilities................................................................................VII-7
11.6 Protection and Performance..................................................................VII-7
11.7 Provisioning, Administration and Maintenance................................................VII-7
12. Operator Services (OS) and Directory Assistance (DA).................................................VII-8
12.1 Customized Routing..........................................................................VII-8
13. Advanced Intelligent Network Access (AIN)............................................................VII-8
14. Nondiscrimination Provision and Support..............................................................VII-9
15. Provisioning Intervals...............................................................................VII-9
16. Directory Assistance Listing.........................................................................VII-9
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE
ARRANGEMENTS........................................................................................VIII-1
1. Bona Fide Request Process...........................................................................VIII-1
1.1 Intent.....................................................................................VIII-1
1.2 Process....................................................................................VIII-1
2. Transfer of Service Announcements...................................................................VIII-1
3. Misdirected Calls...................................................................................VIII-1
3.1 ...........................................................................................VIII-2
3.2 ...........................................................................................VIII-2
4. 911/E911 Arrangements...............................................................................VIII-2
4.1 Description of Service.....................................................................VIII-2
4.2 Transport..................................................................................VIII-2
4.3 Cooperation and Level of Performance.......................................................VIII-2
4.4 Basic 911 and E911 General Requirements....................................................VIII-2
4.5 Compensation...............................................................................VIII-6
5. Information Services Traffic........................................................................VIII-6
5.1 Routing....................................................................................VIII-6
5.2 Billing and Collection and Information Service Provider (ISP) Remuneration.................VIII-6
5.3 900-976 Call Blocking......................................................................VIII-7
5.4 Miscellaneous..............................................................................VIII-7
6. Telephone Relay Service.............................................................................VIII-7
7. Directory Assistance (DA) and Operator Services (OS)................................................VIII-7
7.1 Directory Assistance Calls.................................................................VIII-7
7.2 Operator Services Calls....................................................................VIII-7
8. Directory Assistance Listings Information...........................................................VIII-8
8.1 ...........................................................................................VIII-8
8.2 ...........................................................................................VIII-8
8.3 ...........................................................................................VIII-8
9. Directory Listings and Directory Xxxxxxxxxxxx.......................................................XXXX-0
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00. Busy Line Verification and Busy Line Verification Interrupt.........................................VIII-8
11. SAG.................................................................................................VIII-9
12. Dialing Format Changes..............................................................................VIII-9
13. Operational Support Systems (OSS)...................................................................VIII-9
ARTICLE IX
COLLOCATION...........................................................................................IX-1
1. Physical Collocation..................................................................................IX-1
1.1 Space Planning...............................................................................IX-1
1.2 Connection to Customer Loops and Ports.......................................................IX-1
1.3 Connection to Other Collocated Carriers......................................................IX-1
1.4 Choice of Vendor.............................................................................IX-1
1.5 Monitoring...................................................................................IX-2
1.6 Phone Service................................................................................IX-2
1.7 Intraoffice Diversity........................................................................IX-2
1.8 DTI Proprietary Information..................................................................IX-2
1.9 Notification of Modifications................................................................IX-2
1.10 Drawings.....................................................................................IX-2
1.11 Construction of Space........................................................................IX-2
1.12 Connection Equipment.........................................................................IX-3
1.13 Access to DTI Collocation Space..............................................................IX-3
2. Virtual Collocation...................................................................................IX-4
2.1 Existing Virtual Collocation.................................................................IX-4
2.2 Conversion from Physical to Virtual..........................................................IX-4
2.3 Vendors......................................................................................IX-4
2.4 Inspection...................................................................................IX-4
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY.....................................................X-1
APPENDIX A
GTE PERFORMANCE MEASURES (PM)..........................................................................A-1
APPENDIX B
SERVICE MATRIX.........................................................................................B-1
APPENDIX C
INTERCONNECTION, TELECOMMUNICATIONS SERVICES AND
FACILITIES AGREEMENT...................................................................................C-1
APPENDIX D
RATES AND CHARGES FOR TRANSPORT AND TERMINATION
OF TRAFFIC.............................................................................................D-1
APPENDIX E
RATES AND CHARGES FOR LOCAL NUMBER PORTABILITY USING RCF...............................................E-1
APPENDIX F
SERVICES AVAILABLE FOR RESALE..........................................................................F-1
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APPENDIX G
PRICES FOR UNBUNDLED ELEMENTS..........................................................................G-1
APPENDIX H
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS............................................................H-1
APPENDIX I
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE................................................I-1
APPENDIX J
SS7 SERVICES...........................................................................................J-1
APPENDIX K
POLE ATTACHMENT AGREEMENT..............................................................................K-1
APPENDIX L
CONDUIT OCCUPANCY AGREEMENT............................................................................L-1
APPENDIX M
RECIPROCAL COMPENSATION FOR CALL TERMINATION...........................................................M-1
APPENDIX 46A
GTE TERMS..............................................................................................N-1
APPENDIX 46B
OTHERCLEC TERMS........................................................................................O-1
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This Interconnection, Resale and Unbundling Agreement (the "Agreement"), is made
effective as of ____________, 199_, by and between GTE Southwest
Incorporated/GTE Midwest Incorporated/GTE Arkansas Incorporated, with its
address for purposes of this Agreement at 000 Xxxxxx Xxxxx Xxxxx, Xxxxxx, Xxxxx
00000 ("GTE"), and Digital Teleport, Inc., in its capacity as a certified
provider of local dial-tone service ("DTI"), with its address for this Agreement
at 00000 Xxxxxxx Xxxx, Xx. Xxxxx, Xxxxxxxx 00000 (GTE and DTI being referred to
collectively as the "Parties" and individually as a "Party"). This Agreement
covers services in the State of Arkansas only (the "State").
WHEREAS, interconnection between competing Local Exchange Carriers ("LECs") is
necessary and desirable for the mutual exchange and termination of traffic
originating on each LEC's network; and
WHEREAS, the Parties desire to exchange such traffic and related signaling in a
technically and economically efficient manner at defined and mutually agreed
upon interconnection points; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their
respective telecommunications networks on terms that are fair and equitable to
both Parties; and
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act") imposes
specific obligations on LECs with respect to the interconnection of their
networks, resale of their telecommunications services, access to their poles,
ducts, conduits and rights-of-way and, in certain cases, the offering of certain
unbundled network elements and physical collocation of equipment in LEC
premises;
WHEREAS, GTE is entering, under protest, into certain aspects of this Agreement
that incorporate adverse results from the arbitrated agreements approved or
which may be approved by the Commission in this state and is doing so in order
to avoid the expense of arbitration while at the same time preserving its legal
positions, rights and remedies.
NOW, THEREFORE, in consideration of the mutual provisions contained herein and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, GTE and DTI hereby covenant and agree as follows:
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ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one
another within each area in which they both operate within the State for
purposes of interconnection and the exchange of traffic between their respective
end user customers, and reciprocal access to poles, ducts, conduits and
rights-of-way. This Agreement also governs the purchase by DTI of certain
telecommunications services provided by GTE in its franchise areas for resale by
DTI, the purchase by DTI of certain unbundled network elements from GTE, and the
terms and conditions of the collocation of certain equipment of DTI in the
premises of GTE. This Agreement is an integrated package that reflects a
balancing of interests critical to the Parties. This Agreement will be submitted
to the Arkansas Public Service Commission ("the Commission") for approval. The
Parties agree that their entrance into this Agreement is without prejudice to
and does not waive any positions they may have taken previously, or may take in
the future, in any legislative, regulatory, judicial or other public forum
addressing any matters, including matters related to the same types of
arrangements and/or matters related to GTE's cost recovery covered in this
Agreement. DTI agrees to negotiate reciprocal terms and conditions with GTE
based on this Agreement. GTE's execution of this Agreement is not a concession
or waiver in any manner concerning its position that certain of the rates, terms
and conditions contained herein are unlawful, illegal and improper.
The services and facilities to be provided to DTI by GTE in satisfaction of this
Agreement may be provided pursuant to GTE tariffs and then current practices.
Should such services and facilities be modified by tariff or by Order, including
any modifications resulting from other Commission proceedings, federal court
review or other judicial action, such modifications will be deemed to
automatically supersede any rates and terms and conditions of this Agreement.
GTE will provide notification to DTI before such a tariff becomes effective, and
DTI may provide input on such proposed tariff. The Parties shall cooperate with
one another for the purpose of incorporating required modifications into this
Agreement.
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ARTICLE II
DEFINITIONS
1. General Definitions. Except as otherwise specified herein, the
following definitions shall apply to all Articles and Appendices
contained in this Agreement. Additional definitions that are specific
to the matters covered in a particular Article may appear in that
Article. To the extent that there may be any conflict between a
definition set forth in this Article II and any definition in a
specific Article or Appendix, the definition set forth in the specific
Article or Appendix shall control with respect to that Article or
Appendix.
1.1 "ACCESS SERVICE REQUEST" (ASR) means an industry standard form
used by the Parties to add, establish, change or disconnect
services or trunks for the purposes of Interconnection.
1.2 "ACT" means the Telecommunications Act of 1996, Public Law
104-104 of the 000xx Xxxxxx Xxxxxx Congress effective February
8, 1996.
1.3 "AFFILIATE" of a Party means a person, corporation or other
legal entity that, directly or indirectly, owns or controls a
Party, or is owned or controlled by, or is under common
ownership or control with a Party.
1.4 "AMA" means the Automated Message Accounting structure
inherent in switch technology that initially records
telecommunication message information. AMA format is contained
in the Automated Message Accounting document, published by
Bellcore as GR-1100-CORE which defines the industry standard
for message recording.
1.5 "APPLICABLE LAW" shall mean all laws, statutes, common law,
regulations, ordinances, codes, rules, guidelines, orders,
permits, and approvals of any Governmental Authority, which
apply or relate to the subject matter of this Agreement.
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM
(ALI/DMS)" means the emergency services (E911/911) database
containing customer location information (including name,
address, telephone number, and sometimes special information
from the local service provider) used to process subscriber
access records into Automatic Location Identification (ALI)
records. From this database, records are forwarded to GTE's
ALI Gateway for downloading by local ALI database systems to
be available for retrieval in response to ANI from a 9-1-1
call. Also, from this database, GTE will upload to its
selective routers the selective router ALI (SR/ALI) which is
used to determine to which Public Safety Answering Point
("PSAP") to route the call.
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI" refers to the
number transmitted through the network identifying the calling
party.
1.8 "BELLCORE" means an organization owned jointly by the Xxxx
regional holding companies and that may in the future be owned
partially or totally by other persons, that conducts research
and development projects for its owners, including development
of new telecommunications services. Bellcore also provides
certain centralized technical and management services for the
regional holding companies and also provides generic
requirements for the telecommunications industry for products,
services and technologies.
1.9 "XXXX-AND-KEEP ARRANGEMENT" means a compensation arrangement
whereby the Parties do not render bills to each other for the
termination of local traffic specified in this Agreement and
whereby the Parties terminate local exchange traffic
originating from end-
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users served by the networks of the other Party without
explicit charging among or between said carriers for such
traffic exchange.
1.10 "BONA FIDE REQUEST (BFR)" process is intended to be used when
requesting customized Service Orders for certain services,
features, capabilities or functionality defined and agreed
upon by the Parties as services to be ordered as Bona Fide
Requests.
1.11 "BUSINESS DAY" shall mean Monday through Friday, except for
holidays on which the U.S. mail is not delivered.
1.12 "CENTRAL OFFICE SWITCH" means a switch used to provide
telecommunications services including (I) "End Office
Switches" which are Class 5 switches from which end user
Exchange Services are directly connected and offered, and (ii)
"Tandem Office Switches" which are Class 4 switches which are
used to connect and switch trunk circuits between and among
central office switches. Central office switches may be
employed as combination end office/tandem office switches
(combination Class 5/Class 4).
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS) means the
billing record and clearing house transport system that the
Regional Xxxx Operating Companies ("RBOCs") and other
incumbent LECs use to efficiently exchange out collects and in
collects as well as Carrier Access Billing System ("CABS")
records.
1.14 "CLLI CODES" means Common Language Location Identifier Codes.
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS) means a radio
communication service between mobile stations or receivers and
land stations, or by mobile stations communicating among
themselves that is provided for profit and that makes
interconnected service available to the public or to such
classes of eligible users as to be effectively available to a
substantial portion of the public.
1.16 "COMMISSION" means the Arkansas Public Service Commission.
1.17 "COMMON CHANNEL SIGNALING" OR "CCS" means a high-speed
specialized packet-switched communications network that is
separate (out-of-band) from the public packet-switched and
message networks. CCS carries addressed signaling messages for
individual trunk circuits and/or database-related services
between Signaling Points in the CCS network using SS7
signaling protocol.
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC) means any company
or person authorized to provide local exchange services in
competition with an ILEC.
1.19 "COMPLIANCE" means environmental and safety laws and
regulations are based upon a federal regulatory framework,
with certain responsibilities delegated to the States. An
environmental/safety compliance program may include review of
applicable laws/regulations, development of written
procedures, training of employees and auditing.
1.20 "CUSTOMER" may mean GTE or DTI depending on the context and
which Party is receiving the service from the other Party.
1.21 "CUSTOMER USAGE DATA" means that the local telecommunications
services usage data of a CLEC customer, measured in minutes,
sub-minute increments, message units, or otherwise, that is
recorded and exchanged by the Parties.
1.22 "DS-1" is a digital signal rate of 1.544 Mbps.
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1.23 "DS-3" is a digital signal rate of 44.736 Mbps.
1.24 "ELECTRONIC FILE TRANSFER" refers to a system or process which
utilizes an electronic format and protocol to send/receive
data files.
1.25 "EMR" means the Exchange Message Record which is an industry
standard record used to exchange telecommunications message
information among CLECs for billable, nonbillable, sample,
settlement and study data. EMR format is defined in
BR-010-200-010 XXXX Exchange Message Record, published by
Bellcore and which defines the industry standard for exchange
message records.
1.26 "E-911 SERVICE" is a method of routing 911 calls to a Public
Service Answering Point that uses a customer location database
to determine the location to which a call should be routed.
E-9-1-1 service includes the forwarding of the caller's
Automatic Number Identification (ANI) to the PSAP where the
ANI is used to retrieve and display the Automatic Location
Identification (ALI) on a terminal screen at the answering
Attendant's position. It usually includes selective routing.
1.27 "EXCHANGE SERVICE" refers to all basic access line services,
or any other services offered to end users which provide end
users with a telephonic connection to, and a unique telephone
number address on, the public switched telecommunications
network ("PSTN"), and which enable such end users to place or
receive calls to all other stations on the PSTN.
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE" means a service
that provides interconnecting carriers with the capability to
terminate basic fiber optic transmission facilities, including
optical terminating equipment and multiplexers, at GTE's wire
centers and access tandems and interconnect those facilities
with the facilities of GTE. Microwave is available on a
case-by-case basis where feasible.
1.29 "FACILITY" means all buildings, equipment, structures and
other items located on a single site or contiguous or adjacent
sites owned or operated by the same persons or person as used
in Article III, Section 44.
1.30 "FCC" means the Federal Communications Commission.
1.31 "GENERATOR" means under Resource Conservation Recovery Act
(RCRA), the person whose act produces a hazardous waste (40
CFR 261) or whose act first causes a hazardous waste to become
subject to regulation. The generator is legally responsible
for the proper management and disposal of hazardous wastes in
accordance with regulations.
1.32 "GTOC" means GTE Telephone Operating Company.
1.33 "GUIDE" means the GTE Open Market Transition Order/Processing
Guide/ALEC Customer Guide, which contains GTE's operating
procedures for ordering, provisioning, trouble reporting and
repair for resold services and unbundled elements. Except as
specifically provided otherwise in this Agreement, service
ordering, provisioning, billing and maintenance shall be
governed by the "Guide" which may be amended from time to time
by GTE as needed.
1.34 "HAZARDOUS CHEMICAL" means as defined in the U.S. Occupational
Safety and Health (OSHA) hazard communication standard (29 CFR
1910.1200), any chemical which is a health hazard or physical
hazard.
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1.35 "HAZARDOUS WASTE" means as described in Resource Conservation
Recovery Act (RCRA), a solid waste(s) which may cause, or
significantly contribute to an increase in mortality or
illness or pose a substantial hazard to human health or the
environment when improperly treated, stored, transported or
disposed of or otherwise managed because of its quantity,
concentration or physical or chemical characteristics.
1.36 "IMMINENT DANGER" means as described in the Occupational
Safety and Health Act and expanded for environmental matters,
any conditions or practices at a facility which are such that
a danger exists which could reasonably be expected to cause
death or serious harm or significant damage to the environment
or natural resources.
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC) means any local
exchange carrier that was as of February 8,1996, deemed to be
a member of the Exchange Carrier Association as set forth in
47 C.F.R. s.69.601(b) of the FCC's regulations.
1.38 "INTERIM NUMBER PORTABILITY (INP)" means the delivery of LNP
capabilities, from a customer standpoint in terms of call
completion, with as little impairment of functioning, quality,
reliability, and convenience as possible and from a carrier
standpoint in terms of compensation, through the use of
existing and available call routing, forwarding, and
addressing capabilities.
1.39 "INTERCONNECTION POINT" ("IP") means the physical point on the
network where the two parties interconnect. The "IP" is the
demarcation point between ownership of the transmission
facility.
1.40 "ISDN USER PART (ISUP)" means a part of the SS7 protocol that
defines call setup messages and call takedown messages.
1.41 "IXC" OR "INTEREXCHANGE CARRIER" means a telecommunications
service provider authorized by the FCC to provide interstate
long distance communications services between LATAs and are
authorized by the State to provide inter- and/or intraLATA
long distance communications services within the State.
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY" means
the physical connection of separate pieces of equipment,
transmission facilities, etc., within, between and among
networks, for the transmission and routing of exchange service
and exchange access.
1.43 "LATA" means Local Access and Transport Area. A LATA denotes a
geographic area for the provision and administration of
communications service; i.e., intraLATA or interLATA.
1.44 "LINE INFORMATION DATA BASE (LIDB)" means one or all, as the
context may require, of the Line Information databases owned
individually by GTE and other entities which provide, among
other things, calling card validation functionality for
telephone line number cards issued by GTE and other entities.
A LIDB also contains validation data for collect and third
number-billed calls; i.e., Billed Number Screening.
1.45 "LINE SIDE" refers to an end office switch connection that has
been programmed to treat the circuit as a local line connected
to an ordinary telephone station set. Line side connections
offer only those transmission and signaling features
appropriate for a connection between an end office and an
ordinary telephone set.
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC" means any company certified
by the Commission to provide local exchange telecommunications
service. This includes the Parties to this Agreement.
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1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG" means the Bellcore
reference customarily used to identify NPA-NXX routing and
homing information, as well as network element and equipment
designation.
1.48 "LOCAL NUMBER PORTABILITY (LNP)" means the ability of users of
telecommunications services to retain, at the same location,
existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one
telecommunications carrier to another.
1.49 "LOCAL TRAFFIC" means traffic that is originated by an end
user of one Party and terminates to the end user of the other
Party within GTE's then current local serving area, including
mandatory local calling scope arrangements. A mandatory local
calling scope arrangement is an arrangement that provides end
users a local calling scope, Extended Area Service ("EAS"),
beyond their basic exchange serving area. Local Traffic does
not include optional local calling scopes (i.e., optional rate
packages that permit the end user to choose a local calling
scope beyond their basic exchange serving area for an
additional fee), referred to hereafter as "optional EAS."
Local Traffic excludes Information Service Provider ("ISP")
traffic (e.g., Internet, paging, 900-976, etc.).
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME" means the distribution
frame used to interconnect cable pairs and line trunk
equipment terminating on a switching system.
1.51 "MEET-POINT BILLING" OR "MPB" refers to an arrangement whereby
two LECs jointly provide the transport element of a switched
access service to one of the LEC's end office switches, with
each LEC receiving an appropriate share of the transport
element revenues as defined by their effective access tariffs.
1.52 "MECAB" refers to the Multiple Exchange Carrier Access Billing
("MECAB") document prepared by the Billing Committee of the
Ordering and Billing Forum ("OBF"), which functions under the
auspices of the Carrier Liaison Committee ("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, or
by one LEC in two or more states within a single LATA.
1.53 "MECOD" refers to the Multiple Exchange Carriers Ordering and
Design ("MECOD") Guidelines for Access Services - Industry
Support Interface, a document developed by the
Ordering/Provisioning Committee under the auspices of the
Ordering and Billing Forum ("OBF"), which functions under the
auspices of the Carrier Liaison Committee ("CLC") of the
Alliance for Telecommunications Industry Solutions ("ATIS").
The MECOD document, published by Bellcore as Special Report
SR-STS-002643, establish methods for processing orders for
access service which is to be provided by two or more LECs.
1.54 "MID-SPAN FIBER MEET" means an Interconnection architecture
whereby two carriers' fiber transmission facilities meet at a
mutually agreed-upon POI.
1.55 "NANP" means the "North American Numbering Plan", the system
of telephone numbering employed in the United States, Canada,
and the Caribbean countries that employ NPA 809.
1.56 "NETWORK ELEMENT" means a facility or equipment used in the
provision of a telecommunications service. Network Element
includes features, functions, and capabilities that are
provided by means of such facility or equipment, including
subscriber
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numbers, databases, signaling systems, and information
sufficient for billing and collection or used in the
transmission, routing, or other provision of a
telecommunications service.
1.57 "NID" OR "NETWORK INTERFACE DEVICE" means the point of
demarcation between the end user's inside wiring and GTE's
facilities.
1.58 "NUMBERING PLAN AREA" OR "NPA" is also sometimes referred to
as an area code. This is the three digit indicator which is
defined by the "A", "B", and "C" digits of each 10-digit
telephone number within the NANP. Each NPA contains 800
possible NXX Codes. There are two general categories of NPA,
"Geographic NPAs" and "Non-Geographic NPAs". A Geographic NPA
is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with
services provided within that geographic area. A
Non-Geographic NPA, also known as a "Service Access Code" or
"SAC Code" is typically associated with a specialized
telecommunications service which may be provided across
multiple geographic NPA areas. 800, 900, 700, and 888 are
examples of Non-Geographic NPAs.
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE" is the
three digit switch entity indicator which is defined by the
"D", "E", and "F" digits of a 10-digit telephone number within
the NANP. Each NXX Code contains 10,000 station numbers.
1.60 "911 SERVICE" means a universal telephone number which gives
the public direct access to the PSAP. Basic 911 service
collects 911 calls from one or more local exchange switches
that serve a geographic area. The calls are then sent to the
correct authority designated to receive such calls.
1.61 "OWNER AND OPERATOR" means as used in OSHA regulations, owner
is the legal entity, including a lessee, which exercises
control over management and record keeping functions relating
to a building or facility. As used in the Resource
Conservation and Recovery Act (RCRA), operator means the
person responsible for the overall (or part of the) operations
of a facility.
1.62 "POI" means Point of Interconnection designated for routing of
local interconnection trunks.
1.63 "POLE ATTACHMENT" has the meaning as set forth in Article X
and Appendix K of this Agreement.
1.64 "PROVIDER" may mean GTE or DTI depending on the context and
which Party is providing the service to the other Party.
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP" means an answering
location for 9-1-1 calls originating in a given area. A PSAP
may be designated as Primary or Secondary, which refers to the
order in which calls are directed for answering. Primary PSAPs
respond first; Secondary PSAPs receive calls on a transfer
basis only, and generally serve as a centralized answering
location for a particular type of emergency call. PSAPs are
staffed by employees of Emergency Response Agencies ("ERAs")
such as police, fire or emergency medical agencies or by
employees of a common bureau serving a group of such entities.
1.66 "RATE CENTER" means the specific geographic point and
corresponding geographic area that are associated with one or
more particular NPA-NXX Codes that have been assigned to a LEC
for its provision of Exchange Services. The geographic point
is identified by a specific Vertical and Horizontal (V&H)
coordinate that is used to calculate distance-
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sensitive end user traffic to/from the particular NPA-NXXs
associated with the specific Rate Center.
1.67 "RIGHT-OF-WAY" OR "ROW" means the right to use the land or
other property of 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.
1.68 "ROUTING POINT" denotes a location that a LEC has designated
on its network as the homing (routing) point for traffic that
terminates to Exchange Services provided by the LEC that bear
a certain NPA-NXX designation. The Routing Point is used to
calculate airline mileage for the distance-sensitive transport
element charges of Switched Access Services. Pursuant to
Bellcore Practice BR795-100-100, the Routing Point may be an
end office location, or a "LEC Consortium Point of
Interconnection." The Routing Point must be in the same LATA
as the associated NPA-NXX.
1.69 "SERVICE CONTROL POINT" OR "SCP" is the node in the signaling
network to which informational requests for service handling,
such as routing, are directed and processed. The SCP is a real
time database system that, based on a query from the SSP,
performs subscriber or application-specific service logic, and
then sends instructions back to the SSP on how to continue
call processing.
1.70 "SERVICE SWITCHING POINT" OR "SSP" means a Signaling Point
that can launch queries to databases and receive/interpret
responses used to provide specific customer services.
1.71 "SIGNALING POINT" OR "SP" means a node in the CCS network that
originates and/or receives signaling messages, or transfers
signaling messages from one signaling link to another, or
both.
1.72 "SIGNALING SYSTEM 7" OR "SS7" means the signaling protocol,
Version 7, of the CCS network, based upon American National
Standards Institute ("ANSI") standards.
1.73 "SIGNAL TRANSFER POINT" OR "STP" means a packet switch in the
CCS network that is used to route signaling messages among
SSPs, SCPs and other STPs in order to set up calls and to
query databases for advanced services. GTE's network includes
mated pairs of local and regional STPs. STPs are provided in
pairs for redundancy. GTE STPs conform to ANSI T1.111-8
standards.
1.74 "SUBSIDIARY" of a Party means a corporation or other legal
entity that is majority owned by such Party.
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" means synchronous
electrical ("STS") or optical channel ("OC") connections
between LECs.
1.76 "SWITCHED ACCESS SERVICE" means the offering of facilities for
the purpose of the origination or termination of traffic to or
from Exchange Service customers in a given area pursuant to a
switched access tariff. Switched Access Services include:
Feature Group A, Feature Group B. Feature Group C, Feature
Group D, 800 access and 900 access services.
1.77 "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.
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1.78 "THIRD PARTY CONTAMINATION" means environmental pollution that
is not generated by the LEC or DTI but results from off-site
activities impacting a facility.
1.79 "TRUNK SIDE" refers to a central office switch connection that
is capable of, and has been programmed to treat the circuit
as, connecting to another switching entity, for example, to
another central office switch. Trunk side connections offer
those transmission and signaling features appropriate for the
connection of switching entities and cannot be used for the
direct connection of ordinary telephone station sets.
1.80 "UNDEFINED TERMS" means the Parties acknowledge that terms may
appear in this Agreement which are not defined and agree that
any such terms shall be construed in accordance with their
customary usage in the telecommunications industry as of the
effective date of this Agreement.
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES") means
vertical services and switch functionalities provided by GTE,
including: Automatic Call Back; Automatic Recall; Call
Forwarding Busy Line/Don't Answer; Call Forwarding Don't
Answer; Call Forwarding Variable; Call Forwarding - Busy Line;
Call Trace; Call Waiting; Call Number Delivery Blocking Per
Call; Calling Number Blocking Per Line; Cancel Call Waiting;
Distinctive Ringing/Call Waiting; Incoming Call Line
Identification Delivery; Selective Call Forward; Selective
Call Rejection; Speed Calling; and Three Way Calling/Call
Transfer.
1.82 "WIRE CENTER" means a building or space within a building that
serves as an aggregation point on a LEC's network, where
transmission facilities and circuits are connected or
switched. "Wire center" can also denote a building in which
one or more Central Offices, used for the provision of
exchange services and access services, are located.
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ARTICLE III
GENERAL PROVISIONS
1. Scope of General Provisions. Except as may otherwise be set forth in a
particular Article or Appendix of this Agreement, in which case the
provisions of such Article or Appendix shall control, these General
Provisions apply to all Articles and Appendices of this Agreement.
2. Term and Termination.
2.1 Term. Subject to the termination provisions contained in this
Agreement, the term of this Agreement shall be two (2) years
from the effective date referenced in the first paragraph of
this Agreement and shall continue in effect for consecutive
one (1) year terms until either Party gives the other Party at
least ninety (90) calendar days written notice of termination,
which termination shall be effective at the end of the
then-current term. In the event notice is given less than 90
calendar days prior to the end of the current term, this
Agreement shall remain in effect for 90 calendar days after
such notice is received, provided, that in no case shall the
term be extended beyond 90 calendar days after the end of the
current term.
2.2 Post-Termination Arrangements. Except in the case of
termination as a result of either Party's default or a
termination upon sale, for service arrangements made available
under this Agreement and existing at the time of termination,
those arrangements may continue without interruption (a) under
a new agreement voluntarily executed by the Parties; (b)
standard terms and conditions approved and made generally
effective by the Commission, if any; (c) tariff terms and
conditions made generally available to all CLECs; or (d) any
rights under Section 252(I) of the Act.
2.3 Termination Upon Default. Either Party may terminate this
Agreement in whole or in part in the event of a default by the
other Party; provided however, that the non-defaulting Party
notifies the defaulting party in writing of the alleged
default and that the defaulting Party does not cure the
alleged default within sixty (60) calendar days of receipt of
written notice thereof. Default is defined to include:
(a) A Party's insolvency or the initiation of bankruptcy or
receivership proceedings by or against the Party; or
(b) A Party's refusal or failure in any material respect properly
to perform its obligations under this Agreement, or the
violation any of the material terms or conditions of this
Agreement.
2.4 Termination Upon Sale. Notwithstanding anything to the
contrary contained herein, a Party may terminate this
Agreement as to a specific operating area or portion thereof
of such Party if such Party sells or otherwise transfers the
area or portion thereof. The Party shall provide the other
Party with at least ninety (90) calendar days' prior written
notice of such termination, which shall be effective on the
date specified in the notice. Notwithstanding termination of
this Agreement as to a specific operating area, this Agreement
shall remain in full force and effect in the remaining
operating areas.
2.5 Liability upon Termination. Termination of this Agreement, or
any part hereof, for any cause shall not release either Party
from any liability which at the time of termination had
already accrued to the other Party or which thereafter accrues
in any respect to any act or omission occurring prior to the
termination or from an obligation which is expressly stated in
this Agreement to survive termination.
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3. Amendments. Any amendment, modification, or supplement to this
Agreement must be in writing and signed by an authorized representative
of each Party. The term "this Agreement" shall include future
amendments, modifications, and supplements.
4. Assignment. Any assignment by either Party of any right, obligation, or
duty, in whole or in part, or of any interest, without the written
consent of the other Party shall be void, except that either Party may
assign all of its rights, and delegate its obligations, liabilities and
duties under this Agreement, either in whole or in part, to any entity
that is, or that was immediately preceding such assignment, a
Subsidiary or Affiliate of that Party without consent, but with written
notification. The effectiveness of an assignment shall be conditioned
upon the assignee's written assumption of the rights, obligations, and
duties of the assigning Party.
5. Authority. Each person whose signature appears on this Agreement
represents and warrants that he or she has authority to bind the Party
on whose behalf he or she has executed this Agreement.
6. Responsibility for Payment. All charges for Services provided under
this Agreement will be billed to DTI, including all applicable taxes
and surcharges. In addition, the End User Common Line (EUCL) Charge
from GTOC Tariff FCC No. 1 is applicable to Resold Services. DTI is
responsible for payment of charges billed regardless of any billing
arrangements or situation between DTI and its end user customer.
7. Billing and Payment. Except as provided elsewhere in this Agreement and
where applicable, in conformance with MECAB and MECOD guidelines, DTI
and GTE agree to exchange all information to accurately, reliably, and
properly xxxx for features, functions and services rendered under this
Agreement.
7.1 Dispute. If one Party disputes a billing statement issued by
the other Party, the billed Party shall notify Provider in
writing regarding the nature and the basis of the dispute
within six (6) months of the statement date or the dispute
shall be waived. The Parties shall diligently work toward
resolution of all billing issues.
7.2 Late Payment Charge. If any undisputed amount due on the
billing statement is not received by Provider on the payment
due date, Provider may charge, and Customer agrees to pay, at
Provider's option, interest on the past due balance at a rate
equal to the lesser of the interest rates set forth in the
applicable GTE/Contel state access tariffs or the GTOC/GSTC
FCC No. 1 tariff, one and one-half percent (1 1/2%) per month
or the maximum nonusurious rate of interest under applicable
law. Late payment charges shall be included on the next
statement.
7.3 Due Date. Payment is due 30 calendar days from the xxxx date.
7.4 Audits. Either Party may conduct an audit of the other Party's
books and records pertaining to the Services provided under
this Agreement, no more frequently than once per twelve (12)
month period, to evaluate the other Party's accuracy of
billing, data and invoicing in accordance with this Agreement.
Any audit shall be performed as follows: (I) following at
least thirty (30) Business Days' prior written notice to the
audited Party; (ii) subject to the reasonable scheduling
requirements and limitations of the audited Party; (iii) at
the auditing Party's sole cost and expense; (iv) of a
reasonable scope and duration; (v) in a manner so as not to
interfere with the audited Party's business operations; and
(vi) in compliance with the audited Party's security rules.
8. Binding Effect. This Agreement shall be binding on and inure to the
benefit of the respective successors and permitted assigns of the
Parties.
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9. Capacity Planning and Forecasting. Within thirty (30) days from the
Effective Date of this Agreement, the Parties agree to have met and
developed joint planning and forecasting responsibilities which are
applicable to Local Services, including Features, Network Elements,
INP, Interconnection Services, Collocation, Poles, Conduits and Rights
of Way (ROW). Such responsibilities shall include but are not limited
to the following:
(a) The Parties will establish periodic reviews of network and
technology plans and will notify one another no later than six (6)
months in advance of changes that would impact either Party's provision
of services.
(b) DTI will furnish to GTE information that provides for state-wide
annual forecasts of order activity, in-service quantity forecasts, and
facility/demand forecasts.
(c) The Parties will develop joint forecasting responsibilities for
traffic utilization over trunk groups and yearly forecasted trunk
quantities.
(d) DTI shall notify GTE promptly of changes to current forecasts
(increase or decrease) that generate a shift in the demand curve for
the following forecasting period.
10. Compliance with Laws and Regulations. Each Party shall comply with all
federal, state, and local statutes, regulations, rules, ordinances,
judicial decisions, and administrative rulings applicable to its
performance under this Agreement.
11. Confidential Information.
11.1 Identification. Either Party may disclose to the other
proprietary or confidential customer, technical, or business
information in written, graphic, oral or other tangible or
intangible forms ("Confidential Information"). In order for
information to be considered Confidential Information under
this Agreement, it must be marked "Confidential" or
"Proprietary," or bear a marking of similar import. Orally or
visually disclosed information shall be deemed Confidential
Information only if contemporaneously identified as such and
reduced to writing and delivered to the other Party with a
statement or marking of confidentially within thirty (30)
calendar days after oral or visual disclosure.
Notwithstanding the foregoing, preorders and all orders for Services or
network elements placed by DTI pursuant to this Agreement, and
information that would constitute customer proprietary network
information of DTI end user customers pursuant to the Act and the rules
and regulations of the FCC, as well as recorded usage information with
respect to DTI end users, whether disclosed by DTI to GTE or otherwise
acquired by GTE in the course of its performance under this Agreement,
and where GTE is the NANP Number Plan Administrator, DTI information
submitted to GTE in connection with such responsibilities shall be
deemed Confidential Information of DTI for all purposes under this
Agreement whether or not specifically marked or designated as
confidential or proprietary.
11.2 Handling. In order to protect such Confidential Information
from improper disclosure, each Party agrees:
(a) That all Confidential Information shall be and shall remain
the exclusive property of the source;
(b) To limit access to such Confidential Information to authorized
employees who have a need to know the Confidential Information
for performance of this Agreement;
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(c) To keep such Confidential Information confidential and to use
the same level of care to prevent disclosure or unauthorized
use of the received Confidential Information as it exercises
in protecting its own Confidential Information of a similar
nature;
(d) Not to copy, publish, or disclose such Confidential
Information to others or authorize anyone else to copy,
publish, or disclose such Confidential Information to others
without the prior written approval of the source;
(e) To return promptly any copies of such Confidential
Information to the source at its request; and
(f) To use such Confidential Information only for purposes of
fulfilling work or services performed hereunder and for other
purposes only upon such terms as may be agreed upon between
the Parties in writing.
11.3 Exceptions. These obligations shall not apply to any
Confidential Information that was legally in the recipient's
possession prior to receipt from the source, was received in
good faith from a Third Party not subject to a confidential
obligation to the source, now is or later becomes publicly
known through no breach of confidential obligation by the
recipient, was developed by the recipient without the
developing persons having access to any of the Confidential
Information received in confidence from the source, or that is
required to be disclosed pursuant to subpoena or other process
issued by a court or administrative agency having appropriate
jurisdiction, provided, however, that the recipient shall give
prior notice to the source and shall reasonably cooperate if
the source deems it necessary to seek protective arrangements.
11.4 Survival. The obligation of confidentiality and use with
respect to Confidential Information disclosed by one Party to
the other shall survive any termination of this Agreement for
a period of three (3) years from the date of the initial
disclosure of the Confidential Information.
12. Consent. Where consent, approval, or mutual agreement is required of a
Party, it shall not be unreasonably withheld or delayed.
13. Cooperation on Fraud Minimization. DTI assumes responsibility for all
fraud associated with its end user customers and accounts. GTE shall
have no responsibility for, nor is it required to investigate or make
adjustments to DTI's account in cases of fraud. The Parties agree that
they shall cooperate with one another to resolve cases of fraud. The
Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to
the other.
14. Dispute Resolution.
14.1 Alternative to Litigation. Except as provided under Section
252 of the Act with respect to the approval of this Agreement
by the Commission, the Parties desire to resolve disputes
arising out of or relating to this Agreement without
litigation. Accordingly, except for action seeking a temporary
restraining order or an injunction related to the purposes of
this Agreement, or suit to compel compliance with this dispute
resolution process, the Parties agree to use the following
alternative dispute resolution procedures as their sole remedy
with respect to any controversy or claim arising out of or
relating to this Agreement or its breach.
14.2 Negotiations. At the written request of a Party, each Party
will appoint a knowledgeable, responsible representative to
meet and negotiate in good faith to resolve any dispute
arising out of or relating to this Agreement. The Parties
intend that these negotiations be
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conducted by non-lawyer, business representatives. The
location, format, frequency, duration, and conclusion of these
discussions shall be left to the discretion of the
representatives. Upon agreement, the representatives may
utilize other alternative dispute resolution procedures such
as mediation to assist in the negotiations. Discussions and
correspondence among the representatives for purposes of these
negotiations shall be treated as confidential information
developed for purposes of settlement, exempt from discovery,
and shall not be admissible in the arbitration described below
or in any lawsuit without the concurrence of all Parties.
Documents identified in or provided with such communications,
which are not prepared for purposes of the negotiations, are
not so exempted and may, if otherwise discoverable, be
discovered or otherwise admissible, be admitted in evidence,
in the arbitration or lawsuit.
14.3 Arbitration. If the negotiations do not resolve the dispute
within sixty (60) Business Days of the initial written
request, the dispute shall be submitted to binding arbitration
by a single arbitrator pursuant to the Commercial Arbitration
Rules of the American Arbitration Association except that the
Parties may select an arbitrator outside American Arbitration
Association rules upon mutual agreement. A Party may demand
such arbitration in accordance with the procedures set out in
those rules. Discovery shall be controlled by the arbitrator
and shall be permitted to the extent set out in this section.
Each Party may submit in writing to a Party, and that Party
shall so respond to, a maximum of any combination of
thirty-five (35) (none of which may have subparts) of the
following: interrogatories, demands to produce documents, or
requests for admission. Each Party is also entitled to take
the oral deposition of one individual of another Party.
Additional discovery may be permitted upon mutual agreement of
the Parties. The arbitration hearing shall be commenced within
sixty (60) Business Days of the demand for arbitration. The
arbitration shall be held in a mutually agreeable city. The
arbitrator shall control the scheduling so as to process the
matter expeditiously. The Parties may submit written briefs.
The arbitrator shall rule on the dispute by issuing a written
opinion within thirty (30) Business Days after the close of
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. Judgment upon the award rendered by
the arbitrator may be entered in any court having
jurisdiction.
14.4 Expedited Arbitration Procedures. If the issue to be resolved
through the negotiations referenced in Section 14.2 directly
and materially affects service to either Party's end user
customers, then the period of resolution of the dispute
through negotiations before the dispute is to be submitted to
binding arbitration shall be five (5) Business Days. Once such
a service affecting dispute is submitted to arbitration, the
arbitration shall be conducted pursuant to the expedited
procedures rules of the Commercial Arbitration Rules of the
American Arbitration Association (i.e., rules 53 through 57).
14.5 Costs. Each Party shall bear its own costs of these
procedures. A Party seeking discovery shall reimburse the
responding Party the costs of production of documents
(including search time and reproduction costs). The Parties
shall equally split the fees of the arbitration and the
arbitrator.
14.6 Continuous Service. The Parties shall continue providing
services to each other during the pendency of any dispute
resolution procedure, and the Parties shall continue to
perform their obligations (including making payments in
accordance with Article IV, Section 4) in accordance with this
Agreement.
15. Entire Agreement. This Agreement constitutes the entire agreement of
the Parties pertaining to the subject matter of this Agreement and
supersedes all prior agreements, negotiations, proposals, and
representations, whether written or oral, and all contemporaneous oral
agreements, negotiations, proposals, and representations concerning
such subject matter. No
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representations, understandings, agreements, or warranties, expressed
or implied, have been made or relied upon in the making of this
Agreement other than those specifically set forth herein.
16. Expenses. Except as specifically set out in this Agreement, each Party
shall be solely responsible for its own expenses involved in all
activities related to the subject of this Agreement.
17. Force Majeure. In the event performance of this Agreement, or any
obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, earthquake or
likes acts of God, wars, revolution, civil commotion, explosion, acts
of public enemy, embargo, acts of the government in its sovereign
capacity, labor difficulties, including without limitation, strikes,
slowdowns, picketing, or boycotts, unavailability of equipment from
vendor, changes requested by Customer, or any other circumstances
beyond the reasonable control and without the fault or negligence of
the Party affected, the Party affected, upon giving prompt notice to
the other Party, shall be excused from such performance on a day-to-day
basis to the extent of such prevention, restriction, or interference
(and the other Party shall likewise be excused from performance of its
obligations on a day-to-day basis until the delay, restriction or
interference has ceased); provided however, that the Party so affected
shall use diligent efforts to avoid or remove such causes of
nonperformance and both Parties shall proceed whenever such causes are
removed or cease.
18. Good Faith Performance. In the performance of their obligations under
this Agreement, the Parties shall act in good faith. In situations in
which notice, consent, approval or similar action by a Party is
permitted or required by any provision of this Agreement, such action
shall not be unreasonably delayed, withheld or conditioned.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the domestic laws of the state where the Services are
provided or the facilities reside and shall be subject to the exclusive
jurisdiction of the courts therein.
20. Standard Practices. The Parties acknowledge that GTE shall be adopting
some industry standard approaches and/or establishing its own standard
approaches to various requirements hereunder applicable to DTI industry
which may be added in the Guide. DTI agrees that GTE may implement such
approaches to satisfy any GTE obligations under this Agreement. A copy
is attached hereto as Appendix A and is incorporated by reference into
this Agreement.
21. Headings. The headings in this Agreement are inserted for convenience
and identification only and shall not be considered in the
interpretation of this Agreement.
22. Independent Contractor Relationship. The persons provided by each
Party shall be solely that Party's employees and shall be under the
sole and exclusive direction and control of that Party. They shall not
be considered employees of the other Party for any purpose. Each Party
shall remain an independent contractor with respect to the other and
shall be responsible for compliance with all laws, rules and
regulations involving, but not limited to, employment of labor, hours
of labor, health and safety, working conditions and payment of wages.
Each Party shall also be responsible for payment of taxes, including
federal, state and municipal taxes, chargeable or assessed with respect
to its employees, such as Social Security, unemployment, workers'
compensation, disability insurance, and federal and state withholding.
Each Party shall indemnify the other for any loss, damage, liability,
claim, demand, or penalty that may be sustained by reason of its
failure to comply with this provision.
23. Law Enforcement Interface.
23.1 Except to the extent not available in connection with GTE's
operation of its own business, GTE shall provide seven day a
week/twenty-four hour a day assistance to law enforcement
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persons for emergency traps, assistance involving emergency
traces and emergency information retrieval on customer invoked
CLASS services, including, without limitation, call traces
requested by DTI.
23.2 GTE agrees to work jointly with DTI in security matters to
support law enforcement agency requirements for taps, traces,
court orders, etc. Charges for providing such services for DTI
Customers will be billed to DTI.
23.3 GTE will, in non emergency situations, inform the requesting
law enforcement agencies that the end-user to be wire tapped,
traced, etc. is a DTI Customer and shall refer them to DTI.
24. Liability and Indemnity.
24.1 Indemnification. Subject to the limitations set forth in
Section 24.4 of this Article III, each Party agrees to
release, indemnify, defend, and hold harmless the other Party
from all losses, claims, demands, damages, expenses, suits, or
other actions, or any liability whatsoever, including, but not
limited to, costs and attorney's fees, whether suffered, made,
instituted, or asserted by any other party or person, for
invasion of privacy, personal injury to or death of any person
or persons, or for losses, damages, or destruction of
property, whether or not owned by others, proximately caused
by the indemnifying Party's negligence or willful misconduct,
regardless of form of action. The indemnified Party agrees to
notify the other Party promptly, in writing, of any written
claims, lawsuits, or demands for which it is claimed that the
indemnifying Party is responsible under this Section and to
cooperate in every reasonable way to facilitate defense or
settlement of claims. The indemnifying Party shall have
complete control over defense of the case and over the terms
of any proposed settlement or compromise thereof. The
indemnifying Party shall not be liable under this Section for
settlement by the indemnified Party or any claim, lawsuit, or
demand, if the indemnifying Party has not approved the
settlement in advance, unless the indemnifying Party has had
the defense of the claim, lawsuit, or demand tendered to it in
writing and has failed to assume such defense. In the event of
such failure to assume defense, the indemnifying Party shall
be liable for any reasonable settlement made by the
indemnified Party without approval of the indemnifying Party.
24.2 End User and Content-Related Claims. Each Party agrees to
release, indemnify, defend, and hold harmless the other Party,
its affiliates, and any third-party provider or operator of
facilities involved in the provision of Services, Unbundled
Network Elements or Facilities under this Agreement
(collectively, the "Indemnified Party") from all losses,
claims, demands, damages, expenses, suits, or other actions,
or any liability whatsoever, including, but not limited to,
costs and attorney's fees, suffered, made, instituted, or
asserted by either Party's end users against an Indemnified
Party arising from Services, Unbundled Network Elements or
Facilities. Each Party further agrees to release, indemnify,
defend, and hold harmless the Indemnified Party from all
losses, claims, demands, damages, expenses, suits, or other
actions, or any liability whatsoever, including, but not
limited to, costs and attorney's fees, suffered, made,
instituted, or asserted by any Third Party against an
Indemnified Party arising from or in any way related to actual
or alleged defamation, libel, slander, interference with or
misappropriation of proprietary or creative right, or any
other injury to any person or property arising out of content
transmitted by the Indemnified Party or such Party's end
users, or any other act or omission of the Indemnified Party
or such Party's end users.
24.3 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY
IN THIS AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES TO CUSTOMER CONCERNING THE SPECIFIC QUALITY OF ANY
SERVICES, UNBUNDLED NETWORK ELEMENTS OR FACILITIES PROVIDED
UNDER THIS
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AGREEMENT. PROVIDER DISCLAIMS, WITHOUT LIMITATION, ANY
WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING, OR FROM USAGES OF TRADE.
24.4 Limitation of Liability. Each Party's liability, whether in
contract, tort or otherwise, shall be limited to direct
damages, which shall not exceed the monthly charges for the
Services, Unbundled Network Elements or facilities for the
month during which the claim of liability arose. Under no
circumstance shall either Party be responsible or liable for
indirect, incidental, or consequential damages, including, but
not limited to, economic loss or lost business or profits,
damages arising from the use or performance of equipment or
software, or the loss of use of software or equipment, or
accessories attached thereto, delay, error, or loss of data.
Should either Party provide advice, make recommendations, or
supply other analysis related to the Services, unbundled
network elements or facilities described in this Agreement,
this limitation of liability shall apply to provision of such
advice, recommendations, and analysis.
24.5 Intellectual Property. Neither Party shall have any obligation
to defend, indemnify or hold harmless, or acquire any license
or right for the benefit of, or owe any other obligation or
have any liability to, the other based on or arising from any
claim, demand, or proceeding by any Third Party alleging or
asserting that the use of any circuit, apparatus, or system,
or the use of any software, or the performance of any service
or method, or the provision or use of any facilities by either
Party under this Agreement constitutes direct or contributory
infringement, or misuse or misappropriation of any patent,
copyright, trademark, trade secret, or any other proprietary
or intellectual property right of any Third Party.
25. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of
which shall together constitute but one and the same document.
26. No Offer. This Agreement will be effective only upon execution and
delivery by both Parties and approval by the Commission in accordance
with Section 252 of the Act.
27. No Third Party Beneficiaries. Except as may be specifically set forth
in this Agreement, this Agreement does not provide and shall not be
construed to provide third parties with any remedy, claim, liability,
reimbursement, cause of action, or other right or privilege.
28. Notices. Any notice to a Party required or permitted under this
Agreement shall be in writing and shall be deemed to have been received
on the date of service if served personally, on the date receipt is
acknowledged in writing by the recipient if delivered by regular U.S.
mail, or on the date stated on the receipt if delivered by certified or
registered mail or by a courier service that obtains a written receipt.
Upon prior immediate oral agreement of the parties' designated
recipients identified below, notice may also be provided by facsimile,
internet or electronic messaging system, which shall be effective if
sent before 5:00 p.m. on that day, or if sent after 5:00 p.m. it will
be effective on the next Business Day following the date sent. Any
notice shall be delivered using one of the alternatives mentioned in
this section and shall be directed to the applicable address indicated
below or such address as the Party to be notified has designated by
giving notice in compliance with this section:
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If to GTE: GTE Central
Attention: State Director, External Affairs
0000 XXX Xxxxx
Xxxxxxxx "X"
Xxxxxxxxxx, Xxxxxxxx 00000
Facsimile number: (000) 000-0000
Internet Address:
If to DTI: Digital Teleport, Inc.
Attention: X.X. Xxxxxx, Vice President, I.C. Support
00000 Xxxxxxx Xxxx
Xx. Xxxxx, Xxxxxxxx 00000
Facsimile number: (000) 000-0000
Internet Address:
29. Protection.
29.1 Impairment of Service. 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 interfere
with or impair service over any facilities of the other Party,
its affiliated companies, or its connecting and concurring
carriers involved in its services, cause damage to their
plant, violate any applicable law or regulation regarding the
invasion of privacy of any communications carried over the
Party's facilities or create hazards to the employees of
either Party or to the public (each hereinafter referred to as
an "Impairment of Service").
29.2 Resolution. If either Party causes an Impairment in Service,
the Party whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Party causing the
Impairment of Service (the "Impairing Party") of the nature
and location of the problem and that, unless promptly
rectified, a temporary discontinuance of the use of any
circuit, facility or equipment may be required. The Impairing
Party and the Impaired Party agree to work together to attempt
to promptly resolve the Impairment of Service. If the
Impairing Party is unable to promptly remedy the Impairment of
Service, then the Impaired Party may at its option temporarily
discontinue the use of the affected circuit, facility or
equipment.
30. Publicity. Any news release, public announcement, advertising, or any
form of publicity pertaining to this Agreement, provision of Services,
Unbundled Network Elements or Facilities pursuant to it, or association
of the Parties with respect to provision of the services described in
this Agreement shall be subject to prior written approval of both GTE
and DTI.
31. Regulatory Agency Control. This Agreement shall at all times be subject
to changes, modifications, orders, and rulings by the Federal
Communications Commission and/or the applicable state regulatory
commission to the extent the substance of this Agreement is or becomes
subject to the jurisdiction of such agency.
32. Changes in Legal Requirements. GTE and DTI further agree that the terms
and conditions of this Agreement were composed in order to effectuate
the legal requirements in effect at the time the Agreement was
produced. Any modifications to those requirements will be deemed to
automatically supersede any terms and conditions of this Agreement.
33. Effective Date. If this Agreement or changes or modifications thereto
are subject to approval of a regulatory agency, the "effective date" of
this Agreement for such purposes will be ten (10) Business Days after
such approval or in the event this Agreement is developed in whole or
in part through arbitration, sixty (60) Business Days after such
approval. Such date (i.e., ten (10) or, if
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arbitrated, sixty (60) Business Days after the approval) shall become
the "effective date" of this Agreement for all purposes.
34. Regulatory Matters. Each Party shall be responsible for obtaining and
keeping in effect all their own FCC, state regulatory commission,
franchise authority and other regulatory approvals that may be required
in connection with the performance of its obligations under this
Agreement.
35. Rule of Construction. No rule of construction requiring interpretation
against the drafting party hereof shall apply in the interpretation of
this Agreement.
36. Section References. Except as otherwise specified, references within an
Article of this Agreement to a Section refer to Sections within that
same Article.
37. Service Standards.
37.1 The Parties shall meet applicable quality of local service
standards imposed by the Commission and will provide a level
of services to each other under this Agreement in compliance
with the nondiscrimination requirements of the Act.
37.2 GTE and DTI agree to implement the performance measures
defined in Appendix A.
37.3 The Parties will alert each other to any network events that
can result or have resulted in service interruption, blocked
calls, and/or changes in network performance.
38. Severability. If any provision of this Agreement is held by a court
or regulatory agency of competent jurisdiction to be unenforceable, the
rest of the Agreement shall remain in full force and effect and shall
not be affected unless removal of that provision results, in the
opinion of either Party, in a material change to this Agreement. If a
material change as described in this paragraph occurs as a result of
action by a court or regulatory agency, the Parties shall negotiate in
good faith for replacement language. If replacement language cannot be
agreed upon within a reasonable period, either Party may terminate this
Agreement without penalty or liability for such termination upon
written notice to the other Party.
39. Subcontractors. Provider may enter into subcontracts with third parties
or affiliates for the performance of any of Provider's duties or
obligations under this Agreement.
40. Subsequent Law. The terms and conditions of this Agreement shall be
subject to any and all applicable laws, rules, or regulations that
subsequently may be prescribed by any federal, state or local
governmental authority. To the extent required by any such subsequently
prescribed law, rule, or regulation, the Parties agree to modify, in
writing, the affected term(s) and condition(s) of this Agreement to
bring them into compliance with such law, rule, or regulation.
41. Taxes. Any 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. The
collecting Party shall charge and collect from the obligated Party, and
the obligated Party agrees to pay to the collecting Party, all
applicable taxes, except to the extent that the obligated Party
notifies the collecting Party and provides to the collecting Party
appropriate documentation as GTE requires that qualifies the obligated
Party for a full or partial exemption. Any such taxes shall be shown as
separate items on applicable billing documents between the Parties. The
obligated Party 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 collecting Party
shall cooperate in any such contest by the other Party. The other Party
will
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indemnify the collecting Party from any sales or use taxes that may be
subsequently levied on payments by the other Party by the collecting
Party.
41.1 Tax - A charge which is statutorily imposed by the state or
local jurisdiction and is either (a) imposed on the seller
with the seller having the right or responsibility to pass the
charge(s) on to the purchaser and the seller is responsible
for remitting the charge(s) to the state or local jurisdiction
or (b) imposed on the purchaser with the seller having an
obligation to collect the charge(s) from the purchaser and
remit the charge(s) to the state or local jurisdiction.
Taxes shall include but not be limited to: federal excise tax,
state/local sales and use tax, state/local utility user tax,
state/local telecommunication excise tax, state/local gross receipts
tax, and local school taxes. Taxes shall not include income,
income-like, gross receipts on the revenue of a provider, or property
taxes. Taxes shall not include payroll withholding taxes unless
specifically required by statute or ordinance.
41.2 Fees/Regulatory Surcharges - A charge imposed by a regulatory
authority, other agency, or resulting from a contractual
obligation, in which the seller is responsible or required to
collect the fee/surcharge from the purchaser and the seller is
responsible for remitting the charge to the regulatory
authority, other agency, or contracting party.
Fees/Regulatory Surcharges shall include but not be limited to
E911/911, E311/311, franchise fees, Lifeline, hearing impaired, and
Commission surcharges.
42. Trademarks and Trade Names. Except as specifically set out in this
Agreement, nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service marks, or
trade names of the other for any purpose whatsoever.
43. Waiver. The failure of either Party to insist upon the performance of
any provision of this Agreement, or to exercise any right or privilege
granted to it under this Agreement, shall not be construed as a waiver
of such provision or any provisions of this Agreement, and the same
shall continue in full force and effect.
44. Environmental Responsibility.
44.1 GTE and DTI agree to comply with applicable federal, state and
local environmental and safety laws and regulations including
U.S. Environmental Protection Agency (EPA) regulations issued
under the Clean Air Act, Clean Water Act, Resource
Conservation and Recovery Act, Comprehensive Environmental
Response, Compensation and Liability Act, Superfund Amendments
and Reauthorization Act and the Toxic Substances Control Act
and OSHA regulations issued under the Occupational Safety and
Health Act of 1970. Each Party has the responsibility to
notify the other if Compliance inspections occur and/or
citations are issued that impact any aspect of this Agreement
such as occurring on a LEC Facility or involving DTI potential
employee exposure.
44.2 GTE and DTI shall provide notice of known and recognized
physical hazards or hazardous chemicals that must include
providing Material Safety Data Sheets (MSDSs) for materials
existing on site or brought on site to the Facility. Each
Party is required to provide specific notice for potential
imminent danger conditions which could include, but is not
limited to, a defective utility pole or significant petroleum
contamination in a manhole.
44.3 GTE will make available additional environmental control or
safety procedures for DTI to review and follow when working at
a GTE Facility. Providing these procedures, beyond government
regulatory Compliance requirements, is the decision of GTE.
These
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practices/procedures will represent the regular work practices
required to be followed by the employees and contractors of
GTE for safety and environmental protection.
44.4 Any materials brought, used or remaining at the Facility by
DTI are owned by DTI. DTI will indemnify GTE for these
materials. No substantial new safety or environmental hazards
can be created or new hazardous materials can be used at a GTE
Facility. DTI must demonstrate adequate emergency response
capabilities for its materials used or remaining at the GTE
Facility.
44.5 When Third Party contamination is discovered at a GTE
Facility, the Party uncovering the condition must notify the
proper safety or environmental authority, if required under
applicable laws or regulations. DTI must also notify GTE of
Third Party contamination it discovers at GTE facilities. The
cost xxxxxx (requiring access) will become the generator, as
owner or operator, of any waste materials such as petroleum
contaminated water, sewage or manhole sediment.
Notwithstanding Section 24 and Section 44.9 of this Article
III, the cost xxxxxx (requiring access) shall indemnify the
other Party hereunder.
44.6 DTI should obtain and use its own environmental permits, if
necessary. If GTE's permit or EPA identification number must
be used, DTI must comply with all of GTE's environmental
processes including environmental "best management practices
(BMP)" and/or selection of disposition vendors and disposal
sites.
44.7 DTI visitors must comply with GTE security, fire safety,
safety, environmental and building practices/codes including
equivalent employee training when working in GTE facilities.
44.8 GTE and DTI shall coordinate plans or information required to
be submitted to government agencies, such as emergency
response plans and community reporting. If fees are associated
with filing, GTE and DTI must develop a cost sharing
procedure.
44.9 Notwithstanding Section 23, with respect to environmental
responsibility under this Section 44, GTE and DTI shall
indemnify, defend and hold harmless the other party from and
against any claims (including, without limitation, Third Party
claims for personal injury or real or personal property
damage), judgments, damages (including direct and indirect
damage, and punitive damages), penalties, fines, forfeitures,
cost, liabilities, interest and losses proximately caused by
the indemnifying Party's negligent or willful misconduct
regardless of form, or in connection with the violation or
alleged violation of any applicable requirement with respect
to the presence or alleged presence of contamination arising
out of the indemnifying party's acts or omissions concerning
its operations at the Facility.
44.10 Activities impacting safety or the environment of a Right of
Way must be harmonized with the specific agreement and the
relationship between GTE and the private land owner. This
could include limitations on equipment access due to
environmental conditions (e.g., wetland area with equipment
restrictions).
45. TBD Prices. Numerous provisions in this Agreement and its Attachments
refer to pricing principles. If a provision references prices in an
Attachment and there are no corresponding prices in such Attachment,
such price shall be considered "To Be Determined" (TBD). With respect
to all TBD prices, prior to DTI ordering any such TBD item, the Parties
shall meet and confer to establish a price. If the Parties are unable
to reach agreement on a price for such item, an interim price shall be
set for such item that is equal to the price for the nearest analogous
item for which a price has been established (for example, if there is
not an established price for a nonrecurring charge (NRC) for a specific
network element, the Parties would use the NRC for the most analogous
retail service for which there is an established price). Any interim
prices so set shall be subject to modification by any subsequent
decision of the Commission. If an interim price is different from the
rate subsequently established by the Commission, any underpayment
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shall be paid by DTI to GTE, and any overpayment shall be refunded by
GTE to DTI, within 45 Business Days after the establishment of the
price by the Commission.
46. Amendment of Certain Rates, Terms and Conditions. The Parties agree as
follows with respect to modification of the rates, terms and conditions
initially provided for herein:
The rates, terms and conditions that are specified in Appendix 00X (xxx
"XXX Xxxxx") may be replaced by the rates, terms and conditions from
the GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the
"OtherCLEC Agreement"), respectively, that are specified in Appendix
46B (the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes
effective after approval by order of the Commission in Case No.____.The
rates, terms and conditions that are specified in Appendix 46B (the
OtherCLEC Terms) shall not take effect for purposes of this Agreement
until thirty (30) days following GTE's receipt of written notice of
DTI's election to replace the specified GTE Terms with the specified
OtherCLEC Terms, which notice may be given no earlier than the date the
OtherCLEC Agreement is approved by the Commission and effective. GTE
and DTI agree that if the OtherCLEC Terms are deemed to be unlawful, or
are stayed, enjoined or otherwise modified, in whole or in part, by a
court or commission of competent jurisdiction, then this Agreement
shall be deemed to have been amended accordingly, by modification of
the OtherCLEC Terms or, as appropriate, the substitution of GTE Terms
for all stayed or enjoined OtherCLEC Terms, and such amendment shall be
effective retroactive to the Effective Date of the OtherCLEC Terms.
GTE and DTI further agree that the terms and conditions of this
Agreement reflect certain requirements of the FCC's First Report and
Order in CC Docket No. 96-98. The terms and conditions of this
Agreement shall be subject to any and all actions by any court or other
governmental authority that invalidate, stay, vacate or otherwise
modify the FCC's First Report and Order, in whole or in part
("subsequent action"). To the extent warranted by any such subsequent
action, the Parties agree that this Agreement shall be deemed to have
been modified accordingly as in the first paragraph of this Section 46.
The Parties agree to immediately apply any effected terms and
conditions, including any in other sections and articles of this
Agreement consistent with such subsequent action, and within a
reasonable time incorporate such modified terms and conditions in
writing into this Agreement. If the OtherCLEC Terms are affected by
such subsequent action and GTE determines they cannot be consistently
applied therewith, the GTE Terms shall apply. DTI acknowledges that GTE
may seek to enforce such subsequent action before a commission or court
of competent jurisdiction. GTE does not waive any position regarding
the illegality or inappropriateness of the FCC's First Report and
Order.
The rates, terms and conditions (including rates which may be
applicable under true-up) specified in both the GTE Terms and the
OtherCLEC Terms are further subject to amendment, retroactive to the
Effective Date of the Agreement, to provide for charges or rate
adjustments resulting from future Commission or other proceedings,
including but not limited to any generic proceeding to determine GTE's
unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's
end user surcharge)), the establishment of a competitively neutral
universal service system, or any appeal or other litigation.
If the Commission (or any other commission or federal or state court)
in reviewing this Agreement pursuant to applicable state or federal
laws, including Section 252(e) of the Telecommunications Act of 1996,
deletes or modifies in any way this Section 46, then the Parties agree
that they will reopen negotiations within ten (10) days after receipt
of the final decision making such deletion or modification in order to
attempt to craft the new provision that will provide substantially the
same protections to GTE and DTI as this Section 46. If the Parties
cannot reach agreement on such a provision within twenty (20) calendar
days thereafter, the Parties agree that this entire Agreement is void
and will not become effective, and DTI agrees to withdraw this
Agreement from consideration by the Commission (or any other commission
or federal or state court). In such
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35
event, each Party shall have 25 days following the close of the 20-day
negotiation period within which to file a petition for arbitration
before the Commission under Section 252(e) of the Telecommunications
Act of 1996 of the issues that remain in dispute under this paragra
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ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS
1. General. General regulations, terms and conditions governing rate
applications, technical parameters, service availability, definitions
and feature interactions, as described in the appropriate GTE
intrastate local, toll and access tariffs, apply to retail services
made available by GTE to DTI for resale and unbundled network elements
provided by GTE to DTI, when appropriate, unless otherwise specified in
this Agreement. As applied to services or network elements offered
under this Agreement, the term "Customer" contained in the GTE Retail
Tariff shall be deemed to mean "DTI" as defined in this Agreement.
2. Liability of GTE.
2.1 Inapplicability of Tariff Liability. GTE's general liability,
as described in the GTE Retail Tariff, does not extend to
DTI's customers or any other Third Party. Liability of GTE to
DTI resulting from any and all causes arising out of services,
facilities, network elements or any other items relating to
this Agreement shall be governed by the liability provisions
contained in this Agreement and no other liability whatsoever
shall attach to GTE. GTE shall be liable for the individual
services, facilities or elements that it separately provides
to DTI and shall not be liable for the integration of
components combined by DTI.
2.2 DTI Tariffs or Contracts. DTI shall, in its tariffs or other
contracts for services provided to its end users using
services, facilities or network elements obtained from GTE,
provide that in no case shall GTE be liable to DTI's end users
or any third parties for any indirect, special or
consequential damages, including, but not limited to, economic
loss or lost business or profits, whether foreseeable or not,
and regardless of notification by DTI of the possibility of
such damages and DTI shall indemnify and hold GTE harmless
from any and all claims, demands, causes of action and
liabilities based on any reason whatsoever from its customers
as provided in this Agreement. Nothing in this Agreement shall
be deemed to create a third party beneficiary relationship
with DTI's end users.
2.3 No Liability for Errors. GTE is not liable for mistakes that
appear in GTE's listings, 911 and other information databases,
or for incorrect referrals of end users to DTI for any ongoing
DTI service, sales or repair inquiries, and with respect to
such mistakes or incorrect referrals, DTI shall indemnify and
hold GTE harmless from any and all claims, demands, causes of
action and liabilities whatsoever, including costs, expenses
and reasonable attorney's fees incurred on account thereof, by
third parties, including DTI's end users or employees. For
purposes of this Section 2.3, mistakes and incorrect referrals
shall not include matters arising out of the willful
misconduct of GTE or its employees or agents.
3. Unauthorized Changes.
3.1 Procedures. If DTI submits an order for resold services or
unbundled elements under this Agreement in order to provide
service to an end user that at the time the order is submitted
is obtaining its local services from GTE or another LEC using
GTE resold services or unbundled elements, and the end user
notifies GTE that the end user did not authorize DTI to
provide local exchange services to the end user, DTI must
provide GTE with written documentation of authorization from
that end user within thirty (30) Business Days of notification
by GTE. If DTI cannot provide written documentation of
authorization within such time frame, DTI must within three
(3) Business Days thereafter:
(a) notify GTE to change the end user back to the LEC providing
service to the end user before the change to DTI was made; and
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(b) provide any end user information and billing records DTI has
obtained relating to the end user to the LEC previously
serving the end user; and
(c) notify the end user and GTE that the change back to the
previous LEC has been made.
Furthermore, GTE will xxxx DTI fifty dollars ($50.00) per affected line
to compensate GTE for switching the end user back to the original LEC.
3.2 Option to Restrict Changes Without Evidence of Authorization.
DTI's or GTE's end users may request GTE to permit changes of
their provider of local exchange services only upon end user
written notification to GTE that the end user wishes to change
the end user's provider of local exchange services. In such a
situation, GTE will not change an end user's provider of local
exchange services without such written notification.
4. Impact of Payment of Charges on Service. DTI is solely responsible
for the payment of all charges for all services, facilities and
elements furnished under this Agreement, including, but not limited to,
calls originated or accepted at its or its end users' service
locations. If DTI fails to pay when due any and all charges billed to
DTI under this Agreement, including any late payment charges
(collectively, "Unpaid Charges"), and any or all such charges remain
unpaid more than forty-five (45) Business Days after the due date of
such Unpaid Charges excepting previously disputed charges for which DTI
may withhold payment, GTE shall notify DTI in writing that it must pay
all Unpaid Charges to GTE within seven (7) Business Days. If DTI
disputes the billed charges, it shall, within said seven (7) day
period, inform GTE in writing of which portion of the Unpaid Charges it
disputes, including the specific details and reasons for the dispute,
unless such reasons have been previously provided, and shall
immediately pay to GTE all undisputed charges. If DTI and GTE are
unable, within thirty (30) Business Days thereafter, to resolve issues
related to the disputed charges, then either DTI or GTE may file a
request for arbitration under Article III of this Agreement to resolve
those issues. Upon resolution of any dispute hereunder, if DTI owes
payment it shall make such payment to GTE with any late payment charge
under Article III, Section 7.2, from the original payment due date. If
DTI owes no payment, but has previously paid GTE such disputed payment,
then GTE shall credit such payment including any late payment charges.
If DTI fails to pay any undisputed Unpaid Charges, DTI shall, at its
sole expense, within five (5) Business Days notify its end users that
their service may be disconnected for DTI's failure to pay Unpaid
Charges, and that its end users must select a new provider of local
exchange services. If DTI fails to provide such notification or any of
DTI's end users fail to select a new provider of services within the
applicable time period, GTE will provide local exchange services to
DTI's end users under GTE's applicable end user tariff at the then
current charges for the services being provided. In this circumstance,
otherwise applicable service establishment charges will not apply to
DTI's end user, but will be assessed to DTI. GTE may discontinue
service to DTI upon failure to pay undisputed charges as provided in
this Section 4, and shall have no liability to DTI or DTI's end users
in the event of such disconnection.
5. Unlawful Use of Service. Services, facilities or unbundled elements
provided by GTE pursuant to this Agreement shall not be used by DTI or
its end users for any purpose in violation of law. DTI, and not GTE,
shall be responsible to ensure that DTI and its end users use of
services, facilities or unbundled elements provided hereunder comply at
all times with all applicable laws. GTE may refuse to furnish service
to DTI or disconnect particular services, facilities or unbundled
elements provided under this Agreement to DTI or, as appropriate, DTI's
end user when (i) an order is issued by a court of competent
jurisdiction finding that probable cause exists to believe that the use
made or to be made of the service, facilities or unbundled elements is
prohibited by law or (ii) GTE is notified in writing by a law
enforcement agency acting within its jurisdiction that any facility
furnished by GTE is being used or will be used for the purpose of
transmitting or receiving gambling information in interstate or foreign
commerce in violation of law. Termination of service shall take place
after reasonable notice is provided to DTI, or as ordered by the court.
If facilities have been physically disconnected by law enforcement
officials at the premises where
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located, and if there is not presented to GTE the written finding of a
court, then upon request of DTI and agreement to pay restoral of
service charges and other applicable service charges, GTE shall
promptly restore such service.
6. Timing of Messages. With respect to GTE resold measured rate local
service(s), chargeable time begins when a connection is established
between the calling station and the called station. Chargeable time
ends when the calling station "hangs up," thereby releasing the network
connection. If the called station "hangs up" but the calling station
does not, chargeable time ends when the network connection is released
by automatic timing equipment in the network. Timing of messages
applicable to GTE's Port and Local Switching element (usage sensitive
services) will be recorded based on originating and terminating access.
7. Procedures For Preordering, Ordering, Provisioning, Etc. Certain
procedures for preordering, ordering, provisioning, maintenance and
billing and electronic interfaces for many of these functions are
described in Appendix I. All costs and expenses for any new or modified
electronic interfaces DTI requires that GTE determines are technically
feasible and GTE agrees to develop will be paid by DTI pursuant to
Appendix I. The schedule for implementation of any new or modified
electronic interfaces will be developed by GTE according to industry
standards and will be based upon the amount of work needed to design,
test and implement the new or modified interface.
8. Customer Contacts. Except as otherwise provided in this Agreement or
as agreed to in a separate writing by DTI, DTI shall provide the
exclusive interface with DTI's end user customers in connection with
the marketing or offering of DTI services. Except as otherwise provided
in this Agreement, in those instances in which GTE personnel are
required pursuant to this Agreement to interface directly with DTI's
end users, such personnel shall not identify themselves as representing
GTE. All forms, business cards or other business materials furnished by
GTE to DTI end users shall bear no corporate name, logo, trademark or
trade name other than DTI's. In no event shall GTE personnel acting on
behalf of DTI pursuant to this Agreement provide information to DTI end
users about GTE products or services.
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ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
1. Services Covered by This Article.
1.1 Types of Services. This Article governs the provision of
internetwork facilities (i.e., physical interconnection
services and facilities), meet point billing by GTE to DTI or
by DTI to GTE and the transport and termination and billing of
Local, IntraLATA Toll, optional EAS traffic and jointly
provided Interexchange Carrier Access between GTE and DTI. The
services and facilities described in this Article shall be
referred to in this Article V as the "Services."
1.2 Service Locations for Interconnection Services and Facilities.
Appendix B, Service Matrix, attached to this Agreement and
made a part hereof, sets forth the Services and each location
in the State where a Service shall be provided (the "Service
Locations") and the Interconnection Point ("IP") for such
Services.
1.3 Additional Services or Service Locations. If, during the term
of this Agreement, the parties determine that additional
services are needed in the State, or existing Services will be
offered in new locations in the State, the Parties shall
execute an amendment to this Agreement substantially in the
form of Appendix C attached to this Agreement and made a part
hereof, incorporating the additional locations and/or any
additional terms necessary for the additional services. Upon
the effective date of the amendment, and continuing through
the remaining term of this Agreement, the new services shall
be deemed part of the Services provided pursuant to this
Article and/or the new locations shall be deemed part of the
Service Locations.
2. Billing and Rates.
2.1 Rates and Charges. Customer agrees to pay to Provider the
rates and charges for the Services set forth in the applicable
appendices to this Agreement. GTE's rates and charges are set
forth in Appendix D attached to this Agreement and made a part
hereof. DTI's separate rates and charges are also set forth in
Appendix D attached hereto and made a part hereof.
2.2 Billing. Provider shall render to Customer a xxxx for
interconnection services on a current basis. Charges for
physical facilities and other nonusage sensitive charges shall
be billed in advance, except for charges and credits
associated with the initial or final bills. Usage sensitive
charges, such as charges for termination of Local Traffic,
shall be billed in arrears. DTI is required to order trunks
pursuant to Section 4.3.3 of this Article. Charges for traffic
that has been routed over a jurisdictionally inappropriate
trunk group (e.g., local traffic carried over trunks used for
Switched Access Traffic) may be adjusted to reflect the
appropriate compensation arrangement and may be handled as a
post-billing adjustment to bills rendered. Additional matters
relating to billing are included in Appendix I attached to
this Agreement and made a part hereof.
3. Transport and Termination of Traffic.
3.1 Traffic to be Exchanged. The Parties shall reciprocally
terminate Local, IntraLATA Toll, optional EAS and jointly
provided Interexchange Carrier Traffic originating on each
other's networks utilizing either Direct or Indirect Network
Interconnections as provided in Section 4 or Section 5 herein.
To this end, the Parties agree that there will be
interoperability between their networks. The Parties agree to
exchange traffic associated with Third-Party LECs, CLECs and
Wireless Service Providers pursuant to the compensation
arrangement specified in Section 3.3 herein. Only traffic
originated by or terminating to the Parties' end
V-1
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user customers is to be exchanged. In addition, the Parties
will notify each other of any anticipated change in traffic to
be exchanged (e.g., traffic type, volume).
3.2 Compensation For Exchange Of Traffic.
3.2.1 Mutual Compensation. The Parties shall compensate
each other for the exchange of Local Traffic in
accordance with Section 3.2.2 of this Article. The
Parties will develop an initial factor representative
of the share of traffic exempt from local
compensation. This factor will be updated quarterly
in like manner or as the Parties otherwise agree.
Once the traffic that is exempt from local
compensation can be measured, the actual exempt
traffic will be used rather than the above factor.
Charges for the transport and termination of
intraLATA toll and interexchange traffic shall be in
accordance with the Parties' respective intrastate or
interstate access tariffs, as appropriate.
3.2.2 Xxxx-and-Keep. The Parties shall assume that Local
Traffic is roughly balanced between the parties
unless traffic studies indicate otherwise.
Accordingly, the Parties agree to use a Xxxx-and-Keep
Arrangement with respect to termination of Local
Traffic only. Either Party may request that a traffic
study be performed no more frequently than once a
quarter. Should such traffic study indicate, in the
aggregate, that either Party is terminating more than
60 percent of the Parties' total terminated minutes
for Local Traffic, either Party may notify the other
that mutual compensation will commence pursuant to
the rates set forth in Appendix D of this Agreement
and following such notice it shall begin
and continue for the duration of the Term of this
Agreement unless otherwise agreed. To account for ISP
traffic, the Parties will negotiate an initial
factor(s) representative of the proportionate share
of traffic exempt from local compensation. This
factor will be updated quarterly in a like manner or
as the Parties otherwise agree. Once the traffic that
is exempt from local compensation can be measured,
the actual exempt traffic will be used rather than
the above factor. Nothing in this Section 3.2.2 shall
be interpreted to (i) change compensation set forth
in this Agreement for traffic or services other than
Local Traffic, including but not limited to
internetwork facilities, access traffic or wireless
traffic, or (ii) allow either Party to aggregate
traffic other than Local Traffic for the purpose of
compensation under the Xxxx-and-Keep Arrangement
described in this Section 3.2.2, except as set forth
in Section 3.1 above.
3.2.3 Sharing of Access Charges on Calls to Ported
Numbers. Until permanent number portability is
implemented, the Parties agree that switched access
termination to a ported number will be billed by the
party providing interim number portability and that
the party billing the switched access will share the
switched access revenue with the other party. After
permanent number portability is implemented, the
Parties agree to renegotiate sharing of access
charges to ported numbers in accordance with
permanent number portability requirements. In lieu
of actual measurements of minutes and/exchange of
billing records for this traffic the Parties agree
that the Party providing the ported number will pay
the other Party the rate per line/per month as
specified in Appendix E.
(a) The number of lines/talk paths per ported
number that are subject to compensation will
be determined at the time the end user
customer's local service is changed from one
party to the other. The number of lines per
number eligible for the shared revenue
arrangement described in this section will
be limited to the number of lines in service
on the date of conversion plus a 10% growth
margin. After conversion the number of lines
per number available for compensation can
only be increased by mutual consent of the
parties.
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(b) The Parties agree that the compensation rate
in paragraph 3.3.3 may change as a result of
changes in access rates, traffic volume or
for other reasons and agree to renegotiate
the rate if a significant event occurs. At a
minimum, the parties agree to reevaluate the
rate on an annual basis.
(c) The Parties agree that terminating switched
access calls ported via interim number
portability may appear to the receiving
party to be a local call and that the
implementation of reciprocal compensation
for terminating local calls may result in
overcompensation for ported switched access
calls. Therefore, the Parties agree to
renegotiate the terminating shared access
compensation rate if reciprocal compensation
for local calls is implemented.
3.3 Tandem Switching Traffic. The Parties will provide tandem
switching for traffic between the Parties' end offices
subtending each other's access tandem, as well as for traffic
between either Party's end users and any Third Party which is
interconnected to the other Party's access tandems as follows:
3.3.1 The originating Party will compensate the tandem
Party for each minute of originated tandem switched
traffic which terminates to Third Party (e.g., other
CLEC, ILEC, or wireless service provider). The
applicable rate for this charge is identified in
Appendix D.
3.3.2 The originating Party also assumes responsibility for
compensation to the company which terminates the
call.
3.4 Inter-Tandem Switching. The Parties will only use inter-tandem
switching for the transport and termination of local/EAS or
intraLATA toll traffic originating on each other's network at
and after such time as either (I) DTI has agreed to and fully
implemented an existing intraLATA toll compensation mechanism
such as IntraLATA Terminating Access Compensation (ITAC) or a
functional equivalent thereof or (ii) generally accepted
industry signaling standards and AMA record standards support
the recognition of multiple tandem switching events.
4. Direct Network Interconnection.
4.1 Network Interconnection Architecture. DTI may interconnect
with GTE at any of the minimum technically feasible points
required by the FCC. Interconnection at additional points will
be reviewed on an individual case basis. Where the Parties
mutually agree following a Bona Fide Request to directly
interconnect their respective networks, interconnection will
be as specified in the following subsections. The "IPs" shall
be set forth in Appendix B attached to this Agreement and made
a part hereof. Based on the configuration, the installation
timeline will vary considerably, however, GTE will work with
DTI in all circumstances to install "IPs" within 120 calendar
days absent extenuating circumstances. Internetwork connection
and protocol must be based on industry standards developed
consistent with Section 256 of the Telecommunications Act of
1996.
4.1.1 Subject to mutual agreement, the Parties may use the
following types of network facility interconnection,
using such interface media as are (I) appropriate to
support the type of interconnection requested and
(ii) available at the facility at which
interconnection is requested. For each "IP" set forth
in Appendix B, the Parties shall specify the type of
interconnection used at that "IP."
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(a) A Mid-Span Fiber Meet within an existing GTE
exchange area whereby the Parties mutually
agree to jointly plan and engineer their
facility "IP" at a designated manhole or
junction location. The "IP" is the
demarcation between ownership of the fiber
transmission facility. Each party is
individually responsible for its incurred
costs in establishing this arrangement.
(b) A Virtual or Physical EIS arrangement at a
GTE wire center subject to the rates, terms,
and conditions contained in GTE's applicable
tariffs.
(c) A Special Access arrangement and/or Switched
Transport terminating at a GTE wire center
subject to the rates, terms, and conditions
contained in GTE's applicable tariffs. These
facilities will meet the standards set forth
in such tariffs.
4.1.2 Virtual and Physical EIS arrangements are governed by
appropriate GTE tariffs, except as provided in
Article IX, Section 1.3.
4.1.3 The Parties will mutually designate at least one POI
on GTE's network within each GTE local calling area
for the routing of Local Traffic. Recording and
billing of traffic routed over these facilities shall
be as provided in Section 3.4 of this Article.
4.2 Compensation. The Parties agree to the following compensation
for internetwork facilities, depending on facility type.
4.2.1 Mid-Span Fiber Meet: GTE will charge special access
(flat rated) transport from the applicable intrastate
access tariff and will rate charges between the "IP"
and GTE's interconnection switch. Charges will be
reduced to reflect the proportionate share of the
facility that is used for transport of traffic
originated by GTE. DTI will charge flat rated
transport to GTE for DTI facilities used by GTE at
their tariffed rates or as mutually agreed, not to
exceed GTE rates. DTI will apply charges based on the
lesser of; (i) the airline mileage from the "IP" to
the DTI switch; or (ii) the airline mileage from the
GTE switch to the serving area boundary.
4.2.2 Collocation: GTE will charge Virtual or Physical EIS
rates from the applicable GTE tariff. DTI will charge
GTE flat rated transport at their tariffed rates or
as mutually agreed, not to exceed GTE rates, to
reflect the proportionate share of the facility that
is used for transport of traffic originated by GTE.
DTI will apply charges based on the lesser of; (l)
the airline mileage from the "IP" to the DTI switch;
or (ii) two (2) times the airline mileage from the
GTE switch to the serving area boundary.
4.2.3 Special Access and/or Switched Access: GTE will
charge special access and/or switched access rates
from the applicable GTE intrastate access tariff.
Charges will be reduced to reflect the proportionate
share of the facility that is used for transport of
traffic originated by GTE. The Parties will negotiate
an initial factor representative of the proportionate
share of the facilities. This factor will be updated
quarterly in like manner or as the Parties otherwise
agree.
4.3 Trunking Requirements.
4.3.1 The Parties agree to establish trunk groups of
sufficient capacity from the interconnecting
facilities such that trunking is available to any
switching center designated by either Party,
including end offices, tandems, 911 routing switches,
and directory assistance/operator service switches.
The Parties will mutually agree where one-way or
two-way trunking will be available. The Parties may
use two-way
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trunks for delivery of local traffic or either Party
may elect to provision its own one-way trunks for
delivery of local traffic to the other Party. If a
Party elects to provision its own one-way trunks,
that Party will be responsible for its own expenses
associated with the trunks.
4.3.2 DTI shall make available to GTE trunks over which GTE
shall terminate to end users of DTI-provided Exchange
Services, Local Traffic and intraLATA toll or
optional EAS traffic originated from end users of
GTE-provided Exchange Service.
4.3.3 DTI and GTE shall, where applicable, make
reciprocally available, by mutual agreement, the
required trunk groups to handle different traffic
types. DTI and GTE will support the provisioning of
trunk groups that carry combined or separate Local
Traffic and intraLATA toll and optional EAS traffic.
GTE requires separate trunk groups from DTI to
originate and terminate interLATA calls and to
provide Switched Access Service to IXCs. To the
extent DTI desires to have any Interexchange Carriers
(IC) originate or terminate traffic to DTI, DTI will
arrange for such IC to issue an ASR to GTE
instructing GTE to route such traffic over the
appropriate IC trunk group. Until GTE receives and
processes such ASR, the traffic will not be routed.
4.3.3.1 Each Party agrees to route traffic only
over the proper jurisdictional trunk
group.
4.3.3.2 Each Party shall only deliver traffic over
the local interconnection trunk groups to
the other Party's access tandem for those
publicly-dialable NXX Codes served by end
offices that directly subtend the access
tandem or to those wireless service
providers that directly subtend the access
tandem.
4.3.3.3 Neither party shall route Switched Access
Service traffic over local interconnection
trunks, or local traffic over Switched
Access Service trunks.
4.3.4 DTI and GTE will reciprocally provide Percent Local
Usage (PLU) factors to each other on a quarterly
basis to identify the proper jurisdiction of each
call type that is carried over the required trunks.
4.3.5 Reciprocal traffic exchange arrangement trunk
connections shall be made at a DS-1 or multiple XX-0
xxxxx, XX-0, (SONET where technically available) and
shall be jointly-engineered to an objective P.01
grade of service.
4.3.6 DTI and GTE agree to use diligent efforts to develop
and agree on a Joint Interconnection Grooming Plan
prescribing standards to ensure that the reciprocal
traffic exchange arrangement trunk groups are
maintained at consistent P.01 or better grades of
service. Such plan shall also include mutually-agreed
upon default standards for the configuration of all
segregated trunk groups.
4.3.7 Signaling System 7 (SS7) Common Channel Signaling
will be used to the extent that such technology is
available.
4.3.8 The Parties agree to offer and provide to each other
B8ZS Extended Superframe Format ("ESF") facilities,
where available, capable of voice and data traffic
transmission.
4.3.9 The Parties will support intercompany 64kbps clear
channel where available.
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4.4 Network Redesigns Initiated by GTE. GTE will not charge DTI
when GTE initiates its own network redesigns/reconfigurations.
4.5 Interconnection Calling and Called Scopes for the Access
Tandem Interconnection and the End Office Interconnection.
4.5.1 GTE Access Tandem Interconnection calling scope
(originating and terminating) is to those GTE end
offices which subtend the GTE access tandem to which
the connection is made except as provided for in
Section 3.3 of this Article V.
4.5.2 GTE End Office Interconnection calling scope
(originating and terminating) is only to the end
office to which the connection is made.
5. Indirect Network Interconnection. Neither Party shall deliver traffic
destined to terminate at the other Party's end office via another LEC's
end office. In addition, neither Party shall deliver traffic destined
to terminate at an end office subtending the other Party's access
tandem via another LEC's access tandem until such time as compensation
arrangements have been established in accordance with this Article V,
Sections 3.1 and 3.4.
6. Number Resources.
6.1 Number Assignment. Nothing in this Agreement shall be
construed to, in any manner, limit or otherwise adversely
impact DTI's right to employ or to request and be assigned any
NANP number resources including, but not limited to, Central
Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines. Any request for numbering resources by
DTI shall be made directly to the NANP Number Plan
Administrator. Except with respect to those areas in which GTE
is the NANP Number Plan Administrator, GTE shall not be
responsible for the requesting or assignment of number
resources to DTI. The Parties agree that disputes arising from
numbering assignment shall be arbitrated by the NANP Number
Plan Administrator. DTI shall not request number resources to
be assigned to any GTE switching entity.
6.1.1 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. Each Party
is responsible for administering NXX codes assigned
to it.
6.2 Rate Centers. For purposes of compensation between the Parties
and the ability of GTE to appropriately apply its toll tariff
to its end user customers, DTI shall adopt the Rate Center
areas and Rate Center points that the Commission has approved
for the incumbent LEC and shall assign whole NPA-NXX codes to
each Rate Center.
6.3 Routing Points. DTI will also designate a Routing Point for
each assigned NXX code. DTI may designate one location within
each Rate Center as a Routing Point for the NPA-NXX associated
with that Rate Center; alternatively DTI may designate a
single location within one Rate Center to serve as the Routing
Point for all the NPA-NXXs associated with that Rate Center
and with one or more other Rate Centers served by DTI within
an existing GTE exchange area and LATA.
6.4 Code and Numbers Administration. The Parties will comply with
code administration requirements as prescribed by the FCC, the
Commission, and accepted industry guidelines. Where GTE is the
NANP Number Plan Administrator, GTE will administer number
resources, and charge for such administration in accord with
applicable rules and regulations. GTE will administer
numbering resources in a competitively neutral manner, and
process requests for NXX codes in a timely manner and in
accord with industry standards. The Parties shall protect DTI
proprietary information that may be submitted to
V-6
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GTE in connection with GTE's responsibilities as NANP Number
Plan Administrator in accordance with Article III, Section 11
of this Agreement.
6.5 Programming Switches. 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.
7. Interim Number Portability (INP). Each Party shall provide the other
Party with INP for the purpose of allowing end user customers to change
service-providing Parties without changing their telephone number. GTE
shall provide its INP to DTI using remote call forwarding ("RCF"). The
GTE rates for INP service using RCF are set out in Appendix E attached
to this Agreement and made a part hereof. If DTI wishes to use Direct
Inward Dialing ("DID") to provide INP to its end users, DTI may
purchase DID service from GTE at the rate specified in the appropriate
GTE tariff. DTI shall provide INP to GTE at the rates specified for DTI
in Appendix E.
8. Meet-Point Billing.
8.1 Meet-Point Arrangements.
8.1.1 The Parties may mutually establish Meet-Point Billing ("MPB")
arrangements in order to provide Switched Access Services to
Access Service customers via a GTE access tandem in accordance
with the MPB guidelines adopted by and contained in the
Ordering and Billing Forum's MECAB and MECOD documents, except
as modified herein and as described in Section 3.2.3 for
Interim Portability.
8.1.2 Except in instances of capacity limitations, GTE shall permit
and enable DTI to sub-tend the GTE access tandem(s) nearest to
the DTI Rating Point(s) associated with the NPA-NXX(s) to/from
which the Switched Access Services are homed. In instances of
capacity limitation at a given access tandem, DTI shall be
allowed to subtend the next-nearest GTE access tandem in which
sufficient capacity is available.
8.1.3 Interconnection for the MPB arrangement shall occur at the
"IP".
8.1.4 Common Channel Signaling shall be utilized in conjunction with
MPB arrangements to the extent such signaling is resident in
the GTE access tandem switch.
8.1.5 DTI and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective
federal and state access tariffs, and/or provisions within the
National Exchange Carrier Association ("NECA") Tariff No. 4,
or any successor tariff, sufficient to reflect this MPB
arrangement, including MPB percentages.
8.1.6 As detailed in the MECAB document, DTI and GTE will, in a
timely fashion, exchange all information necessary to
accurately, reliably and promptly xxxx Access Service
customers for Switched Access Services traffic jointly handled
by DTI and GTE via the meet-point arrangement. Information
shall be exchanged in Electronic Message Record ("EMR")
format, on magnetic tape or via a mutually acceptable
electronic file transfer protocol.
8.1.7 DTI and GTE shall work cooperatively to coordinate rendering
of Meet-Point bills to customers, and shall reciprocally
provide each other usage data and related information at the
appropriate charge.
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8.2 Compensation.
8.2.1 Initially, billing to Access Service customers for the
Switched Access Services jointly provided by DTI and GTE via
the MPB arrangement shall be according to the multiple-xxxx
method as described in the MECAB guidelines. This means each
Party will xxxx the portion of service they provided at their
appropriate tariff, or price list.
8.2.2 Subsequently, DTI and GTE may mutually agree to implement one
of the following options for billing to third parties for the
Switched Access Services jointly provided by DTI and GTE via
the MPB arrangement: single-xxxx/single tariff method,
single-xxxx/multiple tariff method, or to continue the
multiple-xxxx method. Should either Party prefer to change
among these billing methods, that Party shall notify the other
Party of such a request in writing, ninety (90) Business Days
in advance of the date on which such change is desired to be
implemented, such changes then may be made in accordance with
MECAB guidelines and if the Parties mutually agree, the change
will be made.
9. Common Channel Signaling.
9.1 Service Description. The Parties will provide Common Channel Signaling
("CCS") to one another via Signaling System 7 ("SS7") network
interconnection, where and as available, in the manner specified in FCC
Order 95-187, in conjunction with all traffic exchange trunk groups.
SS7 signaling and transport services shall be provided by GTE in
accordance with the terms and conditions of this Section 9 of this
Article and Appendix J attached to this Agreement and made a part
hereof. The Parties will cooperate on the exchange of all appropriate
SS7 messages for local and intraLATA call set-up signaling, including
ISUP and Transaction Capabilities Application Part ("TCAP") messages to
facilitate full interoperability of all CLASS Features and functions
between their respective networks. Any other SS7 message services to be
provided using TCAP messages (such as data base queries) will be
jointly negotiated and agreed upon.
9.2 Signaling Parameters. All SS7 signaling parameters will be provided in
conjunction with traffic exchange trunk groups, where and as available.
These parameters include Automatic Number Identification ("ANI"),
Calling Party Number ("CPN"), Privacy Indicator, calling party category
information, originating line information, charge number, etc. Also
included are all parameters relating to network signaling information,
such as Carrier Information Parameter ("CIP"), wherever such
information is needed for call routing or billing. GTE will provide SS7
via GR-394-SS7 and/or GR-317-SS7 format(s).
9.3 Privacy Indicators. Each Party will honor all privacy indicators as
required under applicable law.
9.4 Connection Through STP. DTI must interconnect with the GTE STP(s)
serving the LATA in which the traffic exchange trunk groups are
interconnected. Additionally, all interconnection to GTE's 800/888
database and GTE's LIDB shall, consistent with this section and
Appendix J attached hereto, take place only through appropriate STP
pairs.
9.5 Third Party Signaling Providers. DTI may choose a third-party SS7
signaling provider to transport messages to and from the GTE SS7
network. In that event, that third-party provider must present a letter
of agency to GTE, prior to the testing of the interconnection,
authorizing the Third Party to act on behalf of DTI in transporting SS7
messages to and from GTE. The third-party provider must interconnect
with the GTE STP(s) serving the LATA in which the traffic exchange
trunk groups are interconnected.
9.6 Multi-Frequency Signaling. In the case where CCS is not available, in
band Multi-Frequency ("MF"), wink start, E & M channel associated
signaling with ANI will be provided by the Parties. Network signaling
information, such as CIC/OZZ, will be provided wherever such
information is needed for call routing or billing.
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10. Service Quality and Performance. Each Party shall provide Services
under this Article to the other Party that are equal in quality to that
the Party provides to itself, its Affiliates or any other entity.
"Equal in quality" shall mean that the Service will meet the same
technical criteria and performance standards that the providing Party
uses within its own network for the same Service at the same location
under the same terms and conditions.
11. Network Outages. GTE shall work with DTI to establish reciprocal
responsibilities for managing network outages and reporting. Each party
shall be responsible for network outage as a result of termination of
its equipment in GTE wire center or access tandem. DTI shall be
responsible for notifying GTE of significant outages which could impact
or degrade GTE switches and services.
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ARTICLE VI
RESALE OF SERVICES
1. General. The purpose of this Article VI is to define the Exchange
Services and related Vertical Features and other Services (collectively
referred to for purposes of this Article VI as the "Services") that may
be purchased from GTE and resold by DTI and the terms and conditions
applicable to such resold Services. Except as specifically provided
otherwise in this Agreement, provisioning of Exchange Services for
resale will be governed by the GTE Guide. GTE will make available to
DTI for resale any Telecommunications Service that GTE currently
offers, or may offer hereafter, on a retail basis to subscribers that
are not telecommunications carriers, except as qualified by Section 2.2
below.
2. Terms and Conditions.
2.1 Quality and Performance. GTE shall provide Services to DTI that are
equal in quality and performance standards to the same Services
provided by GTE to its own end user customers.
2.2 Restrictions on Resale. The following restrictions shall apply to the
resale of retail services by DTI.
2.2.1 DTI shall not resell Basic Exchange Residential Service.
2.2.2 DTI shall not resell to one class of customers a service that is
offered by GTE only to another class of customers in accordance
with State requirements (e.g., R-1 to B-1, disabled services or
Lifeline services to non-qualifying customers).
2.2.3 DTI shall not resell public pay telephone lines.
2.2.4 DTI shall not resell semi-public pay telephone lines.
2.3 Restrictions on Discount of Retail Services. The discount specified in
Section 5.3 herein shall apply to all retail services except for the
following:
2.3.1 DTI shall resell services that are provided at a volume
discount in accordance with terms and conditions of applicable
tariff. DTI shall not aggregate end user traffic in order to
qualify for volume discount.
2.3.2 DTI shall resell ICB/Contract services without a discount and
only to end user customers that already have such services.
2.3.3 DTI shall resell COCOT coin or coinless line but no discount
applies.
2.3.4 DTI shall resell Lifeline services and services for the disabled
but no discount shall apply and they shall only be resold to end
user customers who qualify under GTE's tariffs and
state/Commission rules, orders and regulations.
2.3.5 DTI shall resell special access but no discount applies.
2.3.6 DTI shall resell Operator Services and Directory Assistance as
specified in Section 5.6 herein however no discount applies.
2.3.7 DTI shall resell promotional offerings that are ninety (90) days
or less in duration without a discount.
VI-1
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2.4 Resale to Other Carriers. Services available for resale may not be used
by DTI to provide access to the local network as an alternative to
tariffed switched and special access by other carriers, including, but
not limited to; interexchange carriers, wireless carriers, competitive
access providers, or other retail telecommunications providers.
3. Ordering and Billing.
3.1 Local Service Request. Orders for resale of Services will be placed
utilizing a standard Local Service Request ("LSR") form. GTE will
continue to participate in industry forums for developing service
order/disconnect order formats and will incorporate appropriate
industry standards. A complete and accurate LSR (containing the
requisite end user information as described in the Guide) must be
provided by DTI before a request can be processed.
3.2 Certificate of Operating Authority. When ordering, DTI must represent
and warrant to GTE that it is a certified provider of local dial-tone
service. DTI will provide a copy of its Certificate of Operating
Authority or other evidence of its status to GTE upon request.
3.3 Letter of Authorization. A Letter of Authorization ("LOA") will be
required before resold Services will be provided in cases in which the
subscriber currently receives Exchange Service from GTE or from a local
service provider other than DTI. Such LOA may be a blanket LOA or such
other form as agreed upon between GTE and DTI. GTE will not release
information to DTI on GTE end user customer accounts unless DTI first
provides to GTE a written LOA, signed by the end user customer,
authorizing the release of such information to DTI or if state or
federal law provides otherwise, in accordance with such law.
3.4 Directory Assistance Listings. GTE shall include a DTI customer listing
in its Directory Assistance database as part of the Local Service
Request ("LSR") process. GTE will honor DTI Customer's preferences for
listing status, including non-published and unlisted, as noted on the
LSR and will enter the listing in the GTE database which is used to
perform Directory Assistance functions as it appears on the LSR.
3.5 Nonrecurring Charges. DTI shall be responsible for the payment of all
nonrecurring charges ("NRCs") applicable to resold Services (e.g.,
installation, changes, ordering charges) in accordance with the
appropriate tariff. No discount applies to nonrecurring charges.
3.6 Transfers Between DTI and Another Reseller of GTE Services. When DTI
has obtained an end user customer from another reseller of GTE
services, DTI will inform GTE of the transfer by submitting a standard
LSR to GTE.
3.7 Local Calling Detail. Except for those Services and in those areas
where measured rate local service is available to end users, monthly
billing to DTI does not include local calling detail. However, DTI may
request and GTE shall consider developing the capabilities to provide
local calling detail in those areas where measured local service is not
available for a mutually agreeable charge.
3.8 Procedures. An overview of the procedures for preordering, ordering,
provisioning and billing for resold services are outlined in Appendix
I, attached hereto and made a part hereof.
3.9 LIDB. For resale services, GTE's service order will generate updates to
the LIDB for validation of calling card, collect, and third number
billed calls.
3.10 "OLN". Upon request, GTE will update the database to provide
Originating Line Number ("OLN") Screening which indicates to an
operator the acceptable billing methods for calls originating from the
calling number (e.g., penal institutions, COCOTS).
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4. Maintenance.
4.1 Maintenance, Testing and Repair. GTE will provide repair and
maintenance services to DTI and its end user customers for resold
Services in accordance with the same standards and charges used for
such services provided to GTE end user customers. GTE will not initiate
a maintenance call or take action in response to a trouble report from
a DTI end user until such time as trouble is reported to GTE by DTI.
DTI must provide to GTE all end user information necessary for the
installation, repair and servicing of any facilities used for resold
Services according to the procedures described in the Guide.
4.2 Specifics and Procedures for Maintenance. An overview of the procedures
for maintenance of resold services and additional matters agreed to by
the Parties concerning maintenance are set forth in Appendix I.
5. Services Available for Resale.
5.1 Description of Local Exchange Services Available for Resale. Resold
basic Exchange Service includes, but is not limited to, the following
elements:
(a) Voice Grade Local Exchange Access Line - includes a telephone
number and dial tone.
(b) Local Calling - at local usage measured rates if applicable to the
end user customer.
(c) Access to long distance carriers
(d) E-911 Emergency Dialing
(e) Access to Service Access Codes - e.g., 800, 888, 900
(f) Use of AIN Services (those currently available to end users)
(g) End User Private Line Services
(h) Listing of telephone number in appropriate "white pages" directory;
and
(i) Copy of "White Pages" and "Yellow Pages" directories for the
appropriate GTE service area
5.2 List of Services Available for Resale. The type of Services listed on
Appendix F, attached hereto and made a part of this Agreement, are
available for resale by DTI. Subject to the limitations on resale
enumerated in this Article, any new services that GTE offers in the
future at retail to customers who are not telecommunications carriers
shall also be available to DTI for resale under the same terms and
conditions contained in this Agreement. Additional regulations, terms
and conditions relating to the type of Services listed on Appendix F
can be found in the appropriate intrastate local, toll and access
tariffs. Terms, conditions and other matters concerning rate
applications, technical parameters, provisioning capability,
definitions and feature interactions contained in such tariffs are
applicable to the type of Services offered under this Agreement and are
incorporated herein by reference. Modifications to Services listed on
Appendix F shall be provided to DTI in accordance with GTE's practices
and procedures.
5.3 Rates. The prices charged to DTI for Local Services shall be calculated
as follows:
(1) Avoided Cost Discount of 11.93% shall apply to all retail services
except those services listed in Section 2.2 and Section 2.3 herein.
VI-3
51
(2) The discount dollar amount calculated under Step 1 above will be
deducted from the retail rate.
(3) The resulting rate is a Wholesale Rate.
(4) This discount dollar amount in Step 2 above shall not change during
the Term of this Agreement, even though GTE may change its retail
rates.
5.4 Grandfathered Services. Services identified in GTE Tariffs as
grandfathered in any manner are available for resale only to end user
customers that already have such grandfathered service. An existing end
user customer may not move a grandfathered service to a new service
location.
5.5 Access. GTE retains all revenue due from other carriers for access to
GTE facilities, including both switched and special access charges.
5.6 Operator Services (OS) and Directory Assistance (DA). Where GTE
provides access to GTE Operator Services for local and toll assistance
(for example, call completion, busy line verification and emergency
interruption) and Directory Assistance (e.g., 411 calls routed to GTE's
DA operator centers) as an element of Exchange Services offered for
resale, DTI will be billed in accordance with Appendix F. GTE will
provide its existing OS and DA to a DTI at the same quality and in a
nondiscriminatory manner as the service GTE's end users receive.
5.6.1 Where Customized Routing is available (pursuant to Article VII,
Section 12.1), GTE will offer unbranded OS and DA or rebranded
OS and DA with the DTI brand. GTE will provide such unbranding
or rebranding on a switch-by-switch basis, subject to capability
and capacity limitations. Upon receipt of an order for
unbranding or rebranding, GTE will implement within 90 Business
Days when technically capable.
5.6.2 DTI will be billed for unbranding or rebranding and Customized
Routing. Upon written request from DTI, GTE will provide DTI
with terms and conditions for providing Customized Routing and
branding, plus the applicable charges. In addition, a port and
dedicated trunk facilities are required as specified in Article
VII, Section 12.1.4.
5.6.3 For those offices that DTI has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it using live operators
where GTE performs its own OS and DA service and where handled
by automated systems. If GTE uses a Third Party contractor to
provide OS or DA, GTE will not provide branding nor will GTE
negotiate it with a Third Party on behalf of DTI. DTI must
negotiate with the Third Party. In these instances, DTI will
need to purchase customized routing to differentiate OS/DA
traffic between GTE's and a Third Party.
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ARTICLE VII
UNBUNDLED NETWORK ELEMENTS
1. General. The purpose of this Article VII is to define the unbundled
network elements that may be leased by DTI from GTE. Unless otherwise
specified in this Agreement, provisioning of unbundled network
arrangements will be governed with the GTE Customer Guide for DTI
Establishment of Services - Resale and Unbundling (the "Guide").
Additional procedures for preordering, ordering, provisioning and
billing of unbundled network elements are outlined in Appendix I.
2. Unbundled Network Elements.
2.1 Categories. There are several separate categories of Network Components
that shall be provided as unbundled network elements by GTE:
(a) Network Interface Device or NID
(b) Loop Elements
(c) Port and Local Switching Elements
(d) Transport Elements
(e) Signaling Elements
(f) Data Switching
(g) Digital Cross Connect System (DCS)
2.2 Prices. Individual unbundled network elements and prices are identified
on Appendix G attached to this Agreement and made a part hereof, or
under the appropriate GTE tariff as referenced in this Article.
Nonrecurring charges relating to unbundled elements are also listed on
Appendix G.
2.2.1 Reciprocal Compensation Arrangements for Call Termination.
Reciprocal compensation arrangements for call termination shall
be as provided in Appendix M attached hereto.
2.3 Interconnection to Unbundled Elements. DTI may lease and interconnect
to whichever of these unbundled network elements DTI chooses, and
subject to technical feasibility, may combine these unbundled elements
with any facilities or services that DTI may itself provide subject to
the following:
2.3.1 Interconnection shall be achieved via expanded
interconnection/collocation arrangements DTI shall maintain at
the wire center at which the unbundled services are resident.
2.3.2 DTI may order transport pursuant to Section 6 below as follows:
(a) From the wire center at which the unbundled elements
(e.g., loop, port) are located to the GTE wire center
where DTI has established an
interconnection/collocation arrangement.
(b) Directly from the DTI switch to a GTE wire center and
connect to unbundled loops. Applicable charges would be
transport, transport termination, multiplexing,
loop/port connector and loop.
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53
2.3.3 Each loop or port element shall be delivered to DTI collocation
arrangement over a loop/port connector applicable to the
unbundled services as listed on Appendix G.
2.3.4 DTI shall combine unbundled network elements with its own
facilities. GTE has no obligation to combine any network
elements for DTI. DTI may not combine such network elements to
provide solely interexchange service or solely access service to
an interexchange carrier.
2.4 Service Quality. To the degree reasonably possible, all service
attributes, grades-of-service and installation, maintenance and repair
intervals which apply to the bundled service will apply to unbundled
network elements. Notwithstanding the foregoing, GTE shall not be
responsible for impacts on service attributes, grades of service, etc.,
resulting from DTI's specific use of or modification to any unbundled
network element.
3. Network Interface Device.
3.1 Direct Connection. DTI shall be permitted to connect its own Loop
directly to GTE's Network Interface Device or NID in cases in which DTI
uses its own facilities to provide local service to an end user
formerly served by GTE, as long as such direct connection does not
adversely affect GTE's network. In order to minimize any such adverse
effects, DTI shall follow the procedures in Sections 3.1.1 and 3.1.2
below.
3.1.1 When connecting its own loop facility directly to GTE's NID for
a residence or business customer, DTI must make a clean cut on
the GTE drop wire at the NID so that no bare wire is exposed.
DTI shall not remove or disconnect GTE's drop wire from the NID
or take any other action that might cause GTE's drop wire to be
left lying on the ground.
3.1.2 At multi-tenant customer locations, DTI must remove the jumper
wire from the distribution block (i.e. the NID) to the GTE cable
termination block. If DTI cannot gain access to the cable
termination block, DTI must make a clean cut at the closest
point to the cable termination block. At DTl's request and
discretion, GTE will determine the cable pair to be removed at
the NID in multi-tenant locations. DTI will compensate GTE for
the trip charge necessary to identify the cable pair to be
removed.
3.1.3 GTE agrees to offer NIDs for lease to DTI but not for sale. DTI
may remove GTE identification from any NID which it connects to
a DTI loop, but DTI may not place its own identification on such
NID.
3.1.4 GTE Loop elements leased by DTI will be required to terminate
only on a GTE NID. If DTI leasing a GTE loop wants a DTI NID,
they will also be required to lease a GTE NID for the direct
loop termination and effect a NID to NID connection.
3.2 NID to NID Connection. Rather than connecting its loop directly to
GTE's NID, DTI may also elect to install its own NID and effect a NID
to NID connection to gain access to the end user's inside wiring.
3.2.1 DTI that provides its own loop facilities may elect to move all
inside wire terminated on a GTE NID to one provided by DTI. In
this instance, a NID to NID connection will not be required.
DTI, or the end user premise owner, can elect to leave the GTE
disconnected NID in place, or to remove the GTE NID from the
premise and dispose of it entirely.
3.3 Removal of Cable Pairs. Removal of existing cable pairs required for
DTI to terminate service is the responsibility of DTI.
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3.4 Maintenance. When DTI provides its own loop and connects directly to
GTE's NID, GTE does not have the capability to perform remote
maintenance. DTI can perform routine maintenance via its loop and
inform GTE once the trouble has been isolated to the NID and GTE will
repair (or replace) the NID, or, at DTI's option, it can make a NID to
NID connection, using the GTE NID only to gain access to the inside
wire at the customer location.
4. Loop Elements.
4.1 Service Description. a "Loop" is an unbundled component of Exchange
Service. In general, it is the transmission facility (or channel or
group of channels on such facility) which extends from a Main
Distribution Frame ("MDF') or functionally comparable piece of
equipment in a GTE end office or wire center to a demarcation or
connector block in/at a subscriber's premises. Traditionally, Loops
were provisioned as 2-wire or 4-wire copper pairs running from the end
office MDF to the customer premises. However, a loop may be provided
via other media, including radio frequencies, as a channel on a high
capacity feeder/distribution facility which may, in turn, be
distributed from a node location to the subscriber premises via a
copper or coaxial drop facility, etc.
4.2 Categories of Loops. There are six general categories of loops:
4.2.1 "2-wire analog voice grade" loops will support analog
transmission of 300-3000 Hz, repeat loop start or ground start
seizure and disconnect in one direction (toward the end office
switch), and repeat ringing in the other direction (toward the
end user). This loop is commonly used for local dial tone
service;
4.2.2 "4-wire analog voice grade" loops conform to the characteristics
of a 2-wire voice grade loop and, in addition, can support the
simultaneous independent transmission of information in both
directions;
4.2.3 "2-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) will be required to
conform to these industry standards. The price for 2-wire
digital loops shall be the price for the basic 2-wire loop plus
the loop facility NRC to recover the cost of the special
provisioning.
4.2.4 "4-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) will be required to
conform to these industry standards. The price for 4-wire
digital loops shall be the price for the basic 4-wire loop plus
the loop facility NRC to recover the cost of the special
provisioning.
4.2.5 "DS-1" loops will support a digital transmission rate of 1.544
Mbps. The DS-1 loop will have no bridge taps or load coils and
will employ special line treatment. DS-1 loops will include span
line repeaters where required, office terminating repeaters, and
DSX cross connects. Prices for DS-1 grade loops are the prices
set forth in the appropriate GTE intrastate special access
tariff.
4.2.6 "DS-3" loops will support the transmission of isochronous
bipolar serial data at a rate of 44.736 Mbps. This DS-3 type of
loop provides the equivalent of 28 DS-1 channels and shall
include the electronics at either end.
4.3 Conditioned Loops. DTI may also require that the loops ordered above be
conditioned in order for them to provide the end-user service. Examples
of this type of conditioning are: Type C, Type DA, Improved C, Clear
Channel, etc. The price for such a conditioned loops shall be the
applicable charge as provided in the appropriate GTE intrastate special
access tariff.
VII-3
55
4.4 Features, Functions, Attributes. To the degree reasonably possible, all
transport-based features, functions, service attributes,
grades-of-service, installation, maintenance and repair intervals that
apply to the bundled services will apply to unbundled loops.
4.4.1 GTE will not perform routine testing of the unbundled loop for
maintenance purposes. DTI will be required to provision a loop
testing device either in its central office (switch location),
Network Control Center or in its collocation arrangement to test
the unbundled loop. GTE will perform repair and maintenance once
trouble is identified by DTI.
4.4.2 All Loop facilities furnished by GTE on the premises of DTI's
end users and up to the network interface or functional
equivalent are the property of GTE. GTE must have access to all
such facilities for network management purposes. GTE employees
and agents may enter said premises at any reasonable hour to
test and inspect such facilities in connection with such
purposes or, upon termination or cancellation of the Loop
facility, to remove such facility.
4.4.3 GTE will provide loop transmission characteristics to DTI end
users which are equal to those provided to GTE end users.
4.4.4 If DTI leases loops which are conditioned to transmit digital
signals, as a part of that conditioning, GTE will test the loop
and provide recorded test results to DTI. In maintenance and
repair cases, if loop tests are taken, GTE will provide any
recorded readings to DTI at time the trouble ticket is closed in
the same manner as GTE provides to itself and its end users.
4.5 Dial Loop Carrier. Where GTE utilizes integrated digital loop carrier
("IDLC")1 technology to provision the Loop element, GTE will take the
necessary affirmative steps to provide unbundled Loops. The basic Loop
provided will support voice grade services. Loop capabilities beyond
voice grade (i.e., ISDN, ADSL, etc.) will be provided under the terms
and conditions, and at the prices indicated in Section 4.3.
4.5.1 GTE will permit DTI to collocate digital loop carriers and
associated equipment in conjunction with collocation
arrangements DTI maintains at a GTE wire center for the purpose
of interconnecting to unbundled Loop elements.
4.6 Unbundled Loop Facility Certification.
4.6.1 Before deploying any service enhancing copper cable technology
(e.g., HDSL, ISDN, etc.) over unbundled 2-wire analog voice
grade loops leased from GTE, DTI shall notify GTE of such
intentions to enable GTE to assess the loop transport facilities
to determine whether there are any existing copper cable loop
transport technologies (e.g., analog carrier, etc.) deployed
within the same cable sheath that would be interfered with if
DTI deployed the proposed service enhancing copper cable
technology. If there are existing copper cable loop transport
technologies already deployed within the same cable sheath, or
if GTE already has existing near term (within 18 months of the
date of facility certification) plans to deploy copper cable
loop transport technologies that would be interfered with as
described above, GTE will so inform DTI and DTI shall not be
permitted to deploy such service enhancing copper cable
technologies. GTE will charge DTI the applicable engineering
time and labor costs to perform the certification.
--------
(1) See Bellcore TR-TSY-000008, Digital Interface Between the SLC-96 Digital
Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated
Digital Loop Carrier (IDLC) Requirements, Objectives and Interface.
VII-4
56
4.6.2 If DTI fails to notify GTE of its plans to deploy service
enhancing copper cable technology and obtain prior certification
from GTE of the facilities, if DTI's deployment of such
technology is determined to have caused interference with
existing or planned copper cable loop transport technologies
deployed by GTE in the same cable sheath, DTI will immediately
remove such service enhancing copper cable technology and shall
reimburse GTE for all incurred expense related to this
interference.
4.7 Unbundled Loop Facility Notification.
4.7.1 GTE reserves the right to deploy within its network at its sole
discretion any and all copper cable loop transport technologies.
If GTE plans to deploy copper cable loop transport technology
within a cable sheath in which such technology was not
previously deployed, GTE will provide notice to DTI of such
planned deployment, indicating all service enhancing copper
cable technologies that would cause interference with the
technology to be deployed, or that would be interfered with by
the deployment of such technology. Such notice will be provided
at least ninety (90) Business Days in advance of the planned
deployment. If DTI has deployed any technologies within the same
cable sheath that would interfere with, or be interfered with,
by the technology GTE plans to deploy, the parties will work
together to resolve the situation.
4.8 Subloops.
4.8.1 GTE will provide as separate items the loop distribution, loop
concentrator and loop feeder on a case-by-case basis pursuant to
a Bona Fide Request ("BFR").
4.8.2 GTE will design and construct loop access facilities (including
loop feeders and loop concentration/multiplexing systems) in
accordance with standard industry practices as reflected in
applicable tariffs and/or as agreed to by GTE and DTI.
4.8.3 Transport for loop concentrators/multiplexers services not
supported by embedded technologies will be provided pursuant to
applicable tariffs or as individually agreed upon by GTE and
DTI. The Parties understand that embedded loop
concentrators/multiplexers are not necessarily capable of
providing advanced and/or digital services.
4.8.4 GTE will provide loop transmission characteristics as specified
in Section 4.4.3 herein.
5. Port and Local Switching Elements.
5.1 Port. Port is an unbundled component of Exchange Service that provides
for the interconnection of individual loops or trunks to the switching
components of GTE's network. In general, it is a line card or trunk
card and associated peripheral equipment on GTE end office switch that
serves as the hardware termination for the end user's Exchange Service
on that switch and generates dial tone and provides the end user access
to the public switched telecommunications network. The port does not
include such features and functions which are provided as part of Local
Switching. Each line-side port is typically associated with one (or
more) telephone number(s), which serve as the end user's network
address.
5.2 Ports Available as Unbundled Network Elements. There are four types of
Ports available as unbundled network elements;
5.2.1 "2-wire analog line" Port is a line side switch connection
employed to provide basic residential and business type Exchange
Service.
5.2.2 "2-wire ISDN digital line" Port is a Basic Rate Interface (BRI)
line side switch connection employed to provide ISDN Exchange
Services.
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57
5.2.3 "DS-1 digital trunk" Port is a direct inward dialing (DID)
trunk side switch connection employed to provide the
equivalent of 24 analog incoming trunk type Exchange Services.
5.2.4 "4-wire ISDN digital DS-1 trunk" Port is a Primary Rate
Interface (PRI) trunk side switch connection employed to
provide the ISDN Exchange Services
5.3 Port Prices. Prices for 2-wire analog and DS-1 Ports are listed in
Appendix G. 2-wire ISDN line side Ports and 4-wire ISDN trunk side
Ports shall be provided at a price agreed to by the Parties.
5.4 Local Switching. Local switching provides the basic switching functions
to originate, route and terminate traffic and any signaling deployed in
the switch. Vertical features are optional services provided through
software programming in the switch which can be added on a per-feature
basis with applicable rate. GTE will offer only those features and
functions currently available to the particular platform used (e.g.,
DMS, 5ESS, GTD5). Any feature or function which is not available, but
the switch is capable of providing, may be requested via the BFR
process. DTI will be responsible for bearing any costs incurred by GTE
in making such feature/function available, including Right-to-Use (RTU)
fees. The rates for Local Switching and Vertical Features are listed in
Appendix G.
5.4.1 DTI must purchase Local Switching with the line-side Port or
trunk-side Port, if applicable.
5.5 Compliance with Section 2.3. DTI shall only order unbundled elements in
accordance with Section 2.3 herein and it will be the responsibility of
DTI to make arrangements for the delivery of interexchange traffic and
routing of traffic over interoffice transmission facilities, if
applicable.
6. Transport Facility.
6.1 Service Description. Transport is an unbundled component of Exchange
Service. In general, it is the transmission facility (or channel or
group of channels on such facility) which extends from a Main
Distribution Frame (MDF) or functionally comparable piece of equipment
in a GTE end office or access tandem to either (l) another MDF or
functionally comparable piece of equipment in a GTE end office or
access tandem, or (ii) a meet point with transport facilities of DTI or
another carrier. Transport may be provided over a variety of media,
including, but not limited to, copper cables, radio frequencies or
channels on a high capacity facility.
6.1.1 Tandem Switching Capability. GTE will provide tandem switching
capability at GTE access tandems for traffic between DTI and GTE
end offices subtending the GTE access tandem and for traffic
between DTI and non-GTE end offices subtending GTE access
tandems. GTE will provide the features and functions that are
centralized in tandem switches including but not limited to call
recording, the routing of calls to operator services when
technically feasible, and signaling conversion features.
6.2 Categories/Types. Unbundled transport is provided under rates, terms
and conditions of the applicable GTE access tariff or local private
line tariff.
7. SS7 Transport and Signaling. SS7 signaling and transport services in
support of DTI's local exchange services shall be provided in
accordance with the terms and conditions of Appendix I attached to this
Agreement and made a part hereof.
7.1 GTE will provide interconnection with its SS7 at the STPs but not at
other points.
8. LIDB Services. Access to GTE's LIDB shall be provided in accordance
with the rates, terms and conditions of GTE's switched access tariff,
GTOC Xxxxxx XXX Xx. 0, Xxxxxxx 0.
XXX-0
00
0. Database 800-Type Services. Access to GTE's 800-Type database (i.e.,
888, 877) shall be provided in accordance with the rates, terms and
conditions of GTE's switched access tariff, GTOC Tariff FCC No. 1,
Section 8.
10. Data Switching.
10.1 Access. GTE will provide unbundled access to GTE data switches to DTI
at the user network interface ("UNI") and network to network interface
("NNI") level subject to mutual agreement on technical standards.
10.2 Nondiscrimination. Data switching features and functionalities provided
to DTI will be without discrimination with respect to the way GTE
provides them to GTE end users. In the event of overflow or congestion
conditions on the data switching network, DTI's data traffic carried on
GTE facilities will be equal priority to GTE data traffic.
10.3 Testing, Monitoring, Administration and Maintenance. Testing,
monitoring, administration and maintenance will be performed by GTE in
a nondiscriminatory manner.
11. Dial Cross Connect System (DCS).
11.1 Access. GTE will provide unbundled access to the DCS element, which
shall provide automated cross-connection (with CNC), facility grooming,
bridging (MJU-digital), point to multipoint connections (DMB-analog),
broadcast and automated facility test capabilities. These
functionalities will be provided consistent with that which is provided
to GTE end users. DTI shall submit a Bona Fide Request to GTE
specifying these functionalities.
11.2 Optional Characteristics. The DCS element may include multiplexing,
format conversion, signaling conversion and manual cross connection
wiring.
11.3 Alternate Provisioning. Where no automated DCS capability exists, the
cross connection function will be provided manually by GTE through the
combination of DSX patch panels and D4 banks or DS0 (or higher
capacity) equipment.
11.4 Elements. DTI will have access to the following DCS elements:
(a) DS0 with DS1 interface (CNC)
(b) DS1/VT1.5 with DS1, DS3 and SONET interfaces (CNC and Titan 5500)
11.5 Capabilities. The DCS elements will provide the following capabilities:
(a) Real-time configuration (with CNC)
(b) Real-time access to integrated test equipment (with React and
Customer Service)
(c) SONET asynchronous gateway functionality (with Titan 5500 only)
(d) Compliance with Bellcore and industry standards.
11.6 Protection and Performance. The unbundled DCS elements provided to DTI
will have equipment/interface protection, redundant power supply and/or
battery backup and performance/availability consistent with that
provided to GTE end users.
11.7 Provisioning, Administration and Maintenance. GTE will provide
provisioning, administration and maintenance of the DCS elements the
same level as GTE provides to itself as well as real time
VII-7
59
access to performance monitoring and alarm data affecting DTI traffic
(with CNC). GTE is not required to keep software updated to the
"current available release" in every instance.
12. Operator Services (OS) and Directory Assistance (DA). GTE will provide
OS and DA to DTI in accordance with the terms set forth as follows:
12.0.1 Where Customized Routing is available, GTE will offer unbranded
OS and DA or rebranded OS and DA with the DTI brand. GTE will
provide such unbranding or rebranding on a switch-by-switch
basis, subject to capability and capacity limitations. Upon
receipt of an order for unbranding or rebranding, GTE will
implement within 90 Business Days when technically capable.
12.0.2 DTI will be billed an element charge for OS and DA and a charge
for unbranding or rebranding and Customized Routing as set forth
in Section 12.1.2. In addition, charges specified in Section
12.1.4 will apply.
12.0.3 For those offices that DTI has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it using live operators
where GTE performs its own OS and DA service and where handled
by automated systems. If GTE uses a Third Party contractor to
provide OS or DA, GTE will not provide branding nor will GTE
negotiate it with a Third Party on behalf of DTI. DTI must
negotiate with the Third Party. In these instances, DTI will
need to purchase customized routing to differentiate OS/DA
traffic between GTE's and a Third Party.
12.1 Customized Routing. Where technically feasible and upon receipt of
written request from DTI, GTE agrees to provide customized routing for
the following types of calls:
0-
0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when
intraLATA presubscription is not available)
1+HNPA-555-1212 (intraLATA, only when
intraLATA presubscription is not available)
12.1.1 GTE will provide DTI a list of switches that can provide
customized routing using line class codes or similar method
(regardless of current capacity limitations). DTI will return a
list of these switches ranked in priority order. GTE will return
to DTI a schedule for customized routing in the switches with
existing capabilities and capacity.
12.1.2 Upon written request from DTI, GTE will provide DTI with
applicable charges, and terms and conditions, for providing OS
and DA, branding, and Customized Routing.
12.1.3 Subject to the above provisions, GTE will choose the method of
implementing customized routing of OS and DA calls.
12.1.4 The use of customized routing will require the purchase of a
trunk side port and dedicated facilities between the GTE end
office and the designated OS/DA platform. The rates for these
elements will be billed in accordance with Appendix G.
13. Advanced Intelligent Network Access (AIN). GTE will provide DTI access
to GTE AIN functionality from GTE's AIN SCP via GTE's local switch or
DTI's local switch.
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60
14. Nondiscrimination Provision and Support. GTE agrees to provide
unbundled network elements in a timely manner considering the need and
volume of requests. GTE will provide unbundled network elements in a
non-discriminatory manner and shall provide power to such elements on
the same basis as GTE provides to itself.
15. Provisioning Intervals. GTE agrees to provide unbundled network
elements in a timely manner considering the need and volume of
requests, pursuant to agreed upon service provisioning intervals.
16. Directory Assistance Listing. When DTI orders an unbundled port, a
Directory Service Request (DSR) must be submitted to have the listing
included in GTE's Directory Assistance database. The applicable
ordering charge will be applied for processing the DSR.
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61
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
1. Bona Fide Request Process.
1.1 Intent. The Bona Fide Request process is intended to be used when DTI
requests customized Service Orders for certain services, features,
capabilities or functionality defined and agreed upon by the Parties as
services to be ordered as Bona Fide Requests.
1.2 Process.
1.2.1 A Bona Fide Request shall be submitted in writing by DTI and shall
specifically identify the need to include technical requirements, space
requirements and/or other such specifications that clearly define the
request such that GTE has sufficient information to analyze and prepare
a response.
1.2.2 Although not expected to do so, DTI may cancel a Bona Fide Request in
writing at any time prior to DTI and GTE agreeing to price and
availability. GTE will then cease analysis of the request.
1.2.3 Within two (2) Business Days of its receipt, GTE shall acknowledge in
writing the receipt of the Bona Fide Request and identify a single
point of contact and any additional information needed to process the
request.
1.2.4 Except under extraordinary circumstances, within ten (10) Business Days
of its receipt of a Bona Fide Request, GTE shall provide a proposed
price and availability date, or it will provide an explanation as to
why GTE elects not to meet DTI's request. If extraordinary
circumstances prevail, GTE will inform DTI as soon as it realizes that
it cannot meet the ten (10) Business Day response due date. DTI and GTE
will then determine a mutually agreeable date for receipt of the
request.
1.2.5 Unless DTI agrees otherwise, all proposed prices shall be consistent
with the pricing principles of the Act, FCC and/or the Commission.
Payments for services purchased under a Bona Fide Request will be made
upon delivery, unless otherwise agreed to by DTI, in accordance with
the applicable provisions of the Agreement.
1.2.6 Upon affirmative response from GTE, DTI will submit in writing its
acceptance or rejection of GTE's proposal. If at any time an agreement
cannot be reached as to the terms and conditions or price of the
request GTE agrees to meet, the Dispute resolution procedures described
in Article III herein may be used by a Party to reach a resolution.
2. Transfer of Service Announcements. For services other than GTE resold
and ported number services, when an end user customer transfers service
from one Party to the other Party, and does not retain its original
telephone number, the Party formerly providing service to the end user
will provide, upon request and if such service is provided to its own
customers, a referral announcement on the original telephone number.
This announcement will provide the new number of the customer and will
remain in effect for the same time period this service is provided to
GTE's own end users. For GTE resold and ported number services, GTE
shall provide an intercept referral on behalf of DTI.
3. Misdirected Calls. The Parties will employ the following procedures for
handling any misdirected calls (e.g., Business office, repair bureau,
etc.).
VIII-1
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3.1 To the extent the correct provider can be determined, each Party will
refer misdirected calls to the proper provider of local exchange
service. When referring such calls, both Parties agree to do so in a
courteous manner, at no charge.
3.2 For misdirected repair calls, the Parties will provide their respective
repair bureau contact number to each other on a reciprocal basis and
provide the end user the correct contact number.
3.3 In responding to misdirected calls, neither Party shall make
disparaging remarks about each other, nor shall they use these calls as
a basis for internal referrals or to solicit end users or to market
services.
4. 911/E911 Arrangements.
4.1 Description of Service. DTI will install a minimum of two (2) dedicated
trunks to GTE's 911/E911 selective routers (i.e., 911 tandem offices)
that serve the areas in which DTI provides Exchange Services, for the
provision of 911/E911 services and for access to all subtending PSAPs.
The dedicated trunks shall be, at a minimum, DS-0 level trunks
configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface in which all circuits are dedicated to 9-1-1 traffic.
Either configuration shall use CAMA type signaling with multifrequency
("MF") tones that will deliver ANI with the voice portion of the call.
GTE will provide DTI with the appropriate CLLI codes and specifications
of the tandem office serving area or the location of the primary PSAP
when there is no 911 routing in that 911 district. If a DTI central
office serves end users in an area served by more than one (1) GTE
911/E911 selective router, DTI will install a minimum of two (2)
dedicated trunks in accordance with this Section to each of such
911/E911 selective routers or primary PSAP.
4.2 Transport. If DTI desires to obtain transport from GTE to the GTE 911
selective routers, DTI may purchase such transport from GTE at the
rates set forth in Appendix H.
4.3 Cooperation and Level of Performance. The Parties agree to provide
access to 911/E911 in a manner that is transparent to the end user. The
Parties will work together to facilitate the prompt, reliable and
efficient interconnection of DTI's systems to the 911/E911 platforms,
with a level of performance that will provide the same grade of service
as that which GTE provides to its own end users. To this end, GTE will
provide documentation to DTI showing the correlation of its rate
centers to its E911 tandems at rates set forth in Appendix H.
4.4 Basic 911 and E911 General Requirements:
4.4.1 Basic 911 and E911 provides a caller access to the appropriate
emergency service bureau by dialing a 3-digit universal
telephone number (911).
4.4.2 Where GTE has a 911 selective router installed in the network
serving the 911 district, GTE shall use subscriber data
derived from the Automatic Location Identification/Database
Management System (ALI/DMS) to selectively route the 911 call
to the Public Safety Answering Point (PSAP) responsible for
the caller's location.
4.4.3 All requirements for E911 also apply to the use of SS7 as a
type of signaling used on the interconnection trunks from the
local switch to an end office or a selective router.
4.4.4 Basic 911 and E911 functions provided to DTI shall be at least
at parity with the support and services that GTE provides to
its subscribers for such similar functionality.
4.4.5 Basic 911 and E911 access from Local Switching shall be
provided to DTI in accordance with the following:
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63
4.4.5.1 GTE and DTI shall conform to all state regulations concerning
emergency services.
4.4.5.2 For E911, both DTI and GTE shall use their respective service
order processes to update access line subscriber data for
transmission to the database management systems. Validation
will be done via MSAG comparison listed in Section 4.4.5.5.
4.4.5.3 If legally required by the appropriate jurisdiction, GTE shall
provide or overflow 911 traffic to be routed to GTE Operator
Services or, at DTI's discretion, directly to DTI Operator
Services.
4.4.5.4 Basic 911 and E911 access from the DTI local switch shall be
provided from GTE to DTI in accordance with the following:
4.4.5.4.1 If required by DTI and technically feasible, GTE
shall interconnect direct trunks from the DTI
network to the E911 PSAP, or to the E911 selective
routers as designated by DTI. Such trunks may
alternatively be provided by DTI.
4.4.5.4.2 In government jurisdictions where GTE has
obligations under existing Agreements as the
primary provider of the 911 System to the county
(i.e., "lead telco"), DTI shall participate in the
provision of the 911 System as follows:
4.4.5.4.2.1 Each Party shall be responsible for
those portions of the 911 System for
which it has control, including any
necessary maintenance to each Party's
portion of the 911 System.
4.4.5.4.2.2 DTI and GTE recognize that the lead
telco in a 911 district has the
responsibility of maintaining the ALI
database for that district. Each
company will provide its access line
subscriber records to the database
organization of that lead telco. DTI
and GTE will be responsible for
correcting errors when notified by
either the 911 district or its
customer, and then submitting the
corrections to the lead telco. Lead
telco database responsibilities are
covered in Section 4.4.5.5 of this
Article.
4.4.5.4.2.3 DTI shall have the right to verify the
accuracy of information regarding DTI
customers in the ALI database using
methods and procedures mutually agreed
to by the Parties. The fee for this
service shall be determined based upon
the agreed upon solution.
4.4.5.4.3 If a Third Party is the primary service provider
to a 911 district, DTI 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 DTI are totally
separate from this Agreement and GTE makes no
representations on behalf of the Third Party.
4.4.5.4.4 If DTI or Affiliate is the primary service
provider to a 911 district, DTI and GTE shall
negotiate the specific provisions necessary for
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64
providing 911 service to the agency and shall
include such provisions in an amendment to this
Agreement.
4.4.5.4.5 Interconnection and database access shall be at
rates as set forth in Appendix H.
4.4.5.4.6 GTE shall comply with established, competitively
neutral intervals for installation of facilities,
including any collocation facilities, diversity
requirements, etc.
4.4.5.4.7 In a resale situation, where it may be appropriate
for GTE to update the ALI database, GTE shall
update such database with DTI data in an interval
no less than is experienced by GTE subscribers, or
than for other carriers, whichever is faster, at
no additional cost.
4.4.5.5 The following are Basic 911 and E911 Database Requirements:
4.4.5.5.1 The ALI database shall be managed by GTE, but is
the property of GTE and any participating LEC or
DTI which provides their records to GTE.
4.4.5.5.2 Copies of the MSAG shall be provided within five
(5) business days after the date the request is
received and provided on diskette or paper copy at
the rates set forth in Appendix H.
4.4.5.5.3 DTI shall be solely responsible for providing DTI
database records to GTE for inclusion in GTE's ALI
database on a timely basis.
4.4.5.5.4 GTE and DTI shall arrange for the automated input
and periodic updating of the E911 database
information related to DTI end users. GTE shall
work cooperatively with DTI to ensure the accuracy
of the data transfer by verifying it against the
Master Street Address Guide ("MSAG"). GTE shall
accept electronically transmitted files or
magnetic tape that conform to National Emergency
Number Association ("NENA") Version #2 format.
4.4.5.5.5 DTI shall assign an E911 database coordinator
charged with the responsibility of forwarding DTI
end user ALI record information to GTE or via a
third-party entity, charged with the
responsibility of ALI record transfer. DTI assumes
all responsibility for the accuracy of the data
that DTI provides to GTE.
4.4.5.5.6 GTE shall update the database within one (1)
business day of receiving the data from DTI. If
GTE detects an error in the DTI provided data, the
data shall be returned to DTI within one day from
when it was provided to GTE. DTI shall respond to
requests from GTE to make corrections to database
record errors by uploading corrected records
within one day. Manual entry shall be allowed only
in the event that the system is not functioning
properly.
4.4.5.5.7 GTE agrees to treat all data on DTI subscribers
provided under this Agreement as strictly
confidential and to use data on DTI subscribers
only for the purpose of providing E911 services.
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65
4.4.5.5.8 GTE shall adopt use of a Carrier Code (NENA
standard five-character field) on all ALI records
received from DTI. The Carrier Code will be used
to identify the carrier of record in NP
configurations. The XXXX Xxxxxxx Code for DTI is
"DTI"; the XXXX Xxxxxxx Code for GTE is "GTE."
4.4.5.6 GTE and DTI will comply with the following requirements for
network performance, maintenance and trouble notification.
4.4.5.6.1 Equipment and circuits used for 911 shall be
monitored at all times. Monitoring of circuits
shall be done to the individual trunk level.
Monitoring shall be conducted by GTE for trunks
between the selective router and all associated
PSAPs.
4.4.5.6.2 Repair service shall begin immediately upon report
of a malfunction. Repair service includes testing
and diagnostic service from a remote location,
dispatch of or in-person visit(s) of personnel.
Where an on-site technician is determined to be
required, a technician will be dispatched without
delay.
4.4.5.6.3 GTE shall notify DTI forty-eight (48) hours in
advance of any scheduled testing or maintenance
affecting DTI 911 service. GTE shall provide
notification as soon as possible of any
unscheduled outage affecting DTI 911 service.
4.4.5.6.4 All 911 trunks must be capable of transporting
Baudot Code necessary to support the use of
Telecommunications Devices for the Deaf
("TTY/TDDs").
4.4.5.7 Basic 911 and E911 Additional Requirements
4.4.5.7.1 All DTI lines that have been ported via INP shall
reach the correct PSAP when 911 is dialed. Where
GTE is the lead telco and provides the ALI, the
ALI record will contain both the DTI number and
GTE ported number. 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. GTE shall
cooperate with DTI to ensure that 911 service is
fully available to all DTI end users whose
telephone numbers have been ported from GTE,
consistent with State provisions.
4.4.5.7.2 DTI and GTE shall be responsible for reporting all
errors, defects and malfunctions to one another.
GTE and DTI shall provide each other with a point
of contact for reporting errors, defects, and
malfunctions in the service and shall also provide
escalation contacts.
4.4.5.7.3 DTI may enter into subcontracts with third
parties, including DTI Affiliates, for the
performance of any of DTI's duties and obligations
stated herein.
4.4.5.7.4 Where GTE is the lead telco, GTE shall provide DTI
with notification of any pending selective router
moves within at least ninety (90) days in
advance..
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4.4.5.7.5 Where GTE is the lead telco, GTE
shall establish a process for the
management of NPA splits by
populating the ALI database with the
appropriate new NPA codes.
4.4.5.7.6 Where GTE is the lead telco, GTE
shall provide the ability for
DTI to update 911 database with end
user information for lines that have
been ported via INP or LNP.
4.4.6 Basic 911 and E911 Information Exchanges and interfaces. Where
GTE is the lead telco:
4.4.6.1 GTE shall provide DTI access to the ALI Gateway
which interfaces to the ALI/DMS database. GTE
shall provide error reports from the ALI/DMS
database to DTI within one (1) day after DTI
inputs information into the ALI/DMS database.
Alternately, DTI may utilize GTE or a Third Party
entity to enter subscriber information into the
database on a demand basis, and validate
subscriber information on a demand basis. The
rates are set forth in Appendix H.
4.4.6.2 GTE and DTI shall arrange for the automated input
and periodic updating of the E911 database
information related to DTI end users. GTE shall
work cooperatively with DTI to ensure the accuracy
of the data transfer by verifying it against the
Master Street Address Guide ("MSAG"). GTE shall
accept electronically transmitted files or
magnetic tape that conform to National Emergency
Number Association ("NENA") Version #2 format.
4.4.6.3 Updates to MSAG. Upon receipt of an error
recording an DTI subscriber's address from GTE,
and where GTE is the lead telco, it shall be the
responsibility of DTI to ensure that the address
of each of its end users is included in the Master
Street Address Guide ("MSAG") via information
provided on DTI's Local Service Request ("LSR") or
via a separate feed established by DTI pursuant to
Section 4.4.5.7 of this Article.
4.4.6.4 The ALI database shall be managed by GTE, but is
the property of GTE and all participating
telephone companies. The interface between the
E911 Switch or Tandem and the ALI/DMS database for
DTI subscriber shall meet industry standards.
4.5 Compensation. In situations in which GTE is responsible for maintenance
of the 911/E911 database and can be compensated for maintaining DTI's
information by the municipality, GTE will seek such compensation from
the mulicipality. GTE will seek compensation from DTI only if, and to
the extent, that GTE is unable to obtain such compensation from the
municipality. GTE shall charge DTI a portion of the cost of the shared
911/E911 selective router as set forth in Appendix H.
5. Information Services Traffic.
5.1 Routing. Each Party shall route traffic for Information Services (i.e.
900-976, Internet, weather lines, sports providers, etc.) which
originates on its network to the appropriate Information Service
Platform.
5.2 Billing and Collection and Information Service Provider (ISP)
Remuneration.
5.2.1 In the event GTE performs switching of ISP traffic associated
with resale or unbundled network elements for DTI, GTE shall
provide to DTI GTE's standard call detail records
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so as to allow DTI to xxxx its end users. GTE shall not be
responsible or liable to DTI or ISP for Billing and Collection
and/or any receivables of Information Service Providers.
5.2.2 Notwithstanding and in addition to Article III, Section 24,
GTE shall be indemnified and held harmless by CLEC from and
against any and all suits, actions, losses, damages, claims,
or liability of any character, type, or description, including
all expenses of litigation and court cost which may arise as a
result of the provisions contained in this Article VIII,
Section 5.2.1 supra. The indemnity contained in this section
shall survive the termination of this Agreement, for whatever
reason.
5.2.3 GTE agrees to notify DTI in writing within ten (10) working
days, by registered or certified mail at DTI's address of any
claim made against GTE on the obligations indemnified against
pursuant to this Article VIII, Section 5.
5.2.4 It is understood and agreed that the indemnity provided for in
this Article VIII, Section 5 is to be interpreted and enforced
so as to provide indemnification of liability to GTE to the
fullest extent now or hereafter permitted by law.
5.3 900-976 Call Blocking. GTE shall not unilaterally block 900-976 traffic
in which GTE performs switching associated with resale or unbundled
network elements. GTE will block 900-976 traffic when requested to do
so, in writing, by DTI. DTI shall be responsible for all cost
associated with the 900-976 call blocking request. GTE reserves the
right to block any and all calls which may harm or damage its network.
5.4 Miscellaneous. GTE reserves the right to provide to any Information
Service Provider a list of any and all Telecommunications Providers
doing business with GTE.
6. Telephone Relay Service. Local and intraLATA Telephone Relay Service
("TRS") enables deaf, hearing-impaired, or speech-impaired TRS users to
reach other telephone users. With respect to resold services, DTI's end
users will have access to the state authorized TRS provider to the
extent required by the Commission, including any applicable
compensation surcharges.
7. Directory Assistance (DA) and Operator Services (OS). Where DTI is
providing local service with its own switch, upon DTI's request GTE
will provide to DTI rebranded or unbranded directory assistance
services and/or operator services pursuant to separate contracts to be
negotiated in good faith between the Parties. If DTI so requests
directory assistance services and/or operator services, such contracts
shall provide for the following:
7.1 Directory Assistance Calls. GTE directory assistance centers shall
provide number and addresses to DTI end users in the same manner that
number and addresses are provided to GTE end users. If information is
provided by an automated response unit ("ARU"), such information shall
be repeated twice in the same manner in which it is provided to GTE end
users. Where available, GTE will provide call completion to DTI end
users in the same manner that call completion is provided to GTE end
users. GTE will provide its existing services to DTI end users
consistent with the service provided to GTE end users.
7.2 Operator Services Calls. GTE operator services provided to DTI end
users shall be provided in the same manner GTE operator services are
provided to GTE end users. In accordance with GTE practices and at GTE
rates, GTE will offer to DTI end users collect, person-to-person,
station-to-station calling, Third Party billing, emergency call
assistance, calling card services, credit for calls, time and charges,
notification of the length of call, and real time rating. GTE operators
shall also have the ability to quote DTI rates upon request but only if
there is appropriate cost recovery to GTE and to the extent it can be
provided within the technical limitations of GTE's switches. GTE will
provide its existing services to DTI end users consistent with the
service GTE provides to its own end users.
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8. Directory Assistance Listings Information. GTE will include listings in
its directory assistance database for DTI end users in the same
geographic area as GTE provides directory assistance for GTE end users
as specified in Article VI, Section 3.4.
8.1 GTE shall provide to DTI, at DTI's request, for purposes of DTI
providing DTI-branded directory assistance services to its local
customers, within sixty (60) Business Days after an order for such tape
is received, all published DA listings for that specific state via
magnetic tape. Such listings will be Confidential Information under
this Agreement and DTI will use the listings only for its directory
assistance services to its end users. If DTI uses a Third Party
directory assistance service to its end users, DTI will ensure that
such Third Party likewise treats the listings as Confidential
Information under this Agreement, and uses them only for such directory
assistance. Changes to the DA Listing Information shall be updated on a
daily basis through the same means used to transmit the initial list.
DA Listing Information provided shall indicate whether the customer is
a residence or business customer. The rate to be paid by DTI to GTE
will be reasonable and mutually agreed upon.
8.2 The Parties will not release DA Listing Information that includes the
other Party's end user information to Third Parties without the other
Party's written approval. The other Party will inform the Releasing
Party if it desires to have the Releasing Party provide the other
Party's DA Listing Information to the Third Party, in which case, the
Releasing Party shall provide the other Party's DA Listing Information
at the same time as the Releasing Party provides the Releasing Party's
DA Listing Information to the Third Party. The rate to be paid by the
Releasing Party to the other Party shall be no more than the direct
costs of compiling such information. The other Party shall be
responsible for billing the Third Party.
8.3 The Parties will work together to identify and develop procedures for
database error corrections.
9. Directory Listings and Directory Distribution. DTI will be required to
negotiate a separate agreement for directory listings and directory
distribution, except as set forth below, with GTE's directory
publication company.
Listings. DTI agrees to supply GTE on a regularly scheduled basis, at
no charge, and in a mutually agreed upon format (e.g. Ordering and
Billing Forum developed), all listing information for DTI's subscribers
who wish to be listed in any GTE published directory for the relevant
operating area. Listing information will consist of names, addresses
(including city, state and zip code) and telephone numbers. Nothing in
this Agreement shall require GTE to publish a directory where it would
not otherwise do so.
Listing inclusion in a given directory will be in accordance with GTE's
solely determined directory configuration, scope, and schedules, and
listings will be treated in the same manner as GTE's listings.
Distribution. Upon directory publication, GTE will arrange for the
initial distribution of the directory to service subscribers in the
directory coverage area at no charge.
DTI will supply GTE in a timely manner with all required subscriber
mailing information including non-listed and non-published subscriber
mailing information, to enable GTE to perform its distribution
responsibilities.
10. Busy Line Verification and Busy Line Verification Interrupt. Each Party
shall establish procedures whereby its operator assistance bureau will
coordinate with the operator assistance bureau of the other Party to
provide Busy Line Verification ("BLV") and Busy Line Verification and
Interrupt ("BLVI") services on calls between their respective end
users. Each Party shall route BLV and BLVI inquiries over separate
inward operator services trunks. Each Party's operator assistance
bureau will only verify and/or interrupt the call and will not complete
the call of the end user
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initiating the BLV or BLVI. Each Party shall charge the other for the
BLV and BLVI services at the rates contained in Appendix F, or if there
is no applicable rate listed in Appendix F, at the rates in their
respective tariffs.
11. SAG. GTE will provide to DTI upon request the Street Address Guide at a
reasonable charge. Two companion files will be provided with the SAG
which lists all services and features at all LSOs, and lists services
and features that are available in a specific LSO.
12. Dialing Format Changes. GTE will provide reasonable notification to DTI
of changes to local dialing format, i.e., 7 to 10 digit, by end office.
13. Operational Support Systems (OSS). GTE shall provide OSS functions to
DTI for ordering, provisioning and billing that are generally available
as described in Appendix I attached to this Agreement. DTI shall pay
GTE for access to GTE's OSS functions consistent with processes defined
in Appendix I.
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ARTICLE IX
COLLOCATION
1. Physical Collocation. GTE shall provide to DTI physical collocation of
equipment pursuant to 47 CFR s.51.323 necessary for interconnection
or for access to unbundled network elements, provided that GTE
may provide virtual collocation in place of physical collocation,
or in some cases deny a particular collocation request entirely
if GTE demonstrates that physical collocation, or perhaps
even virtual collocation, is not practical because of technical
reasons or space limitations, as provided in Section 251 (c)(6) of the
Act. GTE will work with DTI to install collocation arrangements within
120 calendar days absent extenuating circumstances, GTE will provide
such collocation for purposes of interconnection or access to
unbundled network elements pursuant to the terms and conditions in the
applicable federal and state EIS tariffs.
1.1 Space Planning. In addition to such provisions for space planning and
reservation as may be set forth in the applicable GTE federal and state
EIS tariffs, the parties agree to the following terms and conditions.
1.1.1 GTE has the right to reserve space within its central offices for
its own use based on a 5-year planning horizon.
1.1.2 GTE will notify DTI if it plans to build an addition to a central
office where DTI has collocated facilities, if such addition
would result in a material increase of space available for
collocation.
1.1.3 Should DTI submit to GTE a two-year forecast for space planning
for collocated facilities in a central office, GTE will, in good
faith, consider and discuss such forecast with DTI when
considering space planning or utilization decisions for such
central office; provided, however that any final space planning
or utilization decision shall be made by GTE in its sole
discretion in light of GTE requirements.
1.1.4 Subject to technical feasibility and space limitations, GTE will
make available at applicable federal and state EIS tariffs such
intraoffice facilities as may be necessary to accommodate
projected volumes of DTI traffic.
1.2 Connection to Customer Loops and Ports. Facilities for cross-connection
to unbundled loops and ports shall be provided under the applicable GTE
federal tariff for Special Access Cross Connect, until such time as a
local tariff applicable to the facilities used for such
cross-connection is filed.
1.3 Connection to Other Collocated Carriers. Subject to technical
feasibility and space limitations, DTI may interconnect with other
carriers collocated at a GTE central office at which DTI has collocated
facilities; provided, however, that DTI and such other carriers must be
collocated at the GTE central office for the primary purpose of
interconnecting with GTE or accessing GTE's unbundled network elements.
If DTI wants to interconnect with other carriers collocated at a GTE
central office, DTI must provide GTE with thirty Business Days' prior
written notice, during which time GTE may elect to provide the
facilities necessary to accomplish such interconnection. DTI and the
other collocated carriers may provide the necessary interconnection
facilities only if GTE elects not to provide such facilities or fails
to so elect within the thirty day notice period. If GTE elects to
provide interconnection facilities under this section, GTE will provide
this cross connection under the GTE federal tariff for Special Access
Cross Connect, until such time as a local tariff applicable to the
facilities used for such interconnection facilities is filed.
1.4 Choice of Vendor. DTI may use the vendor of its choice to install,
maintain and repair equipment within DTI's collocated space. Access by
the employees, agents or contractors of such vendor
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xxxxx xx subject to the same restrictions on access by employees,
agents or contractors of DTI imposed under the applicable GTE federal
and state EIS tariffs, including but not limited to certification and
approval by GTE.
1.5 Monitoring. Subject to technical feasibility and space limitations, DTI
may extend its own facilities for remote monitoring of its collocated
equipment to its collocated space. DTI may request that GTE provide the
facilities necessary for such remote monitoring, at which time GTE and
DTI will negotiate in good faith the price, terms and conditions of
remote monitoring by GTE.
1.6 Phone Service. Upon ordering collocated space, DTI may order that its
collocation cage be provided with plain old telephone service (POTS)
commencing at such time as GTE has completed construction of the
collocated space. DTI shall pay separately for any ordered POTS
service.
1.7 Intraoffice Diversity. At DTI's request, GTE will provide diversity for
ingress/egress fiber and power cables where such diversity is available
and subject to technical feasibility and space limitations.
1.8 DTI Proprietary Information. GTE will protect all DTI proprietary
information to the extent required under non-disclosure agreements
existing as of the date GTE completes construction of a physical
collocation space at DTl's request.
1.9 Notification of Modifications. GTE will notify DTI of modifications to
collocation space in accord with the terms of applicable GTE state and
federal EIS tariffs. Additionally, GTE shall notify DTI when major
upgrades are made to the power plants supporting DTI's collocation
space. The following shall constitute such major upgrades:
(a) replacement of a rectifier;
(b) addition or replacement of a new fusing module;
(c) addition or replacement of a power distribution unit frame; or
(d) addition or replacement of modular rectifiers.
1.10 Drawings. When DTI orders collocated space, GTE and DTI will hold a
GTE/Customer meeting in accord with applicable GTE state and federal
EIS tariffs. At such meeting, GTE will provide such drawings of GTE's
central office facility as may be necessary to adequately depict DTI's
proposed collocation space.
1.11 Construction of Space. GTE will construct DTI's collocation space in
accord with the terms and conditions set forth in the applicable GTE
state and federal EIS tariff. Additionally, GTE agrees to the following
terms and conditions regarding construction of collocated space:
1.11.1 Space will be constructed in 100 square foot increments,
and shall be designed so as to prevent unauthorized access.
1.11.2 a standard 100 square foot cage shall have the following
standard features:
(a) eight-foot high, nine gauge chain link panels;
(b) three of the panels listed at (a) above shall measure
eight by ten feet, the fourth panel shall measure eight
by seven feet;
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(c) the door to the cage shall measure eight by three feet
and shall also consist of nine gauge chain link;
(d) the cage shall be provided with one padlock set, with
GTE retaining one master key;
(e) one ac electrical outlet;
(f) one charger circuit system;
(g) one electrical sub-panel;
(h) such additional lighting as may be necessary;
(l) one fire detection requirement evaluation;
(j) grounding for the cage consistent with COEI.
1.11.3 Modifications to the standard configuration set forth in
Section 1.11.2 can be made on an individual case basis. If
modifications are agreed upon and made by the Parties, GTE
will work with DTI to implement such additional
modifications as may be necessary to ensure that DTI's
collocated space is protected from unauthorized access.
1.11.4 At such time as construction of DTl's collocation space is
approximately 50 percent completed, GTE will give DTI
notification, and such notification shall include scheduled
completion and turnover dates.
1.11.5 Upon completion of construction of collocated space, GTE
will conduct a walk through of the collocated space with
DTI. Should DTI note any deviations from the plan agreed
upon by GTE and DTI at the customer meeting, and if such
deviations were not requested by DTI or not required by law,
GTE shall correct such deviations at its own expense within
5 Business Days.
1.12 Connection Equipment. DTI may provision equipment for the connection
of DTI termination equipment to GTE equipment using either of the
following methods:
1.12.1 DTI may extend an electrical or optical cable from the
terminal within DTI's collocation cage and terminate that
cable at GTE's network.
1.12.2 DTI may install a patch panel within its collocation cage
and then hand the cabling to GTE to extend to and have GTE
terminate that cable at GTE's network.
1.13 Access to DTI Collocation Space. The terms and conditions of access to
DTI's collocation space shall be as set forth in applicable GTE state
and federal EIS tariffs. Additionally, GTE agrees that the following
terms and conditions shall apply to access:
1.13.1 GTE shall implement adequate measures to control access to
collocation cages.
1.13.2 Collocation space shall comply with all applicable fire and
safety codes.
1.13.3 Doors with removable hinges or inadequate strength shall be
monitored by an alarm connected to a manned site. All other
alarms monitoring DTI collocation space provided by GTE
shall also be connected to a manned site. DTI may, at its
option, provide its own intrusion alarms for its collocated
space.
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1.13.4 GTE shall control janitorial access to collocation cages,
and restrict such access to approved and certified
employees, agents or contractors.
1.13.5 GTE shall establish procedures for access to collocation
cages by GTE and non-GTE emergency personnel, and shall not
allow access by security guards unless such access comports
with this section and is otherwise allowed under applicable
GTE state and federal EIS tariffs.
1.13.6 GTE shall retain a master key to DTI's collocation space for
use only in event of emergency as detailed in applicable GTE
state and federal tariffs. At DTI's option, the Parties
shall review key control procedures no more frequently than
once in any twelve month period. At any time, DTI may elect
to change keys if it suspects key control has been lost,
provided, however, that GTE will be provided with a master
key in accord with this section.
1.13.7 Not more frequently than once a year, DTI may audit the
security and access procedures and equipment applicable to
its collocated space and the central office housing the
collocation space. Access by personnel necessary to conduct
such an audit shall be limited as set forth in applicable
GTE state and federal EIS tariffs. Should DTI identify
deficiencies in security and access procedures and equipment
as a result of such audit, the cost, terms and conditions of
the correction of such deficiencies shall be negotiated in
good faith between the parties.
2. Virtual Collocation. Subject to Section 1 of this Article IX, GTE will
provide virtual collocation for purposes of interconnection or access
to unbundled network elements pursuant to the terms and conditions in
the applicable GTE federal and state EIS tariffs. In addition, GTE
agrees that the terms and conditions set forth in this Section 2 of
this Article IX, shall apply to virtual collocation provided to DTI.
2.1 Existing Virtual Collocation. If, on the effective date of this
Agreement, DTI is virtually collocated in a GTE premise, DTI may (I)
elect to retain its virtual collocation arrangement in that premise or
(ii) unless it is not practical for technical reasons or because of
space limitations, convert its virtual collocation arrangement at that
premise to physical collocation. If DTI elects the latter option, DTI's
request shall be treated as a new physical collocation request and DTI
shall pay GTE at the applicable tariff rates for construction and
rearrangement of DTI's equipment as well as all applicable tariffed
physical collocation recurring charges.
2.2 Conversion from Physical to Virtual. Unless it is not practical for
technical reasons or because of space limitations, DTI may convert a
physical collocation arrangement to a virtual collocation arrangement.
DTI's request to do so shall be treated as a new virtual collocation
request and DTI shall pay GTE at the applicable tariff rates for
construction and rearrangement of DTI's equipment as well as all
applicable tariffed virtual collocation recurring charges. If DTI
elects to change to a virtual collocation arrangement pursuant to this
section, GTE will not refund previous payments for physical collocation
received from DTI.
2.3 Vendors. Choice of vendors for equipment used for virtual collocation
shall be under the terms and conditions set forth in the applicable GTE
federal and state EIS tariff. Upon request by DTI, GTE shall provide a
list of locally qualified vendors approved for the type of equipment to
be collocated.
2.4 Inspection. Upon provision of virtual collocation by GTE, the Parties
shall agree on a mutually acceptable schedule whereby DTI may inspect
the equipment in its virtual collocation space.
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ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
To the extent required by the Act, GTE and DTI shall each afford to the other
access to the poles, ducts, conduits and rights of way it owns or controls on
terms, conditions and prices comparable to those offered to any other entity
pursuant to each Parties tariffs and/or standard agreements. Accordingly, GTE
and DTI shall execute pole attachment and conduit occupancy agreements in the
form set forth in Appendices I and J.
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IN WITNESS WHEREOF, each Party has executed this Agreement to be effective as of
the date first above written.
GTE SOUTHWEST INCORPORATED
GTE MIDWEST INCORPORATED DIGITAL TELEPORT, INC.
GTE ARKANSAS INCORPORATED
By /s/ Xxxxxx Xxxxxxxx By /s/ X. X. Xxxxxx
----------------------------- -------------------------------
Name Xxxxxx X. Xxxxxxxx Name X. X. Xxxxxx
--------------------------- -----------------------------
Title Assistant Vice President
Wholesale Markets-
Interconnection Title Vice President IC Support
--------------------------- ----------------------------
Date November 7, 1997 Date 10/20/97
--------------------------- -----------------------------
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APPENDIX A
GTE PERFORMANCE MEASURES (PM)
Pursuant to Article III of this Agreement, the following terms and conditions
shall apply regarding the performance measures set forth in this Appendix A. The
Parties recognize that these performance measures are new and evolving, and as
further evolution is made by GTE, the parties will discuss the changed
procedures, including new standard processes and procedures, if any, for the
purpose of applying them to and incorporating them in this Agreement.
GTE'S PERFORMANCE MEASURES (PMs) as set forth in this Appendix implement
standards to measure the quality of services supplied by GTE with respect to
pre-ordering, order/provisioning, maintenance and billing that is equivalent in
equality to what GTE provides to itself. GTE's PMs contain measures for both GTE
and DTI with the measures for DTI being considered an essential element for GTE
meeting customer expectations.
GTE's PMs are conditioned upon a 150 order per month minimum requirement as
described below for Service Units, as a threshold for providing Financial
Incentives for certain PMs. The 150 order per month requirement for Service
Units was developed to provide a statistically valid sample size to measure
GTE's performance for DTI in relationship to the level of performance GTE
provides to its own customers. Service Units are defined to include unbundled
loops, unbundled ports, resold local service lines, INP ported numbers, and
interconnection trunks.
GTE will begin recording of performance data in the first full month in which it
receives the first official order from DTI. GTE's report of performance measures
to DTI, however, will begin after 6 months of data recording; i.e., for data
recorded in the seventh full month. Each month's report will then be reported as
a rolling 3-month result (i.e., July's report will actually include May, June,
July data). The calculation of DTI performance will be based on this 3 month
rolling average of actual performance unless otherwise specified.
Reporting will be available monthly, or at a longer interval, as requested by
DTI. The details of report delivery shall be agreed upon between DTI and the
appropriate GTE Account Management group.
FORECASTING PERFORMANCE MEASUREMENT - GTE's PMs are conditioned upon the
requirement, as described more fully below, that DTI submit timely and accurate
forecasts. The Forecasting PM includes provisions that measure the accuracy of
DTl's forecast by comparing forecasted Service Units to ordered Service Units
for the same period.
DTI shall furnish a quarterly forecast of service order volumes and quantities
of resold local services, unbundled network elements, and interconnection trunks
on a State-wide basis, identifying these volumes/quantities by month, for each
month included in the quarter. These forecasts shall be received by GTE at least
one month before the beginning of the quarter covered by the forecast. Should
the first month of the next quarterly forecast be greater than ten (10%) percent
of the last month of the current quarterly forecast, DTI shall notify GTE
promptly of the increased order volume. Notification shall be made to the
appropriate GTE Account Management group in order to allow sufficient "lead
time" to ensure staffing levels are available to support the increased order
volumes.
DTI must agree to comply with the requirements of the Forecasting PM as the
basis for the application of Financial Incentives described below. If DTI
chooses not to comply with the Forecasting PM, Financial Incentives will not
apply. For purposes of applying Financial Incentives the accuracy of forecasts
will be determined at the state level.
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The measurement and reporting of GTE's PMs will still be available as stated
above regardless of DTI's election for the Forecasting PM.
FINANCIAL INCENTIVES - When DTI agrees to the Forecasting PM described above,
Financial Incentives will begin concurrently with reporting of individual DTI
performance data except as specified below for the
Pre-Ordering/Ordering/Provisioning and Interconnection PMs.
Financial Incentives will apply to Maintenance/Repair PMs without restriction
other than DTI's participation in the Forecasting PM.
Financial Incentives will apply to Pre-Ordering/Ordering/Provisioning and
Interconnection PMs subject to DTI's participation in the Forecasting PM and the
required per month ordering threshold. DTI must place a 150 orders per month
minimum for Service Units, by state, for three (3) consecutive months (hereafter
the "150-order requirement"). Once DTI's order volume reaches the "150-order
requirement", a ninety (90) day grace period will begin wherein data will be
accumulated and reviewed. At the end of that ninety (90) day grace period,
applicable Financial Incentives shall apply. The three (3) consecutive months
and the subsequent ninety (90) day grace period may be concurrent with all or
part of the beginning six (6) month period after recording of official data
begins, between initial order activity and the implementation of performance
reporting (i.e., month 7 data).
For purposes of applying Financial Incentives to the Forecasting PM, if DTI's
actual order activity for Service Units in a given month is below the forecast
for that month by more than 10%, Financial Incentives will apply only to the
incremental Service Units that were forecasted but not ordered; i.e., the
difference between the actual quantity ordered and the quantity which reflects
the forecast less 10%.
For purposes of applying Financial Incentives to the
Pre-ordering/Ordering/Provisioning and Interconnection PM, if DTI's actual order
activity for Service Units in a given month exceeds the forecast for that month
by more than 10%, Financial Incentives will not apply.
Average Non-Recurring Charges - The averages are calculated by dividing the sum
of all non-recurring charges applied to service orders issued by DTI to GTE by
the total number of orders or the total number of Service Units ordered. These
calculations will be made by service activity and service category: Business
(Single/Multi-line, Centranet, PBX, Trunks), Residence, etc. The average
Non-Recurring Charges will be separately calculated for field work and non-field
work orders. These averages and a weighting factor for field and non-field work
will be calculated during a study period to be mutually agreed between the
Parties. The initial average Non-Recurring Charge calculation will occur within
three (3) months of DTI's initial issuance of official orders. The average
Non-Recurring Charge shall be recalculated annually as mutually agreed between
the Parties.
Average Recurring Charges - The averages are calculated by
dividing the sum of all recurring charges applied to service orders issued by
DTI to GTE by the total number of orders or Service Units ordered. These
averages will be calculated during a study period to be mutually agreed between
the Parties. These calculations will be made by service activity and service
category, Business, Residence, etc. The initial average Recurring Charge
calculation will occur within three (3) months of DTI's initial issuance of
official orders. The average Recurring Charges shall be recalculated annually as
mutually agreed between the Parties.
A-2
78
GTE PERFORMANCE MEASURES WITH FINANCIAL INCENTIVES
PRE-ORDERING/ORDERING/PROVISIONING
---------------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
---------------------------------------------------------------------------------------------------------------------
1 GTE National Prompt transmission 85% of CSR's sent 5% of average NRC
of Customer Service to DTI by the close incurred by DTI for
Record (CSR) of business on the number of CSR's
Information business day for which the
following receipt Quality Standard is
of request not met in the
reported month
---------------------------------------------------------------------------------------------------------------------
2 GTE National Prompt transmission 85% of LSC's sent 20% of average NRC
of Local Service to DTI by the close incurred by DTI for
Confirmation (LSC) of business on the lines ordered
business day for which GTE failed
following receipt to meet the Quality
of request Standard in the
reported month
---------------------------------------------------------------------------------------------------------------------
3 GTE State Due Date commitments Percent of DTI Waiver of the
met customer install, average NRC
transfer, and installation charges
change service for the number of
orders for which lines by which GTE
service is fails to meet the
installed by close Quality Standard in
of business on the the reported month
committed due date
is not more than
2.5% below the
percent of GTE
customer install,
transfer, and
change service
orders
---------------------------------------------------------------------------------------------------------------------
A-3
79
---------------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
---------------------------------------------------------------------------------------------------------------------
4 GTE State % reporting trouble Percent of DTI One month's average
within 30 days of customer install, MRC per trouble
the date installed transfer, and report exceeding the
change service Quality Standard in
orders which are the reported month
followed by a (not to exceed one
customer trouble month's credit per
report within 30 customer line month)
days of service
order completion
date is not more
than 2.5% worse
than the percent
GTE customer
install, transfer,
and change service
orders which are
followed by a
customer trouble
report within 30
days of service
order completion
---------------------------------------------------------------------------------------------------------------------
5 GTE State Service Order 80% of LSR's Payment by DTI to
discrepancy: LSR's initiated by DTI's GTE equal to 20% of
issued without do not contain an the average NRC
material errors order discrepancy installation charges
or error: 90% in for the number of
12 months. Final lines which DTI
target - 95% fails to meet the
Quality Standard in
the reported month
---------------------------------------------------------------------------------------------------------------------
A-4
80
INTERCONNECTION
---------------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
---------------------------------------------------------------------------------------------------------------------
1 GTE State Trunk orders Percent of trunk Waiver of 100% of
completed on or orders by DTI average NRC for
before the Committed completed by GTE on trunks ordered for
Due Date or before the which GTE failed to
commitment date is meet the Quality
not more than 10% Standard in the
below the percent reported month
of FG B/D Switched
access orders by
all ordering
companies completed
by GTE on or before
the commitment date
---------------------------------------------------------------------------------------------------------------------
2 GTE National Firm Order Percent of trunk Waiver of 20%
Confirmation (FOC) orders by DTI average of average
on time delivery completed by GTE on NRC installation for
or before the trunks for which GTE
commitment date is failed to meet the
not more than 5% Quality Standard in
below the percent the reported month
of FG B/D Switched
access by all
ordering companies
for which GTE sends
FOC (within 5 days,
or longer, as
requested by DTI)
---------------------------------------------------------------------------------------------------------------------
A-5
81
----------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
----------------------------------------------------------------------------------------------------------------
3 DTI National Service Order 80% of ASR's Charge equal to 20%
discrepancy: ASR's initiated by DTI do of average NRC
issued without not contain installation of
material errors material error or trunks ordered for
result in which DTI failed to
discrepancy; 90% in meet the Quality
12 months. Final Standard in the
target 95% reported month
----------------------------------------------------------------------------------------------------------------
A-6
82
MAINTENANCE/REPAIR
---------------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
---------------------------------------------------------------------------------------------------------------------
1 GTE State Percent Commitments Percent of DTI One month's flat
Met customer Network rate average MRC per
trouble reports line out of service
where commitment for which Quality
was meet more than Standard is not met
2.5% worse than the in the reported month
percent of GTE's
customer Network
trouble reports
where commitment
was met (excluding
reports which are
cleared CPE, DTI
customer error)
---------------------------------------------------------------------------------------------------------------------
2 GTE State Average clearing Average repair time One month's flat
time - Out of (total number of rate average MRC per
Service (OOS) - elapsed hours/ line OOS for which
Designed minutes for OOS DTI Quality Standard is
customer Network not met in the
trouble reports reported month
divided by total
number OOS customer
Network trouble
reports) for DTI
customers is more
than 10% of the
average repair time
for GTE customers
(includes only
"Designed" services)
---------------------------------------------------------------------------------------------------------------------
A-7
83
-------------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
-------------------------------------------------------------------------------------------------------------------
3 GTE State Average clearing Average repair time One month's flat
time - Out of (total number of rate average MRC per
Service (OOS) - elapsed line OOS for which
Non-Designed hours/minutes for Quality Standard is
OOS DTI customer not met in the
Network trouble reported month
reports divided by
total number OOS
customer Network
trouble reports)
for DTI customers
is more than 10% of
the average repair
time for GTE
customers (includes
only POTS and
circuits which do
not require a
design)
-------------------------------------------------------------------------------------------------------------------
4 GTE State Percent reports per Percent of DTI Within six (6)
100 (Failure customers making months of effective
Frequency) trouble reports date, GTE will have
(total number of established a
DTI customer minimum access line
Network trouble threshold.
reports divided by
the total access
lines multiplied by
100) is not worse
than .5 percent One month's flat
points of the rate average MRC per
percentage of GTE line OOS for which
customers making Quality Standard is
trouble reports not met in the
reported month.
-------------------------------------------------------------------------------------------------------------------
A-8
84
--------------------------------------------------------------------------------------------------------------------
ISSUE NO. OBLIGATION DATA LEVEL PERFORMANCE QUALITY FINANCIAL
MEASURE(PM) STANDARD INCENTIVE
--------------------------------------------------------------------------------------------------------------------
5 GTE State Percent repeat Percent of DTI One month's flat
reports in 30 days customer repeat rate average MRC per
trouble reports line OOS for which
(total number of Quality Standard is
DTI customer not met in the
Network trouble reported month
reports which had a
previous Network
trouble report
within the last 30
days divided by the
total of customer
Network trouble
reports multiplied
by 100) is not more
than 2.5% worse
than the percent of
GTE customer repeat
trouble reports
--------------------------------------------------------------------------------------------------------------------
**NOTE: OUTAGE CREDITS: LOCAL SERVICE AND UNBUNDLED NETWORK ELEMENTS: OUTAGE
CREDITS APPLY TO INTERRUPTIONS OF LOCAL SERVICES AND UNBUNDLED NETWORK ELEMENTS
IN ACCORDANCE WITH APPLICABLE STATE PUBLIC SERVICE COMMISSION REQUIREMENTS. IF A
LOCAL SERVICE OR UNBUNDLED NETWORK ELEMENT IS INTERRUPTED, DTI WILL BE ENTITLED
TO OUTAGE CREDITS. AN INTERRUPTION PERIOD BEGINS WHEN DTI REPORTS TO GTE THAT A
LOCAL SERVICE OR UNBUNDLED NETWORK ELEMENT IS INTERRUPTED (OR GTE HAS KNOWLEDGE
THAT AN INTERRUPTION HAS OCCURRED THROUGH SERVICE MONITORING OR OTHER MEANS). AN
INTERRUPTION PERIOD ENDS WHEN THE LOCAL SERVICE IS REPAIRED AND RETURNED TO DTI.
A LOCAL SERVICE OR UNBUNDLED NETWORK ELEMENT IS CONSIDERED TO BE INTERRUPTED
WHEN THERE HAS BEEN A LOSS OF CONTINUITY, THE LOCAL SERVICE OR UNBUNDLED NETWORK
ELEMENT DOES NOT OPERATE IN ACCORDANCE WITH THE APPLICABLE SERVICE STANDARDS, OR
IT IS OTHERWISE UNAVAILABLE FOR USE BY DTI. THIS DEFINITION IS NOT INTENDED TO
CONFLICT WITH STATE PUBLIC UTILITY COMMISSION REQUIREMENTS.
A-9
85
FORECASTING
-------------------------------------------------------------------------------------------------------------------------
PERFORMANCE QUALITY FINANCIAL
ISSUE NO. OBLIGATION DATA LEVEL MEASUREMENT(PM) STANDARD INCENTIVE
-------------------------------------------------------------------------------------------------------------------------
1 DTI State Service Units Volume of DTI's 20% of the average
requirements Service Units NRC for the number
accurately forecast requirements in a of service units
all volumes for each month is not below the forecast
month contained in greater than 10% when the actual
the quarterly report. below the amount volumes are
forecast by DTI in greater than
it's most recent 10% and less than
quarterly forecast or equal to 30%
(which shall have under forecast.
been made not 40% of the average NRC
later than 30 days for the number of
prior to the service units below
quarter in the forecast when
question) the actual volumes
are greater than 30%
and less than or
equal to 40% under
the forecast. 50%
of the average NRC
for the number of
service units below
the forecast when
the actual volumes
are over 40% under
the forecast
-------------------------------------------------------------------------------------------------------------------------
X-00
00
XXXXXXXX X
SERVICE MATRIX
Date
--------------
Service Location IP Services
(identified by tandem serving area) (identified by CLLI code) (identified by _______________)
--------------------------------------- -------------------------------------- --------------------------------------
TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED
B-1
87
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITI0N POSITION RATE COST RATE
-- -- --- ------------------- ------- -------- -------- ------ ------- ------
AR GTE 6 Basic Local Rate Schedules:
Schedule "A" Improved Exchanges/Rate Group 1 (1-3000)
AR GTE 6 Business One Party MRC Yes Yes $32.20 $3.84 $28.36
AR GTE 6 Business Manual Trunk MRC Yes Yes $40.05 $4.78 $35.27
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $40.05 $4.78 $35.27
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $40.05 $4.78 $35.27
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $40.05 $4.78 $35.27
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $32.20 N/A $32.20
AR GTE 6 Coin Line MRC Yes No $37.75 N/A $37.75
AR GTE 6 Residence One Party MRC No No $15.25 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $15.25 N/A N/A
6 Schedule "A" Improved Exchanges/Rate
Group II (3001-18,000)
AR GTE 6 Business One Party MRC Yes Yes $36.20 $4.32 $31.88
AR GTE 6 Business Manual Trunk MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Coin Line MRC Yes No $41.75 N/A $41.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $36.20 N/A $36.20
AR GTE 6 Residence One Party MRC No No $16.90 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $16.90 N/A N/A
6 Schedule "A" Improved Exchanges /J A C K S O N V I L L E
AR GTE 6 Business One Party MRC Yes Yes $36.20 $4.32 $31.88
AR GTE 6 Business Manual Trunk MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $45.75 $5.46 $40.29
AR GTE 6 Residence One Party MRC No No $16.90 N/A N/A
AR GTE 6 Coin Line MRC Yes No $41.75 N/A $41.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $36.20 N/A $36.20
AR GTE 6 Residence Manual Trunk MRC No No $16.90 N/A N/A
6 Schedule "B" Unimproved Exchanges/
Rate Group 1 (1-3000) Inside Rate
AR GTE 6 Business One Party MRC Yes Yes $28.20 $3.36 $24.84
AR GTE 6 Business Manual Trunk MRC Yes Yes $35.35 $4.22 $31.13
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $44.25 $5.28 $38.97
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $44.25 $5.28 $38.97
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $44.25 $5.28 $38.97
AR GTE 6 Coin Line MRC Yes No $33.75 N/A $33.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $36.20 N/A $36.20
AR GTE 6 Residence One Party MRC No No $11.25 N/A N/A
Page 1
88
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ------- -------- -------- ------ ------- ------
AR GTE 6 Residence Manual Trunk MRC No No $11.25 N/A N/A
AR GTE 6 Schedule "B" Unimproved Exc./Rate Group II
(3001-18,000) Inside Rate Base Area
AR GTE 6 Business One Party MRC Yes Yes $32.20 $3.84 $28.36
AR GTE 6 Business Manual Trunk MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $54.75 $6.53 $48.22
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $54.75 $6.53 $48.22
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $54.75 $6.53 $48.22
AR GTE 6 Coin Line MRC Yes No $37.75 N/A $37.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $32.20 N/A $32.20
AR GTE 6 Residence One Party MRC No No $12.90 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $12.90 N/A N/A
6 Schedule "B" Unimproved Exchanges /
J A C K S O N V I L L E/Inside Rate Base Area
AR GTE 6 Business One Party MRC Yes Yes $32.20 $3.84 $28.36
AR GTE 6 Business Manual Trunk MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Coin Line MRC Yes No $37.75 N/A $37.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $32.20 N/A $32.20
AR GTE 6 Residence One Party MRC No No $12.90 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $12.90 N/A N/A
6 Schedule "B" Unimproved Exchanges/
Rate Group 1 (1-3000) Outside Rate
AR GTE 6 Business One Party MRC Yes Yes $28.20 $3.36 $24.84
AR GTE 6 Business Manual Trunk MRC Yes Yes $35.35 $4.22 $31.13
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $44.25 $5.28 $38.97
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $44.25 $5.28 $38.97
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $44.25 $5.28 $38.97
AR GTE 6 Business Four Party Rural MRC Yes Yes $29.20 $3.48 $25.72
AR GTE 6 Coin Line MRC Yes No $33.75 N/A $33.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $28.20 N/A $28.20
AR GTE 6 Residence One Party MRC No No $11.25 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $11.25 N/A N/A
AR GTE 6 Residence Two Party MRC No No $9.65 N/A N/A
6 Schedule "B" Unimproved Exc./Rate Group II
(3001-18,000) Outside Rate Base Area
AR GTE 6 Business One Party MRC Yes Yes $32.20 $3.84 $28.36
Page 2
89
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR GTE 6 Business Manual Trunk MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $54.75 $6.53 $48.22
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $54.75 $6.53 $48.22
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $54.75 $6.53 $48.22
AR GTE 6 Business Four Party Rural MRC Yes Yes $33.45 $3.99 $29.46
AR GTE 6 Coin Line MRC Yes No $37.75 N/A $37.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $32.20 N/A $32.20
AR GTE 6 Residence One Party MRC No No $12.90 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $12.90 N/A N/A
AR GTE 6 Residence Two Party MRC No No $11.00 N/A N/A
6 Schedule "B" Unimproved Exchanges /
J A C K S O N V I L L E/Outside R
AR GTE 6 Business One Party MRC Yes Yes $32.20 $3.84 $28.36
AR GTE 6 Business Manual Trunk MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $40.25 $4.80 $35.45
AR GTE 6 Business Four Party Rural MRC Yes Yes $33.45 $3.99 $29.46
AR GTE 6 Coin Line MRC Yes No $37.75 N/A $37.75
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $32.20 N/A $32.20
AR GTE 6 Residence One Party MRC No No $12.90 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $12.90 N/A N/A
AR GTE 6 Residence Two Party MRC No No $11.00 N/A N/A
6 EXTENDED AREA SERVICE RATES
6 Schedule "A" Improved Exchanges/Rate Group 1
(1-3000) EAS
AR GTE 6 Business Service MRC Yes Yes $ 8.75 $1.04 $ 7.71
AR GTE 6 Residence Service MRC No No $ 3.40 N/A N/A
6 Schedule "A" Improved Exchanges/Rate Group II
(3001-18,000) EAS
AR GTE 6 Business Service MRC Yes Yes $10.50 $1.25 $ 9.25
AR GTE 6 Residence Service MRC No No $ 3.75 N/A N/A
6 Schedule "A" Improved Exchanges /
J A C K S O N V I L L E EAS
AR GTE 6 Business Service MRC Yes Yes $13.50 $1.61 $11.89
AR GTE 6 Residence Service MRC No No $ 5.75 N/A N/A
6 Schedule "B" Unimproved Exchanges/Rate Group 1
(1-3000) Inside Rate Base Area EAS
AR GTE 6 Business One Party MRC Yes Yes $ 8.15 $0.97 $ 7.18
AR GTE 6 Business Manual Trunk MRC Yes Yes $10.15 $1.21 $ 8.94
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $13.80 $1.65 $12.15
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $13.80 $1.65 $12.15
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $13.80 $1.65 $12.15
AR GTE 6 Coin Line MRC Yes No $13.70 N/A $13.70
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $ 8.15 N/A $ 8.15
AR GTE 6 Residence One Party MRC No No $ 3.25 N/A N/A
Page 3
90
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTON TYPE POSITION POSITION RATE COST RATE
AR GTE 6 Residence Manual Trunk MRC No No $ 4.05 N/A N/A
AR GTE 6 Residence Four Party Rural MRC No No $ 3.90 N/A N/A
6 Schedule "B" Unimproved Exchanges/
Rate Group II (3001-18000)
Inside Rate Base Area EAS
AR GTE 6 Business One Party MRC Yes Yes $ 9.25 $1.10 $ 8.15
AR GTE 6 Business Manual Trunk MRC Yes Yes $11.60 $1.38 $10.22
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $15.75 $1.88 $13.87
AR GTE 6 Business Automatic Trunk/One Way In MRC Yes Yes $15.75 $1.88 $13.87
AR GTE 6 Business Automatic Trunk/One Way Out MRC Yes Yes $15.75 $1.88 $13.87
AR GTE 6 Coin Line MRC Yes No $14.80 N/A $14.80
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $ 9.25 N/A $ 9.25
AR GTE 6 Residence One Party MRC No No $ 3.55 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $ 4.65 N/A N/A
AR GTE 6 Residence Four Party Rural MRC No No $ 4.40 N/A N/A
6 Schedule "B" Unimproved Exchanges/
Rate Group JACKSONVILLE
AR GTE 6 Business One Party MRC Yes Yes $10.60 $1.26 $ 9.34
AR GTE 6 Business Manual Trunk MRC Yes Yes $16.40 $1.96 $14.44
AR GTE 6 Business Automatic Trunk/Two Way MRC Yes Yes $16.40 $1.96 $14.44
AR GTE 6 Business Automatic/One Way In MRC Yes Yes $16.40 $1.96 $14.44
AR GTE 6 Business Automatic/One Way Out MRC Yes Yes $16.40 $1.96 $14.44
AR GTE 6 Coin Line MRC Yes No $16.15 N/A $16.15
AR GTE 6 Residence One Party MRC No No $ 5.75 N/A N/A
AR GTE 6 Residence Manual Trunk MRC No No $ 5.75 N/A N/A
AR GTE 6 Customer Owned Pay Telephone MRC Yes No $10.60 N/A $10.60
AR GTE 6 Residence Four Party Rural MRC No No $ 6.05 N/A N/A
AR GTE 6 CENTRAL OFFICE OPERATOR ACCESS TRUNKS MRC Yes No $35.00 N/A $35.00
AR GTE 6 DIGITAL CENTRAL OFFICE ADDITIVE MRC Yes No $ 2.50 N/A $ 2.50
AR GTE 8 RETURNED CHECKS NRC NRC No No $15.00 N/A N/A
AR GTE 8 MULTIPLE COPIES OF CUSTOMER BILLS/PER XXXX MRC No No $ 1.00 N/A N/A
AR GTE 12 DIRECTORY LISTINGS
AR GTE 12 Regular Extra Listing - Residential - Each MRC No No $ 1.10 N/A N/A
AR GTE 12 Regular Extra Listing - Business - Each MRC No No $ 1.50 N/A N/A
AR GTE 12 Alternate Call No. Listings - Residential - Each MRC No No $ 1.10 N/A N/A
AR GTE 12 Alternate Call No. Listings - Business - Each MRC No No $ 1.50 N/A N/A
AR GTE 12 Duplicate Listings - Residential MRC No No $ 1.10 N/A N/A
AR GTE 12 Duplicate Listings - Business MRC No No $ 1.50 N/A N/A
AR GTE 12 Extra Lines of information, each line MRC No No $ 1.50 N/A N/A
Page 4
91
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DEPARTMENT TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------ ---- -------- -------- ---- ---- ----
AR GTE 12 Foreign Listings - Residential MRC No No $1.10 N/A N/A
AR GTE 12 Foreign Listings - Business MRC No No $1.50 N/A N/A
AR GTE 12 Nonlisted Service, each MRC No No $1.60 N/A N/A
AR GTE 12 Nonpublished Service, each MRC No No $1.60 N/A N/A
AR GTE 12 Residence Family Plan Directory Listing Svc. MRC No No $1.10 N/A N/A
AR GTE 13 SERVICE CHARGES
AR GTE 13 Primary Svc. Ord. Chg.-Each - Residence NRC No No $22.00 N/A N/A
AR GTE 13 Primary Svc. Ord. Chg.-Each - Bus & Coin NRC No No $22.00 N/A N/A
AR GTE 13 Primary Svc. Ord. Chg.-Each - key lines/trks NRC No No $22.00 N/A N/A
AR GTE 13 Secondary Svc. Ord. Chg.-Each - Residence NRC No No $12.00 N/A N/A
AR GTE 13 Secondary Svc. Ord. Chg.-Each - Business NRC No No $12.00 N/A N/A
AR GTE 13 Secondary Svc. Ord. Chg.-Each - key/lns/trks NRC Yes No $12.00 N/A $12.00
AR GTE 00 Xxxx Xxxxxxx Xxx.-Xxxx - Xxxxxxxxx XXX Yes No $14.70 N/A $14.70
AR GTE 13 Line Connect Chg.-Each - Business and Coin NRC Yes No $14.70 N/A $14.70
AR GTE 00 Xxxx Xxxxxxx Xxx.-Xxxx - Xxx Xxx/xxxx XXX Yes No $14.70 N/A $14.70
AR GTE 13 Trip Charge, Each - Residence NRC Yes No $20.00 N/A $20.00
AR GTE 13 Trip Charge, Each - Bus & Coin NRC Yes No $21.50 N/A $21.50
AR GTE 13 Trip Charge, Each - Key Lines and Trunks NRC Yes No $21.50 N/A $21.50
14 MISCELLANEOUS SVCS. AND EQUIPMENT
14
14 Automatic Ringdown Circuit
AR GTE 14 One way or two way automatic signalling NRC Yes No $20.00 N/A $20.00
AR GTE 14 One way or two way automatic signalling MRC Yes Yes $11.75 $1.40 $10.35
14
14 Conference Fire Reporting Systems
AR GTE 14 Fire Reporting Line MRC Yes No $27.25 N/A $27.25
AR GTE 14 Each Additional Station bridged in C.O. MRC Yes No $1.60 N/A $1.60
14
14 Fire Reporting System - Tellabs
AR GTE 14 Level A/Single Payment Option NRC Yes No $6,565.00 N/A $6,565.00
AR GTE 14 Level A/5 Year Contract MRC Yes No $137.00 N/A $137.00
AR GTE 14 Level B MRC Yes No $58.28 N/A $58.28
AR GTE 14 Each Additional Level A - Single Pymt. NRC Yes No $400.00 N/A $400.00
AR GTE 14 Each Additional Level A - 5 Yr. contract MRC Yes No $8.35 N/A $8.35
AR GTE 14 Each Additional Level B MRC Yes No $2.45 N/A $2.45
14 Mileage Charges
AR GTE 14 One-pty stations, PBX, PABX trunks, each MRC Yes Yes $1.25 $0.15 $1.10
AR GTE 14 Two-party stations, each MRC Yes Yes $0.95 $0.11 $0.84
14
14 Verification - Operator
AR GTE 14 Line verify - each occurrence MRC Yes No $1.50 N/A $1.50
14
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
------------------------------------------------------------------------------------------------------------------------------------
AR GTE 14 Reserved Telephone Number - Each - Bus MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 14 Reserved Telephone Number - Each - res MRC Yes Yes $5.00 $0.60 $4.40
14 Special Billing Numbers
AR GTE 14 Increments of 1-25 numbers MRC No No $3.15 N/A N/A
14
14 Interrupt - Local Operator
AR GTE 14 Each NRC Yes No $2.50 N/A $2.50
14 Individuline Service
AR GTE 00 Xxxxxxxxx XXX XXX Yes No $25.00 N/A $25.00
AR GTE 14 Residence MRC MRC Yes Yes $1.50 $0.18 $1.32
AR GTE 14 Business NRC NRC Yes No $50.00 N/A $50.00
AR GTE 14 Business MRC MRC Yes Yes $3.50 $0.42 $3.08
14 900 Call Restriction
AR GTE 14 Per line equipped (Business only) NRC NRC Yes No $8.00 N/A $8.00
14
14 Dial DATALINK Service
AR GTE 14 Business MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 14 Business NRC Yes No $25.00 N/A $25.00
AR GTE 14 Residence MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 14 Residence NRC Yes No $25.00 N/A $25.00
14 Operator Assisted Local Calls (Svc. Chgs.)
AR GTE 14 Customer Dialed Calling Card USAGE Yes No $0.35 N/A $0.35
AR GTE 14 Opr Station to Station - Opr. sent paid,
collect, third no, cre. card USAGE Yes No $0.90 N/A $0.90
AR GTE 14 Person to Person USAGE Yes No $2.50 N/A $2.50
14
14 Direct Inward Dialing Service
AR GTE 14 DID Trunk Terminations (Per Trunk) MRC MRC Yes Yes $25.00 $2.98 $22.02
AR GTE 14 DID Trunk Terminations (Per Trunk) NRC NRC Yes No $150.00 N/A $150.00
AR GTE 14 DID Station Numbers-Block of 20 mrc MRC Yes Yes $8.00 $0.95 $7.05
AR GTE 14 DID Station Numbers-Block of 100 mrc MRC Yes Yes $22.00 $2.62 $19.38
14 Service Performance Xxxxxxxxx
XX XXX 00 Xxxxxxxx XXX No No $100.00 X/X X/X
XX XXX 00 Xxxxxxxxx XXX No No $25.00 N/A N/A
14 Call Restriction Services
14 Toll Blocking Service
AR GTE 14 Toll blocking option 1 mrc MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 14 Toll blocking option 1 nrc NRC Yes No $10.00 N/A $10.00
AR GTE 14 Toll blocking Option 2 mrc MRC Yes Yes $3.00 $0.36 $2.64
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RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
------------------------------------------------------------------------------------------------------------------------------------
AR GTE 14 Toll blocking Option 2 nrc NRC Yes No $10.00 N/A $10.00
14 Billed Number Screening Service
AR GTE 14 Option 1 - collect/3rd No. xxxx - per line/trunk n NRC Yes No $10.00 N/A $10.00
AR GTE 14 Option 1 - collect/3rd No. xxxx - per line/trunk m MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 14 Option 2 - Third no. billing - per line/trunk n NRC Yes No $10.00 N/A $10.00
AR GTE 14 Option 2 - Third no. billing - per line/trunk m MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 14 Option 3 - Collect Billing - per line/trunk - n NRC Yes No $10.00 N/A $10.00
AR GTE 14 Option 3 - Collect Billing - per line/trunk - m MRC Yes Yes $3.00 $0.36 $2.64
14 Selective Class of Call Screening
AR GTE 14 Per line equipped MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 14 Per line equipped NRC Yes No $10.00 N/A $10.00
AR GTE 14 Per trunk equipped n NRC Yes No $10.00 N/A $10.00
AR GTE 14 Per trunk equipped m MRC Yes Yes $10.00 $1.19 $8.81
15 ADDITIONAL EXCHANGE ACCESS FACILITIES
AR GTE 15 Mileage Rates - per 1/4mile MRC Yes Yes $1.30 $0.16 $1.14
15 Off Premises PABX Stations & additional locatns
00 Xxxxxxx Xxxx Xxxxxxxxx
XX GTE 15 Loop Extender - each NRC Yes No $25.00 N/A $25.00
AR GTE 15 Loop Extender - each MRC Yes Yes $5.35 $0.64 $4.71
AR GTE 15 Bridge Lifter, each NRC Yes No $3.00 N/A $3.00
AR GTE 15 Bridge Lifter, each MRC Yes Yes $0.40 $0.05 $0.35
AR GTE 15 VF Repeater - Each NRC Yes No $25.00 N/A $25.00
AR GTE 15 VF Repeater - Each MRC Yes Yes $10.25 $1.22 $9.03
AR GTE 15 Long Line adapter - Each NRC Yes No $25.00 N/A $25.00
AR GTE 15 Long Line adapter - Each MRC Yes Yes $8.75 $1.04 $7.71
15
15 Bells-(Ringers)
AR GTE 15 Loop Extender - each NRC Yes No $25.00 N/A $25.00
AR GTE 15 Loop Extender - each MRC Yes Yes $5.35 $0.64 $4.71
AR GTE 15 Bridge Lifter, each NRC Yes No $3.00 N/A $3.00
AR GTE 15 Bridge Lifter, each MRC Yes Yes $0.40 $0.05 $0.35
AR GTE 15 VF Repeater - Each NRC Yes No $25.00 N/A $25.00
AR GTE 15 VF Repeater - Each MRC Yes Yes $10.25 $1.22 $9.03
AR GTE 15 Long Line adapter - Each NRC Yes No $25.00 N/A $25.00
AR GTE 15 Long Line adapter - Each MRC Yes Yes $8.75 $1.04 $7.71
00 Xxxxxxxxxx Xxxxxx
XX GTE 15 20 lines mrc MRC Yes Yes $110.00 $13.12 $96.88
AR GTE 15 20 lines - 3 yr. minimum terminating liability NRC Yes No $3,500.00 N/A $3,500.00
AR GTE 15 Line equipment per line NRC Yes No $25.00 N/A $25.00
AR GTE 15 Line equipment per line MRC Yes Yes $10.65 $1.27 $9.38
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RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ------- ------- -------
15 Tie Lines - INTRAexch. Mileage - Between Pts.
AR GTE 00 Xxxxxxx xxxxxx - xxxx xxxx. XXX Yes No $12.00 N/A $12.00
AR GTE 15 Between points - same bldg. MRC Yes Yes $ 1.60 $0.19 $ 1.41
AR GTE 15 Between points - diff. bldg. - same premise NRC Yes No $12.00 N/A $12.00
AR GTE 15 Between points - diff. bldg. - same premise MRC Yes Yes $ 1.60 $0.19 $ 1.41
AR GTE 15 Not same prem.-Per1/4mi. NRC Yes No $12.00 N/A $12.00
AR GTE 15 Not same prem.-Per1/4mi. - Min.Mth.Chg.$3.00 MRC Yes Yes $ 1.60 $0.19 $ 1.41
16 Custom Calling Vertical Services:
AR GTE 16 TOUCH CALL LN CHRG BUS 1-PTY PER LINE MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG BUS 2-PTY PER LINE MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG BUS 4-PTY PER LINE MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG KEY SYS PER LN MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG PBX PER TRK MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG RES 1-PTY PER LN MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG RES 2-PTY PER LN MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 TOUCH CALL LN CHRG RES 4-PTY PER LN MRC Yes Yes $ 2.00 $0.24 $ 1.76
AR GTE 16 Rotary Xxxx Line Service (Per Line) MRC Yes Yes $ 3.00 $0.36 $ 2.64
AR GTE 16 Call Waiting - Business MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Call Waiting - Residence MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Call Forwarding - Business MRC Yes Yes $ 2.50 $0.30 $ 2.20
AR GTE 16 Call Forwarding - Residence MRC Yes Yes $ 2.50 $0.30 $ 2.20
AR GTE 16 Call Forwarding Multipath - Business MRC Yes Yes $ 2.50 $0.30 $ 2.20
AR GTE 16 Call Forwarding Multipath - Residence MRC Yes Yes $ 2.50 $0.30 $ 2.20
AR GTE 16 Speed Call 8 - Business MRC Yes Yes $ 2.50 $0.30 $ 2.20
AR GTE 16 Speed Call 8 - Residence MRC Yes Yes $ 2.50 $0.30 $ 2.20
AR GTE 16 Speed Call 30 - Business MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Speed Call 30 - Residence MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Three Way Calling - One Feature - Business MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Three Way Calling - One Feature - Residence MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Last Number Redial and Saved-Number Redial - Business (GF) MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Last Number Redial and Saved-Number Redial - Residence (GF) MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Call Forward/Busy/No Answer - Business (Variable) MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Call Forward/Busy/No Answer - Residence (Variable) MRC Yes Yes $ 3.50 $0.42 $ 3.08
AR GTE 16 Smart Ring - One Feature-Business MRC Yes Yes $ 6.00 $0.72 $ 5.28
AR GTE 16 Smart Ring - One Feature - Residence MRC Yes Yes $ 6.00 $0.72 $ 5.28
AR GTE 16 Fixed Call Forwarding/Busy - Business MRC Yes Yes $ 1.25 $0.15 $ 1.10
AR GTE 16 Fixed Call Forwarding/Busy - Residence MRC Yes Yes $ 1.25 $0.15 $ 1.10
AR GTE 16 Fixed Call Forwarding/No Answer - Business MRC Yes Yes $ 1.25 $0.15 $ 1.10
AR GTE 16 Fixed Call Forwarding/No Answer - Residence MRC Yes Yes $ 1.25 $0.15 $ 1.10
AR GTE 16 Fixed Call Forwarding/Busy/No Answer - Business MRC Yes Yes $ 1.50 $0.18 $ 1.32
AR GTE 16 Fixed Call Forwarding/Busy/No Answer - Residence MRC Yes Yes $ 1.50 $0.18 $ 1.32
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COSTS RATE
-- -- --- ------------------- ---- -------- -------- ---- ----- ----
AR GTE 16 SMARTER Package - Business MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 SMARTER Package - Residence (GF) MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 16 SMARTEST Package - Business MRC Yes Yes $7.00 $0.84 $6.16
AR GTE 16 SMARTEST Package - Residence (GF) MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 Smart Ring with a Pac - Business MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 16 Smart Ring with a Pac - Residence (GF) MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 16 Remote Call Forwarding - BUS/RES - first access path MRC Yes Yes $16.00 $1.91 $14.09
AR GTE 16 Remote Call Forwarding - BUS/RES - 2nd access path MRC Yes Yes $16.00 $1.91 $14.09
16 TEL-TEEN SERVICE CUSTOM FEATURE PACKAGES (GF)
AR GTE 16 Touch Call, Three-Way Calling, Speed Call 8, Toll Control (GF) MRC Yes Yes $3.50 $0.42 $3.08
AR GTE 16 Touch Call, Call Waiting, Speed Call 8, Toll Control (GF) MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 16 Touch Call, Three-Way Calling, Toll Control (GF) MRC Yes Yes $2.00 $0.24 $1.76
AR GTE 16 Touch Call, Call Waiting, Speed Call 8 (GF) MRC Yes Yes $3.00 $0.36 $2.64
CLASS Vertical Services:
AR GTE 16 Automatic Busy Redial - Business MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 Automatic Busy Redial - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 16 Automatic Call Return - Business MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 Automatic Call Return - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 16 Call Trace - Business MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 Call Trace - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 16 Call Block - Business MRC Yes Yes $4.00 $0.48 $3.52
AR GTE 16 Call Block - Residence MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 16 Special Call Acceptance - Business MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 16 Special Call Acceptance - Residence MRC Yes Yes $2.00 $0.24 $1.76
AR GTE 16 Special Call Forwarding - Business MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 Special Call Forwarding - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 16 Special Call Waiting - Business (GF) MRC Yes Yes $6.00 $0.72 $5.28
AR GTE 16 Special Call Waiting - Residence (GF) MRC Yes Yes $5.00 $0.60 $4.40
AR GTE 16 VIP Alert - Business MRC Yes Yes $4.00 $0.48 $3.52
AR GTE 16 VIP Alert - Residence MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 16 SmartCall Pak 4400 - Residence (GF) MRC Yes Yes $8.75 $1.04 $7.71
AR GTE 16 SmartCall Pak 4900 - Residence (GF) MRC Yes Yes $13.25 $1.58 $11.67
AR GTE 16 Caller ID Number - Business MRC Yes Yes $7.95 $0.95 $7.00
AR GTE 16 Caller ID Number - Residence MRC Yes Yes $5.95 $0.71 $5.24
AR GTE 16 Selective Blocking - Business MRC Yes Yes $0.00 $0.00 $0.00
AR GTE 16 Selective Blocking - Residence MRC Yes Yes $0.00 $0.00 $0.00
AR GTE 16 Complete Blocking - Residence MRC Yes Yes $0.00 $0.00 $0.00
AR GTE 16 Complete Blocking - Business MRC Yes Yes $0.00 $0.00 $0.00
AR GTE 16 Caller ID name and number (Residence) MRC Yes Yes $6.90 $0.82 $6.08
AR GTE 16 Caller ID name and number (Business) MRC Yes Yes $8.95 $1.07 $7.88
AR GTE 16 Anonymous Caller Rejection (Residence) MRC Yes Yes $1.00 $0.12 $0.88
AR GTE 16 Anonymous Caller Rejection (Business) MRC Yes Yes $1.00 $0.12 $0.88
19 FOREIGN EXCHANGE SERVICE
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RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENREAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
--- --- --- ------------------- ------ -------- -------- ---- ---- ----
AR GTE 19 Four Wire Channel Terminal Equipment NRC Yes No $10.00 N/A $10.00
AR GTE 19 Four Wire Channel Terminal Equipment MRC Yes Yes $50.00 $5.97 $44.04
19 FOREIGN SWITCHING OFFICE SERVICE
AR GTE 19 First 1/4 mi. or fraction MRC Yes Yes $2.00 $0.24 $1.76
AR GTE 19 Each additional 1/4 mi. or fraction MRC Yes Yes $1.00 $0.12 $0.88
AR GTE 20 INTRAEXCHANGE PRIVATE LINE SVC. & CHANNELS
AR GTE 20 FULL PERIOD SERVICE
AR GTE 20 Common Battery Service
AR GTE 20 Diff. prem. airline, 0-3/4 mi. per channel NRC Yes No $7.50 N/A $7.50
AR GTE 20 Diff. prem. airline, 0-3/4 mi. per channel MRC Yes No $13.50 N/A $13.50
AR GTE 20 Each add. 1/4 mi. or fraction MRC Yes No $4.50 N/A $4.50
AR GTE 20 Between bldgs.-same prem., airline 0-1200 ft.
per channel NRC Yes No $7.50 N/A $7.50
AR GTE 20 Between bldgs.-same prem., airline 0-1200 ft.
per channel MRC Yes No $4.60 N/A $4.60
AR GTE 20 Each add. 300 feet or fraction MRC Yes No $1.15 N/A $1.15
AR GTE 20 Within same bldg. including 2 pts. of term. each MRC Yes No $2.25 N/A $2.25
AR GTE 20 Additional pts. - same bldg., each NRC Yes No $3.75 N/A $3.75
AR GTE 20 Additional pts. - same bldg., each MRC Yes No $1.15 N/A $1.15
Magneto Service
BETWEEN BLDGS. INCLUDING ONE PT. OF TERM. AT EACH END.
AR GTE 20 Diff. prem., airline, 0-3/4 mi. per channel NRC Yes No $7.50 N/A $7.50
AR GTE 20 Diff. prem., airline, 0-3/4 mi. per channel MRC Yes No $6.75 N/A $6.75
AR GTE 20 Each additional 1/4 or fraction MRC Yes No $2.25 N/A $2.25
AR GTE 00 XXXXXXX XXXXXXXXX-XXXX XXXXXXXX, XXXXXXX
XX GTE 20 0-1200 feet per channel NRC Yes No $7.50 N/A $7.50
AR GTE 20 0-1200 feet per channel MRC Yes No $2.40 N/A $2.40
AR GTE 20 Each Additional 300 feet or fraction MRC Yes No $0.60 N/A $0.60
AR GTE 20 Within same building, including two points of
termination, each. NRC Yes No $7.50 N/A $7.50
AR GTE 20 Within same building, including two points of
termination, each. MRC Yes No $2.25 N/A $2.25
20 Channels for Miscellaneous Services
AR GTE 20 Grade 1 Simplex per channel -0-4/4 mile NRC Yes No $7.50 N/A $7.50
AR GTE 20 Grade 1 Simples per channel -0-4/4 mile MRC Yes No $9.00 N/A $9.00
AR GTE 20 Grade 1 Simplex Each additional 1/4 mile
or fraction MRC Yes No $2.65 N/A $2.65
AR GTE 00 Xxxxx 0 Xxxxxx 0-0/0 xxxx XXX Yes No $7.50 N/A $7.50
AR GTE 20 Grade 1 Duplex 0-1/4 mile MRC Yes No $6.80 N/A $6.80
AR GTE 20 Grade 1 Duplex Each additional 1/4 mile
or fraction MRC Yes No $3.40 N/A $3.40
AR GTE 20 Grade 2 Simplex per channel -0-4/4 mile NRC Yes No $7.50 N/A $7.50
AR GTE 20 Grade 2 Simplex per channel -0-4/4 mile MRC Yes No $9.00 N/A $9.00
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RESALE PRODUCTS & SERVICES
GTE SOUTHWEST GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ---- -------- -------- ---- ---- ----
AR GTE 20 Grade 2 Simplex Each additional 1/4 mile or fraction MRC Yes No $2.25 N/A $2.25
AR GTE 00 Xxxxx 0 Xxxxxx 0-0/0 xxxx XXX Yes No $7.50 N/A $7.50
AR GTE 20 Grade 2 Duplex 0-1/4 mile MRC Yes No $6.80 N/A $6.80
AR GTE 20 Grade 2 Duplex Each additional1/4mile or fraction MRC Yes No $3.40 N/A $3.40
AR GTE 20 Grade 3 Simplex 0-3/4 mi. MRC Yes No $7.50 N/A $7.50
AR GTE 20 Grade 3 Simplex 0-3/4 mi. NRC Yes No $6.75 N/A $6.75
AR GTE 20 Grade 3 Simplex Each add.1/4mi. or fraction MRC Yes No $2.25 N/A $2.25
20 Local Channels
AR GTE 20 Music station to music customer 0-3/4mile NRC Yes No $7.50 N/A $7.50
AR GTE 20 Music station to music customer 0-3/4mile MRC Yes No $6.75 N/A $6.75
AR GTE 20 Music Each add.1/4mi. or fraction thereof NRC Yes No $2.25 N/A $2.25
AR GTE 20 Channel from bridging cust. to music cust.
per1/4mi. or fraction NRC Yes No $7.50 N/A $7.50
AR GTE 20 Channel from bridging cust. to music cust.
per1/4mi. or fraction NRC Yes No $2.25 N/A $2.25
AR GTE 20 Equilizing charge per channel NRC Yes No $15.00 N/A $15.00
AR GTE 20 Bridge amplifier - accomodate 50 terminals NRC Yes No $7.50 N/A $7.50
AR GTE 20 Bridge amplifier - accomodate 50 terminals MRC Yes No $70.50 N/A $70.50
AR GTE 20 Bridge amplifier - accomodate 100 terminals NRC Yes No $7.50 N/A $7.50
AR GTE 20 Bridge amplifier - accomodate 100 terminals MRC Yes No $70.50 N/A $70.50
AR GTE 20 Bridge amplifier - accomodate 150 terminals NRC Yes No $7.50 N/A $7.50
AR GTE 20 Bridge amplifier - accomodate 150 terminals MRC Yes No $79.75 N/A $79.75
21 MOBILE TELEPHONE SERVICE
AR GTE 21 Base Station Service, per unit MRC Yes Yes $11.50 $1.37 $10.13
AR GTE 21 Local exchange access per unit (see Sec. 13
for svc. ord. charges NRC Yes No sec 13 N/A $0.00
AR GTE 21 Local msg. chg. - First 5 min. or frac thereafter USAGE Yes Yes $0.50 $0.06 $0.44
AR GTE 21 Each minute thereafter USAGE Yes Yes $0.10 $0.01 $0.09
DIRECTORY ASSISTANCE SERVICE
AR GTE 38 Customer Dialed Calling Card USAGE Yes No $0.35 N/A $0.35
AR GTE 38 All other (Opr.assist sent paid,third no.,
credit card) USAGE Yes No $0.90 N/A $0.90
AR GTE 38 One call allowance; Additional calls USAGE Yes No $0.40 N/A $0.40
AR GTE 38 Directory Connect Plus Service USAGE Yes No $0.50 N/A $0.50
22 SWITCHED DATA CUSTOMER LINE SERVICES
AR GTE 00 XX Xxxx Xxxx Xx Svcs - Low Speed Single Ln. MRC Yes Yes $50.00 $5.97 $44.04
AR GTE 00 XX Xxxx Xxxx Xx Svcs - Low Speed Single Ln.
INSTALL NRC NRC Yes No $50.00 N/A $50.00
AR GTE 00 XX Xxxx Xxxx Xx Svcs - Low Speed CentraNet MRC Yes Yes $50.00 $5.97 $44.04
AR GTE 00 XX Xxxx Xxxx Xx Svcs - Low Speed CentraNet
INSTALL NRC NRC Yes No $50.00 N/A $50.00
AR GTE 00 XX Xxxx Xxxx Xx Svcs - High Speed Single Ln. MRC Yes Yes $50.00 $5.97 $44.04
AR GTE 00 XX Xxxx Xxxx Xx Svcs - High Speed Single Ln.
INSTALL NRC NRC Yes No $12.00 N/A $12.00
AR GTE 00 XX Xxxx Xxxx Xx Svcs - High Speed CentraNet MRC Yes Yes $50.00 $5.97 $44.04
AR GTE 00 XX Xxxx Xxxx Xx Svcs - High Speed CentraNet
INSTALL NRC NRC Yes No $15.00 N/A $15.00
AR GTE 22 Central Office Termination MRC Yes Yes $150.00 $17.90 $132.11
AR GTE 00 Xxxxxxx Xxxxxx Xxxxxxxxxxx XXXXXXX XXX XXX Yes No $125.00 N/A $125.00
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- -- --- ------------------- ------- -------- -------- ---- ---- ----
AR GTE 22 Central Office Channelization MRC Yes Yes $5.00 $0.60 $4.40
22 Optional Services
AR GTE 22 Data Direct Connect MRC Yes Yes $1.00 $0.12 $0.88
AR GTE 22 Data Closed User Group MRC Yes Yes $1.00 $0.12 $0.88
AR GTE 22 Voice Option MRC Yes Yes $0.00 $0.00
AR GTE 22 Feature Package Data 1000 MRC Yes Yes $3.00 $0.36 $2.64
AR GTE 22 Software Reconfiguration NRC NRC Yes No $12.75 N/A $12.75
Switched Data Network Usage
AR GTE 22 Local call setup Usage Yes Yes $0.02 $0.00 $0.02
AR GTE 22 Each add. mou - local Usage Yes Yes $0.01 $0.00 $0.01
AR GTE 22 Band A 1-10 Airline Mi. Set up Usage Yes Yes $0.03 $0.00 $0.03
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.04 $0.00 $0.04
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.05 $0.01 $0.04
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.06 $0.01 $0.05
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.07 $0.01 $0.06
AR GTE 22 Band A 1-10 Airline Mi. each min Usage Yes Yes $0.03 $0.00 $0.03
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. each min Usage Yes Yes $0.05 $0.01 $0.04
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. each min Usage Yes Yes $0.08 $0.01 $0.07
AR GTE 22 Band D 23-30 Airline Mi. each min Usage Yes Yes $0.09 $0.01 $0.08
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. each min Usage Yes Yes $0.011 $0.01 $0.10
SWITCHED DAT NETWORK USAGE WITH 40% DISCOUNT
AR GTE 22 Local call setup Usage Yes Yes $0.012 $0.001 $0.011
AR GTE 22 Each add. mou - local Usage Yes Yes $0.006 $0.001 $0.005
AR GTE 22 Band A 1-10 Airline Mi. Set up Usage Yes Yes $0.018 $0.002 $0.016
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.024 $0.003 $0.021
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.030 $0.004 $0.026
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.036 $0.004 $0.032
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. Set up Usage Yes Yes $0.042 $0.005 $0.037
AR GTE 22 Band A 1-10 Airline Mi. each min Usage Yes Yes $0.018 $0.002 $0.016
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. each min Usage Yes Yes $0.030 $0.004 $0.026
AR GTE 22 Band C 17-22 Airline Mi. each min Usage Yes Yes $0.048 $0.006 $0.042
AR GTE 22 Band D 23-30 Airline Mi. each min Usage Yes Yes $0.054 $0.006 $0.048
AR GTE 00 Xxxx X 00-00 Xxxxxxx Xx. each min Usage Yes Yes $0.066 $0.008 $0.058
AR GTE 23 ANSWER SUPERVISION - PER LINE MRC Yes No $5.55 N/A $5.55
26 TELEPHONE SERVICE PRIORITY (TSP) SYSTEM
AR GTE 26 Establishment per access line/circuit NRC Yes No $14.50 N/A $14.50
AR GTE 26 Restoration priority per access line
or circuit MRC Yes Yes $4.90 $0.58 $4.32
27 ANNOUNCEMENT SYSTEM SERVICE
AR GTE 27 Digit -Eater Trunk per trunk NRC Yes No $200.00 N/A $200.00
27 Digit -Eater MRC Yes Yes $4.50 $0.54 $3.96
Page 12
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GTE ARKANSAS SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------- -------- -------- ----- ------- ------
28 NETWORK SERVICES
AR GTE 28 Cust. Controllable Ring per end user line arranged MRC Yes Yes $ 1.00 $ 0.12 $ 0.88
AR GTE 28 Data Link per link arranged NRC Yes No $500.00 N/A $500.00
AR GTE 28 Data Link per link arranged MRC Yes Yes $300.00 $35.79 $264.21
AR GTE 28 Five Feature Package per end user Line arranged MRC Yes Yes $ 2.75 $ 0.33 $ 2.42
AR GTE 28 Forwarded Call Information Intraoffice per end user
line arranged MRC Yes Yes $ 1.00 $ 0.12 $ 0.88
AR GTE 28 Msg. Waiting Indication-Audible Per end user line arranged MRC Yes Yes $ 0.50 $ 0.06 $ 0.44
AR GTE 28 Msg. Waiting Audible Ring Burst per end user line arranged MRC Yes Yes $ 1.50 $ 0.18 $ 1.32
AR GTE 28 3 svc. pac - Fixed Call Fwd, Bus/No ans, Msg. wait, Fwd.
Call Info. MRC Yes Yes $ 2.00 $ 0.24 $ 1.76
AR GTE 28 Queuing per Line or trunk arranged MRC Yes Yes $ 1.50 $ 0.18 $ 1.32
AR GTE 28 User Transfer per ln or trunk arranged MRC Yes Yes $ 1.50 $ 0.18 $ 1.32
47 Centranet Service
AR GTE 47 Svc. Chgs. - 3-25 lines -line connection chg NRC Yes No $ 6.30 N/A $ 6.30
AR GTE 47 Svc. Chgs. - 26-50 lines -line connection chg NRC Yes No $ 3.09 N/A $ 3.09
AR GTE 47 Svc. Chgs. - 51-100 lines -line connection chg NRC Yes No $ 2.32 N/A $ 2.32
00 Xxxxxxxxx Xxxxxxx Xxxx
XX GTE 47 Month to Month - 3-25 lns, per line MRC Yes Yes $ 16.75 $ 2.00 $ 14.75
AR GTE 47 Month to Month - 26-50 lns, per line MRC Yes Yes $ 16.50 $ 1.97 $ 14.53
AR GTE 47 12 mo. contract - 51-100 lns per line MRC Yes Yes $ 16.25 $ 1.94 $ 14.31
AR GTE 47 36 mo. contract 51-100 lns per line MRC Yes Yes $ 16.00 $ 1.91 $ 14.09
47 Centranet Network Access Connection
AR GTE 47 Rate Group I MRC Yes No $ 28.64 N/A $ 28.64
AR GTE 47 Rate Group II MRC Yes No $ 33.74 N/A $ 33.74
AR GTE 47 Rate Group III MRC Yes No $ 35.09 N/A $ 35.09
AR GTE 47 Feature Series 1000 per line MRC Yes Yes $ 2.00 $ 0.24 $ 1.76
AR GTE 47 Feature Series 2000 per line MRC Yes Yes $ 2.30 $ 0.27 $ 2.03
AR GTE 47 Feature Series 3000 per line MRC Yes Yes $ 2.50 $ 0.30 $ 2.20
47 Centranet System Features
AR GTE 47 Attendant Data Link Console Interface MRC Yes Yes $ 90.00 $10.74 $ 79.26
AR GTE 47 Attendant Flexible Night Answer MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Attendant Identification Multiple Directory Numbers MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Attendant Non-Data Link console Interface MRC Yes Yes $ 35.00 $ 4.18 $ 30.82
AR GTE 47 Attendant Pre-Determined Night Answer (PNA) MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 00 Xxxxxxxxx Xxxxxxxxx Xxxxx Xxxxxx (XXX) MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Authorization code MRC Yes Yes $ 1.00 $ 0.12 $ 0.88
AR GTE 47 automatic Route Selection MRC Yes Yes $175.00 $20.88 $154.12
Page 13
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
AR GTE 47 Code Call Access MRC Yes Yes $ 25.00 $ 2.98 $ 22.02
AR GTE 47 Conference Call, 8 port MRC Yes Yes $ 60.00 $ 7.16 $ 52.84
AR GTE 47 Dictation Access and Control MRC Yes Yes $ 25.00 $ 2.98 $ 22.02
AR GTE 47 Fx Access MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 47 Limited Automatic Call distribution, per Group MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Music on hold MRC Yes Yes $ 25.00 $ 2.98 $ 22.02
AR GTE 47 Paging/Public Address Access MRC Yes Yes $ 25.00 $ 2.98 $ 22.02
AR GTE 47 Pilot Number MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Preferential Hunting per line MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Priority queuing MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Proprietary Set Interface MRC Yes Yes $ 5.00 $ 0.60 $ 4.40
AR GTE 47 Pseudo Number MRC Yes Yes $ 6.00 $ 0.72 $ 5.28
AR GTE 47 Recorded Announcement MRC Yes Yes $ 50.00 $ 5.97 $ 44.04
AR GTE 47 Speed Call 30 (System) MRC Yes Yes $ 0.25 $ 0.03 $ 0.22
AR GTE 47 Station Message Detail Recording, per line MRC Yes Yes $ 0.30 $ 0.04 $ 0.26
AR GTE 47 Stop xxxx MRC Yes Yes $ 1.00 $ 0.12 $ 0.88
AR GTE 47 Terminal Make Busy MRC Yes Yes $ 1.25 $ 0.15 $ 1.10
AR GTE 47 Tie Facility Access MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 47 T1 access MRC Yes Yes $100.00 $ 11.93 $ 88.07
AR GTE 47 WATS Access MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 47 800 Service MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
47 Centranet Data Base Changes
AR GTE 47 Major Software Additions -Add Customized Dialing plan NRC Yes No $100.00 N/A $100.00
AR GTE 47 Major Software Additions -Add Cust. Requested DataBase profile NRC Yes No $100.00 N/A $100.00
AR GTE 47 Routine - Change Trunk Group NRC Yes No $ 50.00 N/A $ 50.00
AR GTE 47 Routine - Change non-Data-Link Attendant NRC Yes No $ 50.00 N/A $ 50.00
AR GTE 47 Routine Change Customer Recording NRC Yes No $ 50.00 N/A $ 50.00
AR GTE 47 Routine Change - ARS Translations NRC Yes No $ 50.00 N/A $ 50.00
AR GTE 47 Routine Changer Translations Tables NRC Yes No $ 50.00 N/A $ 50.00
AR GTE 47 Other data base additions/changes NRC Yes No $ 50.00 N/A $ 50.00
AR GTE 47 Minor Software Changes
AR GTE 47 Change subgroup NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Xxxx Groups NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 ACD xxxx group NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Simulated Facility Group NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Queuing groups NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Night Answer NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Paging/Public Address/code Calling NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Conference Calling NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Remote Access Directory Number NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Authorization Code Validation NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Music on hold Access NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Dictation Link Access NRC Yes No $ 25.00 N/A $ 25.00
AR GTE 47 Standard Recording NRC Yes No $ 25.00 N/A $ 25.00
Page 14
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
AR GTE 47 Extended Pick up Code NRC Yes No $25.00 N/A $25.00
AR GTE 47 Executive Busy Override NRC Yes No $25.00 N/A $25.00
AR GTE 47 Add Line Features NRC Yes No $25.00 N/A $25.00
G R A N D F A T H E R E D S E R V I C E S
6 Schedule "B" Unimproved Exc./Rate Group II
(3001 -18,000) Inside Rate Base Area
AR GTE 6 Residence Two Party MRC No No $ 9.65 N/A N/A
6 Schedule "B" Unimproved Exc./Rate Group II
(3001 -18,000) Inside Rate Base Area
AR GTE 6 Residence Two Party MRC No No $11.00 N/A N/A
6 Schedule "B" Unimproved Exchanges / JACKSONVILLE/
Inside Rate Base Area
AR GTE 6 Residence Two Party MRC No No $11.00 N/A N/A
6 Schedule "B" Unimproved Exchanges/Rate Group 1
(1-3000) Outside Rat
AR GTE 6 Residence Four Party Rural MRC No No $11.65 N/A N/A
6 Schedule "B" Unimproved Exc./Rate Group II
(3001 -18,000) Outside Rate Base Area
AR GTE 6 Residence Four Party Rural MRC No No $13.40 N/A N/A
6 Schedule "B" Unimproved Exchanges/
JACKSONVILLE/Outside R
AR GTE 6 Residence Four Party Rural MRC No No $13.40 N/A N/A
6 EXTENDED AREA SERVICE RATES
6 Schedule "B" Unimproved Exchanges/Rate Group 1
(1-3000) Inside Rate Base Area EAS
AR GTE 6 Business Four Party Rural MRC Yes Yes $ 9.75 $ 1.16 $ 8.59
AR GTE 6 Residence Two Party MRC No No $ 2.75 N/A N/A
6 Schedule "B" Unimproved Exchanges/Rate Group II
(3001-18000) Inside Rate Base Area EAS
AR GTE 6 Business Four Party Rural MRC Yes Yes $11.10 $ 1.32 $ 9.78
AR GTE 6 Residence Two Party MRC No No $ 3.15 N/A N/A
6 Schedule "B" Unimproved Exchanges/Rate Group
JACKSONVILLE
AR GTE 6 Residence Two Party MRC No No $ 4.95 N/A N/A
AR GTE 16 Standard Pac-call wait, call fwd per line - bus. MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 16 Standard Pac-call wait, call fwd per line - res MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 16 Standard Pac-call wait, speed call 8 per line - bus MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 16 Standard Pac-call wait, speed call 8 per line - res MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 16 Standard Pac-call wait, speed call 30 per line - bus MRC Yes Yes $ 4.00 $ 0.48 $ 3.52
AR GTE 16 Standard Pac-call wait, speed call 30 per line - res MRC Yes Yes $ 4.00 $ 0.48 $ 3.52
AR GTE 16 Standard Pac-call fwd, speed call 8 per line - bus MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
AR GTE 16 Standard Pac-call fwd, speed call 8 per line - res MRC Yes Yes $ 3.00 $ 0.36 $ 2.64
Page 15
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
AR GTE 16 Standard Pac-call fwd, speed call 30 per line - bus MRC Yes Yes $4.00 $0.48 $ 3.52
AR GTE 16 Standard Pac-call fwd, speed call 30 per line - res MRC Yes Yes $4.00 $0.48 $ 3.52
AR GTE 16 Deluxe Pac-call wait, call fwd, speed call 8 per line - bus MRC Yes Yes $5.00 $0.60 $ 4.40
AR GTE 16 Deluxe Pac-call wait, call fwd, speed call 8 per line - res MRC Yes Yes $5.00 $0.60 $ 4.40
AR GTE 16 Deluxe Pac-call wait, call fwd, speed call 30 per line - bus MRC Yes Yes $6.00 $0.72 $ 5.28
AR GTE 16 Deluxe Pac-call wait, call fwd, speed call 30 per line - res MRC Yes Yes $6.00 $0.72 $ 5.28
AR GTE 16 Smart Call Pak -call wait, Call fwd, per line - bus MRC Yes Yes $5.00 $0.60 $ 4.40
AR GTE 16 Smart Call Pak -call wait, Call fwd, per line - res MRC Yes Yes $4.00 $0.48 $ 3.52
Page 16
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
SWB PRIVATE LINE TARIFF
IntraLATA Interexchange Private Lines
2 Series 100
Type 102
AR GTE Local Channel, ea NRC Yes No $225.00 N/A $225.00
AR GTE Local Channel, ea MRC Yes No $22.00 N/A $22.00
AR GTE Interoffice Channel, ea mi MRC Yes No $4.00 N/A $4.00
AR GTE Interoffice Channel Terminal, per channel MRC Yes No $14.25 N/A $14.25
2 IX Channel
AR GTE 0 to 250 mi ea mi MRC Yes No $5.75 N/A $5.75
AR GTE Ea additional mi over 250 MRC Yes No $3.90 N/A $3.90
AR GTE IX Channel Terminal ea, 2 required per IX channel MRC Yes No $10.75 N/A $10.75
2 Series 200
Type 250
Interoffice Channel
AR GTE Half-duplex MRC Yes No $5.00 N/A $5.00
AR GTE Duplex MRC Yes No $8.00 N/A $8.00
2 Interoffice Channel Terminal, per terminal
AR GTE Half-duplex MRC Yes No $2.60 N/A $2.60
AR GTE Duplex MRC Yes No $2.60 N/A $2.60
IX Channel, ea mi
Half-duplex
AR GTE 0 to 250 mi, ea mi MRC Yes No $4.70 N/A $4.70
AR GTE Ea additional mi over 250 MRC Yes No $4.70 N/A $4.70
Duplex
AR GTE 0 to 250 mi, ea mi MRC Yes No $4.70 N/A $4.70
Ea additional mi over 250
IX Channel Terminal
AR GTE Half-duplex MRC Yes No $53.00 N/A $53.00
AR GTE Duplex MRC Yes No $55.00 N/A $55.00
2 Type 251
Interoffice Channel
AR GTE Half-duplex MRC Yes No $5.00 N/A $5.00
AR GTE Duplex MRC Yes No $8.00 N/A $8.00
2 Interoffice Channel Terminal
AR GTE Half-duplex MRC Yes No $2.60 N/A $2.60
AR GTE Duplex MRC Yes No $2.60 N/A $2.60
IX Channel, ea
Half-duplex
AR GTE 0 to 250 mi, ea mi MRC Yes No $2.90 N/A $2.90
AR GTE Ea additional mi over 250 MRC Yes No $2.90 N/A $2.90
Duplex
AR GTE 0 to 250 mi, ea mi MRC Yes No $2.90 N/A $2.90
Ea additianl mi over 250 $2.90
Page 17
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ ------- -------- ----- ------- -----
IX Channel Terminal
AR GTE Half-duplex MRC Yes No $47.00 N/A $47.00
AR GTE Duplex MRC Yes No $47.00 N/A $47.00
2 Series 400
Local Channel, ea
AR GTE Type 414B MRC Yes No $66.00 N/A $66.00
AR GTE Type 414B NRC Yes No $590.00 N/A $590.00
AR GTE Type 414C NRC Yes No $445.00 N/A $445.00
AR GTE Type 415 MRC Yes No $21.00 N/A $21.00
AR GTE Type 415 NRC Yes No $155.00 N/A $155.00
AR GTE Type 417A MRC Yes No $35.50 N/A $35.50
AR GTE Type 417A NRC Yes No $360.00 N/A $360.00
AR GTE Type 417B MRC Yes No $35.50 N/A $35.50
AR GTE Type 417B NRC Yes No $410.00 N/A $410.00
AR GTE Type 420 MRC Yes No $52.00 N/A $52.00
AR GTE Type 420 NRC Yes No $290.00 N/A $290.00
AR GTE Type 422 MRC Yes No $51.00 N/A $51.00
AR GTE Type 422 NRC Yes No $295.00 N/A $295.00
AR GTE Type 423 MRC Yes No $21.00 N/A $21.00
AR GTE Type 423 NRC Yes No $270.00 N/A $270.00
AR GTE Type 424 MRC Yes No $53.00 N/A $53.00
AR GTE Type 424 NRC Yes No $340.00 N/A $340.00
AR GTE Type 425 MRC Yes No $38.00 N/A $38.00
AR GTE Type 425 NRC Yes No $280.00 N/A $280.00
AR GTE Type 428 MRC Yes No $23.50 N/A $23.50
AR GTE Type 428 NRC Yes No $260.00 N/A $260.00
AR GTE Type 432 MRC Yes No $47.00 N/A $47.00
AR GTE Type 432 NRC Yes No $470.00 N/A $470.00
AR GTE Type 435 MRC Yes No $54.00 N/A $54.00
AR GTE Type 435 NRC Yes No $260.00 N/A $260.00
AR GTE Type 442 MRC Yes No $21.75 N/A $21.75
AR GTE Type 442 NRC Yes No $265.00 N/A $265.00
AR GTE Type 443 MRC Yes No $57.00 N/A $57.00
AR GTE Type 443 NRC Yes No $275.00 N/A $275.00
AR GTE 2 Interoffice Channel ea mi MRC Yes No $7.75 N/A $7.75
AR GTE Interoffice Channel Terminal,
per terminal MRC Yes No $3.20 N/A $3.20
IX Channel, per mile
AR GTE 0 to 250 mi, ea mi MRC Yes No $4.70 N/A $4.70
AR GTE Ea additional mi over 250 MRC Yes No $3.20 N/A $3.20
2 IX Channel Terminal, per Terminal,
2 required per ch.
AR GTE Type 414B MRC Yes No $33.00 N/A $33.00
AR GTE Type 414C MRC Yes No $33.00 N/A $33.00
AR GTE Type 417A MRC Yes No $33.00 N/A $33.00
AR GTE Type 417B MRC Yes No $33.00 N/A $33.00
AR GTE Type 420 MRC Yes No $33.00 N/A $33.00
Page 18
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
AR GTE Type 422 MRC Yes No $33.00 N/A $33.00
AR GTE Type 423 MRC Yes No $33.00 N/A $33.00
AR GTE Type 424 MRC Yes No $33.00 N/A $33.00
AR GTE Type 425 MRC Yes No $33.00 N/A $33.00
AR GTE Type 428 MRC Yes No $33.00 N/A $33.00
AR GTE Type 432 MRC Yes No $33.00 N/A $33.00
AR GTE Type 435 MRC Yes No $33.00 N/A $33.00
AR GTE Type 442 MRC Yes No $33.00 N/A $33.00
AR GTE Type 443 MRC Yes No $33.00 N/A $33.00
AR GTE 2 Bridging Charge, (Multi-point Serv.)
per channel bridged MRC Yes No $9.50 N/A $9.50
2 Signaling Arrangements
IX IntraLATA
AR GTE Manual (J1B) MRC Yes No $20.75 N/A $20.75
AR GTE Manual (J1B) NRC Yes No $75.00 N/A $75.00
AR GTE Automatic (J1A) MRC Yes No $15.00 N/A $15.00
AR GTE Automatic (J1A) NRC Yes No $75.00 N/A $75.00
0 X & X Xxxx Xxxxxxxxx
XX GTE Type 420 MRC Yes No $12.25 N/A $12.25
AR GTE Type 420 NRC Yes No $75.00 N/A $75.00
AR GTE Type 422 MRC Yes No $12.25 N/A $12.25
AR GTE Type 422 NRC Yes No $75.00 N/A $75.00
AR GTE Type 423 MRC Yes No $23.00 N/A $23.00
AR GTE Type 423 NRC Yes No $75.00 N/A $75.00
AR GTE Type 424 MRC Yes No $12.50 N/A $12.50
AR GTE Type 424 NRC Yes No $75.00 N/A $75.00
AR GTE Type 425 MRC Yes No $27.50 N/A $27.50
AR GTE Type 425 NRC Yes No $75.00 N/A $75.00
AR GTE Type 428 MRC Yes No $14.25 N/A $14.25
AR GTE Type 428 NRC Yes No $75.00 N/A $75.00
AR GTE Type 435 MRC Yes No $14.25 N/A $14.25
AR GTE Type 435 NRC Yes No $75.00 N/A $75.00
Loop Signaling, capable of 900
ohms or more
AR GTE Type 420 MRC Yes No $12.25 N/A $12.25
AR GTE Type 420 NRC Yes No $75.00 N/A $75.00
AR GTE Type 422 MRC Yes No $8.25 N/A $8.25
AR GTE Type 422 NRC Yes No $75.00 N/A $75.00
AR GTE Type 423 MRC Yes No $8.75 N/A $8.75
AR GTE Type 423 NRC Yes No $75.00 N/A $75.00
AR GTE Type 435 MRC Yes No $7.50 N/A $7.50
AR GTE Type 435 NRC Yes No $75.00 N/A $75.00
Loop Signaling, capable of less
than 900 ohms
AR GTE Type 420 MRC Yes No $18.50 N/A $18.50
AR GTE Type 420 NRC Yes No $75.00 N/A $75.00
AR GTE Type 422 MRC Yes No $15.25 N/A $15.25
AR GTE Type 422 NRC Yes No $75.00 N/A $75.00
Page 19
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
Billing Resale Discount Retail Avoided Resale
St Co Sec Service Description Type Position Position Rate Cost Rate
-- --- --- ------------------- ------ ------- -------- ----- ------- -----
AR GTE Type 423 MRC Yes No $10.50 N/A $10.50
AR GTE Type 423 NRC Yes No $75.00 N/A $75.00
AR GTE Type 435 MRC Yes No $12.00 N/A $12.00
AR GTE Type 435 NRC Yes No $75.00 N/A $75.00
AR GTE Type A, resistance in the range of 0-199 ohms MRC Yes No $6.25 N/A $6.25
AR GTE Type A, resistance in the range of 0-199 ohms NRC Yes No $75.00 N/A $75.00
AR GTE Type B, resistance in the range of 200 to 899 ohms MRC Yes No $3.80 N/A $3.80
AR GTE Type B, resistance in the range of 200 to 899 ohms NRC Yes No $75.00 N/A $75.00
AR GTE Type C, resistance of 900 ohms or more MRC Yes No $1.50 N/A $1.50
AR GTE Type C, resistance of 900 ohms or more NRC Yes No $75.00 N/A $75.00
Page 20
000
XXX XXXXXXXXX XXXXXXXX
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
Billing Resale Discount Retail Avoided Resale
St Co Sec Service Description Type Position Position Rate Cost Rate
-- --- --- ------------------- ------ ------- -------- ----- ------- -----
ST CO Tariff GTE Long Distance Telecommunications Services:
IntraLATA Two Point Service:
Day Rate:
Initial Minute:
AR GTE .D.MTS 1 to 8 Miles USAGE Yes Yes $0.10 $0.01 $0.09
AR GTE .D.MTS 9 to 12 Miles USAGE Yes Yes $0.12 $0.01 $0.11
AR GTE .D.MTS 13 to 16 Miles USAGE Yes Yes $0.15 $0.02 $0.13
AR GTE .D.MTS 17 to 21 Miles USAGE Yes Yes $0.18 $0.02 $0.16
AR GTE .D.MTS 22 to 26 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 27 to 31 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 32 to 41 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 42 to 56 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 57 to 71 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 72 to 87 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 88 to 127 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS Over 128 Miles USAGE Yes Yes $0.23 $0.03 $0.20
Each Additional Minute:
AR GTE .D.MTS 1 to 8 Miles USAGE Yes Yes $0.08 $0.01 $0.07
AR GTE .D.MTS 9 to 12 Miles USAGE Yes Yes $0.10 $0.01 $0.09
AR GTE .D.MTS 13 to 16 Miles USAGE Yes Yes $0.12 $0.01 $0.11
AR GTE .D.MTS 17 to 21 Miles USAGE Yes Yes $0.15 $0.02 $0.13
AR GTE .D.MTS 22 to 26 Miles USAGE Yes Yes $0.18 $0.02 $0.16
AR GTE .D.MTS 27 to 31 Miles USAGE Yes Yes $0.20 $0.02 $0.18
AR GTE .D.MTS 32 to 41 Miles USAGE Yes Yes $0.22 $0.03 $0.19
AR GTE .D.MTS 42 to 56 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 57 to 71 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 72 to 87 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS 88 to 127 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR GTE .D.MTS Over 128 Miles USAGE Yes Yes $0.23 $0.03 $0.20
Evening Rate:
Initial Minute:
AR GTE .D.MTS 1 to 8 Miles USAGE Yes Yes $0.0831 $0.0099 $0.0732
AR GTE .D.MTS 9 to 12 Miles USAGE Yes Yes $0.0997 $0.0119 $0.0878
AR GTE .D.MTS 13 to 16 Miles USAGE Yes Yes $0.1246 $0.0149 $0.1097
AR GTE .D.MTS 17 to 21 Miles USAGE Yes Yes $0.1496 $0.0178 $0.1318
AR GTE .D.MTS 22 to 26 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 27 to 31 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 32 to 41 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 42 to 56 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 57 to 71 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 72 to 87 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 88 to 127 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS Over 128 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
Each Additional Minute:
AR GTE .D.MTS 1 to 8 Miles USAGE Yes Yes $0.0665 $0.0079 $0.0586
Page 21
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GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ------ ------- ------
AR GTE .D.MTS 9 to 12 Miles USAGE Yes Yes $0.0831 $0.0099 $0.0732
AR GTE .D.MTS 13 to 16 Miles USAGE Yes Yes $0.0997 $0.0119 $0.0878
AR GTE .D.MTS 17 to 21 Miles USAGE Yes Yes $0.1246 $0.0149 $0.1097
AR GTE .D.MTS 22 to 26 Miles USAGE Yes Yes $0.1496 $0.0178 $0.1318
AR GTE .D.MTS 27 to 31 Miles USAGE Yes Yes $0.1662 $0.0198 $0.1464
AR GTE .D.MTS 32 to 41 Miles USAGE Yes Yes $0.1828 $0.0218 $0.1610
AR GTE .D.MTS 42 to 56 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 57 to 71 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 72 to 87 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS 88 to 127 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR GTE .D.MTS Over 128 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
Night/Weekend Rate:
Initial Minute:
AR GTE .D.MTS 1 to 8 Miles USAGE Yes Yes $0.0550 $0.0066 $0.0484
AR GTE .D.MTS 9 to 12 Miles USAGE Yes Yes $0.0660 $0.0079 $0.0581
AR GTE .D.MTS 13 to 16 Miles USAGE Yes Yes $0.0825 $0.0098 $0.0727
AR GTE .D.MTS 17 to 21 Miles USAGE Yes Yes $0.0990 $0.0118 $0.0872
AR GTE .D.MTS 22 to 26 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 27 to 31 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 32 to 41 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 42 to 56 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 57 to 71 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 72 to 87 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 88 to 127 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS Over 128 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
Each Additional Minute:
AR GTE .D.MTS 1 to 8 Miles USAGE Yes Yes $0.0440 $0.0052 $0.0388
AR GTE .D.MTS 9 to 12 Miles USAGE Yes Yes $0.0550 $0.0066 $0.0484
AR GTE .D.MTS 13 to 16 Miles USAGE Yes Yes $0.0660 $0.0079 $0.0581
AR GTE .D.MTS 17 to 21 Miles USAGE Yes Yes $0.0825 $0.0098 $0.0727
AR GTE .D.MTS 22 to 26 Miles USAGE Yes Yes $0.0990 $0.0118 $0.0872
AR GTE .D.MTS 27 to 31 Miles USAGE Yes Yes $0.1100 $0.0131 $0.0969
AR GTE .D.MTS 32 to 41 Miles USAGE Yes Yes $0.1210 $0.0144 $0.1066
AR GTE .D.MTS 42 to 56 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 57 to 71 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 72 to 87 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS 88 to 127 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS Over 128 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR GTE .D.MTS Service Charge - Dial Calling
Card - Station to Station USAGE Yes No $0.35 N/A $0.35
AR GTE .D.MTS Service Charge - Operator -
Station to Station USAGE Yes No $0.90 N/A $0.90
AR GTE .D.MTS Service Charge - Person to
Person USAGE Yes No $2.50 N/A $2.50
AR GTE .D.MTS Enterprise Service MRC Yes No $4.40 N/A $4.40
Page 22
109
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
Billing Resale Discount Retail Avoided Resale
St Co Sec Service Description Type Position Position Rate Cost Rate
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
AR GTE .D.MTS Selective Class of Call Screening MRC Yes Yes $53.00 $6.32 $46.68
AR GTE .D.MTS Selective Class of Call Screening NRC Yes No $340.00 N/A $340.00
AR GTE .D.MTS PrePaid Calling Card Service (per minute) USAGE Yes Yes $0.40 $0.05 $0.35
Conference Service:
AR GTE .D.MTS Conference Call Set-Up Charge USAGE Yes No $1.50 N/A $1.50
Conference Call Per Minute of Use Charge:
AR GTE .D.MTS 0-26 Miles USAGE Yes No $0.05 N/A $0.05
AR GTE .D.MTS 27-71 Miles USAGE Yes No $0.10 N/A $0.10
AR GTE .D.MTS Over 71 Miles USAGE Yes No $0.15 N/A $0.15
IntraLATA Optional Toll Calling Plans:
Extended Community Saver:
Residence:
Block-of-Time:
AR GTE OCP Monthly Rate for First Hour MRC Yes Yes $2.70 $0.32 $2.38
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.045 $0.005 $0.040
Business:
Block-of-Time:
AR GTE OCP Monthly Rate for First Hour MRC Yes Yes $2.70 $0.32 $2.38
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.045 $0.005 $0.040
Residence:
AR GTE OCP Unlimited Usage MRC No No $16.20 N/A N/A
Business:
AR GTE OCP Unlimited Usage MRC Yes Yes $18.00 $2.15 $15.85
Circle Saver:
Residence Block-of-Time:
41 Mile Radius:
AR GTE OCP Monthly Rate for First Hour MRC Yes Yes $6.00 $0.72 $5.28
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
Business Block-of-Time:
41 Mile Radius:
AR GTE OCP Monthly Rate for First Hour MRC Yes Yes $6.00 $0.72 $5.28
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
Circle Saver Trial Plan - Fort Xxxxx XXXX:
Residence:
AR GTE OCP Unlimited Usage (one-way originating
calling) MRC No No $19.95 N/A N/A
Business:
AR GTE OCP Unlimited Usage (one-way originating
calling) MRC Yes Yes $34.95 $4.17 $30.78
1+ Saver:
Page 23
110
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
Billing Resale Discount Retail Avoided Resale
St Co Sec Service Description Type Position Position Rate Cost Rate
-- --- --- ------------------- ------ -------- -------- ----- ------- -----
Residence:
Block-of-Time:
AR GTE OCP Monthly Rate for First Hour MRC Yes Yes $7.80 $0.93 $6.87
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.13 $0.02 $0.11
Block-of-Time:
AR GTE OCP Monthly Rate for First 5 Hours MRC Yes Yes $36.00 $4.29 $31.71
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.12 $0.01 $0.11
Block-of-Time:
AR GTE OCP Monthly Rate for First 10 Hours MRC Yes Yes $60.00 $7.16 $52.84
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
Business:
Block-of-Time:
AR GTE OCP Monthly Rate for First Hour MRC Yes Yes $7.80 $0.93 $6.87
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.13 $0.02 $0.11
Block-of-Time:
AR GTE OCP Monthly Rate for First 5 Hours MRC Yes Yes $36.00 $4.29 $31.71
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.12 $0.01 $0.11
Block-of-Time:
AR GTE OCP Monthly Rate for First 10 Hours MRC Yes Yes $60.00 $7.16 $52.84
AR GTE OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
Residence:
Discount Plan:
AR GTE OCP 10 % Discount MRC Yes Yes Varies Varies Varies
AR GTE OCP 15 % Discount MRC Yes Yes Varies Varies Varies
AR GTE OCP 20 % Discount MRC Yes Yes Varies Varies Varies
Business:
Discount Plan:
AR GTE OCP 10 % Discount MRC Yes Yes Varies Varies Varies
AR GTE OCP 15 % Discount MRC Yes Yes Varies Varies Varies
AR GTE OCP 20 % Discount MRC Yes Yes Varies Varies Varies
Designated Number Plan:
Residence:
AR GTE OCP Unlimited Usage to First
Designated Number MRC Yes Yes $15.00 $1.79 $13.21
AR GTE OCP Unlimited Usage to Each Additional
Designated Number MRC Yes Yes $10.00 $1.19 $8.81
Business:
AR GTE OCP Unlimited Usage to First Designated
Number MRC Yes Yes $15.00 $1.79 $13.21
AR GTE OCP Unlimited Usage to Each Additional
Designated Number MRC Yes Yes $10.00 $1.19 $8.81
Wide Area Telecommunications Services:
800 Service:
AR GTE WATS Access Line MRC Yes Yes $38.00 $4.53 $33.47
Usage Rates (per Hour):
Page 24
111
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------ -------- -------- ------ ------- ------
AR GTE WATS Day - First 10 Hours USAGE Yes Yes $18.00 $2.15 $15.85
AR GTE WATS Day - Next 15 Hours USAGE Yes Yes $16.20 $1.93 $14.27
AR GTE WATS Day - Next 25 Hours USAGE Yes Yes $14.40 $1.72 $12.68
AR GTE WATS Day - Over 50 Hours USAGE Yes Yes $12.60 $1.50 $11.10
AR GTE WATS Evening - First 10 Hours USAGE Yes Yes $15.00 $1.79 $13.21
AR GTE WATS Evening - Next 15 Hours USAGE Yes Yes $13.20 $1.57 $11.63
AR GTE WATS Evening - Next 25 Hours USAGE Yes Yes $12.00 $1.43 $10.57
AR GTE WATS Evening - Over 50 Hours USAGE Yes Yes $10.80 $1.29 $9.51
AR GTE WATS Night/Weekend - First 10 Hours USAGE Yes Yes $9.60 $1.15 $8.45
AR GTE WATS Night/Weekend - Next 15 Hours USAGE Yes Yes $8.40 $1.00 $7.40
AR GTE WATS Night/Weekend - Next 25 Hours USAGE Yes Yes $7.20 $0.86 $6.34
AR GTE WATS Night/Weekend - Over 50 Hours USAGE Yes Yes $6.60 $0.79 $5.81
Outward WATS:
AR GTE WATS Access Line MRC Yes Yes $38.00 $4.53 $33.47
Usage Rates (per Hour):
AR GTE WATS Day - First 10 Hours USAGE Yes Yes $10.80 $1.29 $9.51
AR GTE WATS Day - Next 15 Hours USAGE Yes Yes $9.60 $1.15 $8.45
AR GTE WATS Day - Next 25 Hours USAGE Yes Yes $8.40 $1.00 $7.40
AR GTE WATS Day - Over 50 Hours USAGE Yes Yes $6.60 $0.79 $5.81
AR GTE WATS Evening - First 10 Hours USAGE Yes Yes $9.60 $1.15 $8.45
AR GTE WATS Evening - Next 15 Hours USAGE Yes Yes $8.40 $1.00 $7.40
AR GTE WATS Evening - Next 25 Hours USAGE Yes Yes $7.20 $0.86 $6.34
AR GTE WATS Evening - Over 50 Hours USAGE Yes Yes $6.00 $0.72 $5.28
AR GTE WATS Night/Weekend - First 10 Hours USAGE Yes Yes $6.60 $0.79 $5.81
AR GTE WATS Night/Weekend - Next 15 Hours USAGE Yes Yes $6.00 $0.72 $5.28
AR GTE WATS Night/Weekend - Next 25 Hours USAGE Yes Yes $5.40 $0.64 $4.76
AR GTE WATS Night/Weekend - Over 50 Hours USAGE Yes Yes $4.80 $0.57 $4.23
Business Line 800:
AR GTE WATS Access Line MRC Yes Yes $5.00 $0.60 $4.40
Usage Rates:
Per Minute of Use Plan:
AR GTE WATS Day Rate USAGE Yes Yes $0.20 $0.02 $0.18
AR GTE WATS Evening/Night/Weekend Rate USAGE Yes Yes $0.18 $0.02 $0.16
Two Hour Block Plan:
AR GTE WATS Initial Period USAGE Yes Yes $21.60 $2.58 $19.02
AR GTE WATS Each Additional Minute USAGE Yes Yes $0.17 $0.02 $0.15
Page 25
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GTE SOUTHWEST INC. ARKANSAS TAFIFFS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------- -------- -------- ------ ------ ------
Five Hour Block Plan:
AR GTE WATS Initial Period USAGE Yes Yes $45.00 $5.37 $39.63
AR GTE WATS Each Additional Minute USAGE Yes Yes $0.14 $0.02 $0.12
Change Charges:
AR GTE WATS Number of Terminations Changed
(1 or 2 Terms) NRC Yes No $20.00 N/A $20.00
AR GTE WATS Number of Terminations Changed
(3 to 10 Terms) NRC Yes No $90.00 N/A $90.00
AR GTE WATS Number of Terminations Changed
(Over 10 Terms) NRC Yes No $225.00 N/A $225.00
AR GTE WATS Change Billing Arrangement Charge NRC Yes No $12.50 N/A $12.50
AR GTE WATS Charge to Change Usage Plans NRC Yes No $5.00 N/A $5.00
AR GTE WATS Call Detail Information per Account Charge NRC No No $12.50 N/A N/A
Residence Line 800:
AR GTE WATS Access Line MRC Yes Yes $3.95 $0.47 $3.48
Usage Rates:
Per Minute of Use Plan:
AR GTE WATS Day Rate USAGE Yes Yes $0.20 $0.02 $0.18
AR GTE WATS Evening/Night/Weekend Rate USAGE Yes Yes $0.18 $0.02 $0.16
One Hour Block Plan:
AR GTE WATS Initial Period USAGE Yes Yes $9.00 $1.07 $7.93
AR GTE WATS Each Additional Minute USAGE Yes Yes $0.14 $0.02 $0.12
Two Hour Block Plan:
AR GTE WATS Initial Period USAGE Yes Yes $15.00 $1.79 $13.21
AR GTE WATS Each Additional Minute USAGE Yes Yes $0.12 $0.01 $0.11
Change Charges:
AR GTE WATS Number of Terminations Changed (1 or 2 Terms) NRC Yes No $20.00 N/A $20.00
AR GTE WATS Number of Terminations Changed (3 to 10 Terms) NRC Yes No $90.00 N/A $90.00
AR GTE WATS Number of Terminations Changed (Over 10 Terms) NRC Yes No $225.00 N/A $225.00
AR GTE WATS Change Billing Arrangement Charge NRC Yes No $12.50 N/A $12.50
AR GTE WATS Charge to Change Usage Plans NRC Yes No $5.00 N/A $5.00
AR GTE WATS Call Detail Information per Account Charge NRC No No $12.50 N/A N/A
Page 26
113
GTE SOUTHWEST INC. ARKANSAS
RESALE PRODUCTS & SERVICES
GTE SOUTHWEST INC. GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
-- --- --- ------------------- ------- -------- -------- ------ ------- ------
5 SPECIAL ACCESS SERVICES
5 DIGITAL DATA SERVICE - Asso. w/Sw. Data service
AR GTE 5 SPECIAL TRANSPORT PER AIRLINE MILE -56 KBPS MRC Yes No $5.33 N/A $5.33
5 HIGH CAPACITY DS1
AR GTE 5 XXX - FIRST SYSTEM NRC Yes No $900.00 N/A $900.00
AR GTE 5 FIRST SYSTEM - MONTHLY MRC Yes No $325.00 N/A $325.00
AR GTE 5 XXX - EACH ADDITIONAL SYSTEM NRC Yes No $130.00 N/A $130.00
AR GTE 5 EACH ADDITIONAL - MONTHLY MRC Yes No $160.00 N/A $160.00
AR GTE 5 SPECIAL TRANSPORT TERMINATION MRC Yes No $45.00 N/A $45.00
AR GTE 5 SPECIAL TRANSPORT - PER AIRLINE MILE MRC Yes No $12.97 N/A $12.97
1) If service is priced below cost, a discount will
not apply.
2) The retail Rates above do not include the End
User Subscriber Line Charge (EUSLC). The ALEC will
be responsible for the business or residential
charge, $6.00 and $3.50, respectively.
3) This document is subject to the terms and
conditions of the nondisclosure agreement between
the CLEC and GTE.
Page 27
114
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
BASIC LOCAL RATE SCHEDULES:
Schedule "A" Improved Exchanges 1-PARTY
AR CON 2 4 Business Individual Line MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 4 Business Trunk MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 4 Key Business Line MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 4 Coin Line MRC Yes No $21.55 N/A $21.55
AR CON 2 4 Customer Owned Pay Telephone Service MRC Yes No $16.00 N/A $16.00
2
AR CON 2 4 Schedule "B" Unimproved Exchanges
AR CON 2 4 Business Individual Line MRC Yes Yes $10.00 $1.19 $8.81
AR CON 2 4 Business Trunk MRC Yes Yes $10.00 $1.19 $8.81
AR CON 2 4 Key Business Line MRC Yes Yes $10.00 $1.19 $8.81
AR CON 2 4 Business Two Party MRC Yes Yes $9.00 $1.07 $7.93
AR CON 2 4 Business Four Party (Rural Only) MRC Yes Yes $8.00 $0.95 $7.05
AR CON 2 4 Coin Line MRC Yes No $15.55 N/A $15.55
AR CON 2 4 Customer Owned Pay Telephone Service MRC Yes No $10.00 N/A $10.00
AR CON 2 4 Residence One party MRC No No $5.00 N/A N/A
AR CON 2 4 Residence Two party MRC No No $4.50 N/A N/A
AR CON 2 4 Residence four party MRC No No $4.00 N/A N/A
AR CON 2 4 Residence four party rural MRC No No $4.00 X/X X/X
0
0 0 XXXXXXXX XXXX SERVICE RATES
AR CON 2 4 Rate Group 1 (1-3000) MRC Yes Yes $2.10 $0.25 $1.85
AR CON 2 4 Rate Group II (3001 -18,000) MRC Yes Yes $2.75 $0.33 $2.42
AR CON 2 4 Rate Group II I (-18,000 +) MRC Yes Yes $4.15 $0.50 $3.65
2
2 GENERAL SERVICES
AR CON 2 5 Answer Supervision per line MRC Yes No $4.55 N/A $4.55
2
2 Custom Calling Features
2 individual services
AR CON 2 5 Call Forwarding - variable per In
-Business MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Forwarding - variable per In
-Residence MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Forwarding Multipath - Business MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Forwarding Multipath - Residence MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Screening per line-Incoming -3rd
No. bus MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Screening per line-Incoming -3rd
No. Res MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Screening per line-Incoming
-collect. Bus MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Screening per line-Incoming
-collect. Res MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Call Screening per line-Incoming
-collect./3rd no. - Bus MRC Yes Yes $4.00 $0.48 $3.52
AR CON 2 5 Call Screening per line-Incoming
-collect./3rd no. - Res MRC Yes Yes $4.00 $0.48 $3.52
AR CON 2 5 Call Screening per line-Outgoing- Bus MRC Yes Yes $7.50 $0.89 $6.61
AR CON 2 5 Call Screening per line-Outgoing- res MRC Yes Yes $7.50 $0.89 $6.61
Page 1
115
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 5 Fixed Call Forwarding/Busy - Business MRC Yes Yes $1.25 $0.15 $1.10
AR CON 2 5 Fixed Call Forwarding/Busy - Residence MRC Yes Yes $1.25 $0.15 $1.10
AR CON 2 5 Fixed Call Forwarding/No Answer
- Business MRC Yes Yes $1.25 $0.15 $1.10
AR CON 2 5 Fixed Call Forwarding/No Answer - Residence MRC Yes Yes $1.25 $0.15 $1.10
AR CON 2 5 Fixed Call Forwarding/Busy/No Answer
- Business MRC Yes Yes $1.50 $0.18 $1.32
AR CON 2 5 Fixed Call Forwarding/Busy/No Answer
- Residence MRC Yes Yes $1.50 $0.18 $1.32
AR CON 2 5 Call Forward/Busy/No Answer - Business
(Variable) MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Call Forward/Busy/No Answer - Residence
(Variable) MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Call Waiting, per line Business MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Call waiting, per line, Residence MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Remote Call Forwarding - BUS/ - first
access path MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 5 Remote Call Forwarding - RES - first
access path MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 5 Remote Call Forwarding - BUS - additional
path MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 5 Remote Call Forwarding - RES - additional
path MRC Yes Yes $16.00 $1.91 $14.09
AR CON 2 5 Smart Ring - One Feature -Business MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Smart Ring - One Feature - Residence MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Speed Call 8 - Business MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Speed Call 8 - Residence MRC Yes Yes $2.50 $0.30 $2.20
AR CON 2 5 Speed Call 30 - Business MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Speed Call 30 - Residence MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Three Way Calling - One Feature - Business MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Three Way Calling - One Feature - Residence MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Call Wait, Call Fwd, 3-way & speed call 30 per
ln -bus MRC Yes Yes $9.95 $1.19 $8.76
AR CON 2 5 Call Wait, Call Fwd, 3-way & speed call 30 per
ln -res MRC Yes Yes $9.95 $1.19 $8.76
AR CON 2 5 SMARTER Package - Business MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 SMARTER Package - Residence (GF) MRC Yes Yes $5.00 $0.60 $4.40
AR CON 2 5 Smart Ring with a Pac - Business MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 5 Smart Ring with a Pac - Residence (GF) MRC Yes Yes $3.00 $0.36 $2.64
2
2 CLASS Vertical Services:
AR CON 2 5 Automatic Busy Redial - Business MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Automatic Busy Redial - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR CON 2 5 Automatic Call Return - Business MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Automatic Call Return - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR CON 2 5 Call Block - Business MRC Yes Yes $4.00 $0.48 $3.52
AR CON 2 5 Call Block - Residence MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 5 Call Tracing per line - Bus MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Call Tracing per line - Res MRC Yes Yes $5.00 $0.60 $4.40
AR CON 2 5 Special Call Acceptance - Business MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 5 Special Call Acceptance - Residence MRC Yes Yes $2.00 $0.24 $1.76
AR CON 2 5 Special Call Forwarding - Business MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Special Call Forwarding - Residence MRC Yes Yes $5.00 $0.60 $4.40
AR CON 2 5 Special Call Waiting - Business (GF) MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 5 Special Call Waiting - Residence (GF) MRC Yes Yes $5.00 $0.60 $4.40
AR CON 2 5 VIP Alert - Business MRC Yes Yes $4.00 $0.48 $3.52
Page 2
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 5 VIP Alert - Residence MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 5 SmartCall Pak 4400 - Residence MRC Yes Yes $8.75 $1.04 $7.71
AR CON 2 5 SmartCall Pak 4900 - Residence MRC Yes Yes $13.25 $1.58 $11.67
AR CON 2 5 Calling Number ID - Business MRC Yes Yes $10.00 $1.19 $8.81
AR CON 2 5 Calling Number ID - Residence MRC Yes Yes $7.00 $0.84 $6.16
AR CON 2 5 Caller ID name and number (Residence) MRC Yes Yes $7.95 $0.95 $7.00
AR CON 2 5 Caller ID name and number (Business) MRC Yes Yes $11.50 $1.37 $10.13
AR CON 2 5 Anonymous Caller Rejection (Residence) MRC Yes Yes $1.00 $0.12 $0.88
AR CON 2 5 Anonymous Caller Rejection (Business) MRC Yes Yes $1.00 $0.12 $0.88
2
2 5 TEL-TEEN SERVICE CUSTOM FEATURE
PACKAGES (GF)
AR CON 2 5 Touch Call, Three-Way Calling, Speed
Call 8, Toll Control (GF) MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 5 Touch Call, Call Waiting, Speed
Call 8, Toll Control (GF) MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 5 Touch Call, Three-Way Calling, Toll
Control (GF) MRC Yes Yes $2.00 $0.24 $1.76
AR CON 2 5 Touch Call, Call Waiting, Speed
Call 8 (GF) MRC Yes Yes $3.00 $0.36 $2.64
2
2 5 Direct Inward Dialing Service
AR CON 2 5 DID Trunk Terminations (Per Trunk) MRC MRC Yes Yes $25.00 $2.98 $22.02
AR CON 2 5 DID Trunk Terminations (Per Trunk) NRC NRC Yes No $150.00 N/A $150.00
AR CON 2 5 DID Station Numbers-Block of 20 mrc MRC Yes Yes $8.00 $0.95 $7.05
AR CON 2 5 DID Station Numbers-Block of 100 mrc MRC Yes Yes $22.00 $2.62 $19.38
2
2 DIRECTORY ASSISTANCE SERVICE
AR CON 2 5 Customer Dialed Calling Card USAGE Yes No $0.35 N/A $0.35
AR CON 2 5 All other (Opr.assist sent paid,third
no.,credit card) USAGE Yes No $0.90 N/A $0.90
2
AR CON 2 5 DIRECTORY LISTINGS
AR CON 2 5 Regular Extra Listing - Residential - Each MRC No No N/A N/A N/A
AR CON 2 5 Regular Extra Listing - Business - Each MRC No No N/A N/A N/A
AR CON 2 5 Foreign Listings - Residential MRC No No N/A N/A N/A
AR CON 2 5 Foreign Listings - Business MRC No No N/A N/A N/A
AR CON 2 5 Nonlisted Service, each MRC No No N/A N/A N/A
AR CON 2 5 Nonpublished Service, each MRC No No N/A N/A N/A
AR CON 2 5 Directory Connect Plus Service USAGE Yes No $0.50 N/A $0.50
2
2 5 FOREIGN SWITCH OFC SVC (MILEAGE ADD) NEW
CUST. ONLY
AR CON 2 5 Airline Mileage - To 125 miles MRC Yes Yes $15.00 $1.79 $13.21
AR CON 2 5 Airline Mileage - 125 to 425 miles MRC Yes Yes $22.00 $2.62 $19.38
AR CON 2 5 Airline Mileage - Over 425 miles MRC Yes Yes $29.00 $3.46 $25.54
2
AR CON 2 5 Rotary Xxxx Line Service (Each arrangement) MRC Yes Yes $3.00 $0.36 $2.64
2
2 5 INTRAEXCHANGE MILEAGE
AR CON 2 5 Extension Lines - Exchanges
AR CON 2 5 a. Single pr. off prem, per 1/4 mi or frac MRC Yes Yes $1.05 $0.13 $0.92
Page 3
117
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 5 b. Single pr. on prem,term beyond 150 ft
per 1/4 mi MRC Yes Yes $1.05 $0.13 $0.92
2 5 Extension Lines - Former Systems of Ark.
Exchanges MRC Yes Yes $0.00 $0.00 $0.00
AR CON 2 5 a. Single pr. off prem, per 1/4 mi or frac MRC Yes Yes $0.60 $0.07 $0.53
2 5 b.1. Single pr. on prem=1st 300 ft MRC Yes Yes $0.00 $0.00 $0.00
AR CON 2 5 b.2. Single pr. on prem=each add. 200 ft.
of ckt. MRC Yes Yes $0.10 $0.01 $0.09
2
2 5 Tie line - Exchanges
AR CON 2 5 Tie line per 1/4 mile MRC Yes Yes $1.05 $0.13 $0.92
2
2 5 Tie line - Former Systems of Ark. Exchanges
AR CON 2 5 a. Single pr. off prem, per 1/4 mi or frac MRC Yes Yes $0.60 $0.07 $0.53
2 5 b.1. Single pr. on prem=1st 300 ft $0.00
AR CON 2 5 b.2. Single pr. on prem=each add. 200 ft
of ckt. MRC Yes Yes $0.10 $0.01 $0.09
2
AR CON 2 5 School to Home
AR CON 2 5 First 1/4 mile or fraction MRC Yes No $1.30 N/A $1.30
2 5 Additional 1/4 mile or fraction MRC Yes No $1.30 N/A $1.30
2
2 5 900 Call Restriction
AR CON 2 5 Per line equipped (Business only) NRC NRC Yes No $8.00 N/A $8.00
2
2 5 Operator Assisted Local Calls (Svc. Chgs.)
AR CON 2 5 Customer Dialed Calling Card USAGE Yes No $0.35 N/A $0.35
AR CON 2 5 Opr Station to Station - Opr. sent paid,
collect, third no, cre. card USAGE Yes No $0.90 N/A $0.90
AR CON 2 5 Person to Person USAGE Yes No $2.50 N/A $2.50
2
AR CON 2 5 PRIVATE LINES AND EQUIPMENT - INTRAEXCHANGE
AR CON 2 5 Signal Grade
AR CON 2 5 Mileage - first 1/4 mile or fraction MRC Yes No $6.25 N/A $6.25
AR CON 2 5 Additional 1/4 mile or fraction MRC Yes No $2.20 N/A $2.20
AR CON 2 5
AR CON 2 5 Voice Grade
AR CON 2 5 Mileage - first 1/4 mile or fraction MRC Yes No $6.25 N/A $6.25
AR CON 2 5 Additional 1/4 mile or fraction MRC Yes No $2.20 N/A $2.20
AR CON 2 5
AR CON 2 5 Former GTE Systems of Arkansas - Each local
Channel or Ntwk
AR CON 2 5 Mileage - first 1/4 mile or fraction MRC Yes No $4.00 N/A $4.00
AR CON 2 5 Additional 1/4 mile or fraction MRC Yes No $1.00 N/A $1.00
2
2
2 5 Verification and Emer. interrupt Operator
AR CON 2 5 Line verify - each occurrence USAGE Yes No $1.50 N/A $1.50
AR CON 2 5 Emergency Interrupt - Each occurrence USAGE Yes No $2.50 N/A $2.50
2
2 6 SERVICE CHARGES
Page 4
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 6 Primary Svc. Ord. Chg-Each - Residence NRC No No $15.00 N/A N/A
AR CON 2 6 Primary Svc. Ord. Chg-Each - Bus. & Coin NRC No No $23.00 N/A N/A
AR CON 2 6 Primary Svc. Ord. Chg-Each - key lines/trks NRC No No $23.00 N/A N/A
AR CON 2 6 Secondary Svc. Ord. Chg-Each - Residence NRC No No $8.65 N/A N/A
AR CON 2 6 Secondary Svc. Ord. Chg-Each - Business NRC No No $14.80 N/A N/A
AR CON 2 6 Secondary Svc. Ord. Chg-Each -
key/lns/trks NRC No No $14.80 N/A N/A
AR CON 2 6 Line Connect Chg. - Each - Residence NRC Yes No $12.00 N/A $12.00
AR CON 2 6 Line Connect Chg. - Each - Business and Coin NRC Yes No $12.00 N/A $12.00
AR CON 2 6 Line Connect Chg. - Each - Key Lns/trks NRC Yes No $12.00 N/A $12.00
AR CON 2 6 Trip Charge, Each - Residence NRC Yes No $7.00 N/A $7.00
AR CON 2 6 Trip Charge, Each - Bus & Coin NRC Yes No $7.00 N/A $7.00
AR CON 2 6 Trip Charge, Each - Key Lines and Trunks NRC Yes No $7.00 N/A $7.00
2
AR CON 2 6 Link up Arkansas - assistance for initiating
Svc.50% or 30 nrc NRC No No $0.50 N/A N/A
2
2 7 DIGITAL CENTREX SERVICE
2 7 Intragroup Calling Svc. - Monthly per
line 1-200 lns.
AR CON 2 7 0 - .5 miles MRC Yes Yes $2.40 $0.29 $2.11
AR CON 2 7 .6 - 1.0 miles MRC Yes Yes $3.60 $0.43 $3.17
AR CON 2 7 1.1 - 1.5 miles MRC Yes Yes $4.80 $0.57 $4.23
AR CON 2 7 1.6 - 2.0 miles MRC Yes Yes $6.05 $0.72 $5.33
2
2 Basic Service per line
AR CON 2 7 Customer with 2 lines each MRC Yes Yes $3.50 $0.42 $3.08
AR CON 2 7 Customer with 3 lns or more, but less
than 7 lns MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 7 Customer with 7 lines or more, each MRC Yes Yes $2.50 $0.30 $2.20
2
2 7 Enhanced Services and Features (per line)
AR CON 2 7 Business Set Service (excludes CPE) MRC Yes Yes $2.45 $0.29 $2.16
AR CON 2 7 Enhanced Business Service MRC Yes Yes $2.95 $0.35 $2.60
AR CON 2 7 Station Message Detail Recorder MRC Yes Yes $2.95 $0.35 $2.60
AR CON 2 7 Enhanced Station Message Detail Recorder MRC Yes Yes $4.15 $0.50 $3.65
AR CON 2 7 Automatic Route Selection MRC Yes Yes $2.05 $0.24 $1.81
AR CON 2 7 Datapath Basic MRC Yes Yes $4.50 $0.54 $3.96
AR CON 2 7 Hospital Communications MRC Yes Yes $0.50 $0.06 $0.44
AR CON 2 7 Console alerting MRC Yes Yes $0.50 $0.06 $0.44
AR CON 2 7 Electronic Switched Network MRC Yes Yes $5.10 $0.61 $4.49
AR CON 2 7 Cut-Thru Dialing MRC Yes Yes $0.50 $0.06 $0.44
2
2 7 MOBILE TELEPHONE SERVICE
AR CON 2 7 Mobile Telephone access line MRC Yes Yes $40.00 $4.77 $35.23
AR CON 2 7 Mobile Radio Paging Access MRC Yes Yes $7.40 $0.88 $6.52
AR CON 2 7 foreign msg. chg. - First min. USAGE Yes Yes $0.20 $0.02 $0.18
AR CON 2 7 Foreign Each add. min. or fraction
thereafter USAGE Yes Yes $0.20 $0.02 $0.18
2
Page 5
119
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
2
2
2 9 SWITCHED DATA CUSTOMER LINE SERVICES
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - Low Speed Single Ln. MRC Yes Yes $50.00 $5.97 $44.04
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - Low Speed Single Ln.
INSTALL NRC NRC Yes No $50.00 N/A $50.00
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - Low Speed CentrEX MRC Yes Yes $50.00 $5.97 $44.04
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - Low Speed CentrEX
INSTALL NRC NRC Yes No $50.00 N/A $50.00
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - High Speed Single Ln. MRC Yes Yes $50.00 $5.97 $44.04
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - High Speed Single Ln.
INSTALL NRC NRC Yes No $12.00 N/A $12.00
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - High Speed CentraNet MRC Yes Yes $50.00 $5.97 $44.04
AR CON 2 0 XX Xxxx Xxxx Xx Svcs - High Speed CentraNet
INSTALL NRC NRC Yes No $15.00 N/A $15.00
AR CON 2 9 INTEROFFICE MILEAGE
AR CON 2 9 Central Office Termination MRC Yes Yes $150.00 $17.90 $132.11
AR CON 2 9 Central Office Termination INSTALL NRC NRC Yes No $125.00 N/A $125.00
AR CON 2 9 Central Office Channelization MRC Yes Yes $5.00 $0.60 $4.40
2 9 Optional Services
AR CON 2 9 Data Direct Connect MRC Yes Yes $1.00 $0.12 $0.88
AR CON 2 9 Data Closed User Group MRC Yes Yes $1.00 $0.12 $0.88
AR CON 2 9 INTEROFFICE MILEAGE
AR CON 2 9 Feature Package Data 1000 MRC Yes Yes $3.00 $0.36 $2.64
AR CON 2 9 Software Reconfiguration NRC NRC Yes No $12.75 N/A $12.75
2 9 Switched Data Network Usage
AR CON 2 9 LOCAL SET UP USAGE Yes Yes $0.02 $0.00 $0.02
AR CON 2 9 LOCAL EACH MOU USAGE Yes Yes $0.01 $0.00 $0.01
AR CON 2 9 Band A 1-10 Airline Mi. Set up USAGE Yes Yes $0.03 $0.00 $0.03
AR CON 2 9 Band B 11-16 Airline Mi. Set up USAGE Yes Yes $0.04 $0.00 $0.04
AR CON 2 9 Band C 17-22 Airline Mi. Set up USAGE Yes Yes $0.05 $0.01 $0.04
AR CON 2 9 Band D 23-30 Airline Mi. Set up USAGE Yes Yes $0.06 $0.01 $0.05
AR CON 2 9 Band E 31-40 Airline Mi. Set up USAGE Yes Yes $0.07 $0.01 $0.06
AR CON 2 9 Band A 1-10 Airline Mi. each min USAGE Yes Yes $0.03 $0.00 $0.03
AR CON 2 9 Band B 11-16 Airline Mi. each min. USAGE Yes Yes $0.05 $0.01 $0.04
AR CON 2 9 Band C 17-22 Airline Mi. each min. USAGE Yes Yes $0.08 $0.01 $0.07
AR CON 2 9 Band D 23-30 Airline Mi. each min. USAGE Yes Yes $0.09 $0.01 $0.08
AR CON 2 9 Band E 31-40 Airline Mi. each min. USAGE Yes Yes $0.11 $0.01 $0.10
2
2 SWITCHED DATA NETWORK USAGE WITH 40 % DISCOUNT
AR CON 2 9 Local call setup USAGE Yes Yes $0.012 $0.001 $0.011
AR CON 2 9 Each add. mou - local USAGE Yes Yes $0.006 $0.001 $0.005
AR CON 2 9 Band A 1-10 Airline Mi. Set up USAGE Yes Yes $0.018 $0.002 $0.016
AR CON 2 9 Band B 11-16 Airline Mi. Set up USAGE Yes Yes $0.024 $0.003 $0.021
AR CON 2 9 Band C 17-22 Airline Mi. Set up USAGE Yes Yes $0.030 $0.004 $0.026
AR CON 2 9 Band D 23-30 Airline Mi. Set up USAGE Yes Yes $0.036 $0.004 $0.032
AR CON 2 9 Band E 31-40 Airline Mi. Set up USAGE Yes Yes $0.042 $0.005 $0.037
AR CON 2 9 Band A 1-10 Airline Mi. each min. USAGE Yes Yes $0.018 $0.002 $0.016
AR CON 2 9 Band B 11-16 Airline Mi. each min. USAGE Yes Yes $0.030 $0.004 $0.026
Page 6
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 9 Band C 17-22 Airline Mi. each min. USAGE Yes Yes $0.048 $0.006 $0.042
AR CON 2 9 Band D 23-30 Airline Mi. each min. USAGE Yes Yes $0.054 $0.006 $0.048
AR CON 2 9 Band E 31-40 Airline Mi. each min. USAGE Yes Yes $0.066 $0.008 $0.058
2
AR CON 2 10 RETURNED CHECKS NRC NRC No No N/A N/A N/A
2
2
2 4 USAGE PRICING SERVICE (GRANDFATHERED)
2
AR CON 2 4 Plan I -Inside base rate area - one
party RES MRC No No $7.50 N/A N/A
AR CON 2 4 Plan II -Inside base rate area - one
party RES MRC No No $5.00 N/A N/A
2
AR CON 2 4 Usage Charges - usage pricing (GRANDFATHERED)
AR CON 2 4 Zone 1 - (home exchange, airline miles)
plan 1 USAGE Yes Yes $0.04 $0.00 $0.04
AR CON 2 4 Zone 2 - 0-10 airline miles plan I USAGE Yes Yes $0.04 $0.00 $0.04
AR CON 2 4 Zone 3 - 11-20 airline miles plan 1 USAGE Yes Yes $0.04 $0.00 $0.04
AR CON 2 4 Zone 1 - (home exchange, airline miles)
plan 1 USAGE Yes Yes $0.015 $0.00 $0.013
AR CON 2 4 Zone 2 - 0-10 airline miles plan I USAGE Yes Yes $0.02 $0.00 $0.02
AR CON 2 4 Zone 3 - 11-20 airline miles plan 1 USAGE Yes Yes $0.025 $0.00 $0.022
AR CON 2 4 Zone 1 - (home exchange, airline miles)
plan II USAGE Yes Yes $0.07 $0.01 $0.06
AR CON 2 4 Zone 2 - 0-10 airline miles plan II USAGE Yes Yes $0.07 $0.01 $0.06
AR CON 2 4 Zone 3 - 11-20 airline miles plan II USAGE Yes Yes $0.07 $0.01 $0.06
AR CON 2 4 Zone 1 - (home exchange, airline miles)
plan II USAGE Yes Yes $0.03 $0.00 $0.03
AR CON 2 4 Zone 2 - 0-10 airline miles plan II USAGE Yes Yes $0.04 $0.00 $0.04
AR CON 2 4 Zone 3 - 11-20 airline miles plan II USAGE Yes Yes $0.05 $0.01 $0.04
AR CON 2 4 Usage pricing - detail billing - monthly
per account MRC No No N/A N/A
AR CON 2 4 Usage pricing - detail billing - monthly per
account NRC NRC No No N/A N/A
AR CON 2 4 Usage Pricing - Detail billing - each call
printed MRC No No N/A N/A
2
2 4 Usage Charges - NIGHT DISCOUNT) usage
pricing (GRANDFATHERED)
AR CON 2 4 Zone 1 - (home exchange. airline miles)
plan 1 USAGE Yes Yes $0.020 $0.002 $0.018
AR CON 2 4 Zone 2 - 0-10 airline miles plan I USAGE Yes Yes $0.020 $0.002 $0.018
AR CON 2 4 Zone 3 - 11-20 airline miles plan 1 USAGE Yes Yes $0.020 $0.002 $0.018
AR CON 2 4 Zone 1 - (home exchange. airline miles)
plan 1 USAGE Yes Yes $0.008 $0.001 $0.007
AR CON 2 4 Zone 2 - 0-10 airline miles plan I USAGE Yes Yes $0.010 $0.001 $0.009
AR CON 2 4 Zone 3 - 11-20 airline miles plan 1 USAGE Yes Yes $0.013 $0.001 $0.011
AR CON 2 4 Zone 1 - (home exchange. airline miles)
plan II USAGE Yes Yes $0.035 $0.004 $0.031
AR CON 2 4 Zone 2 - 0-10 airline miles plan II USAGE Yes Yes $0.035 $0.004 $0.031
AR CON 2 4 Zone 3 - 11-20 airline miles plan II USAGE Yes Yes $0.035 $0.004 $0.031
AR CON 2 4 Zone 1 - (home exchange. airline miles)
plan II USAGE Yes Yes $0.015 $0.002 $0.013
AR CON 2 4 Zone 2 - 0-10 airline miles plan II USAGE Yes Yes $0.020 $0.002 $0.018
AR CON 2 4 Zone 3 - 11-20 airline miles plan II USAGE Yes Yes $0.025 $0.003 $0.022
2
2
2 4 LOCAL MEASURED SERVICE (LMS) - GRANDFATHERED
Page 7
121
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 4 Usage 1st MOU USAGE Yes Yes $0.050 $0.006 $0.044
AR CON 2 4 Usage Add'l MOU USAGE Yes Yes $0.020 $0.002 $0.018
AR CON 2 4 XXX Discount 1st mou USAGE Yes Yes $0.025 $0.003 $0.022
AR CON 2 4 XXX Discount Add mou USAGE Yes Yes $0.010 $0.001 $0.009
AR CON 2 4 LMS-Opr Hnd.-Credit card Station USAGE Yes Yes $0.350 $0.042 $0.308
AR CON 2 4 LMS-Opr Hnd.-Station to station USAGE Yes Yes $0.900 $0.107 $0.793
AR CON 2 4 LMS-Opr Hnd.-Person to person USAGE Yes Yes $2.500 $0.298 $2.202
AR CON 2 4 LMS-Opr Hnd.-Detail billing USAGE Yes Yes $0.030 $0.004 $0.026
2
2 49 OBSOLETE SERVICES (GRANDFATHERED)
AR CON 2 49 Special Billing Number Service - 1st Number MRC No No $1.00 N/A N/A
AR CON 2 49 Special Billing Number Service - Each
Add. No. MRC No No $0.50 N/A N/A
AR CON 2 49 Special Billing No. Separate xxxx -
each No. MRC No No $2.00 N/A N/A
AR CON 2 49 Automatic Callback Per line - BUS MRC YES YES $2.50 $0.30 $2.20
AR CON 2 49 Automatic Callback Per line - RES MRC YES YES $2.50 $0.30 $2.20
AR CON 2 49 Call Trace per line - BUS MRC YES YES $1.50 $0.18 $1.32
AR CON 2 49 Call Trace per line - RES MRC YES YES $1.50 $0.18 $1.32
AR CON 2 49 Call Trace per successful attempt - BUS NRC YES YES $7.00 $0.84 $6.16
AR CON 2 49 Call Trace per successful attempt -RES NRC YES YES $7.00 $0.84 $6.16
AR CON 2 49 Ring Again per line - BUS MRC YES YES $2.50 $0.30 $2.20
AR CON 2 49 Ring Again per line - RES MRC YES YES $2.50 $0.30 $2.20
2
2
Page 8
122
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
SWB PR 2
2
2 IntraLATA Interexchange Private Lines
2 2 Series 100
2 Type 102
AR CON 2 Local Channel, ea NRC Yes No $225.00 N/A $225.00
AR CON 2 Local Channel, ea MRC Yes No $22.00 N/A $22.00
AR CON 2 Interoffice Channel, ea mi MRC Yes No $4.00 N/A $4.00
AR CON 2 Interoffice Channel Terminal,
per channel MRC Yes No $14.25 N/A $14.25
2 2 IX Channel
AR CON 2 0 to 250 mi ea mi MRC Yes No $5.75 N/A $5.75
AR CON 2 Ea additional mi over 250 MRC Yes No $3.90 N/A $3.90
AR CON 2 IX Channel Terminal ea, 2 required
per IX channel MRC Yes No $10.75 N/A $10.75
2 2 Series 200
2 Type 250
2 Interoffice Channel
AR CON 2 Half-duplex MRC Yes No $5.00 N/A $5.00
AR CON 2 Duplex MRC Yes No $8.00 N/A $8.00
2 2 Interoffice Channel Terminal, per
terminal
AR CON 2 Half-duplex MRC Yes No $2.60 N/A $2.60
AR CON 2 Duplex MRC Yes No $2.60 N/A $2.60
2 IX Channel, ea mi
2 Half-duplex
AR CON 2 0 to 250 mi, ea mi MRC Yes No $4.70 N/A $4.70
AR CON 2 Ea additional mi over 250 MRC Yes No $4.70 N/A $4.70
2 Duplex
AR CON 2 0 to 250 mi, ea mi MRC Yes No $4.70 N/A $4.70
2 Ea additional mi over 250
2 IX Channel Terminal
AR CON 2 Half-duplex MRC Yes No $53.00 N/A $53.00
AR CON 2 Duplex MRC Yes No $55.00 N/A $55.00
2 2 Type 251
2 Interoffice Channel
AR CON 2 Half-duplex MRC Yes No $5.00 N/A $5.00
AR CON 2 Duplex MRC Yes No $8.00 N/A $8.00
2 2 Interoffice Channel Terminal
AR CON 2 Half-duplex MRC Yes No $2.60 N/A $2.60
AR CON 2 Duplex MRC Yes No $2.60 N/A $2.60
2 IX Channel, ea
2 Half-duplex
AR CON 2 0 to 250 mi, ea mi MRC Yes No $2.90 N/A $2.90
AR CON 2 Ea additional mi over 250 MRC Yes No $2.90 N/A $2.90
2 Duplex
AR CON 2 0 to 250 mi, ea mi MRC Yes No $2.90 N/A $2.90
2 Ea additioanl mi over 250 $2.90
Page 9
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
2 IX Channel Terminal
AR CON 2 Half-duplex MRC Yes No $47.00 N/A $47.00
AR CON 2 Duplex MRC Yes No $47.00 N/A $47.00
2 2 Series 400
2 Local Channel, ea
AR CON 2 Type 414B MRC Yes No $66.00 N/A $66.00
AR CON 2 Type 414B NRC Yes No $590.00 N/A $590.00
AR CON 2 Type 414C NRC Yes No $445.00 N/A $445.00
AR CON 2 Type 415 MRC Yes No $21.00 N/A $21.00
AR CON 2 Type 415 NRC Yes No $155.00 N/A $155.00
AR CON 2 Type 417A MRC Yes No $35.50 N/A $35.50
AR CON 2 Type 417A NRC Yes No $360.00 N/A $360.00
AR CON 2 Type 417B MRC Yes No $35.50 N/A $35.50
AR CON 2 Type 417B NRC Yes No $410.00 N/A $410.00
AR CON 2 Type 420 MRC Yes No $52.00 N/A $52.00
AR CON 2 Type 420 NRC Yes No $290.00 N/A $290.00
AR CON 2 Type 422 MRC Yes No $51.00 N/A $51.00
AR CON 2 Type 422 NRC Yes No $295.00 N/A $295.00
AR CON 2 Type 423 MRC Yes No $21.00 N/A $21.00
AR CON 2 Type 423 NRC Yes No $270.00 N/A $270.00
AR CON 2 Type 424 MRC Yes No $53.00 N/A $53.00
AR CON 2 Type 424 NRC Yes No $340.00 N/A $340.00
AR CON 2 Type 425 MRC Yes No $38.00 N/A $38.00
AR CON 2 Type 425 NRC Yes No $280.00 N/A $280.00
AR CON 2 Type 428 MRC Yes No $23.50 N/A $23.50
AR CON 2 Type 428 NRC Yes No $260.00 N/A $260.00
AR CON 2 Type 432 MRC Yes No $47.00 N/A $47.00
AR CON 2 Type 432 NRC Yes No $470.00 N/A $470.00
AR CON 2 Type 435 MRC Yes No $54.00 N/A $54.00
AR CON 2 Type 435 NRC Yes No $260.00 N/A $260.00
AR CON 2 Type 442 MRC Yes No $21.75 N/A $21.75
AR CON 2 Type 442 NRC Yes No $265.00 N/A $265.00
AR CON 2 Type 443 MRC Yes No $57.00 N/A $57.00
AR CON 2 Type 443 NRC Yes No $275.00 N/A $275.00
AR CON 2 2 Interoffice Channel ea mi MRC Yes No $7.75 N/A $7.75
AR CON 2 Interoffice Channel Terminal, per terminal MRC Yes No $3.20 N/A $3.20
2 IX Channel, per mile
AR CON 2 0 to 250 mi, ea mi MRC Yes No $4.70 N/A $4.70
AR CON 2 Ea additional mi over 250 MRC Yes No $3.20 N/A $3.20
2 2 IX Channel Terminal, per Terminal, 2
required per ch.
AR CON 2 Type 414B MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 414C MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 417A MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 417B MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 420 MRC Yes No $33.00 N/A $33.00
Page 10
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 Type 422 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 423 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 424 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 425 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 428 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 432 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 435 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 442 MRC Yes No $33.00 N/A $33.00
AR CON 2 Type 443 MRC Yes No $33.00 N/A $33.00
AR CON 2 2 Bridging Charge, (Multi-point Serv.)
per channel bridged MRC Yes No $9.50 N/A $9.50
2 2 Signaling Arrangements
2 IX IntraLATA
AR CON 2 Manual (J1B) MRC Yes No $20.75 N/A $20.75
AR CON 2 Manual (J1B) NRC Yes No $75.00 N/A $75.00
AR CON 2 Automatic (J1A) MRC Yes No $15.00 N/A $15.00
AR CON 2 Automatic (J1A) NRC Yes No $75.00 N/A $75.00
2 2 E & M Type Signaling
AR CON 2 Type 420 MRC Yes No $12.25 N/A $12.25
AR CON 2 Type 420 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 422 MRC Yes No $12.25 N/A $12.25
AR CON 2 Type 422 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 423 MRC Yes No $23.00 N/A $23.00
AR CON 2 Type 423 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 424 MRC Yes No $12.50 N/A $12.50
AR CON 2 Type 424 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 425 MRC Yes No $27.50 N/A $27.50
AR CON 2 Type 425 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 428 MRC Yes No $14.25 N/A $14.25
AR CON 2 Type 428 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 435 MRC Yes No $14.25 N/A $14.25
AR CON 2 Type 435 NRC Yes No $75.00 N/A $75.00
2 Loop Signaling, capable of 900 ohms
or more
AR CON 2 Type 420 MRC Yes No $12.25 N/A $12.25
AR CON 2 Type 420 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 422 MRC Yes No $8.25 N/A $8.25
AR CON 2 Type 422 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 423 MRC Yes No $8.75 N/A $8.75
AR CON 2 Type 423 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 435 MRC Yes No $7.50 N/A $7.50
AR CON 2 Type 435 NRC Yes No $75.00 N/A $75.00
2 Loop Signaling, capable off less than
900 ohms
AR CON 2 Type 420 MRC Yes No $18.50 N/A $18.50
AR CON 2 Type 420 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 422 MRC Yes No $15.25 N/A $15.25
AR CON 2 Type 422 NRC Yes No $75.00 N/A $75.00
Page 11
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 Type 423 MRC Yes No $10.50 N/A $10.50
AR CON 2 Type 423 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type 435 MRC Yes No $12.00 N/A $12.00
AR CON 2 Type 435 NRC Yes No $75.00 N/A $75.00
AR CON 2 Type A, resistance in the range of
0-199 ohms MRC Yes No $6.25 N/A $6.25
AR CON 2 Type A, resistance in the range of
0-199 ohms NRC Yes No $75.00 N/A $75.00
AR CON 2 Type B, resistance in the range of 200
to 899 ohms MRC Yes No $3.80 N/A $3.80
AR CON 2 Type B, resistance in the range of 200
to 899 ohms NRC Yes No $75.00 N/A $75.00
AR CON 2 Type C, resistance of 900 ohms or more MRC Yes No $1.50 N/A $1.50
AR CON 2 Type C, resistance of 900 ohms or more NRC Yes No $75.00 N/A $75.00
2
Page 12
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
2
2
2
SW BEL 2
2
ST CO 2 Tariff GTE Long Distance Telecommunications
Services:
2 IntraLATA Two Point Service:
2 Day Rate:
2 Initial Minute:
AR CON 2 D.MTS 1 to 8 Miles USAGE Yes Yes $0.10 $0.01 $0.09
AR CON 2 D.MTS 9 to 12 Miles USAGE Yes Yes $0.12 $0.01 $0.11
AR CON 2 D.MTS 13 to 16 Miles USAGE Yes Yes $0.15 $0.02 $0.13
AR CON 2 D.MTS 17 to 21 Miles USAGE Yes Yes $0.18 $0.02 $0.16
AR CON 2 D.MTS 22 to 26 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 27 to 31 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 32 to 41 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 42 to 56 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 57 to 71 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 72 to 87 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 88 to 127 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS Over 128 Miles USAGE Yes Yes $0.23 $0.03 $0.20
2 Each Additional Minute:
AR CON 2 D.MTS 1 to 8 Miles USAGE Yes Yes $0.08 $0.01 $0.07
AR CON 2 D.MTS 9 to 12 Miles USAGE Yes Yes $0.10 $0.01 $0.09
AR CON 2 D.MTS 13 to 16 Miles USAGE Yes Yes $0.12 $0.01 $0.11
AR CON 2 D.MTS 17 to 21 Miles USAGE Yes Yes $0.15 $0.02 $0.13
AR CON 2 D.MTS 22 to 26 Miles USAGE Yes Yes $0.18 $0.02 $0.16
AR CON 2 D.MTS 27 to 31 Miles USAGE Yes Yes $0.20 $0.02 $0.18
AR CON 2 D.MTS 32 to 41 Miles USAGE Yes Yes $0.22 $0.03 $0.19
AR CON 2 D.MTS 42 to 56 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 57 to 71 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 72 to 87 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS 88 to 127 Miles USAGE Yes Yes $0.23 $0.03 $0.20
AR CON 2 D.MTS Over 128 Miles USAGE Yes Yes $0.23 $0.03 $0.20
2 Evening Rate:
2 Initial Minute:
AR CON 2 D.MTS 1 to 8 Miles USAGE Yes Yes $0.0831 $0.0099 $0.0732
AR CON 2 D.MTS 9 to 12 Miles USAGE Yes Yes $0.0997 $0.0119 $0.0878
AR CON 2 D.MTS 13 to 16 Miles USAGE Yes Yes $0.1246 $0.0149 $0.1097
AR CON 2 D.MTS 17 to 21 Miles USAGE Yes Yes $0.1496 $0.0178 $0.1318
AR CON 2 D.MTS 22 to 26 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 27 to 31 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 32 to 41 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 42 to 56 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 57 to 71 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
Page 13
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 D.MTS 72 to 87 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 88 to 127 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS Over 128 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
2 Each Additional Minute:
AR CON 2 D.MTS 1 to 8 Miles USAGE Yes Yes $0.0665 $0.0079 $0.0586
AR CON 2 D.MTS 9 to 12 Miles USAGE Yes Yes $0.0831 $0.0099 $0.0732
AR CON 2 D.MTS 13 to 16 Miles USAGE Yes Yes $0.0997 $0.0119 $0.0878
AR CON 2 D.MTS 17 to 21 Miles USAGE Yes Yes $0.1246 $0.0149 $0.1097
AR CON 2 D.MTS 22 to 26 Miles USAGE Yes Yes $0.1496 $0.0178 $0.1318
AR CON 2 D.MTS 27 to 31 Miles USAGE Yes Yes $0.1662 $0.0198 $0.1464
AR CON 2 D.MTS 32 to 41 Miles USAGE Yes Yes $0.1828 $0.0218 $0.1610
AR CON 2 D.MTS 42 to 56 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 57 to 71 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 72 to 87 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS 88 to 127 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
AR CON 2 D.MTS Over 128 Miles USAGE Yes Yes $0.1911 $0.0228 $0.1683
2 Night/Weekend Rate:
2 Initial Minute:
AR CON 2 D.MTS 1 to 8 Miles USAGE Yes Yes $0.0550 $0.0066 $0.0484
AR CON 2 D.MTS 9 to 12 Miles USAGE Yes Yes $0.0660 $0.0079 $0.0581
AR CON 2 D.MTS 13 to 16 Miles USAGE Yes Yes $0.0825 $0.0098 $0.0727
AR CON 2 D.MTS 17 to 21 Miles USAGE Yes Yes $0.0990 $0.0118 $0.0872
AR CON 2 D.MTS 22 to 26 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 27 to 31 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 32 to 41 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 42 to 56 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 57 to 71 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 72 to 87 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 88 to 127 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS Over 128 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
2 Each Additional Minute:
AR CON 2 D.MTS 1 to 8 Miles USAGE Yes Yes $0.0440 $0.0052 $0.0388
AR CON 2 D.MTS 9 to 12 Miles USAGE Yes Yes $0.0550 $0.0066 $0.0484
AR CON 2 D.MTS 13 to 16 Miles USAGE Yes Yes $0.0660 $0.0079 $0.0581
AR CON 2 D.MTS 17 to 21 Miles USAGE Yes Yes $0.0825 $0.0098 $0.0727
AR CON 2 D.MTS 22 to 26 Miles USAGE Yes Yes $0.0990 $0.0118 $0.0872
AR CON 2 D.MTS 27 to 31 Miles USAGE Yes Yes $0.1100 $0.0131 $0.0969
AR CON 2 D.MTS 32 to 41 Miles USAGE Yes Yes $0.1210 $0.0144 $0.1066
AR CON 2 D.MTS 42 to 56 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 57 to 71 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 72 to 87 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS 88 to 127 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
AR CON 2 D.MTS Over 128 Miles USAGE Yes Yes $0.1265 $0.0151 $0.1114
2
AR CON 2 D.MTS Service Charge - Dial Calling Card -
Station to Station USAGE Yes No $0.35 N/A $0.35
Page 14
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 D.MTS Service Charge - Operator -
Station to Station USAGE Yes No $0.90 N/A $0.90
AR CON 2 D.MTS Service Charge - Person to Person USAGE Yes No $2.50 N/A $2.50
2
AR CON 2 D.MTS Enterprise Service MRC Yes No $4.40 N/A $4.40
2
AR CON 2 D.MTS Selective Class of Call Screening MRC Yes Yes $53.00 $6.32 $46.68
AR CON 2 D.MTS Selective Class of Call Screening NRC Yes No $340.00 N/A $340.00
2
AR CON 2 D.MTS PrePaid Calling Card Service (per minute) USAGE Yes Yes $0.40 $0.05 $0.35
2
2 Conference Service:
AR CON 2 D.MTS Conference Call Set-Up Charge USAGE Yes No $1.50 N/A $1.50
2 Conference Call Per Minute of Use Charge:
AR CON 2 D.MTS 0 - 26 Miles USAGE Yes No $0.05 N/A $0.05
AR CON 2 D.MTS 27 - 71 Miles USAGE Yes No $0.10 N/A $0.10
AR CON 2 D.MTS Over 71 Miles USAGE Yes No $0.15 N/A $0.15
2
2
2 IntraLATA Optional Toll Calling Plans:
2 Extended Community Saver:
2 Residence:
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First Hour MRC Yes Yes $2.70 $0.32 $2.38
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.045 $0.005 $0.040
2 Business:
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First Hour MRC Yes Yes $2.70 $0.32 $2.38
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.045 $0.005 $0.040
2 Residence:
AR CON 2 OCP Unlimited Usage MRC No No $16.20 N/A N/A
2 Business:
AR CON 2 OCP Unlimited Usage MRC Yes Yes $18.00 $2.15 $15.85
2
2 Circle Saver:
2 Residence Block-of-Time:
2 41 Mile Radius:
AR CON 2 OCP Monthly Rate for First Hour MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
2 Business Block-of-Time:
2 41 Mile Radius:
AR CON 2 OCP Monthly Rate for First Hour MRC Yes Yes $6.00 $0.72 $5.28
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
2
0 Xxxxxx Xxxxx Xxxxx Xxxx - Xxxx Xxxxx XXXX:
2 Residence:
Page 15
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 OCP Unlimited Usage (one-way
originating calling) MRC No No $19.95 N/A N/A
2 Business:
AR CON 2 OCP Unlimited Usage (one-way
originating calling) MRC Yes Yes $34.95 $4.17 $30.78
2
2 1+ Saver:
2 Residence:
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First Hour MRC Yes Yes $7.80 $0.93 $6.87
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.13 $0.02 $0.11
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First 5 Hours MRC Yes Yes $36.00 $4.29 $31.71
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.12 $0.01 $0.11
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First 10 Hours MRC Yes Yes $60.00 $7.16 $52.84
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
2 Business:
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First Hour MRC Yes Yes $7.80 $0.93 $6.87
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.13 $0.02 $0.11
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First 5 Hours MRC Yes Yes $36.00 $4.29 $31.71
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.12 $0.01 $0.11
2 Block-of-Time:
AR CON 2 OCP Monthly Rate for First 10 Hours MRC Yes Yes $60.00 $7.16 $52.84
AR CON 2 OCP Additional Per Minute USAGE Yes Yes $0.10 $0.01 $0.09
2
2 Residence:
2 Discount Plan:
AR CON 2 OCP 10 % Discount MRC Yes Yes Varies Varies Varies
AR CON 2 OCP 15 % Discount MRC Yes Yes Varies Varies Varies
AR CON 2 OCP 20 % Discount MRC Yes Yes Varies Varies Varies
2 Business:
2 Discount Plan:
AR CON 2 OCP 10 % Discount MRC Yes Yes Varies Varies Varies
AR CON 2 OCP 15 % Discount MRC Yes Yes Varies Varies Varies
AR CON 2 OCP 20 % Discount MRC Yes Yes Varies Varies Varies
2
2 Designated Number Plan:
2 Residence:
AR CON 2 OCP Unlimited Usage to First Designated
Number MRC Yes Yes $15.00 $1.79 $13.21
AR CON 2 OCP Unlimited Usage to Each Additional
Designated Number MRC Yes Yes $10.00 $1.19 $8.81
2 Business:
AR CON 2 OCP Unlimited Usage to First Designated
Number MRC Yes Yes $15.00 $1.79 $13.21
AR CON 2 OCP Unlimited Usage to Each Additional
Designated Number MRC Yes Yes $10.00 $1.19 $8.81
2
Page 16
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
2
2 Wide Area Telecommunications Services:
2 800 Service:
AR CON 2 WATS Access Line MRC Yes Yes $38.00 $4.53 $33.47
2 Usage Rates (per Hour):
AR CON 2 WATS Day - First 10 Hours USAGE Yes Yes $18.00 $2.15 $15.85
AR CON 2 WATS Day - Next 15 Hours USAGE Yes Yes $16.20 $1.93 $14.27
AR CON 2 WATS Day - Next 25 Hours USAGE Yes Yes $14.40 $1.72 $12.68
AR CON 2 WATS Day - Over 50 Hours USAGE Yes Yes $12.60 $1.50 $11.10
2
AR CON 2 WATS Evening - First 10 Hours USAGE Yes Yes $15.00 $1.79 $13.21
AR CON 2 WATS Evening - Next 15 Hours USAGE Yes Yes $13.20 $1.57 $11.63
AR CON 2 WATS Evening - Next 25 Hours USAGE Yes Yes $12.00 $1.43 $10.57
AR CON 2 WATS Evening - Over 50 Hours USAGE Yes Yes $10.80 $1.29 $9.51
2
AR CON 2 WATS Night/Weekend - First 10 Hours USAGE Yes Yes $9.60 $1.15 $8.45
AR CON 2 WATS Night/Weekend - Next 15 Hours USAGE Yes Yes $8.40 $1.00 $7.40
AR CON 2 WATS Night/Weekend - Next 25 Hours USAGE Yes Yes $7.20 $0.86 $6.34
AR CON 2 WATS Night/Weekend - Over 50 Hours USAGE Yes Yes $6.60 $0.79 $5.81
2
2
2 Outward WATS:
AR CON 2 WATS Access Line MRC Yes Yes $38.00 $4.53 $33.47
2 Usage Rates (per Hour):
AR CON 2 WATS Day - First 10 Hours USAGE Yes Yes $10.80 $1.29 $9.51
AR CON 2 WATS Day - Next 15 Hours USAGE Yes Yes $9.60 $1.15 $8.45
AR CON 2 WATS Day - Next 25 Hours USAGE Yes Yes $8.40 $1.00 $7.40
AR CON 2 WATS Day - Over 50 Hours USAGE Yes Yes $6.60 $0.79 $5.81
2
AR CON 2 WATS Evening - First 10 Hours USAGE Yes Yes $9.60 $1.15 $8.45
AR CON 2 WATS Evening - Next 15 Hours USAGE Yes Yes $8.40 $1.00 $7.40
AR CON 2 WATS Evening - Next 25 Hours USAGE Yes Yes $7.20 $0.86 $6.34
AR CON 2 WATS Evening - Over 50 Hours USAGE Yes Yes $6.00 $0.72 $5.28
2
AR CON 2 WATS Night/Weekend - First 10 Hours USAGE Yes Yes $6.60 $0.79 $5.81
AR CON 2 WATS Night/Weekend - Next 15 Hours USAGE Yes Yes $6.00 $0.72 $5.28
AR CON 2 WATS Night/Weekend - Next 25 Hours USAGE Yes Yes $5.40 $0.64 $4.76
AR CON 2 WATS Night/Weekend - Over 50 Hours USAGE Yes Yes $4.80 $0.57 $4.23
2
2
2 Business Line 800:
AR CON 2 WATS Access Line MRC Yes Yes $5.00 $0.60 $4.40
2
2 Usage Rates:
2 Per Minute of Use Plan:
Page 17
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GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
AR CON 2 WATS Day Rate USAGE Yes Yes $0.20 $0.02 $0.18
AR CON 2 WATS Evening/Night/Weekend Rate USAGE Yes Yes $0.18 $0.02 $0.16
2 Two Hour Block Plan:
AR CON 2 WATS Initial Period USAGE Yes Yes $21.60 $2.58 $19.02
AR CON 2 WATS Each Additional Minute USAGE Yes Yes $0.17 $0.02 $0.15
2 Five Hour Block Plan:
AR CON 2 WATS Initial Period USAGE Yes Yes $45.00 $5.37 $39.63
AR CON 2 WATS Each Additional Minute USAGE Yes Yes $0.14 $0.02 $0.12
2
2 Change Charges:
AR CON 2 WATS Number of Terminations Changed
(1 or 2 Terms) NRC Yes No $20.00 N/A $20.00
AR CON 2 WATS Number of Terminations Changed
(3 to 10 Terms) NRC Yes No $90.00 N/A $90.00
AR CON 2 WATS Number of Terminations Changed
(Over 10 Terms) NRC Yes No $225.00 N/A $225.00
2
AR CON 2 WATS Change Billing Arrangement Charge NRC Yes No $12.50 N/A $12.50
2
AR CON 2 WATS Charge to Change Usage Plans NRC Yes No $5.00 N/A $5.00
2
AR CON 2 WATS Call Detail Information per Account
Charge swb tariff NRC No No $12.50 N/A N/A
2
2
2 Residence Line 800:
AR CON 2 WATS Access Line MRC Yes Yes $3.95 $0.47 $3.48
2
2 Usage Rates:
2 Per Minute of Use Plan:
AR CON 2 WATS Day Rate USAGE Yes Yes $0.20 $0.02 $0.18
AR CON 2 WATS Evening/Night/Weekend Rate USAGE Yes Yes $0.18 $0.02 $0.16
2 One Hour Block Plan:
AR CON 2 WATS Initial Period USAGE Yes Yes $9.00 $1.07 $7.93
AR CON 2 WATS Each Additional Minute USAGE Yes Yes $0.14 $0.02 $0.12
2 Two Hour Block Plan:
AR CON 2 WATS Initial Period USAGE Yes Yes $15.00 $1.79 $13.21
AR CON 2 WATS Each Additional Minute USAGE Yes Yes $0.12 $0.01 $0.11
2
2 Change Charges:
AR CON 2 WATS Number of Terminations Changed
(1 or 2 Terms) NRC Yes No $20.00 N/A $20.00
AR CON 2 WATS Number of Terminations Changed
(3 to 10 Terms) NRC Yes No $90.00 N/A $90.00
AR CON 2 WATS Number of Terminations Changed
(Over 10 Terms) NRC Yes No $225.00 N/A $225.00
2
AR CON 2 WATS Change Billing Arrangement Charge NRC Yes No $12.50 N/A $12.50
2
AR CON 2 WATS Charge to Change Usage Plans NRC Yes No $5.00 N/A $5.00
2
AR CON 2 WATS Call Detail Information per Account
Charge NRC No No $12.50 N/A N/A
Page 18
132
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
2
Page 19
133
GTE ARKANSAS (CONTEL) TARIFFS
RESALE PRODUCTS & SERVICES
GTE ARKANSAS (CONTEL) GENERAL EXCHANGE TARIFF
BILLING RESALE DISCOUNT RETAIL AVOIDED RESALE
ST CO RULE SEC SERVICE DESCRIPTION TYPE POSITION POSITION RATE COST RATE
2
GTE AR 2
2
2 SPECIAL ACCESS SERVICES
2 DIGITAL DATA SERVICE -asso. with Sw.
Data Svc.
AR CON 2 7 CIRCUIT MILEAGE (FIXED) 56 KBPS MRC Yes No $73.75 N/A $73.75
AR CON 2 7 CIRCUIT MILEAGE - PER MILE 56 KPBS MRC Yes No $3.10 N/A $3.10
2
2
2 7 HIGH CAPACITY DS1
2
AR CON 2 7 Circuit term -per pt. of termination NRC Yes No $900.00 N/A 900.00
AR CON 2 7 Circuit term -per pt. of termination MRC Yes No $325.00 N/A $325.00
AR CON 2 7 CIRCUIT MILEAGE (FIXED) 1.544 mbps MRC Yes No $60.00 N/A $60.00
AR CON 2 7 CIRCUIT MILEAGE - PER MILE 1.544 mpbs MRC Yes No $17.86 N/A $17.86
Footnote: (1) If service is priced
below cost, a discount will not apply.
Footnote: (2) The retail rates above do
not include the End User Subscriber Line
Charge (EUSLC). The ALEC will be
responsible for the business or residential
charge, $6.00 and $3.50 respectively.
Footnote: (3) Confidential and proprietary.
This document is subject to the terms and
conditions of the nondisclosure
agreement between the CLEC and GTE.
Page 20
134
APPENDIX C
INTERCONNECTION, TELECOMMUNICATIONS SERVICES
AND FACILITIES AGREEMENT
BETWEEN
GTE MIDWEST INCORPORATED
GTE ARKANSAS INCORPORATED
AND
DIGITAL TELEPORT, INC.
AMENDMENT NO. _________
THIS AMENDMENT (herein so called) is made effective as of_____________,
199___, by and between GTE Midwest Incorporated/GTE Arkansas Incorporated
("GTE") and Digital Teleport, Inc. ("DTI"). GTE and DTI are sometimes referred
to herein collectively as the "Parties" and individually as a "Party." Either
GTE or DTI may be referred to as "Provider" or "Customer" as the context
requires.
WHEREAS, Provider is providing to Customer and Customer is purchasing from
Provider those Services described in that certain Interconnection,
Telecommunications Services and Facilities Agreement for the State of __________
by and between GTE and DTI dated effective as of________________, 199___(the
"Agreement"); and
WHEREAS, the Parties desire to amend the Agreement as provided in this
Amendment.
NOW, THEREFORE, in consideration of the terms and conditions contained in this
Amendment, the Parties agree as follows:
1.
2. ADDITIONAL SERVICES [IF APPLICABLE]
2.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following services under the terms and conditions set
forth in the Agreement and within the service attachment listed below and
attached to this Amendment:
Service Attachment ______-______________________
2.2 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, ________________________ is
made a part of the Services provided under the Agreement and Service
Attachment ___________ shall be deemed to be a Service Attachment to the
Agreement.
2.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, Appendix B, Service Matrix, to the
Agreement is hereby deleted and Appendix B, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect the additional
Services and related Service Locations.
3. SERVICE LOCATIONS [IF APPLICABLE]
3.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following Services in the following locations:
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135
Service Location Services
(identified by tandem serving IP (identified by Service
area) (identified by CLLI code) Attachment Number)
3.2 As of the effective date of this Amendment, the locations set forth in
Section 3.1 above shall be deemed Service Locations under the Agreement.
3.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, Appendix B, Service Matrix, to the
Agreement is hereby deleted and Appendix B, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect additional Service
Locations.
4. INTERPRETATION
All capitalized terms used but not defined herein shall have the meanings
ascribed to such terms in the Agreement.
5. EFFECT
Except as modified herein, the Agreement shall remain in full force and
effect.
6. AUTHORITY
Each person whose signature appears below represents and warrants that he
or she has the authority to bind the Party on whose behalf he or she has
executed this Amendment.
7. MULTIPLE COUNTERPARTS
This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and
the same instrument.
8. NO OFFER
Submission of this Amendment for examination or signature does not
constitute an offer by Provider for the provision of the products or
services described herein. This Amendment will be effective only upon
execution by both Provider and Customer.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date or
dates written below effective as of the date first above written.
GTE MIDWEST INCORPORATED DIGITAL TELEPORT, INC.
GTE ARKANSAS INCORPORATED
By By
---------------------------- -------------------------
Name Name
-------------------------- ----------------------
Title Title
------------------------- ----------------------
Date Date
-------------------------- ----------------------
C-2
136
APPENDIX D
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC
General. The rates contained in this Appendix D are the rates as defined in
Article V and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
Each Party will xxxx the other Party as appropriate:
A. The Local Interconnection rate element that applies to Local
Traffic on a minute of use basis that each Party switches for
termination purposes at its wire centers. The local interconnection
rate is $0.0063158.
B. The Tandem Switching rate element that applies to tandem
routed Local Traffic on a minute of use basis. This rate includes
tandem transport, but does not include the local interconnection
charge. The tandem switching rate is $0.0011771.
C. The Common Transport Facility rate element that applies to
tandem routed Local Traffic on a per minute/per mile basis. The
Common Transport Facility rate is $0.0000328.
D. The Common Transport Terminal element that applies to tandem
routed Local Traffic on a per minute/per termination basis. The
Common Transport Termination rate is $0.0002057.
D-1
000
XXXXXXXX X
RATES AND CHARGES FOR LOCAL NUMBER PORTABILITY USING RCF
General. The rates contained in this Appendix E are as defined in Article V,
Section 7, and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
In addition, as defined in Article V, Section 3.2.3, the Party providing the
ported number will pay the other Party the rate per line per month for each
ported business line and the rate per line per month for each ported
residential line for the sharing of Access Charges on calls to ported numbers.
Business Rate Per Line Per Month: $ .
- --
Residential Rate Per Line Per Month: $ .
- --
SERVICE NUMBER PORTABILITY
-----------------------------
Remote Call Forwarding $3.70 line/month
Simultaneous Call Capability $5.70 path/month
Non-recurring for Portability $10.50
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APPENDIX F
SERVICES AVAILABLE FOR RESALE
General. The rates contained in this Appendix F are based upon an avoided cost
discount from GTE's retail rates as provided in Article VI, Section 5.3 of the
Agreement to which this Appendix F is attached and are subject to change
resulting from future Commission or other proceedings, including but not
limited to any generic proceeding to determine GTE's unrecovered costs (e.g.,
historic costs, contribution, undepreciated reserve deficiency, or similar
unrecovered GTE costs (including GTE's interim Universal Service Support
Surcharge)), the establishment of a competitively neutral universal service
system, or any appeal or other litigation.
NON-RECURRING CHARGES FOR RESALE SERVICES
-----------------------------------------
Initial Service Order, per order order $41.50
Subsequent Service Order, per order $24.00
Installation, per line $28.75
Outside Facility Connection Charge, per order* $Tariffed
*This charge will apply when field work is required for establishment of new
resale service. The terms, conditions and rates that apply for this work are
described in GTE's retail local service tariffs.
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139
APPENDIX G
PRICES FOR UNBUNDLED ELEMENTS
General. The rates contained in this Appendix G are the rates as defined in
Article VII and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Service Support Surcharge)), the establishment of a competitively neutral
universal service system, or any appeal or other litigation.
(1) Local Loops
Local Loop
2 Wire Loop $ 46.21
4 Wire Loop $ 69.19
Network Interface Device
Basic NID $ 1.60
12x NID $ 2.20
(2) Local Switching (Must purchase Port)
Ports
2 Wire Basic Port $ 3.70
DS-1 Port $ 101.80
Local Switching
Originating MOU $ 0.0063158
Terminating MOU $ 0.0063158
Intrastate End Office Switching
Originating MOU $ 0.0063158
Terminating MOU $ 0.0063158
Interconnection Charge $ 0.0043952
CCL
-Originating State Tariff
-Terminating State Tariff
Interstate End Office Switching
Originating MOU $ 0.0063158
Terminating MOU $ 0.0063158
Interconnection Charge $ 0.0043952
CCL
-Originating $ 0.0100000
-Terminating $ 0.0217290
(3) Features See Attached
(4) Dedicated Transmission Links
Entrance Facility
2 Wire Voice $ 36.00
4 Wire Voice $ 54.00
DS1 Standard 1st System $ 325.00
DS1 Standard Add'l System $ 160.00
DS3 Protected, Electrical $1,750.00
DS1 to Voice Multiplexing $ 205.00
DS3 to Voice Multiplexing $ 490.00
G-1
140
Direct Trunked Transport
Voice Facility Per ALM $ 5.33
DS1 Facility Per ALM $ 12.97
DS1 Per Termination $ 45.00
DS3 Facility Per ALM $ 60.00
DS3 Per Termination $ 300.00
(5) Common/Shared Transmission Links
Transport Termination MOU/Term $ 0.0002057
Transport Facility MOU/Mile $ 0.0000328
(6) Tandem Switching MOU $ 0.0011771
(7) Databases and Signaling Systems
Signaling Links and STP
56 Kbps Links $ 99.54
DS-1 Link $ 168.09
Signal Transfer Point (STP) Port Term $ 226.00
Call Related Databases
Line Information Database (ABS-Queries) $ 0.035
Line Information Database Transport (ABS-Queries) $ 0.0046
Toll Free Calling Database (DB800 Queries) $ 0.0101230
Non-Recurring Charges for Unbundled Services
Service Ordering (loop or port)
Initial Service Order, per order $ 47.25
Transfer of Service Charges, per order $ 16.00
Subsequent Service Order, per order $ 24.00
Customer Service Record Research, per request $ 5.25
Installation
Unbundled Loop, per loop $ 11.75
Unbundled Port, per port $ 11.75
Loop Facility Charge, per order $ 68.25
This charge will apply when field work is required for establishment of new unbundled loop service.
Monthly Recurring Charge for EIS
DS0 Level Connection $ 2.17
DS1 Level Connection $ 4.96
G-2
141
ARKANSAS FEATURES
FEATURE NAME: GTE PROPOSED RATE:
------------- ------------------
1. Speed Call 8 (Changeable) $0.25
2. Speed Call 30 (Changeable) $0.25
3. Cancel Call Waiting $0.25
4. Call Forward Variable $0.25
5. Call Waiting $0.25
6. Dual Tone Multifrequency (DTMF) $0.25
7. Teen Service/Distinctive Ringing $0.25
8. Three-Way Calling $0.75
9. Account Codes For AFR $0.25
10. Add On - Consultation Hold - Incoming Only $0.25
11. Attendant BL Verification $1.00
12. Attendant camp-on (NonDL Console) $0.50
13. Attendant Conference $3.00
14. Attendant Position Busy $1.00
15. Attendant Recall from Satellite $1.75
16. Authorization Codes for AFR $0.25
17. Basic Business Group $2.50
18. Dual Tone Multifrequency (DTMF) $0.25
19. Station-to-Station Dialing (Intercom) $2.50
20. Business Group Automatic Callback (BGAC) $0.25
21. Call Forwarding Variable $0.25
22. Business Group - Speed Call - 8 $0.25
23. Business Group - Speed Call - 30 $0.25
24. Business Group - Three Way Calling (TWC) $0.75
25. Business Set Access To Paging $2.00
26. Business Set Call Grp Intercom $173.00
27. Code Calling $0.50
28. Call Forward Busy Line $0.25
29. Call Forward Don't Answer $0.25
30. Call Forward Fixed $0.25
31. Call Forwarding - Incoming Only $0.25
32. Call Flip/Flop $0.25
33. Call Forwarding - Within Group $0.25
34. Call Hold $0.25
35. Circular Hunting $0.25
36. Control of Facilities $0.25
37. Conference Calling 6 Way $3.00
38. Call Park $0.25
39. Call Pick-Up $0.25
40. Code Restrictions and Diversion $0.75
41. Call Transfer Individual - All Calls $0.25
42. Call Waiting Originating $0.25
43. Call Waiting Terminating $0.25
44. Direct Connect $0.25
45. Directed Call Pickup W/BI $0.25
46. Directed Call Pickup WO/BI $0.25
47. Dial Call Waiting $0.25
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142
ARKANSAS FEATURES
FEATURE NAME: GTE PROPOSED RATE:
------------- ------------------
48. Remote Access to (Business Group) Features $0.25
49. Expensive Route Warning Tone $0.25
50. Fixed Night Service - Call Fwd $0.25
51. Fixed Night Service - Key $1.75
52. Fully Restricted (Orig/Term) $0.25
53. Facility Restriction Level $0.75
54. Foreign Exchange Facilities $0.50
55. Last Number Redial $0.25
56. Loud Speaker Paging $0.50
57. Make Busy Key $0.50
58. Music on Hold $0.50
59. Off-Hook Queuing $0.25
60. On-Hook Queuing $0.25
61. Preferential Multiline Hunting $0.25
62. Queuing $2.25
63. Recorded Telephone Dictation $0.50
64. Speed Calling Individual 1 Digit $0.25
65. Speed Calling Individual 2 Digit $0.25
66. Stop Xxxx Key $0.50
67. Special Intercept Announcements $8.25
68. SMDR To Customer Premise $17.75
69. Station Message Detail Recording - XXX $1.25
70. Station Restricted (Orig/Term) $0.25
71. Time of Day Routing Control $0.25
72. Toll Restricted Service $0.75
73. Two-way Splitting $0.25
74. Uniform Call Distribution (UCD) Hunting $0.25
75. Auto Alt Rt $0.50
76. Auto Rt Sel $0.25
77. Meet Me Conf $18.00
78. Automatic Busy Redial $0.25
79. Automatic Call Rejection $0.25
80. Auto Recall $0.25
81. Calling Number ID $0.25
82. Cancel Calling Number Delivery, per line $0.25
83. Customer Orig. Trace $0.25
84. VIP Alert $0.25
85. Special Call Acceptance $0.25
86. Select Call Frwd $0.25
87. Select Call Reject $0.25
88. Select Call Wait $0.25
---------------- -----
TOTAL $262.00
G-4
143
APPENDIX H
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS
The following services are offered by GTE for purchase by DTI, where an
individual item is not superseded by a tariffed offering.
NRC MRC
------- -------
1. 9-1-1 Selective Router Map $125.00 n/a
Provided is a color map showing a selective router's
location and the GTE central offices that send their
9-1-1 call to it. The selective router and central
office information will include CLLI codes and
NPA/NXXs served. The map will include boundaries of
each central office and show major streets and the
county boundary. Permission to reproduce within DTI
for its internal use is granted without further fee.
Non-tariffed price.
2. 9-1-1 Selective Router Pro-Rata Fee/trunk $0 $100.77
This fee covers the cost of selective routing switch
capacity per trunk to cover investment to handle the
additional capacity without going to the 9-1-1
districts for additional funding.
3. PS ALI Software $790.80
a personal computer software program running on
Windows 3.1(TM) for formatting subscriber records into
NENA Version #2 format to create files for uploading
to GTE's ALI Gateway. Fee includes software, warranty
and 0 000 000-0000 support at no additional cost.
4. ALI Gateway Service $135.00 $36.12
Interface for delivery of ALI records to GTE's Data
Base Management System. This provides a computer
access port for DTI to transmit daily subscriber
record updates to GTE for loading into ALI databases.
It includes support at 0 000 000-0000 at no additional
cost.
5. 9-1-1 Interoffice Trunk Tariff Tariff
This is a tariffed offering, to be found in each
state's Emergency Number Service Tariff.
6. ALI Database Tariff Tariff
This is a tariffed offering, to be found in each
state's Emergency Number Service Tariff.
7. Selective Router Database per Record Charge Tariff Tariff
Fee for each ALI record used in a GTE selective
router. This is a tariffed offering, to be found in
each state's Emergency Number Service Tariff.
8. MSAG Copy
Production of one copy of a 9-1-1 Customer's Master
Street Address Guide, postage paid.
a. Copy provided in paper format $238.50 $54.00
X-0
000
XXX MRC
------- -------
b. Copy provided in flat ASCII file on a 3 1/2" diskette $276.00 $36.00
H-2
145
APPENDIX I
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE
1. Service Ordering, Service Provisioning, and Billing Systems Generally.
The following describes generally the operations support systems that GTE
will use and the related functions that are available for ordering,
provisioning and billing for resold services, interconnection facilities
and services and unbundled network elements. Except as specifically
provided otherwise in this Agreement, service ordering, provisioning,
billing and maintenance shall be governed by the GTE Guide. Before orders
can be taken, DTI will provide GTE with as Operating Company Number
("OCN") and Company Code ("CC") as follows:
(a) The ALEC must provide their OCN (four-digit alpha-numeric
assigned by Bellcore or number administrator) on the ALEC Profile.
The GTE Guide provides the necessary information for the ALEC to
contact Bellcore to obtain the OCN. There are no optional fields on
the Profile.
(b) Before the Local Service Request ("LSR") and Directory
Service Request ("DSR") order forms can be processed DTI must
provide the OCN and Customer Carrier Name Abbreviation ("CCNA").
1.1 Operations Support Systems for Trunk-Side Interconnection
1.1.1 DTI will be able to order trunk-side interconnection
services and facilities from GTE through a direct electronic
interface over the GTE Network Data Mover ("NDM") in a
nondiscriminatory manner. Orders for trunk-side
interconnection will be initiated by an Access Service
Request ("ASR") sent electronically by DTI over the NDM.
ASRs for trunk-side interconnection will be entered
electronically into GTE's Carrier Access Management System
("CAMS") to validate the request, identify any errors, and
resolve any errors back to DTI. CAMS is a family of GTE
systems comprised primarily of EXACT/TUF, SOG/SOP, and CABS.
1.1.2 The use of CAMS to support DTI's requests for trunk-side
interconnection will operate in the following manner: GTE
will route the ASR through its data center to one of two
National Access Ordering Centers ("NACC"). The ASR will be
entered electronically into the EXACT/TUF system for
validation and correction of errors. Errors will be referred
back to DTI. DTI then will correct any errors that GTE has
identified and resubmit the request to GTE electronically
through a supplemental ASR, without penalty or charge (e.g.,
order modification charge) to DTI. Similarly, errors
committed by GTE subsequent to the receipt of a valid ASR
from DTI will be expeditiously identified and corrected by
GTE without the need for DTI's submission of a supplemental
ASR. GTE then will translate the ASR into a service order
for provisioning and billing. In order to convert the ASR
into a service order, GTE personnel must apply the necessary
elements to provision the service and include the billable
elements necessary for GTE to xxxx DTI for the services
provided. This application also requires a determination of
the access tandem to end office relationships with the
service requested.
1.1.3 At the next system level, translated service orders will be
distributed electronically through the SOG/SOP systems to
several destinations. The SOG/SOP system will begin the
actual provisioning of the service for DTI. Other GTE
provisioning systems are CNAS and ACES. The GTE Database
Administrative Group ("DBA") and the Special Services Control
Center ("SSCC") will be the two most important destinations
at this level. The DBA location will identify codes for the
appropriate
I-1
146
GTE switch in order to provide the functions required by the
ASR. The SSCC will provide the engineering for the
facilities over which the services will be handled.
Information from these two groups (and others) then will be
transmitted electronically to GTE's field service personnel
(Customer Zone Technicians or "CZTs") who will establish the
trunks and facilities, thus connecting the GTE facilities to
a connecting company, if one is required, and to DTI. GTE's
CZTs also will contact DTI directly to perform testing , and
upon acceptance by DTI, will make the necessary entries into
the GTE system to complete the order. The completed orders
then will pass to GTE's Carrier Access Billing System
("CABS") which will generate the xxxx to DTI. The billing
process under CABS requires coordination with several other
systems.
1.1.4 Billing for transport and termination services cannot be
accomplished without call records from GTE's central office
switches. Records of usage will be generated at GTE's end
office switches or the access tandems. Call usage records
will be transmitted electronically from GTE's switches
through GTE's Billing Intermediate Processor ("BIP"). This
system will collect the call records, perform limited
manipulations to the record and transfer them to a
centralized data center where they will be processed through
the Universal Measurement System ("UMS") to determine the
validity and accuracy of the records. UMS also will sort the
records and send them to the CABS billing system, from which
GTE will produce a xxxx and send it to DTI.
1.2 Operations Support Systems for Resold Services and Unbundled Elements
1.2.1 DTI will also be able to order services for resale and
unbundled network elements, as well as interim number
portability, directly from GTE through an electronic
interface. To initiate an order for these services or
elements, DTI will submit a Local Service Request ("LSR")
from its data center to GTE's Data Center using the same
electronic NDM interface used for trunk-side
interconnection. If no NDM interface exists or if DTI
chooses to establish a separate NDM interface, DTI must
request an NDM facility. For new entrants that elect not to
interface electronically, GTE will accommodate submission
of LSR orders by facsimile, E-mail, Internet or a dial NDM
arrangement. An LSR is very similar to an ASR, except that
it will be used exclusively for line-side interconnection
requests. GTE will transfer LSRs to GTE's NOMC centralized
service order processing center electronically.
1.2.2 Most LSRs will be used either to transfer an existing GTE
customer to DTI or to request service for a new customer who
is not an existing GTE customer. Depending on the situation,
different information will be required on the LSR. LSRs for
a conversion of a GTE local customer to DTI must include
information relating to all existing, new and disconnected
services for that customer, including the customer's name,
type of service desired, location of service and features or
options the customer desires. DTI will be able to obtain
this customer information after GTE has received the
customer's written consent as specified in Article VI.3.3.
For service to a new customer who is not an existing GTE
customer, the LSR must contain the customer's name, service
address, service type, services, options, features and ALEC
data. If known, the LSR should include the telephone number
and due date/desired due date.
1.2.3 While DTI would have its own customer information and may
have the SAG/GTE products on tape from GTE, DTI would not
have the due date or new telephone number for new customers
since that information is contained in GTE's systems.
Therefore, a process is required to provide this information
to DTI. GTE itself does not have uniform access to this
information electronically. Until GTE and DTI have
I-2
147
agreed and established electronic interfaces, DTI agrees that
an 800 number is the method that will be used. The 800
telephone number will connect DTI directly to GTE's NOMC
service representatives. When DTI receives a request for
basic services from a new local service customer, DTI will
call GTE's NOMC through the 800 number, and, while the new
customer is on hold, GTE will provide the due date for
service and the new telephone number for that customer. At
the same time, DTI will give GTE the new customer's name,
service address and type of requested service (i.e., X0, X0).
GTE will enter that information into its SORCES or SOLAR
service ordering systems to be held in suspense until DTI
sends the confirming LSR. DTI will then return to its
customer holding on the line and provide the due date and new
telephone number.
1.2.4 After concluding the telephone call with the new customer,
DTI will complete a confirming LSR for the new service and
send it electronically to GTE's data center for processing.
Upon receipt, GTE will match the LSR with the service order
suspended in GTE's system, and if there is a match, GTE
will process the LSR. After the LSR is processed, GTE will
transmit confirmation electronically to DTI through the NDM
that the LSR has been processed, providing a record of the
telephone number and due date. DTI will be required to
submit the confirming LSR by 12:00 p.m. each day local
time, as defined by the location of the service address. If
DTI fails to submit the LSR in a timely manner, the suspended
LSR will be considered in jeopardy, at which time GTE will
assign a new due date upon receipt of the delayed LSR for
such customer requests and notify DTI of the change.
1.2.5 Number assignments and due date schedules for services other
than single line service and xxxx groups up to 12 lines will
be assigned within approximately twenty-four (24) hours after
GTE's receipt of the LSR using the standard Local
Confirmation ("LSC") report sent electronically to DTI over
the NDM, thereby providing a record of the newly established
due date. An exception would be a multi-line xxxx group for
12 lines or fewer. The other numbers then will be provided
through the normal electronic confirmation process.
1.2.6 The processing of specifically requested telephone numbers
(called "vanity numbers") is as follows. GTE will work with
DTI on a real time interface to process vanity numbers while
DTI's customer is still on the line. If a number solution
can be established expeditiously, it will be done while the
customer is still on the line. If extensive time will be
required to find a solution, GTE service representatives will
work with DTI representatives off line as GTE would for its
own customers. For all of this, the basic tariff guidelines
for providing telephone numbers will be followed.
1.2.7 Once the order for line-side interconnection service is
established, it is moved for provisioning to the next system
level. Here, GTE will validate and process the LSR to
establish an account for DTI and, if GTE continues to provide
some residual services to the customer, GTE will maintain
a GTE account. In GTE's system, GTE's account is called the
Residual Account and DTI's account is referred to as DTI
Account. If any engineering for the service is necessary,
the account would be distributed to the SSCC. Otherwise, it
will be distributed for facility assignment.
1.2.8 With the account established and any engineering and
facility assignment complete, GTE then will transmit
electronically a record to GTE's CZT field personnel if
physical interconnection or similar activity is required.
The CZTs will provision the service and then electronically
confirm such provision in the SOLAR/SORCES system when
completed. The accounts then will be transmitted to GTE's
Customer Billing Services System ("CBSS"). GTE shall
provide to DTI a
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service completion report. Call records for actual service
provided to DTI's customers on GTE facilities will be
transmitted from GTE's switches through some usage rating
systems (BIP, UMS), screened and eventually delivered to CBSS
for the generation of bills.
1.2.9 CBSS is a different system than CABS, and it is the one that
GTE will utilize to produce the required bills for resold
services, unbundled elements and local number portability.
CBSS will create a xxxx to DTI for resold services and
unbundled elements along with a summary xxxx master.
Daily unrated records for intraLATA toll usage and local
usage (in collect usage data will be provided on rated basis)
on DTI's accounts will be generated and transmitted
electronically to DTI.
1.2.10 On resold accounts, GTE will provide usage in EMR format per
existing file exchange schedules. The usage billing will be
in agreed upon level of detail for DTI to issue a xxxx to
its end users.
1.2.11 GTE will provide DTI with detailed monthly billing
information in a paper format until an agreed upon
Electronic Data Interchange 811 electronic xxxx format is
operational.
1.2.12 State or sub-state level billing will include up to ten (10)
summary xxxx accounts.
1.2.13 GTE accepts DTI's control reports and agrees to utilize
industry standard return codes for unbillable messages.
Transmission will occur via the NDM. Tape data will conform
to Attachment "A" of the LRDTR. Data will be delivered
Monday through Friday except for Holidays as agreed. Data
packages will be tracked by invoice sequencing criteria. GTE
contacts will be provided for sending/receiving usage files.
1.2.14 GTE will retain data backup for 45 Business Days. To the
extent this retention is exclusively for DTI, DTI shall
reimburse GTE for all expenses related to this retention.
1.2.15 In addition to the LSR delivery process, DTI will distribute
directory assistance and directory listing information
(together sometimes referred to hereafter as "DA/DL
information") to GTE via the LSR ordering process over the
NDM. GTE will provide listings service via its "listing
continuity" offering.
1.2.16 Charges and credits for PIC changes ordered via an LSR will
appear on the wholesale xxxx. As DTI places a request for a
PIC change via LSR, the billing will be made on DTI account
associated with each individual end user. GTE will process
all PIC changes from IXCs that are received for DTI end users
by rejecting back to the IXC with DTI OCN. Detail is
provided so that DTI can identify the specific charges for
rebilling to their end user.
1.2.17 CMDS. The parties will provide for the distribution of
intraLATA CMDS incollect messages and/or selected local
measured service messages as follows:
1.2.17.1 Messages to be Screened. GTE receives CMDS I
transmissions containing intraLATA incollect
messages from the state RBOC CMDS host each
business day. Per DTI's request, GTE will
screen the incollects by NPA and line
number and accumulate the Collect, Third
Number Billed and Credit Card (collectively
called incollects) messages in a data file.
The screening will be
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for end users who have chosen DTI as their
local service provider through a Resale or
Unbundled Network arrangement. The screened
incollect messages and any Local Measured
Service (LMS) usage will be accumulated
and forwarded to DTI. The Parties will
mutually agree on the frequency of the data
exchange and the method of transmission (i.e.,
magnetic tape or direct electronic
transmission). GTE will forward the screened
messages in the industry standard EMR format.
GTE intraLATA toll messages that are recorded
by GTE and dialed on a one plus or zero plus
basis are not part of this section and will
not be screened.
1.2.17.2 Compensation. GTE will xxxx DTI monthly for
all services related to the screening,
accumulating, processing and transmitting of
incollect messages and LMS usage, if
applicable, at a reasonable and mutually
agreeable charge. In addition, any message
processing fee associated with DTI's incollect
messages that are charged to GTE by the CMDS
Host will be passed on to DTI on the monthly
statement. All revenue, surcharges, taxes and
any other amounts due to the CMDS Host for
DTI's incollect messages will be billed on the
monthly statement. It is DTI's responsibility
to xxxx and collect all incollect and LMS
amounts due from its end users. The incollect
and LMS revenue amounts that are listed on the
monthly invoice are payable to GTE in total.
The Parties agree that the arrangement for
invoicing the incollect and LMS revenue
amounts due GTE is not a settlement process
with DTI.
1.2.17.3 Administration. The Parties agree to
develop a process whereby DTI's end user
information is available in a timely
manner to allow GTE to build tables to screen
the CMDS incollect files and LMS files on
behalf of DTI.
1.2.18 Backbilling. GTE shall xxxx DTI on a timely basis. In no
case shall GTE xxxx DTI for previously unbilled charges that
are for more than one year prior to the current xxxx date.
1.3 Order Processing.
1.3.1 Order Expectations. DTI agrees to warrant to GTE that it is
a certified provider of telecommunications service. DTI will
document its Certificate of Operating Authority on DTI
Profile and agrees to update this DTI Profile as required to
reflect its current certification. The Parties agree to
exchange and to update end user contact and referral numbers
for order inquiry, trouble reporting, billing inquiries, and
information required to comply with law enforcement and other
security agencies of the government. The Parties also agree
to exchange and to update internal order, repair and billing
point of contacts. Prior to submitting an order under this
Agreement, DTI shall obtain such documentation as may be
required by state and federal laws and regulations.
1.3.2 GTE shall provide DTI with a specified customer contact
center for purposes of placing service orders and
coordinating the installation of services. These activities
shall be accomplished by telephone call or facsimile until
electronic interface capability has been established. The
Parties adopt the OBF LSR and DSR forms for the ordering,
confirmation and billing of resale and unbundled services.
The
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Parties adopt the OBF ASR forms for the ordering,
confirmation and billing of trunk-side interconnection.
1.3.3 GTE will process such service orders during normal operating
hours, at a minimum on each Business Day between the hours of
8 a.m. to 8 p.m. Eastern Time and shall implement service
orders within the same time intervals used to implement
service orders for similar services for its own users.
1.3.4 GTE will provide current GTE customer proprietary network
information (name, address, telephone number and description
of services provided by GTE including PIC and white page
directory listing information) as provided in Article VI,
Section 3. The return of customer information will be via
facsimile or via electronic transmission.
1.3.5 Transfer Between Local Service Providers - GTE will provide
a displacement/out service report to a Local Service Provider
(LSP) whenever an end user leaves that LSP and procures
service from another LSP. When DTI end user changes to
another LSP, GTE will notify DTI when such activity occurs
the day after completion or within 48 hours of such
disconnect.
2. Maintenance Systems.
2.1 General Overview
2.1.1 If DTI requires maintenance for its local service customers,
DTI will initiate a request for repair (sometimes referred to
as a "trouble report") by calling GTE's Customer Care Repair
Center. During this call, GTE service representatives will
verify that the end-user is DTI customer and will then obtain
the necessary information from DTI to process the trouble
report. While DTI representatives are still on the line, GTE
personnel will perform an initial analysis of the problem
and remote line testing for resale services. If engineered
services are involved, the call will be made to the GTE SSCC
for handling. If no engineering is required and the line
testing reveals that the trouble can be repaired remotely,
GTE personnel will correct the problem and close the trouble
report while DTI representatives are still on the line. If
on-line resolution is not possible, GTE personnel will
provide DTI representatives a commitment time for repair, and
the GTE personnel then will enter the trouble ticket into the
GTE service dispatch queue. DTI's repair service commitment
times will be within the same intervals as GTE provides to
its own end users. Maintenance and repair of GTE facilities
is the responsibility of GTE and will be performed at no
incremental charge to DTI. If, as a result of DTI-initiated
trouble report, trouble is found to be the responsibility of
DTI (e.g., non-network cause) GTE will charge DTI for trouble
isolation. DTI will have the ability to report trouble for
its end users to appropriate trouble reporting centers 24
hours a day, 7 days a week. DTI will be assigned a customer
contact center when initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be
processed in essentially the same manner as those by the GTE
Customer Care Center. GTE personnel will analyze the
problem, provide DTI representative with a commitment time
while they are still on the line, and then place the trouble
ticket in the dispatch queue.
2.1.3 GTE then will process all DTI trouble reports in the
dispatch queue along with GTE trouble reports in the order
they were filed (first in, first out), with priority given to
out-of-service conditions. If, at any time, GTE would
determine that a commitment time given to DTI becomes in
jeopardy, GTE service representatives will contact
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DTI by telephone to advise of the jeopardy condition and
provide a new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted
electronically to GTE CZT service technicians who will repair
the service problems and clear the trouble reports. For
cleared DTI trouble reports, GTE service technicians will
make a telephone call to DTI directly to clear the trouble
ticket. GTE service technicians will make the confirmation
call to the telephone number provided by DTI. If DTI is
unable to process the call or places the GTE technician on
hold, the call will be terminated. To avoid disconnect, DTI
may develop an answering system, such as voice mail, to
handle the confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to operation
support systems functions which provide the capability to
initiate, status and close a repair trouble ticket. GTE
will not provide to DTI real time testing capability on DTI
end user services. GTE will not provide to DTI an interface
for network surveillance (performance monitoring).
2.1.6 GTE will resolve repair requests by or for DTI local service
customers using GTE's existing repair system in parity with
repair requests by GTE end users. GTE will respond to
service requests for DTI using the same time parameters and
procedures that GTE uses. DTI then would call GTE's Customer
Care Center or SSCC while the customers were on hold.
2.2 Network Management Controls.
2.2.1 Network Maintenance and Management. The Parties will work
cooperatively to install and maintain a reliable network.
2.2.2 Neither Party shall be responsible to the other if necessary
changes in network configurations render any facilities of
the other obsolete or necessitate equipment changes.
2.2.3 Network Management Controls. Each Party shall provide a
24-hour contact number for Network Traffic Management issues
to the other's network surveillance management center. A fax
number must also be provided to facilitate event
notifications for planned mass calling events. Additionally,
both Parties agree that they shall work cooperatively that
all such events shall attempt to be conducted in such a
manner as to avoid degradation or loss of service to other
end users. Each Party shall maintain the capability of
respectively implementing basic protective controls such as
"Cancel To" and "Call Gap."
3. Electronic Interface. The Parties shall work cooperatively in the
implementation of electronic gateway access to GTE operational support
systems functions in the long-term in accordance with established industry
standards. DTI shall compensate GTE for the full costs including but not
limited to design, development, testing, implementation and deployment,
for access to GTE's Operational Support System functions. Where
subsequent parties request use of GTE's operation support systems, cost
recovery for such electronic interface systems shall be allocated among
all requesting users.
3.1 DTI shall have immediate access to the following OSS electronic
interfaces that will provide functionality to enable DTI to service
customers in an equal and non-discriminatory manner:
3.1.1 Pre-Order functions, e.g., TN Assignment, DD Reservation,
Address Validation, Product Availability, that are available
on a dial-up or dedicated basis using the Secure Integrated
Gateway System (SIGS).
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3.1.2 Order functions that are available on a dial-up or dedicated
basis using CONNECT: Mail file transfer.
3.1.3 Repair functions, e.g., trouble report repair functions, to
allow DTI to determine status and close trouble reports.
3.1.4 Electronic transfer of DTI xxxx in electronic data 811
format.
3.2 DTI may migrate to fully interactive system to system interconnectivity.
GTE, with input from DTI and other carriers, shall provide general
interface specifications for electronic access to this functionality.
These specifications will be provided to enable DTI to design system
interface capabilities. Development will be in accordance with applicable
national standards committee guidelines. Such interfaces will be
available as expeditiously as possible.
3.3 All costs and expenses for any new or modified electronic interfaces
exclusively to meet DTI requirements that GTE determines are technically
feasible and GTE agrees to develop will be paid by DTI. Costs for
development of systems intended for common use by competing carriers will
be assessed based on a mutually agreed method of cost recovery.
3.4 DTI shall be responsible for modifying and connecting any of its
pre-ordering and ordering systems with GTE provided interfaces as
described in this Appendix.
4. GTE Initiated Electronic System Redesigns. GTE will not charge DTI when
GTE initiates its own electronic system redesigns/reconfigurations.
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APPENDIX J
SS7 SERVICES
ARTICLE 1.
DEFINITIONS
In addition to the definitions contained elsewhere in the Agreement to which
this Appendix J is attached and made a part, for purposes of this Appendix J
the following terms shall have the following meanings.
1.1 "A" Link: An access signaling link that connects SPs and/or SSPs to
STPs.
1.2 "B" Link: A bridge signaling link that connects two (2) sets or pairs of
STPs, not the STPs within a mated pair, but on the same hierarchical
level.
1.3 Compatibility Testing: Certification testing performed by
representatives of GTE and DTI to ensure proper interconnection of CCS
network facilities for accurate transmission of system signals and
messages. This certification testing shall be performed in accordance
with the following ANSI documents:
T1.234 Telecommunications - Signaling System Number 7 (SS7) - MTP
Levels 2 and 3 Compatibility Testing (ATIS)
T1.235 Telecommunications - Signaling System Number 7 (SS7) - SCCP
Class 0 Compatability Testing (ATIS)
T1.236 Telecommunications - Signaling System Number 7 (SS7) - ISDN
User Part Compatibility Testing (ATIS)
1.4 Service: The service described in Article 2 of this Appendix.
1.5 Signaling Link: An end-to-end high-capacity data link (56 kbps) that
transmits supervision and control signals from one network SS7 node to
another in a CCS network. The link type identifies the functionality of
the signaling link sets. The two link types associated with the Service
are "a" Links and "B" Links.
1.6 Signaling Point Code (SPC): A code that identifies the Signaling Point
address in the CCS network. Signaling Point Codes consist of three (3)
segments of three (3) digits each, identifying the network ID, network
cluster, and cluster member, respectively.
1.7 Signaling Point of Interface (SPOI): The point at which GTE hands off
signaling information to DTI.
ARTICLE 2.
SERVICE DESCRIPTION
2.1 Provision. Subject to the terms and conditions of this Appendix, GTE
agrees to provide the Service to DTI.
2.2 Interconnection. This Agreement is for DTI's interconnection with GTE at
GTE's ___________________ STPs to support local exchange services. DTI
shall not submit signaling messages in support of interexchange services.
2.3 Service. The "Service" consists of the following:
(a) Interconnection of GTE's CCS/SS7 network to DTI's CCS/SS7
network is via an "a" Link connection between DTI's SP or SSP and
GTE's STP. The "a" Link connection is made by a dedicated 56 kbps
channel between the SP or SSP and the STP. Any connection from an
SSP
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or an SP to an STP pair will have a link to each individual STP
(i.e., two (2) links). DTI and GTE shall mutually agree upon the
location of the SPOI.
(b) Interconnection of GTE's CCS/SS7 network to DTI's CCS/SS7
network via a "B" Link connection between DTI's STPs and GTE's STPs.
The "B" Link connection is a dedicated 56 kbps channel.
Connections between two (2) pairs of STPs will have four (4)
connections; i.e., one (1) link from each individual STP to each
individual STP. DTI and GTE shall mutually agree upon the location
of the SPOI.
(c) Local and IntraLATA call set-up signaling, allowing DTI to
use the out-of-band trunk signaling provided by GTE's CCS/SS7
network to carry its calls on the intraLATA toll network.
(d) The Service shall include access to: (1) all switching
systems served by a given STP which have been converted to SS7
signaling, including switching systems owned by other local service
providers; (2) databases directly connected to a given STP, with the
exception of 800/888 databases which can be accessed through any
STP; (3) other local service provider STPs on an intraLATA basis;
and (4) other Third Party local service provider STPs on an
intraLATA basis.
(e) It is the responsibility of DTI to populate the "privacy
indicator" portion of all SS7 signaling messages forwarded to GTE's
network. GTE agrees to deliver the information forwarded by DTI in
the SS7 signaling message. DTI, by entering into this Agreement,
agrees to deliver "privacy indicator" information forwarded by GTE
in its signaling message.
(f) DTI acknowledges that call set-up times may be greater when
DTI employs intermediate access tandems (IATs) in its network.
(g) If selected on the order form attached to this Appendix, the
Service shall also include IXC call set-up signaling service (ISUP)
as described in Article 2.4 of this Appendix. Additional charges as
set forth in Exhibit A shall apply.
2.4 ISUP Service Charge. This is an optional service that allows DTI to
utilize SS7 signaling to an SS7 capable interexchange carrier (IXC) for
Feature Group D access service and other intraLATA interexchange services.
The ISUP service is a monthly charge.
(a) The rate for ISUP signaling is per connection in situations
when GTE does not provide any underlying call messages for DTI on
GTE's network trunks. The rate for ISUP signaling is shown in
Exhibit a.
(b) Where GTE has a mated pair of STPs and has CCS/SS7
interconnection facilities to an IXC within the same LATA, for
interexchange telecommunications services, GTE shall provide call
set-up signaling between DTI and the IXC.
(c) DTI agrees to provide to GTE such information as deemed
necessary by GTE for network planning in connection with this
offering and as may be requested by GTE from time to time.
(d) DTI must provide the Signaling Point Codes of the IXCs for
which it is providing call setup via GTE's SS7 signaling network, so
that GTE screening and translation tables can be updated.
2.5 Technical Specifications. The technical specifications for the Services
described above are defined in Bellcore TR-TSV-000905. GTE will provide
SS7 via OR-394-SS7 and/or OR-317-SS7 format(s).
2.6 Other Services. If DTI desires to order SS7-related services other than
the Service, such services will be governed by separate agreements.
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2.7 Applicable Traffic. The Service applies to the traffic of DTI and its
subtending LECs only. DTI must provide GTE with thirty (30) calendar
days' written notice and a letter of agency before the traffic of any
party other than DTI or its subtending LECs may be transmitted through
DTI's facilities on to GTE's SS7 network.
ARTICLE 3.
MANNER OF PROVISIONING
3.1 Link Facilities. The link facilities to GTE STPs in the same LATA can be
either:
(a) "a" Link sets from DTI's SP or SSP. A minimum of two (2)
links is required, one (1) from the SP or SSP to each STP; or,
(b) "B" Link sets from DTI's STPs that are connected to GTE's
mated pairs of STPs. A minimum of four (4) links is required
between the two (2) pairs of STPs.
3.2 Port Termination. An STP port termination is required for each 56 kbps
access link utilized for the Service. STP locations are set forth in the
National Exchange Carrier Association, Inc. (NECA) Tariff, F.C.C. No. 4.
3.3 Signaling Point Codes. GTE shall install all applicable Signaling Point
codes for each signaling link at each of GTE's interconnecting STPs.
3.4 Protocol. GTE shall provision the Service in accordance with ANSI T1.226
Telecommunications - Operations, Administration, Maintenance, and
Provisioning (OAM&P) -Management of functions for Signaling System No. 7
(SS7) Network Interconnections (ATIS) with the exception of references to
OMAP protocol elements. The Service cannot be established until
Compatibility Testing has been successfully completed between DTI and GTE.
3.5 56 kbps Channel. Unless DTI elects to provide such links, GTE shall
provide two (2) or four (4) 56 kbps circuits as link facilities at rates
set forth in Article 4 herein. If approved by GTE, DTI may utilize a 56
kbps channel of an intraLATA DS1 (1.544 mbps) facility, which is in place
at the time of ordering, as an "A" Link or a "B" Link, for the STP access
connection between the SPOI and GTE's STP. WHEN THIS OPTION IS CHOSEN,
DTI UNDERSTANDS AND ACCEPTS THAT THE SERVICE PERFORMANCE STANDARDS AS
OUTLINED IN BELLCORE DOCUMENT TR-TSV-000905 MAY NOT BE MET IN THE
PROVISION OF THE TOTAL SERVICE. If such a channel is not utilized, DTI
must order DS1 (1.544 Mbps) service.
3.6 Multiplexing. Where technically required, GTE shall provide multiplexing
arrangements to DTI at no charge.
3.7 Diversity. Where technically feasible and not unreasonably economically
burdensome, GTE agrees to allow interoffice and intraoffice diversity.
ARTICLE 4.
RATES AND CHARGES
4.1 Payment. DTI agrees to pay to GTE for the Service at the rates and
charges set forth in Exhibit A attached to this Appendix and made a part
hereof.
4.2 Period. Subject to Article 4.3 below, the rates and charges shall remain
in effect and are firm for a period of twelve (12) months from the
effective date of this Appendix. Thereafter, GTE shall give DTI sixty
(60) calendar days' notice of any price change. If the new prices are not
acceptable to DTI, DTI may terminate this Appendix upon thirty (30)
calendar days' advance written notice without penalties for either Party.
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4.3 Rate Basis. The rates are based upon rates and charges reflected in
GTE's approved CCS/SS7 interconnection tariffs. To the extent that tariff
rates are adjusted, rates and charges for similar rate elements in this
Appendix will be adjusted accordingly on the date the new tariff rates
become effective. If a state or federal regulatory agency requires, or
GTE elects, to offer the Service by tariff, the tariff shall supersede
this Appendix. If the Service becomes tariffed, DTI has the right to
terminate this Appendix upon sixty (60) calendar days' advance written
notice effective on the effective date of such tariff, without penalty to
either Party.
4.4 Mileage. Mileage is calculated on the airline distance between the
locations involved, using the V&H coordinates method, as set forth in the
National Exchange Carrier Association, Inc. Tariff, F.C.C. No. 4.
4.5 Rates and Charges. Rates and charges for each component of the Service
are described as follows:
(a) "A" Link connection - Charges for the "a" Link connection to
GTE's CCS/SS7 network consist of the STP port termination charges.
(1) The STP port termination charges are for the
termination of a 56 kbps channel at each STP from DTI's SSP or
SP.
(2) DTI will lease facilities between its SSPs/SPs
and GTE's STPs.
(b) "B" Link connection - Charges for the "B" Link connection to
GTE's CCS/SS7 network consist of the STP port termination charges.
(1) The STP port termination charges are for the
termination of a 56 kbps channel at each STP from DTI's STPs.
(2) DTI and GTE shall mutually agree upon the rates
for "B" Link interconnections within thirty (30) calendar days
of the execution of this Agreement.
(c) STP Interconnection nonrecurring charge - STP interconnection
nonrecurring charge shall apply for each "A" Link and "B" Link
interconnection to GTE's SS7 network.
4.6 Rearrangement. Charges for rearrangement of the Service that are not
specifically addressed will be determined by GTE on an individual case
basis.
4.7 Applicable Traffic. The rates apply only to the traffic of DTI and its
subtending LECs. Any traffic from any other party will be subject to
additional charges.
ARTICLE 5.
ORDERING THE SERVICE
5.1 Order. To order the Service, DTI shall submit a completed CCS/SS7 Order
Form to GTE. DTI may change its Service order by submitting a new Order
Form which shall be effective when executed by both Parties. Service
shall be implemented for DTI thirty (30) calendar days after the execution
of this Agreement by both Parties.
5.2 Port Terminations. GTE shall reserve STP port terminations only upon
receipt of a fully executed copy of this Agreement and the Order Form
referred to in this Appendix. GTE shall reserve ports on a first come,
first served basis. Should DTI fail to use a port within sixty (60)
Business Days of availability, GTE may reassign the port and, DTI must
resubmit an Order Form for interconnection.
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ARTICLE 6.
RESPONSIBILITIES OF GTE
6.1 Managing the Network. GTE is responsible for managing the network
provided by GTE as part of the Service and applying protective controls
which it can invoke as a result of occurrences including, but not limited
to, failure or overload of GTE or DTI facilities due to natural disasters,
mass calling or national security demands.
6.2 Performance Standards. GTE is responsible for meeting service
performance standards as outlined in Bellcore TR-TSV-000905 except as
otherwise provided herein.
6.3 Invoice. GTE shall include with the monthly invoice such data GTE and
DTI mutually agree is necessary for DTI to verify the accuracy of the
billing it receives from GTE for the Service.
ARTICLE 7.
RESPONSIBILITIES OF DTI
7.1 Signaling Link. DTI shall provision the signaling links from its
premises to the SPOIs in a manner technically compatible to the GTE
network.
7.2 Privacy Indicator. DTI shall populate the "privacy indicator" portion of
the CCS/SS7 initial address message forwarded to GTE's network for call
processing.
7.3 Accuracy of Information. DTI shall verify the accuracy of information
provided by DTI concerning the Service ordered by DTI.
7.4 Forecast. DTI shall furnish to GTE, at the time the Service is ordered
and annually thereafter, an updated three year forecast of usage for the
56 kbps channel and the STP port termination for each STP pair. The
forecast shall include total annual volume and busy hour busy month
volume. GTE shall utilize the forecast in its own efforts to project
further facility requirements.
7.5 Changes. DTI agrees to inform GTE in writing at least thirty (30)
Business Days in advance of any change in its use of the Service that
alters by ten percent (10%) or more for any thirty (30) day period the
volume of signaling transactions to be forwarded to GTE's CCS/SS7 network.
DTI will provide the reason for the change in volume by individual SS7
service.
ARTICLE 8.
SIGNALING POINT CODES
8.1 Interconnection. DTI may utilize either the GTE CCS/SS7 network SPC or
its own SPC for interconnection purposes when interconnecting its SPs or
SSPs at the "A" Link level. DTI shall utilize its own SPC when
interconnecting its STP at the "B" Link level. DTI agrees to obtain its
own initial SPC if it has short or long range plans to provide its own
STPs.
8.2 SPC. When the SPC is utilized, GTE shall be responsible for DTI code
assignment. When DTI obtains its own SPC, DTI shall be responsible for
code assignments and shall be responsible for notifying GTE and other
CCS/SS7 network providers of such assignments.
8.3 SPC Change. Due to the complexities and potential DTI signaling network
downtime required for changing working SPCs, DTI agrees to give GTE a
written notice of an SPC change as soon as possible but no later than
thirty (30) Business Days prior to the effective date of the SPC change.
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ARTICLE 9.
MONTHLY BILLING
Billing statements shall be rendered monthly by GTE to DTI. The monthly charge
shall be the total of all monthly rate element charges associated with the
Service. Payment to GTE for bills rendered to DTI shall be due thirty (30)
calendar days after receipt of the invoice and DTI agrees to pay all billed
amounts. Beginning the day after the due date of the xxxx, interest charges of
twelve per cent (12%) per annum or the maximum allowed by law, whichever is
less, shall be added to DTI's xxxx. Payments shall be applied to the oldest
outstanding amounts first.
ARTICLE 10.
LIABILITY AND INDEMNIFICATION
10.1 Release from Liability. Each Party releases the other from any
liability for loss or damage arising out of errors, interruptions,
defects, failures, delays, or malfunctions of the Service, including
any and all associated equipment and data processing systems, not
caused by gross negligence or willful misconduct. Any losses or
damages for which either Party is held liable under this Agreement
shall in no event exceed the amount of the charges for the Service
during the period beginning at the time notice of the error,
interruption, defect, failure, or malfunction is received, to the time
Service is restored.
10.2 Limitation of Liability. IN ADDITION TO THE LIMITATION OF LIABILITY
SET FORTH AT SECTION 24.4 OF ARTICLE III OF THE AGREEMENT, NEITHER
PARTY SHALL BE LIABLE FOR ANY LOSS OF REVENUE OR PROFIT OR FOR ANY
LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF THE
CCS OR ANY OF THE SERVICES PROVIDED UNDER THIS AGREEMENT THAT IS
SUFFERED BY THE OTHER PARTY, WHETHER ARISING IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY) OR
OTHERWISE AND WHETHER OR NOT INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES IN ADVANCE. NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
10.3 Third Parties. Each Party agrees to release, defend, indemnify, and
hold harmless the other Party from and against any and all losses,
damages, or other liability, including reasonable attorneys' fees,
that it may incur as a result of claims, demands, wrongful death
actions, or other suits brought by third parties, arising out
of the use of the Service and resulting from the gross negligence or
willful misconduct by the indemnifying Party, its employees, agents,
or contractors in the performance of this Agreement. In addition, to
the extent that the Parties' interests do not conflict, DTI shall
defend GTE against all end users' claims just as if DTI had provided
such service to its end users with its own employees. In any event,
DTI shall assert its tariff limitation of liability for the benefit of
both GTE and DTI.
10.4 Infringement. Each Party agrees to release, defend, indemnify, and
hold harmless the other Party from and against any claim, demands or
suit that asserts any infringement or invasion of privacy or
confidentiality of any person(s), caused or claimed to be caused,
directly or indirectly, by the indemnifying Party's employees or
equipment associated with provision of the Service. This includes,
but is not limited to, suits arising from disclosure of any
customer-specific information associated with either the originating
or terminating numbers used to provision the Service.
10.5 No Warranties. IN ADDITION TO THE DISCLAIMER SET FORTH AT SECTION 24.3
OF ARTICLE III OF THE AGREEMENT, NEITHER GTE NOR DTI MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER OR TO ANY THIRD PARTY
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES PROVIDED UNDER OR IN
CONNECTION WITH THIS APPENDIX, THAT THE SERVICES PROVIDED UNDER THIS
APPENDIX WILL BE ERROR FREE OR THAT THE FACILITIES WILL OPERATE
WITHOUT
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INTERRUPTION. GTE AND DTI DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY
OR GUARANTEE OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR
PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR FROM
USAGES OF TRADE.
ARTICLE 11.
RESERVATION OF RIGHTS
11.1 Rights Reserved. By entering into this Appendix to the Agreement,
neither Party waives, releases or compromises any rights it may have
to argue, in any federal or state regulatory proceeding (or in any
judicial appeal following such a proceeding), in support of, or in
opposition to any position, including but not limited to: (a)
Accounting for deregulated (or detariffed) data base services; (b)
removal from regulated accounts of expenses and investment associated
with deregulated (or detariffed) data base services; and (c) any other
issue pertinent to regulation or deregulation of costs which were, are
now, or may in the future be, associated with the provisions of data
base services. Each Party expressly reserves all its rights in
connection with such matters.
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EXHIBIT A
RATES AND CHARGES
for Interconnection at
GTE's - , STP
------------- ------------ --
** CONTACT XX XXXX RE: ARKANSAS PRICING (THE FORM AND NUMBERS ARE COPIED FROM
TEXAS)
CONTEL RATES & CHARGES GTE RATES & CHARGES
---------------------- -------------------
Rate Element Nonrecurring Monthly Nonrecurring Monthly
---------------------------------------------------------------------------------------------------------
1. STP Port Termination for an $ 65.00 $226.00 $ 65.00 $226.00
"A" Link Per Port
2. STP Port Termination for a "B" $ 65.00 $226.00 $ 65.00 $226.00
Link Per Port
3. 56 Kbps Digital Facility $ 1.82 $ 1.82
Dedicated Switched Access
Transport Per Airline Mile
4. 56 Kbps Dedicated Switched $ 100.00 $ 99.54 $ 100.00 $ 99.54
Access Line
5. 1.544 Mbps (DS1) High Capacity $ 4.65 $ 6.65
Digital Facility Dedicated
Switched Access Transport Per
Airline Mile
6. 1.544 Mbps (DS1) Dedicated $1500.00 $168.59 $1500.00 $168.09
Switched Access Line
7. Facility Charge for "B" Links Depends negotiated Dependes negotiated
interconnection agreement interconnection agreement
8. ISUP Charge per Interconnection $500.00 $500.00
8.1 For ISUP Service an additional SCP charge shall apply per interconnection.
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APPENDIX K
POLE ATTACHMENT AGREEMENT
1. Parties.
This agreement (Agreement) is between GTE MIDWEST INCORPORATED/GTE ARKANSAS
INCORPORATED, a State of _______ corporation having its principal office
at _______ ("GTE"), and DIGITAL TELEPORT, INC., a corporation of the State
of _______, having its principal office at ____________ ("Licensee").
2. Definitions.
2.1 "GTE's poles" or "GTE pole(s)" means a pole or poles solely owned by GTE,
jointly owned by GTE and another entity, and space on poles obtained by
GTE through arrangements with the owner(s) thereof.
2.2 "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.
2.3 "Cable Television Services" means the transmission to subscribers of
off-the-air pickup of broadcast signals or the transmission, without
separate charge, of locally originated closed circuit television to the
subscribers of off-the-air service.
2.4 "Attachments" means the equipment reasonably required by Licensee to
provide its Telecommunications Services or Cable Television Services that
is placed on GTE's poles.
2.5 "Make-Ready Work" means all work, including, but not limited to,
rearrangement, removal, or transfer of existing attachments, placement,
repair, or replacement of poles, or any other changes required to
accommodate the Licensee's Attachments on a pole.
2.6 "Hazardous Materials" means (i) any substance, material or waste now or
hereafter defined or characterized as hazardous, extremely hazardous,
toxic or dangerous within the meaning of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, or any
similar law, ordinance, statute, rule or regulation of any governmental
body or authority, (ii) any substance, material or waste now or hereafter
classified as a contaminant or pollutant under any law, ordinance,
statute, rule or regulation of any governmental body or authority or (iii)
any other substance, material or waste, the manufacture, processing,
distribution, use, treatment, storage, placement, disposal, removal or
transportation of which is now or hereafter subject to regulation under
any law, ordinance, statute, rule or regulation of any governmental body
or authority.
2.7 "Attachment Fee" means the fee assessed per pole and paid by Licensee to
place Attachments on GTE's poles.
3. Purpose.
3.1 Licensee represents to GTE that Licensee has a need to occupy, place and
maintain Attachments on GTE's poles for the purpose of providing
Telecommunications Services.
3.2 GTE agrees to permit Licensee to occupy, place and maintain its
Attachments on such GTE poles as GTE may allow pursuant to the terms of
this Agreement.
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4. Grant of License.
GTE grants to Licensee and Licensee accepts from GTE a non-exclusive
revocable license to occupy, place and maintain in a designated space on
specified GTE poles Licensee's Attachments on the terms and conditions
set forth herein. Licensee shall have no further right, title, or other
interest in connection with GTE's poles. GTE shall have the right to
grant, renew or extend privileges to others not parties to this Agreement
to occupy, place or maintain Attachments on or otherwise use any or all GTE
poles. Nothing herein is intended to, nor should it be construed to
require GTE to construct or modify any facilities not needed for its own
service requirements. GTE grants this license in reliance on the
representation of Licensee that Licensee intends to provide
Telecommunications Services with the Attachments covered by this Agreement.
5. Term.
Subject to the termination provisions contained in this Agreement, the term
of this Agreement shall be two (2) years from the effective date referenced
in the first paragraph of this Agreement and shall continue in effect for
consecutive one (1) year terms until either Party gives the other
Party at least ninety (90) calendar days written notice of termination,
which termination shall be effective at the end of the then-current term.
In the event notice is given less than ninety (90) calendar days prior to
the end of the current term, this Agreement shall remain in effect for
ninety (90) calendar days after such notice is received, provided, that in
no case shall the term be extended beyond ninety (90) calendar days after
the end of the current term.
6. Pole Attachment Requests (PARs).
6.1 Licensee shall submit a written Pole Attachment Request ("PAR") to GTE
identifying the GTE poles upon which it desires to place Attachments.
Each PAR shall be in a form specified by GTE and may be revised from time
to time by GTE. All PARs submitted to GTE shall be processed on a first
come, first served basis. GTE, in its sole judgment, will determine the
availability of space on the GTE pole(s) specified in the PAR and will
provide its response to the PAR within thirty (30) Business Days of its
submission. Upon approval of the PAR, GTE shall return one copy thereof to
Licensee bearing an endorsement acknowledging GTE's authorization. All
Attachments placed on GTE's poles pursuant to an approved PAR shall become
subject to all of the terms and conditions of this Agreement. Licensee may
submit subsequent PARs for approval by GTE as needed. GTE is under no
obligation to provide general information respecting the location and
availability of GTE poles, except as may be necessary to process a PAR. No
Attachment shall be placed on any GTE pole identified in a PAR until that
PAR has been approved by GTE.
6.2 Licensee shall pay GTE a fee for processing a PAR to compensate GTE for
the general administrative costs as well as the actual engineering costs
reasonably incurred. The fee for engineering costs shall be computed by
multiplying the fully loaded hourly rate for an engineer times the number
of hours reasonably required by each engineer to inspect the GTE poles
included in the PAR. GTE will charge its then current rates for
administrative and engineering costs, as may be changed from time to time
by GTE to remain consistent with prevailing costs.
6.3 Upon receiving an approved PAR, Licensee shall have the right, subject to
the terms of this License, to place and maintain the facilities described
in the PAR in the space designated on the GTE poles identified therein.
6.4 In the event Make-Ready Work is necessary to accommodate Licensee's
Attachments, GTE shall notify Licensee of such fact and provide Licensee
with a good faith estimate of the total cost of such Make-Ready Work
needed to accommodate Licensee's Attachments. Within fifteen (15) days
after receiving such notice from GTE, Licensee shall notify GTE either (1)
that Licensee shall pay all of the costs actually incurred to perform the
Make-Ready Work and shall pay the total estimated
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amount to GTE at least ten (10) days prior to the date the Make-Ready
Work is to begin or (2) that it desires to cancel its PAR.
6.5 GTE shall not be responsible to Licensee for any loss sustained by
Licensee by reason of the refusal or failure of any other party with
attachments on GTE's poles to rearrange or modify its attachments as may
be required to accommodate Licensee's Facilities.
6.6 Licensee is not authorized and shall have no right to place facilities on
any GTE pole unless that GTE pole is identified in an approved PAR.
7. Availability of Information Regarding Space on Poles.
GTE will provide information regarding the availability of pole space
within thirty (30) Business Days of a written request by Licensee. Because
GTE will endeavor to determine available space as quickly as
possible, a shorter interval may be experienced for requests of a limited
scope where physical field verification is not necessary. In the event the
thirty (30) Business Day time frame cannot be met, GTE shall so advise
Licensee and shall seek a mutually satisfactory alternative response date.
No representation regarding the availability of space shall be made in the
absence of a physical field verification.
8. Authority to Place Attachments.
8.1 Before Licensee places any Attachments on GTE's poles pursuant to an
approved PAR, Licensee shall submit evidence satisfactory to GTE of its
authority to erect and maintain the facilities to be placed on GTE's poles
within the public streets, highways and other thoroughfares or on private
property. Licensee shall be solely responsible for obtaining all
rights-of-way, easements, licenses, authorizations, permits and consents
from federal, state and municipal authorities or private property owners
that may be required to place Attachments on GTE's poles. In the event
Licensee must obtain any additional easements, permits, approvals,
licenses and/or authorizations from any governmental authority or private
individual or entity in order to utilize GTE's poles under an approved
PAR, GTE shall, upon Licensee's request, provide written confirmation of
its consent to Licensee's utilization of poles in a particular location in
accordance with this Agreement, if needed by Licensee to obtain such
additional approvals or authorizations. GTE shall also provide maps or
drawings of its facilities' locations to the extent reasonably required by
such governmental authority or private individual or entity for purposes
of considering or granting Licensee's request to it for authority or
approval.
8.2 GTE shall not unreasonably intervene in or attempt to delay the granting
of any rights-of-way, easements, licenses, authorizations, permits and
consents from federal, state or municipal authorities or private property
owners that may be required for Licensee to place its Attachments on GTE's
poles.
8.3 If any right-of-way, easement, license, authorization, permit or consent
obtained by Licensee is subsequently revoked or denied for any reason,
Licensee's permission to attach to GTE's poles shall terminate immediately
and Licensee shall promptly remove its Attachments. Should Licensee fail
to remove its Attachments within one hundred twenty (120) days of
receiving notice to do so from GTE, GTE shall have the option to remove
all such Attachments and store them in a public warehouse or elsewhere at
the expense of and for the account of Licensee without GTE being deemed
guilty of trespass or conversion, and without GTE becoming liable for any
loss or damages to Licensee occasioned thereby. All costs incurred by GTE
to remove Licensee's Attachments shall be reimbursed to GTE by Licensee
upon demand.
8.4 Upon notice from GTE to Licensee that the cessation of the use of any one
or more of GTE's poles is necessary for reasons of safety or has been
directed by any federal, state or municipal authority, or private property
owner, permission to attach to such pole or poles shall terminate
immediately
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and Licensee promptly shall remove its Attachments. Should Licensee fail
to remove its Attachments within the time frame provided by the requesting
or directing party or one hundred twenty (120) days of receiving notice
to do so from GTE, whichever is less, GTE shall have the option to remove
all such Attachments and store them in a public warehouse or elsewhere at
the expense of and for the account of Licensee without GTE being deemed
guilty of trespass or conversion, and without GTE becoming liable for any
loss or damages to Licensee occasioned thereby.
All costs incurred by GTE to remove Licensee's Attachments shall be
reimbursed to GTE by Licensee upon demand by GTE.
9. Placement of Attachments.
9.1 Licensee shall, at its own expense, place and maintain its Attachments on
GTE's poles in accordance with (I) such requirements and specifications as
GTE shall from time to time prescribe in writing, (ii) all rules or orders
now in effect or that hereafter may be issued by any regulatory agency or
other authority having jurisdiction, and (iii) all currently applicable
requirements and specifications of the National Electrical Safety Code,
and the applicable rules and regulations of the Occupational Safety and
Health Act. Licensee agrees to comply, at its sole risk and expense, with
all specifications included in Exhibits ___ through ___ hereto, as may be
revised from time to time by GTE.
9.2 Licensee's Facilities shall be tagged at maximum intervals of 300 feet so
as to identify Licensee as the owner of the Facilities. The tags shall be
of sufficient size and lettering so as to be easily read from ground
level.
10. Failure of Licensee to Place Attachments.
Once Licensee has obtained an approved PAR, Licensee shall have sixty (60)
days from the date the PAR is approved to begin the placement of its
Attachments on the GTE poles covered by the PAR. If Licensee has not begun
placing its Attachments within that sixty (60) day period, Licensee
shall so advise GTE with a written explanation for the delay. If Licensee
fails to advise GTE of its delay, with a written explanation therefor, or
if Licensee fails to act in good faith by not making a bona fide effort to
begin placing its Attachments within the sixty (60) days prescribed by this
Section, the previously approved PAR shall be deemed rescinded by GTE and
Licensee shall have no further right to place Attachments pursuant to that
PAR.
11. Attachment Fees.
11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit
hereto, for each GTE pole upon which Licensee obtains authorization to
place an Attachment. The Attachment Fee may be increased by GTE from time
to time as permitted by law upon sixty (60) days written notice to
Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is
approved by GTE for all GTE poles identified in that PAR on a pro rata
basis until the end of the then current year and thereafter on an annual
basis within thirty (30) days of the date of a statement from GTE
specifying the fees to be paid. Any payment after thirty (30) days shall
bear interest at the rate of eighteen percent (18%) per annum or the
maximum rate allowed by law, whichever is less.
11.3 GTE shall maintain an inventory of the total number of GTE poles occupied
by Licensee based upon the cumulative number of poles specified in all PARs
approved by GTE. GTE may, at its option, conduct a physical inventory of
Licensee's Attachments under this Section. It shall be Licensee's sole
responsibility to notify GTE of any and all removals of Attachments from
GTE's poles. Except as provided in Section 18 of this Agreement in
connection with the termination of this Agreement, such notice shall be
provided to GTE at least thirty (30) days prior to the removal of the
Attachments. Each Notice of Removal shall be in a form specified by GTE
and may be revised
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from time to time at GTE's sole discretion. Licensee shall remain
liable for Attachment Fees until Licensee's Attachments have been
physically removed from GTE's poles.
12. Modifications, Additions or Replacements to Existing Attachments.
12.1 Licensee shall not modify, add to or replace Facilities on any
pre-existing Attachment without first notifying GTE in writing of the
intended modification, addition or replacement at least thirty (30) days
prior to the date the activity is scheduled to begin. The required
notification shall include: (1) the date the activity is scheduled to
begin, (2) a description of the planned modification, addition or
replacement, (3) a representation that the modification, addition or
replacement will not require any space other than the space previously
designated for Licensee's Attachments, and (4) a representation that the
modification, addition or replacement will not impair the structural
integrity of the poles involved.
12.2 Should GTE determine that the modification, addition or replacement
specified by Licensee in its notice will require more space than that
allocated to Licensee or will require the reinforcement of, replacement of
or an addition of support equipment to the poles involved in order to
accommodate Licensee's modification, addition or replacement, GTE will so
notify Licensee, whereupon Licensee will be required to submit a PAR in
compliance with this Agreement in order to obtain authorization for the
modification, addition or replacement of its Attachments.
12.3 Access to GTE's poles for repairs, modifications, additions, or
replacements required in emergency situations shall be governed by Section
22 of this Agreement.
12.4 Should Licensee request GTE to expand capacity or purchase additional
plant, Licensee agrees to pay all costs.
13. Rearrangements to Accommodate Other Licensees.
Licensee acknowledges that at some point in the future it may become
necessary to rearrange Licensee's Facilities in order to create space to
accommodate the facilities of another licensee. Licensee agrees that in
such event Licensee will cooperate in good faith with such other licensee
to come to a mutually agreeable understanding regarding the manner in which
the rearrangement of Licensee's Facilities will be achieved.
14. Unauthorized Attachments.
14.1 The parties agree that because it would be impracticable and extremely
difficult to determine the actual amount of damages resulting from
Licensee's unauthorized Attachment(s), a charge equal to five (5) times
the amount of the then current Attachment Fee shall be paid by Licensee to
GTE for each unauthorized Attachment to a GTE pole. Such payment shall be
deemed liquidated damages and not a penalty. Licensee also shall pay GTE
an Attachment Fee for each unauthorized Attachment accruing from the date
the unauthorized Attachment was first placed on the GTE pole. In the
event that the date the unauthorized Attachment was first placed on a GTE
pole cannot be determined, such date shall be deemed the date of the last
physical inventory made in accordance with this Agreement or, if no
physical inventory has been conducted, the date the first PAR from
Licensee was approved in accordance with this Agreement. Licensee also
shall pay to GTE all costs incurred by GTE to rearrange any unauthorized
Attachment(s) of Licensee if such rearrangement is required to safeguard
GTE's Attachment(s) or to accommodate the Attachment(s) of another party
whose Attachment(s) would not have required a rearrangement but for the
presence of Licensee's unauthorized Attachment(s). Licensee shall also
pay to GTE all costs incurred by GTE to reinforce, replace or modify any
GTE pole, which reinforcement, replacement or modification was required as
a result of the unauthorized Attachment of Licensee. The Attachment Fee
referenced in this subsection 14.1 shall be determined in the same manner
as such fee would have been determined if the attachment had been
authorized by GTE.
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14.2 For purposes of this section, an unauthorized Attachment shall include,
but not be limited to:
14.2.1 An Attachment to a GTE pole which pole is not identified in any
PAR in accordance with this Agreement;
14.2.2 An Attachment that occupies more space than that allocated to
Licensee by GTE;
14.2.3 An Attachment that is not placed in accordance with the provisions
of this Agreement or the appropriate PAR issued pursuant to this
Agreement;
14.2.4 An addition or modification by Licensee to its pre-existing
Attachment(s) that impairs the structural integrity of the involved
GTE pole(s).
14.2.5 An Attachment that consists of facilities owned or controlled by,
and for the use of a party other than Licensee.
15. Surveys and Inspections of Pole Attachments.
15.1 Upon written notice to Licensee, the total number and exact location of
Licensee's Attachments on GTE's poles may be determined, at GTE's
discretion, through a survey to be made not more than once per calendar
year by GTE. If so requested, Licensee and/or any other entity owning
or jointly owning the poles with GTE may participate in the survey. The
costs incurred by GTE to conduct the survey shall be reimbursed to GTE by
Licensee upon demand by GTE. If the Attachments of more than one Licensee
are surveyed, each such Licensee shall contribute a proportionate share of
the costs reimbursed to GTE.
15.2 Apart from surveys conducted in accordance with this section, GTE shall
have the right to inspect any Attachment of Licensee on GTE's poles as
conditions may warrant upon written notice to Licensee. Licensee shall,
upon demand by GTE, reimburse GTE all costs incurred to conduct its
inspection. No joint survey or inspection, or lack thereof, by GTE shall
operate to relieve Licensee of any responsibility, obligation or liability
assumed under this Agreement.
16. Notice of Modification or Alteration of Poles by GTE.
16.1 In the event GTE plans to modify or alter any GTE pole(s) upon which
Licensee has Attachments, GTE shall provide Licensee notice of the
proposed modification or alteration at least thirty (30) days prior to the
time the proposed modification or alteration is scheduled to take place.
Should Licensee decide to modify or alter its Attachments on the GTE poles
to be modified or altered by GTE, Licensee shall so notify GTE in writing.
In such event, Licensee shall bear a proportionate share of the total
costs incurred by GTE to make such poles accessible to Licensee.
16.2 In the event GTE is required by a federal, state, or local authority to
move, replace or change the location of any GTE pole(s), Licensee shall
concurrently relocate Licensee's Attachments. GTE and each Licensee
required to relocate its Attachments shall bear its own costs for such
relocation.
17. Disclaimer of Warranties.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GTE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR PURPOSE.
18. Default and Remedies.
18.1 The occurrence of any one of the following shall be deemed a Material
Default by Licensee under this Agreement:
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18.1.1 Failure by Licensee to pay any fee or other sum required to be
paid under the terms of this Agreement and such default continues
for a period of ten (10) days after written notice thereof to
Licensee;
18.1.2 Failure by Licensee to perform or observe any other term,
condition, covenant, obligation or provision of this Agreement and
such default continues for a period of thirty (30) days after
written notice thereof from GTE (provided that if such default
is not curable within such thirty (30) day period, the period will
be extended if Licensee commences to cure such default within such
thirty (30) day period and proceeds diligently thereafter to effect
such cure);
18.1.3 The filing of any tax or mechanic's lien against GTE's poles which
is not bonded or discharged within thirty (30) days of the date
Licensee receives notice that such lien has been filed;
18.1.4 Licensee's voluntary or involuntary bankruptcy;
18.1.5 Licensee's knowing use or maintenance of its Attachments in
violation of any law or regulation, or in aid of any unlawful act or
undertaking;
18.1.6 If any authorization which may be required of the Licensee by any
governmental or private authority for the placement, operation or
maintenance of Licensee's Attachments is denied or revoked.
18.2 In the event of a Material Default, GTE, without any further notice to
the Licensee (except where expressly provided for below or required by
applicable law) may do any one or more of the following:
18.2.1 Perform, on behalf and at the expense of Licensee, any obligation
of Licensee under this Agreement which Licensee has failed to
perform and of which GTE shall have given Licensee notice, the cost
of which performance shall be paid by Licensee to GTE upon demand;
18.2.2 Terminate this Agreement by giving notice of such termination to
Licensee and remove Licensee's Attachments and store them in a
public warehouse or elsewhere at the expense of and for the account
of Licensee without GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable for any loss or damages
to Licensee occasioned thereby; or
18.2.3 Exercise any other legal or equitable right or remedy which GTE
may have.
18.3 Any costs and expenses incurred by GTE (including, without limitation,
reasonable attorneys' fees) in enforcing this Agreement shall be repaid to
GTE by Licensee upon demand.
18.4 Upon termination of this Agreement by GTE because of a material default
by Licensee, Licensee shall remain liable to GTE for any and all fees,
other payments and damages which may be due or sustained prior to such
termination, all reasonable costs, fees and expenses, including, without
limitation, reasonable attorneys' fees incurred by GTE in pursuit of its
remedies hereunder, and additional liquidated damages which shall be an
amount equal to one full year of Pole Attachment fees.
18.5 All rights and remedies of each party set forth in this Agreement shall
be cumulative and none shall exclude any other right or remedy, now or
hereafter allowed by or available under any statute, ordinance, rule of
court, or the common law, either at law or in equity, or both.
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19. Indemnification.
19.1 Licensee shall compensate GTE for the full actual loss, damage or
destruction of GTE's property that in any way arises from or is related to
this Agreement or activities undertaken pursuant to this Agreement
(including, without limitation, the installation, construction, operation
or maintenance of Licensee's Attachments).
19.2 Licensee will further indemnify, defend and hold harmless GTE and GTE's
agents, officers, employees and assigns, from any and all losses, damages,
costs, expenses (including, without limitation, reasonable attorneys'
fees), statutory fines or penalties, actions or claims for personal injury
(including death), damage to property, or other damage or financial loss
of whatever nature in any way arising out of or connected with this
Agreement or activities undertaken pursuant to this Agreement (including,
without limitation, the installation, construction, operation or
maintenance of Licensee's Attachments), except to the extent caused by the
gross negligence or willful misconduct on the part of GTE or GTE's agents,
officers, employees and assigns. Licensee further indemnifies GTE from
subsequent taxes and fees that may be levied by municipalities ROWs in
association with these agreements. Such fees that are levied would be in
addition to the attachment/occupancy fees reflected in this Agreement.
Licensee expressly assumes all liability for actions brought against GTE
and GTE's agents, officers, employees and assigns, by Licensee's agents,
officers or employees and Licensee expressly waives any immunity from the
enforcement of this indemnification provision that might otherwise be
provided by workers' compensation law or by other state or federal laws.
19.3 Without limiting any of the foregoing, Licensee assumes all risk of, and
agrees to relieve GTE of any and all liability for, loss or damage (and
the consequences of loss or damage) to any Attachments placed on GTE's
poles and any other financial loss sustained by Licensee, whether caused
by fire, extended coverage perils, or other casualty, except to the extent
caused by the gross negligence or willful misconduct on the part of GTE or
GTE's agents, officers, employees and assigns.
19.4 Without limiting the foregoing, Licensee expressly agrees to indemnify,
defend and hold harmless GTE and GTE's agents, officers, employees and
assigns from any and all claims asserted by customers of Licensee in any
way arising out of or in connection with this Agreement or Licensee's
Attachments, except to the extent caused by the gross negligence or
willful misconduct on the part of GTE or GTE's agents, officers, employees
and assigns.
19.5 Notwithstanding anything to the contrary in this Agreement, Licensee
further shall indemnify and hold harmless GTE, its agents, officers,
employees and assigns from and against any claims, liabilities, losses,
damages, fines, penalties and costs (including, without limitation,
reasonable attorneys' fees) whether foreseen or unforeseen, which the
indemnified parties suffer or incur because of: (I) any discharge of
Hazardous Waste resulting from acts or omissions of Licensee or the
Licensee's predecessor in interest; (ii) acts or omissions of the Licensee,
it agents, employees, contractors or representatives in connection with any
cleanup required by law, or (iii) failure of Licensee to comply with
Environmental, Safety and Health Laws.
19.6 In no event shall either party be liable to the other party for any
special, consequential or indirect damages (including, without limitation,
lost revenues and lost profits) arising out this Agreement or any
obligation arising hereunder, whether in an action for or arising out of
breach of contract, tort or otherwise.
19.7 Licensee shall indemnify, protect and hold harmless GTE from and against
any and all claims for libel and slander, copyright and/or patent
infringement arising directly or indirectly by reason of installation of
Licensee's equipment on GTE's poles pursuant to this Agreement.
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20. Insurance.
20.1 Licensee shall carry insurance, at its sole cost and expense,
sufficient to cover its indemnification obligations as set forth in
Section 19 of this Agreement. Such insurance shall include, but not
be limited to, coverage against liability due to personal injury or
death of persons in the amount of $500,000 as to any one person and
$1,000,000 as to any one accident; coverage against liability due to
property damage in the amount of $500,000 as to each accident and
$500,000 aggregate; and coverage necessary to fully protect both it
and GTE from all claims under any worker's compensation laws that
may be applicable.
20.2 All insurance required of Licensee under this Agreement shall
remain in force for the entire life of this Agreement. The company
or companies issuing such insurance shall be approved by GTE and GTE
shall be named as an additional insured in each such policy.
Licensee shall submit to GTE certificates by each insurer to the
effect that the insurer has insured Licensee for all potential
liabilities of Licensee under this Agreement, and that it will not
cancel or change any policy of insurance issued to Licensee except
upon thirty (30) days notice to GTE. In the event Licensee's
insurance coverage is to be canceled by reason of non-payment of
premiums due, GTE shall have the option of paying any amount due and
Licensee shall forthwith reimburse GTE the full amount paid by GTE.
20.3 Licensee shall promptly advise GTE in writing of any and all
claims for damages, including, but not limited to, damage to
property or injury to or death of persons, allegedly arising out of
or in any manner related, directly or indirectly, to the presence or
use of Licensee's Attachments.
20.4 Licensee shall furnish bond or satisfactory evidence of contractual
insurance coverage, the terms of which shall be subject to GTE's
approval, in the amount of ten thousand dollars ($10,000) to
guarantee the payment of any sums which may become due to GTE for
rentals, inspections or for work performed by GTE for the benefit of
Licensee under this Agreement, including the removal of Licensee's
equipment pursuant to any of the provisions hereof. All bonds must
specify that GTE be notified thirty (30) days prior to the expiration
or cancellation of the policy.
21. Taxes.
Any 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. The collecting Party shall charge and collect
from the obligated Party, and the obligated Party agrees to pay to the
collecting Party, all applicable taxes, except to the extent that the
obligated Party notifies the collecting Party and provides to the
collecting Party appropriate documentation as GTE requires that qualifies
the obligated Party for a full or partial exemption. Any such taxes shall
be shown as separate items on applicable billing documents between the
Parties. The obligated Party 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 collecting
Party shall cooperate in any such contest by the other Party. The other
Party will indemnify the collecting Party from any sales or use taxes that
may be subsequently levied on payments by the other Party by the collecting
Party.
22. Emergency Restoration Procedures.
In the event of an emergency, restoration procedures may be affected by
the presence of Licensee's Attachments. While GTE shall not be responsible
for the repair of Licensee's
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Attachments that are damaged (except by mutual written agreement), GTE
shall nonetheless control access to its poles if the restoration is to be
achieved in an orderly fashion.
22.1 Where GTE and Licensee are involved in emergency
restorations, access to GTE's poles will be controlled by GTE's
Maintenance District Manager or his/her on-site representative
according to the following guidelines:
22.1.1 Service Disruptions/Outages
(a) In the event of service disruptions and/or outages,
while exercising its right to first access, GTE shall
make all reasonable efforts to grant access to as
many other entities with Attachments as is reasonably
safe.
(b) Where simultaneous access is not possible, access will
be granted by GTE on a first come, first served
basis.
22.1.2 Service Affecting Emergencies
(a) In the event of service affecting emergencies not
resulting in service disruptions or outages, while
exercising its right to first access, GTE shall make
all reasonable efforts to grant access to as many
other entities with Attachments as is reasonably safe.
(b) Where GTE is unable to grant simultaneous access to all
other entities with Attachments, access will granted
according to the level of damage to the Attachments of
each entity and the likelihood that a given level of
damage will result in service disruption. Where the
likelihood that a service disruption will result is not
clearly discernible, access will be on a first come,
first served basis.
22.2 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Attachments, or any action or failure to act
by GTE, under this Section 22 shall not constitute a basis for any
claim by Licensee against GTE for any damage to Licensee's
Attachments or disruption of Licensee's services, or any other
direct or indirect damages of any kind whatsoever incurred by
Licensee.
23. Damage Suspected to Licensee's Facilities Only.
23.1 In the event Licensee receives information that Licensee's
Attachments are damaged, Licensee shall notify GTE of said damage at
a number to be provided later by GTE. This is a 24-hour, 7 days per
week notification number. Licensee shall provide GTE all
information known to it regarding the damage to Licensee's
Attachments.
23.2 In the event GTE receives notice that Licensee's Facilities
are damaged, GTE will notify Licensee of said damage by telephone at
the Licensee's emergency telephone number. GTE shall provide
Licensee all information known to it regarding the damage to
Licensee's Attachments.
23.3 After the giving of such notice by either Licensee or GTE,
Licensee shall be authorized to perform emergency restoration
maintenance activities in connection with Licensee's Attachments,
subject to the provisions of this Agreement.
23.4 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Licensee's Attachments, or
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any action or failure to act by GTE, appropriately or
inappropriately, under this Section shall not be the basis for any
claim by Licensee against GTE for any damage to Licensee's
Attachments or disruption of Licensee's services, or any other direct
or indirect damages of any kind whatsoever incurred by Licensee and
Licensee shall indemnify and hold GTE harmless from any such claim.
24. Abandonment.
Nothing in this Agreement shall prevent or be construed to prevent GTE from
abandoning, selling, assigning or otherwise disposing of any poles or other
GTE property used for Licensee's Attachments; provided, however, that GTE
shall condition any such sale, assignment or other disposition subject to
the rights granted to Licensee pursuant to this Agreement. GTE shall
promptly notify Licensee of any proposed sale, assignment or other
disposition of any poles or other GTE property used for Licensee's
Attachments.
25. Notices.
Any written notice to be given to a party to this Agreement shall be in
writing and given or made by means of telegram, facsimile transmission,
certified or registered mail, express mail or other overnight delivery
service, or hand delivery, proper postage or other charges prepaid, and
addressed or directed to the respective parties as follows:
To Licensee:
----------------------------
----------------------------
----------------------------
To GTE:
----------------------------
----------------------------
----------------------------
Any notice given by personal delivery shall be deemed to have been given on
the day of actual delivery and, if given by registered or certified
mail, return receipt requested, on the date of receipt thereof and, if
given by facsimile transmission, on the day of transmittal thereof if given
during the normal business hours of the recipient and on the next business
day if not given during normal business hours.
26. Non-Waiver of Terms and Conditions.
No course of dealing, course of performance or failure to enforce any of
term, right, condition or other provision of this Agreement shall
constitute or be construed as a waiver of any term, right or condition or
other provision of this Agreement.
27. Dispute Resolution.
27.1 Except in the case of (i) a suit, action or proceeding by GTE
to compel Licensee to comply with its obligations to indemnify GTE
pursuant to this Agreement or (ii) a suit, action or proceeding to
compel either party to comply with the dispute resolution
procedures set forth in this section, the parties agree to use the
following procedure to resolve any dispute, controversy or claim
arising out of or relating to this Agreement or its breach.
27.2 At the written request of a party, each party shall designate
a knowledgeable, responsible representative to meet and negotiate in
good faith to resolve any dispute, controversy or claim arising
under this Agreement. The parties intend that these negotiations be
conducted by non-lawyer, business representatives. The substance of
the negotiations shall be left to the discretion of the
representatives. Upon mutual agreement, the
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representatives may utilize other alternative dispute resolution
procedures such as mediation to assist in the negotiations.
Discussions and correspondence between the representatives for
purposes of these negotiations shall be treated as confidential,
undertaken for purposes of settlement, shall be exempt from
discovery and production, and shall not be admissible in the
arbitration described below or in any subsequent lawsuit without the
concurrence of all parties. Documents identified in or provided
during such negotiations, which are not prepared for purposes of the
negotiations, shall not be so exempt and may, if otherwise
admissible, be admitted as evidence in any subsequent proceeding.
27.3 If a resolution of the dispute, controversy or claim is not
reached within sixty (60) days of the initial written request, the
dispute, controversy or claim shall be submitted to binding
arbitration by a single arbitrator pursuant to the rules of the
American Arbitration Association (AAA), except as hereinafter
provided. Discovery in any proceeding before the AAA shall be
controlled by the arbitrator and shall be permitted to the extent
set forth in this section. Parties may exchange, in any
combination, up to thirty-five (35) (none of which may contain
subparts) written interrogatories, demands to produce documents and
requests for admission. Each party may also to take the oral
deposition of one (1) witness. Additional discovery may be
permitted upon mutual agreement of the parties. The arbitration
hearing shall be commenced within sixty (60) days of the demand for
arbitration and shall be held in the city where GTE's local offices
are located. The arbitrator shall rule on the dispute, controversy
or claim by issuing a written opinion within thirty (30) days after
the close of 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. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction.
27.4 Each party shall bear its own costs, including attorneys'
fees, incurred in connection with any of the foregoing procedures.
A party seeking discovery shall reimburse the responding party the
cost of reproducing documents (to include search time and
reproduction time costs). The fees associated with any arbitration,
including the fees of the arbitrator, shall be divided equally
between the parties.
28. Compliance With Laws.
Notwithstanding anything to the contrary in this Agreement, each party
shall ensure that any and all activities it undertakes pursuant to this
Agreement shall comply with all applicable laws, including, without
limitation, all applicable provisions of (i) workers' compensation laws,
(ii) unemployment compensation laws, (iii) the Federal Social Security
Law, (iv) the Fair Labor Standards Act, and (v) all laws, regulations,
rules, guidelines, policies, orders, permits and approvals of any
governmental authority relating to environmental matters and/or
occupational safety.
29. Force Majeure.
Neither party shall have any liability for its delays or its failure in
performance due to fire, flood, explosion, pest damage, power failures,
strikes or labor disputes, acts of God, the Elements, war, civil
disturbances, acts of civil or military authorities or the public enemy,
inability to secure raw materials, transportation facilities, fuel or
energy shortages, or other cause beyond its control.
30. Assignment.
30.1 The rights and obligations of Licensee under this Agreement
shall not be assigned, transferred or sub-licensed, in whole or in
part, without the prior written consent of GTE. An assignment,
transfer or sub-license of this Agreement by Licensee shall not
relieve Licensee of its obligations under this Agreement. Any
assignment attempted without the prior written consent of GTE shall
be void.
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30.2 GTE shall have the right to assign this Agreement and to assign its
rights and delegate its obligations and liabilities under this
Agreement, either in whole or in part. GTE shall provide notice
to Licensee of any assignment which shall state the effective date
thereof. Upon the effective date and to the extent of the
assignment, GTE shall be released and discharged from all
obligations and liabilities under this Agreement.
30.3 Neither this Agreement nor any term or provision hereof, nor
any inclusion by reference shall be construed as being for the
benefit of any person or entity not a signatory hereto.
30.4 This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
31. Applicable Law.
This Agreement, and the rights and obligations contained in it, shall be
governed and construed under the laws of the State of _____________ without
regard to its conflicts of laws provisions.
32. Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and all
applicable laws, rules, regulations, guidelines, orders, or tariffs that
are currently in force or that may be prescribed by any federal, state
or local governmental authority. The parties agree to modify, in writing,
the affected term(s) and condition(s) of this Agreement to bring them into
compliance with such law, rule, regulation, guideline, order, or tariff.
Should any term of this Agreement be determined by a court or other entity
with competent jurisdiction to be unenforceable, all other terms of this
Agreement shall remain in full force and effect.
33. Headings.
All headings contained in this Agreement are for convenience only and are
not intended to affect the meaning or interpretation of any part of this
Agreement.
34. Entire Agreement.
The terms and conditions of this Agreement supersede all prior oral or
written understandings between the parties and constitute the entire
agreement between them concerning the subject matter of this Agreement.
There are no understandings or representations, express or implied, not
expressly set forth in this Agreement. This Agreement shall not be
modified or amended except by a writing signed by the party to be charged.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For Licensee:
GTE
---------------------------------- -------------------------
(Signature of Authorized Agent) (Signature of Officer)
(Printed Name of Authorized Agent) (Printed Name of Officer)
(Title) (Title)
(Date) (Date)
ATTEST:
Corporate Seal (If Applicable)
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EXHIBIT ___
ATTACHMENT FEES
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APPENDIX L
CONDUIT OCCUPANCY AGREEMENT
1. Parties.
This agreement (Agreement) is between GTE MIDWEST INCORPORATED/GTE
ARKANSAS INCORPORATED, a State of ________ corporation having its
principal office at ________ ("GTE"), and DIGITAL TELEPORT, INC., a
corporation of the State of _______, having as principal office at
("Licensee").
2. Definitions.
2.1 "GTE's conduit(s)" or "GTE conduit(s)" means any reinforced
passage or opening in, on, under/over or through the ground capable
of containing communications facilities.
2.2 "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.
2.3 "Cable Television Services" means the transmission to
subscribers of off-the-air pickup of broadcast signals or the
transmission, without separate charge, of locally originated closed
circuit television to the subscribers of off-the-air service.
2.4 "Conduit" or "Duct" means a single enclosed raceway used to
house Innerduct.
2.5 "Innerduct," unless otherwise specified or approved by GTE,
shall mean a single enclosed raceway 1" or 1-1/4" in diameter,
placed within duct and used for housing communications facilities.
2.6 "Facilities" means all facilities, including, but not limited
to, cables, equipment and associated hardware, owned and utilized by
the Licensee which occupy an innerduct.
2.7 "Make-Ready Work" means all work, including, but not limited
to, rearrangement, removal, or transfer of existing facilities,
placement, repair, or replacement of duct or innerduct, or any other
changes required to accommodate the Licensee's Facilities in a
conduit.
2.8 "Manholes" and "handholes" mean subsurface enclosures which
personnel may enter and use for the purpose of installing, operating
and maintaining communications facilities.
2.9 "Hazardous Materials" means (I) any substance, material or
waste now or hereafter defined or characterized as hazardous,
extremely hazardous, toxic or dangerous within the meaning of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended, or any similar law, ordinance, statute,
rule or regulation of any governmental body or authority, (ii) any
substance, material or waste now or hereafter classified as a
contaminant or pollutant under any law, ordinance, statute, rule or
regulation of any governmental body or authority or (iii) any other
substance, material or waste, the manufacture, processing,
distribution, use, treatment, storage, placement, disposal, removal
or transportation of which is now or hereafter subject to regulation
under any law, ordinance, statute, rule or regulation of any
governmental body or authority.
2.10 "Occupancy Fee" means the fee paid by Licensee to GTE per
linear foot for each innerduct occupied by Licensee's Facilities in
GTE's Conduit(s).
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3. Purpose.
Licensee represents to GTE that Licensee has a need to occupy, place and
maintain communications facilities within GTE's conduit(s) for the purpose
of providing Telecommunications Service. GTE agrees to permit Licensee to
occupy, place and maintain communications facilities within GTE's
conduit(s) as GTE may allow pursuant to the terms of this Agreement.
4. Grant of License.
GTE grants to Licensee and Licensee accepts from GTE a non-exclusive
revocable license to occupy, place and maintain in a designated space in
specified GTE conduits Licensee's Facilities on the terms and conditions
set forth herein. Licensee shall have no further right, title, or other
interest in connection with GTE's conduit(s). GTE shall have the right
to grant, renew or extend privileges to others not parties to this
Agreement to occupy, place and maintain facilities in or otherwise use any
or all of GTE's conduit(s). Nothing herein is intended to, nor should it
be construed to require GTE to construct or modify any facilities not
needed for its own service requirements. GTE grants this license in
reliance on the representation of Licensee that Licensee intends to
provide Telecommunications Service with Licensee's Facilities covered by
this Agreement.
5. Term.
Subject to the termination provisions contained in this Agreement, the
term of this Agreement shall be two (2) years from the effective date
referenced in the first paragraph of this Agreement and shall continue in
effect for consecutive one (1) year terms until either Party gives the
other Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term. In the event notice is given less than ninety (90)
calendar days prior to the end of the current term, this Agreement shall
remain in effect for ninety (90) calendar days after such notice is
received, provided, that in no case shall the term be extended beyond
ninety (90) calendar days after the end of the current term.
6. Conduit Occupancy Requests.
6.1 Upon execution of this Agreement, Licensee shall have the
right to submit a written Conduit Occupancy Request ("COR") to GTE
specifying the GTE conduits in which it desires to place its
Facilities. Each COR shall be in a form specified by GTE, which
form may be revised from time to time by GTE. CORs received by GTE
shall be processed on a first come, first served basis. GTE will
determine the availability of space for Licensee's Facilities in the
GTE conduit(s) specified in the COR within thirty (30) Business Days
of its submission. Upon approval of the COR, GTE shall return a
copy thereof to Licensee bearing an endorsement acknowledging GTE's
authorization. All of Licensee's Facilities placed in GTE's
conduit(s) pursuant to an approved COR shall become subject to all
of the terms and conditions of this Agreement. Licensee may submit
subsequent CORs for approval by GTE as needed. All of Licensee's
Facilities shall be placed in innerduct unless otherwise approved by
GTE. No facilities of any kind shall be placed in any GTE
conduit(s) identified in a COR until that COR has been approved by
GTE.
6.2 Licensee shall pay GTE a fee for processing a COR to
compensate GTE for the general administrative costs as well as the
actual engineering costs reasonably incurred. The fee for
engineering costs shall be computed by multiplying the fully loaded
hourly rate for an engineer times the number of hours reasonably
required by each engineer to inspect the GTE conduits included in
the COR. GTE will charge its then current rates for administrative
and engineering costs, as may be changed from time to time by GTE to
remain consistent with prevailing costs.
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6.3 Upon receiving an approved COR, Licensee shall have the right,
subject to the terms of this Agreement, to place and maintain
Licensee's Facilities described in the COR in the innerducts of the
GTE conduit(s) identified therein.
6.4 In the event Make-Ready Work is necessary to accommodate Licensee's
Facilities, GTE shall notify Licensee of such fact and provide
Licensee with an estimate of the total cost of such Make-Ready Work.
Within fifteen (15) days after receiving such notice from GTE,
Licensee shall notify GTE either (1) that Licensee shall pay all of
the costs actually incurred to perform the Make-Ready Work and
shall pay the total estimated amount to GTE at least ten (10) days
prior to the date the Make-Ready Work is to begin or (2) that it
desires to cancel its COR.
6.5 Nothing herein shall confer any right upon Licensee to place
power cables or related power equipment in GTE Conduit(s) or
Manholes. Licensee shall place equipment of this nature in its own
pull boxes outside of GTE's Conduit(s) or Manholes. Cable
connectors or splicing devices shall not be used by Licensee in
GTE's Conduit(s) or innerducts.
7. Availability of Conduit Maps.
Existing conduit maps will be made available for viewing by Licensee for
the purpose of pre-order planning at the GTE area engineering offices
during normal business hours, subject to reasonable advance notification.
While a formal written request will not be required in connection with the
first request by Licensee to view conduit maps, GTE reserves the right to
refuse any subsequent viewing request or require written justification for
the request if Licensee has demonstrated that it does not have a good
faith intention to submit a COR. If the availability of specific
point-to-point conduits can be determined at the time of viewing conduit
maps, maps reflecting such point-to-point conduits may be made available
for copying. Licensee shall pay to GTE a fee for making such copies
available sufficient to cover the general administrative costs incurred.
IN MAKING CONDUIT MAPS AVAILABLE, GTE WILL BE MAKING NO EXPRESS OR IMPLIED
WARRANTY REGARDING THEIR ACCURACY OTHER THAN THAT THEY ARE THE SAME
CONDUIT MAPS USED BY GTE IN ITS DAY-TO-DAY OPERATIONS.
8. Availability of Information Regarding Space In Conduits.
GTE will provide information regarding the availability of conduit space
within thirty (30) Business Days of a written request by Licensee. Because
GTE will endeavor to determine available space as quickly as
possible, a shorter interval may be experienced for requests of a limited
scope where physical field verification is not necessary. In the event
the thirty (30) Business Day time frame cannot be met, GTE shall so advise
Licensee and shall seek a mutually satisfactory alternative response date.
No representation regarding the availability of space shall be made in the
absence of a physical field verification.
9. Authority to Place Licensee's Facilities.
9.1 Before Licensee places any of Licensee's Facilities in GTE's
conduit(s) pursuant to an approved COR, Licensee, upon request,
shall submit sufficient evidence to GTE of its authority to maintain
the Facilities to be placed in GTE's conduit(s) within the public
streets, highways and other thoroughfares or on private property.
Licensee shall be solely responsible for obtaining all licenses,
authorizations, permits and consents from federal, state and
municipal authorities or private property owners that may be
required to place and maintain Licensee's Facilities in GTE's
conduit(s).
9.2 GTE shall not attempt to prevent or delay the granting of any
rights-of-way, easements, licenses, authorizations, permits and
consents from any federal, state or municipal
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authorities, or private property owners that may be required by
Licensee to place Licensee's Facilities in GTE's conduit(s).
9.3 If any right-of-way, easement, license, authorization, permit
or consent obtained by Licensee is subsequently revoked or denied
for any reason, Licensee's permission to occupy GTE's conduit(s)
shall terminate immediately and Licensee shall promptly remove
Licensee's Facilities. Should Licensee fail to remove Licensee's
Facilities within thirty (30) days of receiving notice to do so from
GTE, GTE shall have the option to remove Licensee's Facilities and
store them in a public warehouse or elsewhere at the expense of and
for the account of Licensee without GTE being deemed guilty of
trespass or conversion, and without GTE becoming liable for any
loss or damages to Licensee occasioned thereby. All costs incurred
by GTE to remove Licensee's Facilities shall be reimbursed to GTE
by Licensee upon demand.
9.4 Upon notice from GTE to Licensee that the cessation of the
use of any portion of GTE's conduit(s) has been ordered or directed
by any federal, state or municipal authority, or private property
owner, Licensee's permission to occupy such GTE conduit(s) shall
terminate immediately and Licensee promptly shall remove Licensee's
Facilities. Should Licensee fail to remove Licensee's Facilities
within thirty (30) days of receiving notice to do so from GTE, GTE
shall have the option to remove Licensee's Facilities and store them
in a public warehouse or elsewhere at the expense of and for the
account of Licensee without GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable for any loss or damages
to Licensee occasioned thereby. All costs incurred by GTE to remove
Licensee's Facilities shall be reimbursed to GTE by Licensee upon
demand by GTE.
10. Placement of Licensee's Facilities.
10.1 Licensee shall, at its sole expense, place and maintain
Licensee's Facilities in GTE's conduit(s) in accordance with
(I) such requirements and specifications as GTE shall from
time to time prescribe in writing, (ii) all rules or orders
now in effect or that hereafter may be issued by any
regulatory agency or other authority having jurisdiction,
and (iii) all currently applicable requirements and
specifications of the National Electrical Safety Code, and the
applicable rules and regulations of the Occupational Safety
And Health Act. Licensee agrees to comply, at its sole risk
and expense, with all specifications included in Exhibits______
through_____hereto, as may be revised from time to time by GTE.
10.2 Licensee's Facilities shall be tagged at each manhole so as
to identify Licensee as the owner of the Facilities. The tags shall
be of sufficient size and lettering so as to be easily read.
11. Failure of Licensee to Occupy Conduit Space.
Upon approval of a COR, Licensee shall have sixty (60) days in which to
begin the placement of Licensee's Facilities in the GTE conduit(s) covered
by the COR. If Licensee has not begun placing its Facilities within that
sixty (60) day period, Licensee shall so advise GTE with a written
explanation for the delay. If Licensee fails to advise GTE of its delay,
with a written explanation therefor, or if Licensee fails to act in good
faith by not making a bona fide effort to begin placing its Facilities
within the sixty (60) days prescribed by this Section, the previously
approved COR shall be deemed rescinded by GTE and Licensee shall have no
further right to place Licensee's Facilities pursuant to that XXX.
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00. Occupancy Fees.
12.1 Licensee shall pay to GTE an Occupancy Fee, as specified in
Exhibit __ hereto, for each linear foot of innerduct occupied
by Licensee's Facilities in GTE's conduit(s). If Licensee's
Facilities occupy more than one innerduct, a separate Occupancy Fee
shall be paid by Licensee for each innerduct occupied. The
Occupancy Fee specified in Exhibit __ hereto is the fee applicable
to 1" or 1-1/4" diameter innerduct. GTE reserves the right to
charge a higher fee for innerduct of greater diameter. The
Occupancy Fee may be increased by GTE from time to time as permitted
by law upon sixty (60) days written notice to Licensee.
12.2 Occupancy Fees shall become due and payable on the date a COR
is approved by GTE for all GTE innerducts identified in that COR on
a pro rata basis until the end of the calendar year and thereafter
on an annual basis within thirty (30) days of the receipt of a
statement from GTE specifying the fees to be paid. Any payment
after thirty (30) days shall bear interest at the rate of eighteen
percent (18%) per annum or the maximum rate allowed by law,
whichever is less.
12.3 GTE shall maintain an inventory of the total linear footage
of innerduct occupied by Licensee's Facilities in GTE's conduit(s)
based upon the cumulative linear footage per innerduct from all CORs
approved by GTE. GTE may, at its option, conduct a physical
inventory of Licensee's Facilities for purposes of determining the
Occupancy Fees to be paid by Licensee under this section. It shall
be Licensee's sole responsibility to notify GTE of any and all
removals of Licensee's Facilities from GTE's conduit(s). Written
notice of such removals (unless they are covered by Section 17 of
this Agreement) shall be provided to GTE at least thirty (30) days
prior to the removal. Each Notice of Removal shall be in a form
specified by GTE. Licensee shall remain liable for all Occupancy
Fees until Licensee's Facilities have been physically removed from
GTE's conduits.
13. Modifications, Additions or Replacements of Licensee's Facilities.
13.1 Licensee shall not modify, add to or replace Licensee's Facilities
in any GTE conduit(s) without first notifying GTE in writing of the
intended modification, addition or replacement at least thirty (30)
days prior to the date the activity is scheduled to begin. The
required notification shall include: (1) the date the activity is
scheduled to begin, (2) a description of the planned modification,
addition or replacement, (3) a representation that the modification,
addition or replacement will not require any space other than the
space previously designated for Licensee's Facilities, and (4) a
representation that the modification, addition or replacement will
not impair the structural integrity of the GTE conduit(s) involved.
13.2 Should GTE determine that the modification, addition or
replacement specified by Licensee in its notice will require more
space than that allocated to Licensee or will require any
modification, replacement or reinforcement of the GTE conduit(s)
involved in order to accommodate Licensee's modification, addition
or replacement, GTE will so notify Licensee, whereupon Licensee
shall be required to submit a COR in compliance with this Agreement
in order to obtain authorization for the modification, addition or
replacement of Licensee's Facilities.
13.3 Access to GTE's conduit(s) for repairs, modifications, additions,
or replacements required in emergency situations shall be governed
by the provisions of Section 21 of this Agreement.
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14. Unauthorized Occupancy of GTE Conduit.
14.1 It is agreed that a charge equal to five (5) times the amount
of the then current Occupancy Fee shall be paid by Licensee to GTE
for each unauthorized occupancy of GTE's conduit(s) by Licensee.
Such payment shall be deemed liquidated damages and not a penalty.
Licensee also shall pay GTE an Occupancy Fee for each unauthorized
occupancy accruing from the date the unauthorized occupancy first
began. In the event that the date the unauthorized occupancy first
began cannot be determined, such date shall be deemed the date of
the last physical inventory made in accordance with this Agreement
or, if no physical inventory has been conducted, the date the first
COR from Licensee was approved in accordance with this Agreement.
Licensee also shall pay to GTE all costs incurred by GTE to
rearrange Licensee's Facilities that are unauthorized if such
rearrangement is required to safeguard GTE's facilities or to
accommodate the facilities of another party whose facilities would
not have required a rearrangement but for the presence of Licensee's
unauthorized facilities. Licensee also shall pay to GTE all costs
incurred by GTE to reinforce, replace or modify any GTE conduit(s),
which reinforcement, replacement or modification is required as a
result of the unauthorized occupancy by Licensee. The Occupancy Fee
referenced in this subsection 14.1 shall be determined in the same
manner as such a fee would have been determined if the occupancy had
been authorized by GTE.
14.2 For purposes of this section, an unauthorized occupancy shall
include, but not be limited to:
14.2.1 The presence of Licensee's Facilities in any GTE conduit
which conduit is not identified in any COR approved in
accordance with this Agreement;
14.2.2 The presence of Licensee's Facilities in any GTE conduit
that occupies more space than that allocated to Licensee
by GTE;
14.2.3 Licensee's Facilities that are not placed in accordance
with the provisions of this Agreement or the appropriate
COR issued pursuant to this Agreement;
14.2.4 An addition or modification by Licensee to its
pre-existing Facilities in any GTE conduit that impairs
the structural integrity of that GTE conduit.
14.2.5 The presence of facilities in GTE's conduit(s) placed by
Licensee that are owned or controlled by and for the use
of a party other than Licensee.
15. Modification or Alteration GTE Conduits.
15.1 In the event GTE plans to modify or alter any GTE conduit(s)
that house Licensee's Facilities, GTE shall provide Licensee notice
of the proposed modification or alteration at least fourteen (14)
days prior to the time the proposed modification or alteration is
scheduled to take place. Should Licensee decide to modify or alter
Licensee's Facilities in the GTE conduit(s) to be modified or
altered by GTE, Licensee shall so notify GTE in writing. In such
event, Licensee shall bear a proportionate share of the total costs
incurred by GTE to make the GTE conduit(s) accessible. Licensee's
proportionate share of the total cost shall be based on the ratio of
the amount of new space occupied by Licensee to the total amount of
new space occupied by all of the parties joining in the
modification.
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15.2 In the event GTE moves, replaces or changes the location,
alignment or grade of GTE's conduit(s) ("relocation") for reasons
beyond GTE's control, Licensee concurrently shall relocate
Licensee's Facilities. Licensee shall be solely responsible for the
costs of the relocation of Licensee's Facilities.
16. Disclaimer of Warranties.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GTE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR PURPOSE.
17. Default and Remedies.
17.1 The occurrence of any one of the following shall be deemed a
Material Default by Licensee under this Agreement:
17.1.1 Failure by Licensee to pay any fee or other sum required to be
paid under the terms of this Agreement and such default
continues for a period of five (5) days after written notice
thereof to Licensee;
17.1.2 Failure by Licensee to perform or observe any other term,
condition, covenant, obligation or provision of this Agreement and
such default continues for a period of thirty (30) days after
written notice thereof from GTE (provided that if such default is
not curable within such thirty (30) day period, the period will be
extended if Licensee commences to cure such default within such
thirty (30) day period and proceeds diligently thereafter to effect
such cure);
17.1.3 The filing of any tax or mechanic's lien against any GTE
conduit(s) which is not bonded or discharged within thirty (30) days
of the date Licensee receives notice that such lien has been filed;
17.1.4 Licensee's voluntary or involuntary bankruptcy;
17.1.5 Licensee's knowing use or maintenance of Licensee's Facilities in
violation of any law or regulation, or in aid of any unlawful act or
undertaking;
17.1.6 If any authorization which may be required of the Licensee by any
governmental or private authority for the placement, operation or
maintenance of Licensee's Facilities is denied or revoked.
17.2 In the event of a Material Default, GTE, without any further
notice to the Licensee (except where expressly provided for below or
required by applicable law) may do any one or more of the following:
17.2.1 Perform, on behalf and at the expense of Licensee, any
obligation of Licensee under this Agreement which
Licensee has failed to perform and of which GTE
shall have given Licensee notice, the cost of which
performance shall be paid by Licensee to GTE upon
demand;
17.2.2 Terminate this Agreement by giving notice of such
termination to Licensee and remove Licensee's Facilities
and store them in a public warehouse or elsewhere at the
expense of and for the account of Licensee without GTE
being deemed guilty of trespass or conversion, and
without GTE becoming liable for any loss or damages to
Licensee occasioned thereby; or
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17.2.3 Exercise any other legal or equitable right to remedy
which GTE may have.
17.3 Any costs and expenses incurred by GTE (including, without
limitation, reasonable attorneys' fees) in enforcing this Agreement
shall be paid to GTE by Licensee upon demand.
17.4 Upon termination of this Agreement by GTE, Licensee shall remain
liable to GTE for any and all fees, other payments and damages
which may be due or sustained prior to such termination, all
reasonable costs, fees and expenses, including, without limitation,
reasonable attorneys' fees incurred by GTE in pursuit of its
remedies hereunder, and additional liquidated damages which shall
be an amount equal to one full year of Occupancy Fees.
17.5 All rights and remedies of GTE set forth in this Agreement
shall be cumulative and none shall exclude any other right or
remedy, now or hereafter allowed by or available under any statute,
ordinance, rule of court, or the common law, either at law or in
equity, or both.
18. Indemnification.
18.1 Licensee shall compensate GTE for the full actual loss, damage or
destruction of GTE's property that in any way arises from or is
related to this Agreement or activities undertaken pursuant to
this Agreement (including, without limitation, the installation,
construction, operation or maintenance of Licensee's Facilities).
18.2 Licensee will further indemnify, defend and hold harmless GTE and
GTE's agents, officers, employees and assigns, from any and all
losses, damages, costs, expenses (including, without limitation,
reasonable attorneys' fees), statutory fines or penalties, actions
or claims for personal injury (including death), damage to
property, or other damage or financial loss of whatever nature in
any way arising out of or connected with this Agreement or
activities undertaken pursuant to this Agreement (including,
without limitation, the installation, construction, operation or
maintenance of Licensee's Facilities), except to the extent caused
by the negligence or willful misconduct on the part of GTE or GTE's
agents, officers, employees and assigns. Licensee further
indemnifies GTE from subsequent taxes and fees that may be levied
by municipalities ROWs in association with these agreements. Such
fees that are levied would be in addition to the
attachment/occupancy fees reflected in this Agreement. Licensee
expressly assumes all liability for actions brought against GTE and
GTE's agents, officers, employees and assigns, by Licensee's
agents, officers or employees and Licensee expressly waives any
immunity from the enforcement of this indemnification provision
that might otherwise be provided by workers' compensation law or by
other state or federal laws.
18.3 Without limiting any of the foregoing, Licensee assumes all
risk of, and agrees to relieve GTE of any and all liability for,
loss or damage (and the consequences of loss or damage) to any of
Licensee's Facilities placed in any GTE conduit(s) and any other
financial loss sustained by Licensee, whether caused by fire,
extended coverage perils, or other casualty, except to the extent
caused by the negligence or willful misconduct on the part of GTE
or GTE's agents, officers, employees and assigns.
18.4 Without limiting the foregoing, Licensee expressly agrees to
indemnify, defend and hold harmless GTE and GTE's agents, officers,
employees and assigns from any and all claims asserted by customers
of Licensee in any way arising out of or in connection with this
Agreement or Licensee's Attachments, except to the extent caused by
the negligence or willful misconduct on the part of GTE or GTE's
agents, officers, employees and assigns.
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18.5 Notwithstanding anything to the contrary in this Agreement,
Licensee further shall indemnify and hold harmless GTE, its agents,
officers, employees and assigns from and against any claims,
liabilities, losses, damages, fines, penalties and costs
(including, without limitation, reasonable attorneys' fees) whether
foreseen or unforeseen, which the indemnified parties suffer or
incur because of: (I) any discharge of Hazardous Waste resulting
from acts or omissions of Licensee or the Licensee's predecessor in
interest; (ii) acts or omissions of the Licensee, it agents,
employees, contractors or representatives in connection with any
cleanup required by law, or (iii) failure of Licensee to comply
with Environmental, Safety and Health Laws.
18.6 In no event shall GTE be liable to Licensee for any special,
consequential or indirect damages (including, without limitation,
lost revenues and lost profits) arising out this Agreement or any
obligation arising hereunder, whether in an action for or arising
out of breach of contract, tort or otherwise.
18.7 Licensee shall indemnify, protect and hold harmless GTE from
and against any and all claims for libel and slander, copyright
and/or patent infringement arising directly or indirectly by reason
of installation of Licensee's equipment in GTE's Ducts pursuant to
this Agreement.
19. Insurance.
19.1 Licensee shall carry insurance, at its sole cost and expense,
sufficient to cover its indemnification obligations as set forth in
Section 18 of this Agreement. Such insurance shall include, but
not be limited to, coverage against liability due to personal
injury or death of persons in the amount of $500,000 as to any one
person and $1,000,000 as to any one accident; coverage against
liability due to property damage in the amount of $500,000 as to
each accident and $500,000 aggregate; and coverage necessary to
fully protect both it and GTE from all claims under any worker's
compensation laws that may be applicable.
19.2 All insurance required of Licensee under this Agreement shall
remain in force for the entire life of this Agreement. The company
or companies issuing such insurance shall be approved by GTE and
GTE shall be named as an additional insured in each such policy.
Licensee shall submit to GTE certificates by each insurer to the
effect that the insurer has insured Licensee for all potential
liabilities of Licensee under this Agreement, and that it will not
cancel or change any policy of insurance issued to Licensee except
upon thirty (30) days notice to GTE. In the event Licensee's
insurance coverage is to be canceled by reason of non-payment of
premiums due, GTE shall have the option of paying any amount due
and Licensee shall forthwith reimburse GTE the full amount paid by
GTE.
19.3 Licensee shall promptly advise GTE in writing of any and all
claims for damages, including, but not limited to, damage to
property or injury to or death of persons, allegedly arising out of
or in any manner related, directly or indirectly, to the presence
or use of Licensee's Facilities.
19.4 Licensee shall furnish bond or satisfactory evidence of contractual
insurance coverage, the terms of which shall be subject to GTE's
approval, in the amount of ten thousand dollars ($10,000) to
guarantee the payment of any sums which may become due to GTE for
rentals, inspections or for work performed by GTE for the benefit
of Licensee under this Agreement, including the removal of
Licensee's equipment pursuant to any of the provisions hereof. All
bonds must specify that the GTE be notified thirty (30) days prior
to the expiration or cancellation of the policy.
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20. Taxes.
Any state or local excise, sales, or use taxes (excluding any taxes
levied on income) resulting 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. The collecting Party shall charge and
collect from the obligated Party, and the obligated Party agrees to pay to
the collecting Party, all applicable taxes, except to the extent that the
obligated Party notifies the collecting Party and provides to the
collecting Party appropriate documentation as GTE requires that qualifies
the obligated Party for a full or partial exemption. Any such taxes shall
be shown as separate items on applicable billing documents between the
Parties. The obligated Party 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 collecting
Party shall cooperate in any such contest by the other Party. The other
Party will indemnify the collecting Party from any sales or use taxes that
may be subsequently levied on payments by the other Party by the
collecting Party.
21. Emergency Restoration Procedures.
In the event of an emergency, restoration procedures may be affected by
the presence of Licensee's Facilities in GTE's conduit(s). While GTE
shall not be responsible for the repair of Licensee's Facilities that are
damaged (except by mutual written agreement), GTE shall nonetheless
control access to its Conduits if the restoration is to be achieved in an
orderly fashion.
21.1 Where GTE and Licensee are involved in emergency restorations,
access to GTE's conduit(s) will be controlled by GTE's Maintenance
District Manager or his/her on-site representative according to
the following guidelines:
21.1.1 Service Disruptions/Outages
(a) In the event of service disruptions
and/or outages, while exercising its right to first
access, GTE shall make all reasonable efforts to grant
access to as many other entities with facilities in
GTE's conduit(s) as is reasonably safe.
(b) Where simultaneous access is not
possible, access will be granted by GTE on a first come,
first served basis.
21.1.2 Service Affecting Emergencies
(a) In the event of service affecting
emergencies not resulting in service disruptions or
outages, while exercising its right to first access, GTE
shall make all reasonable efforts to grant access to as
many other entities with facilities in GTE's conduit(s)
as is reasonably safe.
(b) Where GTE is unable to grant
simultaneous access to all other entities with
facilities in GTE's conduit(s), access will granted
according to the level of damage to the facilities of
each entity and the likelihood that a given level of
damage will result in service disruption. Where the
likelihood that a service disruption will result is not
clearly discernible, access will be on a first come,
first served basis.
21.2 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Licensee's Facilities, or any action or
failure to act by GTE under this Section 21 shall not constitute a
basis for any
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claim by Licensee against GTE for any damage to Licensee's
Facilities or disruption of Licensee's services, or any other
direct or indirect damages of any kind whatsoever incurred by
Licensee.
22. Damage Suspected to Licensee's Facilities Only.
22.1 In the event Licensee receives information that Licensee's
Facilities are damaged, Licensee shall notify GTE of said damage at
[--TELEPHONE NUMBER--]. This is a 24-hour, 7 days per week
notification number. Licensee shall provide GTE all information
known to it regarding the damage to Licensee's Facilities.
22.2 In the event GTE receives notice that Licensee's Facilities
are damaged, GTE will notify Licensee of said damage by telephone
at the Licensee's emergency telephone number. GTE shall provide
Licensee all information known to it regarding the damage to
Licensee's Facilities.
22.3 After the giving of such notice by either Licensee or GTE,
Licensee shall be authorized to perform emergency restoration
maintenance activities in connection with Licensee's Facilities,
subject to the provisions of this Agreement.
22.4 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Licensee's facilities, or any action or
failure to act by GTE, appropriately or inappropriately, under this
Section shall not be the basis for any claim by Licensee against
GTE for any damage to Licensee's Facilities or disruption of
Licensee's services, or any other direct or indirect damages of any
kind whatsoever incurred by Licensee and Licensee shall indemnify
and hold GTE harmless from any such claim.
23. Access to GTE's Manholes/Handholes.
23.1 GTE will allow Licensee to audit manholes/handholes that are
included in any COR submitted to GTE to confirm usability.
Licensee shall give GTE at least fourteen (14) days advance written
notice of its desire to audit and shall obtain all authorizations
from appropriate authorities required to open the
manholes/handholes. GTE shall have the right to have a GTE employee
or agent present when its manholes/handholes are being opened.
Such GTE employee or agent shall have the authority to suspend
Licensee's activities in and around GTE's manholes/handholes if, in
the sole discretion of said employee or agent, any hazardous
conditions arise or any unsafe practices are being followed by
Licensee's employees, agents, or contractors. Licensee agrees to
reimburse GTE the cost of having GTE's employee or agent present.
Such charge shall be GTE's fully loaded labor rates then in effect.
23.2 For purposes other than to audit usability, GTE's
manholes/handholes shall be opened only as permitted by GTE and
only after Licensee has obtained all necessary authorizations from
appropriate authorities to open manholes/handholes and conduct work
operations therein. GTE shall have the right to have a GTE
employee or agent present at any site at which its
manholes/handholes are being opened. Such GTE employee or agent
shall have the authority to suspend Licensee's work operations in
and around GTE's manholes/handholes if, in the sole discretion of
said employee or agent, any hazardous conditions arise or any
unsafe practices are being followed by Licensee's employees,
agents, or contractors. Licensee agrees to reimburse GTE the cost
of having GTE's employee or agent present. Such charge shall be
GTE's fully loaded labor rates then in effect. The presence of
GTE's authorized employee or agent shall not relieve Licensee of
its responsibility to conduct all of its work operations in and
around GTE's conduit(s) in a safe and workmanlike manner, in
accordance with the terms of this Agreement.
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24. Abandonment.
Nothing in this Agreement shall prevent or be construed to prevent GTE
from abandoning, selling, assigning or otherwise disposing of any GTE
conduit(s) or other GTE property used in connection with Licensee's
Facilities; provided, however, that GTE shall condition any such sale,
assignment or other disposition subject to the rights granted to Licensee
pursuant to this Agreement. GTE shall promptly notify Licensee of any
proposed sale, assignment or other disposition of any GTE conduit(s) or
other GTE property used in connection with Licensee's Facilities.
25. Notices.
Any written notice to be given to a party to this Agreement shall be in
writing and given or made by means of telegram, facsimile transmission,
certified or registered mail, express mail or other overnight delivery
service, or hand delivery, proper postage or other charges prepaid, and
addressed or directed to the respective parties as follows:
To Licensee:
-------------------------------
-------------------------------
-------------------------------
To GTE:
-------------------------------
-------------------------------
-------------------------------
Any notice given by personal delivery shall be deemed to have been given
on the day of actual delivery and, if given by registered or certified
mail, return receipt requested, on the date of receipt thereof and, if
given by facsimile transmission, on the day of transmittal thereof if
given during the normal business hours of the recipient and on the next
business day if not given during normal business hours.
26. Non-Waiver of Terms and Conditions.
No course of dealing, course of performance or failure to enforce any of
term, right, condition or other provision of this Agreement shall
constitute or be construed as a waiver of any term, right or condition or
other provision of this Agreement.
27. Dispute Resolution.
27.1 Except in the case of (i) a suit, action or proceeding by GTE
to compel Licensee to comply with its obligations to indemnify GTE
pursuant to this Agreement or (ii) a suit, action or proceeding to
compel either party to comply with the dispute resolution
procedures set forth in this section, the parties agree to use the
following procedure to resolve any dispute, controversy or claim
arising out of or relating to this Agreement or its breach.
27.2 At the written request of a party, each party shall designate
a knowledgeable, responsible representative to meet and negotiate
in good faith to resolve any dispute, controversy or claim arising
under this Agreement. The parties intend that these negotiations
be conducted by non-lawyer, business representatives. The
substance of the negotiations shall be left to the discretion of
the representatives. Upon mutual agreement, the representatives
may utilize other alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and
correspondence between the representatives for purposes of these
negotiations shall be treated as confidential, undertaken for
purposes of settlement, shall be exempt from discovery and
production, and shall not be admissible in the arbitration
described below or in any subsequent lawsuit without the
concurrence of all parties. Documents identified in or provided
during such
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negotiations, which are not prepared for purposes of the
negotiations, shall not be so exempt and may, if otherwise
admissible, be admitted as evidence in any subsequent proceeding.
27.3 If a resolution of the dispute, controversy or claim is not
reached within sixty (60) days of the initial written request, the
dispute, controversy or claim shall be submitted to binding
arbitration by a single arbitrator pursuant to the rules of the
American Arbitration Association (AAA), except as hereinafter
provided. Discovery in any proceeding before the AAA shall be
controlled by the arbitrator and shall be permitted to the extent
set forth in this section. Parties may exchange, in any
combination, up to thirty-five (35) (none of which may contain
subparts) written interrogatories, demands to produce documents and
requests for admission. Each party may also to take the oral
deposition of one (1) witness. Additional discovery may be
permitted upon mutual agreement of the parties. The arbitration
hearing shall be commenced within sixty (60) days of the demand for
arbitration and shall be held in the city where GTE's local offices
are located. The arbitrator shall rule on the dispute, controversy
or claim by issuing a written opinion within thirty (30) days after
the close of 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. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction.
27.4 Each party shall bear its own costs, including attorneys'
fees, incurred in connection with any of the foregoing procedures.
A party seeking discovery shall reimburse the responding party
the cost of reproducing documents (to include search time and
reproduction time costs). The fees associated with any
arbitration, including the fees of the arbitrator, shall be divided
equally between the parties.
28. Compliance With Laws.
Notwithstanding anything to the contrary in this Agreement, Licensee
shall ensure that any and all activities it undertakes pursuant to this
Agreement shall comply with all applicable laws, including, without
limitation, all applicable provisions of (I) workers' compensation laws,
(ii) unemployment compensation laws, (iii) the Federal Social Security
Law, (iv) the Fair Labor Standards Act, and (v) all laws, regulations,
rules, guidelines, policies, orders, permits and approvals of any
governmental authority relating to environmental matters and/or
occupational safety.
29. Force Majeure.
Except for payment of the Occupancy Fees and other amounts payable under
this Agreement, neither party shall have any liability for its delays or
its failure in performance due to fire, flood, explosion, pest damage,
power failures, strikes or labor disputes, acts of God, the Elements, war,
civil disturbances, acts of civil or military authorities or the public
enemy, inability to secure raw materials, transportation facilities, fuel
or energy shortages, or other cause beyond its control.
30. Assignment.
30.1 The rights and obligations of Licensee under this Agreement
shall not be assigned, transferred or sub-licensed, in whole or in
part, without the prior written consent of GTE. An assignment,
transfer or sub-license of this Agreement by Licensee shall not
relieve Licensee of its obligations under this Agreement. Any
assignment attempted without the prior written consent of GTE shall
be void.
30.2 GTE shall have the right to assign this Agreement and to assign its
rights and delegate its obligations and liabilities under this
Agreement, either in whole or in part. GTE shall provide notice to
Licensee of any assignment which shall state the effective date
thereof.
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Upon the effective date and to the extent of the assignment, GTE
shall be released and discharged from all obligations and
liabilities under this Agreement.
30.3 Neither this Agreement nor any term or provision hereof, nor
any inclusion by reference shall be construed as being for the
benefit of any person or entity not a signatory hereto.
30.4 This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
31. Applicable Law.
This Agreement, and the rights and obligations contained in it, shall be
governed and construed under the laws of the State of _________ without
regard to its conflicts of laws provisions.
32. Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and
all applicable laws, rules, regulations or guidelines that subsequently
may be prescribed by any federal, state or local governmental authority.
To the extent required by any such subsequently prescribed law, rule,
regulation or guideline, the parties agree to modify, in writing, the
affected term(s) and condition(s) of this Agreement to bring them into
compliance with such law, rule, regulation or guideline. Should any term
of this Agreement be determined by a court or other entity with competent
jurisdiction to be unenforceable, all other terms of this Agreement shall
remain in full force and effect.
33. Headings.
All headings contained in this Agreement are for convenience only and are
not intended to affect the meaning or interpretation of any part of this
Agreement.
34. Entire Agreement.
The terms and conditions of this Agreement supersede all prior oral or
written understandings between the parties and constitute the entire
agreement between them concerning the subject matter of this Agreement.
There are no understandings or representations, express or implied, not
expressly set forth in this Agreement. This Agreement shall not be
modified or amended except by a writing signed by the party to be charged.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For Licensee:
GTE
---------------------------------- -------------------------
(Signature of Authorized Agent) (Signature of Officer)
(Printed Name of Authorized Agent) (Printed Name of Officer)
(Title) (Title)
(Date) (Date)
ATTEST:
Corporate Seal (If Applicable)
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EXHIBIT __
OCCUPANCY FEES
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APPENDIX M
RECIPROCAL COMPENSATION FOR CALL TERMINATION
1. This document describes the reciprocal compensation arrangements between
DTI and GTE for Local Tariff, Toll and Switched Access Services. The
Parties shall compensate each other for transport and termination of such
traffic at the rates provided in Appendix D and/or the appropriate
Parties' Switched Access Tariff.
2. Compensation for Call Termination
A. Reciprocal compensation does not apply in a resale environment.
B. The following compensation terms shall apply in all cases where
DTI purchases GTE's unbundled Local Switching:
1. For local intra-switch calls between lines connected to GTE's
switch where DTI has purchased GTE's unbundled Local
Switching, the Parties agree to impose no call termination
charges on each other. GTE's Local Switching charge will
apply as described below where the call is:
(a) Originated by DTI's customer and completed to a GTE
customer:
(1) (For use of the local switch): Local Switching
charge at the originating office will apply
to DTI.
(b) Originated by DTI's customer and completed to the
customer of a Third Party LEC (not affiliated with
DTI) using GTE's unbundled Local Switching:
(1) (For use of the local switch): Local Switching
charge at the originating office will apply
to DTI.
(c) Originated by DTI's customer and completed to another
DTI's customer using GTE's unbundled Local
Switching.
(1) (For use of the local switch): Local Switching
charge at the originating office will apply
to DTI.
(d) Originated by a GTE customer and terminated to DTI's
customer using GTE's unbundled Local Switching.
(1) No Local Switching charge will apply.
(e) Originated by the customer of a Third Party LEC (not
affiliated with DTI) using GTE's unbundled Local
Switching and terminated to DTI's customers using GTE's
unbundled Local Switching.
(1) No Local Switching charge will apply to DTI.
2. For Local inter-switch calls where DTI has purchased GTE's
unbundled Local Switching.
GTEs charges will apply to DTI described below where the call is:
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(a) Originated from DTI's end-user customer using GTE's
unbundled Local Switching and completed to a GTE
customer.
(1) (For use of the local switch): Local Switching
charge at the originating office.
(2) a mileage-based transport charge will apply when
DTI uses GTE's transport.
(3) (For call termination): Charges for local
interconnection/call termination, when
applicable.
(b) Originated from DTI's customer using GTE's unbundled
Local Switching and completed to a Third Party LEC (not
affiliated with DTI) customer using GTE's unbundled
Local Switching.
(1) (For use of the local switch): Local Switching
charge at the originating Office.
(2) a mileage-based transport charge will apply when
DTI uses GTE's transport.
(c) Originated from DTI's customer using GTE's unbundled
Local Switching and completed to the interconnected
network of a Third Party LEC (not affiliated with DTI).
(1) (For use of the local switch): Local Switching
charge at the originating office.
(2) a mileage-based transport charge will apply when
DTI uses GTE's transport, and mileage shall be
measured between the originating office and the
POI of the Third Party's network.
(d) Originated from DTI's customer using GTE's unbundled
Local Switching and completed to DTI's customer using
GTE's unbundled Local Switching.
(1) (For use of the local switch): Local Switching
charge at the originating office.
(2) a mileage-based transport charge will apply when
DTI uses GTE's transport.
(3) (For use of the local switch): Local Switching
charge at the terminating office.
(d) Originated by a GTE customer and terminated to DTI's
customer using GTE's unbundled Local
Switching.
(1) (For use at local switch): Local Switching
Charge at the terminating office.
(2) (For call termination): DTI shall charge GTE for
local interconnection/call termination, when
applicable.
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(f) Originated by a customer of a third-party LEC (not
affiliated with DTI) using GTE's unbundled Local
Switching and terminated to DTI's customer using GTE's
unbundled Local Switching.
(1) (For use of the local switch): Local Switching
charge at the terminating office.
(g) Originated by a customer of the interconnected network
of a third-party LEC (not affiliated with DTI)
and terminated to DTI's customer using GTE's unbundled
Local Switching.
(1) (For use of the local switch): Local Switching
charge at the terminating office.
3. For intraLATA toll calls where DTI has purchased GTE's unbundled
Local Switching, charges per Unbundled Network Element pricing
shall apply as follows:
a. Originated by DTI's customer and completed to a GTE customer.
1. (For use of the local switch): Local Switching charge
plus RIC and CCLC (Residual Interconnection Charge) at
the originating office.
2. Shared transport charge between the two offices will
apply when DTI uses GTE's transport.
3. (For call termination): End Office Switching charge at
the terminating office (Switched Access Rate).
4. RIC and CCLC at the terminating office.
B. Originated by DTI's customer and completed to the customer of
a third-party LEC (not affiliated with DTI) using GTE's
unbundled Local Switching in a distant end office.
1. (For use of the local switch): Local Switching charge
plus RIC and CCLC at the originating office.
2. will apply when DTI uses GTE's transport.
C. Originated by DTI customer and completed to the network of a
third-party LEC (not affiliated with DTI) interconnected with
GTE's network.
1. (For use of the local switch): Local Switching
charge, plus RIC and CCLC, at the originating office.
2. Common transport charge will apply when DTI uses
GTE's transport, and mileage shall be measured between
the originating office and the POI of the Third Party's
network.
3. Tandem Switching, where applicable.
D. Originated by DTI's customer and completed by another of
DTI's customers being served through GTE's unbundled Local
Switching in a distant office.
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1. (For use of the local switch): Local Switchingcharge
plus RIC and CCLC at the originating office.
2. Shared transport charge between the two offices will
apply when DTI uses GTE's transport.
3. (For use of the local switch): Local Switching charge
plus RIC and CCLC at the terminating office.
E. Originated by a GTE customer and terminated to DTI's customer
using GTE's unbundled Local Switching.
1. (For use of the local switch): Local Switching
2. (For call termination): DTI will charge GTE Local
Switching at the terminating office (Switched Access
Rate).
3. (For call termination): DTI will charge GTE NI and CCLC
at the terminating office.
F. Originated by the customer of a third-party LEC (not
affiliated with DTI) using GTE's unbundled Local Switching in
a distant end office and terminated to DTI's customer
using GTE's unbundled Local Switching.
1. (For use of the local switch): Local Switching charge
plus RIC and CCLC at the terminating office.
G. Originated by a customer of the network of a third-party LEC
(not affiliated with DTI) interconnected with GTE's network and
terminated to DTI's customer using GTE's unbundled Local
Switching.
1. (For use of the local switch): Local Switching charge
plus RIC and CCLC at the terminating office.
4. For intrastate Switched Access calls where DTI's is using GTE's
unbundled Local Switching for calls originated from or terminated to
an IXC for completion:
a. For calls originated from DTI's customer to DTI's own IXC
switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge
at the terminating office.
2. Originating RIC and CCLC.
3. GTE will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Originating RIC and CCLC;
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(b) Local Switching.
B. For calls originating from DTI's customer to an IXC's switch
not affiliated with DTI.
1. (For use of the local switch): DTI's customer to an
IXC's switch not affiliated with DTI.
2. Originating RIC and CCLC.
3. GTE shall charge the non-affiliated IXC for the
following originating Switched Access on a meet-point
basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge the non-affiliated IXC for the following
Switched Access elements on a meet-point basis:
(a) Originating RIC and CCLC;
(b) Local Switching.
C. For calls terminating to DTI's end-user customer from DTI's
own IXC switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge
at the terminating office.
2. Terminating RIC and CCLC.
3. GTE will charge DTI's IXC (affiliate) the following
Switched Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC (affiliate) for the following
Switched Access elements on a meet-point basis:
(a) Terminating RIC and CCLC.
(b) Local Switching.
D. For calls terminating to DTI's customer from an IXC switch
not affiliated with DTI.
1. (For use of the local switch): Local Switching charge
at the terminating office.
2. Terminating RIC and CCLC.
3. GTE shall charge the IXC for the following terminating
Switched Access on a meet point basis:
(a) Local Transport;
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(b) Tandem Switching.
4. DTI will charge IXC for the following Switched Access
elements on a meet-point basis:
(a) Terminating RIC and CCLC;
(b) Local Switching.
5. For interstate Switched Access calls where DTI is using GTE's
unbundled Local Switching for calls originated from or terminated
to an IXC for completion:
a. For calls originated from DTI's customer to DTI's own IXC
switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge
at the originating office.
2. Originating Residual Interconnection Charge (RIC) and
CCL.
3. GTE shall charge DTI's IXC affiliate for the following
originating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Originating RIC;
(b) Originating CCLC;
(c) Local Switching.
B. For calls originated from DTI's customer to an IXC's switch
not affiliated to DTI.
1. (For use of the local switch): Local Switching charge
at the terminating office.
2. Originating RIC and CCLC.
3. GTE shall charge the IXC for the following originating
Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge IXC the following Switched Access
elements on a meet-point basis:
(a) Originating RIC;
(b) Originating CCLC;
(c) Local Switching.
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C. For calls terminating customer for DTI's own IXC switch (or
that of an affiliate) for completion.
1. (For use of the local switch): Local Switching charge
at the terminating office.
2. Terminating RIC and CCL.
3. GTE will charge DTI's IXC (affiliate) the following
Switched Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Terminating RIC;
(b) Terminating CCLC;
(c) Local Switching.
D. For calls terminating to DTI's customer from an IXC switch
not affiliated with DTI.
1. (For use of the local switch): Local Switching charge
at the terminating office.
2. Terminating RIC and CCL.
3. GTE will charge the non-affiliated IXC for the following
terminating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge IXC the following Switched Access
elements on a meet-point basis:
(a) Terminating RIC;
(b) Terminating CCLC;
(c) Local Switching.
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APPENDIX 46A
GTE TERMS
GTE/DTI OPT-IN NEGOTIATION ISSUES
Pursuant to Section 46 of Article III of this Agreement and subject to all of
the terms and conditions of that Section 46, each of the following rates or
terms may be replaced or supplemented by the correlative rate or term set forth
in the OtherCLEC TERMS listed in Appendix 45B, as and when provided in Section
46 and only until, as long as, and under the conditions prescribed by Section
46.
ISSUE NUMBER ISSUE AGREEMENT REFERENCE
DESCRIPTION
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APPENDIX 46B
OTHERCLEC TERMS
GTE/DTI OPT-IN NEGOTIATION ISSUES
Pursuant to Section 46 of Article III of this Agreement and subject to all of
the terms and conditions thereof, and after notice as called for in Section 46,
the following OtherCLEC TERMS referred to in Section 46 will be substituted for
the GTE TERMS which are set out in Appendix 45A as and when Section 46 calls
for them to be substituted. When the OtherCLEC Agreement is selected pursuant
to the provisions of Section 46, the parties shall modify this Appendix by
replacing the descriptions of issues below with the specific rates and terms
and conditions of the selected OtherCLEC Agreement that describes those precise
issues are attached hereto as Exhibits to this Appendix.
ISSUE NUMBER ISSUE AGREEMENT REFERENCE
DESCRIPTION
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