[LETTERHEAD]
September 9, 1999
XXXXXXXXX.XXX
Xxxx Xxxxx
3 Burlington Xxxxx Dr.
4th Flr.
Burlington, MA 01803
Xxxx,
Enclosed you will find a copy of the XXXXXXXXX.XXX resale signature
ready agreement for the state of Texas. Please review the agreement and
let me know if you have any questions. If you are ready to sign the
agreement, sign in the designated places and return the entire
agreement to my office.
Once we receive the signed copy, the President-Industry Markets of
Southwestern Bell will sign it and a copy will be forwarded to you.
Southwestern Bell will file the agreement with the Texas Public
Utilities Commission. If you have any questions in the meantime, please
call me at 000 000-0000 or you can E-mail me at xx0000@xxxxxx.xxx.xxx.
Sincerely,
/s/ Xxxx Xxxxxxx
-----------------------------
Xxxxxxxxx (Xxxx) Xxxxxxx
Account Manager-LPAT
Southwestern Bell
enclosure
PAGE 1 OF 3
RESALE AGREEMENT BETWEEN
SOUTHWESTERN BELL TELEPHONE COMPANY
AND xxxxxxxxx.xxx
TABLE OF CONTENTS
I. DESCRIPTION AND CHARGES FOR SERVICES ..................................1
II. TERMS AND CONDITIONS FOR RESALE OF SERVICES ...........................3
A. PERMITTED USE OF RESOLD SERVICES BY CLEC AND ITS END USERS .........3
B. USE OF SWBT TRADEMARKS .............................................5
C. NETWORK AND SERVICE ORDER CONDITIONS ...............................5
D. CUSTOMER SPECIFIC PRICING ..........................................6
III. ADDITIONAL SERVICES ...................................................7
A. 911/E911 ...........................................................7
B. DIALING PARITY .....................................................7
X. XXXXX PAGE DIRECTORIES: LISTINGS,
DISTRIBUTION AND INFORMATION PAGE ..................................8
D. DIRECTORY ASSISTANCE (DA) ..........................................9
E. OPERATOR SERVICES (OS) ............................................10
F. PAYPHONE SERVICES .................................................10
IV. RESPONSIBILITIES OF SWBT .............................................10
V. ADDITIONAL RESPONSIBILITIES OF THE PARTIES ...........................12
A. COOPERATION ON FRAUD ..............................................12
B. FILING THE AGREEMENT...............................................12
VI. CHANGES IN SUBSCRIBER CARRIER SELECTIONS .............................13
VII. ADDITIONAL RESPONSIBILITIES OF CLEC...................................14
A. PAYMENT OF RATES AND CHARGES ......................................14
B. INTERFACES WITH SWBT ..............................................18
C. REPAIR CONTACT ARRANGEMENTS .......................................19
D. CLEC OPERATING COMPANY NUMBER (OCN) ...............................19
E. SPECIAL SERVICE ARRANGEMENTS ......................................19
F. DEVELOPMENT OF BRANDING AND CUSTOMIZED ROUTING ....................19
VIII. NONEXCLUSIVITY .......................................................21
IX. SUPPORT SYSTEMS SERVICES .............................................21
A. SUPPORT SYSTEMS SERVICES ..........................................21
B. NETWORK MANAGEMENT CONTROLS .......................................23
C. LAW ENFORCEMENT AND CIVIL PROCESS..................................23
PAGE 2 OF 3
X. CALL TRACE............................................................24
XI. TAXES ................................................................24
XII. TERMINATION OF SERVICE TO CLEC. ......................................25
XIII. FORCE MAJEURE ........................................................27
XIV. LIMITATION OF LIABILITY ..............................................27
XV. NONDISCLOSURE ........................................................28
XVI. PUBLICITY ............................................................29
XVII. ASSIGNMENT ...........................................................29
XVIII. DISPUTE RESOLUTION ...................................................30
A. FINALITY OF DISPUTES ..............................................30
B. ALTERNATIVE TO LITIGATION .........................................30
C. COMMENCING DISPUTE RESOLUTION .....................................30
D. INFORMAL RESOLUTION OF DISPUTES ...................................30
E. FORMAL DISPUTE RESOLUTION .........................................31
F. ARBITRATION .......................................................32
X. XXXXXXX DISPUTES...................................................33
H. NO CONFLICT .......................................................34
XIX. VERIFICATION REVIEWS .................................................34
XX. COMPLIANCE WITH LAWS .................................................35
XXI. CERTIFICATION REQUIREMENTS............................................36
XXII. INTENTIONALLY LEFT BLANK .............................................36
XXIII. NOTIFICATION .......................... ..............................36
XXIV. NOTICES ................................ .............................36
XXV. BENEFICIARIES ........................................................37
XXVI. TERM .................................................................37
XXVII. EFFECTIVE DATE .......................................................38
PAGE 3 OF 3
XXVIII. WAIVER ...............................................................38
XXIX. DISCLAIMER OF WARRANTIES .............................................38
XXX. RELATIONSHIP OF THE PARTIES ..........................................38
XXXI. INTERVENING LAW AND PRESERVATION OF RIGHTS ...........................38
XXXII. COMPLETE TERMS .......................................................39
PAGE 1 OF 40
RESALE AGREEMENT BETWEEN
SOUTHWESTERN BELL TELEPHONE COMPANY
AND XXXXXXXXX.XXX
This Agreement is between Southwestern Bell Telephone Company ("SWBT"), a
Missouri corporation, and xxxxxxxxx.xxx. ("CLEC"), a Delaware corporation,
(collectively, "the Parties") entered into this__________ day of__________ 1999.
WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), the
Parties wish to establish terms for the purchase by CLEC of certain SWBT retail
telecommunications services and certain other services for resale by CLEC to its
local exchange end users in the State of Texas. Therefore, the Parties hereby
agree as follows:
The geographic SCOPE of this Agreement shall include all exchanges served
by SWBT in the state of Texas. This Agreement shall exclusively govern CLEC's
purchases of the services which are the subject of this Agreement, including any
Appendices, Exhibits, Attachments and/or Amendments hereto, in such state. By
entering this Agreement CLEC agrees that it is purchasing services pursuant to
this Agreement and not General Exchange Tariff (HB2128) and shall continue to
abide by all terms of this Agreement unless terminated as provided herein.
I. DESCRIPTION AND CHARGES FOR SERVICES
A. Attached hereto as Exhibit A is a list of Telecommunications Services
currently available for resale at the wholesale discount rate set by
the Commission through arbitration, i.e., 21.6% off the retail rate
for each service. Except as otherwise expressed herein and consistent
with SWBT's obligation under Sections 251(c)(4)(A) of the Act, CLEC
may resell other Telecommunications Services offered by SWBT and not
listed in Exhibit A. Exhibit B contains a list of other services
available for resale at the discount included in the exhibit.
B. SWBT shall make available for resale by CLEC SWBT's Bill Plus or
Consolidated Billing service at a discount of five percent (5%) off
SWBT's tariffed rate for each service (or in the event these services
are not tariffed, at the rate SWBT charges its subscribers).
C. SWBT shall make available for resale by CLEC the following SWBT
services at SWBT's tariffed rate for each service (or in the event a
service is not tariffed, at the rate SWBT charges its subscribers,
except as otherwise provided herein):
PAGE 2 OF 40
- Construction Charges
- Connections with Terminal Equipment and Communication System
- Distance Learning
- Maintenance of Service Charges
- Suspension Services
- Telecommunications Service Priority Systems
- Access Services
- Cellular Mobile Telephone Interconnection Services
- Exchange Connection Services
- Shared Tenant Service
- 976 Information Delivery Service
D. The Distance Learning discount is in addition to the discounts for the
underlying services provided. Suspension of Service discounts apply to
the discounted rate for the underlying service. When CLEC resells
Shared Tenant Service, CLEC will receive the discount associated with
the underlying service used in the shared tenant arrangement.
E. SWBT shall be under no obligation to offer the following for resale:
- BDS/LAN
- Customer Provided Equipment
- Customized Billing Reports
- InLine -Registered Trademark- Products
- Inside Wiring
- Semi-Public Telephone Booths and Enclosures
- 911 Universal Emergency Number Equipment
F. Grandfathered services are also available for resale at the applicable
wholesale discount to the same customers to which SWBT offers the
service.
G. Telecommunications Services will be resold to CLEC on terms and
conditions that are reasonable and nondiscriminatory.
H. CLEC may offer to resell Customer Initiated Suspension and Restoral
Service to their end users. SWBT will offer to CLEC Company Initiated
Suspension service for their own purposes at the SWBT retail tariffed
rate. Should CLEC choose to suspend their end user through Company
Initiated Suspension Service, this suspension period shall not exceed
fifteen (15) calendar days. If CLEC issues a disconnect on their end
user account within the fifteen (15) day period, appropriate services
will not be billed for the suspension period. However, should CLEC
issue a disconnect after the fifteen (15) day suspension period, CLEC
will be
PAGE 3 OF 40
responsible for all appropriate charges on the account back to the
suspension date, Should CLEC restore their end user, restoral charges
at the SWBT retail tariffed rate will apply and CLEC will be billed
for the appropriate service from the time of suspension.
II. TERMS AND CONDITIONS FOR RESALE OF SERVICES
The following terms and conditions are applicable to all services purchased
under this Agreement.
A. PERMITTED USE OF RESOLD SERVICES BY CLEC AND ITS END USERS
1. For services included in this Agreement which are offered through
tariffs by SWBT to its end users, the rules and regulations
associated with the applicable State General Exchange Tariff,
Local Exchange Service Tariff, and the other tariffs for the
resold service (such tariffs collectively referred to herein as
"corresponding tariffs"), apply except for applicable resale
restrictions and except as otherwise provided herein.
2. CLEC shall only sell Plexar -R- services to a single end user or
multiple users on continuous properties.
3. Except where otherwise explicitly provided in the corresponding
tariffs, or except where SWBT permits such sharing by its own end
users, CLEC shall not permit the sharing of a service by multiple
end users or the aggregation of traffic from multiple end users
onto a single service; however, based upon the Commission's
Arbitration Order, SWBT will not retain its limitation on
aggregation for purposes of the resale of volume discount offers.
4. CLEC shall only resell services purchased under this Agreement to
the same class of end users to whom SWBT sells such services
(e.g. residence service shall not be resold to business end
users). CLEC may only resell Lifeline Assistance, Link-Up, and
other like services to similarly situated customers who are
eligible for such services. Further, to the extent CLEC resells
services that require certification on the part of the buyer,
CLEC will ensure that the buyer has received proper certification
and complies with all rules and regulations as established by the
Commission.
5. For purposes of this section, "short term promotions" of
Telecommunications services are limited in length to no more than
ninety (90) days for the length of the period during which the
PAGE 4 OF 40
promotion may be offered to the public, and to no more than
ninety (90) days for the period during which any and all benefits
from the promotion must be realized or captured by the
subscriber, and that the subscriber must begin receiving the
benefit during the offering period.
a. Based upon the Arbitration Order of the Commission, CLEC may
obtain the short term promotional service from SWBT for
resale but CLEC is not entitled to receive a discount from
SWBT off of the promotional rate.
b. Retail rates that do not qualify as a short term promotion,
i.e., those in excess of 90 days, are the rates to which the
respective wholesale discounts in Section 1 apply while they
are in effect.
c. Nothing in this Agreement shall require SWBT to provide to
CLEC promotional service elements that are not
Telecommunications Services such as CPE and Inside Wire
Maintenance Plans.
6. CLEC shall not use a resold service to avoid the rates, terms and
conditions of SWBT's corresponding tariffs.
7. CLEC shall not use resold local exchange telephone service to
provide access or interconnection services to itself,
interexchange carriers (IXCs), wireless carriers, competitive
access providers (CAPs), or other telecommunications providers.
Provided however, that CLEC may permit its end users to use
resold local exchange telephone service to access IXCs, wireless
carriers, CAPs, or other retail telecommunications providers.
8. If CLEC is found to be in violation of a provision of this
Agreement, SWBT shall notify CLEC of the violation in writing of
the specific provision being violated. At such time, CLEC shall
have thirty (30) days to correct the violation and notify SWBT in
writing that the violation has been corrected. SWBT shall then
xxxx XXXX for the charges which should have been collected by
SWBT or the actual revenues collected by CLEC from its end users
for the stated violation, whichever is greater. If CLEC disputes
the violation, it shall notify SWBT in writing within fourteen
(14) days of receipt of notice from SWBT. Disputes shall be
resolved as outlined in the Dispute Resolution section of the
Agreement.
PAGE 5 OF 40
9. An End User Common Line (EUCL) charge will continue to apply for
each local exchange line resold under this agreement. All federal
rules and regulations associated with EUCL charges, as found in
Tariff FCC 73, also apply. To the extent ordered by the Texas
Public Utility Commission, the wholesale discount will apply to
the EUCL.
10. To the extent allowable by law, CLEC shall be responsible for
Primary Interexchange Carrier (PIC) change charges associated
with such local exchange line. CLEC shall pay for PIC changes at
the tariffed rate.
11. SWBT is not required to make services available for resale at
wholesale rates to CLEC for its own use or to CLEC's affiliates,
subsidiaries, predecessors, successors, assignees or anyone or
any entity claiming by or through CLEC.
B. USE OF SWBT TRADEMARKS
Except where otherwise required by law, CLEC shall not, without SWBT's
written authorization, offer the services covered by this Agreement
using the trademarks, service marks, trade names, brand names, logos,
insignia, symbols or decorative designs of SWBT or its affiliates. Nor
shall CLEC state or imply that there is any joint business association
or similar arrangement with SWBT in the provision of
telecommunications services to CLECs own end users. CLEC may brand
services included in this Agreement with its own brand name, but SWBT
shall not be responsible for providing such branding.
C. NETWORK AND SERVICE ORDER CONDITIONS
1. SWBT shall provide the services covered by this Agreement subject
to availability of existing facilities and on a nondiscriminatory
basis with its other customers. CLEC shall resell the services
provided herein only in those service areas in which such resale
services or any feature or capability thereof are offered at
retail by SWBT as the incumbent local exchange carrier to its end
users.
2. When CLEC converts an end user currently receiving noncomplex
service from the SWBT network, without any changes to SWBT's
network, and such order requires manual processing by SWBT
personnel, CLEC will be charged an interim per order (i.e., per
billable telephone number) conversion charge of $16.65 in Texas.
PAGE 6 OF 40
Conversion orders processed and completed electronically will be
charged $5 per order on an interim basis. Complex orders will be
charged at an interim rate of $52.55 per order. Custom Services
conversions (e.g. Plexar Custom) will be handled on a Customer
Specific Proposal basis.
When CLEC converts an end user's service and adds or changes are
made to the network, the respective conversion charge will apply,
as well as any normal service order charges associated with said
changes. All non-recurring service connection charges, excluding
the conversion charge mentioned above, will be charged at a
discount for those services listed in Exhibits A and B.
3. For the purposes of ordering new service under this Agreement,
each request for new service shall be handled as a separate and
initial request for service per billable telephone number. The
additional line rate for Service Order Charges shall apply only
to those requests for additional residential service at the end
user's same location where a residential line is currently
provided on SWBT's network, regardless of the non-facilities
based Competitive Local Exchange Carrier of record.
4. For purposes of this section, CLEC service orders shall be
handled in the same fashion as SWBT employs for its own end
users.
D. CUSTOMER SPECIFIC PRICING
CLEC may convert current SWBT end users and SWBT or any reseller of
SWBT local service may convert current CLEC end users with existing
term, volume, termination liability or any customer specific pricing
(all of the aforementioned referred to hereinafter as CSP) contracts
existing with the current Local Service Provider (LSP) in the State of
Texas reciprocally with the following responsibilities subject to any
modifications ultimately approved in Docket 17759 and any appeals
thereof:
1. RESPONSIBILITIES OF CLEC
CLEC will assume in writing the balance of the terms, including
volume, term and termination liability existing on a current
retail or resold SWBT end user at the time of conversion. CLEC
may resell the CSP initially at the wholesale discount of 5.62%
for Customer Specific contracts and 8.04% for existing Tariffed
Volume and term contracts. Correspondingly, CLEC will not charge
their end user termination liability when an existing CSP
PAGE 7 OF 40
contract between CLEC end user is converted to SWBT or any other
LSP reselling SWBT local service.
2. RESPONSIBILITIES OF SWBT
SWBT will not charge the end user termination liability when an
existing CSP contract is converted to CLEC for resale.
Correspondingly, SWBT or other LSP will assume in writing the
balance of the terms, termination liability, volume or customer
specific pricing contracts that exist when a current CLEC end
user is converted to SWBT or other reseller of SWBT local
service.
III. ADDITIONAL SERVICES
A. 911/E911
1. Access to the 911 or E911 service, available to SWBT end users
in the area(s) served by CLEC, shall be made available to CLEC's
end users.
2. CLEC shall be responsible for collecting and remitting all
applicable 911 surcharges on a per line basis to the Public
Safety Answering Point (PSAP).
3. When requested by SWBT, CLEC shall provide timely, accurate and
complete information on each of CLEC's end users as needed for
the provisioning of 911 service to CLECs end users. Such
information shall be in a format and a time frame pre-subscribed
by SWBT for purposes of 911 administration.
B. DIALING PARITY
1. LOCAL DIALING PARITY
SWBT agrees that local dialing parity shall be available to CLEC.
That is, end users of SWBT and end users of CLEC shall have the
same exchange boundaries, such end users shall be able to dial
the same number of digits when making a "local" call.
PAGE 8 OF 40
2. IntraLATA TOLL DIALING PARITY
SWBT agrees to make IntraLATA toll dialing parity available in
accordance with Section 25(1)(b)(3) of the Telecommunications Act
of 1996.
X. XXXXX PAGE DIRECTORIES: LISTINGS, DISTRIBUTION AND INFORMATION PAGE
1. CLEC's subscribers to basic residential and business service will
receive a basic listing in SWBT's White Pages directories in the
same form and under the same conditions as SWBT provides to its
subscribers.
a. Subscriber listing information on resold lines shall remain
the property of SWBT. Upon receipt of a request from a third
party directory publisher, including Southwestern Bell
Yellow Pages, for subscriber listing information, SWBT will
provide to that third party directory publisher CLEC
subscriber's listing information on an interfiled basis and
indistinguishable from SWBT's subscriber listing
information.
b. Each CLEC subscriber will receive one copy of SWBT's White
Pages directory, and a Yellow Pages directory when cobound
with the White Pages, in the same manner and at the same
time that they are provided to SWBT's subscribers. It is
the Parties' expectation that separately bound Southwestern
Bell Yellow Pages directories will be delivered in the same
manner and at the same time to CLEC's subscribers as to
SWBT's subscribers.
c. If an CLEC end user already has a current SWBT directory,
SWBT shall not be required to deliver a directory to that
end user until new directories are published for that end
user's location.
d. The listings and directories described above are included in
the wholesale price CLEC owes SWBT for resold lines and will
be provided by SWBT at no additional charges.
e. Additional Listing Services (e.g., foreign listings and
signature listing) can be purchased by CLEC for its end
users on a per listing basis. CLEC shall pay SWBT for all
PAGE 9 OF 40
such listings provided to CLECs end users. The discounts
applicable to listing services are contained in Exhibit B.
f. CLEC hereby releases SWBT from any and all liability for
damages due to errors or omissions in CLEC's subscriber
listing information as it appears in the White Pages
directory, including, but not limited to, special, indirect,
consequential, punitive or incidental damages. To the extent
CLEC reimburses its end user subscriber any listing charge
due to errors or omissions caused directly by SWBT, SWBT
shall reimburse CLEC any associated wholesale rate.
2. INFORMATION PAGE
a. At CLEC's request, SWBT shall include in the "Informational
Page section of SWBT's White Pages directory, for those
geographical areas in which CLEC provides local exchange
services, CLEC's customer contact information regarding
emergency services, billing and service information, repair
services and other pertinent information similar to that
provided by SWBT in its "Informational Pages." Such
information shall be included on the same page with other
CLEC information.
b. At CLEC's option, CLEC shall be provided a single
"Informational Page" (one side of one page) in the
informational section of the White Pages directory covering
a geographic area where an CLEC provides local exchange
service. This page shall be no different in style, size,
color and format than SWBT "Informational Pages." Sixty (60)
days prior to the directory close date, CLEC shall provide
to SWBT the "Informational Page" in the form of camera-
ready copy. The charges associated with this service vary
from geographic market to market, and are charged outside
this Agreement
D. DIRECTORY ASSISTANCE (DA)
SWBT shall provide access to DA to CLEC's end users. CLEC shall pay
the charges associated with the use of such services by CLEC's end
users. The discounts applicable TO such services are contained in
Exhibits A and B, which is attached hereto and made a part hereof.
PAGE 10 OF 42
days prior to the directory close date, CLEC shall provide to
SWBT the "Informational Page" in the form of camera-ready copy.
The charges associated with this service vary from geographic
market to market, and are charged outside this Agreement.
D. DIRECTORY ASSISTANCE (DA)
SWBT shall provide access to the same DA services it makes available
to its own end users to CLEC's end users. CLEC shall pay the charges
associated with the use of such services by CLEC's end users. The
discounts applicable to such services are contained in Exhibits A and
B, which is attached hereto and made a part hereof.
E. OPERATOR SERVICES (OS)
1. SWBT shall provide access to Operator Services to CLEC's end
users. CLEC shall pay the charges associated with the use of such
services by CLEC's end users. The discounts applicable to such
services are contained in Exhibits A and B, which are attached
hereto and incorporated by reference.
2. SWBT shall provide Line Status Verification and Busy Line
Interrupt on calls made on SWBT's network to CLEC end users. CLEC
shall pay SWBT associated charges when its end users request such
services, with discounts to apply as listed in Exhibits A and B.
F. PAYPHONE SERVICES
1. CLEC may enter the business of providing local telecommunications
services to payphone service providers (PSPs) for PSPs' use in
providing payphone service. Local telecommunications services
which PSPs use in providing and which are provided to PSPs by
CLEC by means of reselling those of SWBT's services offered
pursuant to the General Exchange Tariff, See. 36 are referred to
in this Agreement as "Payphone Lines". In its Common Carrier
Docket No. 96-128, the Federal Communications Commission ("FCC")
has ordered SWBT to compensate PSP customers of CLECs that resell
SWBT's services for certain calls originated from pay telephones
and received by the resale-based carriers. (IMPLEMENTATION OF THE
PAY TELEPHONE RECLASSIFICATION AND COMPENSATION PROVISIONS OF THE
PAGE 10 OF 40
E. OPERATOR SERVICES (OS)
1. SWBT shall provide access to Operator Services to CLEC's end
users. CLEC shall pay the charges associated with the use of such
services by CLEC's end users. The discounts applicable to such
services are contained in Exhibits A and B, which are attached
hereto and incorporated by reference.
2. SWBT shall provide Line Status Verification and Busy Line
Interrupt on calls made on SWBT's network to CLEC end users. CLEC
shall pay SWBT associated charges when its end users request such
services, with discounts to apply as listed in Exhibits A and B.
F. PAYPHONE SERVICES
1. CLEC may enter the business of providing local telecommunications
services to payphone service providers (PSPs) for PSPs' use in
providing payphone service Local telecommunications services
which PSPs use in providing and which are provided to PSPs by
CLEC by means of reselling those of SWBT's services offered
pursuant to the General Exchange Tariff, Sec. 36 are referred to
in this Agreement as "Payphone Lines". In its Common Carrier
Docket No. 96-128, the Federal Communications Commission ("FCC")
has ordered SWBT to compensate PSP customers of CLECs that resell
SWBT's services for certain calls originated from pay telephones
and received by the resale-based carriers. (IMPLEMENTATION OF THE
PAY TELEPHONE RECLASSIFICATION AND COMPENSATION PROVISIONS OF THE
TELECOMMUNICATIONS ACT OF 1996, FCC Docket No. 96-128, Report and
Order, para. 86 (1996)). This compensation is referred to in
this Agreement as "Payphone Compensation".
2. The Parties desire that SWBT satisfy its obligation to pay
Payphone Compensation to Payphone Service Providers (PSPs) who
are customers of CLEC by paying the Payphone Compensation to the
CLEC who will then forward the Payphone Compensation directly to
the PSPs.
IV. RESPONSIBILITIES OF SWBT
A. SWBT shall allow CLEC to place service orders and receive phone number
assignments (for new lines). These service order activities shall be
accomplished by facsimile or electronic interface when established.
PAGE 11 OF 40
SWBT, with input from CLEC, shall provide interface specifications for
electronic access for these functions to CLEC once such electronic
interfaces become technically feasible and are in place. However, CLEC
shall be responsible for modifying and connecting any of its systems
with SWBT provided interfaces when such interfaces become available,
as outlined in Appendix OSS.
B. SWBT shall implement CLEC service orders within the same time
intervals SWBT uses to implement service orders for similar services
for its own end users.
C. CLEC will have the ability to report trouble for its end users to
appropriate SWBT trouble reporting centers 24 hours a day, 7 days a
week. CLEC will be assigned a customer contact center when initial
service agreements are made. CLEC end users calling SWBT may be
referred to CLEC at the number provided by CLEC. SWBT shall at all
times be responsible for the repair and maintenance of its network.
Nothing herein shall be interpreted to authorize CLEC to repair,
maintain, or in any way touch SWBT's network facilities, including
those on end user premises.
Operational procedures for ordering and trouble reporting are outlined
in SWBT's CLEC Handbook as amended by SWBT from time to time. Both
parties agree to abide by the procedures contained therein.
D. On no less than sixty (60) days advance written notice, CLEC may
request SWBT to make certain usage information available to CLEC on a
daily basis in a standard electronic format. The information will
consist of usage sensitive charges SWBT will bill to CLEC arising out
of the use of resold lines. XXXX agrees to pay SWBT three tenths of a
cent ($.003) per message for this service, plus other charges outlined
in Appendix OSS.
E. Subject to any future order of the FCC which obligates SWBT to pay an
amount different from the following, SWBT will pay Payphone
Compensation due with respect to the Payphone lines in the amount of
$0.284 per call. SWBT will pay to CLEC such Payphone Compensation only
for (i) intraLATA subscriber 800 calls for which SWBT provides the 800
service to the subscriber and carries the call and (ii) intraLATA
calls placed using SWBT's prepaid calling card platform and carried by
SWBT. SWBT will not pay to CLEC any Payphone Compensation for non sent
paid calls.
1. SWBT will pay to CLEC the Payphone Compensation due to CLEC
Customer (PSP) within sixty (60) days after the close of the
calendar quarter in which the call for which Payphone
PAGE 12 OF 40
Compensation is due is made. However, payment may be made later
than sixty (60) days if SWBT deems it necessary to investigate a
call or calls for possible fraud. To the extent to which SWBT's
first payment includes Payphone Compensation for calls made prior
to any calendar quarter which ended thirty (30) days after this
Agreement takes effect and will include as Payphone Compensation
under this Agreement an amount equal to the Payphone Compensation
which would have been due to CLEC under this Agreement this
Agreement taken effect on October 7,1997.
2. SWBT will make any payment due to CLEC under this Agreement by
crediting XXXX'x xxxx for the Payphone Line over which the call
which give rise to the Payphone Compensation is placed. SWBT will
not issue a check to CLEC if the credit for Payphone Compensation
exceeds the balance due to SWBT on the bill.
3. Nothing in this Agreement entitles CLEC to receive or obligates
SWBT to provide any call detail or other call record.
V. ADDITIONAL RESPONSIBILITIES OF THE PARTIES
A. COOPERATION ON FRAUD
SWBT shall not be liable to CLEC for any fraudulent usage on CLEC's
end users' accounts.
The Parties agree to cooperate with one another to investigate, and
take corrective action in cases of fraud. The Parties' fraud on
procedures are to be cost effective and implemented so as not to
unduly burden or harm one Party as compared to the other.
At a minimum, such cooperation shall include providing to the other
Party, upon request, information concerning end users who terminate
services to that Party without paying all outstanding charges, when
such end user seeks service from the other Party. The Party seeking
such information is responsible for securing the. end user's
permission to obtain such information.
B. FILING THE AGREEMENT
Unless otherwise agreed, if the designated Party fails to file the
jointly signed agreement with the Commission within forty-five (45)
days of
PAGE 13 OF 40
both Parties signatures, then the signed agreement is null and no
longer valid. If the contract becomes null, either Party can initiate
negotiations to a new agreement.
VI. CHANGES IN SUBSCRIBER CARRIER SELECTIONS
X. Xxxxx to submitting an order under this Agreement, CLEC shall obtain
end user authorization as required by applicable state or federal laws
and regulations, and assumes responsibility for applicable charges as
specified in Section 258 (b) of the Telecommunications Act of 1996.
SWBT shall abide by the same applicable laws and regulations.
B. Only an end user can initiate a challenge to a change in its local
exchange service provider. If an end user notifies SWBT or CLEC that
the end user requests local exchange service, the Party receiving such
request shall be free to immediately provide service to such end
user, except in those instances where the end user's account is local
PIC protected. It is the responsibility of the end user to provide
express authorization to the current provider of record to remove
local service provider protection before any changes in local exchange
service provider are processed.
SWBT shall be free to connect the end user to any Competitive Local
Exchange Carrier based upon the Competitive Local Exchange Carrier's
request and Competitive Local Exchange Carrier's assurance that proper
end user authorization has been obtained. Both parties shall make
authorization available to the other party upon request and at no
charge.
C. When an end user changes or withdraws authorization, each Party shall
release customer-specific facilities in accordance with the end user
customer's direction or the direction of the end user's authorized
agent. Further, when an end user abandons the premise, SWBT is free
to reclaim the facilities for use by another customer and is free to
issue service orders required to reclaim such facilities.
D. Neither Party shall be obligated by this Agreement to investigate any
allegations of unauthorized changes in local exchange service
(slamming) on behalf of the other Party or a third party. If SWBT, on
behalf of CLEC, agrees to investigate an alleged incidence of
slamming, SWBT shall charge CLEC a fifty dollar ($50) investigation
fee.
E. When SWBT receives an order from CLEC for services under this
Agreement and SWBT is currently providing the same services to another
Competitive Local Exchange Carrier for the same end user, SWBT shall
notify THE END USER'S Competitive Local Exchange Carrier of record of
PAGE 14 OF 40
such order coincident with processing the order should CLEC subscribe
to the Local Disconnect Report (LDR) as outlined below. It shall then
be the responsibility of the Competitive Local Exchange Carrier of
record and CLEC to resolve any issues related to the end user. This
paragraph shall not apply to new additional lines and services
purchased by an end user from multiple CLECs or from SWBT.
F. On no less than sixty (60) days notice, CLEC may request the Local
Disconnect Report. SWBT agrees to furnish to CLEC the Billing
Telephone Number (BTN), Working Telephone Number (WTN), and terminal
number of all end users who have disconnected CLEC's service. CLEC
understands and agrees that the CARE interface will be used to provide
such information and such information will only be available via the
CARE electronic data transmission. Information will be provided on a
per-WTN basis to be priced on a per-WTN basis. SWBT will provide CLEC
no less than thirty (30) days notice prior to any change of the per-
WTN charge. SWBT grants to CLEC a non-exclusive right to use the
information provided by SWBT. CLEC will not permit anyone but its
duly authorized employees or agents to inspect or use this
information. XXXX agrees to pay SWBT ten cents ($0.10) per WTN and
any applicable charges for the LDR as outlined in Appendix OSS.
G. The CLEC agrees to hold harmless and indemnify SWBT against any and
all liability and claims, including reasonable attorney's fees, that
may result from SWBT acting under this Article.
H. Nothing herein shall be interpreted to apply to conversion of CLEC end
users pursuant to Article XII. (TERMINATION OF SERVICE TO CLEC).
VII. ADDITIONAL RESPONSIBILITIES OF CLEC
A. PAYMENT OF RATES AND CHARGES
1. CLEC is solely responsible for the payment of charges for all
services furnished under this Agreement including, but not
limited to, calls originated or accepted at CLEC's location and
its end users' service locations, with the exception of any
retail services provided directly by SWBT to the end user which
SWBT shall be responsible for billing.
Interexchange carried traffic (e.g., sent-paid, information
services and alternate operator services messages) received by
SWBT for billing to resold end-user accounts will be returned as
unbillable and will not be passed on to CLEC for billing. An
unbillable code
PAGE 15 OF 40
returned with those messages to the carrier will indicate that
the messages originated from a resold account and will not be
billed by SWBT.
In accordance with industry standards, IXC PIC selections for
lines resold to CLEC will not be processed from IXCs or end
users, but will only be processed if received from CLEC.
2. SWBT shall not be responsible for the manner in which the use of
resold service, or the associated charges are allocated to others
by CLEC. All applicable rates and charges for such services will
be billed to and shall be the responsibility of CLEC, with the
exception of other retail services provided directly to the end
user by SWBT as described in paragraph 1 above.
3. Compensation for all services shall be paid by CLEC regardless of
CLEC's ability or inability to collect charges from its end user
for such service.
4. If CLEC does not wish to be responsible for collect, third number
billed, toll and information services (e.g., 900) calls, it must
order the appropriate blocking for resold lines under this
Agreement and pay any applicable charges. CLEC acknowledges that
blocking is not available for certain types of calls, including
800 numbers. Where CLEC purchases and maintains the appropriate
toll restriction or blocking for all of its resold end user
lines, then DA/OS, Branding and Rate/Reference Information would
not be required, nor available. It is the responsibility of the
CLEC to order the appropriate toll restriction or blocking on all
of their resold end user lines.
5. XXXX agrees to pay all costs associated with a CLEC name change.
6. DEPOSIT REQUIREMENTS
a. If CLEC has not established a minimum of twelve (12)
consecutive months good credit history with all telephone
company affiliates of SBC Communications, Inc., (i.e., SWBT,
Pacific Bell and Nevada Bell) with which CLEC is doing or
has done business as a local service provider, CLEC shall
remit a cash deposit to SWBT prior to the furnishing of
service under this Agreement. The deposit required by the
previous sentence shall be determined as
PAGE 16 OF 40
follows: (a) if immediately prior to the effective date of
this Agreement, CLEC was not operating as a local service
provider in the state covered by this Agreement, the deposit
shall be in the amount of $17,000; or (b) if immediately
prior to the effective date of this Agreement, CLEC was
operating as a local service provider in the state covered
by this Agreement, the deposit shall be in the amount
calculated using the method set forth in Paragraph 6.f.,
hereof. This cash deposit will be held by SWBT as a
guarantee of payment of charges billed to CLEC. If CLEC has
established a minimum of twelve (12) consecutive months good
credit history with all telephone company affiliates of SBC
Communications, Inc., (i.e., SWBT, Pacific Bell and Nevada
Bell) with which CLEC is doing or has done business as a
local service provider, SWBT shall waive the initial deposit
requirement; provided, however, that the terms and
conditions set forth in Paragraphs 6.b through 6.i shall
continue to apply for the term of this Agreement and any
extension(s) hereof. In determining whether CLEC has
established a minimum of twelve (12) consecutive months good
credit history with each telephone company affiliate of SBC
Communications, Inc. with which CLEC is doing or has done
business, CLEC's payment record for the most recent twelve
(12) months occurring within the two year period immediately
prior to the effective date of this Agreement shall be
considered.
b. Any cash deposit held by SWBT shall be credited to XXXX's
account during the month following the expiration of twelve
(12) months after the cash deposit was remitted so long as
CLEC has not been sent more than one delinquency
notification letter during the most recent twelve (12)
months. For the purposes of this paragraph 6., interest will
be calculated as defined by the applicable state tariff
regulating retail deposits and shall be credited to CLEC's
account on an annual basis.
c. So long as CLEC maintains timely compliance with its payment
obligations, SWBT will not increase the deposit amount
required. If CLEC fails to maintain timely compliance with
its payment obligations, SWBT reserves the right to require
additional deposit(s) in accordance with Paragraphs 6.d.
through 6.i. of this Agreement.
PAGE 17 OF 40
d. If during the first six (6) months of operations under this
Agreement, CLEC has been sent one delinquency notification
letter by SWBT, the deposit amount shall be re-evaluated
based upon CLEC's actual billing totals and shall be
increased if the CLEC's actual billing average for a two
month period exceeds the deposit amount held.
e. Throughout the term of this Agreement and any extension(s)
thereof, any time CLEC has been sent two delinquency
notification letters by SWBT, the deposit amount shall be
re-evaluated based upon CLEC's actual billing totals and
shall be increased if the CLEC's actual billing average for
a two month period exceeds the deposit amount held.
f. Whenever a deposit is re-evaluated as specified in
Paragraphs 6.d. and 6.e., above, such deposit shall be
calculated in an amount equal to the average billing to CLEC
for a two month period plus the amount of any charges which
would be applicable to transfer all then existing resold
service to SWBT in the event of CLEC's disconnection for
non-payment of charges. The most recent three (3) months
billing on all. of CLEC's CBAs shall be used to calculate
CLEC's monthly average.
g. Whenever a deposit is re-evaluated as specified in
Paragraphs 6.d. and 6.e., above, CLEC shall remit the
additional deposit amount to SWBT within thirty (30)
calendar days of receipt of written notification from SWBT
requiring such deposit. If CLEC fails to furnish the required
deposit within thirty (30) calendar days of receipt of
written notice requesting such deposit, SWBT shall begin
the process set forth in Section XII of this Agreement. If
CLEC continues to fail to furnish the required deposit at
the expiration of the fourteen (14) calendar days specified
in Section XII A. of this Agreement, then SWBT shall begin
the procedure(s) set forth in Section XII D., et seq. of
this Agreement.
h. This cash deposit requirement may be satisfied in whole or
in part with an irrevocable bank letter of credit acceptable
to SWBT. No interest shall be paid by SWBT for any portion
of the deposit requirement satisfied by an irrevocable bank
letter of credit.
PAGE 18 OF 40
i. The fact that SWBT holds a cash deposit or irrevocable bank
letter of credit does not relieve CLEC from timely
compliance with its payment obligations under this Agreement
7. CLEC represents and warrants that the only SWBT services which
CLEC will make available to PSPs as Payphone Lines are the
services which SWBT offers pursuant to the Local Exchange
Services Tariff, Section 36.
Except as provided otherwise in this paragraph, CLEC shall pay
the entire amount of the Payphone Compensation due with respect
to a Payphone Line to the PSP who is the CLEC Customer for the
payphone line. CLEC shall make such payment on or before the last
business day of the calendar quarter in which the call for which
the Payphone Compensation is due to the PSP is made. If SWBT pays
any Payphone Compensation to the CLEC later than sixty (60) days
after the close of the calendar quarter in which the call for
which Payphone Compensation is due is made, then CLEC shall pay
the entire amount of such Payphone Compensation to the PSP who is
the CLEC's customer for the Payphone Line within ten (10)
business days after receiving such Payphone Compensation from
SWBT.
CLEC shall indemnify, defend and hold harmless SWBT from and
against any loss, cost, claim, liability, damage or expense
(including reasonable attorney's fees) to any third party,
including PSP, relating to or arising from any of the following:
a. XXXX's failure to comply with all the terms and conditions
of Sec. VII A.7. or
b. Use by a PSP customer of CLEC of any service other than a
Payphone Line to provide pay telephone service or
c. False representation by CLEC.
B. INTERFACES WITH SWBT
CLEC shall be responsible for modifying and connecting any of its
systems with SWBT-provided interfaces as described in this Agreement.
PAGE 19 OF 40
X. REPAIR CONTACT ARRANGEMENTS
CLEC shall be responsible for providing to its end users and to SWBT a
telephone number or numbers that CLEC's end users can use to contact
CLEC in the event of service or repair requests. In the event that
CLEC's end users contact SWBT with regard to such requests, SWBT shall
inform the end user that they should call CLEC and may provide CLEC
contact number.
D. CLEC COMPANY CODE/OPERATING NUMBER (OCN) ALSO KNOWN AS ALTERNATE
EXCHANGE CARRIER NUMBER (AECN)
For the purposes of establishing, provisioning and billing service to
the CLEC, the CLEC is required to provide to SWBT its OCN/AECN for
resale services in any SWBT state, which must be separate and distinct
from the CLEC's state-specific OCN/AECNs for facilities-based business
(interconnection and/or unbundled network elements). CLEC name
associated with specific resale OCN/AECN must be consistent among SWBT
states.
E. SPECIAL SERVICE ARRANGEMENT
For special service arrangements for CLEC not covered under this
Agreement, special charges shall apply as provided in the applicable
corresponding tariffs.
F. DEVELOPMENT OF BRANDING AND CUSTOMIZED ROUTING FOR DIRECTORY
ASSISTANCE AND OPERATOR SERVICES
1. REQUIREMENTS - Pursuant to Section 226 (b) of The
Telecommunications Act of 1996, each provider of Operator
Services is required to:
a. Provide its brand at the beginning of each telephone call
and before the consumer incurs any charge for the call; and
b. Disclose immediately to the consumer, upon request a quote
of its rates or charges for the call.
c. Where SWBT provides CLECs OS and DA services via the same
trunk, both the OS and DA calls will be branded with the
same brand. Since SWBT's DA and 0S utilize the same trunk
group, CLEC will receive the same brand for both DA/OS. Such
branding will be provided pursuant Section 2. below.
PAGE 20 OF 40
2. CALL BRANDING - Except where CLEC purchases and maintains toll
restriction or blocking for all of its resold end user lines, in
compliance with F.1. above, CLEC shall purchase and SWBT shall
provide DA/OS branding in CLEC's name based upon the criteria
outlined below. If CLEC does not purchase and maintain toll
restriction or blocking for all of its resold end user lines,
CLEC acknowledges and agrees to meet its obligations for
branding pursuant to Section 226 (b) of the Telecommunications
Act as described above, and in accordance with the terms,
conditions and prices as set forth in this agreement.
a. CLEC will provide SWBT with written specification of its
company name to be used in creating CLEC specific branding
messages for its DA/OS calls.
b. An initial non-recurring charge applies per load for the
establishment of Call Branding as well as a charge per
subsequent load to change the brand. In addition, a per call
charge applies for every DA/OS call handled by SWBT on
behalf of CLEC when such services are provided in
conjunction with resale services. Prices for Call Branding
are as outlined in Exhibit C, attached hereto and
incorporated herein.
3. RATE/REFERENCE INFORMATION - Except where CLEC purchases and
maintains appropriate toll restriction or blocking for all of its
resold end user lines, CLEC shall purchase and SWBT shall provide
CLEC DA/OS Rate/Reference Information based upon the criteria
outlined below. If CLEC does not purchase and maintain toll
restriction or blocking for all of its resold end user lines,
CLEC acknowledges and agrees to meet its obligations for
branding pursuant to Section 226 (b) of the Telecommunications
Act as described above, and in accordance with the terms,
conditions and prices as set forth in this agreement.
a. CLEC will furnish DA/OS Rate and Reference Information in a
mutually agreed to format or media thirty (30) days in
advance of the date when the DA/OS Services are to be
undertaken.
b. CLEC will inform SWBT, in writing, of any changes to be made
to such Rate/Reference Information ten (10) working days
prior to the effective Rate/Reference change date.
PAGE 21 OF 40
CLEC acknowledges that it is responsible to provide SWBT
updated Rate/Reference Information in advance of when the
Rates/Reference Information are to become effective.
c. In all cases when a SWBT Operator receives a rate request
from a CLEC end user, SWBT will quote the applicable DA/OS
rates as provided by CLEC.
d. An initial non-recurring charge will apply for loading of
CLEC's DA/OS Rate/Reference Information as well as a charge
for each subsequent change to either the CLEC's DA/OS
Services Rate or Reference Information as outlined in
Exhibit C, attached hereto and incorporated herein.
4. CUSTOMIZED ROUTING - Except where CLEC purchases and maintains
appropriate toll restriction or blocking for all of its resold
end user lines, SWBT shall also offer CLEC the opportunity to
customize route DA/OS where technically feasible. XXXX agrees to
pay SWBT appropriate charges associated with customized routing
on an ICB basis.
VIII. NONEXCLUSIVITY
This Agreement is nonexclusive. CLEC acknowledges that SWBT will be
providing the same or similar services to other local services providers
in accordance with negotiated agreements which will be filed with the
appropriate state commission(s). CLEC also acknowledges that SWBT may,
upon end user request, provide any and all of the services provided to
CLEC under this Agreement directly to the end users. SWBT acknowledges
that CLEC may obtain the same or similar services from other local
exchange companies.
IX. SUPPORT SYSTEMS SERVICES
A. SUPPORT SYSTEMS SERVICES
1. TRANSFER OF SERVICE ANNOUNCEMENTS (INTERCEPT)
The Party formerly providing service to an end user shall
provide a Basic Referral announcement, reciprocally and free
of charge on the abandoned telephone number. The announcement
states that the called number has been disconnected or changed
and provides the end user's new telephone number to the extent
that it is listed.
PAGE 22 OF 40
SWBT shall provide an intercept referral on behalf of CLEC to
their end user as indicated on the appropriate service order.
Basic Intercept Referral Announcements are to be provided on
residential numbers for a minimum of thirty (30) days where
facilities exist and the threat of telephone number exhaustion is
not imminent.
Basic Intercept Referral Announcements for a single line business
end user and the primary listed telephone number for Direct
Inward Dial (DID) and "Centrex-type" end users, shall be
available for a minimum of thirty (30) days or for the life of
the white pages directory, whichever is greater. If the threat of
telephone number exhaustion becomes imminent for a particular
central office, the service provider may reissue a disconnected
number prior to the expiration of the directory, but no earlier
than thirty (30) days after the disconnection of the business
telephone number.
2. COORDINATED REPAIR CALLS
SWBT shall be responsible for repairing its own network. However,
CLEC shall maintain telephone numbers where its end user may call
to report instances of trouble.
The Parties shall employ the following procedures for handling
misdirected repair calls:
a. The Parties shall inform their respective end users of the
correct telephone numbers to call to access their respective
repair bureaus.
b. To the extent the correct provider can be determined, each
Party shall refer misdirected repair calls to the proper
provider of local exchange service, at no charge, and shall
provide the end user the contact telephone number provided
by the other party.
In responding to repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use
these repair calls as the basis for internal referrals or to
solicit customers or to market services. Either Party may
respond with accurate information in answering customer
questions.
PAGE 23 OF 40
c. The Parties shall provide each other their respective repair
contact numbers.
d. Notwithstanding anything contained herein to the contrary,
SWBT and CLEC agree that SWBT shall have no obligation to
unbrand or rebrand the uniforms or training of its
customer-contact employees, trucks, vehicles, any customer
premises equipment or other customer-owned facilities or
SWBT's outside plant or network components.
e. Where CLEC requires SWBT personnel to interface directly
with CLEC end user customers in any form of communication
(including, but not limited to, written, face-to-face, by
telephone or electronic transmission of any kind), such SWBT
personnel shall be identified as SWBT employees representing
the customer's provider.
B. NETWORK MANAGEMENT CONTROLS
Each Party shall provide a 24-hour contact number for Network Traffic
Management issues to the other. 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.
C. LAW ENFORCEMENT AND CIVIL PROCESS
SWBT and CLEC shall handle law enforcement requests as follows:
1. INTERCEPT DEVICES
Local and federal law enforcement agencies periodically request
information or assistance from local telephone service providers.
When either Party receives a request associated with an end user
of the other Party, it shall refer such request to the
appropriate Party, unless the request directs the receiving
Party to attach a pen register, trap and trace or form of
intercept on that Party's own facilities, in which case that
Party shall comply with any valid request.
PAGE 24 OF 40
2. SUBPOENAS
If a Party receives a subpoena for information concerning an end user
the Party knows to be an end user of the other Party, it shall refer
the subpoena to the requesting entity with an indication that the
other Party is the responsible company. Provided, however, if the
subpoena requests records for a period of time during which the
receiving Party was -the end user's service provider, the receiving
Party will respond to any valid request.
3. EMERGENCIES
If a Party receives a request from a law enforcement agency to
implement a temporary number change, temporary disconnect or one way
denial of outbound calls for an end user of the other party, the
receiving Party will comply so long as it is a valid emergency
request. In the case of the CLEC, the CLEC shall refer such request to
SWBT and SWBT shall honor such request in accordance with this
paragraph. Neither Party shall be held liable for any claims or
damages arising from compliance with such requests, and the Party
serving the end user agrees to indemnify and hold the other Party
harmless against any and all such claims.
X. CALL TRACE
CLEC end user's activation of Call Trace for a line purchased under this
Agreement, shall be handled by the SWBT Call Trace Center (CTC). SWBT shall
notify CLEC of requests by CLEC's end users to provide the call records to
the proper authorities. Subsequent communication and resolution of the case
with CLEC's end user (whether that end user is the victim or the suspect)
shall be the responsibility of CLEC.
CLEC understands that for services where reports are provided to law
enforcement agencies (e.g., Call Trace) SWBT shall only provide billing
number and address information. CLEC shall provide additional information
necessary for any police investigation.
XI. TAXES
CLEC shall be responsible for all federal, state or local, sales, use,
excise or gross receipts taxes or fees imposed on or with respect to the
services PROVIDED UNDER THIS AGREEMENT INCLUDING THOSE TAXES AND FEES,
IMPOSED ON SWBT. CLEC shall reimburse SWBT for the amount of any such taxes
or fees which SWBT is
PAGE 25 OF 40
required to pay or collect for services provided to CLEC hereunder. To the
extent a sale is claimed to be for resale tax exemption, the CLEC shall
furnish SWBT a proper resale tax exemption certificate as authorized or
required by statute or regulation by the jurisdiction providing said resale
tax exemption. Failure to timely provide said resale tax exemption
certificate will result in no exemption being available to the CLEC until
such time as CLEC presents a valid certificate.
XII. TERMINATION OF SERVICE TO CLEC
A. If CLEC fails to pay when due (within 30 days of the bill date), any
and all charges billed to them under this Agreement, including any
late payment charges (Unpaid Charges) or miscellaneous charges, and
any portion of such charges remain unpaid more than fifteen (15) days
after the due date of such Unpaid Charges, SWBT shall notify CLEC in
writing that in order to avoid having service disconnected, CLEC must
remit all Unpaid Charges to SWBT within fourteen (14) calendar days.
B. If CLEC disputes the billed charges, it shall, within the fourteen
(14) day period provided for above, inform SWBT in writing which
portion of the charges it disputes, including the specific details and
reasons for its dispute; immediately pay to SWBT all undisputed
charges; and pay all disputed charges into an interest bearing escrow
account established by CLEC with a third party escrow agent mutually
agreed upon by the Parties.
C. Disputes hereunder shall be resolved in accordance with the procedures
identified in Article XVII (Dispute Resolution). Failure of CLEC to
pay charges deemed owed to SWBT after conclusion of the Arbitration
shall be grounds for termination under this Article.
D. If any CLEC charges remain unpaid or undisputed twenty-nine (29) days
past the due date, SWBT shall notify CLEC, the Commission and the end
user's IXC(s) of Record in writing, that unless all charges are paid
within sixteen (16) days, CLEC's service shall be disconnected and
its end users shall be switched to SWBT local service. SWBT will also
suspend order acceptance with the exception of disconnects on the same
day that it sends the letter required by the preceding sentence.
E. If any CLEC charges remain unpaid or undisputed forty (40) days past
the due date, CLEC shall, at its sole expense, notify its end users,
the Commission and the end user's of Record that their service may be
disconnected for CLEC's failure to pay Unpaid Charges, and that its
end users must select a new Competitive Local Exchange Carrier within
five (5) days. The notice shall also advise the end user that SWBT
will assume
PAGE 26 OF 40
the end user's account at the end of the five (5) day period should
the end user fail to select a new Competitive Local Exchange Carrier.
F. If any CLEC charges remain unpaid or undisputed forty-five (45) days
past the due date, SWBT shall disconnect CLEC and transfer all CLEC's
end users who have not selected another Competitive Local Exchange
Carrier directly to SWBT's service. These end users shall receive the
same services provided through CLEC at the time of transfer. SWBT
shall inform the Commission and the end user's IXC(s) of Record of the
names of all end users transferred through this process. Applicable
service establishment charges for switching end users from CLEC to
SWBT shall be assessed to CLEC.
G. Within five (5) days of the transfer (50 days past CLEC's due date),
SWBT shall notify all affected end users that because of a CLEC's
failure to pay, their service is now being provided by SWBT. SWBT
shall also notify the end user that they have thirty (30) days to
select a Competitive Local Exchange Carrier, after which time should
the end user not select a CLEC, the end user's service shall be
terminated.
H. SWBT may discontinue service to CLEC upon failure to pay undisputed
charges as provided in this section, and shall have no liability to
CLEC or CLEC end users in the event of such disconnection.
I. If any end user fails to select a Competitive Local Exchange Carrier
within thirty (30) days of the change of providers (80 days past
CLEC's due date), SWBT shall terminate the end user's service. SWBT
shall notify the Commission and the end user's IXC of Record of the
names of all end users whose service has been terminated. The end user
shall be responsible for any and all charges incurred during the
selection period.
J. Nothing herein shall be interpreted to obligate SWBT to continue to
provide service to any such end users. Nothing herein shall. be
interpreted to limit any and all disconnection rights SWBT may have
with regard to such end users.
K. After the letter required by Article XII, Section D has been sent to
CLEC, SWBT shall not accept service orders from CLEC until all unpaid
and undisputed charges have been paid. SWBT shall have the right to
require payment of a deposit calculated in accordance with the
provisions of article VII, Section A, Paragraph 6 of this Agreement
prior to resuming acceptance of service orders from CLEC.
PAGE 27 OF 40
XIII. FORCE MAJEURE
Neither party shall be responsible for delays or failures in performance
resulting from acts or occurrences beyond the reasonable control of such
Party, regardless of whether such delays or failures in performance were
foreseen or foreseeable as of the date of this Agreement, including,
without limitation: fire, explosion, power failure, cable cuts, acts of
God, war, revolution, civil commotion, or acts of public enemies; any law,
order, regulation, ordinance or requirement of any government or legal
body; or labor unrest, including, without limitation, strikes, slowdowns,
picketing or boycotts; or delays caused by the other party or by other
service or equipment vendors; or any other circumstances beyond the Party's
reasonable control. In such event, the Party affected shall, upon giving
prompt notice to the other Party, be excused from such performance on a
day-to-day basis to the extent of such interference (and the other Party
shall likewise be excused from performance of its obligations on a
day-for-day basis to the extent such Party's obligations relate to the
performance so interfered with). The affected party shall use its best
efforts to avoid or remove the cause of nonperformance and both parties
shall proceed to perform with dispatch once the causes are removed or
cease.
XIV. LIMITATION OF LIABILITY
A. With respect to any claim or suit arising out of SWBT's performance
under this Agreement, by a CLEC or any others, for damages arising out
of mistakes, omissions, interruptions, delays or errors, or defects in
transmission occurring in the course of furnishing service hereunder,
SWBT's liability, if any, shall not exceed an amount equivalent to the
proportionate charge to the CLEC for the period of service during
which such mistake, omission, interruption, delay, error, or defect in
transmission or service occurs and continues. In no event shall SWBT
be responsible for any special indirect, consequential or exemplary
damages. Any mistakes, omissions, interruptions, delays, errors, or
defects in transmission or service which are caused or contributed to
by the negligence or willful act of the CLEC or which arise from the
use of CLEC-provided facilities or equipment shall not result in the
imposition of any liability whatsoever upon SWBT.
B. SWBT shall have no liability to the end users of the CLEC for claims
arising from the provision of the CLEC's service to its end users
including, but not limited to, claims for interruption of service,
quality of service or billing disputes, unless such loss is caused by
SWBT's own negligence or intentional misconduct in which case
liability shall be limited as provided in paragraph A, above. In the
case of any loss alleged
PAGE 28 OF 40
or made by an end user of CLEC, CLEC shall defend and indemnify SWBT
against any and all such claims or loss by its end users, unless the
loss was caused by SWBT's sole negligence or intentional misconduct.
C. CLEC hereby releases SWBT and agrees that it shall indemnify SWBT
with regard to any and all liability for damages due to errors or
omissions in CLEC's subscriber listing information (including
erroneous inclusion of nonpublished or nonlisted subscriber listing
information) as such information is submitted by CLEC, and for
inclusion in the White Pages directory including, but not limited to,
special, indirect, consequential, punitive or incidental damages.
X. XXXX agrees to indemnify, defend and hold harmless SWBT from any Loss
arising out of SWBT's provision of 911 services or out of CLEC's end
users' use of the 911 service, whether suffered, made, instituted, or
asserted by CLEC or its end users, including for any personal injury
or death of any person or persons, except for Loss which is the direct
result of SWBT's own negligence or willful misconduct.
E. CLEC shall indemnify and hold SWBT harmless from all claims and
damages arising from the discontinuance of service for nonpayment to
SWBT by the CLEC. Notice of discontinuance shall be as specified in
the Substantive Rules of the State Commission.
F. When the lines or services of other companies and carriers are used
in providing service or establishing connections to and/or from points
not reached by SWBT's lines, SWBT is not liable for any act or
omission of the other companies or carriers.
G. CLEC shall be responsible for any and damage to SWBT equipment or
facilities caused by CLEC's own actions.
XV. NONDISCLOSURE
The Parties to this Agreement anticipate and recognize that they will
exchange or come into possession of, data about each other's end users and
each other's business as a result of this Agreement which will be
designated as confidential by that Party. Each Party agrees (1) to treat
all such data as strictly confidential and (2) to use such data only for
purposes of performance under this Agreement. Each Party agrees not to
disclose data on the other Party's end users or business which has been
designated as confidential to any person without first securing the written
consent of the other Party. The foregoing shall not apply to information
which is in the public domain.
PAGE 29 OF 40
If a court or governmental agency orders, or a third party requests, a
Party to disclose or to provide any data or information covered by this
Section, that Party will immediately inform the other Party of the order or
request both by telephone and overnighted mail before disclosing the data
or information. Notification and consent requirements described above are
not applicable in cases where a court order requires the production of toll
billing records of an individual residence or business end user customer.
This section will not preclude the disclosure by the Parties of information
or material described in this Section to consultants, agents, or attorneys
representing the respective Parties or the Office of the Public Counsel for
the state of Texas, and state Public Utility Commission or staffs, or FCC
Staff, provided that these third parties are bound by the same or
comparable confidentiality requirements as the Parties to this Agreement.
The provisions of this Section will remain in effect notwithstanding the
termination of this Agreement, unless agreed to in writing by both Parties.
Pursuant to Section 222 of the Act, both Parties agree to limit their use
of proprietary information received from the other to the permitted
purposes identified in the Act.
XVI. PUBLICITY
The Parties agree not to use in any advertising or sales promotion, press
releases or other publicity matters any endorsements, direct or indirect
quotes, or pictures implying endorsement by the other Party or any of its
employees without such Party's prior written approval. The Parties will
submit to each other for written approval, prior to publication, all
publicity matters that mention or display one another's name and/or marks
or contain language from which a connection to said name and/or marks may
be inferred or implied.
XVII. ASSIGNMENT
Neither Party may assign, subcontract, or otherwise transfer its rights or
obligations under this Agreement except under such terms and conditions as
are mutually acceptable to the other Party (e.g., a conversion charge will
apply per billable telephone number) and with such Party's prior written
consent, which consent shall not be unreasonably withheld. Assignment
without consent shall be grounds for immediate termination of this
Agreement.
PAGE 30 OF 40
XVIII. DISPUTE RESOLUTION
A. FINALITY OF DISPUTES
1. Except as otherwise specifically provided for in this Agreement,
no claims will be brought for disputes arising from this
Agreement more than 24 months from the date the occurrence which
gives rise to the dispute is discovered or reasonably should have
been discovered with the exercise of due care and attention.
B. ALTERNATIVE TO LITIGATION
1. The Parties desire to resolve disputes arising out of this
Agreement without litigation. Accordingly, the Parties agree to
use the following Dispute Resolution procedure with respect to
any controversy or claim arising out of or relating to this
Agreement or its breach.
C. COMMENCING DISPUTE RESOLUTION
1. Dispute Resolution shall commence upon the sending from one Party
to the other of written notice of a controversy or claim arising
out of or relating to this Agreement or its breach. No Party may
pursue any claim unless such written notice has first been given
to the other Party.
D. INFORMAL RESOLUTION OF DISPUTES
1. When such written notice has been given, as required by Section
C, Commencing Dispute Resolution, each Party will appoint a
knowledgeable, responsible representative to meet and negotiate
in good faith to resolve any dispute arising under this Agreement
The location, form, frequency, duration, and conclusion of these
discussions will 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 the correspondence
among the representatives for purposes of settlement are exempt
from discovery and production and will not be admissible in the
arbitration described below or in any lawsuit without the
concurrence of both parties. Documents identified in or provided
with such communications, which are not prepared for purposes of
the negotiations, are not so exempted and, if otherwise
admissible, may be admitted in evidence in the arbitration or
lawsuit.
PAGE 31 OF 40
E. FORMAL DISPUTE RESOLUTION
1. If the Parties are unable to resolve the dispute through the
informal procedure described above in Section D, Informal
Resolution of Disputes, then either Party may invoke the
following formal Dispute Resolution procedures. Unless agreed
upon by the Parties, formal dispute resolution procedures
described below, including arbitration or other procedures as
appropriate, may be invoked not earlier than sixty (60) days
after the date of the letter initiating dispute resolution under
Section C, Commencing Dispute Resolution.
2. CLAIMS SUBJECT TO MANDATORY ARBITRATION. The following claims, if
not settled through informal dispute resolution, will be subject
to mandatory arbitration pursuant to Section F, Arbitration
below:
a. All unresolved billing disputes involving one (1) percent or
less of the amounts charged to CLEC by SWBT under this
Agreement during the Contract Year in which the dispute
arises. During the first Contract Year the Parties will
annualize the initial months up to one year.
b. All other claims involving one (1) percent or less of the
amounts charged to CLEC by SWBT under this Agreement during
the Contract Year in which the matter in dispute arises,
whether measured by the disputing Party in terms of actual
amounts owed or owing, or as amounts representing its
business or other risks or obligations relating to the
matter in dispute. During the first Contract Year the
Parties will annualize the initial months up to one year.
3. CLAIMS SUBJECT TO ELECTIVE ARBITRATION. The following claims will
be subject to arbitration pursuant to Section F, Arbitration if
and only if, the claim is not settled through informal dispute
resolution and both parties agree to arbitration. If both parties
do not agree to arbitration, then either party may proceed with
any remedy available to it pursuant to law, equity or agency
mechanism.
a. All unresolved billing disputes involving more than one (1)
percent of the amounts charged to CLEC by SWBT under this
Agreement during the Contract Year in which the matter in
dispute arises, whether measured by the disputing Party in
terms of actual amounts owed or owning, or as
PAGE 32 OF 40
amounts representing its business or other risks or
obligation relating to the matter in dispute. During the
first Contract Year the Parties will annualize the initial
months up to one year.
b. All other claims involving more than one (1) percent of the
amounts charged to CLEC by SWBT under this Agreement during
the Contract Year in which the matter in dispute arises,
whether measured by the disputing Party in terms of actual
amounts owed or owing, or as amounts representing its
business or other risks or obligations relating to the
matter in dispute. During the first Contract Year the
Parties will annualize the initial months up to one year.
4. CLAIMS NOT SUBJECT TO ARBITRATION If the following claims are not
resolved through informal dispute resolution, they will not be
subject to arbitration and must be resolved through any remedy
available to a Party pursuant to law, equity or agency mechanism.
a. Actions seeking a temporary restraining order or an
injunction related to the purposes of this Agreement.
b. Actions to compel compliance with the Dispute Resolution
process.
c. All claims arising under federal or state statute(s),
including, but not limited to, antitrust claims.
F. ARBITRATION
1. Disputes subject to mandatory or elective arbitration under the
provisions of this Agreement will be submitted to a single
arbitrator pursuant to the Commercial Arbitration Rules of the
American Arbitration Association or pursuant to such other
provider of arbitration services or rules as the Parties may
agree. Each arbitration will be held in Dallas, Texas, unless the
parties agree otherwise. The arbitration hearing will be
requested to commence within sixty (60) days of the demand for
arbitration. The arbitrator will control the scheduling so as to
process the matter expeditiously. The Parties may submit written
briefs upon a schedule determined by the arbitrator. The Parties
will request that the arbitrator rule on the dispute by issuing a
written opinion within thirty (30) days after the close of
hearings. The Federal Arbitration Act, 9 U.S.C. Secs. 1-16, not
state law, shall govern the
PAGE 33 OF 40
arbitrability of all disputes. The arbitrator will have no
authority to award punitive damages, exemplary damages,
consequential damages, multiple damages, or any other damages not
measured by the prevailing party's actual damages, and may not in
any event make any ruling, finding or award that does not conform
to the terms and conditions of the Agreement. The arbitrator
shall be knowledgeable of telecommunications issues. The times
specified in this Section may be extended or shortened upon
mutual agreement of the Parties or by the arbitrator upon a
showing of good cause. Each Party will bear its own costs of
these procedures, including attorneys' fees. The Parties will
equally split the fees of the arbitration and the arbitrator. The
arbitrator's award shall be final and binding and may be entered
in any court having jurisdiction thereof. Judgment upon the award
rendered by the arbitrator may be entered in any court having
jurisdiction.
X. XXXXXXX DISPUTES
1. The following provisions apply specifically to billing disputes.
a. The Parties agree that all bills, including bills disputed
in whole or in part, are to be paid when due, that interest
applies to all overdue invoices as set forth in the
applicable provisions of this Agreement, and that no other
late payment fee or charge applies to overdue invoices. The
Parties further agree that if any billing dispute is
resolved in favor of the disputing Party the disputing Party
will receive, by crediting or otherwise, interest applied to
the disputed amount as set forth in the applicable
provisions of this Agreement.
b. To the extent that any other portions of this Agreement
provide for a bill closure process between the parties, or
if such a process is mutually agreed to by the Parties, the
procedures involved in such processes will not be deemed to
place a particular billing item in dispute for purposes of
Section XVIII, Dispute Resolution.
c. Each Party agrees to notify the other Party of a billing
dispute and may invoke the- informal dispute resolution
process described in Section D, Informal Resolution of
Disputes. The parties will endeavor to resolve the dispute
within sixty (60) calendar days of the Bill Date on which
such disputed charges appear, or, if the charges have been
PAGE 34 OF 40
subject to the bill closure process described in Section E,
Formal Dispute Resolution, above, within sixty (60) calendar
days of the closure of the billing period covered by such
bill closure process.
H. NO CONFLICT
1. The Dispute Resolution procedures set forth in this Agreement are
not intended to conflict with applicable requirements of the Act
or the state commission with regard to procedures for the
resolution of disputes arising out of this Agreement.
XIX. VERIFICATION REVIEWS
Each Party to this Agreement will be responsible for the accuracy and
quality of its data as submitted to the respective Parties involved. Upon
reasonable written notice, each Party or its authorized representative
(providing such authorized representative does not have a conflict of
interest related to other matters before one of the Parties) shall have the
right to conduct a review and verification of the other Party to give
assurances of compliance with the provisions of this Agreement. This
includes on-site verification reviews at the other Party's or the Party's
vendor locations.
After the initial year of this Agreement verification reviews will
normally be conducted on an annual basis with provision for staged reviews,
as mutually agreed, so that all subject matters are not required to be
reviewed at the same time. Follow up reviews will be permitted between
annual reviews where significant deviations are found. During the initial
year of the Agreement more frequent reviews may occur.
The review will consist of an examination and verification of data
involving records, systems, procedures and other information related to the
services performed by either Party as related to settlement charges or
payments made in connection with this Agreement as determined by either
Party to be reasonably required. Each Party, whether or not in connection
with an on-site verification review, shall maintain reasonable records for
a period of time no less than twenty-four (24) months from the date such
records are created and provide the other Party with reasonable access to
such information as is necessary to determine amounts receivable or payable
under this Agreement.
Each Party's right to access information for verification review purposes
is limited to data not in excess of 24 months in age. Once specific data
has been reviewed and verified, it is unavailable for future reviews. Any
items not reconciled at the end of a review will, however, be subject to a
follow-up review effort. Any
PAGE 35 OF 40
retroactive adjustments required subsequent to previously reviewed and
verified data will also be subject to follow-up review. Information of
either Party involved with a verification review shall be subject to the
nondisclosure terms of this Agreement.
The Party requesting a verification review shall fully bear its costs
associated with conducting the review. The Party being reviewed will
provide access to required information, as outlined in this Section, at no
charge to the reviewing Party. Should the reviewing Party request
information or assistance beyond that reasonably required to conduct such a
review, the Party being reviewed may, as its option, decline to comply with
such request or may bill actual costs incurred in complying subsequent to
the concurrence of reviewing Party.
XX. COMPLIANCE WITH LAWS
The Parties believe in good faith that the Services to be provided under
this Agreement satisfy the requirements of the Act In the event a court or
regulatory agency of competent jurisdiction should determine that
modifications of this Agreement are required to bring the Services being
provided hereunder into compliance with the Act, the affected Party shall
promptly give the other Party written notice of the modifications deemed
required. Upon delivery of such notice, the Parties shall expend diligent
efforts to arrive at an agreement respecting such modifications required,
and if the Parties are unable to arrive at such agreement, either Party may
terminate this Agreement, without penalty, effective the day the affected
Party is ordered to implement the modifications deemed required, or
effective on the day either Party concludes and gives notice that the
Parties will not be able to arrive at any agreement respecting such
modifications, whichever date shall occur earlier.
This Agreement is an integrated package that reflects a balancing of
interests critical to the Parties. It will be submitted to the applicable
state regulatory Commission and the FCC as a compliance filing, and the
Parties will specifically request that the applicable state regulatory
Commission and the FCC refrain from taking any action to change, suspend or
otherwise delay implementation of the Agreement. In the event the
Commission or the FCC rejects any portion or provision of this Agreement or
subsequently issues a ruling or order that results in a provision being
contrary to law, or is invalid for any reason, the parties shall continue
to be bound by the terms of this Agreement, insofar as possible, except for
the portion rejected or subsequently determined to be unlawful, invalid, or
unenforceable. In such event, the Parties shall negotiate in good faith to
replace the rejected, unlawful, invalid, or unenforceable provision and
shall not discontinue service to the other Party during such period if to
do so would disrupt existing service being provided to an end user. So long
as the Agreement remains in effect, the Parties shall not advocate before
any legislative, regulatory, or other
PAGE 36 OF 40
public forum that any terms of this specific Agreement be modified or
eliminated. Notwithstanding this mutual commitment, however, the Parties
enter into this Agreement without prejudice to any positions they have
taken previously, or may take in the future in any legislative,
regulatory, or other public forum addressing any matters, including
matters related to the types of arrangements prescribed by this
Agreement.
XXI. CERTIFICATION REQUIREMENTS
CLEC warrants that it has obtained all certifications required in those
jurisdictions in which CLEC has ordered services pursuant to this
Agreement. Subject to restrictions in Article II.A. (Permitted Use of
Resold Service by CLEC and Its End Users), CLEC covenants that any
originating service provider utilizing the resold services under this
Agreement has obtained all required certification.
Upon request by any governmental entity, the CLEC is required to provide
proof of certification.
XXII. INTENTIONALLY LEFT BLANK
XXIII. NOTIFICATION
SWBT will notify CLEC of any changes in the prices, terms and conditions
under which SWBT offers telecommunications services at retail to
subscribers who are not telecommunications service providers or carriers,
including, but not limited to, the introduction of any new features,
functions, services, promotions, grandfathering or the discontinuance of
current features or services at the time a tariff filing is transmitted
to the State Commission, or, in situations where a tariff filing is not
so transmitted, within ninety (90) days (forty-five (45) days for price
changes) of the expected effective date of such change.
With regard to new services, the notification shall advise CLEC of the
category in which such new service shall be placed and the discount
applicable to the new service.
SWBT currently uses the Accessible Letter process to notify CLEC of such
changes to the services available for resale. Any change to the process
of notification to the CLEC will provide no less notice than the current
Accessible Letter process.
XXIV. NOTICES
In the event any notices are required to be sent under the terms of this
Agreement, they may be sent by registered mail and are deemed to have
been
PAGE 37 OF 40
given on the date received. Notice may also be effected by personal
delivery or by overnight courier, and will be effective upon receipt.
Notice may also be provided by facsimile, which will be effective on the
next business day following the date of transmission; provided, however,
notices to a Party's 24-hour maintenance contact number will be by
telephone and/or facsimile and will be deemed to have been received on the
date transmitted. The Parties will provide the appropriate telephone and
facsimile numbers to each other.
Unless otherwise specifically provided in this Agreement, notice will be
directed as follows:
To CLEC: To SWBT:
xxxxxxxxx.xxx Contract Administration
Xxxx Xxxxx, Vice President ATTN: Contract Management
Of Business Development, Four Bell Plaza, 9th Floor
Telecom Services 000 X. Xxxxx Xx.
0 Xxxxxxxxxx Xxxxx Xx., 0xx Xxxxx Xxxxxx, XX 00000-0000
Xxxxxxxxxx, XX X0000
Either Party may unilaterally change its designated representative,
address, telephone contact number and/or facsimile number for the receipt
of notices by giving written notice to the other Party in compliance with
this Section. Any notice to change the designated representative, address,
telephone contact and/or facsimile number for the receipt of notices shall
be deemed effective ten (10) days following receipt by the other Party.
XXV. BENEFICIARIES
This Agreement shall not provide any nonparty with any remedy, claim, cause
of action or other right.
XXVI. TERM
SWBT and CLEC agree that the initial term of this Agreement shall commence
upon approval of this Agreement by the Public Utility Commission of Texas
and shall expire on October 12, 2000. Following expiration of the initial
term, the Agreement shall renew for additional terms of one (1) year unless
and until terminated as provided herein. Either Party may terminate this
Agreement by providing written notice of termination to the other Party, at
least 60 days in advance of the date of proposed termination. Upon the
termination date, if CLEC has not made arrangements to provide service to
its end users over its own or alternative facilities, SWBT shall invoke the
notification and transfer of
PAGE 38 OF 40
end user procedures outlined in Article XII. D. and F. (Termination of
service to CLEC).
XXVII. EFFECTIVE DATE
The effective date of this Agreement shall be ten (10) days after the
date that the appropriate state regulatory Commission approves this
Agreement.
XXVIII. WAIVER
The failure of either Party to enforce or insist that the other party
comply with any of the terms or conditions of this Agreement, or the
waiver by either Party in a particular instance of any of the terms and
conditions of this Agreement, shall not be construed as a general
waiver or relinquishment of the terms and conditions, but the Agreement
shall be and remain at all times in full force and effect.
XXIX. DISCLAIMER OF WARRANTIES
SWBT MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR
FITNESS FOR INTENDED OR PARTICULAR PURPOSE WITH RESPECT TO SERVICES
PROVIDED HEREUNDER. ADDITIONALLY, SWBT ASSUMES NO RESPONSIBILITY WITH
REGARD TO THE CORRECTNESS OF DATA OR INFORMATION SUPPLIED BY CLEC WHEN
THIS DATA OR INFORMATION IS ACCESSED AND USED BY A THIRD PARTY.
XXX. RELATIONSHIP OF THE PARTIES
This Agreement shall not establish, be interpreted as establishing, or
be used by either Party to establish or to represent their relationship
as any form of agency, partnership or joint venture. Neither Party
shall have any authority to bind the other or to act as an agent for
the other unless written authority, separate from this Agreement, is
provided. Nothing in the Agreement shall be construed as providing for
the sharing of profits or losses arising out of the efforts of either
or both of the Parties. Nothing herein shall be construed as making
either Party responsible or liable for the obligations and undertakings
of the other Party.
XXXI. INTERVENING LAW AND PRESERVATION OF RIGHTS
This Agreement is entered into as a result of both private negotiation
between the Parties and the incorporation of some of the results of
arbitration by the Public Utility Commission of Texas. If the actions
of the State of Texas or federal legislative bodies, courts, or
regulatory agencies of competent jurisdiction
PAGE 39 OF 40
invalidate, modify, or stay the enforcement of laws or regulations
that were the basis or rationale for a provision of the contract,
the affected provision shall be invalidated, modified, or stayed,
consistent with the action of the legislative body, court, or
regulatory agency upon the written request of either party. In such
event, the Parties shall expend diligent efforts to arrive at an
agreement respecting the appropriate modifications to the Agreement.
If negotiations fail, disputes between the Parties concerning the
interpretation of the actions required or provisions affected by
such governmental actions shall be resolved pursuant to the dispute
resolution process provided for in this Agreement. Without limiting
the general applicability of the foregoing, the Parties acknowledge
that on January 25, 1999, the United States Supreme Court issued its
opinion in AT&T CORP. V. IOWA UTILITIES BD, 119 S. Ct. 721 (1999)
and on June 1, 1999, the United States Supreme Court issued its
opinion in AMERITECH V. FCC, NO. 98-1381, 1999 WL 116994, 1999 LEXIS
3671 (1999). The Parties further acknowledge and agree that by
executing this Agreement, neither Party waives any of its rights,
remedies, or arguments with respect to such decisions and any remand
thereof, including its rights under this paragraph.
XXXII. COMPLETE TERMS
This Agreement, together with its exhibits constitutes the entire
agreement between the Parties and supersedes all prior discussions,
representations or oral understandings reached between the Parties.
The corresponding tariffs and this Agreement (including the exhibits)
contain all of the applicable rates and charges to be paid by the
CLEC to SWBT in connection with SWBT's provision of
telecommunications service to CLEC for Resale to its end user
customers.
Neither Party shall be bound by any amendment, modification or
additional terms unless it is reduced to writing signed by an
authorized representative of the Party sought to be bound.
By their signatures in the space provided below, CLEC and SWBT
indicate their acceptance of this Agreement. This agreement shall
not bind CLEC and SWBT until executed by both Parties. This
Agreement will be governed by and interpreted in accordance with the
laws of the State of Texas.
PAGE 40 OF 40
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT.
xxxxxxxxx.xxx SOUTHWESTERN BELL TELEPHONE
AECN/OCN: COMPANY
---------
/s/ Xxxxx Xxxxxxx President
-------------------------------- -----------------------------------
Signature, Signature
Xxxxx Xxxxxxx
-------------------------------- -----------------------------------
Printed Name Printed Name
President President - Industry Markets
-------------------------------- -----------------------------------
Position/Title Position/Title
27 Sept. 1999
-------------------------------- -----------------------------------
Date Date
PAGE 1 OF 6
EXHIBIT A
SOUTHWESTERN XXXX'X RESALE TELECOMMUNICATIONS SERVICES* LIST - BUSINESS
TEXAS
RESALE DISCOUNTS
RECURRING NON-RECURRING
LOCAL EXCHANGE SERVICE
Business 1 Party 21.6% 21.6%
Business - Multi-Line Hunting 21.6% 21.6%
Business - Measured 21.6% 21.6%
Business - Measured (HTG Class of Service) 21.6% 21.6%
Customer Operated Pay Telephone (COPT) 21.6% 21.6%
EXPANDED LOCAL CALLING
EMS - Optional 21.6% 21.6%
Expanded Local Calling (Mandatory) 21.6% 21.6%
Extended Area Calling Service - Optional 21.6% 21.6%
Mandatory EACS - Hotel/Motel Measured Trunk 21.6% 21.6%
Mandatory EACS - Multi-Line Hunting 21.6% 21.6%
Mandatory EACS - One element measured, 1-party 21.6% 21.6%
Mandatory EACS - PBX Trunk 21.6% 21.6%
Mandatory Extended Area Calling Service (EACS)- 1 21.6% 21.6%
Party
VERTICAL SERVICES
Anonymous Call Rejection 21.6% 21.6%
Auto Redial 21.6% 21.6%
Auto Redial - Usage Sensitive 21.6% 21.6%
Call Blocker 21.6% 21.6%
Call Forwarding 21.6% 21.6%
Call Forwarding - Busy Line 21.6% 21.6%
Call Forwarding - Busy Line/Don't Answer 21.6% 21.6%
Call Forwarding - Don't Answer 21.6% 21.6%
Call Return 21.6% 21.6%
Call Return - Usage Sensitive 21.6% 21.6%
Call Trace 21.6% 21.6%
Call Waiting 21.6% 21.6%
Calling Name 21.6% 21.6%
Calling Number 21.6% 21.6%
*Some Services are not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 2 OF 6
RESALE DISCOUNTS
RECURRING NON-RECURRING
VERTICAL SERVICES (CONT.)
ComCall -Registered Trademark- 21.6% 21.6%
Personalized Ring (1 dependent number) 21.6% 21.6%
Personalized Ring (2 dependent numbers - 1st 21.6% 21.6%
number)
Personalized Ring (2 dependent numbers - 2nd 21.6% 21.6%
number)
Priority Call 21.6% 21.6%
Remote Access to Call Forwarding 21.6% 21.6%
Selective Call Forwarding 21.6% 21.6%
Simultaneous Call Forwarding 21.6% 21.6%
Speed Calling 8 21.6% 21.6%
Speed Calling 30 21.6% 21.6%
Three Way Calling 21.6% 21.6%
DID
DID (First Block of 100 - Category 1) 21.6% 21.6%
DID (First Block of 10 - Category 1) 21.6% 21.6%
DID (Ea. adl. block of 10 after first 10 - Category 1) 21.6% 21.6%
DID (Ea. adl. block of 100 after first 100 - Category 2) 21.6% 21.6%
DID (Ea. adl. block of 10 assigned over 1st 100 - 21.6% 21.6%
Category 2)
DID (with dial pulse) 21.6% 21.6%
DID (with Multifrequency) 21.6% 21.6%
DID (with Dual-Tone Multifrequency) 21.6% 21.6%
DID (1 st 10 Trunks or access lines) 21.6% 21.6%
DID (11 th thru 50th trunk or network access line) 21.6% 21.6%
DID (51st trunk or network access line) 21.6% 21.6%
TRUNKS
Trunk 21.6% 21.6%
AIN
Area Wide Networking 21.6% 21.6%
Caller Intellidata -Registered Trademark- 21.6% 21.6%
Disaster Routing Service 21.6% 21.6%
Intelligent Redirect -SM- 21.6% 21.6%
IntelliNumber 21.6% 21.6%
Positive ID 21.6% 21.6%
*Some Services are not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 3 OF 6
RESALE DISCOUNTS
RECURRING NON-RECURRING
OTHER
Customer Alerting Enablement 21.6% 21.6%
Grandfathered Services 21.6% 21.6%
Hot Line 21.6% 21.6%
Hunting 21.6% 21.6%
Local Operator Assistance Service 21.6% 21.6%
Night Number associated with Telephone Number 21.6% 21.6%
Night Number associated with a Terminal 21.6% 21.6%
Bundled Telecommunications Services (e.g., the 21.6% 21.6%
Works)
Promotions (Greater than 90 days) 21.6% 21.6%
Telebranch -Registered Trademark- 21.6% 21.6%
TouchTone (Business) 21.6% 21.6%
TouchTone (Trunk) 21.6% 21.6%
Voice Dial 21.6% 21.6%
Warm Line 21.6% 21.6%
ISDN
Digiline -SM- 21.6% 21.6%
Select Video Plus -Registered Trademark- 21.6% 21.6%
Smart Trunk -SM- 21.6% 21.6%
DIRECTORY ASSISTANCE SERVICES 21.6% 21.6%
TOLL
IntraLATA MTS 21.6% 21.6%
MaxiMizer 800 -Registered Trademark- 21.6% 21.6%
OutWATS 21.6% 21.6%
OPTIONAL TOLL CALLING PLANS
1+SAVER -SM- 21.6% 21.6%
PLEXAR -Registered Trademark-
Plexar I -Registered Trademark- 21.6% 21.6%
Plexar II -Registered Trademark- 21.6% 21.6%
Plexar Custom 21.6% 21.6%
*Some Services are not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 4 OF 6
RESALE DISCOUNTS
RECURRING NON-RECURRING
PRIVATE LINE
Analog Private Lines 21.6% 21.6%
Business Video Service 21.6% 21.6%
DOVLink 21.6% 21.6%
Frame Relay 21.6% 21.6%
MegaLink I -Registered Trademark- 21.6% 21.6%
MegaLink II -Registered Trademark- 21.6% 21.6%
MegaLink III -Registered Trademark- 21.6% 21.6%
MicroLink I -Registered Trademark- 21.6% 21.6%
Network Reconfiguration Service 21.6% 21.6%
*Some Services are not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 5 OF 6
SOUTHWESTERN XXXX'X RESALE TELECOMMUNICATIONS SERVICES* LIST - RESIDENCE
TEXAS
RESALE DISCOUNTS
RECURRING NON-RECURRING
LOCAL EXCHANGE SERVICE
Life Line and Link Up America Services 21.6% 21.6%
Residence 1 Party 21.6% 21.6%
Residence Measured 21.6% 21.6%
EXPANDED LOCAL CALLING
Expanded Local Calling (Mandatory) 21.6% 21.6%
Mandatory Extended Area Calling Service (EACS)- 1 Party 21.6% 21.6%
Mandatory EACS - One element measured, 1 Party 21.6% 21.6%
EMS - Optional 21.6% 21.6%
Extended Area Calling Service - Optional 21.6% 21.6%
VERTICAL SERVICES
Anonymous Call Rejection 21.6% 21.6%
Auto Redial 21.6% 21.6%
Auto Redial - Usage Sensitive 21.6% 21.6%
Call Blocker 21.6% 21.6%
Call Forwarding 21.6% 21.6%
Call Forwarding - Busy Line 21.6% 21.6%
Call Forwarding - Busy Line/Don't Answer 21.6% 21.6%
Call Forwarding - Don't Answer 21.6% 21.6%
Call Return 21.6% 21.6%
Call Return - Usage Sensitive 21.6% 21.6%
Call Trace 21.6% 21.6%
Call Waiting 21.6% 21.6%
Calling Name 21.6% 21.6%
Calling Number 21.6% 21.6%
ComCall -Registered Trademark- 21.6% 21.6%
Personalized Ring (1 dependent number) 21.6% 21.6%
Personalized Ring (2 dependent numbers - 1st number) 21.6% 21.6%
Personalized Ring (2 dependent numbers - 2nd number) 21.6% 21.6%
Priority Call 21.6% 21.6%
Remote Access to Call Forwarding 21.6% 21.6%
Selective Call Forwarding 21.6% 21.6%
Simultaneous Call Forwarding 21.6% 21.6%
*Some Services are not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 6 OF 6
RESALE DISCOUNTS
RECURRING NON-RECURRING
VERTICAL SERVICES (cont.)
Speed Calling 8 21.6% 21.6%
Three Way Calling 21.6% 21.6%
DIRECTORY ASSISTANCE SERVICES 21.6% 21.6%
ISDN
Digiline-SM- 21.6% 21.6%
OTHER
Customer Alerting Enablement 21.6% 21.6%
Grandfathered Services 21.6% 21.6%
Hot Line 21.6% 21.6%
Local Operator Assistance Service 21.6% 21.6%
Bundled Telecommunications Services (e.g., the 21.6% 21.6%
Works)
Promotions (Greater than 90 days) 21.6% 21.6%
Preferred Number Service 21.6% 21.6%
TouchTone 21.6% 21.6%
Voice Dial 21.6% 21.6%
Warm Line 21.6% 21.6%
TOLL
Home 800-SM- 21.6% 21.6%
IntraLATA MTS 21.6% 21.6%
*Some Services are not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 1 OF 1
EXHIBIT B
SOUTHWESTERN XXXX'X RESALE OTHER SERVICES* LIST
TEXAS
RESALE DISCOUNTS
RECURRING NON-RECURRING
--------- -------------
900/976 Call Restriction 21.6% 21.6%
976 Information Delivery Service 0% 0%
Access Services 0% 0%
Additional Directory Listings 21.6% 21.6%
Bill Plus 5% 5%
Cellular Mobile Telephone Interconnection Services 0% 0%
Company Initiated Suspension Service 0% 0%
Connections with Terminal Equipment and 0% 0%
Communications Equipment
Consolidated Billing 5% 5%
Construction Charges 0% 0%
Customer Initiated Suspension Service 0% 0%
Distance Learning 21.6% 21.6%
Exchange Connection Service 0% 0%
Maintenance of Service Charges 0% 0%
Shared Tenant Service 0% 0%
Telecommunications Service Priority Systems 0% 0%
Toll Restriction 21.6% 21.6%
*Some Services not available in all Areas.
Resale products available subject to state and federal rules, regulations and
tariffs.
PAGE 1 OF 1
EXHIBIT C
APPENDIX RESALE
TEXAS
OS/DA PRICING - BRANDING, RATE & REFERENCE
The following rates will apply for each service element:
--------------------------------------------------------------------------
A. CALL BRANDING
An initial non-recurring charge applies per TOPS switch, per
brand for the establishment of CLEC specific Call Branding.
A Per Call charge also applies. When there are subsequent
changes to the branding announcement, an additional non-
recurring charge will also apply per TOPS, per brand, for
each change.
Rate per initial load group $1,081.00
Rate per load for Brand change $1,081.00
Per Call $0.0312
--------------------------------------------------------------------------
B. DIRECTORY ASSISTANCE RATE/REFERENCE
INFORMATION
An initial non-recurring charge applies per TOPS switch, per
rate schedule for the initial load of CLEC's DA Services
Rate/Reference Information. An additional non-recurring
charge applies per TOPS switch, per rate schedule for each
subsequent change to Rate/Reference Information.
*Rate per initial load $1,958.67
Rate per subsequent rate change $934.44
Rate per subsequent reference change $934.44
--------------------------------------------------------------------------
C. OPERATOR SERVICES RATE/REFERENCE
INFORMATION
An initial non-recurring charge applies per TOPS switch, per
rate schedule for the initial load of CLEC's Operator
Services Rate/Reference Information. An additional non-
recurring charge applies per TOPS switch, per rate schedule
for each subsequent change to Rate/Reference Information.
*Rate per initial load $1,958.67
Rate per subsequent rate change $934.44
Rate per subsequent reference change $934.44
--------------------------------------------------------------------------
* Initial Load Charges for Rate/Reference (B and C) when ordered together,
will incur a single Initial Load Charge. In cases where Rate/Reference
information is ordered separately, individual Initial Load charges will apply
to each order.
PAGE 1 OF 11
APPENDIX OSS-RESALE
PAGE 2 OF 11
APPENDIX OSS
ACCESS TO OPERATIONS SUPPORT SYSTEMS FUNCTIONS
1. GENERAL CONDITIONS
1.1 This Appendix sets forth the terms and conditions under which SWBT
provides nondiscriminatory access to SWBT's operations support systems (OSS)
"functions" to CLEC for pre-ordering, ordering, provisioning, maintenance /
repair, and billing.
1.2 Resale functions will be accessible via electronic interface, as
described herein, where such functions are available. Manual access is available
for all pre-ordering, ordering, provisioning, and billing functions via the
Local Service Center (LSC). Repair and maintenance functions are available in a
manual mode through the Local Operations Center (LOC).
1.3 CLEC agrees to utilize SWBT electronic interfaces, as described herein,
only for the purposes of establishing and maintaining Resale services through
SWBT. In addition, XXXX agrees that such use will comply with the summary of
SWBT's Operating Practice No. 113, Protection of Electronic Information, titled
Competitive Local Exchange Carrier Security Policies and Guidelines. Failure to
comply with such security guidelines may result in forfeiture of electronic
access to OSS functionality.'
1.4 CLEC's access to pre-order functions described in 2.2.2 will only be
utilized to view Customer Proprietary Network Information (CPNI) of another
carrier's end-user where XXXX has obtained an authorization for release of CPNI
from the end-user and has obtained an authorization to become the end user's
local service provider. The authorization for release of CPNI must substantially
reflect the following:
1.4.1 "This written consent serves as instruction to all holders of my
local exchange telecommunications Customer Proprietary Network Information
(CPNI) and account identification information to provide such information to the
undersigned. Specifically, I authorize disclosure of my account billing name,
billing address, and directory listing information, and CPNI including, service
address, service and feature subscription, long distance carrier identity, and
pending service order activity. This Authorization remains in effect until such
time that I revoke it directly or appoint another individual/company with such
capacity or undersigned receives notice to disconnect my local exchange service
or notice that a service disconnect has been performed. At and from such time,
this Authorization is null and void."
Or
1.4.2 Authorization for change in local exchange service and release of
CPNI with documentation that adheres to all requirements of state and federal
law, as applicable.
PAGE 3 OF 11
1.5 By utilizing electronic interfaces to access OSS functions, CLEC agrees
to perform accurate and correct ordering as it relates to the application of
Resale rates and charges where they are subject to the terms of this Agreement
and applicable SWBT tariffs. All exception handling must requested manually from
the LSC.
1.6 In areas where Resale order functions are not available via an
electronic interface for the pre-order, ordering and provisioning processes,
SWBT and CLEC will use manual processes. Should SWBT develop electronic
interfaces for these functions for itself, SWBT will make electronic access
available to CLEC.
1.7 The Information Services (I.S.) Call Center provides a technical
support function for electronic interfaces. CLEC will also provide a single
point of contact for technical issues related to the electronic interfaces.
1.8 SWBT and CLEC will establish interface contingency plans and disaster
recovery plans for the pre-order, ordering and provisioning of Resale services.
1.9 SWBT reserves the right to modify or discontinue the use of any system
or interface as it deems appropriate. Provided however,
(a) SWBT shall provide CLEC with at least 90 days prior written notice
of any planned discontinuance and provide CLEC with a functionally equivalent
interface to access the OSS functions for any system or interface that is
discontinued. Upon CLEC request, SWBT shall also provide a reasonable transition
period.
(b) SWBT shall provide CLEC with reasonable prior written notice of any
significant system modifications.
1.10 If CLEC elects to utilize electronic interfaces based upon industry
guidelines for Resale, SWBT and CLEC agree to participate in the Order and
Billing Forum (OBF) and the Telecommunications Industry Forum (TCIF) to
establish and conform to uniform industry guidelines for electronic interfaces
for pre-order, ordering, and - provisioning. Neither Party waives its rights as
participants in such forums or in the implementation of the guidelines. TO
achieve system functionality as quickly as possible, the Parties acknowledge
that SWBT may deploy these interfaces with requirements developed in advance of
industry guidelines. Thus, subsequent modifications may be necessary to comply
with emerging guidelines. CLEC and SWBT are individually responsible for
evaluating the risk of developing their respective systems in advance of
guidelines and agree to support their own system modifications to comply with
new requirements. In addition, SWBT has the right to define LSR Usage
requirements according to the General Section 1.0, paragraph 1.4 of the
practices in the OBF Local Service Ordering Guidelines (LSOG), which states:
"Options described in this practice may not be applicable to individual
providers tariffs; therefore, use of either the field or valid entries within
the field is based on the providers tariffs/practices."
PAGE 4 OF 11
1.11 Due to enhancements and on-going development of access to SWBT's OSS
functions, certain interfaces described in this Appendix may be modified,
temporarily unavailable or may be phased out after execution of this Appendix.
In compliance with section 1.9 of this Appendix, SWBT agrees that interfaces
phased out will be accompanied with proper notice.
1.12 CLEC is responsible for obtaining operating system software and
hardware to access OSS functions as specified in the document "Requirements for
Access to Southwestern Bell OSS Functions."
2. PRE-ORDER
2.1 SWBT will provide real time access to pre-order functions to support
CLEC ordering of Resale services. The Parties acknowledge that ordering
requirements necessitate the use of current, real time pre-order information to
accurately build service orders. The following lists represent pre-order
functions that are available to CLEC so that CLEC order requests may be created
to comply with SWBT ordering requirements.
2.2 PRE-ORDERING FUNCTIONS FOR RESALE SERVICES INCLUDE:
2.2.1 Features and services available at a valid service address (as
applicable);
2.2.2 Access to SWBT retail or resold customer proprietary network
INFORMATION (CPNI) for preordering will include: billing name, service address,
billing address, service and feature subscription, directory listing
information, long distance carrier identity, and pending service order activity
(CLEC agrees that CLEC's representatives will not access the information
specified in this subsection until after the customer requests that his or her
local exchange service provider be changed to CLEC, and a customer authorization
for release of CPNI complies with conditions as described in section 1.4 of this
Appendix.)
2.2.3 A telephone number (if the customer does not have one assigned)
with the customer on-line;
2.2.4 Service availability dates to the customer;
2.2.5 Information regarding whether dispatch is required;
2.2.6 Primary Interexchange Carrier (PIC) options for intraLATA toll
(when available) and interLATA toll;
2.2.7 Service address verification.
2.3. ELECTRONIC ACCESS TO PRE-ORDER FUNCTIONS: SWBT will provide CLEC
access to one or more of the following systems:
PAGE 5 OF 11
2.3.1 RESALE SERVICES PRE-ORDER SYSTEM AVAILABILITY:
2.3.1.1 Residential Easy Access Sales Environment (R-EASE): R-EASE
is an ordering entry system through which SWBT provides CLEC access to the
functions of preordering when R-EASE is utilized to order SWBT Residential
Resale Services.
2.3.1.2 Business Easy Access Sales Environment (B-EASE): B-EASE is
an ordering entry system through which SWBT provides CLEC access to the
functions of preordering when such access is utilized to order SWBT-Business
Resale Services.
2.3.1.3 DataGate is a transaction-based data query system through
which SWBT provides CLEC access to pre-ordering functions. This gateway shall be
a Transmission Control Protocol/Internet Protocol (TCP/IP) gateway and will
allow CLEC to access the preorder functions for Resale services by CLEC
developing its own end-user interface. SWBT and CLEC agree to cooperate in
developing and implementing an electronic communication interface that will be
consistent with industry guidelines developed by the OBF and the TCIF, assuming
they are different from that which SWBT is providing.
2.3.1.4 Verigate is an end-user interface developed by SWBT that
provides access to the pre-ordering functions for Resale Services. Verigate may
be used in connection with electronic or manual ordering. Verigate is accessible
via Toolbar.
2.3.2 OTHER PRE-ORDER FUNCTION AVAILABILITY:
2.3.2.1 Where pre-ordering functions are not available
electronically CLEC will manually request this information from SWBT's LSC for
inclusion on the service order request.
2.3.2.2 In addition to electronic interface access to pre-order
information, upon request but not more frequently than once a month, SWBT will
provide CLEC certain pre-order information in batch transmission for the
purposes of back-up data for periods of system unavailability. Specifically, the
following database information may be electronically provided, Street Address
Guide (SAG) Guide, Service and Feature Availability by NXX and a PIC list, to
support address verification, service and feature availability and PIC
availability, respectively. The parties recognize such information must be used
to construct order requests only in exception handling situations.
3. ORDERING/PROVISIONING
3.1 SWBT provides real time access to ordering functions (as measured from
the time SWBT receives accurate service requests from the interface) to support
CLEC provisioning of Resale services via one or more electronic interfaces. To
order Resale services, CLEC will format the service request to identify what
features, services, or elements it wishes SWBT to
PAGE 6 OF 11
provision in accordance with SWBT ordering requirements. SWBT will provide CLEC
access to one or more of the following systems or interfaces:
3.2 RESALE SERVICES ORDER REQUEST SYSTEM AVAILABILITY:
3.2.1 R-EASE is available for the generation of Residential Resale
services orders. Ordering flows are available via this system.
3.2.2 B-EASE is available for the generation of Business Resale
services orders. Ordering flows are available via this system.
3.2.3 Service Order Retrieval and Distribution (SORD) interface
provides CLECs with the ability to create certain complex Resale orders that
cannot be ordered through EASE, EDI or LEX In addition, the SORD interface
supports the modification of Service Orders submitted electronically by CLEC.
Should CLEC elect to correct service order errors via SORD, CLEC will be
responsible for correcting all errors occurring prior to completion, on any
orders submitted electronically by CLEC.
3.2.4 SWBT makes available to CLEC an Electronic Data Interchange (EDI)
interface for transmission of SWBT ordering requirements via formats provided on
the Local Service Request (LSR) as defined by the Ordering and Billing Forum
(OBF) and via EDI mapping as defined by TCIF. In ordering and provisioning
Resale, CLEC and SWBT will utilize industry guidelines developed by OBF and TCIF
EDI to transmit data based upon SWBT's Resale ordering requirements.
3.2.5 LEX is an end-user interface that provides access to the ordering
functions for Resale Services.
3.3 PROVISIONING FOR RESALE SERVICES: SWBT will provision Resale Services
as detailed in CLEC order requests. Access to status on such orders will be
provided via the following electronic interfaces:
3.3.1 Order Status will allow CLEC to check service order status.
Order Status is accessible via SWBT Toolbar. In addition, pending orders can be
viewed in SORD.
3.3.2 In cases of EDI ordering, SWBT will provide CLEC with an EDI
interface for transferring and receiving orders, Firm Order Confirmation (FOC),
service completion, and, as available, other provisioning data and information.
SWBT will provide CLEC with a FOC for each Resale service request. The FOC will
include: purchase order number, telephone number, Local Service Request number,
due date, Service Order number, and completion date. Upon work completion, SWBT
will provide CLEC with an 855 EDI transaction-based Order Completion that states
when that order was completed. CLEC may submit supplement requests via the 860
EDI transaction, and, where available, SWBT will provide CLEC an 865 EDI
transaction-based Completion notice.
PAGE 7 OF 11
3.3.2.1 The Parties agree that the following timelines are
applicable to electronically generated service orders with errors corrected
via SORD: 1) Errors occurring between application and distribution must be
corrected within 5 hours for a simple order and within 24 hours for a complex
order, 2)Error Service Order Image (ESOI) errors must be corrected within 3
business hours. Service orders will be excluded from calculation of the results
for all related performance measurements, described in Appendix Performance
Measurements, if CLEC fails to correct service order errors within the
timeframes specified above. Additionally, service orders, with errors that occur
after order generation, but prior to distribution will not qualify for a SBC
issued FOC.
3.3.3 In cases of EDI ordering, SWBT will provide CLEC with an EDI
interface for transferring and receiving orders, Firm Order Confirmation (FOC),
service completion, and, as available, other provisioning data and information.
SWBT will provide CLEC with a FOC for each Resale service request. The FOC will
include: purchase order number, telephone number, Local Service Request number,
due date, Service Order number, and completion date. Upon work completion, SWBT
will provide CLEC with an 855 EDI transaction-based Order Completion that states
when that order was completed. CLEC may submit supplement requests via the 860
EDI transaction, and, where available, SWBT will provide CLEC an 865 EDI
transaction-based Completion notice.
3.3.4 A file transmission may be provided to confirm order completions
for XXXXX or B-EASE order processing. This file will provide service order
information of all distributed and completed orders for CLEC.
3.3.4.1 The Parties agree that the following timelines are
applicable to electronically generated service orders with errors corrected via
SORD: 1) Errors occurring between application and distribution must be corrected
prior to releasing the order from EASE; 2) Error Service Order Image (ESOI)
errors must be corrected within 3 business hours Service orders will be excluded
from calculation of the results for the related performance measurements,
described in Appendix Performance Measurements, if CLEC fails to correct service
order errors within the timeframes specified above. Additionally, service orders
with errors that occur after order generation, but prior to distribution will
not qualify for a SBC issued FOC.
4. MAINTENANCE/REPAIR
4.1 Two real time electronic interfaces are accessible to place, and check
the status of trouble reports for both Resales. Upon request, CLEC may access
these functions via the following methods:
4.1.1 Trouble Administration (TA) system access provides CLEC with SWBT
software that allows CLEC to submit trouble reports and subsequently check
status on trouble reports for CLEC end-users. TA will provide the ability to
review the maintenance history of a converted Resale CLEC account. TA is
accessible via SWBT Toolbar.
PAGE 8 OF 11
4.1.2 Electronic Bonding Interface (EBI) is an interface that is
available for trouble report submission and status updates. This EBI conforms to
ANSI guidelines T1:227:1995 and T1.228:1995, Electronic Communications
Implementation Committee (ECIC) Trouble Report Format Definition (TFRD) Number I
as defined in ECIC document ECIC/TRA/95-003, and all guidelines referenced
within those documents, as mutually agreed upon by CLEC and SWBT. Functions
currently implemented will include Enter Trouble, Request Trouble Report Status,
Add Trouble Information, Modify Trouble Report Attributes, Trouble Report
Attribute Value Change Notification, and Cancel Trouble Report, as explained in
6 and 9 of ANSI T1.228:1995. CLEC and SWBT will exchange requests over a
mutually agreeable X.25-based network.
5. BILLING
5.1 SWBT shall xxxx XXXX for resold services. SWBT shall send associated
billing information to CLEC as necessary to allow CLEC to perform billing
functions. At minimum SWBT will provide CLEC billing information in a paper
format or via magnetic tape, as agreed to between CLEC and SWBT.
5.2 ELECTRONIC ACCESS TO BILLING INFORMATION FOR RESALE SERVICES WILL ALSO
BE AVAILABLE VIA THE FOLLOWING INTERFACES:
5.2.1 CLEC may receive Bill Plus -TM-, an electronic version of their
bill as described in and in accordance with SWBT's Local Exchange Tariff.
5.2.2 CLEC may receive a mechanized bill format via the EDI 811
transaction set.
5.2.3 CLEC may also view billing information through the Bill
Information interface. Bill Information will be accessible via SWBT Toolbar.
5.2.4 SWBT shall provide CLECs a Usage Extract Feed electronically, on
a daily basis, with information on the usage billed to its accounts for resale
services in the industry standardized Exchange Message Record (EMR) format,
5.2.5 CLEC may receive Local Disconnect Report records (via CARE
records) electronically that indicate when CLEC's customers change their
Competitive Local Exchange Carrier.
6. REMOTE ACCESS FACILITY
6.1 CLEC must access the following SWBT OSS interfaces via a CLEC Remote
Access Facility (LRAF) located in Dallas, Texas: R-EASE; B-EASE; DataGate;
EDI-Ordering; SORD Supplement and via Toolbar, Trouble Administration, Order
Status, Verigate, LEX, and
PAGE 9 OF 11
Bill Information. Connection to the LRAF will be established via a "port" either
through dial-up or direct connection as described in Section 6.2. CLEC may
utilize a port to access these interfaces to perform the supported functions in
any SWBT state where CLEC has executed an Appendix OSS and purchases System
Access in that state.
6.2 CLEC may use three types of access: Switched, Private Line, and Frame
Relay. For Private Line and Frame Relay "Direct Connections," CLEC shall provide
its own router, circuit, and two Channel Service Units/Data Service Units
(CSU/DSU). The demarcation point shall be the router interface at the LRAF.
Switched Acces "Dial-up Connections" require CLEC to provide its own modems and
connection to the SWBT LRAF. CLEC shall pay the cost of the call if Switched
Access is used.
6.3 CLEC shall use TCP/IP to access SWBT OSS via the LRAF. In addition,
each CLEC shall have one valid Internet Protocol (IP) network address. CLEC
shall maintain a user-id /password unique to each individual for accessing a
SWBT OSS on CLEC's behalf. CLEC shall provide estimates regarding its volume of
transactions, number of concurrent users, desired number of private line or
dial-up (switched) connections, and length of a typical session.
6.4 CLEC shall attend and participate in implementation meetings to discuss
CLEC LRAF access plans in detail and schedule testing of such connections.
7. OPERATIONAL READINESS TEST (ORT) FOR ORDERING/PROVISIONING AND REPAIR/
MAINTENANCE INTERFACES
7.1 Prior to live access to interface functionality, the Parties must
conduct Operational Readiness Testing (ORT), which will allow for the testing of
the systems, interfaces, and processes for the OSS functions ORT will be
completed in conformance with agreed upon processes and implementation dates.
7.2 Prior to live system usage, CLEC must complete user education classes
for SWBT-provided interfaces that affect the SWBT network. Classes are
train-the-trainer format to enable CLEC to devise its own course work for its
own employees. Charges will apply for each class. Classes will be required for
R-EASE, B-EASE, LEX, SORD Supplement and Trouble Administration. Optional
classes will be available for Order Status and Verigate. Classes are
train-the-trainer format to enable CLEC to devise its own coursework for its own
employees. Charges apply to training delivery. Schedules will be made available
upon request and are subject to change, with class lengths varying. Ongoing
class schedules may be requested from the CLEC's account manager.
PAGE 10 OF 11
--------------------------------------------------------------------------------------------------------------------------------
Training Rates 5 day 4.5 day 4 day 3.5 day 3 day 2.5 day 2 day 1.5 day 1 day 1/2 day
class class class class class class class class class class
-------------------------------------------------------------------------------------------------------------------------------
1 to 5 students $4,050 $3,650 $3,240 $2,835 $2,430 $2,025 $1,620 $1,215 $810 $405
6 students $4,860 $4,380 $3,890 $3,402 $2,915 $2,430 $1,945 $1,455 $970 $490
7 students $5,670 $5,100 $4,535 $3,969 $3,400 $2,835 $2,270 $1,705 $1,135 $570
8 students $6,480 $5,830 $5,185 $4,536 $3,890 $3,240 $2,590 $1,950 $1,300 $650
9 students $7,290 $6,570 $5,830 $5,103 $4,375 $3,645 $2,915 $2,190 $1,460 $730
10 students $8,100 $7,300 $6,480 $5,670 $4,860 $4,050 $3,240 $2,430 $1,620 $810
11 students $8,910 $8,030 $7,130 $6,237 $5,345 $4,455 $3,565 $2,670 $1,780 $890
12 students $9,720 $8,760 $7,780 $6,804 $5,830 S4,860 $3,890 $2,920 $1,945 $970
--------------------------------------------------------------------------------------------------------------------------------
7.3 A separate agreement will be required as a commitment to pay for a
specific number of CLEC students in each class. XXXX agrees that charges will be
billed by SWBT and CLEC payment is due 30 days later. XXXX agrees that personnel
from other competitive Local Service Providers may be scheduled into any class
to fill any seats for which the CLEC has not contracted. Class availability is
first-come, first served with priority given to CLECs who have not yet attended
the specific class.
7.4 Class dates will based upon SWBT availability and will be coordinated
between CLEC, Account Manager and Product Management.
7.5 CLEC agrees to pay cancellation fee of the full price noted in the
separate agreement if CLEC cancels scheduled classes less than two weeks prior
to the scheduled start date. XXXX agrees to provide to SWBT completed
registration forms for each student no later than one week prior to the
scheduled training class.
7.6 CLEC agrees that CLEC personnel attending classes are to utilize only
training databases and training presented to them in class. Attempts to access
any other SWBT or SBC system are strictly prohibited.
7.7 CLEC further agrees that training material, manuals and instructor
guides can be duplicated only for internal use for the purpose of training
employees to utilize capabilities SWBT's OSS in accordance with this Appendix.
8. RATES
8.1 CLEC requesting access to one or more of the SWBT OSS functions (i.e.,
pre-ordering, ordering / provisioning, maintenance / repair, billing) agrees to
pay the following rate:
System Access $ 3,200.00/ month
8.2 CLEC requesting functions via interfaces that require connection to the
Remote Access Facility, as described in section 6, agrees to pay the following
rate(s) depending upon on method of access utilized:
PAGE 11 OF 11
Remote Access Facility Access Methods
Direct Connection Per Port $ 1,505.00/ month
Dial Up Per Port $ 301.00/ month
8.3 CLEC requesting the Bill Plus-TM- , as described in 5.2.1, agrees to
pay applicable tariffed rate, less Resale discount.
8.4 CLEC requesting the billing function for Usage Billable Records, as
described in 5.2.4, agrees to pay $.003 per message transmitted.
8.5 CLEC requesting the Local Disconnect Report, as described in 5.2.5,
agrees to pay $0.10 per record transmitted.
8.6 Should unforeseen modifications and costs to provision OSS functions
become required by SWBT or industry guidelines, or by regulatory rulings, SWBT
reserves the right to modify its rate structure. In addition, should CLEC
request custom development of an exclusive interface to support OSS functions,
such development will be considered by SWBT on an Individual Case Basis (ICB)
and priced as such.
9. EFFECTIVE DATE, TERM
9.1 Whereas CLEC is currently operational under an existing, approved
Interconnection Agreement, this Appendix OSS will be effective, pending
commission approval, 10 days after it is filed with the state commission.
Alternatively, this Appendix will be effective upon approval by the state
commission when it is approved as a part of the Interconnection Agreement.
10. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
This appendix, and every service provided hereunder, shall be subject to
all rates, terms and conditions contained in this Agreement or other appendices
or attachments to this Agreement which are legitimately related to such service;
and all such rates, terms and conditions are incorporated by reference herein
and as part of every service provided hereunder. Without limiting the general
applicability of the foregoing, the following terms and conditions of the
General Terms and Conditions of the Resale Agreement are specifically agreed by
the Parties to be legitimately related to, and to be applicable to, each service
provided hereunder description of rates and charges for services, terms and
conditions for resale of services, responsibilities of SWBT, additional
responsibilities of the parties, additional responsibilities of CLEC,
termination of service to CLEC, changes in subscriber carrier selection,
notices, effective date, terra, disclaimer of warranties, limitation of
liability, force majeure, nondisclosure, dispute resolution, verification
reviews, compliance with laws, intervening law and preservation of rights.
PAGE 1 OF 21
APPENDIX
PERFORMANCE MEASUREMENTS
PAGE 2 OF 21
APPENDIX PERFORMANCE MEASUREMENTS
1.0 INTRODUCTION
This Appendix Performance Measurements contains Performance Criteria
which applies to resold services. The measurements set forth in this
Appendix illustrates non-discriminatory access to SWBT's Operations
Support Systems (OSS) and covers each of the five recognized OSS
functions (pre-ordering, ordering, provisioning, maintenance and repair,
and billing).
The performance measurements contained herein, notwithstanding any
provisions in any other appendix in this Agreement, are not intended to
create, modify or otherwise affect parties' rights and obligations. The
existence of any particular performance measure, or the language
describing that measure, is not evidence that CLEC is entitled to any
particular manner of access, nor is it evidence that SWBT is limited to
providing any particular manner of access. The parties' rights and
obligations to such access are defined elsewhere, including the relevant
laws, FCC and PUC. decisions/regulations, tariffs, and within this
agreement.
2.0 DEFINITIONS
When used in this Appendix, the following terms will have the meanings
indicated:
2.1 Performance Criteria means the target level of SWBT performance
specified for each Performance Measurement. Generally, the
Performance Measurements contained in this Appendix specify
performance equal to that which SWBT achieves for itself in
providing. equivalent end user, service as the Performance
Criterion.
2.2 For certain Performance Measurements, a specific quantitative
target has been adopted as the Performance Criterion. The
determination of compliance is through the comparison of the
measured performance delivered to CLEC and the applicable
benchmark.
2.3 Performance Measures means the set of measures listed in all
of section 6.0 of this Appendix.
3.0 SPECIFIED PERFORMANCE STANDARDS
3.1 SWBT will meet the Performance Criteria contained in this
Appendix, except in those instances where its failure to do so
is a result of a) the CLEC's failure to perform any of its
obligations set forth in this Agreement or under the Act, or
Texas law b) any delay, act or failure to act by an end user,
agent or subcontractor of the CLEC, c) any Force Majeure Event,
d) or non-SWBT
PAGE 3 OF 21
problems associated with third party systems or equipment, which
could not have been avoided by SWBT in exercise of reasonable
diligence. Provided, however, the third party exclusion will not
be raised by SWBT more than three times within a calendar year.
4.0 RECORDS AND REPORTS
4.1 SWBT will not levy a separate charge for provision of the data
to CLEC called for under this Appendix. Notwithstanding other
provisions of this Agreement, the Parties agree that such data
and associated records will be deemed Proprietary Information.
4.2 Reports are to be made available to the CLEC by the 20th day
following the close of the calendar month. If the 20th falls on
a weekend or holiday, the reports will be made available the
next business day.
4.3 CLEC will have access to monthly reports through an interactive
Website.
4.4 CLEC and SWBT will consult with one another and attempt in good
faith to resolve any issues regarding the accuracy or integrity
of data collected, generated, and reported pursuant to this
Appendix.
4.5 UNE measurement categories included on the reports will be zero
filled as that data is not applicable to resold services.
5.0 INITIAL IMPLEMENTATION; DATA REVIEW
5.1 Every six months, SWBT, CLEC, and Commission representatives
will review the performance measures to determine whether
measurements should be added, deleted, or modified; whether
the applicable benchmark standards should be modified or
replaced by parity standards. The criterion for
reclassification of a measure shall be whether the actual
volume of data points was lesser or greater than anticipated.
Criteria for review of performance measures, other than for
possible reclassification, shall be whether there exists an
omission or failure to capture intended performance, and
whether there is duplication of another measurement.
Performance measures for 911 may be examined at any six month
review to determine whether they should be reclassified. The
first six month period will begin when an agreement is adopted
by CLEC and approved by the Commission. Any changes to
existing performance measures shall be by mutual agreement of
the parties and, if necessary, with respect to new measures and
their appropriate classification, by arbitration. The current
measurements and benchmarks will be in effect until modified
hereunder or expiration of the agreement.
PAGE 4 OF 21
6.0 PERFORMANCE MEASUREMENTS
SWBT will provide the following Performance Measurements, in accordance
with the Business Rules, under this Agreement:
6.1 Pre-Ordering/Ordering
6.1.1 MEASUREMENT - Average Response Time For OSS
Pre-Order Interfaces
DEFINITION - The average response time in seconds from
the SWBT side of the Remote Access Facility (RAF) and
return for pre-order interfaces (Verigate, DataGate and
EDI where the pre-order functionality is integrated) by
function.
CALCULATION - Sigma[Query Response Date & Time)-(Query
Submission Date & Time)] DIVIDED BY (Number of Queries
Submitted in Reporting Period)
REPORT STRUCTURE -
BENCHMARK: TO BE DETERMINED
- ADDRESS VERIFICATION
- REQUEST FOR TELEPHONE NUMBER
- REQUEST FOR CUSTOMER SERVICE RECORD (CSR)
- SERVICE AVAILABILITY
- SERVICE APPOINTMENT SCHEDULING (DUE DATE)
- DISPATCH REQUIRED
- PIC
6.1.2 MEASUREMENT - Percent Response Received Within "X"
Seconds
DEFINITION - The average response time in seconds from
the SWBT side of the Remote Access Facility (RAF) and
return for pre-order interfaces (Verigate and DataGate)
by function.
CALCULATION - Sigma[(Query Response Date & Time) -
(Query Submission Date & Time)]/(Number of Queries
Submitted in Reporting Period)
REPORT STRUCTURE - Reported on a company basis by
interface for DATAGATE and VERIGATE.
BENCHMARK: TO BE DETERMINED
- ADDRESS VERIFICATION
- REQUEST FOR TELEPHONE NUMBER
- REQUEST FOR CUSTOMER SERVICE RECORD (CSR)
- SERVICE AVAILABILITY
- SERVICE APPOINTMENT SCHEDULING (DUE DATE)
- DISPATCH REQUIRED
- PIC
PAGE 5 OF 21
6.1.3 MEASUREMENT - EASE Average Response Time
DEFINITION - Average screen to screen response from the
SWBT side of the Remote Access Facility (RAF) and return
CALCULATION - Sigma[(Query Response Date & Time) -
(Query Submission Date & Time)] DIVIDED BY (Number of
Queries Submitted in Reporting Period)
REPORT STRUCTURE - Reported for all CLECs and SWBT by
division name (CPU platform)
BENCHMARK - EQUAL TO SWBT'S OWN
6.1.4 MEASUREMENT - OSS Interface Availability
DEFINITION - Percent of time OSS interface is available
compared to scheduled availability
CALCULATION - ((# scheduled system available hours -
unscheduled unavailable system hours) DIVIDED BY
scheduled system available hours)) * 100
REPORT STRUCTURE - Reported on a company basis by
interface e.g. EASE, DATAGATE, VERIGATE, LEX, EDI and
TOOLBAR. The RAF will be reported by CLEC
BENCHMARK - 99%
6.1.5 MEASUREMENT - % Firm Order Confirmations (FOCs) Received
Within "X" Hours
DEFINITION - Percent of FOCs returned within a specified
time frame from receipt of service requests to return of
confirmation to CLEC All Res. And Bus. < 24 Hours
Complex Business - Negotiated
CALCULATION - (# FOCs returned within "X" hours DIVIDED
BY total FOCs sent) * 100.
REPORT STRUCTURE - Reported for CLEC and all CLECs. This
includes mechanized from EDI and LEX and manual (FAX or
phone orders). The FOC for EASE is considered to be at
the time the due date is negotiated and is not included
in the calculation.
BENCHMARK - 90% within "X" hours
6.1.6 MEASUREMENT - Average Time To Return FOC
DEFINITION - The average time to return FOC from receipt
of service order to return of confirmation to CLEC
CALCULATION - Sigma[(Date and Time of FOC) - (Date and
Time of Order Acknowledgment)] DIVIDED BY (# of FOCs)
REPORT STRUCTURE - Reported for CLEC and all CLECs
BENCHMARK - 90% within "X" hours
6.1.7 MEASUREMENT - Percent Mechanized Completions Returned
Within 1 Hour Upon Successful Execution Of The SORD
(BU340) Batch Cycle
PAGE 6 OF 21
Which Updates The Order Status, Indicating A Completion
Notice. The batch process executes at the following
times: 9:00 AM, 12:00 noon, 3:00 PM, 6:00 PM, 10:30 PM.
DEFINITION - % mechanized completions returned within 1
hour for EDI and LEX
CALCULATION - (# mechanized completions returned to CLEC
within 1 hour DIVIDED BY total completions) * 100
REPORT STRUCTURE - Reported for CLEC and all CLECs for
the electronic interfaces (EDI and LEX). The 1 hour
interval above is subject to change as the EDI polling
time frame changes
BENCHMARK - 97%
6.1.8 MEASUREMENT - Average Time to Return Mechanized
Completions
DEFINITION - Average time required to return a
mechanized completion
CALCULATION - Sum [(Date and Time of Notice Of
Completion Issued to the CLEC) -(Date and Time of Work
Completion)]DIVIDED BY(# of Orders Completed).
REPORT STRUCTURE - Reported on CLEC and all CLECs for
the electronic interfaces (EDI and LEX). The 1 hour
interval is subject to change as the EDI polling time
frame changes
BENCHMARK - 97%
6.1.9 MEASUREMENT - Percent Rejects
DEFINITION - The number of rejects compared to the
issued orders for the electronic interfaces (EDI, RMI
and LEX)
CALCULATION - (# of rejects DIVIDED BY total orders
issued) * 100
REPORT STRUCTURE - Reported on CLEC and all CLECs for
the electronic interfaces (EDI and LEX)
BENCHMARK - Not required (Diagnostic)
6.1.10 MEASUREMENT - Percent Mechanized Rejects Returned Within
1 Hour Of The Start Of The EDI/LASR Batch Process
DEFINITION - Percent mechanized rejects returned within
1 hour of the start of the EDI/LASR batch process. The
EDI and LASR processes execute every two hours between
6:00 A.M. and 12:00 A.M
CALCULATION - (# mechanized rejects returned within 1
hour DIVIDED BY total rejects) * 100
REPORT STRUCTURE - Reported for CLEC and all CLECs for
the electronic interfaces (EDI and LEX
BENCHMARK - 97% within I hour of PON
6.1.11 MEASUREMENT - Mean Time to Return Mechanized Rejects
DEFINITION - Average time required to return a
mechanized reject
PAGE 7 OF 21
CALCULATION - E[(Date and Time of Order Rejection) -
(Date and Time of Order Acknowledgment)]+ (# of Orders
Rejected)
REPORT STRUCTURE - Reported on CLEC and all
CLECs for the electronic interfaces (EDI and LEX)
BENCHMARK - 97% within I hour of PON
6.1.12 MEASUREMENT - Mechanized Provisioning Accuracy
DEFINITION - Percent of mechanized orders completed as
ordered
CALCULATION - (# of order's completed as ordered DIVIDED
BY total orders) * 100
REPORT STRUCTURE - Reported by individual CLEC, CLECs
and SWBT
BENCHMARK - EQUAL TO SWBT's OWN
6.1.13 MEASUREMENT - Order Process Percent Flow Through
DEFINITION - Percent of orders or LSRs from entry to
distribution that progress through SWBT ordering systems
excluding rejects
CALCULATION - (# of "good" orders that flow through
DIVIDED BY total orders) * 100
LASR orders that flow through are those orders that
go to the mechanized order generation (MOG). Total
orders are the sum or orders that go to the MOG and
those that go to folders for manual handling. EASE
orders that flow through are those orders that are
issued by using the PF11 key and do not go to the
error queue. The total orders are all PF11 issued
orders.
REPORT STRUCTURE - Reported by individual
CLEC, CLECs and SWBT for CLEC typed orders and LSC typed
orders
BENCHMARK - EQUAL TO SWBT'S OWN
6.2 BILLING
6.2.14 MEASUREMENT - Billing Accuracy
DEFINITION - SWBT performs three bill audits to
ensure the accuracy of the bills rendered to its
customers: XXXX and toll/usage. A sample of customer
accounts is selected on the basis of USOCs and
classes of service using CIDB. The purpose of this
audit is to assure that the monthly bill sent to the
CLECs for resale services is accurate according to
the rating of the USOCs and classes of service. For
all accounts that are audited, the numbers of bills
that have been released prior to correction are
counted as an error.
CALCULATION - (# of bills not corrected prior to
bill release DIVIDED BY total bills audited) * 100
REPORT STRUCTURE - Reported for aggregate of all CLECs
and SWBT for the XXXX, and Usage bill audits
BENCHMARK - EQUAL TO SWBT's OWN
PAGE 8 OF 21
6.2.15 MEASUREMENT - Percent of Accurate And Complete Formatted
Mechanized Bills
DEFINITION - Measurements the % of monthly bills sent
to the CLECs via the mechanized EDI process that are
accurate and complete. if an error is found, a
decision must be made to correct the error before the
bill is rendered and jeopardize timeliness or to send
the bill out on time and in error.
CALCULATION - (Count of accurate and complete formatted
mechanized bills via EDI DIVIDED BY total # of
mechanized bills via EDI) * 100
REPORT STRUCTURE - Reported for CLEC and all CLECs
BENCHMARK - 99%
6.2.16 MEASUREMENT - Percent Of Billing Records Transmitted
Correctly
DEFINITION - Measurements % of billing records
transmitted correctly on the usage extract feed. Usage
records are sent to the CLEC each day containing
information to enable the CLEC to more promptly bill
their own customers. Controls and edits within the
billing system uncover certain types of errors, which
are likely to appear on the usage records. When these
errors are uncovered, a new release of the program will
be written to insure that the error does not occur
again. Thus, an error that is reported in one month
should not occur the next month because the billing
program error would have fixed by the next month.
CALCULATION - (Count of billing records transmitted
correctly DIVIDED BY total billing records transmitted)
* 100
REPORT STRUCTURE - Reported for CLEC and all CLECs
BENCHMARK - 95%
6.2.17 MEASUREMENT - Billing Completeness
DEFINITION - Percent of service orders that are posted
in the XXXX billing system prior to the customers bill
period
CALCULATION - (Count of service orders included in
current applicable bill period DIVIDED BY total service
orders in current applicable bill period) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT'S OWN
6.2.18 MEASUREMENT - Billing Timeliness (Wholesale Bill)
DEFINITION - Billing timeliness measurements the length
of time from message creation to the time it is made
available to the CLECS. Data is collected from a
transmission report obtained each month from CIDB. A
mechanized bill will be considered timely if it is sent
by midnight of the 6th work day after the end of the
bill period. Since
PAGE 9 OF 21
paper bills are handled via the same process that SWBT
uses for paper distribution no measurement is provided.
CALCULATION - (Count of bills released on time
DIVIDED BY total number of bills released) * 100
REPORT STRUCTURE - Reported for CLEC and all CLECs
BENCHMARK - 95% within the 6th work day
6.2.19 MEASUREMENT - Daily Usage Feed Timeliness
DEFINITION - Usage information is sent to the CLECs on
a daily basis. This usage data must be sent to the CLEC
within 6 days in order to be considered timely.
CALCULATION - (Number of usage feeds transmitted on time
DIVIDED BY total number of usage feeds) * 100
REPORT STRUCTURE - Reported for CLEC and all CLECs
BENCHMARK - 95% within the 6th work day
6.2.20 MEASUREMENT - Unbillable Usage
DEFINITION - Percentage of usage data that is
unbillable. For XXXX billing, the total dollars for
AMA/ECS write off is divided by the total XXXX AMA/ECS
billing.
CALCULATION - (Total unbillable usage DIVIDED BY total
usage)* 100
REPORT STRUCTURE - Reported for the aggregate of SWBT
and CLECs
BENCHMARK - Not required (Aggregate measurement)
6.3 MISCELLANEOUS ADMINISTRATIVE
6.3.21 MEASUREMENT - LSC Average Speed Of Answer
DEFINITION - The average time a customer is in queue.
The time begins when the customer enters the queue and
ends when the call is answered by a SWBT representative
CALCULATION - Total queue time DIVIDED BY total calls
REPORT STRUCTURE - Reported for all calls to the LSC by
operational separation and SWBT retail
BENCHMARK - EQUAL TO SWBT'S OWN
6.3.22 MEASUREMENT - LSC Grade Of Service (GOS)
DEFINITION - % of calls answered by the LSC within a
specified period of time
CALCULATION - Total number of calls answered by
the LSC within a specified period of time DIVIDED BY
total number of calls answered by the LSC
REPORT STRUCTURE - Reported for all calls to the LSC
by operational separation and SWBT retail (RSC and BSC)
BENCHMARK - EQUAL TO SWBT'S OWN
PAGE 10 OF 21
6.3.23 MEASUREMENT - Percent Busy in the LSC
DEFINITION - Percent of calls which are unable to reach
the Local Service Center due to a busy condition in the
ACD
CALCULATION - (Count of blocked calls DIVIDED BY total
calls offered) * 100
REPORT STRUCTURE - Reported for all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT'S OWN
6.3.24 MEASUREMENT - LOC Average Speed Of Answer
DEFINITION - The average time a customer is in queue.
The time begins when the customer enters the queue and
ends when the call is answered by a SWBT representative
CALCULATION - Total queue time DIVIDED BY total calls
REPORT STRUCTURE - Reported for all calls to the LOC for
all CLECs and SWBT retail
BENCHMARK - EQUAL TO SWBT'S OWN
6.3.25 MEASUREMENT - LOC Grade Of Service (GOS)
DEFINITION - % of calls answered by the LOC within a
specified period of time
CALCULATION - Total number of calls answered by the LOC
within a specified period of time DIVIDED BY total
number of calls answered by the LOC
REPORT STRUCTURE - Reported for all calls to the LSC by
operational separation and SWBT retail (Repair Bureau)
BENCHMARK - EQUAL TO SWBT'S OWN
6.3.26 MEASUREMENT - Percent Busy in the LOC
DEFINITION - Percent of calls which are unable to reach
the Local Operations Center due to a busy condition in
the ACD
CALCULATION - (Count of blocked calls DIVIDED BY total
calls offered) * 100
REPORT STRUCTURE - Reported for all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT'S OWN
6.4 POTS - PROVISIONING
6.4.27 MEASUREMENT - Mean Installation Interval
DEFINITION - Average business days from application date
to completion date for N, T, C orders excluding customer
caused misses and customer requested due dates that are
earlier or greater than 5 business days
CALCULATION - [Sigma (completion date - application
date)] DIVIDED BY (Total number of orders completed)
PAGE 11 OF 21
REPORT STRUCTURE - Reported for CLEC, all CLECs and
SWBT, by Field Work (FW), No Field Work (NFW), Business
and Residence
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.28 MEASUREMENT - Percent Installations Completed Within "X"
Business Days (POTS)
DEFINITION - Measure of orders completed within "X"
business days, 5 business days for FW and 3 business
days for NFW, of receipt of confirmed service order for
POTS resale service excluding orders where customer
requested a due date greater than "X" business days and
excluding orders with only customer caused misses
CALCULATION - (Count of N,T,C orders installed within
business 5 days DIVIDED BY total N,T,C orders)* 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by Field Work (FW), No Field Work (NFW), Business and
Residence
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.29 MEASUREMENT - Percent SWBT Caused Missed Due Dates
DEFINITION - Percent of N,T,C orders where installation
was not completed by the due date, excluding customer
caused misses
CALCULATION - (Count of N,T,C orders not completed by
the due date, excluding customer caused misses DIVIDED
BY total number of N,T,C orders) * 100
REPORT STRUCTURE - Reported for CLEC all CLECs and SWBT
by Field Work (FW), No Field Work (NFW), Business and
Residence
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.30 MEASUREMENT - Percent SWBT Missed Due Dates Due To Lack
Of Facilities
DEFINITION - Percent N,T,C orders with missed committed
due dates due to lack of facilities
CALCULATION - (Count N,T,C orders with missed committed
due dates due to lack of facilities DIVIDED BY total
N,T,C orders) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
Retail for POTS Reported for > 30 calendar days & > 90
calendar days (Calculated monthly based on posted
orders)
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.31 MEASUREMENT - Average Delay Days For Missed Due Dates
Due To Lack Of Facilities
DEFINITION - Average calendar days from due date to
completion date on company missed orders due to lack
of facilities
CALCULATION - Sigma(Completion date - committed order
due date) DIVIDED BY (# of posted orders)
PAGE 12 OF 21
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
Retail POTS
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.32 MEASUREMENT - Average Delay Days for SWBT Caused Missed
Due Dates
DEFINITION - Average calendar days from due date to
completion date on company missed orders
CALCULATION - Sum (Completion date - committed order due
date) DIVIDED BY (# of posted orders)
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
Retail POTS,
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.33 MEASUREMENT - Percent SWBT Caused Missed Due Dates > 30
Days
DEFINITION - Percent of N,T,C orders where installation
was completed > 30 days following the due date,
excluding customer caused misses
CALCULATION - (Count of N, T, C orders completed > 30
days following the due date, excluding customer caused
misses DIVIDED BY total number of N, T, C orders) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
for Resold POTS
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.34 MEASUREMENT - Count of Orders Canceled After the Due
Date (SWBT Caused)
DEFINITION - Orders canceled after the due date caused
by SWBT
CALCULATION - (1-30, 31-90, and > 90 DIVIDED BY count
of canceled orders)
REPORT STRUCTURE - Reported for individual CLECs and the
aggregate of all CLECs
BENCHMARK - Not required (Diagnostic)
6.4.35 MEASUREMENT - Percent Trouble Reports Within 10 Days Of
Install
DEFINITION - Percent of N, T, C orders that receive a
network customer trouble report not caused by CPE or
wiring within 10 calendar days of service order
completion excluding subsequent reports and all
disposition code "13" reports 6
CALCULATION - (Count of N, T, C orders that receive a
network customer trouble report within 10 calendar days
of service order completion DIVIDED BY total N,T,C
orders (excludes trouble reports received on the due
date))* 100
PAGE 13 OF 21
REPORT STRUCTURE - Reported for POTS Resale by CLEC,
total CLECs and SWBT retail by Field Work (FW), No Field
Work (NFW) business and residence
BENCHMARK - EQUAL TO SWBT'S OWN
6.4.36 MEASUREMENT - Percent No Access (Trouble Reports With No
Access)
DEFINITION - Percent of Field Work (FW) orders with
a status of "No Access"
CALCULATION - Count of orders that are No Access DIVIDED
BY total orders
REPORT STRUCTURE - Reported for CLEC, total CLECs and
SWBT
BENCHMARK - Resale POTS parity between FW compared to
SWBT FW (N, T, C order types) and NFW compared to SWBT
Retail NFW (N,T,C order types).
6.5 POTS - MAINTENANCE
6.5.37 MEASUREMENT - Trouble Report Rate
DEFINITION - The number of customer trouble reports not
caused by CPE or wiring, CPE and disposition code "13"
reports within a calendar month per 100 lines
CALCULATION - [Total number of customer trouble reports
DIVIDED BY (total lines DIVIDED BY 100)].
REPORT STRUCTURE - Reported for POTS Resale trouble
reports by CLEC, all CLECs and SWBT retail (valid for
line counts of 300,000 or greater)
BENCHMARK - EQUAL TO SWBT'S OWN
6.5.38 MEASUREMENT - Percent Missed Repair Commitments
DEFINITION - Percent of trouble reports not cleared by
the commitment time, excluding disposition code "13"
reports
CALCULATION - (Count of trouble reports not cleared by
the commitment time for company reasons DIVIDED BY total
trouble reports) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
retail by dispatch and no dispatch
BENCHMARK - EQUAL TO SWBT'S OWN
6.5.39 MEASUREMENT - Receipt To Clear Duration
DEFINITION - Average duration of customer trouble
reports from the receipt of the customer trouble report
to the time the trouble report is cleared with the
customer excluding subsequent, and all disposition code
"13" reports (excludable)
PAGE 14 OF 21
CALCULATION - sigma[(Date and time ticket is cleared
with customer) - (Date and time ticket received)]
DIVIDED BY total customer network trouble reports
REPORT STRUCTURE - Reported for POTS Resale trouble
reports by CLEC, all CLECs and SWBT retail for Out of
Service and Affecting Service by Dispatch and
No-Dispatch
BENCHMARK - EQUAL TO SWBT'S OWN
6.5.40 MEASUREMENT - Percent Out Of Service (OOS) < 24 Hours
DEFINITION - Percent of OOS trouble reports cleared in
less than 24 hours excluding subsequents, tickets
received on Saturday or Sunday, no access and all
disposition code "13" reports (excludable)
CALCULATION - (Count of OOS trouble reports < 24 hours
DIVIDED BY total number of OOS trouble reports) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
retail
BENCHMARK - EQUAL TO SWBT'S OWN
6.5.41 MEASUREMENT - Percent Repeat Reports
DEFINITION - Percent of customer trouble reports
received within 10 calendar days of a previous customer
report that were not caused by CPE or wiring excluding
subsequent reports and all disposition code "13"
reports. (excludable)
CALCULATION - (Count of customer trouble reports, not
caused by CPE or wiring and excluding subsequent
reports, received within 10 calendar days of a previous
customer report DIVIDED BY total customer trouble
reports not caused by CPE or wiring and excluding
subsequent reports)*100
REPORT STRUCTURE - Reported by CLEC, all CLECs and SWBT
retail
BENCHMARK - EQUAL TO SWBT'S OWN
6.5.42 MEASUREMENT - Percent No Access (% Trouble reports
with No Access).
DEFINITION - Percent of dispatched customer trouble
reports with a status of "No Access".
CALCULATION - Count of trouble reports with a status of
"No Access" to customer's premise DIVIDED BY total
dispatched customer trouble reports
REPORT STRUCTURE - Reported for CLEC, total CLECs and
SWBT
BENCHMARK - POTS - Parity with SWBT Retail
6.6 SPECIALS - PROVISIONING
6.6.43 MEASUREMENT - Average Installation Interval
DEFINITION - Average business days from application
date to completion date for N,T,C orders by item.
Excludes customer caused
PAGE 15 OF 21
misses and customer requested due dates that are earlier
or greater than "X" business days
CALCULATION - [Sigma(completion date - application
date)] DIVIDED BY (total number of orders completed)
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by DDS, DS1, DS3, Voice Grade Private Line (VGPL) and
ISDN and any other services available for resale
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.44 MEASUREMENT - Percent Installations Completed Within "X"
Business Days
DEFINITION - Percent installations completed within "X"
business days excluding customer caused misses and
customer requested due date greater than "X" business
days
CALCULATION - (Count of N,T,C orders by item installed
within business "X" business days DIVIDED BY total N,T,C
orders by item) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by DDS, DS1, DS3, Voice Grade Private Line (VGPL) and
ISDN and any other services available for resale
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.45 MEASUREMENT - Percent SWBT Caused Missed Due Dates
DEFINITION - Percent of N,T,C orders where installations
were not completed by the negotiated due date excluding
customer caused misses
CALCULATION - (Count of N,T,C orders by item with missed
due dates excluding customer caused misses DIVIDED BY
total number of N,T,C orders by item) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and
SWBT by DDS, DS1, DS3, Voice Grade Private Line (VGPL)
and ISDN and any other services available for resale
BENCHMARK- EQUAL TO SWBT'S OWN
6.6.46 MEASUREMENT - Percent Installation Reports Within 30
Days (I-30)
DEFINITION - Percent of N,T,C orders by item that
receive a network customer trouble report within 30
calendar days of service order completion
CALCULATION - (Count of N,T,C orders by item that
receive a network customer trouble report within 30
calendar days of service order completion DIVIDED BY
total N,T,C orders by item (excludes trouble reports
received on the due date)) * 100
PAGE 16 OF 21
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by DDS, DS1, DS3, Voice Grade Private Line (VGPL) and
ISDN and any other services available for resale
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.47 MEASUREMENT - Percent SWBT Missed Due Dates Due To Lack
Of Facilities
DEFINITION - Percent N,T,C orders by item with missed
committed due dates due to lack of facilities
CALCULATION - (Count of N,T,C orders by item with missed
committed due dates due to lack of facilities DIVIDED
BY total N,T,C orders by item) * 100
REPORT STRUCTURE - Reported for Specials Resale by CLEC,
all CLECs and SWBT Retail Reported for > 30 calendar
days & > 90 calendar days
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.48 MEASUREMENT - Delay Days For Missed Due Dates Due To
Lack Of Facilities
DEFINITION - Average calendar days from due date to
completion date on company missed orders due to lack of
facilities
CALCULATION - Sigma(Completion date - Committed order
due date) DIVIDED BY (# of completed orders)
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
Retail Specials
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.49 MEASUREMENT - Delay Days for SWBT Caused Missed Due
Dates
DEFINITION - Average calendar days from due date to
completion date on company missed orders
CALCULATION - Sum (Completion date - committed order due
date) DIVIDED BY (# of posted orders)
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
Retail Specials
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.50 MEASUREMENT - Percent SWBT Caused Missed Due Dates > 30
Days
DEFINITION - Percent of N, T, C orders where
installation was completed > 30 days following the due
date, excluding customer caused misses
CALCULATION - (Count of N, T, C orders completed > 30
days following the due date, excluding customer caused
misses DIVIDED BY total number of N, T, C orders) * 100
PAGE 17 OF 21
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
for Retail Specials
BENCHMARK - EQUAL TO SWBT'S OWN
6.6.51 MEASUREMENT - Count Of Orders Canceled After The Due
Date (SWBT Caused)
DEFINITION - Orders canceled after the due date which
were caused by SWBT
CALCULATION - (1-30, 31-90, and > 90 DIVIDED BY the
count of canceled orders)
REPORT STRUCTURE - Reported for individual CLECs and the
aggregate of all CLECs
BENCHMARK - Not required (Diagnostic)
6.7 SPECIALS - MAINTENANCE
6.7.52 MEASUREMENT - Mean Time To Restore
DEFINITION - Average duration of network customer
trouble reports from the receipt of the customer trouble
report to the time the trouble report is cleared
excluding no access and delayed maintenance
CALCULATION - Sigma[(Date and time trouble report is
cleared with the customer) - (date and time trouble
report is received)] DIVIDED BY total network customer
trouble reports
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by DDS, DS1, DS3, Voice Grade Private Line (VGPL) and
ISDN and any other services available for resale
BENCHMARK - EQUAL TO SWBT'S OWN
6.7.53 MEASUREMENT - Percent Repeat Reports
DEFINITION - Percent of network customer trouble reports
received within 30 calendar days of a previous customer
report
CALCULATION - (Count of network customer trouble reports
received within 30 calendar days of a previous customer
report DIVIDED BY total network customer trouble
reports.) * 100
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by DDS, DS1, DS3, Voice Grade Private Line (VGPL) and
ISDN and any other services available for resale
BENCHMARK - EQUAL TO SWBT'S OWN
6.7.54 MEASUREMENT - Failure Frequency
DEFINITION - The number of network customer trouble
reports within a calendar month per 100 circuits
CALCULATION - [Count of network trouble reports DIVIDED
BY (Total Resold circuits DIVIDED BY 100)]
PAGE 18 OF 21
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
by DDS, DS1, DS3, Voice Grade Private Line (VGPL) and
ISDN and any other services available for resale
BENCHMARK - EQUAL TO SWBT's OWN
6.11 DIRECTORY ASSISTANCE (DA) AND OPERATOR SERVICES (OS)
6.11.55 MEASUREMENT - Directory Assistance Grade Of Service
DEFINITION - % of directory assistance calls answered
< 1.5, < 2.5, > 7.5, > 10.0, > 15.0, > 20.0, and > 25.0
seconds
CALCULATION - Calls answered within "X" seconds DIVIDED
BY total calls answered
REPORT STRUCTURE - Reported for the aggregate of SWBT
and CLECs
BENCHMARK - Not required (Aggregate measurement)
6.11.56 MEASUREMENT - Directory Assistance Average Speed Of
Answer
DEFINITION - The average time a customer is in queue.
The time begins when the customer enters the queue and
ends when the call is answered by a SWBT representative
CALCULATION - Total queue time DIVIDED BY total calls
REPORT STRUCTURE - Reported for the aggregate of SWBT
and CLECs
BENCHMARK - Not required (Aggregate measurement)
6.11.57 MEASUREMENT - Operator Services Grade Of Service
DEFINITION - % of operator services calls answered
< 1.5, < 2.5, > 7.5, > 10.0, > 15.0, > 20.0, and > 25.0
seconds
CALCULATION - Calls answered within "x" seconds DIVIDED
BY total calls answered
REPORT STRUCTURE - Reported for the aggregate of SWBT
and CLECs
BENCHMARK - Not required (Aggregate measurement)
6.11.58 MEASUREMENT - Operator Services Average Speed Of Answer
DEFINITION - The average time a customer is in queue.
The time begins when the customer enters the queue and
ends when the call is answered by a SWBT representative
CALCULATION - Total queue time DIVIDED BY total calls
Structure - Reported for the aggregate of SWBT and CLECs
BENCHMARK - Not required (Aggregate measurement)
6.11.59 MEASUREMENT - Percent Calls Abandoned
DEFINITION - The percent of calls where the customer
hangs up while the call is in queue
CALCULATION - (Number of calls abandoned DIVIDED BY
number of operator positions requested) * 100
PAGE 19 OF 21
REPORT STRUCTURE - Reported for CLEC and SWBT in the
aggregate
BENCHMARK - Not required (Aggregate measurement)
6.11.60 MEASUREMENT - Percent Calls Deflected
DEFINITION - The percent of calls that are received and
are unable to be placed in queue
CALCULATION - (Number of calls deflected DIVIDED BY
number of operator positions requested) * 100
REPORT STRUCTURE - Reported for CLEC and SWBT in the
aggregate
BENCHMARK - Not required (Aggregate measurement)
6.11.61 MEASUREMENT - Average Work Time
DEFINITION - the average number of seconds an operator
spends handling a customer's request for assistance in
obtaining a telephone number, placing a call at the
customer's request or in a position busy state. The
Average Work Time normally begins when the customer
connects to an operator position and ends when the
operator position releases the customer after serving
his/her request.
CALCULATION - Sum (Time operator position releases
customer - time customer connects to an operator
position) DIVIDED BY calls
REPORT STRUCTURE - Reported for CLEC and SWBT in the
aggregate
BENCHMARK - Not required (Aggregate measurement)
6.11.62 MEASUREMENT - Non-Call Busy Work Volumes
DEFINITION - The amount of time in CCS (Centum Call
Second) that an operator has placed their position in
make busy or in a position busy state
CALCULATION - Sum (Time operator position in busy state
- time operator removed position from busy state)
REPORT STRUCTURE - Reported for CLEC and SWBT in the
aggregate
BENCHMARK - Not required (Aggregate measurement)
6.14 911
6.14.63 MEASUREMENT - Average Time To Clear Errors
DEFINITION - The average time it takes to clear an error
after it is detected during the processing of the 911
database file. The clock will start upon receipt of the
error file and end when the error is corrected. This is
only on resale orders that SWBT installs.
CALCULATION - sigma(Date and time error detected -
date and time error cleared) DIVIDED BY total number of
errors
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT'S OWN
PAGE 20 OF 21
6.14.64 MEASUREMENT - Percent Accuracy 911 Database Updates
DEFINITION - The percent of 911 records that were
updated by SWBT in error
CALCULATION - (Number of SWBT caused update errors
DIVIDED BY total number of updates) * 100
REPORT STRUCTURE - CLEC, all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT'S OWN
6.17 DIRECTORY ASSISTANCE DATA BASE
6.17.65 MEASUREMENT - Percent DA Database Accuracy For Manual
Updates
DEFINITION - The percent of DA records that were updated
by SWBT in error. The data required to calculate this
measurement will be provided by the CLEC. The CLEC will
provide the number of records transmitted and the errors
found. SWBT will verify the records determined to be in
error to validate that the records were input by SWBT
incorrectly.
CALCULATION - (Number of SWBT caused update errors
DIVIDED BY total number of updates) * 100
REPORT STRUCTURE - Reported by CLEC and all CLECs for
facility based providers
BENCHMARK - 97% accuracy for DA database updates for the
manual DA process
6.17.66 MEASUREMENT - Percent of Electronic Updates that flow
Through the DSR Process Without Manual Intervention
DEFINITION - Percent of DSRs from entry to distribution
that progress through SWBT ordering systems to ALPS/LIRA
CALCULATION - (Number of DSRs that flow through to
ALPS/LIRA DIVIDED BY total LSRs)* 100
REPORT STRUCTURE - CLEC and all CLECs
BENCHMARK - 97%
6.19 NXX
6.19.67 MEASUREMENT - Percent NXXs Loaded And Tested Prior To
The LERG Effective Date
DEFINITION - The percent of NXXs loaded and tested prior
to the LERG effective date
CALCULATION - (Count of NM loaded and tested by LERG
date DIVIDED BY total NXXs loaded and tested) * 100
REPORT STRUCTURE - Reported by CLEC, all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT's OWN
PAGE 21 OF 21
6.19.68 MEASUREMENT - Average Delay Days For NXX Loading And
Testing
DEFINITION - Average calendar days from due date to
completion date on company missed NXX orders
CALCULATION - Sum (Completion date - LERG date)
DIVIDED BY (number of orders)
REPORT STRUCTURE - Reported for CLEC, all CLECs and
SWBT
BENCHMARK - Equal to SWBT's own
6.19.69 MEASUREMENT - Mean Time To Repair
DEFINITION - Average calendar days from due date to
completion date on company missed NXX orders
CALCULATION - Sum (Completion date - LERG date)
DIVIDED BY (number of orders)
REPORT STRUCTURE - Reported for CLEC, all CLECs and SWBT
BENCHMARK - EQUAL TO SWBT'S OWN
7.0 APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
7.1 This appendix, and every service provided hereunder, shall be
subject to all rates, terms and conditions contained in this
Agreement or any other appendices or attachments to this
Agreement which are legitimately related to such service; and
all such rates, terms and conditions are incorporated by
reference herein and as part of every service provided
hereunder. Without limiting the general applicability of the
foregoing, the following terms and conditions of the General
Terms and Conditions are specifically agreed by the Parties to
be legitimately related to, and to be applicable to, each
service Provided hereunder: definitions, interpretation and
construction, notice of changes, general responsibilities of the
Parties, effective date, terra, termination, disclaimer of
representations and warranties, changes in end user local
exchange service provider selection, severability, intellectual
property, indemnification, limitation of liability, force
majeure, confidentiality, disputed amounts, dispute resolution,
intervening law and miscellaneous.
