20040913Application.pdf

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BEFORE THE IDAHO PUBLIC VTILITIE
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In the Matter of the Application of
CENTURYTEL OF IDAHO, INC.
CENTURYTEL OF THE GEM STATE
INC. and VERIZON WIRELESS for
Approval of a Negotiated Interconnection
and Reciprocal Compensation Agreement
Pursuant to 47 V.C. 252(e)
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APPLICATION FOR APPROV AL OF NEGOTIATED AGREEMENT
Pursuant to Section 252(e) of the Federal Telecommunications Act of
1996, CenturyTel of Idaho, Inc. and CenturyTel of the Gem State, Inc., (collectively
CenturyTel") and V erizon Wireless hereby request that the Commission approve the
attached negotiated Interconnection and Reciprocal Compensation Agreement
Agreement"). In support of this application, CenturyTel and Verizon Wireless (the
Parties ) state as follows:
CenturyTel is engaged in the business of furnishing telecommunications
services, including, but not limited to basic local exchange service within the State of
Idaho.
Verizon Wireless is authorized to provide commercial mobile radio
service ("CMRS") in designated locations in the State of Idaho.
The designated representative of each Party, for purposes of responding to
inquiries in this matter is:
APPLICATION FOR APPROVAL OF
NEGOTIATED AGREEMENT
Page
For CenturyTel:
Jackie Phillips
Regional Director-Carrier Relations
CenturyTel
805 Broadway
Vancouver, W A 98660
[phone] (Voice)
[phone] (Facsimile)
For Verizon Wireless:
Verizon Wireless
Attn: John L. Clampitt
2785 Mitchell Drive, MS 7-
Walnut Creek, CA 94598
[phone] (Voice)
[phone] (Facsimile)
The Agreement, a copy of which is attached hereto, was voluntarily
negotiated between the Parties. It provides for the interconnection of the network
facilities of each Party for the purposes of terminating local telecommunications traffic
that originates on the other Party s network. The Parties submit that the Agreement is
consistent with the public interest in that it will facilitate the ability of the Parties
customers to communicate with each other.
The Parties submit that the Agreement does not discriminate against any
telecommunications carrier not a party to the Agreement.
APPLICATION FOR APPROVAL OF
NEGOTIATED AGREEMENT
Page 2
NOW THEREFORE, the undersigned on behalf of the Parties requests that the
Commission approve the Agreement pursuant to 47 V.C. Section 252(e)(1).
Respectfully submitted this 8th day of September, 2004.
CENTURYTEL OF IDAHO, INC.
CENTURYTEL OF THE GEM STATE, INC.
Calvin~. 1m shaw
Assoc. General Counsel
CenturyTel
805 Broadway
Vancouver, W A 98660
[phone] (Voice)
[phone] (Facsimile)
APPLICATION FOR APPROVAL OF
NEGOTIATED AGREEMENT
Page 3
INTERCONNECTION AND RECIPROCAL
COMPENSATION AGREEMENT
By and Between
CENTURYTEL OF THE GEM STATE, INC.
CENTURYTEL OF IDAHO, INC.
And
VERIZO N WIRELES S
In the State of Idaho
Verizon Wireless Final Agreement (072704)
Table of Contents
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
DEFINITIONS. .......... ............... ..................................... ...............
........................................................... .......
RURAL TELEPHONE COMPANY. .............................................................................................................
TRAFFIC INTERCHANGED. ....................................................................................................................... 6
FACILITIES.................................................................................................................................................... 7
RATES AND CHARGES. ..............................................................................................................................
BILLING AND PAYMENT OF CHARGES. ................................................................................................
NON-LOCAL TELECOMMUNICATIONS TRAFFIC. ..............
............................................... ............ .....
1 0
CREDIT ALLOWANCE FOR SERVICE INTERRUPTIONS. ...................................................................
SERVICE ORDERS. ....................................................................................................................................
IMPAIRMENT OF SERVICE......................................................................................................................
RESOLUTION. .....
......................................................... .................................. ........... ..................................
TROUBLE REPORTING. ............................................................................................................................
TERM AND TERMINATION......................................................................................................................
LIABILITY UPON TERMINATION. ..... ..........................
...... ... ..................................................................
AMENDMENTS.. ........... ............
........................................... ....................................... .... ........................... .
ASSIGNMENT. . ............................ ....................................
.................................................. ........... ..............
AUTHORITY............................................................................................................................................... .
BINDING EFFECT. ........................................................... ..............
....... .......................... ............................
COMPLIANCE WITH LAWS AND REGULATIONS. ..............................................................................
ENTIRE AGREEMENT. .................. ..................
............... .... .......... ....... ...................... ................................
EXPENSES. ................................................................................................................................................. .
FORCE MAJEURE. .......................... ........................ ............... ........
....... ......................................................
GOVERNING LAW. ....................................................................................................................................
INDEPENDENT CONTRACTOR RELATIONSHIP. ..........
........ ......... ............................................. ....... ..
LIABILITY AND INDEMNITY. .................................................................................................................
25.Indenmification............ ........... ..................
............... ...... ......................... ................... ............. ......... ...
25.End User and Content-Related Claims. ..............................................................................................
25.Disclaimer............ ............................................. .......
...... ...... ......... ....... ................... ....... .................. ...
25.Limitation of Liability ........................................................................................................................
DISPUTE RESOLUTION. ...........................................................................................................................
26.Alternative to Litigation. ....................................................................................................................
26.Negotiations. ...................................... .................................. .........
.............. ....................................... .
26.Arbitration. .........................................................................................................................................
26.Expedited Arbitration Procedures.......................................................................................................
26.Costs. ..................................................................................................................................................
26.Continuous Service. ............................................................................................................................
CONFIDENTIAL INFORMATION. ............................. ................ .................................................
..... .........
27.Identification...................................... ........................................ .................... .................................... .
27.Handling. ..................... .............................................................. ......................................... ............ ....
27.Exceptions. .........................................................................................................................................
27.Survival. .... ....
...................................... ......... ........................ ................... ........... ................... ........... ...
NOTICES. ......... ............... ......
............ ...................... ........... .................. ... ........ .......................... ...................
REGULATORY AGENCY CONTROL.......................................................................................................
SEVERABILITY. ........................................................................................................................................ .
NO THIRD PART BENEFICIARIES .......................................................... ........................
........ ....... ..... ....
26.
27.
28.
29.
30.
31.
SIGNATURE PAGE .......................................................... .............
........... ......... .......................................... .........
ATTACHMENT I RATES AND FACTORS.............................................................................
ATTACHMENT II - AFFILIATES AND CENTURYTEL LOCAL CALLING AREA....
...................... ....
This Interconnection and Reciprocal Compensation Agreement ("Agreement"), is entered into by
and between CenturyTel of the Gem State, Inc., and CenturyTel of Idaho, Inc. (collectively
CenturyTel") and the V erizon Wireless entities on the signature block (collectively "VZW"
(individually, "Party" or collectively, "the Parties
WHEREAS, VZW is authorized by the Federal Communications Commission ("FCC") to
provide CMRS as defined in Section 1.5 of this Agreement and provides such service to its end user
customers and operating wireless affiliates; and
WHEREAS, CenturyTel is a certified provider of local exchange service; and
WHEREAS, VZW terminates Local Traffic that originates from CenturyTel's subscribers
and CenturyTel terminates Local Traffic that originates from VZW's subscribers; and
WHEREAS, VZW may request a point of direct interconnection in the CenturyTel service
areas, or may indirectly interconnect with CenturyTel's network via a third party Tandem Switch;
and
WHEREAS, the Parties wish to establish a reciprocal compensation and interconnection
arrangement that compensates both Parties for terminating Local Traffic that originates on the other
Party s network.
NOW, THEREFORE, IN CONSIDERATION of the covenants contained herein, the Parties
hereby agree as follows:
DEFINITIONS.
1.1 Act means the Communications Act of 1934 as amended by the
Telecommunications Act of 1996.
1.2 An "Affiliate" of a Party means a person, corporation, or other legal entity that
directly or indirectly, owns or controls a Party, or is owned or controlled by, or is
under common ownership or control with a Party. For purposes of this definition
the term "own" means to have a ten (10) percent or greater ownership interest in or
voting control of interests in, such corporation or other legal entity.
1.3 Business Day means any weekday other than a Saturday, Sunday, or holiday on
which the U.S. Mail is not delivered.
1.4 Central Office" means a switching facility from which Telecommunications
Services are provided, including, but not limited to:
(a)An "End Office Switch" or "End Office" is used among other things, to
terminate telecommunications traffic to end user subscribers.
(b)A "Tandem Switch" or "Tandem Office" is a switching facility that is used to
interconnect trunk circuits between and among End Office Switches
aggregation points, points of termination, or points of presence.
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
(c)A "Mobile Switch Center" or "MSC" is a switching facility that provides
Tandem and/or End Office switching capability.
CMRS " means Commercial Mobile Radio Service as defined in the Act and 47
R. ~ 20.
Commission" refers to the Idaho Public Utilities Commission.
Common Channel Signaling" or "CCS" means a high-speed, specialized packet
switched communications network that is separate (out-of-band) from the public
packet-switched and message networks. CCS carries addressed signaling messages
for individual trunk circuits and/or database-related services between Signaling
Points in the CCS network using SS7 signaling protocol.
Information Access Traffic means the provision of specialized exchange and
exchange access telecommunications services in connection with the origination
termination, transmission, switching, forwarding, or routing of Information Service
traffic to or from the facilities of an ISP. The term Information Access Traffic does
not include transmission of voice telecommunications traffic regardless of whether it
is delivered to an ISP and regardless of whether it is carried at any point on facilities
via Internet protocol. .
Information Service Provider asB means a provider of Information Service, as
defined in 47 U.C. 153(20). Information Service Provider includes, but is not
limited to, Internet Service Providers.
Interconnection as defined in 47 C.~51.5 , is the physical linking of two
networks for the mutual exchange of traffic. This term does not include the
Transport and Termination of traffic
Interconnection Facilities - For CenturyTel those facilities between the
CenturyTel Central Office switch and the POI; for VZW, those facilities between the
VZW MSC and the POI.
Local Exchange Carrier" or "LEC" is as defined in 47 U.~153 (26).
Local Exchange Routing Guide or "LERG" means the Telcordia reference
customarily used to identify NP A-NXX routing and homing information.
Local Traffic" is telecommunications traffic, that originates and terminates within
the same major trading area ("MTA"), as defined in 47 C.R. ~ 24.202(a). For
purposes of determining whether traffic originates and terminates within the same
MT A, and therefore whether the traffic is local, the location of the landline end user
and the location of the cell site that serves the mobile end user at the beginning of the
call shall be used. Local Traffic includes mandatory expanded local calling area
plans such as Extended Area Service ("EAS"). Local Traffic excludes Information
Access Traffic, Information Service Providers Traffic (e., 900-976, etc.), inter-
MT A, and paging traffic.
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
POI" means the mutually agreed upon point of interconnection between CenturyTel
and VZW where the Parties establish interconnection and exchange traffic. The POI
for direct interconnection to a CenturyTel Tandem or End Office shall be within
CenturyTel's local exchange service area.
PSTN" means the Public Switched Telephone Network.
Reciprocal Compensation Credit" means a monetary credit for wire line to wireless
traffic that is originated by an end user of CenturyTel and terminates to an end user
subscriber ofVZW within the MTA.
Tandem Switching is when CenturyTel provides switching and transport at a
CenturyTel Tandem Switch for traffic between VZW and an End Office subtending
the CenturyTel Tandem Switch.
Telecommunication Services shall have the meanIng set forth in 47 USC
153(46).
Termination" means the switching of Local Traffic at the terminating carrier
Central Office, or functionally equivalent facility, and the delivery of such traffic to
the called party.
Transiting is when CenturyTel provides Tandem Switching at a CenturyTel
Tandem Switch for traffic between VZW and a non-CenturyTel End Office
sub tending the CenturyTel Tandem Switch.
Transport"means the transmission and any necessary Tandem Switching by a Party
of Local Traffic from the POI between the Parties, which POI may be via the transit
services provided by another carrier, to the terminating carrier s Central Office, or
functionally equivalent facility, that directly serves the called party.
Type 2 Wireless Interconnection" is a trunk interconnecting the LEC Central Office
with a CMRS Provider s Mobile Switching Center. This type of connection may
only be used for exchanging Local Traffic or terminating wireless to wireline
interMTA traffic.
Type 2A: is trunk interconnection between a LEC Tandem Switch and a
CMRS Provider Mobile Switching Center. Through this interface, VZW can
connect to Century Tel's End Offices and non-CenturyTel End Offices that
subtend the CenturyTel Tandem Switch.
ii)Type 2B: is a trunk interconnection between a LEC End Office and a CMRS
Provider Mobile Switching Center. This interconnection will only provide
access to numbers residing in the LEC End Office to which the
interconnection is made, including EAS served by the LEC End Offices.
RURAL TELEPHONE COMPANY.
CenturyTel asserts that it is a "rural telephone company" as that term is defined in the Act
47 U.C. ~ 153. CenturyTel further asserts that, pursuant to Section 251(f)(1) of the Act
CenturyTel is exempt from Section 251 (c) of the Act. Notwithstanding such exemption
CenturyTel has entered into and accepted this Agreement for purposes of exchanging traffic
as defined herein, with VZW. CenturyTel's execution of this Agreement does not in any
way constitute a waiver or limitation of CenturyTel's rights under Section 251(f)(1) or
251(f)(2) of the Act. Accordingly, CenturyTel expressly reserves the right to assert its right
to an exemption or waiver and modification of Section 251 (c) of the Act, in response to
other requests for interconnection by VZW or any other carrier.
TRAFFIC INTERCHANGED.
3.3
The traffic subject to this Agreement shall be that Local Traffic which originates
from a subscriber on the network of one Party and is delivered to a subscriber on the
network of the other Party via a Type 2 Wireless Interconnection through direct
Interconnection Facilities3.2 This Agreement also addresses the Parties' reciprocal
compensation obligations as described in Section 251 (b)( 5) of the Act and the
exchange of Local Traffic between the Parties' respective networks which is
delivered via a third party Tandem Switch where there is no direct connection
between VZW and CenturyTel.
The Parties may exchange Local Traffic through an indirect interconnection via a
common third party access tandem provider. The originating Party will
responsible for payment of any transit charges (including Tandem Switching)
assessed by the third party carrier for use of the third party carrier s tandem switch
and facilities for the exchange of Local Traffic. The Parties agree that if and at such
time as the Commission enters a final, binding, and non-appealable order ("Final
Commission Order ) determining that payment for transiting charges for the
exchange of Local Traffic is to be made by a Party different than the Party on whose
network the call originates, the Parties shall compensate each other in accordancewith the Final Commission Order retroactive to the effective date of the Final
Commission Order.
In the case where the Parties exchange Local Traffic indirectly through a common
third party tandem, if traffic volumes grow to a point where it necessitates a direct
Type 2 Wireless Interconnection between CenturyTel and VZW or if such a directType 2 Wireless Interconnection is otherwise required, then CenturyTel and VZW
shall establish a POI within CenturyTel's local exchange serving area.
CenturyTel will recognize VZW's NPA-NXXs that are assigned in the LERG to a
rate center located in CenturyT el's exchange or EAS calling area as Local Traffic as
set forth on Attachment ll. Calls to such NP A - NXXs will be at rates no less
favorable than calls by CenturyTel's customers to other NP A-NXXs within the same
rate center.
FACILITIES.
Each Party shall construct, equip, maintain, and operate its network in accordance with good
engineering practices for telephone systems and in compliance with all applicable rules and
regulations, as amended from time-to-time, of any regulatory body empowered to regulate
any aspect of the facilities contemplated herein. Where appropriate and consistent with
industry practices and upon reasonable notice, each Party shall make the necessary
arrangements to assure the other Party access to the POI for testing, maintenance, repairing,
and removing Interconnection Facilities.
When ordered by VZW, CenturyTel shall provide interconnection circuits of a quality
comparable to that provided to any other interconnected Local Exchange Carrier or to
private branch exchanges between the CenturyTel Central Office and the POI, located in
CenturyTel's local exchange serving area. CenturyTel shall not be responsible for providing
Interconnection Facilities, or paying for the cost of such Interconnection Facilities, on
VZW's side of the POI or, when the Parties are connected directly, anywhere outside of the
boundaries of CenturyTel's service territory. CenturyTel and VZW will jointly determine
the interconnection circuit design and routing as well as the selection of the switching center
from which service will be provided.
CenturyTel shall provide dedicated private line circuits between VZW's Mobile Switching
Center, remote cell sites, and control points, when ordered by VZW. When ordering these
circuits, VZW shall specify the originating and terminating points for such circuit, the
bandwidth required, the transmission parameters and such other information as CenturyT el
may reasonably require in order to provide the circuits. CenturyTel and VZW will jointly
determine the design and routing of these circuits, taking into account standard CenturyTeland VZW traffic engineering methods, the availability of facilities and equipment and
CenturyTel's traffic routing plans.
It shall be the responsibility of each Party to program and update its own switches and
network systems pursuant to the LERG guidelines to recognize and route traffic to the other
Party s assigned NXX codes. Neither Party shall impose any fees or charges whatsoever on
the other Party for such activities.
The Parties expect that, where feasible, traffic will be delivered to each involved networkwith CCS/SS7 protocol and the appropriate ISUP/TCAP message to facilitate full
interoperability and billing functions. In-band signaling may be used if CCS/SS7 is not
available.
RATES AND CHARGES.
The Parties hereby agree to the following rates for the facilities and services to beprovided pursuant to this Agreement. The Parties acknowledge this Agreement
cannot be implemented until it is duly approved by the Commission.
Facilities Rates
5.3
1. Interconnection Facilities The rates for these facilities if provided by
CenturyTel, are specified in CenturyTel's Interstate
Special Access Tariff.
2. Local Network Usage (TandemlEnd Office)
The Parties agree to compensate each other for the
terminating of Local Traffic that originates on the
other Party'network. The reciprocal Local
Network Usage rate is identified in Section 2(A) of
Attachment I.
3. Transiting For VZW's Local Traffic that is transported to non-
CenturyTel End Offices via a CenturyTel Tandem
Switch, VZW will compensate CenturyTel for the
tandem switched traffic between VZW and the non-
CenturyT el end office company at rates defined in
Section 2 (B) of Attachment I. By transporting
traffic to non-CenturyTel End Offices via a
CenturyTel Tandem Switch VZW assumes any
responsibility for terminating compensation to the
non-CenturyTel End Office Company.
4. Indirect Interconnection Local Traffic that originates on either Party'
network and terminates on the other Party s network
transiting a third party tandem to which both Parties
are interconnected will be charged at the Local
Network Usage rates set forth in Attachment
Section 2 (A).
Where Interconnection Facilities are used for two-way traffic, the applicable
recurring charges (if any) will be reduced by a percentage equal to the percentage of
traffic on such Interconnection Facilities that originates on CenturyTel's network and
terminates on VZW's network. This percentage is referred to as the Land to Mobile
Traffic Factor on Attachment I. The Parties agree that, at either Party s request, the
Parties will review the Traffic Factor percentages based on actual usage. The new
Traffic Factor will be based on actual traffic patterns during a six (6) month study.Any change to the Traffic Factors will thereafter be effective as agreed to by the
Parties. The Parties agree that a review of the Traffic Factors will not occur more
than once in any twelve-month period.
The Parties will exchange billing information on a monthly basis. CenturyTel will
prepare its bill in accordance with its existing CABS billing systems. VZW does not
cUlTently have its own billing system and will be compensated by CenturyTel for
Interconnection Facilities and Local Traffic Usage by using a Reciprocal
Compensation Credit until such time VZW can provide billing, either by Minutes Of
Use (MOUs), by NP A-NXX and OCN, or by CLL!. The Parties will make an effort
to conform to current and future OBF (CABS BOS) standards, insofar as
reasonable. In the event that neither Party is capable of measuring, or has access to a
measurement of traffic originating on CenturyTel's network, the charge to VZW for
Local Traffic Network Usage and Interconnection Facilities shall be based upon
mutually agreed upon assumed Traffic Factors. The initial Traffic Factors are set
forth in Section 3 (A) of Attachment I.
For purposes of billing compensation for the interchange of Local Traffic, billed
minutes will be based upon conversation time. Conversation time will be determined
from actual usage recordings. Conversation time begins when the originating Party
network receives answer supervision and ends when the originating Party s network
receives disconnect supervision.
BILLING AND PAYMENT OF CHARGES.
Nonrecurring charges will be billed upon completion of the work activity for which the
charge applies; monthly recurring charges will be billed in advance; and Local Network
Usage will be billed in arrears. All bills will be due thirty (30) days from the billing date
and will be considered past due forty-five (45) calendar days after the bill date. The Parties
agree that they will each make a good faith effort to resolve any billing dispute.
If any undisputed amount due on the billing is not received by the billing Party by the
payment due date, the billing Party may charge, and the billed Party agrees to pay, a late
payment interest charge on the past due balance at a rate equal to the lesser of one and one-
half percent (1 Y2 %) per month or the maximum non usurious rate of interest under
applicable law. Late payment interest charges shall be included on the next invoice. The
late payment interest charge is conditioned upon the billing Party delivering an invoice to
the billed Party within eight (8) calendar days of the billing date.
If any portion of an amount due to a billing Party under this Agreement is subject to a bona
fide dispute between the Parties, the billed Party shall within forty-five (45) days of its
receipt of the invoice containing such disputed amount give written notice to the billing
Party of the amounts it disputes ("Disputed Amounts ) and include in such written notice
the specific details and reasons for disputing each item. The billed Party shall pay when due
all undisputed amounts to the billing Party. Within thirty (30) days of final determination of
the dispute, the balance of the Disputed Amount shall thereafter be paid with interest from
the date such amount was due when originally invoiced through the payment date at a rate
equal to the lesser of one and one-half percent (1 Y2 %) per month or the maximum rate
allowable by law.
The billing Party shall charge and collect from the billed Party, and the billed Party agrees to
pay to the billing Party, appropriate federal, state, and local taxes where applicable, exceptto the extent the billed Party notifies the billing Party and provides appropriate
documentation that the billed Party qualifies for a full or partial exemption.
Back billing or revised billing for all services, including Interconnection Facilities if
applicable, provided pursuant to this Agreement may be billed for up to twelve (12) months
after the date the services or Interconnection Facilities were furnished, provided that
notification of a billing problem with respect to such service is provided. Neither Party will
bill the other Party for previously unbilled charges that are more than one-year prior to the
current billing date.
NON-LOCAL TELECOMMUNICATIONS TRAFFIC.
The Parties contemplate that they may exchange non- Local Traffic that originates or
terminates to VZW end users with telephone numbers assigned to a rate center within the
VZW MTA over the Interconnection Facilities provided for under this Agreement. The
Party sending such traffic onto such Interconnection Facilities will report to the other Party
that traffic, if any, which is non-Local in nature. Compensation for non-Local Traffic shall
be subject to interstate access rates.
When the Parties provide an access service connection between an interexchange carrier
IXC") and each other, each Party will provide its own access services to the IXC. Each
Party will bill its own access services rates to the IXC pursuant to the procedures described
in Multiple Exchange Carrier Access Billing ("MECAB") document SR-BDS-OOO983, issue
, June 1994. The Parties shall provide to each other the Switched Access Detail Usage
Data and the Switched Access Summary Usage Data to bill for jointly provided switched
access service, such as switched access Feature Groups B and D. The Parties agree to
provide this data to each other at no charge.
If the procedures in the ME CAB document are amended or modified, the Parties shall
implement such amended or modified procedures within a reasonable period of time. Each
Party shall provide the other Party the billing name, billing address, and carrier identification
code ("CIC") of the IXCs that may utilize any portion of either Party s network in an
VZW/CenturyTel Meet-Point Billing ("MPB") arrangement in order to comply with the
MPB notification process as outlined in the MECAB document.
CREDIT ALLOWANCE FOR SERVICE INTERRUPTIONS.
Credit allowance for interruption of services experienced by VZW, provided under this
Agreement shall be governed by terms and conditions set forth in CenturyTel's access
tariffs.
SERVICE ORDERS.
VZW shall order Interconnection Facilities on a per-circuit basis and shall specify at the
time the circuit is ordered the date on which VZW desires that the service be provided.
CenturyTel will process such orders in accordance with its normal procedures for the
installation of comparable circuits and will advise VZW whether or not it can meet the
service date requested by VZW and, if not, the date by which service will be provided. If
VZW wishes that the service be provided at an earlier date, CenturyT el will makereasonable efforts to meet VZW's request on the condition that VZW agrees to reimburse
CenturyTel for all additional costs and expenses, including but not limited to overtime
charges, associated with providing service at the earlier date.
10.IMPAIRMENT OF SERVICE.
The characteristics and methods of operation of any circuits, facilities, or equipment of
either Party connected with the circuits, facilities, or equipment of the other Party pursuant
to this Agreement shall not interfere with or impair service over any facilities of the other
Party, its affiliated companies, or its connecting and concurring carriers involved in its
services, cause damage to their plant, violate any applicable law or regulation regarding the
invasion of privacy of any communications carried over the Party s facilities, or create
hazards to the employees of either Party or to the public (each hereinafter referred to as an
Impairment of Service
11.RESOLUTION.
If either Party causes an Impairment of Service, the Party whose network or service is being
impaired (the "Impaired Party ) shall promptly notify the Party causing the Impairment of
Service (the "Impairing Party") of the nature and location of the problem and that, unlesspromptly rectified, a temporary discontinuance of the use of any circuit, facility orequipment may be required. The Impairing Party and the Impaired Party agree to work
together to attempt to promptly resolve the Impairment of Service. If the Impairing Party isunable to promptly remedy the Impairment of Service, then the Impaired Party may at its
option temporarily discontinue the use of the affected circuit, facility or equipment.
12.TROUBLE REPORTING.
In order to facilitate trouble reporting and to coordinate the repair of Interconnection
Facilities, trunks, and other interconnection arrangements provided by the Parties under this
Agreement, each Party has established a single point of contact available 24 hours per day,
seven days per week, at telephone and facsimile numbers to be provided by the Parties.Each Party shall call the other at these respective telephone numbers to report trouble with
connection facilities, trunks, and other interconnection arrangements, to inquire as to thestatus of trouble ticket numbers in progress, and to escalate trouble resolution.
Before either Party reports a trouble condition, it must first use its reasonable efforts toisolate the trouble to the other Party s facilities, service, and arrangements. Each Party will
advise the other of any critical nature of the inoperative facilities, service, and arrangementsand any need for expedited clearance of trouble. In cases where a Party has indicated the
essential or critical need for restoration of the facilities, services or arrangements, the otherParty shall use its best efforts to expedite the clearance of trouble.
13.TERM AND TERMINATION.
13.This Agreement shall be effective August 1, 2004, subject to approval by theCommission in accordance with Section 252 of the Act. This Agreement shall havean initial term of two (2) years, unless earlier terminated as provided for in this
Agreement, and shall continue in force and effect thereafter, until replaced another agreement or terminated by either Party upon 90 days' written notice to theother.
13.
13.3
13.4
14.
Notwithstanding a notice of termination, this Agreement shall remain in effect until
replaced by another agreement negotiated or arbitrated between the Parties pursuant
to applicable law within 365 calendar days from the date that the notice of
termination was received. This Agreement shall terminate on the 366th day after the
date that the notice of termination was received if the Agreement has not been
superseded by another agreement.
If this Agreement is terminated without a successor agreement, each Party agrees to
disconnect from each other s network.
This Section 13.1 is subject to Sections 13.2 and 13.3.
Notwithstanding 13., this Agreement shall be terminated in the event that:
the FCC revokes, cancels, does not renew or otherwise terminates VZW'
authorization to provide CMRS in the area served by CenturyT el, or the
Commission revokes cancels, or otherwise terminates CenturyT el ' s
certification to provide local service;
either Party becomes bankrupt or insolvent, makes a general assignment for
the benefit of, or enters into any arrangement with creditors, files a voluntary
petition under any bankruptcy, insolvency or similar laws, or proceedings are
instituted under any such laws seeking the appointment of a receiver, trustee
or liquidator instituted against it which are not terminated within 60 days of
such commencement.
Notwithstanding Section 13., either Party shall have the right to terminate this
Agreement upon written notice to the other Party and the Commission in the event:
a Party is in arrears in the payment of any undisputed amount due under this
Agreement for more than 90 days, and the Party does not pay such sums
within ten business days of the other Party s demand for payment;
a Party is in material breach of the provisions of this Agreement and that
breach continues for a period of thirty days after the other Party notifies the
breaching Party in writing of such breach, including a reasonably detailed
written statement of the nature of the breach.
No actual service disconnection shall occur without prior approval by the
Commission.
LIABILITY UPON TERMINATION.
Termination of this Agreement, or any part hereof, for any cause shall not release either
Party from any liability which at the time of termination had already accrued to the other
Party or which thereafter accrues in any respect due to any act or omission occurring prior to
the termination or from an obligation which is expressly stated in this Agreement to survive
termination.
20.
15.AMENDMENTS.
Any amendment, modification, or supplement to this Agreement must be in writing and
signed by an authorized representative of each Party. The term "this Agreement" shall
include future amendments, modifications, and supplements. Any amendment
modification, or supplement to this Agreement shall be filed with the Commission and
approved by the Commission as may be required by applicable law.
16.ASSIGNMENT.
Any assignment by either Party of any right, obligation, or duty, in whole or in part, or of
any interest, without the written consent of the other Party, which consent shall not be
unreasonably withheld, shall be void, except that either Party may assign all of its rights, and
delegate its obligations, liabilities, and duties under this Agreement, either in whole or in
part, to any entity that is, or that was immediately preceding such assignment, a Subsidiary
or Affiliate of that Party without consent, but with written notification. The effectiveness of
an assignment shall be conditioned upon the assignee s written assumption of the rights
obligations, and duties of the assigning Party. A Party making the assignment shall notify
the Commission and the other Party at least sixty (60) days in advance of the effective date
of the assignment.
17.AUTHORITY.
Each person whose signature appears on this Agreement represents and warrants that he or
she has authority to bind the Party on whose behalf he or she has executed this Agreement.
18.BINDING EFFECT.
This Agreement shall be binding on and inure to the benefit of the respective successors and
permitted assigns of the Parties.
19.COMPLIANCE WITH LAWS AND REGULATIONS.
Each Party shall comply with all federal, state, and local statutes, regulations, rules
ordinances, judicial decisions, and administrative rulings applicable to its performance under
this Agreement.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement of the Parties pertaining to the subject
matter of this Agreement and supersedes all prior agreements, negotiations, proposals, and
representations, whether written or oral, and all contemporaneous oral agreements
negotiations, proposals, and representations concerning such subject matter. No
representations, understandings, agreements, or warranties, expressed or implied, have been
made or relied upon in the making of this Agreement other than those specifically set forth
herein.
21.EXPENSES.
Except as specifically set out in this Agreement, each Party shall be solely responsible for its
own expenses involved in all activities related to the subject of this Agreement.
22.FORCE MAJEURE.
In the event performance of this Agreement, or any obligation hereunder, is either directly or
indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like
acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo
acts of the government in its sovereign capacity, labor difficulties, including without
limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from
vendor, changes requested by the other Party, or any other circumstances beyond the
reasonable control and without the fault or negligence of the Party affected, the Party
affected, upon giving prompt notice to the other Party, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction
, .
interference (and the other Party shall likewise be excused from performance of its
obligations on a day-to-day basis until the delay, restriction or interference has ceased);
provided however, that the Party so affected shall use diligent efforts to avoid or remove
such causes of nonperformance and both Parties shall proceed whenever such causes are
removed or cease.
23.GOVERNING LA W.
This Agreement shall be governed by and construed in accordance with the domestic laws of
the state of Idaho as well as the Telecommunications Act of 1996 and other federal laws
and shall be subject to exclusive jurisdiction of the courts and/or regulatory commission of
su~h state, except to the extent that the Telecommunications Act of 1996 and other federal
laws provide for federal jurisdiction.
24.INDEPENDENT CONTRACTOR RELATIONSHIP.
The persons implementing this Agreement on behalf of each Party shall be solely that
Party s employees or contractors and shall be under the sole and exclusive direction and
control of that Party. They shall not be considered employees of the other Party for any
purpose. Each Party shall remain an independent contractor with respect to the other and
shall be responsible for co~pliance with all laws, rules and regulations involving, but not
limited to, employment of labor, hours of labor, health and safety, working conditions, and
payment of wages. Each Party shall also be responsible for payment of taxes, including
federal, state and municipal taxes, chargeable or assessed with respect to its employees, such
as Social Security, unemployment, workers' compensation , disability insurance, and federal
and state withholding. Each Party shall indemnify the other for any loss, damage, liability,
claim, demand, or penalty that may be sustained by reason of its failure to comply with this
prOVISIon.
25.LIABILITY AND INDEMNITY.
25.1 Indemnification.
Each Party agrees to release, indemnify, defend, and hold harmless the other Party and its
Affiliates, involved in the provision of services or facilities under this Agreement
(collectively, the "Indemnified Parties ) from all losses, claims, demands, damages
expenses, suits, or other actions, or any liability whatsoever, including, but not limited to
costs and attorney s fees, whether suffered, made, instituted, or asserted by any other Party
or person, for invasion of privacy, personal injury to or death of any person or persons, or
for losses, damages, or destruction of property, whether or not owned by others, proximately
caused by the indemnifying Party s negligence or willful misconduct, regardless of the form
of the action.
25.End User and Content-Related Claims.
Each Party agrees to release, indemnify, defend, and hold harmless the Indemnified Parties
from all losses, claims, demands, damages, expenses, suits, or other actions, or any liability
whatsoever, including, but not limited to, costs and attorney s fees, suffered, made
instituted, or asserted by the indemnifying Party s end users against an Indemnified Party
arising from provision of the services or facilities. Each Party further agrees to release
indemnify, defend, and hold harmless the Indemnified Parties from all losses, claims
demands, damages, expenses, suits, or other actions, or any liability whatsoever, including,
but not limited to, costs and attorney s fees, suffered, made, instituted, or asserted by any
third party against an Indemnified Party arising from or in any way related to actual or
alleged defamation, libel, slander, interference with or misappropriation of proprietary or
creative right, or any other injury to any person or property arising out of content transmitted
by the indemnifying Party or the indemnifying Party s end users, or any other act or
omission of the indemnifying Party or the indemnifying Party s end users.
25.Disclaimer.
EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS
AGREEMENT, EACH P ARTY MAKES NO REPRESENTATIONS OR WARRANTIES
TO THE OTHER PARTY CONCERNING THE SPECIFIC QUALITY OF ANY
SERVICES OR FACILITIES PROVIDED UNDER THIS AGREEMENT. EACH PARTY
DISCLAIMS, WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES
OF TRADE.
25.4 Limitation of Liability.
Each Party s liability, whether in tort or otherwise, shall be limited to direct damages, which
shall not exceed the pro rata portion of the monthly charges for the services or facilities for
the time period during which the services or facilities provided pursuant to this Agreement
are inoperative, not to exceed in total each Party s monthly charge to the other Party. Underno circumstance shall a Party be responsible or liable for indirect, incidental" or
consequential damages, including, but not limited to economic loss or lost business or
profits, damages arising from the use or provision of services hereunder.
26.
, ,
DISPUTE RESOLUTION.
26.Alternative to Litigation.
Except as provided under Section 252 of the Act with respect to the approval of this
Agreement by the Commission, the Parties desire to resolve disputes arising out of or
relating to this Agreement without litigation. Accordingly, except for action seeking a
temporary restraining order or an injunction related to the purposes of this Agreement, or
suit to compel compliance with this dispute resolution process, the Parties agree to use the
following alternative dispute resolution procedures with respect to any controversy or claim
arising out of or relating to this Agreement or its breach.
26.Negotiations.
At the written request of a Party, each Party will appoint a knowledgeable, responsible
representative to meet and negotiate in good faith to resolve any dispute arising out of or
relating to this Agreement. The Parties intend that these negotiations be conducted by non-
lawyer, business representatives to resolve the disputes. The location, format, frequency,
duration, and conclusion of these discussions shall be left to the discretion of the
representatives. Upon agreement, the representatives may utilize other alternative dispute
resolution procedures such as mediation to assist in the negotiations. Discussions and
correspondence among the representatives for purposes of these negotiations shall be treated
as confidential information developed for purposes of settlement, exempt from discovery,
and shall not be admissible in the arbitration described below or in any lawsuit without the
concurrence of all Parties. Documents identified in or provided with such communications
which are not prepared for purposes of the negotiations, are not so exempted and may, if
otherwise discoverable, be discovered or otherwise admissible, be admitted in evidence, in
the arbitration or lawsuit.
26.3 Arbitration.
If the negotiations do not resolve the dispute within sixty (60) Business Days of the initial
written request, then either Party may avail itself of any lawful forum to resolve a dispute
arising under this Agreement; provided that upon mutual agreement of the Parties the
dispute may be submitted to binding arbitration by a single arbitrator pursuant to the
Commercial Arbitration Rules of the American Arbitration Association or such other rules
to which the Parties may agree and that the Parties may select an arbitrator outside American
Arbitration Association rules upon mutual agreement. If the Parties agree to submit the
dispute to arbitration, discovery shall be controlled by the arbitrator and shall be permitted to
the extent set out in this section. Each Party may submit in writing to a Party, and that Party
shall so respond to, a maximum of any combination of thirty-five (35) (none of which may
have subparts) of the following: interrogatories, demands to produce documents, or requestsfor admission. Each Party is also entitled to take the oral deposition of one individual of
another Party. Additional discovery may be permitted upon mutual agreement of the
Parties. The arbitration hearing shall be commenced within sixty (60) Business Days of the
demand for arbitration. The arbitration shall be held in Boise, Idaho or in a mutually
agreeable alternative city. The arbitrator shall control the scheduling so as to process the
matter expeditiously. The arbitrator will have no authority to award punitive damages. The
Parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a
written opinion within thirty (30) Business Days after the close of hearings. The times
specified in this section may be extended upon mutual agreement of the Parties or by the
arbitrator upon a showing of good cause. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction, subject to review by the
Commission. The Parties shall submit a copy of each arbitration opinion to the
Commission, the Department of Commerce and the Office of Attorney General, Residential
and Small Business Utilities Division. The arbitrator s decision shall remain in effect unless
the Commission acts within forty-five (45) days to suspend, modify or reject the decision.
26.4 ~edited Arbitration Procedures.
If the issue to be resolved through the negotiations referenced in Section 26.2 directly and
materially affects service to either Party s end user customers, then the period of resolution
of the dispute through negotiations before the dispute is to be submitted to binding
arbitration or any other option shall be five (5) Business Days. Should such a service-
affecting dispute be submitted to arbitration, the arbitration shall be conducted pursuant to
the expedited procedure rules of the Commercial Arbitration Rules of the American
Arbitration Association (i., rules 53 through 56).
26.Costs.
Each Party shall bear its own costs of these procedures. The Parties shall equally split the
fees of the arbitration and the arbitrator or pay their own costs for any other remedy selected.
26.Continuous Service.
The Parties shall continue providing services to each other during the pendency of any
dispute resolution procedure, and the Parties shall continue to perform their obligations
(including making payments in accordance with Section 6) in accordance with this
Agreement.
27.CONFIDENTIAL INFORMATION.
27.Identification.
Either Party may disclose to the other proprietary or confidential customer, technical, or
business information in written, graphic, oral, or other tangible or intangible forms
Confidential Information
).
In order for information to be considered Confidential
Information under this Agreement, it must be marked "Confidential" or "Proprietary," orbear a marking of similar import. Orally or visually disclosed information shall be deemed
Confidential Information only if contemporaneously identified as such and reduced to
writing and delivered to the other Party with a statement or marking of confidentiality within
thirty (30) calendar days after oral or visual disclosure. The following information shall be
deemed Confidential Information, whether or not marked as such: orders for services, usage
information in any form, and Customer Proprietary Network Information ("CPNI") as that
term is defined by the Act and the rules and regulations of the FCC.
27.Handling.
In order to protect such Confidential Information from improper disclosure, each Party
agrees:(a) That all Confidential Information shall be and shall remain the exclusive
property of the Party from whom or from whose representative( s), the
Confidential Information is obtained ("Source
(b)
(c)
27.3
To limit access to such Confidential Information to (1) authorized employees;
(2) counsel; (3) auditors; and (4) such other persons that the other Party
consents to in writing, provided, however, that such consent shall not be
unreasonably withheld. All such employees, counsel, auditors, and other
persons shall have a need to know the Confidential Information for
performance of this Agreement, for negotiation of the interconnection
agreement or for arbitration or other proceedings arising from or related to
the negotiation of the interconnection agreement;
To keep such Confidential Information confidential and to use the same level
of care to prevent disclosure or unauthorized use of the received Confidential
Information as it exercises in protecting its own Confidential Information of a
similar nature;
(d)Not to copy, publish, or disclose such Confidential Information to others or
authorize anyone else to copy, publish, or disclose such Confidential
Information to others without the prior written approval of the Source;
(e)To return promptly any copies of such Confidential Information to the Source
at the conclusion of the negotiations of the interconnection agreement or of
the arbitration or other proceedings arising from or related to the negotiation
of the interconnection agreement; and
(f)To use such Confidential Information only for purposes of fulfilling work or
services performed hereunder, for negotiating the interconnection agreement
or for conducting the arbitration or other proceedings arising from or related
to the negotiation of the interconnection agreement, and for other purposes
only upon such terms as may be agreed upon between the Parties in writing.
Exceptions.
These obligations shall not apply to any Confidential Information that was legally in the
recipient's possession prior to receipt from the Source, was received in good faith from a
Third Party not subject to a confidential obligation to the Source, now is or later becomes
publicly known through no breach of confidential obligation by the recipient, was developed
by the recipient without the developing persons having access to any of the Confidential
Information received in confidence from the source, or that is required to be disclosed
pursuant to subpoena or other process issued by a court or administrative agency having
appropriate jurisdiction, provided, however, that the recipient shall give prior notice to the
Source and shall reasonably cooperate if the Source deems it necessary to seek protective
arrangements.
27.4 Survival.
The obligation of confidentiality and use with respect to Confidential Information disclosed
by one Party to the other shall survive any termination of this Agreement for a period of
three (3) years from the date of the initial disclosure of the Confidential Information.
28.NOTICES.
Any notice to a Party required or permitted under this Agreement shall be in writing and
shall be deemed to have been received on the date of service if served personally, on the
date receipt is acknowledged in writing by the recipient if delivered by regular U.S. mail, or
on the date stated on the receipt if delivered by certified or registered mail or by a courier
service that obtains a written receipt. Notice may also be provided by facsimile, which shallbe effective on the next business day following the date of transmission. The Party
receiving the notice by facsimile will provide written confirmation to the other Party. Any
notice shall be delivered using one of the alternatives mentioned in this section and shall be
directed to the applicable address indicated below or such address as the Party to be notified
has designated by giving notice in compliance with this section:
If to CenturyTel:CenturyT el
Regional Director-Carrier Relations
Attn: Jackie Phillips
805 Broadway
Vancouver, W A 98660
Telephone: [phone]
Facsimile: 360-905-6811
Email: i ackie. phillips~centuryte1.com
With a copy to:CenturyT el
Attn: Division VP-Carrier Relations
100 CenturyTel Drive
Monroe, LA 71203
Telephone: [phone]
Facsimile: 318-388-9072
If to VZW:Verizon Wireless
Charon Phillips, Regulatory Counsel
1300 "Eye" Street NW
Suite 400 West
Washington, D.C. 20005
Telephone: [phone]
Facsimile: 202-589-3750
With a copy to:Verizon Wireless
Attn: John Clampitt
2785 Mitchell Drive, MS 7-
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: 925-279-6621
29.REGULATORY AGENCY CONTROL.
Each Party shall comply with all applicable federal, state, and local laws, rules, and
regulations applicable to its performance under this Agreement. CenturyTel and VZW
further agree that the terms and conditions of this Agreement were composed in order to
effectuate the legal requirements in effect at the time the Agreement was produced.
Notwithstanding anything herein to the contrary, if, as a result of any effective decision
order or determination of any judicial, legislative or regulatory authority with jurisdiction
over the subject matter thereof, it is determined that either Party is not required to furnish
any service, facility, or arrangement, or to provide any benefit required to be furnished or
provided to the other Party hereunder, then a Party may discontinue or alter the provision of
any such service, facility, arrangement or benefit to the extent permitted by any such
decision, order or determination by providing 30 days' prior written notice to the other
Party, unless a different notice period or different conditions are specified in this Agreement
(including, but not limited to, in an applicable tariff or applicable law) for termination of
such service, in which event such specified period and/or conditions shall apply.
This Agreement shall at all times be subject to changes in applicable laws, rules, regulationsand orders or rulings that may be subsequently prescribed by the FCC and/or the
Commission. In the event that any of the rates, terms and/or conditions herein, or any of the
laws or regulations that were the basis or rationale for such rates, terms and/or conditions in
the Agreement are invalidated, modified or stayed by any action of any state or federal
regulatory or legislative bodies or courts of competent jurisdiction, the affected provision
shall be immediately invalidated, modified, or stayed, consistent with the action of the
regulatory agency, legislative body, or court upon the written request of either Party. In
such event, the Parties shall expend diligent efforts to arrive at a written agreement
regarding the appropriate conforming modifications to the Agreement to bring it into
compliance with applicable law. 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.
30.SEVERABILITY.
If any provision of this Agreement is held by a court or regulatory agency of competent
jurisdiction to be unenforceable, the rest of the Agreement shall remain in full force andeffect and shall not be affected unless removal of that provision results in a material change
to this Agreement. If a material change as described in this paragraph occurs as a result of
action by a court or regulatory agency, the Parties shall negotiate in good faith forreplacement language. If replacement language cannot be agreed upon within a reasonable
period, either Party may terminate this Agreement without penalty or liability for such
termination upon written notice to the other Party.
31.NO THIRD PARTY BENEFICIARIES.
This Agreement does not provide any person not a Party, assignee, or successor to this
Agreement, and shall not be construed to provide any such third parties, with any remedy,
claim, liability, reimbursement, cause of action, or other privilege in excess of those existing
without reference to this Agreement. Notwithstanding the foregoing, the Parties agree to
give notice to the Commission of any lawsuit or other proceeding that involves or arises
under this Agreement to ensure the Commission has the opportunity to seek to intervene in
the proceeding on behalf of the public interest.
SIGNATURE PAGE
IN WITNESS WHEREOF, each Party hereto has executed this Agreement to be effective August 1
2004, subject to approval by the Commission in accordance with Section 252 of the Act.
Boise City MSA Limited Partnership
d/b/a Verizon Wireless
By Verizon Wireless (V A W) LLC,
Its General Partner
Idaho RSA No.1 Limited Partnership
d/b/a Verizon Wireless
By Verizon Wireless (V A W) LLC,
Its General Partner
Idaho RSA No.2 Limited Partnership
d/b/a Verizon Wireless
By Verizon Wireless (V A W) LLC,
Its General Partner
Idaho RSA No.3 Limited Partnership
d/b/a Verizon Wireless
By Verizon Wireless (V A W) LLC,
Its General Partner
Verizon Wireless (V A W) LLC,
d/b/a Verizon Wireless
CommNet Cellular License Holding LLC,
d/b/a Verizon Wireless
By Cellular Inc. Financial Corporation
Its Sole Member
Idaho 6 - Clark Limited Partnership
d/b/a Verizon Wireless
By: CommNet Cellular, Inc.
Its General Partner
CenturyTel of the Gem State, Inc.
CenturyTel of Idaho, Inc.
By:By:
AJ\
Name: Robert F. Swaine Name:Guy Miller
Title:Area Vice President - Network Title: Divisional VP - Carrier Relations
Date:t9- jJ-c; Date:~J \~ /~'T
A TT ACHMENT I - RATES AND FACTORS
INTERCONNECTION FACILITY RATES
Direct Connection CenturyTel Interstate Special Access Tariff
VZW will request network interconnection by submitting an Access Service Request ("ASR") for
each Central Office at the time a direct connection is to be established.
LOCAL NETWORK USAGE RATES
Transport and Termination Rate
TandemlEnd Office Rate MOU:018
This rate is reciprocal and symmetrical for Local Traffic exchanged between CenturyTel and VZW
and applies for all Local Traffic MOUs exchanged associated with a CenturyTel End Office.
Transiting Rate
Rate applied per MOU:00852
This rate applies to all Local Traffic MOUs exchanged between VZW and an End Office ofa non-
CenturyTel Local provider through facilities of CenturyTel.
TRAFFIC FACTORS
Traffic Factors:
30%Land to Mobile Traffic Factor
70%Mobile to Land Traffic Factor
100% Total2-way Usage
The Traffic Factors describe the level of local usage originating from one Party and terminating to
the other Party as a percentage of total 2-way Local Traffic exchanged between the Parties. Forexample, a Mobile to Land Traffic Factor of 70% would mean that, of total 2-way Local TrafficMOUs exchanged between CenturyTel and VZW, 70% originated from a VZW wireless end user
customer and terminated to a CenturyTel end user customer. These factors are used to apportion flatrated Direct Interconnection Facilities between the Parties and may be used where needed as a billing
surrogate for Local Network Usage. These factors are subject to change based upon mutually
accepted traffic data as provided in Section 5.2. If factors are not updated semi-annually, the Parties
shall use the last previously established factors. Either measurement that is available (land-to-mobile
or mobile-to-Iand) may be used to calculate the Local Network Usage. The measurement that is
available will be dividied by the percentage it represents (mobile-to-Iand by 70% and land-to-mobileby 30%) to arrive at a quotient representing the total of 100%. The original/actual measurement
available will then be subtracted from the quotient to arrive at the Local Network Usage that cannot
be measured. If the Parties are using factors they may mutually agree to have CenturyTel net the bill
(bill the mobile-to-Iand less the land-to-mobile) or Verizon Wireless may use the bill it receives from
CenturyTel to calculate its bill to CenturyTel, in which case the Verizon Wireless bill will lag theCenturyTel bill by 30 days.
PLU:100%
The Percent Local Usage (pLU) Factor describes the portion of Local Traffic exchanged between the
Parties that is Local Traffic. This factor applies to both originating and terminating MOUs.
ATTACHMENT II - AFFILIATES AND CENTUR YTEL LOCAL CALLING AREA
CenturvTel
CenturyTel of the Gem State, Inc.
CenturyTel of Idaho, Inc.
OCN 4437
OCN 2225
vzw
Verizon Wireless OCN 6565
CURRENT LOCAL CALLING AREA
Verizon Wireless Rate Centers CenturyTel NPAlNXXs
Boise (208) 484, 830, 859,
860, 861 , 866, 869
Bruneau (208) 845Grandview (208) 834
Grasmere-Riddle (208) 759
Emmett (208) 369 Bruneau (208) 845Grandview (208) 834
Grasmere-Riddle (208) 759
Meridian (208) 631, 870, 871 Bruneau (208) 845Grandview (208) 834
Grasmere-Riddle (208) 759
Mountain Home (208) 590, 591 Bruneau (208) 845Grandview (208) 834
Grasmere-Riddle (208) 759
Nampa (208) 880, 899, 989 Bruneau (208) 845Grandview (208) 834
Grasmere-Riddle (208) 759
Twin Falls (208) 320 329 420 5/30/03
421 490,961,969
Richfield (208) 487