20151125Application.pdf

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November 24,2015
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
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Re: Case No.:
Application for Approval Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and two (2) copies of the Interconnection Agreement By and
Between CenturyTel of the Gem State,Inc. dba CenturyLink; CenturyTel of Idaho,Inc. dba
CenturyLink and RCLEC, Inc. for the State of Idatro. Centurylink respectfully requests that this
matter be placed on the Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Sincerely,
ljga
Enclosure(s)cc: Service List
15OO 7tn Avenue, Room 1505
Seattle, Washington 98191
Tel: [phone]
Email: [e-mail]
www.centurylink.com
Josi/G. Addington
Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washington 98191
Telephone: [phone]
Lisa. anderl@centurylink. com
APPLICATION OF CENTURYTEL OF'THE
GEM STATE,INC. dbA CENTURYLINK;
CENTURYTEL OF IDAHO,INC. dba
CENTURYLINK FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT WITH
RCLEC,INC. FOR THE STATE OF IDAHO
PURSUANT TO 47 U.S.C. $252(e)
APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AcnpeupN[ _ I
RCLEC,INC.
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APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
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BEFORE THE IDAHO PUBLIC UTILITIES COMMI'iIT,E.O,
CASE I C-3- T-tS'Oa
CenturyTel of the Gem State, Inc. Dba Centurylink; CenturyTel of Idaho, Inc. dba
CenturyLink ("Centurylink") hereby file this Application for Approval of the Interconnection
Agreement By and Between CenturyTel of the Gem State, Inc. dba Centurylink; CenturyTel of
Idaho, Inc. dba Centurylink and RCLEC, Inc. for the State of Idaho ("Agreement"). The
Agreement with RCLEC, Inc. ("RCLEC") is submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink
1600 7* Ave., Suite 1506
Seattle, WA 98191
Telephone: [phone]
CenturyLink respectfully submits that this Agreement provides no basis for either of
these findings, and, therefore requests that the Commission approve this Agreement
expeditiously. This Agreement is consistent with the public interest as identified in the pro-
competitive policies of the State of Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Agreement will enable
RCLEC to interconnect with CenturyLink facilities and to provide customers with increased
choices among local telecommunications services.
CenturyLink fuither requests that the Commission approve this Agreement without a
hearing. Because this Agreement was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concem other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 24th day of November, 2015.
CENTURYLINK
Lisa A. Anderl
Attorney for Centurylink
APPLICATIoN FoR APPRoVAL oF INTERCoNNECTION AGREEMENT - 2
RCLEC,INC.
CenturyLink
1600 7eAve., Suite 1506
Seattle, WA 98191
Telephone: [phone]
CERTIF'ICATE OT' SERVICE
I hereby certifu that on this 24ft day of November, 2Ol5,I served or caused to be
served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washinglon Street
P.O. Box 83720
Boise, Idaho 83720-0074
Jeff Slater
Title Senior Director - Voice Gateways
20 Davis Drive
Belmont, California 94002
Anita Taff-Rice
Counsel for RCLEC,Inc.
1547 Palos Verdes, #298
Walnut Creek, California 94597
Hand Delivery
U. S. MailXX Overnight Delivery
Facsimile
Email
Hand DeliveryXX U. S. Mail
Overnight Delivery
Facsimile
Email
Hand DeliveryXX U. S. Mail
Overnight Delivery
Facsimile
Email
APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AGREEMENI_ 3
RCLEC,INC.
CenturyLink
1600 7ft Ave., Suite 1506
Seattle, WA 98191
Telephone: [phone]
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AT T,i
?lY
Centurylink*
lnterconnection Agreement
By and Between
CenturyTel of the Gem State, Inc. dba CenturyLink;
CenturyTel of ldaho, lnc. dba CenturyLink
and
RCLEG, !nc.
For the State of
ldaho
DocuSign Envelope lD: 281 5A68C-53FB-4DBA-8A22-41 A4DBS3FSFE
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS .........7
1. GENERAL RULES .......................72. DEF!N|T!ONS................. ...............7
ARTICLE II. GENERAL TERMS AND CONDITIONS ......................25
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APPLICATION OF THESE GENERAL TERMS AND CONDITIONS........ ................25
POSITION OF THE PARTIES
INTENTIONALLY LEFT BLANK....... .............25
REG U LATORY APPROVALS............
EFFECTIVE DATE, TERM AND TERMINATION ..............25
cLEC CERTtFtCAT|ON.............
CHANGES IN LAW
AM EN DMENTS...............
CONTACTS BETWEEN THE PARTIES ........---..-
INTENTIONALLY LEFT BLANK.......
INTENTIONALLY LEFT BLANK....... .-.......35
HEADINGS
INTELLECTUAL PROPERTY ............
LAW ENFORCEMENT
LIABILITY AND INDEMNIFICATION .........39
SUBCONTRACTORS....
NON.EXCLUSIVE REMEDIES.
REFERENCES..........
SUCCESSORS AND ASSIGNS. BINDING EFFECT......
SURVIVAL........
TERRITORY
THIRD.PARTY BENEFICIARIES ...............48
USE OF SERVICE
FEDERAL JURISDICTIONAL AREAS
WITHDRAWAL OF SERVICES.
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ARTTCLE t!!. IMPLEMENTATION ...................50
43. !MPLEMENTATIONPLAN......................50u. sEcuRtw DEPostT .............50
45. START-UP DOCUMENTATTON .................52
46. LETTER OF AUTHORTZATTON (LOA) ......52
ARTTCLE tV. OPERATTONAL TERMS............... ..............54
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STANDARD PRACTICES ,........................ 54
ESCALATTON PROCEDURES........... _......54
!NTENTIONALLY LEFT 8LANK............
CONTACT WITH END USERS
,........................ 54
,........................ 54
ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC.......81
CAPACITY PLANNING AND FORECASTS...--...-. .......,55
BONA FIDE REQUEST (BFR)............56
ORDERING AND PROVISIONING......58
uNtvERsAL SERVTCE FUND.......... ..........65
BILLING AND PAYMENTS/DISPUTED AMOUNTS............ -....--......65
AUDITS..... ..........70
CENTURYLTNK OSS INFORMATION............. ..............71
pRovlsroN oF USAGE DATA .,...............74
CENTURYLINK ACCESS TO INFORMATION RELATED TO CLEC CUSTOMERS...............78
NETWORK MANAGEMENT.............. ........78
MAINTENANCE AND REPAIR ..................79
INTENTIONALLY LEFT BLANK....... .........80
SERVICES COVERED..
NETWORK INTERCONNECTION METHODS .--...--......81
SIGNALINGANDINTERCONNECTIONTRUNKINGREQUIREMENTS....... ......87
INTERCARRIER COMPENSATION -.........93
TRANSIT TRAFFIC
!NTRODUCTION........... ........102
usE oF uNEs......... .............102
INTENTIONALLY LEFT BLANK....... -......106
NETWORK INTERFACE DEVICE...... ......106
LOOP .---...--.......108
INTENTIONALLY LEFT BLANK....... .......115
LOOP MAKE-UP INFORMAT!ON.............. .....__...___.....115
LOCAL CTRCUIT SWITCHING .................11s
DEDTCATED TRANSPORT................. .....115
DARK FIBER TRANSPORT.......
UNE COMBTNATTONS .........119
LINE SPLITT!NG.......... ........124
ROUTINE NETWORK MODIFICATIONS TO CENTURYLINK'S EXISTING NETWORK ...... 124
ARTICLE VI. UNBUNDLED NETWORK ELEMENTS.......... ...........102
ARTTCLE Vil. RESALE ............126
81. LOCAL TELECOMMUNICATIONS SERVIGES PROVIDED FOR RESALE ......126
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cENERAL TERMS AND CONDTTTONS FOR RESALE SERV|CES.......................................126
PRICING ...........127
LIMITATIONS AND RESTRICTIONS ON RESALE ....128
CHANGES IN RETAIL SERVICE.... .........130
REQUIREMENTS FOR SPECIFIC SERVICES. ...........130
PRE-ORDERING AND ORDERING ..-....,.131
ACCESS CHARGES ............132
RESALE OF CLEC',S TELECOMMUNTGATIONS SERVICES................. ...........132
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ARTTGLE Vil. ADDTTIONAL SERV1CES............. .........r33
NUMBER PORTABLIW ......133
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS.OF.WAY .................136
BASTC 911 AND E911 SERVICE.............137
DTRECTORY ASS!STANCE................. ....145
DIRECTORY LISTINGS SERVICE.... .......145
SCOPE OF COLLOCATION TERMS --....149
TERMINATTON OF COLLOCATION SPACE ..............149
coLLocATtoN oPT1oNs................. ......150
DEMARCATION POINT
APPLTCATTON PROCESS ............................. 1 54
PROVISIONING INTERVALS
CONSTRUCTION AND COMMENCEMENT OF BILLING ..............157
EQUIPMENT.......
AUGMENTS AND ADD|TIONS........... .....160
USE OF COMMON AREAS.
co-cARRtER CROSS CONNECTION................. .......'.t62RATES ..............163
CENTURYLTNK SERVICES AND OBLIGAT|ONS.............. ............164
cLEC'S OBLIGATIONS ..................169
BUILDING RlGHTS .........
INDEMNIFICATION ..............176
PARTTAL DESTRUCT!ON............. .-.........177
EMTNENT DOMAIN ...____.......178
BAN KRUPTCY................
ASBESTOS
MISGELLANEOUS _...______.....179
ARTTCLE X. PRTCTNG ...............180
117. GENERAL PRICING TERMS....... ............'t80
118. APPLICABILIry OF OTHER RATES, TERMS AND CONDITIONS....... ............180
119. AppLtCATtON OF NON RECURRING CHARGES............ .............180
120. NON-RECURRTNG CHARGES (NRCS) FOR RESALE SERVICES.......................................181
121. TO BE DETERMTNED (TBD) PRTCES .....181
122. TNDTVTDUAL CASE BASIS PRTCTNG (rCB)........... ......181
ARTTCLE Xl. MTSCELLANEOUS ................183
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123. AUTHORIZATION AND AUTHORIW
124. COUNTERPARTS
S|GNATURE PAGE.... ...................184
TABLE 1. RATES
TABLE 2 . COLLOCATION
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This lnterconnection Agreement is entered into by and between CenturyTel of the Gem State,
lnc. dba CenturyLink; and CenturyTel of ldaho, lnc. dba CenturyLink (CenturyLink), and
RCLEC, lnc., (CLEC) in their capacity as certified providers of local wireline
Telecommunications Service. CenturyLink and CLEC are herein referred to collectively as the
"Parties" and each individually as a "Party'' provided however, that even though this Agreement
refers to the lncumbent Local Exchange Carriers (lLECs) doing business as "CenturyLink" by a
single name, the terms and provisions of this Agreement shall apply separately and
independently with respect to each of such separate, legal, entities, not as a collective group,
and the exercise, assertion, application, waiver or enforcement of each and any of the terms,
obligations, duties, liabilities, rights, privileges or other interests embodied in this Agreement by
or against any of such ILECs shall pertain, in each instance, only with respect to a single,
individual ILEC, and shall not be deemed to apply in an aggregate fashion to any of the other
!LECs who are signatory parties to this Agreement, unless mutually agreed upon in a separate
written instrument executed by each affected entity. This Agreement covers services in the
State of ldaho (State) and only in areas which both Parties are certificated.
WHEREAS, the Parties wish to lnterconnect their local exchange networks for the purposes of
transmission and termination of Local Traffic (as hereinafter defined), so that customers of each
Party can receive calls that originate on the other Party's network and place calls that terminate
on the other Party's network; and
WHEREAS, the Parties desire to exchange such traffic in a technically and economically
efficient manner at defined and mutually agreed upon lnterconnection points; and
WHEREAS, the Parties wish to set forth terms for the purchase of Unbundled Network
Elements, Resale, Additional Services and for Collocation arrangements for the provision of
Telecommunications Services; and
NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
without waiving any reservation of rights set forth herein, CenturyLink and CLEC hereby
covenant and agree as follows:
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ARTICLE I. DEFINITIONS
GENERAL RULES
Unless the context clearly indicates otherwise, the definitions set forth in this
Article of this Agreement shall apply to the entire Agreement and all
attachments incorporated by reference herein into this Agreement. A defined
term intended to convey the meaning stated in this Agreement is capitalized
when used.
Additional definitions that are specific to the matters covered in a particular
Article, attachment or provision may appear in that Article, attachment or
provision. To the extent that there is any difference of interpretation between
a definition set forth in this Agreement and any definition in a specific Article,
attachment or provision, the definition set forth in the specific Article,
attachment or provision shall control with respect to that Article, attachment
or provision.
Capitalized terms that are not otherwise defined in this Article or elsewhere
within the Agreement but are defined in the Telecommunications Act of 1996
(Act) and/or the orders and rules implementing the Act shall have the
meaning set forth in the Act or in such orders and rules.
Terms used in a Tariff shall have the meanings stated in the Tariff.
Unless the context clearly indicates otherwise, any term defined in this
Agreement which is defined or used in the singular shall include the plural,
and any term defined in this Agreement which is defined or used in the plural
shall include the singular.
1.6 The words "shall" and "wil!" are used interchangeably throughout the
Agreement and the use of either indicates a mandatory requirement. The
use of one or the other shall not confer a different degree of right or obligation
for either Party.
DEFINITIONS
911 Service or 911: Basic 911 Service provides a caller access to the appropriate PSAP
by dialing a 3-digit universal telephone number (91 1). As used in this Agreement,
references to 911 Service shall include E911 as defined herein, as appropriate.
911 Service Provider: A 911 Service Provider fumishes systems and support necessary
to enable 9-1-1 calling for one or more PSAPs in a specific geographic area.
911 Trunk: A trunk capable of transmitting a 9-1-1 dialed call to the Selective Router,
and used for the single purpose of transmission of 9-1-1 calls in accordance with
applicable NENA Standards.
Access Service Request (ASR): The Ordering and Billing Forum document designated
by CenturyLink to be used by the Parties to add, establish, change or disconnect
services or trunks for the purpose of providing special access, Switched Access
Services, and lnterconnection.
Access Services: lnterstate and intrastate Switched Access Services, Special Access
and/or Private Line services, as appropriate.
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Act or the Act: The Communications Act of 1934, as amended by the
Telecommunications Act of 1996, and as amended from time to time and codified at 47
U.S.C. SS151, etseq.
ACTL: Access Customer Terminal Location as defined by Telcordia.
Advanced Services: Means intrastate or interstate wireline Telecommunications
Services (including, but not limited to, ADSL, IDSL, xDSL, Frame Relay and Cell Relay)
that rely on packetized, Packet Switched or other technology that enable users to
originate and receive high-quality voice, data, graphics and/or video
Telecommunications using any technology.
Affiliate: Shall have the meaning set forth in 47 U.S.C. 5153.
ALI Database: A database which stores information associated with End User
customers' telephone numbers or Shell Records.
Applicable Law: Shall mean all effective laws, statutes, common law, governmental
regulations, ordinances, codes, rules, guidelines, orders, permits and approvals of any
governmental authority (including, without limitation, the Commission and the FCC) that
relate to the respective rights and obligations of each Party as of the Effective Date or as
subsequently revised.
As-ls Transfer (AlT): The transfer of all Telecommunications Services and features
available for resale that are cunently being provided for a specific account, without the
requirements of a specific enumeration of the services and features on the Local Service
Request (LSR), with all such services being provided as is.
Automated Messaoe Accountinq (AMA): The structure inherent in switch technology
that initially records telecommunication message information. AMA format is contained
in the Automated Message Accounting document, published by Telcordia Technologies
as GR-11OO-CORE, which defines the industry standard for message recording.
Automatic Location ldentification (ALl): A record that includes the subscriber's name
(identified by ANI), street address, Emergency Service Number and other predetermined
information associated with the E911 caller's telephone number, which can be forwarded
to the PSAP for display. Additional telephones with the same number as the calling
party's (secondary locations, off-premise extensions, etc.); will be identified with the
service address of the calling party's listed number.
Automatic Number ldentification (ANl): A telephone number associated with the access
line from which the call originates, used for selective routing and for display at a Public
Safety Answering Point (PSAP) to identify the caller. lt is the key field in the ALI
Database. Any reference to ANI in this Agreement shall be deemed to be inclusive of
pANl, as appropriate.
Bill Date: The date when a CenturyLink service is billed and/or invoiced to a customer.
The Bill Date is generally the date one (1) Day past the billing cycle close date and will
appear on any such bill or invoice.
Bill Due Date: The date that payment for a bill or invoice is due. The Bill Due Date shall
be the date thirty (30) Days from the Bill Date.
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Bona Fide Request (BFR): The process CLEC must use (1) to submit a request to
obtain lnterconnection or access to a Network Element to which CenturyLink is requiredto provide access on an unbundled basis under Applicable Law, but which
lnterconnection or Network Element is new, undefined or not otherwise available under
the terms of this Agreement; (2) when facilities and equipment are not Currently
Available; (3) when CLEC requests that CenturyLink provide lnterconnection or a
Network Element on an unbundled basis that is superior or inferior in quality than those
that CenturyLink provides to itself; and (4) to request certain other services, features,
capabilities or functionality defined and agreed upon by the Parties as services to be
ordered via the BFR process on an individual case basis (lCB).
Business Dav: Monday through Friday, except for company holidays on which
CenturyLink is officially closed for business.
CCXC is an acronym for "Co-carrier cross-connects" which are connections between
CLEC and another collocated Telecommunications Carrier other than CenturyLink within
the same CenturyLink Premises. A CCXC may also be used for purposes of providing
other types of intraoffice cabling connections under circumstances which are delineated
by specific reference to a CCXC within this Agreement.
Central Office (CO): A telephone company Building where customer lines are joined to a
switch or switches for connection to the Public Switched Telephone Network (PSTN).
Central Office Buildinq or Buildinq: Structure (not including a controlled environment
vault (CEV)) housing CenturyLink network equipment that is under the control of
CenturyLink and for which CenturyLink has the right to grant access and/or occupation
by third parties.
Central Office Switch: A switch used to provide Telecommunications Services including
(1) End Office Switches which are Class 5 switches from which End UserTelephone
Exchange Services are connected and offered, directly or through subtending Remote
Switches, and (2) Tandem Office Switches which are Class 4 switches used to connect
and switch trunk circuits between and among Central Office Switches. Central Office
Switches may be employed as combination End Office/Tandem Office Switches
(combination Class S/Class 4).
Centrex: A Telecommunications Service associated with a specific grouping of lines that
uses Central Office switching equipment for call routing to handle direct dialing of calls,
and to provide numerous private branch exchange-like features.
Certificate of Operatino Authoritv: A certification by the State Commission that CLEC
has been authorized to operate within the State as a provider of local Telephone
Exchange Services within CenturyLink's local service area; in many states this
certification is known as a Certificate of Public Convenience and Necessity.
CIC: An acronym for Canier ldentification Code.
CLASS: An acronym for Custom Local Area Signaling Services. CLASS is based on
the availability of Common Channel Signaling (CCS). CLASS consists of number-
translation services such as call-forwarding and caller identification, available within a
local exchange. CLASS is a service mark of Bellcore, now Telcordia.
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CLEC Profile: A CenturyLink form required to be completed and submitted to
CenturyLink by any Telecommunications Carrier requesting to interconnect or exchange
traffic with CenturyLink's network, requesting unbundled access to CenturyLink's
Network Elements, or the ability to initiate any order submission to CenturyLink. Among
other things, a Telecommunication Carrier is required to provide CenturyLink, on the
CLEC Profile, the following: its Operating Company Number (OCN), Company Code
(CC), and Access Carrier Name Abbreviation (ACNA).
CLLI Codes: Common Language Location ldentifier Codes.
Collocation: An arrangement whereby a requesting Telecommunications Carrier may
locate equipment necessary for lnterconnection or access to Unbundled Network
Elements at CenturyLink Central Offices for the purposes of interconnecting with
CenturyLink's network or for accessing CenturyLink's Unbundled Network Elements
pursuant to the lnterconnection obligations under the Act as codified in 47 C.F.R. $51.
Comminqle: The act of Commingling.
Comminolino: The connecting, attaching, or otherwise linking of an unbundled Network
Element, or a combination of unbundled Network Elements, to one or more facilities or
services that CLEC has obtained at wholesale from CenturyLink or the combining of an
unbundled Network Element, or a combination of unbundled Network Elements with one
or more such facilities or services.
Commission: The State Public Service or Public Utility Commission, as applicable.
Common Channel Siqnalinq (CCS): A high-speed, specialized, packet-switched
communications network that is separate (out-of-band) from the public packet-switched
and message networks. CCS canies addressed signaling messages for individual trunk
circuits andior database-related services between Signaling Points in the CCS network
using SS7 signaling protocol.
Common Transport: An interoffice transmission path between End Office Switches,
between End Office Switches and Tandem Switches and between Tandem Switches in
CenturyLink's network. Common Transport paths/Common Tandem Trunks are shared
between multiple customers and are required to be switched at the Tandem Switch.
Companv ldentifier or Companv lD: A three to five (3 to 5) character identifier that
distinguishes the entity providing voice service (e.9. wireline, wireless, VolP, etc.) to the
End User. The Company ldentifier registry is maintained by NENA in a nationally
accessible database.
Competitive Local Exchanoe Carrier (CLEC): As defined in 47 U.S.C. 5153, authorized
to provide Telephone Exchange Services or Exchange Access Services in competition
with an ILEC.
Copper Loop: A stand-alone Local Loop comprised entirely of copper wire or copper
cable. Copper Loops include two-wire and four-wire analog voice-grade Copper Loops,
digital Copper Loops (e.9., DSOs and lntegrated Services Digital Network lines), as well
as two-wire and four-wire Copper Loops conditioned to transmit the digital signals
needed to provide digital subscriber line services, regardless of whether the Copper
Loops are in service or held as spares. A Copper Loop includes attached electronics
using Time Division Multiplexing (TDM) technology, but does not include packet, cell or
frame switching capabilities.
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Currentlv Available: Existing as part of CenturyLink's network at the time of a requested
order or service. Currently Available does not include any service, Network Element,
facility, feature, function or capability that CenturyLink either does not provide to itself or
to its own End Users, does not have the capability to provide, or is not required to
provide on a resold or unbundled basis under Applicable Law.
Custom Callino Features: A set of Telecommunications Service features available to
residential and single-line business customers including call-waiting, call-forwarding and
three-party calling.
Customer Proprietarv Network lnformation (CPNI): Shall have the meaning set forth in
47 U.S.C. $222 and shall also include any additional information specified pursuant to
State law.
Customer Service Record (CSR): A record detailing the services to which an End User
subscribes from its Telecommunications provider(s).
Customer Service Record Search: A process requested by CLEC that typically
searches for basic account information, listing/directory information, service and
equipment listing, and billing information for a customer. CLEC must have obtained
proper authorization from the End User prior to requesting a Customer Service Record
Search. A Customer Service Record Search will be obtained by means of a LSR where
such request is permitted by the provisions of this Agreement.
Dark Fiber: Fiber within an existing fiber optic cable that has not been activated through
optronics to render it capable of carrying a Telecommunications Service.
Dark Fiber Transport: CenturyLink's unactivated optical interoffice transmission
facilities, that are within CenturyLink's network and connect CenturyLink switches or
Wire Centers within the same LATA and State. Dark Fiber Transport does not include
transmission facilities between the CenturyLink network and CLEC's network or the
location of CLEC's equipment.
Database Manaoement Svstem (DBMS): A system of manual procedures and computer
programs used to create, store and update the data required to provide Selective
Routing and/or Automatic Location ldentification for 911 systems.
Day: A calendar day unless otherwise specified.
Dedicated Transport: UNE transmission path between one of CenturyLink's Wire
Centers or switches and another of CenturyLink's Wire Centers or switches within the
same LATA and State that are dedicated to a particular customer or carrier.
Default: A Party's violation of any material term or condition of the Agreement, or refusal
or failure in any material respect to properly perform its obligations under this
Agreement, including the failure to make any undisputed payment when due. A Party
shall also be deemed in Default upon such Party's insolvency or the initiation of
bankruptcy or receivership proceedings by or against the Pafi or the failure to obtain or
maintain any certification(s) or authorization(s) from the Commission which are
necessary or appropriate for a Party to exchange traffic or order any service, facility or
arrangement under this Agreement, or notice from the Party that it has ceased doing
business in this State or receipt of publicly available information that signifies the Party is
no longer doing business in this State.
Demarcation Point: The Demarcation Point shall have the meaning set forth in 47
c.F.R. 568.105.
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Diqital Subscriber Line Access Multiplexer (DSLAM): Equipment that links End User
xDSL connections to a single packet switch, typically ATM or lP.
Direct Trunked Transport (DTT): A DS1 or DS3 interoffice facility that connects the
CenturyLink Serving Wire Center of the CLEC's Local lnterconnection Entrance Facility
or Collocation to the terminating CenturyLink Tandem or End Office used exclusively for
the transmission and routing of Telephone Exchange Service and Exchange Access.
Disputed Amounts: An amount or any portion of bill or invoice sent to a Party that the
billed Party contends, in good faith, is not due and payable. For an amount to qualify as
a Disputed Amount, the billed Party must provide written notice to the billing Party of the
nature and amount of the disputed charge(s) using the process and time period
established by the billing Party.
DS-1: A service having an absolute digital signal speed of 1.544 Mbps.
DS-3: A service having an absolute digital signal speed ot 44.736 Mbps.
Duct: A pipe, tube or conduit through which cables or wires are passed.
Dvnamic 911: The provision of E911 service utilizing a call processing arrangement with
pseudo ANls for non call-path associated signaling and routing commonly associated
with the delivery of mobile, nomadic or out-of-region calls.
E911 Customer or PSAP Ooerator: A municipality or other state or local governmental
unit, or an authorized agent of one or more municipalities or other state or local
government units to whom authority has been lawfully delegated to respond to public
emergency telephone calls, at a minimum, for emergency police and fire service through
the use of one telephone number, 911.
E911 or Enhanced 911 Service or E911 Service: A telephone system which includes
network switching, data base and PSAP premise elements capable of providing ALI
data, selective routing, selective transfer, fixed transfer, and a call back number.
EAS (Extended Area Service): For purposes of this Agreement, EAS will be interpreted
generically as commonly used within the Telecommunications industry to mean any
expanded or extended Local Calling Area that is set forth in a Party's Tariff, regardless
of service name, that meets Commission specifications for the provision of local calling
to a wider area beyond the exchange with reduced (or without) long distance or toll
charges. lt can be a flat rate, message or measured and can also be zoned. An EAS
calling plan that is required or mandated by the FCC or the Commission is referred to as
a "mandatory" EAS irrespective of whether or not mandatory EAS area is only available
to End Users who affirmatively elect or opt to take advantage of such wider Local Calling
Area and irrespective of whether such End Users must pay an additional charge in order
to have the benefit of such mandatory EAS area. Optional EAS is an EAS calling plan
that is not required or mandated by the FCC or a Commission but is voluntarily offered
by a Party.
Effective Date: The date of Commission approval of this Agreement.
Electronic lnterface: Direct access to Operations Support Systems consisting of
preordering, ordering, provisioning, maintenance and repair and billing functions.
Emeroencv Services: Law enforcement, fire, ambulance, rescue, and medical services.
Emerqencv Service Number (ESN): A three to five digit number that represents a unique
combination of Emergency Services in one or more ESZs.
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Emerqencv Services Querv Kev (ESQK): The ESQK identifies a call instance at a voice
positioning center (VPC), and is associated with a particular SR/ESN combination per
NENA standards. The ESQK is expected to be a ten-digit North American Numbering
Plan number.
Emerqencv Service Zone (ESZ): A geographical area that represents a unique
combination of Emergency Services that are within a PSAP's jurisdiction.
End Office: The telephone company office from which the End User receives exchange
service.
End Office Switch: A switching machine that terminates traffic to and receives traffic
from End Users purchasing local Telephone Exchange Service. A PBX is not
considered an End Office Switch.
End User: Any third party retail customer that subscribes to, and does not resell to
others, a service provided by (i) a Party to this Agreement; or (ii) a wholesale customer
of a Party, where the service provided by such Party's whotesale customer is derived
from a Telecommunications Service provided to such Party by the other Party. Unless
otherwise specified, a reference to a Party's End Users shall be deemed to refer to
either (i) or (ii) above. As used herein, End User does not include any lnterexchange
Carrier (lXC), Competitive Access Provider (CAP) or Commercial Mobile Radio Service
(CMRS) provider (also known as a Wireless Carrier) or their retail customers nor does it
include any of the Parties to this Agreement with respect to any item or service obtained
under this Agreement.
Enhanced Extended Link (EEL): The combination of Unbundled Network Elements in
the CenturyLink Network consisting of a UNE Local Loop(s) and UNE Dedicated
Transport, together with any facilities, equipment, or functions necessary to combine
those UNEs (including, for example, multiplexing capabilities and the NlD.
Enhanced Service Provider (ESP): A provider of enhanced services as those services
are defined in 47 C.F.R. 564.702. An lnternet Service Provider (lSP) is an Enhanced
Service Provider.
Exchanqe Access: The offering of access to Telephone Exchange Services or facilities
for the purpose of the origination or termination of Telephone Toll Services.
Exchanoe Messaqe lnterface (EMl): The standard used for the exchange of
Telecommunications message information among Telecommunications Carriers for
billable, non-billable, sample, settlement, and study data. An Exchange Message
lnterface (EMl) was formerly known as an Exchange Message Record (EMR).
FCC: The Federal Communications Commission.
Federal Universal Service Charoe (FUSC): An End User charge that allows a
Telecommunications Carrier to recover certain costs of its universal service contributions
from its customers.
Federal Universal Service Fund (FUSF): A fund administered by the Universal Service
Administrative Company (USAC) into which Telecommunications Carriers pay their
FUSF contributions.
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Fiber-to-the-curb Loop (FTTC Loop): A Local Loop consisting of fiber optic cable
connecting to a copper distribution plant that is not more than five-hundred (500) feet
from the customer's Premises or, in the case of predominantly residential multiple
dwelling units (MDUs), not more than five-hundred (500) feet from the MDU's minimum
point of entry (MPOE). The fiber optic cable in a fiber-tothe curb Local Loop must
connect to a copper distribution plant at a serving area interface from which every other
copper distribution subloop also is not more than five-hundred (500) feet from the
respective customer's Premises.
Fiber-to-the-home Loop (FTTH Loop): A Local Loop consisting entirely of fiber optic
cable, whether dark or lit, and serving an End User's customer Premises or, in the case
of predominantly residential MDUs, a fiber optic cable, whether dark or lit, that extends
to the multiunit Premises' MPOE.
Grandfathered Service: A service which is no longer available for new customers and is
limited to the current customer at their cunent locations with certain provisioning
limitations, including but not limited to upgrade denials, feature adds/changes and
responsible/billing party.
Hvbrid Loop: A Local Loop composed of both fiber optic cable, usually in the feeder
plant, and copper wire or cable, usually in the distribution plant.
lncumbent Local Exchanqe Carrier (ILEC): Shall have the meaning set forth in 47
u.s.c. s251(h).
lndirect Network Connection: A method of lnterconnection for the exchange of Local
Traffic, lntraLATA LEC Toll Traffic and Vo|P-PSTN Traffic between two
Telecommunications Caniers where the networks of such Telecommunications Carriers
are not directly connected.
lnformation Service: The offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of
any such capability for the management, control, or operation of a Telecommunications
system or the management of a Telecommunications Service.
lnformation Service Provider: A provider of lnformation Service. lnformation Service
Provider includes, but is not limited to, lnternet Service Providers (lSPs).
lnformation Service Traffic: Traffic delivered to or from an lnformation Service Provider
for the provision of lnformation Service. ISP-Bound Traffic is a subset of lnformation
Service Traffic.
lnside Wire or lnside Wirinq: Wiring within the customer Premises that extends to the
Demarcation Point of CenturyLink's outside plant. lnside Wire is owned or controlled by
the End User (unless otherwise specified herein or under Applicable Law).
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lntellectual Propertv: Means (a) inventions (whether patentable or unpatentable and
whether or not reduced to practice), all improvements thereto, patents, patent
applications and patent disclosures, and all re-issuances, continuations, revisions,
extensions and re-examinations thereof, (b) trademarks, service marks, trade dress,
logos, trade names, domain names and corporate names, and translations, adaptations,
derivations and combinations thereof and goodwill associated therewith, and all
applications, registrations and renewals in connection therewith, (c) copyrightable works,
copyrights and applications, registrations and renewals relating thereto, (d) mask works
and applications, registrations and renewals relating thereto, (e) trade secrets and
confidential business information (including ideas, research and development, know-
how, formulae, compositions, manufacturing and production processes and techniques,
technical data, designs, drawings, specifications, customer and supplier lists, pricing and
cost information, and business and marketing plans and proposals), (f) computer
software (including data and related documentation), (g) other proprietary rights, and (h)
copies and tangible embodiments thereof (in whatever form or medium).
lntellectual Propertv Claim: Any actual or threatened claim, action or proceeding relating
to lntellectual Property.
lnterconnection: Shall have the meaning set forth in 47 C.F.R. 551 .5, and refers, in this
Agreement, to the linking of two networks for the mutual exchange of traffic. This term
does not include the transport and termination of traffic.
lnterconnection Facilitv: The physical connection of separate pieces of equipment and
transmission facilities within, between and among networks, for the transmission and
routing of Telephone Exchange Service and Exchange Access, subject to the trunking
requirements and other terms and provisions of this Agreement.
lnterexchanoe Carrier (lXC): A carrier that provides, directly or indirectly, lnterLATA or
lntraLATA Telephone Toll Service.
lnterexchanqe Service: Telecommunications Service between stations in different
exchange areas.
lnterLATA Toll Traffic: Telecommunications traffic between a point located in a LATA
and a point located outside such LATA.
lnternet Service Provider (lSP): An Enhanced Service Provider that provides lnternet
services and is defined in paragraph 341 of the FCC's First Report and Order in CC
Docket No. 97-158.
lntraLATA Toll Traffic: Telecommunications traffic between two locations within one
LATA where one of the locations lies outside of the originating or terminating
CenturyLink Local Calling Area as defined in CenturyLink's local exchange Tariff on file
with the Commission.
lntraLATA LEC Toll Traffic: means lntraLATA Toll traffic originated by the End Users of
CLEC acting in its capacity as a Local Exchange Carrier and not in its capacity as, or on
behalf of, an lXC.
lnteqrated Services Diqital Network (ISDN) User Part (ISUP): A part of the SS7 protocol
that defines call setup messages and call takedown messages.
ISP-Bound Traffic: For purposes of this Agreement, traffic that is transmitted to an
lnternet Service Provider (lSP) who is physically located in an exchange within the same
LCA of the originating End User, consistent with the ISP Remand Order (FCC 01-131),
16 FCC Rcd. 9151 (2001). ISP-Bound Traffic does not include any VNXX Traffic.
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Jointlv Provided Switched Access Service Traffic: Traffic where both CenturyLink's
network and CLEC's network are used to originate Switched Access Service traffic by an
End User to be delivered to an lnterexchange Carrier (lXC) for call completion, or where
both CenturyLink's network and CLEC's network are used to terminate Switched Access
Service traffic delivered by an IXC to an End User.
Local Access and Transport Area (LATA): Shall have the meaning set forth in 47 U.S.C.
s153.
Local Callino Area (LCA): The CenturyLink local exchange area, or mandatory
Extended Area Service (EAS) exchanges, as required by the Commission or as defined
in CenturyLink's local exchange Tariffs.
Local Exchanqe Carrier (LEC): Shall have the meaning set forth in 47 U.S.C. 5153.
Local Exchanqe Routinq Guide (LERG): The Telcordia Technologies reference
customarily used to identify NPA-NXX routing and homing information, as well as
equipment designation.
Local lnterconnection Trunk or Local lnterconnection Trunk Group: One-way or two-way
trunks or trunk groups used to exchange LocalTraffic between a switch of one Party and
a switch of the other Party.
Local lnterconnection Entrance Facilitv: A DS1 or DS3 facility that extends from CLEC's
Switch location or other CLEC Premises to the CenturyLink Serving Wire Center for that
CLEC Switch or Premises. A Local lnterconnection Entrance Facility may not extend
beyond the area served by the CenturyLink Serving Wire Center.
Local Loop: A transmission facility between a Main Distribution Frame [cross-connect],or its equivalent, in a CenturyLink Central Office or Wire Center, including Remote
offices, and up to the Demarcation Point at a customer's Premises, to which CLEC is
granted exclusive use. This includes all electronics, optronics and intermediate devices
(including repeaters and load coils) used to establish the transmission path to the
customer Premises. Local Loops include Copper Loops, Hybrid Loops, DSI loops, DS3
loops, and FTTC Loops.
Local Service Request (LSR): The Ordering and Billing Forum document designated by
CenturyLink to be used by the Parties to establish, add, change or disconnect local
Telecommunications Services and Unbundled Network Elements for the purpose of
providing competitive local Telecommunications Services. Sometimes referred to as a
Service Order.
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Local Traffic: Traffic, including VolP-PSTN Traffic, that is originated by an End User of
one Party who is physically located in a CenturyLink Local Calling Area on that Party's
network and terminated to an End User of the other Party who is physically located in
the same Local Calling Area on that Party's network. Pursuant to the FCC's clarifying
orders, Local Traffic includes lnformation Service Traffic only to the extent that the End
User and the lnformation Service Provider are physically located in the same
CenturyLink Local Calling Area. Local Traffic for purposes of intercarrier compensation
does not include: (a) any traffic that does not originate and terminate within the same
CenturyLink Local Calling Area (b) Toll Traffic, including, but not limited to, calls
originated on a 1+ presubscription basis, or on a casual dialed (10XX)(101XXXX) basis;
(c) flat-rated toll plans voluntarily offered by a Party, sometimes referred to as "optional"
eAS; (d) special access, private line, Frame Relay, ATM, or any other traffic that is not
switched by the terminating Party; (e) Transit Traffic; (0 VNXX traffic; or, (g) Toll VolP-
PSTN.
Local VolP-PSTN Traffic is VolP-PSTN traffic that physically originates and terminates
within the CenturyLink Local Calling Area, and shall be considered to be Local Traffic as
such term is used in this Agreement.
Loop Qualification: An OSS function that includes supplying Local Loop Qualification
information to CLEC as part of the Pre-ordering Process. Examples of the type of
information provided are:
Composition of the loop material, i.e. fiber optics, copper;
Existence, location and type of any electronic or other equipment on the Local
Loop, including but not limited to:
a. Digital Loop Carrier (DLC) or other Remote concentration devices;
b. Feeder/distribution interfaces;
c. Bridge taps;
d. Load coils;
e. Pair gain devices; or
t. Distributers in the same or adjacent binders.
Loop length which is an indication of the approximate loop length, based on a 26-
gauge equivalent and is calculated on the basis of Distribution Area distance
from the central office;
Wire gauge or gauges; and
Electrical parameters.
Main Distribution Frame (MDF): A distribution frame or equivalent at the Central Office
where ports inside such Central Office connect to an outside transmission facility.
Mass Callinq Trunks: Trunks designed to handle high call volumes for a wide range of
applications, with or without caller interaction with lnteractive Voice Response or touch-
tone navigation. Mass Calling Trunks typically are associated with television or radio
and allow customers to use their telephone to express an opinion, such as voting on
interactive television shows, public opinion polling, surveys, information and contests
using a virtual call center.
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Master Street Address Guide (MSAG): A data base of street names and house number
ranges within their associated communities defining ESZs and their associated ESNs to
enable proper routing of 911 calls.
Meet Point: A point, designated by the Parties, at which one Party's responsibility for
service begins and the other Party's responsibility ends.
Mid-Soan Fiber Meet: An lnterconnection architecture whereby two carriers' fiber
transmission facilities meet at a mutually agreed upon point for the mutual exchange of
traffic, subject to the trunking requirements and other terms and provisions of this
Agreement. The "point" of lnterconnection for purposes of 47 U.S.C $$251(c)(2) and
251(c)(3) remains on CenturyLink's network and is limited to the lnterconnection of
facilities between the CenturyLink Serving Wire Center and the location of the CLEC
switch or other equipment located within the area served by the CenturyLink Serving
Wire Center.
Minutes of Use: Shall be abbreviated as MOU.
Multiple Exchanqe Carrier Access Billino (MECAB): The document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
lndustry Solutions (ATIS). The currently effective version of the MECAB document,
published by ATIS (0401004-00XX), contains the recommended guidelines for the billing
of an Access Service provided by two or more LECs, or by one LEC in two or more
states within a single LATA.
Multiple Exchanqe Caniers Orderinq and Desion Guidelines for Access Services -
lndustrv Supoort lnterface (MECOD): A document developed by the
Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the
Alliance for Telecommunications lndustry Solutions (ATIS). The currently effective
version of the MECOD document, published by ATIS (0404120-O0XX), establishes
methods for processing orders for Access Service that is to be provided by two or more
LECs.
National Emeroencv Number Association (NENA): A not-for-profit corporation
established in 1982 to further the goal of "One Nation-One Numbed'for emergency calls.
NENA is a networking source and promotes research, planning, and training. NENA
strives to educate, set standards and provide certification programs, legislative
representation and technical assistance for implementing and managing 911 systems.
Network Element: Shall have the meaning set forth in 47 U.S.C. 5153.
Network lnterface Device (NlD): A stand-alone Network Element defined as any means
of interconnecting lnside Wiring to CenturyLink's distribution plant, such as a cross-
connect device used for that purpose. This includes all features, functions, and
capabilities of the facilities used to connect the Local Loop to End User lnside Wiring,
regardless of the specific mechanical design.
North American Numberinq Plan (NANP): The system of telephone numbering
employed in the United States, Canada, and Caribbean countries for the allocation of
unique 1O-digit directory numbers consisting of a three-digit area code, a three-digit
office code, and a four-digit line number. The plan also extends to format variations,
prefixes, and special code applications. NANP also sets rules for calls to be routed
across these countries.
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Numberinq Plan Area (NPA): Also sometimes referred to as an "area code," an NPA is
the three-digit indicator, which is defined bythe "A", "B",and uC" digits of each 10-digit
telephone number within the NANP. Each NPA contains 800 possible NXX Codes.
There are two general categories of NPA: "Geographic NPAs" and "Non-Geographic
NPAs." A Geographic NPA is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access Code" or
"SAC Code" is typically associated with a specialized Telecommunications Service that
may be provided across multiple geographic NPA areas. 800, 900, 700, and 888 are
examples of Non-Geographic NPAs.
Number Portabilitv (NP): The ability of users of Telecommunications Services to retain,
at the same location, existing Telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one Telecommunications Carrier
to another.
NXX. NXX Code. Central Office Code or CO Code: The three-digit switch entity
indicator that is defined by the "D", "E", and "F" digits of a ten-digit telephone number
within the NANP. Each NXX Code contains 10,000 station numbers.
Orderinq and Billino Forum (OBF): An industry committee functioning under the
auspices of the Alliance for Telecommunications lndustry Solutions (ATIS).
Operations Support Svstems (OSS): The pre-ordering, ordering, provisioning,
maintenance and repair, and billing functions supported by CenturyLink's databases and
information.
Packet Switchinq or Packet Switched: The routing or forwarding of packets, frames,
cells, or other data units based on address or other routing information contained in the
packets, frames, cells or other data units, and the functions that are performed by the
digital subscriber line (DSL) access multiplexers, including but not limited to the ability to
terminate an End User's Copper Loop (which includes both a low-band voice channel
and a high-band data channel, or solely a data channel); the ability to forward the voice
channels, if present, to a circuit switch or multiple circuit switches; the ability to extract
data units from the data channels on the loops; and the ability to combine data units
from multiple loops onto one or more trunks connecting to a Packet Switch or Packet
Switches.
Paritv: Means subject to the availability, development and implementation of necessary
industry standard Electronic lnterfaces, the provision by CenturyLink of services,
Network Elements or functionality under this Agreement to CLEC, including provisioning
and repair, at least equal in quality to those offered to CenturyLink, its Affiliates or any
other entity that obtains such services, Network Elements or functionality unless
otherwise set forth in Applicable Law. Until the implementation of necessary Electronic
lnterfaces, CenturyLink shall provide such services, Network Elements or functionality
on a non-discriminatory basis to CLEC as it provides to its Affiliates or any other entity
that obtains such services, Network Elements or functionality.
Partv or Parties: Shall mean CenturyLink, as described in the first paragraph of this
Agreement, or CLEC depending on the context and no other entity, Affiliate, Subsidiary
or assign. Parties refers collectively to both CenturyLink and CLEC and no other
entities, Affiliates, Subsidiaries or assigns.
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Percentaqe Local Use (PLU): A percentage calculated by dividing the number of
minutes of Local Traffic originated or terminated by the total number of minutes
respectively originated or terminated via Local lnterconnection Trunks, except that
directory assistance, BLV/BLVI, and Jointly Provided Switched Access calls are not
included in the calculation of PLU.
Phvsical Collocation: An offering by CenturyLink that enables a requesting
Telecommunications Carrier to enter upon a CenturyLink Premises, subject to
reasonable terms and conditions, and place its own equipment to be used for
lnterconnection or access to Unbundled Network Elements within or upon an ILEC's
Premises and to use such equipment to interconnect with CenturyLink's network
facilities for the transmission and routing of Telephone Exchange Service, Exchange
Access Service, or both, or to gain access to CenturyLink's UNEs for the provision of a
Telecommunications Service, as provided in this Agreement, with space for such
purposes allotted on a first-come, first-served basis.
Point of lnterconnection (POl): A point on CenturyLink's network where the Parties
deliver lnterconnection traffic to each other, and also serves as a Demarcation Point
between the facilities that each Party is financially responsible to provide for POls not
established through the BFR process. The PO! also establishes the interface, the test
point, and the operational responsibility hand-off between CLEC and CenturyLink for the
I nterconnection of their respective networks.
Premises: A Party's Central Offices and Serving Wire Centers; all Buildings or similar
structures owned, leased, or otherwise controlled by a Party that house its Network
Facilities; all structures that house a Party's facilities on public Rights-of-Way, including
but not limited to vaults containing loop concentrators or similar structures; and all land
owned, leased or otherwise controlled by a Party that is adjacent to these Central
Offices, Wire Centers, Buildings and structures.
Pseudo-ANl (pANl): A ten digit number that is used in place of ANI for E911 call routing
and the delivery of dynamic ALI information (e.9. to identify a wireless cell, cell sector, or
PSAP to which the call should be routed). For purposes to this Agreement, references
to pANl shall include Emergency Services Query Key (ESQK), Emergency Services
Routing Digit (ESRD) and Emergency Service Routing Key (ESRK), as appropriate.
Public Safetv Answerinq Point (PSAP): An entity to whom authority has been lawfully
delegated to respond to public emergency telephone calls originating in a defined
geographic area, and may include public safety agencies such as police, fire, emergency
medical, etc., or a common bureau serving a group of such entities. A PSAP may act as
a primary or secondary, which refers to the order in which calls are directed for
answering. Primary PSAP is the PSAP to which 911 calls are routed directly from the
Selective Router and Secondary PSAPs receive calls transferred from the primary
PSAP.
Rate Center: The specific geographic area that is associated with one or more particular
NPA-NXX Codes that have been assigned to a LEC for its provision of basic exchange
Telecommunications Services. The Rate Center area is the exclusive geographic area
identified as the area within which CenturyLink or CLEC will provide Basic Exchange
Telecommunications Services bearing the particular NPA-NXX designations associated
with the specific Rate Center.
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Ratinq Point: The finite geographic point identified by a specific Vertical and Horizontal
(V&H) coordinates assigned to a Rate Center and associated with a particular telephone
number for rating purposes.
Reciprocal Compensation: As defined under 47 C.F.R. $51 Subpart H.
Remote Switch: A switch that directly terminates traffic to and receives traffic from End
Users of local Telephone Exchange Services, but does not allow trunk connections nor
have the full features, functions and capabilities of an End Office Switch. Such trunk
connection features, functions, and capabilities are provided to a Remote Switch via an
intraswitch umbilicalfrom a host End Office.
Routine Network Modifications: An activity that CenturyLink regularly undertakes for its
own customers, as more particularly described in Section 80 of this Agreement.
Selective Router (SR): The equipment used to route 911 calls to the proper PSAP, or
other designated destinations, based upon the caller's location information and other
factors.
Service Affectinq: A Service Affecting issue or dispute shall mean that such issue or
dispute, unless resolved, places a Party's End User in immediate or imminent risk of not
being able to use the service to which that End User subscribes.
Service Order: An order submitted by CLEC to CenturyLink ordering or changing an
Unbundled Network Element, or other services and facilities (including any porting
requests) available in accordance with the terms of this Agreement.
Servino Wire Center: CenturyLink Building from which dial tone for Telephone
Exchange Service would normally be provided to a particular End User customer
Premises.
Shell Records: Those records necessary to populate the DBMS to enable Dynamic 911
call delivery and display methods, used to determine call routing and the appropriate
provider responsible for providing the caller's ANI/ALI for display at the appropriate
PSAP upon the answer of the 911 call. For purposes of this Agreement, references to
911 records shall include Shell Records, as appropriate.
Siqnalinq Point (SP): A node in the CCS network that originates and/or receives
signaling messages, or transfers signaling messages from one signaling link to another,
or both.
Siqnalino Svstem 7 (SS7): The signaling protocol, Version 7, of the CCS network,
based upon American National Standards lnstitute (ANSI) standards that is used to
provide basic routing information, call set-up and other call termination functions.
Siqnalinq Transfer Point (STP): A Signaling Point that performs message routing
functions and provides information for the routing of messages between Signaling Points
within or between CCS networks. An STP transmits, receives and processes CCS
messages.
Splitter: A device that divides the data and voice signals concurrently moving across the
loop, directing the voice traffic through copper tie cables to the switch and the data traffic
through another pair of copper tie cables to multiplexing equipment for delivery to the
packet-switched network. The Splitter may be directly integrated into the DSLAM
equipment or may be externally mounted.
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Standard Practices: The general practices and procedures published or referenced on
CenturyLink's Website that apply to CenturyLink's Wholesale Services and operations,
as the same may be updated and revised from time to time by CenturyLink.
State: The State specified in Preface and Recitals section of this Agreement.
Subsidiarv: A corporation or other legal entity that is majority owned by a Party.
Switched Access Services: The offering of transmission and/or switching services to
Telecommunications Carriers for the purpose of the origination or termination of
Telephone Toll Services. Any traffic that does not meet the definition of Local Traffic or
ISP-Bound Traffic or Toll Vo|P-PSTN Traffic will be considered Switched Access
Service. Switched Access Services includes, without limitation, the following: Feature
Group A, Feature Group B, Feature Group C, Feature Group D, 500, 700, 800 access
and 900 Access Services
Tandem or Tandem Switch or Tandem Office Switch: A Tandem, Tandem Switch or
Tandem Office Switch connects one trunk to another, in a series, for the purpose of
exchanging traffic. lt is an intermediate (Class 4) switch between an originating
telephone call and the final destination of the call. CLEC Switch(es) shall be considered
Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable
geographic area as CenturyLink 's Tandem Office Switch. A fact-based consideration of
such geography by the Commission should be used to classify any Switch on a
prospective basis.
Tariff: Any applicable Federal or State Tariff, price list or price schedule of a Party, as
amended from time-to-time, that provides for the terms, conditions and pricing of
Telecommunications Services. A Tariff filing may be required or voluntary and may or
may not be specifically approved by the Commission or FCC. ln the event this
Agreement refers to a Tariff for a service or arrangement that is not offered, or is no
longer offered, under a Tariff, then the reference shall be deemed to refer to an
applicable price list or commercial offering.
TDM or TDM Technoloqv or Time Division Multiplexino: A method of multiplexing in
which a common transmission path is shared by a number of channels on a cyclical
basis by enabling each channel to use the path exclusively for a short time slot. This
technology is used to provision traditional narrowband services (e.9., voice, fax, dial-up
lnternet access) and high-capacity services like DSland DS3 circuits.
Technicallv Feasible: lnterconnection, access to Unbundled Network Elements,
Collocation and other methods of achieving lnterconnection or access to Unbundled
Network Elements at a point in the network shall be deemed Technically Feasible absent
technical or operational concerns that prevent the fulfillment of a request by a
Telecommunications Canier for such lnterconnection, access or methods.
Telcordia: Means Telcordia Technologies, lnc. which is a leading provider of software
and services for the Telecommunications industry, or any successor entity providing the
same functions which are referenced in this Agreement.
Telecommunications: Shall have the meaning set forth in 47 U.S.C. 5153.
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Telecommunications Carrier: Shall have the meaning set forth in 47 U.S.C. $153. This
definition includes CMRS providers, lXCs and, to the extent they are acting as
Telecommunications Carriers, companies that provide both Telecommunications and
lnformation Services. Private mobile radio service providers are Telecommunications
Carriers to the extent they provide domestic or international Telecommunications for a
fee directly to the public.
Telecommunications Service: Shall have the meaning set forth in 47 U.S.C. 5153.
Telephone Exchanoe Service: Shall have the meaning set forth in 47 U.S.C. 5153.
Teleohone Toll or Telephone Toll Service: Telephone Toll traffic is telephone service
between stations in different exchange areas, and can be either lntraLATA Toll Traffic or
lnterLATA Toll Traffic depending on whether the originating and terminating points are
within the same LATA.
Tier 1 Wire Center: Those CenturyLink Wire Centers that contain at least four Fiber-
based Collocators, at least 38,000 Business Lines, or both. Tier 1 Wire Centers also are
those CenturyLink Tandem Switching locations that have no line-side switching facilities,
but nevertheless serve as a point of traffic aggregation accessible by competitive LECs.
Once a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not
subject to later reclassification as a Tier 2 or Tier 3 Wire Center.
Tier 2 Wire Center: Those CenturyLink Wire Centers that are not Tier 1 Wire Centers
but contain at least three (3) Fiber-based Collocators, at least 24,000 Business Lines, or
both. Once a Wire Center is determined to be a Tier 2Wire Center, that Wire Center is
not subject to later reclassification as a Tier 3 Wire Center.
Tier 3 Wire Center: Those CenturyLink Wire Centers that are not Tier 1 or Tier 2 Wire
Centers.
Time and Material Charqes: Charges for non-standard or individual-case-basis work
requested by CLEC. "Time" charges are for the cost of labor which includes, but is not
limited to, work preparation and actual work. This labor time is multiplied by an
applicable labor rate. "Material" charges are for the cost of items required to fulfill the job
requirements.
Toll Vo!P-PSTN Traffic Vo|P-PSTN Traffic that physically originates and terminates in
different CenturyLink Local Calling Areas.
Transit Service: Means the use of CenturyLink's network to deliver Transit Traffic.
Transit Traffic: Means traffic that is routed by CLEC through CenturyLink's network for
delivery to another carrier's network or that is routed by another carrier through
CenturyLink's network for delivery to CLEC's network. For purposes of this Agreement,
Transit Traffic does not include Jointly Provided Switched Access Traffic.
Unbundled Network Element (UNE): A Network Element separate from the facility or
functionality of other Network Elements available for a separate fee in accordance with
47 U.S.C. $251(c)(3). Specific references to Unbundled Network Elements or UNEs
contained throughout this Agreement are to the Unbundled Network Elements described
in Article Vl: UNEs of this Agreement.
Virtual Collocation: Virtual Collocation is as defined in 47 C.F.R. S51.5.
Virtual NXX Traffic NNXX Traffic): refers to calls originated from of terminated to an
NPA-NXX-XXXX that was assigned using a VM(X Service.
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VNXX Service: VNXX Service means the assignment by a Party of a telephone number
(NPA-NXX-XXXX) having an NXX Code associated with a Rate Center (as set forth in
the LERG) that is not within the same Local Calling Area as the geographic location of
the End User's premise.
VolP-PSTN Traffic is traffic which is exchanged between a CenturyLink End User and
the CLEC End User in Time Division Multiplexing (TDM) format that originates from
and/or terminates to a Party's End User customer in lnternet Protocol (lP) format, as
determined in the order issued by the Federal Communications Commission in Docket
No. 01-92, ln the Matter of Developing a Unified lntercarrier Compensation Regime,
effective December 29,2011 (FCC's ICC Order).
Website:As used in this Agreement, Website shall mean:
wrrvw. Centu rvLi n k. com/wholesa le
Wholesale Service: Telecommunications Services that CenturyLink provides at retail
services to subscribers who are not Telecommunications Carriers as set forth in 47
U.S.C. $251(c)(a) which CenturyLink offers to qualified providers at a wholesale rate.
Wire Center: The location of one or more local switching systems. A point at which End
Users' loops within a defined geographic area converge. Such Local Loops may be
served by one (1) or more CentralOffice Switches within such Premises.
xDSL: A generic term for HDSL, ADSL or SDSL, which are high speed transmission
protocols, equipment, and services designed to operate over copper wire.
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ARTICLE II. GENERAL TERMS AND CONDITIONS
APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
3.1 Except as may otherwise be set forth in a particular Article or attachments
incorporated by reference within this Agreement, in which case the provisions
of such Article or attachment shall control, these General Terms & Conditions
apply to all Articles and Appendices of this Agreement.
POSITION OF THE PARTIES
4.1 This Agreement is an integrated package that reflects a balancing of interests
critical to the Parties. The Parties agree that their entry into this Agreement is
without prejudice to and does not waive any positions they may have taken
previously, or may take in the future, in any legislative, regulatory, judicial or
other public forum addressing any matters, including matters related to the
same types of arrangements and/or matters related to CenturyLink's rates
and cost recovery that may be covered in this Agreement. CLEC agrees to
accept these terms and conditions with CenturyLink based on this Agreement
as reciprocal where applicable. Furthermore, to the extent they apply to
CenturyLink's provision of services and/or facilities to CLEC, such terms are
intended to apply only to the extent required by Applicable Law.
INTENTIONALLY LEFT BLANK
REGULATORY APPROVALS
6.1 This Agreement, and any amendment or modification hereof, will be
submitted to the Commission for approval in accordance with $252 of the Act
within thirty (30) Days after obtaining the last required Agreement signature.
CenturyLink and CLEC shall use their best efforts to obtain approval of this
Agreement by any regulatory body having jurisdiction over this Agreement.
ln the event any governmental authority or agency rejects any provision
hereof, the Parties shall negotiate promptly and in good faith such revisions
as may reasonably be required to achieve approval.
EFFECTIVE DATE, TERM AND TERMINATION
7.1 Effective Date. Subject to Section 6.1, this Agreement shall become effective
on the date of Commission approval (Effective Date); however the Parties
may agree to implement the provisions of this Agreement upon execution by
both Parties.
7.1.1 Notwithstanding the above, the initiation of a new CLEC
account, any new provision of service or obligation or any
revision to currently existing services or obligations shall not
take effect for up to sixty (60) Days after execution by both
Parties to accommodate required initial processes. No order or
request for services under this Agreement shall be processed
nor shall any CenturyLink obligation take effect before CLEC
has established a customer account with CenturyLink and has
completed any implementation, planning, and forecasting
requirements as described in this Agreement.
7.2 Term. This Agreement shall continue for a period of three (3) years after
execution by both Parties (the lnitial Term), unless terminated earlier in
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4.
5.
6.
7.
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7.3
accordance with the terms of this Agreement. lf neither Party terminates this
Agreement as of the last day of the lnitial Term, this Agreement shall
continue in force and effect on a month-to-month basis unless and until
terminated as provided in this Agreement.
7.2.1 Notwithstanding the above, CenturyLink may terminate this
Agreement after six (6) consecutive months of inactivity on the
part of CLEC. lnactivity is defined as CLEC's failure, as required
in this Agreement, to initiate the required pre-ordering activities,
CLEC's failure to submit any orders, or CLEC's failure to
originate or terminate any Local Traffic.
Notice of Termination. Either Party may terminate this Agreement effective
upon the expiration of the lnitial Term by providing written notice of
termination (Notice of Termination) at least ninety (90) Days prior to the last
day of the lnitial Term. Either Party may terminate this Agreement after the
lnitial Term by providing a Notice of Termination at least thirty (30) Days prior
to the effective date of such termination.
Effect on Termination of Negotiating Successor Agreement. lf either Party
provides Notice of Termination pursuant to Section 7.3 and, on or before the
noticed date of termination (the End Date), either Party has requested
negotiation of a new lnterconnection agreement, such notice shall be deemed
to constitute a Bona Fide Request to negotiate a replacement agreement for
lnterconnection, services or Network Elements pursuant to $252 of the Act
and this Agreement shall remain in effect until the earlier of: (a) the effective
date of a new lnterconnection agreement between CLEC and CenturyLink;
or, (b) one-hundred sixty (160) Days after the requested negotiation or such
longer period as may be mutually agreed upon, in writing, by the Parties, or
(c) the issuance of an order (or orders) by the Commission resolving each
issue raised in connection with any arbitration commenced within the
timeframe contemplated in (b) above. lf a replacement agreement has not
been reached when the timeframe contemplated in (b) above expires and
neither Party has commenced arbitration, then CenturyLink and CLEC may
mutually agree in writing to continue to operate on a month-to-month basis
under the terms set forth herein, subject to written notice of termination
pursuant to Section 7.3. Should the Parties not agree to continue to operate
under the terms set forth herein after one-hundred eighty (180) Days, then
the provisions of Section 7.5 shall apply. The foregoing shall not apply to the
extent that this Agreement is terminated in accordance with Section 7.6 or
Section 7.7.
Termination and Post-Termination Continuation of Services. lf either Party
provides Notice of Termination pursuant to Section 7.3 and, by 1't:59 p.m.
Central Time on the stated date of termination, neither Party has requested
negotiation of a new lnterconnection agreement, then (a) this Agreement will
terminate at 11:59 p.m. Central Time on the termination date identified in the
Notice of Termination, and (b) the services and functions being provided by
CenturyLink under this Agreement at the time of termination, including
lnterconnection arrangements and the exchange of Local Traffic, may be
terminated by CenturyLink unless the Parties jointly agree to other continuing
arrangements.
7.4
7.5
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7.9.2
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7.6 Suspension or Termination Upon Default. Either Party may suspend or
terminate this Agreement, in whole or in part, in the event of a Default by the
other Party so long as the non-Defaulting Party notifies the Defaulting Party in
writing of the Default and the Defaulting Party does not cure the Default
within thirty (30) Days of receipt of the written notice, provided however, that
any requirements for written notice and opportunity to cure with respect to the
failure to make timely payment of undisputed charges shall be governed
separately under Section 55.15. Following CenturyLink's notice to CLEC of its
Default, CenturyLink shall not be required to process new Service Orders
until the Default is timely cured.
Termination Upon Sale. Notwithstanding anything to the contrary contained
herein, a Party may terminate its obligations under this Agreement as to a
specific operating area or portion thereof if such Party sells or otherwise
transfers the area or portion thereof to a non-Affiliate in compliance with the
terms and conditions of this Agreement. The selling or transferring Party
shall provide the other Party with at least sixty (60) Days prior written notice
of such termination, which shall be effective on the date specified in the
notice. Notwithstanding termination of this Agreement as to a specific
operating area, this Agreement shall remain in full force and effect in the
remaining operating areas.
Liability Upon Termination. Termination of this Agreement, or any part
hereof, for any cause shall not release either Party from any liability (a)
which, at the time of termination, had already accrued to the other Party, (b)
which thereafter accrues in any respect through any act or omission occurring
prior to the termination, or (c) which accrues from an obligation that is
expressly stated in this Agreement to survive termination.
Predecessor Agreements.
7.9.1
7.7
7.8
7.9
Except as stated in Section 7.9.2 or as othenruise agreed in
writing by the Parties:
a. any prior lnterconnection or resale agreement between the
Parties for the State pursuant to $252 of the Act and in
effect immediately prior to the Effective Date is hereby
terminated; and
b. any services that were purchased by one Party from the
other Party under a prior lnterconnection or resale
agreement between the Parties for the State pursuant to
$252 of the Act and in effect immediately prior to the
Effective Date, shall as of the Effective Date be subject to
the prices, terms and conditions under this Agreement.
Except as otherwise agreed in writing by the Parties, if a service
purchased by a Party under a prior agreement between the
Parties pursuant to $252 of the Act was subject to a contractual
commitment that it would be purchased for a period of longer
than one (1) month, and such period had not yet expired as of
the Effective Date and the service had not been terminated prior
to the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the
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7.9.3
service will be subject to the prices, terms and conditions of this
Agreement; provided, that if this Agreement would materially
alter the terms of the commitment, either Party make elect to
cancelthe commitment.
lf either Party elects to cancel the service commitment pursuant
to the proviso in Section 7.9.2, the purchasing Party shall not be
liable for any termination charge that would otherwise have
applied. However, if the commitment was cancelled by the
purchasing Party, the purchasing Party shall pay the difference
between the price of the service that was actually paid by the
purchasing Party under the commitment and the price of the
service that would have applied if the commitment had been to
purchase the service only until the time that the commitment
was cancelled.
CLEC CERTIFICATION
8.1 Notwithstanding any other provision of this Agreement, CenturyLink shall
have no obligation to perform under this Agreement until such time as CLEC
has obtained such FCC and Commission authorization(s) as may be required
by Applicable Law for conducting business in the State as a competitive local
exchange carrier. CLEC shall not be permitted to establish its account nor
place any orders under this Agreement until it has obtained such
authorization and provided proof of such to CenturyLink. For the life of this
Agreement, CLEC must represent and warrant to CenturyLink that it remains
a certified local provider of Telephone Exchange Service within CenturyLink's
Local Calling Area(s) in the State. At any time during the life of this
Agreement, CLEC will provide a copy of its current Certificate of Operating
Authority or other evidence of its status to CenturyLink upon request. CLEC's
failure to maintain such authorization(s) as may be required by Applicable
Law for conducting business in the State as a CLEC shall be considered a
Default of Agreement.
APPLICABLE LAW
9.1 Parties'Agreement to Comply with Applicable Law. Each Party shall remain
in compliance with Applicable Law in the course of performing this
Agreement.
8.
9.
9.1.1
9.',|.2
9.1.3
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Neither Party shall be liable for any delay or failure in
performance resulting from any requirements of Applicable Law,
or acts or failures to act of any governmental entity or official.
Each Party shall promptly notify the other Party in writing of any
governmental action that limits, suspends, cancels, withdraws,
or otherwise materially affects the notifying Party's ability to
perform its obligations under this Agreement.
Each Party shall be responsible for obtaining and keeping in
effect all FCC, Commission, franchise authority and other
regulatory approvals that may be required and comply with
Applicable Law in connection with the performance of its
obligations under this Agreement
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9.1.4 Both Parties shall satisfy all applicable service standards,
9.3
intervals, measurements, specifications, performance
requirements, technical requirements, and performance
standards that are required Applicable Law.
Rule of Construction. The Parties acknowledge that, except for provisions
incorporated herein as the result of an arbitrated decision, if any, the terms
and conditions of this Agreement have been mutually negotiated, and each
Party has had the opportunity to obtain advice of its own legal counsel in
accepting such negotiated terms and conditions. This Agreement shall be
fairly interpreted in accordance with its terms. No rule of construction
requiring interpretation against the drafting Party hereof shall apply in the
interpretation of this Agreement.
Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the Act, applicable federal and (to the extent
not inconsistent therewith) domestic laws of the State where the services are
being provided, and shall be subject to the exclusive jurisdiction of the State
or of the federal courts of Monroe, Louisiana. ln all cases, choice of law shall
be determined without regard to a local State's conflicts of law provisions.
Severability. lf any provision of this Agreement is held to be invalid, void or
unenforceable for any reason, such invalidity will affect only that specific
provision of the Agreement. ln all other respects, this Agreement will stand
as if such provision had not been a part thereof, and the remainder of the
Agreement shall remain in full force and effect and shall in no way be
affected, impaired or invalidated. lf the provision materially affects the rights
or obligations of a Party hereunder, or the ability of a Party to perform any
material provision of this Agreement, the Parties shall promptly negotiate an
amendment to this Agreement in order to conform the Agreement to
Applicable Law. lf such amended terms cannot be agreed upon within a
reasonable period, either Party may, upon written notice to the other Party,
initiate Dispute Resolution pursuant to the terms of this Agreement, and any
resolution in favor of the affected Party will be considered retroactive to the
date Dispute Resolution was initiated. Notwithstanding the above, where the
affected provision is held to be invalid, void or unenforceable retroactively by
a court of competent jurisdiction, the resolution in favor of the affected Party
will be considered retroactive to the same extent, or to the extent specified in
the decision or twenty-tour (24) months from the date Dispute Resolution was
initiated whichever is shorter.
CHANGES IN LAW
10.1 ln the event of any amendment of the Act, any effective legislative action or
any effective regulatory or judicial order, rule, regulation, arbitration award,
dispute resolution procedures under this Agreement or other legal action
purporting to apply the provisions of the Act to the Parties or in which the
court, FCC or the Commission makes a generic determination that is
generally applicable which revises, modifies or reverses the Applicable Rules
(individually and collectively, Amended Rules), either Party may, by providing
written notice to the other Party, require that the affected provisions of this
Agreement be renegotiated in good faith and this Agreement shall be
amended accordingly within sixty (60) Days of the date of the notice to reflect
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9.4
10.
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10.2
10.3
10.4
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the pricing, terms and conditions of each such Amended Rules relating to any
of the provisions in this Agreement. Where a Party provides notice to the
other Party within thirty (30) Days of the effective date of an order issuing a
legally binding change, any resulting amendment shall be deemed effective
on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and
conditions, unless otherwise ordered. ln the event neither Party provides
notice within thirty (30) Days, the effective date of the legally binding change
shall be the Effective Date of the amendment unless the Parties agree to a
different date.
Removal of Existing Obligations. Notwithstanding anything in this Agreement
to the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is no longer
required by Applicable Law to continue to provide any service, facility,
arrangement, payment or benefit (Discontinued Arrangements) otherwise
required to be provided to CLEC under this Agreement, then CenturyLink
may discontinue the provision of any such service, facility, arrangement,
payment or benefit. CenturyLink will provide thirty (30) Days prior written
notice to CLEC of any such discontinuation, unless a different notice period
or different conditions are specified by Applicable Law, in which event such
specified period and/or conditions shall apply. lmmediately upon provision of
such written notice to CLEC, CLEC will be prohibited from ordering, and
CenturyLink will not provide, new Discontinued Arrangements. The Parties
may amend this Agreement pursuant to the Amendment Section following to
reflect such change in Applicable Law. lf CLEC disputes CenturyLink's
discontinuance of such service, facility, arrangement, payment or benefit, the
dispute resolution procedures of this Agreement shall apply, and any
consequent changes to the terms of this Agreement (including billing terms)
as a result of such change in Applicable Law shall be retroactive to the
discontinuation date set forth in CenturyLink's written notice to CLEC unless
a definitive effective date is specified by Applicable Law.
Additions to Existing Obligations. Notwithstanding anything in this Agreement
to the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is required by
such change in Applicable Law to provide a service not already provided to
CLEC under the terms of this Agreement, the Parties agree to add or modify,
in writing, the affected term(s) and condition(s) of this Agreement to the
extent necessary to bring them into compliance with such change in
Applicable Law. The Parties shall initiate negotiations to add or modify such
terms upon the written request of a Party. lf the Parties cannot agree to
additional or modified terms to amend the Agreement, the Parties shall
submit the dispute to dispute resolution pursuant to the procedures set forth
in this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, the
Amendment Section following shall control. Should the Parties be unable to
reach agreement with respect to the applicability of such order or the
resulting appropriate modifications to this Agreement, either Party may invoke
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the Dispute Resolution provisions of this Agreement. CenturyLink may charge
rates to CLEC under this Agreement that are approved by the Commission in
a generic cost proceeding, whether such action was commenced before or
after the Effective Date of this Agreement, as of the effective date of the
Commission decision and such ordered rates shall be implemented without
the requirement of an Amendment to this Agreement.
11. AMENDMENTS
11.1 Any amendment, modification, deletion or supplement to this Agreement
must be in writing, dated and signed by an authorized representative of each
Party and filed with the Commission, except for notices of Discontinued
Arrangements. The term Agreement shall include any such future
amendments, modifications, deletions and supplements.
ASSIGNMENT
12.1 lf any Affiliate of either Party succeeds to that portion of the business of such
Party that is responsible for, or entitled to, any rights, obligations, duties, or
other interests under this Agreement, such Affiliate may succeed to those
rights, obligations, duties, and interest of such Party under this Agreement.
ln the event of any such succession hereunder, the successor shall expressly
undertake in writing to the other Party the performance and liability for those
obligations and duties as to which it is succeeding a Party to this Agreement.
Except as provided in Section12.1, any assignment of this Agreement or of
the obligations to be performed, in whole or in part, or of any other interest of
a Party hereunder, without the other Party's written consent, shall be void.
Upon a request by a Party for such consent, the other Party shall not
unreasonably withhold or delay such consent, provided however, that
reasonable grounds for withholding consent would include, without limitation,
the existence of any material Default by the requesting Party. For purposes
of this paragraph, a Party shall be considered to be in material Default if there
are any outstanding undisputed amounts owed that have not been paid by
the due date.
lf a Party uses products or services obtained from the other Party under this
Agreement to serve End Users, then such Party may not make any sale or
transfer of such End User accounts, or any facilities used to serve such End
Users, unless the purchaser or transferee has executed a written agreement
to assume liability for any outstanding unpaid balances owed to the other
Party under this Agreement for such services and products. Notwithstanding
any assumption of liability by the purchaser or transferee, the Party selling or
transferring such End User accounts, or facilities, shall remain jointly liable for
the unpaid balances until the same are satisfied, in full, unless the selling or
transferring Party obtains a written release of liability from the other Party,
which release shall be at the reasonable discretion of the other Party.
lf a Party seeks to transfer only a portion of facilities ordered pursuant to this
Agreement, while retaining other facilities, then such transfer shall be treated
as a disconnection and subsequent activation, subject to applicable
disconnection and activation charges for such facilities, including any early
termination fees, if applicable.
12.2
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12.
12.3
12.4
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13. GONFIDENTIALINFORMATION
13.2
All information which is disclosed by one Party (Disclosing Party) to the other
Party (Recipient) in connection with this Agreement, or acquired in the course
of performance of this Agreement, shall be deemed confidential and
proprietary to the Disclosing Party and subject to this Agreement, except as
provided in Section 13.5 below or as specifically provided elsewhere in this
Agreement. Such information includes but is not limited to, orders for
services, usage information in any form, and CPNI as that term is defined by
the Act and the rules and regulations of the FCC, and where applicable, the
rules and regulations of the Commission (Confidential lnformation).
Each Party agrees to use Confidential lnformation only for the purpose of
performing under this Agreement, to hold it in confidence, to disclose it only
to employees or agents who have a need to know it in order to perform under
this Agreement, and to safeguard Confidential lnformation from unauthorized
use or disclosure using no less than the degree of care with which Recipient
safeguards its own Confidential lnformation.
Recipient may disclose Confidential lnformation if required by law, a court, or
governmental agency, if the Disclosing Party has been notified of the
requirement promptly after Recipient becomes aware of the requirement, and
the Recipient undertakes all laMul measures to avoid disclosing such
information until Disclosing Party has had reasonable time to obtain a
protective order. Recipient will comply with any protective order that covers
the Confidential lnformation to be disclosed.
Neither Party shall produce, publish, or distribute any press release nor other
publicity referring to the other Party or its Affiliates, or referring to this
Agreement, without the prior written approval of the other Party. Each Party
shall obtain the other Party's prior approval before discussing this Agreementin any press or media interviews. ln no event shall either Party
mischaracterize the contents of this Agreement in any public statement or in
any representation to a governmental entity or member thereof.
Recipient shall have no obligation to safeguard Confidential lnformation
which was in the Recipient's possession free of restriction prior to its receipt
from Disclosing Party, which becomes publicly known or available through no
breach of this Agreement by Recipient, which is rightfully acquired by
Recipient free of restrictions on its disclosure, or which is independently
developed by personne! of Recipient to whom the Disclosing Party's
Confidential lnformation had not been previously disclosed.
Survival. The obligation of confidentiality and use with respect to Confidential
lnformation disclosed by one Party to the other shall survive any termination
of this Agreement for a period of five (5) years from the date of the initial
disclosure of the Confidential lnformation.
Each Party agrees that in the event of a breach of this Section by Recipient
or its representatives, Disclosing Party shall be entitled to equitable relief,
including injunctive relief and specific performance. Such remedies shall not
be exclusive, but shall be in addition to all other remedies available at law or
in equity.
Unless otherwise agreed, neither Party shall publish or use the other Party's
13.3
13.4
13.5
13.6
13.7
13.8
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logo, trademark, service mark, name, language, pictures, symbols or words
from which the other Party's name may reasonably be inferred or implied in
any product, service, advertisement, promotion, or any other publicity matter,
except that nothing in this paragraph shall prohibit a Party from engaging in
valid comparative advertising. This Section shall confer no rights on a Party
to the service marks, trademarks and trade names owned or used in
connection with services by the other Party or its Affiliates, except as
expressly permitted by the other Party.
13.9 Except as otherwise expressly provided in this Section, nothing herein shall
be construed as limiting the rights of either Party with respect to its customer
information under any Applicable Law, including without limitation $222 of the
Act.
CONSENT
14.1 Except as otherwise expressly stated in this Agreement, where consent,
approval, mutual agreement or a similar action is required by any provision of
this Agreement, such action shall not be unreasonably withheld, conditioned
or delayed, except where such action is stated to be within a Party's sole
discretion.
CONTACTS BETWEEN THE PARTIES
15.1 Each Party shall update its own contact information and escalation list and
shall provide such information to the other Party for purposes of inquiries
regarding the implementation of this Agreement. Each Party shall accept all
inquiries from the other Party and provide a timely response. CenturyLink will
provide and maintain its contact and escalation list on the CenturyLink
Website, and any updates also will be provided on the Website. lnformation
contained on the Website will include a single contact telephone number for
CenturyLink's CLEC Service Center (via an 800#) that CLEC may call for all
ordering and status inquiries and other day-to-day inquiries at any time during
the Business Day. ln addition, the Website will provide CLEC with contact
information for the personnel and/or organizations within CenturyLink capable
of assisting CLEC with inquiries regarding the ordering, provisioning and
billing of lnterconnection, UNE and resale services. lncluded in this
information will be the contact information for a person or persons to whom
CLEC can escalate issues dealing with the implementation of the Agreement
and/or for assistance in resolving disputes arising under the Agreement.
GENERAL DISPUTE RESOLUTION
14.
15.
f6.
16.1
16.2
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The following provisions apply to dispute resolution under the Agreement,
except that the terms of Section 55 shall also apply to the resolution of any
billing disputes.
Alternative to Litigation. Except as provided under $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 an action seeking a temporary restraining
order, an injunction related to the purposes of this Agreement, or suit to
compel compliance with this dispute resolution process, the Parties agree
that the following resolution procedures shall be used. The dispute resolution
provisions of this Section shall not preclude the Parties from seeking relief
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16.2.1
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available in any other forum.
16.2.2
A Party may not submit a dispute to any court, commission or
agency of competent jurisdiction for resolution unless at least
sixty (60) Days have elapsed after the Party asserting the
dispute has given written notice of such dispute to the other
Party. Such notice must explain in reasonable detail the specific
circumstances and grounds for each disputed item. lf a Party
gives notice of a billing dispute more than thirty (30) Days after
the billing date and has not paid the Disputed Amounts by the
payment due date, then the notice of such dispute shall be
deemed to have been given thirty (30) Days after the billing date
for purposes of calculating the time period before such dispute
may be submitted to any court, commission or agency of
competent jurisdiction for resolution.
The Parties shall meet or confer as often as they reasonably
deem necessary in order to discuss the dispute and negotiate in
good faith in an effort to resolve such dispute. The specific
format for such discussions will be left to the discretion of the
Parties, provided, however, that all reasonable requests for
relevant, non-privileged, information made by one Party to the
other Party shall be honored, and provided that the following
terms and conditions shall apply:
lf the Parties are unable to resolve the dispute in the normal
course of business within thirty (30) Days after delivery of notice
of the Dispute (or such longer period as may be specifically
provided for in other provisions of this Agreement), then upon
the request of either Party, the dispute shall be escalated to
other representatives of each Party that have more authority
over the subject matter of the dispute. Referral of a dispute by a
Party to its legal counsel shall be considered an escalation for
purposes of this paragraph.
lf the Parties are unable to resolve the dispute within sixty (60)
Days after delivery of the initial notice of the dispute, then either
Party may file a petition or complaint with any court, commission
or agency of competent jurisdiction seeking resolution of the
dispute. The petition or complaint shall include a statement that
both Parties have agreed (by virtue of this stipulation) to request
an expedited resolution within sixty (60) Days from the date on
which the petition or complaint was filed, or within such shorter
time as may be appropriate for any Service Affecting dispute.
lf the court, commission or agency of competent jurisdiction
appoints an expert(s), a special master, or other facilitato(s) to
assist in its decision making, each Party shall pay half of the
fees and expenses so incurred. A Party seeking discovery shall
reimburse the responding Party the reasonable costs of
production of documents (including search time and
reproduction costs). Subject to the foregoing, each Party shall
bear its own costs in connection with any dispute resolution
16.2.3
16.2.4
16.2.5
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procedures, and the Parties shall equally split the fees of any
arbitration or arbitrator that may be employed to resolve a
dispute.
16.2.6 During dispute resolution proceedings conducted by any court,
commission or agency of competent jurisdiction each Party shall
continue to perform its obligations under this Agreement
provided, however, that neither Party shall be required to act in
any unlaMulfashion.
16.2.7 A dispute which has been resolved by a written settlement
agreement between the Parties or pursuant to a determination
by any court, commission or agency of competent jurisdiction
may not be resubmitted under the dispute resolution process.
17. INTENTIONALLY LEFT BLANK
18. INTENTIONALLY LEFT BLANK
19. ENTIRE AGREEMENT
19.1
19.2
19.3
This Agreement, including all Parts and subordinate documents attached
hereto or referenced herein, all of which are hereby incorporated by reference
herein, constitutes the entire agreement of the Parties pertaining to the
subject matter of this Agreement and supersedes all prior and
contemporaneous agreements, negotiations, proposals, and representations,
whether written or oral, 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.
The Parties acknowledge and agree that they have had adequate opportunity
to negotiate this Agreement pursuant to a give and take process, and that the
inclusion or exclusion of any provisions within this Agreement shall be without
prejudice to either Party's right to advocate for different rights or obligations to
apply under any circumstances other than the exercise and enforcement of
and the rights and obligations hereunder. The provisions of this Agreement
shall not be deemed or considered to have any probative value as to the
substance of either Party's rights or advocacy positions concerning the
matters set forth herein, nor deemed to constitute acquiescence or a waiver
by either Party with respect to such matters under any circumstances ofher
than the exercise and enforcement of and the rights and obligations
hereunder, nor shall either Party be estopped or otherwise precluded from
asserting any such rights reserved hereunder at any time hereafter in any
forum, without any diminishment of such rights based upon the passage of
time or any course of conduct which is consistent with the Agreement.
To the extent this Agreement contains any provisions which are not governed
by 47 U.S.C. $251 and which could otherwise be addressed in a separate
stand-alone agreement, such inclusion does not subject such provisions to
the compulsory arbitration or other provisions of 47 U.S.C. 5252, and the
Parties do not waive any position they may have with respect to the
applicability or non-applicability of such federal statutes to any provisions
hereof.
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23.
FORCE MAJEURE
20J ln the event that performance of this Agreement, or any obligation hereunder,
is either directly or indirectly prevented, restricted, or interfered with by
reason of fire, flood, earthquake, unusually severe weather, epidemics or like
acts of God, nuclear accidents, power blackouts, wars, terrorism, 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, or any other material change of circumstances
beyond the reasonable control and without the fault or negligence of the Party
affected (Force Majeure Events), the Party affected, upon giving prompt
notice to the other Party, shall be excused from such performance on a day-
to-day basis to the extent of such prevention, restriction, or interference (and
the other Party shall likewise be excused from performance of its obligations
on a day-to-day basis until the delay, restriction or interference has ceased);
provided however, that the Party so affected shall use commercially
reasonable efforts to avoid or remove such causes of nonperformance or
Force Majeure Events, and both Parties shall proceed whenever such causes
or Force Majeure Events are removed or cease.
20.2 lt is expressly agreed that insolvency or financial distress of a Party is not a
Force Majeure Event and is not otherwise subject to this Section.
Notwithstanding the provisions of Section 20.1 above, in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
20.3 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
FRAUD
21.1 The Parties agree that they shall cooperate with one another to investigate,
minimize and take corrective action in cases of fraud. CenturyLink will
cooperate in good faith but shall bear no responsibility for, nor is it required to
investigate or make adjustments to, CLEC's account in cases of fraud. The
Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to
the other.
HEAD!NGS
22.1 The headings and numbering of Sections and Parts in this Agreement are for
convenience and identification only and shall not be construed to define or
limit any of the terms herein or affect the meaning or interpretation of this
Agreement.
INTELLECTUAL PROPERTY
23.1 CLEC acknowledges that its right under this Agreement to interconnect with
CenturyLink's network and to unbundle and/or combine CenturyLink's
Unbundled Network Elements (including combining with CLEC's Network
Elements) may be subject to or limited by lntellectual Property rights
(including, without limitation, patent, copyright, trade secret, trademark,
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21.
22.
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23.2
23.3
23.4
23.5
23.6
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service mark, trade name and trade dress rights) and other rights of third
parties.
CLEC acknowledges that services and facilities to be provided by
CenturyLink hereunder may use or incorporate products, services or
information proprietary to third party vendors and may be subject to or limited
by lntellectual Property rights (including, without limitation, patent, copyright,
trade secret, trademark, service mark, trade name and trade dress rights)
and other rights of third parties.
Upon written request by CLEC, CenturyLink will use commercially reasonable
efforts to procure rights or licenses to allow CenturyLink to use lntellectual
Property and other rights of third parties to provide lnterconnection, UNEs,
services and facilities to CLEC (Additional Rights and Licenses). CLEC shall
promptly reimburse CenturyLink for all costs incurred by CenturyLink and/or
CenturyLink's Affiliates in connection with the procurement of Additional
Rights and Licenses, including without limitation all software license fees
and/or maintenance fees, or any increase thereof, incurred by CenturyLink or
any CenturyLink Affiliate. CenturyLink shall have the right to obtain
reasonable assurances of such prompt reimbursement by CLEC prior to the
execution by CenturyLink or any CenturyLink Affiliate of any new agreement
or extension of any existing agreement relating to any Additional Rights and
Licenses. ln the event CLEC fails to promptly reimburse CenturyLink for any
such cost, then, in addition to other remedies available to CenturyLink under
this Agreement, CenturyLink shall have no obligation to provide to CLEC any
Unbundled Network Element, product, service or facility to which such
Additional Rights and Licenses relate until payment is made. ln the event
any Unbundled Network Element to which the Additional Rights and Licenses
relate is provided to any carrier(s) other than CenturyLink, CenturyLink's
Affiliates and CLEC, CenturyLink shall reasonably apportion among CLEC
and such non-CenturyLink carriers, on a prospective basis only, the costs
incurred by CenturyLink and/or its Affiliates in connection with the
procurement and continuation of such Additional Rights and Licenses;
provided, however, that such apportionment shall not apply to any previously
incurred costs and shall apply only for the period of such provision to such
carrie(s).
Both Parties agree to promptly inform the other of any pending or threatened
lntellectual Property Claims of third parties that may arise in the performance
of this Agreement.
For the purposes of this Agreement, any lntellectual Property originating from
or developed by such Party shall remain in the exclusive ownership of that
Party. Notwithstanding the exclusive ownership of lntellectual Property
originated by a Party, the Party that owns such lntellectual Property will not
assess a separate fee or charge to the other Party for the use of such
lntellectual Property to the extent used in the provision of a product or
service, available to either Party under this Agreement, that utilizes such
lntellectual Property to function properly.
Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other lntellectual
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23.7
23.8
24.3
24.4
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24.
Property, now or hereafter owned, controlled or licensable by either Party.
Except as expressly provided in this Agreement, neither Party may use any
patent, copyrightable materials, trademark, trade name, trade secret or other
lntellectual Property, of the other Party except in accordance with the terms
of a separate license agreement between the Parties granting such rights.
Except as provided in Section 23.3 and/or Section 25.1, neither Party shall
have any obligation to defend, indemnify or hold harmless, or acquire any
license or right for the benefit of, or owe any other obligation or have any
liability to, the other Party or its Affiliates or customers based on or arising
from any third party claim alleging or asserting that the provision or use of
any service, facility, arrangement, or software by either Party, or the
performance of any service or method, either alone or in conjunction with the
other Party, constitutes direct, vicarious or contributory infringement or
inducement to infringe, or misuse or misappropriation of any patent,
copyright, trademark, trade secret, or any other proprietary or intellectual
Property right of any Party or third person. Each Party, however, shall offer
to the other reasonable cooperation and assistance in the defense of any
such claim.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT
THERE DOES NOT EXIST, ANY WARMNTY, EXPRESS OR IMPLIED,
THAT THE USE BY EACH PARTY OF THE OTHER'S SERVICES
PROVIDED UNDER THIS AGREEMENT SHALL NOT GIVE RISE TO A
CLAIM OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY
INTELLECTUAL PROPERTY RIGHT.
LAW ENFORCEMENT
24.1 Except to the extent not available in connection with CenturyLink's operation
of its own business, CenturyLink shall provide assistance to law enforcement
persons for emergency traps, assistance involving emergency traces and
emergency information retrieval on customer invoked CLASS services,
twenty-four (24) hours per day, seven (7) days a week.
Except where prohibited by a subpoena, civil investigative demand, or other
legal process, CenturyLink agrees to work jointly with CLEC in security
matters to support law enforcement agency requirements for traps, traces,
court orders, etc. CLEC shall be responsible for and shall be billed for any
charges associated with providing such services for CLEC's End Users.
Where CenturyLink receives a subpoena from law enforcement, and its
database search shows that the telephone number in question is not a
CenturyLink account, CenturyLink shall send such information back to law
enforcement, along with the name of the company to which such account is
connected, if available, for further processing by law enforcement.
lf a Party receives a subpoena, civil investigative demand, or other legal
process (hereinafter, subpoena) issued by a court or governmental agency
having appropriate jurisdiction, and such subpoena expressly prohibits the
Party receiving the subpoena (receiving Party) from disclosing the receipt of
the subpoena or the delivery of a response to the subpoena, such receiving
Party shall not be required to notify the other Party that it has received and/or
24.2
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responded to such subpoena, even if the subpoena seeks or the receiving
Party's response thereto discloses Confidential lnformation of the other Party
or its customers. Under such circumstances, the receiving Party's disclosure
to the other Party of its receipt of or delivery of a response to such a
subpoena shall be governed by the requirements of the subpoena and/or the
court, governmental agency or law enforcement agency having appropriate
jurisdiction.
24.5 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA.
Each Party shall indemnify and hold the other Party harmless from any and
all penalties imposed upon the other Party for such noncompliance and shall
at the non-compliant Party's sole cost and expense, modify or replace any
equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply
with CALEA.
LIAB!LITY AND INDEMNIFICATION
25.1 lndemnification Against Third-Party Claims. Each Party (the lndemnifying
Party) agrees to indemnify, defend, and hold harmless the other Party (the
lndemnified Party) and the other Party's Subsidiaries, predecessors,
successors, Affiliates, and assigns, and all current and former officers,
directors, members, shareholders, agents, contractors and employees of all
such persons and entities (collectively, with lndemnified Party, the
"lndemnitee Group"), from any and all Claims (as hereinafter defined).
25.1.1 For purposes of this Section 25, Claim means any action, cause of
action, suit, proceeding, claim, or demand of any third party (and all
resulting judgments, bona fide settlements, penalties, damages,
losses, liabilities, costs, and expenses (including, but not limited to,
reasonable costs and attorneys' fees)),
(a) based on allegations that, if true, would establish
(i) the lndemnifying Party's breach of this Agreement;
the !ndemnifying Party's misrepresentation, fraud or other
misconduct;
the !ndemnifying Party's negligent or willful misconduct or
omissions;
infringement by the lndemnifying Party or by any
lndemnifying Party product or service of any patent,
copyright, trademark, service mark, trade name, right of
publicity or privacy, trade secret, or any other proprietary
right of any third party;
(v) the lndemnifying Party's liability in relation to any wrongful
disclosure of private or personal matters or material which
is defamatory; or
(vi) the lndemnifying Party's wrongful use or unauthorized
disclosure of data; or
(b) that arises out of:
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25.
( ii)
( iii)
(iv)
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25.2
25.3
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(i) any act or omission of the lndemnifying Party or its
subcontractors or agents relating to the lndemnifying
Party's performance or obligations under this Agreement or
the Indemnifying Party's use of any services or facilities
obtained from or provided by the other Party under this
Agreement;
(ii) any act or omission of the lndemnifying Party's
customer(s) or End User(s) pertaining to the services or
facilities provided under this Agreement;
(iii) the bodily injury or death of any person, or the loss or
disappearance of or damage to the tangible property of
any person, relating to the lndemnifying Party's
performance or obligations under this Agreement;
(iv) the lndemnifying Party's design, testing, manufacturing,
marketing, promotion, advertisement, distribution, lease or
sale of services andior products to its customers, or such
customers' use, possession, or operation of those services
and/or products; or
(v) personal injury to or any unemployment compensation
claim by one or more of the lndemnifying Party's
employees, notwithstanding any protections the
lndemnifying Party might otherwise have under applicable
workers' compensation or unemployment insurance law,
which protections the lndemnifying Party waives, as to the
lndemnified Party and other persons and entities to be
indemnified under this Section (other than applicable
employee claimant(s)).
25.1.2 For purposes of this Section, Reasonable costs and aftorneys'
fees, as used in this Section, includes without limitation fees and
costs incurred to interpret or enforce this Section.
25.1.3 The lndemnified Party will provide the lndemnifying Party with
reasonably prompt written notice of any Claim. At the
lndemnifying Party's expense, the !ndemnified Party will provide
reasonable cooperation to the lndemnifying Party in connection
with the defense or settlement of any Claim. The lndemnified
Party may, at its expense, employ separate counsel to monitor
and participate in the defense of any Claim.
Each Party shall indemnify the other Party from all Claims by the
indemnifying Party's End Users pertaining to the services or facilities
provided under this Agreement.
DISCLAIMER OF WARRANTIES. EXCEPT FOR THOSE WARMNTIES
EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY
STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES
AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR
CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY
THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
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WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARMNTIES
EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY
STATUTE, THERE IS NO WARMNTY OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION,
AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE
SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR
MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT.
NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR
ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN,
INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS,
DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE
BINDING UPON EITHER PARTY AS A WARMNTY.
25.4 Limitation of Liability; Disclaimer of Consequential Damages; Exceptions.
25.4.1 EXCEPT AS PROVIDED IN SECTION 25.4.2, NEITHER
PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR
SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY
(|NCLUDING WTTHOUT LTMTTATTON DAMAGES FOR HARM
TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST
PROFITS SUFFERED BY THE OTHER PARTY),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT,
INCLUDING WITHOUT LIMITATION, NEGLIGENCE OF ANY
KIND WHETHER ACTIVE OR PASSIVE, AND REGARDLESS
OF WHETHER THE PARTIES KNEW OF THE POSSIBILITY
THAT SUCH DAMAGES COULD RESULT.
25.4.2 The limitation of liability under Section 25.4.1 does not apply to
the following:
a. lndemnification under Section 25.1;
b. Breach of any obligation of confidentiality referenced in
this Agreement;
c. Violation of security procedures;
d. Any breach by CLEC
CLEC's access to or
Systems;
provision relating to
Operations Support
Failure to properly safeguard, or any misuse of,
customer data;
Statutory damages;
Liability for intentional or willful misconduct;
Liability arising under any applicable CenturyLink Tariff;
Liability arising under any indemnification provision
contained in this Agreement or any separate
agreement or Tariff related to provisioning of 9111E911
Services;
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use of
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25.5
25.5.3
25.5.4
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Each Party's obligations under Section 24 of this
Agreement;
Section 25.5.2 and/or Section 25.5.4 of this
Agreement;
Section 35 of this Agreement; and/or
Liability arising under any indemnification provision
contained in a separate agreement or Tariff related to
provisioning of Directory Listing or Directory Assistance
Services.
Miscellaneous Limitations. ln addition to the general limitation of liability in
this Section 25, the following shall also limit a Party's liability under this
Agreement.
25.5.1 lnapplicability of Tariff Liability. Any general liability, as
described in a Party's local exchange or other Tariffs, does not
extend to the other Party, the other Party's End User(s),
suppliers, agents, employees, or any other third parties. Liability
of one Party to the other Party resulting from any and all causes
arising out of services, facilities, UNEs or any other items
relating to this Agreement shall be governed by the liability
provisions contained in this Agreement and no other liability
whatsoever shall attach to CenturyLink. CenturyLink shall not
be liable for any loss, claims, liability or damages asserted by
CLEC, CLEC's End User(s), suppliers, agents, employees, or
any other third parties where CLEC combines or Commingles
such components with those components provided by
CenturyLink to CLEC,
CLEC Contracts. CLEC shall include language in its future
contracts for services provided to third parties and its End Users
using products, services, facilities or UNEs obtained from
CenturyLink, provide that in no case shall CLEC's suppliers or
contractors (including CenturyLink) be liable for any indirect,
incidental, reliance, special, consequential or punitive damages,
including, but not limited to, economic loss or lost business or
profits, whether foreseeable or not, and regardless of notification
of the possibility of such damages, and CLEC shall indemnify,
defend and hold harmless CenturyLink and CenturyLink's
lndemnitee Group from any and all claims, demands, causes of
action and liabilities by or to, and based on any reason
whatsoever, CLEC, CLEC's End User(s), suppliers, agents,
employees, or any other third parties.
Nothing in this Agreement shall be deemed to create a third-
party beneficiary relationship between a Party and any of the
other Party's End Users, suppliers, agents, employees, or any
other third parties.
No Liability for Errors. CenturyLink is not liable for mistakes in
their respective signaling networks (including but not limited to
signaling links and Signaling Transfer Points (STPs)) and call-
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related databases (including but not limited to the Line
lnformation Database (LIDB), Toll Free Calling database, local
Number Portability database, Advanced lntelligent Network
databases, Calling Name database (CNAM), 9111E911
databases, and OS/DA databases).
25.5.5 CenturyLink shall be liable for damage to or destruction of
CLEC's equipment and other Premises only if such damage or
destruction is caused by CenturyLink's sole negligence or willful
misconduct.
SUBGONTRACTORS
26.1 A Party may use a contractor or service partner (including, but not limited to,
an Affiliate of the Party) to perform the Party's obligations under this
Agreement. A Party's use of a contractor or service partner shal! not release
the Party from any duty or liability to fulfill the Party's obligations under this
Agreement.
27.INSURANCE
27.1 During the term of this Agreement, CLEC shall, at its own cost and expense,
maintain insurance as required hereunder. The insurance coverage will be
from a company, or companies, with an A.M. Best's rating of A-Vll or better
and licensed to do business in each state where the services are performed
and/or facilities provided by the Parties pursuant to this Agreement. CLEC
may obtain all insurance limits through any combination of primary and
excess or umbrella liability insurance. CLEC will require its subcontractors to
maintain proper insurance applicable to the type and scope of work to be
performed related to this agreement.
27.1.1 Commercial General Liability with limits of not less than
$1,000,000 per occurrence and $2,000,000 aggregate covering
bodily injury, property damage, personal and advertising injury,
contractual I ia bility a nd prod ucts/com pleted operations;
27.1.2 CommercialAutomobileliability, includingallowned, non-owned
and hired automobiles, in an amount of not less than $1,000,000
combined single limit per occurrence for bodily injury and
property damage;
27.1.3 Workers Compensation with statutory limits in the state where
the services are performed and/or facilities provided by the
Parties pursuant to this Agreement including Employer's Liability
or "Stop Gap" insurance with limits of not less than $500,000
each accident or disease;
27.1.4 "All Risk" property insurance on a full replacement cost basis
insuring CLEC's property situated on or within any CenturyLink
Premises. CLEC may elect to insure business interruption and
contingent business interruption, as it is agreed that CenturyLink
has no liability for loss of profit or revenues should an
interruption of service occur.
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27.1.5 Umbrella or excess liability in an amount not less than
$5,000,000 per occurrence and aggregate in excess of the
above-referenced Commercial General, Business Auto and
Employer's Liability, naming CenturyLink as additional insured.
27.2 Nothing contained in this Section shall limit CLEC's liability to CenturyLink to
the limits of insurance certified or carried.
27.3 CenturyLink, its Affiliates, subsidiaries, and parent, as well as the officers,
directors, employees and agents of all such entities will be included as
additional insured on the policies described in subsections27.l.1 and 27.1.2
above. CLEC shall cause its insurers waive their rights of subrogation
against CenturyLink, its Affiliates, subsidiaries, and parent, as well as the
officers, directors, employees and agents of all such entities for all the
coverage described above unless such endorsement is prohibited by law or
regulation. The coverage described in subsection27.1.1 will be primary and
not contributory to insurance which may be maintained by CenturyLink, but
only for the actions of CLEC or those who the CLEC is responsible. Prior to
commencement of work under this Agreement and upon renewal of each
policy described above, CLEC will furnish to CenturyLink evidence of the
insurance required herein.
NON.EXCLUSIVE REMED!ES
28.1 Except as otherwise provided herein, all rights of termination, cancellation or
other remedies prescribed in this Agreement, or otherwise available, are
cumulative and are not intended to be exclusive of other remedies to which
the injured Party may be entitled to under this Agreement or at law or in
equity in case of any breach or threatened breach by the other Party of any
provision of this Agreement, and use of one or more remedies shall not bar
use of any other remedy for the purpose of enforcing the provisions of this
Agreement.
RESERVATION OF RIGHTS
29.1 Notwithstanding anything to the contrary in this Agreement, neither Party
waives, and each Party hereby expressly reserves, its rights: (a) to appeal or
otherwise seek the reversal of and changes in any arbitration decision
associated with this Agreement; (b) to seek changes in this Agreement
(including, but not limited to, changes in rates, charges and the services that
must be offered) through changes in Applicable Law; and, (c) to challenge the
lawfulness and propriety of, and to seek to change, any Applicable Law,
including, but not limited to any rule, regulation, order or decision of the
Commission, the FCC, or a court of applicable jurisdiction. Nothing in this
Agreement shall be deemed to limit or prejudice any position a Party has
taken or may take before the Commission, the FCC, any other state or
federal regulatory or legislative bodies, courts of applicable jurisdiction, or
industry fora. The provisions of this Section shall survive the expiration,
cancellation or termination of this Agreement.
NOTICES
30.1 Any notices required by or concerning this Agreement shall be in writing and
shall be deemed to have been received as follows: (a) on the date of service
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if served personally; (b) on the date three (3) Business Days after mailing if
delivered by First Class U.S. mail, postage prepaid; (c)on the date stated on
the receipt if delivered by certified U.S. mail, registered U.S. mail, overnight
courier or express delivery service with next Business Day delivery, or (d) on
the date of an email, when such notices are sent to the addresses specified
below.
3O.2 Notices conveyed pursuant to this Section shall be delivered to the following
addresses of the Parties or to such other address as either Party shall
designate by proper notice:
CenturyLink
Director Wholesale Contracts
930 1sth Street, 6th Floor
Denver, CO 80202
Email: [e-mail]
Phone: [phone]
With copy to CenturyLink at the address shown below:
CenturyLink Law Department
Associate General Counsel, lnterconnection
1801 California Street, 9th Floor
Denver, CO 80202
Email : Leqal. I nterconnection@centurylink. com
Phone: [phone]
CLEC at the address shown below:
RCLEC, lnc.
Jeff Slater, Senior Director-Voice Gateways
20 Davis Drive
Belmont, CA 94002
Email: [e-mail]
With copy to CLEC at the address shown below:
Anita Taff-Rice, Esq,
1547 Palos Verdes, #298
Walnut Creek CA 94597
Email: [e-mail]
Telephone: 4'15-699-7885
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31.REFERENCES
31.1 All references to Articles, Sections, attachments, Tables and the like shall be
deemed to be references to Articles, Sections, attachments and Tables of this
Agreement unless the context shall othenruise require.
32.RELATIONSHIP OF THE PARTIES
32.1 The relationship of the Parties under this Agreement shall be that of
independent contractors and nothing herein shall be construed as creating
any other relationship between the Parties.
Nothing in this Agreement shall make either Party or a Party's employee an
employee of the other, create a partnership, joint venture, or other similar
relationship between the Parties, or grant to either Party a license, franchise,
distributorship or similar interest.
Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal
representative or Agent of the other Party, nor shall a Party have the right or
authority to assume, create or incur any liability or any obligation of any kind,
express or implied, against, in the name or on behalf of the other Party unless
otherwise expressly permitted by such other Party in writing, which
permission may be granted or withheld by the other Party in its sole
discretion.
Each Party shall have sole authority and responsibility to hire, fire,
compensate, supervise, and otherwise control its employees, Agents and
contractors. Each Party shall be solely responsible for payment of any Social
Security or other taxes that it is required by Applicable Law to pay in
conjunction with its employees, Agents and contractors, and for withholding
and remitting to the applicable taxing authorities any taxes that it is required
by Applicable Law to collect from its employees, including but not limited to
Social Security, unemployment, workers' compensation, disability insurance,
and federal and state withholding.
Except as provided by Section 26, the persons provided by each Party to
perform its obligations hereunder shall be solely that Party's employees and
shall be under the sole and exclusive direction and control of that Party.
They shall not be considered employees of the other Party for any purpose.
Except as otherwise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party, whether regulatory or
contractual, or to assume any responsibility for the management of the other
Party's business.
The relationship of the Parties under this Agreement is a non-exclusive
relationship.
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 Section.
32.2
32.3
32.4
32.5
32.6
32.7
32.8
SUCCESSORS AND ASSIGNS. BINDING EFFECT
33.1 This Agreement shall be binding on and inure to the benefit of the Parties and
their respective legal successors and permitted assigns.
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SURVIVAL
34.1 The rights, liabilities and obligations of a Party for acts or omissions occurring
prior to the expiration or termination of this Agreement, the rights, liabilities
and obligations of a Party under any provision of this Agreement regarding
confidential information (including but not limited to, Section 13), limitation or
exclusion of liability, indemnification or defense (including, but not limited to,
Section 25), and the rights, liabilities and obligations of a Party under any
provision of this Agreement which by its terms or nature is intended to
continue beyond or to be performed after the expiration, or termination of this
Agreement, shall survive the expiration or termination of this Agreement.
TA)GS/FEES
35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and
35.4) and fees/regulatory surcharges (defined in Section 35.5) resulting from
the performance of this Agreement shall be bome by the Party upon which
the obligation for payment is imposed under Applicable Law, even if the
obligation to collect and remit same is placed upon the other Party. The
collecting Party shall charge and collect from the obligated Party, and the
obligated Party agrees to pay to the collecting Party, all applicable taxes, or
fees/regulatory surcharges, except to the extent that the obligated Party
notifies the collecting Party and provides to the collecting Party appropriate
documentation as the collecting Party reasonably requires that qualifies the
obligated Party for a full or partial exemption. Any such taxes shall be shown
as separate items on applicable billing documents between the Parties. The
obligated Party may contest the same in good faith, at its own expense, and
shall be entitled to the benefit of any refund or recovery, provided that such
Party shall not permit any lien to exist on any asset of the other Party by
reason of the contest. The collecting Party shall cooperate in any such
contest by the other Party. The other Party will indemnify the collecting Party
from any sales or use taxes that may be subsequently levied on payments by
the other Party to the collecting Party.
Notwithstanding anything to the contrary contained herein, CLEC is
responsible for furnishing tax exempt status information to CenturyLink at the
time of the execution of the Agreement. CLEC is also responsible for
furnishing any updates or changes in its tax exempt status to CenturyLink
during the Term of this Agreement. ln addition, CLEC is responsible for
submitting and/or filing tax exempt status information to the appropriate
regulatory, municipality, local governing, and/or legislative body. lt is
expressly understood and agreed that CLEC's representations to CenturyLink
concerning the status of CLEC's claimed tax exempt status, if any, and its
impact on this Section 35 are subject to the indemnification provisions of
Section 25, which, for purposes of this Section, serve to indemnify
CenturyLink.
Tax. A tax is defined as a charge which is statutorily imposed by the federal,
State or localjurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the purchaser
and the seller is responsible for remitting the charge(s) to the federal, State or
local jurisdiction or (b) imposed on the purchaser with the seller having an
obligation to collect the charge(s) from the purchaser and remit the charge(s)
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35.
35.2
35.3
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35.4
35.5
36.2
39.
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to the federal, State or localjurisdiction.
Taxes shall include but not be limited to: federal excise tax, State/local sales
and use tax, State/local utility user tax, State/local telecommunication excise
tax, State/local gross receipts tax, and local school taxes. Taxes shall not
include income, income-like, gross receipts on the revenue of a Party or
property taxes. Taxes shall not include payroll withholding taxes unless
specifically required by statute or ordinance.
Fees/Regulatory Surcharges. A fee/regulatory surcharge is defined as a
charge imposed by a regulatory authority, other agency, or resulting from a
contractual obligation, in which the seller is responsible or required to collect
the fee/surcharge from the purchaser and the seller is responsible for
remitting the charge to the regulatory authority, other agency, or contracting
Party. Fees/regulatory surcharges shall include but not be limited to
E9111911, other N11, franchise fees, and Commission surcharges.
36.TERR!TORY
36.1 This Agreement applies to the territory in which CenturyLink operates as an
ILEC in the State. CenturyLink shall be obligated to provide services under
this Agreement only within this territory.
Notwithstanding any other provision of this Agreement, CenturyLink may
terminate this Agreement as to a specific operating territory or portion thereof
pursuant to Section 7.7 of this Agreement.
THI RD.PARTY BENEFICIARI ES
37.1 Except as expressly set forth in this Agreement, this Agreement is for the sole
benefit of the Parties and their permitted assigns, and nothing herein shall
create or be construed to provide any person or entity not a Party hereto
(including, but not limited to, customers or contractors of a Party) with any
rights (including, but not limited to, any third-party beneficiary rights)
remedies, claims or rights of action hereunder. Except as expressly set forth
in this Agreement, a Party shall have no liability under this Agreement to the
customers of the other Party or to any other third person.
USE OF SERVICE
38.1 Each Party shall make commercially reasonable efforts to ensure that its End
Users comply with the provisions of this Agreement (including, but not limited
to the provisions of applicable Tariffs) applicable to the use of services
purchased by it under this Agreement.
FEDERAL JURISDICTIONAL AREAS
39.1 To the extent that CenturyLink has contracts with federal entities that limit or
prohibit the ability of CLEC to provide resale and/or UNEs, such contracts will
govern Telecommunications Services in areas or structures used for military
purposes (Federal Enclaves). Thus, Telecommunications Services to such
Federal Enclaves are not subject to the jurisdiction of the Commission, and
the Parties agree that Services provided within Federal Enclaves are not
within the scope of this Agreement.
WAIVER
40.1 Waiver by either Party of any Default by the other Party shall not be deemed
37.
38.
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a waiver of any other Default. A failure or delay of either Party to enforce any
of the provisions of this Agreement, or any right or remedy available under
this Agreement or at law or in equity, or to require performance of any of the
provisions of this Agreement, or to exercise any option which is provided
under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options, and the same shall continue in full
force and effect.
WITHDRAWAL OF SERVICES
41.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, CenturyLink may terminate its offering and/or
provision of any particular service offering covered by this Agreement upon at
least thirty (30) Days prior written notice to CLEC.
42.TECHNOLOGY UPGRADES
42.1 Notwithstanding any other provision of this Agreement, CenturyLink may
deploy, upgrade, migrate and maintain its network at its discretion. Nothing
in this Agreement shall limit CenturyLink's ability to modify its network
through the incorporation of new equipment or software or otherwise. CLEC
shall be solely responsible for the cost and activities associated with
accommodating such changes in its own network.
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ARTICLE III. !MPLEMENTATION
The terms of this Article address the requirements for the implementation of this Agreement
between the Parties. Notwithstanding the above, to the extent permitted by Agreement terms
and Applicable Law, any terms in this Article may be invoked or otherwise remain applicable
subsequent to the initial implementation of this Agreement.
IMPLEMENTATION PLAN43.
43.1
43.2
u.SECURITY DEPOSIT
44.1
44.2
44.3
44.4
44.5
44.6
This Agreement together with the Standard Practices and any Tariff terms
incorporated herein by reference, set forth the overall standards of
performance for the services, processes, and systems capabilities that the
Parties will provide to each other, and the intervals at which those services,
processes and capabilities will be provided. The Parties understand that the
arrangements and provision of services described in this Agreement shall
require technical and operational coordination between the Parties. To the
extent not otherwise specified or incorporated by reference herein, the
Parties agree to work cooperatively to identify those processes, guidelines,
specifications, standards and additional terms and conditions necessary to
support and satisfy the standards set forth in this Agreement and implement
each Party's obligations hereunder.
Dispute Resolution. lf the Parties are unable to agree upon any of the
matters to be included in the lmplementation Plan, then either Party may
invoke the procedures set forth in Sectionl6.
CenturyLink reserves the right to secure the account at any time with a
suitable security deposit in the form and amounts set forth herein. lf payment
of the security deposit is not made within thirty (30) Days of the request,
CenturyLink may stop processing orders for service and Carrier will be
considered in material breach of the Agreement.
Security deposits shall take the form of cash or cash equivalent, an
irrevocable letter of credit or other form of security acceptable to CenturyLink.
lf a security deposit is required on a new account, CLEC will remit such
security deposit prior to inauguration of service. lf a security deposit is
requested or increased for an existing account, payment of the security
deposit will be made prior to acceptance by CenturyLink of additional orders
for service.
Security deposits shall be in an amount equal to two (2) months' estimated
billings as calculated by CenturyLink, or twice the most recent month's
invoices from CenturyLink for existing accounts. All security deposits will be
subject to a minimum deposit level of $10,000.
The fact that a security deposit has been made in no way relieves CLEC from
complying with CenturyLink's regulations as to advance payments and the
prompt payment of bills on presentation, nor is it a waiver or modification of
the regular practices of CenturyLink for the discontinuance of service for
non-payment of any sums due CenturyLink.
CenturyLink may require an increase in the security deposit when (a) the
amount of the deposit currently held by CenturyLink is less than two (2)
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44.7
44.8
44.9
44.10
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months' estimated billings, or (b) when gross monthly billing has increased
beyond the level initially used to determine the security deposit.
Any security deposit shall be held by CenturyLink as a guarantee of payment
of any charges for services billed to CLEC pursuant to this Agreement or in
connection with any other services provided to CLEC by CenturyLink.
CenturyLink may exercise its right to credit any cash deposit to CLEC's
account, or to demand payment from the issuing bank or bonding company of
any irrevocable bank letter of credit, upon the occurrence of any one of the
following events:
44.7.1 when CLEC's undisputed balances due to CenturyLink are more
than thirty (30) Days past due; and/or
44.7.2 to the extent permitted by Applicable Laws, when CLEC files for
protection under the bankruptcy laws; and/or
44.7.3 to the extent permitted by Applicable Laws, when an involuntary
petition in bankruptcy is filed against CLEC and is not dismissed
within sixty (60) Days; and/or
44.7.4 when this Agreement expires or terminates; and/or
44.7.5 any letter of credit issued hereunder or any bank issuing a letter
of credit hereunder (each, a Letter of Credit Bank) fails to meet
the terms, conditions, and requirements set forth below in this
Section; and/or
44.7.6 CLEC fails to provide CenturyLink with a replacement letter of
credit on the terms set forth herein at least ten (10) Business
Days prior to the expiration of any letter of credit issued to
CenturyLink hereunder.
lf any security deposit held by CenturyLink is applied as a credit toward
payment of CLEC's balances due to CenturyLink, then CenturyLink may
require CLEC to provide a new deposit. lf payment of the new deposit is not
made within thirty (30) Days of the request, CenturyLink may stop processing
orders for service and CLEC will be considered in breach of the Agreement.
Any security deposit may be held during the continuance of the service as
security for the payment of any and all amounts accruing for the service. No
interest will accrue or be paid on deposits unless required by Applicable Law.
Any letter of credit issued to CenturyLink hereunder must meet the following
requirements:
44.10.1 The bank issuing any letter of credit hereunder (the Letter of
Credit Bank) must maintain a minimum credit rating of A (by
Standard & Poor's) or F2. (by Moody's). !f CLEC proposes that
the letter of credit be issued by a bank that is not so rated by
Standard & Poor's or Moody's, then CLEC must obtain the prior
written approval by CenturyLink to use such bank as the Letter
of Credit Bank.
44.10.2 The original letter of credit shall be in such form and on terms
that are acceptable to CenturyLink and must include an
automatic one-year renewal extension.
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44.10.3 lf CLEC receives notice from the Letter of Credit Bank of any
non-renewal of a letter of credit issued hereunder, then CLEC
shall promptly give written notice to CenturyLink of such notice
of non-renewal. Not later than ten (10) Business Days prior to
the expiration of the letter of credit, CLEC shall provide
CenturyLink a replacement letter of credit on substantially
identical terms to the existing letter of credit (or such other terms
as are acceptable to CenturyLink). lf CLEC provides a
replacement letter of credit not later than ten (10) Business Days
prior to the expiration of the expiring letter of credit, then
CenturyLink shall not make a drawing under the expiring letter of
credit. Upon receipt of a replacement letter of credit meeting the
requirements set forth in this Agreement, CenturyLink will
provide the original, expiring letter of credit to CLEC.
44.10.4 lf CLEC desires to replace any letter of credit issued to
CenturyLink hereunder, whether due to non-renewal or
otherwise, each such replacement letter of credit and the Letter
of Credit Bank issuing such replacement letter of credit must
meet the terms, conditions and requirements set forth in this
Section.
START.UP DOCUMENTATION
CLEC is required to submit to CenturyLink the CLEC Profile, and other
required documentation, as described in the process on the CenturyLink
Wholesale Website.
CLEC must represent and warrant to CenturyLink that it is a certified local
provider of Telephone Exchange Service in the State prior to submitting
orders or exchanging any traffic under this Agreement.
46.LETTER OF AUTHORTZATION (LOA)
46.1 To the extent CLEC has not previously done so, CLEC shall execute a
blanket letter of authorization (LOA) with respect to customer requests to
change service providers or to permit the Party to view CPNI, such as
pursuant to the submission of a Customer Service Record (CSR) Search
order, prior to a request to change service providers.
Each Party's access to CPNI of another Party's End User will be limited to
instances where the requesting Party has obtained the appropriate
authorization required under Applicable Law to change service providers or
release of CPNI from the End User.
The requesting Party is solely responsible for determining whether proper
authorization has been obtained and holds the other Party harmless from any
loss or liability on account of the requesting Party's failure to obtain proper
CPNI authorization from a customer.
The requesting Party must maintain records of all customer authorizations to
change service providers or release of CPNI in compliance with State and
federal law. Such documentation shall be kept in all cases, irrespective of
whether or not the prospective subscriber ultimately changes local service
providers. Such documentation shall be kept for the minimum period
46.2
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45.
45.1
45.2
46.3
46.4
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46.5
46.6
46.7
46.8
46.9
46.10
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specified in 47 C.F.R. 564.1120(a)(1)(ii).
For any prospective CLEC End User, CenturyLink shall provide CLEC with
access to that subscriber's CPNI and Customer Service Records (CSRs)
without requiring CLEC to produce an individually signed LOA prior to
changing service providers or releasing CPNI, providing Customer Service
Records (CSRs), or processing orders, subject to applicable rules, orders,
and decisions, and based on CLEC's blanket representation under the LOA
that it has obtained authorization from each such prospective End User to
obtain such CPNI, CSRs or submit such orders.
The provisioning of CPNI from CenturyLink to CLEC shall be accomplished
th roug h the preorderi ng Electron ic I nterface.
ln the event a subscriber complains or other reasonable grounds exist, a
Party may request verification of subscriber authorizations. Documentation
that a Party is required to maintain under 47 C.F.R. 564.1120 shall be made
available to the other Party within thirty (30) Days of a written request for
such documents. Failure to produce proper documentation within thirty (30)
Days of such request shall be considered a material breach of this
Agreement. lf a Party fails to provide proper documentation of permission
obtained from prospective subscribers for at least ninety five percent (95%) of
subscribers whose CPNI has been obtained from the other Party, and if such
failure continues for over sixty (60) Days after written notice of the breach,
then as an alternative to terminating this Agreement pursuant to Section 7.6
for an uncured Default, the other Party may discontinue processing new
Service Orders and/or disconnect any electronic preordering interface until
such failures have been substantially rectified and the Defaulting Party has
provided adequate assurances to the other Party that adequate steps have
been implemented to prevent ongoing problems with such records
compliance. The exercise of this alternative remedy shall not act as a waiver
of the right to terminate this Agreement under Section 7.6 if an ongoing
Default is not substantially rectified within sixty (60) Days written notice.
Any dispute between the Parties with respect to their rights and obligations
under this Section shall be subject to the Dispute Resolution provisions of this
Agreement, and the Parties must attempt to resolve any dispute concerning
the validity of subscriber authorizations prior to filing a formal complaint with
the Commission provided however, that the sixty (60) Day waiting period for
filing a Complaint under Section 16.2.4 shall not apply to such disputes. lf a
Party files a Complaint with the Commission to resolve any such dispute,
then while such proceeding is pending the other Party shall not be entitled to
exercise alternative remedy under Section 46.6 unless the Commission
determines otherwise.
The cure period in Section 7.7 for material Defaults shall not affect either
Party's obligation to comply with the requirements of 47 C.F.R. $64.1150 to
give timely notice to the Commission and other carriers of any unauthorized
carrier change, to remove any unpaid charges, and to submit proper
documentation to the relevant governmental agency within thirty (30) Days.
CenturyLink will bill CLEC fifty dollars ($5O.OO; per affected line in lieu of any
additional charge in order to compensate CenturyLink for switching the End
User back to the original LEC.
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ARTICLE IV. OPERATIONAL TERMS
STANDARD PRACTICES
47.1 Standard Practices may incorporate by reference various industry, OBF, and
other standards referred to throughout this Agreement, which may be
implemented to satisfy any CenturyLink obligations under this Agreement.
lf CLEC desires notice of changes made to CenturyLink's Standard Practices,
CLEC may make such a request during the Agreement implementation
process or at any subsequent time during the term of this Agreement.
47.2
48.ESCALATION PROCEDURES
48.1 The Standard Practices outlines the escalation process which may be
invoked at any point in the Service Ordering, Provisioning, and Maintenance
processes to facilitate rapid and timely resolution of disputes.
INTENTIONALLY LEFT BLANK
CONTACT WITH END USERS
50.1
50.2
50.3
50.4
50.5
50.6
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47.
49.
50.
Each Party at all times shall be the primary contact and account controlfor all
interactions with its End Users, unless otherwise agreed to by the Parties.
End Users include active subscribers as well as those for whom Service
Order installations are pending.
CenturyLink shall have no obligation, to accept a communication from a
CLEC End User, including, but not limited to, a CLEC End User request for
repair or maintenance of a CenturyLink service provided to CLEC.
Each Party shall update its own contact information and escalation list and
shall provide such information to the other Party for purposes of inquiries
regarding the implementation of this Agreement. Each Party shall accept all
inquiries from the other Party and provide a timely response. CenturyLink will
provide and maintain its contact and escalation list on its CenturyLink
Website.
The Parties will ensure that all representatives who receive inquiries
regarding the other Party's services shall provide appropriate referrals to
potential customers who inquire about the other Party's services or products.
The Parties shall not in any way disparage or discriminate against the other
Party or that other Party's products and services, and shall not solicit each
others' customers during such inquiries, provided however, a Party can
answer unsolicited customer questions about products and services of that
Party.
The Parties will not use a request for End User information, order submission,
or any other aspect of its processes or services to aid its retail marketing or
sales efforts.
CenturyLink will provide training, on a non-discriminatory basis, for all
CenturyLink employees who may communicate, either by telephone or face-
to-face, with CLEC End Users. Such training shall include compliance with
the branding requirements of this Agreement including without limitation
provisions of forms, and unbranded Not at Home notices.
CenturyLink will recognize CLEC as the Subscriber of Record for all Network
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Elements or services for resale ordered by CLEC and will send all notices,
invoices, and information which pertain to such ordered services directly to
CLEC. CLEC will provide CenturyLink with addresses to which CenturyLink
willsend allsuch notices, invoices, and information.
51. CAPACITY PLANNING AND FORECASTS
51.1 Forecast Requirements for lnterconnection
51.1.1 Within thirty (30) Days from the Effective Date of this
Agreement, or as soon after the Effective Date as practicable,
the Parties agree to meet and develop joint planning and
forecasting responsibilities which are applicable to
lnterconnection services. CenturyLink may delay processing
CLEC Service Orders should CLEC not perform obligations as
specified in this Section.
CLEC shall provide forecasts for traffic utilization over trunk
groups. Orders for trunks that exceed forecasted quantities for
forecasted locations will be accommodated as facilities and/or
equipment are available. CenturyLink shall make all reasonable
efforts and cooperate in good faith to develop alternative
solutions to accommodate orders when facilities are not
available. Company forecast information must be provided by
CLEC to CenturyLink twice a year. The initial trunk forecast
meeting should take place soon after the first implementation
meeting. A forecast should be provided at or prior to the first
implementation meeting.
Facilities will be planned for in accordance with the trunk
forecasts exchanged between the Parties as described in this
Section.
51.1.2
51.2 Format and Content
51.1.3
51.2.1
51.2.2
51.2.3
51.2.4
51.2.5
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Unless otherwise specified by CenturyLink, the forecasting
forms located on the CenturyLink Wholesale Website will be
used by CLEC for the requirements of this Section.
The joint planning process/negotiations should be completed
within two (2) months of the initiation of such discussion.
Description of major network projects that affect the other Party
will be provided in the semi-annual forecasts. Major network
projects include but are not limited to trunking or network
rearrangements, shifts in anticipated traffic patterns, or other
activities by CLEC that are reflected by a significant increase or
decrease in trunking demand for the following forecasting
period.
Parties shall meet to review and reconcile the forecasts if
forecasts vary significantly.
CLEC shall provide an updated trunk forecast when ordering or
requesting additional trunks from CenturyLink anytime after the
initial trunk implementation.
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51.3 Responsibility of Parties
51.3.1 The Parties agree to abide by the following if a forecast cannot
be agreed to: Local lnterconnection Trunk Groups will be
provisioned to the higher forecast. A blocking standard of one
percent (1%) during the average busy hour shall be maintained.
Should the Parties not agree upon the forecast, and the Parties
engineer facilities at the higher forecast, the Parties agree to
abide by the following:
a. ln the event that CLEC over-forecasts its trunking
requirements by twenty percent (20o/o) or more, and
CenturyLink acts upon this forecast to its detriment,
CenturyLink may recoup any actual and reasonable
expense it incurs.
b. The calculation of the twenty percent (2io/o) over-forecast
will be based on the number of DS1 equivalents for the
total traffic volume exchanged between the Parties.
51.3.2 ln addition to the joint trunk group forecasting established in
Section 51.1, discussions to provide relief to existing facilities
can be initiated by either Party. Actual system augmentations
will be initiated upon mutualagreement.
51.3.3 Both Parties will perform a joint validation to ensure current
lnterconnection Facilities and associated trunks have not been
over-provisioned. lf any facilities and/or associated trunks are
over-provisioned, they will be turned down where appropriate.
Trunk design blocking criteria described in Section 64.3.4 will be
used in determining trunk group sizing requirements and
forecasts.
51.3.4 lf, based on the forecasted equivalent DS-1 growth, the existing
facilities are not projected to exhaust within one year, the Parties
will suspend further relief planning on this lnterconnection until a
date one (1) year prior to the projected exhaust date. lf growth
patterns change during the suspension period, either Party may
re-initiate the joint planning process.
51.3.5 Both Parties will negotiate a project service date and
corresponding work schedule to construct relief facilities prior to
facilities exhaust.
52. BONA FIDE REQUEST (BFR)
52.1 Through the BFR process, CLEC may request: (a) lnterconnection or access
to a Network Element CenturyLink is required to provide under Applicable
Law, but such lnterconnection or Network Element is new, undefined or
otherwise required to be provided but not available under the terms of this
Agreement; (b) access to facilities and equipment that are not Currently
Available, or to UNEs that are superior or inferior in quality than those that
CenturyLink provides to itself; and (c) certain other services, features,
capabilities or functionalities defined and agreed upon by the Parties as
services to be ordered via the BFR process.
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52.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall
only be required to provide or continue to provide lnterconnection or UNEs
and/or other arrangements and services that CenturyLink is otherwise
obligated to provide under Applicable Law pursuant to the provisions of this
Agreement, including the BFR process, if needed. While CenturyLink may
permit CLEC to submit BFR requests for lnterconnection or Network
Elements, arrangements or services that CenturyLink is not obligated under
Applicable Law to provide, CenturyLink is not required to provide such
lnterconnection or Network Elements, arrangements or services, and
CenturyLink may elect or decline to provide same at its sole discretion.
52.3 Process
52.3.1
52.3.2
52.3.3
52.3.4
52.3.5
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CLEC shall submit to CenturyLink a written BFR application
(Request), in a form to be provided by CenturyLink and as
published on CenturyLink's Website. The Request shall
specifically identify relevant technical requirements and
descriptions, drawings, locations and/or any other such
specifications that are reasonably necessary to clearly define the
Request such that CenturyLink has sufficient information to
analyze and prepare a response.
lf fulfilling the request involves construction or engineering
analysis, CenturyLink will notify CLEC of such and CLEC will
make the non-refundable NRC payment set forth in Table 1 to
compensate CenturyLink for its costs to perform the analysis.
CenturyLink shall have no obligation to further evaluate the
request, conduct any analysis or prepare a price quote for the
requested service until the non-refundable NRC payment has
been received.
CLEC may cancel a Request in writing at any time prior to
agreeing on price and availability in the final quote. CenturyLink
will then cease analysis and/or development of the Request.
However, CLEC will pay CenturyLink its reasonable and
demonstrable costs of processing and/or implementing the BFR
up to and including the date on which CenturyLink receives
CLEC's notice of cancellation if such costs are not already
covered in full by a previously submitted non-refundable NRC
payment.
CenturyLink shall acknowledge in writing the receipt of a
Request and shall identify a single point of contact to process
the Request within ten (10) Business Days of CenturyLink's
receipt of a Request. CenturyLink will advise CLEC of any
additional information needed for a complete and accurate
Request.
Except under extraordinary circumstances, within thirty (30)
Days of its receipt of a complete and accurate Request,
CenturyLink will approve or deny the Request (Preliminary
Analysis). lf CenturyLink denies CLEC's Request, the
Preliminary Analysis will provide the reason(s) for such denial.
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52.3.6
52.3.7
ORDERING AND PROVISIONING
53.1 National Exchange Access Center (NEAC)
53.1.1
53.1.2
53.1.3
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52.3.8
52.3.9
CLEC may accept or reject CenturyLink's Preliminary Analysis,
at its discretion. CLEC will provide written acceptance of the
Preliminary Analysis to CenturyLink within thirty (30) Days of its
receipt of the Preliminary Analysis or CLEC's Request will be
deemed to be cancelled.
Upon receiving CLEC's written acceptance and authorization of
the Preliminary Analysis, CenturyLink will proceed to develop a
Final Quote. The Final Quote shal! contain a description of each
access arrangement or service to be provided, a tentative
availability date, the applicable rates, the installation intervals,
BFR development and processing costs and the terms and
conditions under which access to the requested Netwok
Element, arrangement or service will be offered. CenturyLink
shall provide the Final Quote within ninety (90) Days of receiving
CLEC's written acceptance and authorization to the Preliminary
Analysis.
The tentative availability date is dependent on when CLEC
accepts the Final Quote. CenturyLink shall make reasonable
efforts to provide an availability date that is within ninety (90)
Days from the date it receives CLEC's written FinalAcceptance
as described below in Section 52.3.9. lf CenturyLink cannot
complete the BFR within ninety (90) Days of receiving CLEC's
Final Acceptance, CenturyLink and CLEC will then determine a
mutually agreeable availability date.
Within thirty (30) Days of receipt of the Final Quote, CLEC must
either (a) confirm or cancel its Request in writing (Final
Acceptance), or (b) submit any disputed issues with the Final
Quote for dispute resolution pursuant to Section 16. CLEC's
written acceptance must include payment of one-hundred
percent (100%) of the quoted costs.
53.
CenturyLink shall provide a NEAC or equivalent which shall
serve as CLEC's point of contact for all activities involved in the
ordering and provisioning of CenturyLink's Unbundled Network
Elements, features, functions, and resale services.
The NEAC shall provide to CLEC a nationwide telephone
number answered during its normal office hours by competent,
knowledgeable personnel trained to answer questions and
resolve problems in connection with the ordering and
provisioning of Unbundled Network Elements (except those
associated with local trunking lnterconnection), features,
functions, capabilities, and resale services.
CenturyLink shall provide, as requested by CLEC, through the
NEAC, provisioning and Premises visit installation support in the
form of coordinated scheduling, status, and dispatch capabilities
during CenturyLink's standard business hours, unless the
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53.2
Parties agree otherwise.
National Access Service Center (NASC)
53.2.1
53.3 Ordering and Provisioning
53.3.1
53.3.2
53.3.3
53.3.4
53.3.5
53.3.6
53.3.7
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CenturyLink shall provide a NASC or equivalent which shall
serve as CLEC's point of contact for all activities involved in the
ordering and provisioning of CenturyLink's lnterconnection
services.
CenturyLink will provide necessary ordering and provisioning
business process support as well as those technical and
systems interfaces as may be required to enable CLEC to
provide resale services, including the functions, features, and
capabilities of such services, and Unbundled Network Elements.lf CenturyLink deploys any enhanced electronic capability
CenturyLink will notify CLEC of availability and CLEC shall use
the processes for performing transaction(s) to the extent
practicable and the use of any other interface or process will be
discontinued.
The Parties agree that orders for services under this Agreement
will not be submitted or accepted until thirty (30) Days after the
completion of all account establishment activities, including but
not limited to, the documents and information subscribed in
Section 45.1, unless the Parties mutually agree upon a different
date based on the specific circumstances of the Parties'
relationship.
Except as specifically provided otherwise in this Agreement, pre-
ordering, ordering and provisioning of resold services shall be
governed in accordance with CenturyLink's Standard Practices.
CenturyLink will provide provisioning intervals and procedures
for design and complex services on a nondiscriminatory basis.
Complex Service Order charges pursuant to Tariff terms may
apply.
Where Technically Feasible, the NEAC will coordinate support
for all designed and/or complex services provided to CLEC.
To the extent required by Applicable Law, and upon request
from CLEC, employing CenturyLink's LSR, CenturyLink will
provide blocking of 700, 900, and 976 services, or other services
of similar type as may now exist or be developed in the future,
and shall provide Billed Number Screening (BNS), including
required LIDB updates, or equivalent service for blocking
completion of bill-to-third party and collect calls, on a line, PBX,
or individual service basis. Blocking shall be provided to the
extent (a) it is an available option for the Telecommunications
Service resold by CLEC, or (b) it is Technically Feasible when
requested by CLEC as a function of Unbundled Network
Elements.
When ordering a resale service via an LSR Service Order,
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53.4
53.5
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CLEC may order separate interLATA and lintralATA service
providers (i.e., two PlCs) on a line or trunk basis, and CLEC
agrees to pay the applicable Service Order and PIC charges
associated with such order. CenturyLink will accept PIC change
orders for lntraLATA toll and long distance services through the
service provisioning process.
53.3.8 The standard Service Order charges as listed in the Table 1 of
this Agreement shall apply to all orders.
Pre-qualification of Lines
53.4.1 CenturyLink will accept line pre-qualification requests as follows:
53.4.2 CLEC will submit a Line Pre-Qualification Request using the
CenturyLink order submission process. Each order is limited to
a maximum of seven (7) lines. Each line must be identified by
the following:
a. Customer Telephone Number
b. Customer Address
c. Customer Name
53.4.3 CenturyLink will acknowledge receipt of the request or reject the
request and give reasons therefore within twenty-four (24)
Business Day hours. Within three (3) Days of receiving a
complete and accurate request, CenturyLink wil! report by email
the following data on the line(s): length of loop, number of load
coils, and number of bridge taps.
53.4.4 CLEC shall pay the pre-qualification order price set forth in
Table 1 for each submitted order.
53.4.5 Pre-qualification requests are submitted at CLEC's sole
discretion. CenturyLink bears no liability for line quality or the
ability of a line to meet CLEC's needs where CLEC has
submitted an order without having the line pre-qualified.
Service Order Process Requirements
53.5.1 CenturyLink will accept orders for As-ls Transfer of services
from CenturyLink to CLEC where CenturyLink is the End User's
current local exchange carrier.
53.5.2 For resale of CenturyLink services CenturyLink shall not
disconnect any subscriber service or existing features at any
time during the migration of that subscriber to CLEC service
without prior CLEC agreement.
53.5.3 When CLEC has obtained an End User from another reseller of
CenturyLink services, CLEC will inform CenturyLink of the
transfer by submitting standard LSR forms to CenturyLink via
the LSR process.
53.5.4 Subject only to any system limitation noted in CenturyLink's
Standard Practices, Multiple Working Telephone Numbers
(WTN) may be included in one order provided the numbers are
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for the same customer at a specific location.
53.5.5 !n situations where CLEC has the use of the facilities (i.e., Local
Loop) to a specific customer Premises, either through resale of
local service or the lease of the Local Loop as an Unbundled
Network Element, and CenturyLink receives a good faith request
for service from a customer at the same Premises or from
another carrier with the appropriate customer authorization, the
procedures below will apply.
53.5.6 CenturyLink will follow methods prescribed by the FCC and any
applicable State regulation for carrier change verification.
53.5.7 Where CLEC is using a single facility to provide service to
multiple End Users, CenturyLink will not disconnect that facility
as a result of the following procedures.
53.5.8 When CLEC submits an order for an End User that is changing
local service providers for existing service, and is not adding
service (i.e., an additional line), CenturyLink will process the
service request without delay, and provide the losing competitive
LEC a customer loss notification consistent with industry
standards.
53.5.9 When an order is submitted for an End User adding service to
existing service (i.e., an additional line), the order should be
marked as an additional line and existing facilities will not be
affected.
53.5.10 Unless otherwise directed by CLEC and when technically
capable, when CLEC orders resale Telecommunications
Services all trunk or telephone numbers currently associated
with existing services shall be retained without loss of feature
capability and without loss of associated ancillary services
including, but not limited to, Directory Assistance and 9111E911
capability.
53.5.11 CenturyLink shall provide unbranded intercept treatment and
transfer of service announcements to CLEC's End Users.
CenturyLink shall provide such treatment and transfer of service
announcement in accordance with local Tariffs and as provided
to similarly situated CenturyLink End Users for all service
disconnects, suspensions, or transfers.
53.5.12 For services provided through UNEs, CenturyLink shall
recognize CLEC as an agent, in accordance with OBF
developed processes, for the End User in coordinating the
disconnection of services provided by another CLEC or
CenturyLink. ln addition, CenturyLink and CLEC will work
cooperatively to minimize service interruptions during the
conversion.
53.6 Abandoned Service
53.6.1 Abandoned service occurs when an End User vacates Premises
without notifying the local service provider and a new End User
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53.6.2
53.6.3
53.6.4
53.7 Due Date
53.7.1
53.7.2
53.7.3
53.8 Coordination Requests
53.8.1
53.8.2
53.8.3
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moves into the vacated Premises and orders service from a
local service provider and neither CenturyLink nor the previous
local service provider are aware that the original End User has
abandoned the service in place.
When a canier requests service at a location and marks the
order as abandoned and CLEC is the previous local service
provider, CenturyLink shall notify local service provider that it
has had a request for service at the Premises that is currently
being served by CLEC.
lf available to CenturyLink, CenturyLink shall include the name
and address of the party receiving service at such Premises, but
at a minimum shall provide localservice address information.
lf the local service provider does not respond within twenty-four
(24) hours (excluding weekends and holidays) after receiving
CenturyLink's notification or if local service provider responds
relinquishing the facilities, CenturyLink shall be free to use the
facilities in question and CenturyLink shall issue a disconnect
order with respect to the service at that location. lf local service
provider responds stating that the service is working and should
not be disconnected, CenturyLink will notify the carrier ordering
service and request verification of the Premises or the
submission of an order for an additional line.
CenturyLink shall supply CLEC with due date intervals to be
used by CLEC personnelto determine service installation dates.
The ordering process and standard provisioning intervals
applicable to resale services and unbundled Network Elements
are set forth on the CenturyLink Website, and such process and
intervals shall apply.
CenturyLink shall use reasonable efforts to complete orders by
CLEC requested due date within agreed upon intervals.
CenturyLink will provide ordering and provisioning coordination
services during the business hours specified on its Website,
through the NEAC, at the charges specified in Tablel.
For subscriber conversions requiring coordinated cut-over
activities, on a per order basis, CenturyLink and CLEC will agree
on a scheduled conversion time, which will be a designated time
period within a designated date, and will be dependent upon the
availability of CenturyLink resources.
Any request made by CLEC to coordinate conversions after
normal working hours, or on Saturdays or Sundays or
CenturyLink holidays shall be performed at CLEC's request and
expense. Coordination requests outside of normal business
hours/weekends will incur additional charges.
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53.9
53.10
53.11
53.12
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53.8.4 CenturyLink will perform all of its standard pre-service testing
prior to the completion of the Service Order. Subject to the terms
of this Agreement, CenturyLink is responsible only for the
installation, operation and maintenance of the UNEs it provides.
CenturyLink is not otherwise responsible for the
Telecommunications Services provided by CLEC through the
use of those Network Elements.
53.8.5 Upon CLEC's request, CenturyLink shall suspend or restore the
functionality of any Network Element, feature, function, or resale
service to which suspend/restore is applicable.
53.8.6 Upon completion of the requests submitted by CLEC,
CenturyLink shall provide to CLEC a completion notification.
Subscriber Premises lnspections and Installations
53.9.1 CLEC shall perform or contract for all CLEC's needs
assessments, including equipment and installation requirements
required beyond the Demarcation PoinVNlD, located at the
subscriber Premises.
Firm Order Confirmation (FOC)
53.10.1 CenturyLink shall provide to CLEC, a Firm Order Confirmation
(FOC) for each CLEC order. The FOC shall contain the
appropriate data elements as defined by the OBF standards.
53.10.2 For a revised FOC, CenturyLink shall provide standard detail as
defined by the OBF standards.
53.10.3 CenturyLink shall provide to CLEC the date that service is
scheduled to be installed.
Order Rejections
53.11.1 CenturyLink shall reject and return to CLEC any order that
CenturyLink cannot provision, due to technical reasons, missing
information, or jeopardy conditions resulting from CLEC ordering
service at less than the standard order interval.
53.11.2 When an order is rejected, CenturyLink will, in its reject
notification, describe the existing reasons for which the order
was rejected.
Service Order Charges
53.12.1 lf an installation or other CLEC ordered work requires a change
from the original CLEC Service Order in any manner, CLEC
shall initiate a revised Service Order. lf requested by CLEC,
CenturyLink will provide CLEC an estimate of additional labor
hours and/or materials.
53.12.2 lf a CLEC End User requests a change, CenturyLink, will, at that
time, direct the CLEC subscriber to contact CLEC, and CLEC
should initiate a new Service Order to have additional work
performed.
53.12.3 When an End User changes or withdraws authorization, each
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53.13
Party shall release customer-specific facilities and/or cancel
orders in progress in accordance with the End User's direction
or the direction of the End User's authorized agent.
lf expedited service is requested, CLEC will populate the
Expedite and Expedite Reason fields on the LSR. CenturyLink
reserves the right to refuse an expedite request if resources are
not available. lf an expedite request is granted, applicable
expedite Service Order charges, as set forth on Table 1, will
apply.
CenturyLink will not accept expedite requests for LNP orders.
53.14 NumberAdministration/NumberReservation
53.14.1 CenturyLink shall provide CLEC with the ability to obtain
telephone numbers while a subscriber is on the phone with
CLEC. When CLEC uses numbers from a CenturyLink NXX,
CenturyLink shall provide the same range of number choices to
CLEC, including choice of exchange number, as CenturyLink
provides its own subscribers. Reservation and aging of
CenturyLink M(Xs shall remain CenturyLink's responsibility.
ln conjunction with an order for service, CenturyLink shall accept
CLEC orders for blocks of numbers for use with complex
services including, but not limited to, DlD, Centrex, and Hunting
arrangements, as requested by CLEC.
Consistent with the manner in which CenturyLink provides
numbers to its own subscribers, no telephone number
assignment is guaranteed until service has been installed.
CenturyLink shall provide testing and loading of CLEC's NXX on
the same basis as CenturyLink provides itself or its Affiliates.
53.14.2
53.15 Cancellations
53.15.1 CenturyLink may cancel orders for service that have had no
activity within thirty-one (31) consecutive Days after the original
service request date. Certain complex UNEs and UNEs
requiring facility build-outs that may take longer than thirty-one
(31) Days to provision will be excluded from this provision.
53.16 Discontinuance of Service (Snap-back Provision)
53.16.1 lf CLEC proposes to discontinue, or actually discontinues, its
provision of service to all or substantially all of its customers,
whether voluntarily, as a result of bankruptcy, or for any other
reason, CLEC shall send written notice of such discontinuation
to CenturyLink, the Commission, and each of CLEC's End
Users. CLEC shall provide notice in advance of discontinuation
of its service as required by Applicable Law. Unless the period
for advance notice of discontinuation of service required by
Applicable Law is more than thirty (30) Days, to the extent
commercially feasible, CLEC shall send such notice at least
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Expedites
53.13.1
53.13.2
53.14.3
53.14.4
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thirty (30) Days prior to its discontinuation of service.
53.16.2 Such notice must advise each CLEC End User that, unless
action is taken by the End User to switch to a different carrier
prior to CLEC's proposed discontinuation of service, the End
User will be without the service.
53.16.3 Should a CLEC End User subsequently become a CenturyLink
customer, CLEC shall provide CenturyLink with all information
necessary for CenturyLink to establish service for the CLEC End
User, including, but not limited to, CLEC End User's billed name,
listed name, service address, and billing address, and the
services being provided to CLEC End Users.
53.17 Nothing in this Section shall limit CenturyLink's right to cancel or terminate
this Agreement under Section 7 and Section 53.15 or to suspend provision of
services under Section 9 of this Agreement.
UNIVERSAL SERVICE FUND
54.1 ln order to collect the costs of CenturyLink's contribution to the Federal
Universal Service Fund (FUSF) in an equitable manner, CenturyLink's End
Users are charged a Federal Universal Service Charge (FUSC). The only
customers who are exempt from paying the FUSC to CenturyLink are those
reseller CLECs who themselves contribute to the FUSF, or who otherwise
qualify for an exemption under the FCC's universal service rules. ln order to
obtain an exemption from paying the FUSC to CenturyLink, CLEC must
provide CenturyLink a signed statement certifying that it is reselling the
services provided by CenturyLink in the form of telecommunications, and will,
in fact, contribute directly to the FUSF. lf CLEC does not provide this
statement, or otherwise certify that it is exempt from remitting the FUSC,
CenturyLink must report the revenues obtained from the provision of service
to CLEC as End User revenues for purposes of calculating and reporting
FUSC contributions, and CenturyLink shall be entitled to recover from CLEC
the resulting FUSF contributions attributable to such revenues, in accordance
with Applicable Law.
To comply with FCC rules regarding the funding of Universal Service, CLEC
is required to complete the form entitled "CERTIFICATION OF FEDERAL
UNIVERSAL SERVICE FUND CONTRIBUTION STATUS' provided by
CenturyLink in order to obtain an exemption from paying the FUSC to
CenturyLink. ln addition, CLEC agrees to provide CenturyLink with an
updated annual certification, no later than February 1 of each calendar year,
so that CenturyLink may ensure that it continues to accurately report its
revenues for FUSF contribution purposes.
54.2.1 lt is expressly understood and agreed by the Parties that
CLEC's provision to CenturyLink of evidence concerning its
making adequate payments into the FUSF, and CLEC's
representations to CenturyLink in connection therewith, are
subject to the indemnification provisions of Section 25, which, for
purposes of this Section, serve to indemnify CenturyLink.
55.BILLING AND PAYMENTS/DISPUTED AMOUNTS
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54.
54.2
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55.1
55.2
s5.3
55.4
55.5
55.6
55.6.3
55.6.4
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ln consideration of the services provided by CenturyLink under this
Agreement, CLEC shall pay the charges set forth in this Agreement, subject
to change in law and to the dispute provisions provided herein. CenturyLink
may limit or modify the form(s) of payment that will be accepted from time to
time. CenturyLink will not accept card payments (e.9., crediUdebiUATM cards)
or any form of payment that reduces the net amount received by CenturyLink.
CLEC must choose a primary media option for invoices. lf no bill media
option is selected, the primary will default to paper. The primary media option
is provided at no charge. lf a second media option is chosen, then an
applicable charge will be assessed at the rate reflected in CenturyLink's
appropriate FCC Tariff. lf CLEC requests additional copies of the monthly
invoice, CenturyLink may also bill CLEC for the additional copies. The
procedures and limitations governing bill media, including the availability of
secondary media and Bill Media Request Forms, are set forth in
CenturyLink's Bill Media Guide.
Recurring Charges, other than Usage Charges, for Telecommunications
Services provided hereunder are applied on a monthly basis. For billing and
crediting purposes, a month is presumed to have thirty (30) Days, regardless
of the actual Days in a given month.
Charges for physical facilities and other non-usage sensitive charges shall be
billed in advance, except for charges and credits associated with the initial or
flnal bills. Usage sensitive charges, such as charges for termination of Local
Traffic, shall be billed in arears.
To the extent that CLEC orders blocking, CLEC is responsible for blocking
charges. lf blocking services are not ordered, CLEC will be responsible for all
charges for 700, 900, and 976 services, or other services of similar type
made by CLECs End Users.
Billing Specifications
55.6.1 The Parties agree that billing requirements and outputs will be
consistent with the Ordering & Billing Form (OBF) and also with
Telcordia Technologies Billing Output Specifications (BOS).
55.6.2 Usage Measurement: Usage measurement for calls shall begin
when answer supervision or equivalent Signaling System 7
(SS7) message is received from the terminating office and shall
end at the time of call disconnect by the calling or called
subscriber, whichever occurs fi rst.
At the end of the billing period, any remaining fraction shall be
rounded up to the nearest whole minute to arrive at total billable
minutes. MOU shall be collected and measured in minutes,
seconds, and tenths of seconds.
Each Party shall calculate terminating MOUs based on standard
AMA recordings made within each Party's network, these
recordings being necessary for each Party to generate bills to
the other Party. ln the event either Party cannot measure
minutes terminating on its network where Technically Feasible,
the other Party shall provide the measuring mechanism or the
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55.7
55.8
55.10
55.11
55.12
55.13
55.14
55.15
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55.9
Parties shallotherwise agree on an alternate arrangement.
Billing for Access Services will be in conformance with Multiple Exchange
Carrier Access Billing (MECAB) guidelines and Multiple Exchange Carriers
Ordering and Design Guidelines for Access Services-lndustry Support
lnterface (MECOD). The Parties will exchange Billing Account Reference and
Bill Account Cross Reference information and will coordinate initial and
subsequent billing cycles. CenturyLink will provide CLEC the appropriate
records to bill Exchange Access charges to the lXC. CenturyLink wil! capture
records for inward terminating calls and send them to CLEC, as appropriate,
via CenturyLink's standard processes. Upon CenturyLink's request, CLEC
will provide CenturyLink the appropriate records to bill Switched Access
Service charges to lXCs. CLEC will capture records for inward terminating
calls and send them to CenturyLink, as appropriate, in an agreed upon
process.
Upon request by CLEC and to the extent CenturyLink is providing call records
for Transit Traffic to other terminating providers served by the same Tandem,
CenturyLink will also provide such records to CLEC.
CenturyLink will bill CLEC for message provisioning and, if applicable, data
tape charges related to Exchange Access traffic and Transit Traffic records.
CenturyLink will bill CLEC for the records at the rates on Table 1. lf CLEC
requests additional copies of the monthly invoice, CenturyLink may also bill
CLEC for the additional copies.
The Parties will bill each other in a timely manner. lf CLEC requests
additional copies of the monthly invoice, CenturyLink may also bill CLEC for
the additional copies.
Except for billing pursuant to a Section 16 Dispute Resolution process
determination, neither Party will initiate credit claims or bill the other Party for
previously unbilled, under-billed or over-billed charges for services under this
Agreement that were provided more than twenty-four (24) months prior to the
applicable most recent Bill Date, unless a longer period is warranted as a
result of fraud, concealment or other similar circumstances.
Except as otherwise provided in this Agreement, payment of amounts billed
for services provided under this Agreement shall be in immediately available
U.S. funds, and shall be due by the Bill Due Date.
lf the Bill Due Date is a Saturday, Sunday, or has been designated a Federal
or bank holiday, payment is due by the next Business Day.
Any undisputed amount not received by the billing Party by the Bill Due Date,
shall be assessed a late payment charge on the past due balance. The billed
Party agrees to pay a late payment charge of one and one-half percent
(1.5%), compounded monthly, provided however, that the billing Party shall
not charge a late fee which exceeds the maximum amount permitted under
any Applicable Laws. Such late payment charges shall be included on the
next billing invoice.
lf any portion of an amount billed under this Agreement is subject to a good
faith dispute between the Parties, the billed Party shall give written notice to
the billing Party of the amounts it disputes (Disputed Amounts) and shall
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55.16
55.17
55.18
55.19
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include in such notice specific details and reasons for disputing each item.
Such written notice shall be submitted in accordance with the process for
submitting billing dispute claims set forth on the CenturyLink website.
Disputed billing claims shall be submitted no later than the Bill Due Date.
55.15.1 lf the billed Party disputes charges after the Bill Due Date and has
not paid such charges, such charges shall be subject to late
payment charges.
55.15.2 Payment of billed amounts that are subsequently disputed after
the Bill due Date, or which become the subject of a request for
adjustment shall not constitute or be deemed to represent a
waiver of such Party's right to submit a dispute or seek an
adjustment of such Party's account with respect to such paid
amounts, and the paying Party shall not be required to designate
any such payment as "conditional" or "under protest" in order to
submit a dispute or seek a subsequent adjustment with respect
to amounts which have previously been paid.
lf a disputed charge is resolved in favor of the Billing Party, the billed Party
shall pay the disputed charges and any applicable late payment charges in
full no later than the next Bill Due Date following resolution of the dispute.
lf the dispute is resolved in favor of the billed Party, the Billing Party will
adjust the Billing after the resolution of the dispute and will credit the Billed
Party for the granted disputed charges and any associated billed late
payment charges.
lf the Parties cannot resolve the dispute within ninety (90) Days of the written
notice of dispute, either Party may give written notice to the other Party
exercising the right to escalate the dispute pursuant to the dispute Resolution
Section of this Agreement. For purposes of this Section, non-resolution
occurs when neither Party agrees whether the billing is incorrect or correct;
i.e., when the billing Party has issued neither a correction nor a denial.
55.18.1 lf the Parties cannot resolve the dispute within ninety (90) Days
of the written notice of dispute, and the Billed Party does not
provide written notice of escalation of the dispute within such
timeframe, the billed Party waives its alleged entitlement to
and/or right to withhold such Disputed Amount and all withheld
amounts, including accumulated late payment charges,
becomes immediately due.
Notwithstanding Sections 55.18 and 55.18.1, if the billing Party provides
written notice to the billed Party that a billing dispute has been denied, stating
the grounds for such determination, then the billed Party shall have thirty (30)
Days in which to either pay the Disputed Amounts or to give written notice to
the other Party exercising the right to escalate the dispute pursuant to the
Dispute Resolution Section of this Agreement. Such notice may be
accompanied by any additional, relevant materials submitted by CLEC. lf the
billed Party fails to give written notice exercising the right to escalate the
dispute within the thirty (30) Days of the notice date of the written denial of a
dispute, the billed Party waives its alleged entitlement to and/or right to
withhold such Disputed Amounts and all withheld amounts, including
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55.19.2
55.20
55.21
55.22
55.22.2
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accumulated late payment charges become immediately due.
55.19.1 Failure by the billed Party to give written notice exercising the
right to escalate a dispute pursuant to the Dispute Resolution
Section of this Agreement. following a notice of denial under
Section 55.11 shall also preclude the Party from thereafter
requesting an escalation of the same dispute under the Dispute
Resolution Section of this Agreement..
Failure by the billed Party to make a timely response to a notice
of denial under Section 55.19 shall result in lifting the
suspension of the payment due date for such disputed invoice,
and the possible assessment of late charges and suspension or
termination of service for non-payment of billed amount in
accordance with this Section 55.
Both CLEC and CenturyLink agree to expedite the investigation of any
Disputed amounts, promptly provide all documentation regarding the amount
disputed that is reasonably requested by the other Party, and work in good
faith in an effort to resolve and settle the dispute through informal means prior
to escalating the billing dispute pursuant to the Dispute Resolution Section of
this Agreement.
A billing dispute which has been resolved by a written settlement agreement
between the Parties may not be resubmitted under the dispute resolution
process.
Effect of Non-Payment
55.22.1 lf the billed Party does not pay all undisputed charges by the Bill
Due Date, the billing Party may discontinue processing orders
for services provided under this Agreement and may invoke the
Default provisions of Section 7.6 on or after the tenth (1Oth) Day
following the Bill Due Date provided the billing Party notifies the
other Party in writing, via email or certified mail, at least five (5)
Days prior to discontinuing the processing of orders. lf the
billing Party continues to accept additional orders for service(s)
after the date specified in such notice, and the billed Party's non-
compliance continues, nothing contained herein shall preclude
the billing Party from refusing to accept any or all additional
orders for service(s) from the non-complying Party without
further notice. For order processing to resume, the billed Party
will be required to make full payment of all past and current
undisputed charges under this Agreement. Additionally, the
billing Party may require a deposit or assurance of payment (or
additional deposit or assurance of payment) from the billed
Party, pursuant to Section 44. ln addition to other remedies that
may be available at law or equity, the billed Party reserves the
right to seek equitable relief, including injunctive relief and
specific performance.
Notwithstanding Section 55.22.1 above, if the billed Party does
not pay all undisputed charges on a bill by the Bill Due Date, the
billing Party may at its option disconnect any and all relevant or
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related services provided under this Agreement on or after the
thirtieth (30th) day following the Bill Due Date after providing
written notification to the billed Party at least seven (7) Business
Days prior to disconnection of the unpaid service(s). Such
notification may be included in a notification to refuse to accept
additional orders pursuant to Section 55.22.1 so long as the
appropriate dates for each consequence are listed therein. lf
the services are disconnected and the billed Party subsequently
pays all such undisputed charges and desires to reconnect any
such disconnected services, the billed Party shall pay the
applicable charge set forth in this Agreement or in the applicable
Tariff for reconnecting each service disconnected pursuant to
this paragraph. ln case of such disconnection, all applicable
undisputed charges, including termination charges, shall
become due and payable. !f the billing Party does not
disconnect the billed Party's service(s) on the date specified in
such notice, and the billed Party's non-compliance continues,
nothing contained herein shall preclude the billing Party from
disconnecting all service(s) of the non-complying Party without
further notice or from billing and collecting the appropriate
charges from the billed Party. Additionally, the billing Party may
require a deposit or assurance of payment (or additional deposit
or assurance of payment) from the billed Party, pursuant to
Section 44. ln addition to other remedies that may be available
at law or equity, the billing Party reserves the right to seek
equitable relief, including injunctive relief and specific
performance.
Notwithstanding Sections 55.22.1 and 55.22.2 above, if the
billing Party is forced to undertake collection efforts for
undisputed, Defaulted or post-termination amounts outstanding
or for Disputed Amounts that have been resolved in the billing
Party's favor, the billed Party is liable for reimbursement to the
billing Party for any and all costs associated with the collection
of such a debt, including but not limited to collection agency fees
and legalfees.
AUDITS
56.1 Each Party to this Agreement will be responsible for the accuracy and quality
of its data as submitted to the other Party involved. Subject to each Party's
reasonable security requirements and except as may be otherwise
specifically provided in this Agreement, either Party, at its own expense, may
audit the other Party's books, records and other documents directly related to
billing and invoicing once in any twelve (12) month period for the purpose of
evaluating the accuracy of the other Party's billing and invoicing. Audit shall
mean a comprehensive review of bills for services performed under this
Agreement; Examination shall mean an inquiry into a specific element of or
process related to bills for services performed under this Agreement. Either
Party (the Requesting Party) may perform one (1) Audit per twelve (12)
month period commencing with the Effective Date, with the assistance of the
other Party, which will not be unreasonably withheld. The Audit period will
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55.22.3
56.
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56.2
56.3
56.4
56.5
56.6
56.7
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57.
include no more than the preceding twelve (12) month period as of the date
of the Audit request. The Requesting Party may perform Examinations, as it
deems necessary, with the assistance of the other Party, which will not be
unreasonably withheld.
Upon thirty (30) Days written notice by the Requesting Party to Audited Party,
Requesting Pafi shall have the right through its authorized representative to
make an Audit, during normal business hours, of any records, accounts and
processes which contain information bearing upon the billing and invoicing of
the services provided under this Agreement. Within the above-described
thirty (30) Day period, the Parties shall reasonably agree upon the scope of
the Audit or Examination, the documents and processes to be reviewed, and
the time, place and manner in which the Audit or Examination shall be
performed. Audited Party agrees to provide Audit or Examination support,
including appropriate access to and use of Audited Party's facilities (e.9.:
conference rooms, telephones, copying machines).
Each Party shall bear its own expenses in connection with the conduct of the
Audit or Examination. The reasonable cost of special data extraction
required by the Requesting Party to conduct the Audit or Examination will be
paid for by the Requesting Party. For purposes of this Section, a Special
Data Extraction shall mean the creation of an output record or informational
report (from existing data files) that is not created in the normal course of
business. lf any program is developed to Requesting Party's specifications
and at Requesting Party's expense, Requesting Party shall specify at the
time of request whether the program is to be retained by Audited Party for
reuse for any subsequent Audit or Examination.
Adjustments based on the audit findings may be applied to the twelve (12)
month period included in the audit. Adjustments, credits or payments shall be
made and any corrective action shall commence within thirty (30) Days from
the requesting Party's receipt of the final audit report to compensate for any
errors or omissions which are disclosed by such Audit or Examination and
are agreed to by the Parties. lnterest shall be calculated in accordance with
Section 55.12 above.
Neither such right to examine and audit nor the right to receive an adjustment
shall be affected by any statement to the contrary appearing on checks or
otherwise, unless such statement expressly waiving such right appears in
writing, is signed by the authorized representative of the Party having such
right and is delivered to the other Party in a manner sanctioned by this
Agreement.
On thirty (30) Days' written notice, each Party must provide the other the
ability and opportunity to conduct an annual audit to ensure the proper routing
and billing of traffic. These audits may encompass all traffic or any subset
type of traffic at the initiator's option.
This Section shall survive expiration or termination of this Agreement for a
period of one (1) year after expiration or termination of this Agreement.
CENTURYLINK OSS INFORMATION
57.1 Subject to the provisions of this Agreement and Applicable Law, CLEC shall
have a limited, revocable, non-transferable, non-exclusive right to use
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CenturyLink OSS lnformation during the term of this Agreement, for CLEC's
internal use for the provision of Telecommunications Services to CLEC End
Users in the State.
57.2 All CenturyLink OSS lnformation shall at all times remain the property of
CenturyLink. Except as expressly stated in this Article, CLEC shall acquire
no rights in or to any CenturyLink OSS lnformation. CenturyLink reserves all
rights not expressly granted herein.
57.2.1
57.2.2
57.3
57.3.2
57.3.3
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CLEC shall treat CenturyLink OSS lnformation as Confidential
lnformation of CenturyLink pursuant to Section 13.
CLEC shall not have any right or license to grant sublicenses to
other persons, or grant permission to other persons (except
CLEC's employees, agents or contractors, in accordance with
Section 57.2.3 below), to access, use or disclose CenturyLink
OSS lnformation, except as provided in Section 57.2.3 below.
CLEC's employees, agents and contractors may access, use
and disclose CenturyLink OSS lnformation only to the extent
necessary for CLEC's access to, and use and disclosure of,
CenturyLink OSS lnformation permitted by this Article. Any
access to, or use or disclosure of, CenturyLink OSS lnformation
by CLEC's employees, agents or contractors, shall be subject to
the provisions of this Agreement, including, but not limited to,
Section 13 and Sections 57.2.1 and 57.2.2 above. CLEC shall
ensure that its employees, agents, and contractors comply with
all provisions herein relating to access to and use of CenturyLink
OSS !nformation.
CenturyLink shall have the right (but not the obligation) to audit
CLEC to ascertain whether CLEC is complying with the
requirements of Applicable Law and this Agreement with regard
to CLEC's access to, and use and disclosure of, CenturyLink
OSS lnformation.
Without in any way limiting any other rights CenturyLink may
have under the Agreement or Applicable Law, CenturyLink shall
have the right (but not the obligation) to monitor CLEC's access
to and use of CenturyLink OSS lnformation, to ascertain whether
CLEC is complying with the requirements of Applicable Law and
this Agreement.
lnformation obtained by CenturyLink pursuant to this Section 57
shall be treated by CenturyLink as Confidential lnformation of
CLEC pursuant to Section 13; provided that, CenturyLink shall
have the right to use and disclose information pursuant to this
Article to enforce CenturyLink's rights under the Agreement or
Applicable Law.
57.2.3
Unless sooner terminated or suspended in accordance with the Agreement or
this Article (including, but not limited to Sections 7,55 and 57.7.1 below),
CLEC's access to, and use of, CenturyLink OSS lnformation through
CenturyLink OSS Services shall terminate upon the expiration or termination
of the Agreement.
57.3.1
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57.4
57.5
57.6
57.7
57.3.4 All CenturyLink OSS lnformation received by CLEC shall be
destroyed or returned by CLEC to CenturyLink, upon expiration,
suspension or termination of the right to use such CenturyLink
OSS lnformation.
57.3.5 All practices and procedures for access to and use of
CenturyLink OSS including all access and user identification
codes shall remain the property of CenturyLink.
The provisions of this Article shall be in addition to and not in derogation of
any provisions of Applicable Law, including, but not limited to, 47 U.S.C.
5222, and are not intended to constitute a waiver by CenturyLink of any right
with regard to protection of the confidentiality of the information of
CenturyLink or CenturyLink End Users provided by Applicable Law.
CLEC understands that any OSS access to obtain CPNI that is made without
prior customer permission to access the information or for CLEC to become
the customer's service provider shall be a material breach of this Agreement.
CenturyLink will provide CLEC with access to documentation and user
manuals that set forth the methods and procedures to utilize CenturyLink's
OSS service. CLEC agrees that all documentation and manuals shall be
used only for internal use, for the purpose of training employees to utilize the
capabilities of CenturyLink's OSS services in accordance with this Article and
shall be deemed Confidential lnformation and subject to the terms, conditions
and limitations set forth in this Article.
Liabilities And Remedies
57.7.1 lf CLEC or an employee, agent or contractor of CLEC, at any
time breaches a provision of this Section 57 and such breach
continues after notice thereof from CenturyLink, then, except as
otherwise required by Applicable Law, CenturyLink shall have
the right, upon notice to CLEC, to suspend or terminate the right
to use CenturyLink OSS services granted by Section 57.1 above
and/or the provision of CenturyLink OSS services, in whole or in
part.
57.7.2
57.8
57.7.3
Cooperation
57.8.1
CLEC agrees that CenturyLink would be irreparably injured by a
breach of this Article by CLEC or the employees, agents or
contractors of CLEC, and that CenturyLink shall be entitled to
seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies,
and the remedies set forth in Section 57.7.1, shall not be
deemed to be the exclusive remedies for any such breach, but
shall be in addition to any other remedies available under this
Agreement or at law or in equity.
Any breach of any provision of this Article by any employee,
agent, or contractor of CLEC shall be deemed a breach by
CLEC.
CLEC, at CLEC's expense, shall reasonably cooperate with
CenturyLink in using CenturyLink OSS Services. Such
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57.8.2
cooperation shall include, but not be limited to, the following:
CLEC shall reasonably cooperate with CenturyLink in submitting
orders for CenturyLink Telecommunications Services and
otherwise using the CenturyLink OSS Services, in order to avoid
exceeding the capacity or capabilities of such CenturyLink OSS
Services.
Upon CenturyLink's request, CLEC shall participate in
reasonable cooperative testing of CenturyLink OSS Services
and shall provide reasonable assistance to CenturyLink in
identifying and correcting mistakes, omissions, interruptions,
delays, errors, defects, faults, failures, or other deficiencies, in
CenturyLink OSS Services.
57.9 Future Enhancements To CenturyLink OSS Facilities
57.9.1 Subject to the requirements of Applicable Law, the specific OSS
and OSS access method(s) offered will be determined by
CenturyLink and may be changed by CenturyLink without the
consent of CLEC.
lf CenturyLink makes enhancements to the existing OSS, the
Parties agree that to the extent practicable, CLEC will use the
enhanced OSS and specified OSS access method(s).
CenturyLink may at its option discontinue any OSS or OSS
access method that an enhancement has been designed to
replace.
57.9.2
58.PROVISION OF USAGE DATA
58.1 Recorded Usage Data includes, but is not limited to, the following categories
of information:
Use of CLASS/LASS/Custom Calling Features that CenturyLink
records and bills for its End Users on a per usage basis;
Calls to Directory Assistance where CenturyLink provides such
service to a CLEC End User;
Calls completed via CenturyLink provided Operator Services
where CenturyLink provides such service to CLEC's local
service End User and where CenturyLink records such usage for
its End Users using lndustry Standard Telcordia EMI billing
records;
Access records related to long distance calling;
CenturyLink -provided Centrex Service, station level detail.
58.2 This Section sets forth the terms and conditions for CenturyLink's provision
of Recorded Usage Data for information exchange regarding long distance
and access billing. To the extent Technically Feasible, each Party shall
record all call detail information associated with completed long distance and
access calls originated by or terminated by such Pafi, and long distance
calls transited through such Party's network to the terminating provider
to the same extent that such Party records such data for its End Users and
records for billing of lnterexchange carriers. These records shall be
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57.8.3
58.1.1
58.1.2
58.'1.3
58.1.4
58.1.5
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58.3
58.4
58.5
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provided at a Party's request and shall be formatted pursuant to Telcordia's
EMI standards and the terms and conditions of this Agreement. The
procedures and limitations governing bill media, including the availability of
secondary media, which are used to transmit the records, and Bill Media
Request Forms, are set forth in CenturyLink's Bill Media Guide. These
records shal! be transmitted to the other Party on non-holiday Business
Days. CenturyLink and CLEC agree that they shall retain, at each Party's
sole expense, copies of all EMI records transmitted to the other Party for at
least forty-five (45) Days after transmission to the other Party.
Except as stated in the preceding Section, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, CLEC
Usage lnformation will be provided to CLEC shall be determined by
CenturyLink.
General Procedures
58.4.1 CenturyLink shall maintain a machine readable back-up copy of
the message detail provided to CLEC for a minimum of forty-five
(45) Days. During the forty-five (a5) Day period, CenturyLink
shall provide any data back-up to CLEC upon the request of
CLEC. lf the forty-five (45) Day period has expired, CenturyLink
may provide the data back-up at CLEC's expense.
58.4.2 CenturyLink shall provide to CLEC, Recorded Usage Data for
CLEC End Users. CenturyLink shall not submit other CLEC
local usage data as part of the CLEC Recorded Usage Data.
58.4.3 CenturyLink shall not bill directly to CLEC End Users any
recurring or non-recurring charges for CLEC's services to the
End User except where explicitly permitted to do so within a
written agreement between CenturyLink and CLEC.
58.4.4 CenturyLink shall provide Recorded Usage Data to CLEC billing
locations as agreed to by the Parties.
58.4.5 CenturyLink shall bill and CLEC shall pay the charges for
Recorded Usage Data. Billing and payment shall be in
accordance with the applicable terms and conditions set forth
herein.
Charges
58.5.1 Access Services, including revenues associated therewith,
provided in connection with the resale of services hereunder
shall be the responsibility of CenturyLink and CenturyLink shall
directly bill and receive payment on its own behalf from an IXC
for access related to interexchange calls generated by resold or
rebranded customers.
58.5.2 CenturyLink will deliver one monthly statement for Usage Data
Billing Services in the medium selected by CLEC in the start-up
process.
a. lnvoices will be provided in a standard Carrier Access
Billing format or other such format as CenturyLink may
determine;
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58.6
58.7
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b. Where local usage charges apply and message detail is
created to support available services, CLEC will pay
CenturyLink for providing such call detail;
c. The Parties will work cooperatively to exchange
information to facilitate the billing of lncollecUOutcollectand inter/intra-region alternately billed messages.
CenturyLink shall settle with CLEC for both intra-region
and inter-region billing exchanges of calling card, bill-to-
third party, and collect calls under separately negotiated
settlement arrangements.
d. CenturyLink shall bill for message provisioning and the
provision of usage records.
Other Billed Charges. CLEC is responsible for all charges incurred by CLEC's
End Users.
Lost Data
58.7.1 Loss of Recorded Usage Data. CLEC Recorded Usage Data
determined to have been lost, damaged or destroyed as a result
of an error or omission by CenturyLink in its performance of the
recording function shall be recovered by CenturyLink at no
charge to CLEC. ln the event the data cannot be recovered by
CenturyLink, CenturyLink shall estimate the messages and
associated revenue, with assistance from CLEC, based upon
the method described below. This method shall be applied on a
consistent basis, subject to modifications agreed to by
CenturyLink and CLEC. This estimate shall be used to adjust
amounts CLEC owes CenturyLink for services CenturyLink
provides in conjunction with the provision of Recorded Usage
Data.
58.7.2 Partial Loss. CenturyLink shall review its daily controls to
determine if data has been lost. When there has been a partial
loss, actual message and minute volumes shall be reported, if
possible through recovery as discussed in this Section. Where
actual data are not available, a full Day shall be estimated for
the recording entity, as outlined in the following paragraphs.
The amount of the partial loss is then determined by subtracting
the data actually recorded for such Day from the estimated total
for such Day.
58.7.3 Complete Loss. When CenturyLink is unable to recover data as
discussed in this Section, estimated message and minute
volumes for each loss consisting of an entire AMA tape or entire
data volume due to its loss prior to or during processing, lost
after receipt, demagnetized before processing, receipt of a blank
or unreadable tape, or lost for other causes, shall be reported.
58.7.4 Estimated Volumes. From message and minute volume reports
for the entity experiencing the loss, CenturyLink shall secure
messageiminute counts for the four (4) conesponding Days of
the weeks preceding that in which the loss occurred and
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58.7.5
58.7.6
58.7.7
58.8 Testing, Changes and Controls
58.8.1
58.8.2
58.9 CLEC Requested Changes
58.9.1
58.9.2
58.10 Rejected Recorded Usage Data
58.10.1
58.10.2
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compute an average of these volumes. CenturyLink shall apply
the appropriate average revenue per message (ARPM) agreed
to by CLEC and CenturyLink to the estimated message volume
for messages for which usage charges apply to the subscriber to
arrive at the estimated lost revenue.
lf the Day of loss is not a holiday but one (1) or more of the
preceding corresponding Days is a holiday, CenturyLink shall
use additional preceding weeks in order to procure volumes for
two (2) non-holidays in the previous two (2) weeks that
correspond to the Day of the week that is the Day of the loss.
lf the loss occurs on a weekday that is a holiday (except
Christmas Day and Mother's Day), CenturyLink shall use
volumes from the two (2) preceding Sundays.
lf the loss occurs on Mother's Day or Christmas Day,
CenturyLink shall use volumes from that Day in the preceding
year multiplied by a growth factor derived from an average of
CLEC's most recent three (3) month message volume growth. lfa previous year's message volumes are not available, a
settlement shall be negotiated.
The Recorded Usage Data format, content, and transmission
process shall be tested as agreed upon by CLEC and
CenturyLink.
Control procedures for all usage transferred between
CenturyLink and CLEC shall be available for periodic review and
errors must be identified and jointly resolved as they occur. The
resolution may include changes to control procedures, so similar
problems would be avoided in the future. Any changes to
control procedures would need to be mutually agreed upon by
CLEC and CenturyLink.
CLEC may submit a request to negotiate and pay for changes in
the content and format of the usage data transmitted by
CenturyLink.
When the negotiated changes are to be implemented, CLEC
and/or CenturyLink shall arrange for testing of the modified data.
Upon agreement between CLEC and CenturyLink, messages
that cannot be rated and/or billed by CLEC may be returned to
CenturyLink in their original format.
CenturyLink may correct and resubmit to CLEC any messages
returned to CenturyLink. CenturyLink will not be liable for any
records determined by CenturyLink to be billable to a CLEC End
User. CLEC will not return a message that has been corrected
and resubmitted by CenturyLink. CenturyLink will only assume
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58.10.3
liability for errors and unguideables caused by CenturyLink.
All practices and procedures for access to and use of
CenturyLink OSS including all access and user identification
codes shall remain the property of CenturyLink.
58.11 Data Validation Files
58.11.1 Upon request, CenturyLink will provide CLEC with any of the
following Data Validation Files at the rates identified in Table 1.At CenturyLink's option, the files wilt be provided via
downloadable, email, or other electronic format:
a. MSAG
b. Feature/Service Availability by Switch
c. Directory Names
d. Class of Service Codes
e. Community Names
f. Yellow Page Headings
g. PIC/LPIC (lnterLATA/lntraLATA)
58.11.2 CLEC may obtain a data validation file not more than once per
quarter.
58.12 Usage Recording for Resold Services
58.12.1 CenturyLink shall record all usage originating from CLEC End
Users using resold services ordered by CLEC, where
CenturyLink records those same services for CenturyLink End
Users.
59. CENTURYLINK ACGESS TO INFORMATION RELATED TO CLEC CUSTOMERS
59.1 CenturyLink shall have the right to access, use and disclose information
related to CLEC End Users that is in CenturyLink's possession (including, but
not limited to, in CenturyLink OSS) to the extent such access, use and/or
disclosure is required by law or is necessary to enforce CenturyLink's rights,
or is authorized by the CLEC in the manner required by Applicable Law.
Upon request by CenturyLink, CLEC shall negotiate in good faith and enter
into a contract with CenturyLink, pursuant to which CenturyLink may obtain
access to CLEC's Operations Support Systems (including, systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing) and
information contained in such systems at terms no less favorable than
CenturyLink provides to CLEC, to permit CenturyLink to obtain information
related to CLEC End Users (as authorized by the applicable CLEC), to permit
End Users to transfer service from one Telecommunications Canier to
another, and for such other purposes as may be permitted by Applicable Law.
59.2
NETWORK MANAGEMENT
60.1 CLEC and CenturyLink will exchange appropriate information (e.9., network
information, maintenance contact numbers, escalation procedures, and
information required to comply with requirements of law enforcement and
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60.2
60.3
60.4
60.5
60.6
60.7
61.2
national security agencies) for network management purposes. ln addition,
the Parties will apply sound network management principles to alleviate or to
prevent traffic congestion and to minimize fraud associated with third number
billed calls, calling card calls, and other services related to this Agreement.
The Parties will employ characteristics and methods of operation that will not
interfere with or impair the Parties' networks, or the network of any third
parties or Affiliated companies, connected with or involved directly in the
network or facilities of CenturyLink.
CLEC shall not interfere with or impair service over any circuits, facilities or
equipment of CenturyLink, its Affiliated companies, or its connecting and
concurring carriers.
lf CLEC causes any impairment or interference, CenturyLink shall promptly
notify CLEC of the nature and location of the problem and that, unless
promptly rectified, a temporary discontinuance of the use of any circuit, facility
or equipment may be required. The Parties agree to work together to attempt
to promptly resolve the impairment or interference. lf CLEC is unable to
promptly remedy, then CenturyLink may, at its option, temporarily discontinue
the use of the affected circuit, facility or equipment until the impairment is
remedied.
Any violation of Applicable Law or regulation regarding the invasion of privacy
of any communications carried over CenturyLink's facilities, or that creates
hazards to the employees of CenturyLink or to the public, is also considered
an impairment of service.
CenturyLink shall give advanced notice to CLEC of all non-scheduled
maintenance or other planned network activities to be performed by
CenturyLink on any Network Element, including any hardware, equipment,
software, or system, providing service functionality of which CLEC has
advised CenturyLink may potentially impact CLEC End Users.
The Parties shall provide notice of network changes and upgrades in
accordance with 47 C.F.R. SS51.325 through 51.335. CenturyLink may
discontinue any lnterconnection arrangement, Telecommunications Service,
or Network Element provided or required hereunder due to network changes
or upgrades after providing CLEC notice as required by this Section.
CenturyLink agrees to cooperate with CLEC and/or the appropriate regulatory
body in any transition resulting from such discontinuation of service and to
minimize the impact to customers which may result from such discontinuance
of service.
61.MAINTENANCE AND REPAIR
61.'t ln the event of an outage or trouble in any service being provided by
CenturyLink hereunder, CLEC will follow CenturyLink's standard procedures
for isolating and clearing the outage or trouble. Before submitting a repair
request to CenturyLink, CLEC will isolate trouble to the CenturyLink network
and must submit test results indicating the location of the trouble when
submitting the repair request.
CenturyLink shall provide repair, maintenance and testing for all resold
Telecommunications Services and such UNEs that CenturyLink is able to
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61.3
61.4
61.5
61.6
test, in accordance with the terms and conditions of this Agreement.
During the term of this Agreement, CenturyLink shall provide necessary
maintenance business process support as well as those technical and
systems interfaces at Parity. CenturyLink shall provide CLEC with
maintenance support at Parity.
61.3.1 For purposes of service restoral, CenturyLink shall designate a
CLEC access line as an Essential Service Line (ESL) at Parity
with CenturyLink's treatment of its own End Users and
applicable State law or regulation, if any.
CenturyLink shall provide CLEC maintenance dispatch personnel on the
same schedule that it provides its own subscribers.
All CenturyLink employees or contractors who perform repair service for
CLEC End Users shall follow CenturyLink standard procedures in all their
communications with CLEC End Users. These procedures and protocols
shall ensure that.
61.5.1 CenturyLink employees or contractors shall perform repair
service that is equal in quality to that provided to CenturyLink
End Users; and
61.5.2 Trouble calls from CLEC shall receive response time priority that
is equal to that of CenturyLink End Users and shall be handled
on a "first come first served" basis regardless of whether the End
User is a CLEC End User or a CenturyLink End User.
On all misdirected calls from CLEC End Users requesting repair, CenturyLink
shall provide such CLEC End User with the correct CLEC repair telephone
number as such number is provided to CenturyLink by CLEC. lf CenturyLink
initiates trouble handling procedures, it will bear all costs associated with that
activity. lf CLEC requests the trouble dispatch, and either there is no trouble
found, or the trouble is determined to be beyond the End User Demarcation
Point, then CLEC will bear the cost.
62.INTENTIONALLY LEFT BLANK
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ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC
SERVICES COVERED
63.1 To the extent required by Applicable Law and subject to the terms and
conditions of this Agreement, CLEC will interconnect its network with
CenturyLink's network for the transmission, routing and termination of Local
Traffic, ISP-Bound Traffic, lntraLATA LEC Toll Traffic, Local and Toll VolP-
PSTN Traffic, Transit Traffic and Jointly Provided Switched Access Service
Traffic. This Agreement is intended only for traffic consisting of wireline to
wireline communications, not for Mobile Wireless Service traffic, and neither
Party will route Mobile Wireless Service traffic to the other Party (other than
Transit Traffic) without first executing a separate written agreement to govern
such traffic.
63.1.1 This Article governs the lnterconnection of network facilities of
the Parties, and the transport, termination and billing of Local
Traffic, ISP-Bound Traffic, lntraLATA LEC Toll Traffic, VolP-
PSTN Traffic and Transit Traffic between CenturyLink and
CLEC.
63.1.2 The Parties shall use separate two-way Feature Group D trunks
for the exchange of equal-access lnterLATA Toll Traffic or
lntraLATA Toll Traffic, (other than lntraLATA LEC Toll Traffic,
Toll Vo|P-PSTN or Jointly Provided Switched Access Traffic),
and such trunks shall be ordered out of and subject to the
applicable access Tariffs. As required by the applicable Tariff,
any Local Traffic routed over Feature Group D trunks is subject
to the applicable access Tariff and rates.
63.1.3 ln the event CLEC routes any traffic to CenturyLink in violation
of this Agreement, CenturyLink shall be entitled to seek
injunctive relief and to recover damages, including without
limitation, compensation for such traffic at access rates.
63.1.4 Each Party is solely responsible for the services it provides to its
End Users and to other providers.
64.NETWORK INTERCONNECTION METHODS
63.
64.1
64.2
64.3
This Section sets forth the terms and conditions for Network lnterconnection
Methods (NlMs) provided between CenturyLink and CLEC for the
lnterconnection Facilities established between the Parties' networks.
Additionally, this Section describes the physical architecture for the
lnterconnection of the Parties' facilities and equipment required for the
transmission and routing of Local Traffic, ISP-Bound Traffic, lntraLATA LEC
Toll Traffic, VolP-PSTN Traffic, Transit Traffic and Jointly Provided Switched
Access Service Traffic.
lntentionally Left Blank.
Physical Architecture
64.3.1 CenturyLink's network architecture in any given local exchange
atea and/or LATA can vary markedly from another local
exchange area/LATA. Using one or more of the NlMs herein, the
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Parties will agree to a physical architecture plan for a specific
LATA, or if appropriate based on other requirements in Section
64, Local Calling Area. The physical architecture plan, as
described in the Local lnterconnection POI Profile, will be
discussed during joint implementation planning. CLEC and
CenturyLink agree to lnterconnect their networks through
existing and/or new lnterconnection Facilities between CLEC
switch(es) and CenturyLink's End Office Switch(es) and/or
Tandem Switch(es). The physical architecture plan will be in
accordance with Forecasting and Planning requirements in
Article lV.
lntentionally Left Blank.
Each Party is solely responsible for the facilities that carry
OS/DA, 911 or Mass Calling for their respective End Users.
Separate trunks ordered via ASRs at Tariffed rates must be
utilized for connecting CLEC's switch(es) to each of these
services.
Trunk requirements for forecasting and servicing shall be based
on an overall blocking objective of one percent (1%) during the
average time-consistent busy hour, as defined by standard trunk
traffic engineering principles. For the final trunk groups between
a CLEC End Office and a CenturyLink End Offices, direct trunk
groups are to be engineered with a blocking objective of one
percent (1%). Trunks to access Tandems carrying Jointly
Provided Switched Access Traffic and all other Tandem trunk
groups are to be engineered with a blocking objective of one-half
percent (0.5%).
64.4 Points of lnterconnection (POls)
64.4.1 CLEC must establish a minimum of one POI on CenturyLink's
network within each LATA in accordance with the terms of this
Agreement. CLEC shall establish additional POls under the
following circumstances:
a. CLEC must establish a POI at each Tandem Switch in the
LATA where it wishes to exchange (i.e., receive or
terminate) any types of traffic which are permitted under
Section 63.1 with CenturyLink or where it has established
codes within that Tandem serving area.
b. When a CenturyLink End Office Switch subtends a
CenturyLink Tandem Switch, CLEC must establish a POI
at a CenturyLink End Office when total traffic volumes
exchanged between the Parties at that particular
CenturyLink End Office (inclusive of any Remote Switches
served by that End Office) exceeds, or is expected to
exceed, the thresholds as set forth in Section 64.4.2.
c. When a CenturyLink End Office Switch subtends a non-
CenturyLink Tandem, CLEC must establish a POI at each
CenturyLink End Office Switch that subtends a non-
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64.3.3
64.3.4
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64.4.3
64.4.4
64.4.5
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CenturyLink Tandem based on the thresholds as set forth
in Section 64.4.2 being met.
d. To the e)dent CenturyLink's network contains multiple non-
contiguous exchanges in the LATA that are not
interconnected by CenturyLink-owned network, CLEC
must establish a POI at each separate non-interconnected
exchange or each separate group of exchanges that are
interconnected by CenturyLink-owned network where it
wishes to exchange (i.e., receive or terminate) any types of
traffic which are permitted under Section 63.1 with
CenturyLink and does not meet the requirements for
lndirect I nterconnection.
POlThresholds
a. When the total volume of traffic exchanged between the
Parties at a CenturyLink End Office exceeds 200,000 MOU
per month, or the one-way traffic from either Party exceeds
100,000 MOU per month, CLEC must establish a POI with
CenturyLink's End Office for the mutual exchange of traffic
within thirty (30) Days of when the traffic exceeds the MOU
per month threshold. ln situations where CenturyLink's
network contains host and Remote Switches, any traffic
from Remote Switches will be included in the MOU
determination of the traffic from the host End Office.
b. Notwithstanding any other provision to the contrary, if
either Party is assessed transiting costs by a third party
and such charges between the Party and the Tandem
owner exceed five-hundred dollars ($500.00) for one
month, CLEC must establish a POI with CenturyLink's End
Office for the mutual exchange of traffic within thirty (30)
Days.
The Parties may mutually agree to establish additional POls
even where none of the conditions set forth in Sections 64.4.1
and 64.4.2 of this Article has occurred.
CLEC will be responsible for engineering and maintaining its
network on its side of a POl. CenturyLink will be responsible for
engineering and maintaining its network on its side of a POl.
The Parties may utilize any Network lnterconnection Method
described in this Section 64. Each Party is responsible for the
appropriate sizing, operation, and maintenance of the transport
facility to a POl.
Provided that CLEC chooses a method of lnterconnection in
Section 64.5.1, 64.5.3 or 64.5.4, each Party is financially
responsible for transport on its side of each POl. lf CLEC
chooses to lease the facility from each POI to CLEC's network
from CenturyLink and the facility is within CenturyLink's serving
territory, CLEC will lease the facility from CenturyLink as defined
in Section 64.5. When CLEC uses the BFR process to establish
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64.4.6
64.4.7
64.5.1
64.5.2
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a POl, the CLEC shall bear all reasonable costs associated with
transport on both sides of the physical point where the two
networks connect to reach CenturyLink's End Office/host office
or Tandem Switch
CLEC shall be required to establish a CLLI Code for the
message/trunk ACTL, at the CenturyLink Tandem or End Office
Switch where the POI is located.
CLEC must use an Operating Company Number (OCN) when
ordering Local !nterconnection Trunks and lnterconnection
Facilities from this Agreement.
Leased Facility
a. Where facilities exist, CLEC may lease facilities from
CenturyLink to establish lnterconnection through
CenturyLink's provision of a DS1 or DS3 Local
lnterconnection Entrance Facility and Direct Trunked
Transport. A Local lnterconnection Entrance Facility
extends from the CenturyLink Serving Wire Center to
CLEC's Switch or other CLEC Premises within
CenturyLink's applicable serving area.
Local lnterconnection Entrance Facilities may not extend
beyond the area served by the CenturyLink Serving Wire
Center. The rates for Loca! lnterconnection Entrance
Facilities are provided in Table 1. Local lnterconnection
Entrance Facilities may not be used for Unbundled
Network Elements, or in a manner inconsistent with the
requirements of Section 63.1. CenturyLink's special
Access Service is available as an alternative to
CenturyLink provided Local lnterconnection Entrance
Facilities, subject to Section 66.2.8(a)2. CenturyLink's
Switched Access Services are also available as an
alternative to CenturyLink provided Local lnterconnection
Entrance Facilities, subject to Section 66.2.8(a)3. CLEC
may also lease access facilities from a third party.
b. To the extent required by Applicable Law, traffic may be
delivered to each Point of lnterconnection (POl) through
Collocation arrangements offered by CenturyLink pursuant
to this Agreement, a separate Collocation agreement, or
the rates, terms and conditions set forth in CenturyLink's
applicable Tariff, where such Tariff is available.
Mid Span Fiber Meet.
a. The Parties may interconnect at a Mid Span Fiber Meet
subject to the following terms and conditions:
1. The Mid Span Fiber Meet, as proposed, must be at
a mutually agreeable, economically and Technically
Feasible point between CenturyLink's Serving Wire
64.5 Network lnterconnection Methods for Direct lnterconnection
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64.5.4
64.5.5
64.6.2
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Center End Office and CLEC's Premises, and will
be within the area served by the CenturyLink
Serving Wire Center.
2. The Mid Span Fiber Meet will be subject to
reasonable engineering, environmental, safety and
security requirements. Such requirements shall
include, without limitation, the technical ability to
accommodate testing on each side of the mid-span
Meet Point and to provide for a point of
demarcation between the networks of each Party
and the ability to control the environment.
3. The construction of new facilities for a Mid Span
Fiber Meet is only applicable when traffic is roughly
balanced.
4. CenturyLink will provide up to fifty percent (50%) of
the facilities needed to connect the networks of the
Parties.
5. CLEC shall establish a CLLI code for the facility
ACTL at the Mid-Span Fiber Meet in addition to any
other Trunk ACTL required for the trunks in this
Agreement.
6 The Mid Span Fiber Meet will be used exclusively
as an lnterconnection Facility and cannot be used
for other purposes such as Unbundled Network
Elements or Access Services.
Third Party ILEC Meet Point using Leased Facilities. lf CLEC's
location is in a third party ILEC's territory and CLEC chooses to
interconnect with CenturyLink using a third party ILEC Meet-
Point arrangement (i.e., leased access facilities jointly
provisioned by CenturyLink and such third party ILEC), then any
portion of such facilities provided by CenturyLink will be ordered
from CenturyLink's access Tariff.
Self-Provisioned. CLEC may construct or otherwise self-
provision lnterconnection Facilities.
The Parties may establish other Technically Feasible methods of
lnterconnection via the BFR process unless a particular
arrangement has been previously provided to a third party, or is
offered by CenturyLink as a product. Such other methods may
require this Agreement to be amended.
64.6 Direct lnterconnection at the CenturyLink Tandem
64.6.1 Subject to Section 64.4, lnterconnection to a CenturyLink
Tandem Switch will provide CLEC local lnterconnection to the
CenturyLink End Offices, Remote Switches and NXXs which
subtend that Tandem Switch.
ln accordance with Section 67, lnterconnection to a CenturyLink
Tandem for Transit Traffic purposes will provide access to
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64.7
64.8
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Telecommunications Carriers which are connected to that same
Tandem Switch.
64.6.3 CLEC is responsible for provisioning its traffic to interface into
CenturyLink's Tandem at the DSI level, including switch port
and any muxing necessary for such purposes. lf CLEC orders
CenturyLink lnterconnection Facilities for this, the CLEC shall
pay the applicable Local lnterconnection Entrance Facility,
Direct Trunked Transport, and multiplexing rates from Table 1.
lf CLEC orders CenturyLink's Access Services for this, the
CLEC shall pay based on CenturyLink's applicable access Tariff
instead of Table 1.
Direct lnterconnection at the CenturyLink End Office
64.7.1 lnterconnection to a CenturyLink End Office Switch will provide
CLEC local lnterconnection to the CenturyLink M(X codes
served by that End Office Switch and any CenturyLink NXXs
served by Remote Switches that subtend that host End Office
Switch. However, CLEC may not directly connect to a Remote
Switch nor can a Remote Switch be a POl.
64.7.2 CLEC is responsible for provisioning its traffic to interface into
CenturyLink's End Office at the DS1 level, including switch port
and any muxing necessary for such purposes. lf CLEC orders
CenturyLink lnterconnection Facilities for this, the CLEC shall
pay the applicable Local lnterconnection Entrance Facility,
Direct Trunked Transport, and multiplexing rates from Table 1. lf
CLEC orders CenturyLink's Access Services for this, the CLEC
shall pay based on CenturyLink's applicable access Tariff
instead of Table 1.
lndirect Network Connection
64.8.1 For purposes of this Agreement, lndirect Traffic means traffic
which is originated by one Party and terminated to the other
Party in which a third party ILEC's Tandem switch both provides
the intermediary Transit Service and serves CenturyLink's
NXXs. lndirect Network Connection for lndirect Traffic is
intended only for de minimis traffic associated with CLEC "start-
up" market entry into a CenturyLink local exchange. Therefore
lndirect Network Connection will be allowed only on routes
between CenturyLink End Offices and a CLEC switch in
instances where, and only so long ?s, none of the POI
thresholds set forth in Section 64.4.2 have been reached.
64.8.2 lndirect Network Connection shall be accomplished by
CenturyLink and CLEC each being responsible for delivering
Local Traffic lntraLATA LEC Toll Traffic and Vo|P-PSTN Traffic
to and receiving such traffic at the ILEC Tandem serving the
CenturyLink End Office. Each Party is responsible for the
appropriate sizing, operation, and maintenance of the transport
facility to the Tandem.
64.8.3 lf CLEC has not established a POI within thirty (30) Days after
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notification from CenturyLink that CLEC has exceeded the POI
Threshold in Sections 64.4.2, CLEC will reimburse CenturyLink
for any transit charges billed by an intermediary carrier after the
thirty (30) Day period for traffic originated by CenturyLink. CLEC
will also reimburse CenturyLink for any transport costs that
would be CLEC's responsibility under the Direct lnterconnection
terms.
64.8.4 To the extent a Party combines Local Traffic, lntraLATA LEC
Toll Traffic and Toll VolP-PSTN Traffic on a single trunk group
for indirect delivery through a third party ILEC's Tandem, the
originating Party, at the terminating Party's request, will declare
quarterly Percentages of Local Use (PLUs). CenturyLink will
determine the jurisdiction of a call if CenturyLink has sufficient
calldetails.
a. Such PLUs will be verifiable with either call summary
records, call detail samples, or traffic study documentation.
The terminating Party should apportion per Minute Of Use
(MOU ) charges appropriately.
65. SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS
65.1 This Section sets forth certain signaling requirements and the terms and
conditions for lnterconnection provided by CenturyLink and CLEC and
provides descriptions of the trunking requirements between CLEC and
CenturyLink. This Section describes the required and optionaltrunk groups.
65.2 Signaling Parameters: CenturyLink and CLEC are required to provide each
other the proper signaling information (e.9., originating Calling Party Number
(CPN), Charge Number (ChN) and destination called party number, etc.) as
required by Applicable Rules and further clarified by the FCC's ICC Order to
enable each Party to issue bills in a complete and timely fashion. All CCS
signaling parameters will be provided unchanged including CPN, calling party
category, ChN on all calls. All privacy indicators will be honored. Unless
there is a waiver pending or the FCC has approved a waiver petition
regarding specific technical restrictions, the ChN is to be passed unaltered in
SS7 signaling fields where it is different than CPN and ChN must not be
populated with a number associated with an intermediate switch, platform, or
gateway, or other number that designates anything other than a calling
party's charge number. Where SS7 connections exist, each Party shall pass
all CCS signaling parameters, where available, on each call carried over
lnterconnection trunks. The Parties will coordinate and exchange data as
necessary to determine the cause of the CPN/ChN failure and to assist its
correction.
65.3 The Parties shall use separate two-way Feature Group D trunks for the
exchange of any traffic which is not Local Traffic, except for Toll Vo|P-PSTN
Traffic, lntraLATA LEC Toll Traffic and Jointly Provided Switched Access
Service Traffic (as defined by MECAB and MECOD) and such trunks shall be
ordered out of and subject to the applicable access Tariffs. ln the event
CLEC uses the Local lnterconnection Trunks for any traffic in violation of this
section, CenturyLink shall be entitled to seek injunctive relief and to recover
damages, including without limitation, compensation for such traffic at the
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65.4
rates applicable to access traffic.
One Way and Two Way Trunk Groups.
65.4.1
65.4.2
65.4.3
65.4.4
65.4.5
65.4.6
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The Parties agree to jointly establish, provision and maintain bi-
directional two-way trunk groups for Local Traffic, Transit Traffic,
Vo|P-PSTN Traffic and lntraLATA LEC Toll Traffic that has not
been routed to an IXC and separate two-way trunk groups for
Jointly Provided Switched Access Traffic. Trunks will utilize SS7
signaling protocol. Multi-frequency (MF) signaling protocol may
only be used where CLEC can demonstrate that it is not
Technically Feasible to use SS7 or where CenturyLink otherwise
agrees to use MF.
lntentionally Left Blank
The costs associated with transporting lnformation Service
Traffic to CLEC shall be the sole responsibility of CLEC.
CenturyLink is not obligated under this Agreement to provision
orders for reciprocal trunks or build facilities in the establishmentof lnterconnection arrangements solely for the delivery of
lnformation Service Traffic. Facilities for lnformation Service
Traffic shall be ordered from the appropriate Tariff and CLEC will
be obligated to pay the full cost of such facilities. An upfront
charge will apply for any new facilities or network modifications
requested by CLEC and agreed upon by CenturyLink.
For administrative consistency CLEC will have control for the
purpose of issuing Access Service Requests (ASRs) on two-way
groups. CLEC will also use ASRs to request or make necessary
changes in trunking.
With respect to any two-way trunks directionalized as one-way in
each direction and separate one-way trunks previously
established between the Parties, the Parties will transition such
trunks to bi-directional trunks in accordance with the following:
a. The Parties understand that conversion of trunking
arra ngements from d irectiona lized to bi-d i rectional req u ires
technical and operational coordination between the
Parties. Accordingly, the Parties agree to work together to
develop a conversion plan to identify all trunks, processes,
guidelines, specifications, time frames and additional terms
and conditions necessary to support and satisfy the
standards set forth in the Agreement and implement the
conversion of trunking from directionalized to bi-
directionalized arrangements, if such conversion is desired
by either Party.
Separate ancillary trunk groups may be established based on
billing, signaling, and network requirements, and will be
purchased from the applicable Tariff.
a. Ancillary trunk groups will utilize SS7 protocol. Multi-
frequency (MF) signaling protocol may only be used where
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65.5 Trunk Groups
65.5.1
65.5.2
65.6 Trunk Servicing
65.6.1
65.6.2
65.6.3
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CLEC can demonstrate that it is not Technically Feasible
to use SS7 or where CenturyLink otherwise agrees to use
MF.
Separate trunk groups may be required by CenturyLink for
certain traffic types including, but not limited to:
1. 911/E911 Trunks;
2. Mass Calling Trunks, if applicable; and
3. Toll Free Service trunks where CLEC provides
such service to its End User customers.
The Parties shall provide all SS7 signaling information pursuant
to Signaling Parameters Section 65.2. Where required, network
signaling information such as transit network selection (TNS)
parameter, Originating Line lnformation Parameter (OLIP) and
CICIOZZ ANI information digits (ll) (non-SS7 environment) will
be provided by CLEC wherever such information is needed for
call routing or billing. The Parties will follow all Network
Operations Forum (NOF) adopted standards and all OBF
adopted standards pertaining to TNS and CICIOZZ codes.
CLEC and CenturyLink shall, where applicable, make
reciprocally available, the required trunk groups to handle
d ifferent traffic types.
a. Any Local Traffic routed over Switched Access Service
trunks will be billed the intrastate terminating access rate.
Neither Party shall route Switched Access Service traffic
over Local lnterconnection Trunks.
b. Each Party shall only deliver traffic over the Local
lnterconnection Trunk Groups to the other Party's Tandem
or End Office for those NXX Codes served by that Tandem
or End Office as applicable in accordance with the LERG.
Orders between the Parties to establish, add, change or
disconnect trunks shall be processed by using an ASR. CLEC
will have administrative control for the purpose of issuing ASR's
on both two-way and one-way trunk groups. Parties will jointly
manage the capacity of Local lnterconnection Trunk Groups.
Should CLEC request trunking from CenturyLink in excess of the
industry traffic engineering design blocking standard set forth in
Section 64.3.4. CenturyLink is not obligated to provide such
trunking unless CLEC agrees in writing to pay for the excess
trunking on the CenturyLink side of the POl.
Utilization shall be defined as 'trunks required' as a percentage
of trunks in service. Trunks required shall be determined using
design utilization criteria stated in Section 65.6.4.
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65.7
65.8
65.9
65.10
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65.6.4 Underutilization: UnderutilizationoflnterconnectionTrunksand
facilities exists when provisioned capacity of trunks in service for
more than six (6) months is greater than the cunent need. This
over-provisioning is an inefficient deployment and use of
network resources and results in unnecessary costs. Those
situations where more capacity exists than actual usage will be
handled in the following manner:
a. lf a final trunk group is under seventy-five percent (75Yo) of
CCS capacity or a high usage trunk group is under 90% of
CCS capacity on a monthly average basis, for each month
of any three (3) consecutive months period, either Party
may request the issuance of an order to resize the trunk
group, which shall be left with not less than twenty-five
percent (25o/o) excess capacity. ln all cases POI
requirements and grade of service objectives shall be
maintained.
b. CLEC will send an ASR to CenturyLink to trigger changes
to the Local lnterconnection Trunk Groups based on
capacity assessment.
c. Upon review of the ASR if a Party does not agree with the
resizing, the Parties will schedule a joint planning
discussion within twenty (20) Business Days. The Parties
will meet to resolve and mutually agree to the disposition of
the initiating ASR.
CLEC will be responsible for engineering its network on its side of the Point of
lnterconnection (POl). CenturyLink will be responsible for engineering its
network on its side of the POl.
Where facilities are available, due dates for the installation of Local
lnterconnection Trunks covered by this Section shall be in accordance with
the Standard Practices as published on the CenturyLink Website. lf either
CLEC or CenturyLink is unable to or not ready to perform Acceptance Tests,
or is unable to accept the Local lnterconnection Trunk(s) by the due date, the
Parties will reschedule a mutually acceptable date.
Trunk Data Exchange
65.9.1 Each Party agrees to service trunk groups to the blocking criteria
in Section 64.3.4 in a timely manner when trunk groups exceed
measured blocking thresholds on an average time consistent
busy hour for a twenty-one (21) Day study period. The Parties
agree that twenty-one (21) Days is the study period duration
objective unless mutually agreed otherwise. The study period
will not include a holiday.
Network Management
65.10.1 Restrictive Controls. Either Party may use protective network
traffic management controls such as 7-digit and 10-digit code
gaps set at appropriate levels on traffic toward each other's
network, when required, to protect the public switched network
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65.10.2
65.10.3
65.11 Technical lnterfaces
65.11.1
65.11.2
65.11.3
65.12 Responsibilities of the Parties
65.12.1
65.12.2
65.12.3
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from congestion due to facility failures, switch congestion, or
failure or focused overload. CLEC and CenturyLink will
immediately notify each other of any protective control action
planned or executed.
Expansive Controls. Where the capability exists, originating or
terminating traffic reroutes may be implemented by either Party
to temporarily relieve network congestion due to facility failures
or abnormal calling patterns. Reroutes will not be used to
circumvent normal trunk servicing. Expansive controls will only
be used when mutually agreed to by the Parties.
Temporary Mass Calling. CLEC and CenturyLink shall
cooperate and share pre-planning information, where available,
regarding cross-network call-ins expected to generate large or
focused temporary increases in call volumes, to prevent or
mitigate the impact of these events on the public switched
network.
CLEC is responsible for provisioning its traffic to CenturyLink's
switch port at the DS1 level, including any muxing necessary for
such purposes.
Standard lnterconnection facilities shall be extended superframe
(ESF) with BSZS line code where Currently Available.
Signaling protocol. The Parties will interconnect their networks
using SS7 signaling where Technically Feasible and available as
defined in GR 905 Telcordia Standards including ISDN User
Part (ISUP) for trunk signaling and TCAP for CCS-based
features in the lnterconnection of their networks. All Network
Operations Forum (NOF) adopted standards shall be adheredto. Where available, CenturyLink signaling services to link its
Signaling Transfer Points (STPs) for CLEC switches which
connect to CenturyLink's STPs via "A" links or for CLEC's STPs
to connect to CenturyLink's STPs via "D" links which are
dedicated to the transport of signaling for local lnterconnection,
may be ordered from the CenturyLink Tariff.
CLEC and CenturyLink will work cooperatively to install and
maintain a reliable network. CLEC and CenturyLink shall
exchange appropriate information (e.9., maintenance contact
numbers, network information, information required to comply
with law enforcement and other security agencies of the federal
and State government and such other information as the Parties
shall mutually agree) to achieve this desired reliability.
CLEC and CenturyLink will review engineering requirements as
necessary and establish semi-annual forecasts for facilities
utilization provided under this Article.
CLEC and CenturyLink will provide trained personnel with
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adequate and compatible test equipment to work with each
othe/s technicians.
65.12.4 CLEC and CenturyLink will notify each other when there is any
change affecting the service requested, including the due date.
65.'12.5 CLEC and CenturyLink will recognize that a facility handoff point
must be agreed to as part of the process of the lmplementation
Plan that establishes the demarcation for maintenance and
provisioning responsibilities for each Party.
65.12.6 CLEC and CenturyLink will review engineering requirements
consistent with the lmplementation Plan as described in and as
otherwise set forth in this Agreement.
65.12.7 CLEC and CenturyLink will share responsibility for all control
office functions for Local lnterconnection Trunks and trunk
groups, and both Parties shall share the overall coordination,
installation, and maintenance responsibilities for these trunks
and trunk groups.
65.12.8 CLEC and CenturyLink will coordinate and schedule testing
activities of their own personnel, and others as applicable, to
ensure its lnterconnection trunks/trunk groups are installed per
the lnterconnection order, meet agreed-upon acceptance test
requirements, and are placed in service by the due date.
65.12.9 CLEC and CenturyLink will perform sectionalization to determineif a trouble is located in its facility or its portion of the
lnterconnection trunks prior to refening the trouble to each other.
65.12.10 CLEC and CenturyLink will advise each other if there is an
equipment failure which may affect the lnterconnection trunks.
65.12.11 CLEC and CenturyLink will provide each other with a trouble
reportingirepair contact number that is readily accessible and
available twenty-four (24) hours a day, seven (7) days a week.
Any changes to this contact arrangement must be immediately
provided to the other Party.
65.12.12 CLEC and CenturyLink will provide to each other test-line
numbers and access to test lines.
65.12.13 CLEC and CenturyLink will cooperatively plan and implement
coordinated repair procedures for the Meet Point and Local
lnterconnection Trunks and facilities to ensure trouble reports
are resolved in a timely and appropriate manner.
65.13 Neither Party shall use any lnterconnection, function, facility, product,
Network Element, or service provided under this Agreement or any other
service related thereto or used in combination therewith in any manner that
interferes with or impairs service over any facilities of either Party, its
Affiliated companies or other connecting Telecommunications Carriers,
prevents any carrier from using its Telecommunication Service, impairs the
quality or privacy of Telecommunications Service to other caniers or to either
Party's End Users, causes hazards to either Party's personnel or the public,
damage to either Party's or any connecting carrier's facilities or equipment,
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including any malfunction of ordering or billing systems or equipment. Upon
such occurrence, either Party may discontinue or refuse service for so long
as the other Party is violating this provision. Upon any such violation, either
Pafi shall provide the other Party notice of the violation at the earliest
practicable time.
66. INTERCARRIER COMPENSATION
66.1 GeneralTerms
66.1.1 For compensation purposes, the jurisdiction of a call is determined
by the physical location of the origination and termination of such
call, except as may otherwise be specified herein for Vo!P-PSTN
Traffic.
66.1.2 Vo!P-PSTNTraffic
a. Local Vo|P-PSTN Traffic. CLEC and CenturyLink will
exchange LocalVo|P-PSTN Traffic on the same basis and
at the same rates as Local Traffic which is not Vo|P-PSTN
Traffic. Vo!P-PSTN Traffic will be identified as either Local
or non-Local by using the originating and terminating call
detail information of each call unless the Parties
specifically agree otherwise. This call jurisdiction method
described herein is intended by the Parties as a proxy to
determine the jurisdiction of a call (i.e. the actual
geographic end points of the call) since the actual
geographic end points of a particular VOIP-PSTN Traffic
call may be difficult or impossible to determine. At any
time during the term of this Agreement, CLEC and
CenturyLink may agree on alternate methods to establish
call jurisdiction for Local Vo!P-PSTN Traffic based on
regulatory or technological evolution. The Parties agree
that it is in the best interest of both Parties to work together
in an effort to continue to improve the accuracy of
jurisdictional data and such efforts shall not be
unreasonably withheld by either Party. This paragraph
shall not be controlling with respect to VNXX Traffic which
otherwise constitutes VOIP-PSTN Traffic, nor shall this
paragraph affect the determination of the proper
jurisdiction or the geographic end points of any traffic
which is not Vo|P-PSTN Traffic.
b. TollVo|P-PSTN Traffic
1. CLEC and CenturyLink will exchange Toll VolP-
PSTN Traffic, including any Toll Vo|P-PSTN Traffic which
transits a CenturyLink Tandem, at each Party's access
rates. Any non-Local Traffic which is not Toll Vo|P-PSTN
Traffic shall be routed in accordance with Section 63j.2.
VolP-PSTN Traffic will be identified as either Local Trafficor non-Local Traffic by using the originating and
terminating call detail information of each call unless the
Parties specifically agree otherwise. This call jurisdiction
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method described herein is intended by the Parties as a
proxy to determine the jurisdiction of a call since the
Parties acknowledge that there may be some
circumstances where the actual geographic end points of a
particular VOIP-PSTN Traffic call may be difficult or
impossible to determine. At any time during the term of
this Agreement, CLEC and CenturyLink may agree on
alternate methods to establish call jurisdiction for Toll
Vo|P-PSTN Traffic based on regulatory or technological
evolution. ln addition, if information is available to identify
the actual geographic location of traffic originated or
terminated to an End User, then the Parties may jointly
agree that the proxy method described herein shall not be
used for such calls. The Parties agree that it is in the best
interest of both Parties to work together in an effort to
continue to improve the accuracy of jurisdictional data and
such efforts shall not be unreasonably withheld by either
Party.
2. The facilities, or portion thereof, leased by CLEC
from CenturyLink which are used to exchange Toll VolP-
PSTN Traffic shall be subject to CenturyLink's interstate
access Tariff rates. CenturyLink will use the Facilities
Percent VolP Usage (Facility-PVU) factor in Table 1 to
determine the portion of the Local lnterconnection
Entrance Facility, Direct Trunked Transport, and MUX that
shall be deemed the portion of the facility used to carry Toll
VolP-PSTN Traffic.
2.1 The Facility-PVU factor shall be the
percentage of the total traffic CLEC routes to
CenturyLink for termination using Local
lnterconnection Trunks which is Toll Vo|P-PSTN
Traffic. The Facility-PVU factor shall be based on
information such as the number of the CLEC's retail
VolP subscriptions in the state (e.9. as reported on
FCC Form 477),lraltic studies, actual call detail, or
other relevant and verifiable information which the
parties wil! exchange. At the request of either
Party, such information will be updated to
determine if the Facility-PVU factor continues to be
accurate, and if the updated information indicates
that an adjustment of the factor is appropriate, the
Parties shall amend the Agreement to reflect a
more current factor.
3. Any factors established by the Parties under
Section 66.1.2 shall be based on the particular
characteristics of the traffic exchanged within the State
between CLEC and CenturyLink and shall not be subject
to adoption by anyone not a Party to this Agreement, or
apply to any other service areas.
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66.2 Compensation for Transport and Termination of Local Traffic
66.2.1
66.2.2
66.2.3
66.2.4
66.2.5
66.2.6
66.2.7
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Reciprocal Compensation applies for transport and termination
of Local Traffic terminated by either Party.
The rate elements for transporting and terminating Local Traffic
can be found in Table 1.
The terminating Party may bill the other Party Reciprocal
Compensation for all Local Traffic MOU routed by the other
Party for termination.
CLEC and CenturyLink agree to terminate each other's ISP-
Bound Traffic on a Bill and Keep basis. Bill and Keep shall mean
that the originating Party has no obligation to pay terminating
charges to the terminating Party.
Recording for Reciprocal Compensation
a. Each Party will calculate terminating MOU based on
standard AMA recordings made within each Party's
network. These recordings are the basis for each Party to
generate bills to the other Party. For purposes of
Reciprocal Compensation only, measurement of MOU over
Local lnterconnection Trunk Groups shall be in actual
conversation seconds. The total conversation seconds
over each individual Local lnterconnection Trunk Group will
be totaled for the entire monthly bill and then rounded to
the next whole minute. Notwithstanding the above, either
Party may use its SS7 data to verify and adjust billing as
appropriate.
Recording for lndirect lnterconnection
a. For any traffic exchanged between the Parties via third
party Tandems, each Party will either record the traffic it
terminates in accordance with this Section, or will utilize
records provided by the Tandem provider to invoice for
traffic terminating on its network.
Billing Elements for Local Transport and Termination
a. The transport and termination elements for Local Traffic
depend on the type of lnterconnection between the
Parties.
1. When the PO! is connected to the CenturyLink
Tandem Switch or in a Mid-Span Fiber Meet
arrangement connected to the CenturyLink Tandem
Switch, when calls from CLEC End Users are
terminating to CenturyLink End Users through the
CenturyLink Tandem Switch, CLEC will pay
CenturyLink Tandem Switching, Common
Transport, and End -Office termination. CLEC shall
also pay Common Transport for calls that terminate
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at a CenturyLink Remote Switch served by the
CenturyLink host End Office Switch.
2. When the POI is connected to the CenturyLink End
Office Switch or in a Mid-Span Fiber Meet
arrangement connected to the CenturyLink End
Office Switch, and calls from CLEC End Users are
terminating to CenturyLink End Users through the
End Office Switch, CLEC shall pay CenturyLink
End Office termination. CLEC shall also pay
Common Transport for calls that terminate at a
CenturyLink Remote Switch served by the
CenturyLink host End Office Switch.
3. For lndirect Network Connection, CLEC shall pay
Common Transport and End Office termination for
calls that terminate at a CenturyLink End Office
Switch.
66.2.8 Billing Elements for lnterconnection Facility
a. Local lnterconnection Entrance Facility
1. Recurring and nonrecurring rates for Local
lnterconnection Entrance Facilities are specified in
Table 1 and will apply for those DS1 or DS3
facilities dedicated to use as lnterconnection and
ordered as lnterconnection Facilities.
2 lf CLEC chooses to provision facilities over an
existing facility purchased as special Access
Service from the CenturyLink state or FCC access
Tariffs, the rates from those Tariffs will apply
instead of Local lnterconnection Entrance Facility
charges from Table 1.
3 lf CLEC chooses to order lnterconnection Facilities
as Switched Access Service from the CenturyLink
state and FCC access Tariffs, the rates from those
Tariffs will apply instead of Local lnterconnection
Entrance Facility, DTT, and MUX charges from
Table 1.
b. Recurring rates for Direct Trunked Transport (DTT) are
specified in Table 1 and will apply for those DS1 or DS3
facilities dedicated to use as lnterconnection and ordered
as lnterconnection Facilities. DTT is available between the
Serving Wire Center of the Local lnterconnection Entrance
Facility or Collocation and the terminating and/or transiting
Tandem Switch or End Office Switches.
1. When DTT is provided to a Tandem Switch, the
applicable DTT rate elements apply between the
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Serving Wire Center and the Tandem Switch.
Tandem Switching and Common Transport rate
elements apply for delivery of traffic to the
terminating End Office Switch.
Rate band shall be determined for DTT based on
the combination of the Serving Wire Center and the
Tandem Switch or End Office Switch. Pending
system conversions may require a change to a new
standard DTT rate structure which will be reflected
in an amended Table 1.
lf the Parties elect to establish two-way Local
lnterconnection Trunks for reciprocal exchange of
traffic, the cost of the two-way Local
lnterconnection Entrance Facility and DTT shall be
shared among the Parties.
(i) CenturyLink will bill CLEC for the entire
DTT and Local lnterconnection Entrance
Facility provided by CenturyLink at the
rates in Table 1. CLEC will bill
CenturyLink for CenturyLink's portion of
the same DTT and Local lnterconnection
Entrance Facility based on the portion
defined in (ii) and at the rates in Table 1.
(ii) CenturyLink's portion of the DTT and
Local lnterconnection Facility will be
based on the factor determined by
CenturyLink using the following to assign
the minutes for which CenturyLink is
responsible:
All Local Traffic MOU that CenturyLink originates
and sends to CLEC.
All CenturyLink originated lntraLATA LEC Toll MOU
that CenturyLink sends to CLEC.
All other minutes are CLEC's responsibility for
purposes of allocating the shared costs.
Multiplexing (DS1/DS3 MUX) is available at the rate specified in
Table 1. lf the lnterconnection Facility was ordered as Switched
Access Service, then the Tariffed rates apply instead of the MUX
rates from Table 1.
66.2.10 Trunk Nonrecurringcharges
66.2.10.1 lnstallation and Disconnect nonrecurring charges
may be assessed by the provider for each
2.
3.
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66.2.10.2
lnterconnection Trunk ordered at the rates in Table
1.
Nonrecurring charges for rearrangement may be
assessed by the provider for each lnterconnection
Trunk rearrangement ordered, at one-half (112) the
rates specified in Table 1.
lf the lnterconnection Facility is ordered as
Switched Access Service, then the applicable
Tariffed trunk nonrecuning charges apply instead of
the rates from Table 1.
66.2.11 For purposes of compensation between the Parties, CLEC shall
adopt the Rate Center areas and Rating Points that the
Commission has approved for the lLECs. ln addition, CLEC shall
assign whole NPA-NXX codes to each Rate Center, subject to
State regulatory requirements. lf CLEC only obtains thousands
blocks instead of whole NPA-NXX codes, those thousands blocks
shall remain rated to the Rate Center associated with the donating
NPA-NXX code.
Compensation of non-Local Traffic
66.3.1 Percent Local Usage
CenturyLink will determine the jurisdiction of a call if
CenturyLink has sufficient call details. When call details
are insufficient to determine the jurisdiction for the call, the
CLEC willidentify in writing the Percent Local Usage (PLU)
factor on each lnterconnection order to identify its Local
Traffic for Reciprocal Compensation purposes. For non-
Local Traffic, the Parties agree to compensate one another
based on the rates included in each Party's access Tariffs.
CenturyLink may request CLEC's traffic study
documentation of the PLU at any time to verify the PLU
and may compare the documentation to studies developed
by CenturyLink. Should the documentation indicate that
the factor should be changed by CenturyLink, the Parties
agree that any changes will be retroactive to all traffic
which is determined to have applied an inaccurate factor.
ln the absence of a written agreement between the Parties
stating otherwise, and except as otherwise provided under
Section 66.1.2 for Vo|P-PSTN Traffic, the PLU shall not be
deemed to account for the jurisdiction of any traffic which
may appear to be Local Traffic based upon the originating
and terminating call detail information, where such call
detail information does not accurately reflect the true
geographic end points of the call, and the Parties mayseek appropriate compensation for such calls
notwithstanding such PLU factor.
66.3.2 Traffic originated to or directed to or through an ISP that is
physically located outside the originating End User's Local
a.
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Calling Area and calls to an ISP which are placed on a non-local
basis (e.9. toll calls or 8YY calls) are non-Local Traffic for
compensation purposes and will be compensated at the
appropriate lnterstate or lntrastate Switched Access Service
rates.
66.3.3 VNXX Traffic is not Local Traffic for purposes of intercarrier
compensation, and such VNXX Traffic shall not be subject to
Reciprocal Compensation. VNXX Traffic shall be subject to
originating or terminating switched access charges of the Party
that originates or terminates such calls, provided however, the
Party that provides the VNXX Service that enables such VNXX
Traffic shall not be entitled to recover access charges for such
VNXX Traffic. Both Parties represent and warrant that they are
not providing VNXX Service and will not do so unless they
provide advance written notice to the other Party. Either Party
may perform traffic studies at any time to determine if VNXX
Traffic is being exchanged with the other Party, and each Partywill provide data necessary to determine the physical,
geographic location of the End User premise which is associated
with an NPA-NXX-XXXX. lf a Party determines that the other
Party is providing VNXX Service and is exchanging VNXX
Traffic, access charges apply from the date that the exchange of
VNXX Traffic began.
66.3.4 lntentionally Left Blank
66.3.5 Unless otherwise required by Applicable Law, in the absence of
a written agreement between the Parties stating otherwise, any
traffic which is not included within the definition of Local Traffic
or otherwise specifically addressed in this Agreement will be
compensated at Access Service rates. The right to assess such
Access Service charges shall not be deemed to constitute
authorization for CLEC to route any traffic in a manner which is
not permitted under this Agreement.
67. TRANSIT TRAFFIC
67.1
67.2
67.3
Transit Service terms in this Agreement are for the delivery of Transit Traffic.
Any Jointly Provided Switched Access Traffic that transits the CenturyLink
network will not be considered Transit Traffic and any network functions
provided by CenturyLink in connection with such Jointly Provided Switched
Access will be provided to the IXC at Switched Access Service rates.
When CenturyLink receives an unqueried call from CLEC to a telephone
number that has been ported to another service provider, rates applicable to
Transit Service will apply in addition to any query rates.
To the extent network and contractual arrangements exist with all necessary
parties throughout the term of this Agreement, CenturyLink will provide
Transit Services for CLEC's connection of its End User to a local End User of:
(1) other CLECS, (2) other ILECs (including any CenturyLink ILEC Affiliates
who may be a Party to this Agreement, other than the CenturyLink ILEC
Affiliate providing the Transit Service), and (3) CMRS carriers. CenturyLink
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67.5
67.6
67.7
67.8
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will only provide a Transit Service where CLEC is interconnected at the same
CenturyLink Tandem switch to which the terminating carrier is
interconnected. CLEC agrees not to route Transit Traffic to a non-
CenturyLink Tandem (i.e., double Tandem Transit Traffic) where the NPA-
NXX of the number called is rated within CenturyLink's Tandem serving area,
and CLEC shall compensate CenturyLink for the Transit Service and
reimburse CenturyLink for any terminating compensation charged to
CenturyLink by a terminating carrier as a result of any such double Tandem
Transit Traffic routed by CLEC.
lntentionally Left Blank
ln the event Transit Traffic originated by CLEC is blocked by a third party,
CenturyLink shall have no obligation to resolve the dispute. CLEC
acknowledges that CenturyLink does not have any responsibility to pay, and
CLEC indemnifies CenturyLink against any third-party Telecommunications
Carrier charges for termination of any identifiable Transit Traffic routed to
CenturyLink by CLEC.
Payment Terms and Conditions
67.6.1 CLEC shall pay a Transit Service Charge as set forth in Table 1
for any Transit Traffic routed to CenturyLink by CLEC.
67.6.2 CLEC shall be responsible for payment of Transit Service
charges on Transit Traffic routed to CenturyLink by CLEC and
for any charges assessed by the terminating carrier. CLEC
agrees to enter into traffic exchange agreements with third-
parties prior to routing any Transit Traffic to CenturyLink for
delivery to such third parties, and CLEC will indemnify, defend
and hold harmless CenturyLink against any and all charges
levied by such third-party terminating carrier with respect to
Transit Traffic, including but not limited to, termination charges
related to such traffic and attorneys'fees and expenses.
Exchange of Data
67.7.1 To the extent Technically Feasible, the Parties involved in
transporting Transit Traffic will deliver calls to each involved
network with Common Channel Signaling (CCS/ SS7 protocol
and the appropriate ISUP/TCAP messages to facilitate full
interoperability and billing functions. The Parties agree to send
all message indicators received.
Notwithstanding any other provision to the contrary, once the volume of
Transit Traffic exchanged between CLEC and a third party exceeds the
equivalent of three (3)DS1s of traffic, CenturyLink may, but shall not be
obligated to, require CLEC to establish a direct connection to the parties with
which they are exchanging traffic. CenturyLink also reserves the right to
require CLEC to establish a direct connection to the third party if, in
CenturyLink's sole discretion, the Tandem is at or approaching capacity
limitations. These limitations may include but are not limited to a lack of trunk
port capacity or processor capacity based on the then existing Tandem and
network configuration. Within sixty (60) Days after CenturyLink notifies CLEC
of the requirement to direct connect, CLEC shall establish a direct
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lnterconnection with such third party. After sixty (60) Days, if CLEC has not
established a direct lnterconnection, CenturyLink may thereafter charge
CLEC for such Transit Service, including transit traffic that terminates with
CLEC, at the Transit Service Charge set forth in Tablel until a direct
lnterconnection is established, as required.
67.9 ln the event a third party files a complaint or other lega! action against
CenturyLink, or threatens to do so, as a result of a controversy involving
Transit Traffic originated by CLEC which is routed to such third party, then
upon written notice CenturyLink may require CLEC to (i) directly interconnect
with such third party, or (ii) to otherwise cease using Transit Service of
CenturyLink for delivery of CLEC-originated traffic to such third party, or
(iii) to take such other action which may be mutually acceptable to
CenturyLink, and CLEC, in order to protect and remove CenturyLink from
such controversy, and CenturyLink may seek legal or equitable relief for
purposes of enforcing this paragraph.
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INTRODUCTION
68.1
68.2
68.3
68.4
68.5
68.6
69.USE OF UNES
69.1
69.2
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ARTICLE VI. UNBUNDLED NETWORK ELEMENTS
68.
This Article sets forth the terms and conditions pursuant to which CenturyLink
will furnish CLEC with access to UNEs pursuant to $251(c)(3) of the
Telecommunications Act for the provision by CLEC of a Telecommunications
Service in CenturyLink's incumbent Loca! Exchange areas. Notwithstanding
any other provision of this Agreement, CenturyLink shall only be obligated to
provide UNEs and UNE Combinations to CLEC to the extent required by this
Agreement and Applicable Law.
CLEC shall pay CenturyLink the recuning and non-recurring charges listed in
Table 1 or, if not listed on Table 1, as listed in the applicable Tariff, or as
agreed to by the Parties in accordance with Section 68.3 for the UNEs
provisioned.
lf CLEC procures any UNEs, UNE Combinations and/or other services for
which rates are not currently in this Agreement, CenturyLink then reserves
the right to charge CenturyLink's then standard rates, if any, for such UNEs,
UNE Combinations and/or other services, or to develop a rate using an
appropriate methodology, which rate shall be subject to dispute resolution, if
necessary.
Access to UNEs shall be provided by CenturyLink under this Agreement only
over such routes, technologies, and facilities as CenturyLink may be required
by applicable law to make available to CLEC. Where facilities and equipment
are not available, CenturyLink will not be required to provide UNEs.
Subject to the terms herein, CenturyLink is responsible only for the
installation, operation and maintenance of the as-ordered UNEs it provides
pursuant to the terms of this Agreement. CenturyLink is not otherwise
responsible for any services provided by CLEC through the use of those
UNEs.
Operations Support Systems (OSS). CenturyLink will offer unbundled access
to CenturyLink's OSS to the extent Technically Feasible in a non-
discriminatory manner. OSS consists of pre-ordering, ordering, provisioning,
maintenance and repair, and billing functions supported by CenturyLink's
databases and information. The OSS element includes access to all Local
Loop Qualification information contained in CenturyLink's databases or other
records, including information on whether a particular Local Loop is capable
of providing Advanced Services.
Nondiscriminatory Access to UNEs. To the extent required by Applicable
Law, CenturyLink will provide CLEC with nondiscriminatory access to the
UNEs made available in accordance with the terms and conditions of this
Agreement. CenturyLink will provide access to UNEs where Technically
Feasible.
Subject to the terms and conditions of this Article, CLEC may order each
such UNE individually or, to the extent permitted by Applicable Law, in
Combination with other CenturyLink Network Elements or UNEs
(Combinations) in order to permit CLEC to provide Telecommunications
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Services to its End Users. Except as provided elsewhere in this Agreement,
it is CLEC's obligation to combine CenturyLink provided UNEs with any and
all facilities and services whether provided by CenturyLink, CLEC, or any
other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed
Access Services obtained from CenturyLink as provided for in this
Agreement. UNEs provided to CLEC under the provisions of this Agreement
remain the property of CenturyLink.
69.3 Non-impaired Wire Centers and Related Processes
69.3.'1 Wire Centers that have been identified by CenturyLink as Tier 1
and Tier 2 Wire Centers and Wire Centers in which the number
of Business Lines and Fiber-based Collocators exceed the
thresholds for DS1 and DS3 Loops, as described in Section 72.8
and Section 72.9, are listed on CenturyLink's Website (the Non-
impaired Wire Centers).
69.3.2 Restrictions on DS1 and DS3 UNE Loops. CenturyLink shall not
be required to provide and CLEC shall not order DS1 and DS3
UNE Loops within Non-impaired Wire Centers where the
number of Business Lines and Fiber-based Collocators exceed
the thresholds described in Section72.8 and Section72.9 or
where the number of such UNE Loops would exceed the
maximum quantities of such UNE Loops which are specified in
those sections.
Restrictions of DS1 and DS3 Transport. CenturyLink shall not
be required to provide and CLEC shall not order DS1 and DS3
UNE Transport circuits between Wire Centers which do not
satisfy the tier classifications which are described in
Section 76.3 and Section 76.4 or where the number of such
circuits would exceed the maximum quantities which are
described in those sections.
lf CLEC has any DS1 and DS3 Loops or Transport UNEs in
service as of the Effective Date of this Agreement which
CenturyLink is not required to provide pursuant to Section 69.3.2
and Section 69.3.3 above, or if CLEC thereafter has any DS1
and DS3 Loops or Transport UNEs which exceed the maximum
quantity allowed for such UNE services, such UNEs must be
immediately converted to an alternative service arrangement,
and CLEC is subject to back billing for the difference between
the UNE rate and the rates for the comparable Access Service
arrangements. Such back billing shall cover a period back to
either the date the UNE service was installed or the date the
service became non-impaired, whichever is shorter, or if the
UNE service exceed the maximum quantity allowed for such
UNE service, the period shall extend back to the date on which
the UNE service was installed. lf CLEC fails to submit the
necessary orders to convert such UNEs to alternative service
arrangements within thirty (30) Days of the Effective Date of this
Agreement or notice by CenturyLink, CenturyLink will be entitledto convert the UNEs to comparable Access Services at
69.3.3
69.3.4
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applicable monthly services rates, and to assess an appropriate
non-recurring charge per circuit for the work performed by
CenturyLink on behalf of CLEC.
69.3.5 lf CenturyLink identifies Wire Centers in addition to those
currently listed on CenturyLink's Website that exceed the
applicable FCC impairment thresholds or if the Wire Centers
previously designated as non impaired change classifications
based upon the applicable FCC impairment thresholds, then the
following provisions shall be applicable;
a. CenturyLink will provide CLEC notice in accordance with
the notice provisions of this Agreement and CenturyLink
will also post such information on its Website (the Non-
impairment Notice Date).
b. CLEC will not order new DS1, DS3 and Dark Fiber Loops
or Transport UNEs for the newly identified or reclassified
Wire Centers beginning thirty (30) Days after the date of
the notice (the Non-impairment Effective Date).
c. lf CLEC does not agree with the non-impairment
designation for a newly identified or reclassified Wire
Center, and submits a self-certification in accordance with
(f) below, then CLEC may submit orders to obtain high-
capacity Loops or Transport UNEs in such Wire Center,
and CenturyLink shall process such orders, until a
determination is made pursuant to (f) below that CLEC is
not entitled to order high-capacity Loops or Transport in
such Wire Center.
d. Except as provided in (f) below, CLEC must submit the
necessary orders to convert any UNEs which CenturyLink
is no longer required to provide as a result of the addition
or reclassification of such Wire Centers to an alternative
service arrangement within sixty (60) Days of the Non-
impairment Notice Date (except for Dark Fiber UNES
which shall be subject to the transition period specified in
the following paragraph) and CLEC is subject to back
billing for the difference between the UNE rate and the
rates for the comparable Access Service arrangements to
a date which is sixty (60) Days after the Non-impairment
Notice Date. !f CLEC fails to submit the necessary orders
before the end of sixty (60) Days from the Non-impairment
Notice Date, CenturyLink will be entitled to convert the
UNEs to comparable Access Services and to assess an
appropriate non-recurring charge per circuit for the work
performed by CenturyLink on behalf of CLEC.
e. Except as provided in (f) below, CLEC must begin
negotiations to disconnect or convert to an alternative
service any Dark Fiber UNEs which CenturyLink is no
longer required to provide as a result of the addition or
reclassification of such Wire Centers within sixty (60) Days
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69.4
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of the Non-impairment Notice Date, and CLEC shall be
subject to back billing at a rate which is applicable to the
alternative service, or if no alternative service is arranged,
then at a rate which is equal to the highest special access
Dedicated Transport rate available under CenturyLink's
Tariffs. Should the Parties not come to agreement on a
transition plan to convert such non-impaired Dark Fiber
UNEs, CenturyLink may disconnect such Dark Fiber six (6)
months after the Non-impairment Notice Date.
f. lf CLEC does not agree with the non-impairment
designation for a newly identified or reclassified Wire
Center, then CLEC shall have sixty (60) Days from the
Non-impairment Notice Date to provide a self-certification
to CenturyLink that, to the best of CLEC's knowledge, and
based upon reasonably diligent inquiry undertaken by
CLEC, the Wire Center does not meet the non-impairment
thresholds. CLEC shall provide a blanket certification letter
or other mutually agreed upon form to document its
compliance with such diligent inquiry, and CLEC will
maintain appropriate records that document what
information CLEC relied upon to support its self-
certification. lf CLEC does not convert existing high-
capacity Loop or Transport UNEs or if CLEC submits
orders for high-capacity Loops or Transport UNEs
pursuant to such self-certification and it is subsequently
determined by mutual agreement of the Parties or pursuant
to the Dispute Resolution procedures of this Agreement
that the Wire Centers were properly identified or
reclassified by CenturyLink, then CLEC shall have thirty
(30) Days from the date of such determination to submit
the necessary orders to convert any UNEs which
CenturyLink is no longer required to provide as a result of
the addition or reclassification of such Wire Centers to an
alternative service arrangement (except for Dark Fiber
UNES which shall be subject to the transition obligations in
paragraph (e) above) and shall be subject to backbilling in
the same manner as provided in Section 69.3.4 and
Section 69.3.5 above, as the case may be.
CLEC may use Network Elements provided under this Agreement for any
Telecommunications Service subject to the conditions listed below. By
placing an order for UNEs, CLEC certifies that these requirements are met.
69.4.1 Any combination of the following, where both are provided by
CenturyLink, are subject to the EEL use restrictions in this
Agreement. Such restrictions apply irrespective of the manner in
which the Local Loops and transport are combined.
high capacity Local Loops (DS1, DS3), to the extent
available, and special access transport (a Commingled
facility); or
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69.4.2
69.4.3
69.4.4
69.4.5
INTENTIONALLY LEFT BLANK
NETWORK INTERFACE DEVICE
b. special access channel terminations (DSl, DS3) and
Dedicated Transport (DS1, DS3), to the extent available (a
Commingled facility); or
c. high capacity Local Loops (DS1, DS3) and Dedicated
Transport (DS1, DS3).
CLEC may not order or use a UNE for the exclusive provision of
Mobile Wireless Service. Facilities connecting CenturyLink's
network and CMRS carriers' networks do not qualify as UNEs
and will not be available to CLEC as UNEs. CLEC may not
order or use a UNE for the sole purpose of selling it to another
carrier for the exclusive provision of Mobile Wireless Service.
CLEC may not order or use a UNE for the exclusive provision of
lnterexchange Services, or long distance services. Facilities
connecting CenturyLink's network and lnterexchange Carriers'
networks used by the lnterexchange Carrier to provide such
services to End Users do not qualify as UNEs and will not be
available to CLEC as UNEs. CLEC may not order or use a UNE
for the sole purpose of selling it to another carrier for
I nterexchange Services.
CLEC may not order or use a UNE for CLEC's own use,
administrative or otherwise.
An lnformation Service is not an eligible Telecommunications
Service except that CLEC can use unbundled Local Loops to
provide xDSL services in accordance with this Agreement.
70.
71.
71.1
71.2
71.3
71.4
Apart from its obligation to provide the existing Network lnterface Device
(NlD) functionality as part of an unbundled Local Loop or subloop,
CenturyLink also will provide nondiscriminatory access to either side of the
NID on an unbundled basis. Subject to this Section and its subsections,
CenturyLink shall provide access to the existing NID as a UNE under the
following terms and conditions. Rates and charges applicable to UNE NlDs
are set forth in Table 1.
Under no circumstances shall CLEC connect to either side of the NID or to
the End User's lnside Wiring unless the CenturyLink network is first properly
disconnected from the End User's lnside Wiring as set forth in this Article.
Except in multi-unit tenant properties where CenturyLink owns and maintains
control over lnside Wire within a Building, maintenance and control of the End
User's inside wiring (i.e., on the End User's side of the Demarcation Point) is
under the control of the End User. Conflicts between telephone service
providers for access to the End User's lnside Wire on the End User's side of
the Demarcation Point must be resolved by the End User.
CLEC may obtain unbundled access to the NID on CenturyLink's network
side or the End User access side on a stand-alone basis to permit CLEC to
connect its own loop facilities to the Premises wiring. CLEC may not connect
to the End User access side of the NID except as a UNE in accordance with
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71.5
71.6
71.7
71.8
71.9
71.10
71.11
71.12
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these terms.
CLEC may elect to disconnect CenturyLink's Local Loop from the NID on the
End User access side of the NlD, but CLEC shall not perform any disconnect
on the network side of the NlD. CenturyLink, at the request of CLEC, will
disconnect the CenturyLink Local Loop from the NID or will arrange access to
the network side of the NID for any purpose. The charges reflected in Table
'1 will apply to any CenturyLink dispatch for any purpose initiated at CLEC's
request. The phrase "End User access side of the NlD" is descriptive and
does not convey any ownership or usage rights. The Demarcation Point
between the Local Loop (inclusive of the NID) and the End User's lnside Wire
is established pursuantto 47 C.F.R. 568.105.
CLEC shall maintain a connection to ground on its network that meets
applicable industry standards. ln the case of a NlDto-NlD connection, each
Party shall ground its NID independently of the other Party's NlD.
With respect to multiple dwelling units or multiple-unit business Premises,
CLEC shall have the option of connecting directly with the End User's
Premises wire, or may connect with the End User's Premises wire via
CenturyLink's NlD. CenturyLink will provide CLEC with information that will
enable its technician to locate End User Premises wiring at NlDs that
terminate multiple subscribers. CenturyLink will dispatch a technician and tag
the wiring at CLEC's request.
Any repairs, upgrade and/or rearrangements to the NID requested or required
by CLEC will be performed by CenturyLink based on the Stand Alone NID
Charges set out in Table 1.
CenturyLink will make available to CLEC any existing installed NID at the
time CLEC seeks lnterconnections to such NID to serve an End User.
CenturyLink shall be under no obligation to install a new NID in order to
enable CLEC to interconnect to such NlD.
CLEC shall not access, remove, disconnect or in any other way rearrange
CenturyLink's loop facilities from CenturyLink's NlDs, enclosures or
protectors. CLEC shall not attach to, remove or disconnect ground wires
from CenturyLink's NlDs, enclosures or protectors. CLEC shall not remove
or disconnect NID modules, protectors or terminals from CenturyLink's NID
enclosures.
CLEC may access the End User side of a CenturyLink NID for the purpose of
isolating CenturyLink's Local Loop from the lnside Wiring within the NlD.
lsolation of CenturyLink's Local Loop from the Customer lnside Wiring is
achieved by removing the lnside Wiring from the NID terminals and using
appropriate method and practices to prevent bare wires from coming in
contact with such NID terminals (e.9. capping individual bare wires with
Scotchloksru;. CLEC may not remove the test port wire from the test port as
the isolation method unless CLEC subsequently inserts a dummy test port
plug with a rubber weather seal since this may damage CenturyLink's active
network by allowing the accumulation of corrosive moisture and short-
circuiting insect debris within the test port.
Any access to the End User's side of a CenturyLink NID that utilizes the NID
functionality, including a NID to NID connection, shall be considered a billable
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71.13
71.14
LOOP
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72.
use of the CenturyLink NID as a UNE.
CLEC may request any additional types of access to the NID not specifically
referenced above. CenturyLink will consider the requested type of access via
the BFR process set forth in this Agreement.
CLEC shall be liable to CenturyLink for any damage to a CenturyLink NID
caused by improper or unauthorized use of CenturyLink's NID by CLEC. ln
addition to any monetary damages that CenturyLink may be entitled to
recover as a result of such damages, CenturyLink shall also be entitled to
seek injunctive relief to prevent further NID damages. Such damages may
include but are not limited to dispatch charges, NID replacement costs and
network reconnections and repairs.
Subject to Section 72 and its subsections, CenturyLink will provide CLEC
access to UNE Loops under the following terms and conditions. Rates and
charges applicable to UNE Loops are set forth in Table 1. To the extent
required by Applicable Law, CenturyLink will make available the UNE Local
Loops set forth below between a distribution frame (or its equivalent) in a
CenturyLink Central Office and the Local Loop Demarcation Point at an End
User's Premises. The UNE Local Loop will include any existing NlD. The
Parties acknowledge and agree that CenturyLink shall not be obligated to
provision any of the UNE Local Loops provided for herein to cellular sites or
any location that does not constitute an End User Premises. Subject to the
restrictions of Section 72.11.2, UNE Loops includes all wire within multiple
dwelling and tenant Buildings and campuses that provides access to End
User Premises wiring, provided such wire is owned and controlled by
CenturyLink.
72.1.1 The Local Loop UNE includes, but is not limited to, copper UNE
Loops (2-wire and 4-wire analog voice grade Copper Loops, and
digital Copper UNE Loops), and, to the extent required by
Applicable Law, DS1 Loops and DS3 Loops, where such Loops
are deployed in CenturyLink Wire Centers. CLEC agrees to
operate each UNE Loop type within applicable technical
standards and parameters.
72.1.2 Terms and conditions for making any network modifications
resulting from CLEC's request for Local Loops, including
replacement or upgrade of any existing NlD, are contained in
Section 80.
72.1.3 Loop Conditioning. Conditioned loops are Local Loops from
which excessive bridge taps, load coils, low-pass filters, range
extenders, and similar devices have been removed to enable the
delivery of high-speed switched wireline Telecommunications
capability, including DSL. CenturyLink will condition Local
Loops at CLEC's request and will assess charges for loop
conditioning in accordance with the prices listed in Table 1.
CenturyLink recommends that CLEC utilize the Loop Make-Up
process in Section 74 prior to submitting orders for loops
intended for Advanced Services.
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72.1.4 Tag and Label. At CLEC's request, CenturyLink will tag and
label unbundled Local Loops at the Network lnterface Device
(NlD). Tag and label may be ordered simultaneously with the
ordering of the Loop or as a separate service subsequent to the
ordering of the Loop.
a. CenturyLink will include the following information on the
label: order number, due date, CLEC name, and the circuit
number.
b. CLEC must specify on the order form whether each Loop
should be tagged and labeled.
c. The rates for Loop tag and label and related services are
set forth on Table 1. A trip charge may be billed in addition
to the Tag and Label charges.
72.2 Loop Testing. At CLEC's request, and if Technically Feasible, CenturyLink
will test and report trouble on conditioned loops for all of the line's features,
functions, and capabilities, and will not restrict its testing to voice-
transmission only. To the extent CLEC requests testing that would require
CenturyLink to purchase new equipment, establish new procedures, or make
systems modifications, CLEC will compensate CenturyLink for costs incurred
to provide such testing. Request for additional testing must be submitted
pursuant to the BFR Process in Article lV.
72.2.1 CLEC agrees to follow the process and procedures for reporting
and resolving circuit trouble or repairs set forth in the Standard
Practices published on the CenturyLink Website. Before
contacting CenturyLink's Trouble Maintenance Center (CTMC),
CLEC must first conduct trouble isolation to ensure that the
trouble does not originate from CLEC's own equipment or
network or the equipment of CLEC's customer.
72.2.2 Testing shall include Basic Testing, Optional Cooperative
Testing and Joint Testing. Optional Cooperative Testing and
Joint Testing are performed only at CLEC's request and at
CLEC's cost.
72.2.3 Basic Testing shall include simple metallic measurements only.
Basic Testing does not include cooperative or joint testing efforts
that require CenturyLink's technician to work jointly with CLEC.
72.2.4 Cooperative Testing is provided on Service Order activity only
and will be provided by CenturyLink at CLEC's expense. Loops
involving multiplexing, and IDSL Loops or Subloops that are
provisioned through repeaters or digital loop carriers, prohibit the
reading of a short or open circuit.
72.2.5 Joint Testing is provided at CLEC's request on maintenance
activity only and will be provided by CenturyLink at CLEC's
expense. Loops involving multiplexing, and IDSL Loops or
Subloops that are provisioned through repeaters or digital loop
carriers, prohibit the reading of a short or open circuit.
72.2.6 For either Cooperative Testing or Joint Testing, CenturyLink
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72.2.7
72.3
72.4
72.3.3
xDSL Loops
72.4.1
72.4.2
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technicians will try to contact CLEC's representative to initiate
Joint Testing after completing the requested activity. lf CLEC
does not respond within three (3) minutes, CenturyLink may, in
its sole discretion, continue its attempts to contact CLEC's
representative, and bill CLEC in increments of fifteen (15)
minutes for the technician's time for so long as such efforts
continue, or CenturyLink may abandon the test and CLEC will
be charged for the test and any additional technician time
involved (beyond the initial 3 minutes) at the rates set forth in
Table 1.
CenturyLink will charge CLEC at the rates set forth on Table 1,
when the location of the trouble on a ClEC-reported ticket is
determined to be in CLEC's network or on the CLEC End User's
side of the Demarcation Point.
Analog Loops. The following types of analog Local Loop UNEs will be
provided at the rates, terms, and conditions set out in this Article and in Table
1.
72.3.1 2-Wire Analog Loop. A 2-Wire Analog Loop is a transmission
facility which supports analog voice frequency, voice band
services with loop start or ground start signaling within the
frequency spectrum of approximately 300 Hz and 3000 Hz.
4-Wire Analog Loop. A 4-Wire Analog Loop is a transmission
facility that provides a non-signaling voice band frequency
spectrum of approximately 300 Hz to 3000 Hz. The 4-Wire
Analog Loop provides separate transmit and receive paths.
CenturyLink will provide analog Loops as Copper Loops, Hybrid
Loops, and where required by Applicable Law, FTTH Loops and
FTTC Loops, based on available facilities.
Pursuant to the terms and conditions contained in this Article,
CLEC may order xDSl-capable loops and/or line conditioning
for Copper Loops in order to render such loops capable of
transmitting the digital signals needed to provide Digital
Subscriber Line services (DSL).
Upon request, CenturyLink shall provide to CLEC.
a. information with respect to the spectrum management
procedures and policies that CenturyLink uses in
determining which services can be deployed;
b. information with respect to the rejection of CLEC's
provision of Advanced Services, together with the specific
reason for the rejection; and
c. information with respect to the number of loops using
Advanced Services technology within the binder and type
of technology deployed on those loops.
When CLEC orders an xDSL Loop or Digital Subloop that will be
72.3.2
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72.6
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used to provide xDSL service, CLEC will use the applicable
ordering code where one has been provided by CenturyLink.
Where an applicable ordering code has not been provided by
CenturyLink, CLEC will note that the loop or subloop will be
used to provide an xDSL service in the "Remarks" section of the
Local Service Request (LSR). ln connection with the provision
of Advanced Services, CLEC shall provide to CenturyLink the
following information on the type of technology that CLEC seeks
to deploy.
a. information in writing (via the Service Order) regarding the
Spectrum Management Class (SMC), as defined in the
T1E1.412000-002R2 Draft, of the desired loop so that the
loop and/or binder group may be engineered to meet the
a ppropriate spectrum com patibi lity req uirements ;
b. the SMC (i.e., PSD mask) of the service it seeks to deploy,
at the time of ordering and if CLEC requires a change in
the SMC of a particular loop, CLEC shall notify
CenturyLink in writing of the requested change in SMC (via
a Service Order).
c. to the extent not previously provided CLEC must disclose
to CenturyLink every SMC that CLEC has implemented on
CenturyLink's facilities to permit effective Spectrum
Management.
d. Where CLEC relies on a calculation-based approach to
support deployment of a particular technology, CLEC must
provide CenturyLink with information on the speed and
power at which the signal will be transmitted.
Reverse ADSL Loops. lf CLEC's ADSL Transmission Unit (including those
integrated into DSLAMs) is attached to CenturyLink's Network and if an
ADSL Copper Loop should start at an outside location, and is looped through
a Host or Remote, and then to the subscriber, the copper plant from the
outside location to the CenturyLink Host or Remote Central Office must be a
facility dedicated to ADSL transmission only and not part of CenturyLink's
regular feeder or distribution plant.
Digital Loops. The following types of digital Local Loop UNEs will be
provided at the rates, terms, and conditions set out in this Article and in Table1: On digital Loops, CenturyLink will only provide testing for electrical
continuity and line balance.
72.6.1 2-Wire Digital Loop. A 2-Wire Digital UNE Loop is a
transmission facility which supports Basic Rate ISDN (BRl)
digital exchange services. The 2-Wire Digital Loop will be
provisioned in accordance with industry standards.
72.6.2 A DSI UNE Loop provides a digital transmission facility from a
CenturyLink Central Office to an End User's Premises
and having bandwidth up to 1.544 Mbps. DS1 UNE Loops will
be offered and/or provided pursuant to 72.8 below.
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72.7
72.8
72.9
72.10
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72.6.3 DS3 UNE Loop provides a digital transmission facility from a
CenturyLink Central Office to an End User's Premises and
having bandwidth up to 45 Mbps. DS3 UNE Loops will be
offered and/or provided pursuant to72.9 below.
72.6.4 CenturyLink shall employ industry accepted standards and
practices to maximize binder group efficiency through analyzing
the interference potential of each loop in a binder group,
assigning an aggregate interference limit to the binder group,
and then adding loops to the binder group until that limit is met.
Disputes regarding the standards and practices employed in this
regard shall be resolved through the Dispute Resolution Process
set forth in Article ll of this Agreement.
Non-Standard Digital Loops. lf CLEC requests a digital Loop, for which the
effective loop length exceeds the xDSL standard of 18 kft (subject to gauge
design used in an area), CenturyLink will only provide a Non-Standard Digital
Loop. Additional non-recurring charges for conditioning will apply. Non-
Standard Digital Loops will not be subject to performance measurements or
technical specifications, however, all of the SMC requirements set forth in this
Section 72 are applicable.
DSI Loops
72.8.1 Subject to the cap in Section 72.8.2, CenturyLink will provide
CLEC nondiscriminatory access to a DS1 Loop on an unbundled
basis to any Building not served by a Wire Center with at least
60,000 Business Lines and at least four Fiber-based
Collocators. Once a Wire Center exceeds both of these
thresholds, and the appropriate notice has been given, the
provisions of Section 69 shall apply in that Wire Center.
72.8.2 ln Wire Centers not listed on CenturyLink's Website, CLEC shall
not be entitled to obtain more than ten (10) DS1 UNE Loops to
any single Building.
DS3 Loops
72.9.1 Subject to the cap described in Section 72.9.2, CenturyLink shall
provide CLEC with nondiscriminatory access to a DS3 UNE
Loop to any Building not served by a Wire Center with at least
38,000 Business Lines and at least four Fiber-based
Collocators. Once a Wire Center exceeds both of these
thresholds, and the appropriate notice has been given, the
provisions of Section 69 shall apply in that Wire Center.
72.9.2 ln Wire Centers not listed on CenturyLink's Website, CLEC may
obtain a maximum of one (1) unbundled DS3 loop to any single
Building in which DS3 loops are available as unbundled Local
Loops.
Hybrid Loops. CenturyLink will provide CLEC access to Hybrid Loops for the
provision of narrowband services as provided below.
72.10.1 When CLEC requests access to a Hybrid Loop for the provision
of narrowband services, CenturyLink may elect to provide CLEC
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nondiscriminatory access either to an entire Hybrid Loop
capable of voice grade services (i.e., equivalent to DSO
capacity) using Time Division Multiplexing, or to a spare Copper
Loop serving that customer on an unbundled basis. CenturyLink
shall not be required to provide CLEC unbundled access to the
Packet Switched features, functions and capabilities of a Hybrid
Loop.
72.11 FTTH and FTTC Loops
72.11.1 New builds. CenturyLink will not provide CLEC with non-
discriminatory access to a FTTH or FTTC loop on an unbundled
basis when CenturyLink deploys such loop to an End User's
Premises that previously has not been served by any loop
facility.
72.11.2 Overbuilds. CenturyLink will not provide CLEC non-
discriminatory access to a FTTH or FTTC loop on an unbundled
basis when CenturyLink has deployed such a loop in parallel to,
or in replacement of, an existing Copper Loop facility, except
that:
a. CenturyLink will maintain the existing Copper Loop
connected to the particular End User's Premises after
deploying the FTTH or FTTC loop and provide CLEC non-
discriminatory access to that Copper Loop on an
unbundled basis, unless CenturyLink retires the Copper
Loop pursuant to 47 C.F.R. S51.319 (aX3Xiv).
CenturyLink is not required to incur any expenses to
ensure that the existing Copper Loop remains capable of
transmitting signals prior to receiving a request from CLEC
for such loop. Once a request for the loop is received,
CenturyLink will restore the Copper Loop to serviceable
condition based upon CLEC's request and at CLEC's
expense.
b. lf CenturyLink retires a Copper Loop pursuant to 47 C.F.R.
S51.319 (a)(3)(iv), CenturyLink will provide CLEC non-
discriminatory access to one 64 kilobits per second
transmission path capable of voice grade service over the
FTTH or FTTC loop on an unbundled basis.
Dark Fiber Loops. CenturyLink is not required to provide CLEC with access
to Dark Fiber Loops on an unbundled basis.
Sub-Loops. A subloop is defined as a portion of the full Local Loop that is
Technically Feasible to access at an access terminal on CenturyLink's
outside transmission facilities. An access terminal is any point on the loop
where technicians can access the wire or fiber within a cable without
removing the splice case or outer sheath (e.9., accessed via screw posts,
terminals, patch panels). To the extent they meet the above definition, such
points may include a pole or drop pedestal, the serving area interface, or the
network interface device. Available subloops are:
72.13.1 Feeder: a transmission path between the MDF in any type of
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72.13
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72.13.2
72.13.3
72.13.4
72.13.5
72.13.6
72.13.7
72.13.8
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CenturyLink switch Premises and a subtending FDI or functional
equivalent. CenturyLink is not obligated to offer feeder sub-
loops as a UNE.
Distribution subloop: a transmission path between an FDI or its
functional equivalent and an available access terminal at or near
a subtending End User Premises.
Multi-unit Premises wiring subloop: a transmission path
between a CenturyLink terminal at or near a multiunit Premises,
such as a pole or pedestal, the NlD, or the minimum point of
entry, and the End User Demarcation Point, including lnside
Wire that is owned or controlled by CenturyLink at a multiunit
customer Premises.
a. CenturyLink will not provide or maintain lnside Wire in
situations where it determines there are health or safety
concerns in doing so.
Subloops must be requested using the ICB process set forth in
this Agreement due to the unique circumstances of each
subloop project and the wide variety of circumstances that must
be taken into account in provisioning of subloops. Additionally,
CLEC must also contemporaneously submit a collocation
application pursuant to the Collocation application and
construction process set forth in this Agreement whenever a
Collocation anangement is necessary or appropriate for
provisioning the contemplated subloop. Any Collocation
applications submitted for purposes of supporting a
contemplated subloop shall include a disclosure and description
of such subloop plans.
Except as may otherwise be expressly provided under
Applicable Law, CenturyLink shall not be required to provide
CLEC access to Dark Fiber subloops.
The UNE subloop will include any existing NlD. Terms and
conditions for making any network modifications resulting from
CLEC's request for subloops, including replacement or upgrade
of any existing NlD, are contained in Section 80.
Copper Subloops. CenturyLink will provide CLEC with access to
copper sub-loops on an unbundled basis. A copper subloop is a
portion of a Copper Loop, or Hybrid Loop, and is comprised
entirely of copper wire or copper cable. A copper subloop can
also include intermediate devices, such as repeaters, used to
establish the transmission path. Copper subloops can be used
by CLEC to provide voice-grade services as well as digital
subscriber line services.
Fiber Subloops. On a route where CenturyLink is required by
law to provide CLEC with non-discriminatory access to a FTTH
or FTTC loop, CLEC may also request a subloop consisting of a
single 64 kilobits per second transmission path capable of voice
grade service over the FTTH or FTTC loop.
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72.13.9 Deployment of Advanced Services by CLEC over subloops will
be in accordance with the terms included in Section 72.4.3.
73. INTENTIONALLY LEFT BLANK
74. LOOP MAKE.UP INFORMATION
74.1
74.2
74.3
74.4
74.5
At the request of CLEC, CenturyLink will provide CLEC with
nondiscriminatory access to its Loop Make-Up lnformation as it exists in
CenturyLink database and records. The charges for Loop Make-Up
lnformation are set forth in Table 1 to this Agreement.
CenturyLink shall provide Loop Make-Up lnformation based on the individual
telephone number or address of an End User in a particular Wire Center or
NXX code. Loop Make-Up lnformation requests will be rejected if the service
address is not found within existing serving address information, if the
telephone number provided is not a working number or if the POI identified is
not a POI where the requesting CLEC connects to the CenturyLink LTD
network.
Errors identified in validation of the Loop Make-Up lnformation inquiry order
will be returned to CLEC.
CenturyLink may provide the requested Loop Make-Up lnformation to CLEC
in whatever manner CenturyLink would provide to their own internal
personnel, without jeopardizing the integrity of proprietary information (i.e.,
fax, intranet inquiry, document delivery, etc.). lf the data is provided via fax,
CLEC must provide a unique fax number used solely for the receipt of Loop
Make-Up lnformation.
lf CLEC does not order Loop Make-Up lnformation prior to placing an order
for a loop for the purpose of provisioning of an advanced service and the
advanced service cannot be successfully implemented on that loop, CLEC
agrees that:
74.5.1 CLEC will pay a Trouble lsolation Charge to determine the
cause of the failure;
74.5.2 lf CenturyLink undertakes Loop Make-Up lnformation activity to
determine the reason for such failure, CLEC will pay a Loop
Make-Up lnformation Charge; and
74.5.3 lf CenturyLink undertakes Conditioning activity for a particular
loop to provide for the successful installation of Advanced
Services, CLEC will pay applicable conditioning charges. All
charges will be as set forth in Tablel.
LOCAL CIRCUIT SWITCHING
75.1 CenturyLink is not required to provide access to local circuit switching on an
unbundled basis.
DEDICATED TRANSPORT
76.1 CenturyLink shall provide CLEC with nondiscriminatory access to Dedicated
Transport on an unbundled basis, as set forth in this Agreement.
76.1.1 Subject to the limitations set forth in Sections 76.3 and 76.4,
UNE Dedicated Transport will be provided only where such
75.
76.
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76.2
facilities are Currently Available at the time of CLEC's request,
and only over routes where CenturyLink is required to make
UNE Dedicated Transport available pursuant to Applicable Law.
76.1.2 Notwithstanding any other provision of this Agreement,
CenturyLink is not obligated to provide CLEC with unbundled
access to Dedicated Transport that does not connect a pair of
CenturyLink's Wire Centers.
Subject to availability and the limitations in this Section, CenturyLink will
provide UNE Dedicated Transport only at the following digital signal speeds:
DSI (1.544 Mbps) and DS3 (44.736 Mbps). UNE Dedicated Transport shall
be dedicated to CLEC's designated traffic.
DS'1 Dedicated Transport.
76.3.1 DS1 Dedicated Transport consists of CenturyLink interoffice
transmission facilities that have a total digital signal speed of
1.544 Mbps and are dedicated to a particular canier.
76.3.2 CenturyLink will only provide DS1 Dedicated Transport on an
unbundled basis between any pair of CenturyLink Wire Centers
that are classified as Tier 3 on one or both ends of the route.
76.3.3 CLEC may obtain a maximum of ten (10) DS1 Dedicated
Transport circuits on each route where DS1 Dedicated Transport
is available on an unbundled basis.
DS3 Dedicated Transport.
76.4.1 DS3 Dedicated Transport consists of CenturyLink interoffice
transmission facilities that have a total digital signal speed of
44.736Mbps and are dedicated to a particular customer or carrier.
76.4.2 CenturyLink will only provide DS3 Dedicated Transport on an
unbundled basis between any pair of CenturyLink Wire Centers
that are classified as Tier 3 on one or both ends of the route.
76.4.3 CLEC may obtain a maximum of twelve (12) unbundled DS3
Dedicated Transport circuits on each route where DS3
Dedicated Transport is available on an unbundled basis.
76.3
77. DARK FIBER TRANSPORT
77.1 Dark Fiber is an existing fiber facility that has not been activated through
connection to the optronics that "light" it and render it capable of carrying a
Telecommunications Service. Dark Fiber is unlit optic cable that is deployed
within CenturyLink's network.
77.2 CenturyLink shall provide access to unbundled Dark Fiber Transport at the
rates set forth in Table 1 under the following terms and conditions.
77.3 CenturyLink shall unbundle Dark Fiber Transport only when either
CenturyLink Wire Center defining the route is a Tier 3 Wire Center.
77.3.1 Where CenturyLink is not required to provide unbundled Dark
Fiber Transport, CLEC may not obtain new Dark Fiber Transport
as a UNE.
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77.3.3
77.3.4
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Maintenance and Testing
a. CenturyLink is only responsible for maintaining the facilities
that it owns. Dark Fiber will be provided as is. No
conditioning will be offered, and CenturyLink will not be
required to condition Dark Fiber on CLEC's behalf.
b. CenturyLink is not responsible for determining whether the
transmission characteristics of the Dark Fiber will
accommodate CLEC requirements.
c. CenturyLink does not guarantee that the transmission
characteristics of the Dark Fiber will remain unchanged
over time. CenturyLink agrees to conduct cooperative
testing with CLEC at CLECs request and cost. Cost for the
tests will be determined at the time of the testing request.
Dark Fiber Availability
a. Dark Fiber requests will be handled on a first come, first
served basis, based on the date the BFR Application is
received.
b. Spare fibers in a sheath are not considered available if
CenturyLink has plans to put the fiber in use within the
current year or the following year.
c. CenturyLink will also maintain fibers to facilitate
maintenance, rearrangements and changes. CenturyLink
will generally reserve eight percent (8%) of fibers in a
sheath for maintenance, subject to a minimum of four (4)
fibers and a maximum of seventy two (72) fibers.
d. Defective fibers, if any, will be deducted from the total
number of spare fibers that would othenruise be available.
e. Fibers assigned to any carrier that are still pending
optronics installations will be deducted from the total
number of spare fibers that would otherwise be available.
Access to Dark Fiber Transport
a. Virtual and Physical Collocation arrangements may be
used by CLEC to locate the optical equipment necessary
to "light" leased Dark Fiber. On routes where CenturyLink
is required to unbundle Dark Fiber Transport pursuant to
Section 77.3, CenturyLink will only provide CLEC access
to such Dark Fiber Transport where CLEC has Collocation
space, leased as provided in Article lX, in each
CenturyLink Central Office or Wire Center where the
requested Dark Fiber Transport fibe(s) terminates.
b. At CenturyLink Central Offices, Dark Fiber Transport
terminates on a fiber distribution frame (or its equivalent) in
the Central Office. The Demarcation Point for Dark Fiber
Transport at Central Offices and Remote terminals will be
in a CenturyLink-approved Splitter shelf or fiber patch
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77.3.5
77.3.6
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panel. This arrangement allows for non-intrusive testing.
c. lf fiber patch panels (FPPs) or Splitter shelves are not
located within close enough proximity for a fiber patch
cord, CLEC must submit an ASR for the purchase and
installation of CCXC.
d. Establishment of applicable fiber optical equipment or
intermediate repeaters needed to power the unbundled
Dark Fiber Transport in order to carry Telecommunications
Services is the responsibility of CLEC.
Dark Fiber Transport Application and Ordering Procedure
a. CLEC will submit a Dark Fiber Application (DFA) and
application fee to request that CenturyLink determine the
availability of Dark Fiber Transport between the CLEC-
specified locations. The application fee noted on Table 1
will be charged to CLEC for each application submitted by
CLEC.
b. lf Dark Fiber Transport is not available, CenturyLink will
notify CLEC of the DFA rejection. lf CLEC contests the
rejection, CLEC will follow the Dispute Resolution Process
provided in this Agreement.
c. lf Dark Fiber Transport is available, CLEC will notify
CenturyLink of acceptance/rejection of Dark Fiber
Transport quote, via a firm order, within ten (10) Business
Days of receipt of quote. CLEC will submit a firm order for
Dark Fiber Transport via an ASR.
d. CenturyLink will reserve the requested Dark Fiber
Transport for CLEC during these ten (10) Business Days.
lf CLEC does not submit a firm order by the tenth (10th)
Business Day, the requested Dark Fiber Transport will no
longer be reserved. Thereafter, CLEC must submit
another DFA and application fee.
e. By submitting the Dark Fiber firm order, CLEC agrees to
pay quoted monthly recurring and non-recurring charges.
See Table 1 for monthly recurring and non-recurring
charges.
f. Billing of the monthly recurring and non-recurring charges
will begin upon completion by CenturyLink of the Dark
Fiber Transport order.
g. lf CLEC cancels firm order before the established due
date, CLEC agrees to reimburse CenturyLink for all costs
incurred by CenturyLink related to the DFA and the firm
order.
Rules for Reclaiming Dark Fiber
a. lf, at any time, CenturyLink determines that it will not have
sufficient fiber to meet its bandwidth requirements within
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78. UNE COMBINATIONS
78.1
78.2
78.2.4
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the twelve (12) months following the determination,
CenturyLink may reclaim from CLEC the right to use the
Dark Fiber, whether or not CLEC is utilizing the Dark Fiber.
b. CenturyLink will provide CLEC six (6) months written
notice of its intention to reclaim Dark Fiber.
c. CenturyLink will provide CLEC with alternative transport
options and costs when CenturyLink reclaims Dark Fiber.
d. The Dispute Resolution Procedures found in this
Agreement will be followed if CLEC contests CenturyLink's
decision to reclaim Dark Fiber.
Subject to Applicable Law and the terms and conditions in this Section,
CenturyLink will make available to CLEC EELs and other forms of UNE
Combinations.
General Terms and Conditions
78.2.1 Upon CLEC's request, and subject to Section 78.2.3,
CenturyLink will provide UNEs in a manner that allows CLEC to
combine such Unbundled Network Elements in order to provide
a Telecommunications Service to its End Users.
78.2.2 CenturyLink shall not separate UNEs requested by CLEC that
CenturyLink currently combines in its network to provide local
service. CenturyLink will provide CLEC access to UNE
Combinations that CenturyLink ordinarily combines in its
network without requiring CLEC to submit a BFR. CLEC must
submit a BFR for UNE Combinations not considered "ordinarily
combined," including those that: (1) CenturyLink does not
provide services using such a Combination of Network
Elements; or (2) CenturyLink does provide services using such
Combination but such provisioning is extraordinary (i.e., a limited
Combination of Network Elements created in order to provide
service to a customer under a unique and nonrecurring set of
circumstances).
78.2.3 Upon CLEC's request, CenturyLink will perform the functions
necessary to combine the UNEs requested by GLEC, provided
that such combination:
a. is Technically Feasible, including that network reliability
and security would not be impaired;
b. would not impair the ability of other carriers to obtain
access to other unbundled Network Elements or to
interconnect with CenturyLink's network;
c. does not impair CenturyLink's ability to retain responsibility
for the management, control and performance of its
network, or place CenturyLink at a disadvantage in
operating its own network.
Any request by CLEC that CenturyLink provide combined UNEs
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78.2.5
78.2.6
78.2.7
78.2.8
78.2.9
78.3 Commingling
78.3.1
78.3.2
78.3.3
78.3.4
78.3.5
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that are not otherwise specifically provided for under this
Agreement will be made in accordance with the BFR process
described in Section 52.
CLEC will compensate CenturyLink for the costs of work
performed to combine the requested UNEs pursuant to the rates
in Table 1 or as agreed upon in the BFR process under Section
52.
The provisioning of combinations, including EEL, is limited to
existing facilities and CenturyLink is not obligated to construct
additionalfacilities to accommodate any request by CLEC.
ln the event that CenturyLink denies a request to perform the
functions necessary to combine UNEs or to perform the
functions necessary to combine UNEs with another service or
Network Elements possessed by CLEC, CenturyLink shall
provide written notice to CLEC of such denial and the basis
thereof.
Upon request, CenturyLink will convert a Tariffed service or
group of services, to the equivalent UNE/UNE combination that
is available to CLEC pursuant to this Section, or will convert a
UNE/UNE combination to the equivalent Tariffed service(s)
(collectively Conversion). CenturyLink will charge, and CLEC
agrees to pay, applicable non-recurring Service Order charges
and conversion rates included in this Agreement and/or in the
Tariff.
A Conversion will be considered a termination for purposes of
any volume and/or term commitments or Grandfathered status
between CLEC and CenturyLink.
For the purpose of this Section, Wholesale Services includes
both services CLEC procures for resale pursuant to $251(c)(4)and Exchange Access Service purchased from CenturyLink's
access Tariffs.
Subject to other applicable provisions of this Agreement
including prohibitions and restrictions, CenturyLink shall permit
CLEC to Commingle a UNE or a Combination of UNEs with
facilities or services obtained at wholesale from CenturyLink to
the extent required by Applicable Law.
lntentionally Left Blank.
CenturyLink shall charge CLEC the non-recurring and recurring
rates applicable to the UNEs, facilities or services that CLEC
has obtained at wholesale from CenturyLink. lf any
Commingling requested by CLEC requires physical work to be
performed by CenturyLink, CenturyLink shall charge CLEC, as
noted on the BFR Quote.
Each component of the Commingled facility, either UNE or
Wholesale Service, will be billed at the UNE or Wholesale
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Service rate for that component, plus applicable non-recurring
charges. CenturyLink will not ratchet the price of individual
components; that is, CenturyLink will not reflect a combination of
UNE and wholesale rates for the same component. Wholesale
Service rates will be per the appropriate Tariff, including any
applicable resale discounts pursuant to this Agreement.
78.4 Specific Combinations - EELs
78.4.1 ln order to facilitate the provisioning of EELs, CenturyLink shall
support the ordering and provisioning of this specific
combination as set forth below.
Where required under Applicable Law, CenturyLink will offer the
combination of unbundled Local Loops with unbundled
Dedicated Transport. CenturyLink will provide EELs at the
applicable recurring and non-recurring charges as specified in
Table 1 for Loops, Dedicated Transport, and where applicable,
Multiplexing. Recurring and nonrecurring charges, including but
not limited to cross connect charges and Service Order
Charges, will apply. CenturyLink will cross-connect unbundled
2- or 4-wire analog or 2- or 4-wire digital Loops to unbundled
voice grade DS1 or DS3 Dedicated Transport facilities for
CLEC's provision of circuit switched Telephone Exchange
Service to CLEC's End Users.
Multiplexing shall be provided as necessary as part of Dedicated
Transport at the rates shown in Table 1.
ln order to obtain the EEL combinations below, CLEC must
provide certification that it satisfies the service eligibility criteria
for each circuit as set forth below. CLEC must continue to be in
compliance with the service eligibility criteria for as long as
CLEC continues to receive the services in this Section.
CenturyLink will offer the following EEL Combinations:
a. an unbundled DSI loop in Combination, or Commingled,
with a DS1 Dedicated Transport or DS3 or higher
Dedicated Transport facility or service;
b. an unbundled DS3 loop in Combination, or Commingled,
with a DS3 or higher Dedicated Transport facility or
service;
c. an unbundled DS1 Dedicated Transport facility in
Combination, or Commingled, with an unbundled DS1 loop
or a DS1 channeltermination service;
d. an unbundled DS3 Dedicated Transport facility in
Combination, or Commingled, with an unbundled DSl loop
or a DS1 channeltermination service;
e. an unbundled DS3 loop or DS3 or higher channel
termination service.
EEL Eligibility Criteria
78.4.2
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78.4.3
78.4.4
78.4.5
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CLEC must have State certification to provide local voice
service in the area being served by the EEL or, in the
absence of a State certification requirement, CLEC must
have complied with registration, Tariffing, filing fee, or other
regulatory requirements applicable to the provision of local
voice service in the area served by the EEL;
At the time of ordering and continually for the period in
service, the following criteria must be satisfied for each
combined circuit, including each DS1 circuit, each DS1
EEL, and each DS1-equivalent circuit on a DS3 EEL;
1. Each circuit to be provided to each CLEC
customer, including each DS1 and each DS1-
equivalent on a DS3 EEL, must be assigned one
local number prior to the provision of service over
the circuit;
2. Each DS1-equivalent circuit on a DS3 EEL or on
any other High-Capacity EEL must have its own
local telephone number assignment, so that each
DS3 circuit has at least 28 local voice telephone
numbers assigned to it;
3. Each circuit to be provided by CLEC to each End
User will have 911 or E911 capability prior to the
provision of service over that circuit;
4. Each circuit to be provided to each End User must
terminate into a Collocation that meets one of the
following requirements;
a. a Collocation established pursuant to
$251(c)(6) of the Act and located at
CenturyLink's Premises within the same
LATA as the CLEC's End User's Premises,
when CenturyLink is not the collocator;
b. CLEC's Collocation arrangement cannot be
located at an lnterexchange Carrier Point of
Presence (POP) or an ISP POP; or
c. a Collocation located at a third party's
Premises within the same LATA as the
CLEC's End User's Premises, when
CenturyLink is the collocator.
5. For each twenty-four (24) DS1 EELs or other
facilities having equivalent capacity, CLEC must
maintain at least one active DS1 local service
lnterconnection Trunk and CLEC is required to
transmit the calling party's number in connection
with calls exchanged over each trunk. Where CLEC
does not establish an lnterconnection arrangement
with CenturyLink for the meaningful exchange of
b.
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Local Traffic that flows in both directions, such
lnterconnection arrangement shall not satisfy this
criteria, and
6. Each circuit to be provided to each End User will be
served by a switch capable of switching local voice
traffic.
78.5 Audits. ln addition to any other audit rights provided for in this Agreement
and those allowed by Applicable Law, CenturyLink may obtain an
independent auditor to audit CLEC, on an annual basis, to determine CLEC's
compliance with the conditions set out in this Section. For purposes of
calculating and applying an "annual basis," it means a consecutive twelve
(12) month period, beginning upon CenturyLink's written notice that an audit
will be performed.
78.5.1 Should the independent auditor's report conclude that CLEC
failed to comply in any material respects with the Eligibility
Requirements of this Section, CLEC must submit orders to
CenturyLink to either convert all non-compliant circuits to the
appropriate service or disconnect non-compliant circuits.
Conversion and disconnect orders shall be submitted within
thirty (30) Days of the date on which CLEC receives a copy of
the auditor's report or otherwise discovers or is notified that a
circuit does not meet the Eligibility Requirements. Should CLEC
fail to submit conversion orders within the thirty (30) Day period,
CenturyLink may initiate and effect such a conversion on its own
without any further consent by CLEC.
CLEC must make accurate payments after the conversion
orders are processed, and must true-up any difference in
payments paid to CenturyLink with the appropriate Tariffed rates
and charges CLEC would have owed CenturyLink beginning
from the later of the date the non-compliant circuit was
established as a UNE or Combination, in whole or in part, or the
beginning of the Audit period.
CLEC also is responsible for paying all non-recurring charges
associated with any disconnects or conversions, whether
initiated by CLEC or CenturyLink pursuant to this provision.
ln no event shall rates set under S252(dX1) apply for the use of
any UNE for any period in which CLEC does not meet the
service Eligibility Requirements and conditions set forth in this
Article for that UNE combination, arrangement, or circuit, as the
case may be.
To the extent that the independent auditor's report concludes
that CLEC failed to comply in all materia! respects with the
service Eligibility Requirements, CLEC shall reimburse
CenturyLink for the actual cost of the independent auditor's work
performed in auditing CLEC's compliance with the service
Eligibility Requirements and for CenturyLink's necessary and
reasonable internal costs incurred conducting the audit.
78.5.2
78.5.3
78.5.4
78.5.5
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78.5.6 CLEC will maintain the appropriate documentation to support its
eligibility certifications, including, without limitation, call detail
records, local telephone number assignment documentation,
and switch assignment documentation. CLEC will maintain this
documentation for the Term of the Agreement plus a period of
one (1) year.
LINE SPLITTING
79.1 Line Splitting is an arrangement between two CLECs where one CLEC
provides the voice services and another CLEC provides Advanced Services
over an UNE Loop. One of the CLECs will order the UNE Loop and split the
loop spectrum in the CLEC's Collocation space.
Whenever CLEC's OCN is used to order the UNE Loop, CLEC shall control
the entire loop spectrum. CenturyLink will bill the entire charges for the UNE
Loop and any other ordered services to CLEC.
ROUTINE NETWORK MODIFICATIONS TO CENTURYLINK'S EXISTING NETWORK
80.1
79.
80.
79.2
80.2
80.3
80.4
80.5
At CLEC's request CenturyLink shall make Routine Network Modifications to
UNE Loop or Dedicated Transport facilities used by CLEC where the
requested UNE facility has already been constructed. CenturyLink shall
perform Routine Network Modifications to UNE facilities in a
nondiscriminatory fashion, without regard to whether the UNE facility being
accessed was constructed on behalf, or in accordance with the specifications,
of any canier.
A Routine Network Modification is an activity that CenturyLink regularly
undertakes for its own customers. Routine Network Modifications may
include rearranging or splicing of cable; adding an equipment case; adding a
doubler or repeater; adding a smart jack; installing a repeater shelf; adding a
line card; deploying a new multiplexer or reconfiguring an existing multiplexer
and attaching electronic and other equipment that CenturyLink ordinarily
attaches to activate such UNE Loops or Transport facilities for its own End
User. Routine Network Modifications may entail activities such as accessing
manholes, deploying bucket trucks to reach aerial cable, and installing
equipment casings.
Routine Network Modifications do not include: the construction of a new UNE
Loop or Dedicated Transport; installation of new aerial or buried cable;
splicing cable at any location other than an existing splice point or at any
location where a splice enclosure is not already present; securing permits,
rights-of-way, or Building access arrangements; constructing and/or placing
new manholes, handholds, poles, ducts or conduits; installing new terminals
or terminal enclosures (e.9., controlled environmental vaults, huts, or
cabinets); providing new space or power for requesting carriers; or removing
or reconfiguring packetized transmission facility. CenturyLink is not obligated
to perform these and other similar activities for CLEC.
CenturyLink will determine whether and how to perform Routine Network
Modifications using the same network or outside plant engineering principles
that would be applied in providing service to CenturyLink's End User.
lf CLEC requests one or more unbundled Local Loops serviced by lntegrated
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80.6
80.7
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Digital Loop Canier (IDLC), CenturyLink will, where available, move the
requested unbundled Local Loop(s) to a spare, existing physical or a
universal digital loop carrier unbundled Local Loop. lf, however, no spare
Local Loop facility is available for unbundling, CenturyLink will notify CLEC of
the lack of available facilities.
CenturyLink will provide Routine Network Modifications based on the terms
and conditions set out in this Article, at the prices in Table 1 or on
CenturyLink's BFR price quote. The Parties agree that the Routine Network
Modifications for which CenturyLink is not recovering costs in existing
recurring and non-recurring charges, and for which costs will be imposed on
CLECs as an ICB include, but are not limited to: adding an equipment case;
adding a doubler or repeater including associated line card(s); installing a
repeater shelf and any other necessary work and parts associated with a
repeater shelf; and where applicable, deploying multiplexing equipment, to
the extent such equipment is not present on the UNE Loop or Dedicated
Transport facility when ordered.
CenturyLink is not obligated to build TDM capability into new packet-based
networks or into existing packet-based networks that never had TDM
capability. This includes packet-based networks that incorporate a packet to
TDM format translation to connect to End User-provided equipment.
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ARTICLE V!I. RESALE
LOCAL TELECOMMUNICATIONS SERVIGES PROVIDED FOR RESALE
81.1 All services made available by CenturyLink, which are to be offered for resale
pursuant to the Act, are subject to the terms and conditions herein, the
applicable general terms and conditions in Article ll, and Applicable Law.
CenturyLink will make available to CLEC for resale to End Users any local
Telecommunications Services that CenturyLink currently offers, or may offer
hereafter, on a retail basis to subscribers that are not Telecommunications
Carriers, including such services as are made available by CenturyLink to its
retail End Users via its applicable local retail Tariff or other retail
Telecommunication Service offerings (hereinafter, Resold Services). Terms,
conditions, and use limitations for CLEC shall be in Parity with services
offered by CenturyLink to its End Users. The list of services described herein
which CenturyLink shall make available to CLEC for resale pursuant to this
Agreement is neither all inclusive nor exclusive.
81.2 Resale services are available where facilities currently exist and are capable
of providing such services without construction of additional facilities or
enhancement of existing facilities. However, if CLEC requests that facilities
be constructed or enhanced to provide services for resale, CenturyLink will
construct facilities to the extent necessary to satisfy its obligations to provide
basic Telephone Exchange Service as set forth in CenturyLink retail Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings
and Commission rules. Under such circumstances, CenturyLink will develop
and provide to CLEC a price quote for the facilities construction.
Construction charges associated with resold services will be applied in the
same manner that construction charges apply to CenturyLink retail End
Users. lf the price quote is accepted by CLEC, CLEC will be billed the
quoted price and construction will commence after receipt of payment.
81.3 Except as otherwise agreed to in writing by CenturyLink, CenturyLink shall
not be responsible for the installation, inspection, maintenance, repair or
removal, of facilities, equipment, software, or wiring provided by CLEC or
CLEC's End Users for use with any resold services.
81.4 CenturyLink and its suppliers shall retain all rights, title and interest in any
respective facilities, equipment, software, information, and wiring, used to
provide CLEC with resold services under this Agreement.
81.5 When applicable, CenturyLink shall have access at all reasonable times to
CLEC customer locations for the purpose of installing, inspecting,
maintaining, repairing, and removing, facilities, equipment, software, and
wiring, used to provide resold services under this Agreement. CLEC shall, at
CLEC's expense, obtain any rights and/or authorizations necessary for such
access.
GENERAL TERMS AND CONDITIONS FOR RESALE SERVICES
82.1 CLEC as Customer of Record. CLEC will be the customer of record for all
resold services purchased from CenturyLink. Except as specified herein,
CenturyLink will take orders from, bill and expect payment from CLEC for all
services ordered.
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81.
82.
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82.4
82.5
83.2
83.3
83.4
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83.
82.3
PRICING
83.1 Calculation of the Resale Discount and the Resulting Resale
discount as shown in Table 1 shall apply to the retail
Billing. CenturyLink shall not be responsible for the manner in which CLEC
bills its End Users. All applicable rates and charges for services provided to
CLEC or to CLEC's End Users under this Agreement will be billed directly to
CLEC and shall be the responsibility of CLEC regardless of CLEC's ability to
collect; including but not limited to toll and third-party charges unless CLEC
has taken appropriate actions to restrict CLEC's End Users' ability to incur
such charges.
Local Calling Detail. Except for those services and in those areas where
measured rate local service is available to End Users, monthly billing to
CLEC does not include local calling detail unless CLEC orders and pays for
such detail pursuant to the terms and conditions of this Agreement.
Originating Line Number Screening (OLNS). Upon request and when
CenturyLink is technically able to provide and billthe service, CenturyLink will
update the database to provide OLNS, which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.9.,
penal institutions, COCOTS).
Timing of Messages. With respect to CenturyLink resold measured rate local
service(s), where applicable, chargeable time begins when a connection is
established between the calling station and the called station. Chargeable
time ends when the calling station "hangs up," thereby releasing the network
connection. lf the called station "hangs up" but the calling station does not,
chargeable time ends when the network connection is released by automatic
timing equipment in the network.
Telecommunications Services made available for resale in this Article, except
those services excluded from resale or from receiving the resale discount as
set forth in this Article or Applicable Law.
Promotions. CenturyLink will make available for resale those promotional
offerings that are greater than ninety (90) Days in duration, and any special
promotional rate will be subject to the applicable resale discount.
CenturyLink will make available for resale those promotional offerings that
are less than ninety (90) Days in duration; however, any special promotional
rate or other promotional offering will not be subject to and may not be used
with the applicable resale discount. For promotional offerings that are less
than ninety (90) Days in duration, CLEC may choose either the promotion or
the discount at its discretion. ln all cases, in order to obtain a promotional
offering, CLEC must qualify for the promotional offering under the stated
terms of the offering and must request the offering at the time of order
placement. CLEC shall not be eligible for any post-provisioning retroactive
applicability of a promotional offering.
Resale of As ls Services. When a CenturyLink End User changes service
providers to CLEC resold service of the same type without any additions or
changes, the only applicable non-recurring charge will be the LSR Service
Order charge.
Resale with Changes in Services. lf a CLEC End User adds features or
Rate. A
rate of
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83.5
83.6
84.3
84.4
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84.
services when the End User changes its resold local service from
CenturyLink or another service provider to CLEC, CenturyLink will charge
CLEC the normal LSR Service Order charges andior non-recurring charges
associated with said additions.
End User Contractual Arrangements. CenturyLink will offer for resale its
currently existing (signed by an End User) Contract Service Arrangements,
Special Arrangements, or lCBs in accordance with FCC and Commission
Rules and Regulations. The End User's contractual arangement with
CenturyLink will terminate and any applicable termination liabilities will be
charged to the End User. The terms of the terminated CenturyLink Contract
Service Arrangement, Special Arrangement or ICB will apply to the respective
resold services beginning on the date CLEC commences to provide service
to the End User and ending on the end date of the Contract Service
Arrangement, Special Arrangement or lCB.
83.5.1 CenturyLink will bill CLEC the rate in the Contract Service
Arrangement, Special Arrangement or ICB until the originally
contracted end date for such services.
83.5.2 lf CenturyLink does not receive a termination notice for the
arrangement from CLEC that specifies termination on the
contractual end date, CLEC will have the choice of accepting a
new contractual arrangement at then-cunent terms and pricing
or moving to the closest Tariffed or otherwise offered service
equivalent. lf CLEC does not invoke its choice within 10
Business Days following the end date, then CenturyLink may
select either alternative at its discretion. Any change in the rates
shall be retroactive to the most recent arrangement end date.
83.5.3 Notwithstanding Section 83.5.2, CenturyLink at its discretion
may terminate any contractual arrangement at the specified end
date with no obligation to offer any replacement service.
Nonrecurring Charges. The resale discount, as shown in the Resale
attachment of this Agreement, does not apply to non-recurring charges
(NRCs), whether such NRCs are contained in this Agreement, in
CenturyLink's applicable retailTariffs or as otherwise offered on a retail basis.
LIMITATIONS AND RESTRICTIONS ON RESALE
84.1 ln addition to the limitations and restrictions set forth in this Agreement,
CenturyLink may impose other reasonable and non-discriminatory conditions
or limitations on the resale of its Telecommunications Services to the extent
permitted by Applicable Law.
Cross-Class Selling. CLEC will not resell to one class of customers a service
that is offered by CenturyLink only to a particular class of customers to
classes of customers that are not eligible to subscribe to such services from
CenturyLink (e.9., R-1 to B-1, disabled services or lifeline services to non-
q ualifying customers).
lntentionally Left Blank.
Advanced Telecommunications Services Sold to lSPs. Advanced
Telecommunications Services (Advanced Services) sold to lnternet Service
84.2
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84.5
84.6
84.7
84.8
84.9
84.10
84.11
84.12
84.13
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Providers (lSPs) as an input component to the lSPs' retail internet service
offering shall not be eligible for the resale discount under the terms of this
Agreement.
Voice Mail Service. Voice Mail Service is not a Telecommunications Service
subject to resale under this Agreement. Where offered, CLEC may purchase
Voice Mail Service and related services for its End Users at CenturyLink's
retail rates; however, no resale discount applies.
Hospitality Service. CenturyLink will provide all blocking, screening, and other
applicable functions available for hospitality lines under Tariff.
LIDB Administration. CenturyLink will maintain customer information for
CLEC End Users who subscribe on a retail basis to resold CenturyLink local
service dial tone lines, in CenturyLink's LIDB in the same manner that it
maintains information in LIDB for its own similarly situated End Users.
CenturyLink will update and maintain CLEC's information in LIDB on the
same schedule that it uses for its own similarly situated End Users.
84.7.1 Until such time as CenturyLink's LIDB has the software
capability to recognize a resold number as CLEC's, CenturyLink
will store the resold number in its LIDB at no charge and will
retain revenue for LIDB look-ups to the resold number.
OS/DA. The resale discount shall not apply to Operator Services (OS) or
Directory Assistance (DA) services provided to CLEC's End Users by
CenturyLink's OS and DA vendors.
Special Access Services. CLEC may purchase for resale special Access
Services; however, no resale discount applies.
COCOT Coin or Coinless Lines. CLEC may purchase for resale COCOT
coin or coinless line services; however, no resale discount applies.
Grandfathered Services. Services identified in CenturyLink Tariffs as
Grandfathered in any manner are available for resale only to End Users that
already have such Grandfathered Service. An existing End User may not
move a Grandfathered Service to a new service location. lf an End User's
Grandfathered Service is terminated for any reason, such Grandfathered
Service may not be reinstalled. Grandfathered Services are subject to a
resale discount, as provided in Section 82.
Universal Emergency Number Service. Universal Emergency Number
Service is not a separate service available for resale. Universal Emergency
Number Service (E911/911 Service) is provided with each local Telephone
Exchange Service line resold by CLEC whenever E911/911 Service would be
provided on the same line if provided by CenturyLink to a CenturyLink End
User.
Services provided for CLEC's Own Use. Telecommunications Services
provided directly to CLEC for its own use or for the use of its Subsidiaries and
Affiliates and not resold to CLEC's End Users must be identified by CLEC as
such, and CLEC will pay CenturyLink's retail prices for such services. Use of
a CenturyLink service for the transport or consolidation of any CLEC services
to multiple End Users shall be considered service provided for CLEC's own
use.
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84.14 CLEC shall not use resold local Telecommunications Services to provide
access or lnterconnection services to itself, its Subsidiaries and Affiliates,
lnterexchange Carriers (lXCs), wireless carriers, competitive access
providers (CAPs), or any other Telecommunications providers; provided,
however, that CLEC may permit its subscribers to use resold local exchange
telephone service to access lXCs, wireless carriers, CAPs, or other retail
Telecommunications providers.
CLEC may resell services that are provided at a volume and/or term discount
in accordance with the terms and conditions of the applicable Tariff. Any
volume and/or term discount shall be applied first to the retail price, and the
resale discount shall be applied thereafter. CLEC shall not permit the sharing
of a service by multiple End User(s) or the aggregation of traffic from multiple
End Users' lines or locations onto a single service for any purpose, including
but not limited to the purpose of qualifying for a volume and/or term discount.
Likewise, CLEC shall not aggregate the resold services to individual End
Users at multiple addresses to achieve any volume discount where such may
be available pursuant to Tariff or special promotion.
84.15
CHANGES IN RETAIL SERVICE
85.1 CenturyLink will notify CLEC, at the time a Tariff is filed with the Commission,
of any changes in the prices, terms and conditions under which CenturyLink
offers Telecommunications Services at retail to subscribers who are not
Telecommunications Carriers by posting such changes on CenturyLink's
Website. Such changes may include, but not be limited to, the introduction of
any new features, functions, services, promotions in excess of ninety (90)
Days in duration, or the discontinuance or Grandfathering of current features
and services. Where CLEC has signed up for or subscribed to CenturyLink's
email notification service, CenturyLink also will provide notice to CLEC of
such changes by posting the same to CenturyLink's Website, with email
notification of such postings.
REQUIREMENTS FOR SPECIFIC SERVICES
86.1
85.
86.
86.2
E911/911 Services. CenturyLink will use its standard Service Order process
to update and maintain the CLEC customer service information in the
Automatic Location ldentification/Database Management System (ALI/DMS)
used to support 911 Services on the same schedule that it uses for its own
retail End Users. CenturyLink will provide CLEC End User information to the
PSAP. CLEC shall update its End User's 911 information through the LSR
process. CenturyLink assumes no liability for the accuracy of information
provided by CLEC, and CenturyLink shall not be responsible for any failure of
CLEC to provide accurate End User information for listings in any databases
in which CenturyLink is required to retain and/or maintain such information.
86.1.1 CLEC shall be responsible for collecting from its End Users and
remitting all applicable 911 fees and surcharges, on a per line
basis, to the appropriate Public Safety Answering Point (PSAP)
or other governmental authority responsible for collection of
such fees and surcharges subject to Applicable Law.
Suspension of Service. CLEC may offer to resell End User-lnitiated
Suspension and Restoral Service to its End Users if and to the extent offered
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by CenturyLink to its retail End Users.
86.2.1 CLEC may also provide CenturyLink-lnitiated Suspension
service for its own purposes, where available. CenturyLink shall
make these services available at the retail rate less the resale
discount on the monthly recurring charge only. No discount
shall apply to non-recurring charges. CLEC shall be responsible
for placing valid orders for the suspension and the subsequent
disconnection or restoral of service to each of its End Users.
a. lf CLEC submits a request for a disconnection of an End
User service and subsequently requests reconnection of
the same End User service, the terms for suspension of
service willapply.
Service Order charges and any applicable Tariff fees will
apply to all temporary suspension and restoral requests
made by CLEC including disconnection and subsequent
reconnection requests for the same End User service.
86.2.2 lf CLEC suspends service for one of its End Users and fails to
submit a subsequent disconnection order within the maximum
number of Days permitted for a company-initiated suspension
pursuant to the applicable Tariff or Applicable Law, CLEC shall
be charged and shall be responsible for all appropriate monthly
service charges for the End User's service from the suspension
date through the disconnection date.
lf CLEC restores its End User, restoral charges will apply, and
CLEC will be billed for the appropriate service from the time of
suspension.
86.3 End User Retention of Telephone Number. Telephone numbers may not be
retained after a switch to a new provider if the physical service address of the
End User subsequently changes to one served by a different Rate Center.
PRE.ORDERING AND ORDERING
87.1 CenturyLink will provide pre-ordering and ordering services for resale
services to CLEC consistent with CenturyLink's published Standard
Practices.
87.2 Telephone Number Assignments. Where CLEC resells service to a new (not
currently existing) End User, CenturyLink will allow CLEC to place Service
Orders and receive phone number assignments.
87.2.1
87.
86.2.3
87.2.2
87.2.3
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When CLEC uses numbers from a CenturyLink NXX,
CenturyLink will provide the same range of number choices to
CLEC, including choice of exchange number, as CenturyLink
provides its own subscribers. Reservation and aging of
CenturyLink NXXs will remain CenturyLink's responsibility.
CenturyLink will provide CLEC with the ability to obtain
telephone numbers while a subscriber is on the phone with
CLEC.
ln conjunction with an order for service, and only to the extent
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87.2.4
such are available, CenturyLink will accept CLEC orders for
blocks of numbers for use with complex services including, but
not limited to, DlD, Centrex, and Hunting arrangements, as
requested by CLEC.
Number reservations. Number reservations shall only be made
available to CLEC for the same time period that CenturyLink
offers to its own subscribers pursuant to Tariff or other published
terms. CenturyLink reserves the right to cancel any number
reservation without notice upon the end of the specified time
period.
a. CenturyLink will not accept any number reservations from
CLEC if CenturyLink's own subscribers are not offered the
ability to reserve numbers.
b. For simple services number reservations and aging of
CenturyLink's numbers, CenturyLink will provide real-time
confirmation of the number reservation when the Electronic
lnterface has been implemented. For number reservations
associated with complex services, CenturyLink will provide
confirmation of the number reservation within twenty-four
(24) hours of CLEC's request. Consistent with the mannerin which CenturyLink provides numbers to its own
subscribers, Do telephone number assignment is
guaranteed until service has been installed.
87.3 Maintenance. CenturyLink will provide repair and maintenance services to
CLEC and its End Users for resold services in accordance with the terms set
forth in Article lV of this Agreement, which are the same standards and
charges used for such services provided to CenturyLink End Users.
CenturyLink will not initiate a maintenance call or take action in response to a
'trouble report from a CLEC End User until such time as trouble is reported to
CenturyLink by CLEC. CLEC must provide to CenturyLink all End User
information necessary for the installation, repair and servicing of any facilities
used for resold services as described in the published CenturyLink Standard
Practices.
ACCESS CHARGES
88.1 CenturyLink retains all revenue due from other carriers for access to
CenturyLink's facilities, including both switched and special access charges.
CenturyLink retains all Switched Access Service revenues when providing
Switched Access Services for CLEC's retail End Users served via resale.
When CLEC resells special access to its End Users, CenturyLink is not
entitled to any special access revenues from CLEC's End Users.
RESALE OF CLEG'S TELECOMMUNICATIONS SERVICES
89.1 CLEC also acknowledges that CLEC is required pursuant to 47 U.S.C.
S251(b) to make available its Telecommunications Services to CenturyLink
for resale by CenturyLink.
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ARTICLE VI!I. ADDITIONAL SERVICES
NUMBER PORTABLIW
90.1 Definitions. For purposes of this Section goveming Number Portability, the
following definitions shall apply:
90.1.1 Coordinated Hot Cut (CHC): A combined and simultaneous
effort between local service providers to perform the completion
of a Local Service Request order.
90.1.2 Donor Party: The Party that is receiving the number port
request and is relinquishing the ported number.
90.1.3 Local Routing Number (LRN): A ten (1O)-digit number that is
assigned to the network switching elements for the routing of
calls in the network.
90.1.4 Number Portability (NP): The in-place long-term method of
providing Number Portability (NP) using the LRN method.
90.1.5 Recipient Party: The Party that is initiating the number port
request and is receiving the ported number.
90.1.6 Simple Ports: Those ports meeting the FCC's definition of
"Simple" ports
90.1.7 Ten-Digit Unconditional Trigger Method (TDT): An industry-
defined PNP solution that utilizes the ten-digit Local Routing
Number to provide for an automated process that permits the
work at the Recipient Party's switch to be done autonomously
from the work at the Donor Party's switch resulting in less
downtime to the End User.
Number Portability (NP). Each Party will provide local Number Portability and
obtain End User authorization in accordance with the Act, and applicable
FCC rules, regulations and orders as amended from time to time. CLEC shall
provide NP to CenturyLink under no less favorable terns and conditions as
when CenturyLink provides such services to CLEC. The Act requires
allowing End Users to change local service providers and retain the same
telephone number(s) within the serving Rate Center utilizing the portability
method as defined by the FCC. The Parties recognize that the Act and the
applicable FCC rules, regulations and orders limit porting to carriers having
facilities or numbering resources in the same Rate Center, or to carriers who
have partnered with a wireline carrier for numbering resources where the
partnering carrier has facilities or numbering resources in the same Rate
Center, and do not mandate location portability and the Parties will not submit
orders for such non-mandated types of portability.
90.2
90.3 Testing
90.3.1
90.
lf CLEC has not initiated porting with CenturyLink in a specific
exchange, prior to port order submission, CLEC will conduct
testing with CenturyLink as required by the NANC LNP
Guidelines incorporated by referencein 47 C.F.R. 552.26.
CLEC must be NPAC certified and have met CenturyLink testing90.3.2
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90.3.3
parameters prior to activating LNP. Each Party will bear its own
expenses for testing.
The Parties will cooperate to ensure effective maintenance
testing through activities such as routine testing practices,
network trouble isolation processes and review of operational
elements for translations, routing and network fault isolation.
The Parties shall cooperate in testing performed to ensure
interconnectivity between systems. The Parties shall notify each
other at least sixty (60) Days in advance of any system updates
that may affect the porting operations of CLEC or CenturyLink.
Each Party shall, at each other's request, jointly perform tests to
validate the updated operations.
90.4 A Party requesting a number to be ported must send the other providing
Party a LSR. lf a Party requests that the other Party port a number, the
Parties shall follow the "Local Number Portability Ordering Process"
documented on the CenturyLink Wholesale Website and comply with
applicable FCC rules, regulations and orders.
90.4.1
90.3.4
90.4.2
90.4.3
90.4.4
90.4.5
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End User Non-Payment. CenturyLink will port numbers for
customers whose service has been suspended for non-payment.
However, CenturyLink will not port numbers once the customer's
service has been disconnected.
Neither Party shall be required to provide Number Portability
under this Agreement for excluded numbers defined by FCC
orders or other Applicable Law, as updated from time to time,
including but not limited to: 500 NPAs; 900 NPAs; 950 and 976
NXX number services; and OCS NXXs (i.e., numbers used
internally by either Party for its own business purposes). The
term "Official Communications Service (OCS)' means the
internal telephone numbers used by CenturyLink or CLEC.
lnactive Numbers. CenturyLink will not port numbers not
currently being used by a CenturyLink End User or previously
reserved on an existing CenturyLink End User's account.
LERG Reassignment. Portability for an entire NXX shall be
provided by utilizing reassignment of the NXX to CLEC through
the LERG.
Porting lnterval. Both Parties agree to porting intervals as
mandated by the FCC or as provided in the LNPA WG Best
Practices. ( http://wun#. noac. comll n pa-worki nq-o rou p/ln o-best-practices) The following terms shall also apply:
a. Local Number Portability (LNP) orders may not be
expedited.
b. Mass Calling Events. The Parties will notify each other at
least seven (7) Days in advance where ported numbers
are utilized. Parties will only port Mass Calling numbers
using switch translations and a choke network for call
routing. Porting on Mass Calling numbers will be handled
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90.4.6
90.4.7
90.4.8
90.4.9
90.4.10
90.4.11
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outside the normal porting process and comply with any
applicable federal regulatory requirements or industry
guidelines developed for Mass Calling numbers.
FOC. Both Parties agree to provide a Firm Order Confirmation
(FOC) to the Recipient Party at intervals as mandated by the
FCC or as provided in the LNPA WG Best Practices.
( http ://www. n pac. com/l npa-worki nq-q rou p/l n p-best-practices)
Project Management. For purposes of this Agreement, the
Parties will use a project management approach for the
implementation of LSRs for non-standard requests such as
coordinated cutovers including but not limited to Coordinated
Hot Cuts and after hours cutover requests. The Parties may
mutually agree on using a project management approach for
very large volumes of number ports such as a large business,
hospital or government agency cutover.
a. CLEC bears sole responsibility for any End User issues
associated with porting cutovers when CenturyLink
recommends a project approach and CLEC declines to use
such a process.
Service Order Charge. The Party receiving the LSR will bill the
Service Order charge set forth in Table 1 for each LSR received.
The Party will bill the Service Order charge for a LSR,
regardless of whether that LSR is later supplemented, clarified
or cancelled. The receiving Party will also bill an additional
Service Order charge for supplements to any LSR submitted to
clarify, correct, change or cancel a previously submitted LSR.
When CenturyLink receives an un-queried call from CLEC to a
telephone number that has been ported to another local services
provider, the Transit rate and the LNP query charges found in
Table 1 willapply.
IXC Revenue. When an IXC terminates an lnterLATA or
lntraLATA tol! call to either Party's local exchange customer
whose telephone number has been ported from one Party to the
other, the Parties agree that the Party to whom the number has
been ported shall be entitled to revenue from the IXC for those
access elements it actually provides including, but not limited to
End Office Switching, local transport, RlC, and CCL. The Party
from whom the number has been ported shall be entitled to
receive revenue from the IXC for those access elements it
actually provides including, but not limited to any entrance
facility fees, access Tandem fees and appropriate local transport
charges.
When a ported telephone number becomes vacant, e.9., the
telephone number is no longer in service by the original End
User, the ported telephone number will snap-back to the LERG-
assigned thousands block holder or the NXX code holder if
pooling is being utilized in the Rate Center.
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90.4.12 Each Party shall become responsible for the End User's other
ancillary services, €.g., E911, Directory Listings, Operator
Services, Line lnformation Database (LIDB), when the port of
the End User's telephone number to its switch is completed.
90.5 Cut-Over Process for Number Porting Orders
90.5.1 Ten-Digit Unconditional Trigger Method (TDT) Cut-Over
a. Where Technically Feasible, both Parties will use PNP-
LRN cut-overs, which rely upon the TDT for porting
numbers. CenturyLink will update its Website to identify
the circumstances of which it is aware where use of TDT is
not Technically Feasible.
b. Setting of ten digit triggers or an alternative must be used
as shown in the FCC mandated NANC LNP Process Flowsat http://www.npac.com/lnpa-workinq-qrouo/nanc-lnp-
plocess-flows (See Flows 9 and 10).
Coordinated Hot Cuts (CHC)
a. Where the Parties agree or are required to implement a
CHC to effectuate a service cut-over, the Parties shall
follow the process and procedures for such CHCs set forth
in the CenturyLink Standard Practices.
b. Pricing for Number Portability CHCs
1. When a Recipient Party orders CHC service, the
Donor Party shall charge, and the Recipient Party
shall pay, the applicable Charges set forth in Table
1.
2. Coordination of Service Order work outside normal
business hours shall be at requesting Party's
expense. Premium and overtime rates willapply as
applicable for Service Order work performed
outside normal business hours, weekends, and
holidays.
3. For calculating "time" and/or "additional time" labor
charges, the time shall begin when the Donor Party
receives the call from Recipient Party and ends
when the Parties disconnect from the call.
90.5.2
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS.OF.WAY
91.1 Via Tariff or Separate Agreement. To the extent required by the Act,
including the requirement that a requesting Telecommunications Carrier be a
provider of Telecommunications Services, CenturyLink and CLEC shall each
afford to the other access to the poles, ducts, conduits and rights-of-way
(ROWs) that it owns or controls on terms, conditions and prices comparable
to those offered to any other entity pursuant to each Party's Tariffs and/or in a
separate written agreement and in accordance with Applicable Law and
regulations. Accordingly, if CenturyLink or CLEC desires access to the other
Party's poles, ducts, conduits or ROWs, the Party seeking access shall make
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such a request in writing, and the Parties shall negotiate the terms and
conditions for such access in accordance with Applicable Law. Such terms
and conditions shall be contained in separate, stand-alone agreement.
91.2 Pole Attachment & Conduit Occupancy Agreements. CLEC agrees that pole
attachment and conduit occupancy agreements must be executed separately
before it makes any pole attachments to CenturyLink's facilities or uses
CenturyLink's conduit. Unauthorized pole attachments or unauthorized use
of conduit will constitute a material breach of this Agreement.
BASIC 911 AND E911 SERVICE
92.1 E911 Universal Emergency Number Service is provided by CenturyLink to
CLEC serving End Users in a geographic area where CenturyLink is the 911
Service Provider.
CenturyLink's Responsibilities: When CenturyLink is designated by the
PSAP as the primary 911 Service Provider in a geographic area in which
CLEC furnishes local Telephone Exchange Service, CenturyLink shall have
the obligations in this Section.
92.2.1 Call Routing
a. CenturyLink will switch 911 calls through the
Selective Router to the designated primary PSAP
or to designated alternate locations, according to
routing criteria specified by the PSAP.
b. CenturyLink will forward the calling party number
(ANl) it receives from CLEC and the associated
911 Automatic Location ldentification (ALl) to the
PSAP for display. lf no ANI is forwarded by CLEC,
CenturyLink will route the call to the "Default" ESN
assigned to CLEC's 911 Trunk group and will
fonrvard an identification code for display at the
designated "Default" PSAP associated with the
"Default" ESN. lf the ANI is forwarded by CLEC but
no ALI record is found in the 91'1 DBMS,
CenturyLink will report this "No Record Found"
condition to CLEC in accordance with NENA
standards.
92.2.2 Facilities and Trunking
a. CenturyLink will provide transport facilities to
interconnect CLEC to CenturyLink's SR, at
standard CenturyLink rates found in Table 1 or, if
ordered as switched or special access, then at the
rates found in the appropriate access tariff.
Additionally, when diverse facilities are requested
by CLEC, CenturyLink will provide such diversity
where Technically Feasible and facilities are
available at rates found in Table 1 or, if ordered as
switched or special access, then at the rates found
in the appropriate access tariff.
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92.2.3 Database
a.
f.
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Upon written request by CLEC, CenturyLink shall,
in a timely fashion and at no charge, provide CLEC
with a description of the geographic area (or Rate
Centers) and PSAPs served by the 911 Selective
Router(s) based upon the standards set forth in the
May 1997 NENA Recommended Standards for
Local Service Provider lnterconnection lnformation
Sharing, or any subsequent revision(s) thereto.
Where CenturyLink manages the ALI Database,
CenturyLink shall store CLEC's End User 911
records.
Where CenturyLink is the ALI Database provider,
CenturyLink shall coordinate access to the
CenturyLink DBMS for the initial loading and
updating of CLEC's End User 911 records. For
such purposes, CenturyLink will provide CLEC with
access to WebDBMS, which is a customer interface
to the DBMS which restricts CLEC access to CLEC
End User records only, and is used for viewing and
coordinating electronic file processing of such End
User records. CenturyLink shall provide CLEC with
a password to the WebDBMS, and CLEC shall be
responsible for maintaining confidentiality and use
of such password.
CenturyLink ALI Database shall accept
electronically transmitted files that are based upon
NENA standards. Manual entry shall only be
allowed in the event the DBMS is not functioning, or
if CenturyLink has specifically agreed pursuant to
separate written terms setting forth such
arrangements, including compensation at the rates
found in Table 1.
CenturyLink will provide an error and status report
for CLEC's End User records received from CLEC.
This report will be provided in a timely fashion in
accordance with the methods and procedures to be
provided to CLEC.
Where CenturyLink manages the ALI Database,
CenturyLink shall provide CLEC with one electronic
file containing the MSAG annually for each county
in the State for which this Agreement is applicable,
in which CenturyLink is the 911 Service Provider,
and in which CLEC exchanges Local Traffic with
CenturyLink. Additional copies of the MSAG file
are available at the rate set forth in Table 1.
Where CenturyLink manages the ALI Database,
b.
b.
c.
d.
e.
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CenturyLink shall establish a process for the
management of NPA splits by populating the ALI
Database with the appropriate NPA codes.
92.3 CLEC's Responsibilities. Where CenturyLink is the 911 Service Provider,
CLEC shall have the obligations in this Section.
92.3.1 Call Routing
a.CLEC will transport 911 calls to the applicable
CenturyLink Selective Router.
Where supported by CenturyLink and where
Technically Feasible, CLEC may implement 911
Service using a Dynamic 911 solution
CLEC will forward the ANI information of the party
calling 911 to the applicable CenturyLink Selective
Router.
92.3.2 Facilities and Trunking
CLEC or its agent shall order and maintain a
minimum of one 911 dedicated DS1 facility for each
SR with a minimum of two one-way outgoing DSO
trunks dedicated for originating 911 calls to reach
each applicable PSAP served by such SR. CLEC
or its agent will provision these transport facilities in
accordance with applicable NENA standards.
CLEC or its agent shall order such transport
facilities from CenturyLink at the rates found in
Table 1. CenturyLink's access services are
available as an alternative, and when CLEC or its
agent chooses to order switched or special access
facilities, the appropriate CenturyLink access tariff
rates apply instead of the rates found in Table 1.
CLEC or its agent shall engineer its 911 Trunks to
attain a minimum of P.01 grade of service as
measured using the "busy day/busy hour criteria or,
at such higher grade of service as required by
Applicable Law or duly authorized governmental
authority.
CLEC acknowledges that End Users in a single
Local Calling Area may be served by different SRs,
and that CLEC or its agent shall be responsible for
providing sufficient transport facilities and trunking
to route 911 calls from its End Users to each of the
proper 91'1 SRs.
CLEC or its agent is responsible for providing a
separate 911 Trunk group for each county or other
geographic area that CLEC serves if the PSAP for
such county or geographic area has a specified
varying default routing condition. lf CLEC or its
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c.
a.
b.
c.
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92.3.4
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agent uses MF signaling, it must transmit 911 traffic
over a separate 911 Trunk group for each NPA
(area code)served by affected PSAPS.
d. Where diverse routing to CenturyLink SRs is
desired by CLEC or required by the applicable
PSAP or as otherwise necessary for the proper
routing of 9'11 calls to the appropriate PSAP, then
CLEC is responsible for ordering such transport
facilities at CLEC's expense. These diverse
transport facilities to interconnect the CLEC to
CenturyLink's SR will be ordered at rates found in
Table 1 or, if ordered as switched or special
access, then at the rates found in the appropriate
access tariff.
e. CLEC is responsible for determining and
maintaining the proper quantity of 911 dedicated
one-way outgoing trunks and facilities from its
switch(es) to the CenturyLink SR.
f. CLEC or its agent shall monitor its 911 Trunks for
the purpose of determining originating network
traffic volumes. lf CLEC's traffic study indicates
that additional trunks are needed to meet the
current level of 911 call volumes, CLEC shall order
additional dedicated 911 facilities from CenturyLink
at the rates set forth in Table 1 or require its agent
to order such facilities.
g. CLEC agrees that it will not pass live 911 traffic
until successfu! testing is completed by both
Parties.
Selective Router Port Charges/Terminations for Connecting
Companies
a. When the CLEC is provisioning the 911 Trunks, the
CLEC will be charged a monthly recurring and one-
time Selective Router port charge per trunk to
establish the connection to each applicable SR that
provides connectivity for incoming 911 Trunks to
enable CLEC access to the Emergency Services
network.
Database
a. Once 911 Trunks have been established and tested
between CLEC and appropriate SRs, CLEC or its
agent shall be responsible for providing CLEC's
End User records to CenturyLink for inclusion in
CenturyLink's ALI Database.
b. CLEC shall assign a 911 database coordinator
charged with the responsibility of forwarding CLEC
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92.3.5
f.
Other
a.
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End User ALI record information to CenturyLink.
CLEC shall provide initial and ongoing updates of
CLEC's 911 records that are MSAG-valid in
electronic format based upon established NENA
standards. CLEC shall provide information on new
subscribers to CenturyLink within one (1) Business
Day of the order completion. CenturyLink shall
update the database within two (2) Business Days
of receiving the data from CLEC. lf CenturyLink
detects an eror in the CLEC provided data, the
data shall be returned to the Company lD owner
within two (2) Business Days from when it was
provided to CenturyLink. CLEC shall respond to
requests from CenturyLink to make corrections to
database record errors by uploading corrected
records within two (2) Business Days. Manual
entry shall be allowed only in the event that the
system is not functioning properly or if CenturyLink
has specifically agreed pursuant to separate written
terms setting forth such arrangements, including
compensation at the rates found in Table 1.
CLEC assumes all responsibility for the accuracy of
the data that CLEC or their agent provides to
CenturyLink.
CLEC shall adopt use of a Company lD on all
CLEC 911 records in accordance with NENA
standards. The Company lD is used to identify the
carrier of record in facility configurations.
CLEC shall be solely responsible for providing test
records and conducting call-through testing on all
new exchanges.
CLEC shall obtain its own pANls for each PSAP to
which CenturyLink provides or shall provide
coverage, and shall supply these pANls to
CenturyLink for the Selective Routers servicing
each such PSAP. lf warranted by traffic volume
growth, or if upon request by a PSAP or other
governmental or quasi-governmental entity, CLEC
shall promptly obtain the appropriate number of
additional pANls to be allocated to each PSAP as
may be appropriate under the circumstances.
CLEC is responsible for collecting from its retail
End Users any applicable 911 surcharges required
by law to be assessed and remit such surcharges
to the appropriate entity or entities specified by
Applicable Law.
e.
b.
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For all 911/E911 traffic originating from Carrier, it is
the responsibility of Carrier to negotiate the mannerin which 911/E911 traffic from Canier will be
processed with the appropriate state or local PSAP
agency and/or the primary 911 service provider that
has been designated by the PSAP.
c.
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92.4 Responsibilities of Both Parties
92.4.1
92.4.2
92.4.3
92.4.4
92.5 CenturyLink 911 Transit Service
92.5.1
92.5.2
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The Parties shall jointly coordinate the provisioning of transport
capacity sufficient to route originating 911 calls from CLEC to
the designated CenturyLink 911 Selective Route(s).
Where SS7 connectivity is available and required by the
applicable PSAP, the Parties agree to implement CCS trunking
rather than CAMA MF trunking.
CenturyLink and CLEC will cooperate to promptly test all trunks
and facilities between CLEC's switch and the CenturyLink SR(s)
in accordance with industry standards.
CLEC is responsible for the isolation, coordination and
restoration of all 911 network maintenance problems on its
network (including any facilities not from CenturyLink).
CenturyLink will be responsible for the isolation, coordination
and restoration of all 91'1 network maintenance problems on its
network. CLEC is responsible for advising CenturyLink of the 2-
6 code (TSC) and the fact that the trunk group is a 911 Trunk
group when notifying CenturyLink of a failure or outage. The
Parties agree to work cooperatively and expeditiously to resolve
any 911 outage. CenturyLink will refer network trouble to CLEC
if no defect is found in CenturyLink's 911 network. The Parties
agree that 911 network problem resolution will be managed
expeditiously at all times.
When CenturyLink is not the Primary 911 Service Provider,
CenturyLink may provide a 911 Transit Service to transport
CLEC's 911 calls to the primary 911 Service Provider
designated by the applicable PSAP(s). This section becomes
applicable when CLEC utilizes 911 Transit Service from
CenturyLink. Such 911 Transit Service is subject to the rates
set forth in Table 1, which 911 transit charges shall be in
addition to any applicable charges for 911 Service provided to
CLEC.
Where CLEC utilizes CenturyLink's 911 Transit Service:
a. CLEC holds CenturyLink harmless from and
against any liability to CLEC or its End Users
arising from any failure by PSAP(s) or their
designated agent(s) to properly route, receive or
respond to 911 calls.
b. CLEC will take appropriate steps to notify all
PSAP(s) within CLEC's service territory with
accurate contact information, including a name and
telephone number that can be used by the PSAP(s)to reach CLEC in the event of 911 network
problems or an emergency requiring availability of a
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contact. CenturyLink shall have no liability to CLEC
arising out of any failure by the CLEC to provide
PSAP(s) with appropriate contact information, and
to update such information as needed. CenturyLink
shall be entitled to immediately terminate 911
Transit Service to the CLEC if CenturyLink is
advised by any applicable PSAP(s) that CLEC has
not provided the PSAP(s) with appropriate contact
information.
c. CLEC indemnifies CenturyLink from and against
fees or charges, if any, that a third party might seek
to assess for transporting CLEC's 911 calls beyond
the Point Of lnterconnection estabtished between
CenturyLink and the PSAP(s) designated agent or
the primary 911 Service Provider.
92.6 Methods and Practices
92.6.1 Each Party will comply with all of the following to the extent that
they apply to 911 Service: (i) all FCC and applicable state
Commission rules and regulations, (ii) any requirements
imposed by any Governmental Authority other than a
Commission.
CLEC will identify geographic territory CLEC will provide service
in its trunk forecast submitted to CenturyLink. CLEC will be
informed of the applicable SR(s) and configuration required by
CenturyLink as part of the pre-ordering process.
CLEC is responsible for contacting appropriate PSAP(s) or state
entity(ies) that have jurisdiction in the geographic area(s) in
which CLEC is implementing service, and to provide required
information to such PSAP(s) or government entities as required
by such PSAP(s) or govemment entities prior to initiating the
pre-ordering process for 911 Service provided by CenturyLink.
92.7
92.8 Basis of Compensation
Ordering
92.7.1
92.7.2
92.8.1
92.8.2
92.8.3
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Compensation to CenturyLink for provision of 911 Service will be
in accordance with the charges set forth in Table 1.
Charges will begin on the date of connection to 911 Service.
ln satisfaction of CLEC orders or requests related to 911
Service, CenturyLink may be required to make expenditures or
otherwise incur costs that are not otherwise listed in this Section.
ln such event CenturyLink is entitled to reimbursement from
CLEC for all such costs provided that CenturyLink first notifies
CLEC of the costs and obtains CLEC's concurrence to proceed
with fulfilling the order or request. For all such costs and
expenses CenturyLink shall receive through individual case
basis (lCBs) non-recurring charges (NRCs) the actual costs and
expenses incurred, including labor costs and expenses,
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overhead and fixed charges, and may include a reasonable
contribution to CenturyLink's common costs.
92.9 Liability
92.9.1 911 Service is provided by CenturyLink subject to limitation of
liability under Applicable Law and the following subsections.
92.9.2 CenturyLink's entire liability to CLEC or any person for
interruption or failure of any aspect of 911 Service shall be
limited by the terms set forth in this Section, and in any sections
of other Articles which apply to the provision of services by
CenturyLink. 911 Service is offered solely to assist CLEC in
providing 911 Service to its End Users in conjunction with
applicable fire, police, and other public safety agencies. By
providing 911 Service to CLEC, CenturyLink does not create any
relationship or obligation, direct or indirect, to any third party
other than CLEC. CenturyLink shall not be liable for any
mistakes, omissions, interruptions, delays, errors or defects in
transmission or service caused or contributed to by acts or
omissions of any person other than CenturyLink, or arising from
the use of CLEC provided facilities or equipment.
92.9.3 CenturyLink shall not be liable for damages, whether in contract,
tort, or otherwise, caused by an act or omission of CenturyLink
in the good faith release of information not in the public record,
including nonpublished or nonlisted subscriber information to
PSAPs or other agencies responding to calls using such
information to provide a 911 Service.
92.9.4 lt is the obligation of CLEC to properly route all 911 calls from
CLEC's End Users. CenturyLink shall not have any
responsibility for 911 calls that carry foreign dial tone, whether
they originate within or outside of CLEC's service area.
DIRECTORY ASSISTANCE
93.1 The Parties acknowledge that CenturyLink is not a Directory Assistance (DA)
provider. CenturyLink provides directory listings information for its subscribers
to third party DA providers to be included in the national and local databases
used by such third party providers. The Parties agree that to the extent the
DA provider contracted by CLEC for DA services to CLEC's subscribers also
populates the national DA database, then CLEC's DA listings have been
made available to CenturyLink's subscribers and no further effort is needed
by either Party. lf for any reason, CLEC desires that CenturyLink act as a
middleman conduit for the placement of CLEC's DA listings in the DA
database(s), then CenturyLink shall provide such compensable DA listings
service pursuant to separate written terms and conditions between
CenturyLink and CLEC which will be attached to this Agreement as an
Amendment.
DIRECTORY LISTINGS SERVICE
94.1 These requirements pertain to CenturyLink's Listings Service Request
process that enables CLEC to (a) submit CLEC End User information for
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93.
94.
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94.2
94.3
94.4
94.5
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inclusion in Directory Listings databases; and (b) submit CLEC End User
information for inclusion in published directories.
When implemented by the Parties, CenturyLink shall accept orders on a real-
time basis via Electronic lnterface in accordance with OBF Directory Service
Request standards within three (3) months of the effective date of this
Agreement. ln the interim, CenturyLink shall create a standard format and
order process by which CLEC can place an order with a single point of
contact within CenturyLink.
CenturyLink will provide to CLEC the following Directory Listing Migration
Options:
94.3.1 Migrate "As ls." Retain all white page listings for the End User in
both DA and DL. Transfer ownership and billing for white page
listings to CLEC.
94.3.2 Migrate with Changes. lncorporate the specified changes
(e.9., additional listings order, deletions, or other changes to
existing listing information). Transfer ownership and billing for
the white page listings to CLEC.
94.3.3 CenturyLink shall update and maintain directory listings
information to reflect which of the following categories CLEC
subscribers fall into:
a. LISTED means the listing information is available for all
directory requirements;
b. NON-LISTED means the listing information is available for
all directory requirements, but the information does not
appear in the published street directory;
c. NON-PUBLISHED means that a directory service may
confirm, by name and address, the presence of a listing,
but the telephone number is not available. The listing
information is not available in either the published directory
or directory assistance.
Based on changes submitted by CLEC, CenturyLink shall update and
maintain directory listings data for CLEC End Users who:
94.4.1 Disconnect Service;
94.4.2 Change Local Provider;
94.4.3 lnstallService;
94.4.4 Change any service which affects DA information;
94.4.5 Specify Non-Solicitation;and
94.4.6 Change categories from Non-Published, Non-Listed, or Listed.
The charge for storage and maintenance of CLEC End User information in
the DL system is included in the rates where CLEC is buying UNE Loops or
resold services with respect to specific addresses. lf CLEC does not
purchase UNE Loops or resold services, CLEC shall pay for such storage
and maintenance services at the rate reflected on Table 1.
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94.6
94.7
94.8
94.9
94.9.'1
94.9.2
94.9.3
94.9.4
94.9.5
94.9.6
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CLEC acknowledges that certain directory functions are not performed by
CenturyLink but rather are performed by and are under the control of the
directory publisher, and CenturyLink shall not have any liability to CLEC for
any acts or omissions of the publisher.
CLEC acknowledges that for a CLEC End User's name to appear in a
directory, CLEC must either (i) submit an LSR (e.9. an LNP order) or a
Directory Service Request (DSR) reflecting a request for directory listing, or
(ii) contract directly with the publisher. lf CLEC wants to delete an End User
listing from CenturyLink's database (e.9. if CLEC contracts directly with the
publisher), CLEC must submit an appropriate LSR (such as an LNP order) or
a DSR. All orders will be subject to applicable charges reflected on Table 1.
CLEC shall provide directory listings to CenturyLink pursuant to the directory
listing and delivery requirements in the data format currently used by
CenturyLink, at a mutually agreed upon timeframe. Other formats and
requirements shall not be used unless mutually agreed to by the Parties.
Traditional White Pages Listings.
CenturyLink shall include in its master End User system
database allwhite pages listing information for CLEC End Users
whose information was properly submitted a DSR.
When CLEC purchases UNE Loops or resold services at a
specific address, one basic White pages listing for each CLEC
End User is included in the rates or the Resale discount in Table
1. lf CLEC requests a listing for an address where CLEC is not
buying UNE Loops or resold services, CLEC shall pay for all
requested listings for such address at the rate reflected on Table
1. A basic White Pages listing is defined as a customer name,
address and one primary telephone number.
CLEC agrees to provide customer listing information for CLEC's
subscribers to CenturyLink, at no charge. CenturyLink will
provide CLEC with the appropriate format for provision of CLEC
customer listing information to CenturyLink. The Parties agree
to adopt a mutually acceptable electronic format for the provision
of such information as soon as practicable.
CLEC will be charged a Service Order entry fee upon
submission of Service Orders into CenturyLink's Service Order
Entry (SOE) System. Service Order entry fees apply when
Service Orders containing directory records are entered into
CenturyLink's SOE System initially, and when Service Orders
are entered in order to process a requested change to directory
records.
CLEC End User listing information will be used solely for the
provision of directory services, including the sale of directory
advertising to CLEC End Users.
ln addition to a basic White Pages listing, CenturyLink will
provide Tariffed White Pages listings (e.9., additional, alternate,
foreign and non-published listings) for CLEC to offer for resale to
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94.9.7
94.9.8
94.10 Other Directory Services.
94.10.1
94.10.2
94.10.3
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CLEC's End Users.
CenturyLink will accord CLEC End User listing information the
same level of confidentiality that CenturyLink accords its own
proprietary customer listing information. CenturyLink shall
ensure that access to CLEC End User proprietary listing
information will be limited solely to those of CenturyLink and
CenturyLink's directory publisher's employees, agents and
contractors that are directly involved in the preparation of
listings, the production and distribution of directories, and the
sale of directory advertising. CenturyLink will advise its own
employees, agents and contractors and its directory publisher of
the existence of this confidentiality obligation and will take
appropriate measures to ensure their compliance with this
obligation.
CenturyLink will provide CLEC's End User listing information to
any third party to the extent required by Applicable Rules.
Both parties acknowledge that CenturyLink's directory publisher
is not a party to this Agreement and that the provisions
contained in this Agreement are not binding upon CenturyLink's
directory publisher.
CenturyLink agrees to include critical contact information
pertaining to CLEC in the lnformation Pages of those of its White
Pages directories containing information pages, if CLEC meets
criteria established by its directory publisher. Critical contact
information includes CLEC's business office number, repair
number, billing information number, and any other information
required to comply with applicable regulations, but not
advertising or purely promotional material. CLEC will not be
charged for inclusion of its critical contact information. The
format, content and appearance of CLEC's critical contact
information must conform to applicable directory publisher's
guidelines and will be consistent with the format, content and
appearance of critical contact information pertaining to all
CLECs in a directory.
The directory publisher shall maintain full authority as publisher
over its publishing policies, standards and practices, including
decisions regarding directory coverage area, directory issue
period, compilation, headings, covers, design, content or format
of directories, and directory advertising sales.
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ARTIGLE IX. COLLOCATION
SCOPE OF COLLOCATION TERMS
95.1
95.2
95.3
96.3
96.4
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95.
96.
CenturyLink will provide Collocation to CLEC in accordance with this
Agreement for the purposes of !nterconnection to CenturyLink pursuant to the
Act (including 47 U.S.C. $251(c)(2)) and for obtaining access to
CenturyLink's UNEs pursuant to the Act (including 47 U.S.C. S251(c)(3)).
Collocation shall be provided on a nondiscriminatory basis, on a "first-come,
first-served" basis, and otherwise in accordance with the requirements of the
Act (including 47 U.S.C. S251(c)(6)).
Prices and fees for Collocation and other services under this Agreement are
contained in Table 2.
This Agreement states the general terms and conditions upon which
CenturyLink wil! grant to CLEC the non-exclusive right to gain access to and
occupy the Collocation space, and other associated facilities as may be
necessary, for the sole and exclusive purpose of providing
Telecommunications Service upon submission of an approved and
provisioned Application for Collocation service. Such service will be provided
by installing, maintaining and operating CLEC's equipment, which will
interconnect with Telecommunications Services and facilities provided by
CenturyLink or others in accordance with this Agreement.
TERMINATION OF COLLOCATION SPACE
96.1 CLEC may terminate occupancy in a particular Collocation space upon thirty
(30) Days prior written notice to CenturyLink. Upon termination of such
occupancy, CLEC at its expense shall remove its equipment and other
property from the Collocation space. CLEC shall have thirty (30) Days from
the termination date to complete such removal, including the removal of all
equipment and facilities of CLEC's Guests; provided, however, that CLEC
shall continue payment of monthly fees to CenturyLink until such date as
CLEC has fully vacated the Collocation space. CLEC will surrender the
Collocation space to CenturyLink in the same condition as when first
occupied by CLEC, except for ordinary wear and tear.
CLEC shall be responsible for the cost of removing any enclosure, together
with all supporting structures (e.9., racking, conduits), of an Adjacent
Collocation arrangement at the termination of occupancy and restoring the
grounds to their original condition.
Upon termination of CLEC's right to possession of a Collocation space, CLEC
shall surrender possession and vacate the Collocation space within thirty (30)
Days. Failure to surrender the Collocation space within thirty (30) Days shall
be considered abandonment and CenturyLink will have the right to remove
the equipment and other property of CLEC or the CLEC's Guest at CLEC's
expense and with no liability for damage or injury to CLEC's property.
Should CenturyLink under any Section of this Agreement remove any of
CLEC's equipment from its Collocation space, CenturyLink will deliver to
CLEC any equipment removed by CenturyLink only upon payment by CLEC
of the cost of removal, storage and delivery, and all other amounts due
96.2
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96.5
96.6
96.7
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97.
CenturyLink under this Agreement. Should CLEC fail to remove any of its
equipment deemed abandoned, title thereto shall pass to CenturyLink under
this Agreement as if by a Bill of Sale. Nothing herein shall limit CenturyLink
from pursuing, at its option, any other remedy in law, equity, or otherwise
related to CLEC's occupancy in the Collocation space, including any other
remedy provided in this Agreement.
GLEC shall surrender all keys, access cards and CenturyLink-provided photo
ldentification cards to the Collocation space and the Building to CenturyLink,
and shall make known to CenturyLink the combination of all combination
locks remaining on the Collocation space.
lf it becomes necessary in CenturyLink's reasonable judgment, and there are
no other reasonable alternatives available, CenturyLink shall have the right,
for good cause shown, and upon thirty (30) Days prior notice, to reclaim the
Collocation space or any portion thereof, any lnner Duct, Outside Cable Duct,
Cable Vault space or other CenturyLink-provided facility in order to fulfill its
common carrier obligations, any order or rule of the State Commission or the
FCC, or CenturyLink's Tariffs to provide Telecommunications Services to its
End User customers. ln such cases, CenturyLink will reimburse CLEC for
reasonable direct costs and expenses in connection with such reclamation.
lf it becomes necessary in CenturyLink's reasonable judgment, and there are
no other reasonable alternatives, CenturyLink shall have the right to require
CLEC to move to equivalent space in the Premises upon receipt of sixty (60)
Days written notice from CenturyLink, in which event, CenturyLink shall pay
all moving costs, and the contractual monthly fees paid by CLEC for the
affected Collocation shall remain the same.
COLLOCATION OPTIONS
97.1 CenturyLink will offer Collocation space to allow CLEC to collocate its
equipment and facilities, and without requiring the construction of a cage or
similar structure. CenturyLink shall make cageless Collocation available in
single bay increments. For equipment requiring special technical
considerations, CLEC must provide the equipment layout, including spatial
dimensions for such equipment pursuant to generic requirements contained
in Telcordia GR-63-Core and shall be responsible for constructing all special
technical requirements associated with such equipment pursuant to this
Agreement.
Where space permits, CenturyLink will authorize the enclosure of CLEC's
equipment and facilities at CLEC's option. CenturyLink will provide
guidelines and specifications upon request. Based on CLEC's request,
space and cage enclosures in amounts as small as that sufficient to house
and maintain a single rack or bay or equipment will be made available. At
CLEC's option, CenturyLink will permit CLEC to arrange with a third party
vendor to construct a Collocation Arrangement enclosure at CLEC's sole
expense. CLEC's third party vendor will be responsible for filing and
receiving any and all necessary permits and/or licenses for such construction.
The third party vendor shall bill CLEC directly for all work performed for CLEC
and CenturyLink will have no liability for nor responsibility to pay such
charges imposed by the third party vendor. CLEC must provide the local
CenturyLink Building contact with one access key used to enter the locked
97.2
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enclosure. Except in case of emergency, CenturyLink will not access CLEC's
locked enclosure prior to notifying CLEC and obtaining authorization.
97.2.1 CenturyLink has the right to review CLEC's plans and
specifications prior to allowing construction to start. CenturyLink
will complete its review within fifteen (15) Days of receipt of such
plans. CenturyLink has the right to inspect the enclosure after
construction to make sure it is constructed according to the
submitted plans and specifications. CenturyLink can require
CLEC to remove or correct, at its cost, any structure that does
not meet these plans.
97.3 CLEC may allow other Telecommunications Carriers to share its caged
Collocation arrangement pursuant to terms and conditions agreed to by
CLEC (Host) and other Telecommunications Carriers (Guests). CLEC will
notify CenturyLink in writing upon execution of any agreement between the
Host and its Guest within twelve (12) Days of its execution. Further, such
notice shall include the name of the Guest(s) and their term of agreement,
and shall contain a certification by CLEC that said agreement imposes upon
the Guest(s) the same terms and conditions (excluding rates) for Collocation
space as set forth in this Agreement.
97.3.1
97.3.3
97.4
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97.3.2
As Host, CLEC will be the sole interface and responsible party to
CenturyLink for the purpose of submitting applications for initial
and additional equipment placements of Guest (to the extent
required under other Sections of this Agreement); for
assessment and payment of rates and charges applicable to the
Collocations space; and for the purposes of ensuring that the
safety and security requirements of this Agreement are fully
complied with by the Guest, its employees and agents. ln
making shared cage arrangements, CenturyLink will not
increase the cost of site preparation or nonrecurring charges
above the cost of provisioning a similar caged arrangement to a
CLEC.
CenturyLink wil! not place unreasonable restrictions on CLEC's
use of a cage, and as such will allow CLEC to contract with
other CLECs to share the cage in a sublease type arrangement.
lf two (2) or more CLECs that have lnterconnection agreements
with CenturyLink utilize a shared Collocation cage, CenturyLink
will permit each CLEC to order UNEs and provision service from
the shared Collocation space, regardless of which CLEC was
the original collocator.
lf Host terminates a Collocation Arrangement, Host will provide
Guest thirty (30) Days notice. Guest will assume all obligations
and rights of Host as to that Collocation Arrangement if Guest
remains in the Collocation space, including payment of all
charges.
CenturyLink will provide adjacent Collocation arrangements (Adjacent
Arrangement) where space within the Premises is legitimately exhausted,
subject to technical feasibility. Both Parties will mutually agree on the
location of the designated space on the CenturyLink property where the
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97.4.3
97.4.4
97.5
97.6
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adjacent structure (such as a controlled environment vault or similar
structure) will be placed. lf a mutual agreement cannot be reached,
CenturyLink will decide the location, subject to zoning or other State and local
regulations and future use by CenturyLink or other requesting
Telecommunications Carriers pursuant to an application submitted under
Section 99.
97.4.1 CLEC will provide a concrete pad, the structure housing the
arrangement, HVAC, lighting, and all facilities that connect the
structure (i.e., racking, conduits, etc.) to the CenturyLink Point of
lnterconnection. Should CLEC elect such an option, CLEC must
arrange with a third party vendor to construct an Adjacent
Arrangement structure in accordance with this Agreement.
CenturyLink maintains the right to review CLEC's plans and
specifications prior to construction of an Adjacent
Arrangement(s). CenturyLink will complete its review within
thirty (30) Days of site selection and receipt of plans, except
that such time period may be extended if any delay is due to the
actions of CLEC. CenturyLink may inspect the Adjacent
Arrangement(s) following construction and prior to
commencement to ensure the design and construction comply
with submitted plans. CenturyLink may require CLEC to correct
any deviations from approved plans found during such
inspection(s).
CenturyLink will only permit DC power to be used for collocated
equipment. and CLEC shall obtain such power for its collocated
equipment from CenturyLink. CLEC agrees to convert any
existing self-provided power equipment to CenturyLink-provided
power within a reasonable timeframe, not to exceed six months,
after the execution of this Agreement. CenturyLink will provide
110v AC power for occasional technician courtesy use, as
requested, subject to it being Technically Feasible.
Subject to CLEC being on the waiting list, in the event that
space in a CenturyLink Premises becomes available,
CenturyLink will provide the option to CLEC to relocate its
equipment from an Adjacent Facility into the CenturyLink
Premises. ln the event CLEC chooses to relocate its equipment,
appropriate charges will apply, including charges to vacate the
adjacent Collocation arrangement and charges applicable for
Collocation within the CenturyLink Premises.
97.4.2
To the extent possible, CenturyLink will provide CLEC with contiguous space
for any subsequent request for Physical Collocation space, but makes no
assurances that contiguous space will be available.
CenturyLink will provide Virtual Collocation in accordance with Applicable
Law.
97.6.1 CLEC must purchase the electronic and peripheral equipment
that meets applicable FCC requirements, and in consideration of
$1 and the other benefits derived by CLEC from such Virtual
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97.6.2
Collocation arrangement, CLEC will lease such equipment to
CenturyLink for the sole purpose of having CenturyLink install
and maintain the equipment in accordance with terms and
conditions of this Agreement. Upon termination of the Virtual
Collocation arrangement, CLEC is responsible for the cost of
removing the equipment from the Premises.
CenturyLink does not assume any responsibility for the design,
engineering, testing or performance for the end-to-end
connection of CLEC's equipment, arrangement or facilities.
CenturyLink will install, maintain, and repair CLEC's equipment
needed for the Virtual Collocation within the same time periods
and with failure rates that are no greater than those that apply to
the performance of similar functions for comparable equipment
of CenturyLink, CenturyLink's Affiliates or third parties. Rates
for these services will be developed during the application
process and must be accepted by CLEC prior to CenturyLink's
commencement of work. The following services are not covered
by this Agreement:
services to resolve software or hardware problems
resulting from products provided by parties other than
CenturyLink or causes beyond the control of CenturyLink;
service of attached, related, collateral or ancillary
equipment or software not covered by this Section;
c. repairing damage caused to CLEC's Virtually Collocated
equipment by persons other than CenturyLink, or its
authorized contractors; or
d. repairing damage to other property or equipment caused
by operation of CLEC's collocated equipment and not
caused by the sole negligence of CenturyLink.
97.6.4 CLEC wanants that CenturyLink shall have quiet enjoyment of
the Virtually Collocated equipment. CenturyLink will be entitled
to the benefit of any applicable manufacturer's warranties and
indemnities and, to the extent assignable, such warranties and
indemnities are hereby assigned by CLEC for the benefit of
CenturyLink and CLEC shall take all reasonable action to
enforce such warranties and indemnities where available to
CenturyLink. CLEC shall execute, upon presentation, such
documents and instruments as may be required to allow
CenturyLink manufacturer's warranty coverage for any
equipment. CLEC warrants that it has full authority to lease the
equipment under the terms and conditions set forth herein and
that there are no restrictions, legal or otherwise, which would
preclude it from so doing.
a. !n the event CenturyLink's right to quiet enjoyment is
breached, either by CLEC's failure to make or cause to be
made payment to the equipment manufacturer of the full
purchase price for the equipment when such payment
a.
b.
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becomes due, or otherwise, CenturyLink may give written
notice to CLEC and all of CenturyLink's obligations relating
to the affected equipment shallterminate immediately.
97.6.5 CenturyLink's preparation, if any, of the Premises (e.9., Power,
environmental, etc.) for the Virtual Collocation equipment will be
charged to CLEC at rates on Table 2 or as filed in a Tariff and
approved by the Commission.
DEMARCATION POINT
98.1 CenturyLink will designate the point of demarcation between CenturyLink's
equipment and CLEC's collocated equipment, which point of demarcation
shall be in or adjacent to its Collocation space unless otherwise mutually
agreed to by the Parties. At CLEC's request, CenturyLink will identify the
location(s) of other possible Demarcation Points available to CLEC, and
CLEC will designate from these location(s) the point(s) of demarcation
between its collocated equipment and CenturyLink's equipment. CenturyLink
will use its best efforts to identify the closest Demarcation Point to CLEC's
equipment that is available.
Each Party will be responsible for maintenance and operation of all
equipmenUfacilities on its side of the Demarcation Point.
At CLEC's option and expense, a point of termination (POT) bay, frame or
digital cross-connect may be placed in or adjacent to the Collocation space
that may, at CLEC's option, serve as the Demarcation Point. lf CLEC elects
not to provide a POT frame, CenturyLink will agree to handoff the
lnterconnection cables to CLEC at its equipment, at CLEC's designated
Demarcation Point. When CLEC elects to install its own POT frame/cabinet,
CenturyLink must still provide and installthe required DC power panel.
APPLICATION PROCESS
99.1 CLEC will submit the appropriate form which is located on CenturyLink's
Website when initially requesting Collocation space, or modifying the use of
the Collocation space. The Application shall contain a detailed description
and schematic drawing of the equipment to be placed in CLEC's Collocation
space(s), the amount of square footage required (or, in the case of Cageless
Collocation, bay space) for the current year plus the next calendar year from
the date of application, as well as the associated power requirements, floor
loading, and heat release of each piece.
99.1.1 CLEC will complete the Application, and return it, along with the
appropriate Application Fee, to CenturyLink. The Application
shall include complete details of the Collocation and
lnterconnection requested, including, but not limited to, specificfloor space, power, and environmental conditioning
requirements. CenturyLink will not process an Application until
both the Application and the applicable Application fee are
received.
99.1.2 ln the event CLEC desires to modify or decommission the use of
the Collocation space in a manner that requires additional
engineering or preparation work by CenturyLink (an Augment),
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98.2
98.3
99.
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99.4
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99.1.3
CLEC will complete a subsequent Application detailing all
information regarding the modification to the Collocation space
together with payment of the appropriate Application Augment
Fee. Such modifications to the Premises may include but are
not limited to, floor loading changes, changes necessary to meet
HVAC requirements, changes to power plant requirements, and
equipment additions. ln addition to the Application Augment Fee,
CLEC will pay all such charges billed by CenturyLink to recover
the direct costs of work performed for CLEC's benefit.
Where CLEC modifies the use of the Collocation space or adds
equipment that requires no additional engineering or preparation
work on the part of CenturyLink, CenturyLink will not impose
additional charges or additional intervals that would delay
CLEC's operation. CLEC will notify CenturyLink of the
modifications or additional equipment prior to installation.
lf CLEC wishes CenturyLink to consider multiple methods for Collocation on a
single Application, CLEC will include in each Application a prioritized list of its
preferred methods of collocating (e.9., caged, shared, or other), as well as
adequate information, (e.9., specific layout requirements, cage size, number
of bays, requirements relative to adjacent bays, etc.) for CenturyLink to
process the Application for each of the preferred methods. lf CLEC provides
adequate information and its preferences with its Application, CenturyLink
may not require an additional Application, nor would CLEC be required to
restart the quotation interval should its first choice not be available in a
requested Premises. Only one Collocation arrangement will be provisioned
per Application. CenturyLink will not select for CLEC the type of Collocation
to be ordered.
Within ten (10) Days after receiving CLEC's Application for Collocation,
CenturyLink will inform CLEC whether the Application meets each of
CenturyLink's established Collocation standards. Should CLEC submit a
revised Application curing any deficiencies in an Application for Collocation
within ten (10) Days after being informed of them, CLEC shall retain its
original position within any Collocation queue that CenturyLink maintains. lf
CenturyLink informs CLEC that there is a deficiency in an Application,
CenturyLink will provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency.
All revisions to an initial request for a Physical Collocation Arrangement
submitted by CLEC must be in writing. A new interval for the Physical
Collocation Arrangement will be established which shall not exceed two
months beyond the originally established date. CLEC will be required to pay
any applicable Application fees.
CenturyLink shall provide confirmation of space availability within ten (10)
Days of receipt of a complete and accurate Application and applicable
Application fee for one (1) to five (5) Applications submitted. Space
availability response will be increased by five (5) Days for every five (5)
additional Applications received.
99.5.1 CenturyLink will notify CLEC in writing as to whether its request
for Collocation space has been granted or denied due to lack of
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99.5.2
space. The notification will also include a possible future space
relief date, if applicable.
ln order to increase the amount of space available for
Collocation, CenturyLink will, upon request, remove obsolete
unused equipment, from its Premises to increase the amount of
space available for Collocation.
99.6 After notifying CLEC that CenturyLink has no available space for Physical
Collocation in the requested Central Office (Denial of Application),
CenturyLink will allow CLEC, upon request, to tour the entire Central Office
within ten (10) Days, or other mutually agreeable timeframe, of such Denial of
Application. ln order to schedule said tour the request for a tour of the
Central Office must be received by CenturyLink within five (5) Days of the
Denial of Application.
99.6.1
99.6.2
99.6.3
99.6.4
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lf CLEC contests CenturyLink's notice that there is not sufficient
space for Physical Collocation in the Central Office, the matter
will be handled pursuant to the Dispute Resolution provisions of
this Agreement, and the Parties agree to request expedited
resolution of the dispute if the dispute is ultimately submitted to
the State Commission for determination as to whether or not
CenturyLink meets the demonstration requirement of $251(c)(6)of the Act. lf the Commission determines that space is not
available, CenturyLink will not be required to conduct a review of
floor space availability in the same Central Office more
frequently than once every six (6) months.
On a first come, first serve basis, CenturyLink will maintain a
waiting list of requesting carriers who have either (i) received a
Denial of Application for lack of space, or (ii) have submitted a
Letter of lntent to collocate where it is publicly known that the
Premises is out of space. CenturyLink will place CLEC on the
waiting list for Collocation in a particular Premises according to
the date CLEC submitted its complete Application, together with
the applicable fee, and not the date of denial for lack of space.
CenturyLink will simultaneously notify the Telecommunications
Carriers on the waiting list when space becomes available if
there is enough space to accommodate additional Collocation.
Subsequent to the granting of a Petition for Waiver, if CLEC has
been denied Physical Collocation space at a CenturyLink
Premises and challenges CenturyLink on space availability at
said Premises, CLEC will be given priority for space assignment
if, as a result of the challenge, space is found to be available.
CLEC will reaffirm its Collocation request within thirty (30) Days
of such notification; otherwise, it will be dropped to the bottom of
the list. Upon request, CenturyLink will advise CLEC as to its
position on the list.
lf CLEC's Application for Physical Collocation is denied due to
lack of space, CenturyLink will place CLEC on the waiting list for
Collocation in particular Premises according to the date CLEC
submitted its complete Application together with the applicable
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99.7
fee, and not the date of denial for lack of space.
CenturyLink will provide a price quote within thirty (30) Days of receipt of a
complete and accurate single Application and applicable Application fee. The
price quote response period will be increased by one Day for every additional
Application received from CLEC on that same Day.
CLEC has thirty (30) Days from receipt of the quotation to accept the
quotation in writing. The quotation expires after thirty (30) Days. After thirty
(30) Days, a new Application and Application fee are required. Collocation
space is not reserved until the quotation is accepted. CenturyLink need not
meet the deadlines for provisioning Physical Collocation if, after receipt of any
price quotation provided by CenturyLink, CLEC does not notify CenturyLink
within the time period specified that Physical Collocation should proceed.
CLEC will indicate its intent to proceed with equipment installation in a
CenturyLink Premises by accepting the price quote, which constitutes a Bona
Fide Firm Order (BFFO). lf CLEC makes changes to its Application in light of
CenturyLink's written Application Response, CenturyLink may be required to
re-evaluate and respond to the change(s). !n this event, CLEC's Application
will be treated as a revision under Section 99.4.
Space preparation for the Collocation space will not begin until CenturyLink
receives the BFFO and all applicable fees, including all non-recurring charges
required by CenturyLink at the time of the BFFO.
All price quotes accepted by CLEC along with the associated Applications will
become binding attachments to this Agreement and wil! control the respective
billing, payment, use, and provisioning obligations of the Parties.
99.8
1OO. SPACE RESERVATION
100.1 The Parties may reserve Physical Collocation space for their own specific
uses for the remainder of the current year, plus twelve (12) months in
accordance with Section 98. Neither CenturyLink, nor any of its Affiliates, will
reserve space for future use on terms more favorable than those that apply to
other Telecommunications Carriers seeking to reserve Collocation space for
their own future use.
101. PROVISIONING INTERVALS
101.1 Unless otherwise agreed to by the Parties, CenturyLink will complete
construction of Caged Physical (including Shared Caged), Cageless Physical,
and Virtual Collocation arrangements within ninety (90) Days of CenturyLink's
receipt of a BFFO, unless such arrangements require special construction, in
which case the additional time necessitated by such special construction will
be specified as part of CenturyLink's quote. lf CenturyLink or CLEC is unable
to complete construction as provided herein, the Parties will agree to a
mutually acceptable interval or CenturyLink may petition the Commission for
waiver.
102. CONSTRUCTION AND COMMENCEMENT OF BILLING
102.1 CenturyLink, in its sole discretion, may permit CLEC or its designated
subcontractor to perform the construction of Physical Collocation space. lf
CLEC self-provisions the construction of a Physical Collocation arrangement,
CLEC is required to contract with a CenturyLink approved Contractor to
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99.10
99.1'1
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perform all work, provided however, that any such CLEC subcontractor shall
be subject to CenturyLink's security standards. CenturyLink reserves the
right to reject any CLEC subcontractor upon the same criteria that
CenturyLink would use on its own subcontractors. CLEC will notify
CenturyLink in writing when construction of Physical Collocation space is
complete. Each Party or its agents will diligently pursue filing for the permits
required for the scope of work to be performed by that Party or its agents.
CenturyLink shall have the right to inspect CLEC's completed installation of
equipment and facilities prior to CLEC turning up such equipment and
facilities. CLEC shall provide written notification to CenturyLink when CLEC
has completed its installation of equipment and facilities in the Collocation
space, and CenturyLink may conduct such inspection at any time within five
(5) Business Days of receipt of such notice. During such inspection,
CenturyLink will identify any non-compliant installations or deficiencies that
need to be corrected before CLEC can turn up the equipment and facilities.
CLEC shall have the right to be present at such inspection, and CLEC will
correct any non-compliant installations or deficiencies within five (5) Business
Days after the inspection and modify its installation to achieve compliance
prior to turning up its equipment and facilities. CLEC will notify CenturyLink
when such corrections have been completed, and CenturyLink may repeat
the inspection process. CLEC may turn up its equipment and facilities if
CenturyLink does not conduct an inspection within the (5) Days after receipt
of notice that such installation or correction is complete. lf CLEC does not
turn up its equipment and facilities within sixty (60) Days after the later of (i)
the date that CenturyLink has notified CLEC of completion of construction or
(ii) the Projected lmplementation Date as the same may be revised in
accordance with this Agreement, then CLEC shall be deemed to have
cancelled its order and the provisions of this Agreement shall apply with
respect to surrender and vacation of the Collocation space and the
disposition of any of CLEC's equipment. Failure of CenturyLink to either
inspect the Collocation space or notify CLEC of its election not to inspect
such space within the foregoing five (5) Business Day period shall be
deemed an election by CenturyLink not to inspect such Collocation space.
To the extent CenturyLink performs the construction of the Physical
Collocation Arrangement, CenturyLink shall construct the Collocated space in
compliance with a mutually agreed to Collocation request. Any deviation to
CLEC's order must thereafter be approved by CLEC. The Parties
acknowledge that CLEC approved deviations may require additional
construction time and may incur additional CLEC expenses. CLEC shall pay
the incremental cost incurred by CenturyLink as the result of any revision to
the Collocation request, which shall be subject to Section 99.4. CLEC will
pay all applicable fees, including any nonrecurring charges required by
CenturyLink, prior to CenturyLink commencing construction of the Collocation
space.
CLEC will be responsible for all extraordinary costs, as determined in
accordance with the Act, incurred by CenturyLink to prepare any Collocation
space for the installation of CLEC's equipment and for extraordinary costs to
maintain the Collocation space which may be required by Applicable Law for
CLEC's equipment on a going-forward basis. Extraordinary costs may
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102.5
102.6
102.7
103. EQUIPMENT
103.1
103.2
103.3
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include costs for such items as asbestos removal, fire suppression system or
containment, modifications or expansion of cable entry facility, increasing the
DC power system infrastructure capacity, increasing the capacity of the
standby AC system (if available) or the existing commercial power facility,
conversion of non-Collocation space, compliance with federal and State
requirements, or other modifications required by local ordinances.
CenturyLink will charge for these extraordinary costs on a time-sensitive or
time-and-materials basis and will allocate the costs fairly among itself, CLEC
and other collocators. An estimate of such costs, as determined in
accordance with the Act, will be provided to CLEC prior to commencing such
work. Extraordinary costs will only be billed to CLEC if such costs have been
authorized by CLEC. CenturyLink must advise CLEC if extraordinary costs
will be incurred.
Each Party or its agents will diligently pursue filing for the permits required for
the scope of work to be performed by that Party or its agents.
CenturyLink will notify CLEC when construction of a Collocation space is
complete. The Parties will complete an acceptance walk through of each
provisioned Collocation space. CenturyLink will commence to correct any
deviations to CLEC's original or jointly amended requirements within five (5)
Days after the walk through. lf CLEC does not conduct an acceptance walk
through within fifteen (15) Days of the notification that the Collocation space
construction is complete, CLEC will be deemed to have accepted the
Collocation space and billing will commence.
CLEC must submit a written request to cancel its order for Physical, Caged,
Shared Cage, Adjacent Space, or Virtual Collocation. CLEC will reimburse
CenturyLink for any actual expenses incurred and not already paid, which
may include incidental equipment costs, material ordered, provided or used;
labor; transportation, DS0, DS1 and DS3 cable and all other associated
costs.
CLEC may only locate equipment necessary for lnterconnection to
CenturyLink or accessing CenturyLink's Unbundled Network Elements in
accordance with Applicable Rules, including but not limited to 47 U.S.C.
5251(CX3), 47 U.S.C. 5251(CX2), and 47 C.F.R. $51.323(b-c).
CLEC's equipment and facilities shall not be placed or operated in such a
manner that creates hazards or causes physical harm to any individual or the
public. CLEC is responsible for the shipping and delivery of all equipment or
materials associated with the Collocation arrangement, and CLEC shall
instruct equipment vendors to ship equipment or materials directly to CLEC or
its CenturyLink approved contractor on CLEC's behalf. No CLEC equipment
or supplies may be delivered, other than by CLEC or its CenturyLink
approved contractor, to a Premises containing the Collocation space, nor
shall such equipment or supplies be stored or staged outside of the licensed
Collocation space.
All equipment to be collocated must meet Level 1 safety requirements as set
forth in Telcordia Network Equipment and Building Specifications (NEBS), but
CenturyLink will not impose safety requirements on CLEC that are more
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stringent than the safety requirements it imposes on its own equipment. lf
CenturyLink denies Collocation of CLEC's equipment, citing safety standards,
CenturyLink must provide to CLEC within five (5) Business Days of the deniala list of all equipment that CenturyLink locates within the Premises in
question, together with an affidavit attesting that all of that equipment meets
or exceeds the safety standard that CenturyLink contends the competitor's
equipment fails to meet. ln the event that CenturyLink believes that the
collocated equipment is not necessary for lnterconnection or access to
Unbundled Network Elements or determines that CLEC's equipment does not
meet NEBS Level 1 safety requirements, CLEC will be given ten (10) Days to
comply with the requirements or remove the equipment from the Collocation
space. lf the Parties do not resolve the dispute, the Parties may file a
complaint at the Commission seeking a formal resolution of the dispute.
While the dispute is pending, CLEC will not install said equipment.
CLEC must notify CenturyLink in writing that Collocation equipment
installation is complete and is operational with CenturyLink's network. lf
CLEC fails to place operational Telecommunications Equipment in the
collocated space and either interconnect to CenturyLink or install UNEs to its
Collocation arrangement (per 47 U.S.C. 251 $251(c)(6)) within one-hundred
eighty (180) Days of CLEC's acceptance of CenturyLink's price quote, or
other time period mutually agreed to by CLEC and CenturyLink, CenturyLink
may terminate the applicable Collocation space upon written notice. CLEC
wil! reimburse CenturyLink for any actual expenses incurred and not already
paid, which may include incidental equipment costs, material ordered,
provided or used; labor; transportation, DSO, DS1 and DS3 cable and all
other associated costs.
lf CLEC has provisioned services to any customers without being in
compliance with the terms of this Agreement governing Collocation
arrangements and the installation and operation of equipment within a
Collocation arrangement, CLEC will be billed access rates for all services for
the period beginning with the installation of the services until the Collocation
arrangement is brought into compliance.
104. AUGMENTS AND ADDITIONS
104.1 When CLEC modifies the Collocation Arrangement or adds equipment that
requires no additional space preparation work on the part of CenturyLink,
CenturyLink may not impose additional charges or additional intervals that
would delay CLEC's operation. CLEC will notify CenturyLink of the
modifications or additional equipment prior to installation.
ln the event CLEC desires to modify or decommission the use of the
Collocation space in a manner that requires additional engineering or
preparation work by CenturyLink, CLEC will complete a subsequent
Application detailing all information regarding the modification to the
Collocation space. Such modifications to the Premises may include but are
not limited to, floor loading changes, changes necessary to meet HVAC
requirements, changes to power plant requirements, and equipment
additions. A major or minor Augments contained in Table 2 fee will apply.
104.2.1 Major Augments are those requests that include, but may not be
limited to, one or more of the following:
104.2
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a. require additional AC or DC power or add or remove power
cables,
b. add equipment that generates additional BTUs of heat,
c. require additionalfloor space,
d. add or remove cable terminations and/or entrance cables,
e. require installation of cable racking or other support
structures, or
f . request additional cross connects for access to Unbundled
Network Elements that exceed 2000 DS-0s or 168 DS-'ls
or 96 DS-3s. Augment requests that mix DS-O, DS-1,
and/or DS-3 cross connects will be evaluated on an ICB
basis.
104.2.2 Minor Augments are those requests that:
a. do not meet the requirements for a major Augment,
b. do not involve exceeding the capacity of the existing
electrical/power or HVAC system,
c. request additional cross connects for access to Unbundled
Network Elements that use existing panels, relay racks,
and racking and do not exceed the listed major Augment
cross connect quantities, or
d. do not require power work-arounds (e.9.; changing a DC
power fuse or extending occasional use AC power
circuits).
104.3 CLEC must submit an Application and applicable Application fee to obtain a
price quote. CLEC must provide an accurate front equipment view (a.k.a.
rack elevation drawing) specifying bay(s) for CLEC's point of termination. The
price quote will contain the charges and the construction interval for that
application. Under normal circumstances, the construction interval for
Augments will not exceed ninety (90) Days from CenturyLink's receipt of a
BFFO. lf special or major construction is required, CenturyLink will work
cooperatively with CLEC to negotiate mutually agreeable construction
intervals for Augments.
105. USE OF COMMON AREAS
105.1 CLEC, its employees, agents and invitees shall have a non-exclusive right to
use those portions of the common area of the Building as are designated by
CenturyLink from time to time, including, but not limited to, the right to use
rest rooms in proximity to the Collocation space, corridors and other access
ways from the entrance to the Building, the Collocation space, and the
parking areas for vehicles of persons while working for or on behalf of CLEC
at the Collocation space; provided, however, that CenturyLink shall have the
right to reserve parking spaces for CenturyLink's exclusive use or use by
other occupants of the Building. CenturyLink does not guarantee that there is
or will be sufficient parking spaces in parking areas to meet CLEC's needs.
CenturyLink does not guarantee that restroom facilities or water will be
available. All common areas shall remain under the exclusive control and
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105.2
management of CenturyLink, and CenturyLink shall have the right to change
the level, location and arrangement of parking areas and other common
areas, as CenturyLink may deem necessary. Use of all common areas shall
be subject to such reasonable rules and regulations as CenturyLink may from
time to time impose, consistent with CLEC's right to access its Collocation
space. Notwithstanding the above, CenturyLink may restrict access to such
areas or facilities on grounds of security, and CenturyLink may require that a
CenturyLink employee accompany CLEC's personnel or representatives.
CenturyLink shall impose any such requirement in such a manner so as not
to unnecessarily delay or hinder the twenty-tour (24) hours a day, seven (7)
days a week access to CLEC's equipment and space.
CenturyLink, where water is available for its own use, shall furnish running
water from regular Building outlets for drinking, lavatory and toilet purposes
drawn through fixtures installed by CenturyLink, for the non-exclusive use of
CLEC, CenturyLink and any other Building occupant. CLEC shall not waste
or permit the waste of water.
CenturyLink shall furnish Building and Premises security in accordance with
its normal business practices. Other than the locks on the entrances to the
Collocation space, CenturyLink shall provide no security specific to CLEC's
Collocation space. CenturyLink shall not be liable to CLEC or any other party
for loss of or damage to the Collocation space or CLEC equipment unless
CenturyLink has failed to provide Building and Premises security in
accordance with its normal business practices.
CenturyLink shallfurnish, to the same extent it provides to itself and Affiliates,
passenger elevator service as necessary to reach the Collocation space or
common areas to which CLEC has access pursuant to the terms of this
Agreement twenty-four (24) hours a day, seven (7) days a week. Freight
elevator service when used by CLEC's contractors, employees or agents
shall be provided in a non-discriminatory manner as reasonably determined
by CenturyLink.
106. CO.CARRIER CROSS CONNECTION
106.1 CCXCs are only available when both Collocation arrangements (either caged,
cageless, and/or virtual) being interconnected are within the same
CenturyLink Premises, provided that the collocated equipment is also used
for lnterconnection with CenturyLink and/or for access to CenturyLink's
Unbundled Network Elements or where otherwise contemplated by specific
reference in this Agreement. CenturyLink shall provide such CCXCs from
CLEC's Collocation arrangement to the Collocation arrangement of another
Telecommunications Carrier in the same CenturyLink Premises under the
terms and conditions of this Agreement. CCXC is provided at the same
transmission level from CLEC to another Telecommunications Carrier.
106.1.1 CenturyLink will provide such CCXCs for non-adjacent
Collocation arrangements at the expense of CLEC per CLEC's
request. CenturyLink will provide connections between CLEC'sown non-adjacent Virtual andior Physical Collocation
arrangements within the same Central Office at the expense of
CLEC and provisioned per CLEC's order.
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105.3
105.4
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106.2
107. RATES
107.1
107.2
107.3
107.4
107.4.3
107.4.4
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The term Adjacent in this Section refers to Collocation arrangements in the
same Premises that share a common lateral border; and is not referring to
the form of Physical Collocation as described in 47 C.F.R. S51.323(kX3).
The rates for Collocation are listed on Table 2.
lf CLEC is the first collocator in the CenturyLink Premises, CLEC will not be
responsible for the entire cost of site preparation and security. However,
ancillary charges for unique collocator requests for Collocation options
directly attributable to the requesting collocator will not be prorated.
Examples include power arrangements, Remote Switch module related
options and POT bay-related options.
The rates and charges in this Agreement do not include costs for any
Americans with Disability Act (ADA) construction generated or caused by the
Physical Collocation space request. lf required, ADA construction will be
provided on an lCB. lf CenturyLink is required to upgrade a Premises, or
portion of the Premises to comply with the ADA which arises as a direct result
of CLEC's Collocation Arrangement, CenturyLink will prorate the total
forward-looking economic cost of the upgrade, and allocate the charge to
each CLEC collocated within the Premises, based on the total space utilized
by each collocated CLEC. Should CenturyLink benefit in any way
whatsoever from the ADA upgrades, it shall share in the proration of costs.
Should CenturyLink be the sole beneficiary of an upgrade (e.9., an upgrade
would have had to be made regardless of whether or not a CLEC was
collocated in the Premises), CenturyLink shall absorb all of the costs related
to such an upgrade.
Facility Modifications
107.4.1 To the extent that a modification is made for the specific benefitof any particular party, costs of modification are to be
proportionately born by those who directly benefit including the
ILEC. The cost is allocated using the proportion of the new
space occupied to the total new space made available.
lf a non-requesting party benefits from the modification, e.9.,
using the opportunity to bring their equipment or arrangement
into compliance with certain standards, or making adjustments
leading to improvement, then the party will be deemed to be
sharing. This party will be responsible for its share of the
modification costs.
None of the costs will be allocated to a third party that gains
incidental benefit, but did not cause the modification or modify
their facilities.
lf a current user of space subsequently initiates new uses of the
modified facility by other parties to avoid modification costs or if
new entrants use the facility, they will share in the modification
costs. The modifying party(s) may recover a proportionate
share of the modification costs from parties that later are able to
obtain access as a result of the modification. lf measurable
107.4.2
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depreciation has occurred as a result of the modification, the
subsequent party may pay a lower cost.
107.4.5 Parties requesting or joining in a modification also will be
responsible for resulting costs to maintain the facility on an
ongoing basis.
108. CENTURYLINK SERVICES AND OBLIGATIONS
108.1 CenturyLink shall furnish air conditioning and/or other environmental controls
for the area in which the Collocation space is located in a manner consistent
with those provided elsewhere in the Building. CenturyLink shall furnish air
conditioning and/or other environmental controls for the Collocation space
based on information provided by CLEC to CenturyLink in its Application
which CLEC hereby represents to CenturyLink is sufficient to allow CLEC
equipment to function without risk of harm or damage to the Collocation
space, the Building or any equipment or facilities of CenturyLink or any other
occupant of the Building. These environmental conditions shall adhere to
Telcordia Network Equipment Building System (NEBS) standards GR-63-
CORE lssue 2 or other mutually agreed upon standards.
108.'1.1 lf CLEC locates equipment or facilities in the Collocation space
which CenturyLink determines, in the exercise of its sole
discretion, affect the temperature or other environmental
conditions otherwise maintained by CenturyLink in the Building,
CenturyLink reserves the right to provide and install
supplementary air conditioning units or other environmental
control devices in the Collocation space, and the cost of
providing, installing, operating and maintaining any such
supplementary air conditioning units or other environmental
control devices made necessary solely by CLEC's equipment or
facilities shall be paid by CLEC to CenturyLink. lf
supplementary air conditioning units or other environmental
control devices are required for more than one CLEC each
CLEC will pay a pro-rata share of such costs, in proportion to the
space occupied by each as compared to the total space
available for Collocation.
108.1.2 CLEC's refusal to be responsible for the cost of any necessary
air conditioning or other environmental controls shall constitute
acceptable grounds for denial of Collocation for technical
reasons.
CenturyLink shall provide power as requested by CLEC to meet CLEC's need
for placement of equipment, lnterconnection, or provision of service; except
that CenturyLink is not obligated to Augment available DC capacity solely to
meet CLEC's needs unless CLEC offers to pay for such Augmentation and
such Augmentation can be effected within applicable engineering, building
and electrical code requirements.
108.2.1 CenturyLink does not warrant or ensure the reliability or quality
of the electric service which is provided to its Buildings or any
Collocation Space within such Buildings. CenturyLink reserves
the right to make changes to the primary and backup electric
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108.2.2
108.2.3
108.2.4
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service within Buildings where CLEC has Collocation Space,
subject to the following: (a) the primary electric service shall
continue to be capable of serving the same load that existed at
the Building prior to any change, taking into account existing
equipment and operations of both CenturyLink and CLEC within
the Building, and (b) written notice describing the nature of the
change shall be given to CLEC sufficiently in advance should
CenturyLink believe such change will impact power delivered to
CLEC to reasonably enable CLEC to adjust, replace, reconfigureor augment the service to its Collocation Space or the
equipment within such Collocation Space, at its own cost, to
coordinate with the electric service which will be available in the
Building.
CLEC agrees to request in writing, via a complete and accurate
Application, all electrical needs to power its equipment. The
Application shall contain the total power needs, the date needed,
and the exact location where termination of the electrical power
shall occur. Actual power usage of CLEC's equipment shall not
exceed the requested capacity.
Central Office power supplied by CenturyLink into CLEC's
equipment area shall be supplied in the form of power feeders
(cables) on cable racking into the designated CLEC equipmentarea. The power feeders (cables) shall efficiently and
economically support the requested quantity and capacity of
CLEC equipment. The termination location shall be as agreed
by the Parties.
CenturyLink power equipment supporting CLEC's equipment
shall:
a. Comply with applicable industry standards (e.9., Telcordia,
NEBS and IEEE) or manufacturer's equipment power
requirement specifications for equipment installation,
cabling practices, and physical equipment layout or at
minimum, at Parity with that provided for similar
CenturyLink equipment;
Have redundant power feeds with physical diversity and
battery back-up as required by the equipment
manufacturer's specifications for CLEC equipment, or, at
minimum, at Parity with that provided for similar
CenturyLink equipment;
Provide, upon CLEC's request and at CLEC's expense, the
capability for real time access to power performance
monitoring and alarm data that impacts (or potentially may
impact) CLEC traffic;
Provide Central Office ground, connected to a ground
electrode located within the Collocated space, at a level
above the top of CLEC equipment plus or minus two (2)
feet to the left or right of CLEC's final request; and
d.
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108.2.5
108.2.6
108.2.8
108.3.1
108.3.2
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e. Provide feeder cable capacity and quantity to support the
ultimate equipment layout for CLEC's equipment in
accordance with CLEC's Collocation request.
CenturyLink shall provide cabling that adheres to Telcordia
Network Equipment Building System (NEBS) standards GR-63-
CORE lssue 2.
CenturyLink shall provide Lock Out-Tag Out and other electrical
safety procedures and devices in conformance with the most
stringent of OSHA or industry guidelines.
CenturyLink will provide CLEC with written notification within ten
(10) Business Days of any scheduled DC power work or related
activity in the collocated facility that will or might cause an
outage or any type of power disruption to CLEC equipment
located in CenturyLink facility. CenturyLink shall provide CLEC
immediate notification by telephone of any emergency power
activity that would impact CLEC's equipment.
lf CenturyLink, in the exercise of its reasonable business
judgment, determines that the electricity provided to CLEC
pursuant to this Section is insufficient to support the activity
being carried on by CLEC in the Collocation space, and thereby
poses a potential liability or additional cost to CenturyLink's own
operations, CenturyLink may require the installation of additional
electrical circuits to provide CLEC with additional electricity and
CLEC shall reimburse CenturyLink for any expenses incurred in
making such additional electrical circuits available to CLEC's
Collocation space. CLEC shall also pay for additional electricity
provided via these circuits.
a. CLEC's refusal to be responsible for the cost of any
necessary electrical circuits shall constitute acceptable
grounds for denial of Collocation for technical reasons.
Stand alone fire extinguishers will be provided in and about the
Building and the Collocation space by CenturyLink as required
by applicable fire codes.
CenturyLink and CenturyLink's insurance carriers will perform
regular inspections of fire protection systems, and CLEC hereby
agrees to provide CenturyLink and CenturyLink's insurance
carriers access to the Collocation space for purposes of such
inspections, via pass key or otherwise. CenturyLink agrees to
provide CLEC with notice of its intent to access CLECIS
Collocation space where, in CenturyLink's sole discretion, such
notice is practicable; provided, however, that no failure of
CenturyLink to give such notice will affect CenturyLink's right of
108.2.7
108.3 CenturyLink shall provide fire protection systems in CenturyLink Buildings
and on CenturyLink Premises as required by Federal and State regulatory
rules and in full compliance with local ordinances. CenturyLink shall furnish
fire or smoke detection systems designed to comply with the National Fire
Protection Association (NFPA) Standards on Automatic Fire Detectors.
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access or impose any liability on CenturyLink. CenturyLink will,
at its expense, maintain and repair the fire and smoke detection
systems unless maintenance or repair is required due to the act
or omission of CLEC, its employees, agents or invitees, in which
case CLEC shall reimburse CenturyLink for the cost of such
repair or replacement. lf a Halon or alternative fire suppression
system is in place, CLEC shall, if at fault, and at CenturyLink's
option, replace Halon or other fire extinguishing material
discharged as a result of CLEC's act or omission. CLEC shall
have no duty to inspect fire protection systems outside the
Collocation space; provided, however, if CLEC is aware of
damage to the fire protection systems it shall promptly notify
CenturyLink.
CLEC is aware the Collocation space will contain a fire detection
system and may contain a fire suppression system. ln the event
of discharge, CenturyLink is relieved of all liability for damage to
equipment or personal injury except in cases where such
damage to equipment or personal injury is due to the willful
misconduct of CenturyLink, its officers, agents or employees.
108.4 CenturyLink shall, at its sole expense, except as hereinafter provided, provide
repair and maintenance of heating, cooling and lighting equipment and
regularly scheduled refurbishment or decorating to the Collocation space,
Building and Premises, in a manner consistent with CenturyLink's normal
business practices.
108.4.1 CenturyLink shall not be obligated to inspect the Collocation
space, make any repairs or perform any maintenance unless
first notified of the need in writing by CLEC. lf CenturyLink shall
fail to commence the repairs or maintenance within twenty (20)
Days after written notification, provided that the delays are not
caused by CLEC, CLEC's sole right and remedy shall be, after
further notice to CenturyLink, to make such repairs or perform
such maintenance and to deduct that cost and expenses from
the Physical Collocation fees payable; provided, however, that
the amount of such deduction shall not exceed the reasonable
value of such repairs or maintenance.
CenturyLink shall, where practical, provide CLEC with twenty-
four (24) hours prior notice before making repairs and/or
performing maintenance on the Collocation space; provided,
however, that CenturyLink shall have no obligation to provide
such notice if CenturyLink determines, in the exercise of its sole
discretion, that such repair or maintenance must be done sooner
in order to preserve the safety of the Building or the Collocation
space, or if required to do so by any court or governmental
authority. Work shall be completed during normalworking hours
or at other times identified by CenturyLink. CLEC shall pay
CenturyLink for overtime and for any other expenses incurred if
such work is done during other than normal working hours at
CLEC's request. CLEC shall have the right, at its sole expense,
to be present during repair or maintenance of the Collocation
108.4.2
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108.5
108.6
108.7
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108.4.3
space.
The cost of all repairs and maintenance performed by or on
behalf of CenturyLink to the Collocation space which are, in
CenturyLink's reasonable judgment, beyond normal repair and
maintenance, or are made necessary as a result of misuse or
neglect by CLEC or CLEC's employees, invitees or agents, shall
be paid by CLEC to CenturyLink within ten (10) Days after being
billed for the repairs and maintenance by CenturyLink.
CenturyLink shall provide CLEC with notice via emailthree (3) Business Days
prior to those instances where CenturyLink or its subcontractors perform work
which is known to be a Service Affecting activity. CenturyLink will inform
CLEC by e-mail of any unplanned service outages. Notification of any
unplanned service outages shall be made as soon as practicable after
CenturyLink learns that such outage has occurred.
CenturyLink reserves the right to stop any service when CenturyLink deems
such stoppage necessary by reason of a Force Majeure Event or as a result
of an accident or emergency, or for repairs, improvements or otherwise;
however, CenturyLink agrees to use its best efforts not to interfere with
CLEC's use of Collocation space. CenturyLink does not warrant that any
service will be free from interruptions caused by Force Majeure Events.
108.6.1 No such interruption of service shall be deemed an eviction or
disturbance of CLEC's use of the Collocation space or any part
thereof, or render CenturyLink liable to CLEC for damages, by
abatement of CLEC Fees or otherwise, except as set forth in the
Tariff, or relieve CLEC from performance of its obligations under
this Agreement.
CenturyLink shall have access to CLEC's Physical Collocation space at all
times, via pass key or otherwise, to allow CenturyLink to react to
emergencies, to maintain the space (not including CLEC's equipment), and to
monitor compliance with the rules and regulations of the Occupational Health
and Safety Administration or CenturyLink, or other regulations and standards
including but not limited to those related to fire, safety, health, and
environmental safeguards. lf a secure enclosure defining the location of
CLEC's Collocation space has been established, and if conditions permit,
CenturyLink will provide CLEC with notice (except in emergencies) of its
intent to access the Collocation space, thereby providing CLEC the option to
be present at the time of access. CLEC shall not attach, or permit to be
attached, additional locks or similar devices to any door or window, nor
change existing locks or the mechanism thereof.
108.7.1 CenturyLink may enter the Collocation space for the purposes of
examining or inspecting same and of making such repairs or
alterations as CenturyLink deems necessary. CLEC hereby
waives any claim for damage, injury, interference with CLEC's
business, any loss of occupancy or quiet enjoyment of the
Collocation space, and any other loss occasioned by the
exercise of CenturyLink's access rights, except in the event such
damages result solely from the willful misconduct of
CenturyLink.
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108.7.2
109. CLEC'SOBLIGATIONS
109.1
109.2
109.2.4
109.2.5
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CenturyLink may use any means CenturyLink may deem proper
to open Collocation space doors or enclosures in an emergency.
Entry into the Collocation space obtained by CenturyLink by any
such means shall not be deemed to be forcible or unlaMul entry
into or a detainment of or an eviction of CLEC from the
Collocation space or any portion thereof.
CLEC shall regularly inspect the Collocation space to ensure that the
Collocation space is in good condition. CLEC shall promptly notify
CenturyLink of any damage to the Collocation space or of the need to
perform any repair or maintenance of the Collocation space, fixtures and
appurtenances (including hardware, heating, cooling, ventilating, electrical,
and other mechanicalfacilities in the Collocation space). CLEC shall provide
regular janitorial service to its Collocation space and keep the Collocation
space clean and trash free.
CLEC agrees to abide by all of CenturyLink's security practices for non-
CenturyLink employees with access to the Building, including, without
limitation:
109.2.1 CLEC must obtain non-employee photo identification cards for
each CLEC employee or vendor. Temporary identification cards
may otherwise be provided by CenturyLink for employees or
agents, contractors and invitees of CLEC who may require
occasional access to the Collocation space.
109.2.2 CLEC will supply to CenturyLink the completed access form for
employees or approved vendors who require access to the
Premises. CenturyLink may reasonably deny access to any
person into the Building. CenturyLink's objections will be
consistent with the grounds for denying access to personnel of
its own contractors or for denying employment directly with
CenturyLink. CenturyLink may issue security cards, codes, or
keys to CLEC's listed employees or vendors where such
systems are available and their use by CLEC will not othenrvise
compromise Building security. The rate for the issuance of
security cards is listed on Table 2.
CLEC is responsible for returning identification and security
cards, codes, or keys of its terminated employees or its
employees who no longer require access to the Collocation
space. All cards, codes, or keys must be returned upon
termination of the applicable Collocation space. CLEC will
reimburse CenturyLink actual costs due to unreturned or
replacement cards, codes, or keys.
ln the event that a key is lost, CLEC is responsible for costs
associated with recoring locks and reissuing keys to CenturyLink
and other parties authorized to access the Premise.
CLEC's employees, agents, invitees and vendors must display
identification cards at alltimes.
109.2.3
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109.3
109.4
109.5
109.6
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109.2.6 CLEC will assist CenturyLink in validation and verification of
identification of its employees, agents, invitees and vendors by
providing a telephone contact available twenty-four (24) hours a
day, seven (7) days a week to verify identification.
109.2.7 Removal of all furniture, equipment or similar articles will be
based on local CenturyLink security practices. These security
practices will not be more stringent for CLEC than CenturyLink
requires for its own employees or CenturyLink's contractors.
109.2.8 Before leaving the Collocation space unattended, CLEC shall
close and securely lock all doors and windows and shut off
unnecessary equipment in the Collocation space. Any injury to
persons or damage to the property of CenturyLink or any other
party with equipment in the Building resulting from CLEC's
failure to do so shall be the responsibility of CLEC. CLEC will
defend and indemnify CenturyLink from and against any claim
by any person or entity resulting in whole or in part from CLEC's
failure to comply with this Section.
109.2.9 CLEC agrees that CenturyLink may provide a security escort for
Physical Collocation, at no cost or undue delay to CLEC, to
CLEC personnel while on CenturyLink Premises. While such
escort shall not be a requirement to CLEC's entry into the
Building, CLEC must allow the security escort to accompany
CLEC personnel at all times and in all areas of the Building,
including the Collocation space, if so requested.
109.2.10 CLEC shall post in a prominent location visible from the common
Building area, the names and telephone numbers of emergency
contact personnel along with names and telephone numbers of
their superiors for twenty-four (24) hour emergency use by
CenturyLink. CLEC shall promptly update this information as
changes occur.
CLEC will provide CenturyLink with written notification within ten (10)
Business Days of any scheduled DC power work or related activity in the
collocated facility that will or might cause an outage or any type of power
disruption to CenturyLink equipment located in CLEC facility. CLEC shall
provide CenturyLink immediate notification by telephone of any emergency
power activity that would impact CenturyLink equipment.
CLEC shall not provision and/or install Uninterruptible Power Supply (UPS)
systems within the CenturyLink Premises. The customer is permitted to
install lnverted Power Systems if and only if documented compliance with
National Equipment Building Standards (NEBS) lll and Listing by
Underwriters Laboratory (UL) has been met.
CLEC shall not place Electro-Chemical Storage Batteries of any type inside
the Collocation space.
CLEC shall provide CenturyLink with written notice three (3) Business Days
prior to those instances where CLEC or its subcontractors perform work,
which is to be a known Service Affecting activity. CLEC will inform
CenturyLink by e-mail of any unplanned service outages. The parties will
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then agree upon a plan to manage the outage so as to minimize customer
interruption. Notification of any unplanned service outage shall be made as
soon as practicable after CLEC learns that such outage has occurred so that
CenturyLink can take any action required to monitor or protect its service.
109.7 CLEC may, at its own expense, install and maintain regular business
telephone service in the Collocation space. lf requested by CLEC and at
CLEC's expense, CenturyLink will provide basic telephone service with a
connection jack in the Collocation space.
109.8 CLEC shall, with the prior written consent of CenturyLink, have the right to
provide additional fire protection systems within the Collocation space;
provided, however, that CLEC may not install or use sprinklers or carbon
dioxide fire suppression systems within the Building or the Collocation space.
109.8.1 lf any governmental bureau, department or organization or
CenturyLink's insurance carrier requires that changes or
modifications be made to the fire protection system or that
additional stand alone fire extinguishing, detection or protection
devices be supplied within that portion of the Building in which
the Collocation space of CLECs in general are located, such
changes, modifications, or additions shall be made by
CenturyLink and CLEC shall reimburse CenturyLink for the cost
thereof in the same proportion as the size of CLEC's Collocation
space as compared to the total available Collocation space in
the affected portion of the Building.
109.9 CLEC shall identify and shall provide advance notification to CenturyLink in
writing of any Hazardous Materials CLEC wants to bring onto the Premises,
and will provide CenturyLink copies of any inventories or other data provided
to State Emergency Response Commissions (SERCs), Local Emergency
Planning Committees (LEPCs), or any other governmental agencies if
required by the Emergency Planning and Community Right to Know Act (41
U.S.C. 511001, et seq.). CLEC, its agents and employees shall transport,
store and dispose of Hazardous Materials in accordance with all applicable
federal, State or local laws, ordinances, rules and regulations. CLEC will
promptly notify CenturyLink of any releases of Hazardous Materials and will
copy CenturyLink on any notification of or conespondence with any
governmental agency which may be required by any environmental law as a
result of such release.
109.9.1 CLEC shall provide CenturyLink copies of all Material Safety
Data Sheets (MSDSS) for materials or chemicals regulated
under the OSHA Hazard Communication Standard (29 C.F.R.
51910.1200) that are brought onto the property. All such
materials shall be labeled in accordance with 29 C.F.R.
51910.1200 and applicable State regulations if such regulations
are more stringent.
lf CenturyLink discovers that CLEC has brought onto
CenturyLink's Premises Hazardous Materials without
notification, or is storing or disposing of such materials in
violation of any applicable environmental law, CenturyLink may,at CenturyLink's option and without penalty, terminate the
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109.9.3
applicable Collocation space, this Agreement or suspend
performance hereunder. CLEC shall be responsible for, without
cost to CenturyLink, the complete remediation of any releases or
other conditions caused by its storage, use or disposal of
Hazardous Materials. CLEC shall also be responsible for
removing and disposing of all Hazardous Materials on its
Collocation space at the termination of the applicable
Collocation space or this Agreement. lf CenturyLink elects to
terminate the applicable Collocation space or this Agreement or
discontinue the performance of services hereunder due to the
storage, use or disposal of Hazardous Materials contrary to the
terms of this Agreement, CLEC shall have no recourse against
CenturyLink and shall be responsible for all costs and expenses
associated with such termination or suspension of service in
addition to being responsible for any remedies available to
CenturyLink for Defaults under this Agreement.
CLEC shall indemnify and hold harmless CenturyLink, its
successors and assigns against, and in respect of, any and all
damages, claims, losses, liabilities and expenses, including,
without limitation, all legal, accounting, consulting, engineering
and other expenses, which may be imposed upon, or incurred
by, CenturyLink or asserted against CenturyLink by any other
party or parties (including, without limitation, CenturyLink's
employees and/or contractors and any governmental entity)
arising out of, or in connection with, CLEC's use, storage or
disposal of Hazardous Materials.
For purposes of this Section, Hazardous Materials shall mean
any toxic substances and/or hazardous materials or hazardous
wastes (including, without limitation, asbestos) as defined in, or
pursuant to, the OSHA Hazard Communication Standard
(29 C.F.R. 51910, Subpart Z), the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 56901 , et seq.), or regulations
adopted pursuant to those statutes, the Toxic Substances
Control Act (15U.S.C. 52601, et seq.), the Comprehensive
Environmental Response, Compensation and Liability Act
(42 U.S.C. 59601, et seq.) or any other federal, State or local
environmental law, ordinance, rule or regulation. The provisions
of this Section shall survive the termination, cancellation,
modification or recession of this Agreement.
109.10 CLEC shall not do or permit anything to be done upon the Collocation space,
or bring or keep anything thereon which is in violation of any federal, State or
local laws or regulations (including environmental laws or regulations not
previously described), or any rules, regulations or requirements of the local
fire department, Fire lnsurance Rating Organization, or any other similar
authority having jurisdiction over the Building. CLEC shall not do or permit
anything to be done upon the Collocation space which may in any way createa nuisance, disturb, endanger, or othenrvise interfere with the
Telecommunications Services of CenturyLink, any other occupant of the
Building, their patrons or customers, or the occupants of neighboring
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109.10.1
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property, or injure the reputation of the Premises.
109.10.2
CLEC shall not exceed the Uniformly Distributed Live Load
Capacity. CenturyLink shall evaluate and determine Live Load
Capacity rating on a site specific basis prior to equipment
installation. CLEC agrees to provide CenturyLink with
equipment profile information prior to installation authorization.
CLEC shall not paint, display, inscribe or affix any sign,
trademark, picture, advertising, notice, lettering or direction on
any part of the outside or inside of the Building, or on the
Collocation space, without the prior written consent of
CenturyLink.
CLEC shall not use the name of the Building or CenturyLink for
any purpose other than that of the business address of CLEC, or
use any picture or likeness of the Building on any letterhead,
envelope, circular, notice, or advertisement, without the prior
written consent of CenturyLink.
CLEC shall not exhibit, sell or offer for sale, rent or exchange in
the Collocation space or on the Premises any article, thing or
service except those ordinarily embraced within the use of the
Collocation space as specified in this Agreement without the
prior written consent of CenturyLink.
CLEC shall not place anything or allow anything to be placed
near the glass of any door, partition or window which
CenturyLink determines is unsightly from outside the Collocation
space; take or permit to be taken in or out of other entrances of
the Building, or take or permit to be taken on any passenger
elevators, any item normally taken through service entrances or
elevators; or whether temporarily, accidentally, or otherwise,
allow anything to remain in, place or store anything in, or
obstruct in any way, any passageway, exit, stairway, elevator, or
shipping platform. CLEC shall lend its full cooperation to keep
such areas free from all obstruction and in a clean and neat
condition, move all supplies, furniture and equipment directly to
the Collocation space as soon as received, and move all such
items and waste, other than waste customarily removed by
employees of the Building.
CLEC shall not, without the prior written consent of CenturyLink
install or operate any lead-acid batteries, refrigerating, heating or
air conditioning apparatus in the Collocation space. CenturyLink
may, in its sole discretion, withhold such consent, or impose any
condition in granting it, and revoke its consent at will.
CLEC shall not use the Collocation space for meeting, housing,
lodging or sleeping purposes.
CLEC shall not eat, drink, or smoke in the Collocation space.
CLEC shall not bring any animals to the Collocation space
except those used by the visually impaired. ln the case of such
109.10.3
109.10.4
109.10.5
109.10.6
109.10.7
109.10.8
109.10.9
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a need, advance notice is required.
109.10.10 CLEC, its employees, agents, contractors, and business invitees
shall:
a. comply with all rules and regulations which
CenturyLink may from time to time adopt for thesafety, environmental protection, care,
cleanliness and/or preservation of the good order
of the Building, the Premises and the Collocation
space and its tenants and occupants, and
b. comply, at its own expense, with all ordinances
which are applicable to the Collocation space and
with all laMul orders and requirements of any
regulatory or law enforcement agency requiring
the conection, prevention and abatement of
nuisances in or upon the Collocation space
during the Term of this Agreement or any
extension hereof.
109.11 CLEC shall not make installations, alterations or additions in or to the
Collocation space without submitting plans and specifications to CenturyLink
and securing the prior written consent of CenturyLink in each instance.
CenturyLink's consent shall not be unreasonably withheld or unduly delayed
for non-structural interior alteration to the Collocation space that do not
adversely affect the Building's appearance, value, structural strength and
mechanical integrity. Such work shall be done at the sole expense of CLEC.
109.11.1 All installations, alterations and additions shall be constructed
in a good and workmanlike manner and only new and good
grades of material shall be used, and shall comply with all
insurance requirements, governmental requirements, and
terms of this Agreement. Work shall be performed at such
times and in such manner as to cause a minimum of
interference with CenturyLink's transaction of business. CLEC
shall permit CenturyLink to inspect all construction operations
within the Collocation space.
a. CLEC shall not cut or drill into, drive nails or screws
into, install conduit or wires, or in any way deface any
part of the Collocation space or the Building, outsideor inside, without the prior written consent of
CenturyLink.
All installations, alterations and additions which take the form of
fixtures, except trade fixtures, placed in the Collocation space by
and at the expense of CLEC or others shall become the property
of CenturyLink, and shall remain upon and be surrendered with
the Collocation space. Upon termination of this Agreement,
however, CenturyLink shall have the right to require CLEC to
remove such fixtures and installations, alterations or additions at
CLEC's expense, and to surrender the Collocation space in the
same condition as it was prior to the making of any or all such
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109.12
109.13
109.14
110. BUILDING RIGHTS
1 10.1
110.1.2
110.1.3
110.1.4
110.1.5
110.1.6
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109.11.3
improvements, reasonable wear and tear excepted.
Allfixtures and other equipment to be used by CLEC in, about or
upon the Collocation space shall be subject to the prior written
approval of CenturyLink, which shall not be unreasonably
withheld.
Fireproofing Policy. lf CLEC desires signal, communications, alarm or other
utility or service connections installed or changed, the same shall be made by
and at the expense of CLEC. CenturyLink shall have the right of prior
approval of such utility or service connections, and shall direct where and
how all connections and wiring for such service shall be introduced and run.
ln all cases, in order to maintain the integrity of the Halon space for proper
Halon concentration, and to ensure compliance with CenturyLink's
fireproofing policy, any penetrations by CLEC, whether in the Collocation
space, the Building or otherwise, shall be sealed as quickly as possible by
CLEC with CenturyLink-approved fire barrier sealants, or by CenturyLink at
CLEC's cost.
Equipment Grounding. CLEC equipment shall be connected to CenturyLink's
grounding system.
Representations and Warranties. CLEC hereby represents and warrants that
the information provided to CenturyLink in any Application or other
documentation relative to CLEC's request for Telecommunications facility
lnterconnection and Central Office Building Collocation as contemplated in
this Agreement is and shall be true and correct, and that CLEC has all
necessary corporate and regulatory authority to conduct business as a
Telecommunications Carrier. Any violation of this Section shall be deemed a
material breach of this Agreement.
CenturyLink may, without notice to CLEC:
110.1.1 Change the name or street address of the Premises;
lnstall and maintain signs on the exterior and interior of the
Premises or anywhere on the Premises;
Designate all sources furnishing sign painting and lettering, ice,
mineral or drinking water, beverages, foods, towels, vending
machines or toilet supplies used or consumed in the Collocation
space;
Have pass keys or access cards with which to unlock all doors in
the Collocation space, excluding CLEC's safes;
Reduce heat, light, water and power as required by any
mandatory or voluntary conservation programs;
Approve the weight, size and location of safes, computers and
all other heavy articles in and about the Collocation space and
the Building, and to require all such items and other office
furniture and equipment to be moved in and out of the Building
or Collocation space only at such times and in such a manner as
CenturyLink shall direct and in all events at CLEC's sole risk and
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110.1.8
110.1.9
110.1.10
110.2
111. INDEMNIFICAT!ON
111.1
111.1.2 the conduct of CLEC's
things done, permitted
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110.3
110.1.7
responsibility;
At any time, to decorate and to make, at its own expense,
repairs, alterations, additions and improvements, structural or
otherwise, in or to the Collocation space, the Premises, or any
part thereof (including, without limitation, the permanent or
temporary relocation of any existing facilities such as parking
lots or spaces), and to perform any acts related to the safety,
protection or preservation thereof, and during such operations to
take into and through the Collocation space or any part of the
Premises all material and equipment required, and to close or
suspend temporarily operation of entrances, doors, corridors,
elevators or other facilities. CenturyLink shall limit inconvenience
or annoyance to CLEC as reasonably possible under the
circumstances;
Do or permit to be done any work in or about the Collocation
space or the Premises or any adjacent or nearby building, land,
street or alley;
Grant to anyone the exclusive right to conduct any business or
render any service on the Premises, provided such exclusive
right shall not operate to exclude CLEC from the use expressly
permitted by this Agreement, unless CenturyLink exercises its
right to terminate this Agreement with respect to all or a portion
of the Collocation space;
Close the Building at such reasonable times as CenturyLink may
determine, under such reasonable regulations as shall be
prescribed from time to time by CenturyLink subject to CLEC's
right to access.
lf the owner of the Building or CenturyLink sells, transfers or assigns any
interest in the Building, or there is any material change in the Lease to which
the Building is subject, and such sale, transfers assignment or material
change in the Lease gives rise to an obligation which is inconsistent with this
Agreement, CenturyLink's performance under this Agreement shall be
excused to the extent of the inconsistency. CenturyLink hereby agrees that it
will use its reasonable efforts to avoid any such inconsistency; provided,
however, that this obligation shall in no way obligate CenturyLink to incur any
out of pocket expenses in its efforts to avoid such inconsistencies.
This Agreement shall at all times be subject and subordinate to the lien of any
mortgage (which term shall include all security instruments) that may be
placed on the Collocation space and CLEC agrees, upon demand, to execute
any instrument as may be required to effectuate such subordination.
CLEC shall indemnify, defend, save and hold CenturyLink harmless from any
and all claims arising from:
111.1.1 CLEC's use of the Collocation space;
business or from any activity, work or
or suffered by CLEC in or about the
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Collocation space or elsewhere;
111.1.3 any claims, liens, demands, charges, encumbrances, litigation and
judgments arising directly or indirectly out of any use, occupancy
or activity of CLEC, or out of any work performed, material
furnished, or obligations incurred by CLEC in, upon or otherwise in
connection with the Collocation space. CLEC shall give
CenturyLink written notice at least ten (10) Business Days prior to
the commencement of any such work on the Collocation space in
order to afford CenturyLink the opportunity of filing appropriate
notices of non-responsibility. However, failure by CenturyLink to
give notice does not reduce CLEC's liability under this Section;
111.1.4 lf any claim or lien is filed against the Collocation space, or any
action or proceeding is instituted affecting the title to the
Collocation space, CLEC shall give CenturyLink written notice
thereof as soon as CLEC obtains such knowledge;
111.1.5 CLEC shall, at its expense, within thirty (30) Days after filing of
any lien of record, obtain the discharge and release thereof or
post a bond in an amount sufficient to accomplish such discharge
and release. Nothing contained herein shall prevent CenturyLink,
at the cost and for the account of CLEC, from obtaining such
discharge and release if CLEC fails or refuses to do the same
within the thirty(30) Day period;
111.1.6 lf CLEC has first discharged the lien as provided by law, CLEC
may, at CLEC's expense, contest any mechanic's lien in any
manner permitted by law.
112. PARTIALDESTRUCTION
112.1
112.2
112.3
lf the Collocation space or a portion thereof sufficient to make the Collocation
space substantially unusable shall be destroyed or rendered unoccupiable by
fire or other casualty, CenturyLink may, at its option, restore the Collocation
space to its previous condition. CLEC's rights to the applicable Collocation
space shall not terminate unless, within ninety (90) Days after the occurrence
of such casualty, CenturyLink notifies CLEC of its election to terminate
CLEC's rights to the applicable Collocation space. lf CenturyLink does not
elect to terminate CLEC's rights to the applicable Collocation space,
CenturyLink shall repair the damage to the Collocation space caused by such
casualty.
Notwithstanding any other provision of this Agreement to the contrary, if any
casualty is the result of any act, omission or negligence of CLEC, its agents,
employees, contractors, CLECs, customers or business invitees, unless
CenturyLink otherwise elects, CLEC's rights to the applicable Collocation
space shall not terminate, and, if CenturyLink elects to make such repairs,
CLEC shall reimburse CenturyLink for the cost of such repairs, or CLEC shall
repair such damage, including damage to the Building and the area
surrounding it, and the contractual monthly fees paid by CLEC for the
affected Collocation shall not abate.
lf the Building shall be damaged by fire or other casualty to the extent that
portions are rendered unoccupiable, notwithstanding that the Collocation
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space may be directly unaffected, CenturyLink may, at its election within
ninety (90) Days of such casualty, terminate CLEC's rights to the applicable
Collocation space by giving written notice of its intent to terminate CLEC's
rights to the applicable Collocation space. The termination as provided in this
paragraph shall be effective thirty (30) Days after the date of the notice.
113. EMINENT DOMAIN
113.1 lf the Premises, or any portion thereof which includes a substantial part of the
Collocation space, shall be taken or condemned by any competent authority
for any public use or purpose, CLEC's rights to the applicable Collocation
space shall end upon, and not before, the date when the possession of the
part so taken shall be required for such use or purpose. lf any condemnation
proceeding shall be instituted in which it is sought to take or damage any part
of the Premises, or if the grade of any street or alley adjacent to the Premises
is changed by any competent authority and such change of grade makes it
necessary or desirable to remodel the Premises to conform to the changed
grade, CenturyLink shall have the right to terminate CLEC's rights to the
applicable Collocation space upon not less than thirty (30) Days notice prior
to the date of cancellation designated in the notice. No money or other
consideration shall be payable by CenturyLink to CLEC for such cancellation,
and CLEC shall have no right to share in the condemnation award or in any
judgment for damages caused by such eminent domain proceedings
114. BANKRUPTCY
114.1 lf any voluntary or involuntary petition or similar pleading under any section or
sections of any bankruptcy act shall be filed by or against CLEC, or any
voluntary or involuntary proceeding in any court or tribunal shall be instituted
to declare CLEC insolvent or unable to pay CLEC's debts, or CLEC makes
an assignment for the benefit of its creditors, or a trustee or receiver is
appointed for CLEC or for the major part of CLEC's property, CenturyLink
may, if CenturyLink so elects but not otherwise, and with or without notice of
such election or other action by CenturyLink, forthwith terminate this
Agreement.
115. ASBESTOS
115.1 CLEC is aware the Premises in which the Collocation space is located may
contain or have contained asbestos or asbestos containing building materials,
and CLEC is hereby notified that the Premises in which the Collocation space
is located may contain asbestos or asbestos containing building material
(ACBM). CLEC agrees that it is responsible for contacting the appropriate
CenturyLink manager responsible for the Premises to determine the
presence, location and quantity of asbestos or ACBM that CLEC's
employees, agents, or contractors may reasonably expect to encounter while
performing activities in the Premises. CLEC shall not have responsibility or
liability for any damages, expenses, costs, fees, penalties of any kind arising
out of, or in connection with, or resulting from the disturbance of asbestos or
ACBM in the Premises unless such disturbance arises out of or in connection
with, or results from CLEC's use of the Collocation space or placement of
equipment onto ACBM or into areas containing asbestos identified by
CenturyLink. CenturyLink agrees to provide CLEC reasonable notice prior to
undertaking any asbestos control, abatement, or other activities which may
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disturb asbestos or ACBM that could potentially affect CLEC's equipment or
operations in the Collocation space, including but not limited to the
contamination of such equipment. CenturyLink will not have responsibility or
liability for any damages, expenses, costs, fees, penalties of any kind arising
out of, or in connection with the presence of asbestos in CenturyLink
Premises.
116. MISCELLANEOUS
116.1
116.2
116.3
CLEC warrants that it has had no dealings with any broker or agent in
connection with this Agreement, and covenants to pay, hold harmless and
indemnify CenturyLink from and against any and all cost, expense or liability
for any compensation, commissions and charges claimed by any broker or
agent with respect to this Agreement or the negotiation thereof.
Submission of this instrument for examination or signature by CenturyLink
does not constitute a reservation of or option for license and it is not effective,
as a license or otherwise, until execution and delivery by both CenturyLink
and CLEC.
Neither CenturyLink nor its agents have made any representation or
warranties with respect to the Collocation space of this Agreement except as
expressly set forth herein; no rights, easements, or licenses shall be acquired
by CLEC by implication or otherwise unless expressly set forth herein.
ln the event of work stoppages, CenturyLink may establish separate
entrances for use by personnel of CLEC. CLEC shall comply with any
emergency operating procedures established by CenturyLink to deal with
work stoppages.
116.4
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117. GENERAL PRICING TERMS
117.1
117.2
118.2
1 '18.3
119.2
119.3
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ARTICLE X. PRICING
All prices under this Agreement are set forth in the attachments designated
Table 1 and Table 2 of this Agreement which are hereby incorporated into,
and made a part of, this Agreement. lf this Agreement provides for a service
that does not have a corresponding rate in Table 1 or Table 2, or is not
subject to Section 52, CenturyLink will develop a rate consistent with the
relevant Section.
Subject to the provisions of Section 10, all rates provided under this
Agreement shall remain in effect for the term of this Agreement.
118. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
118.1 lnterconnection. Every lnterconnection and service provided by CenturyLink,
whether direct or indirect, shall be subject to all rates, terms and conditions
contained in this Agreement, which are legitimately related to such
lnterconnection or service, including rates set forth in this Article, as in
applicable Tariffs, or as specified by the lnterconnection terms.
Unbundled Network Elements. The charges that CLEC shall pay to
CenturyLink for Unbundled Network Elements are set forth in Table '1 of this
Agreement.
Collocation. The charges that CLEC shall pay to CenturyLink for Collocation
are set forth in Table 2 of this Agreement.
119. APPLICATION OF NON RECURRING CHARGES
119.1 Pre-ordering:
119.1.1 Account Establishment is a one-time charge applied the first
time that CLEC orders any service from a CenturyLink Affiliate
that is a Party to this Agreement.
119.1.2 Customer Record Search applies when CLEC requests a
summary of the services currently subscribed to by the End User
Customer.
A Service Order Charge for all LSRs (including Number Portability and NID
LSRs) will be applicable when submitting a LSR for any reason other than for
CSR purposes; CSRs will be charged at the CSR rate. The Service Order
Charge covers the administrative order processing costs and is not
associated with the recovery of any technical or materials costs that may be
recovered through other charges. CenturyLink will bill the Service Order
charge for an LSR regardless if the LSR is later supplemented, clarified, or
cancelled.
Custom Handling. These NRCs are in addition to any Pre-ordering or
Ordering and Provisioning NRCs:
1'19.3.1 Service Order Expedite applies if CLEC requests service prior to
the standard due date intervals.
119.3.2 Coordinated Hot Cu" applies when the LSR requests a
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Coordinated Hot Cut, a combined and simultaneous effort
between CenturyLink and CLEC to perform the completion of a
LSR order.
119.3.3 Time and Materials charges apply for non-standard or individual-
case-basis work requested by CLEC.
119.3.4 NID Outside Facility Connection applies in addition to the ISO
when incremental fieldwork is required.
120. NON-RECURRTNG CHARGES (NRCS) FOR RESALE SERVTCES
NRCs, other than those for Pre-ordering and Custom Handling specifically
listed in this attachment, will be charged from the appropriate retailTariff.
For subscriber conversions requiring coordinated cut-over activities,
coordinated hot cut charges will apply on a per order basis in addition to all
other appropriate charges.
121. TO BE DETERMTNED (TBD) PRICES
121.1 Certain provisions in this Agreement and its Appendices and/or Attachments
may simply refer to pricing principles or identify a rate as "to be determined"
or "TBD." lf a provision references a specific rate element in Table 1 or 2 and
there are no corresponding prices or rates in such Table I or 2, such price
shall be considered TBD.
ln the event the Parties are unable to agree upon a price for a TBD item,
CenturyLink will use the Tariffed rate, if one exists, for the most analogous
Tariffed product or service as the interim price. Either Party may then invoke
the dispute resolution process set forth in Article ll to resolve disputes
regarding TBD pricing or the interim price, provided that such dispute
resolution process is invoked no laterthan one (1) year afterthe applicable
interim price is established. Any interim price will be subject to a true-up, not
to exceed one (1)year, once a permanent price is established.
121.2
122. tNDTVIDUAL CASE BASIS PRICING (rCB)
122.1 lndividua! Case Basis (lCB) pricing will be provided by CenturyLink upon
request from CLEC for customer specific rates or terms for network services
and features for UNEs that are not otherwise provided for in this Agreement.
CenturyLink will process ICB Pricing requests upon receipt from CLEC. Price
quote intervals may vary depending upon the complexity of the request but
within thirty (30) Business Days from the receipt of the request. CenturyLink
shall provide a price quote or a notification of the expected date for the quote.
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120.1
120.2
122.2
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122.3 The BFR process in Section 52 must be followed in connection with BFR
requests submitted by CLEC. lrrespective of whether CLEC has submitted a
BRF request, if CenturyLink provides services or facilities to CLEC
that involves expenditures or costs not otherwise covered under this
Agreement, CenturyLink may deem the use of such services or facilities by
CLEC to constitute a BFR request and may provide a quote to CLEC for the
rate or amount to be charged to CLEC for the provision of such services or
facilities, which shall reflect the costs and expenditures of CenturyLink,
including any labor costs, overhead and fixed charges, and which may
include a reasonable contribution to CenturyLink's common costs.
CenturyLink shall not have any obligation to provide or continue providing any
such services or facilities to CLEC until CLEC has confirmed its agreement,
in writing, to compensate CenturyLink for such services and facilities at
quoted rate or amounts.
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ARTICLEXI. MISCELLANEOUS
123. AUTHORIZATION AND AUTHORITY
123.1
123.2
123.3
124. COUNTERPARTS
124.',|
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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. Each Party represents it has had the
opportunity to consult with legal counsel of its choosing, and CLEC has not
relied on CenturyLink's counsel or on representations by CenturyLink's
personnel not specifically contained in this Agreement in entering into this
Agreement.
CenturyLink represents and warrants that it is a validly existing legal entity
and in good standing under the laws of the State and has full power and
authority to execute and deliver this Agreement and to perform its obligations
under this Agreement.
CLEC represents and warrants that it is a validly existing legal entity and in
good standing under the laws of the State, and has full power and authority to
execute and deliver this Agreement and to perform its obligations under this
Agreement.
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one and
the same instrument.
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SIGNATURE PAGE
lN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed and
accepted by its duly authorized representatives.
RGLEC, lnc.CenturyTel of the Gem State, lnc.
dba CenturyLink;
GenturyTel of ldaho, !nc. dba CenturyLink
am"Signature Signature
Bruce Johnson Diane Roth
Name Printed/Typed Name Printedffyped
Secretarv of RCLEC. lnc. Director - Wholesale
Title
LL/L8/2OL5
Date
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Title
LL/L8/20Ls
Date
Signature
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Table 1 - Rates
KEY CODES CenturyTel - ldaho October 201 5
MRC NRC ICA Elements
Account Establisnmsnt Gharge MRC NRG
Account Establishment $224.07
Customor Servics Record Search MRC NRC
CSR - Manual $1 1.67
CSR - Automated $3.23
Resale Discounts MRC NRC
Resale Discount 15.86%
usage File Gharges MRC NR(
vessage lJrovrsronrng, per message $0.000581
uata lransmrssron, per message $0.000000
Media Charqe - per CD (Price reflects shippinq via reoular U.S. Mail)$18.0(
Other Charges MRC NRC
Temporary Suspension of Service for Resale - SUSPEND $0.0(
Temporary Suspension of Service for Resale - RESTORE s21.0(
PIC Change Charge, per change Per Tariff
Joerator Assistance i Directory Assistance tsrandinq rcE
UNE Loop, Tag & Labea, Resale Tag & Label MRC NR(
10005 Tao and Label on a reinstall loop or an existing loop or resale $13.07
Trip Charge MRC NR(
r0007 Trip Charge $27.1
Service Order / lnstallation / Repair !uRc NR(
t0008 Service Order Requests for LSR - Simple $9.2:
10009 Service Order Requests for LSR - Complex $41.0r
r0010 Service Order Requests tor DSR - Directory Listing Only $5.6r
t0014 2-Wire Loop Cooperative Testing $57.22
t0015 4-Wire Looo Coooerative Testinq $70.2!
r0016 Trouble lsolation Charqe $73.3'
3oordinated Conversion (Hot Cut)
iirst Ouarter Hour s1s.3i
Additional Quarter Hour $19.3'
Gustom Handling MRC NRC
=xpeorte unarqes per Access I ann $e.2:
lime and Materials tcB
UNE to Special Access or Special Access to UNE Conversions or Migrations
lincludes EELI
r0018 DS'1 Loop, per circuit $1 00.55
t0019 DS1 Transport, per circuit $1 00.55
DS3 Loop, per circuit $100.s5
)S3 Transport, per circuit $100.55
Unbundled Network Elements (UNE)
Stand Alone NID MR.C NR(
2 Wire s't.29
l Wire $2.s9
f,ther NID Sizes tcB
\lD Outside Facilities Connection tcE
CenturyTel- ldaho Page 1
DocuSign Envelope lD: 28't 5A68C-53F8-4DBA-BA22-41 A4DBS3FSFE
Table 1 - Rates
MRC NRC ICA Elements
,oop Make-Up lnformation $11.0€
z-Wire Analos
10020 3and 'l $85.2!
oo21 3and 2 $31r.1
oo22 3and 3 $349.7I
oo27 First Line $115.45
0028 Second Line and Each Additional Line (same time)$32.45
0029 Re-install (cut Thru and uedicated/vacant)$s4.73
0030 Disconnect $59.67
l-Wiro Analos
0031 Sand 1 $159.3C
0032 land 2 0564.5t
0033 3and 3 s582.9,(
0038 First Line $138.4S
0039 Second Line and Each Additional Line (same time)$55.43
0040 Re-install (Cut Thru and DedicatedA/acant)$74.90
0041 Disconnect $59.67
z-wire xDsL - uaDaDle LooD
0042 Band 'l $85.2!
0043 Band 2 $31r.1(
004/.Band 3 $349.7!
10049 First Line $118.1S
t0050 Second Line and Each Additional Line (same time)t35.20
t0051 Re-install (Cut Thru and Dedicatedfuacant)s54.79
t0052 Disconnect $s9.67
z-Wire Digital Loop
t0064 Band 'l $85.25
t0065 Band2 $311.16
t0066 Band 3 $349.75
10071 First Line $1 18.19
loo72 Second Line and Each Additional Line (same time)s35.20
t0073 Disconnect $59.67
2-Wire ISDN-BRI Digital Loop
too74 State-wide $222.86
10081 First Line $1r8.19
t0082 Second Line and Each Additional Line (same time)$35.20
t0083 Disconnect $s9.67
Dioital 56U64k Looo
t0094 State-wide $113.88
t010'l First Line 9274.09
to't02 Second Line and Each Additional Line (same time)sl91.10
t0103 Disconnect $59.67
DSI Service
r0104 Band 1 s117.48
10105 Band 2 $202.65
t0106 Band 3 $720.0s
t01 11 First Line s38r.10
to112 Second Line and Each Additional Line (same time)$298.1 0
t01 13 Disconnect $59.67
CenturyTel- ldaho Page2
DocuSign Envelope lD: 281 5A68C-53FB-4DBA-BM2-41 A4DB53FSFE
Table't - Rates
MRC NRG lCA Elements
DS3 Service
Add DS3 to existinq fiber svstem lCE $147.88
Disconnect $26.04
Sub-Loops lnterconnection (Stub Cable)ICE
2 Wire Voice Grade and Dagatal Oata Dlstribution
to't14 Band 1 $3r.05
101 15 Band2 $71.17
101 16 Band 3 $120.s!
to't21 First Line t119.93
t0122 Second Line and Each Additional Line (same time)$36.93
10123 Disconnect s63.18
z-Wire Analog
t0020 Band 1 $291.43
loo27 First Line $11s.45
10028 Secono Ltne ano tracn Aootltonat Ltne (same ltmet $32.45
r0029 Re-install (Cut Thru and Dedicated/Vacant)$s4.79
r0030 Disconnect $59.67
{-Wire Analog
r0031 Band 1 $592.8t
t0038 First Line $r38.49
t003s Second Line and Each Additional Line (same time)$55.49
10040 Re-install (cut Thru and Dedicated/vacant)$74.90
10041 Disconnect $59.67
2-Wire xDSL - CaDable Loop
too42 Band'l $29't.43
t0049 First Line tl 18.19
10050 Second Line and Each Additional Line (same time)$35.20
t0051 Re.install (Cut Thru and DedicatedA/acant)s54.79
t0052 Disconnect $59.67
z-Wire Digital Loop
t0064 Band 1 $29r.43
10071 First Line s118.r9
too72 Second Line and Each Additional Line (same time)$35.20
10073 Disconnect $59.67
2-Wire ISDN-BRI Digital Loop
too74 Band 1 t697.63
t0081 First Line $118.19
10082 Second Line and Each Additional Line (same time)$35.20
10083 Disconnect $59.67
Digital 56U64k Loop
10094 3and 1 $291.43
t0101 First Line $274.09
to102 second Line and Each Additional Line (same time)$191.10
t0103 Disconnect $59.67
DSI Service
t0104 3and 1 $330.67
0111 First Line $381.10
CenturyTel- ldaho Page 3
DocuSign Envelope lD: 281 5A68C-53F8-4DBA-BA22-41 A4DB53F5FE
Table 1 - Rates
MRC NRC ICA Elements
0112 Second Line and Each Additional Line (same time)$298.10
01 13 Disconnect $59.67
DS3 Service
Add DS3 to existinq fiber system lcE s147.88
Disconnect $26.04
Sub-Loops lnterconnection (Stub Cable)tcE
2 Wire Voice Grade and Diqital Data Dlstribution
0114 Band 1 $93.2(
0121 First Line $r19.93
0122 Second Line and Each Additional Line (same time)s36.93
0123 Disconnect $63.18
Load Coil Removal for all Digital UNE and xDSL-Capable loops that are less than
18,000 feet in length - per line conditioned (No Engineering or Trip charges -
price reflects 25 pair economies)$7.08
Load Coil Removal: Loops 18kft or longer
0219 onditionlno Enoineerino Charoe - Der looo $73.70
0220 londitioning Trip Charge - per loop s27.1
0221 Jnload cable pair, per Underqround location $174.82
0222 Jnload Addt'l cable pair, UG same time, same location and cable $1.0c
0223 Jnload cable oair. oer Aerial Location $72.30
0224 Jnload Addt'l cable oair, AE or BU. same time. location and cable $1.0c
0225 Jnload cable oair. oer Buried Location $102.65
Bridged Tap or Repeater Removal - Any Loop Length
(The following charges apply to all loops of any length that require Bridged
Tap or Repeater removal.)
0232 Remove Bridqed Tap or Repeater, per Underqround Location sl75.1 1
0226 Remove each Addt'l Bridged Tap or Repeater, UG same time, location and cable $1.0t
0227 Remove Bridoed Tap or Repeater, per Aerial Location $72.30
0228 Remove each Addt'l Bridged Tap or Repeater, AE or BU same time, location and cable $'1.0c
0231 Remove Bridoed Tap or Repeater, per Buried Location $102.94
DSI
Recurring Fixed $18.3r
Recuning per Mile $105.62
NRC $103.&
Disconnect $26.04
DS3
Recurring Fixed $354.9(
xecumng per Mlle s2,564.22
NRC $103./t4
Disconnect $26.04
Multiolexinq elements are onlv relovant in coniunction with UNE transport.
01 34 01 35 Multiplexing - DS1-DS0 (per DSI ) - (Shelf only, rate does not include cards)$92.03 $103./t4
DS1-DS0 Disconnect $26.04
CenturyTel- ldaho Page 4
DocuSign Envelope I D: 2B 1 5A6BC-53F8-4DBA-8A22-41 A4DB53F 5F E
Table'1 - Rates
KEY CODES UentUrYlg . l0tllo October 201 5
MRC NRC ICA Elements
t0136 10137 Vultiplexing - DS3-DS1 (per DS3)$262.0C $103.,1.4
DS3-DS1 Disconnect $26.04
Unbundled Dark Fiber Transport ItRC NRC
Oark Fiber Application & Quote Preparation Charge $257.23
Note: These elements are calculated and billed manually using one price per USOC
and COS. Detail is provided by the DFA form returned to the customer.
fransport
nterottrce, per IooI per TrDer - Slalewroe Average $0.01 0€
Additional Charges Applicable to Transport
Fiber Patch Cord, per fiber $0.37
Fiber Patch Panel, per fiber s1.65
Central Office lnterconnection,'1-4 Patch Cords per CO - lnstall or Disconnect $268.96
Dark Fiber End{o-End Testing, lnitial Strand $93.s3
Dark Fiber Endto-End Testino. Subseouent Strand $26.14
EEL Combinations MRC NRC
Enhanced Extended Link (EEL) is a combination of Loop, Transport and
Multiplexing (when applicable). Refer to the specific UNE section (transport,
loop, multiplexing) in this document to obtain pricing for each specific
element.
See Rate Element / Service Order / lnstallation/Repair Center section of this
price sheet for EEL Conversion Charges.
INTERGARRIER COMPENSATION
tnterconnec$on Fac[tBes - Iuu3 MRC NRC
Local lnterconnection Entrance Facilitv
DS1 $117.48 $381.10
Disconnect $s9.67
DS3 tcB rcB
lnlerconnec'tion Facililies - Tl48'MRC NRC
Local lnterconnection Entrance Facility
DSI $330.67 s381.10
Disconnect $s9.67
DS3 tcB tcB
tnterconnecuon FacIItUos ; utrect trunk transDort MRC NRC
DS1 $103./+4
Fixed $18.31
Per Mile $1 05.62
Disconnect $26.04
DS3 $103.44
Fixed $354.90
Per Mile $2,564.22
Disconnect $26.04
lnterconnection Facilities - MultiplexinE MRC NRC
)S1-DSo (per DSI ) - (Shelf only, rate does not include cards)s92.03 S103./+4
Disconnecl $26.04
fS3-DS1 (per DS3)$262.00 $103.44
Disconnecl $26.04
Reciprocal Compensation MRC NRC
nd Office - per MOU Bill and Keep
landem Switching - per MOU Bill and Keep
CenturyTel- ldaho Page 5
DocuSign Envelope lD: 28'1 5A68C-53F8-4DBA-8A22-41 A4DB53F 5F E
Table 1 - Rates
KEY CODES Uenwrylel . toano October 20'l I
MRC NRC IGA Elements
Common Transport - per MOU Bill and Keer
uommon I ranspon lor lnorrecl NeMorK uonneclron - per MUU $0.00002:
,U1{ji}.*t*1iwW
VNXX Traffic - CTL Originating Access Rates
CenturyLink's
lnterstate or
lntrastate Access
Tariff
fransit SerYIce MRT NK(
Transit Service Charge - per MoU $0.00s(
lOll.Y(IIP-'!,SlN lraElc MRC NR(
Toll VolP-PSTN Traffic
CenturyLink's
lnterstate or
lntrastate Access
Tariff
GenturyLink's
lnterstate or
lntrastate Access
Tariff
acility PVU 00/,
Database MRC NK(,
Local Number Portability query (LNP)
Per lnterstate
Tariff
Per lnterstate
Tariff
Toll Free Code query (TFC) - Simple
Per lnterstate
Tariff
Per lnterstate
Tariff
Toll Free Code query (TFC) - Complex Additive
Per lnterstate
Tariff
Per lnterstate
Tariff
Line lnformation Database query (LIDB)
Per lnterstate
Tariff
Per lnterstate
Tariff
Line lnformation Database query transport (LIDB)
Per lnterstate
Tariff
Per lnterstate
Tariff
Dlrect6rv Serviceg uR(NRC
Directory - Premium & Privacy Listings
Refer to
Applicable Retail
Tariff
Ad Hoc (Each Additional ) Galley $'t 50.00
Directory Listings - (if CLEC not purchasing UNE Loops or Resale Services)$0.0(
Routine Modificafon Of Fdcilities iltRC NRC
Rearranoement of Cable
Rearranqement of Up to 3 Patrs per UNE Loop Ordered
lncluded in Loop
NRC
Rearrangements Requiring More Than 3 Pairs per UNE Loop Ordered tcB
Repeater/Doubler lnstallation Cost (incl. 4 slot housing and 'l card), per
location
1. Repeater Equipment Case w/ Repeater Card (for T-1 applications):
Where Special Construction Does Not Apply (Card lnstallation Only)
lncluded in Loop
MRC
lncluded in Loop
NRC
t0229 Where Special Construction Applies, Non Recurrinq Charqe $2,030.82
2. Doubler Equipment Case w/ Doubler Card (for HDSL applications)
Where Special Construction Does Not Apply (Card lnstallation Only)
lncluded in Loop
MRC
lncluded in LooS
NRC
r0230 Where Special Construction Applies, Non Recurrino Charoe $2,274.94
Smart Jack
lncluded in Loop
MRC
lncluded in Loop
NRC
CenturyTel- ldaho Page 6
DocuSign Envelope lD: 28l 5A68C-53F8-4DBA-BM2-41A4DB53F5FE
Table 1 - Rates
MRG NR,C ICA Elements
Line Card lnstallation
lncluded in Loop
MRC
lncluded in Loot
NRC
Multiplexinq
lncluded in Loop
MRC
lncluded in Lootr
NRC
Note: Multiplexer pricing available through Enhanced Extended Loop (EELS)
acilitv leases
rrocessinq Fee s't.585.07
CenturyTel- ldaho Page 7
DocuSign Envelope lD: 2B1 5A68G53FB-4DBA-8A22-41A4DBS3FSFE
Tablel-LoopBands
Exchanqe Name CLLI Band
T-148
T-148
T-148
T-'t48
Bruneau-Grasmere Riddle
Grasmere-Riddle
Grand View
Richfield
BRUNIDXC
GRRLID)(A
GRVWIDXC
RCFDIDXC
1
1
1
1
CenturyTel- ldaho Page 8
DocuSign Envelope lD: 2B'1 5A6BC-53FB-4DBA-8A22-41 A4DB53F sFE
Table 2 - Collocation
KEY CODES CenturyTel - ldaho October 201 5
MRC NRC Physical and Virtual Collocation Elements
Administrative, Etgineering and Project Management Fees MRC NR(
New Collocation - Application Fee $2,661.1
New Collocation - Admin-, Transm. Engr. & Project Management Fee $5.689.77
Mrnor Auoment Fee $7s0.s2
Minor Auqment - Administrative & Proiect Manaqement Fee $7ss.2:
Minor Auoment - Transmission Enoineerino Fee $526.91
Major Augment Fee $1,566.2!
Major Augment - Administrative & Prolect Management Fee s1.960.23
Major Augment - Transmission Engineering Fee $1,t47.7!
Space Report (per wire center)$893.6'
SsCurity Cage Construction iltf(c NRC
Securitv Caqe - Enqineerinq $495.35
Securitv Caqe - Construction (Cost per Linear Foot)$46.64
Floor Space MRC NRC
Floor Space (Per Square Foot)s7.45
DC Power MRC NRC
Power Costs - Per Load Ampere Ordered
Power Costs - Connection to Power Plant up to 30 Amps $19.0S $1.564.71
Power Costs - Connection to Power Plant 31-60 Amps $29.42 $2.499.21
Power Costs - Connection to Power Plant 61-100 Amos $89.74 $8,400.18
Add Per Foot Over '1 10 Linear Feet $1.65 $162.02
Power Costs - Connection to Power Plant 10'l-200 Amps $194.52 $18,495.89
Add Per Foot Over '1 '10 Linear Feet $s.11 $306.18
AG Power uRc NRC
Cost per AC Outlet lnstallation (per outlet 20 amps) (non-load use)$1,056.79
Cost per Set of Overhead Lights $1,549.31
Grose Gonnoct Facilities MRC NRC
DSO Switchboard Cable Per 100-Pr $29.84
DSO Co-Carrier Switchboard Cable Pe|l00 Pr.$6.87 $684.04
DS1 Cross Connect (Per 28 pack of DSls)$39.28
DS1 Co-Carrier Cross Connect (Per 28 pack of DSls)$7.37 $587.39
DS3 Cross Connect (Per'12 pack of DS3s)$189.09
)S3 Co-Carrier Cross Connect (Per 12 pack of DS3s)$15.06 $1,746.91
Sptical Cross-Connect Per 4 Fibers $15.77
Cptical Cross-Connect Co-Carrier Per 4 Fibers $9.84 $233.09
lnternal Cable Space - Per 48 f-iber Cable $30.87
lnternal Cable Space - Per 100 Pr Copper Stub Cable $20.5s
lnternal Cable - 48 Fiber $39.98 $1 ,191.93
lnternal Cable - Per 100-Pr Copper Stub Cable $41.77 $177.56
Security Card MRC NRC
iecuntv uaro - Her uaro $1s.00
Addifional LaDor Gharoes lvlnual or Ph\rsacall MRC NRC
Additional Labor 114 hour CO Technician - Reqular s18.62
Additional Labor 114 hour CO Technician - Overtime $27.93
\dditional Labor 114 hour CO Technician - Premium s37.24
qdditional Labor 114 hour CO Enoineer s15.12
\dditional Labor 114 hour OSP Technician - Reqular $18.62
Additional Labor 114 hour OSP Technician - Overtime $27.93
\dditional Labor 114 hour OSP Technician - Premium $37.24
\dditional Labor 114 hour OSP Enqineer $14.21
Adiacent On-Site Collocation MRC NRC
\ll Elements tcB
CenturyTel- ldaho Page 1
DocuSign Envelope lD: 2B1 5A68G53FB-4DBA-8A22-41A4DB53F5FE
Table2 - Collocation
MRC NRC PhyElcal and Vlrtual Collocatlon Elements
All Elements tcB
CenturyTel- ldaho