20070411Application.pdf

P.O. Box 9901
Vancouver; WA 98668-8701
Jackie Phillips
Regional Director-Carrier Relations
805 Broadway
Vancouver, WA 98660 1 !;: :. \ !i! !:!:~~ E CEN~TEL
Tel: [phone]
Fax: [phone]
j ackie. phillips(fYcenturytel. com
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April 10, 2007
VIA OVERNIGHT MAIL r;;s ~~'O'7 -0 t
Mrs. Jean Jewell
Secretary to the Commission
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
RE:Local Interconnection Agreement between CenturyTel of the Gem State, Inc. and
Level 3 Communications, LLC
Dear Mrs. Jewell:
CenturyTel of the Gem State, Inc. ("CenturyTel") hereby submits for approval by the
Idaho Public Utilities Commission ("Commission ) the enclosed Interconnection
Agreement ("Agreement") which provides for interconnection and traffic exchange
between CenturyTel and Level 3 Communications, LLC ("Level 3"). 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") and the requirements of
Idaho Administrative Code, 31.42., Rule 408.
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 thereof) discriminates against a telecommunications
carrier not a party to the agreement, or
the implementation of such agreement or portion is not consistent with the public
interest, convenience and necessity.
CenturyTel respectfully submits that the Agreement provides no basis for either of these
findings, and therefore requests that the Commission approve the Agreement
expeditiously. First, the Agreement does not discriminate against any other
telecommunications carrier because CenturyTel has made the terms of the Agreement
available to other carriers. Second, the Agreement is consistent with the public interest as
identified in the pro-competitive policies of the State ofldaho, the Commission, the u.S.
805 Broadway
Vancouver; WA 98668
Mrs. Jean Jewell
April 10, 2007
Page 2
Congress and the Federal Communications Commission. The Agreement will enable the
local connection to provide service to, and interconnect with, a greater number of
telecommunications customers in Idaho. Expeditious approval of this Agreement will
facilitate immediate competition in the telecommunications market.
CenturyTel further requests that the Commission approve this Agreement without a
hearing and without allowing the intervention of other parties. Because this Agreement
was reached through voluntary negotiations, it does not raise issues requiring a hearing
and does not concern other parties not a part of the negotiations. Expeditious approval
would further the public interest.
Enclosed are an original and seven copies of this filing as specified in IDAP
31.01.01(061)(01)( c).
If you have any questions regarding this matter, please contact me per the information
included above.
Very truly yours
QhL-i
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Jackie Phillips
Regional Director-Carrier Relations
cc: Theresa Montoya (w/o enclosures)
Enclosures
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CenturyTel of the Gem State, Inc.
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AND
LEVEL 3 COMMUNICATIONS, LLC
IN THE STATE OF IDAHO
CTLoftheGEM STATE FINAL030107
This Traffic Exchange Agreement (the "Agreement") is by and between CenturyTel of the Gem
State, Inc., with the address for purposes of this Agreement at 100 CenturyTel Drive, Momoe
Louisiana 71203 ("CenturyTel"), and Level 3 Communications, LLC ("Level 3"), in its capacity
as a certified Provider of local two-way wireline dial-tone service, with its address for this
Agreement at 1025 Eldorado Boulevard, Broomfield, CO, 80021. (CenturyTel and Level 3 being
referred to collectively as the "Parties" and individually as a "Party ). This Agreement covers
services in the State of Idaho only (the "State
WHEREAS , connection between Local Exchange Carriers (LECs) is necessary and desirable for
the mutual exchange and termination of traffic originating on each LEC's network; and
WHEREAS , the Parties desire to exchange such traffic and related signaling in a technically and
economically efficient manner at defined and mutually agreed upon connection points; and
WHEREAS , the Parties wish to enter into an agreement to interconnect their respective
telecommunications networks on terms that are fair and equitable to both Parties; and
WHEREAS , Section 251 of the Telecommunications Act of 1996 (the "Act") imposes specific
obligations on LECs with respect to the interconnection of their networks;
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
CenturyTel and Level 3 hereby covenant and agree as follows:
ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one another within
each area in which they both operate within the State for purposes of connection and the
exchange of Local Traffic between their respective end-user customers. This Agreement is an
integrated package that reflects a balancing of interests critical to the Parties. The Parties agree
that their entrance into this Agreement is without prejudice to and does not waive any positions
they may have taken previously, or may take in the future, in any legislative, regulatory, judicial
or other public forum addressing any matters, including matters related to the same types of
arrangements and/or matters related to CenturyTel's cost recovery covered in this Agreement.
Level 3 agrees to negotiate reciprocal terms and conditions with CenturyTel based on this
Agreement.
The services and facilities to be provided to Level 3 by CenturyTel in satisfaction of this
Agreement may be provided pursuant to CenturyTel tariffs and then current practices. Should
such services and facilities be modified by tariff or by Order, including any modifications
resulting from other Commission proceedings, federal court review or other judicial action, and
unless otherwise specified herein, such modifications will be deemed to automatically supersede
any rates and terms and conditions of this Agreement. The Parties shall cooperate with one
another for the purpose of incorporating required modifications into this Agreement.
CenturyTel represents and warrants that it is a "rural telephone company" as that term is defined
in the Act, 47 u.S.C. 153. Pursuant to Section 251 (f)(l) of the Act, CenturyTel is exempt from
Section 251 (c) of the Act. Notwithstanding such exemption, CenturyTel has entered into and
accepted this Agreement for purposes of exchanging local traffic, as defined in Article IV
Section 3 herein, with CLEc. CenturyTel's execution of the Agreement does not in any way
constitute a waiver or limitation of Century Tel's rights under Section 251 (f)(l) or 251 (f)(2) of
the Act. Accordingly, CenturyTel expressly reserves the right to assert its right to an exemption
or waiver and modification of Section 251 (c) of the Act, in response to other requests for
interconnection by CLEC or any other carrier.
ARTICLE II
DEFINITIONS
General Definitions.
Except as otherwise specified herein, in case of any interpretation question, the standarddefinitions in CenturyTel's Section 251 Interconnection agreement template as set forthin Appendix B attached to this Agreement and made a part hereof shall apply to all
Articles and Appendices contained in this Agreement. Additional definitions that arespecific to the matters covered in a particular Article may appear in that Article. To theextent that there may be any conflict between a definition set forth in Appendix B and
any definition in a specific Article or Appendix, the definition set forth in the specificArticle or Appendix shall control with respect to that Article or Appendix.
ARTICLE III
GENERAL PROVISIONS
Scope of General Provisions.
Except as may otherwise be set forth in a particular Article or Appendix of this
Agreement, in which case the provisions of such Article or Appendix shall control, these
General Provisions apply to all Articles and Appendices ofthis Agreement.
Term and Termination.
2.2
Term.
Subject to the termination provisions contained in this Agreement, the term of this
Agreement shall be for a period of two (2) years from the Effective Date of this
Agreement as defined in Section 36. This Agreement shall not continue past the
then-current term unless CenturyTel gives Level 3 written notice of an offered
extension period, which extension shall be effective at the end of the then-current
term ("Termination Date ). Level 3 must agree in writing notice of extension
from CenturyTel, to ensure a continuing relationship, Level 3 shall request
negotiation for a new agreement no later than 180 days prior to the Termination
Date. Level 3 may at any time request that CenturyTel extend this Agreementpast the Termination Date but CenturyTel reserves the right to deny such a
request and require negotiation of a new agreement pursuant to Sec 251 (c)(l)
Title 47 of the U. S. Code.
Post Termination Arrangements.
Except in the case of termination as a result of either Party s Default under
Section 2.3 below, or a termination upon sale, pursuant to Section 2., for service
arrangements made available under this Agreement and existing at the time of
termination, those arrangements may continue:
(a)As if under this Agreement, if either Party has requested negotiations for a
new agreement, (i) until this Agreement has been replaced by a new
agreement, or (ii) for up to one hundred eighty (180) calendar days
following the Termination Date, whichever is earlier.
If this Agreement is not continued pursuant to subsection (a) preceding
under (i) a new agreement voluntarily executed by the Parties; (ii)
standard terms and conditions approved and made generally effective by
the Commission, if any; (iii) tariff terms and conditions made generally
available to all Local Providers.
(b)
Termination Upon Default.
Either Party may terminate this Agreement in whole or in part in the event of adefault by the other Party; provided however that the non-defaulting Party
notifies the defaulting party in writing of the alleged default and that thedefaulting Party does not cure the alleged default within twenty (20) Business
2.4
Days of receipt of written notice thereof. Following CenturyTel's notice to Level3 of its Default, CenturyTel shall not be required to process new service orders
until the Default is timely cured. Default is defined to include:
(a)A Party s insolvency or the initiation of bankruptcy or receivership
proceedings by or against the Party; or
A Party s Certificate of Operating Authority has been revoked by the
Commission, or
(b)
(c)A Party s refusal or failure in any material respect properly to perform its
obligations under this Agreement, or the violation of any of the materialterms or conditions of this Agreement.
Termination Upon Ordering and Implementation Inactivity.
Notwithstanding anything to the contrary contained herein, CenturyTel mayterminate this Agreement in the event Level 3 has not (a) placed any initial orders
for any of the services to be provided pursuant to this Agreement and (b)implemented any said services to Level 3 customers within one (1) year from theEffective Date of this Agreement.
Termination Upon Sale.
Notwithstanding anything to the contrary contained herein, a Party may terminatethis 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. The selling ortransferring Party shall provide the other Party with at least sixty (60) Business
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 releaseeither Party from any liability which at the time of termination had alreadyaccrued to the other Party or which thereafter accrues in any respect to any act or
omission occurring prior to the termination or from an obligation which isexpressly stated in this Agreement to survive termination.
Amendments.
Any amendment, modification, or supplement to this Agreement must be in writing and
signed by an authorized representative of each Party. The term "this Agreement" shallinclude future amendments, modifications, and supplements.
Assignment.
Any assignment by either Party of any right, obligation, or duty, in whole or in part, or ofany interest, without the written consent of the other Party shall be void, except thateither Party may assign all of its rights, and delegate its obligations, liabilities and dutiesunder this Agreement, either in whole or in part, to any entity that is, or that was
immediately preceding such assignment, a Subsidiary or Affiliate of that Party withoutconsent, but with written notification. The effectiveness of an assignment shall be
conditioned upon the assignee s written assumption of the rights, obligations, and dutiesof the assigning Party, and the other Party being reasonably satisfied that the assignee isable to fulfill the assignor s obligations hereunder.
Authority.
Each person whose signature appears on this Agreement represents and warrants that heor she has authority to bind the Party on whose behalf he or she has executed thisAgreement. Each Party represents he or she has had the opportunity to consult with legalcounsel of his or her choosing and Level 3 has not relied on CenturyTel counselor on
representations by CenturyTel personnel not specifically contained in this Agreement, inentering into this Agreement
Responsibility for Payment.
CenturyTel may charge Level 3 and Level 3 will pay CenturyTel a deposit beforeCenturyTel is required to perform under this agreement, if CenturyTel so deems a depositappropriate after examination of Level 3's payment and/or credit history. Such depositwill be calculated based on CenturyTel's estimated two-month charges to Level 3.Deposits may be modified from time to time based on actual billing history and the credit
rating of Level 3. Interest will be paid on the deposit in accordance with staterequirements for end user deposits.
CLEC Profile.
Before direct connection orders can be taken, the CLEC Profile in the form provided byCenturyTel must be completed by Level 3 and returned to CenturyTel; and, if required
by CenturyTel, an advanced deposit paid. Among other things Level 3 will provide
CenturyTel with its Operating Company Number (OCN), Company Code (Ce), andCustomer Carrier Name Abbreviation (CCNA) as described in the CenturyTel ServiceGuide. Level 3 agrees to warrant to CenturyTel that it is a certified provider of
telecommunications service in the State. Level 3 will document its Certificate of
Operating Authority on the CLEC Profile and agrees to promptly update this CLECProfile as required to reflect its current certification.
Contact Exchange.
The Parties agree to exchange and to update contact and referral numbers for orderinquiry, trouble reporting, billing inquiries, and information required to comply with law
enforcement and other security agencies of the local, State and Federal governments.
Ordering and Electronic Interface.
Manual interface is currently being used for Level 3 to order services, and it includesfacsimile orders and E-mail orders in accordance with the CenturyTel Service Guide.
Conventional electronic ordering interface is not currently available. If CenturyTellater
makes electronic interface ordering available to Level 3 , then the Parties agree that, to the
extent practicable, electronic interface will be used by Level 3 for ordering services andmanual interface will be discontinued unless this is impracticable.
Billing and Payment.
Except as provided elsewhere in this Agreement and where applicable, in conformancewith Multiple Exchange Carrier Access Billing (MECAB) guidelines and MultipleExchange Carriers Ordering and Design Guidelines for Access Services-Industry Support
10.
Interface (MECOD), Level 3 and CenturyTel agree to exchange all information toaccurately, reliably, and properly order and bill for features, functions and services
rendered under this Agreement.
10.
10.2
10.
10.4
10.
Back Billing.
Neither Party will bill the other Party for previously unbilled charges for services
that were provided longer ago than one (1) year or the applicable Federal or State
statute of limitations, whichever is longer.
Dispute.
If one Party disputes a billing statement issued by the other Party, the billed Party
shall notify Provider in writing regarding the nature and the basis of the dispute
within twenty (20) Business Days of the bill date or the dispute shall be waived
subject to any State regulatory requirements. The Parties shall diligently worktoward resolution of all billing issues. Notwithstanding the foregoing, if Provider
notifies Party of the unpaid charges the dispute provisions thereof shall prevail.
Late Payment Charge.
If any undisputed amount due on the billing statement is not received by Provider
on the payment due date, Provider shall calculate and assess, and Customer agreesto pay, at Provider s option, a charge on the past due balance at an interest rateequal to the amount of 1 Y2% charge per month, or the maximum nonusurious rateof interest under applicable law. Such late payment charges shall be included on
the Provider s next statement.
Due Date.
Payment is due thirty (30) calendar days from the bill date.
Audits.
10.1 In General
Either Party may conduct an audit of the other Party s books and records
pertaining to the Services provided under this Agreement, no morefrequently than once per twelve (12) month period, to evaluate the otherPartys accuracy of billing, data and invoicing in accordance with this
Agreement. Any audit shall be performed as follows: (i) following at least
thirty (30) Business Days' prior written notice to the audited Party;(ii) subject to the reasonable scheduling requirements and limitations of
the audited Party; (iii) at the auditing Party s sole cost and expense; (iv) of
a reasonable scope and duration; (v) in a manner so as not to interfere with
the audited Party s business operations; and (vi) in compliance with the
audited Party s security rules.
10.Traffic Audits.
On twenty (20) Business Days written notice, each Party must provide theother the ability and opportunity to conduct an annual audit to ensure the
proper billing of traffic. CTOC and Level 3 shall retain records of call
detail for a minimum of nine months from which a PLU and/or Pill can
be ascertained. The audit shall be accomplished during normal business
hours at an office designated by the Party being audited. Audit requests
shall not be submitted more frequently than one (1) time per calendar
year. Audits shall be performed by a mutually acceptable independent
auditory paid for by the Party requesting the audit. The PLU and/or Pill
shall be adjusted based upon the audit results and shall apply to the usage
for the quarter the audit was completed, to the usage for the quarter prior
to the completion of the audit, and to the usage for the two quarters
following the completion of the audit. If, as a result of an audit either
Party is found to have overstated the PLU and/or Pill by twenty
percentage points (20%) or more, that Party shall reimburse the auditing
Party for the cost of the audit.
11.Binding Effect.
This Agreement shall be binding on and inure to the benefit of the respective successors
and permitted assigns of the Parties.
12.Capacity Planning and Forecasting.
Within twenty (20) Business 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 planningand forecasting responsibilities which are applicable to, number portability and
interconnection services. CenturyTel may delay processing Level 3 service orders should
the Parties not perform obligations as specified in this Section 12. Such responsibilities
shall include but are not limited to the following:
12.The Parties will establish periodic reviews of network and technology plans and
will notify one another no later than six (6) months in advance of changes that
would impact either Party s provision of services.
12.Level 3 will furnish to CenturyTel information that provides for statewide annual
forecasts of order activity, in-service quantity forecasts, and facility/demand
forecasts.
12.The Parties will develop joint forecasting responsibilities for traffic utilization
over trunk groups and yearly forecasted trunk quantities as set forth in Article IV.
12.4 Level 3 shall notify CenturyTel promptly of changes greater than ten percent
(10%) to current forecasts (increase or decrease) that generate a shift in the
demand curve for the following forecasting period. Level 3 orders that exceed the
capacity of the Level3's forecast shall only be filled by CenturyTel to the extent
the requested capacity is Currently Available.
12.CenturyTel reserves the right to condition the fulfillment of additional service
orders on satisfactory Level 3 fill rates in previously ordered capacity, or on Level
3 payment for all of the additional capacity absent satisfactory fill rates.
12.CenturyTel reserves the right to assess Level 3 a stranded plant or discontinued
service order charge for capacity forecast by Level 3 but then not used by Level 3
to the extent that CenturyTel built the plant based on Level 3'order.
13.
14.
Compliance with Laws and Regulations.
Each Party shall comply with all federal, state, and local statutes, regulations, rulesordinances, judicial decisions, and administrative rulings applicable to its performanceunder this Agreement.
Confidential Information.
14.Identification.
Either Party may disclose to the other proprietary or confidential customertechnical, or business information in written, graphic, oral or other tangible orintangible forms ("Confidential Information ). In order for information to beconsidered Confidential Information under this Agreement, it must be markedConfidential" or "Proprietary," or bear a marking of similar import. Orally orvisually disclosed information shall be deemed Confidential Information only ifcontemporaneously identified as such and reduced to writing and delivered to the
other Party with a statement or marking of confidentiality within thirty (30)calendar days after oral or visual disclosure.
Notwithstanding the foregoing, preorders and all orders for services placed by
Level 3 pursuant to this Agreement, and information that would constitutecustomer proprietary network information of Level 3 end user customers pursuant
to the Act and the rules and regulations of the FCC, as well as recorded usageinformation with respect to Level 3 end users, whether disclosed by Level 3 toCenturyTel or otherwise acquired by CenturyTel in the course of its performance
under this Agreement.
14.Handling.
In order to protect such Confidential Information from improper disclosure, each
Party agrees:
(a)That all Confidential Information shall be and shall remain the exclusive
property of the source;
To limit access to such Confidential Information to authorized employeeswho have a need to know the Confidential Information for performance of
this Agreement;
(b)
(c)To keep such Confidential Information confidential and to use the same
level of care to prevent disclosure or unauthorized use of the receivedConfidential Information as it exercises in protecting its own Confidential
Information of a similar nature;
(d)Not to copy, publish, or disclose such Confidential Information to others
or authorize anyone else to copy, publish, or disclose such ConfidentialInformation to others without the prior written approval ofthe source;
(e)To return promptly any copies of such Confidential Information to thesource at its request; and
(f)To use such Confidential Information only for purposes of fulfilling work
or services performed hereunder and for other purposes only upon such
terms as may be agreed upon between the Parties in writing.
18.
14.Exceptions.
These obligations shall not apply to any Confidential Information that was legally
in the recipient's possession prior to receipt from the source, was received in good
faith from a third party not subject to a confidential obligation to the source, now
is or later becomes publicly known through no breach of confidential obligation
by the recipient, was developed by the recipient without the developing persons
having access to any of the Confidential Information received in confidence from
the source, or that is required to be disclosed pursuant to subpoena or other
process issued by a court or administrative agency having appropriate jurisdiction
provided, however, that the recipient shall give prior notice to the source and shall
reasonably cooperate if the source deems it necessary to seek protective
arrangements.
14.4 Survival.
The obligation of confidentiality and use with respect to Confidential Information
disclosed by one Party to the other shall survive any termination of this
Agreement for a period of three (3) years from the date of the initial disclosure of
the Confidential Information.
15.Consent.
Where consent notice, approval, mutual agreement, or similar action is permitted or
required of a Party by any provision of this Agreement, it shall not be conditionalumeasonably withheld, or delayed.
16.Fraud.
Level 3 assumes responsibility for all fraud associated with its end-user customers and
accounts. CenturyTel shall bear no responsibility for, nor is it required to investigate or
make adjustments to Level3's account in cases of fraud.
17.Reimbursement of Expenses.
In performing under this Agreement CenturyTel may be required to make expenditures or
otherwise incur costs that are not otherwise reimbursed under this Agreement. In suchevent CenturyTel is entitled to reimbursement from Level 3 for all such costs. For allsuch costs and expenses CenturyTel shall receive through non-recurring charges
NRCs ) the actual costs and expenses incurred, including labor costs and expenses
overhead and fixed charges, and may include a reasonable contribution to CenturyTel'
common costs.
Dispute Resolution.
18.Alternative to Litigation.
Except for the approval of this Agreement by the Commission, the Parties desireto resolve disputes arising out of or relating to this Agreement without litigation.
Accordingly, except for action seeking a temporary restraining order or an
18.
18.
injunction related to the purposes of this Agreement, or suit to compel compliancewith this dispute resolution process, the Parties agree to use the following
alternative dispute resolution procedures as the sole remedy with respect to any
controversy or claim arising out of or relating to this Agreement or its breach.
Negotiations.
At the written request of a Party, each Party will appoint a knowledgeable
responsible representative to meet and negotiate in good faith to resolve any
dispute arising out of or relating to this Agreement. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives. The location
format, frequency, duration, and conclusion of these discussions shall be left to
the discretion of the representatives. Upon agreement, the representatives mayutilize other alternative dispute resolution procedures such as mediation to assist
in the negotiations. Discussions and correspondence among the representatives
for purposes of these negotiations shall be treated as confidential information
developed for purposes of settlement, exempt from discovery, and shall not be
admissible in the arbitration described below or in any lawsuit without the
concurrence of all Parties. Documents identified in or provided with such
communications, which are not prepared for purposes of the negotiations, are notso exempted and may, if otherwise discoverable, be discovered or otherwise
admissible, be admitted in evidence, in the arbitration or lawsuit.
Arbitration.
If the negotiations do not resolve the dispute within sixty (60) Business Days ofthe initial written request, the dispute shall be submitted to binding arbitration. Atthe election of either Party, arbitration shall be before the Commission.Otherwise, arbitration shall be by a single arbitrator pursuant to the CommercialArbitration Rules of the American Arbitration Association ("AAA") except thatthe Parties may select an arbitrator outside American Arbitration Associationrules upon mutual agreement. If the State Commission is selected as thearbitrator, its arbitration rules shall apply. Otherwise the rules described in part
(a) below shall be applicable.
(a)A Party may demand such arbitration in accordance with the proceduresset out in AAA rules. Discovery shall be controlled by the arbitrator andshall be permitted to the extent set out in this section. Each Party maysubmit in writing to a Party, and that Party shall so respond to, a maximumof any combination of thirty-five (35) (none of which may have subparts)
of the following: interrogatories, demands to produce documents, orrequests for admission. Each Party is also entitled to take the oral
deposition of one individual of another Party. Additional discovery may
be permitted upon mutual agreement of the Parties. The arbitrationhearing shall be commenced within sixty (60) Business Days of thedemand for arbitration. The arbitration shall be held in a mutuallyagreeable city. The arbitrator shall control the scheduling so as to process
the matter expeditiously. The Parties may submit written briefs. Thearbitrator shall rule on the dispute by issuing a written opinion within
thirty (30) Business Days after the close of hearings. The times specified
in this section may be extended upon mutual agreement of the Parties or
by the arbitrator upon a showing of good cause.
20.
21.
(b)Judgment upon the award rendered by the arbitrator, whether it be the
Commission or an AAA or other arbitrator, may be entered in any court
having jurisdiction
18.4 Expedited Arbitration Procedures.
If the issue to be resolved through the negotiations referenced in Section 18.
directly and materially affects service to either Party s end-user customers, thenthe period of resolution of the dispute through negotiations before the dispute is to
be submitted to binding arbitration shall be five (5) Business Days. Once such a
service affecting dispute is submitted to arbitration, and if arbitration with the
Commission is not selected, the arbitration shall be conducted pursuant to the
expedited procedures rules of the Commercial Arbitration Rules of the American
Arbitration Association (i., rules 53 through 57).
18.Costs.
Each Party shall bear its own costs of these procedures. A Party seekingdiscovery shall reimburse the responding Party the reasonable costs of production
of documents (including search time and reproduction costs).
18.Continuous Service.
The Parties shall continue providing services to each other during the pendency of
any dispute resolution procedure, and the Parties shall continue to perform their
obligations in accordance with this Agreement. However, during the pendency ofany dispute resolution procedures CenturyTel reserves the right not to accept new
Level 3 service orders.
19.Entire Agreement.
This Agreement constitutes the entire agreement of the Parties pertaining to the subject
matter of this Agreement and supersedes all prior agreements, negotiations, proposalsand representations, whether written or oral, and all contemporaneous oral agreementsnegotiations, proposals, and representations concerning such subject matter. representations, understandings, agreements, or warranties, expressed or implied, havebeen made or relied upon in the making of this Agreement other than those specificallyset forth herein.
Expenses.
Except as specifically set out in this Agreement, each Party shall be solely responsible forits own expenses involved in all activities related to the subject of this Agreement.
Force Maieure.
In the event performance of this Agreement, or any obligation hereunder, is eitherdirectly or indirectly prevented, restricted, or interfered with by reason of fire, floodearthquake or likes acts of God, wars, revolution, civil commotion, explosion, acts of
public enemy, embargo , acts of the government in its sovereign capacity, labordifficulties, including without limitation, strikes, slowdowns, picketing, or boycottsunavailability of equipment from vendor, changes requested by Customer, or any othermaterial change of circumstances beyond the reasonable control and without the fault or
negligence of the Party affected, the Party affected, upon giving prompt notice to the
22.
23.
24.
25.
26.
27.
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 beexcused 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 shalluse diligent efforts to avoid or remove such causes of nonperformance and both Partiesshall proceed whenever such causes are removed or cease. It is expressly agreed thatfinancial difficulties of a Party are not subject to this Section.
Good Faith Performance.
In the performance of their obligations under this Agreement, the Parties shall act in good
faith. In situations in which notice, consent, approval or similar action by a Party is
permitted or required by any provision of this Agreement, such action shall not beconditional, umeasonably withheld or delayed.
Governing Law.
This Agreement shall be governed by and construed in accordance with applicablefederal and (to the extent not inconsistent therewith) domestic laws of the state where the
services are provided or the facilities reside and shall be subject to the exclusive
jurisdiction of the courts therein.
Standard Practices.
The Parties acknowledge that CenturyTel shall be adopting some industry standardpractices and/or establishing its own standard practices to various requirements hereunder
applicable to the CLEC industry which may be added in the CenturyTel Service Guide.Level 3 agrees that CenturyTel may implement such practices to satisfy any CenturyTel
obligations under this Agreement.
Headings.
The headings in this Agreement are inserted for convenience and identification only and
shall not be considered in the interpretation of this Agreement.
Independent Contractor Relationship.
The persons provided by each Party shall be solely that Party s employees and shall beunder the sole and exclusive direction and control of that Party. They shall not beconsidered employees of the other Party for any purpose. Each Party shall remain independent contractor with respect to the other and shall be responsible for compliance
with all laws, rules and regulations involving, but not limited to, employment of laborhours of labor, health and safety, working conditions and payment of wages. Each Party
shall also be responsible for payment of taxes, including federal, state and municipaltaxes, chargeable or assessed with respect to its employees, such as Social Security,unemployment, workers' compensation, disability insurance, and federal and statewithholding. Each Party shall indemnify the other for any loss, damage, liability, claimdem~~d, or penalty that may be sustained by reason of its failure to comply with this
prOVISIon.
Law Enforcement Interface.
27.Except to the extent not available in connection with CenturyTel's operation of its
own business, CenturyTel shall provide seven day a week/twenty-four hour a day
assistance to law enforcement persons for emergency traps, assistance involving
28.
emergency traces and emergency information retrieval on customer invoked
CLASS services.
27.CenturyTel agrees to work jointly with Level 3 in security matters to support law
enforcement agency requirements for taps, traces, court orders, etc. Charges for
providing such services for Level 3 customers will be billed to Level 3.
27.CenturyTel will, in non-emergency situations, inform the requesting law
enforcement agencies that the end-user to be wire tapped, traced, etc. is a Level 3
Customer and shall refer them to Level 3.
Liability and Indemnity.
28.Indemnification.
Subject to the limitations set forth in Section 28.4 of this Article III, each Party
agrees to release, indemnify, defend, and hold harmless the other Party from all
losses, claims, demands, damages, expenses, suits, or other actions, or anyliability whatsoever, including, but not limited to, costs and attorney s feeswhether suffered, made, instituted, or asserted by any other party or person, forinvasion of privacy, personal injury to or death of any person or persons, or forlosses, damages, or destruction of property, whether or not owned by othersproximately caused by the indemnifying Party s negligence or willful misconductregardless of form of action. The indemnified Party agrees to notify the otherParty promptly, in writing, of any written claims, lawsuits, or demands for whichit is claimed that the indemnifying Party is responsible under this Section and to
cooperate in every reasonable way to facilitate defense or settlement of claims.
The indemnifying Party shall have complete control over defense of the case and
over the terms of any proposed settlement or compromise thereof. Theindemnifying Party shall not be liable under this Section for settlement by theindemnified Party or any claim, lawsuit, or demand, if the indemnifying Party hasnot approved the settlement in advance, unless the indemnifying Party has had the
defense of the claim, lawsuit, or demand tendered to it in writing and has failed to
assume such defense. In the event of such failure to assume defense, theindemnifying Party shall be liable for any reasonable settlement made by the
indemnified Party without approval of the indemnifying Party.
28.End-User and Content-Related Claims.
The Indemnifying Party agrees to release, indemnify, defend, and hold harmlessthe other Party, its affiliates, and any third-party provider or operator of facilities
involved in the provision of services or Facilities under this Agreement
(collectively, the "Indemnified Party ) from all losses, claims, demands, damagesexpenses, suits, or other actions, or any liability whatsoever, including, but not
limited to, costs and attorney s fees, suffered, made, instituted, or asserted by theIndemnifying Party s end-users against an Indemnified Party arising from
Services or Facilities. The Indemnifying Party further agrees to release
indemnify, defend, and hold harmless the Indemnified Party from all lossesclaims, demands, damages, expenses, suits, or other actions, or any liabilitywhatsoever, including, but not limited to, costs and attorney s fees, sufferedmade, instituted, or asserted by any third party against an Indemnified Party
arising from or in any way related to actual or alleged defamation, libel, slanderinterference with or misappropriation of proprietary or creative right, or any other
29.
30.
Injury to any person or property arising out of content transmitted by theIndemnifying Party and the Indemnified Party or such Party s end-users, or any
other act or omission of the Indemnified Party or such Party s end-users.
28.DISCLAIMER.
EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THISAGREEMENT, PROVIDER MAKES NO REPRESENTATIONS ORWARRANTIES TO CUSTOMER CONCERNING THE SPECIFIC QUALITYOF ANY SERVICES , OR FACILITIES PROVIDED UNDER THISAGREEMENT. PROVIDER DISCLAIMS, WITHOUT LIMITATION, ANYWARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE, ARISING FROM COURSE OFPERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
28.4 Limitation of Liability.
Each Party s liability, whether in contract, tort or otherwise, shall be limited todirect damages, which shall not exceed the monthly charges, plus any relatedcosts/expenses either Party may recover, including those under Sectionl5 aboveand plus any costs/expenses for which the Parties specify reimbursement in this
Agreement for the services or facilities for the month during which the claim of
liability arose. Under no circumstance shall either Party be responsible or liable
for indirect, incidental, or consequential damages, including, but not limited toeconomic loss or lost business or profits, damages arising from the use or
performance of equipment or software, or the loss of use of software orequipment, or any accessories attached thereto, delay, error, or loss of data.Should either Party provide advice, make recommendations, or supply otheranalysis related to the services or facilities described in this Agreement, thislimitation of liability shall apply to provision of such advice, recommendationsand analysis.
28.Intellectual Property.
Neither Party shall have any obligation to defend, indemnify or hold harmless, oracquire any license or right for the benefit of, or owe any other obligation or haveany liability to, the other based on or arising from any claim, demand, orproceeding by any third party alleging or asserting that the use of any circuit
apparatus, or system, or the use of any software, or the performance of anyservice or method, or the provision or use of any facilities by either Party underthis Agreement constitutes direct or contributory infringement, or misuse ormisappropriation of any patent, copyright, trademark, trade secret, or any otherproprietary or intellectual property right of any third party.
Multiple Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall bedeemed an original, but all of which shall together constitute but one and the samedocument.
No Third Party Beneficiaries.
Except as may be specifically set forth in this Agreement, this Agreement does notprovide and shall not be construed to provide third parties with any remedy, claim
liability, reimbursement cause of action or other right or privilege.
31.
32.
Notices.
Any notice to a Party required or permitted under this Agreement shall be in writing and
shall be deemed to have been received on the date of service if served personally, on the
date receipt is acknowledged in writing by the recipient if delivered by regular u.S. mail
or on the date stated on the receipt if delivered by certified or registered mail or by a
courier service that obtains a written receipt. Any notice shall be delivered using one ofthe alternatives mentioned in this section and shall be directed to the applicable street orpost office box address indicated below or such address as the Party to be notified hasdesignated by giving notice in compliance with this Section: Although E-mail will not be
used to provide notice, the Parties provide their E-mail addresses below to facilitateinformal communications.
If to CenturyTel:CenturyTel, Inc.
Attention: Carrier Relations
100 CenturyTel Drive
Momoe, LA 71203
Telephone number: [phone]
Facsimile number: [phone]
With a copy to:Jackie Phillips
Regional Manager- Carrier Relations
805 Broadway
Vancouver, W A 98660
Telephone number: [phone]
Facsimile number: [phone]
If to Level 3:Mack Greene
Level 3 Communications, LLC
1025 Eldorado Blvd
Broomfield, CO 80021
Telephone number: (720)-888-3059
Protection.
32.Impairment of Service.
The characteristics and methods of operation of any circuits, facilities orequipment of either Party connected with the services, facilities or equipment ofthe other Party pursuant to this Agreement shall not interfere with or impairservice over any facilities of the other Party, its affiliated companies, or itsconnecting and concurring carriers involved in its services, cause damage to itsplant, violate any applicable law or regulation regarding the invasion of privacy of
any communications carried over the Party s facilities or create hazards to theemployees of either Party or to the public (each hereinafter referred to as anImpairment of Service
33.
34.
35.
36.
37.
38.
32.2 Resolution.
If either Party causes an Impairment in Service, the Party whose network or
service is being impaired (the "Impaired Party ) shall promptly notify the Party
causing the Impairment of Service (the "Impairing Party ) of the nature and
location of the problem and that, unless promptly rectified, a temporarydiscontinuance of the use of any circuit, facility or equipment may be required.
The Impairing Party and the Impaired Party agree to work together to attempt to
promptly resolve the Impairment of Service. If the Impairing Party is unable to
promptly remedy the Impairment of Service, then the Impaired Party may at its
option temporarily discontinue the use of the affected circuit, facility or
equipment.
Publicity.
Any news release, public announcement, advertising, or any form of publicity pertaining
to this Agreement, provision of Services or Facilities pursuant to it, or association of theParties with respect to provision of the services described in this Agreement shall be
subject to prior written approval of both CenturyTel and Level 3.
Regulatory Agency Control.
This Agreement shall at all times be subj ect to changes, modifications, orders, and rulingsby the Federal Communications Commission and/or the applicable State Commission to
the extent the substance of this Agreement is or becomes subject to the jurisdiction of
such agency.
Changes in Legal Requirements.
CenturyTel and Level 3 further agree that the terms and conditions of this Agreementwere composed in order to effectuate the legal requirements in effect at the time theAgreement was produced. Any modifications to those requirements will be deemed to
automatically supersede any terms and conditions of this Agreement.
Effective Date.
This Agreement will be effective only upon execution by both Parties unless priorCommission approval is required, in which case this Agreement shall be effective upon
Commission approval. The "effective date" of this Agreement for all purposes will bethe latest date reflected by the signing parties. The Parties agree that orders for services
will not be submitted or accepted until the latter of (a) the submission of the CLECProfile required by Section 7; or (b) the expiration of the first ten (10) Business Daysafter the Agreement is effective.
Regulatory Matters.
Each Party shall be responsible for obtaining and keeping in effect all FCC, Commissionfranchise authority and other regulatory approvals that may be required in connectionwith the performance of its obligations under this Agreement.
Rule of Construction.
No rule of construction requiring interpretation against the drafting Party hereof shall
apply in the interpretation ofthis Agreement.
39.
40.
41.
42.
43.
Section References.
Except as otherwise specified, references within an Article of this Agreement to a Section
refer to Sections within that same Article.
Severability.
If any provision of this Agreement is held by a court or regulatory agency of competentjurisdiction to be unenforceable, the rest of the Agreement shall remain in full force and
effect and shall not be affected unless removal of that provision results, in the opinion ofeither Party, in a material change to this Agreement. If a material change as described inthis paragraph occurs as a result of action by a court or regulatory agency, the Partiesshall negotiate in good faith for replacement language. If replacement language cannotbe agreed upon within a reasonable period, either Party may terminate this Agreement
without penalty or liability for such termination upon written notice to the other Party.
Subcontractors.
Provider may enter into subcontracts with third parties or affiliates for the performance of
any of Provider s duties or obligations under this Agreement, provided that a Providerremains liable for the performance of its duties and obligations hereunder.
Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and all applicablelaws, rules, or regulations that subsequently may be prescribed by any federal, state orlocal governmental authority. To the extent required by any such subsequently prescribed
law, rule, or regulation, the Parties agree to modify, in writing, the affected term(s) andcondition(s) of this Agreement to bring them into compliance with such law, rule, or
regulation. Further, to the extent such law, rule, or regulation allows one or both Parties
the choice to operate, voluntarily, in a manner contrary to the current term(s) andcondition(s) of this Agreement, the Parties agree to modify, in writing, the affectedterm(s) and condition(s), should one or both Parties choose to avail themselves of suchlaw, rule, or regulation. The Dispute Resolution provisions of Article III, Section 17shall also govern any disputes arising out of or relating to such modifications. To the
extent that subsequent applicable laws, rules or regulations of Federal, State or localgovernmental authority require modification or negotiation of one or more terms of this
Agreement, the Parties agree to begin negotiating such terms within twenty (20) Business
Days after such subsequent change. If negotiations fail within forty (40) Business Daysthereafter, this matter shall proceed to the Dispute Resolution procedures of Article III
Section 18, with the consequent changes in this Agreement to be retroactive to when
negotiations began under this Section.
Taxes.
Any state or local excise, sales, or use taxes (excluding any taxes levied on income)resulting from the performance of this Agreement shall be borne by the Party upon which
the obligation for payment is imposed under applicable law, even if the obligation tocollect and remit such taxes is placed upon the other Party. The collecting Party shallcharge and collect from the obligated Party, and the obligated Party agrees to pay to the
collecting Party, all applicable taxes, except to the extent that the obligated Party notifies
44.
45.
the collecting Party and provides to the collecting Party appropriate documentation asCenturyTel 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, andshall 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, Level 3 is responsible for
furnishing tax exempt status information to CenturyTel at the time of the execution ofthe
Agreement. Level 3 is also responsible for furnishing any updates or changes in its tax
exempt status to CenturyTel during the Term of the Agreement and extensions thereof.
In addition, Level 3 is responsible for submitting and/or filing tax exempt status
information to the appropriate regulatory, municipality, local governing, and/orlegislative body. It is expressly understood and agreed that the Level 3's representationsto CenturyTel concerning the status ofLevel3's claimed tax exempt status, if any, and itsimpact on this Section 42 are subject to the indemnification provisions of Section 28.
which for purposes of this Section, are to be enjoyed by CenturyTel.
43.Tax.
A charge which is statutorily imposed by the state or local jurisdiction and iseither (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 remittingthe charge(s) to the state or local jurisdiction or (b) imposed on the purchaser with
the seller having an obligation to collect the charge(s) from the purchaser and
remit the charge(s) to the state or local jurisdiction.
Taxes shall include but not be limited to: federal excise tax, state/local sales anduse tax, state/local utility user tax, state/local telecommunication excise taxstate/local gross receipts tax, and local school taxes. Taxes shall not includeincome, income-like, gross receipts on the revenue of a Provider, or property
taxes. Taxes shall not include payroll withholding taxes unless specificallyrequired by statute or ordinance.
43.Fees/Regulatory Surcharges.
A charge imposed by a regulatory authority, other agency, or resulting from a
contractual obligation, in which the seller is responsible or required to collect the
fee/surcharge from the purchaser and the seller is responsible for remitting thecharge to the regulatory authority, other agency, or contracting party.
Fees/Regulatory Surcharges shall include but not be limited to E-91119Il , otherNIl, franchise fees, and Commission surcharges.
Trademarks and Trade Names.
Except as specifically set out in this Agreement, nothing in this Agreement shall grantsuggest, or imply any authority for one Party to use the name, trademarks, service marksor trade names of the other for any purpose whatsoever.
Waiver.
46.
47.
The failure of either Party to insist upon the performance of any provision of this
Agreement, or to exercise any right or privilege granted to it under this Agreement, shallnot be construed as a waiver of such provision or any provisions of this Agreement, andthe same shall continue in full force and effect.
Environmental Responsibility.
The Parties agree that prior to such time as either Party may place its equipment in the
other Party's premises pursuant to a collocation or some other arrangement, the Parties
will negotiate appropriate terms with respect to responsibility for environmental matters.
TBD Prices.
If a provision references prices in an Attachment and there are no corresponding prices in
such Attachment, such price shall be considered "To Be Determined" (TBD). Withrespect to all TBD prices, prior to Level 3 ordering any such TBD item, the Parties shallmeet and confer to establish a price. If the Parties are unable to reach agreement on a
price for such item, an interim price shall be set for such item that is equal to the price for
the nearest analogous item for which a price has been established. Any interim prices so
set shall be subj ect to modification by any subsequent decision of the Commission. If aninterim price is different from the rate subsequently established by the Commission, anyunderpayment shall be paid by Level 3 to CenturyTel, and any overpayment shall berefunded by CenturyTel to Level 3, within 45 Business Days after the establishment of
the price by the Commission.
ARTICLE IV
CONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
Services Covered by This Article.
Tvpes of Services.
This Article governs the provlSlon of internetwork facilities (i., physicalconnection services and facilities), by CenturyTel to Level 3 or by Level 3 to
CenturyTel and the transport and termination and billing of Local Traffic between
CenturyTel and Level 3. For purposes of this Agreement, Local Traffic shall bedefined per Appendix B, Section 1.61. Traffic not meeting the definition of Local
Traffic is not subject to this Agreement. CenturyTel reserves the right otherwise seek compensation for such non-Local Traffic including the imposition
of access charges where appropriate.
Level 3 will initiate orders for trunk-side Local Traffic connection services
by sending an ASR to CenturyTel. The ordering process is described inthe CenturyTel Service Guide. The ASR will be reviewed by CenturyTelfor validation and correction of errors. Errors will be referred back to
Level 3. Level 3 then will correct any errors that CenturyTel hasidentified and resubmit the request to CenturyTel through a supplemental
ASR.
Level 3 must comply with the Capacity Planning and Forecasting
provisions of Section 12, Article III and Section 4 ofthis Article IV before
CenturyTel will process the Level3's ASR for interconnection services.
Billing and Rates.
Service Ordering, Service Provisioning, and Billing.
The following describes generally the processes CenturyTel will use for ordering,
provisioning and billing for connection facilities and services. Except asspecifically provided otherwise in this Agreement, service ordering, provisioning,billing and maintenance shall be governed by the CenturyTel Service Guide.
Rates and Charges.
Customer agrees to pay to Provider the rates and charges for the Services set forth
in the applicable appendices to this Agreement. Rates and charges are set forth in
Appendix A attached to this Agreement and made a part hereof.
Billing.
Unless otherwise provided herein, CenturyTel shall render to Level 3 a bill fordirect connection services on a current basis. Charges for physical facilities andother non-usage sensitive charges shall be billed in advance, except for chargesand credits associated with the initial or final bills. Usage sensitive charges, such
as charges for termination of Local Traffic, shall be billed in arrears. Level 3 is
required to order trunks pursuant to Section 4.4 of this Article.
Billing Specifications.
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).
2.4
2.4.
2.4.
Usage Measurement: Usage measurement for calls shall begin whenAnswer Supervision or equivalent Signaling System 7 (SS7) message is
received from the terminating office and shall end at the time of calldisconnect by the calling or called subscriber, whichever occurs first.
Minutes of use (MOU), or fractions thereof, shall not be rounded upward
on a per-call basis, but will be accumulated over the billing period. At theend ofthe billing period, any remaining fraction shall be rounded up to the
nearest whole minute to arrive at total billable minutes. MOU shall becollected and measured in minutes, seconds, and tenths of seconds.
Transport and Termination of Local Traffic.
Traffic to be Exchanged.
The Parties shall reciprocally terminate Local Traffic originating on each other
networks utilizing either Direct or Indirect Network Connections as provided in
Section 4 or Section 5 herein. To this end, the Parties agree that there will be
interoperability between their networks. In addition, the Parties will notify eachother of any anticipated change in traffic to be exchanged (e., traffic typevolume).
Compensation for Exchange of Local Traffic.
Mutual Compensation. The Parties shall compensate each other for the
exchange of Local Traffic originated by or terminating to the Parties' end-user customers in accordance with Section 3.2 of this Article, subject toany applicable regulatory conditions. Charges for the transport andtermination of optional EAS , intraLATA toll and interexchange trafficshall be in accordance with the Parties' respective intrastate or interstate
access tariffs, as appropriate.
Bill-and-Keep.The Parties shall assume that Local Traffic originated by
or terminating to the Parties' end-user customers is roughly balanced
between the parties unless traffic studies indicate otherwise. Accordingly,
the Parties agree to use a Bill-and-Keep Arrangement with respect totermination of Local Traffic only. Either Party may initiate a traffic study
no more frequently than once a quarter. Such traffic study shall examine
all Local Traffic excluding Local Traffic that is also Information Access
Traffic. Should such traffic study indicate, in the aggregate, that eitherParty is terminating more than 60 percent of the Parties' total terminatedminutes for Local Traffic excluding Local Traffic that is also Information
Access Traffic, either Party may notify the other that mutual compensation
will commence for such Local Traffic, excluding Local Traffic that is alsoInformation Access Traffic, pursuant to the rates set forth in Appendix A
of this Agreement and following such notice it shall begin and continue
for the duration of the Term of this Agreement unless otherwise agreed.
Percent Local Use.Upon request of either Party, each Party will report to
the other an accurate Percentage Local Usage ("PLU"). The application of
the PLU will determine the amount of Local Traffic minutes to be billed to
the other Party. For purposes of developing the PLU, each Party shallconsider every Local Traffic call and every non-Local Traffic call
excluding intermediary traffic. PLU requests shall be made no more
frequently than every twelve (12) months. Notwithstanding the foregoing,
where the terminating Party has message recording technology that
identifies the jurisdiction of traffic terminated as defined in this
Agreement, such information, in lieu of the PLU factor, shall, at the
terminating Party s option, be utilized to determine the appropriate Local
Traffic usage compensation to be paid.
2.4 Percentage Interstate Usage.In the case where Level 3 desires to
terminate its Local Traffic over or co-mingled on its switched access
Feature Group D trunks, Level 3 will be required to provide a projectedPercentage Interstate Usage ("PIU"). All jurisdictional report
requirements, rules and regulations for Interexchange Carriers specified in
CTOC's Intrastate Access Services Tariff will apply to Level 3. After
interstate and intrastate traffic percentages have been determined by use of
Pill procedures, the PLU factor will be used for application and billing oflocal interconnection. Notwithstanding the foregoing, where the
terminating Party has message recording technology that identifies the
jurisdiction of traffic terminated as defined in this Agreement, such
information, in lieu of the Pill and PLU factor, shall, at the terminating
Party s option, be utilized to determine the appropriate local usage
compensation to be paid.
Tandem Switching Local Traffic.
The Parties will provide tandem switching for Local Traffic between the Parties
end offices subtending each other s access tandem.
The Parties agree to enter into their own agreements with third-party providers.In the event that Level 3 sends traffic through CenturyTel's network to a third-
party provider with whom Level 3 does not have a traffic interexchangeagreement, then Level 3 agrees to indemnify CenturyTel for any terminationcharges rendered by a third-party provider for such traffic.
Network Connection.
Network Connection Architecture.
Level 3 may connect with CenturyTel on its network at anyone of the minimum
Currently Available points required by the FCC. Any request for a connection atpoint not currently available will be reviewed on an individual case basis.
additional connection at a second (or more) point (s) will be available to Level 3
at Level 3' s cost based upon applicable tariff rates for the capacity ordered.Based on the configuration, the installation time line will vary considerablyhowever, CenturyTel will work with Level 3 in all circumstances to install the IP
within 120 calendar days absent extenuating circumstances.
Subject to mutual agreement, the Parties may use the following types of
network facility connection, using such interface media as are (i)
. ~ ----
appropriate to support the type of connection requested and (ii) available
at the facility at which connection is requested.
A Mid-Span Fiber Meet within an existing CenturyTel exchange
area whereby the Parties mutually agree to jointly plan andengineer their facility IP at a designated manhole or junctionlocation with each Party being individually responsible for its
incurred costs in establishing this arrangement. The IP is the
demarcation between ownership of the fiber transmission facility.
A special access and/or CLEC Dedicated Transport arrangement
terminating at a CenturyTel Wire Center subject to the rates, termsand conditions contained in CenturyTel's applicable tariffs. These
facilities will meet the standards set forth in such tariffs.
If permitted by the provider, Level 3 may exchange traffic viaindirect connections by transiting a third-party providerinterconnection with CenturyTel. In the event that Level 3 sends
traffic through a third-party provider, then Level 3 agrees toindemnify CenturyTel for any termination, transiting or tandemcharges rendered by a third-party provider for such traffic.
Where direct connection is utilized under options (a) or (b) above, theParties will mutually designate at least one IP on CenturyTel's networkwithin each CenturyTellocal calling area for the routing of Local Traffic.
Compensation.
The Parties agree to the following compensation for inter-network facilitiesdepending on facility type. Only Local Traffic will be used for calculation of this
compensation.
Mid-Span Fiber Meet: CenturyTel will charge special access (flat rated)
transport from the applicable access tariff and will rate charges between
the IP and CenturyTel's switch. Charges will be reduced to reflect the
proportionate share of the facility that is used for transport of trafficoriginated by CenturyTel excluding Local Traffic that is also Information
Access Traffic. The initial proportionate share factor for facilities is set
forth in Appendix A. This factor will be updated quarterly in like manneror as the Parties otherwise agree
Special Access: CenturyTel will charge special access and/or switchedaccess rates from the applicable CenturyTel access tariff. Charges will be
reduced to reflect the proportionate share of the facility that is used for
transport of traffic originated by CenturyTel excluding Local Traffic that
is also Information Access Traffic ("CenturyTel Originated Local Traffic
Factor
).
The initial CenturyTel Originated Local Traffic Factor is set
forth in Appendix A. This factor will be updated quarterly in like manner
or as the Parties otherwise agree.
Trunking Requirements.
The Parties shall meet and agree on trunking availability and requirements inorder for the Parties to begin exchange of traffic.
4.3.The Parties agree to establish trunk groups of sufficient capacity from the
interconnecting facilities such that trunking is available to any switching
center designated by either Party, including end offices, tandems, and 911routing switches. The Parties will mutually agree where one-way or two-
way trunking will be available. The Parties may use two-way trunks for
delivery of Local Traffic or either Party may elect to provision its ownone-way trunks for delivery of Local Traffic to the other Party. If a Partyelects to provision its own one-way trunks for Local Traffic, that Party
will be responsible for its own expenses associated with the trunks.
Level 3 shall make available to CenturyTel trunks over which CenturyTel
shall terminate to end-users of Level 3-provided Exchange Services and
Local Traffic originated from end-users of CenturyTel-provided Exchange
Service.
4.3.Level 3 and CenturyTel shall, where applicable, make reciprocally
available, by mutual agreement, the required trunk groups to handledifferent traffic types. Level 3 and CenturyTel will support the
provisioning of trunk groups that carry combined or separate Local
Traffic. CenturyTel requires separate trunk groups from Level 3 to
originate and terminate Non-Local Traffic calls and to provide Switched
Access Service to IXCs. To the extent Level 3 desires to have any IXCsoriginate or terminate switched access traffic to or from Level 3 , usingjointly provided switched access facilities routed through a CenturyTel
access tandem, it is the responsibility of Level 3 to arrange for such IXC
to issue an ASR to CenturyTel to direct CenturyTel to route the traffic.
CenturyTel does not receive an ASR from the IXC, CenturyTel willinitially route the switched access traffic between the IXC and Level 3.
the IXC subsequently indicates that it does not want the traffic routed to or
from Level 3 , CenturyTel will not route the traffic.
1 Each Party agrees to route traffic only over the proper
jurisdictional trunk group.
3.2 Each Party shall only deliver traffic over the local connection trunk
groups to the other Party s access tandem for those publicly-dialable NXX Codes served by end offices that directly subtend the
access tandem or to those wireless service providers that directly
subtend the access tandem.
3 Neither party shall route Switched Access Service traffic over local
connection trunks, or Local Traffic over Switched Access Service
trunks.
3.4 End-Office Trunking. The Parties will work together to establish high
usage end-office trunk groups sufficient to handle the greater of the actual
or reasonably forecasted traffic volumes between a Level 3 end office and
a CenturyTel end office.
4.3.Level 3 and CenturyTel will reciprocally provide Percent Local Usage
(PLU) factors to each other on or before January 15 and July 15 of eachyear to identify the proper percent of Local Traffic carried on local
interconnection trunks If either Party does not provide to the otherParty an updated PLU, the previous PLU will be utilized. The partiesagree to the initial PLU factor as set forth in Appendix A. Notwithstanding
4.4
the above, either party may use actual call detail to bill instead of using
provided PLUs provided that the party has the technical means to identify
and jurisdictionalize call detail. In such a case, written notice will be
provided to the other party that such a capability exists and will be used.
Reciprocal traffic exchange arrangement trunk connections shall be made
at a DS-l or multiple DS-l level, DS-, (Synchronous Optical Network(SONET)) where technically available) and shall be jointly engineered to
the appropriate State grade of service standard.
Level 3 and CenturyTel agree to use diligent efforts to develop and agree
on a Joint Connection Plan prescribing standards to ensure that the
reciprocal traffic exchange arrangement trunk groups are maintained at the
appropriate State grade of service standard. Such plan shall also include
mutually-agreed upon default standards for the configuration of all
segregated trunk groups.
SS7 Common Channel Signaling will be used to the extent that such
technology is available. If SS7 is not available, Multi-FrequencySignaling (MF) will be used as specified.
The Parties agree to offer and provide to each other B8ZS Extended
Superframe Format (ESF) facilities, where available, capable of voice anddata traffic transmission.
3.10 The Parties will support intercompany 64kbps clear channel whereavailable.
11 Orders between the Parties to establish, add, change or disconnect trunks
shall be processed by use of an Access Service Request (ASR), or another
industry standard eventually adopted to replace the ASR for local service
ordering.
Trunk Forecasting.
4.4.The Parties will develop joint forecasting of trunk groups in accordancewith Article III, Section 12, and as a condition to CenturyTel's processingof Level 3 interconnection services ASRs under Section 1.Intercompany forecast information must be provided by the Parties to each
other once a year. The annual forecasts will include:
4.4.1 Yearly forecasted trunk quantities for no less than a two-yearperiod (current year, plus one year); and the use of (i) CLCI-MSGcodes, which are described in Telcordia Technologies document
BR 795-100-100; (ii) circuit identifier codes as described in BR
795-400-100; and (iii) Trunk Group Serial Number (TGSN) as
described in BR 751-100-195.
4.4.2 Description of major network projects that affect the other Party will be
provided with the semi-annual forecasts provided pursuant to Section4.4.1.1. Major network projects include but are not limited to trunking or
network rearrangements, shifts in anticipated traffic patterns, or other
activities by either Party that are reflected by a significant increase or
decrease in trunking demand for the following forecasting period.
4.4.Parties will meet to review and reconcile their forecasts if their respective
forecasts differ significantly from one another.
Trunk Facility Under Utilization.
At least once a year the Parties shall exchange trunk group measurement reports
for trunk groups terminating to the other Party s network. In addition and from
time to time, each Party will determine the required trunks for each of the other
Party's trunk groups from the previous 12 months servicing data. Required trunks
will be based on the State grade of service standard or the Joint Connection Plan
referenced in Section 4.3.7. When a condition of excess capacity is identified
CenturyTel will facilitate a review of the trunk group existing and near term (3 to
6 months) traffic requirements with the customer for possible network efficiency
adjustment.
Joint Trunk Planning Criteria.
In order to facilitate sound and economical network planning and provisioning,
CenturyTel deployment of trunks for Level 3 use may be conditioned on (i) fillfactors for trunks previously deployed for the Level 3; (ii) compensationarrangements to reflect CenturyTel's and the Level 3's proportionate use of the
trunking; (iii) a stranded plant or special construction termination charge to Level
3 for not utilizing the ordered trunking for the forecasted duration; and (iv)whether the Level 3 ordered trunking is Currently Available.
Network Redesigns Initiated by CenturyTel.
CenturyTel will not charge Level 3 when CenturyTel initiates its own network
red esi gns/reconfi gurati 0 ns.
Indirect Network Connection.
5.4
Indirect Network Connection is intended to handle de minimis mutual traffic
exchange until Local Traffic volumes grow to a point where it is economicallyadvantageous to provide a direct connection.
Level 3 is required to establish a direct connection in each instance where Level 3
has established telephone numbers that are rated to a CenturyTel rate center.
Consistent with Section 8, Article IV, Level 3 is required to establish a direct
connection in each instance where Level 3 ports a number that is rated to a
CenturyTel rate center.
In instances where Level 3 has not established telephone numbers that are rated to
a CenturyTel rate center, but has established telephone numbers that are rated to a
rate center that is within the local calling area of CenturyTel end user customers
the Parties agree to establish a direct connection when anyone of the followingconditions is met for a consecutive two-month period:
Combined traffic between two single switches of each Party reaches a
DS-equivalent (200 000 combined minutes of use ("MOU"
Traffic originating from a single CenturyTel switch to a single
Level 3 switch reaches 100 000 MOUs; or
When either Party is assessed transiting costs by a third party and such
charges associated with a single traffic exchange route exceed $200.
per month.
Neither Party shall deliver traffic destined to terminate at the other Party s endoffice via another LEC's end office except as provided for in Section 4.2 (c).
Common Channel Signaling
6.2
6.4
Service Description.
The Parties will provide Common Channel Signaling (CCS) to one another via
Signaling System 7 (SS7) network connection, where and as available, in themanner specified in FCC Order 95-187, in conjunction with all traffic exchange
trunk groups. The Parties will cooperate on the exchange of all appropriate SS7
messages for local and intraLATA call set-up signaling, including ISDN User Part
(IS UP) and Transaction Capabilities Application Part (TCAP) messages tofacilitate full interoperability of all CLASS Features and functions between their
respective networks. Any other SS7 message services to be provided using TCAPmessages (such as data base queries) will be jointly negotiated and agreed upon.
Signaling Parameters.
All SS7 signaling parameters will be provided in conjunction with traffic
exchange trunk groups, where and as available. These parameters includeAutomatic Number Identification (ANI), Calling Party Number (CPN), Privacy
Indicator, calling party category information, originating line information, chargenumber, etc. Also included are all parameters relating to network signalinginformation, such as Carrier Information Parameter (CIP), wherever suchinformation is needed for call routing or billing.
Privacy Indicators.
Each Party will honor all privacy indicators as required under applicable law.
Connection Through Signal Transfer Point (STP).
Level 3 must interconnect with the CenturyTel STP(s) serving the LATA inwhich the traffic exchange trunk groups are interconnected. Such connection
shall be negotiated and contracted with the appropriate CenturyTel affiliate.
Third Party Signaling Providers.
Level 3 may choose a third-party SS7 signaling provider.
Multi-Frequency Signaling
In the case where CCS is not available, in band Multi-Frequency (MF), wink startE & M channel associated signaling with ANI will be provided by the Parties.
Network signaling information, such as CIC/OZZ, will be provided whereversuch information is needed for call routing or billing.
on--- 0
Network Management Controls.
Each Party shall provide a 24-hour contact number for Network Traffic Management
issues to the other s network surveillance management center. A fax number must also be
provided to facilitate event notifications for planned mass calling events. Additionally,
both Parties agree that they shall work cooperatively that all such events shall attempt to
be conducted in such a manner as to avoid degradation or loss of service to other end-
users. Each Party shall maintain the capability of respectively implementing standard
protective controls.
Number Portability (NP)
Local Number Portability (LNP)
1.1 The Parties agree that they have deployed LNP in accordance with the
Act, such binding FCC and State mandates, and industry standards, as may
be applicable.
1.2 A Party requesting a number to be ported must send the other providing
Party a Local Service Request (LSR).
1.3 The Party receiving the LSR will bill a service order charge from the tariff
for each LSR received. The tariffed business service order charge will
apply.
The Party will bill the service order charge for a LSR, regardless of whether that LSR is later
supplemented, clarified or cancelled. Notwithstanding the foregoing, either Party will not bill an
additional service order charge for supplements to any LSR submitted to clarify, correct, change
or cancel a previously submitted LSR
ARTICLE V
SIGNATURE PAGE
IN WITNESS WHEREOF, each Party has executed this Agreement. The Effective Date of this
Agreement for such purposes will be established by the date of the final signature on this
agreement subject to confirmation by Commission approval order.
CenturyTel of the Gem State, Inc.
By:
()'
UA,,~
Nam~ver
Title: V.P. External Relations
Level 3 Communications, LLC
Name: 4n-)..r~ t-, ~ Vl-v~k'"
By:
Title:
Date:
#-;.
-tf/1 Date:
~ w...-r (tt,..LJ
/ &/
APPENDIX A
RATES AND CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC
General.The rates contained in this Appendix A are the rates as defined in Article IV and are
subject to change resulting from future Commission or other proceedings, including but not
limited to any generic proceeding to determine CenturyTel's unrecovered costs (e., historic
costs, contribution, undepreciated reserve deficiency, or similar unrecovered CenturyTel costs),
or any appeal or other litigation.
Each Party will bill the other Party as appropriate:
Reciprocal Compensation
Local Traffic excluding Local Traffic that is also
Information Access Traffic (If invoked pursuant
to Article IV, Section 3.TBD
Local Traffic that is also Information Access Traffic $0.
- - -
APPENDIX B
General Defmitions.
DEFINITIONS
Except as otherwise specified herein, the following definitions shall apply to all Articles
and Appendices contained in this Agreement. Additional definitions that are specific to
the matters covered in a particular Article may appear in that Article. To the extent that
there may be any conflict between a definition set forth in this Appendix B and any
definition in a specific Article or Appendix, the definition set forth in the specific Article
or Appendix shall control with respect to that Article or Appendix.
1.1
1.2
1.3
1.4
1.5
1.6
Access Service Request (ASR)
An industry standard form, which contains data elements and usage rules used by
the Parties to add, establish, change or disconnect services or trunks for the
purposes of Interconnection.
Act
The Telecommunications Act of 1996, Public Law 104-104 of the 104th United
States Congress effective February 8, 1996.
Affiliate
A person, corporation or other legal entity that, directly or indirectly, owns or
controls a Party, or is owned or controlled by, or is under common ownership or
control with a Party.
Answer Supervision
An off-hook supervisory signal.
Applicable Law
All laws, statutes, common law, regulations, ordinances, codes, rules, guidelinesorders, permits, and approvals of any Governmental Authority, which apply or
relate to the subject matter of this Agreement.
Automatic Location Identification/Data Manaeement System (ALI/DMS)
The emergency services (E-911/911) database containing customer location
information (including name, address, telephone number, and sometimes specialinformation from the local service provider) used to process subscriber access
records into Automatic Location Identification (ALl) records.
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1.9
1.10
1.11
1.12
1.13
1.14
1.7 Automated Messal!e Accountinl! (AMA)
The structure inherent in switch technology that initially records
telecommunication message information. AMA format is contained in theAutomated Message Accounting document, published by Telcordia Technologiesas GR-II00-CORE, which defines the industry standard for message recording.
Automatic Number Identification (ANI)
The number transmitted through the network identifying the calling party.
Basic Local Exchanl!e Service
Voice grade access to the network that provides the ability to place and receive
calls; touch-tone service, access to operator services; access to directoryassistance; access to emergency services (E911); access to telephone relay service
(TRS); access to interexchange carriers of the customer s choice; standard whitepages directory listing; and toll blocking for low-income consumers participatingin Lifeline (subject to technical feasibility).
Bill-and-Keep Arranl!ement
A compensation arrangement whereby the Parties do not render bills to each other
for the termination of Local Traffic specified in this Agreement and whereby the
Parties terminate local exchange traffic originating from end-users served by the
networks of the other Party without explicit charging among or between saidcarriers for such traffic exchange.
Bona Fide Request (BFR)
Process intended to be used when requesting customized service orders for certain
services, features, capabilities or functionality defined and agreed upon by theParties as services to be ordered as BFRs.
Business Dav
Monday through Friday, except for holidays on which the non-priority u.S. mailis not delivered.
Centralized Messal!e Distribution System (CMDS)
The billing record and clearing house transport system that the Regional BellOperating Companies (RBOCs) and other incumbent LECs use to efficientlyexchange out collectibles and in collectibles as well as Carrier Access BillingSystem (CABS) records.
Central Office (CO)
A telephone company building where customer lines are joined to a switch
switches for connecting customers to each other, for Local and non-Local Traffic.
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1.16
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1.20
1.21
1.22
Central Office Switch
A switch used to provide telecommunications services including (1) End Office
Switches which are Class 5 switches from which end-user Exchange Services are
directly connected and offered, and (2) Tandem Office Switches which are Class
4 switches used to connect and switch trunk circuits between and among centraloffice switches. Central office switches may be employed as combination endoffice/tandem office switches (combination Class 5/Class 4).
CenturvTel Service Guide
The CenturyTel Service Guide, which contains CenturyTel'operatingprocedures for ordering, provisioning, trouble reporting and repair for resold
services. Except as specifically provided otherwise in this Agreement, serviceordering, provisioning, billing and maintenance shall be governed by the
CenturyTel Service Guide, which may be amended from time to time byCenturyTel as needed.
Certificate of Operatin!! Authority
Level 3 must represent and warrant to CenturyTel that it is a certified provider of
local exchange service in the State and authorized within the CenturyTellocalservice area. Level 3 will provide a copy of its Certificate of Operating Authorityor other evidence of its status to CenturyTel upon request. Level 3 will notify
CenturyTel if its certificate has been revoked.
CLASS
CLASS is an acronym for Custom Local Area Signaling Services. It is based on
the availability of common channel signaling. CLASS consists of number-translation services such as call-forwarding and caller identification, availablewithin a local exchange. CLASS is a service mark of Bell core, now Telcordia.
19 CLLI Codes
Common Language Location Identifier Codes.
Commission
The State Public Service or Public Utilities Commission, as applicable.
Common Channel Si!!nalin!! (CCS)
high-speed specialized packet-switched communications network that separate (out-of-band) from the public packet-switched and message networks.CCS carries addressed signaling messages for individual trunk circuits and/ordatabase-related services between Signaling Points in the CCS network using SS7
signaling protocol.
Competitive Local Exchan!!e Carrier (CLEC)
Any company or person authorized to provide local exchange servIces IIIcompetition with an ILEc.
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1.29
1.30
1.31
Compliance
Environmental and safety laws and regulations based upon a Federal regulatory
framework, with certain responsibilities delegated to the States. Anenvironmental/safety compliance program may include review of applicablelaws/regulations, development of written procedures, training of employees andauditing.
Conversation Time
The time that both Parties ' equipment is used for a completed call , measured from
the receipt of Answer Supervision to the receipt of Disconnect Supervision.
CTOC or CenturyTel
The CenturyTel Operating Company in the State that is a Party to this Agreement.
Currently Available
Existing as part of CenturyTel's network at the time of the requested order or
service and does not include any service, feature, function or capability thatCenturyTel either does not provide to itself or to its own end users, or does nothave the capability to provide.
Customer
The Party receiving service from the other. CenturyTel or Level 3 , depending onthe context and which Party is receiving the service from the other Party.
Customer Service Record Search
Applied to LSR when CLEC requests a customer service record search prior to
account conversion from CenturyTel or from another CLEC. Search typically isfor basic account information listing/directory information service and
equipment listing, and billing information. Applied on a per requested loop basis.
Dedicated Transport
An Unbundled Network Element that is purchased for the purpose of transporting
Telecommunications Services between designated Central Offices. DedicatedTransport may only extend between two Central Offices.
Disconnect Supervision
An on-hook supervisory signal end at the completion of a call.
DS-
A service carried at digital signal rate of 1.544 Mbps.
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DS-
A service carried at digital signal rate of 44.736 Mbps.
Electronic File Transfer
A system or process that utilizes an electronic format and protocol to send/receive
data files.
911 Service
A method of routing 911 calls to a PSAP that uses a customer location database to
determine the location to which a call should be routed. E911 service includes the
forwarding of the caller s Automatic Number Identification (ANI) to the PSAP
where the ANI is used to retrieve and display the Automatic LocationIdentification (ALI) on a terminal screen at the answering attendant's position. Itusually includes selective routing.
Exchanl!e Messal!e Record (EMR)
An industry standard record used to exchange telecommunications message
information among CLECs for billable, non-billable, sample, settlement and studydata. EMR format is defined in BR-OIO-200-010 CRIS Exchange MessageRecord, published by Telcordia Technologies.
Exchanl!e Service
All basic access line services, or any other services offered to end users which
provide end users with a telephonic connection to, and a unique telephone number
address on, the Public Switched Telecommunications Network (PSTN), and
which enable such end users to place or receive calls to all other stations on the
PSTN.
Facility
All buildings, equipment, structures and other items located on a single site or
contiguous or adjacent sites owned or operated by the same persons or person as
used in Article III, Section 46.
FCC
The Federal Communications Commission.
Generator
Under the Resource Conservation Recovery Act (RCRA), the person whose act
produces a hazardous waste (40 CFR 261) or whose act first causes a hazardous
waste to become subject to regulation. The generator is legally responsible for the
proper management and disposal of hazardous wastes in accordance withregulations (see reference in Article III, Section 46).
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1.45
1.46
1.47
Hazardous Chemical
As defined in the u.S. Occupational Safety and Health Act (OSHA) hazardcontamination standard (29 CFR 1910.1200), any chemical which is a health
hazard or physical hazard.
Hazardous Waste
As described in the Resource Conservation Recovery Act (RCRA), a solidwaste(s), which may cause, or significantly contribute to an increase in mortality
or illness or pose a substantial hazard to human health or the environment when
improperly treated, stored, transported or disposed of or otherwise managed
because of its quantity, concentration or physical or chemical characteristics.
Imminent Daneer
As described in the Occupational Safety and Health Act and expanded forenvironmental matters, any conditions or practices at a facility which are such that
a danger exists which could reasonably be expected to cause death or seriousharm or significant damage to the environment or natural resources.
Incumbent Local Exchanee Carrier (lLEC)
Any local exchange carrier that was as of February 8 , 1996, deemed to be amember of the Exchange Carrier Association as set forth in 47 C.R. ~69.601(b)of the FCC's regulations.
Indirect Network Connection
The Interconnection of the Parties ' networks for exchange of Local Traffic via a
common or shared access tandem switch.
Information Access Traffic
Information Access Traffic, for the purpose of this Agreement, is traffic
(excluding CMRS traffic) that is transmitted to or returned from the Internet at
any point during the duration of the transmission between the Parties. Information
Access Traffic is not Local Traffic unless the traffic is between an end-user and
an ISP physically located in the same CenturyTel Local Calling Area. The termInformation Access Traffic does not include transmission of voicetelecommunications traffic regardless of whether it is delivered to an ISP and
regardless of whether it is carried at any point on facilities via Internet protocol.
Information Service Provider or "ISP"
A provider of Information Service, as defined in 47 u.S.c. 153(20). InformationService Provider includes, but is not limited to, Internet Service Providers.
Initial Service Order
charge applied to each LSR of Unbundled Loops with the exception ofSubsequent Service Order changes to existing CLEC accounts.
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1.49
1.50
1.51
1.52
1.53
1.54
1.55
1.56
Interconnection Facility
See "Internetwork Facilities
Interconnection Point (lP)
The physical point on the network where the two parties interconnect. The IP is
the demarcation point between ownership ofthe transmission facility.
Interexchanl!e Carrier (lXC)
telecommunications service provider authorized by the FCC to provideinterstate long distance communications services between LATAs and is
authorized by the State to provide inter- and/or intraLATA long distancecommunications services within the State.
Internetwork Facilities
The physical connection of separate pieces of equipment, transmission facilities
etc., within, between and among networks, for the transmission and routing ofexchange service and exchange access.
ISDN User Part (ISUP)
A part of the SS7 protocol that defines call setup messages and call takedownmessages.
Line Side
Refers to an end office switch connection that has been programmed to treat the
circuit as a local line connected to an ordinary telephone station set. Line sideconnections offer only those transmission and signaling features appropriate for a
connection between an end office and an ordinary telephone set.
Local Access and Transport Area (LATA)
geographic area for the provision and administration of communicationsservice; i., intraLATA or interLATA.
Local Callinl! Area
Local Calling Area includes the local exchange area, and any mandatory
Extended Area Service (EAS) exchanges, as defined in CenturyTel localexchange tariffs.
Local Exchanl!e Carrier (LEC)
Any company certified by the Commission to provide local exchange
telecommunications service. This includes the Parties to this Agreement.
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1.62
1.63
1.64
Local Exchan2e Routin2 Guide (LERG)
The Telcordia Technologies reference customarily used to identify NP A-NXXrouting and homing information, as well as network element and equipment
designation.
Local Number Portability (LNP)
The ability of users of telecommunications services to retain, at the same locationexisting telecommunications numbers without impairment of quality, reliability,
or convenience when switching from one telecommunications carrier to another.
Local Provider
A carrier authorized to provide local telecommunications service in the State.
Local Service Request (LSR)
The industry standard form, which contains data elements and usage rules, usedby the Parties to establish, add, change or disconnect resold services andunbundled elements for the purposes of competitive local services.
Local Traffic
Local Traffic is traffic (excluding CMRS traffic) that is originated and terminated
within the CenturyTel Local Calling Area, or mandatory Extended Area Service
(EAS) area, as defined in CenturyTel's local exchange tariffs. Local Traffic does
not include optional local calling (i., optional rate packages that permit the end-
user to choose a Local Calling Area beyond the basic exchange serving area for
an additional fee), referred to hereafter as "optional EAS". Local Traffic includes
Information Access Traffic to the extent that the end user and the ISP are
physically located in the same CenturyTel Local Calling Area.
Main Distribution Frame (MDF)
The distribution frame used to interconnect cable pairs and line trunk equipment
terminating on a switching system.
Meet Point Billin2 (MPB)
Refers to an arrangement whereby two LECs jointly provide the transport element
of a switched access service to one of the LEC's end office switches, with eachLEC receiving an appropriate share of the transport element revenues as defined
by the effective access tariffs.
Mid Span Fiber Meet
An Interconnection architecture whereby two carriers' fiber transmission facilitiesmeet at a mutually agreed upon IP.
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Multiple Exchan!?:e Carrier Access Hillin!?: (ME CAB)
Refers to the document prepared by the Billing Committee of the Ordering andBilling Forum (OBF), which functions under the auspices of the Carrier Liaison
Committee (CLC) of the Alliance for Telecommunications Industry Solutions
(ATIS). The MECAB document, published by Telcordia Technologies as Special
Report SR-BDS-000983 , contains the recommended guidelines for the billing of
an access service provided by two or more LECs, or by one LEC in two or morestates within a single LATA.
Multiple Exchan!?:e Carriers Orderin!?: and Desie:n Guidelines for Access
Services - Industry Support Interface (MECOD)
document developed by the Ordering/Provisioning Committee under theauspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (ATIS). The MECOD documentpublished by Telcordia Technologies as Special Report SR-STS-002643establishes methods for processing orders for access service that is to be provided
by two or more LECs.
1.67 911 Service
A universal telephone number that gives the public direct access to the PSAP.Basic 911 service collects 911 calls from one or more local exchange switchesthat serve a geographic area. The calls are then sent to the correct authority
designated to receive such calls.
1.68 North American Numberin!?: Plan (NANP)
The system of telephone numbering employed in the United States, Canada, andCaribbean countries that employ NP A 809.
69 Numberine: Plan Area (NP A)
Also sometimes referred to as an area code, is the three-digit indicator which isdefined by the "
, "
, and "C" digits of each 10-digit telephone number withinthe NANP. Each NP A contains 800 possible NXX Codes. There are two generalcategories of NPA
, "
Geographic NPAs" and "Non-Geographic NPAs . AGeographic NP A is associated with a defined geographic area, and all telephone
numbers bearing such NP A are associated with services provided within that
geographic area. A Non-Geographic NP A, also known as a "Service AccessCodeor "SAC Code is typically associated with specializedtelecommunications service that may be provided across multiple geographic
NP A areas. 800, 900, 700, and 888 are examples of Non-Geographic NP As.
NXX. NXX Code. Central Office Code or CO Code
The three-digit switch entity indicator that is defined by the "
, "
, and "digits of a lO-digit telephone number within the NANP. Each NXX Code
contains 10 000 station numbers.
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Owner or Operator
As used in OSHA regulations, owner is the legal entity, including a lessee, whichexercises control over management and record keeping functions relating to a
building or facility. As used in the Resource Conservation and Recovery Act
(RCRA), Operator means the person responsible for the overall (or part of the)
operations of a facility.
Party/Parties
CenturyTel and/or Level 3.
Pole Attachment
A Party s use of space on telephone poles belonging to the other Party for
attachment of cables and related materials to provide services in accordance with
the terms and conditions of this Agreement.
Provider
The Party providing service to the other. CenturyTel or Level 3 depending on the
context and which Party is providing the service to the other Party.
Public Safety Answerin1! Point (PSAP)
An answering location for 911 calls originating in a given area. A PSAP may
designated as Primary or Secondary, which refers to the order in which calls are
directed for answering. Primary PSAPs respond first; Secondary PSAPs receivecalls on a transfer basis only, and generally serve as a centralized answeringlocation for a particular type of emergency call. PSAPs are staffed by employees
of Emergency Response Agencies (ERAs) such as police, fire or emergencymedical agencies or by employees of a common bureau serving a group of such
entities.
Oualifyin1! Service
Qualifying Service is a telecommunications service that competes with a
telecommunications service that has been traditionally the exclusive or primary
domain of incumbent local exchange carriers, including, but not limited to, local
exchange service (such as "Plain Old Telephone Service ), and access service
(such as DSL services and high-capacity circuits).
Rate Center
The specific geographic point and corresponding geographic area that areassociated with one or more particular NPA-NXX Codes that have been assigned
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to a LEC for its provision of Exchange Services. The geographic point is
identified by a specific Vertical and Horizontal (V &H) coordinate that is used to
calculate distance-sensitive end user traffic to/from the particular NPA-NXXs
associated with the specific Rate Center.
Ri1!ht-of-Wav (ROW)
The right to use the land or other property of another Party to place poles
conduits, cables, other structures and equipment, or to provide passage to accesssuch structures and equipment. A ROW may run under, on, or above public or
private property (including air space above public or private property) and may
include the right to use discrete space in buildings, building complexes, or otherlocations.
Routin1! Point
Denotes a location that a LEC has designated on its network as the homing(routing) point for traffic that terminates to Exchange Services provided by theLEC that bear a certain NP A-NXX designation. The Routing Point is used to
calculate airline mileage for the distance-sensitive transport element charges of
Switched Access Services. Pursuant to Telcordia Technologies Practice BR795-
100-100, the Routing Point may be an end office location, or a "LEC Consortium
Point of Interconnection." The Routing Point must be in the same LATA as the
associated NP A-NXX.
Service Switchin1! Point or Si1!nal Switchin1! Point (SSP)
Signaling Point that can launch queries to databases and receive/interpret
responses used to provide specific customer services.
Si1!nalin1! Point (SP)
A node in the CCS network that originates and/or receives signaling messages, ortransfers signaling messages from one signaling link to another, or both.
Si1!nalin1! System 7 (SS7)
The signaling protocol, Version 7, of the CCS network, based upon AmericanNational Standards Institute (ANSI) standards.
State
The State in which Services are to be provided under the Agreement.
Subsidiary
A corporation or other legal entity that is majority owned by a Party.
Subsequent Service Order
Applied to LSRs requesting a service change to an existing unbundled account(no CLEC transfer). For disconnect-only LSRs, no NRC will be applied.
Synchronous Optical Network (SONET)
Synchronous electrical (STS) or optical channel (OC) connections between LECs.
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Switched Access Service
The offering of facilities for the purpose of the origination or termination oftraffic to or from Exchange Service customers in a given area pursuant to a
switched access tariff. Switched Access Services include: Feature Group A
Feat~e Group B, Feature Group C, Feature Group D, 800 access and 900 access
servIces.
Tandem or Tandem Switch
Tandem means to connect in series. A Tandem or Tandem Switch connects one
trunk to another. It is an intermediate (Class 4) switch between an originating
telephone call and the final destination of the call.
TDM Technolo2Y
Time Division Multiplexing. 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 (~., voice, fax
dial-up Internet access) and high-capacity services like DS1and DS3 circuits.
Telcordia Technolo2ies
A wholly owned subsidiary of Science Applications International Corporation
(SAIC). The organization conducts research and development projects for its
owners, including development of new telecommunications services. Telcordia
Technologies also provides certain centralized technical and management services
for the regional holding companies and also provides generic requirements for the
telecommunications industry for products, services and technologies.
Telecommunications Services
The offering of telecommunications for a fee directly to the public, or to suchclasses of users as to be effectively available directly to the public, regardless ofthe facilities used.
Third Party Contamination
Environmental pollution that is not generated by the LEC or Level 3 but resultsfrom off-site activities impacting a facility.
Transit Traffic
Transit Traffic is traffic originating on Level 3's network that is switched and/ortransported by CenturyTel and delivered to a third party s network.
Trunk Side
Refers to a central office switch connection that is capable of, and has beenprogrammed to treat the circuit as, connecting to another switching entity, forexample, to another central office switch. Trunk side connections offer thosetransmission and signaling features appropriate for the connection of switchingentities and cannot be used for the direct connection of ordinary telephone sets.
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Undefined Terms
Undefined terms may appear in this Agreement. Parties acknowledge and agree
that any such terms shall be construed in accordance with CenturyTel's tariffs, or
if not defined therein, under customary usage in the telecommunications industry
as of the effective date of this Agreement.
Wire Center
A building or space within a building that serves as an aggregation point on aLEC's network , where transmission facilities and circuits are connected or
switched.
---. --
ADDENDUM GOVERNING ISP-BOUND TRAFFIC
The parties have been unable to agree within the body of the agreement as to the proper
treatment of ISP-bound traffic where the ISP is not located in the same calling area as the party
placing the call. Therefore the Parties agree to the special terms and conditions set forth in this
Addendum to be applied to such traffic for the term of the Agreement for such traffic.
Notwithstanding any provisions of the Agreement to the contrary, the following terms and
conditions apply to circumstances described in this addendum. To the extent that there is any
discrepancy between applying the Agreement and this Addendum, the terms of this Addendum
will apply.
SECTION 1. VNXX Codes
In return for consideration contained in Sections 3 and 4 of this Addendum, CenturyTel agrees to
the following treatment of traffic associated with telephone numbers that Level 3 has assigned to
ISP customers and rated to CenturyTel rate centers or to rate centers that share a local calling
area with CenturyTel rate centers ("ISP Numbers ). CenturyTel agrees to translate all Level 3
ISP Numbers in its switches such that traffic dialed to the ISP Numbers will be treated as local
regardless of the physical location of the ISP customer. CenturyTel agrees that it will not seek
interexchange" treatment of traffic dialed to the ISP Numbers.
SECTION 2. Direct Connection
In return for consideration contained in Section 1 of this Addendum, Level 3 agrees to direct
connect its network to CenturyTel's network under the following terms and conditions. To the
extent that Level 3 has assigned to a customer a telephone number that is rated to a CenturyTel
rate center, Level 3 agrees to establish a direct connection to CenturyTel's network to
accommodate exchange of traffic to or from such customer. Such direct connection shall be
established via a single point of interconnection ("POI") at:
a) The CenturyTel end office switch associated with the rate center to which
the telephone number is rated, or
b) The CenturyTel-owned access tandem if the CenturyTel end office
associated with the rate center to which the telephone number is rated subtends
the CenturyTel-owned access tandem and if the CenturyTel-owned access tandem
is in the same calling area as the CenturyTel end office, or
A location mutually acceptable to the Parties. In the event there is no mutually
acceptable alternative location, the direct connection shall occur at the location
identified in (a) or (b) above.
Level 3 shall be responsible for the costs of establishing such direct connection on its side ofthe
POI, and CenturyTel shall be responsible for the costs of establishing such direct connection on
its side of the POI. Level 3 may elect to purchase transport facilities from CenturyTel in order to
reach the POI.
To the extent that Level 3 has ported a CenturyTel number to a Level 3 customer, and as such
number would similarly be rated to a CenturyTel rate center, Level 3 agrees to establish a direct
connection in the manner described in this Section.
To the extent that Level 3 has assigned to a customer a telephone number that is rated to a non-
CenturyTel rate center, and such rate center is within a local calling area shared with one or more
CenturyTel end offices because of Extended Area Service ("EAS"), a direct connection will be
required only under the following circumstances: when either (1) traffic between two single
switches of each Party reaches a DS-1 level or (2) when both of the following conditions are
met: (a) one-way traffic between two single switches of each Party reaches 112 000 minutes of
use ("MODs ) per month for three consecutive months, and (b) CenturyTel is properly assessed
transiting charges by a third party, such transiting charges associated with a single traffic
exchange route exceeding $672 per month, and CenturyTel submits proof of payment of those
properly assessed transiting charges. Traffic will be deemed to have reached a DS-1level when
combined traffic between the switches exceeds 225 000 MOUs per month for three consecutive
months.
Either Party may notify the other Party if the requirement to install a direct connection pursuant
to this Section 2 is triggered. Upon such notification and verification that the requirement is
triggered, the Parties shall work cooperatively to install such direct connection.
SECTION 3. Reciprocal Compensation Charges
In return for consideration contained in Sections 1 and 2 of this Addendum, the Parties agree that
they will not seek reciprocal compensation for traffic originated by either Party s end users and
terminated to the ISP Numbers or any other ISP, including an ISP affiliate of either Party.