HomeMy WebLinkAbout20080626Amendment.pdfCE~~L personal touch _ advanced communications 805 Broadway
Vancouver, WA 98660
Jackie Philips
Regional Director-Carrer Relations
Tel: (360) 905-6985
Fax: (360) 905-6811
jackie. philipsØicénturyel.com
;"";"1
June 25, 2008 '-
\.
VIA OVERNIGHT MAIL
Mrs. Jean Jewell
Secretary to the Commission
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
RE: Amendment to the Local Interconnection Agreement between CenturyTel ofthe
Gem State, Inc. and 360networks (USA) inc. (Order No. 30463, Case No~_c6S -
T-07-02)
Dear Mrs. Jewell:
CenturTel of the Gem State, Inc. ("CentuyTel") hereby submits for approval by the
Idaho Public Utilities Commission ("Cômmission") the enclosed Amendment to the
Interconnection and Traffc Exchange Agreement ("Amendment") between CenturyTel
and 360networks (USA) inc. ("360networks"). The Amendment provides for directory
listing service and was reached through voluntary negotiations without resort to
mediation or arbitration and is submitted for approval pursuant to Section 252(e) ofthe
Communications Act of 1934, as amended by the Telecommunications Act of 1996 ("the
Act") and the requirements ofIdaho Administrative Code, 31.42.01, Rule 408.
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntar negotiations only ifthe Commission finds that
· the agreement (or portion thereof) discriminates against a telecommunications
carer not a party to the agreement, or
· the implementation of such agreement or portion is not consistent with the public
interest, convenience and necessity.
CenturTel respectfully submits that the Amendment provides no basis for either ofthese
findings, and therefore requests that the Commission approve the Agreement
Mrs. J ean Jewell
June 25, 2008
Page 2
expeditiously. First, the Amendment does not discriminate against any other
telecommunications carrer because CentuyTel has made the terms of the Amendment
available to other carrers. Second, the Amendment is consistent with the public interest
as identified in the pro-competitive policies of the State of Idaho, the Commission, the
U.S.
Congress and the Federal Communications Commission. The Amendment wil enable
the local connection to provide service to, and interconnect with, a greater number of
telecommunications customers in Idaho. Expeditious approval of this Amendment wil
facilitate immediate competition in the telecommunications market.
CenturTel fuher requests that the Commission approve this Amendment without a
hearng and without allowing the intervention of other paries. Because this Amendment
was reached through voluntary negotiations, it does not raise issues requiring a hearng
and does not concern other paries not a par of the negotiations. Expeditious approval
would fuher the public interest.
Enclosed are an original and seven copies of this filing as specified in IDAP A
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,~~s
Regional Director-Carer Relations
cc: Michel Singer Nelson (w/o enclosures)
Enclosures
E:(~lt:
FIRST AMENDMENT TO
TRAFFIC EXCHANGE AGREEMENTBETWEEN ID,0d
CENTURYTEL OF THE GEM STATE, IN(tlIUnES
AND
360NETWORKS (USA) INC.
26 9~ 2\
THIS FIRST AMENDMENT to the Traffic Exchange Agreement between 360networks
(USA) inc. ("CLEC") and CenturyTel of the Gem State, Inc. ("CenturyTel") which became
effective September 27,2007 and was approved by the Idaho Public Utilities Commssion in
Order No. 30463, Case No. CGS-T-07-02 on November 16, 2007 ( "Agreement") is hereby
made as provided in Article III, Paragraph 3 of the Agreement.
WHEREAS, CLEC wishes to establish directory services with CenturyTel pursuant to the
terms of Directory Services Agreement, the paries agree to amend the Agreement by adding
the Directory Services Agreement as Appendix D.
:::C¡"'ZTitle: ,. '¡ ,b, ¡G .
Date:5- /3-(J8 Date:
APPENDIXD
DIRECTORY SERVICES AGREEMENT
This Directory Services Agreement (the "Agreement") is made effective this 30th day of
April, 2008 (the "Effective Date") by and between 360networks (USA) inc ("CLEC"), a
Nevada corporation with its principle place of business at 867 Coal Creek Circle, Suite 160,
Louisvile, CO 80027 and CenturyTel of the Gem State, Inc. ("CenturyTel"), an Idaho
corporation its principle place of business at 100 CenturyTel Drive, Monroe, LA 71203, each
sometimes referred to herein individually as a "Party" or collectively as the "Paries".
WHEREAS, CenturyTel, either directly or through a third pary, publishes and distributes
alphabetical (white pages) and/or classified (yellow pages) telephone directories (hereinafter the
"Directory" or "Directories" as the case may be) in certain CenturyTel local exchange service
areas (the "CenturyTel Local Areas"); and
WHEREAS, CLEC is a properly certificated telecommunications carer and is licensed
to provide local exchange telephone service ("Local Service") directly to the public in
CenturyTel Local Areas pursuant to the provisions of CLEC's Interconnection and/or Resale
Agreements (the "Telco Agreements") with CenturyTel and fied with the appropriate State
Commssion; and
WHEREAS, CLEC desires and CenturyTel is wiling to provide, subject to the terms and
conditions set forth herein, certain services associated with such Directories as more paricularly
described herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and provisions
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Paries agree as follows:
1. SCOPE
This Agreement sets forth the terms pursuant to which CenturyTel agrees to provide to CLEC
basic services associated with the Directories such as publication of listings and distribution (the
"Services") as more paricularly described in Section 4 of this Agreement. CenturyTel and
CLEC may, from time to time, agree on the provision of additional services ("Additional
Services"), which shall be furnished pursuant to addendums to this Agreement and governed by
the terms and conditions set forth in this Agreement. No addendum for Additional Services shall
be binding unless signed by the Paries to this Agreement.
2. TERM
This Agreement shall remain effective only for the period of time set forth in the Telco
Agreement, and shall termnate upon the expiration or termination thereof, or in accordance with
the express provisions of this Agreement (the "Term"). The terms and conditions of this
Agreement shall be applicable to all Directories published during the Term.
3. CLEC OBLIGATIONS AND RESPONSIBILITIES
During the Term of this Agreement, the following obligations shall be the responsibilty of
CLEC, which obligations, unless otherwise expressly set forth herein, shall be performed within
the time frames and in accordance with the policies and procedures set forth on Exhibit A
attached hereto:
a. CLEC shall transmit to CenturyTel, or such third pary publisher as CenturyTel
may designate from time to time ("Publisher"), all Listing Information (as
hereinafter defined) relating to its subscribers ("Subscribers") who desire
published listings within a CenturyTel Directory. For purposes of this
Agreement, "Listing Information" shall consist of the Subscriber's name, address,
telephone number, desired yellow pages classified heading (if any), and all other
information reasonably requested by CenturyTel. Under no circumstances shall
CLEC provide Subscriber data as a par of Listing Information for those
Subscribers who do not desire published listings. Listing Information shall be
supplied without charge by CLEC, and shall be transmitted in a format and within
the time frames as reasonably directed by CenturyTel and in accordance with
CenturyTel's established standards and guidelines as may be communicated to
CLEC from time to time, and may be used by CenturyTel in providing Directories
in any format and for related purposes.
b. CLEC shall separately provide CenturyTel or Publisher with Directory delivery
address data for Subscribers, if different from the Listing Information, and for
those Subscribers who do not desire published listings if Subscriber has
authorized CLEC or its Customer to provide CenturyTel said information..
c. CLEC shall promptly, but in any event within ten days, notify CenturyTel or
Publisher of any Directory related inquiries, requests, or complaints that CLEC
receives from Subscribers, and shall reasonably cooperate with CenturyTel and/or
Publisher to resolve such matters in a timely and expeditious manner.
d. CLEC shall process all Listing Information change requests received from
CenturyTel or Publisher within the time frames established by CenturyTel in its
sole discretion.
e. CLEC shall transmit to CenturyTel or Publisher all information arsing from
Subscriber transactions that should result in an addition to, a change in or a
deletion of any Listing Information previously transmitted by CLEC to
CenturyTel and held in CenturyTel' s database.
f. CLEC wil pay all costs as set forth in the attached Exhibit B, Directory Services
Schedule, for Services, including but not limited to CenturyTel' s reasonable
expenses associated with its performance of the obligations set forth in this
Agreement. Such costs shall include, but are not limited to, expenses associated
with work performed by the Publisher.
g. CLEC shall respond within five (5) business days to any request by CenturyTel to
review and correct any Galley Proofs (as hereinafter defined). CLEC expressly
acknowledges that time is of the essence with respect to the publishing cycle of
any Directory. In the event CLEC fails to provide CenturyTel with written notice
of any necessary corrections within the time frame set forth in this provision, such
Galley Proofs shall be deemed to be correct and CLEC shall indemnify
CenturyTel for any claims by Subscribers related to errors in the Directory as
published in reliance on such Galley Proofs.
h. Upon request, CLEC shall furnsh to CenturyTel documentation evidencing
compliance with the requirements of this Agreement.
4. CENTURYTEL OBLIGATIONS AND RESPONSIBILITIES
During the Term of this Agreement, the responsibilities of CenturyTel and/or Publisher shall be
the following:
a. CenturyTel shall include one standard listing ("CLEC Listing") for each
Subscriber for whom CenturyTel receives Listing Information in CenturyTel's
Directories for the CenturyTel Local Area. Standard CLEC Listings shall be
interfiled with listings of other local exchange telephone company subscribers and
treated in the same manner as other listings, according to CenturyTel' s regular
procedures. CenturyTel shall establish a process that affords CLEC an
opportunity to review and correct Subscriber's alphabetical listings in advance of
publication (generally referred to as a "Galley Proof'). Said review process shall
be subject to the availability of CLEC Listings in advance of publication and the
time/deadline constraints imposed by CenturyTel and/or its Publisher, and as set
forth in Section 3.g. above. CLEC shall be responsible for any costs associated
with the review process charged by CenturyTel and/or its Publisher.
b. CenturyTel shall make available, at no charge to CLEC or its Subscribers, one
listing for each CLEC business customer under the appropriate heading in
CenturyTel's applicable classified Directories, such headings and Directories to
be determined at CenturyTel' s discretion.
c. CenturyTel shall include, at no additional charge, CLEC critical contact
information alphabetically (by local exchange carer) in the information pages of
its alphabetical Directories (but only where such information pages are otherwise
included in a given Directory) for communities where CLEC offers Local Service,
in accordance with CenturyTel's standards for inclusion in a given Directory. For
this purpose, CLEC must: (1) be state certificated, (2) provide local dial tone
service within the Directory distribution coverage area, (3) have executed an
Interconnection Agreement with CenturyTel or a CenturyTel affilliate that has
been approved by the State Public Service or Utilty Commssion, (4) supply in a
timely manner critical contact information needed by CenturyTel to produce
information pages, and (5) ensure that critical contact information telephone
numbers are working numbers. Critical contact information includes CLEC's
name and logo, telephone numbers for telephone services, biling, and repair
services.
d. CenturyTel shall not be restricted in supplying to third paries any information
obtained from CLEC regarding its Subscribers as may be required to fulfil
regulatory requirements or as may otherwise be required by law.
e. CenturyTel shall distribute alphabetical and classified Directories to local
Subscribers at the time the Directory is published, at no charge to CLEC or
Subscribers, in accordance with CenturyTel's procedures, provided that physical
Directory delivery information has been provided by CLEC. Thereafter, and for
the life of the Directory, CenturyTel shall undertake distribution to all new CLEC
Subscribers and those existing Subscribers that need replacement or additional
copies ("Secondary Distribution") upon CenturyTel's receipt of necessary
Subscriber information via CenturyTel' s standard directory service request
process ("DSR Process"), such Secondary Distribution to be in accordance with
CenturyTel's standard procedures. CenturyTel shall make available to CLEC's
Subscribers an 800 number to use for any Secondary Distribution requirements.
5. DIRECTORY ADVERTISING
CLEC acknowledges and agrees that this Agreement does not cover the provision of Directory
advertising, and CLEC expressly acknowledges that any purchase of Directory advertising shall
be handled in accordance with the terms and conditions of CenturyTel's standard Contract for
Directory Advertising Services, and at the prices which CenturyTel may have in effect from time
to time.
6. COOPERATION
The Paries acknowledge and agree that cooperation between them wil be required to serve the
needs of each Pary's subscribers most effectively, and agree to exercise commercially
reasonable efforts to achieve the highest quality of service for such subscribers.
7. SALES AND PUBLISHING PROCEDURES
CenturyTel shall maintain full authority over its Directory publishing schedules, procedures,
standards, and practices, and over the scope and schedules of its Directories. All CLEC listings
shall be subject to such publishing schedules, procedures, standards, and practices, and scope and
schedules of CenturyTel's Directories. CenturyTel shall periodically supply CLEC with updates
concerning publishing schedules and related matters. Nothing in this Agreement shall be
construed as limiting CenturyTel from entering into an agreement with a third pary, in its sole
discretion, to act as Publisher.
8. LIMITATION OF LIABILITY; INDEMNITY
a. CenturyTel's liability to CLEC or any CLEC Subscriber for any errors or
omissions in Directories published by CenturyTel and/or Publisher (including, but
not limited to, any error in any Subscriber or CLEC listing), or for any default or
breach of this Agreement, or for any other claim otherwise arising hereunder,
shall be limited to amounts paid by CLEC to CenturyTel under this Agreement.
CenturyTel shall have no liability to CLEC or it's Subscribers for any errors or
omissions in any Subscriber or CLEC listing published by CenturyTel, or for the
publication of any Subscriber data where such Subscriber does not desire a
published listing. CLEC shall fully indemnify CenturyTel in accordance with the
provisions of Section 8.b. of this Agreement as to any errors or omissions in a
CLEC Subscriber listing. CLEC expressly represents that it is authorized to enter
into this provision on behalf of itself and its Subscribers.
b. CLEC agrees to indemnify, defend, and hold harmless CenturyTel, its directors,
officers, employees, agents and their affilates (collectively, the "Indemnified
Paries") from all losses, claims, damages, expenses, suits, or other actions, or any
liabilty whatsoever including, but not limited to, damages, liabilities, costs and
attorneys' fees, made or asserted by any third pary (including, but not limited to
Subscribers) against the Indemnified Paries and arsing out of CenturyTel's
performance under the terms of this Agreement, from CLEC's or any third pary's
use of the information provided under this Agreement, or from CLEC's
performance under this Agreement.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, EXCEPT WHRE SUCH
DAMAGES OCCUR AS THE RESULT OF A BREACH OF CONFDENTIALITY, OR
RELATE TO A CENTURYTEL INDEMNITY CLAIM.
10. ASSIGNMENT
Any assignment by either Pary of any right or duty under this Agreement without the written
consent of the other Pary shall be void, except that either Pary may assign all of its rights and
duties under this Agreement to any entity that is a subsidiary or affiliate of that Party, or to a
successor by way of merger or purchase of all or substantially all of the assigning Pary's stock
or assets, as of the date of assignment without consent, but with written notification and except
that CenturyTel may subcontract the services to be provided hereunder. Any assignment of any
right or duty under this Agreement, including but not limited to assignment to a subsidiar or
affilate, shall not relieve or excuse the assigning Pary's responsibility for any performance
pursuant to this Agreement.
11. RELATIONSHIP OF THE PARTIES, THIRD PARTY BENEFICIARIES
This Agreement does not create any joint venture, parnership, or employment relationship
between the Paries or their employees, and the relationship between the Paries shall be that of
independent contractors. There are no intended third pary beneficiares to this Agreement.
12. CONFIDENTIAL INFORMATION
a. The Paries recognize and agree that each Pary owns, or otherwise has a
proprietary interest in, certain information which is of a special, unique, or non-
public nature, including, but not limited to: trade secrets; information relating to
its business plans, schedules, operations and affiliations; marketing information;
computer software; and other information relating to such Pary, or its suppliers,
customers, and affilates (hereinafter collectively referred to as "Confidential
Information"). During the Term of this Agreement, the Paries have disclosed, or
may hereafter disclose, to each other some or all of such Confidential Information
incident to performance of the Parties' obligations under this Agreement. The
receiving pary shall preserve in confidence all Confidential Information of the
disclosing pary, and shall not reveal or in any way disclose the content or
existence of Confidential Information to persons not authorized in writing by the
disclosing pary to receive same, and the Parties shall take all reasonable steps
necessary to prevent unauthorized paries, including local telecom service sales
during the listing order process, from obtaining Confidential Information in the
receiving pary's knowledge or possession. The terms and conditions of this
Agreement, and any agreements entered into in accordance with this Agreement,
shall be considered Confidential Information, except to the extent reasonably
necessary to enforce them.
b. The receiving party shall not have an obligation to protect Confidential
Information of the disclosing pary which: (i) becomes publicly available other
than through the action of the receiving pary, (ii) is rightfully furnished to the
receiving party by a third pary without restriction on disclosure, (iii) is furnished
by the disclosing pary to a third pary without restriction on disclosure, (iv) is
previously known by the receiving party at the time of receiving such
information, or (v) is required to be disclosed by valid order of a court or other
governmental body or otherwise required by law.
c. Each Pary wil make copies of the Confidential Information only as necessary for
its use under the terms hereof, and each such copy wil be marked with the same
proprietary notices as appear on the originals. Each Pary agrees to use the
Confidential Information solely in support of the Agreement and for no other
purposes. Confidential Information shall be labeled as such to the extent possible.
13. FORCE MAJEURE
In the event performance of this Agreement is either directly or indirectly prevented or restricted
by reason of fire, flood, earhquake, acts of God, war, revolution, terrorism, embargo, acts of
government in its sovereign capacity, labor difficulties, unavailabilty of equipment from a
vendor, or any other circumstances beyond the reasonable control and without the fault or
negligence of the Pary affected, the affected Party, upon giving prompt notice to the other Pary,
shall be excused from such performance on a day-to-day basis to the extent of such prevention or
restriction, and the other Party shall likewise be excused from performance of its obligations on a
day-to-day basis, until the delay or restriction has ceased; provided, however, that the Pary so
affected shall use diligent efforts to avoid or remove such causes of non-performance, and both
paries shall proceed at the time such causes are removed.
14. PUBLICITY
Neither CenturyTel nor CLEC shall disclose the terms of this Agreement except to the extent
reasonably necessary to enforce them, or use the trade names or trademarks of the other, without
the prior written consent of the other. The Parties shall consult with each other (and allow the
other Party notice, and a reasonable time to comment) in preparng any announcement, press
release, public statement, news media response or other form of release of information
concerning this Agreement or the transactions contemplated hereby. Neither Pary shall issue or
cause the publication of any press release, public announcement or media response without the
prior written consent of the other Pary.
15. SEVERABILITY
If any provision of this Agreement is held by a court or regulatory agency of competent
jurisdiction to be unenforceable, the remainder of the Agreement shall continue in full force and
effect and shall not be affected unless removal of that provision results, in the opinion of either
Pary, in a material change to this Agreement. If a material change occurs as a result of action by
a court or regulatory agency, CenturyTel and CLEC shall negotiate in good faith, replacement
language for such unenforceable provision. If replacement language cannot be agreed upon
within a reasonable period, either Party may termnate the Agreement without penalty or liabilty
upon written notice to the other Pary.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties pertaining to the subject matter
hereof and supersedes all prior agreements, negotiations, proposals, and representations, whether
written or oraL. No representations, understandings, agreements, or waranties, express or
implied, have been made or relied upon in the makng of this Agreement other than those
specifically set forth herein.
17. GOVERNING LAW
This Agreement shall be executed and delivered in Monroe, Louisiana, and wil be governed by
and construed in accordance with the laws of the State of Louisiana without respect to
Louisiana's rules governing conflcts of laws.
18. NOTICES
Any notice to either Pary required or permtted under this Agreement shall be in writing and
shall be deemed to have been received on the date of service if served personally, or on the date
five (5) days after posting if delivered by certified mail, or by telecopier with written
confirmation or courier service that obtains written receipt. Notice may also be provided by
facsimile transmission which shall be effective on the next Business Day following date of
transmission, where "Business Day" shall mean Monday through Friday, except for holidays on
which United States mail is not delivered. Any notice shall be directed to the applicable address
indicated below, or such address as the Pary to be notified has designated by giving written
notice to the other Pary.
If to CenturyTel:
With a copy to:
If to CLEC:
19. TAXES
CenturyTel
Jennifer Garsee
100 CenturyTel Dnve,
Monroe, LA 71203
318-330-6382
FAX 318-340-5117
Jennifer. garsee (l century tel. com
CenturyTel
Director, Carrer Relations
805 Broadway
Vancouver, W A 98660
Telephone: 360-905-6985
FAX: 360-905-6811
jackie. philips &J CenturyTel.com
Michel Singer Nelson
Associate General Counsel
867 Coal Creek Circle, Suite 160
Louisvile, CO 80027
mnelson &J360.net
Any state or local excise, sales, or use taxes (excluding any taxes levied on income) resulting
from performance of this Agreement shall be borne by the Party upon which the obligation for
payment is imposed under applicable law, even if the obligation to collect and remit such taxes is
placed upon the other Party. Each Pary shall provide the other Pary sufficient notice to protest
any taxing jurisdiction's audit claims, and cooperate fully if an appeal is deemed necessary.
20. WAIVER
The failure of either Pary to require performance of any provision of this Agreement, or to
exercise any right or privilege granted under this Agreement, shall not be construed as a waiver
of such provision or any other provision of this Agreement, and the same shall continue in full
force and effect.
21. INTELLECTUAL PROPERTY
Neither CenturyTel, Publisher nor a third party performng CenturyTel obligations hereunder
shall have any obligation to defend, indemnify, or hold harless, or to acquire any license or
right for the benefit of, or owe any other obligation, or have any liabilty to CLEC based on, or
arising from, any claim, demand, or proceeding by any third pary asserting direct or
contributory infringement, misuse, or misappropriation of any patent, copyright, trademark, trade
secret, or other intellectual property right of any third pary.
22. EXPENSES
Except as specifically set out in this Agreement, each Pary shall be solely responsible for its
own expenses resulting from activities related to the subject of this Agreement.
23. COMPLIANCE WITH LAWS AND REGULATIONS
Each of CenturyTel and CLEC shall comply with all federal, state, and local statutes, regulations,
and administrative rulings applicable to its performance under this Agreement.
24. CHANGE OF LAW
CenturyTel and CLEC further agree that the terms and conditions of this Agreement were
composed in order to effectuate the legal requirements in effect at the time the Agreement was
produced. Any modifications to those requirements wil be deemed to automatically supersede
any terms and conditions of this Agreement, and the Paries agree to expeditiously make such
changes to the terms of this Agreement.
25. RULE OF CONSTRUCTION
No rule of construction requiring interpretation against the drafting Pary hereof shall apply in
the interpretation of this Agreement.
26. HEADINGS
The headings in this Agreement are inserted for convenience and identification only and shall not
be considered in the interpretation of this Agreement.
27. PARTIAL TERMINATION
Notwithstanding anything to the contrary contained herein, CenturyTel may termnate this
Agreement as to a specific exchange or exchanges in the event that CenturyTel discontinues
publishing a Directory that covers such exchange or exchanges. CenturyTel shall provide CLEC
with at least ninety (90) 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 exchange or exchanges, this Agreement shall remain in full force and effect for the
remaining exchanges.
28. COUNTERPARTS
This Agreement may be executed in one or more counterparts, all of which taken together shall
constitute one instrument.
29. ATTORNY'S FEES
In the event of any suit or action to enforce or interpret this Agreement or any provision hereof,
the prevailing pary in such suit or action shall be entitled to recover its costs, expenses and
reasonable attorney's fees, both at trial and on appeal, in addition to all other sums allowed by
law and this Agreement.
IN WITNESS WHEREOF, the authorized representatives of each Party have executed this
Agreement as of the Effective Date hereof.
CenturyTel of the Gem Sta e, Inc.
B .
Title:
Listings Provision Authorization for CLEC
CenturyTel is hereby authorized to provide CLEC Listing Database Extract
Information and CLEC Listing Update Information to third pary Directory publishers
upon such publisher's request.
360networks (USA) inc.
ture)
Name: Liza !., :ì""""11
Title~Ve ~"l.j "rs-
Date:5/7= /;ZtJÐLr /
EXHIBIT A
Policies and Procedures; Required Time Frames
o CLEC to submit directory listing requests for all additions, changes, deletions on a daily
basis via the DSR Process per OBP standard to CenturyTel or its Publisher as directed by
CenturyTel
o CLEC to respond to all listing queries and requests for directory listing changes within
two business days
o CLEC to assign classified heading for each business customer at the time of submission
of the DSR Process
o CLEC to provide delivery address information for each CLEC subscriber either via the
DSR Process or as otherwise directed by CenturyTel
EXHIBITB
Directory Services Schedule
Description of Services:
Preliminary Pages
o Critical customer contact numbers for billng, service, repair
o Listing of CLEC name and address in alpha order on page(s) titled "Other Telephone
Service Providers"
Directory Listings
o A white pages listing for each published CLEC subscriber
o A standard regular listing in classified section of directory for each business
- A complete list of classified headings and a directory production schedule, with
service order close and galley due dates, wil be provided
o Fulfilment of orders for directory listings to 3rd pary directory publishers on behalf of
CLEC
White Pages Galleys
o One white pages galley for each directory to proof prior to publication at no charge
o Additional galleys available upon request
Copies of Directories
o One copy of telephone directory to CLEC at time of publication
o Delivery of directories to CLEC subscribers, (quantity of 1 per residence and 2 per
business unless otherwise specified) during initial and secondary distribution
Directory Service Request
o Service order processing to update, establish or change a directory listing
Fee Schedule:
Item
Preliminary Pages
Directory Listings
Description
Listing of CLEC and contact numbers
Subscriber Listings
Tarff Items (e.g. additional listings)
Order Fulfilment
First galley
Ad Hoc (Each Additional) Galley
Listing changes on final galley
Copies for Subscribers
Request to update or establish
a directory listing
White Pages Galleys
Copies of Directories
Directory Service Request
(stand alone)
Fee
No Charge
No Charge
Tarff Rate
No Charge
No Charge
$150.00 ea.
$1.50 each
No Charge
$3.95 per DSR