20071029Application.pdf

P.O. Box 9901
Vancouver, WA 98668-8701
Jackie Phillips
Regional Director-Carrier Relations
805 Broadway
Vancouver, WA 98660
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October 26, 2007
VIA OVERNIGHT MAIL
Mrs. Jean Jewell
Secretary to the Commission
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
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RE:Local Interconnection Agreement between CenturyTel of the Gem State, Inc. and
360networks (USA) inc.
Dear Mrs. Jewell:
CenturyTel of the Gem State, Inc. ("CenturyTel") hereby submit for approval by the
Idaho Public Utilities Commission ("Commission ) the enclosed Interconnection and
Traffic Exchange Agreement ("Agreement") which provides for interconnection and
exchange of traffic between CenturyTel and 360networks (USA) inc. ("360networks
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 ofIdaho, the Commission, the US.
805 Broadway
Vancouver, WA 98668
Mrs. Jean Jewell
October 26, 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
9iUku
Jackie Phillips
Regional Director-Carrier Relations
cc: Michel Singer Nelson (w/o enclosures)
Enclosures
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TRAF~C EXCHANGE AGREEMENT
BETWEEN
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CENTURYTEL OF THE GEM STATE, INc.
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360NETWORKS (USA) INc.
IN THE STATE OF IDAHO
Final Traffic Exchange Agreement - CTL of the Gem State 090707
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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 360networks (USA) inc. ("360NETWORKS"), in its
capacity as a certified Provider of local two-way wireline dial-tone service, with its address for
this Agreement at 867 Coal Creek Circle, Suite 160, Louisville, Colorado 80027, (CenturyTel
and 360NETWORKS being referred to collectively as the "Parties" and individually as a
Party ). This Agreement covers services in the State ofIdaho 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 LEe'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 360NETWORKS hereby covenant and agree as follows:
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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.
360NETWORKS agrees to negotiate reciprocal terms and conditions with CenturyTel based on
this Agreement.
The services and facilities to be provided to 360NETWORKS by CenturyTel in satisfaction
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.C. 153. Pursuant to Section 251 (f)(1) of the Act, CenturyTel is exempt from
Section 251 (c) of the Act. Notwithstanding such exemption, CenturyTel has entered into and
accepted this Agreement for purposes of exchanging 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)(1) or 251 (f)(2)
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.
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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 C attached to this Agreement and made a part hereof 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 theextent that there may be any conflict between a definition set forth in Appendix C 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.
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ARTICLE III
GENERAL PROVISIONS
Scope of General Provisions.
Except as may otherwise be set forth in a particular Article or Appendix of thisAgreement, in which case the provisions of such Article or Appendix shall control, theseGeneral Provisions apply to all Articles and Appendices of this Agreement.
Term and Termination.
2.1 Term.
-Subject to the termination provisions contained in this Agreement, the term of thisAgreement shall be for a period of two (2) years ITom the Effective Date asdefined in Section 36 and therefore defined as the "Initial Term ThisAgreement shall thereafter automatically renew for successive one (1) year
periods (each a "Renewal Term ; the Initial Term and all Renewal Terms are
collectively referred to as the "Term ), unless either party provides written notice
of cancellation to the other at least ninety (90) days prior to the end of the Initial
Term or the Renewal Term, as the case may be.
Post Termination Arrangements
Except in the case of termination as a result of either Party s Default underSection 2.3 below, or a termination upon sale, pursuant to Section 2., for servicearrangements made available under this Agreement and existing at the time
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 newagreement, or (ii) for up to one hundred eighty (180) calendar days
following the date that either Party has given notice, pursuant to Section
, of its desire to terminate this Agreement.
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 Partynotifies the defaulting Party in writing of the alleged default and that thedefaulting Party does not cure the alleged default within thirty (30) Days ofreceipt of written notice thereof. Following a non-defaulting Party s notice to thedefaulting Party of its Default, the non-defaulting Party 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 receivershipproceedings by or against the Party; or
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(b)A Party s Certificate of Operating Authority has been revoked by the
Commission, or
(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 material
terms or conditions of this Agreement.
Termination Upon Ordering and Implementation Inactivity.
Notwithstanding anything to the contrary contained herein, CenturyTel may
terminate this Agreement in the event 360NETWORKS has not (a) placed anyinitial orders for any of the services to be provided pursuant to this Agreement
and (b) implemented any said services to 360NETWORKS customers within one
(1) year from the Effective Date ofthis Agreement.
Termination Upon Sale.
Notwithstanding anything to the contrary contained herein, a Party may terminate
this Agreement as to a specific operating area or portion thereof if such Party sells
or otherwise transfers the area or portion thereof to a non-affiliate. 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 is
expressly 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 duties
under this Agreement, either in whole or in part, to any entity that is, or that was
immediately preceding such assignment, a Subsidiary or Affiliate of that Party withoutconsent, but with written notification. The effectiveness of an assignment shall beconditioned 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 is
able to fulfill the assignor s obligations hereunder.
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Authority.
Each person whose signature appears on this Agreement represents and warrants that he
or she has authority to bind the Party on whose behalf he or she has executed thisAgreement. Each Party represents he or she has had the opportunity to consult with legal
counsel of his or her choosing and neither Party has relied on the other Party s counselor on representations by the other Party s personnel not specifically contained in this
Agreement, in entering into this Agreement
Responsibility for Payment.
CenturyTel may charge 360NETWORKS and 360NETWORKS will pay CenturyTel a
deposit before CenturyTel is required to perform under this agreement, if CenturyTel so
deems a deposit appropriate after examination of 360NETWORKS's payment and/orcredit history. Such deposit will be calculated based on CenturyTel's estimated two-month charges to 360NETWORKS. Deposits may be modified from time to time based
on actual billing history and the credit rating of 360NETWORKS. Interest will be paid onthe deposit in accordance with state requirements for end user deposits.
CLEC Profile.
Before direct connection orders can be taken, the CLEC Profile in the form provided by
CenturyTel must be completed by 360NETWORKS and returned to CenturyTel; and, ifrequired, by CenturyTel, an advanced deposit paid. Among other things360NETWORKS will provide CenturyTel with its Operating Company Number (OCN),
Company Code (CC), and Customer Carrier Name Abbreviation (CCNA) as described in
the CenturyTel Service Guide. 360NETWORKS agrees to warrant to CenturyTel that it
is a certified provider of telecommunications service in the State. 360NETWORKS will
document its Certificate of Operating Authority on the CLEC Profile and agrees topromptly update this CLEC Profile 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 ofthe local, State and Federal governments.
Ordering and Electronic Interface.
Manual interface is currently being used for 360NETWORKS to order services, and itincludes facsimile orders and E-mail orders in accordance with the CenturyTel ServiceGuide. Conventional electronic ordering interface is not currently available. IfCenturyTellater makes electronic interface ordering available to 360NETWORKS , thenthe Parties agree that, to the extent practicable, electronic interface will be used by
360NETWORKS for ordering services and manual 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 SupportInterface (MECOD), 360NETWORKS and CenturyTel agree to exchange all information
to accurately, reliably, and properly order and bill for features, functions and servicesrendered under this Agreement.
10.
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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 oflimitations, 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 thirty (30) business days of the receipt of the bill or the dispute shall be
waived, subject to any State regulatory requirements. The Parties shall diligently
work toward resolution of all billing issues. Notwithstanding the foregoing, ifProvider 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 a charge on the past due balance at the lesser of an interest rate equal to the
amount of Yz% charge per month, or the maximum nonusurious rate of 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 leastthirty (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) ofa 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 theaudited Party s security rules.
10.5.2 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 360NETWORKS shall retain recordsof call detail for a minimum of nine months from which a Pill can
ascertained. The audit shall be accomplished during normal businesshours at an office designated by the Party being audited. Audit requestsshall not be submitted more frequently than one (1) time per calendar
year. Audit requests are limited to one (1) per calendar year including
and covering Audits per Sections 10.1 and 10.5.2. Audits shall beperformed by a mutually acceptable independent auditory paid for by the
Party requesting the audit. The Pill shall be adjusted based upon the audit
results and shall apply to the usage for the quarter the audit was
13.
14.
11.
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
the audit. If, as a result of an audit either Party is found to have
overstated the PIU by twenty percentage points (20%) or more, that Partyshall reimburse the auditing Party for the cost of the audit.
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 soonafter 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. A Party may delay processing the other Party s service orders
should the Parties not perform obligations as specified in this Section 12. Suchresponsibilities shall include but are not limited to the following:
12.
12.
12.
12.4
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.
Each Party will furnish to the other Party information that provides for statewideannual forecasts of order activity, in-service quantity forecasts and
facility/demand forecasts.
The Parties will develop joint forecasting responsibilities for traffic utilization
over trunk groups and yearly forecasted trunk quantities as set forth in Article IV.
Each Party shall notify the other Party 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. A Party s orders that
exceed the capacity of that Party s forecast shall only be filled to the extent the
requested capacity is Currently Available.
Each Party reserves the right to condition the fulfillment of additional service
orders on satisfactory fill rates by the ordering Party in previously ordered
capacity, or on payment for all of the additional capacity absent satisfactory fill
rates.
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 performance
under this Agreement.
Confidential Information.
14.
14.
14.
Identification.
Either Party may disclose to the other proprietary or confidential customer
technical, or business information in written, graphic, oral or other tangible orintangible forms ("Confidential Information
Notwithstanding the foregoing, preorders and all orders for services placed by360NETWORKS pursuant to this Agreement, and information that would
constitute customer proprietary network information of 360NETWORKS end user
customers pursuant to the Act and the rules and regulations of the FCC, as well asrecorded usage information with respect to 360NETWORKS end users, whetherdisclosed by 360NETWORKS to CenturyTel or otherwise acquired by
CenturyTel in the course of its performance under this Agreement shall beconsidered Confidential Information.
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;
(b)To limit access to such Confidential Information to authorized employeeswho have a need to know the Confidential Information for performance of
this Agreement;
(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 othersor authorize anyone else to copy, publish, or disclose such ConfidentialInformation to others without the prior written approval of the source;
To return promptly any copies of such Confidential Information to the
source at its request; and
(e)
(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.
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 already knownor received in good faith from a third party, now is or later becomes publiclyknown through no breach of confidential obligation by the recipient, wasdeveloped by the recipient without the developing persons having access to any ofthe Confidential Information received in confidence from the source, wasexpressly approved for release by written authorization of the disclosing Party, or
that is required to be disclosed pursuant to subpoena or other process issued by a
court or administrative agency having appropriate jurisdiction, providedhowever, that the recipient shall give prior notice to the source and shall
reasonably cooperate if the source deems it necessary to seek protectivearrangements.
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 two (2) 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 orrequired of a Party by any provision of this Agreement, it shall not be conditionalumeasonably withheld, or delayed.
16.Fraud.
Each Party assumes responsibility for all fraud associated with its end-user customers
and accounts. Neither Party shall bear responsibility for, nor is it required to investigate
or make adjustments to the other Party s account in cases of fraud.
17.Reimbursement of Expenses.
In performing under this Agreement either Party may be required to make expenditures
or otherwise incur costs that are not otherwise reimbursed under this Agreement. The
Party providing such services shall provide the other Party written notification when cost
reimbursement from that Party is expected. The other Party will acknowledge and agree
to the estimated cost before the providing Party is entitled to such reimbursement.
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 aninjunction related to the purposes of this Agreement, or suit to compel compliancewith this dispute resolution process, the Parties agree to use the followingalternative dispute resolution procedures as the sole remedy with respect to anycontroversy or claim arising out of or relating to this Agreement or its breach.
18.
18.2 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 anydispute 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 representativesfor 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 suchcommunications, which are not prepared for purposes of the negotiations, are notso exempted and may, if otherwise discoverable, be discovered or otherwiseadmissible, be admitted in evidence, in the arbitration or lawsuit.
18.
18.4
18.
18.
Arbitration.
If the negotiations do not resolve the dispute within sixty (60) Business Days of
the initial written request, the dispute shall be submitted to binding arbitration. the election of either Party, arbitration shall be before the Commission.
Otherwise, arbitration shall be by a single arbitrator pursuant to the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") except that
the Parties may select an arbitrator outside American Arbitration Association
rules upon mutual agreement. If the State Commission is selected as the
arbitrator, 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 procedures
set out in AAA rules. Discovery shall be controlled by the arbitrator and
shall be permitted to the extent set out in this section. Each Party may
submit in writing to a Party, and that Party shall so respond to, a maximum
of any combination of thirty-five (35) (none of which may have subparts)
of the following: interrogatories, demands to produce documents, or
requests 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 arbitration
hearing shall be commenced within sixty (60) Business Days of the
demand for arbitration. The arbitration shall be held in a mutually
agreeable city. The arbitrator shall control the scheduling so as to process
the matter expeditiously. The Parties may submit written briefs. The
arbitrator shall rule on the dispute by issuing a written opinion within
thirty (30) Business Days after the close of hearings. The times specified
in this section may be extended upon mutual agreement of the Parties or
by the arbitrator upon a showing of good cause.
(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
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 , then
the 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).
Costs.
Each Party shall bear its own costs of these procedures. A Party seeking
discovery shall reimburse the responding Party the reasonable costs of production
of documents (including search time and reproduction costs).
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 of
any dispute resolution procedures each Party reserves the right not to accept new
service orders from the other Party.
19.
20.
21.
22.
23.
24.
25.
Entire Agreement.
This Agreement constitutes the entire agreement of the Parties pertaining to the subject
matter of this Agreement and supersedes all prior agreements, negotiations, proposals
and representations, whether written or oral, and all contemporaneous oral agreements
negotiations, proposals, and representations concerning such subject matter.
representations, understandings, agreements, or warranties, expressed or implied, have
been made or relied upon in the making of this Agreement other than those specifically
set forth herein.
Expenses.
Except as applicable in accordance with Section 17, each Party shall be solely responsible
for its 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 either
directly or indirectly prevented, restricted, or interfered with by reason of fire, flood
earthquake or likes acts of God, wars, revolution, civil commotion, explosion, acts of
public enemy, embargo, acts of the government in its sovereign capacity, labor
difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts
unavailability of equipment from vendor, changes requested by Customer, or any other
material 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
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 shall
use diligent efforts to avoid or remove such causes of nonperformance and both Parties
shall proceed whenever such causes are removed or cease. It is expressly agreed that
financial 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 be
conditional, umeasonably withheld or delayed.
Governing Law.
This Agreement shall be governed by and construed in accordance with applicable
federal and (to the extent not inconsistent therewith) domestic laws of the state where the
services are provided or the facilities reside.
Standard Practices.
The Parties acknowledge that CenturyTel shall be adopting some industry standard
practices 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.
360NETWORKS 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.
26.
27.
28.
Independent Contractor Relationship.
The persons provided by each Party shall be solely that Party s employees and shall be
under the sole and exclusive direction and control of that Party. They shall not be
considered employees of the other Party for any purpose. Each Party shall remain anindependent 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 labor
hours of labor, health and safety, working conditions and payment of wages. Each Party
shall also be responsible for payment of taxes, including federal, state and municipal
taxes, chargeable or assessed with respect to its employees, such as Social Security,
unemployment, workers' compensation, disability insurance, and federal and state
withholding. Each Party shall indemnify the other for any loss, damage, liability, claimdem~d, or penalty that may be sustained by reason of its failure to comply with this
prOVISIOn.
27.
Law Enforcement Interface.
27.2
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
emergency traces and emergency information retrieval on customer invoked
CLASS services.
CenturyTel agrees to work jointly with 360NETWORKS in security matters to
support law enforcement agency requirements for taps, traces, court orders, etc.
Each Party will, in non-emergency situations, inform the requesting law
enforcement agencies that the end-user to be wire tapped, traced, etc. is the other
Party s Customer and shall refer them to the other Party.
28.
Liability and Indemnity.
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 and its
parent and its affiliates and their officers, directors and employees (the
indemnified Party ) ITom all losses, claims, demands, damages, expenses, suits
or other actions, or any liability whatsoever, including, but not limited to, costs
and attorney s fees, whether suffered, made, instituted, or asserted by any other
party or person, for invasion of privacy, personal injury to or death of any person
or persons, or for losses, damages, or destruction of property, whether or not
owned by others, proximately caused by the indemnifying Party s negligence or
willful misconduct, regardless of form of action. The indemnified Party agrees to
notify the other Party promptly, in writing, of any written claims, lawsuits, or
demands for which it is claimed that the indemnifying Party is responsible under
this Section and to cooperate in every reasonable way to facilitate defense orsettlement 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. The indemnifying Party shall not be liable under this Section forsettlement by the indemnified Party or any claim, lawsuit, or demand, if the
indemnifying Party has not 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, the indemnifying Party shall be liable for any reasonablesettlement made by the indemnified Party without approval of the indemnifying
Party.
28.
28.
28.4
29.
End-User and Content-Related Claims.
The Indemnifying Party agrees to release, indemnify, defend, and hold harmless
the 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, damages
expenses, suits, or other actions, or any liability whatsoever, including, but not
limited to, costs and attorney s fees, suffered, made, instituted, or asserted by the
Indemnifying Party s end-users against an Indemnified Party arising from
Services or Facilities. The Indemnifying Party further agrees to release
indemnify, defend, and hold harmless the Indemnified Party from all losses
claims , demands, damages, expenses, suits, or other actions, or any liability
whatsoever, including, but not limited to, costs and attorney s fees, suffered
made, instituted, or asserted by any third party against an Indemnified Party
arising from or in any way related to actual or alleged defamation, libel, slander
interference with or misappropriation of proprietary or creative right, or any otherinjury to any person or property arising out of content transmitted by the
Indemnifying 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.
DISCLAIMER.
EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS
AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES TO CUSTOMER CONCERNING THE SPECIFIC QUALITY
OF ANY SERVICES , OR FACILITIES PROVIDED UNDER THISAGREEMENT. PROVIDER DISCLAIMS, WITHOUT LIMITATION, ANYWARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE, ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
Limitation of Liability.
Each Party s liability to the other Party, whether in contract, tort or otherwise
shall be limited to direct damages, which shall not exceed the monthly charges
plus any related costs/expenses either Party may recover, including those under
Section15 above, and plus any costs/expenses for which the Parties specifyreimbursement 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 to, economic loss or lost business or profits, damages
arising from the use or performance of equipment or software, or the loss of use
of software or equipment, or any accessories attached thereto, delay, error, or loss
of data. Should either Party provide advice, make recommendations, or supply
other analysis related to the services or facilities described in this Agreement, this
limitation of liability shall apply to provision of such advice, recommendations
and analysis.
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.
30.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, claimliability, reimbursement, cause of action, or other right or privilege.
31.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 US. 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 of
the alternatives mentioned in this section and shall be directed to the applicable street or
post office box address indicated below or such address as the Party to be notified has
designated 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 facilitate
informal communications.
Ifto CenturyTel:CenturyTel, Inc.
Attention: Carrier Relations
100 CenturyTel Drive
Momoe, LA 71203
Telephone number: [phone]
Facsimile number: [phone]
With a copy to:Carrier Relations
CenturyTel
805 Broadway
Vancouver, W A 98660
Telephone number: [phone]
Facsimile number: [phone]
Email: j ackie. phillips~centuryte1.com
If to 360NETWORKS:Michel Singer Nelson
Associate General Counsel
867 Coal Creek Circle, Suite 160
Louiseville, CO 80027
Telephone number: [phone]
Facsimile number: [phone]
Email: mnelson~360.net
With a copy to:Liza Dennehy
Vice President, Operations
130 North Main Street
Butte, MT 59701
Telephone number: [phone]
Facsimile number: [phone]
Email: ldennehy~360.net
32.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 the
33.
34.
35.
36.
37.
employees of either Party or to the public (each hereinafter referred to as an
hnpairment of Service
32.Resolution.
If either Party causes an hnpairment in Service, the Party whose network or
service is being impaired (the "hnpaired Party ) shall promptly notify the Party
causing the hnpairment of Service (the "Impairing Party ) of the nature and
location of the problem and that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment may be required.
The hnpairing Party and the hnpaired Party agree to work together to attempt to
promptly resolve the hnpairment 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 the
Parties with respect to provision of the services described in this Agreement shall be
subject to prior written approval of both CenturyTel and 360NETWORKS.
Regulatory Agency Control.
This Agreement shall at all times be subject to changes, modifications, orders, and rulings
by 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 360NETWORKS 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 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 prior
Commission approval is required, in which case this Agreement shall be effective upon
Commission approval. The "effective date" of this Agreement for all purposes will be
the latest date reflected by the signing parties. The Parties agree that orders for services
will not be submitted or accepted until the later of (a) the submission of the CLEC Profile
required by Section 7; or (b) the expiration of the first ten (10) Business Days after the
Agreement is effective.
Regulatory Matters.
Each Party shall be responsible for obtaining and keeping in effect all FCC, Commission
franchise authority and other regulatory approvals that may be required in connection
with the performance of its obligations under this Agreement.
38.Rule of Construction.
No rule of construction requiring interpretation against the drafting Party hereof shall
apply in the interpretation of this Agreement.
39.Section References.
40.
41.
42.
43.
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 competent
jurisdiction 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 of
either Party, in a material change to this Agreement. If a material change as described in
this paragraph occurs as a result of action by a court or regulatory agency, the Parties
shall negotiate in good faith for replacement language. If replacement language cannot
be agreed upon within a reasonable period, either Party may terminate this Agreement
without penalty or liability for such termination upon written notice to the other Party.
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 Provider
remains 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 applicable
laws, rules, or regulations that subsequently may be prescribed by any federal, state or
local 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) and
condition(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) and
condition(s) of this Agreement, the Parties agree to modify, in writing, the affected
term(s) and condition(s), should one or both Parties choose to avail themselves of such
law, rule, or regulation. The Dispute Resolution provisions of Article III, Section 18
shall 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 local
governmental 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 Days
thereafter, 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 to
collect 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
the collecting Party and provides to the collecting Party appropriate documentation as
CenturyTel 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 Partywill 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.
44.
45.
46.
47.
Notwithstanding anything to the contrary contained herein, each Party is responsible for
furnishing tax exempt status information to the other Party at the time of the execution of
the Agreement. Each Party is also responsible for furnishing any updates or changes in
its tax exempt status to the other Party during the Term of the Agreement and extensions
thereof. In addition, each Party is responsible for submitting and/or filing tax exempt
status information to the appropriate regulatory, municipality, local governing, and/or
legislative body. It is expressly understood and agreed that a Party s representations to
the other Party concerning the status of its claimed tax exempt status, if any, and its
impact on this Section 43 are subject to the indemnification provisions of Section 28.
43.
43.2
Tax.
A charge which is statutorily imposed by the state or local jurisdiction and is
either (a) imposed on the seller with the seller having the right or responsibility to
pass the charge(s) on to the purchaser and the seller is responsible for remitting
the chargee 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 chargee s) to the state or local jurisdiction.
Taxes shall include but not be limited to: federal excise tax, state/local sales and
use tax, state/local utility user tax, state/local telecommunication excise tax
state/local gross receipts tax, and local school taxes. Taxes shall not include
income, income-like, gross receipts on the revenue of a Provider, or property
taxes. Taxes shall not include payroll withholding taxes unless specifically
required by statute or ordinance.
Fees/Regulatorv 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 the
charge to the regulatory authority, other agency, or contracting party.
Fees/Regulatory Surcharges shall include but not be limited to E-911/911 , otherNIl, franchise fees, and Commission surcharges.
Trademarks and Trade Names.
Except as specifically set out in this Agreement, nothing in this Agreement shall grant
suggest, or imply any authority for one Party to use the name, trademarks, service marks
or trade names of the other for any purpose whatsoever.
Waiver.
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). With
respect to all TBD prices, prior to a Party ordering any such TBD item, the Parties shall
meet 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 subject to modification by any subsequent decision of the Commission. If an
interim price is different from the rate subsequently established by the Commission, any
underpayment shall be paid, and any overpayment shall be refunded 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.
1.1 Types of Services.
This Article governs the provIsIon of internetwork facilities (i., physical
connection services and facilities), by CenturyTel to 360NETWORKS or by
360NETWORKS to CenturyTel and the transport and termination and billing of
Local Traffic between CenturyTel and 360NETWORKS. For purposes of this
Agreement, Local Traffic shall be defined per Appendix C, Section 1.61. Traffic
not meeting the definition of Local Traffic is not subject to this Agreement.
CenturyTel reserves the right to otherwise seek compensation for such non-Local
Traffic including the imposition of access charges where appropriate.
1.1.1 If it becomes necessary to implement direct interconnection
360NETWORKS will initiate orders for trunk-side Local Traffic
connection services by sending an ASR to CenturyTel. The ordering
process is described in the CenturyTel Service Guide.
1.2 360NETWORKS will comply with the Capacity Planning and Forecasting
provisions of Section 12, Article III and Section 4 of this Article IV before
Cen~uryTel will process 360NETWORKS's ASR for interconnection
servIces.
Billing, Ordering 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. For ordering,
360NETWORKS will issue an ASR to CenturyTel, the ASR will be reviewed by
CenturyTel for validation and correction of errors. Errors will be referred back to
360NETWORKS. 360NETWORKS then will correct any errors that CenturyTel
has identified and resubmit the request to CenturyTel through a supplementalASR. Except as specifically provided otherwise in this Agreement, serviceordering, provisioning, billing and maintenance shall be governed by the
CenturyTel Service Guide.
Rates and Charges.
360NETWORKS agrees to pay to CenturyTel the rates and charges for the
Services set forth in the applicable appendices to this Agreement and to the
applicable Century Tel tariffs. Rates and charges are set forth in Appendix A
attached to this Agreement and made a part hereof.
Billing.
If direct connection is implemented, CenturyTel shall render to 360NETWORKS
a bill for direct connection services on a current basis. Charges for physicalfacilities and other non-usage sensitive charges shall be billed in advance, exceptfor charges and credits associated with the initial or final bills. Usage sensitive
charges, such as charges for termination of Local Traffic, shall be billed in
arrears.
2.4 Billing Specifications.
The Parties agree that billing requirements and outputs will be consistent with the
Ordering & Billing Form (OBF) and also with Te1cordia Technologies Billing
Output Specifications (BOS).
2.4.
2.4.
Usage Measurement: Usage measurement for calls shall begin when
Answer Supervision or equivalent Signaling System 7 (SS7) message is
received from the terminating office and shall end at the time of call
disconnect by the calling or called subscriber, whichever occurs first.
Minutes of use (MOD), or fractions thereof, shall not be rounded upward
on a per-call basis, but will be accumulated over the billing period. At the
end of the billing period, any remaining fraction shall be rounded up to the
nearest whole minute to arrive at total billable minutes. MOU shall be
collected and measured in minutes, seconds, and tenths of seconds.
Transport and Termination of Local Traffic.
Traffic to be Exchanged.
The Parties shall reciprocally tenninate 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 material change in traffic to be exchanged (e., traffic
type, volume).
Compensation for Exchange of Local Traffic.3.2
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 3.2.2 of this Article, subject toany applicable regulatory conditions. Charges for the transport andtermination of optional EAS , intraLA T A 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 to
termination of Local Traffic only. Either Party may initiate a traffic study
no more frequently than once every six (6) months. Such traffic studyshall examine all Local Traffic excluding Local Traffic that is also
Information Access Traffic. Should such traffic study indicate, in theaggregate, that either Party is terminating more than 60 percent of the
other Party s total terminated minutes for Local Traffic excluding Local
Traffic that is also Infonnation Access Traffic, either Party may notify the
other that mutual compensation will commence for such Local Traffic
excluding Local Traffic that is also Information Access Traffic, pursuantto 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 pursuant subsequent traffic studies
(not more frequent than every 12 months) indicate that the traffic has
changed to reflect that neither party terminates more than 60% of the
others traffic.
Percentage Interstate Usage.In the case where either Party desires to
terminate its Local Traffic over or co-mingled on its switched access
Feature Group D trunks such Party will be required to provide a
projected Percentage Interstate Usage ("Pill") to the other Party. All
jurisdictional report requirements, rules and regulations for Interexchange
Carriers specified in CenturyTel's Intrastate Access Services Tariff will
apply to both Parties. 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 factor, shall, at the terminating Party
option, be utilized to determine the appropriate local usage compensation
to be paid.
Tandem Switching Local Traffic.
The Parties agree to enter into their own agreements with third-party providers.
In the event that 360NETWORKS sends traffic through CenturyTel's network to
a third-party provider with whom 360NETWORKS does not have a traffic
interexchange agreement, then 360NETWORKS agrees to indemnify CenturyTel
for any termination charges rendered by a third-party provider for such traffic.
Network Connection.
Network Connection Architecture.
360NETWORKS may connect at any technologically feasible point within the
CenturyTel network, as required by the FCc. In particular, and as discussed
below, 360NETWORKS can connect at any Currently Available Interconnection
Points (IP). Connection at additional points will be reviewed on an individual
case basis. Where the Parties mutually agree following a Bona Fide Request
(BFR) to directly connect their respective networks, connection will be asspecified in the following subsections. All things being equal, CenturyTel willwork with 360NETWORKS in all circumstances to install IPs within 120
calendar days, where technologically feasible and not economically burdensome.Direct connection between the parties will conform to industry standards and
protocols and be consistent with Section 256 of the Act.
4.1.1 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. Where direct connectionis utilized under options (a) or (b) below, the Parties will mutually
designate at least one IP on CenturyTel's network within each CenturyTel
local calling area for the routing of Local Traffic.
A Mid-Span Fiber Meet within an existing CenturyTel exchangearea whereby the Parties mutually agree to jointly plan and
engineer their facility IP at a designated manhole or junction
location with each Party being individually responsible for its
incurred costs in establishing this arrangement. The IP is the
physical demarcation depicting 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, terms
and conditions contained in CenturyTel's applicable tariffs. These
facilities will meet the standards set forth in such tariffs and/or
industry standards.
If the Parties agree, traffic may be exchanged via indirect
connections by transiting a third-party provider s interconnection.
In the event that one Party sends traffic through a third-party
provider, then that Party agrees to indemnify the other Party for
any termination, transiting or tandem charges rendered by a third-
party provider for such traffic.
Compensation.
The Parties agree to the following compensation for direct connection facilities
depending on facility type.
4.2.Mid-Span Fiber Meet: Each Party shall pay for the interconnection
facilities on their side of the IP. The IP will be at a technically feasible
point within CenturyTel's exchange boundary.
4.2.Special Access: Each Party shall pay for the interconnection facilities on
their side of the IP. The IP will be at a technically feasible point within
CenturyTel's exchange boundary.
Trunking Requirements.
The Parties shall meet from time to time and agree on trunking availability and
requirements in order for the Parties to begin exchange of traffic.
The Parties agree to establish trunk groups of sufficient capacity from the
direct connection facilities such that trunking is available to any switching
center designated by either Party, including end offices, tandems, and 911
routing switches. The Parties will mutually agree where one-way or two-
way trunking will be available. The Parties may use two-way trunks fordelivery of Local Traffic or either Party may elect to provision its own
one-way trunks for delivery of Local Traffic to the other Party. If a Party
elects to provision its own one-way trunks for Local Traffic, that Party
will be responsible for its own expenses associated with the trunks.
3.2 The Parties agree to make available to each other trunks over which the
Parties shall terminate Local Traffic to each other s end-users.
360NETWORKS and CenturyTel shall, where applicable, make
reciprocally available, by mutual agreement, the required trunk groups to
handle different traffic types. 360NETWORKS and CenturyTel willsupport the provisioning of trunk groups that carry combined or separate
Local Traffic. CenturyTel requires separate trunk groups from
360NETWORKS to originate and terminate Non-Local Traffic calls andto provide Switched Access Service to IXCs. To the extent360NETWORKS desires to have any IXCs originate or terminate
switched access traffic to or from 360NETWORKS, using jointly provided
switched access facilities routed through a CenturyTel access tandem, it isthe responsibility of 360NETWORKS to arrange for such IXC to issue an
ASR to CenturyTel to direct CenturyTel to route the traffic. If CenturyTeldoes not receive an ASR from the IXC, CenturyTel will initially route the
switched access traffic between the IXC and 360NETWORKS. If the IXC
4.4
subsequently indicates that it does not want the traffic routed to or from
360NETWORKS, CenturyTel will not route the traffic.
1 Each Party agrees to route traffic only over the proper
jurisdictional trunk group.
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.
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 360NETWORKS end
office and a CenturyTel end office.
Intentionally left blank.
Reciprocal traffic exchange arrangement trunk connections shall be made
at a DS-1 or multiple DS-1 level, DS-, (Synchronous Optical Network
(SONET)) where technically available) and shall be jointly engineered to
the applicable State grade of service standard.
7 360NETWORKS 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 grade of service standard or the Joint Connection Plan
referenced in Section 4.7. 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-Frequency
Signaling (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. The Parties will support intercompany 64kbps
clear channel where available.
3.10 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 trunk group forecasting consistent with
Article III, Section 12, and as a condition to CenturyTel's processing 360NETWORKS direct connection ASRs under Section 1.1. Directconnection forecasts must be provided between the Parties, once annually.
The annual forecasts will include:
4.4.1.1 Yearly forecasted trunk quantities for no less than a two-year
period (current year, plus one year); and the use of (i) CLCI-MSG
codes, which are described in Te1cordia 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 The Parties agree to describe and disclose major network projects that
affect the other Party with the annual forecasts provided pursuant to
. Section 4.4.1. 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 succeeding forecast
period.
4.4.The 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 reportsfor trunk groups terminating to the other Party s network. In addition and fromtime 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 4.7. 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 360NETWORKS use may be conditionedon (i) fill factors for trunks previously deployed for the 360NETWORKS; (ii)
compensation arrangements to reflect CenturyTel's and the 360NETWORKS'
proportionate use of the trunking; and (iii) whether the 360NETWORKS ordered
trunking is Currently Available.
Network Redesigns Initiated by CenturyTel.
CenturyTel will not charge 360NETWORKS when CenturyTel initiates its own
network redesigns/reconfigurations.
Indirect Network Connection.
Indirect Network Connection is intended to handle de minimis mutual traffic
exchange until Local Traffic volumes grow to a point where it is economically
advantageous to establish a direct connection.
The Parties agree to establish a direct connection for exchange of Local Traffic
when anyone of the following conditions is met for each month of a consecutive
two-month period:
Combined two-way traffic between two single switches of each Party
reaches a DS-equivalent (200 000 combined minutes of use
MOD") per month;
Traffic originating from a single CenturyTel switch to a single
360NETWORKS switch reaches 100 000 MOUs per month; 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 LEe's end office except as provided for in Section 4.
Common Channel Signaling
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 exchangetrunk 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
(ISUP) 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 TCAP
messages (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.
Third Party Signaling Providers.
360NETWORKS 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.
Network Management Controls.
Each Party shall provide a 24-hour contact number for their Network TrafficManagement centers, so that Network Management issues may be exchanged.. A faxnumber must also be provided to facilitate event notifications for planned mass callingevents. Additionally, the Parties agree to work cooperatively to ensure that any "masscalling events" will not degrade or cause loss of service to each other s end-users. EachParty shall maintain the capability of implementing industry standard network protective
controls.
Number Portability (NP)
Local Number Portability (LNP)
LNP shall be provided in response to a porting request ITom either Party,
consistent with applicable time periods and procedures established by the
Act and applicable FCC regulations. The Parties agree that they shall
develop and deploy LNP in accordance with the Act, such binding FCC
and State mandates, and industry standards, as may be applicable.
1.2 For each LSR submitted service order charges may apply as set forth in
Appendix B.
1.1
Dialing and Rating Equivalence
If both CenturyTel and 360NETWORKS have telephone numbers associated with thesame rate center, and the 360NETWORKS subscriber is physically located in that ratecenter then CenturyTel will provide for dialing and rating equivalency regardless ofwhether the called party is a CenturyTel subscriber or 360NETWORKS subscriber.
For example, if an outbound call can be dialed on a 7-digit basis to a CenturyTel
subscriber in a given rate center, then there is no need for dialing the corresponding call
on a 1 + 1 O-digit basis when it is made to an 360NETWORKS subscriber who isphysically located in the same rate center. Similarly, if an outbound call is rated as a local
call when the called party is a CenturyTel subscriber in a given rate center, then the
equivalent outbound call will be rated as a local call when the called party is an
360NETWORKS subscriber who is physically located in the same rate center.
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.
CenturvTel of the Gem State. Inc..360networks (USA) inc.
By:
Name: Jeffrey S. Glover
Title: Vice President-External Relations &-tlt G,UM""
Date:21,o1 Date:0/--1 f - tJ;z.
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 ), 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 3.2.2)TBD
Local Traffic that is also Information Access Traffic $0.
Tandem Switching and Transiting Not Applicable
Tandem Switching:
Tandem Transport
Transport Termination
Switched access tariff rate
Switched access tariff rate
Switched access tariff rate
Transiting Charge:
Tandem Switching:
Tandem Transport
Transport Termination
Switched access tariff rate
Switched access tariff rate
Switched access tariff rate
Initial Factors:
Initial CenturyTel Originated Local Traffic Factor 50%
APPENDIX B
NON-RECURRING CHARGES
General.The rates contained in this Appendix are subj ect to change resulting from future
Commission or other proceedings, including but not limited to any generic proceeding to
determine CenturyTel's umecovered costs (e., historic costs, contribution, undepreciated
reserve deficiency, or similar umecovered CenturyTel costs), or any appeal or other litigation.
Account Establishment
Local Service Request Charge Per Order Submitted
Customer Record Search Per Account
Expedite Request Charge
$274.
$ 15.55
$ 11.75
$150.
(The following NRCs are in addition to other NRCs as applicable):
Coordinated Conversions:
ISO
Central Office Connection
Outside Facility Connection
$ 18.
$ 9.
8.46
Hot Coordinated Conversion Per Hour:
ISO
Central Office Connection
Outside Facility Connection
$ 24.
$ 36.
$ 33.
Application of NRCs
Local Service Request is applicable to each LSR submitted for whatever service request
is desired.
Account Establishment is a one-time charge applied the first time that service is ordered
under this Agreement.
Customer Record Search applies when CLEC requests a summary of the services
currently subscribed to by the end-user.
Hot Coordinated Conversion Per Hour applies when CLEC requests real-time
coordination of a service cut-over.
APPENDIX C
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 thatthere may be any conflict between a definition set forth in this Appendix C 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
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 1O4th United
States Congress effective February 8, 1996.
1.3 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.
1.4 Answer Supervision
An off-hook supervisory signal.
1.5 Applicable Law
All laws, statutes, common law, regulations, ordinances, codes, rules, guidelines
orders, permits, and approvals of any Governmental Authority, which apply or
relate to the subject matter of this Agreement.
1.6 Automatic Location Identification/Data Mana2ement System (ALI/DMS)
The emergency services (E-911/911) database containing customer location
information (including name, address, telephone number, and sometimes special
information ITom the local service provider) used to process subscriber access
records into Automatic Location Identification (ALI) records.
1.7 Automated Messa2e Accountin2 (AMA)
The structure inherent in switch technology that initially records
telecommunication message information. AMA format is contained in the
Automated Message Accounting document, published by Te1cordia Technologies
as GR-11 OO-CORE, which defines the industry standard for message recording.
1.8 Automatic Number Identification (ANI)
The number transmitted through the network identifying the calling party s billingnumber.
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Basic Local ExchaDl!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 directory
assistance; access to emergency services (E911); access to telephone relay service
(TRS); access to interexchange carriers of the customer s choice; standard white
pages directory listing; and toll blocking for low-income consumers participating
in Lifeline (subject to technical feasibility).
Bill-and-Keep Arran2ement
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 said
carriers 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 the
Parties as services to be ordered as BFRs.
Business Day
Monday through Friday, except for holidays on which the non-priority US. mail
is not delivered.
Centralized Messa2e Distribution System (CMDS)
The billing record and clearing house transport system that the Regional Bell
Operating Companies (RBOCs) and other incumbent LECs use to efficientlyexchange out collectibles and in collectibles as well as Carrier Access Billing
System (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.
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).
CenturyTel Service Guide
The CenturyTel Service Guide, which contains CenturyTel's operating
procedures 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 by
CenturyTel as needed.
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Certificate of Operatill!! Authority
360NETWORKS must represent and warrant to CenturyTel that it is a certified
provider of local exchange service in the State and authorized within theCenturyTel local service area. 360NETWORKS will provide a copy of itsCertificate of Operating Authority or other evidence of its status to CenturyTel
upon request. 360NETWORKS 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 Bellcore, now Telcordia.
19 CLLI Codes
Common Language Location Identifier Codes.
Commission
The State Public Service or Public Utilities Commission, as applicable.
Common Channel Sh!nalinl! (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/or
database-related services between Signaling Points in the CCS network using SS7
signaling protocol.
Competitive Local Exchanl!e Carrier (CLEC)
Any company or person authorized to provide local exchange servIces IIIcompetition with an ILEe.
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 CenturvTel
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 orservice and does not include any service, feature, function or capability that
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CenturyTel either does not provide to itself or to its own end users, or does not
have the capability to provide.
Customer
The Party receiving service from the other. CenturyTel or 360NETWORKS
depending on the 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. Dedicated
Transport 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.
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 PSAPwhere the ANI is used to retrieve and display the Automatic LocationIdentification (ALI) on a terminal screen at the answering attendant's position. It
usually includes selective routing.
Exchan!!e Messa!!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-010-200-010 CRIS Exchange MessageRecord, published by Telcordia Technologies.
Exchan!!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
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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 with
regulations (see reference in Article III, Section 46).
Hazardous Chemical
As derIDed in the u.S. Occupational Safety and Health Act (OSHA) hazard
contamination 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 solid
waste(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 for
environmental matters, any conditions or practices at a facility which are such that
a danger exists which could reasonably be expected to cause death or serious
harm 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 a
member of the Exchange Carrier Association as set forth in 47 C.R. g69.601(b)
of the FCC's regulations.
Indirect Network Connection
The Interconnection of the Parties ' networks for exchange of Local Traffic via a
tandem switch belonging to a third party.
Information Access Traffic
Information Access Traffic, for the purpose of this Agreement, is traffic
(excluding CMRS traffic) that is transmitted to or returned fTom 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
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an ISP physically located in the same CenturyTel Local Calling Area. The term
Information Access Traffic does not include transmission of voice
telecommunications traffic regardless of whether it is delivered to an ISP and
regardless of whether it is carried at any point on facilities via Internet protocol.
Information Service Provider or "ISP"
A provider of Information Service, as defined in 47 US.C. 153(20). Information
Service Provider includes, but is not limited to, Internet Service Providers.
Initial Service Order
charge applied to each LSR of Unbundled Loops with the exception of
Subsequent Service Order changes to existing CLEC accounts.
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 of the transmission facility.
InterexchaDl!e Carrier (lXC)
telecommunications service provider authorized by the FCC to provideinterstate long distance communications services between LA T As and is
authorized by the State to provide inter- and/or intraLATA long distance
communications 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 of
exchange service and exchange access.
ISDN User Part (lSUP)
A part of the SS7 protocol that defines call setup messages and call takedown
messages.
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 communications
service; 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.
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Local Exchan1!e Carrier (LEC)
Any company certified by the Commission to provide local exchange
telecommunications service. This includes the Parties to this Agreement.
Local Exchan1!e Routin1! Guide (LERG)
The Te1cordia Technologies reference customarily used to identify NP A-NXX
routing 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 location
existing 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 forms and supporting documentation used for ordering
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 Billin1! (MPB)
Refers to an arrangement whereby two LECs (including a LEC and CLEC)jointly
provide Switched Access Service to an Interexchange Carrier, with each LEC (or
CLEC) receiving an appropriate share of the revenues from the IXC as defined by
their effective access Tariffs.
Mid Span Fiber Meet
An Interconnection architecture whereby two carriers' fiber transmission facilities
meet at a mutually agreed upon IP.
Multiple Exchan1!e Carrier Access Billin1! (MECAB)
Refers to the document prepared by the Billing Committee of the Ordering and
Billing Forum (OBF), which functions under the auspices of the Carrier Liaison
Committee (CLC) of the Alliance for Telecommunications Industry Solutions
(ATIS). The MECAB document, published by Telcordia Technologies as Special
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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 more
states within a single LATA.
Multiple Exchanl!e Carriers Orderinl! and Desil!n Guidelines for Access
Services - Industry Support Interface (MECOD)
document developed by the OrderinglProvisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (AIlS). The MECOD documentpublished by Telcordia Technologies as Special Report SR-STS-OO2643
establishes methods for processing orders for access service that is to be provided
by two or more LECs.
67 911 Service
911 and E91l provides an End User access to the applicable emergency service
bureau, where available, by dialing a 3-digit universal telephone number (911).
1.68 North American Numberinl! Plan (NANP)
The system of telephone numbering employed in the United States, Canada, and
Caribbean countries that employ NP A 809.
69 Numberinl! Plan Area (NP
Also sometimes referred to as an area code, is the three-digit indicator which is
defined by the "
, "
, and "C" digits of each 10-digit telephone number within
the NANP. Each NP A contains 800 possible NXX Codes. There are two general
categories of NPA
, "
Geographic NPAs" and "Non-Geographic NPAs . A
Geographic 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 Access
Code or "SAC Code is typically associated with specialized
telecommunications service that may be provided across multiple geographic
NP A areas. 800, 900, 700, and 888 are examples of Non-Geographic NP As.
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NXX. NXX Code. Central Office Code or CO Code
The three-digit switch entity indicator that is defined by the "
, "
, and "
digits of a 10-digit telephone number within the NANP. Each NXX Code
contains 10 000 station numbers.
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 360NETWORKS.
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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 360NETWORKS
depending on the context and which Party is providing the service to the other
Party.
Public Safetv Answerinl! Point (PSAP)
An answering location for 911 calls originating in a given area. A PSAP may be
designated as Primary or Secondary, which refers to the order in which calls are
directed for answering. Primary PSAPs respond first; Secondary PSAPs receive
calls on a transfer basis only, and generally serve as a centralized answering
location for a particular type of emergency call. PSAPs are staffed by employees
of Emergency Response Agencies (ERAs) such as police, fire or emergency
medical agencies or by employees of a common bureau serving a group of such
entities.
Oualifvinl! 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 ;;ervice
(such as DSL services and high-capacity circuits).
Rate Center
The specific geographic point and corresponding geographic area that are
associated with one or more particular NP A-NXX Codes that have been assignedto 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 NP A- NXXsassociated with the specific Rate Center.
Ril!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 orprivate property (including air space above public or private property) and may
include the right to use discrete space in buildings, building complexes, or other
locations.
Routinl! 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 the
LEC 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 BR 795-100-100, the Routing Point may be an end office location, or a "LEC Consortium
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Point of Interconnection." The Routing Point must be in the same LATA as the
associated NPA-NXX.
Service Control Point (SCP)
Service Control Point (SCP) means a node in the CCS network to which
information requests for service handling, such as routing, are directed and
processed. The SCP is a real time database system that, based on a query from a
Service Switching Point (SSP), performs subscriber or application-specific
service logic and then sends instructions back to the SSP on how to continue call
processmg.
Service Switchim! Point (SSP)
Service Switching Point (SSP) is a Signaling Point (SP) that can launch queries
to d~tabases and receive/interpret responses in order to provide specific customer
servIces.
Si1!nalin1! Point (SP)
A node in the CCS network that originates and/or receives signaling messages, or
transfers signaling messages from one signaling link to another, or both.
Si1!nalin1! System 7 (SS7)
The signaling protocol, Version 7, of the CCS network, based upon American
National Standards Institute (ANSI) standards.
Si1!nalin1! Transfer Point (STP)
Signaling Transfer Point (STP) means a Packet Switch that performs message
routing functions and provides information for the routing of Common Channel
Signaling (CCS) messages.
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.
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~re Group B , Feature Group C, Feature Group D, 800 access and 900 access
servIces.
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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 Technolo2:V
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.
TeIcordia Technolo2:ies
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. Te1cordia
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 such
classes of users as to be effectively available directly to the public, regardless of
the facilities used.
Third Party Contamination
Environmental pollution that is not generated by the LEC or 360NETWORKS but
results from off-site activities impacting a facility.
Transit Traffic
Transit Traffic is traffic originating on 360NETWORKS' s network that is
switched and/or transported by CenturyTel and delivered to a third party
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, for
example, to another central office switch. Trunk side connections offer those
transmission and signaling features appropriate for the connection of switching
entities and cannot be used for the direct connection of ordinary telephone sets.
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 a
LEC's network, where transmission facilities and circuits are connected or
switched.